VOID AND VOIDABLE MARRIAGE

Void Marriage Voidable Marriage

GROUNDS FOR ANNULMENT: ARTICLE 45 OF FAMILY CODE
Inexistent from time of Valid until annulled by
1. As to nature:
performance competent court
Grounds for Who can file Period of Convalidation
Can be convalidated either Annulment action? Prescription or Ratification
2. As to susceptibility of
Cannot be convalidated. by free cohabitation or
convalidation.
prescription. Within 5 years
(1) Party under age after attaining 21
Free cohabitation
Absolute community exists 1. Lack of parental YO
No community property; after reaching 21
3. As to effect on unless another system is consent
only co-ownership (Art. YO
property: agreed upon in marriage (2) Parent or Before child
147)
settlement. guardian reaches 21 YO

Children are illegitimate

Children are legitimate if Free cohabitation
4. As to effect on under Art. 165 (subject to Before death of
conceived before decree of (1) The sane spouse after insane
children: exceptions: Art. 36 and Art. other party.
annulment. regains sanity.
53 - legitimate)

(a) Cannot be attacked (2) Guardian of

(a) May be attacked collaterally, only 2. Insanity of one - do -
directly or collaterally, insane spouse
directly; i.e., there party
but for purpose of must be decree of
remarriage, there must During lucid
annulment.
5. As to how marriage be judicial declaration interval or after
may be impugned: of nullity. (Art. 40). (3) Insane spouse regaining sanity,
also before death
(b) Can still be impugned of other party.
even after death of (b) Can no longer be
parties. impugned after death
of one of the parties. Within 5 years Free cohabitation
3. Fraud The injured party. from discovery of after knowledge
fraud. of fraud.

4. Force, Within 5 years Free cohabitation

intimidation, or The injured party. from cessation of after cause has
undue influence cause. disappeared.

CANNOT be
5. Impotence of Within 5 years ratified but
The potent party.
one party after marriage. action
prescribes.

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 Gen. Rule: Properties acquired prior to Gen. Rule: Properties acquired
6. Serious sexually CANNOT be
the marriage are included in the ACP. during the marriage are included in
transmissible Within 5 years ratified, but
The healthy party. (Onerous or Gratuitous) the ACP.
disease of one after marriage. action
party prescribes.
Exceptions: The following are excluded: Exceptions:
(1) Those excluded in the marriage
settlement; (1) Those acquired thru
gratuitous tittle, including
(2) Those for personal and exclusive use fruits and income UNLESS
DONATIONS PROPTER NUPTIAS DISTINGUISHED FROM ORDINARY (but jewelries are included in the expressly provided by the
DONATIONS ACP); grantor that they shall form
part of the ACP.
Donations Propter Nuptias Ordinary Donations (3) Those acquired by either spouse who
has legitimate descendants by a (2) Those for personal and
(1) Does not require express former marriage, including fruits and exclusive use (but jewelries
Express acceptance is necessary. income. are included in the ACP.)
acceptance.

(2) May be made by minors (see Art. SUMMARY OF INCLUSION/EXCLUSION:

Cannot be made by minors.
78) CAPITAL PARTNERSHIP OF GAINS (CPG)

(3) May include future property (same Summary of Inclusion/Exclusion

Cannot include future property.
rule as wills.)
Properties Acquired During the
Properties Acquired Before to Marriage
Marriage
(4) If present property is donated and No limit to donation of present
property regime is not absolute property provided legitimes are not
community, limited to 1/5. impaired.

(5) Grounds for revocation are found in Grounds for revocation are found in
Art. 86. law on donations.

