Void Marriages Voidable Marriages Separation in fact (De facto separation)

ACTION FILED Nullity Annulment Legal Separation

VALIDITY Considered as having never taken place and cannot be the source of rights Valid until otherwise declared by court Merely bed and board separation
Collateral
TYPE OF ATTACK direct Direct
Direct
For direct proceeding - only during the lifetime of the parties
PRESCRIPTION Within the lifetime of the parties as provided by law Within 5 years from the occurrence of the cause
For collateral attack no prescription extends beyond death or parties
Condonation, consent, connivance, collusion,
RATIFICATION No ratification Generally, ratifiable by free cohabitation or prescription
recrimination
Direct either of the contracting parties Injured party (contracting parties + parent or guardian as
LEGAL STANDING Only the innocent party
Collateral - Any interested parties can assail provided by law)
Absence of essential or formal requisites Defect in essential requisites of marriage Art. 55
GROUNDS May or may not exist at celebration of marriage but
Must exist at the time of the marriage Must exist at the time of the marriage
GENERALLY cause arises after marriage
Art 35. 1 Contracted by any party below eighteen years of age even with That the party in whose behalf it is sought to
the consent of parents or guardians have the marriage annulled was 18 years old or
Art 35.4 Bigamous or polygamous marriages not failing under Article 41 over but below 21, and the marriage was
solemnized without the consent of the parents,
Subsequent marriages that are void under Article 53 - Art. 45. 1
guardian or person having substitute parental
Art 35.6 subsequent marriages contracted without a JDNOM of first authority over the party, in that order
marriage (Art 40), partition and distribution of properties and
delivery of presumptive legitimes (Art. 52)
(unless free cohabitation at 21)
Contracted by any party who, at the time of the celebration, was
Art. 36 psychologically incapacitated to comply with the essential marital
obligations of marriage That either party was physically incapable of
consummating the marriage with the other, &
Incestuous, whether the relationship between the parties is
Art 45.5 such incapacity continues & appears to be
legitimate or illegitimate: (consanguinity)
Art. 37 incurable;
1) Between ascendants & descendants of any degree; &
2) Between brothers & sisters, whether full or half-blood

LEGAL CAPACITY For reasons of public policy: (legal fiction)
1) collateral blood relatives, whether legitimate or
illegitimate, up to the 4th civil degree
2) step-parents & step-children
3) adopting parents & the adopted child
E 4) parents-in-law & children-in-law
5) surviving spouse of the adopting parents & the adopted That either party was afflicted with a sexually
Art. 38
S child transmissible disease found to be serious &
Art 45. 6
6) surviving spouse of the adopted child & the adopter appears to be incurable.
S 7) adopted child & a legitimate child of the adopter
8) adopted children of the same adopter
E 9) parents where one, with the intention to marry the
other, killed that other persons spouse or his or her
N own spouse
Art. 41 Subsequent marriage without a JDPD
T Art. 44 If both spouses of the subsequent marriage acted in bad faith
Art 45.1 **
I Art 35. 1
** That either party was of unsound mind (free
Art 45.2
cohabitation of insane spouse)
A
That the consent of either party was obtained
Art 45. 3 by fraud
L (free cohabitation after discovery of fraud)
CONSENT
That the consent of either party was obtained
Art 35.5 Mistake in Identity by force, intimidation or undue influence
(free cohabitation after cessation of force,
Art 45.4
intimidation, undue influence)

Solemnized by any person not legally authorized to perform

AUTHORITY OF
F marriages unless such marriages were contracted with either or
SOLEMNIZING Art 35.2
O both parties believing in good faith that the solemnizing officer had
OFFICER
R the legal authority to do so;
M
MARRIAGE Solemnized without license, except those covered the preceding
A Art 35.3
LICENSE Chapter
L
SEVERANCE OF Marital and property ties Marital and property ties Property ties
GENERAL RULE: Children conceived and born inside a void marriage are
illegitimate

