Iglesias, Maria Katrinna M.

April 18, 2018

2017-0588 Persons and Family Relations (Atty. Dindo R. Cervantes)

Status of Marriages: Valid, Void, Voidable and Legal Separation

Valid Marriage Void Marriage Voidable Marriage Legal Separation

Definition
 special contract of permanent  void ab initio  valid until annulled  legal remedy available to parties
union between a man and woman  deemed never to have taken place  considered valid and produces all in a valid marriage
entered into accordance with law at all its civil effects, until set aside by  purpose: obtain a decree from
o for the establishment of final judgment of competent court court entitling him or her to
family and conjugal life  can be source of rights certain reliefs
 foundation of the family  cannot be the source of rights  separation of bed-and-board of the
 inviolable social institution spouses
o nature, consequences and o does not affect marital
incidents are governed by status – no severance of
law and not subject to vinculum
stipulation  terminable at the will of the
 XPN: marriage parties
settlements may fix o by filing manifestation in
the property relations court
during marriage within
the limits provided by
law (Art. 1)
Requisites
A. Essential Requisites (Art. 2, FC)
1. Legal capacity of the
contracting parties, who must
be a male and female
i. Age – at least 18 years
of age
ii. Sex – between male
and female
iii. Not under any
impediment
mentioned in Arts. 37-
38
1
 2. Consent freely given in the
presence of a solemnizing
officer
B. Formal Requisites (Art. 3)
1. Authority of the solemnizing
officer
2. Valid marriage license
3. Marriage ceremony
 where the contracting
parties appear before the
solemnizing officer,
with their personal
declaration that they
take each other as
husband and wife in the
presence of not less than
two witnesses of legal
age
Grounds
1. Contracted by any party below 18 1. Absence of consent to contract 1. Repeated physical violence or
years of age marriage from the parents, grossly abusive conduct
 regardless of consent given guardian or person exercising  directed against:
by parents or guardians substitute parental authority over a) petitioner
2. Solemnized by any person not one or both parties b) common child
legally authorized to perform  one or both parties is over c) child of the petitioner
marriages 18 years or but below 21 2. Physical violence or moral
 XPN: either or both parties years old pressure to compel petitioner to
believing in good faith that 2. Either party was of unsound mind change religious or political
solemnizing officer had the  XPN: such party after affiliation
legal authority to do so coming to reason, freely 3. Attempt of respondent to corrupt:
3. Solemnized without license cohabited with each other as a) petitioner
 XPN: marriages exempt husband and wife b) common child
from license requirement 3. Consent of either party was c) child of the petitioner
i. Marriages in articulo obtained by fraud  to engage in prostitution or
mortis (Arts. 27, 31  XPN: such party after full connivance in such
and 32) knowledge of the facts corruption or inducement
constituting fraud,
2
 ii. Marriages in remote cohabited with the other as 4. Final judgment sentencing
places (Art. 28) husband and wife respondent to imprisonment of
iii. Marriages between  circumstances that shall more than six years
parties cohabiting constitute fraud (Art. 46)  even if pardoned
for at least five years a) Non-disclosure of a 5. Drug addiction or habitual
and without legal previous conviction alcoholism of respondent
impediment to marry by final judgment of 6. Lesbianism or homosexuality of
each other (Art. 34) the other party of a respondent
iv. Marriages among crime involving moral 7. Contracting by respondent of a
Muslims or members turpitude subsequent bigamous marriage
of ethnic cultural b) Concealment by wife  whether in Philippines or
communities (Art. at the time of marriage abroad
33) that she was pregnant 8. Sexual infidelity or perversion
v. Marriages by man other than her 9. Attempt by respondent against
solemnized outside husband life od petitioner
the Philippines c) Concealment of 10. Abandonment of petitioner by
 marriage sexually transmissible respondent without justifiable
license is not disease cause
required by the  existing at the  for more than one year
country where time of marriage  Term “child” shall include child
it was d) Concealment of by nature or by adoption (Art. 55)
solemnized drug addiction,
4. Bigamous or polygamous habitual alcoholism,  exclusive list of grounds
marriages homosexuality or  may or may not exist at the time
 not under Art. 41- lesbianism of marriage ceremony
presumptive death of absent  existing at the o must exist only after
spouse time of marriage celebration of marriage
5. Contracted through mistake of one 4. Consent of either party was
contracting party as to the identity obtained by force, intimidation or
of the other undue influence
6. Subsequent marriages (Art. 35)  XPN: the same having
7. Marriage contracted by any party disappeared or cease, such
who was psychologically party freely cohabited with
incapacitated to comply with the other as husband and
essential marital obligations (Art. wife
36)
8. Incestuous marriages (Art. 37)

