TILAR VS TILAR

THE FAMILY CODE OF THE PHILIPPINES

(E.O. No. 209, as amended) Why is the principle of separation of Church and State not
applicable if the issue is validity of marriage? Being a social
institution, a marriage is governed by law regardless of
religious beliefs.
[Title I – Marriage]

[Chapter 1: Requisites of Marriage]

A) Marriage in this jurisdiction is not only a civil contract, but it is a
[Chapter 2: Marriages Exempt from the License Requirement] new relation, an institution the maintenance of which the public is
(Arts. 1-34, FC) deeply interested.
1. Effectivity Date of the Family Code B) As marriage is a special contract, their terms and conditions are
August 3, 1988.
not merely subject to the stipulations of the contracting parties but
are governed by law.
2. Marriage in General
C) Although, marriage is considered a sacrament in the Catholic
(1) Dual Concept: church, it has civil and legal consequences which are governed by
a. As a contract: It is a special contract of permanent union the Family Code. Thus, the principle of separation of the church
between a man and a woman entered into in accordance with and state finds no application in this case.
law for the establishment of conjugal and family life.
D) The proceedings for church annulment which is in accordance
b. As a social institution: Marriage in this jurisdiction is not a mere with the norms of Canon Law is not binding upon the State as the
contract, but a social institution in which the State is vitally
interested. This interest proceeds from the constitutional couple is still considered married to each other in the eyes of the
mandate that the State recognizes the sanctity of family life civil law.
and of affording protection to the family as a basic autonomous
social institution.
Same Sex Marriage:
- Can the agreement of parties govern their  Paolo and Juan got married abroad.
marriage? No. The law governs the contract of  Paolo came home to PH and married a woman.
marriage, except as to their properties.  Juan filed a case against Paolo for Bigamy.
- What do we call their agreement in relation to  Will the case prosper?
their property relations? PRENUPTIAL  No. Same sex marriage is not valid in the PH, no first
AGREEMENT; In the Family Code: marriage to speak of. No need to secure judicial
MARRIAGE SETTLEMENT
 declaration of absolute nullity of marriage. Why “no Only two persons of May be entered into
marriage at all”, why not “void ab initio”. opposite sex may by any number of
 Art. 40 – even if the marriage is void, one cannot enter a enter into a contract of persons, whether of
Parties
subsequent marriage without securing a judicial marriage, and but one the same or different
declaration of absolute nullity of marriage. such contract may sex.
exist at the same time.
In determining validity of the marriage involving Filipinos, what is the The nature, The parties are free
first thing that we must take into consideration? consequences and to establish such
- 1) Place of the celebration of marriage. If outside the PH, incidents of marriage stipulations, clauses,
Applicable law is the law of the place where the law was are governed by law terms and conditions
celebrated. If valid there, it is also valid in the PH. Except and not subject to an as they may deem
Stipulations
those mentioned in Art. 26. MEMORIZE EXCEPTIONS. agreement; except convenient provided
- May it be possible for the issue of validity of marriage that property relations, they are not contrary
between Filipino Citizens be governed by a foreign the parties may fix the to law, morals, good
law? In what situation? Yes. Art. 26. same within the limits customs, public order
- 2) If in the PH, check when was the marriage was provided under the FC or public policy.
celebrated. If during effectivity of Civil Code, apply Cannot be revoked, The parties may, by
Civil Code. If During Family Code, apply 5 requisites. dissolved or otherwise mutual agreement,
terminated by the terminate an ordinary
Termination
Will the date of the marriage be important for purposes of determining the parties, but only by contract.
validity of marriage? the sovereign power
- Marriage between stepbrothers and step sisters, before of the State.
Aug 3, 1988, what is the status of the Marriage? Marriage is not a mere
Between Step-Parents and Step-Children: Void, even if the same Feature contract, but also a
are celebrated abroad and valid there as such. The prohibition still social institution.
applies even after the termination of the marriage. (3) Presumptions favoring marriage:

NB: A marriage between a step-brother and a step-sister is void a. That if a man and a woman deport themselves as H&W, they
under the Civil Code, but is not anymore prohibited under the are presumed, in the absence of evidence special to the case,
Family Code. to be in fact married;
b. That the law favors the validity of marriage and the burden of
Marriage held Aug 1, 1988 – void. Will it be validated upon proof to show the nullity of the marriage rests upon the party
effectivity of Family Code? No. In determining the validty of a seeking its nullity.
marriage, it is important to know the date of celebration of marriage
to know which law will govern (NCC or FC). 3. Requisites for Valid Marriage

(2) Marriage Contract vs. Ordinary Contract: (1) Requisites:

a. Essential Requisites:
Marriage Contract Ordinary Contract
 i. Legal capacity; and
ii. Consent. a.Male and female;
b.At least 18 years of age; and
b. Formal Requisites: c.Must not be suffering from any legal impediments under in
i. Authority of the solemnizing officer; Arts. 37 and 38, FC.
ii. Valid marriage license; and (2) Sexes of the Parties:
iii. Marriage ceremony.
a. Same-sex marriage is not recognized as valid here in the
(2) Effect of Absence, Defect or Irregularity: Philippines, even if the marriage is solemnized abroad and
valid there as such.
Absence, Defect or Irregularity Effect
Absence of any of the essential Void. b. (Silverio v. Republic) There is no law legally recognizing sex
requisites. reassignment and its effect. The sex of a person is
Absence of any of the formal Void. determined at birth, VISUALLY done by the birth attendant by
requisites. examining the genitals of the infant. If such determination is
Defect in consent. Voidable. not attended by error, the same is IMMUTABLE and may not
Irregularity in any of the formal Does not affect the validity of be changed by reason of a sex reassignment surgery.
requisites. the marriage but the party
responsible for the Assume, Silverio was a Filipino. He became a citizen of Thailand. After
irregularity shall be civilly, which he had a sex reassignment surgery and then sex reassignment in his
criminally and identity. He went to the PH to marry his long time BF. Is the marriage valid?
administratively liable. - In determining the sex of the party, what law
will be applied?
Defect in essential requisite
-
Is it possible for legal capacity to be defective? No. Either Absent or present.
c. (Republic v. Cagandahan) SC allowed the correction of entries
So when the law speaks of defect on essential requisites, it is only pertaining
in the birth certificate of respondent to change her sex or
to consent.
gender, from female to male, on the ground of her medical
condition known as Congenital Adrenal Hyperplasia. He has
Absence of authority of the solemnizing officer:
simply let nature take its course and has not taken unnatural
- Generally void, unless either or both parties believing in good faith
steps to arrest or interfere with what he was born with. And
that the solemnizing officer had the legal authority to do so.
accordingly, he has already ordered his life to that of a male. In
(Mistake of fact)
this kind of situation, the determining factor in his gender
- Art. 35.
classification would be what the individual having reached the
age of majority, with good reason thinks of his/her sex.
Mistake of law, what will be the status of the marriage

NB: If by nature, there is a doubt in the genital of a person,

4. Legal Capacity to Contract Marriage
mere visual examination to determine the sex of the person is
not conclusive.
(1) Requisites of Legal Capacity:
 (3) Unsound mind: consent is defective, thus rendering the marriage
voidable.
For mere clerical/typo error, no need to file a case in court. Just go to the
Civil Registry for amendment. (4) Vitiated by fraud, force, intimidation or undue influence: consent is
defective, thus rendering the marriage voidable.
For mixed-marriages, what law will govern the legal capacity of the
contracting parties? – Philippine Laws (5) There is no law that declares a marriage void if it is entered
into for purposes other than what the Constitution or law
(3) Age of the Parties: declares, such as the acquisition of foreign citizenship.

