VOID VOIDABLE

Nature No legal effect Valid until annulled

Means of Impugning/Attack Declaration of nullity Petition for annulment

Manner/Kind of Attack Direct or collateral Direct

According to Art 47:

1. party below 18 within 5 years after reaching 21
years old
2. guardian/parent not giving consent before party
turns 21 years old
3. unsound mind after coming to reason/lucid interval
--
Who may file and when to file 4. sane party if unaware of other’s insanity
By any interested party
action 5. guardian of insane
6. party subjected to fraud, within 5 years after
discovery of fraud
7. party subjected to force, within 5 years after
cessation of force
8. physical incapacity and STD, within 5 years from
marriage

Art 39 Action or defense is imprescriptible, maybe
raised anytime even after death of the parties if
necessary to determine rights
Prescription
5 yrs after discovery of fraud/removal of force/from
marriage (refer to the table above for more details)
Art 45(2) unsound mind: anytime during lifetime
because insanity may recur

Property Regime Art 147 co-ownership ACP or CPG

Children Art 50 (exclusion of effect number 1) and Art 54 Art 54: Conceived/born
illegitimate, except for those under Art. 36 and Art. 53 BEFORE decree of annulment: legitimate AFTER decree
of annulment: illegitimate
Mother unless found to be unfit (Tender Years Art 49 Court decides the custody in absence of written
Presumption) agreement between the spouses
TYP according to Art 213, FC: “No child under seven Below 7 years old: mother, unless unfit (Tender Years
shall be separated from the mother unless the court Presumption)
Child Custody finds compelling reasons to order otherwise.” Above 7 years old: children’s choice taken into
consideration, unless choice is unfit for sole parental
authority

