San Beda College of Law

Persons and Family Relations

Termination
(Art.41)

Declaration Of Nullity
(Art. 40)

Annulment
(Art. 45)

Legal Separation (Art.

55)

Valid until annulled or

terminated

No
dissolution
of
marriage,
only
separation of bed-andboard; entitled to live
separately

Marital Status
Subsequent
marriage
automatically terminated
by
affidavit
of
reappearance

Previous marriage, void ab

initio

Status of Children Born/Conceived Before Termination

Legitimate

Illegitimate except those as Legitimate

Legitimate
provided in Art. 36 and 53
Custody of Children
Custody in case of During Pendency:
dispute shall be decided 1. Written Agreement
by the court in separate 2. Absence thereof, court decides based on best interest of child and may award
proceedings for custody
it in the following order of preference:
but same considerations
a. Both parents jointly
as in Declaration of Nullity
b. Either parent, may consider choice of child over 7 years unless parent
chosen is unfit
c. Surviving grandparent, if several then choice of child over 7 years unless
grandparent chosen is unfit/ disqualified
d. Eldest brother/sister over 21unless unfit/ disqualified
e. Any other person deemed by court who is suitable
After Decree:
To the innocent spouse but no child under 7 shall be separated from the mother
unless there are compelling reasons
Child Support
Support in case of dispute During pendency:
shall be decided by the 1. Written agreement
court
in
separate 2. In the absence thereof, from properties of the absolute community of property
proceedings for custody
(ACP) or conjugal partnership (CP)
but same considerations After Decree:
as in Declaration of Nullity Either parent/ both may be ordered by court to give an amount necessary for
support in proportion to resources/means of giver and necessities of recipient
Spousal Support
During pendency:
1. Written agreement
2. In the absence thereof, from properties of the ACP or CP, considered as
advance to be deducted from share during liquidation
3. Restitution if after final judgment court finds that persons providing support
pendent lite is not liable therefor (Sec. 7, Rule 61, ROC)
Property Relations
1. ACP or CP shall be dissolved and liquidated
1. ACP or CP shall be
2. If either spouse contracted marriage in bad faith, he or she has no right to any
dissolved
and
share of net profits earned by ACP or CP
liquidated.
3. Net profits shall be forfeited in favor of common children, or if none, children of 2. Offending
spouse
guilty spouse by previous marriage, or in default thereof, the innocent spouse
has no right to any
4. In all other cases of void marriage, Art. 147 and 148 applies (Valdes vs. RTC)
share of net profits
earned by ACP or
In addition, for marriages under Art. 40 and 45:
CP
1. All creditors of spouses and of the ACP or CP shall be notified of the 3. Net profits shall be
proceedings for liquidation
forfeited in favor of
2. Conjugal dwelling and lot on which it is situated shall be adjudicated pursuant to
common children, or
Art. 102 and 129
if none, children of
guilty spouse by
previous marriage,
or in default thereof,
the innocent spouse
Presumptive Legitime
1. Delivery of presumptive legitime of all common
children computed as of date of final judgment
without prejudice to ultimate successional rights of
children accruing upon death of either or both
parents

20

San Beda College of Law

2010 Centralized Bar Operations
2.

Shall be considered as advances on common

childrens legitime (Art. 51)
Donation Propter Nuptias
1. Shall remain valid, 1. Shall
remain
valid, 1. Shall remain valid,
unless
donee
unless
donee
unless
donee
contracted marriage
contracted marriage in
contracted marriage
in bad faith, in which
bad faith, in which case,
in bad faith, in
case, donation to
donation to said donee
which
case,
said donee shall be
shall be revoked by
donation to said
revoked by operation
operation of law.
donee shall be
of law.
2. If both spouses of
revoked
by
2. If both spouses of
subsequent
marriage
operation of law.
(Art. 43(3))
subsequent marriage
acted in bad faith,
acted in bad faith,
donations
propter 2. No conflict with Art.
86(2) as such does
donations
propter
nuptias made by one in
nuptias made by one
favor of the other are
not require that
in favor of the other
revoked by operation of
marriage
be
law (Art. 44)
are
revoked
by
annulled first before
operation of law
3. If both spouses in good
donor may revoke
faith, donor after finality
donation donor
of decree may revoke
has 5 years from
pursuant to Art. 86(1)
time
he
had
4. If
marriage
not
knowledge of lack
celebrated:
of consent; cannot
a. Those stipulated in
revoke
if
had
marriage settlement
knowledge thereof
are void (Art. 81)
before the marriage
(Sta.
Maria,
b. Those
excluded
Melencio Jr. S,
from
marriage
Persons and Family
settlement or if no
Relations
Law,
such contract, may
fourth
Edition,
be
revoked
by
donor (Art. 86(1))
2004)
3. Conflict with Art.
86(3) but Art. 43(3)
prevails more in
harmony
with
general
purpose/intent
of
act (Ibid.)
Insurance Policy
Innocent spouse may revoke designation of spouse in bad faith as beneficiary even if
stipulated as irrevocable (Art. 43(4))

1.

2.

Donor
is
given
option to revoke or
not, if donor decides
to revoke, must do
so within 5 years
from
finality
of
decree
But if ground for
legal separation is
sexual
infidelity
(adultery
or
concubinage),
donation
between
persons
guilty
thereof at time of
donation is void (Art.
739(1)NCC)

Innocent spouse may

revoke donations made
by him or her in favor of
offending spouse as well
as designation of latter
as beneficiary even if
stipulated as irrevocable
(Art. 64). Action to
revoke donation must be
brought within 5 years
from finality of decree

Succession
1.
2.

Spouse in bad faith disqualified to inherit from innocent spouse by testate or

intestate succession
If both spouses of subsequent marriage acted in bad faith, testamentary
dispositions made by one in favor of the other are revoked by operation of law
(Art. 44)

1.

2.

21

Offending
spouse
disqualified
from
inheriting
from
innocent spouse by
intestate succession
Provisions in favor
of offending spouse
made in the will of
innocent spouse are
revoked
by
operation of law
(Art. 63(4))

San Beda College of Law

Persons and Family Relations

22