VALID MARRIAGE

Essential Requisites
1. Legal Capacity
a. Man and Woman
b. At least 18 yrs old
c. No Impediment:
i. no prior marriages
ii. no unrecognized foreign divorce decree
iii. filial
iv. other relationship between the prospective spouses
2. Consent
a. freely given
b. in the presence of the solemnizing officer

Formal Requisites
3. Marriage Ceremony (no prescribed religion)
a. Contracting parties to appear before the solemnizing officer
b. Declare they take each other as husband and wife (must be contained in the
marriage certificate signed by contracting parties and witnesses, attested by
solemnizing officer)
c. At least 2 witnesses of legal age
4. Authority of Solemnizing Officer
a. Any incumbent member of the Judiciary within the court’s jurisdiction
b. Any priest, rabbi, imam, or minister of any church or religious sect duly
authorized
c. Any ship captain or airplane chief only in the case mentioned in Art. 31
d. Any military commander of a unit to which a chaplain is assigned, in the absence
of the chaplain, during a military operation (Art. 32)
e. Any consul-general, consul, or vice-consul of the Republic of the Philippines
(marriages abroad, Art. 10)
5. Valid Marriage License (except provided by Chap. 2 of the Title)
a. Issued by local civil registrar of the city/municipality where either contracting
party habitually resides
b. In case either or both of the contracting parties are at point of death, no need for
marriage license
c. If the residence of either party is located where there is no means of transportation
to enable such party to appear personally before the local civil registrar, no need
for marriage license
d. Marriages among Muslims or ethnic cultural communities, no need for marriage
license provided they are solemnized in accordance with their customs, rites, or
practices

When does a marriage not need a marriage license?

-Man and woman have lived together as husband and wife for AT LEAST 5 years without any
legal impediment to marry each other
LAW GOVERNING VALIDITY OF MARRIAGES ABROAD

Art. 26 (2): Fil + alien —> divorce = will be recognized under Philippine law

Republic vs Orbecido
Fil + Fil naturalized (secured divorce) —> divorce = will be recognized under Philippine law

Republic vs Manalo
Alien + Filipino (divorced in Japan) —> divorce = will be recognzsed under Philippine law

Applies even if:

*married in the Philippines
*married in Japan, went back Phil, divorced in Japan
VOID MARRIAGES

Art. 4
 The absence of any of the ESSENTIAL or FORMAL requisites shall render the marriage VOID
AB INITIO, except as stated in Art. 35 (2)
 A DEFECT in any of the ESSENTIAL requisites shall render the marriage VOIDABLE as
provided in Art. 45
 An IRREGULARITY in the FORMAL requisites shall NOT affect the validity of marriage
o But the Party or Parties responsible for the irregularity shall be civilly, criminally, and
administratively liable

E + F = valid
No E + F = void
E + No F = void except when parties believed in good faith that solemnizing officer has authority
Defective E + F = voidable
E + Defective F = valid but solemnizing officer, civ. crim. admin. Liable

What are VOID MARRIAGES? (Arts. 35-38, 41-

1. Those contracted by any Party BELOW 18 years of age, even WITH consent of his parents or
guardian (Art. 35)
2. Those solemnized by any person NOT legally authorized to perform marriages (Art. 35)
o UNLESS such marriages were contracted with either or both parties believing in GOOD
FAITH that the solemnizing officer had the legal authority to do so
3. Those solemnized WITHOUT a MARRIAGE LICENSE (Art. 35)
o EXCEPT in situations provided for by Arts. 27-34
4. Those BIGAMOUS or POLYGAMOUS marriages NOT falling under Art. 41 (Art. 35)
5. Those contracted through MISTAKE of ONE contracting party as to the IDENTITY of the other
(Art. 35)
6. Those SUBSEQUENT marriages that are void under Art. 53 (Art. 35)
7. A marriage contracted by ONE who was PSYCHOLOGICALLY INCAPACITATED to comply
with the ESSENTIAL marital obligations of marriage AT THE TIME of the celebration (Art. 36)
 even if incapacity becomes manifest only after its solemnization
8. Marriages between ASCENDANTS and DESCENDANTS of any degree and BROTHERS and
SISTERS, whether full or half blood, and in both instances, whether legitimate or illegitimate
(Art. 37)  Incestuous
9. Marriages AGAINST public policy between (Art. 38):
o Collateral blood relatives, whether legitimate or illegitimate, up to the 4th civil degree
o Step-parents and step-children
o Parents-in-law and children-in-law
o Adopting parent and adopted child
o Surviving spouse of the adopting parent and the adopted child
o Surviving spouse of adopted child and the adopter
o Adopted child and legitimate child of the adopter
o Adopted children of the same adopter
o Parties where one, with the intention to marry the other, killed that other person’s spouse
or his or her own spouse
10. Subsequent marriage under Art. 41, void due to mutual bad faith of the parties (Art. 44)
THE SUBSEQUENT MARRIAGE UPON REAPPEARANCE OF ABSENT SPOUSE

