Article 37 of the Family Code: Incestuous marriages
Status: In force
What does Article 37 say?
Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood.
What does it mean in plain language?
Article 37 says two kinds of marriage are incestuous and void from the beginning. The first is a marriage between ascendants and descendants of any degree: a parent and a child, a grandparent and a grandchild, and so on down the line. The second is a marriage between brothers and sisters, whether they share both parents (full blood) or only one parent (half blood). It does not matter whether the family relationship is legitimate or illegitimate.
These marriages can never become valid. Consent, a license and a proper ceremony do not help. Article 5 allows anyone aged 18 or over to marry only if he or she is "not under any of the impediments mentioned in Articles 37 and 38".
How does it work in real life?
Lara and Paolo: same father, different mothers
Lara and Paolo grew up in different towns. As adults they met, fell in love and married. Later, they learned that they have the same father. They are half-siblings. Under Article 37(2), their marriage is void from the beginning, even though neither of them knew. Article 37 has no good-faith exception.
Nestor and Ella: an illegitimate daughter
Ella is Nestor's daughter, born outside marriage. Article 37 still applies, because it covers relationships that are "legitimate or illegitimate". A marriage between them would be void.
Carlo and Bea: first cousins
Carlo and Bea are first cousins: their mothers are sisters. Article 37 does not cover them. Their marriage is void under Article 38(1) instead, because first cousins are related in the fourth civil degree.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- An incestuous marriage is void, but a court must still declare it void before either party may remarry (Article 40).
- There is no deadline to file the case (Article 39).
- An incestuous marriage celebrated abroad is not valid in the Philippines, even if it was valid in that country (Article 26).
- For the other void marriages, see Article 35 and Article 38, or the overview of void marriages.
Who cannot marry each other under Article 37?
- Direct line, any degree. A father and his daughter, a mother and her son, a grandparent and a grandchild, a great-grandparent and a great-grandchild.
- Brothers and sisters. Full blood (same father and same mother) or half blood (only one parent in common).
- Legitimate or illegitimate. A father and his illegitimate daughter are covered. So are half-siblings born to the same father from different relationships.
The Civil Code explains what "direct line" means. A direct line is the series of degrees among ascendants and descendants; a collateral line is among people who come from a common ancestor but do not descend from one another (Civil Code Article 964).
In the collateral line, ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. Thus, a person is two degrees removed from his brother, three from his uncle, who is the brother of his father, four from his first cousin, and so forth.
What about uncles, aunts and cousins?
They are not in Article 37. An uncle and a niece are three degrees apart, and first cousins are four degrees apart, in the collateral line. Those marriages are void under a different rule: Article 38(1), which covers collateral blood relatives up to the fourth civil degree, for reasons of public policy. The result is the same: the marriage is void from the beginning.
Frequently asked questions
Can half-siblings marry in the Philippines?
No. Article 37 says a marriage between brothers and sisters is incestuous and void from the beginning, whether they are of the full or the half blood. Sharing only one parent is enough.
Does it matter if the child was illegitimate?
No. Article 37 applies whether the relationship between the parties is legitimate or illegitimate. A father cannot validly marry his illegitimate daughter, and half-siblings from different relationships cannot marry each other.
Are first cousins covered by Article 37?
No. Article 37 covers only the direct line (parents, grandparents, children, grandchildren and so on) and brothers and sisters. First cousins fall under Article 38(1), which makes marriages between collateral blood relatives up to the fourth civil degree void for reasons of public policy.
Is an incestuous marriage done abroad valid here?
No. Article 26 says marriages valid where they were celebrated are valid in the Philippines, except those prohibited under certain articles, including Article 37.
Is there a deadline to have an incestuous marriage declared void?
No. Article 39 says the action or defense for the declaration of absolute nullity of a marriage does not prescribe.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?