RECORDING 3

FAMILY CODE. K. No.

ART. 1, MARRIAGE R: and in fact the supreme Court made a

comparison between mercado vs. Tan correct and
Fam code. Art. 1 the case of morigo vs. People.

Marriage is not simply a contract. It is not simply a In the subsequent case the morigo case
contract between a groom and a bride. Most overturned the case of mercado. But in the
especially, It is a social institution in which the subsequent cases the sc did not because there os
state is very much interested. For the marriage a distinction between the case.
contract to exist. In our law the state must
participate in its celebration through a marriage
ceremony. The state is represented through the Mercado vs. Tan.
solemnizing officer. So in the absence of There is marriage that was celebrated but the
ceremony, what takes place is merely a private marriage that was celebrated was void. There was
agreement between husband and wife. This is not marriage celebrated. But what was celebrated in
a marriage contract as specified in morigo vs. this case..
People.
Anong kaibahan?
Morigo vs. People
When lucio went to canada and returned lucia In morigo there was in fact no marriage. Why?
and lucio got married in the Philippines. According Because of the absence of marriage ceremony. In
to lucio. There is no marriage ceremony, no our law marriage is not simply a private
solemnizing officer and merely signing of contract agreement. There must be a ceremony
without the presence of the solemnizing officer. participated by the state through the solemnizing
And when she got back to canada, sshe filed for officer.
divorce whicb was granted. After a few months
lucio got married. Lucio filed a petiotion to Recently the sc. Issued its ruling in falcis vs
recognise the decree. Lucia filed a bigamy caze cityncivil registrar dismissing the petition for the
against lucio for contracting second marriage. The recognition of the same sex marriage celebrated
trial court convicted the accused. That lucio abroad. Tjat was a Petition for the celebration of
contracted another marriage during subsistence of that marriage should be recognised. on the
his previous Marriage. Ca likewise affirm the ground that the marriage should be recognised on
decision of the lower court. Sc for bigamy to be the ground that the marriage in fam code os
considered. The crucial element is the existence of unconstitutional for violation of equal protection
a valid marriage. Lucio contends that there was no clause. The sc dismiss the petition on procedural
valid subsequent marriage between him and lucia. ground.
Since they merely signed a marriage contract. The
marriage can not be recognised by court. It can Our definition of marriage is limited only to a
not be declared void because that marriage no marriage between a man and woman. Same sex
marriage happened void. marriage celebrated evem if valid abroad is not
considered marriage in our law. Not even
classified as void marriage.
R: if what we are saying os that there is no
marriage that took place. is thatthe problem is we Requisites of marriage.....
have art 40 of the family code which provides that Absence and defect and irregularit.
even if the marriage is void ab initio, he cannot
simply contract another marriage without judicial In morigo. It was not void marriage. In fact there is
declaration of nullity of marriage. Otherwise, the no marriage. If no marriage, we are not
2nd marriage shall also be considered bigamois considering it as marriage.
and the crime of bigamy is committed.
Republic vs. Olaybar.
In the case of morigo vs. People. Did the sc apply A secured cenomar, she found out that she is
art. 40? married to a korean national. According to her she
did not contract any marriage. She file a petition
 RECORDING 3
to correct and cancellation of the entry in the civil one of contracting party to marriage to be
reg. registry under rule 108. The petition was celebrated in the Philippines is a foreigner, we are
oppose by the solgen on the ground that the requiring the foreigner
effect of the correction is tantamount to Ti present a certificate of legal capacity issued by
declaration of nullity of their marriage. Sc ruled, his embassy because we do not know knoe the
the contention of solgen cannot be given national law of the foreigner. So for Fililino citizens
credence. Because there olaybar did not attend Legal capacity of filipino citizens are found in the
the scelebaration or signed the marriage contract. art 5. Sex.. Which must be a male of female
Thus tjere isnno marriage to declared void. otherwise they are not allowed to contact
Marriages here in thr philippine. If a solemnizing
Take note.. If it is absent of consent there is in fact officer solemnize same sex marriage. The
no marriage. We will not refer to it as voi.d let us solemnizing officer may be held administratively
not forget that marriage is also a contract. The liable and even criminally for performing an illegall
husband and the wife should give consent. In the marriage. But in the event same sex marriage is
case of olaybar, there was no consent. The celebrated abroad. And if that marriage is
marriage was not between olabar and the korean. recognised as valid in a plave of celebrations we
It was not the true olaybar who gave consent but would likewise apply our laws following the
someone else. The marriage was not between the nationality principle. In ouraw it is not marriage
true olabar and the korean who made use the considering the definition of marriage in our
identity of olaybar in contracting marriage with family code. That is a no marriage situation.
the korean.
As to sex. For Filipino citizens how do we
With respext to the true olaybar, she never determine sex?
contracted marriage. So that is a case of no
marriage Silverio cagandahan case.
the sex of a Filipino if determined at the time of
his birth. It is done by birth attendant either a
Let us take note of the difference.. physician or a midwife.. And determination is by
visual examination of tjeir genetalia of the infant .
If in fact there is no marriage celebrated. But a And such examination is immutable in the absence
marriage was a marriage certificate is registry. The o palpable error commited.
remedy is under rule 108.
So that remedy shall apply to lucio. Morigo and The same cannot be changed by reason of sex
lucis reassignment surgery. Because in the Philippines
we do not bave any law we do not know the effect
Let us compare in olaybar case and braza vs. of sex reassignment surgery.
Himamaylan negros orienal. case.
There was no error that could be corrected.
Braza. If there was a marriage that was celebrated
but that marriage is void ab initio. That marriage Geraldine roman case.
cannot be a subject matter for to correction in the There was no appeal in the rtc. Place was in
civil registry. That bataan. Coming from a political plan. Osv did not
Is not the proper remedy. choos to appeal. So it became final and executory.
If there was a marriage celebrated but it turned
out to be void instead the proper remedy is a Problema ay kung ipursue ni roman anv rtc
Petition for declaration of absolute nullity of decisions and she will contract marriage in the
marriage Philippines. Will that be allowed? That decision of
rtc came ahead from the decision of the silverio
Silverio vs cagandahan. case.

