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PFR (Arts.

45-47 only)
Reference: The Law on Persons
Family Relations by Elmer T. Rabuya

Russel Anne C. Bundoc


JD 1B
VOIDABLE MARRIAGE
Characteristics:

1. Valid until otherwise declared by the court;


2. Defect which serves as ground for annulment must be in existence at the time of the
celebration of the marriage;
3. Cannot be assailed collaterally except in a direct proceeding;
4. Can be assailed only during the lifetime of the spouses;
5. Only parties to the voidable marriage can assail it;
6. Action for annulment is subject to prescription (Art.47);
7. Defect is generally subject to ratification except for grounds mentioned in Art 45 pars. (4)
& (5)

GROUNDS FOR
ANNULMENT
No parental consent

(who must give consent: father,


mother, surviving parent or
guardian, or persons having legal
charge of a party whose age is
at least 18 or over but below 21)

Unsound mind

WHO MAY FILE


(1) the person whose
consent is required,
only in cases where
the party to the
marriage has not
attained the age of 21;
and
(2) party whose
parent has not given
consent, only in cases
where such party has
attained the age of 21

PRESCRIPTIVE
PERIOD
(1) at any time
before the party (for
whom no parental
consent was given)
reaches the age of 21
(2) 5 years after the
party has reached
the age of 21

SUBJECT TO
RATIFICATION
Yes. Can be
ratified by the
party whose
parent has not
given consent,
after reaching the
age of 21, freely
cohabits with the
other and lived as
H and W.

(1) the sane spouse


provided that she has
no knowledge of the
others insanity;
(2) any relative or
guardian or any
person having legal
charge of the insane
person; or
(3) the insane person
during a lucid
interval

Any time before the Yes. The insane


death of either party. spouse is the only

Fraud

By the injured
party or the party
nor responsible
for the fraud

Within 5 years from


the discovery of
fraud

Yes. Can only be


ratified by the
injured party by
freely cohabiting
with the guilty
spouse as H and W
after gaining full
knowledge of the
facts constituting
fraud.

Force, intimidation or
undue influence

By the injured
party or the party
who was
subjected to
duress

Within 5 years from


the time the force,
intimidation or
undue influence
disappeared or
ceased

Yes. Can only be


ratified by the
injured party by
freely cohabiting
with the other as
H and W after
the
disappearance or

(The test is whether the party at


the time of the marriage was
capable of understanding the
nature and consequences of the
marriage.)

one who can ratify


the voidable
marriage, after
regaining sanity,
by freely
cohabiting with
the other as H and
W.

PFR (Arts.45-47 only)


Reference: The Law on Persons
Family Relations by Elmer T. Rabuya

Russel Anne C. Bundoc


JD 1B

Physical Incapability to
consummate the
marriage

By the injured party


or the party who was
not aware of the
existence of such
incapacity at the time
of the marriage and
who himself or
herself was not
suffering from the
same incapacity

Within 5 years after


the celebration of the
marriage and not
after the discovery
of such incapacity

Sexually-transmitted
disease

By the injured
party- the party
who was not aware
of the existence of
such disease at the
time of the marriage
and who himself or
herself was not
afflicted with a
disease of the same
nature

Within 5 years after


the celebration of the
marriage and not
after the discovery
of such disease

(or physical ability of sexual


intercourse)

(the existence of STD per se is


not ground for annulment but
the concealment of the
same)

cessation of
force,
intimidation, or
undue influence.
n/a
Rationale: There
has been an entire
and complete
failure of the
consideration of
the marriage
contract.

n/a
Rationale: the
disease herein
referred to is so
serious and
appears and
continues to be
incurable

The right of the sane spouse to institute an action for the annulment of marriage is not
conflicting with the rule regarding the ratification to be made by the insane spouse, if
such insane spouse wishes to do so after regaining sanity, as the right to file an action for
annulment is exercisable only prior to the ratification by the insane spouse.

