COMPARISON AMONG VOID, VOIDABLE, LEGAL SEPARATION, DE FACTO SEPARATION

DETAILS VOID VOIDABLE LEGAL SEPARATION DEFACTO SEPARATION

Nature No legal effect Valid until annulled Marriage bonds subsist; separation by a mensa No legal
recognition
et thoro (bed and board)
Means of Impugning Declaration of nullity Petition for annulment Petition for legal separation None
Manner/Kind of attack Direct or Collateral Direct Direct None
Who may file action Anyone Only pouses Only pouses None
Article 47
!" #he parents$ guardian$ person
ha%ing legal charge of party &ho
contracted marriage &ithout parental
consent before party reaches '!" #he
party &ithin ( years after reaching '!
years old
'" #he guardian or person &ith legal
charge of the insane party; the sane
party$ if insanity &as not )no&n; the
insane upon regaining sanity or in a
lucid *nter%al
+" Person sub,ected to fraud &ithin
( years from disco%ery of fraud
-" Person sub,ected to force &ithin
( years from cessation of the said force
(" .or physical incapacity to
consummate and se/uality
transmissible disease$ fi%e years from
marriage
Prescription Article 39 0 Action or defense Normally fi%e years(refer to Article -1) Article 57 None
is imprescribtible .i%e years from the date of occurrence
of cause
Property Regime Co2o&nership ACP or CP3 ACP or CP3 ACP or CP3
Children *llegitimate e/cept those Article 54 4egitimate 4egitimate
Concei%ed per Article +5 4egitimate
(Psychological incapacity)
And Article (+ (Allo&ed
ubse6uent marriage)
Grounds/action A" Article 35 Article 45 Article 55
!" #hose married belo& !7 !" Marriages of those !7 but !" 8epeated physical %iolence or grossly
9%en if &ith parental consent &ithout parental consent abuse conduct against petitioner$ common
'" *f solemni:ing officer did not '" ;nsound mind children$ children of petitioner
9/cept marriage &hich are entered +" Contracted through fraud '" Physical %iolence or mental duress to
<y one or either spouse &here they -" Contracted through force$ petitioner$ children or children of petitioner to
#hat solemni:ing officer had authority intimidation$ duress change religious or political affiliation
+" No %alid marriage license e/cept (" *ncapacity to consummate +" Attempt to corrupt or induce petitioner$
as allo&ed by= 5" #ransmittal e/ual Disease petitioner>s children$ common children
a" Article 27 (in articulo that is serious and incurable to prostitution or
mortis)$ -" *mprisonment by final ,udgment of more
b. Article 28 (residence is Article 4 2 .raud than si/ years$ e%en if pardoned
such that there is no transportation !" Non disclosure of con%iction (" Drug addiction or habitual drug use
to o to Ci%il 8egistrar)$ by final ,udgment of moral turpitude 5" ?omose/uality or lesbianism
c" Article 34 (Muslim or '" Concealment of pregnancy by man 1" e/ual infidelity or per%ersion
or other indigenous tribes &here other than husband 7" ;n,ustified abandonment of one year
ceremony is held under their custom +" Concealment of alcoholism or @" Attempt to )ill the petitioner
and tradition) drug addiction$ homose/uality or !A" Contracting of another marriage$ locally
-" <igamous or polygamous lesbianism or abroad
Marriages -" Concealment of se/ually
(" Marriage by mista)e of identity transmissible disease
5" Void subse6uent marriages under
Article (+
<. Article 3 (psychological incapacity)
C" Article 37 (*ncestuous Marriages)
!" <et&een ascendants B descendants
'" <et&een brothers B sisters
D" Article 38 (Marriages %oid by public
Policy)
!" <et&een step parents and step
children
'" <et&een parents2in2la& B
children2in2la&
+" <et&een adopted children B
adopting parents
-" <et&een sur%i%ing spouse of
adopted child and adopting
parent
(" <et&een sur%i%ing adopting
parent and adopted child
5" <et&een adopted children B
legitimate children
1" <et&een adopted children of same
adopting parent
7" Among blood relati%es up to -
th
degree
@" <et&een parties &here one$ &ith the
the intention to marry the other
)illed the other>s spouse or his or
her o&n spouse
D!N""C NON9 Article 45 (9/ist at marriage) Article 5
R#$I!IC#$%N !" No parental consent 2 cohabit !" Condonation of acts by aggrie%ed party
freely after attaining '! '" Consent of acts of aggrie%ed party
'" ;nsound mind 0 party of +" Conni%ance
unsound mind after coming to -" Mutual fault (clean hands)
reason cohabit freely (" Collusion to obtain legal separation
+" .raud or force 0 freely cohabit 5" <arred by prescription
after )no&ledge of fraud or cessation
W&I' PNDING NON9 Article 49 Article !