Art 5. As to the validity of marriage by roman.. It will be

goverened by the decision of silverio. Under the
As we previously discussed the matter of legal doctrine of stare decisi. Obly decision by the sc
capacity shall be governed by the national law of create binding effect.
the person concerned. that is the reason why if
 RECORDING 3
Kagandahan case. during the ceremony. if that consent was given
was during the marriage ceremony, what ever
The conditions of kagandahan is attributable to may be the intention of the parties. What ever
nature. Such doubt was created by natur. The may be the motives of the parties. Whatever may
abnormalities in kagandahand body made her be their purpose, in entering the contracts of
csoable of both malr and female marriage. HINDI MAHALAGA YON. THE STATE IS
It NOT LOOKING INTO THE MOTIVE, THE PURPOSE.
THE INTENTION of the parties in contracting the
ALBIOS CASE marriage. The state is simply looking into the
presence of the consent given during the marriage
Asence of cosent there is no infact no marriage. ceremony,
But if there is consent that was given by the
groom and bride, the marriage canno be void. Kaya kapag nag bigay ng consent during the
Because consent is given. Ok? Nsusundan? If marriage ceremony. hindi natin pwedeng
cnsent is given by the groom and the bride, hindi tawaging MARRIAGE IN JEST YON. IF CONSENT
void ang marriage. Pwede maging voidable. WAS GIVEN. WHATEVER MAY BE THE PURPOSE.
When?
If the onsent that was given was defective. For SABI NG KORTE SUPREME, EVEN IF THEY
reasons enumerated in art 45 of the famcod. CONTRACTED THE MARRIAGE WITHOUT LOVE,
THAT WILL NOT AFFECT THE VALIDITY OF THE
Ok? MARRIAGE. BECAUSE LOVE IS NOT IMPORTANT. 
Di naman ako ang nagsabi non. Sabi ng kort in
ALBIOS and ROMERO love is not important for
Clarify natin. Pag walang consent there is no purposes of determining the validity of a marriage.
marriage. Hindi yon void marriage. But if consent While it is ideal, it is not the only consideration in
is present hindi pwedeng mging void ang a marriage contract. hindi natin pwede gamitin
marriage. Pwede lang maging voidable, if the yan, the marriage is not valid because they do not
consent that was given was defective and the love each other, HINDI MAHALAGA YON. What is
reason enumerated in art 45. important in marriage is SEX NOT LOVE. 

