Marriage between cousins is void

BY PERSIDA ACOSTA
JANUARY 13, 2019

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 MARRIAGE BETWEEN COUSINS IS VOID

Persida Acosta
Dear PAO,
My college dormmate met a guy who later became her boyfriend.
Almost eight months into their relationship, she learned that they are
related to each other as it turned out, her mother is the illegitimate
sister of her boyfriend’s father (they have the same Lolo). So
basically, they are cousins. I think they were not aware of their family
background because their respective families have never been close to
each other. Also, my dormmate grew up here in Manila, while her
boyfriend grew up in Davao. They have talked about marriage, though
not too seriously. They are now wondering if they can legally marry
each other? Please advise me.
Savana

Dear Savana,
For a marriage to be considered lawful and valid, the essential and
formal requisites laid down by our laws must be present. These are:
(1) Legal capacity of the contracting parties who must be a male and a
female; (2) Consent freely given in the presence of the solemnizing
officer; (3) Authority of the solemnizing officer; (4) A valid marriage
license except in the cases provided for in Chapter 2 of Title I of the
Family Code of the Philippines; and (5) A marriage ceremony which
takes place with the appearance of the contracting parties before the
solemnizing officer and their personal declaration that they take each
other as husband and wife in the presence of not less than two
witnesses of legal age (Articles 2 and 3, Family Code of the
Philippines).

Apart from the abovementioned requisites, it is vital that the marital

union does not fall under any of the void and voidable marriages
mentioned under Chapter 3, Title I of the Family Code.
One of the salient provisions of this chapter is Article 38, which
provides:

“The following marriages shall be void from the beginning for reasons
of public policy:

(1) Between collateral relatives, whether legitimate or illegitimate, up

to the fourth civil degree; x x x”

To ascertain whether the parties are collateral relatives within the

fourth civil degree, it is necessary to “x x x consider their nearest and
immediate common ascendant and then count the number of relatives
from one of them to the common ascendant and from the common
ascendant to the other one” (paragraph 5, page 220, Persons and
Family Relations Law, Fourth Edition, 2004 by Melencio S. Sta.
Maria, Jr.). The rationale behind the legal proscription is that:

“Marriage between collateral blood relatives up to the fourth civil

degree may disturb the policy of the state as it may likely result
though not of the same gravity, in the dangers and confusion attendant
in incestuous marriage under Article 37. x x x” (Ibid.)

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In the situation which you have presented, it appears that your college
dormmate and her boyfriend are collateral relatives within the fourth
degree considering that they share a common ascendant, their
grandfather who is the common parent of their respective parents. And
even if their relationship appears to be illegitimate since her mother is
the illegitimate sister of her boyfriend’s father, a marriage between
them will still result in a void marriage because Article 38 (1) of the
Family Code expressly embraces both legitimate and illegitimate
relationships as long as they are still within the fourth civil degree.

We hope that we were able to answer your queries. 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.