Declaration of Nullity of Marriage Annulment of Marriage Legal Separation

1. contracted by any party below 18 years of age

2. solemnized by any person NOT legally authorized to perform
marriages, UNLESS such marriage was contracted with either or both
parties believing in good faith that the solemnizing officer had the legal
authority to do so
3. solemnized without a license, EXCEPT those covered by Title I,
Chapter 2 of the Family Code
4. bigamous or polygamous marriages NOT falling under Article 41
5. contracted through mistake of one contracting party as to the identity
of the other
6. subsequent marriages where the judgment of annulment or of
absolute nullity of marriage, the partition and distribution of the
properties of the spouses, and the delivery of the children’s
presumptive legitimes were NOT recorded in the appropriate civil
registry and registries of property
7. marriage contracted by any party who, at the time of the celebration,
was psychologically incapacitated to comply with the essential marital
obligations of marriage
8. incestuous marriages:
a. between ascendants and descendants of any degree
b. between brothers and sisters, whether of the full or half blood
Grounds 9. marriages between the following, which are void by reason of public
policy:
a. collateral blood relatives, whether legitimate or illegitimate, up
to the 4th civil degree
b. step-parents and step-children
c. parents-in-law and children-in-law
d. adopting parent and the adopted child
e. surviving spouse of the adopting parent and the adopted
child
f. surviving spouse of the adopted child and the adopter
g. adopted child and a legitimate child of the adopter
h. adopted children of the same adopter
i. parties where one, with the intention to marry the other, killed
that other person’s spouse or his or her own spouse
10. marriage contracted by any person during the subsistence of a
previous marriage, UNLESS before the celebration of the subsequent
marriage, the prior spouse had been judicially declared absent and that
the present spouse had a well-founded belief that the absent spouse
was already dead
11. both spouses of the subsequent marriage acted in bad faith
1. one of the parties was, at the time of the
celebration of the marriage, was above 18 but
below 21 years of age, and it was solemnized
without the consent of his/her parents, guardian,
or person having substitute parental authority over
him/her
2. either party was of unsound mind
3. consent of either party was obtained by fraud
4. consent of either party was obtained by force,
intimidation, or undue influence
5. either party was physically incapable of
consummating the marriage with the other, and
such incapacity continues and appears to be
incurable
6. either party was afflicted with a sexually
transmissible disease found to be serious and
appears to be incurable
CODE: CUFIPS
1. lesbianism or homosexuality of the respondent
2. attempt by the respondent against the life of the
petitioner
3. subsequent bigamous marriage, whether in the
Philippines or abroad
4. drug addiction or habitual alcoholism of
respondent
5. 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
6. sexual infidelity or perversion
7. abandonment of petitioner by respondent
without justifiable cause for more than 1 year
8. physical violence or moral pressure to compel
the petitioner to change religious or political
affiliation
9. final judgment sentencing the respondent to
imprisonment of more than 6 years, even if
pardoned
10. repeated physical violence or grossly abusive
conduct directed against the petitioner, a common
child, or a child of the petitioner
CODE: LAB DISAPIR

CODE: BALPIR PIPAB

TAN, JOSE LORENZO CRUZ 1

Who May File
anyone who is directly affected either spouse either spouse
Petition
1. marriage is valid until annulled
2. children conceived OR born before the decree
1. marriage is deemed never to have existed
of annulment shall be considered legitimate 1. after the filing of the petition, the spouses shall
2. children are considered illegitimate, EXCEPT those conceived or
3. spouses may remarry, provided that final be entitled to live separately from each other
born out of marriages void due to psychological incapacity or failure to
judgment has been obtained from the court and 2. marriage bonds shall NOT be severed
record certain documents under Article 52
there is compliance with Article 52 3. absolute community or the conjugal partnership
4. absolute community or the conjugal partnership shall be dissolved and liquidated but the offending
NOTE: children of the subsequent marriage (in relation to ground no. 9)
shall be dissolved and liquidated but the offending spouse shall have NO right to any share of the net
conceived prior to its termination shall be considered legitimate
spouse shall have NO right to any share of the net profits
profits, said shares to be forfeited to: 4. custody of the minor children shall be awarded
3. spouses may remarry, provided that final judgment has been
a. common children; to the innocent spouse
obtained from the court and there is compliance with Article 52
b. children of the guilty spouse by a 5. offending spouse shall be disqualified from
4. absolute community or the conjugal partnership shall be dissolved
previous marriage, if any; or inheriting from the innocent spouse by intestate
and liquidated but the offending spouse shall have NO right to any
c. innocent spouse succession
share of the net profits, said shares to be forfeited to:
Effects 5. donations propter nuptias shall remain valid, 6. provisions in favor of the offending spouse
a. common children;
EXCEPT: made in the will of the innocent spouse shall be
b. children of the guilty spouse by a previous marriage, if any; or
a. if donee contracted the marriage in bad revoked by operation of law
c. innocent spouse
faith, such donations made to said done 7. after the finality of the decree of legal
5. donations propter nuptias shall remain valid, EXCEPT:
shall be revoked by operation of law separation, the innocent spouse may revoke:
a. if donee contracted the marriage in bad faith, such donations
b. if both spouses acted in bad faith, all a. donations made by him/her in favor of the
made to said done shall be revoked by operation of law
donations propter nuptias shall be revoked offending spouse
b. if both spouses acted in bad faith, all donations propter
by operation of law b. designation of the offending spouse as the
nuptias shall be revoked by operation of law
6. innocent spouse may revoke the designation of beneficiary in any insurance policy, even if
6. innocent spouse may revoke the designation of the offending spouse
the offending spouse as the beneficiary in any such designation be stipulated as irrevocable
as the beneficiary in any insurance policy, even if such designation be
insurance policy, even if such designation be 8. alienations, liens and encumbrances registered
stipulated as irrevocable
stipulated as irrevocable in good faith before the recording of the complaint
7. offending spouse shall be disqualified from inheriting from the
7. offending spouse shall be disqualified from for revocation shall be respected
innocent spouse by testate and intestate succession
inheriting from the innocent spouse by testate and
intestate succession
Prescriptive within 5 years (reckoning point depends on the within 5 years from the time of the occurrence of
does NOT prescribe
Period grounds) the cause

TAN, JOSE LORENZO CRUZ 2