But ano ba ibig sabihin ng consent for purposes of

marriage? Previously diniscuss natin. The parties should be a
Unlike in ordinary contracts, yung intention of the man and a woman. Clear?
parties may affect the validity of the contracts. In
obligations and contracts, sometimes the motive in the case of CHI MING CHOI the senseless
of the parties in entering the contract may be the refusal to engage to seual intercourse, is indicative
cause. . if that motive predetermines the purpose of psychological incapacity that renders the
of that contract. Ibig sabihin, if the realization of marriage void ab initio. Kaya in marriage, IT IS SEX
the motive has been named as the principal THAT S IMPORTANT, AND NOT LOVE. CLEAR?
reason why the parties came into a contract with THAT IS THE DECISION OF THE SUPREME COURT.
one another, then that predetermines the
purpose of the contract. In which case That THE PURPOSE OF THE PARTIES IN ENTERING INTO
motive will also be the causa, MARRIAGE IS NOT IMPORTANT. Even if they have
an agreement that their marriage is only for
convenience an d that they would not live as
In a marriage, yung motive na yon.. that motive. husband and wife, and they do not have an
even if it is the primary reason why the person intention to establish a family. That will not affect
would contract marriage with one another, that the validity of the marriage,, while originaly, the
motive cannot affect the validity of the marriage social institution f the family is intended for
contract. Because marriage is not an ordinary purposes of establishing a conjugal and family life.
contract. Marriage is a special contract. It is a Yung an original intention. But in ALBIOS,
special ontract that is purely governed by laws . MARRIAGE CAN BE ENTERED INTO BY ANY AND
under the law ano yung cconsent in marriage. The ALL PURPOSES NOT CONTRARY TO LAW. SO
consent being referred to is simply the personal KAHIT wala silang intention to live together as
declaration made by the grrom and the bride husband and wife, that will not affect the validity
 RECORDING 3
of the marriage. Clear? And importanteng As to the mayor, before January 1, 1992 mayors
titingnan lang natin… DID THEY FREELY GIVE do not have the authority tosolemnize marriages,
CONSENT DURI NG THE MARRIAGE CEREMONY. So between aug 3 of 1988 to December 31, 1998..
yun lang. so kung meron silang kasal na sinolemnize. That is
void, coz he has no authority, that is a mistake of
law. Not a basis of….
AUTHORITY OF THE SOLEMNIZING OFFICER.

The persons authorized are limited to those Members of the judiciary?

