Report no 7 - ARTICLE 48 of the FAMILY CODE OF THE PHILIPPINES

The FAMILY CODE OF THE PHILIPPINES

Title I – MARRIAGE

Chapter 3 – VOID AND VOIDABLE MARRIAGES

ARTICLE 48

Reported by :

Mary Grace De Lumban

Joy G. De Loyola

Article 48

In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed.

In cases referred to in the preceding paragraph, no judgment shall be based upon a stipulation of facts or confession of judgment. (88a)

REASON FOR THE LAW. The intention of the law is clear, that is to preserve the marriage. The State has interest in the marriage as the foundation of the family, that is why, it is required that in case of annulment or declaration of nullity of marriage, the prosecutor or fiscal assigned to the court where the case is pending must appear on behalf of the State to see to it that there would be no collusion between the spouses or see to it that the evidence is not fabricated. This law emphasizes the fact that marriage is not a mere contract but an inviolable social institution. If the fiscal or prosecutor finds collusion or fabrication of the evidence during the trial, he can move for the dismissal of the case. In fact, the law even prohibits the rendition of judgment based on stipulation of facts or confession of judgment. As said elsewhere, the nature, consequence and incidents of marriage are determined by law and not subject to stipulations.

The requirement that the court shall order the prosecuting attorney to appear is intended to prevent annulment of marriage in cases where no ground care, not only to prevent fraud and collusion by the parties, but also to guard against an honest mistake under which they may be acting (Capistrano, Civil Code of the Phils., 1950 ed., p.105).

NO DEFAULT IN ANNULMENT OF MARRIAGE. Well-entrenched in Philippine law is the rule that a party in action for the annulment of marriage cannot be declared in default. This is so because the granting of annulment of marriage or declaration of nullity of the same by default is fraught with danger of collusion. The collusion is suspected when the defendant, despite the service of summons, does not file an answer or contest the action, hence, the duty of the court to order the prosecutor to appear to prevent collusion between the parties and to take care that the evidence to be presented is not fabricated. The reason for the law is obvious from the policy that marriage is not a mere contract, but an inviolable social institution in which the State is virtually interested because the State finds no strong anchor than on good, solid and happy families.

THE SOLICITOR GENERAL IS AUTHORIZED TO INTERVENE IN PROCEEDINGS FOR NULLITY AND ANNULMENT OF MARRIAGES. No less than the Constitution seeks to preserve the sanctity of the marriage. The reason is that, marriage is the foundation of the family and the family is the foundation of society. That is why, the law on marriage is restrictive. Even if there is no answer of the defendant in actions for declaration of nullity of marriage or annulment thereof or even in legal separation, there is an inherent opponent, the State. That is why, more often than not parties would question the appearance of the State through the Solicitor General in such proceedings. The reason why the State intervenes is to protect its interest in the marriage.

The issuance of the Court of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, which became effective on March 15, 2003, should dispel any other doubts of respondent Crasus as to the authority of the Solicitor General to file the instant Petition on behalf of the State. The Rule recognizes the authority of the Solicitor General to intervene and take part in the proceedings for annulment and declaration of nullity of marriages before the RTC and on appeal to higher courts. The pertinent provisions of the said Rule are reproduced below:

Section 5. Contents and form of petition. — 
(4) It shall be filed in six copies. The petitioner shall serve a copy of the petition on the Office of the Solicitor General and the Office of the City or Provincial, within five days from the date of its filing and submit to the court proof of such service within the same period.

…

Section 18. Memorandum. —  The court may require the parties and the public prosecutor, in consultation with the Office of the Solicitor General, to file their respective memoranda in support of their claims within 15 days from the date the trial is terminated. It may require the Office of the Solicitor General to file its own memorandum if the case is of significant interest to the State. No other pleadings or papers may be submitted without leave of court. After the lapse of the period herein provided, the case will be considered submitted for decision, with or without the memoranda.

…

(2) The parties, including the Solicitor General and the public prosecutor, shall be served with copies of the decision personally or be registered mail. If the respondent summoned by publication failed to appear in the action the dispositive part of the decision shall be published once in a newspaper of general circulation.

(3) The decision becomes final upon the expiration of 15 days from notice to the parties. Entry of judgment shall be made if no motion for reconsideration or new trial, or appeal is filed by any of the parties, the public prosecutor, or the Solicitor General.

COLLUSION. Collusion occurs where, for purposes of getting an annulment or nullity decree, the parties come up with an agreement making it appear that the marriage is defective due to the existence of any of the grounds for the annulment of marriage or the declaration of its nullity provided by law and agreeing to represent such false or non-existent cause of action before the proper court with the objective of facilitating the issuance of a decree of annulment or nullity of marriage. The commission of a matrimonial offense, or the creation of the appearance of having committed it, with the consent or privity of the other party, or under an arrangement between spouses, has been held to be collusion. Collusion implies a corrupt agreement between the husband and wife and, therefore, renders dismissible any annulment or nullity case initiated through the same.

STIPULATION OF FACTS OR CONFESSION OF JUDGMENT. An annulment or nullity decree cannot be issued by the Court on the sole basis of a stipulation of facts, or a confession of judgment (Cardenas v Cardenas and Rinen, 98 Phil. 73). The former is practically an admission by both parties made in court agreeing to the existence of the act constituting the ground for annulment or for the declaration of nullity of the marriage, while the latter is the admission made in court by the respondent or defendant admitting faulty as invoked by the plaintiff to sever the marriage ties.

Reference:

Judge Albano, Ed Vincent S. (2017). Family Code of the Philippines.

Sta. Maria, Melencio S. (2015). Persons and Family Relations Law.