I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
Welcome to my 200th post! This is another milestone!
You should read about void marriages since this article is related. There is no prescriptive period for an action or defense of a declaration of absolute nullity of marriage. Hence, an action to declare a marriage absolutely null can be filed any time. It should not be confused with an action for annulment, which has prescriptive periods.
These are the grounds for annulment of marriage:
1.) One of the parties is 18 years old or above but less than 21 years old and there was no consent from the parents of that party
2.) Either party was of unsound mind
3.) Consent of either party was obtained by fraud (see below)
4.) Consent of either party was obtained by force, intimidation or undue influence
5.) Either party wasn't capable of consummating the marriage (read: impotence)
6.) One party suffers a serious and incurable sexually-transmissible disease
These are the grounds of fraud:
1.) Non-disclosure of a previous conviction by final judgment of a crime or moral turpitude
2.) Concealment of pregnancy at the time of the marriage
3.) Concealment of a sexually-transmissible disease at the time of the marriage
4.) Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism at the time of the marriage
Prescriptive Periods
1.) Non-age:
The parent of the party in question can sue within 5 years before said party becomes 21, or the party himself/herself can sue within 5 years after he/she turns 21.
2.) Unsoundness of mind:
The spouse, relatives or guardians of the insane party can file suit at any time before the death of either party.
3.) Fraud:
The injured party can file suit within 5 years from the discovery of the fraud.
4.) Force, intimidation or undue influence:
The injured party can file suit within 5 years after the force, intimidation or undue influence ceased.
5.) Impotence:
The injured party can file suit within 5 years from the celebration of marriage.
6.) Sexually-transmitted disease:
The injured party can file suit within 5 years from the celebration of marriage.
The prescriptive periods here refer to the grounds of annulment, not to a declaration of absolute nullity.
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