enumerated in art 7 and with the addition of the Must be I cumbnt member. Question? Can they
mayor in the local government code. 6 yan. Who solemnize marriage, outsice of the courts
are authorize to solemnize marriage. jurisdinction. Will that affect the validity of the
marriage. For ourspose of your bar examination.
Pero yung 2, the ship captain and airplane chief And gagamitin lang natin for the meantime is the
pilot, and the military commander of their unit, OBITER DICTUM. IN THE CASE OF NAVARRO VS.
their authority are limited for only articulo morits BY purposes of the bar. Pede gamitin ag OBITER.
marriages. Kung wala pang direct ruling ang sc. Sisnce wala
pa.
While al of them can solemnize marriages in
articulo mortis. But yung 2 can ONLY SOLEMNIZE Sc, even if a mtc judge solemnize marriage outside
IN ARTICULO MORTIS. of the courts jurisdinction that is a mere
irregularity in the exercise of his authority wich
With respect for the others, their authority are does not affect the validity of the marriage. In
provided for by law. But not the religious other words, following the obiter, the marriage
solemnizers, ang relious solemnizers remains perfectly valid.
(1) it is necessary they btain authority from
the state.
(2) Authority must be registered with the LICENSE.
psa, .
(3) psa issue license authority to the religious DAYOT VS. DAYOT.
solemnizer. SILAW VS. DE CASTRO.
(4) They must act within the limits of his
authority. A MARRIAGE IS VOID WHEN SOLEMNIZED
WTHOUT A VALID MARRIAGE LICENSE. Except in
Kung wala ang 3 yan, the marriage is void. those case where no marriage licnese is required.
Because the solemnizer has no authority. But the Ok?
parties can invoke that they, in relation to the
absence of these 3, this shall be a case of mistake If there is no marriage license, and the marriage is
of fact. The parties may act in good faith. And the NOT EXCEPTIONAL . THE MARRIAGE IS VOID. THE
basis of good faith is a mistAKE OF FACT. AND CERT ISSUED BY THE LOAL REGISTRY TO THE
THAT IS ALLOWED. Pero kung yung pang 4 na EFFECT THAT THE LICENSE IS FAKE, THEY NEVER
requirement ang wala, the court may …. The law ISSUED IT, IT DID NOT COME FROM THEIR OFFICE.
requires that one of the parties must belong to IS PROOF THAT AT THE TIME THE MARRIAGE WAS
the sect or member thereof. CELEBRATED, THERE WAS NO MARRIAGE ICENSE.
THE Certification from the local civil registry thate
If the parties are aware that non of them are the license issued to someone elese and not to the
belong of the religious sec.? contracting parties that again is prrof that the
marriage contracted by the contracting parties is
Wala tayong mistake of fact. Instead what exist is proof hat the marriage is celebrated without an
a mistake of law. The parties are not aware that marriage license . but if the cert of the NCR is
there is a requirement that at least one of them simply the records of the license cannot be found
must belong to the church. And that would be a in their office , sabi ng SC ther must be an
mistake of law, and cannot be a basis of…. Sothe additional statement in the certificate that diligent
marriage shall be void ab initio. efforts must have beein exerted by the local civil
registrar. In order for that certification to be a
 RECORDING 3
proof, f the absence of the marriage license at the embarrassment. Because
time. Of the celebration they have been living..
naghaharutan, tapos hindi
Kapag totoo naman yung licnese , it was freely pala kasal. Parang ganon.
issued to the contracting parties. And it is Iniiwasan na yon. Baka that
appearing in the records of the local civil registry, may discourage them to
as having been issued to the contracting parties, apply for marriage licnese.
the marriage is perfectly valid, regardless of the Kaya ginawa ng batas hindi
manner by which the licnese was obtained. na nila kailangn magapply
for license. Kaya wala ng
publication. They can
MARRIAGES THAT ARE EXEMPT FROM immediately contract
MARRIAGE LICENCES marriage.
-
LEGAL RATIFICATION OF MARITAL
COHABTATION. What is the policy of the law?
To promote to sanction monogamy. Faithful ness.
WHAT MAKES THE MARRIAGE EXEMPT FROM THE The parties must have exclusive cohabitation.
REQUIREMENT OF MARRIAGE LICNESE, it is stated Exclusivity. The provition does not intend to
in sentence 1, the marriage becomes exceptional benefit those living in cohabitation of adulterious
if 2 req. will be satisfied, relations.
