Marriage for convenience

Dear Atty. Chris,

I am Analyn. Back in 204, my friend set me up with a US resident because I want to go the US.  After 2 months of knowing each other, we held out wedding in the CityHall because too little time. He stayed here with me in Pampanga for almost 3 months before he left for the US.

I waited but he never took me to the US. There was no love involved. If it weren't for US, I won't marry him.  I can say that I never consented.

Now he wants our marriage be nullified.  What should I do?

Analyn

Dear Analyn,

To start, you freely stood with him in the presence of a solemnizing officer, signed the papers, and even stayed with him for almost three (3) months. Taking these into consideration, it is safe to conclude that, within legal parlance, you gave your consent to be lawfully bound with him as his wife, and that you entered into a valid contract of marriage.

It cannot be even said that your marriage may be annulled, because we fail to see that your consent was vitiated by fraud, force, intimidation or undue influence.

While there is no love involved, the Supreme Court has explained that there is no law that declares a marriage void if it is entered into for purposes other than what the Constitution or law declares, such as the acquisition of foreign citizenship or, in this case, the possible migration to a foreign country. As long as all the essential and formal requisites prescribed by law are present, and they are not void or voidable under the grounds provided by law, they shall be declared valid.

The High Court, through Supreme Court Associate Justice Jose Catral Mendoza, expounded: "x x x marriages entered into for other purposes, limited or otherwise, such as convenience, companionship, money, status and title, provided that they comply with all the legal requisites, are equally valid. Love, though the ideal consideration in a marriage contract, is not the only valid cause for marriage. Other considerations, not precluded by law, may validly support a marriage. x x x" (Republic vs. Albios, G.R. No. 198780, October 16, 2013).

If, however, there are any other bases for you to seek the nullification of your marriage consistent with Articles 35, 36, 37 and 38 of our Family Code, or the annulment thereof pursuant to Article 45 of the law, then that is the only time when you may file a petition in court.

Hope this helps.

Atty. Chris Liquigan