I. Art 4 (absence of formal or essential requisites of Art 45

Grounds for Action
marriage) 1. one of the parties is 18-25 and no parent consent
ESSENTIAL (Art 2) 2. unsound mind
1) legal capacity, must be man and woman (age and 3. consent obtained by fraud, as defined by Art 46 is
no impediments: family relations and previous concealment of:
marriage) a) conviction by final judgment of moral turpitude
2) consent freely given in the presence of solemnizing b) pregnancy by man other than hubby
officer c) habitual alcoholism, drug addiction,
FORMAL (Art 3)
1) Authorized solemnizing officer (Art 7)
 a. incumbent judiciary member
b. priest, rabbi, imam or minister of any religious sect,
duly authorized and registered with the civil registrar
general
c. ship captain and airplane chief only in Art 31
(articulo mortis)
d. military commander of a unit to which a chaplain is
assigned, Art 32 (articulo mortis)
e. consul, vice consul and consul general for Filipinos
abroad
€ mayors also authorized by LGC
2) Valid marriage license except for marriages of
exceptional character
- Art 9 ML shall be issued by local civil of habitual
residence of either party
- Art 10 for Filipinos abroad, the consular office will
take the role of local civreg
- Art 11 two application for one ML
- Art 12 Proofs of age
A original or certified copies of birth cert B original or
certified copies of baptismal C residence certificate
Grounds for Action
witness by 2 witness, preferably nearest kin
Proof of age dispensed with if:
A parents appear personally
B local civil registrar convinced C previously married
- Art 13 If previously married:
A death cert, if unavailable, affidavit about
circumstance of death & civstat B judicial decree of
absolute divorce/ annulment/declaration of nullity
C declaration of presumptive death
- Art 14 parents’ consent for 18-21
- Art 15 parents’ advice for 21-25
- Art 16 marriage counseling for both even if only 1 is
required. Failure to do so suspends issuance of ML for
90 days
- Art 17 posted for 10 consecutive days
- Art 18 impediment written in application for ML, will
issue unless: a) stopped by court b) interested party
- Art 19 fees for issuance of ML
- Art 20 valid in the Phil for 120 days
- Art 21 for foreigners and citizens of their country,
certificate of legal capacity to marry should be
obtained in their consular offices; for stateless
persons, affidavit to local civil registrar
- Art 22 contents of marriage certificate
- Art 23 Duty of solemnizing officer
A Furnish couple with original marcertif
lesbianism or homosexuality
d) STD (regardless of severity)
4. consent obtained by force, intimidation or undue
influence
5. incurable physical incapability to consummate
marriage
6. incurable and serious STD
Art 42 Subsequent marriages after reappearance of
spouse absent are automatically terminated by filing of
affidavit of reappearance
ABSENCE
Art 41 Declaration of presumptive death
- absent for 4 consecutive years with well-founded
belief that he is dead
- Art 391 (danger of death): 2 years, tho only for
purposes of remarriage
€ shortened Civil Code time because of latest advances
in technology which facilitates more efficient
communication
€ as Mam Beth would always say “he better be dead!”
Art 391, CC
1) on board a vessel lost during sea voyage, airplane
missing
2) in the armed forces, taken part in war
3) danger of death under other circumstances
Art 43 Effects of termination of subsequent marriage
due to reappearance of spouse absent
1. children conceived prior to termination shall be
considered legitimate, custody and support decided by
the Court
2. ACP/CPG dissolved and liquidated, if either spouse
contracted marriage in bad faith, his/her share of net
profits of ACP/CPG forfeited in favor of
- common children
- guilty spouse’s children
- innocent spouse
3. donations (donation propter nuptias) shall remain
valid except if the donee contracted marriage in bad
faith
4. innocent may revoke designation of other spouse as
beneficiary in insurance policy even if latter is
irrevocable
 B Send duplicate and triplicate of marriage certificate 5. spouse who contracted subsequent marriage in
to local civil registrar within 15d bad faith disqualified to inherit from intestate and
C Keep quadruplicate of marriage certificate, original testate succession
ML and affidavit of wedding elsewhere (Art 8)
3) Ceremony wherein both parties appear before a
solemnizing officer and make personal declarations
that they take each other as husband and wife, with at
least two witness of legal age
- Art 6 does not prescribe any form of ceremony as
long as
1 personal appeared
2 declaration of taking each other as husband and wife
in the presence of solemnizing officer
3 signing of marriage certificate
4 at least two witnesses of legal age
- Art 8 places of solemnizing marriage
1 chambers of judge, open court, church, chapel,
temple
2 office of consul-general, consul, vice- consul
3 EXCEPT when
a) articulo mortis (Art 29)
Grounds for Action
b) remote place (Art 29)
c) both parties request in writing, sworn statement to
solemnize somewhere else
II. Art. 35
1. below 18 years old
2. solemnized by a person not legally authorized to
perform marriage except in cases where either or both
of the parties believe his authority in good faith
3. solemnized without valid marriage license unless
marriage of exceptional character
- Art 27 (articulo mortis: airplane chief, ship captain,
A31 or military comm A32)
- Art 28 (residence is isolated location)
- Art 33 (Muslim or ethnic group)
- Art 34 (cohabit for 5 years)
4. bigamous or polygamous except for Article 41
(absence)
5. contracted by mistake of identity
6. subsequent marriages that are void under Art 53
(noncompliance of filing the requirements for
judgment of annulment or absolute nullity in Art 52)
III. Art 36 (psychological incapacity)
 Guidelines laid down in (Molina v CA) 1 burden of
proof in the plaintiff
2 root cause must be medically/clinically identified and
alleged in the complaint
3 exists at the time of the marriage 4 incurable
5 grave enough to bring about disability to perform
marital obligations
6 marital obligation in Art 68-71, 220-221 & 225 of
Family Code
7 decision of National Appellate Matrimonial Tribunal of
Catholic Church 8 participation of prosecuting attorney
to protect state interest in sanctity of family
IV. Art 37 (incestuous marriages)
1. between ascendants and descendants
2. between brothers and sisters; half- blood or full-
blood
V. Art 38 (violation of public policy)
1. collateral blood relatives, illegitimate or legitimate,
up to 4 degree
th

2. step-parents and step-children

3. parents-in-law and children-in-law
4. adopted parent and adopted child
5. surviving spouse of adopter and adopted child
6. surviving spouse of adopted child and adoptive
parent
7. adopted children and legit children
8. adopted children of the same adopter
9. killed spouse (own or other) with the to intention to
marry
VI. Art 44 (subsequent marriage in the absence of
spouse contracted in bad faith)

Art 45
1. party without parental consent, by cohabiting freely
after attaining 21
2. only by insane spouse (sane cannot ratify because
the defect in consent is with the insane)
3. victim of fraud, if freely cohabited after discovery of
fraud
4. victim of force, if freely cohabited after cessation of
Defenses/ Ratification Cannot be ratified
force or undue influence
STD and physical incapability not subject to ratification
because incurable