1. Lived together as husband and wife, for 5
years. – that is interpreted in the case of SANCHEZ VS. BORJA.
nina. How do we count the 5 year? Ano AN ADMINISTRATIVE CASE against the
ang reconing point? The date of the erring guard. But in that case JSUTICE PUNO
celebration of the marriage. Pano enumerated the requisites of art. 34. And in
magbibilang.. we count backwards.. 5 enumerating the requisites of art. 34. Tha:
year cohabitation is reconed from the
date of the celebration of the marriage. 1. There must be absence of legal
Counted backwards. And that period impediment, at the time of the
must be continues, uninterrupted celebration of the marriage for the
unbroken. Dapat makakabuo tayo ng application of art 34. Kaya some of the
buong 5 taon. At least 5 years counted comentators are at the view, that the
back wards. absence oflegal impediment is required
only at the time of the celebration of the
marriage. Kasi nangaling yun s obiter
2. Absence of legal impediment to marry dictum ng sc in the case of sanche vs.
each other, - must be present in the borja,
entire 5 year cohabitation. Ounted form
the date of the celebration of the And additionally, yung ruling ng sc, in the
marriage. Bakit daw don? Cohabitation case of ninalcannot apply to the art 34.
must be a case of perfect union. Ther e is Because what was interpreted in ninal
no legal impediment. Ang kulang lang was the provision on of the civil code.
actual marriage celebration. Bat ganon? If
there was an impediment. … A. In borja case,, that the absence of legal
impediments required by law at the
Halimbawa.. if the parties are timeof the celebration of the marriage.
cohabiting in a state of adultery, That is required of all marriages. That at
or concubinage? They cannot the tijme of the celebration. There must
benefit . beno legal impediment otherwise the
marriage is void. Ok?
What is the purpose of that
provision? So kung icconstrue nating ang”
- To protect the parties ho absence of elgal impediment, at the
are cohabiting from time of the celebration of the
 RECORDING 3
marriage art 34, will not be an idinagdag na “ absence of legal
exceptional. It will not be given, in an impediment, dinagdag yan. Siningit
orinary marriage. Kaya nga yan.. sabi ng iba. Ang absence of
exceptional ito.. the absence of the legal impediment s only referring to
legal impediments must be present at the time of the celebration of the
during the entire 5 year period. Para marriage. kapag nag singit ka ng
maging exceptional ka. Kasi in all isnang provision mero ibig sabihin
marriages. It is a requirement that at yon. kapag magsisingit ng prvision ,
the time of the celebration the itt carries a different meaning, . kaya
parties must not be suffering from isiningit yon isto qualify, the previous
legal impediment. provison referring to the 5 year
cohabitation. Yun ang mas tama.
1. Ruling of nina does not apply to art Yung ang mas logical interpretation.
34, because what is interpreted in To the provison of art 34.. AFTER ALL
ninal is he provision of the civil code. ART 34, IS AN EXCEPTIONAL
Taking ano yon.an improtante , what MARRIAGE. PARA MAGING
was the reason behind the ruling in EXCETIONAL IT MUST BE DIFFERENT
ninal.. sc said. During the entire 5 FROM THE ORFDINARY.
year period the parties must not be
suffering from any leal impddiment. IN ALL MARRIAGES , IT IS A REQUIREMENT THAT
They mst not be living under the AT THE TIME OF THE CELEBRATION. THE PARTIES
state of concubinage/ adultery. MUST NOT BE SUFFERIN FROM LEGAL
Because ethe policy of the state is to IMPEDIMANT, BUT THIS IS ECEPTONAL, THE
promote monogamous relations. If ABSENCE OF LEGAL IMPEDIMENTS, DOES NOT
that was the reason in ninal. POSSIBLYREFER ONLY TO THE TIME OF THE
2. May nabago ba under the fam CELEBRATION OF THE MARRIAGE. IT MUST BE TO
coede? Pede naman natin iapply EB LOGICAL, MUST REFER TO THE ENTIRE 5 YEAR
yung benefit of art 34 to thse PERIOD.
cohabitation under the state of
bigamy? Except that nawala na yung TAKE NOTE: Ang mahalaga sa art 34, ay 5 year
impediment at the tme o the continuws cohabitation, duon lang mahalaga na
celebration of the marriage? Bt walang legal impediment, previuous to that. Okay
during the cohabitation may lang na amy impediment.
impediment, nwaala lang ung
icelebrate yung marriage. can they Nagsama sila ng 7 years, yung 2 yrs may legal
now benefit under rule 34? Hindi impediment, nawalan yung impediments. Yung
