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    Void and Voidable Marriages

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    Nonez Amolap
    1. A marriage contracted during the subsistence of a previous marriage is void, except if the prior spouse had been absent for 4 consecutive years and the spouse present believed the absent spouse was dead. 2. Void marriages are invalid from the beginning and cannot be a source of rights, while voidable marriages are valid until annulled by court order. 3. Diriment impediments like blood relationships result in void marriages, while prohibitive impediments do not affect validity but can result in criminal prosecution.

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    Void and Voidable Marriages

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    Nonez Amolap
    31 views2 pages
    1. A marriage contracted during the subsistence of a previous marriage is void, except if the prior spouse had been absent for 4 consecutive years and the spouse present believed the absent spouse was dead. 2. Void marriages are invalid from the beginning and cannot be a source of rights, while voidable marriages are valid until annulled by court order. 3. Diriment impediments like blood relationships result in void marriages, while prohibitive impediments do not affect validity but can result in criminal prosecution.

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    Family code

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    1. A marriage contracted during the subsistence of a previous marriage is void, except if the prior spouse had been absent for 4 consecutive years and the spouse present believed the absent spouse was dead. 2. Void marriages are invalid from the beginning and cannot be a source of rights, while voidable marriages are valid until annulled by court order. 3. Diriment impediments like blood relationships result in void marriages, while prohibitive impediments do not affect validity but can result in criminal prosecution.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    31 views2 pages

    Void and Voidable Marriages

    Uploaded by

    Nonez Amolap
    1. A marriage contracted during the subsistence of a previous marriage is void, except if the prior spouse had been absent for 4 consecutive years and the spouse present believed the absent spouse was dead. 2. Void marriages are invalid from the beginning and cannot be a source of rights, while voidable marriages are valid until annulled by court order. 3. Diriment impediments like blood relationships result in void marriages, while prohibitive impediments do not affect validity but can result in criminal prosecution.

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    of 2

    VOID & VOIDABLE MARRIAGES Gen.

    Rule: A marriage contracted by any person


    during the subsistence of a previous marriage shall be
    VOID VOIDABLE NULL and VOID.
    can generally be
    can be ratified ratified by free Exception: the prior spouse had been absent for 4
    cohabitation. CONSECUTIVE years and the spouse present had a
    always void valid until annulled WELL-FOUNDED BELIEF that the absent spouse
    can be attacked CANNOT be was already dead;
    directly or assailed
    collaterally collaterally; there 2 CONSECUTIVE years: In case of disappearance
    must be a direct where there is DANGER under the circumstances set
    proceeding forth in the provisions of Art. 391, CC.
    there is no conjugal there is a conjugal Contracting subsequent marriage:
    partnership (only partnership a. The spouse present must institute a
    co-ownership) summary proceeding for the declaration of
    presumptive death of the absentee. (without
    Impediments in marriages: prejudice to the effect of reappearance)

    1. Diriment impediments - VOID. (5) Those contracted through mistake of one


    Ex. contracting party as to the identity of the other;
     Close blood relationship (6) Those subsequent marriages that are void
     Prior existing marriage under Art. 53.

    2. Prohibitive impediments - do not affect validity; JURISPRUDENCE:


    criminal prosecution may follow  A void marriage CANNOT be a source of
    ----------------- rights for it was as though no marriage has taken
    place.
    1. Absolute impediment - person cannot  A declaration of NULLITY is required before
    marry at all. a valid subsequent marriage can be contracted.
    Ex.  An unsatisfactory marriage cannot be
     below 18. considered null and void.

    2. Relative impediment - prohibition is only with Other VOID marriages:


    respect a. One of the parties is psychologically incapacitated;
    certain persons. (Art. 36, Family Code)

    MOLINA DOCTRINE: (guidelines)


    Art. 35. The following marriages shall be void 1. The burden of proof to show the nullity of
    from the beginning: marriage belongs to the plaintiff; in case of
    doubt, such shall be resolved in favor of the
    (1) Those contracted by any party below eighteen existence and continuation of the marriage;
    years of age even with the consent of parents or 2. Root cause of PSYCHOLOGICAL
    guardians; INCAPACITY must be medically or clinically
    (2) Those solemnized by any person NOT identified;
    LEGALLY authorized to perform marriages unless 3. Incapacity must be proven to be existing at
    such marriage were contracted with either or both the time of the celebration of marriage;
    parties believing in good faith that the solemnizing 4. Incurability of the psychological incapacity;
    officer had the legal authority to do so; 5. Gravity of the psychological incapacity;
    (3) Those solemnized without license, except those 6. The essential marital obligations must be
    covered by the preceding chapter; those embraced by Art. 68 to 71, FC, as
    (4) Those BIGAMOUS or POLYGAMOUS marriages regards the husband and wife, as well as Art.
    not falling under Art. 41; 220-221 and 225. FC, in regards to parents
    and their children;
    7. Interpretations given by NAMT
    of the Catholic Church is not
    controlling, but should be given
    great respect by our courts;
    8. Trial court must order the
    prosecuting attorney or fiscal and
    the Solicitor General to appear
    counsel for the state.

    b. Marriages between ascendants and


    descendants of
    ANY degree; (Art. 37 (1), FC)
    c. Marriages between brothers and
    sisters, whether of
    the full or half-blood. (Art. 37 (2),
    FC)

    Direct line ; count ALL, minus


    one.
    Collateral ; nearest common
    ancestor, go
    down minus one.

    d. Marriages between collateral blood


    relative,
    Legitimate or illegitimate, up to the
    fourth civil degree;
    e. Between step-parents and step-
    children;
    f. Between parents-in-law and children-
    in-law;
    g. Between adopting parent and adopted
    child;
    h. Between the surviving spouse of the
    adopting parent
    and the adopted child;
    i. Between surviving spouse of the
    adopted child and the
    adopter;

    j. Between an adopted child and a legitimate child of


    the
    adopter;
    k. Between adopted children of the same adopter;
    l. Between parties where one, with the intention to
    marry
    someone, killed that other person’s spouse, or
    his/her
    own spouse.
    m. Marriages in a play, drama or movie;
    n. Between two boys and two girls;
    o. Marriages in jest.

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