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Civil Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

ANNEX A

EFFECTS OF TERMINATION OF MARRIAGE

Grounds for annulment Who can file Prescriptive period Ratification


Lack of parental consent a. Party under age a. Within 5 years after Free cohabitation after reaching 21
attaining 21
b. Parent or guardian b. Before child reaches 21

Insanity of one party Sane spouse 2 views: Free cohabitation after insane regains sanity
Sempio-Diy:
Before death of other party

Dean Del Castillo:


Within 5 years from the time the
right or action accrues
Guardian of insane Anytime before the death of
spouse either party
Insane spouse During the lucid interval or after
regaining sanity also before
death of other party
Fraud Injured Party Within 5 years after discovery Free cohabitation even with full knowledge of
of Fraud facts constituting the fraud
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Vitiated consent Injured Party
are needed to see this picture. Within 5 years from time force, Free cohabitation after the cause disappeared
intimidations or undue influence or ceased
disappeared or ceased
Incapability to Consummate/ Injured Party Within Five Years after the No ratification since defect is permanent.
Sexually transmissible disease marriage ceremony
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

ANNEX B

EFFECTS OF VOIDABLE BIGAMOUS MARRIAGE, DECLARATION OF NULLITY, AND ANNULMENT

VOIDABLE BIGAMOUS MARRIAGE (ART 41) DECLARATION OF NULLITY ANNULMENT


Status of Children of subsequent marriage conceived before its termination – Illegitimate except Art. Children conceived or born
children legitimate 36 and Art. 53 before annulment decree –
legitimate
Property ACP/CPG shall be liquidated. Spouse who contracted the marriage in Same Same
Relations bad faith, his/her share in the net profits of community property shall be
forfeited in favor of common children or if there are none, children of the
guilty spouse by previous marriage or in default, the innocent spouse
Donations Shall remain VALID except Same Same
Propter a. If donee contracted the marriage in bad faith, donations propter
Nuptias nuptias made to the donee are revoked by operation of law.
b. If both spouses acted in bad faith, donations propter nuptias
made by one in favor of the other are revoked by operation of law.
Insurance If one spouse acted in bad faith, innocent spouse may revoke his Same Same
designation as beneficiary in the insurance policy even if such
designation be stipulated irrevocable
Succession If one spouse contracted the marriage in bad faith, he shall be Same Same
disqualified to inherit from the innocent spouse both testate and
intestate

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Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

ANNEX C

DISTINCTION BETWEEN VOID AND VOIDABLE MARRIAGE


VOID VOIDABLE
As to nature Inexistent from the time of performance Valid until annulled
As to susceptibility to Cannot be ratified Can be ratified either by free cohabitation or prescription
ratification
As to effect on property No community property, only co-ownership (Art Absolute community exists unless another system is
147) agreed upon in marriage settlement
As to effect on children Children are illegitimate Children are legitimate if conceived before decree of
Exceptions: annulment
a. In case of psycho incapacity (Art 36)
b. Children born of subsequent marriage (Art 53)
As to how marriage may a. May be attacked directly or collaterally but for a. Cannot be attacked collaterally, only directly, i.e. there
be impugned purpose of remarriage, there must be judicial must be a decree of annulment
declaration of nullity. b. Can no longer be impugned after death of one of the
b. Can still be impugned even after death of parties parties
c. Action for nullity does not prescribe c. Action prescribes

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Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

ANNEX D
WHO
STAGES WHEN TO FILE REMEDY
MAY FILE

a. receivership (Art. 12, FC)


Provisional b. judicial separation of property (Art. 12, FC)
No statutory period Spouse
Absence c. authority to be sole administrator of the
conjugal partnership (Art . 12, FC)

Declaration of Absence and Appointment of


a. the spouse
Administrator (spouse shall be preferred) but
b. voluntary heirs
only under the following cases:
c. intestate heirs
without administrator a. when the absentee has properties which
d. those who may
- 2 years from time of have to be taken cared of or administered
have over the
disappearance by a representative appointed by the Court
Declaration property of the
(Art. 384, NCC)
of Absence absentee some
with administrator b. when the spouse of the absentee is asking
right
- 5 years from time of for separation of property (Art. 135, FC)
subordinated to
disappearance c. when the spouse of the absentee is asking
the condition of
the Court that the administration of all
the absentee's
classes in the marriage be transferred to her
death
(Art .142, FC)
ORDINARY ABSENCE
• 4 years Æ person
presumed dead for
purposes of remarriage
of the spouse present
• 7 years Æ presumed
dead for all purposes
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• 10 years Æ person
Action to declare a person presumptively dead is
Presumption presumed dead for
Spouse proper only when the spouse of the absentee
of death purposes of succession
wants to remarry
EXCEPT if he disappeared
after the age of 75, in which
case, a period of 5 years
EXTRAORDINARY
ABSENCE
• 4 years Æ for all
purposes including those
of opening succession
• 2 years Æ for purposes
of remarriage)