naman nagbago ang policy ng sumunod the 5 years wala ng impediment. So in
pilipinas. Since, the civil and up to counting the five year eriod. Magsimula tayo from
the fam code. The Philippines is still the date of the celebration of the marriage. count
promoting monogamous backwards, at makaka kuha tayo ng at least 5
relationship. Ganon par ing naman year period na walang legal impediment. Yun lang
ang policy. For whatever has been ang mahala. And the marriage will become
said by the supreme court in the case EXEPTIONAL.
of ninal, is also applicable to ART 34
of the famil code.
WHAT IS TH EFFECT OF THE ABSENCE OF
3. And finally, sa civil code, ang AFFIDAVIT OF COHABITATION?
nakalagay … the partes must be
cohabiting for a period of atleast 5 In the case of republic vs. dayot. If the
years. Walang sinabi na, absence of essential matter of the sworn affidavit is a lie, then
legal impediment. And yet the sc, in it is but a mere scrap of paper, without force and
the case of ninal interpreted. That effect. In art 34, what is important is not the
the 5 year period is free from affidavit of cohabitation but compliance of the
impediment. Because of the policy of actual basis for the marriage to be excempt from
the law. E lalo na sa fam code, may the requirement of marriage licnese. Ano yung
 RECORDING 3
actual basis? 1. Man and woman cohabit for 5 if they were guilty of falsifying the affidavit of
years. And 2. During the 5 year period, there was cohabitation.. but SC obviously, did not follow the
no cohabitation. Yun ag importante. Why? argument of the solggen. The sc declared the
Because if those requirements were not satisfied, marriage void in the case of DAYOT. HINDI
kahit na sabihin ng affidavit of cohabitation na INEXPLAIN ANG DAHILAN..
those requirements were satisfied, but if the
statements in the affidavit turned out to be false, BAKIT HIND APPLICABLE AND ESTIPEL IN THE
but in reality those requirements were not ISSUE OF THE VALIDITY OF THE MARRIAGES of
complied, the marriage is not exceptional. Since the parties?
the marriage is not exceptional, the marriage MARRIAGE IS A SPECIAL CONTRACT,
should have been celebrated with a marrieage WHICH IS GOVERNED ENTIRELY BY LAW. The
license. Even if with the affidavit, if the affidavit is nature. The consequences and the incidence of
falsified, the marriage is not exceptional. the marriage are all goverene by law. If cannot be
a subject of an agreement between the parties. So
If the requirements are complied, the the issue of validity of their marriage. whether the
marriage is exceptional. The marriage is ecempt marriage is an absolute nullity because of the
from the requirement of a marriage licnese. Even absence of the marriage license, that issue
if no affidavit of cohabitation? YES! The sc is should be decided on the basis of our existing
telling us, is that…. What makes a marriage laws. And that issue cannot be decided by the
execeptional is the compliance of sentence 1. principle of estopel. (estoppel, it prevents the
Clear? An not the affidavit of cohabitation. It a parties from questioning the validity of their
mere statement of the parties that they complied agreement. Clear? ) to apply the principle of
with the requisites. And it is the compliance with estopel and nasusunod ay ang agreement of the
the requisites that is important. It is the parties in DECIDING the validity of their marriage..
compliance of the 2 requisites that would make that is not allowed!
the marriage exempt from the requirement of
marriage license kaya …. THE NATURE, CONSEQUENCES AND INCIDENCE
OF MARRIAGE ARE ALL GOVERNED BY LAW.
MERON PROBLEM SA BAR na yung 2 requisites
were complied.. pero yung parties failed to De castro vs. assidao- de castro. – Falsity
execute the affidavit of cohabiting, anong status of the ffidavit connot be considered as a mere
ng marriage? irregularity in the formal requisites of the
marriage. it is a TOTAL ABSENCE of formal
VALID! BECAUSE WHAT MAKES THE MARRIAGE requisite.. the law dispenses with the marriage
Exceptional is NOT THE AFFIDAVIT OF license requirement, to avoid exposing the parties
COHABITATION BUT, COMPLIANCE WITH THE to humiliation, shame, embarrassment
FACTUAL BASIS. OK? AFTER ALL, YANG AFFIDAVIT concomitant with scandalous cohabitation.
IS A MERE STATEMENT FROM THEM. Kahit
walang affidavit, compliance of the requisites can Void marriage can be used a defense.
still be proven through testimonies of witnesses.