*n the absence of any &ritten !" 4i%e separately
agreement$ Court shall pro%ide for '" *n the absence of &ritten agreement
the support of the spouses and the care Court shall appoint either spouse or a third
of the common children" Court shall party to administer the ACP or CP3
priority to the moral and material &ell2 Article 2
being of the children and choice of *n the absence of a &ritten agreement$
parent they &ould prefer to remain Court shall pro%ide for the care of the spouse
&ith" Court &ill pro%ide appropriate and the care and support of the children" #he
%isitation rights Court shall gi%e priority to the moral and material
Article 48 &ell being of the children and their choice as to
!" #he court shall order the prosecuting &hich parent they &ish to remain" Appropriate
attorney or fiscal assigned to appear rights &ill be gi%en to the other parent"
on behalf of the tate to ta)e steps Article 58
to pre%ent collusion or fabrication An action for legal separation shall in no case
or suppression of e%idence" be tried before si/ months shall ha%e lapsed
'" No ,udgment shall be based since the filing of the petition
upon stipulation of facts or Article 59
confession of ,udgment No legal separation may be decreed unless the
court has ta)en steps to&ard reconciliation of
the spouses and is fully satisfied that$ despite
such efforts$ reconciliation is high improbable"
Article "
No decree of separation shall be based on
stipulation of facts or confession of ,udgment"
!!C$" %! #C$I%N Article 43 (termination of Article 5" Article 3 Article !"" # !27
subse6uent marriage) !" #he ACP or CP3 &ill be dissol%ed !" Marriage bonds subsist but couple !" No support to spouse &ho
!" Children concei%ed prior to and li6uidated e/cept that the guilty &ill li%e separately lea%es con,ugal home &ithout
termination are legitimate and their &ill forfeit hisCher share of the net '" #he ACP or CP3 shall be dissol%ed B ,ustification
care and support$ in case of dispute profit in fa%or of common children or li6uidated but guilty spouse shall forfeit any '" Dudicial authori:ation shall
shall be decided in proper proceedings in default$ the innocent spouse share in the net profit in fa%or of the common shall be obtained in summary
'" #he ACP or CP3 shall be '" Donations proter nuptias are %alid children or in default$ the innocent spouse proceedings &hen the
li6uidated and distributed e/cept e/cept if the donee is the guilty party$ +" Custody of children shall be a&arded to consent of spouse to any
the spouse &ho contracted marriage then the donation is re%o)ed by innocent spouse transaction is re6uired by la&
in bad faith shall forfeit hisCher share operation of la&" -" 3uilty spouse shall be dis6ualified from +" *f common property is not
to the common children or to guilty +" *nnocent spouse may re%o)e design2 inheriting from innocent spouse by intestate not enough$ then the separate
spouse>s children$ or in default to ation of guilty as beneficiary in succession" Pro%ision in the &ill in fa%or of properties of both spouse
the innocent &ife insurance policy$ e%en if designation guilty spouse shall be re%o)ed by la& shall be solidarily liable for
+" Donations propter nuptias are %alid is irre%ocable Article 4 the support of the family" #he
e/cept if donee is guilty then -" #he guilty party cannot inherit from !" Donations to the offending spouse may be present spouse shall in a
donations are re%o)ed by operation innocent spouse by testate or intestate re%o)ed by the innocent spouse as &ell as summary proceeding be
of la&" (" .inal ,udgment shall pro%ide for the the designation in the insurance policy" gi%en ,udicial authority to
-" #he innocent spouse shall re%o)e li6uidation$ partition$ distribute of the '" #he re%ocation shall be registered in the administer or encumber any
