Ab Initio

In the Philippines, the term "ab initio" is used in legal parlance to refer to a marriage that is void from the start. This means that the marriage is considered to have never existed, and the parties to the marriage are not considered to be husband and wife. There are a number of grounds on which a marriage can be declared void ab initio in the Philippines. These grounds include: * One of the parties is below the age of 18 years old. * The solemnizing officer lacks the authority to solemnize marriages. * There is no marriage license, unless there is an affidavit that the parties had been cohabiting as husband and wife for the past five years. * The marriage is bigamous or polygamous. * There is a mistake as to the identity of another. * The marriage is incestuous. * The marriage is voidable, but the judgment annulling the marriage has not been recorded in the appropriate civil registry. In addition to these grounds, a marriage can also be declared void ab initio if one of the parties suffers from psychological incapacity. Psychological incapacity is a legal term that refers to a mental disorder that renders a person incapable of entering into a valid marriage. In order to establish psychological incapacity, the petitioner must prove that the other party: * Was unable to understand the nature and consequences of the marriage at the time of the wedding; * Was unable to comply with the essential marital obligations, such as love, respect, and fidelity; and * Was unable to carry out the essential marital functions, such as procreation and childrearing. The case of Republic v. Molina is a good example of a marriage that was declared void ab initio on the ground of psychological incapacity. In that case, the husband was diagnosed with paranoid schizophrenia, a mental disorder that causes delusions and hallucinations. The husband's delusions and hallucinations prevented him from understanding the nature and consequences of the marriage, and they also prevented him from complying with the essential marital obligations. As a result, the court declared the marriage void ab initio. It is important to note that a marriage that is void ab initio cannot be ratified or confirmed by the parties. This means that the parties cannot simply decide to live together as husband and wife and make the marriage valid. A marriage that is void ab initio is considered to be a nullity, and it has no legal effect. If you believe that your marriage is void ab initio, you should consult with an attorney to discuss your legal options. Welcome to the VirtuaLaw, YouTube channel! This channel is dedicated to providing informative and engaging content about the law, from the basics of legal concepts to in-depth analysis of landmark cases. We aim to make the law accessible to everyone, regardless of their legal background. Our videos cover a wide range of topics, including: • Legal concepts: We explain the basics of legal concepts, such as torts, contracts, and criminal law. • Jurisprudence: We explore the history and philosophy of law, and how it has evolved over time. • Case digest: We analyze landmark cases, and discuss their implications for the law. Whether you're a law student, a lawyer, or just someone who's interested in learning more about the law, we hope you'll find our channel informative and engaging.