SUMMARY OF INCLUSION/EXCLUSION:
ABSOLUTE COMMUNITY OF PROPERTY (ACP)

Summary of Inclusion/Exclusion

Properties Acquired During the

Properties Acquired Prior to Marriage
Marriage

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Gen. Rule: Properties acquired before (a) If acquired thru gratuitous
marriage are not included in the CPG,but title, NOT included in the WHO CAN FILE ACTION TO CLAIM FILIATION AND PRESCRIPTIVE
fruits and income of said properties CPG but the fruits and PERIODS
accruing during the marriage are included income of said properties
in the CPG. are included in CPG.
Legitimate Filiation Illegitimate Filiation
Exceptions: When included in the CPG in (b) If acquired thru onerous
the marriage settlement subject to the title and:
following limitations:
(1) Using exclusive
(1) May not exceed more than 1/5 of money or funds, the
present property; and property so acquired
in exclusive property
(2) May not include properties acquired (not included in the
prior to marriage if either of the future CPG.)
spouses has legitimate descendants in
the former marriage. (2) Using conjugal funds,
the property so
acquired is generally
included in the CPG
except if the
acquisition is by way
of exercise of right of
redemption. In the
latter, the property
belongs to the owner
of the right of
redemption regardless
of the source of funds
used in the
redemption. If the
right pertains to only
of the spouses, the
property in exclusive
property of said
spouse even if
conjugal funds are
used in the
acquisition. In this
case, the CPG shall
only be reimbursed
upon its liquidation.

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 Who can file: Gen. Rule: The child Gen. Rule: The child claiming (1) Applicability and Governing Law:
claiming legitimate filiation. illegitimate filiation. Domestic Adoption Inter-Country Adoption

Exceptions: His heirs can file Exceptions: His heirs can file in any Applies to adoption of a Filipino child
Applies to domestic adoption of Filipino
in any of the following cases: of the following cases: in a foreign country, where the
children, where the entire adoption
petition for adoption is filed, the
process beginning from the filing of the
(1) When the child dies (1) When the child dies during supervised trial custody is
petition up to the issuance of the
during minority; minority; undertaken and the decree of
adoption decree takes place in the
adoption is issued outside of the
Philippines.
(2) When the child dies (2) When the child dies during state Philippines.
during state of insanity; of insanity; or
or The governing law is R.A. No. 8043,
The governing law is R.A. No. 8558, or
(3) When the child dies after the or the Inter-Country Adoption Act of
Domestic Adoption Act of 1998.
(3) When the child dies after commencement of the action. 1995.
the commencement of
the action. (a) If the action to claim illegitimate Procedure is governed by the Rule on Procedure is governed by the
filiation is based on admission of Adoption (A.M. No. 02-06-02-SC), which Amended Implementing Rules and
paternity or filiation in the birth took effect on August 22, 2002. Regulations on ICAA.
certificate of written instrument:
Gen. Rule: The action may
be filed during the lifetime of Gen. Rule: The action may be filed (2) Rules of Preference in Adoption:
Prescriptive the child. during the lifetime of the child.
Period: Preference in favor of extended Preference in favor of domestic
Exception: In exceptional Exception: In exceptional cases family adoption
cases where the action is where the action is transmissible to It is the policy of the State to ensure that It is basic policy of the State to
transmissible to the heirs, the the heirs, the action must be filed
every Filipino child shall remain, as much encourage domestic adoption of a
action must be filed within 5 within 5 years form the death of the
as possible, under the care and custody Filipino child for the purpose of
years form the death of the child.
of his/her parent(s). If there is a real need preserving the child’s identity and
child.
for adoption, it is likewise the policy of the culture. Hence, inter-country
(b) If the action is based on the
State to prefer adoption by the child’s adoption shall be resorted to only
following evidence:
extended family over adoption by an when domestic adoptin of the chld is
unrelated person. not available and inter-country
(i) open and continuous
adoption is in the best interest of the
possession of status of illegitimate
child.
filiation; or (ii) any other means
allowed by the Rules of Court and
special laws, the action must be
brought during the lifetime of the
alleged parent; otherwise, the
action will not prosper.

DOMESTIC ADOPTION AND INTER-COUNTRY ADOPTION

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(3) Who May Be Adopted:
Domestic Adoption Inter-Country Adoption

A child legally available for adoption. Only a legally free child may be
adopted.

Requisites: Requisites:

(i) Below 18 years of age; and (i) Below 15 years of age; and
(ii) Has been administratively or (ii) Has been voluntarily or
judicially declared available for involuntarily committed to the
adoption. Department (DSWD), in
accordance with the Child and
Youth Welfare Code.