3
9. Marriages by reasons of public 5. Either party was physically
policy (Art. 38) incapable of consummating the
marriage with the other
 must exist only after the  incapacity is continuous and
celebration of marriage incurable
6. Either party was afflicted with a
sexually transmissible disease
 disease is found to be
serious and incurable (Art.
45)

 must necessarily exist at the time

of marriage
Petition filed
 Declaration of Nullity of Marriage  Annulment of Marriage  Petition for Legal Separation
Who may file
 GR: husband or wife  GR: offended spouse  innocent spouse
 XPN: any real party in interest  XPN: Art. 47
1. Nullity of marriage 1. Parents or guardians
cases commenced in case on the ground
before the effectivity of of lack of parental
A.M. No. 02-11-10 consents
(Rule on Declaration of 2. Parents or guardians
Nullity of Void in case of insane
Marriages and
Annulment of Voidable * (see next table for further details)
Marriages)
 effectivity date:
March 15, 2003
2. Marriages celebrated
during effectivity of
Civil Code
3. A party to the previous
marriage
 ground:
subsequent

4
 bigamous
marriage
Prescriptive period
 no prescriptive period (Art. 39)
How may be impugned
 directly or collaterally
Susceptibility for convalidation/ratification
 cannot be ratified
 General rule: within five years  within five years from the time of
from discovery of the ground occurrence of the cause (Art. 57)
 XPN:
1. Lifetime of spouse –  Cooling-off period
in case of insanity o an action for legal
2. Before the other party separation shall in no case
reaches 21 years old be tried before six months
has elapsed since the filing
* (see next table for further details) of the petition
- to enable contending
spouses to settle their
differences (Art. 58)
o not to hear on the merits the
validity or invalidity of the
ground for legal separation
o failure to observe – ground
to set aside decision
granting legal separation
o GR: cooling-off period is a
mandatory requirement
 XPN: if the grounds
alleged are those
under RA 9262
(Anti-Violence
Against Women and
Children Act)
 attacked through a direct action filed in court
 can be ratified  cannot be ratified
o by free cohabitation or  reconciliation efforts
prescription o Court is required to take
steps forward toward the
5
 reconciliation of the
spouses
o reconciliation is highly
improbable despite such
efforts (Art. 59)
Can be impugned after death of either spouse
 can be impugned  cannot be impugned  death of either spouse during
o can be assailed only during pendency
lifetime of the parties o causes the death of the
action itself
 death of either spouse before
entry of judgment
o court shall order the case
closed and terminated
- without prejudice to
the settlement of
estate proper
proceedings ( A.M.
02-11-11-SC)
 death of either spouse after entry
of judgment
o binding upon the parties
and their successors in
interest in the settlement of
the estate ( A.M. 02-11-11-
SC)
Marital status
 void ab initio  valid until annulled  no dissolution of marriage
o only separation of bed-and-
board
o entitled to live separately
Procedural requirements after judgment and before the issuance of decree (Art. 52)
1. Liquidation, partition, delivery of properties
 including custody and support of common children
o unless such matters had been adjudicated in previous judicial proceedings
2. Delivery of children’s presumptive legitimes