Pendency of Decree Art 49 In the absence of written agreement bet spouses

Court shall provide for the ff:
1. support of the spouses
2. custody and support of common children as well as
No law for pendency
visitation rights of other parent
 Art 50 Art 43 par 2, 3, 4, 5 (termination of subsequent
marriage when spouse absent reappears)
2) ACP/CPG liquidated, partitioned and distributed; if
bad faith, forfeit share of net profit in favor of:
common children, guilty party’s children and in default
of children, innocent spouse
3) donation propter nuptias are valid, except for bad
faith
4) revoke the designation of other spouse as
beneficiary in insurance even if irrevocable (specific
prevails over gen)
5) bad faith disqualified from inheriting from innocent
spouse by testate and intestate succession
Art 44 marriage contracted by both in bad faith €
donations by reason of marriage revoked by law
Art 371, CC In annulment
- If wife is guilty, she resumes maiden name
Effects of Action - If wife is innocent, she has the option to go back
or retain UNLESS
a) Court says otherwise
b) husband remarries
Art 50 Art 43 par (2, 3, 4, 5)
1. liquidation, partition and distribution of properties
2. custody and support of common children
3. delivery of their presumptive legitimes
4. creditors notified
5. conjugal dwelling and lot goes to parent having
choice custody of majority of common children, below
seven chose mother (Art 102 & 129)
€ unless adjudicated in previous judicial proceedings
Art 51 Presumptive legitimes of children
- computed from time of judgment
- delivered in cash, property or sound securities
- child or guardian may ask for enforcement of
judgment
- shall not prejudice the ultimate successional rights
of children
Art 52 Recorded in the civil registry and registries of
properties:
- Judgment of annulment or of absolute nullity
- Partition, distribution of properties
- Delivery of children’s presumptive legitimes
€ or else not affect third persons
Art 53 either of the former spouse may remarry but
failure to comply with Art 52 renders subsequent
marriage null & void

Convalidation/ Reconciliation Art 45 Except for physical incapacity to consummate

marriage and STD, grounds are convalidated by free
cohabitation

--

VOIDABLE MARRIAGES
GROUNDS WHO CAN FILE? WHEN TO FILE? WHO CAN RATIFY?
Parent who didn’t give Before the party
18-21 BUT NO PARENT consent reaches 21
Party without parent consent
CONSENT Party without parent’s Within 5 years after turning
consent 21
Sane and unknowing spouse
Anytime before death of
either party Insane spouse only (because the
defect of consent is with him)

UNSOUND MIND
 Anytime before death of
Legal guardian of insane either party Insane spouse only (because the
defect of consent is with him)
Insane spouse During lucid interval or after
UNSOUND MIND regaining sanity
CONSENT OBTAINED BY FRAUD Within 5 yrs after discovery
of fraud

CONSENT OBTAINED BY FORCE, Within 5 yrs after cessation of

UNDUE INFLUENCE AND force, etc
INTIMIDATION
Injured party
INCURABLE PHYSICAL
INCAPACITY

Within 5 yrs after Cannot be ratified because ratification only cures defec
INCURABLE AND SERIOUS marriage CONSENT and not PHYSICAL
SEXUALLY TRANSMITTED
DISEASE
Injured party
VOIDABLE
thin 5 years after reaching 21
ot giving consent before party
er coming to reason/lucid interval
ware of other’s insanity
e
fraud, within 5 years after
force, within 5 years after
y and STD, within 5 years from
fraud/removal of force/from
table above for more details)
d: anytime during lifetime
ecur
n Legitimate (Art 50)
ulment: legitimate AFTER decree
ate
he custody in absence of written
e spouses
her, unless unfit (Tender Years
dren’s choice taken into
hoice is unfit for sole parental
18-25 and no parent consent
fraud, as defined by Art 46 is
udgment of moral turpitude
other than hubby
drug addiction,
LEGAL SEPARATION DE FACTO SEPARATION
Marriage bonds still subsist; Separation by a mensa No legal recognition
et thoro (bed and board)
Petition for legal separation --
Direct --
Only the spouses --
Art 57 5 years from the date occurrence of
cause/ground for LS
--
ACP or CPG ACP or CPG
Legitimate
DURING PENDENCY: --
Art 62 provides the application of Art 49
AFTER FINAL DECREE:
Art 63 (4) custody awarded to the innocent spouse
subject to Art 213, FC
€ decided by the Court taking into account all relevant
info and child’s choice, unless chosen parent is unfit
Art 55
1. repeated physical abuse of petitioner, common
child and petitioner’s child
2. moral or physical pressure to change political or
religious beliefs
--
3. attempt to corrupt or induce petitioner, child of
petitioner or common child to prostitution or
connivance in such act
 uality
severity)
force, intimidation or undue
capability to consummate
s STD
rriages after reappearance of
omatically terminated by filing of
ce
resumptive death
ecutive years with well-founded
4. final judgment sentencing respondent more than
six years in prison even if pardoned
5. drug addiction or habitual alcoholism
6. lesbianism or homosexuality
7. respondent’s bigamous marriage here or abroad
8. sexual infidelity or perversion
9. attempt at the life of petitioner
10. abandonment without justifiable cause for more
than one year
Art 97, CC
1. adultery of wife or concubinage of husband
2. attempt at the life of the other

f death): 2 years, tho only for

e
time because of latest advances
cilitates more efficient

always say “he better be dead!”

