Nida and Deogracias were college sweethearts who had a child together named Mikael. When Mikael was three years old, Nida and Deogracias both died in a car accident while still planning their future wedding. Mikael was then put in the care of the unmarried sister of Nida, Nina, who officially adopted Mikael. A few years later, Nina left to work in the United States (US). Mikael was left to live with his grandmother, Aurora, in the Philippines. In the US, Nina bore an illegitimate child, Maricel, from her affair with a married man. When Maricel was 22 years old, Aurora died so Nina came home to the Philippines with Maricel for the funeral. Maricel finally met Mikael who is now 28 years old. The two of them fell in love and planned to get married. Nina objected, saying that their marriage was prohibited by law. Can Maricel and Mikael validly get married? Explain your answer.
Suggested answer only. Not an official answer and not legal advice.
No, Maricel and Mikael cannot validly marry each other.
Under Article 38(1) of the Family Code, marriages between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree are void ab initio for reasons of public policy. Adoption is a legal fiction that creates parentage between adopter and adoptee, but it does not erase the biological blood relationship between collateral relatives.
Here, Mikael is Nida's biological child and Maricel is Nina's biological child. Since Nida and Nina are biological sisters, Mikael and Maricel are biological first cousins, making them collateral blood relatives within the fourth civil degree. Although Mikael was adopted by Nina, their biological kinship remains, rendering their marriage void.
Therefore, Maricel and Mikael cannot validly get married.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Under Article 38(1) of the Family Code, up to what civil degree are marriages between collateral blood relatives prohibited and void ab initio?
Article 38(1) explicitly renders void marriages between collateral blood relatives up to the fourth civil degree.
What is the civil degree of relationship between biological first cousins under Philippine civil law?
First cousins are collateral blood relatives related within the fourth civil degree.
How does legal adoption affect the statutory marriage prohibition between biological collateral relatives?
Adoption is a legal fiction that does not extinguish biological blood relationships or statutory marriage bars.
Are marriages between illegitimate collateral blood relatives within the fourth civil degree valid under Philippine law?
Article 38(1) explicitly applies to collateral blood relatives whether legitimate or illegitimate.
Why are Maricel and Mikael legally prohibited from marrying each other under Article 38(1) of the Family Code?
Maricel and Mikael are biological first cousins within the fourth civil degree, making their marriage void under Article 38(1).
Learn more about these topics
1. First Cousins Marriage
Under Article 38(1) of the Family Code, marriages between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree are void ab initio on grounds of public policy. First cousins are collateral blood relatives in the fourth civil degree. The statutory prohibition against marriage between first cousins is absolute and applies regardless of whether the birth of either cousin or their parents was legitimate or illegitimate.
2. Adoption Legal Effects
Adoption is a legal fiction created by statute that establishes parentage between the adopter and the adoptee. While adoption severs parental authority of biological parents, it does not erase or extinguish the biological blood relationship existing between the adoptee and his biological kin. Consequently, an adopted child remains bound by the statutory marriage prohibitions arising from biological consanguinity, including the absolute bar on marrying biological first cousins.
3. Void Ab Initio
A marriage celebrated between collateral blood relatives within the fourth civil degree is void ab initio from the very beginning. Such void marriages produce no legal civil effects between the parties, cannot be ratified by prescription or prolonged cohabitation, and may be declared void in judicial proceedings. The prohibition safeguards public policy, protects social order, and preserves family structures from confusion arising from incestuous unions.