Dear PAO,
I want to file for the dissolution of my marriage. To be honest, I only got married because my father wanted me to marry my husband. I was 17 years old and he was 18 years old when we got married in 1997. They made it appear in my documents that I was already 19 years old then.

I tried to be a loving wife and a good daughter-in-law to his parents, but they made my life difficult. He never bothered to work. We have three children but he never considered providing support for us. He never answered for our bills, nor has he shouldered the schooling of our children. Instead, he keeps asking money from me and uses it to gamble, drink liquor and purchase drugs. He even had an affair with another woman which my parents-in-law and neighbors know about. I am now working abroad and I want my children and I to start a new life. Please advise me on what I should do. Thank you and more power.
MCS

Dear MCS,
A contract of marriage creates a permanent union between the husband and the wife. By reason of such union, they are bound to live together, observe mutual love, respect and fidelity, and render mutual help and support (Article 68, Family Code of the Philippines). Nevertheless, this union may be dissolved by either of the parties if there is an absence of any of the essential or formal requisites to a valid marriage (Article 4, id). The minority of one or both of the parties is one of the valid bases to dissolve a marriage. As provided for under Article 35, id: “The following marriages shall be void from the beginning: (1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians; x x x”

In the situation that you have shared with us, we believe that you may file your petition for declaration of nullity of your marriage before the Regional Trial Court of the place where you or your husband resides. You may base your petition on account of your minority because, as you have stated, you were only 17 years old at the time your marriage was celebrated. This holds true even if your father has given his consent to your marriage.

You may also base your petition on Article 36 of the Family Code of the Philippines. As you have mentioned in your letter, your husband has continuously failed to provide support for you and your family. He neglected your basic needs and has involved himself in several vices. He has also been unfaithful to you. Article 36, id, provides that: “A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.” However, it bears stressing that it is essential for you to substantiate that the actions as well as the neglect of your husband amount to psychological incapacity which is grave and incurable. Such must also be clinically proven and identified by medical experts.

We hope that we were able to answer your queries. Please be reminded that 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.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to This email address is being protected from spambots. You need JavaScript enabled to view it.