Does the presence/absence of love affects the validity of Marriage?

 

Is LOVE an essential requisite of a valid Marriage?

Article 1 of the Family Code states that the purpose of contracting marriage is to establish conjugal and family life. On the other had, Article 2 and 3, respectively provides the essential and formal requisites of marriage to be valid. Absence of any of those mentioned in the said articles shall render the marriage void ab initio except as stated in Article 35 (2) of the Family Code. However there was no mention in the aforementioned articles that the man and woman shall only enter marriage because of love.

Thus, in the case of Republic v. Albios, the Supreme Court answered the question whether the marriage contracted for the sole purpose of acquiring American Citizenship in consideration of $2,000.00 is void ab initio on the ground of lack of consent. After a thorough review of the existing and prevailing law, the Supreme Court held that consent was not lacking. As a matter of fact, there was consent between the parties because it was neither vitiated nor rendered defective by any vice of consent. They consciously and intelligently given their consent as they understood the nature as well as the beneficial and inconvenient consequences of their marriage, as nothing impaired their ability to do so. The Court aptly observed that the consent was given freely by the conscious purpose of acquiring American Citizenship through marriage. As for the Court, this plainly demonstrates that the parties willingly and deliberately contracted the marriage. Moreover, there was a full and complete understanding of the legal tie that would be created between them considering it was that legal tie which was necessary to accomplish their goal.

The Supreme Court points out that while the avowed purpose of marriage is for the couple to established a conjugal and family life, the possibility that the parties in a marriage might have no real intention to establish a life together is insufficient to nullify a marriage which was freely entered into in accordance with law. It must be noted that a marriage may only be declared void or voidable under the grounds provided by law and there is no law that declares a marriage void when it is entered into for purposes other that what the Constitution or law states, such as the acquisition of foreign citizenship. Hence, so long as all the essential and formal requisites prescribed by law and that it is not void or voidable under the grounds provided by law, it is valid.

On a final note, although love is the ideal consideration in a marriage contract, it is not the only valid cause for marriage. Thus, marriages entered into for other purpose or consideration not precluded by law may validly support a marriage provided that there was compliance with all the legal requisites.

CASE: Republic v. Albios; G.R. No.198780; 16 October 2013; Mendoza, J.