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    Article 147 - Family Code

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    Thirdy Demonteverde
    The document discusses a case involving the nullity of marriage between parties A and B. While A and B married in 1998, A filed for nullity in 2001 claiming psychological incapacity of B. The trial court granted the nullity but ordered liquidation of properties under Article 147 of the Family Code. Article 147 applies when parties live as husband and wife without a valid marriage. The suggested answer is that the trial court was incorrect because Article 147 applies in this case and the proper procedure is to issue the decree of nullity after liquidating properties, not as a condition to issuing the decree.

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    Article 147 - Family Code

    Uploaded by

    Thirdy Demonteverde
    279 views1 page
    The document discusses a case involving the nullity of marriage between parties A and B. While A and B married in 1998, A filed for nullity in 2001 claiming psychological incapacity of B. The trial court granted the nullity but ordered liquidation of properties under Article 147 of the Family Code. Article 147 applies when parties live as husband and wife without a valid marriage. The suggested answer is that the trial court was incorrect because Article 147 applies in this case and the proper procedure is to issue the decree of nullity after liquidating properties, not as a condition to issuing the decree.

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    Article 147 - Family Code

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    The document discusses a case involving the nullity of marriage between parties A and B. While A and B married in 1998, A filed for nullity in 2001 claiming psychological incapacity of B. The trial court granted the nullity but ordered liquidation of properties under Article 147 of the Family Code. Article 147 applies when parties live as husband and wife without a valid marriage. The suggested answer is that the trial court was incorrect because Article 147 applies in this case and the proper procedure is to issue the decree of nullity after liquidating properties, not as a condition to issuing the decree.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    279 views1 page

    Article 147 - Family Code

    Uploaded by

    Thirdy Demonteverde
    The document discusses a case involving the nullity of marriage between parties A and B. While A and B married in 1998, A filed for nullity in 2001 claiming psychological incapacity of B. The trial court granted the nullity but ordered liquidation of properties under Article 147 of the Family Code. Article 147 applies when parties live as husband and wife without a valid marriage. The suggested answer is that the trial court was incorrect because Article 147 applies in this case and the proper procedure is to issue the decree of nullity after liquidating properties, not as a condition to issuing the decree.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    NAME: COLINA, JUDD MARX C.

    CASE TITLE: Alain M. Dio v. Maria Caridad L. Dio, G.R. No. 178044, January 19, 2011

    TOPIC: PERSONS AND FAMILY RELATIONS

    SUB-TOPIC: Property Regime Without the Benefit of Marriage; Article 147, Family Code

    PRINCIPLE: Article 147 of the Family Code applies to union of parties who are legally
    capacitated and not barred by any impediment to contract marriage, but whose marriage is
    nonetheless void.

    BAR QUESTION:

    A (petitioner) and B (respondent) were childhood friends and sweethearts. They decided
    to marry each other on January 14, 1998. However on 2001, A filed an action for nullity of
    marriage on the ground of Psychological Incapacity alleging that respondent failed in her marital
    obligation to give love and support to him, and had abandoned her responsibility to the family,
    choosing instead to go on shopping sprees and gallivanting with her friends that depleted the
    family assets. The trial court granted the petition but ordered that a Decree of Absolute Nullity of
    Marriage shall be issued only after liquidation, partition and distribution of the parties properties
    under Article 147 of the Family Code. Is the court correct?

    SUGGESTED ANSWER:

    No, the court is not correct.

    For Article 147 of the Family Code to apply, the following elements must be present;
    1. The man and the woman must be capacitated to marry each other;
    2. They live exclusively with each other as husband and wife; and
    3. Their union is without the benefit of marriage, or their marriage is void

    All these elements are present in this case and there is no question that Article 147 of the
    Family Code applies to the property relations between petitioner and respondent. The trial court
    erred in ordering that a decree of absolute nullity of marriage shall be issued only after
    liquidation, partition and distribution of the parties properties under Article 147 of the Family
    Code.

    Further, Section 19(1) of the Rule on Declaration of Absolute Nullity of Null Marriages
    and Annulment of Voidable Marriages provides that If the court renders a decision granting the
    petition, it shall declare therein that the decree of absolute nullity or decree of annulment shall be
    issued by the court only after compliance with Articles 50 and 51 of the Family Code as
    implemented under the Rule on Liquidation, Partition and Distribution of Properties. In this
    case, petitioners marriage to respondent was declared void under Article 36 of the Family Code
    and not under Article 40 or 45. Thus, what governs the liquidation of properties owned in
    common by petitioner and respondent are the rules on co-ownership.

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