Exceptions:

(i) Legitimate son/daughter of one

spouse by the other spouse;
(ii) Illegitimate son/daughter by a
qualified adopter;
(iii) Person of legal age if, prior to
the adoption, said person has
been consistently considered and
treated by the adopter(s) as
his/her own child since minority.

(4) Who May Adopt:

Domestic Adoption Inter-Country Adoption

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A. Filipino Citizens: A. Filipino Citizens.

Qualifications: Qualifications:

(i) Of legal age; (i) Permanent resident of a

foreign country;
(ii) In possession of full civil capacity and
legal rights; (ii) Has the capacity to act and
assume all rights and
(iii) Of good moral character; responsibilities of parental
authority under Philippine
laws;
(iv) Has not been convicted of any crime
involving moral turpitude;
(iii) Has undergone the
appropriate counseling from a
(v) Emotionally and psychologically
accredited counselor in
capable of caring for children;
country of domicile;

(vi) In a position to support and care for

(iv) Has not been convicted of a
his/her children in keeping with the
crime involving moral
means of the family;
turpitude;

(vii) At least sixteen (16) years older than

(v) Eligible to adopt under
the adoptee BUT this latter
Philippine law;
requirement may be waived if:

(vi) In a position to provide the

(a) The adopter is the biological
proper care and support and
parent of the adoptee; or
to give the necessary moral
values and example to all his
(b) The adopter is the spouse of the children, including the child to
adoptee’s parent; and be adopted;

(viii) Permanent resident of the (vii) Agrees to uphold the basic

Philippines. rights of the child as
embodied under Philippine
laws, the UN Convention on
the Rights of the Child, and to
abide by the rules and
regulations issued to
implement the provisions of
the ICAA;

(viii) Residing in a country with

whom the Philippines has

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 diplomatic relations and
whose government maintains
a similarly authorized and
accredited agency and that
adoption is allowed in that
country;

(ix) Possess all the qualifications

and none of the
disqualifications provided in
the ICAA and in other
applicable Philippine laws;

(x) At least twenty-seven (27)

years of age at the time of the
application; and

(xi) At least sixteen (16) years

older than the child to be
adopted at the time of
application UNLESS:

(a) Adopter is the parent by

nature of the child to be
adopted; or
(b) Adopter is the spouse of the
parent by nature of the
child to be adopted.

B. Aliens:

(i) At least twenty-seven (27)

years of age at the time of the
application;
B. Aliens:
(ii) At least sixteen (16) years
older than the child to be
Qualifications: Same qualifications for
adopted at the time of
Filipino nationals and in addition:
application UNLESS the
adopter is the parent by
nature of the child to be
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(i) His/her country has diplomatic adopted or the spouse of such
relations with the Republic of the parent;
Philippines;
(iii) Has the capacity to act and
(ii) His/her government allows the assume all rights and
adoptee to enter his/her country as responsibilities of parental
his/her adopted son/daughter; authority under his national
laws;

(iv) Has undergone the

appropriate counseling from
an accredited counselor in
his/her country;

(iii) Has been living in the Philippines for

at least three (3) continuous years (v) Has not been convicted of a
prior to the filing of the application crime involving moral
for the adoption and maintains such turpitude;
residence until the adoption decree is
entered; and
(vi) Eligible to adopt under his/her
nation law;
(iv) Has been certified by his/her
diplomatic or consular office or any
(vii) In a position to provide the
appropriate government agency that
proper care and support and
he/she has the legal capacity to
to give the necessary moral
adopt in his/her country.
values and example to all his
children, including the child to
Reminder: The requirements on be adopted;
residency and certification of the alien’s
qualification to adopt in his/her country
(viii) Agrees to uphold the basic
may be waived if:
rights of the child as
embodied under Philippine
(a) A former Filipino citizen seeks to laws, the UN Convention on
adopt a relative within the fourth the Rights of the Child, and to
(4th) degree of consanguinity or abide by the rules and
affinity; regulations issued to
implement the provisions of
(b) One seeks to adopt the legitimate ICAA;
son/daughter of his/her Filipino
spouse; (ix) Comes from a country with
whom the Philippine has
(c) One who is married to a Filipino diplomatic relations and
citizen and seeks to adopt jointly with whose government maintains
his/her spouse a relative within the a similarly authorized and

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fourth (4th) degree of consanguinity accredited agency and that
of affinity of the Filipino spouse. adoption is allowed under
his/her national laws; and

(x) Possesses all the

qualifications and none of the
disqualifications provided in
the ICAA and in other
applicable Philippine laws.

