Family Code Void Marriage Voidable Marriage

As to nature Inexistent from time of Valid until annulled by

Article 1 — Marriage is a special contract of permanent union between a man and a woman performance competent court
entered into in accordance with law for the establishment of conjugal and family life. It is As to susceptibility of Cannot Can be, either free
the foundation of the family and an inviolable social institution whose nature, convalidation cohabitation or
consequences and incidents are governed by law and not subject to stipulation, except that prescription
marriage settlements may fix the property relations during the marriage within the limits Effect on property No community property; Absolute community
provided by this Code. only co-ownership unless other system agreed
upon in marriage
-special contract settlement
-permanent union Effect on children Illegitimate under Art 165 Legitimate if conceived or
-between man and woman (subject to exceptions) born before annulment
-in accordance with law decree
-establishment of conjugal and family life. How marriage may be (a) Attacked directly or (a) Direct attack; there
impugned collaterally; for purpose of must be decree of
Article 26 — All marriages solemnized outside the Philippines in accordance with the law remarriage, judicial decree annulment
in force in the country where they were solemnized and valid there as such, shall also be of nullity (Art 40)
valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37, (b) Can be impugned even (b) Cannot be impugned
and 38. after death of parties after death of one of the
Where marriage between a Filipino citizen and foreigner is validly celebrated and parties
a divorced is thereafter validly obtained abroad by the alien spouse capacitating him or her
to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine
law.
Article 36 — A marriage contracted by any party who, at the time of the celebration, was
-rule of lex loci celebrationis psychologically incapacitated to comply with the essential marital obligations of marriage,
-Foreign marriage void in Ph (although valid in the country of celebration) if: shall likewise be void even if such incapacity becomes manifest only after its
1. either or both parties have no legal capacity to marry (Art 35 par 1) solemnization.
2. bigamous or polygamous marriage (Art 35 par 4)
3. consent of one party is lacking because of mistake in identity of the other (Art 35 par 5) -no examples of psychological incapacity for fear that it would limit applicability of the
4. one party is psychologically incapacitated at time of marriage to comply with essential provision under the principle of ejusdem generis.
marital obligations (Art 36) -interpret provision in case-to-case basis
5. incestuous marriage (Art 37) - no prohibition for a person proven to have psychological incapacity to marry again
6. by reason of public policy (Art 38) -gravity subject cannot carry out normal and ordinary duties of marriage and family
-If foreign spouse obtained the divorce abroad capacitating him to remarry, the Filipino shouldered by any average couple under ordinary circumstances of life and work
spouse shall have capacity to remarry not applicable if Filipino obtained the divorce -antecedence roots of the trouble can be traced on the subject even before the marriage
-confirmation from foreign court of the divorce decree is now needed -incurability treatments required exceed ordinary means of the subject, or involve time and
expense beyond the reach of the subject
Article 35 — The following shall be void from the beginning: -Who can file action to declare marriage void? Either party, even the psychologically
(1) Those contracted by any party below eighteen years of age even with the consent of incapacitated.
parents or guardians; -action to declare the marriage void DOES NOT prescribe
(2) Those solemnized by any person not legally authorized to perform marriages unless
such marriages were contracted by both parties believing in good faith that the solemnizing Article 37 — Marriages between the following are incestuous and void from the beginning,
officer had legal authority to do so; whether the relationship between parties is legitimate or illegitimate:
(3) Those solemnized without a license, except those covered by the preceding Chapter; (1) Between ascendants and descendants of any degree; and
(4) Those bigamous or polygamous marriages not falling under Article 41; (2) Between brothers and sisters, whether of the full or half-blood.
(5) Those contracted through mistake of one contracting party as to the identity of the other;
and Article 38 — The following shall be void from the beginning for reasons of public policy:
(6) Those subsequent marriages that are void under Article 53. (1) Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth
civil degree;
(2) Between step-parents and stepchildren; Ground for Who can file action Period of Ratification
(3) Between parents-in-law and children-in-law; Annulment Prescription
(4) Between the adopting parent and the adopted child; Lack of Parental 1. Party underage Within 5 years after Free cohabitation
(5) Between the surviving spouse of the adopting parent and the adopted child; Consent attaining 21 after reaching 21
(6) Between the surviving spouse of the adopted child and the adopter; 2. Parent or Before child
(7) Between an adopted child and a legitimate child of the adopter; guardian reaches 21
(8) Between adopted children of the same adopter; and Insanity of one 1. Sane spouse Before death of one Free cohabitation
(9) Between parties where one with the intention to marry the other, killed that person’s party party after insane regains
spouse or his or her own spouse. sanity
2. Guardian of Before death of one
-Against public policy because: insane spouse party
1. deleterious effect of such marriages on the offspring 3. Insane person During lucid
2. offensive to one’s sensibilities for a parent-in-law to marry the child-in-law interval or after
3. adoption creates legal fiction; parent-in-law is void to marry a child-in-law regaining sanity;
4. immoral to marry adopted sibling because adoption creates legal fiction also before death of
5. same as no. 4 other party
6. killing other spouse “with intention to marry” another one. Fraud Injured party Within 5 years Free cohabitation
from discovery of after knowledge of
Relationships not barred by Art 37 and 38 fraud fraud
1. brother-in-law and sister-in-law; Force, Injured party Within 5 years Free cohabitation
2. Stepbrother and stepsister; intimidation, or from cessation of after cause has
3. guardian and ward undue influence cause disappeared
4. Adopted and illegitimate child of adopter; Impotence of one Potent party Within 5 years after Cannot be ratified,
5. Adopted son of the husband and adopted daughter of the wife party marriage but action
6. Convicted of concubinage or adultery prescribes
Serious sexually Healthy party Within 5 years after Cannot be ratified
Article 55 — A petition for legal separation may be filed on any of the following grounds:
transmissible marriage but action
1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a
disease prescribes
common child, or a child of the petitioner;
2. Physical violence or moral pressure to compel petitioners to change religious or political
affiliation;
3. Attempt of respondent to corrupt or induce the petitioner, common child, or a child of
petitioner, to engage in prostitution, or connivance in such corruption or inducement;
4. Final judgment sentencing the respondent to imprisonment of more than six years, even
If pardoned;
5. Drug addiction or habitual alcoholism of the respondent;
6. Lesbianism or homosexuality of the respondent;
7. Contracting by respondent a subsequent bigamous marriage, whether in the Philippines
or abroad;
8. Sexual infidelity or perversion;
9. Attempt of respondent against the life of petitioner;
10. Abandonment of petitioner by respondent without justiciable cause for more than one
year.
For purposes of this Article, the term “child” shall include a child by nature of nature or by
adoption.