a. If any party is below 18 years of age, the marriage is void even What is the consent that the FC is referring to? How do we know if consent
if the same is with the consent of the parents and even if the is given for marriage?
marriage is solemnized outside the Philippines and valid there
as such. Is love a requisite for consent? – not in the eyes of the law.
b. The minimum age for marriage should be reckoned, not on the
date of filing of the application for issuance of a marriage When the Family Code speaks of consent, it pertains to the personal
license, but on the date of the marriage. declaration made during the marriage ceremony that they take each other as
husband and wife.
(4) Absence of Legal Impediments: If the parties are suffering from the
impediments mentioned in Arts. 37 and 38, FC, the marriage is Absence of consent – marriage is void
void, even if the marriage is solemnized outside the Philippines and
valid there as such. Republic VS Olaybar
- He cannot secure a CENOMAR because she appears to be
- Between first cousins – void married to a Korean National
- - Files for correction of entry in Civil Registry
- OSG contested; in effect annulment of marriage in disguise of
5. Consent Rule 108
- SC: OSG is wrong. There is no marriage to speak of because no
(1) No consent: There is no marriage. If the marriage is contracted marriage took place
through mistake of one contracting party with respect to the actual
physical identity of the other, the marriage is void.
a. Marriage is still a contract. In the absence of consent, 6. Valid Marriage License
there is in fact no contract, therefore, there was no
marriage celebrated/ (1) Rules:

(2) Without parental consent: consent is defective, thus rendering the a. NO marriage license: void.
marriage voidable.
b. Spurious or fake marriage license: void.
 c. Mere irregularity in the issuance of the marriage license: required if any party is months following the
validity of the marriage shall not be affected but the party 25 and below. completion of the
responsible for the irregularity shall be civilly, criminally and counseling publication of the
administratively liable. application; if issued
earlier, still valid.
(2) Rules with Respect to Issuance of Marriage License and Effects of The application for the Still valid.
Non-compliance: issuance of the marriage
Publication license must be
Rule Effect of of published for 10
Non-Compliance application consecutive days and
a. If local, in the LCR of Still valid. for issuance the license shall be
the city or of license issued only after the
municipality where completion of the period
either contracting of publication.
Place of
party habitually If either or both parties Still valid.
issuance Certificate
resides. are citizens of a foreign
of legal
b. If abroad, in the country, a certificate of
capacity
office of the consular legal capacity to contract
to contract
officials. marriage must be
marriage
120 days from date of Marriage celebrated submitted.
issue and is deemed AFTER the expiry No marriage license Still valid.
Period of
AUTOMATICALLY date of the license is shall be issued by the
effectivity
cancelled at the void. LCR unless the
expiration of said period. applicants present a
If any party is below 21, Voidable because of Certificate Certificate of Compliance
parental consent must lack of parental of issued by the local
Parental be exhibited to the LCR. consent, not because Compliance Family Planning Office
consent of the irregularity in in attending certifying that they had
the issuance of the Family duly received adequate
license. Planning instructions and in
If any party is between License shall be Seminar information on
21 and 25, parental issued only after 3 responsible parenthood,
advice is months following the family planning,
Parental
completion of the breastfeeding and infant
advice
publication of the nutrition.
application; if issued
earlier, still valid. VALID – so long as it is true and indeed issued by the LCR, it is a
Certificate The certificate of License shall be VALID License despite irregularity as to the issuance.
of marriage marriage counseling is issued only after 3
(3) Duty of Local Civil Registrar in Case There is Impediment: LCR is d. Legal Ratification of Marital Cohabitation; Requisites:
required to issue the marriage license after the completion of the i. Man and woman must have been living together as
10-day period of publication, even if any impediment is known to H&W for at least 5 years before the marriage ;
him or brought to his attention, unless the court will order otherwise - 5 year period counted backwards must be a
at the instance of the LCR or that of any interested party. continuous unbroken period
ii. Parties must have no legal impediment to marry each
(4) Marriages Which are Exempt from License Requirement: other during the 5-year period of cohabitation.
iii. Parties must execute an affidavit stating that they
a. Marriages in Articulo Mortis: Marriage remains valid even if the have lived together for at least 5 years and are
ailing party subsequently survives. In lieu of the license, the without legal impediment to marry each other; and
solemnizer must execute an affidavit stating that he performed - Failure to execute an affidavit is mere
the marriage in articulo mortis; and he took steps to ascertain irregularity and will not render the marriage
the ages, relationship and absence of legal impediments of the void.
parties. iv. Solemnizing officer must execute a sworn statement
that he had ascertained the qualifications of the
b. Marriages in Remote Places: The residence of either party is parties and that he had found no legal impediment to
so located that there is no means of transportation to enable their marriage.
such party to appear personally before the LCR.
NB: The falsity of an Affidavit of Marital Cohabitation,
a. What will take the place of the license? – Affidavit of where the parties have in truth fallen short of the minimum 5-
the Solemnizing Officer. What if SO failed to execute year requirement, effectively renders the marriage void ab
the sworn statement, will that render the marriage initio for lack of a marriage license . It cannot be considered
void? No. because it’s not a requisite. SO will just be as a mere irregularity in the formal requisites of marriage. To
held criminally, administratively or civilly liable. permit a false affidavit to take the place of a marriage license is
to allow an abject circumvention of the law. It cannot also be
c. Marriages Among Muslim and Ethnic Cultural Communities: used as a defense in the crime of bigamy. Further, estoppel
Requisites: cannot be validly invoked because the nature, incidents
i. Marriage must be among Muslims or among and consequences of marriages are governed by law. Art.
members of ethnic cultural communities; and 1 – marriage is social institution governed by law.
ii. Marriage must be solemnized in accordance with their
customs, rites or practices.
7. Authority of Solemnizing Officer:
NB: In case of a marriage between a Muslim and a non-
Muslim, Art. 13(2) of the Code of Muslim Personal Laws, (1) Members of the Judiciary: Requisites:
provides that the FC shall apply and not Muslim Law or the
Code of Muslim Personal Laws. Since the FC applies in this a. Must be incumbent members; and
situation, the marriage is not exempt from the requirement of a b. Must solemnize the marriage within the court's jurisdiction.
marriage license.
 - If retired judge solemnizes, the fact that he is
retired is a mere irregularity and the marriage a. Must be a commissioned officer, or an officer in the armed
is still valid but the Judge may be held forces holding rank by virtue of a commission from the
administratively liable. President;
b. Assigned chaplain to his unit must be absent;
(2) Priest, Rabbi, Imam and Other Religious Ministers: Requisites: c. Marriage must be in articulo mortis; and
d. Marriage must be solemnized within the zone of military
a. Must be duly authorized by his respective church or sect in operations.
writing;
a. If authority is not in writing, Generally void but parties - Even Marriage of civilians are allowed
may claim good faith as to mistake of fact.
b. His written authority must be duly registered with the Civil (5) Consul-general, consul or vice-consul:
Registrar General;
c. He must act within the limits of such written authority; and a. Marriage must be celebrated in the country where the consul
a. If he acts beyond the limits, is that an absence of holds office; and
authority? Yes. He is acting beyond authority. b. Marriage must be between Filipino citizens.
However, partners may invoke good faith.
d. At least one of the contracting parties must belong to his (6) Mayors: for marriages during the effectivity of the LGC (took effect
church or sect. January 2, 1992). – Prior LGC, no authority. Marriage solemnized
a. What if both are not part of the sect/religion, does the by Mayor is void for mistake of law.
solemnizing officer have authority to solemnize?
None. Is the marriage is void? Yes. Can the parties Who may solemnize marriage in articulo mortis? All of them.
invoke good faith? Yes, if mistake of fact. But if they
knew that the officer is not from their religion, then Who are those who can ONLY solemnize in articulo mortis – Ship Captain,
that is a mistake of law, therefore, void. Airplane chief

Why are religious solemnizers required to apply for an authority to solemnize 8. Marriage Ceremony
marriages.
- To regulate and ensure that they are not merely following What Constitutes a Marriage Ceremony: No prescribed form or
the canons of their religion but the law as well religious rite for the solemnization of the marriage is required.
- Minimum requirements:

(3) Ship Captain or Airplane Chief: a. Personal appearance of the contracting parties before a
solemnizing officer; and
a. Marriage must be in articulo mortis; b. Personal declaration that they take each other as husband and
b. Marriage must be between passengers and/or crew members. wife in the presence of not less than 2 witnesses that they take
c. Can be In transit or on port each other as H&W.