EXCEPTIONS
1) As provided by in Art. 54
a) Children born in Art 36 marriages
b) Children born of subsequent marriage under Art 53.
1) Children born in subsequent marriages after JDPD (Art 41)
Art 54 All Children conceived or born before the judgment of annulment
re: Art 36 or nullity under Art. 36 has become final and executory
LEGITIMACY OF Art. 54 If a person in a void marriage fails to get a JDNOM and remarries, Children are legitimate Children are legitimate
CHILDREN re: Art 53 the child in subsequent marriage is illegitimate
But if he obtained a JDNOM, and merely failed to record the
JDNOM and distribute and partition his properties, children in 2nd
marriage are legitimate
Children conceived during the subsequent marriage in Art 41
(JDPD) and before termination due to reappearance of absentee
spouse in Art. 42 are considered legitimate, as they are conceived
Art. 41 in a valid bigamous marriage, if one or none of the spouses are in
bad faith
C
When both spouses act in bad faith, the marriage will be void ab
O
initio. Children are illegitimate
N
S
E GENERAL RULE
Q
U Property regime: Co-ownership
E Not necessary to liquidate first before declaring nullity (Art. 496 of CC)
N Liquidation according to Art 147 and 148
C When one of the parties is in bad faith, the share of said party in the
E co-ownership shall be forfeited in favor of their common children.
S In case of default or of waiver by any or all of the common children
or their descendants, share shall belong to the innocent party Property regime: ACP or CPG
Forfeiture shall take place upon the termination of cohabitation Liquidate first before declaration of annulment
No delivery of presumptive legitime because children are illegitimate Property regime: ACP or CPG Liquidation according to Art 50 which states that Art
Partition of conjugal dwelling pursuant to equal division co ownership Liquidate first before declaration of annulment 43 will apply
Liquidation according to Art 50 which states that Art 43 will apply Bad faith of one of the parties equates to
EXCEPTION Bad faith of one of the parties equates to forfeiture forfeiture in favor of the common children,
PROPERTY [marriages that are void due to failure of a party to get a prior JDNOM of previous in favor of the common children, the children of the the children of the guilty spouse by a
REGIME void marriage before contracting a 2 nd marriage ( Art 40 in relation to Art 52 and guilty spouse by a previous marriage, or children of previous marriage, or children of innocent
53)] innocent spouse [in accordance 43(2)]. spouse [in accordance 43(2)].
Delivery of presumptive legitime according to Art 50 No delivery of presumptive legitime
Property regime: ACP/CPG Partition of Conjugal dwelling according to Art. 102 (6) for ACP Partition of Conjugal dwelling according to Art. 102 (6)
Liquidate first before declaring void and Article 129 (9) on CPG for ACP and Article 129 (9) on CPG
Liquidation according to Art 50 which states that Art 43 will apply
Bad faith of one of the parties equates to forfeiture in favor of the
common children, the children of the guilty spouse by a previous
marriage, or children of innocent spouse [in accordance 43(2)].
Delivery of presumptive legitime according to Art 50, 51, 52
Partition of Conjugal dwelling according to Art. 102 (6) for ACP or Art 129 (9) on
CPG

EXCEPTION TO EXCEPTION:
f spouse obtains a JDNOM, but fails to record it, distribute legitimes and partition
property (Art 40 without Art 52 and 53) REVERT BACK TO GENERAL RULE
DONATIONS Innocent spouse may revoke the donations made by
Revoked by operation of law if donee acted in
PROPERTER Art 40/44 Revoked by operation of law Art 43.3 him or by her in favor of the offending spouse within
bad faith
NUPTIAS 5 years of finality of the LS decree
INSURANCE Innocent spouse has option to revoke or maintain designation Considered revoked after written notification thereof
BENEFICIARY as beneficiary of erring spouse to the insured (aka the guilty spouse)
Erring spouse is disqualified from testate/intestate succession of Erring spouse is disqualified from testate/intestate
INHERITANCE Revoked by operation of law
innocent spouse succession of innocent spouse

VOIDABLE MARRIAGES
Ground
1. No parental consent
2. Unsound mind
3. Fraud
4. Vitiated Consent
5. Incapacity to Consummate/STD
Reconciliation renders disinheritance ineffectual
Provisions in will are revoked by operation of law
Optional reinstatement of provisions in will
Party to File the Suit Prescription Period
a. Parent or guardian having legal charge of no- consent party a. While no-consent party has yet to reach 21 years of age
b. No-consent party b. Within 5 years after attaining the age of 21 (also, from 18-21)
a. Sane spouse who discovered insanity after marriage a. At any time before the death of either party
b. Relative or Guardian having legal charge of insane spouse b. At any time before the death of either party
c. Insane spouse c. During lucid interval or after regaining sanity
Injured party Anytime within 5 years after discovery of the fact of fraud
Injured party Anytime within 5 years after the force, undue influence or intimidation has ceased
Injured party Within 5 years after the marriage