FAMILY CODE OF THE PHILIPPINES

ARTICLE 36
Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with
the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its
solemnization. (As amended by Executive Order 227)

NEW CIVIL CODE OF THE PHILIPPINES

ARTICLE 90
Article 90. When a marriage is annulled, the court shall award the custody of the children as it may deem best, and make
provision for their education and support. Attorney's fees and expenses incurred in the litigation shall be charged to the conjugal
partnership property, unless the action fails. (33a)

EFFECT OF LEGAL SEPARATION

FAMILY CODE OF THE PHILIPPINES
ARTICLE 61-63
Art. 61. After the filing of the petition for legal separation, the spouses shall be entitled to live separately from each other.
The court, in the absence of a written agreement between the spouses, shall designate either of them or a third person to
administer the absolute community or conjugal partnership property. The administrator appointed by the court shall have the
same powers and duties as those of a guardian under the Rules of Court. (104a)
Art. 62. During the pendency of the action for legal separation, the provisions of Article 49 shall likewise apply to the support of
the spouses and the custody and support of the common children. (105a)
Art. 63. The decree of legal separation shall have the following effects:
(1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed;
(2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no
right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in
accordance with the provisions of Article 43(2);
(3) The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this
Code; and
(4) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover,
provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. (106a)
ARTICLE 49
Art. 49. During the pendency of the action and in the absence of adequate provisions in a written agreement between the
spouses, the Court shall provide for the support of the spouses and the custody and support of their common children. The
Court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with
whom they wish to remain as provided to in Title IX. It shall also provide for appropriate visitation rights of the other parent. (n)
ARTICLE 198
Art. 198. During the proceedings for legal separation or for annulment of marriage, and for declaration of nullity of marriage, the
spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. After
the final judgment granting the petition, the obligation of mutual support between the spouses ceases. However, in case of legal
separation, the court may order that the guilty spouse shall give support to the innocent one, specifying the terms of such
order. (292a)
ARTICLE 213
Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The
Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the
parent chosen is unfit. (n)