Kung di nacomply ang requisites, pero may

affidavit na falsified?
The marriage is not exceptional since the marriage ABSOLUTE NULLITY. defense
was celebrated was without marriage licnese. The ART. 195.
marriage is void ab initio.
If the action for support is based on the
THE FALSITY OF AN AFFIDAVIT IS NOT A MERE relationship of husband and wife?
IRREGULARITY IN A FORMAL REQUISITE. THAT IS A
TOTAL ABSENCE OF MARRIAGE LICENSE. THAT IS Defense is that the parties are not spouses
THE CASE OF ABSENCE OF FORMAL REQUISITE. because their marriage is void ab inito. Even if,
WHICH IS A MARRIAGE LICNESE. IN THOSE CASES there is no judicial declaration of the nullity of
THE SOLGEN INVOKED THE PRINCIPLE OF their marriage. because a VOID MARRIAGE CAN
ESTOPEL, SABI NYA… the parties should not be BE SUBJECT TO COLLATERal ATTACK.
allowed to petition for the nullity of the marriage
 RECORDING 3
INSTANCE WHERE THE MARRIAGE CAN BE A void marriage can be questioned
DECLARED VOID, EVEN IF THE ACTION IS NOT at anytime. Even if after the death
FOR THE DECLARATION OF THE ABSOLUTE of the spouse. Yung status of void
NULLITY OF THE MARRIAGE. marriage an be proven anytime.
That was allowed in the case of
1. IF THE ISSUE IS WHETHER THE Ninal.
CHILD IS LEGITIMTE OR
ILLEGITIMATE? But the absolute nullity of the
Importante marriage cannot be declared in a
yung status of theparents because if the Petition for correction and
marriage is lly, children of void marriages cancellation of entry under rule 108.
are illegitimate. Except, art. 36 and 53. If If there was really a marriage that
the issue is illegitimacy of a child, the was celebrated, and that marriage
court can declare the marriage vid, even is void abinitio, the proper remedy is
if the action is not for action of absolute a petition
nullity.

