ANNULMENT of Marriage , legally

called Nullity of Marriage

Grounds for annulment- LIFFIS
1. LACK OF PARENTAL CONSENT- if
1 or both parties are bet. The
ages of 18-21 and the parents
did not give consent to the
marriage.
2. Insanity
3. Fraud
4. Force intimidation if 1 of the
parties are forced to enter into a
marriage
5. Impotence- if 1 of the spouses
has difficulty in consummating
the marriage
6. Sexually transmissible disease
that is serious and incurable
Grounds for Annulment of a marriage:
ART 45
1. Absence of Parental Consent. A marriage
was solemnized and one or the other party
was eighteen (18) years of age or over but
below twenty-one (21) and consent was
not given by the parents, guardian or
person having substitute parental authority.
The Petition of Annulment must be filed
within five (5) years of having attained the
age twenty-one. However, if the parties
freely cohabited with the other as husband
and wife after having reached the age of
twenty-one (21) a Petition of Annulment
can no longer be filed.

4. That the consent of either party was

obtained by force, intimidation or undue
influence. Except when the same has ceased
and the party filing the petition freely
cohabited with the other as husband and wife.
The injured party must file within five (5) years
from the point in time the force, intimidation or
undue influence disappeared or came to an
end.
5. One or the other party was physically
incapable of consummating the marriage, and
such incapacity continues and appears to be
incurable. The filing of the Petition of
Annulment must be filed within five (5) years
after the marriage.
6. Either party was at the time of marriage
afflicted with a sexually-transmitted-disease
(STD) found to be serious and seems to be
incurable. This may also constitute fraud. The
filing of the Petition of Annulment must be filed
within five (5) years after the marriage.

LEGAL SEPARATION- allows the

spouses to live separate by bed and
board but their marriage continue to
subsist and does not allow them to
remarry.
A. M. NO. 02-11-11-SC
MARCH 15, 2003
aw

RULE ON LEGAL SEPARATION

chan robles virtual law library

Under Art 55 of Family Code

A petition for legal separation may be filed only
by the husband or the wife, as the case may be
within 5 years from the time of the occurrence of
any of the following causes:
(a) Repeated physical violence or grossly abusive
conduct directed against the petitioner, a
common child, or a child of the petitioner; chan
chanrobles virt ual law library

2. Mental Illness. One or the either party

was of unsound mind at the moment of the
marriage. But if the parties freely cohabited
with each other after he or she came to reason
the law prohibits the filing of a Petition.
3. Fraud. That the consent of either party
was obtained by fraud, unless such party once
having knowledge of the fraud freely cohabited
with the other as husband and wife. The
petition must be filed within five (5) of finding
out the facts of the fraud.

robles virtual law library

(b) Physical violence or moral pressure to compel

the petitioner to change religious or political
affiliation;
(c) 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;
(d) Final judgment sentencing the respondent to
imprisonment of more than 6 years, even if
pardoned;

(e) Drug addiction or habitual alcoholism of the

respondent; chan robles virtual law library
(f)
Lesbianism
or
homosexuality
of
the
respondent;
(g) Contracting by the respondent of a
subsequent bigamous marriage, whether in or
outside the Philippines;
(h) Sexual infidelity or perversion of the
respondent;
(i) Attempt on the life of petitioner by the
respondent; or chan robles virtual law library
(j) Abandonment of petitioner by respondent
without justifiable cause for more than one year.
cralaw

ANNULMENT allows the parties to

remarry bec marriage is declared null
and void by the court.
2 TYPES OF VOID MARRIAGES

1. Void ab initio- marriage is null

from the beginning (as if the
marriage did not exist) ex. Both
Parties are below 18 when they
married, no marriage license. In
this case, must have declaration
of nullity from the court.
2. Voidable marriages- marriage is
valid but defective, defect must
happen during marriage. Ex.
Concealment of H that he was a
drug addict can be a ground for
filing an annulment case to say
that the marriage is voidable.

1. Those contracted by any party

below 18 years of age EVEN with
the
consent
of
parents
or
guardians;
2. Those solemnized by any person
NOT legally authorized to perform
marriages UNLESS such marriages
were contracted with either or
both parties believing in good faith
that the Solemnizing Officer had
the legal authority to do so;
3. Those
solemnized
WITHOUT
a Marriage
License,
EXCEPT marriages exempt from
license requirement;

4. Those bigamous or polygamous

marriages, NOT allowed under
special laws such as the Muslim

Code or NOT contracted by a

person whose spouse has been
absent for 4 consecutive years,
said person having a well-founded
belief that the absent spouse was
already dead and the latter is
declared presumptively dead in a
summary proceeding

5. Those contracted through mistake

of one contracting party as to the
identity of the other;