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 Where to File Application: Where to File Application:
(5) Requirement of Joint Adoption By Spouses:
In the Family Court of the province or city Either in:
Domestic Adoption Inter-Country Adoption where the prospective parents reside.
(1) Family court having jurisdiction
Gen. Rule: Husband and wife shall Rule: If the adopter is married, over the place where the child
jointly adopt, otherwise, the adoption his/her spouse must jointly file for resides or may be found; or
shall not be allowed. adoption.
(2) Inter-country Adoption Board
Exceptions: (ICAB), through an intermediate
agency, whether governmental
(i) If one spouse seeks to adopt the or an authorized and accredited
legitimate son/daughter of the other; agency, in the country of the
(ii) If one spouse seeks to adopt his/her prospective adoptive parents.
own illegitimate son/daughter BUT
the other spouse must give his/her After Filing: After filing:
consent;
(iii) If the spouses are legally separated The petition shall not be set for hearing (1) If filed in the Family Court, court
from each other. without a case study report by a licensed determines sufficiency of
social worker. petition in respect to form and
Reminder: There is no need for joint substance, afterwhich, petition
adoption if the adopter seeks to adopt is transmitted to ICAB.
his/her own illegitimate son/daughter.
But the law requires the consent of the
spouse of the adopter to such adoption. (2) If petition is already with ICAB,
However, if one spouse adopts the it conducts matching of the
illegitimate son/daughter of the other, applicant with an adoptive child.
joint adoption is still mandatory.
(3) After the matching, the child is
personal fetched by the
applicant for the trial custody
which will take place outside of
(6) Procedure: the Philippines.
Domestic Adoption Inter-Country Adoption

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 Supervised Trial Custody: Trial Custody: Written consent of the following to the
adoption is required, in the form of
(a) Temporary parental authority is (a) This process takes place outside affidavit:
vested in prospective adopter. the country and under the
supervision of the foreign (1) Adoptee, if ten (10) years of age or
adoption agency; over; (1) Written consent of the adopter’s
(b) Period is at least 6 months. But may
biological or adopted children
be reduced by the court, motu propio
above ten (10) years of age, in
or upon motion. (b) For a period of 6 months;
the form of sworn statement is
required to be attached to the
(c) If adopter is alien, the law (c) If unsuccessful, ICAB shall look application to be filed with the
mandatorily requires completion of for another prospective Family Court of ICAB.
the 6-month trial custody and may applicant. Repatriation of the
be reduced EXCEPT IF: child is to be resorted only as a (2) Biological parent(s) of the child, if (2) If a satisfactory pre-adoptive
last resort; known, or the legal guardian or the relationship is formed between
(i) A former Filipino citizen seeks to proper government instrumentality the applicant and the child, the
adopt a relative within the fourth (d) If successful, ICAB transmits a which has legal custody of the child; written consent to the adoption
(4th) degree of consanguinity or written consent for the adoption executed by the DSWD is
affinity; to be executed by the DSWD (3) Legitimate and adopted required.
(ii) One seeks to adopt the and the applicant then files a sons/daughters, ten (10) years of
legitimate son/daughter of petition for adoption in his/her age or over, of the adopter(s) and
his/her Filipino spouse; country. adoptee, if any;
(iii) One who is married to a Filipino
citizen and seeks to adopt jointly (4) Illegitimate sons/daughters, ten (10)
with his/her spouse a relative years of age or over, of the adopter
within the fourth (4th) degree of if living with said adopter and the
consanguinity of affinity of the latter’s spouse, if any;
Filipino spouse.
(5) Spouse, if any, of the person
Decree of Adoption: Decree of Adoption: adopting or to be adopted.