(4) Military Commanders of a Unit:

 NB: there is no marriage ceremony if what transpired was a mere (2) Effect of Absence of Marriage Contract: not proof that no marriage
private act of signing a marriage contract without the presence of took place because other evidence may be presented to prove the
the solemnizing officer. fact of marriage.

Online wedding – not allowed (3) Other Proof of Marriage:

Proxy – not allowed
a. Testimony of a witness to the matrimony;
Mere signing of marriage contract is sufficient – personal b. Couple's public and open cohabitation as H&W after the
declaration was made in writing alleged wedlock;
c. Birth and baptismal certificates of children born during such
What if there is no signing of marriage contract, will that affect the union; and
validity of marriage? No. It is not a requisite. It is merely an d. Mention of such nuptial in subsequent documents.
evidence of marriage.
10. Validity of Marriages Celebrated Abroad
MORIGO Case – no marriage at all. Mere signing, no ceremony
was conducted. (1) General Rule: Such marriages are considered valid in the
Philippines if they are valid in the place where they are celebrated.
Void Marriage VS No Marriage at all
- Important to determine in case of bigamous cases (2) Exceptions:
- No marriage but it appears in the civil registry, proper
remedy is Rule 108 or correction of entries in the civil a. A party is below 18 and he is a Filipino citizen;
registry b. Marriage is bigamous or polygamous;
- If a marriage was celebrated but the marriage is void, c. Marriage is contracted through mistake of one contracting
remedy is petition for declaration nullity of marriage --- party as to the identity of the other;
before he can enter into a subsequent marriage (BRAZA vs d. One of the parties in a subsequent marriage is already a party
City of Civil Registrar) to a prior marriage which has been annulled or judicially
declared void but fails to comply with the requirements of Art.
Take note of application of Art. 40 – it will require the existence of a prior 52, FC.
void marriage (Case of Braza). e. One of the parties to such marriage, at the time of its
celebration, is psychologically incapacitated to comply with the
In Olaybar and Morigo cases – proper remedy is Rule 108. essential marital obligations;
f. Marriage is incestuous;
Article 4 of Family Code: not all cases with absence of requisites will render g. Marriage is void by reason of public policy as enumerated in
the marriage void. Art. 38, FC; and
h. Same-sex marriage.
9. Marriage Contract
11. When Divorce Considered Valid
(1) Importance: best documentary evidence of a marriage.
(1) Important Legal Premises On Divorce:
  What is the reckoning point in determining the
a. A divorce obtained abroad in case of mixed marriages may be nationality of the spouses? – Nationality of the
recognized in the Philippines, provided the decree of divorce is spouses at the time the divorce was obtain
valid according to the national law of the foreigner. o What if it was the Filipino Spouse is the one who obtained
b. The reckoning point is not the citizenship of the divorcing the divorce decree. Yes, allowed. Republic VS Manalo.
parties at birth or at the time of marriage, but their citizenship What the SC applied in this case is the reason behind the
at the time a valid divorce is obtained. provision: not to put the Filipino citizen at a disadvantage.
c. An absolute divorce secured by a Filipino married to another o
Filipino is contrary to our concept of public policy and morality o Filipino will be released from the marriage provided:
and shall not be recognized in this jurisdiction.  It is a case of mixed marriage
 Divorce must be obtained abroad
(2) Requisites for Application of 2nd Paragraph of Art. 26:  The divorce obtained by the alien capacitates
him to remarry – Filipino Spouse should likewise
a. It must be obtained in a foreign country which recognizes be released from the marriage
divorce;  Divorce decree must be proven valid.
b. It must be a case of mixed marriage; and
c. Divorce obtained must capacitate the spouses to remarry. o Will the Filipino Spouse be automatically be released from
the marriage
(3) No Retroactive Application Needed: There is no need to  Check Jurisprudence (Case of Sarto) –
retroactively apply the provisions of the 2 nd paragraph of Art. 26, FC  Divorce obtained by foreign spouse.
because there is sufficient jurisprudential basis to apply the rule
 Sarto remarried.
embodied in said law to absolute divorces obtained by the foreign
 Sarto sued for bigamy. SC ruled that
spouse prior to the effectivity of the FC, as exemplified by the cases
Sarto could have been acquitted,
of Van Dorn v. Romillo, Jr., Pilapil v. Ibay-Somera and Quita v. CA.
however, he failed to prove the validity
of the divorce
 Absolute divorce not authorized in the Philippines
 Foreign judgement and laws must be
 Absolute Divorce obtained by a foreigner married to another
proven as a matter of fact. Once proven,
foreigner, can our Courts recognize the decree of divorce. Yes, if
judgement of divorce will retroact to the
they prove before the court the validity of such divorce
day validly acquiring decree of divorce
d. If 2 Filipinos obtained divorce abroad, will that be recognized in
 obiter dictum
the Philippines. No. Art. 15 and 17 par 3. contrary to our
concept of public policy and morality and shall not be
recognized in this jurisdiction.
 In what situation is divorce acknowledged in the Philippines? [Chapter 3: Void and
o Mixed marriages between Filipino and Foreign Voidable Marriages]
(Arts. 35 - 54, FC)
o Art. 26 par 2
o Nationality of foreign spouse is the determining factor for
A. Void Marriages
the validity of the divorce decree obtained abroad.
12. Characteristics of Void Marriages a spouse in a proceeding for the settlement of the estate, of
(1) Inexistent from the Very Beginning: As a rule, if the marriage is void the deceased spouse.
ab initio, it is ipso facto void without need of any judicial declaration
of nullity. (4) Prescription: The action or defense for the declaration of absolute
nullity of a marriage is imprescriptible.
Exception: For purposes of remarriage, even if the prior marriage is
void ab initio a judicial declaration of its nullity is required before a NB: A petition for declaration of nullity of the marriage can only be
subsequent marriage can be contracted, otherwise, the subsequent filed during the lifetime of the spouses, if the marriage is covered by
marriage is in itself void ab initio and the crime of bigamy may be A.M. No. 02-11- 10-SC.
committed. (5) Who May Assail: Any proper interested party may attack a void
marriage.
(2) Can be Attacked Collaterally: for other purposes, such as but not
limited to determination of heirship, legitimacy or illegitimacy of a NB: Only compulsory or intestate heirs of the spouses may attack
child, action for support, claim for death benefits, settlement of the validity of the marriage, for the purpose of protecting their
estate, dissolution of property regime, or a criminal case for that successional rights, upon the death of a spouse in a proceeding for
matter, the court may pass upon the validity of marriage even in a the settlement of the estate of the deceased spouse, for marriages
suit not directly instituted to question the same so long as it is covered by A.M. No. 02-11-10-SC or by way of a petition for
ESSENTIAL TO THE DETERMINATION of the case. declaration of nullity of the marriage, for marriages celebrated
under the Civil Code.
NB: NOT applicable in a case for the cancellation or correction of
entry under Rule 108 when THERE is a marriage to speak of. (6) Legal Effects: Void marriages have no legal effects except those
expressly declared by law, such as:
(3) A Void Marriage Can be Questioned Even After the Death of Either
Party: a. Property Relations: In void marriages, the property relations of
the parties during the period of cohabitation are governed by
a. Celebrated During the Effectivity of the Civil Code: a petition Art. 147 or 148, FC; EXCEPT: void marriages by reason of
for declaration of nullity may still be filed by the heirs even after non-compliance with Art. 40, FC where the applicable property
the death of either party to that marriage, in addition to their regime is ACP, CPG or CSP.
right to raise said issue collaterally in a proceeding for the
settlement of the estate of the deceased spouse. b. Children Born to Such Void Marriages: Children born of void
marriages are considered illegitimate; EXCEPT: children of
b. Covered by A.M. No. 02-11-10-SC: a void marriage can still be void marriages under Arts. 36 and 53 are exceptionally
questioned even after the death of either party, but no longer declared as legitimate.
by way of a petition for declaration of nullity of the marriage.
Pursuant to AM No. 02-11-10-SC, in case a party dies at any 13. Personality to File Petition for Declaration of Nullity of a Void
stage of the proceedings before the entry of judgment, the Marriage
court shall order the case closed and terminated, but without
prejudice to a collateral attack that may be done by the (1) For Marriages Covered By A.M. No. 02-11-10-SC:
compulsory or intestate heirs of the spouses upon the death of
 a. Marriages Covered by A.M. No. 02-11-10-SC: extends only to b. Rule: If A.M. No. 02-11-10-SC is not applicable, a petition to
marriages celebrated during the effectivity of the FC and the declare the nullity of a marriage must be prosecuted or
Petition is filed after the effectivity of the Rule on March 15, defended in the name of the real party-in-interest and must be
2003. based on a cause of action, i.e., the compulsory or intestate
heirs have the personality to file the petition upon the death of
b. Rule: A petition for declaration of absolute nullity of void a spouse.
marriage may be filed solely by the husband or the wife.
14. Void Marriages Not Expressly Enumerated Under the FC
NB: the rule in that only the husband or wife can file a
declaration of nullity or annulment of marriage does not apply if (1) Marriages between persons of the same sex, even if the marriage
the reason behind the petition is bigamy. When Section 2(a) is celebrated abroad and valid there as such.
states that "a petition for declaration of absolute nullity of void
marriage may be filed solely by the husband or the wife" it (2) Marriages where the parties did not appear personally before the
refers to the husband or the wife of the subsisting (first) solemnizing officer or did not give their consent in the presence of
marriage. The parties in a bigamous marriage are neither the the solemnizing officer.
husband nor the wife under the law. The husband or the wife of
the prior subsisting marriage is the one who has the (3) Marriages where the parties merely signed a marriage contract,
personality to file a petition for declaration of absolute nullity of without the presence of a solemnizing officer.
void marriage under the Rule.
NB: Upon the death of either spouse, no more petition for
declaration of nullity may be filed. In case a party dies at any 15. Void Marriages Under Article 35 of the FC
stage of the proceedings for declaration of nullity before the
entry of judgment, the court shall order the case closed and (1) Any Party Below 18:
terminated. However, compulsory or intestate heirs can still
question the validity of the marriage of the spouses, if void, not a. Rule: marriage is void.
in a proceeding for declaration of nullity, but in a proceeding for
the settlement of the estate of the deceased spouse filed in the b. No exception for Filipinos.
regular courts. They cannot question the validity of the
marriage during the lifetime of the spouses because they have (2) Solemnizer. Not Legally Authorized:
only inchoate rights in the meantime.
a. Rule: marriage is void
(2) For Marriages NOT Covered by A.M. No. 02-11-10-SC:
b. Exceptions:
a. Marriages Not Covered by A.M. No. 02-11-10- SC: i. If the marriage is celebrated abroad and valid there as
i. Those marriages celebrated during the effectivity of such;
the Civil Code; and ii. If either or both parties believed in good faith that the
ii. Those petitions for nullity of marriages commenced solemnizing officer had the legal authority to do so,
prior to March 15, 2003. the marriage is valid.
 NB: The good faith must be based on mistake of facts and not Civil Code, however, a judicial declaration of presumptive death is
mistake of law. not necessary as long as the prescribed period of absence is met.

