VOID MARRIAGES VOIDABLE MARRIAGES LEGAL SEPARATION

1. Absence of any of 1. Marriage of a party 1. Repeated physical

the essential or 18 years of age or violence or grossly
formal requisites of over but below 21 abusive conduct
marriage solemnized without against petitioner,
the consent of the common child, child
2. Marriages parents, guardian of petitioner
contracted by any or person having
party below 18 substitute parental 2. Attempt to corrupt
years of age even authority over the or induce petitioner,
with the consent of party, in that order common child, child
parents or of petitioner to
guardians 2. Either party was of engage in
unsound mind prostitution, or
3. Solemnized without connivance in such
license, except 3. Consent of either corruption or
those marriages party was obtained inducement
that are exempt by FRAUD:
from the license 3. Attempt by
requirement a. Non-disclosure of respondent against
conviction by final life of petitioner
4. Solemnized by any judgment of crime
person not involving moral 4. Final judgment
authorized to turpitude sentencing
perform marriages respondent to
unless such b. Concealment of imprisonment for
marriages were the fact that at more than 6 years,
contracted with the time of even if pardoned
either or both marriage, wife was
parties believing in pregnant by a 5. Drug addiction or
good faith that the man other the her habitual alcoholism
solemnized officer husband
had the legal 6. Physical violence or
authority to do so c. Concealment of moral pressure to
STD, regardless of compel petitioner to
5. Contracted through nature, existing at change religious or
mistake of one of the time of political affliction
the contracting marriage
parties as to the 7. Bigamous marriage
identity of the other d. Concealment of subsequently
drug addiction, contracted by
6. Bigamous or habitual respondent in the
polygamous alcoholism, Ph or abroad
marriages homosexuality
and lesbianism 8. Sexual infidelity or
7. Subsequent perversion
marriages which are 4. Vices of consent
void under Art. 53 such as force, 9. Lesbianism or
intimidation or homosexuality
8. Marriages undue influence
contracted by any 10. Abandonment of
party, who at the 5. Impotence petitioner by
time of the respondent without
celebration of the 6. STD (serious and justifiable cause for
marriage, was incurrable more than 1 year
 Psychologically
incapacitated

9. Incestuous
marriages

10. Marriages declared

void because they
are contrary to
public policy
 BASIS VOID MARRIAGES VOIDABLE MARRIAGES
Status Void ab initio Valid until annulled
Petition filed Declaration of Nullity of Marriage Annulment of marriage
Who may file GR: Solely by the husband or wife GR: Offended spouse

XPN: Any party in interest only in XPN:

the following cases: 1. Parents or guardians in cases
1. Nullity of marriage cases of insanity
commenced before the 2. Parents or guardians before
effectivity of AM No. 02-11-10 the party reaches 21 years
(MARCH 15, 2003) old on the ground of lack of
2. Marriages celebrated during parental authority
the effectivity of the Civil
Code
3. A party to the previous
marriage may seek the nullity
of the subsequent marriage
on the ground that the
subsequent marriage is
bigamous
Prescriptive No prescriptive period GR: within 5 years from discovery of
period the ground

XPN:
1. Lifetime of the spouse in
case of insanity
2. Before the party reaches 21
in case where parents or
guardians may file
annulment on the ground of
lack of parental authority
How to Either directly or collaterally Judicial declaration is necessary to
impugn impugned
Effect on GR: Illegitimate Remain Legitimate
children
XPN: Remains legitimate when
marriage is declared void under:
1. Art 36 (Psychological
incapacity)
2. Art 52 in relation to Art. 53
(Failure of partition and
delivery of presumptive
legitimes)
Judicial GR: There is no necessity to obtain a Necessary
declaration judicial declaration

