Void Marriages Arts 35 to 38 of FC
45 of FC
1. Can be attacked collaterally
2. May be questioned even after death of one of
the parties
3.Cannot be ratified or confirmed
4. Validity may be assailed by any one if the
question becomes material
5. The action to declare its nullity of a void
marriage does not prescribe
As to effects:
Its as if no marriage had ever been performed
Property Relation
No absolute partnership, conjugal partnership or
community property is formed
between parties to such marriage
Rules on co-ownership will govern
As to children: Legitimate
Voidable Marriages Arts.
1. Can be attacked only in a direct proceeding for annulment
2. Can no longer be attacked after one of the parties is dead,
in which case the parties and the offsprings, will be left as
if the marriage had been perfectly valid.
3. Generally made perfectly valid by ratification or
confirmation
4. Can be generally attacked only by a party to it
5. The action to set aside voidable marriage prescribes
As effects:
Valid and produces all its civil effects, until it is set aside by
judgement or contempt of court in an action for annulment.
Property relation
If both spouses acted on good faith, each shall share equally
in the same manner as in a valid marriage. But if one of the
parties acted in bad faith, he lost his share in such properties,
except when the conjugal property came mostly or entirely
from his work or industry.
As to children: Legitimate