(3) Lack of Valid Marriage License: NB: If a subsequent marriage is contracted without securing a
judicial declaration of nullity of the prior void marriage, the
a. Rule: if marriage is celebrated without a valid marriage license subsequent marriage is also void, not by reason of Art. 35(4), FC,
and the same is not exempt from the requirement of marriage but by reason of non-compliance with Art. 40, FC, but the crime of
license under Art. 27 to 34, FC, marriage is void. bigamy is also committed.

b. Exception: If the marriage is celebrated abroad and valid there (5) Mistake in Physical Identity:
as such.
Rule: marriage is void even if the same is celebrated abroad
NB: But if the marriage is solemnized by Philippine consular and valid there as such.
officials, a license is still necessary.
(6) Non-Compliance with Art. 52, FC:
(4) Bigamous or Polygamous Marriages:
a. Requirements: If a previous marriage is annulled or judicially
a. Rule: marriage is void even if celebrated abroad and valid declared void, the following shall be recorded in the
there as such. appropriate civil registry and registries of property:
i. judgment of annulment or of absolute nullity of the
b. Exception: Under Art. 41, FC, a subsequent bigamous marriage;
marriage is exceptionally considered as valid if the following ii. partition and distribution of the properties of the
requisites are complied with: spouses; and
i. The prior spouse (absentee) of the spouse present iii. delivery of the children's presumptive legitimes.
must have been absent for 4 consecutive years, or 2
years where there is danger of death at the time of b. Effects of Failure to Comply:
disappearance; i. subsequent marriage is void, even if the same is
ii. The spouse present has a well-founded belief that the celebrated abroad and valid there as such;
absent spouse is already dead; and ii. children conceived or born of such subsequent void
iii. The spouse present has obtained a judicial marriage are legitimate; and
declaration of presumptive death. iii. property relations of such subsequent void marriage
shall be governed by Art. 147, FC.
NB: If a subsequent marriage is contracted by the spouse present 16. Void Marriage Under Article 36: Psychological Incapacity
during the period of absence of his or her absentee spouse but
without a judicial declaration of presumptive death of the absentee (1) Concept: Refers to no less than a mental (not physical) incapacity
spouse, the marriage is bigamous, hence void, and the crime of that causes a party to be truly incognitive of the basic marital
bigamy is committed. This requirement applies only to subsequent covenants that concomitantly must be assumed and discharged by
marriages celebrated during the effectivity of the FC. Under the the parties to the marriage. Hence, psychological incapacity
pertains to the inability to understand the obligations of marriage,
 as opposed to a mere inability to comply with them. As such, (5) Certification of the OSG: dispensed with following the
he/she cannot be held liable to pay moral damages to the other implementation of A.M. No. 02-11-10-SC.
spouse, which connotes willfulness of the acts complained of.
(6) Applicability of Molina Guidelines to Mixed Marriages: The court
(2) Characteristics: may not refuse to apply the guidelines in the Molina case simply
because the marriage is a mixed one and that the respondent is a
a. Gravity: The illness must be grave or serious enough to bring foreign citizen.
about the disability of the party to assume essential obligations
of marriage. The illness must be shown as downright (7) Psychological Incapacity and Bigamy: (Tenebro v. CA) A
incapacity or inability, not a refusal, neglect or difficulty, much declaration of the nullity of the second marriage on the ground of
less ill will. psychological incapacity is of absolutely no moment insofar as the
State's penal laws are concerned for two reasons: a second or
b. Juridical Antecedence: It must be rooted in the history of the subsequent marriage contracted during the subsistence of a prior
party and must be proven to be existing at the time of the valid is void regardless of petitioner's psychological capacity or
marriage, although the overt manifestations may emerge only incapacity; and there is recognition written into the law itself that
after the marriage. such a marriage, although void, may still produce legal
consequences, e.g., criminal liability for bigamy.
c. Incurability: It must be shown to be medically or clinically
permanent or incurable and such incurability may be absolute 17. Void Marriages Under Article 37; Incestuous Marriages
or even relative only in regards to the other spouse, not
necessarily absolutely against everyone of the same sex. (1) Marriages Considered Incestuous:

(3) Need for Expert Testimony and Examination: A petition for a. Between ascendants and descendants of any degree,
declaration of nullity under Art. 36, FC need not allege expert legitimate or illegitimate; and
opinion on the psychological incapacity or on its root cause. What b. Between brothers and sisters, whether of the full or half-blood
must be alleged are the physical manifestations indicative of said and whether legitimate or illegitimate.
incapacity.
(2) Rule: Incestuous marriages are void, even if the same are
NB: there is no requirement that the defendant/respondent spouse celebrated abroad and valid there as such.
should be personally examined by a physician or psychologist as a
condition sine qua non for the declaration of nullity of marriage 18. Void Marriages Under Article 38; By Reason of Public Policy
based on psychological incapacity. What is important is the
presence of evidence that can adequately establish the party's (1) Between Collateral Blood Relatives:
psychological condition.
a. Rule: Marriages between collateral blood relatives up to 4th civil
degree, whether legitimate or illegitimate, are void even if the
(4) No Abandonment of Molina Guidelines: Ngo Te v. Yu-Te, simply
same are celebrated abroad and valid there as such.
suggested the relaxation of its stringent requirements.
b. Relationships included:
 i. uncles and nieces;
ii. aunts and nephews; and (1) Situation Contemplated: To distinguish Art. 40 from Art. 35(4), FC,
iii. first cousins. the former refers to a situation where the prior marriage is itself void
(2) Between Step-Parents and Step-Children: Void, even if the same but a party thereto did not secure a judicial declaration of nullity of
are celebrated abroad and valid there as such. The prohibition still the prior marriage before contracting a subsequent marriage. In
applies even after the termination of the marriage. such a situation, the subsequent marriage is also void, not because
it is bigamous under Art. 35(4) but because of failure to comply with
NB: A marriage between a step-brother and a step-sister is void Art. 40. If the prior marriage is perfectly valid, or at least voidable,
under the Civil Code, but is not anymore prohibited under the and a party thereto contracts another marriage prior to its
Family Code. termination, the subsequent marriage is void for being bigamous
pursuant to Art. 35(4).
(3) Between Parents-in-Law and Children-in-Law: Void, even if the
same are celebrated abroad and valid there as such. The (2) Effect of Failure to Comply with Article 40: Even if the prior
prohibition still applies even after the termination of the marriage. marriage is void but a party thereto fails to secure a judicial
declaration of its nullity before contracting another marriage, the
(4) By Reason of Adoptive Relationships: Any such marriages shall be subsequent marriage is also void and such party is liable for the
void, even if the same is celebrated abroad and valid there as such. crime of bigamy.

a. Prohibited marriages by reason of adoption: (3) Applicability of Article 40: Applies in cases where a marriage, at
i. The adopter cannot marry the: least ostensibly, had taken place, although later declared void. But
 adopted; or if no marriage ceremony at all was performed by a duly authorized
 surviving spouse of the adopted. solemnizing officer, there is no marriage that took place.
ii. The adopted cannot marry the:
 adopter; NB: (Morigo v. People) If what transpired was a mere signing of the
 surviving spouse of the adopter; marriage contract by the parties, without the presence of the
 legitimate child of the adopter; and solemnizing officer there is no marriage to speak of.
 another adopted child of the same adopter.
NB: (Republic v. Olaybar) A case of identity theft, the Court allowed
b. Not prohibited: marriages between the correction of an entry in the civil registry by cancelling the wife
i. an adopted child and an illegitimate child of the portion in the subject marriage contract without need of a judicial
adopter; declaration of nullity of the marriage, on the ground that there was
ii. the former spouse of the adopter and the adopted; no marriage to speak of.
and
iii. the former spouse of the adopted and the adopter. (4) Timing of Second Marriage:

(5) By Reason of Intentional Killing of Another's Spouse: marriage is a. “Odayat Doctrine” – prior to August 19, 1986: Previously, Art.
void, even if the same is celebrated abroad and valid there as such. 40, FC is applicable only to remarriages entered into after the
effectivity of the FC on August 3, 1988 regardless of the date
19. Void Marriage Under Article 40 of the FC of the first marriage. This was the ruling in Ty v. CA and Apiag
 v. Cantero. In both cases, where the second marriage took danger of death under the circumstances stated in Art. 391,
place prior to the promulgation of the case of Wiegel v. CC at the time of disappearance;
Sempio-Dy (AUGUST 19, 1986), the Court applied the ruling in b. The spouse present has a well-founded belief that the absent
Odayat v. Amante (1977) that NO judicial decree is necessary spouse is already dead; and
to establish the invalidity of void marriages. c. The spouse present has obtained a judicial declaration of
presumptive death.
b. “Wiegel Doctrine” – from August 19, 1986 to August 2, 1988:
the Court applied Art. 40 retroactively to cases where the (3) Requisites for Issuance of Judicial Declaration of Presumptive
second marriage took place prior to the effectivity of the FC but Death:
after the promulgation of the Wiegel case.
a. The absent spouse has been missing for 4 or 2 consecutive
years;
b. The spouse present wishes to remarry;
20. Valid Subsequent Bigamous Marriage Under Article 41 of the FC c. The spouse present has a well-founded belief that the
absentee spouse is dead; and
(1) Applicable Law: d. The spouse present files a summary proceeding for the
declaration of presumptive death of the absentee.
a. If the subsequent marriage took place prior to August 3, 1988 ,
apply the provisions of the CC which do not require a judicial (4) Requirement of "Well-Founded Belief":
declaration of presumptive death in order for the marriage to
be valid so long as the prescribed period of absence is met. In a. The belief of the present spouse must be the result of proper
addition, the requirement of "proof of well-founded belief" and honest to goodness inquiries and efforts to ascertain the
under Art. 41, FC cannot be applied retroactively to a marriage whereabouts of the absent spouse and whether the absent
that was celebrated during the effectivity of the CC because to spouse is still alive or is already dead.
do so would result in the invalidation of a marriage, which was
valid at the time it was celebrated. b. Strict Standard Approach: applied by Courts to ensure that a
petition for declaration of presumptive death is not used as a
b. If the subsequent marriage is celebrated during the effectivity tool to conveniently circumvent the laws.
of the FC which now requires such judicial declaration of
presumptive death, the absence of the same shall render the c. Determined during the Summary Proceedings for the
marriage void for being bigamous and the spouse present declaration of presumptive death of the absentee spouse.
liable for the crime of bigamy. (Regardless of the date when
the first marriage was contracted) d. Judgment of the Court in a Summary Proceeding shall be
Immediately Final and Executory. No appeal can be had of the
(2) Requisites for Validity of Subsequent Marriage Under Article 41: trial courts judgment in a summary proceeding for the
declaration of presumptive death of an absent spouse.
a. The prior spouse (absentee) of the spouse present must have
been absent for 4 consecutive years, or 2 years where there is (5) Termination of the Subsequent Marriage:
 a. Under CC, a subsequent marriage being voidable, it is d. fact of reappearance must either be undisputed or judicially
terminated by final judgment of annulment in a case instituted determined.
by the absent spouse who reappears or by either of the
spouses in the subsequent marriage, and the ground for NB: (SSS v. Jarque Vda. de Bailon) Both the prior and subsequent
annulment is the subsequent reappearance of the absentee marriages were contracted before the effectivity of the FC but the
spouse. spouse present nonetheless secured a judicial declaration of
presumptive death of the absentee spouse. Upon the death of the
b. Under FC, no judicial proceeding to terminate a subsequent spouse present in 1998, the right of the second spouse to the SSS
marriage is necessary. Under present law, the subsequent death benefits was questioned because it was claimed that the
marriage is AUTOMATICALLY terminated by the recording of absentee spouse was still alive. The SC held that since the
the affidavit of reappearance of the absent spouse, without subsequent marriage is not terminated by registration of an affidavit
prejudice to the fact of reappearance being judicially or reappearance or by judicial declaration but by death of either
determined in case such fact is disputed. But the termination of spouse, the effects of dissolution of valid marriages shall arise. The
the subsequent marriage by affidavit provided by Art. 42, FC good or bad faith of either spouse can no longer be raised. If the
does not preclude the filing of an action in court to prove the absent spouse reappears only AFTER the death of the spouse
reappearance of the absentee and obtain a declaration of present and thereafter files an affidavit of reappearance, such
dissolution or termination of the subsequent marriage. Thus, belated filing of the affidavit shall NO longer produce the effects
there are two ways of terminating the subsequent marriage: provided for in Art. 43, FC since the subsequent marriage had
i. by the recording of the affidavit of reappearance (if already been terminated by the death of the spouse present. Since
the subsequent marriage is valid; or the terminated marriage is valid, it logically follows that it is the
ii. by a judicial declaration of dissolution or termination second spouse who shall be considered as the "surviving spouse"
of the subsequent marriage (if the subsequent for purposes of succession.
marriage is void or voidable).
(7) Effects of "Automatic Termination" of Subsequent Marriage:
(6) Effect of Reappearance of the Absentee Spouse: If the absentee
reappears, but no step is taken to terminate the subsequent a. Automatic resumption of the previous marriage;
marriage, even if made known to the spouses in the subsequent
marriage, such marriage will not be terminated. Reappearance of b. Second spouse may immediately contract another marriage;
the absent or presumptively dead spouse will cause the termination
of the subsequent marriage only when all the conditions c. Status of children: legitimate;
enumerated in Art. 42, FC are present:
d. ACP or CPG shall be dissolved and liquidated: However, if
a. non-existence of a judgment annulling the previous marriage or either party contracted the marriage in bad faith, his or her
declaring it void; share in the "net profits" shall be forfeited in favor of:
b. recording in the civil registry of the residence of the parties to i. common children;
the subsequent marriage of the Affidavit of Reappearance; ii. in default, children of the guilty spouse by a previous
c. due notice to the spouses of the subsequent marriage of the marriage; or
fact of reappearance; and iii. in default, the innocent spouse.
 NB: "Net profits" refers to the increase in the market value of b. Spouse present has obtained a judicial declaration of
the community or conjugal property at the time of the presumptive death; and
celebration of the marriage and its market value at the time of c. The spouse present and the second spouse both acted in bad
the dissolution of the marriage but minus charges and faith.
obligations for which the community is liable.
(2) Effects:
NB: If both parties acted in bad faith, the property relations of
the subsequent void marriage is governed by Art. 148, FC. a. subsequent marriage is void ab initio;
b. all donations propter nuptias made by one in favor of the other
e. Donations propter nuptias: are revoked by operation of law;
i. General rule: shall remain valid. c. all testamentary dispositions made by one in favor of the other
ii. Exception: If the donee, or both spouses, contracted are revoked by operation of law; and
the marriage in bad faith, the donation is revoked by d. the parties shall be liable for the crime of bigamy.
operation of law.
22. Effects of Judicial Declaration of Nullity of Marriage
f. Designation as beneficiary in insurance policy:
i. General rule: If the designation is irrevocable, the (1) Retroactivity:
insured has no right to change the designated
beneficiary. a. Rule: The judicial declaration of the nullity of the marriage
ii. Exception: If the beneficiary acted in bad faith in retroacts to the date of its celebration insofar as the vinculum
contracting the subsequent marriage, the innocent between the spouses is concerned.
spouse "may" revoke such designation.
b. Exceptions:
g. Disqualification to inherit: i. Even if the first marriage is void but no judicial
i. the spouse who contracted marriage in bad faith is declaration of its nullity is obtained prior to contracting
disqualified to inherit from the innocent spouse by a subsequent marriage, the subsequent marriage is
testate and intestate succession; void and there is liability for the crime of bigamy.
ii. if both acted in bad faith, TESTAMENTARY ii. The subsequent judicial declaration of nullity of
dispositions by one in favor of the other are revoked marriage on the ground of psychological incapacity
by operation of law, but the parties are not disqualified does not retroact to the date of the celebration of the
to inherit from each other by testamentary marriage insofar as the penal law on bigamy is
succession. concerned, hence, there is still liability for the crime of
bigamy.
21. Void Marriage Under Article 44 of the FC
(2) Status of Children:
(1) Requisites:
a. General Rule: illegitimate.
a. Prior spouse (absentee) of the spouse present must have been
absent for 4 consecutive years, or 2 years;
 b. Exceptions: Even if the marriage is void, the children are still
considered legitimate if the marriage is void by reason of: a. Intestate succession: Since the parties are no longer spouses,
psychological incapacity or for non-compliance with Art. 52, they cannot inherit from each other by way of INTESTATE
FC. succession.

(3) Property Relations: b. Testamentary succession: Any testamentary provision by one

in favor of the other shall remain valid except:
a. General Rule: governed by the provisions of Art. 147 or 148. i. If the subsequent marriage is judicially declared void
by reason of Art. 40, FC, the spouse who contracted
b. Exception: If the subsequent marriage is void by reason of the subsequent marriage in bad faith is disqualified to
non-compliance with Art. 40, the property relations of the inherit from the innocent spouse.
parties to the subsequent marriage would still be ACP, CPG, or ii. If the marriage is void under Art. 44, FC, all
CSP. testamentary dispositions made by one in favor of the
other are revoked by operation of law. But the parties
(4) Effect on Donation Propter Nuptias: are not disqualified to institute each other as voluntary
heir in their respective wills to be executed AFTER
a. General Rule: revocable at the instance of the donor. the judicial declaration of nullity.

b. Exceptions: (7) Parental Authority and Custody of Children:

i. If the subsequent marriage is judicially declared void
by reason of Art. 40, FC, the donation remains valid a. General Rule: children are illegitimate, in which case, they
except if the donee spouse contracted the marriage in shall be under the parental authority and custody of the
bad faith, in which case, the donation is revoked by mother.
operation of law.
ii. If the marriage is void under Art. 44, FC, all donations NB: The illegitimate father, as a consequence, is not entitled to
propter nuptias made by one in favor of the other are custody, even if he admits paternity. Such recognition could be
revoked by operation of law. a ground for ordering the latter to give support to, but not
custody of, the illegitimate children. But the illegitimate father is
(5) Effect on Designation as Beneficiary in Insurance Policy: entitled to visitation rights.