Issued by Philippine Family court. Issued by a foreign court. Reminder: in Landingin vs. Republic, 493
SCRA 415, the SC held that the written
consent of the biological parents is
indispensable for the validity of a decree
(7) Consent Required:
of adoption. The Court explained that the
Domestic Adoption Inter-Country Adoption natural right of a parent to his child
requires that his consent must be
obtained before his parental rights and
duties may be terminated and re-
established in adoptive parents.

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 Art. 219, Source: Quasi-delict committed Requisites for Liability:
FC: by a minor while he/she is under
special parental authority of (1) Quasi-delict is committed by a
school, etc. minor;

Person liable: (2) During an authorized activity,

whether inside or outside of the
(1) Principally and solidarily: school, entity or institution;
school, its administrators
and teachers, or individuals, (3) The persons liable failed to
entity or institution engaged exercise the proper diligence
in child care. required under the particular
circumstances.
(2) Subsidiarily: parents, judicial
LIABILITY OF PARENTS FOR CHILD’S QUASI-DELICT AND DELICT: guardians or persons
exercising substitute
Source and Nature of parental authority.
Basis Requisites/Conditions
Liability

Art. 221, Source: Quasi-delict committed Requisites for Liability:

FC: by minors in general. Art. 2180, Source: Quasi-delict committed Requisites for Liability:
(1) Minor is living in their company; NCC, in by a person who is at least 18 but
Person liable: Parents and relation to below 21. (1) Committed by a person who is at
other persons exercising parental Art. 236,
(2) Minor is under their parental least 18 but below 21;
authority (including judicial FC: Person liable:
authority; and
guardians and persons exercising
substitute parental authority.) (2) Child is living in their company.
(1) Perpetrator, for his own
(3) Parents and other persons
personal liability and/or
Nature of Liability: Primary exercising parental authority
failed to exercise all the diligence
(2) Parents and guardians,
of a good father of a family to
under the concept of
prevent damage.
vicarious liability.

Nature of Liability: Primary

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 Sec. 6, RA Source: Civil liability for crime Requisites for Liability: Section 25, Rule 130
Article 215, FC
9344, in committed by a child 15 years of (Rules of Court)
relation to age and below, who is exempt (1) The child is 15 or below;
Art. 101, from criminal liability. Applicability: Applicability:
RPC:
(2) The child is under their legal Applies only in criminal proceedings. Applies both in civil and criminal
Person liable: Those having
authority or control; and cases.
such child under their legal
authority or control, unless it
appears that there was no fault (3) There was fault of negligence on Who may invoke: Who may invoke:
or negligence on their part. their part.
May be invoked only by descendants. Can be invoked either by
Nature of Liability: Primary descendants or ascendants.

Sec. 6, RA Source: Civil liability for crime Requisites for Liability: Scope of Privilege: Scope of Privilege:
9344, in committed by a child above 15
relation to but below 18 and who acted (1) The child is above 15 but below Rule: A descendant CANNOT be Rule: A person MAY NOT be
Art. 101, without discernment, who is compelled to testify in criminal cases compelled to testify against his
18; against his parents and grandparents. parents, other direct ascendants,
RPC: likewise exempt from criminal
liability. children or other direct descendants.
(2) The child acted without Exception: When the testimony is
discernment in committing the indispensable in a crime against the
Person liable: Parents and
crime; descendant or by one parent against the
guardians (applying by analogy
Salen vs. Balcen, 107 Phil. 748) other.
(3) The child is under the parental
Nature of Liability: Primary authority and living in the The privilege is not absolute since the The privilege does not admit of
company of parents and/or descendant can be compelled to testify exceptions.
guardians. against the parents and grandparents
when the testimony is indispensable in a
Source: Civil liability for crime Requisites for Liability: crime against the descendant or by one
committed by a child above 15 parent against the other.
but below 18 and who acted with (1) The child is above 15 but
discernment, who is NOT exempt below 18; In both, however, the person concerned can waive the privilege by choosing to
from criminal liability. testify against his relatives. He cannot be compelled to testify, but he may choose
to testify.
(2) The child acted with
Person liable: Parents and
discernment in committing
guardians (applying by analogy
the crime;
Salen vs. Balcen, 107 Phil. 748)
SUMMARY OF CONFLICT OF LAWS RULES
Nature of Liability: Primary (3) The child is under the
parental authority and living Summary of Conflict of Laws Rule
in the company of parents
and/or guardians. Subject Matter Governing Law

Family rights and duties of persons National law of the person concerned.
PARENTAL AND FILIAL PRIVILEGE
Status and condition of persons National law of the person concerned.