6. Those subsequent marriages that

are void under Article 53 of the
Family Code of the Philippines
when either of the former spouses
marries again WITHOUT complying
with the requirements of Article
52, supra, requiring the judgment
of annulment or judgment of
absolute nullity of the marriage,
the partition and distribution of
the properties of the spouses, and
the delivery of the childrens
presumptive legitimes be recorded
in the appropriate civil registry
and registries of property;
7. Those contracted by any party
who,
at
the
time
of
the
celebration,
was psychologically
incapacitated to comply with the
essential marital obligations of
marriage EVEN IF such incapacity
becomes manifest only after its
solemnization;

8. Those between ascendants

descendants of any degree;

and

9. Those
between
brothers
and
sisters, whether of the full or half
blood;
10. Those between collateral blood
relatives, whether legitimate or
illegitimate, up to the 4th civil
degree (i.e. between first cousins);

11. Those between step-parents and

step-children;

12. Those between parents-in-law and

children-in-law;

13. Those
between
the
adopting
parent and the adopted child;

(c) The inability must be tantamount to a psychological

abnormality.

14. Those
between
the
surviving
spouse of the adopting parent and
the adopted child;

It means that if one of the parties is psychologically

incapacitated to comply with his obligation as a spouse, then
the marriage is void from the very beginning. That is why
the legal remedy is to petition the court for nullity of the
marriage.

15. Those
between
the
surviving
spouse of the adopted child and
the adopter;

16. Those between an adopted child

and a legitimate child of the
adopter;

17. Those between adopted children of

the same adopter; and

18. Those between parties where one,

with the intention to marry the
other, killed the other persons
spouse or his or her own spouse
(Articles 35, 36, 37, and 38, Family
Code of the Philippines)

If a H is gay, legal separation is

applicable and not annulment
bec it did not happen at the
time of marriage.

According to Article 36 of the Family Code

of the Philippines, A marriage contracted
by any party who, at the time of the
celebration, was psychologically incapacitated
to comply with his obligations of marriage,
shall likewise be void even if such incapacity
becomes manifest only after its
solemnization.
The Psychological Incapacity under Article 36 contemplates
an incapacity or inability to take cognizance of and to
assume basic marital obligations, and is not merely the
difficulty, refusal or neglect in the performance of marital
obligations or ill will. It consists of:
(a) A true inability to commit oneself to the essentials of
marriage;
(b) The inability must refer to the essential obligations of
marriage, that is, the conjugal act, the community of life and
love, the rendering of mutual help, and the procreation and
education of offspring; and

PSYCHOLOGICAL INCAPACITYhas a wide ranging grounds.

May also opt to use tjis ground
in case H is gay bec it renders
him psychologically incapable to
perform essential obligations in
the marriage.
PI- has a medical reason
HOWTO FILE A PETITION FOR
ANNULMENT
1. Get a lawyer.
2. Write your detailed marital
history from the start to end
of relationship.
3. Get a psychological
evalauationfrom an expert
(psychologist or psychiatrist)
yhey can be called as
witness in the court.
4. Draft and file the petition.
5. The other party is
summoned to file an answer
w/in 15 days from receipt
6. Pretrial ensues.Court to
decide schedule of trails,
markings of docuent and
detemiation of witnesses.
PROCESS OF ANNULMENT
1. Determine the grounds for
annulment.
2. File a petition for annulment
3. The Court will call a
prosecutor because the
State is interested in the
protection of family and
marriage.
4. Role of prosecutor is to know
if there is no collusion

QUESTION IS IT POSSIBLE FOR

THE 1ST WIFE TO CLAIM TO
CLAIM THE PROPERTIES OF THE
SECOND FAMILY-

A WIFE IS LIVING SEPARATELY

FROM HER HUSBAND W/ HER
KIDS UNDER HER CARE. WHAT
TO DO?

-Assuming that the 1st marriage

is not annulled, the 1st wife can
claim the properties but only to
the extent of portion of her
property. If the parties married
25 yrs ago and under CPG, it
means that whatever H and W
brought to their marriage is
divided between the two.
Because the marriage was not
annulled, the 1st wife could
claim only to the portion/share
of the husband and not on the
share of the second wife.

REMEDIES:

WHAT HAPPENS TO THE

LEGITIMATE CHILDREN AFTER
AN ANNULMENT WHOSE NAMES
CAN THEY CARRY?
It depends. If marriage is void
from the start (fro example both
are below 18 yrs old) kids are
considered illegitimate. In case
of voidable marriage, (for
example the ground is
concealment) if marriage is
voidable, kids are considered
legitimate. Illegitimate child
carries the surname of mother,
however, if the father
acknowledged the child, the
surname of the father should be
used. The father should
acknowledge the child through
birth certificate, pblic document
or even a private handwritten
papers signed by him.