2. Action for support. Whether if it is

for the support of the illegitimate
child or the spouse. Importante
yung issue ng absolute nullity of the
marriage. if the defence of one, is
that he or she does not have the ART. 40
obligation to support the other
because they are not pousess, their Prior to weigel, if the marriage is void ab initio,
marriage s void ab inito , the court the marriage does not exist for all purposes, even
can resolve the issue of absolute for purposes of remarriage. Kelan iaapply ang
nullity of the marriage even if the ODAYAT? AND WEIGEL? ART 40? LOOK AT THE
action is for support. Because a void DATE OF THE CELEBRATION OF THE 2 nd
marriage can be collaterally MARRIAGE.
attacked. 1. If the 2nd marriage is celebrated prior to
1986, prior to the weigel ruling. Apply
3. Settlement of the estate. If the ODAYAT VS. AMANTE.
issue of absolute nullity of the
marriage is raised, the court can 2. IF the 2nd marriage was celebrated after
resolve the issue even if the aug 19, 1986, prior to fam code. Apply
proceeding is for the settlement of weigel.
the estate of the deceased spouse.
If it is true that the marriage is void 3. If the marriage is celebrated during the
ab initio, the surviving is not the family code. Apply 40 of fam code.
spouse. Therefore the surviving is
not entitled to succeed from the
deceased as the surviving spouse. ODAYAT VS. AMANTE RULING = void
Generally a VOID MARRIAGE DOES marriage is considered as non exising
NOT EXIST. The absolute nullity of marriage. ot subsisting. For all purposes. Even
the marriage can be proven in any if the purpose is to contract 2 nd marriage, the
action even if it is not for the 1st marriage is considered not subsisting. It did
declaration absolute nullity of the not exist. What appears to be the 2 nd
marriage, so long as the issue of the marriage is actually the 1st. that is a valid
action, the issue of the absolute marriage and the crime of bigamy will not be
nullity of the marriage is important committed.
for purposes of resolving the legal
question that was presented befor WEIGEL V. SEMPIO DY. (AUG 19, 1986)
the court. Even if the 1st marriage is void ab initio, since
the 2nd marriage wasa contracted without a
 RECORDING 3
previous judicial declaration of nullity of the defence for bigamy. There is a provision in the law
marriage. 2nd marriage was contracted during that not all the effects of the marriage are totally
the subsistence of a marriage. 2nd marriage is wiped out by a judicial declaration of absolute
therefore void AND THE CRIME OF BIGAMMY nullity and one of the effects that is not wiped out
IS COMMITTED. The sc now requires a judicial is he criminal liability of the accused for BIGAMY.
declaration of nullity of the prior void
marriage before contracting a 2nd marriage. Art 40 seeks to harmonize civil and criminal. It
CANNOT BE APPLIED RETROACTIVELY. OTHERWISE
DEL CASTILLO VS. DE (1979) IS BECOMES AN EX POST FACTO LAW which is
It is the date of the 2nd marriage that controls. prohibited under the constitution.
Since the 2nd marriage was contracted in 1979
prior to the weigel ruling, the applicable rule HJSJSJSJFHSJFHWHTTTTRSCCCSJFRRWHJSLLSLSLSS
shall be the ruling in the case of ODAYAT VS. SS
AMANTE. Which does not require the judicial
declaration of nullity of the prior marriage KeyboarDworWW
prior to contracting the 2 nd marriage. EVEN IF
THE CASE WAS DECIDED IN 2016, The SC did
not apply retroactively (case of weigel).

LOOK AT THE DATE OF THE CELEBRATION OF THE

MARRIAGE in determining the validity of the 2 nd
marriage. if the source (weigel) case cannot be
applied, the offspring (art 40) cannot also be
applied. The offspring cannot rise higher than the
source.

IN CIVIL AND ADMINISTRATIVE CASE. Retroactive

applicability of art 40 will result to impairment of
rights.

IN CRIMINAL CASE, It can be applied retroactively,

because art 40. is merely procedural rule. There
are no vested rights in the rule of procedure.
(MALI. MALING MALI! Because if the 2nd
marriage is contracted without the need for the
judicial declaration. The 2nd marriage is actually
valid! If you apply if retroactively. That valid
marriage will become void and the children of
that 2nd marriage will become illegitimate. That
is an impairment of right. Hindi iyan rule of
procedure. Kung wala ang art 40, WALANG
CRIME OF BIGAMY. ART 40 IS A clarification of
the crime of bigamy. T

IN PSYCHOLOGICAL INCAPACITY.
There is no visible appearance of absolute nullity
of the marriage. Unless you are declared
psychologically incapacitated. If you contracted a
2nd marriage, the 2nd marriage has the appearance
of a bigamous marriage.
if the party in the 2nd marriage decided that his
marriage is null and void, the parties and not left
to decide ad to the status of the valid marriage?
in the 2nd marriage where it was declared void by
reason of psychological incapacity. That is not a