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 Legal capacity of persons National law of the person concerned. Applicability: When question of survivorship involves persons “who
succeed each other” or when there is question of suc
Except: capacity to succeed from Law of the nation of the decedent.
decedent, whether the succession is
testate or intestate.

Real and personal property. Law of the country where it is Requisites: (1) There is no proof as to which of two persons die
situated.
(2) They are called to succeed each other.
National law of the person whose
Except: in succession, whether
succession in under consideration.
testate of intestate, as to the following
aspects:

(i) Order of succession;

Rule/s: (1) Whoever alleges the death of one prior to the ot
(ii) Amount of successional rights; same;

(iii) Intrinsic validity of testamentary (2) In the absence of proof, they shall be presumed
provisions (wills.) same time and there is no transmissions of rights
other.
(iv) Capacity to succeed

Formalities or solemnities of contracts, Law of the country in which they are

wills and other public instruments. executed. (lex loci celebrationis)

Intrinsic validity of contracts, its Law voluntarily agreed upon by the

nature and construction. parties or the law intended by them
either expressly or implicitly. (lex loci
contractus)

PRESUMPTIONS ON SURVIVORSHIP

Article 43, NCC Rule 131, Sec. 3(jj)

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 (1) It must be a case of a mixed In applying the provision of the second
marriage (one party is Filipino paragraph of Article 26, the reckoning
REQUISITES FOR VALID MARRIAGE
and the other is alien.) point is not the citizenship of the parties
at the time of the celebration of the
Absence, defect or irregularity Effect marriage, but their citizenship at the
time a valid divorce is obtained abroad
(1) Absence of any of the essential Marriage is void. by the alien spouse capacitating him or
requisites. her to remarry. Thus, in a case where
both parties were Filipino citizens at the
(2) Absence of any of the formal Marriage is void. time of the celebration of the marriage,
requisites. but later on, one of them becomes
Exception: Even if the solemnizing naturalized as a foreign citizen and
officer has no authority, the marriage is thereafter obtains a valid divorce
valid if either or both parties believed in decree, Article 26 of the FC applies.
good faith that the solemnizing officer
had the legal authority to do so.
(2) The divorce must be obtained by Article 26 will not apply if it is the Filipino
(3) Defect in consent. Marriage is voidable. the alien spouse and not the by spouse who obtains the decree of
the Filipino spouse. divorce. In this case, what will apply is
(4) Irregularity in any of the formal Does not affect the validity of the Article 15, in relation to Article 17 of the
requisites. marriage but the party responsible for NCC, pursuant to which a divorce
the irregularity shall be civilly, criminally obtained abroad by citizen of the
and administratively liable. Philippines is not recognized as valid in
the Philippines.

WHEN DIVORCE CONSIDERED VALID

Gen. Rule: Under the existing laws and jurisprudence, the rule is that divorce
is not recognized as valid in the Philippines if the parties are both citizens of
the Philippines.

Exception: In a mixed marriage involving a Filipino citizen and a foreigner,

the Family Code allows the former to remarry in case the divorce is “validly
obtained abroad by the alien spouse capacitating him or her to remarry.”

Requisites for application of 2nd paragraph of Art. 26, FC

Requisites Reminders

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(3) The divorce obtained by the alien a) If the divorce decree obtained
spouse must capacitate him or was a limited divorce or a
her to remarry. mensa et thoro; or if the
foreign law restricts remarriage
even after the divorce decree
becomes absolute, the Filipino
spouse is not likewise
capacitated to remarry.

b) A divorce obtained abroad by

an alien may be recognized in
our jurisdiction, provided such
decree is valid according to the
national law of the foreigner.

c) Before the divorce decree can

be recognized by our courts,
the party pleading it must
prove the divorce as a fact and
demonstrate its conformity to
the foreign law allowing it,
which must be proved
considering that our courts
cannot take judicial notice of
foreign laws.

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