Art. 41
 A marriage contracted by any person during SUBSISTENCE of a PREVIOUS marriage  NULL
and VOID
o UNLESS before the celebration of the subsequent marriage, the PRIOR spouse  absent
for 4 consecutive years and the spouse present had a well-founded belief that the absent
spouse was already dead
 In case of disappearance where there is DANGER of DEATH under the circumstances set forth in
the provisions of Art. 391 NCC
o ABSENCE of only 2 years shall be sufficient
 For the purpose of contracting the subsequent marriage under the preceding paragraph^, the spouse
present must institute a summary proceeding, as provided in this Code,
o For the declaration of PRESUMPTIVE death of the absentee (prior spouse), without
prejudice to the effect of REAPPEARANCE of the absent spouse
 Requisites for Declaration of Presumptive Death: (MRWS)
1. That the absent spouse has been missing for 4 consecutive years (or 2 consecutive years if
the disappearance occurred where there is danger of death under circumstances of Art. 391
of NCC)
2. Present spouse wishes to remarry
3. Present spouse has a well-founded belief that the absentee is dead
4. Present spouse files a summary proceeding for the declaration of presumptive death of the
absentee.

Art. 42
 The subsequent marriage referred to in the preceding article (Art. 41) shall be AUTOMATICALLY
TERMINATED
o By the recording of the affidavit of REAPPEARANCE of the absent spouse, UNLESS
there is a judgment ANNULLING the previous marriage or declaring the previous
marriage VOID ab initio
 A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil
registry of the RESIDENCE OF THE PARTIES to the SUBSEQUENT marriage at the instance of
any interested person
o with due notice to the spouses of the subsequent marriage
o without prejudice to the fact of reappearance being judicially determined, in case such fact
is disputed
Art. 43
 The TERMINATION of the SUBSEQUENT marriage referred to in the preceding article (Art. 42)
shall produce the following EFFECTS:
1. Children of the subsequent marriage received prior to its termination
 shall be considered LEGITIMATE
 their custody and support, in case of dispute, shall be decided by the court in a
proper proceeding
2. The absolute community of property or CONJUGAL PARTNERSHIP, as the case may be,
shall be DISSOLVED and LIQUIDATED
 But if either spouse contracted in BAD FAITH  his or her share of the net profits
of the community property or CONJUGAL PARTNERSHIP property  shall be
FORFEITED in favor of:
 the COMMON children or
  if no common children, children of GUILTY spouse by a previous
marriage or
 in default of children, the INNOCENT spouse
3. DONATIONS, by reason of marriage, shall remain VALID
 EXCEPT that if the DONEE contracted the marriage in BAD FAITH
 such donations made to done are REVOKED by operation of law
4. The INNOCENT spouse may REVOKE the designation of the OTHER SPOUSE, who
acted in bad faith, as BENEFICARY in any insurance policy, even if such designation be
stipulated as irrevocable
5. The SPOUSE who contracted the subsequent marriage in BAD FAITH
 shall be DISQUALIFIED to INHERIT from the innocent spouse by testate and intestate
succession

Art. 44
 If BOTH spouses of the SUBSEQUENT marriage acted in BAD FAITH, said marriage shall be
VOID ab initio
o And ALL donations by reason of marriage and testamentary dispositions made by one in
favor of the other  are REVOKED by operation of law

Death of absentee
Art. 390
 After an absence of 7 years, it being unknown whether or nor the absentee still lives
 he shall be PRESUMED DEAD for ALL purposes, EXCEPT for those of SUCESSION
 The absentee shall NOT be presumed dead for the purpose of opening his SUCCESSION until after
an absence of 10 years.
o If he disappeared after the age of 75 years old
 an absence of 5 years shall be SUFFICIENT in order that his succession may
be opened
Article 391
 The following shall be presumed DEAD for ALL purposes, including the division of the estate
among the heirs: (4 years)
1. A person ON BOARD a vessel lost during a sea voyage, or an aeroplane which is
missing, who has not been heard of for 4 years since the loss of the vessel or aeroplane
2. A person in the ARMED FORCES who has taken part in war, and has been missing
for 4 years
3. A person who has been in DANGER OF DEATH under other circumstances and his
existence has not been known for 4 years
Nullity of Marriage
The Action or Defense for the Declaration of Nullity of a Marriage shall not prescribe

WHO CAN INVOKE NULLITY?