FRAUD:
o Non-disclosure of a previous conviction by final judgment of the other
party of a crime involving moral turpitude; (An act of moral turpitude is any
act done contrary to justice, honesty, principle or good morals.)
o Concealment of by the wife of the fact that at the time of the marriage, she
was pregnant by a man other than her husband; (If the bride was not aware
that she is pregnant, then there is no fraud. Likewise, there is no fraud if the
husband was aware or could have been aware of the brides pregnancy.)
o Concealment of sexually-transmissible disease, regardless of its nature,
existing at the time of the marriage; (That the disease must be serious and
appears to be incurable, ipso facto, is a ground for the annulment of the marriage
even though it was not concealed by one party from the other; If such ground is so
concealed, the law does not distinguish between serious or non-serious and
curable or incurable disease.) and
o Concealment of drug addiction, habitual alcoholism, or homosexuality or
lesbianism, existing at the time of the marriage. (If these grounds are not
concealed and known to the other party, it would not warrant the annulment of
the marriage. It may not likewise be a ground for legal separation, since the
grounds for the latter must necessarily exist only after the celebration of the
marriage.)
PHYSICAL INCAPACITY OR IMPOTENCY:

Russel Anne C. Bundoc


JD 1B

PFR (Arts.45-47 only)


Reference: The Law on Persons
Family Relations by Elmer T. Rabuya

o Must exist at the time of the celebration of the marriage;


o Impotency cause by a supervening infirmity does not invalidate the
marriage;
o total want of power of copulation, and only as necessary incident thereto
the inability for procreation;
o Barrenness or sterility, or mere sexual weakness or frigidity are not to be
considered as ground for annulment.
o impotency- physical inability to have sexual intercourse
o sterility- inability to procreate
o copulate- act of gratifying sexual desire by union of sexual organs of
biological entities
Triennial Cohabitation: Under this doctrine, if the wife remains a virgin after
three years of cohabitation, the husband will be presumed impotent, and the
burden to overcome such presumption will be shifted upon him. Such
presumption, however, is not absolute as it may be rebutted by proof to the
contrary.

EFFECTS OF FINAL JUDGMENT OF ANNULMENT:


1. Dissolves the special contract of marriage as if it never been entered into but the
effects of the marriage are not totally wiped out
2. Children conceived or born prior to the judgment of the annulment has become
final and executory are considered legitimate;
3. The absolute community property or conjugal partnership of property, as the
case may be, shall be terminated or dissolved, and the same shall be liquidated in
accordance with the provision of Articles 102 and 129, respectively, of the Family
Code. If either spouse has contracted the marriage in bad faith, his or her share of
the net profits of the community property or conjugal partnership shall be
forfeited in favor of:
a. the common children;
b. children of the guilty spouse a previous marriage, in default of common
children; or
c. the innocent spouse, in default of any children of any of the spouse.
4. Donations by reasons of marriage shall remain valid except when the done
contracted the marriage in bad faith, in which case, the donor may revoke the
donation;
5. The innocent may revoke the designation of the guilty spouse as a beneficiary in
any insurance policy, even if such designation be stipulated as irrevocable;
6. The spouse who contracted in bad faith shall be disqualified to inherit from the
innocent spouse by testate and intestate succession.
7. If the wife is whether the guilty or innocent spouse, she shall resume her maiden
name and surname. However, she may choose to continue employing her former
husbands name unless: (1) the court decrees otherwise, or (2) she or the former
husband is married again to another person.
8. The parties are free to re-marry but they must comply with the requirements of
Art. 52 [(a) judgment of annulment or of absolute nullity of marriage, (b)partition and
distribution of the properties of the spouses and (c) the delivery of the childrens

Russel Anne C. Bundoc


JD 1B

PFR (Arts.45-47 only)


Reference: The Law on Persons
Family Relations by Elmer T. Rabuya

presumptive legitimes shall be recorded in the appropriate civil registry and


registries of property; otherwise, the same shall not affect third persons and the
subsequent marriage shall be null and void.
-Final judgment must provide for the (1)liquidation, partition and distribution of the
properties of the spouses, (2) custody and support of the common children and (3) the
delivery of the presumptive legitimes of the common children, unless such matter had
been adjudicated in previous judicial proceedings.