Void marriage - no community property

After decree - no entitlement of support

spouses with numerous children can ask for support for their common children

if the marriage is dissolved the spouse cannot claim for support for themselves and only for their common
children in the dissolved marriage

the recording in the local civil registry (to bind the third persons) of the judgment of the annulment or the
declaration of nullity
the partition of the properties

2015 case:

Nobleza vs
GR NO.139038
March 11, 2015

Legal Separation
allows spouse to live outside the house
excuse of marital obligation
no change in marital status
still married

Grounds - may or may not exist on the time of the marriage

exclusive
the innocent spouse must file a case within 5 years
cannot file a case after 5 years because there is condonation
if he becomes a drug addict again after you forgave him, you can still file a case against him

(8) Sexual infidelity or perversion

Sexual infidelity
having sexual relationship with another person
if it happens once, there is already a sexual infidelity because there is clear BETRAYAL of TRUST (beeh
trust issues)
not just adultery or concubinage
there has to be SEX

Perversion
this includes engaging in a behaviour not only with third person but with the spouse
Example: having sex with dead people, pedophilia, having sex with animals
outside of the normal contemplation of basin human behavior
things that are not within the realm of
norms of perversion is in 1980s
when do you know when something is perversion or not? - has to disturb someone else and be based
in current norms. _what may be shocking now may not be shocking in years after
basically it is FETISH; fetishes are not normal, perverted and lewd
there should no
sexual habit that is abnormal (I think)

the fact that you engage in sexual infidelity, there is already perversion? Not being content with having sex
with your spouse?
(5) drug addicition or habitual alcoholism of the respondent
need not be concealed
need not be existed on the time of marriage

(6) Lesbianism or homosexuality of the respondent

(1) repeated physical violence or grossly abusive conduct directed against the*
a. petitioner
b. its common child
c. or a child of the petitioner

do not include abusers children

grossly abusive conduct

verbally abuse the spouse
threshold; frequency of the act which cause unhappiness of the spouse
not just a ground for legal separation under family law but also in _RA9262 - no cooling o period
cooling of period - 6 months (nothing shall happen before the lapse of the cooling period. EXCEPT IN
VAWC)
Purpose? Spouses will be given time to reconcile

(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to
engage in prostitution or connivance in such corruption or inducement

inducement - influencing someone to do such act // persuade them by money or by words // attempt to
corrupt. MERE ATTEMPT is enough
connivance - concurrence between the petition and the child

(10) abandonment of petitioner by respondent without justifiable cause for more than 1 year
intention of the spouse to leave the abode without justifiable cause in leaving without intent of returning
no justifiable cause
if there is a reason for the disappearance, it is not unjustifiable e.g. being kidnapped
it shall continue for more than 1 year
after 3 months . . .

(2) Physical violence or moral pressure to compel the petitioner to change religious or political aliation
dierent from repeated physical violence
must be to compel the change of religious or politcal aliation
violation of the bill of rights

(4)
inprisonment must be more than 6 years
shall apply (legal separation) even if the guilty spouse has been pardoned by the presiden

(9)
must be with malice or intent
not just mere negligence
conviction is not necessary
JUST THE ATTEMPT

when does the court deny?

condonation
forgiving for the act committed by the other spouse
attempt to save the marriage, courts will look into the nature of you staying in the house

happens before
 happens before
if you are f

consent
if you knew that your husband is into pervesion and you participated, there is consent
implied and expressed
happens after
regardless of whether the agreement of the spouse is against public law or morals, it doesnt matter

connivance
corrupt consenting
if you induced that your husband will be caught, there is actually intent on the other party

mutual guilt
both are at fault
nangabit ang isa, nangabit sad ang isa
drug addict ang isa, ang isa habitual drinker
etc etc

collusion
when there is a corrupt agreement in the procurement of the legal separation
idea: protect marriage

prescription
you do not do anything after 5 years, you are no longer

death of either party

will end the case if it is still in process

reconciliation or failure to observe cooling o period

take note of the prescription of the legal periods - for occurence

art 59 - makes it imperative that the courts wants the spouses to reconcile
save the marriage as much as possible

possible for couples to leave each other?

YES
nothing prevent the couples from leaving separately and getting back together
you can partition your property but anyone of the spouses can challenge that

COUPLES DECIDE - other people cannot file for legal separation of other people. _they cannot challenge
that

One case where the husband and the wife bought the property when they were still single, combined their
money and listed in the guys name. when they decided to break it o, the husband tried to sell that party.
the woman tried to tell all the other buyers that its hers.

cases related to legal separation ^ about to the grounds and what happens to the property after legal
separation

RIGHTS AND OBLIGATION OF HUSBAND AND WIFE

live together including fixing the domicile and staying in the conjugal home
- under this, are: support, management of household.

spouses can exercise a profession they want without the consent of the spouse as long as it is a
 spouses can exercise a profession they want without the consent of the spouse as long as it is a
LEGITIMATE PROFESSION
discussed after the midterms