VOID MARRIAGES (BALBIS)

1. Where any party is below 18, even with

consent of parents / guardians. (Art. 35)
2. Absence of authority of person who
solemnized the marriage. (Art. 35 (2) )
Exception: Any or both of the parties are
in good faith

EE: If there was a previous judgment

annulling the first marriage, the
bigamous marriage remains valid.

3. Absence of Marriage License

Exceptions:
M uslims or members of ethnic
cultural communities
A rticulo Mortis
R emote Place
C ohabitation
O utside the Philippines where no
marriage license is required
4. Bigamous or Polygamous Marriage
A Marriage contracted by any person
during the subsistence of a previous
marriage shall be null and void.
a. Presumptive Death (SAB)
1. Present spouse must file a Summary
Proceeding for the declaration of the
presumptive death of the absentee
without prejudice to the latters
reappearance.
2. Absence of the other spouse must
have been for 4 consecutive years
or 2 years where there was danger
of death.
3. Well-founded belief of the present
spouse who wishes to remarry the
absent spouse is already dead.
b. Effect of
Spouse

Reappearance

reappearance was recorded in a sworn

statement in the civil registry of the
residence of the parties to the
subsequent marriage at the instance of
any interested person with due notice to
said spouses, without prejudice to the
fact of reappearance being judicially
determined in case such fact is
disputed.

of

Absent

GR:
The
subsequent
bigamous
marriage under Art. 42 of the FC
remains valid despite reappearance of
the absentee spouse.
ER:
Subsequent
marriage
automatically
terminated
if

is
the

5. Mistake in Physical Identity

6. Void Subsequent Marriage
a. Without judicial declaration of nullity of
previous void marriage (Art. 40)
b. Without
judicial
declaration
of
presumptive death of absent spouse
(Art. 41)
c. Where the absent spouse was
presumed dead, and both the present
spouse and wouldbe spouse were in
bad faith in contracting marriage (Art.
44)
d. Failure to record in the civil registry and
registry of property the judgment of
annulment or of absolute nullity of the
marriage, partition and distribution of the
property of the spouses and the delivery
of the childrens presumptive legitimes
(Arts. 5253)
e. Effect of Termination of Subsequent
Marriage (Art. 43)
i. Children of the subsequent
marriage conceived prior to its
termination shall be considered
legitimate;
ii. Dissolution & liquidation of the
absolute community or conjugal
partnership. If either spouse acted
in bad faith, his share in the net
profits shall be forfeited:
1. In favor of the common children;
2. If none, in favor of the children of the
guilty spouse by previous marriage;
or
3. In default of children, in favor of the
innocent spouse;
iii. Donations by reason of marriage
remain valid except if the donee
contracted the marriage in bad
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faith;
iv. The innocent spouse may revoke
the designation of the spouse in
bad faith as the beneficiary in any
insurance policy; and
v. The spouse who contracted the
subsequent marriage in bad faith
shall be disqualified to inherit from
the innocent spouse by testate or
intestate succession
7. Psychological Incapacity
a. Elements
1. Juridical Antecedence Must be
rooted in the history of the party
antedating the marriage, although
the overt manifestations may
emerge only after the marriage
2. Incurability Must be incurable or
even if it were otherwise, the cure
would be beyond the means of the
party involved
3. Gravity Must be grave / serious
such that the party would be
incapable of carrying out the
ordinary duties required in a
marriage
b. Molina Doctrine
1. Incapacity must be Permanent or
incurable
2. Root
cause
of
psychological
incapacity must be:
a. Medically
or
clinically
identified
b. Alleged in the complaint:
i.
Sufficiently proven by
experts
ii.
Clearly explained in the
decision
3. Marital Obligations refer to Art. 68
71 of the FC
4. Plaintiff has Burden of Proof
5. Incapacity proven to be Existing at
the time of the celebration of the
Marriage
6. Trial
court
must
order
the
Prosecuting Attorney or fiscal and
the Solicitor General to appear for
the state
7. Interpretations of the National
Appellate Matrimonial Tribunal of the
Catholic Church of the Philippines
while not controlling should be given
great respect

8. Illness is grave enough to bring

about disability to assume essential
marital obligations
8. Incestuous (Art. 37)
a. Between ascendants and descendants
of any degree
b. Between brothers and sisters whether of
the full or half blood
9. Void for Reasons of Public Policy
a. Collateral blood relatives whether
legitimate or illegitimate up to the 4 th civil
degree
b. Stepparents & step children
c. Parentsinlaw & childreninlaw
d. The adopting parent & the adopted child
e. The surviving spouse of the adopting
parent & the adopted child
f. The surviving spouse of the adopted
child & the adopter
g. Adopted child & 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 the latters
spouse, or his/her spouse.
j. There is no need for conviction in a
criminal case of the guilty party. The fact
of killing committed by one of the parties
to the marriage can be proved in a civil
case

