Getting out of a ‘shotgun marriage’

Getting out of a ‘shotgun marriage’ "My nephew was forced to marry his first girlfriend when the girl’s ultra-conservative father allegedly caught them in a sexual act. According to my nephew, he was threatened with mauling by the father and his girlfriend’s male siblings who were all in the military. Out of fear, my nephew was forced to marry his girlfriend in a civil wedding. The intimidation and threats on my nephew continued even after their wedding just to force him to make good with his commitment to be a husband to his new wife. My nephew has been suffering greatly because of this as he can’t stand both his new wife and her abusive family. Because of this, we want to know if my nephew can have his marriage annulled for being a victim of a ‘shotgun wedding’? I hope you can advise us on what we can do about this. Thank you!Juliebeth Dear Juliebeth,According to the Family Code of the Philippines, the consent freely given by the parties during marriage is one of the essential requisites of a valid marriage. When consent in marriage is obtained through force, intimidation or undue influence, a ground to file a legal action for annulment of marriage can exist. According to Article 45 of this law: “Art. 45. A marriage may be annuled for any of the following causes, existing at the time of the marriage:xxx (4) That 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 as husband and wifexxx” (Emphasis supplied).The law states that there is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, descendants or ascendants, to give his consent (Article 1335, Civil Code).From your narration, it appears that your nephew’s consent to be married to his girlfriend was forced through the intimidations of the relatives of his girlfriend. If this is true, then there is a defect in the essential requisites in the marriage of your nephew since his consent was derived from intimidation instead of being freely given. This therefore makes his marriage voidable or valid until annuled. Note that a petition for annulment of marriage based on a vitiated consent must be filed within five (5) years from the time the force, intimidation or undue influence disappeared or ceased (Article 47[4], Family Code). An action filed after this period will be barred by prescription.Thus, considering the allegations of intimidation to obtain the consent of your nephew in his marriage, you may advise him to file an appropriate petition for annulment of marriage provided that it is supported by evidence and filed within the aforementioned prescriptive period.We find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated. We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to " - https://www.affordablecebu.com/