IF LEGAL SEPARATION- file a

case and ask for support
IF VAWSI- file a case for
temporary or permanent
protection as per VAWC to get
support. Must use grounds
under RA9262
HOW OT GET PROTECTION
ORDER-First get a barangay
protection order (if abused:
verbally, physically,
economically) Barangay
protection order can be used as
evidence for court protection.
SOME NGOs provide legal
assistance such as Engedrights,
PAO, IBP, and other legal aid of
some aw schools
Barangay protection order is
free while court protection order
has a fee of P2K and issued the
next day.
Concubinage if the H has
committed an extra marita
affairs.
Adultery if the W committed
sexual act with another man.
Concubinage prove 3 scenarios:
1. If the H and mistress live in
conjugal home.
2. Sexual relations under
scandalous circumstances.

3. If they cohabit in othr place

A WIFE SEPARATED FROM HER
HUSNAND WHO NOW HAS A
GIRLFRIEND WHILE SHE ON THE
OTHER HAND HAS A
BOYFRIEND. ASKED IF SHE
COULD FILE AN ANNULMENT.
-First, the wife should not get
married without getting the 1st
marriage be declared annulled
or she could be held criminally
liable for bigamous marriage
PRICE RANGE FR FILINGAND
PROCESS OF LEGAL
SEPARATION OF PROPERTY OR
DISSOLUTION OF PROPERTY
RELATIONSHIP
ON SEPARATION OF PROPERTY-it
is
possible even w/o filing
for an annulment or nullity of
marriage.

It is possible. For example W

files a Dissolution of property
relationship thru extra judicial
or judicial settlement. There are
court w/c allow waiver of H if
there chikdren involved.
Regrding asking for support
from a husband:- file an action
for support in family court this is
made easy under VAWc law
INHERITANCE is the right to
inherit assets that are entitled
to them from a departed loved
one and by operation of law.
Under Phil law the legit spouse
and children have rights to
claim such inheritance
INTESTATE without a will made
prior to his death

If through the help of NGO, its

free.

INTESTATE SUCCESSION is the

distribution of the assets of the
deceasd when a valid will is not
present.

Minimum isp50k up depending

on the property involved. Filing
fee is a percentage of the
property involved.

Under the law when a person

died intestate, his property is
apportioned to certain people
by operation of law.

The H can claim on the property

assets if still married to each
other. The W can file
annukment, legalseparation or
separation of property or
dissolution of property
relationship.

Ex. Surviving spouse- and

child-

IS THE H CAN WAIVE HIS

RIGHTS AND SIGN DOCUMENT
IF W PLANS TO BUY A HOUSE.

Mandatory heirs include the

spouse, legitimate children (and
illegitimate children) under the
law

TESTATE SUCCESSION- the

distribution of assets of the
deceasd in accordance to to his
will.

LEGTITME is a portion of
property that is taken to be
given to other people
If the deceased died with debt
incurred, the property shall
answer to it prior to distribution
to the heirs.
H and W separated. H remarried
w/o the annulling the 1st
marriage and it is called a
bigamous marriage, who entitle
to succession? First the legit
wife, the legit children, and the
illegit children. Divide the
property. Ileggit children gets
share, legit child gets whole.
TYPES OF WILL
NOTARIAL WILL- is an attested
will must be written and
executed by a lawyer in aa
language known to the testator
and must be subscribed by him
at the end.
HOLOGRAPHIC WILL- must be
entirely written, dated and
signed by the testator himself;
need not be witnessed and can
be made outside the Phils.

Collateral heirs are not directly

descended fro the deceased
includes bothers, sisters, aunts
ubcles, nieces, nepwhes,
cousins
The sole surviving heir
automatically gets all the
inheritance.
ACP- parties are deemed coowners of properties both own
at the time of celebraton of
marriage and those acquired by
themselves.
W discovered that H has a son
abroad. If H dies, does the son
inherit since he is not a Filipino?
Under the law the naitionality
of the deceased whose estate is
being considered will govern on
the illegitimate son from
abroad will iherit under the Phil
law. The son gets portion.
Certificate of land title is a piece
of paper that evidence the
ownership of land.

Brother and sister are collateral

relatives and are excluded from
inheritance f the deceased has
compulsory heirs

Ancestral land which has no title

where grandparents had been
there since time immemorial
and their continued possession
from the grandparents to the
children can ripen to ownership
esp if more than 30 years. It is
called prescription.

Compuulsory heirs are direct

descendants of the deceased
includes legitimate childen
(including legitimated and
adopted) widow, widower,
illegitimate children

There are some types of land

w/c you cannot acquire by
prescription regardless of how
long your grandparents to you
have stayed on that land can
never ripen into ownership.