the designation of the guilty party as ACP or CP3$ the care and support of registries of property in the place &here the specific separate property
insurance beneficiary common children and the deli%ery of properties are located" and use fruits to satisfy the
(" 3uilty party is dis6ualified from the presumpti%e legitimes" +" 8egistered alienations$ lien$ or share of guilty spouse"
inheriting by testate or intestate 5" #he creditors of the spouse and the encumbrances shall be respected"
succession" ACP or CP3 &ill be notified of -" Change in beneficiary to ta)e effect
Article 44(ubse6uent marriage) proceedings for li6uidation upon &ritten notification
*f both are guilty of bad faith$ then 1" *n the partition$ the con,ugal Article 379 $% t&e Ci'il C$(e
donations to each other and d&elling shall go to the spouse &ith Ehen legal separation is granted$ the
testamentary disposition in fa%or &ith &hom children &ill li%e &ith" &ife may continue to use the surname she
of each other are re%o)ed by la& (Article) !"2 # !29) employed before the legal separation"
Article 37! $% Ci'il C$(e Article 5!
*n annulment of marriage$ if &ife *n the partition$ the %alue of the
is guilty spouse$ then she resumes presumpti%e legitimes of the
using maiden name" *f innocent she children shall be deli%ered in
may at her option go bac) to using cash$ securities$ or properties$
her maiden name or use married name unless the parties ha%e by
unless court decrees other&ise or mutual agreement ,udicially
she or her husband marries to appro%ed pro%ided for such
another" matter" Children may as) for
enforcement"
Deli%ery of the legitime shall be
be considered as ad%ances on their
legitime" #hey are in no &ay
pre,udiced &ith regard to ultimate
successional rights of children upon
death of parents"
Article 52
#he ,udgment of annulment or of
absolute nullity of the marriage$
the partition and distribution of the
properties of the spouses$ and the
deli%ery of the children>s legitimes
shall be recorded in the appropriate
registry of properties or the ci%il
registry
Article 37! $% Ci'il C$(e
*n annulment of marriage$ if &ife
is guilty party$ then she goes bac)
her maiden name" Other&ise she has
option unless there is court decree
or she or her husband remarries
another
Article 53
9ither of the former spouses may
marry again after complying &ith
the re6uirements" Other&ise$ the
subse6uent marriage shall be null
and %oid
Con(alidation/Reconciliation Article 45 Article 5
9/cept for physical incapacity to *f the couple reconcile$ then a ,oint
consummate and the se/ual disease$ manifestation under oath signed by
the marriage contrated for the others the couple &ill be filed &ith the
can be con%alidated by offended party court in the same proceeding for legal
continuing to li%e as husband and &ife separation"
Article
9ffects of reconciliation are as ff=
!" 4egal proceedins shall be terminated
&hate%er stage
'" #he final decree shall be set aside but
the separation of the properties and the
forfeiture of the share of the guilty spouse
already effected shall subsist$ unless the
agree to re%i%e their former property
regime
+" #he Court order shall be recorded in
the proper ci%il registries"
Article 7
#he agreement to re%i%e and shall be e/ecuted
under oath and shall specify the ff=
!" #he properties to be contributed
'" Properties to be retained by each
+" #he names$ addresses and amounts o&ed
to the )no&n creditors
#he agreement and the motion for re%i%al
shall be filed &ith the court &ith copies
to all creditors" #he Court$ after hearing$ shall
ta)e measures to protect the creditors and such
order shall be recorded in the proper
registries of property"
#he recording shall not pre,udiced creditors
not included or notified$ unless the separate
properties of spouse shall be enough to satisfy
the creditor>s claims"