VOID & VOIDABLE MARRIAGES before a valid subsequent marriage can be

contracted.
VOID VOIDABLE  An unsatisfactory marriage cannot be
can generally be considered null and void.
can be ratified ratified by free
cohabitation. Other VOID marriages: INCESTUOUS
always void valid until annulled MARRIAGES
can be attacked CANNOT be 1. Marriages between ascendants and descendants
directly or assailed of ANY degree; (Art. 37 (1), FC)
collaterally collaterally; there
must be a direct 2. Marriages between brothers and sisters, whether
proceeding of the full or half-blood. (Art. 37 (2), FC)
there is no conjugal there is a conjugal
partnership (only partnership Direct line ; count ALL, minus one.
co-ownership) Collateral ; nearest common ancestor, go
Impediments in marriages: down minus one

1. Diriment impediments - VOID. 3. Marriages between collateral blood relative;

2. Prohibitive impediments - do not affect validity; Legitimate or illegitimate, up to the fourth civil
criminal prosecution may follow degree;
-----------------
1. Absolute impediment - person cannot marry at 4. Between step-parents and step-children;
all.
2. Relative impediment - prohibition is only with 5. Between parents-in-law and children-in-law;
respect
certain persons. 6. Between adopting parent and adopted child;

Marriages that are void from the beginning: (Art. 7. Between the surviving spouse of the adopting
35) parent and the adopted child;

1. Those contracted by any party below 18 years of 8. Between surviving spouse of the adopted child
age; and the adopter;

2. Those solemnized by any person NOT LEGALLY
authorized; unless contracted with either or both
parties believing in good faith that the solemnizing
officer had the legal authority;
3. Those solemnized WITHOUT license, except those
covered by the preceding chapter;
4. BIGAMOUS or POLYGAMOUS marriages
9. Between an adopted child and a legitimate child
of the adopter;
10. Between adopted children of the same adopter;
11. Between parties where one, with the intention to
marry someone, killed that other person’s spouse, or
his/her own spouse.

Exception: absence of other spouse. Other Void Marriages:

4 CONSECUTIVE years and the spouse present
had a WELL-FOUNDED BELIEF that the absent
spouse was already dead;
2 CONSECUTIVE years: In case of
disappearance where there is DANGER under the
circumstances set forth in the provisions of Art.
391, CC.
5. Those contracted through mistake of one
contracting party as to the identity of the other;
6. Subsequent marriages that are void under Art. 53.
1. Marriages in a play, drama or movie;
2. Between two boys and two girls;
3. Marriages in jest.
-pretended one; legal in form but entered as a
joke; has o real intentions of entering into the
actual marriage status; and with a clear
understanding that the parties would not be
bound.
4. Common law marriages
5. Marriages when contracted, one of the parties is
psychologically incapacitated

