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CONTINUATION TITLE I MARRIAGE Chapter 3: VOID AND VOIDABLE MARRIAGES I.

Psychological Incapacity ARTICLE 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.

obligations he was assuming or knowing them, could not have given valid assumption thereof. (3) incapacity must be proven to be existing at the time of the celebration of the marriage manifestation of the illness need not be perceivable at such time, but the illness itself must have attached at such moment. (4) Incapacity must be shown to be medically or clinically permanent or incurable incurability may be absolute or even relative only in regard to the other spouse, not against everyone of the same sex. *incapacity must be relevant to the assimption of marriage obligations and not necessarily to those not related to marriage. (5) Illness must be grave enough to bring about the disability of the party to assume the essential marital obligations of marriage. *mild characteriological peculiarities, mood changes, occasional emotional outbursts cannot be root causes *must be downright incapacity and not refusal, neglect or difficulty (6) Essential marital obligations must be those embraced by ARTICLE 68 to 71 of the Family code as regards to husband and wife and ARTICLE 220, 221 and 225 of the same code in regard to parents and children. (7) Interpretation of the NATIONAL APPELLATE MATRIMONIAL TRIBUNAL OF THE CATHOLIC CHURCH in the Philippines while not controlling or decisive, should be given great respect by the courts. harmonize civil laws with religious faith of the people (8) Trial court must order prosecuting attorney or fiscal and Sol Gen to appear as counsel for the state. II. DECLARATION OF ABSOLUTE NULLITY OF MARRIAGE [related to ART. 35, 37, 38 VOID AB INITIO] [ART. 41, 44] ARTICLE 39:
THE ABSOLUTE NULLITY OF A MARRIAGE SHALL NOT PRECRIBE.

SANTOS V. CA (1995) J. VITUG Psychological incapacity must be characterized by: a. Gravity grave or serious such that the party would be incapable of carrying out the ordinary duties required in marriage b. Juridical antecedence rooted in the history of the party antedating the marriage, although the overt manifestations may emerge only after the marriage c. Incurability or the cure would be beyond the means of the party involved *psychological incapacity comprehend all such possible cases of psychoses *psychological incapacity = no less than a mental (not physical) incapacity that cuases a party t be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage expressed in ARTICLE 68 *the intendment of the law confine the meaning to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning to the significance of marriage REPUBLIC V. CA & MOLINA (1997) J. PANGANIBAN Set additional guidelines for the interpretaiton of Art. 36 (1) Burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity (2) Root cause of psychological incapacity: a. Medically or clinically identified b. Alleged in the complaint c. Proven by experts d. Clearly explained in the decision *evidence must prove that one of the parties ws mentally or physically ill to such an extent that that the person could not have known the

No prescription for action or defense ARTICLE 40: THE ABSOLUTE NULLITY OF A PREVIOUS MARRIAGE MAY BE INVOKED FOR PURPOSES OF REMARRIAGE ON THE BASIS SOLELY OF A FINAL JUDGMENT DECLARING SUCH PREVIOUS MARRIAGE VOID. For purposes of remarriage: final judgment declaring previous marriage void is needed A. BIGAMOUS MARRIAGE ARTICLE 41:
A MARRIAGE CONTRACTED BY ANY PERSON DURING THE SUBSISTENCE OF A PREVIOUS MARRIAGE SHALL BE NULL AND VOID, UNLESS BEFORE THE CELEBRATION OF THE SUBSEQUENT MARRIAGE, THE PRIOR SPOUSE HAD BEEN ABSENT FOR FOUR CONSECUTIVE

YEARS AND THE SPOUSE PRESENT HAD A WELL-FOUNDED BELIEF THAT THE ABSENT SPOUSE WAS ALREADY DEAD. IN CASE OF DISAPPEARANCE WHERE THE DANGER OF DEATH UNDER THE CIRCUMSTANCES SET FORTH IN THE PROVISIONS OF ARTICLE 391 OF THE CIVIL CODE, AN ABSENCE OF ONLY TWO YEARS SHALL BE SUFFICIENT. FOR THE PURPOSE OF CONTRACTING THE SUBSEQUENT MARRIAGE UNDER THE PRECEDING PARAGRAPH, THE SPOUSE PRESENT MUST INSTITUTE A SUMMARY PROCEEDING AS PROVIDED IN THIS CODE FOR THE DECLARATION OF PRESUMTIVE DEATH OF THE ABSENTEE, WITHOUT PREJUDICE TO THE EFFECT OF REAPPEARANCE