-the husband or the wife
Art. 36
 A marriage contracted by any party who, at the time of the celebration, was PSYCHOLOGICALLY
INCAPACITATED to comply with the essential marital obligations of marriage, shall likewise be
VOID
o Even if such incapacity becomes manifest only after its solemnization
Art. 39
 The action or defense for the declaration of absolute nullity of a marriage shall not prescribe.
(Marriage can be annulled anytime)
Art. 40
 The ABSOLUTE NULLITY of a PREVIOUS marriage may be invoked
o For purposes of REMARRIAGE on the basis solely of a FINAL JUDGMENT declaring
such previous marriage void

Void vs Voidable marriage

-A marriage that is ANNULLABLE is valid, until otherwise declared by court. This can be ratified by free
cohabitation or prescription.

Void ab initio Voidable

-considered never to have taken place -cannot be assailed collaterally except in a direct
-cannot be the source of rights proceeding
-can never be ratified -can be assailed only during the lifetime of the
-can be attacked collaterally parties, not after the death of either
-can be questioned even after the death of either -only parties to a voidable marriage can assail
party the marriage
-any proper interested party may attack a void -property is conjugal partnership
marriage -children (before annulment) are legitimate
-have no legal effects EXCEPT those declared by
law concerning the properties of the alleged
spouses (regarding co-ownership)
WHEN TO FILE ACTION FOR DECLARATION OF NULLITY?
Art. 39
 The action or defense for the declaration of absolute nullity of a marriage shall not prescribe.
 You can annul ANYTIME. There is no prescriptive period.
Art. 255
 If any provision of this Code is held invalid, all the other provisions not affected thereby shall
remain valid.
Art. 256
 This Code shall have retroactive effect insofar as it does not prejudice or impair vested or
acquired rights in accordance with the Civil Code or other laws.

WHERE TO FILE FOR NULLITY?

 In the Family Court
Art. 42(2)
 A sworn statement of the fact and circumstances of reappearance shall be recorded 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 the spouses of the subsequent marriage and without prejudice to the
fact of reappearance being judicially determined in case such fact is disputed

PROCEDURE IN ACTIONS FOR DECLARATION OF NULLITY

VALID REMARRIAGE
Requisites for a Valid Remarriage
1. A Declaration of Nullity of a Void Marriage
2. An Annulment of a Voidable Marriage
3. A Declaration of Presumptive Death of the first spouse
4. Death of the first spouse

Safeguards against collusion applicable to all petitions for a Declaration of Nullity of a Void
Marriage and an Annulment of a Voidable Marriage

Art. 48
 In all cases of annulment or declaration of absolute nullity of marriage
o the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf
of the State to:
 take steps to prevent collusion between the parties
 to take care that evidence is not fabricated or suppressed
 In the cases referred to in the preceding paragraph^, no judgment shall be based upon:
o a stipulation of facts or
o confession of judgment

Psychological Incapacity

Art. 36
 A marriage contracted by any party who, at the time of celebration, was PSYCHOLOGICALLY
INCAPACITATED to comply with:
1. the essential marital obligations of marriage  shall likewise be VOID, even if such
incapacity becomes manifest only AFTER its solemnization.
Legal Separation

Art. 55
 A petition for legal separation may be filed on the following grounds:
1. Repeated physical violence or grossly abusive conduct directed against petitioner, a
common child, or a child of the petitioner
2. Physical violence or moral pressure to compel the petitioner to change religious or political
affiliation
3. Attempt of respondent to corrupt or induce petitioner, a 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 6 years, even if
pardoned
5. Drug addiction or habitual alcoholism of the respondent
6. Lesbianism or homosexuality of the respondent
7. Contracting by the respondent of a subsequent bigamous marriage, whether in the
Philippines or abroad
8. Sexual infidelity or perversion
9. Attempt by respondent against the life of the petitioner
10. Abandonment of petitioner by respondent without justifiable cause for more than one year