If there is s piece of land and

you want to buy it, go to
Register of Deeds and ask it
there were previous owner on
the land and if there are owners
of that land can never be
acquired by you although you
have been there for 50 years.

take note that disinheritance must be done through a will.

The children are co-owners of a

piece of land in case both the
parents died.

[4] When a child or descendant by fraud, violence, intimidation

or undue influence causes the testator to make a will or to
change one already made;

You cannot acquire ownership of

the land in case t is an
agricultural land in w/c case the
government can claim it back.
Computation of Will-art 991 of
RA 386
50%-ascendants or legitimate
children of the deceased asstes
25% spouse
25% illegitimate children, if any
If my uncle dies with huge
property, where does his riches
go?- Check first if the uncle has
no ascendants,if none, it will go
to his surviving siblings. If my
parent died who has a sibling,
then I can inherit from my
uncle. If your parent is still alive,
they will inherit along with other
siblings. If all the siblings are
dead, then the nepwhes and
nieces will inherit from uncle.
Substance abuse is not a
ground for disinheritance.
ART 919- provides the grounds for disinheriting children
and descendants (grandchildren), legitimate as well as
illegitimate. The word "testator" mentioned several times below
refers to the person making a last will and testament. Please

[1] When a child or descendant has been found guilty of an

attempt against the life of the testator, his or her own spouse,
descendants or ascendants;
[2] When a child or descendant has accused the testator of a
crime for which the law prescribes imprisonment for six years or
more, if the accusation groundless;
[3] When a child or descendant has been convicted of adultery
or concubinage with the spouse of the testator;

[5] A refusal without justifiable cause to support the parent or

ascendant who disinherits such child or descendant;
[6] Maltreatment of the testator by word or deed, by the child or
descendant;
[7] When a child or descendant leads a dishonorable or
disgraceful life;
[8] Conviction of a crime with the penalty of civil interdiction.

Grounds for disinheritance of

children-disinheritance must be
in writing
1. Attempt on the life of the
testator
2. Maltreatment by word or
deed
Being a gambler or drug
addict is not a ground for
disinheriting a child.
However, if that addict son
maltreats the testato by
word or deed, it cn be done.
In writing a will
1. Write it in the presence of 3
witness and sign it in their
presence.
2. Notarize
Any defects in the will, it will
be disregarded

Holorgrahic will is in handwriting of

testator.

-estafa, deceit, defrauding are the

same under art 315 of RPC.

Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
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WHAT ARE THE CHANCE TO GET THE

INVESTMNET MONEY BCK? It depends.
There is a slim chance to recover all
the money invested.

REMEDIES IF VICTIMIZED BY
PYRAMIDING SCAM
1. File n estafa case if there is
deceit iinvolved.
2. File also a case in NBI to get
relief.
Under Ecommerce Act, ther e is
adifferece between a pyramiding
schem and MLM. In MLM, there is a
product you sell and the person get
commission from it.
Pyramide scheme is a fraudukent
money making system that requires
an endless scheme of endless recruits
for success.
In MLM, ask them of a permit from
them if they have a license to sell.
Otherwise, file a case in SEC.
-syndicated estafa carries wth it a
death penalty
-file a caase in RTC stafa and in NBI for
syndicated estafa. Also, it may done at
SEC for violation of Securittie and
regulations code aside from estafa.
Respondent may be held liable for
unregistered securities and for
operating w/o secondary license. This
refers to a corporation with a license
to sell securities or investment
contracts w/c is different from
certificate of registration. Securities
under the sec and regulations code RA
8799, is very broad and refers to any
investment. Victims may lso file BP 22.

In Phils, we have the Tibayan case,

Rose Baldjay multitel case, and mateo
case.
3 MAIN RULES IN INVESTING
1. NEVER INVEST ON SOMETHING
YOU DO NOT UNDERSTAND NO
MATTER HOW PROFITABLE IT IS.
2. THE HIGHR THE INTEREST THE
HIGHER THE RISK.
3. NEVER INVEST BASED ON
TRUST.
REDFLAGS ARE THE
FOLLOWING:
-they always pressure you to
invest.
-ask you to become an agent
TIPS
-checkif they are registered as
a corporation with a
corresponding certificate of
registration.
- if there is, check if they have
secondary certificate to sell
securities, investment contract.
Third, the products they are
selling must be registred in the
SEC
-fourth, the one selling or
brokers must be license.
WHAT SHOULD THE VICTIMS DO
IF VICTIMIZED?
-file a formal case in the NBIs
Anti fraud and action division
who handles complaint in
pyramiding scheme.