General rule: Marriage contracted during the subsistence of a previous marriage shall be null and void ab initio o Absence as Exception: before the celebration of the subsequent marriage, the prior spouse had been absent for 4 consecutive years Addl condition: spouse present had a well-founded belief that absent spouse is already dead. In case of disappearance w/ danger of death [ARTICLE 391] absence of 2 years is sufficient What is needed? For the purpose of contracting a subsequent marriage --- spouse present must institute a summary proceeding for the declaration of presumptive death of the absentee, w/out prejudice to reappearance. ARTICLE 42:
THE SUBSEQUENT MARRIAGE REFERRED TO IN THE PRECEDING ARTICLE SHALL BE AUTOMATICALLY TERMINATED BY THE RECORDING OF THE AFFIDAVIT OF REAPPEARANCE OF THE ABSENT SPOUSE, UNLESS THERE IS A JUDGMENT ANNULLING THE PREVIOUS MARRIAGE OR DECLARED AB INITIO. A SWORN STATEMENT OF THE FACT AND CIRCUMSTANCES OF REAPPEARANCE SHALL BE RECORDED IN THE CIVIL REGISTRY OF THE RESIDENCE OF THE PARTIES TO THE SUBSEQUENT MARRIAGE AT THE INSTANCE OF ANY INTERESTED PERSON WITH DUE NOTICE TO THE SPOUSES OF THE SUBSEQUENT MARRIAGE AND WITHOUT PREJUDICE TO THE FACT OF REAPPEARANCE BEING JUDICIALLY DETERMINED IN THE CASE SUCH FACT IS DISPUTED.

(2) THE ABSOLUTE COMMUNITY OF THE PROPERTY OR THE CONJUGAL PARTNERSHIP, AS THE CASE MAY BE, SHALL BE DISSOLVED AND LIQUIDATED, BUT IF EITHER SPOUSE CONTRACTED SAID MARRIAGE IN BAD FAITH, HIS OR HER SHARE OF THE NET PROFITS OF THE COMMUNITY PORPOERTY OR CONJUGAL PARTNERSHIP PROPERTY SHALL BE FORFEITED IN FAVOR OF THE COMMON CHILDREN OF THE GUILTY SPOUSE BY A PREVIOUS MARRIAGE OR IN DEFAULT OF CHILDREN, THE INNOCENT SPOUSE; (3) DONATIONS BY REASON OF MARRIAGE SHALL REMAIN VALID, EXCEPT THAT IF THE DONEE CONTRACTED THE MARRIAGE IN BAD FAITH, SUCH DONATIONS MADE TO SAID DONEE ARE REVOKED BY OPEPRATION OF LAW; (4) THE INNOCENT SPOUSE MAY REVOKE THE DISGNATION OF THE OTHER SPOUSE WHO ACTED IN BAD FAITH AS BENEFICIARY IN ANY INSURANCE POLICY, EVEN IF SUCH DESIGNATION BE STIPULATED AS IRREVOCABLE; AND (5) THE SPOUSE WHO CONTRACTED THE SUBSEQUENT MARRIAGE IN BAD FAITH SHALL BE DISQUALIFIED TO INHERIT FROM THE INNOCENT SPOUSE BY TESTATE OR INTESTATE SUCCESSION.

When reappearance occurs: Subsequent marriage shall be automatically terminated o What is needed? Recording of the affidavit of reappearance of the absent spouse, Exception: Unless there is a judgment annuling the previous marriage or declared void ab initio. ARTICLE 43:
THE TERMINATION OF THE SUBSEQUENT MARRIAGE REFERRED TO IN THE PRECEDING ARTICLE SHALL PRODUCE THE FOLLOWING EFFECTS: (1) THE CHILDREN OF THE SUBSEQUENT MARRIAGE CONCEIVED PRIOR TO ITS DETERMINATION SHALL BE CONSIDERED LEGITIMATE, AND THEIR CUSTODY AND SUPPORT IN CASE OF DISPUTE SHALL BE DCIDED BY THE COURT IN A PROPER PROCEEDING;

Termination of a subsequent marriage upon reappearance of absentee spouse. o Effects: (1) CHILDREN: Conceived prior to termination legitimate Custody & support shall be decided by court PROPERTY: (2) ACP/CPG dissolved and liquidated o Forfeiture rule: if either of the spouse contracted the marriage in bad faith share of the net profits is forfeited in favor of common children children of guilty spouse innocent spouse (3) DONATIONS by reason of marriage remains valid o A party contracts marriage in bad faith donations made to this donee is revoked by operation of law. (4) INSURANCE POLICY innocent spouse may revoke the benefits of the other spouse who acted in bad faith, even if irrevocable. (5) TESTATE OR INTESTATE SUCCESSION spouse who contracted marriage in bad faith is disqualified to inherit.

