(Marites Que-Orlano vs.

Miguel Orlano)

11 October 2014

Dear Ms. Que-Orlano:

You came to me seeking for an opinion regarding your marital concerns with Mr. Miguel Orlano.
As I have understood what you have said, the facts are as follows:
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You have met Miguel Orlano, then a twenty-five (25) year old artist of star magic.
You became love-team partners in the industry and, subsequently, fell in love with each other.
On 1 November 2000, you and Miguel got married at Boracay.
After one (1) year of married life, you became suspicious that Miguel had a different sexual preference because Miguel was
fond of your dresses, shoes and your panties.
Miguel would usually reason out to you that he was trying to incorporate roles which he usually play in his teleseryes.
You believe that you had an unhealthy married life for ten (10) years without bearing a child.
Just last year, you fell in love with a leading man of a teleserye.

Based on the foregoing facts, you are now seeking legal advice: (1) if your marriage with Miguel is void because the civil registry
never issued your marriage license; (2) if your marriage can be declared null and void because you believe that he has a different
sexual preference and; (3) if you can marry the leading man you presently fell in love with considering that your marriage is null and
void.
In this regard, there appears to be three (3) legal issues which must be considered namely: (1) Whether the absence of a marriage
license during the celebration of your marriage renders your marriage null and void; (2) Whether Miguels homosexuality tendency
may be a ground for declaring your marriage null and void and; (3) Whether there is no impediment for you to remarry again.
As regards to the first issue, your marriage may be considered void if we are able to prove that the civil registrar failed to issue your
marriage license during the celebration of your marriage.
Your marriage is considered void from the very beginning if your marriage is solemnized without a marriage license. This is embodied
case entitled in Article 35(3) of the Family Code which provides that a marriage solemnized without a license is void from the
beginning, except those exempt from the license requirement under Articles 27 to 34, Chapter 2, Title I of the same Code. Based on
the foregoing facts, the exemptions mentioned under Articles 27 to 34 of the Family Code is are not present in your case.
If you would desire to choose this option, I suggest that you first request a certification from the local registrar which certifies that the
local registrar had no record of your marriage license.
As regards to the second issue, your marriage may be considered void because of psychological incapacity if we are able to prove
that his homosexual tendency existed at the time of the celebration of your marriage.
Miguels homosexuality, per se, is not a ground for considering your marriage with him void. According to the decisions of the
Supreme Court, we need to prove the following in order to declare a marriage void under Article 36 of the Family Code:
(a) GravityIt must be grave and serious such that the party would be incapable of carrying out the ordinary duties required in
a marriage;
(b) Judicial AntecedenceIt must be rooted in the history of the party antedating the marriage, although the overt
manifestations may emerge only after the marriage; and
(c) IncurabilityIt must be incurable, or even if it were otherwise, the cure would be beyond the means of the party involved.
Between the two options: (a) void because of the absence of a marriage license and (b) void because of psychological incapacity, I
would suggest that you take the first option because I think that it would be easier and more cost-efficient between the two options.
By taking the first option, we would only be needing to secure a certification from the local registrar that it has no record of your
marriage license. On the other hand, by taking the second option, we would be needing to hire expert witness and institute a court
proceeding to establish and prove that Miguel was psychologically incapacitated on the ground of homosexuality tendency during the
celebration of your marriage.
As regards to the third issue, you cannot marry the leading man you currently love without securing a judicial declaration of nullity of
marriage.
Article 40 of the Family Code provides that the absolute nullity of a previous marriage may be invoked for purposes of remarriage on
the basis solely of a final judgment declaring such previous marriage void. Simply stated, if the marriage is void, either or both
spouses must file a petition asking the court to declare the marriage void before remarrying.
I hope I was able to satisfy all your questions. Please contact me if you have any questions relating to this advice.
Sincerely,
(Atty.) Jon Diaz de Riera