6
 3. Registration of the entry of judgment granting the petition in the Civil Registry where the marriage was
celebrated and in the Civil Registry of the place where the family court is located
4. Registration of approved partition and distribution of properties in the Registry of Deeds where the real
properties are located
Property relations (Art. 43, 50, 63 [2])
A. GR: absolute community of property or conjugal partnership of gains shall be dissolved and liquidated
 XPN: another system of property regime agreed upon in the marriage settlement
B. Offending spouse or the spouse who contracted marriage in bad faith
 has no right to any share of net profits earned by absolute community of property or conjugal partnership of
gains
C. Net profits shall be forfeited in favor of:
1. common children
2. children by guilty spouse by previous marriage
3. innocent spouse
 In case of subsequent void
marriage
o GR: rules on co-ownership
or ownership through actual
joint contribution (Arts. 147-
148)
 XPN: void marriage on the
ground of non-compliance
with Art. 40
Statues of children before termination
 GR: illegitimate  legitimate  legitimate
 XPN: those conceived or
born of declared void
marriages under:
1. Psychological
incapacity (Art. 36)
2. Art. 52
Custody of children (Art. 49, 62)
A. During pendency of the case
1. Written agreement
2. Absence of written agreement
 the court decides based on best interest of child
 may award it in the following order of preference
7
 i. Both parents jointly
ii. Either parent – may consider choice of child over seven years old
 XPN: parent chosen is unfit
iii. Surviving grandparent – if several then choice of child over seven years old
 XPN: grandparent chosen is unfit
iv. eldest brother/sister over 21
 XPN: eldest brother/sister is unfit/disqualified
v. any other person deemed suitable by court
B. After decree
 to the innocent spouse
 no child under seven years old shall be separated from the mother
 XPN: compelling reasons
Judicial declaration
 GR: no necessity to obtain  necessary to obtain judicial 
judicial declaration declaration
 XPN: for purposes of
remarriage (Art. 40)
Other effects
A. Donations propter nuptias (Donations by reason of marriage)
 GR: revocable at the instance of  GR: remain valid
the donor  XPN:
 XPN: 1. Donee contracted marriage in bad faith
1. Donation propter nuptias  donations made shall be revoked by operation of law
is embodied in a marriage 2. Both spouses to marriage acted in bad faith
settlement  donations shall be revoked by operation of law
 donation is void
under Art. 86(1)
2. Subsequent marriage is
judicially declared void
by reason of Art. 40
 donation remains
valid
 XPN to the XPN: all
donations are revoked by law,
if:
1. Donee spouse contracted
the marriage in bad faith
8
 2. Both parties to a
subsequent marriage
contracted in bad faith
(Art. 44)
B. Designation as beneficiary in insurance policy (Art. 43 [4] in relation to Art. 50)
 innocent spouse may revoke the  innocent spouse may revoke donations made by him or her
designation of other spouse who o in favor of offending spouse
acted in bad faith o as well as designation of offending spouse as beneficiary
o regardless of designation - even in revocable
be stipulated as irrevocable  action to revoke donation
o must be brought within five years from the finality of decree (Art.
64)
C. Disqualification as to inheritance (Art. 43 [5] in relation to Art. 50)
 spouse who contracted  offending spouse disqualified from inheriting from innocent spouse
subsequent marriage in bad faith o by intestate succession
shall be disqualified to inherit  provisions in favor of offending spouse made in the of innocent spouse
from innocent spouse o revoked by operation of law (Art. 63 [4])
o by testate and intestate
succession
 if both spouses of subsequent
marriage acted in bad faith
o testamentary
dispositions made by
one in favor of the
other
- revoked by
operation of
law (Art. 44)

9

Grounds
Absence of parental consent
(either party is above 18 years of
age but below 21 years of age)
Unsound mind
Consent obtained through fraud
Consent obtained through vices of
consent (force, intimidation or
undue influence)
Impotency and afflicted with
sexually transmissible disease
(STD)
Action for Annulment of Voidable Marriages (Art. 47)
Who may file
Parties to the marriage
Parent, guardian or person having
legal charge of the minor
Sane spouse who had no
knowledge of other’s insanity
Relative guardian or person having party
legal charge of the insane
Insane spouse
Injured party
Injured party
Only the potent spouse
o must not have been aware of
the other’s impotency at the
time of the marriage
When to file
Within five years after attaining 21 Contracting party who failed to
years old
Any time before such party
reached age of 21
Any time before death of either
During lucid interval or after
regaining sanity
Within five years after discovery
of fraud
Injured party
Within five years from the time
the vices of consent disappeared or
ceased
Within five years after marriage
Ratification
obtain parental consent
o through free cohabitation
after reaching age of 21
Insane spouse
o free cohabitation after insane
regains sanity
Injured party
o through free cohabitation
even with full knowledge of
the facts constituting fraud
o through free cohabitation
after vices have ceased or
disappeared
May not be ratified; action may be
barred by prescription
10
 Defenses in Legal Separation (Art. 56)

The petition for legal separation shall be denied on any of the following grounds:
1. Where the aggrieved party has condoned the offense or act complained of (Condonation);
2. Where the aggrieved party has consented to the commission of the offense or act complained of (Consent);
3. Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation (Connivance);
4. Where both parties have given ground for legal separation (Recrimination/Mutual guilt);
5. Where these is collusion between the parties to obtain the decree of legal separation (Collusion);
6. Where the action is barred by prescription

Effects of Reconciliation

A. As to the decree: (Art. 66)

1. During the pendency of the case
 legal separation proceedings must be terminated in whatever stage
2. After the issuance of the decree
 final decree of legal separation shall be set aside
B. As to the property regime (Art. 66 [2], 67)
 GR: separation of property and any forfeiture of the share of the guilty spouse already effected
o shall subsist
 XPN: spouses agree to revive their former property regime
 requirements:
1. filed with court in the same proceeding for legal separation
2. must be under oath
3. must contain a list of the properties desired to returned to the community or conjugal property and those which will be separated
4. list of creditor and their addresses

11