JURISPRUDENCE: PSYCHOLOGICAL INCAPACITY

 A void marriage CANNOT be a source of - the condition of a person who does not have the
rights for it was as though no marriage has taken mind, will and heart for the performance of
place. marriage obligations.
 A declaration of NULLITY is required
  Must already exist at the time of the wedding
regardless if the manifestation or detection
only happened later.
MOLINA DOCTRINE: (guidelines)
a. The burden of proof to show the nullity of
marriage belongs to the plaintiff; in case of doubt,
such shall be resolved in favor of the existence and
continuation of the marriage;
b. Root cause of PSYCHOLOGICAL INCAPACITY
must be medically or clinically identified;
c. Incapacity must be proven to be existing at the
time of the celebration of marriage;
d. Incurability of the psychological incapacity;
e. Gravity of the psychological incapacity;
f. The essential marital obligations must be those
embraced by Art. 68 to 71, FC, as regards the
husband and wife, as well as Art. 220-221 and 225.
FC, in regards to parents and their children;
g. Interpretations given by NAMT of the Catholic
Church is not controlling, but should be given great
respect by our courts;
h. Trial court must order the prosecuting attorney or
fiscal and the Solicitor General to appear counsel
for the state.
BIGAMY
-the criminal offense of WILLFULLY and
KNOWINGLY contracting a second marriage,
while the first marriage is still subsisting and
undissolved.
Requisites:
a. The offender has been legally married;
b. The first marriage has NOT been legally
dissolved or, in case his or her spouse is absent,
the absent spouse could not yet be presumed
dead;
c. That he contracts a second marriage; and
d. That the second or subsequent marriage has
all the essential requisites for validity.
Status of children born in a bigamous marriage:
a. Illegitimate
 A VOID MARRIAGE still needs a judicial
declaration of such fact before any party thereto
can remarry, otherwise the second marriage will
also be void.
Purpose: REMARRIAGE (Art. 40)
When second marriage is NOT bigamous:
 When the second marriage by itself is null and
void. The subsequent issuance of the license
does not validate the void marriage. (People vs
De Lara 51 O.G. 4079)
Declaration of Absence
 Purpose: not for remarriage but for the proper
administration of the estate of the absentee.
Issuance of Marriage License to a widow
 Purpose: prevent doubtful paternity;
 Premature Marriages - any widow who shall
marry within 301 days from the date of the
death of her husband, or before having
delivered, if she shall have been pregnant at the
time of the death, shall be punished by arresto
mayor and fined not exceeding P500.
 If a widow somehow gets a marriage license
within the period prohibited and gets married, it
is believed that the marriage would still be valid
without prejudice to criminal liability;
 The prohibition or impediment is considered
merely a prohibitive impediment and not a
detriment impediment.
SUBSEQUENT MARRIAGE:
 If both spouses acted in bad faith - marriage is
void.
(Art. 44)
Absence: (declaration of presumptive death)
 4 CONSECUTIVE years; WELL-FOUNDED
BELIEF that the absent spouse was already
dead;
 2 CONSECUTIVE years: Iwhere there is
DANGER (Art. 391, CC)
When terminated:
 Recording of the affidavit of reappearance of
absent spouse; a sworn statement of the fact and
circumstances of reappearance. (Art. 42)
Exception: the previous marriage is void ab
inito.
Effects of the termination of a subsequent
marriage: (Art. 43)
 Children conceived prior to its termination are
legitimate.
 Conjugal property shall be dissolved and
liquidated;
 Either of the spouse conducted the
marriage in bad faith - see Art. 43(2).
 Donations by reason of marriage shall remain
valid.
 Donee in bad faith - donations to said
donee are revoked by operation of law.
 Innocent spouse may revoke the designation of FRAUD: Art. 46. (exclusive)
the other spouse who acted in bad faith as 1. Non-disclosure of previous conviction by final
beneficiary in insurance policy, even if judgment of the other party of a crime involving
stipulated as irrevocable; and moral torpitude;
2. Concealment by the wife of her pregnancy at
 Spouse who contracted the subsequent marriage the time of marriage, by a man other than her
in bad faith shall be disqualified to inherit from husband.
the innocent spouse. 3. Concealment of a sexually transmissible
disease, regardless of its nature, existing at the time
ANNULMENT OF MARRIAGE: of the marriage.
4. Concealment of drug addiction, habitual
Grounds: (Art. 45) alcoholism, homosexuality or lesbianism, existing
1. Non-age (below 18) at the time of the marriage.
2. Unsoundness of mind
3. Fraud (Art. 46) Who may file an action for annulment of
4. Force, intimidation, or undue influence marriage?
5. Impotence 1. Non-age (below 18)
6. Sexually-transmitted disease (if incurable)  Parents - before the party turns 21
- must be serious  The party himself - after turning 21
a. AIDS  When? within 5 years after the party turns
b. Herpes 21.
c. Syphilis
d. Gonorrhea 2. Unsoundness of mind
e. Hepatitis  The spouse (who had no knowledge of the
f. etc. insanity.
 Relatives or guardians of the insane.
Triennial Cohabitation Doctrine - if the wife still  When? Before the death of either party.
remains a virgin after living together with her
husband for 3 years, presumption is that the 3. Fraud
husband is impotent, and he shall have to overcome  The injured party
this presumption. (Tompkins vs Tompkins)  When? Within 5 years after discovery of
fraud.
RATIFICATION OF VOIDABLE
MARRIAGES: 4. Force, intimidation or undue influence
 The injured party
 General: through free and voluntary  When? Within 5 years from the time such
cohabitation act(s) ceased.
- COHABITATION must be some more than
just living together in the same house; or 5. Impotence
occupying the same bed;  The injured party
- must be living together as husband and wife  When? Within 5 years after the celebration
- must have sexual relations of marriage.

ANNULMENT LEGAL 6. Sexually transmissible disease

SEPARATION  The injured party
Defect: at the very none at the beginning  When? Within 5 years after the celebration
beginning of marriage.
Cause: already arises after the
existing at the time marriage celebration Obligation to support
of the marriage  the obligation of mutual support between the
No. of grounds: 6 10 spouses ceases even after the annulment of
dissolves the the marriage remains. marriage.
marriage bond; the  obligation to support children continues.
parties are free to
marry again. When damages may be awarded upon the
Private grounds given are marriage’s judicial annulment:
International Law: those by the
grounds are NATIONAL LAW; for 1. Fraud, force or intimidation;
generally those given the very validity of 2. Impotence;
in the lex loci marriage itself is not 3. Insanity;
celebrationis questioned. 4. Concealment of the disqualified party of the
unauthorized solemnizer;
5. Concealment of a bigamous/polygamous
marriage;
6. Incestuous marriage whose status was only
known to one, and was concealed.

Responsibility of the court during the pendency

of the action and absent the agreement between
the spouses:

1. Provide for support of the spouses;

2. Provide for the custody and support of their
common children;
3. Give paramound consideration to the moral and
material welfare of the common children;
4. Provide for appropriate visitation rights of the
other parent.

(Art. 51) Partition of Presumptive Legitimes:

delivered in..
1. Cash;
2. Property; or
3. Sound securities

(Art. 54) - Status of Children

 those who are conceived or born before the

judgment of annulment or absolute nullity of
marriage has become final and executory shall
be considered, LEGITIMATE;
 those who are born of the subsequent marriage
shall also be LEGITIMATE.
 Children born within a valid mariage are
LEGITIMATE.

 Illegitimacy may be cure through marriage of

the parents.

Example:
C was conceived and born before the
marriage of his parents, A and B. C becomes a
legitimate child once B and C marry.

(If) A married D and they had a baby, F.

While B married E and they had a baby, G. C
remains to be an illegitimate child, even if he
was born first.

-end-