st during sea voyage, airplane

taken part in war

der other circumstances
nation of subsequent marriage
f spouse absent
rior to termination shall be
custody and support decided by

and liquidated, if either spouse

bad faith, his/her share of net
eited in favor of

en

propter nuptias) shall remain

ee contracted marriage in bad

e designation of other spouse as

e policy even if latter is
tracted subsequent marriage in
ed to inherit from intestate and

tal consent, by cohabiting freely
se (sane cannot ratify because
s with the insane)
eely cohabited after discovery of
ely cohabited after cessation of
ce
pability not subject to ratification
of written agreement bet spouses
the ff:
ouses
ort of common children as well as
r parent
Art 56
1. condonation (forgiveness)
2. consent (permission)
3. connivance (3 party and active participation)
rd
4. recrimination (clean hands)
5. collusion (agreement bet spouses)
6. prescription (Art 57)
REQUISITES OF LEGAL SEPARATION
--
Art 58 6 months cooling off period Art 59 steps to
reconciliation Art 60 no stipulation of facts or
confession of judgment accepted; participation of state
in form of prosecuting attorney
Art 61 Effects of Filing of Petition:
1. entitled to live separately
2. designate third party for administration of
ACP/CPG
--
Art 62 Art 49 applies
- moral and material well being of children taken
into consideration
- children’s choice of parent
, 4, 5) Art 63 Art 100/Art 127 De facto separation shall not affect
on and distribution of properties 1. live separately but marriage bonds not severed ACP/CPG except that
ort of common children 2. ACP/CPG dissolved and liquidated but offender 1. spouse who leaves conjugal home or refuses to live
resumptive legitimes has no right to net profits, forfeited in favor of A43(2) there shall not have right to be supported
3. custody of minor children awarded to innocent 2. consent of one spouse to transaction of the other,
and lot goes to parent having spouse, subject to Art 213 (parental authority judicial authorization may be obtained in summary
rity of common children, below designated by court, take consideration all relevant proceeding (Art 239)
Art 102 & 129) info and choice of child unless unfit) 3. absence of sufficient CPG, separate property of both
previous judicial proceedings 4. offender disqualified from inheriting by both spouses shall be solidarily liable for the support of the
itimes of children intestate and testate family. Spouse present shall be given judicial authority to
me of judgment Art 64 administer or encumber specific separate property
property or sound securities - innocent may revoke all donation from offender, Art 239 petition for judicial authorization when consent
may ask for enforcement of like insurance policy of spouse is withheld or cannot be obtained
- registered lien or alienation must be respected Art 242 spouse shall be notified by the petition, ordering
e the ultimate successional rights - action to revoke donation brought within 5 years to show cause why it should not be granted. To be
Art 372, CC Wife’s mandatory retention of name prior served at the last known address of spouse
civil registry and registries of to legal separation because affected no change to her Art 213 (parental authority designated by court, take
marital status consideration all relevant info and choice of child unless
ulment or of absolute nullity unfit)
ion of properties
n’s presumptive legitimes
d persons
mer spouse may remarry but
Art 52 renders subsequent

cal incapacity to consummate
unds are convalidated by free
Art 65 Joint manifestation under oath filed in the same
court of legal separation
Art 66 Reconciliation shall have the following effects:
1. if legal separation still pending, shall be
terminated at whatever stage
--
2. if final decree, shall be set aside but separation of
property and forfeiture of guilty spouse’s share

subsist unless spouses agree to revive former regime

Art 67 Former property relations may be revived, but
requires a statement accomplished under oath and
filed in the same court as the proceedings for
separation shall specify the ff:
1. Properties contributed anew
2. Properties to remain separate
3. Names of all known creditors and amounts owed

HOW TO RATIFY?

Free cohabitation after

attaining age 21

Free cohabitation after

regaining sanity
 Free cohabitation after
regaining sanity

Free cohabitation

ed because ratification only cures defect in

not PHYSICAL