VOIDABLE MARRIAGES
1. Grounds: Must exist at time of Marriage
(Art. 45)
a. 18 or over but below 21 without consent
of parents or guardian
b. Either party unsound mind
c. Consent obtained by Fraud
i. Non-disclosure of previous conviction
by final judgment crime involving
moral turpitude
ii. Wife Concealed pregnancy
another at time of marriage

by

iii. Concealment of STD existing at time

of marriage
iv. Concealment of drug addiction,
habitual alcoholism or homosexuality
or lesbianism at time of marriage
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d. Consent obtained by force, intimidation

or undue influence
e. Either
physically
incapable
of
consummating marriage, incapacity
continues and appears to be incurable
i. Doctrine of Triennial Cohabitation
f.

Either party afflicted with serious STD

which appears to be incurable

2. Persons who may file

annulment, Period for filing

action

for

a. Parents/Guardian who did not give

consent before party reaches 21
b. Party within 5 years from majority unless
freely cohabited
c. During the lifetime, either party or any
relative or person having legal charge
d. Within 5 years from discovery by injured
party unless thereafter freely cohabited
e. Within 5 years after force, intimidation or
undue influence ceased by the injured
party unless thereafter freely cohabited
f.

Injured party within 5 years from

marriage for STD and or incapacity to
consummate marriage

3. Role of Prosecuting Attorney/ Public

Prosecutor
a. Appear on behalf of the state
b. Take steps to prevent collusion between
the parties

iii. Presumptive Legitime - Given to

common children in cash, property or
security
Legitime that part of the testators
property which he cannot dispose of
because the law has reserved it for
certain heirs called as compulsory
heirs. It is computed as of the date of
the final judgment.
iv. Property Relation governed by the
pre-nuptial agreement or the absolute
community of property and conjugal
partnership of gains. It shall be
dissolved and liquidated. If in bad
faith, the guilty spouse shall not get
his share in the net profits of the
property regime. His share shall be
forfeited in favor of the common
children.
v. Liquidation of Community of Property
Governed by the ordinary rules on
co-ownership. It is necessary that it
must be recorded in the Civil Registry
of Property to bind third persons.
vi. Testate or Intestate Succession - The
offending spouse shall be disqualified
from inheriting from the innocent
spouse.
vii. Insurance Policy The designation of
the offending spouse as beneficiary in
the insurance contracts of the
innocent spouse can be revoked.
viii. Donation Propter Nuptials Remains
valid and subsisting.

c. Take care that evidence is not fabricated

or suppressed
4. Effect of Termination of Marriage
a. Children
i. Status Children conceived and born
outside a valid marriage or inside a
void marriage are illegitimate.
ii. Custody and Support Governed by
a written agreement by the parties,
given to the innocent spouse or in the
absence of it, governed by Art. 49
(pendency of action).

LEGAL SEPARATION
1. Grounds (Art. 55)
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 Repeated Physical Violence

Moral Pressure to change religion or
political affiliation
Corruption or inducement to engage
in Prostitution
Final Judgment involving more than
6 years of Imprisonment
Drug
Addiction
Alcoholism

and

Habitual

Lesbianism or Homosexuality
Bigamy
Sexual Infidelity
Attempt on Life
Unjustified Abandonment
a. Effects of Filing Petition
-

Involves nothing more than a bed and

board separation of the spouses.

b. Cooling-off Period (Art. 58)

-

A 6 month period designed to give the

parties enough time to further
contemplate their position with the end
in view of attaining reconciliation
between them.

a. Spouses are entitled to live separately

from each other but the marriage bond is
maintained
b. Liquidation of Property Offending
spouse shall have no right to any share
of the net profits, it shall be forfeited in
favor of the common children
c. Custody of Minor Children Given to the
innocent spouse
d. Intestate and Testate Disqualification
The
offending
spouse
shall
be
disqualified from inheriting from the
innocent spouse
5. Effects of Reconciliation
Process: Spouses can file a joint
manifestation of reconciliation in court. It
must also be recorded in the proper civil
registry so that creditors would not be
prejudiced.
GR: Forfeiture of the share of the guilty
spouse remains.
ER: The spouses agree to revive the former
property regime.

2. Grounds for Denial of Petition (Art. 56)

a. Condonation
b. Consent
c. Connivance
d. Mutual Guilt
e. Collusion
f.

Prescription

3. Period for filing (Art. 57)

-

Must be filed within 5 years from the

occurrence of the cause

Discovery is one of the starting points

of prescription

4. Effects of Decree of Legal Separation

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