XPN: For purposes of remarriage, it

is required
 EFFECTS
GROUND EFFECTS OF NULLITY EFFECTS DECREE OF LEGAL SEPARATION
ANNULMENT
Marriage Marriage bonds are severed Spouses are entitled to
live separately but the
marriage bond is not
severed
Status of GR: Illegitimate Remain legitimate Remain legitimate
children
XPN: Remains
legitimate when
marriage is declared
void under:
1. Art 36
(Psychological
incapacity)
Art 52 in relation to Art.
53 (Failure of partition
and delivery of
presumptive legitimes)
Property GR: Rules on co- Regime is terminated or ACP/CPG shall be
relations ownership shall apply dissolved and the same dissolved and
(147 or 148) shall be liquidated in liquidated. The share of
accordance with Art the offending spouse in
XPN: If the subsequent 102 and 129. the net profits shall be
marriage is void due to forfeited in favor of:
non-compliance with 1. Common
Article 40, the property children
relations of the void 2. In default of the
subsequent marriage CC, children of
will either be absolute the guilty
community or spouse by a
conjugal partnership previous
of gains marriage
3. In default,
innocent spouse
Donations GR: Donations propter GR: Donations shall DONATIONS:
propter nuptias are revocable at remain valid
nuptias the instance of the Innocent spouse may
donor XPN: If the done spouse revoke donations
acted in bad faith, the he/she made in favor of
XPN: donor may revoke the the offending spouse
1. If the donation donation
propter nuptias
is embodied in a
marriage
settlement, the
donation is void
2. If the
subsequent
marriage is
judicially
declared void by
reason of Art.
 40, the donation
remains valid

XPN to XPN:
If the done
spouse
contracted the
marriage in bad
faith, all
donations are
revoked by
operation of law

3. When both
parties to a
subsequent
marriage
contracted in
bad faith under
Art 44, all
donations are
revoked by
operation of law
Designation If the marriage is The innocent spouse The innocent spouse
as beneficiary judicially declared void may revoke the may revoke the
by reason of Article 40, designation of the other designation of the other
the innocent spouse spouse who acted in spouse who acted in
may revoke such bad faith as beneficiary bad faith as beneficiary
donation if the in the insurance policy in the insurance policy
beneficiary spouse whether or not the whether or not the
acted in bad faith, even designation is designation is
if such designation be irrevocable irrevocable
stipulated as
irrevocable
Right to Intestate succession: The spouse who Offending spouse is
inherit The parties cannot contracted the marriage disqualified to inherit
inherit from each other in bad faith shall be from innocent spouse
disqualified to inherit by intestate succession
Testate succession: from the innocent
GR: testamentary spouse by testate and Provisions in the will of
provisions shall remain intestate succession the innocent spouse
valid which favors offending
spouse shall be revoked
XPN: by operation of law
1. If the
subsequent
marriage is
rendered void by
non-compliance
with Art. 40, the
spouse who
contracted the
subsequent
marriage in bad
faith is
 disqualified to
inherit from the
innocent spouse
2. If the marriage
is void by
reason of the
bad faith of both
parties under
Art. 41, all
testamentary
dispositions are
revoked by
operation of law
Parental GR: Since the children Custody of minor
authority and are considered as children is awarded to
custody illegitimate, the the innocent spouse
parental authority and
custody will be
exercised by their
mother

XPN: If the marriage is

declared void by the
reason of PI, parental
authority and the
custody will be
exercised by the parent
designated by the court
 GROUND RATIFICATION WHO MAY FILE WHEN TO FILE
18-21 solemnized Contacting party who By the contacting Within 5 years after
marriage without failed to obtain party attaining the age of
parental consent parental consent: 21
Through free
cohabitation after
attaining the age of Parent, guardian, or At the time before
21 person having legal such party has
charge of the reached the age of
contracting party 21
Either party was of Insane spouse: GR: Sane spouse At any time before
unsound mind Through free who had no the death of either
cohabitation after knowledge of the party
coming to reason other’s insanity
or
XPN:
1. Any relative, During a lucid
guardian or person interval or after
having legal charge of regaining sanity
the insane spouse

