Key legal question
Whether extramarital intercourse between a fiancée and the son of the other intended spouse creates an affinity impediment to marriage under Art. 28 No. 2 of the Civil Status and Marriage Act.
Extracted holding
No. The affinity that bars marriage is only the relationship founded by marriage between one spouse and the blood relatives of the other; illicit intercourse alone does not create the impediment.
Extracted reasoning
The wording of Art. 28 No. 2 lit. b shows that the impediment concerns relations such as parent-in-law/child-in-law and stepparent/stepchild, which arise only through marriage. A broader reading would lead to consequences the statute does not indicate, including post-marital annulment based on extramarital conduct. The legislature expressly added a clause for blood relationship regardless of legitimate or illegitimate descent, but made no comparable addition for affinity.