ARTICLE 44: IF BOTH SPOUSES OF THE SUBSEQUENT MARRIAGE ACTED IN BAD FAITH, SAID MARRIAGE SHALL BE VOID AB INITIO AND ALL DONATIONS BY REASON OF MARRIAGE AND TESTAMENTARY DISPOSITIONS MADE BY ONE IN FAVOR OF THE OTHER ARE REVOKED BY OPERATION OF LAW. Also void ab initio: If both spouses of the subsequent marriage acted in bad faith. o DONATION, TESTAMENTARY DISPOSITION: made in favor of the

other are revoked by operation of law. III. ANNULMENT ARTICLE 45: A MARRIAGE MAY BE ANNULLED FOR ANY OF THE FOLLOWING CAUSES, EXISTING AT THE TIME OF THE MARRIAGE: XXX A. Causes/basis for annulment: (1) Party was 18 years or over but below 21, marriage was solemnized without the consent of: Parents, guardian, person having substitute parental authority Unless: parties freely cohabited and lived together as husband and wife after attaining age 21 (2) Either party was of unsound mind Unless: after coming to reason, freely cohabited with each other as husband and wife (3) Consent of either party was obtained by fraud Unless: after having full knowledge of the facts constituting the fraud, freely cohabited with each other has husband and wife ARTICLE 46: ANY OF THE FOLLOWING CIRCUMSTANCES SHALL CONSTITUTE FRAUD REFERRED TO IN NUMBER 3. XXX (1) Non-disclosure of previous conviction by final judgment; crime involving moral turpitude (2) Pregnancy at the time of the marriage by a man other than the husband (3) Concealment of a STD, regardless of its nature, existing at the time of the marriage (4) Concealment of drug addiction, habitual alcoholism, homoxexuality, lesbianism, exisiting at time of the marriage *no misrepresentation/deceit on: character, health, rank, fortune, chastity. (4) Consent was obtained by force, intimidation or undue influence Unless: having disappeared or ceased, such party freely cohabited with each other as husband and wife. (5) Physically incapable of consummating the marriage & such incapacity continues and incurable. (6) Afflicted with STD; found serious and incurable. B. WHO may file and WHEN? ARTICLE 47: THE ACTION FOR ANNULMENT OF MARRIAGE MUST BE FILED BY THE FOLLOWING PERSONS AND WITHIN THE PERIODS INDICATED THEREIN: XXX For #1: Party whose parent or guardian did not give consent within 5 years after attaining the age of 21 Parent, guardian or person having legal charge of the minor anytime before the party reached age 21 For #2: By the sane spouse who had no knowledge of the others insanity By any relative guardian or person having legal charge of the insane at any time before the death of either party By the isane spouse lucid interval or after regaining sanity For #3: by the injured party within 5 years after the discovery of the fraud For #4: by the injured party within 5 years from the time the force, intimidation or undue influence ceased. For #5 & 6: by the injured party wihthin 5 years after the marriage C. PROCEEDINGS [annulment; declaration of nullity] ARTICLE 48: (1) Court orders the prosecuting attorney or fiscal to appear on behalf of the State to prevent collusionbetween the parties, to take care that evidence is not fabricated. (2) No judgment based on stipulation of facts or confession of judgment. ARTICLE 49: (3) Pendency of the action: a. Court provides for support of spouses b. Custody and support of common children. c. Appropriate visitation rights d. Gives consideration to: i. Moral welfare of children ii. Choice of parent

D. EFFECTS OF ANNULMENT ARTICLE 50: Effects in ARTICLE 43: 2) ACP/CPG dissolved and liquidated WILL APPLY TO:

Forfeiture rule: if either of the spouse contracted the marriage in bad faith share of the net profits is forfeited in favor of common children children of guilty spouse innocent spouse 3) DONATIONS by reason of marriage remains valid A party contracts marriage in bad faith donations made to this donee is revoked by operation of law. (4) INSURANCE POLICY innocent spouse may revoke the benefits of the other spouse who acted in bad faith, even if irrevocable (5) TESTATE OR INTESTATE SUCCESSION spouse who contracted marriage in bad faith is disqualified to inherit. Effects of ARTICLE 44 Also void ab initio: If both spouses of the subsequent marriage acted in bad faith. DONATION, TESTAMENTARY DISPOSITION: made in favor of the other are revoked by operation of law.

