Civil Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

ANNEX A
EFFECTS OF TERMINATION OF MARRIAGE
Grounds for annulment
Lack of parental consent

Insanity of one party

Who can file

Prescriptive period

a. Party under age

a. Within 5 years after

attaining 21

b. Parent or guardian

b. Before child reaches 21

Sane spouse

2 views:

Ratification
Free cohabitation after reaching 21

Free cohabitation after insane regains sanity

Sempio-Diy:
Before death of other party
Dean Del Castillo:
Within 5 years from the time the
right or action accrues

Fraud
Vitiated consent

Guardian of insane
spouse

Anytime before the death of

either party

Insane spouse

During the lucid interval or after

regaining sanity also before
death of other party

Injured Party

Within 5 years after discovery

of Fraud

Free cohabitation even with full knowledge of

facts constituting the fraud

Injured Party

Within 5 years from time force,

intimidations or undue influence
disappeared or ceased

Free cohabitation after the cause disappeared

or ceased

Injured Party

Within Five Years after the

marriage ceremony

No ratification since defect is permanent.

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Incapability to Consummate/
Sexually transmissible disease

Civil Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

ANNEX B
EFFECTS OF VOIDABLE BIGAMOUS MARRIAGE, DECLARATION OF NULLITY, AND ANNULMENT

Status of
children
Property
Relations

Donations
Propter
Nuptias

Insurance

Succession

VOIDABLE BIGAMOUS MARRIAGE (ART 41)

Children of subsequent marriage conceived before its termination
legitimate

DECLARATION OF NULLITY
Illegitimate except Art.
36 and Art. 53

ACP/CPG shall be liquidated. Spouse who contracted the marriage in

bad faith, his/her share in the net profits of community property shall be
forfeited in favor of common children or if there are none, children of the
guilty spouse by previous marriage or in default, the innocent spouse
Shall remain VALID except
a.
If donee contracted the marriage in bad faith, donations propter
nuptias made to the donee are revoked by operation of law.
b.
If both spouses acted in bad faith, donations propter nuptias
made by one in favor of the other are revoked by operation of law.
If one spouse acted in bad faith, innocent spouse may revoke his
designation as beneficiary in the insurance policy even if such
designation be stipulated irrevocable
If one spouse contracted the marriage in bad faith, he shall be
disqualified to inherit from the innocent spouse both testate and
intestate

Same

ANNULMENT
Children conceived or born
before annulment decree
legitimate
Same

Same

Same

Same

Same

Same

Same

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Civil Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

ANNEX C

As to nature
As to susceptibility to
ratification
As to effect on property
As to effect on children

As to how marriage may

be impugned

DISTINCTION BETWEEN VOID AND VOIDABLE MARRIAGE

VOID
VOIDABLE
Inexistent from the time of performance
Valid until annulled
Cannot be ratified
Can be ratified either by free cohabitation or prescription
No community property, only co-ownership (Art
147)
Children are illegitimate
Exceptions:
a.
In case of psycho incapacity (Art 36)
b.
Children born of subsequent marriage (Art 53)
a.
May be attacked directly or collaterally but for
purpose of remarriage, there must be judicial
declaration of nullity.
b.
Can still be impugned even after death of parties
c.
Action for nullity does not prescribe

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Absolute community exists unless another system is

agreed upon in marriage settlement
Children are legitimate if conceived before decree of
annulment

a. Cannot be attacked collaterally, only directly, i.e. there

must be a decree of annulment
b. Can no longer be impugned after death of one of the
parties
c. Action prescribes

Civil Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007
ANNEX D
STAGES

Provisional
Absence

Declaration
of Absence

Presumption
of death

WHEN TO FILE

No statutory period

without administrator
- 2 years from time of
disappearance
with administrator
- 5 years from time of
disappearance

WHO
MAY FILE

REMEDY

Spouse

a. receivership (Art. 12, FC)

b. judicial separation of property (Art. 12, FC)
c. authority to be sole administrator of the
conjugal partnership (Art . 12, FC)

a. the spouse
b. voluntary heirs
c. intestate heirs
d. those who may
have over the
property of the
absentee some
right
subordinated to
the condition of
the absentee's
death

Declaration of Absence and Appointment of

Administrator (spouse shall be preferred) but
only under the following cases:
a. when the absentee has properties which
have to be taken cared of or administered
by a representative appointed by the Court
(Art. 384, NCC)
b. when the spouse of the absentee is asking
for separation of property (Art. 135, FC)
c. when the spouse of the absentee is asking
the Court that the administration of all
classes in the marriage be transferred to her
(Art .142, FC)

ORDINARY ABSENCE
4 years person
presumed dead for
purposes of remarriage
of the spouse present
7 years presumed
dead for all purposes
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10 years person
presumed dead for
Spouse
purposes of succession
EXCEPT if he disappeared
after the age of 75, in which
case, a period of 5 years
EXTRAORDINARY
ABSENCE
4 years for all
purposes including those
of opening succession
2 years for purposes
of remarriage)

Action to declare a person presumptively dead is

proper only when the spouse of the absentee
wants to remarry