2. Insane spouse
during a lucid
interval or after
regaining sanity
Consent obtained Injured party: Injured party Within 5 years from
through fraud Through free the discovery of
cohabitation with full fraud
knowledge of the
facts constituting the
facts
Vices of consent Injured party: Injured party Within 5 years from
Through free the time the force,
cohabitation after the intimidation or
vices have ceased or undue influence
disappeared disappeared or
ceased
Physical incapacity May not be ratified Injured party Within 5 years after
but action may be the celebration of
barred by marriage
prescription only,
which is 5 years after
the marriage
STD May not be ratified Injured party Within 5 years after
but action may be the celebration of
barred by marriage
prescription only,
which is 5 years after
the marriage
 ACP CPG ASOP
When it Adopt in a marriage When the future When future spouses
applies settlement spouses adopt it in a adopt it in a marriage
marriage settlement settlement
Spouses do not choose
any economic system; or If the marriage is ACP or CPG is dissolved
celebrated under the
Adopted a different New Civil Code and they Prior marriage is
property regime and the have not adopted any dissolved due to death
same is void economic system of one spouse and
surviving spouse failed
to comply with the
requirements under Art.
103

By judicial order
Included All properties owned by All property acquired
the spouses at the time during the marriage,
of marriage whether the acquisition
appeared to have been
made, contracted or
registered in the name
of one or both spouses

