Dear PAO,
I have a boyfriend and we have been together for 6 years
now. We have a 5-year-old daughter. We want to get married but we are
not able to because my husband is already married. He has no
communication with his wife, but
we know she also has a family of her own now. I really want us to get
married. What is the best way for my boyfriend to have his marriage
legally dissolved? Thank you and more power.
Maria
Dear Maria,
First
and foremost, we would like to emphasize that you should not maintain a
relationship with a married man. Your boyfriend is obliged under our
laws to remain faithful to his wife. Furthermore, you may be held
criminally liable if it is proven that you and your boyfriend are
cohabiting with each other either in their conjugal dwelling or in some
other place, or that the two of you are having sexual intercourse under
scandalous circumstances (Article 334, Revised Penal Code).
If
your boyfriend truly desires to marry you, he should first lawfully end
his marriage with his wife. He may file a petition for declaration of
absolute nullity of marriage or he may file a petition for annulment of
marriage, as the case may be, before the Regional Trial Court of the
place where he resides.
However, it is necessary that there be a
legal basis for him to file such petition. Under the Family Code of the
Philippines, the following are the grounds for the declaration of
absolute nullity of marriage: (1) either party is below eighteen years
of age even with the consent of parents or guardians; (2) marriage was
solemnized by any person not legally authorized to perform marriages,
unless it was contracted with either or both parties believing in good
faith that the solemnizing officer had the legal authority to do so; (3)
marriage was solemnized without license, except those allowed under the
law; (4) bigamous or polygamous marriages not failing under Article 41;
(5) marriage was contracted through mistake of one contracting party as
to the identity of the other; (6) subsequent marriages that are void
under Article 53; (7) either party was psychologically incapacitated to
comply with the essential marital obligations of marriage at the time of
the celebration of the marriage; (8) incestuous marriages; (9)
marriages which are void from the beginning for reasons of public policy
(Articles 35, 36, 37 and 38, Family Code of the Philippines).
Should
your boyfriend wish to have his marriage annulled, he must prove the
existence of any of the following grounds: (1) he was eighteen years of
age or over but below twenty-one, and the marriage was solemnized
without the consent of his parents, guardian or person having substitute
parental authority over the party, in that order, unless after
attaining the age of twenty-one, he freely cohabited with his wife; (2)
either party was of unsound mind, unless such party after coming to
reason, freely cohabited with the other as husband and wife; (3) consent
of either party was obtained by fraud, unless such party afterwards,
with full knowledge of the facts constituting the fraud, freely
cohabited with the other; (4) the consent of either party was obtained
by force, intimidation or undue influence, unless the same having
disappeared or ceased, such party thereafter freely cohabited with the
other; (5) either party was physically incapable of consummating the
marriage with the other, and such incapacity continues and appears to be
incurable; or (6) either party was afflicted with a
sexually-transmissible disease found to be serious and appears to be
incurable (Article 45, id).
We hope that we were able to answer
your queries. Please be reminded that this advice is based solely on the
facts you have narrated and our appreciation of the same. Our opinion
may vary when other facts are changed or elaborated.
source: Manila Times' Column by
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