a. General rule: If the designation is irrevocable, the insured b. Exception: If the marriage is judicially declared void by reason
cannot change such designation even if the marriage between of psychological incapacity or non-compliance with the
the spouses be void. requirements of Art. 52, FC, the children of said void marriage
are legitimate but parental authority and custody shall be
b. Exception: If the subsequent marriage is judicially declared exercised by the parent designated by the court.
void by reason of Art. 40, FC, the innocent spouse may revoke
such designation if the beneficiary spouse acted in bad faith. NB: In matters of custody, the paramount criterion is the
welfare of the child. However, if the child is under 7 years of
(6) Effect on Right to Inherit: age, the law presumes that the mother is the best custodian,
 unless the court will find compelling reasons to deprive her of (3) Subject to Prescriptive Period or Statute of Limitations:
custody. The non-custodial parent is entitled, however, to
visitation rights. a. Prescriptive Periods:
i. Lack of parental consent:
B. Voidable Marriages  the person whose consent is required under Art.
14, FC must file the action for annulment prior to
23. Characteristics of Voidable Marriages the party attaining the age of 21; or
 IF NO SUCH ACTION IS FILED, the party whose
(1) Considered Valid and Produces All its Civil Effects, until it is set parent did not give consent may file the action
aside by final judgment of a competent court in an action for within 5 years after attaining the age of 21.
annulment. ii. Insanity: must be filed during the lifetime of the parties
filed by:
a. Children: legitimate if conceived OR born before the finality of  the insane spouse, after regaining sanity or
the judgment of annulment. during lucid interval;
 the sane spouse, if he/she was not aware of the
b. Property relations: remain to be ACP, CPG or CSP. other's insanity at the time of the celebration of
marriage; or
(2) The Defects of a Voidable Marriage can Generally be Ratified by  any relative or person having legal charge of the
free cohabitation or by prescription. insane.
iii. Fraud: within 5 years from its discovery, and ONLY
a. Exception: not subject to ratification, although subject to the victim may file the action;
prescription: iv. Vitiation of consent: within 5 years from
i. Physical incapability to consummate the marriage disappearance of ground, and ONLY the victim may
(impotency) which appears to be incurable; and file the action;
ii. Affliction with STD which is found to be serious and v. Physical incapability (impotence) or affliction with STD
incurable. (serious and incurable): within 5 years from the
celebration of the marriage, and ONLY the injured
b. How defect is ratified: party may file the action.
i. Lack of parental consent: by free cohabitation by the
party entitled to seek annulment after attaining the (4) Can be assailed only in a direct proceeding for that purpose and
age of 21; not collaterally.
ii. Insanity: by free cohabitation by the insane after
coming to reason; (5) Can be questioned only during the lifetime of the parties and not
iii. Fraud: by free cohabitation by the injured party after after death of either, in which case the parties and their offspring
gaining full knowledge of the fraud; will be left as if the marriage had been perfectly valid.
iv. Vitiation of consent (force, intimidation or undue
influence): by free cohabitation by the injured party (6) The ground or defect must be in existence at the time of the
after the ground disappears. celebration of the marriage.
24. Grounds for Annulment of Voidable Marriages  the same was concealed from the other party at
the time of the celebration of the marriage.
(1) Lack of Parental Consent: Who must give consent: father, mother, iv. Concealment of drug addition, habitual alcoholism,
surviving parent or guardian, or persons having legal charge of the homosexuality or lesbianism; Requisites:
party who is at least 18 but below 21, IN THE ORDER  existence of drug addiction, habitual alcoholism,
MENTIONED. homosexuality or lesbianism, regardless of its
nature, at the time of celebration of marriage; and
NB: if such party is an illegitimate child, it is the consent of the  the same was concealed from the other party at
mother is required because the child is under the latter’s SOLE the time of the celebration of the marriage.
parental authority.
b. Enumeration Exclusive: NO other circumstance other than the
(2) Insanity: voidable whether or not the sane spouse was aware of the foregoing may constitute fraud for purposes of making the
existence of such insanity at the time of the celebration of the marriage annullable.
marriage. If the sane spouse had no knowledge of the other's
insanity at the time of the celebration of the marriage, the sane (4) Consent is obtained Through Force, Intimidation or Undue
spouse has the personality to file the action for annulment; Influence:
otherwise, only the insane or his relative, guardian or person having
legal charge of him may file the action for annulment. a. Requisites:
i. it must be the determining cause of the contract;
(3) Consent is Obtained Through Fraud: ii. it must be unjust or unlawful;
iii. it must be serious or grave; and
a. What constitutes fraud: iv. it must have produced a reasonable and well-
i. Non-disclosure of previous conviction; Requisites: grounded fear from the fact that the person who
 previous conviction by final judgment; employed it has the necessary means to inflict the
 the crime must involve moral turpitude; and threatened injury.
 such fact was not disclosed to the other prior to,
or at least during, the celebration of the marriage. b. If claim is just: A threat to enforce one's claim through
ii. Concealment of pregnancy by a man other than the competent authority, if the claim is just or legal, does not vitiate
husband; Requisites: consent.
 the wife was pregnant at the time of celebration
of marriage; (5) Either Party was Physically Incapable of Consummating the
 such pregnancy was by another man; and Marriage (Impotence):
 the same was concealed from the husband at the
time of the celebration of marriage. a. The ground refers to impotency or the physical inability to
iii. Concealment of STD; Requisites: perform the act of sexual intercourse; not sterility or the
 either party was afflicted with STD at the time of inability to procreate.
the celebration of the marriage, regardless of its
nature; and b. Requisites:
i. incapacity must be existing at the time of marriage;
 ii. it continues up to the time of filing of petition for annulment, BUT parental authority and custody shall be exercised
annulment; by the parent designated by the court.
iii. it appears to be incurable; and
iv. it must be unknown to the injured party at the time of (3) Dissolution and Liquidation of the ACP or CPG . However, if either
the marriage. party contracted the marriage in bad faith, his or her share in the
"net profits" shall be forfeited in favor of: common children; in
c. Buren of Proof: The law presumes potency. Hence, the burden default thereof, children of the guilty spouse by a previous
of proof is upon the injured party who alleges the existence of marriage; or in default thereof, the innocent spouse.
impotency.
(4) Effect on donation propter nuptias: The donation propter nuptias
NB: But if the wife remains a virgin after 3 years of shall remain valid. BUT if the donee acted in bad faith, the donor
cohabitation, the husband will be presumed impotent under the may revoke the donation.
“Doctrine of Triennial Cohabitation”.
NB: The donation is revocable at the instance of the donor, even in
(6) Either Party was Afflicted with STD which is Serious and Incurable: the absence of a judgment of annulment if the marriage is voidable
by reason of lack of parental consent.
a. Requisites:
i. the STD must have existed at the time of the (5) Beneficiary in the Insurance Policy: Innocent spouse may revoke
marriage; the designation of the other spouse who acted in bad faith, even if
ii. it is unknown to the injured party; the designation be stipulated as irrevocable.
iii. the injured party himself or herself was not afflicted
with the disease of the same nature; and (6) Spouse who contracted the marriage in bad faith shall be
iv. it must be serious and appears to be incurable. disqualified to inherit from the innocent spouse by testate and
intestate succession.
b. Article 45(6); compared with Article 46(3):
i. In 45(6), the ground is the existence of the STD itself; 26. Role of the Solicitor General and the Public Prosecutor
in 46(3), the ground is concealment of the STD; and
ii. In 45(6), the STD is required to be serious and (1) Role of the OSG:
incurable; in 46(3), regardless of its nature.
a. The State is a party in interest in this kind of cases and it is
25. Effects of Annulment Decree only the Solicitor General who is authorized to bring or defend
actions on behalf of the People or the Republic of the
(1) Termination of the marital bond but the former spouses must Philippines once the case is brought before the Supreme Court
comply with the requirements of Art. 52, FC if any of them wishes to or the Court of Appeals. Besides, the under A.M. No. 02-11-10-
remarry; otherwise, the subsequent marriage will be void BUT there SC, the authority of the Solicitor General to intervene and take
is no criminal liability for bigamy. part in the proceedings for annulment and declaration of nullity
of marriages before the RTC and on appeal to higher courts is
(2) Children of the terminated marriage are considered legitimate , if now expressly recognized.
conceived OR born prior to the finality of the judgment of
 b. The requirement provided in Republic v. Molina for the Solicitor (4) Attempt of respondent to corrupt or induce the P, a CC or CP, to
General to issue a certification stating his reasons for his engage in prostitution, or in connivance in such corruption or
agreement or opposition to the petition for declaration of nullity inducement.
of marriage has been dispensed with following the
implementation of A.M. No. 02-11-10-SC. (5) Final judgment sentencing respondent to imprisonment of more
than 6 years, even if pardoned.
(2) Role of Public Prosecutor: The public prosecutor is required to
intervene in annulment and petition for declaration of nullity of void (6) Drug addiction, habitual alcoholism, lesbianism or homosexuality of
marriages in order to prevent collusion between the parties and to respondent.
ensure that evidence is not fabricated or suppressed.
(7) Contracting of subsequent bigamous marriage, whether in the
Philippines or abroad.
[Title II – Legal Separation]
(8) Sexual infidelity or perversion.
(Arts. 55-67, FC)
(9) Attempt against the life of the petitioner.