1. Acquired by onerous
title during marriage
at the expense of the
common fund
2. Obtained from the
labor, industry, work
or profession
3. Fruits from the
separate property
and common
property
4. Share of either
spouse in the hidden
treasure
5. Acquired through
occupation
6. Livestock
7. Acquired by chance
Excluded 1. Property acquired 1. Brought to the
during the marriage marriage as his/her
by gratuitous title own
by either spouse, 2. Each acquires
and the fruits as during the marriage
well as the income by gratuitous title
thereof, if any, 3. Acquired by right of
unless it is redemption, by
expressly provided barter or by
by the donor, exchange with
testator, or grantor property belonging
that they shall form
 party of the to only one of the
community spouses
2. Property for 4. Purchased with
personal and exclusive money of
exclusive use of either.
either spouse.
However, jewelry
shall form party of
the community
3. Property acquired
before the marriage
by either spouse
who has legitimate
descendants by a
former marriage,
and the fruits as
well as the income,
if any, of such
property
Liability 1. Support of the 1. Support of the
spouses, their spouses, their
common children, common children,
and legitimate and legitimate
children of either children of either
spouse spouse
2. All debts and 2. All debts and
obligations obligations
contracted during contracted during
the marriage by the the marriage by the
designated designated
administrators administrators
spouse for the spouse for the
benefit of the benefit of the
community, or both community, or both
spouses, or by one spouses, or by one
spouse with the spouse with the
consent of the other consent of the other
3. Debts and 3. Debts and
obligations obligations
contracted by either contracted by either
spouse without the spouse without the
consent of the other consent of the other
to the extent that to the extent that
the family may have the family may have
been benefited been benefited
4. All taxes, liens, 4. All taxes, liens,
charges and charges and
expenses, including expenses, including
major or minor major or minor
repairs, upon the repairs, upon the
community conjugal property
property 5. All taxes and
5. All taxes and expenses for mere
expenses for mere preservation made
preservation made during marriage
 during marriage upon the separate
upon the separate property of either
property of either spouse
spouse used by the 6. Expenses to enable
family either spouse to
6. Expenses to enable commence or
either spouse to complete a
commence or profession or
complete a vocational course,
profession or or other activity for
vocational course, self-improvement
or other activity for 7. Antenuptial debts
self-improvement of either spouse
7. Antenuptial debts insofar as they have
of either spouse redounded to the
insofar as they have benefit of the family
redounded to the 8. The value of what is
benefit of the family donated or
8. The value of what is promised by both
donated or spouses in favor of
promised by both their common
spouses in favor of legitimate children
their common for the exclusive
legitimate children purpose of
for the exclusive commencing or
purpose of completing a
commencing or professional or
completing a vocational course or
professional or other activity for
vocational course or self-improvement
other activity for 9. Expenses of
self-improvement litigation between
9. Antenuptial debts the spouses unless
of either spouse the suit is found to
other than those be groundless
falling under par.7,
the support of
illegitimate children
of either spouse,
and liabilities
incurred by either
spouse by reason of
a crime or a quasi-
delict, in case of
absence or
insufficiency of the
exclusive property
of the debtor-
spouse, the
payment of which
shall be considered
as advances to be
deducted from the
share of the debtor-
spouse upon
 liquidation of the
community
10. Expenses of
litigation between
the spouses unless
the suit is found to
be groundless
Effect of Shall not affect the regime, but:
separation 1. Spouse who leaves the conjugal home or
in fact refuses to live therein, without just cause,
shall not have the right to be supported
2. When consent of one spouse to any
transaction of the other is required by law,
judicial authorization shall be obtained in a
summary proceeding
3. In case of insufficiency of community or
conjugal partnership property, separate
property of both spouses shall be solidarily
liable for the support of the family
Dissolution Death, legal separation, annulment or void ab
initio, juridical separation of property
 BASIS ART 147 ART 148
Applicability 1. Parties without legal With legal impediment cased by:
impediment to marry 1. Adulterous relationship
2. Void marriages on the ground 2. Bigamous
of psychological incapacity 3. Incestuous void marriages
4. Void marriages by reason of
public policy
Requisites 1. Man and woman must be 1. Man and woman must be
capacitated to marry each incapacitated to marry each
other other or they do not live
2. Live exclusively as husband exclusively with each other as
and wife husband and wife
3. Their union is without the 2. Their union is without the
benefit of marriage or their benefit of marriage or their
marriage is void marriage is void
Salaries and Owned in equal shares Separately owned by the parties. If
wages any is married, his/her salary
pertains to the regime of the
legitimate marriage
Property Belong to party upon proof of Belong to such party
exclusively acquisition through exclusive funds
acquired
Property Governed by rules of co-ownership Owned in common in proportion to
acquired by their respective contributions
both through
their work or
industry
Presumption Property acquired while living No presumption of joint acquisition
together presumed obtained by their
joint efforts, work or industry and Actual joint contribution of money,
owned by them in equal shares property or industry shall be owned
by them in common proportion
If one party did not participate in
acquisition, presumed to have However, their contributions are
contributed through care and presumed equal in the absence if
maintenance of family and proof of the contrary
household
Forfeiture When only one of the parties to a If one of the parties is validly
void marriage is in good faith, the married to another, his/her share in
share of the party in bad faith shall the co-ownership shall accrue to the
be forfeited in favor of: ACP or CPG existing in the marriage
1. Common children
2. In default of the CC, children If the party who acted in bad faith is
of the guilty spouse by a not validly arried to another or if
previous marriage both parties are in bad faith, such
3. In default, innocent spouse share shall be forfeited in manner
provided in 147.
Proof of Not necessary Necessary
contribution
 BASIS ACTION TO IMPUGN LEGITIMACY ACTION TO CLAIM LEGITIMACY
Remedy Action to impugn legitimacy or Action to claim legitimacy
illegitimacy (compulsory recognition)
Real party in GR: Husband GR: Child
interest
XPN: heirs in cases where: XPN: heirs of the child in case
1. Husband dies before the where:
expiration of the period for 1. Child died in state of insanity
bringing the action 2. Child died during minority
2. Husband died after filing the
complaint, without having Must be filed within 5 years
desisted
3. Child was born after the
death of the husband
Grounds 1. Physical impossibility for the
husband to have sexual
intercourse with his wife within
the first 120 days of the 300 days
which immediately preceded the
birth of the child because of:
a. Physical incapacity of the
husband to have sexual
intercourse with his wife
b. The fact that the husband
and the wife were living
separately in such a way
that sexual intercourse was
not possible
c. Serious illness of the
husband which absolutely
prevents intercourse
2. Proved that the biological or
other scientific reasons, the child
could not have been that of the
husband
3. In case of children conceived
through artificial insemination,
written consent was obtained
through mistake, fraud, violence,
intimidation or undue influence
Prescription 1 year GR: during the lifetime of the child
If the husband resides in the same
municipality or city where birth took XPN: Lifetime of the putative father
place - In cases where the action is
for the recognition of
2 years illegitimate child by “open
If husband does not reside in the and continuous possession
same municipality or city of the status”

3 years
if husband is living abroad