(10) Abandonment of petitioner without justifiable cause for more than

27. Distinguished from Annulment and Divorce one year.

Annulment Divorce Legal Separation 29. Defenses in Legal Separation

Marital Severed. Severed. Not severed.
Bond (1) Condonation: Given after the offense is committed. It is in the
MUST exist AT MAY exist AFTER MUST exist only nature of conditional forgiveness of a matrimonial offense which
THE TIME of the celebration of AFTER the would be a ground for legal separation.
Cause (2) Consent: It is given in advance or prior to the commission of the act
marriage. marriage. celebration of
marriage. which would be a ground for legal separation.

28. Grounds for Legal Separation (3) Connivance: It implies an agreement, express or implied by both
spouses to the ground for legal separation.
(1) Repeated physical violence against the petitioner, a common child
or child of the petitioner. (4) Collusion: It also implies an agreement between the parties for one
of them to commit, or to appear to commit, or to be represented in
(2) Grossly abusive conduct against the P, a CC or CP. court as having committed, a matrimonial offense, or to suppress
evidence of a valid defense, for the purpose of enabling the other to
(3) Physical violence or moral pressure to compel the petitioner to obtain a legal separation.
change religious or political affiliation.
NB: Collusion may not be inferred from the mere fact that the guilty
party confess to the offense and thus enables the other party to
 procure evidence necessary to prove it. If there is evidence of the
ground for legal separation independently of such confession, the (1) Right to live separately from each other, but there is no severance
decree must be granted. What is prohibited is a judgment based of the marriage bonds. As a consequence, the husband no longer
exclusively on such confession. has the right of consortium.

(5) Mutual guilt or recrimination, or when both parties gave ground for (2) Dissolution and liquidation of the ACP or CPG: However, the share
legal separation. of the offending spouse in the "net profits" shall be forfeited in favor
of: common children; in default thereof, children of the guilty spouse
(6) Prescription: 5 years from occurrence of cause. Even if not by a previous marriage; or in default thereof, the innocent spouse.
interposed but the same is borne by the records, the court may After which, the spouses shall be governed by a regime of
dismiss the action. complete separation.

30. Effect of Death of a Party (3) Right to inherit:

(1) If a party dies PRIOR to the entry of judgment: the case shall be a. Intestate succession: The offending spouse shall be
terminated. disqualified to inherit from the innocent spouse. But the
innocent spouse can inherit from the offending spouse.
(2) If a party dies AFTER the entry of judgment: the judgment shall
bind the parties and their successors-in-interest. b. Testamentary succession: Testamentary dispositions in favor
of the offending spouse existing at the time of the finality of the
31. Cooling-off Period decree of legal separation shall be revoked by operation of
law. But the offending spouse is not disqualified to inherit from
(1) Rule: case shall not be tried within 6 months from the filing of the the innocent spouse. Hence, if the favorable testamentary
petition. dispositions are made AFTER the decree of legal separation,
the same shall be valid.
(2) Exception: If the ground for the petition constitutes "violence" as
defined in RA 9262, no cooling-off period shall apply. Instead, the (4) Right to receive legal support:
court is mandated to immediately hear the case.
a. Rule: After the finality of the decree of legal separation, the
NB: The cooling-off period does not prevent the court from hearing obligation of mutual support between the spouses ceases.
a motion for preliminary injunction to prevent the respondent from
managing the exclusive property of the petitioner. b. Exception: The court may, however, order the GUILTY spouse
to give support to the innocent spouse.
(3) Duty of Court: Courts must take steps toward the reconciliation of (5) Donation Propter Nuptias:
the spouses and may only issue the decree of legal separation after
it has been satisfied that, despite such efforts, reconciliation is a. Donation propter nuptias made by the innocent spouse in favor
highly improbable. of the offending spouse may be revoked by the former and the
action to revoke must be filed within 5 years from the finality of
32. Effects of Decree of Legal Separation the decree of legal separation.
 (3) Agreement to Revive Previous Property Regime:
b. Donation propter nuptias made by a third party may be
revoked by the donor in case of legal separation and the donee a. Requisites:
is the guilty spouse. i. they must execute an Agreement of Revival under
oath;
(6) Beneficiary in the Insurance Policy: The innocent spouse may ii. the agreement must specify the properties to be
revoke the designation of the guilty spouse, even if the designation contributed anew to the restored regime and those to
be stipulated as irrevocable. be retained as separate properties;
iii. the names of creditors, their addresses and amounts
(7) Custody of Children: owing to each must likewise be specified; and
iv. the agreement must be submitted in court for
Be it separation de facto or legal separation, parental authority approval by way of a verified motion for its approval.
and custody shall be exercised by the parent designated by the
court. b. Adoption of new property regime: The new Rule on Legal
Separation (A.M. No. 02-11-11-SC) allows the spouses, upon
NB: RA 9262 prohibits the awarding of custody of minor reconciliation and with the intervention of the court, to adopt a
children to the perpetrator of a woman who is suffering from new property regime different from that which they had prior to
battered woman syndrome. In addition, the same law provides the filing of the petition for legal separation.
that the victim who is suffering from battered woman syndrome
shall not be disqualified from having custody of her children. NB: the parties may not adopt ACP or CPG as their new
property regime because these regimes cannot commence at
33. Effects of Reconciliation any other time except at the precise moment of the celebration
of the marriage and any stipulation to the contrary is void.
(1) Decree of Reconciliation: This is the decree issued by the court in a
legal separation case upon the joint manifestation of the spouses 34. Protection Orders
under oath that they have reconciled.
(1) Protection Order under RA 9262:
(2) Effects of Decree of Reconciliation:
a. VAWC: defines and criminalizes acts of violence against
a. If the proceedings for legal separation remain pending: women and their children perpetrated by women's intimate
terminated. partners, i.e, husband, former husband, or any person who has
b. If the decree of reconciliation is issued after the finality of the or had a sexual or dating relationship, or with whom the
decree of legal separation: the effects shall be set aside. woman has a common child.

NB: The separation of property and any forfeiture of the share of b. Concept of protection orders: an order issued to prevent further
the guilty spouse already effected shall subsist unless the spouses acts of violence against women and their children, their family
have agreed to revive their former regime of property relations. or household members, and to grant other necessary reliefs.

c. Three kinds of protection orders:

 i. Barangay Protection Order: issued by the Punong
Barangay or, in case of his unavailability, by any
Barangay Kagawad, which is intended to afford
temporary relief to the victim.
ii. Temporary Protection Order: issued by the court upon
the filing of the application after an ex parte
determination of the need for such protection, which
shall be effective for 30 days.
iii. Permanent Protection Order: issued by the court after
notice and hearing, which shall remain effective until it
is revoked upon application of the person in whose
favor the order was issued.

(2) Protection Order Under A M. 02-11-12-SC: While the protection

orders under RA 9262 can be availed of only by women or their
children who are victims of violence, the order of protection, as a
form of provisional remedy under Sec. 7 of A.M. No. 02-11-12-SC,
is available to ANY party in the legal separation case, be it the
husband or the wife.