Marriages declared void ab initio Annulled by final judgment under: ARTICLE 40 (declaration of nullity) ARTICLE 45 (causes of annulment) FINAL JUDGMENT shall provide: 1. liquidation, partition and distribution of the properties of the spouses. 2. custody and support of common children and delivery of presumptive legitimes Unless: such matters had been adjudicated in previous proceedings (par.3) Creditors of spouses, ACP or CPG shall be notified of the liquidation (par. 4) Conjugal dwelling and lot adjudicated in accordance to ARTICLE 102 & 129

Trustee of their property No prejudice to the ultimate SUCCESSIONAL RIGHTS of the children accruing upon the death of either or both parents BUT value of properties already received under the decree of annulment or AN shall be considered advances on their legitime E. RECORDING OF THE EFFECTS (1) What is recorded? ARTICLE 52 judgment of annulment judgment of absolute nullity of marriage partition and distribution of properties delivery of childrens legitimes (2) Where? Civil registry and registries of property, otherwise not binding on third persons ARTICLE 53 Effects of non-registration: a. Either spouses may marry again after complying with the requirements BUT Non-compliance = subsequent marriage shall be null and void F. LEGITIMACY OF CHILDREN ARTICLE 54: CHILDREN are LEGITIMATE when conceived or born before the judgment of annulment has become final conceived or born before the judgment of absolute nullity of marriage under ARTICLE 36 has become final and executory conceived or born of the subsequent marriage under ARTICLE 53

ARTICLE 51: Value of presumptive legitimes of all common children: computed as of the date of final judgment of the trial court delivered in cash, property or sound securities Unless: by mutual agreement judicially approved, provided for such matters. Enforcement of judgment may be asked by: Children Their guardian

TITLE II LEGAL SEPARATION A. GROUNDS FOR LEGAL SEPARATION ARTICLE 55: (1) Repeated physical violence or grossly abusive conduct against petitioner, common child or child of the petitioner. (2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation (3) Attempt of respondent to corrupt or induce the petitioner, common child or child of the petitioner to engage in prostitution, or connivance in such corruption or inducement. (4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned (5) Drug addiction or habitual alcoholism of respondent (6) Lesbianism or homosexuality of the respondent (7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad (8) Sexual infidelity or perversion (9) Attempt by the respondent against the life of petitioner (10) Abandonment of petitioner by respondent without justifiable cause for more than one year B. GROUNDS FOR DENIAL OF PETITION ARTICLE 56: (1) Aggrieved party has condoned the offense or act complained of (2) Aggrieved party has consented to the commission of the offense or act (3) There is connivance between the parties in the commission of the offense or act constituting the ground for legal separationg (4) Where both parties have given ground for legal separation (5) Where there is collution between the parties to obtain the decree of legal separation (6) Where the action is barred by prescription ARTICLE 57 Prescription: filed within five years from the time of the occurrence of the cause C. LEGAL SEPARATION PROCEEDINGS 6 months requirement ARTICLE 58 Action for legal separation will not be tried before six months having elapsed from filing Steps toward reconciliation

ARTICLE 59 No legal separation decreed unless the Court has taken steps toward reconciliation of the spouses, and despite such efforts, reconciliation is highly improbable Basis of the decree ARTICLE 60: No decree shall be based on: a. stipulation of facts b. confession of judgment Court orders prosecuting atty or fiscal to take steps to prevent collusion and take care that evidence is not fabricated.

D. EFFECT OF FILING OF THE PETITION ARTICLE 61: Spouses are entitled to live separately from each other In absence of a written agreement, court to designate either of the spouses or third person to administer ACP or CPG o Administrator: same powers and duties as guardian ARTICLE 62: During pendency of the action: apply ARTICLE 49 E. EFFECTS OF A DECREE OF LEGAL SEPARATION ARTICLE 63: 1. 2. 3. 4. Spouses entitled to live separately but marriage bonds not severed. Property regime: DISSOLVED and LIQUIDATED Offending spouse: have no right to any share in the NET PROFITS earned by the AC or CP. Forfeiture rule in ARTICLE 43 (2) Custody: awarded to the innocent spouse (subject to ARTICLE 213) Inheritance: offending spouse disqualified from inheriting from innocent spouse by intestate succession. Provisions in the will of the innocent spouse revoked by operation of law

ARTICLE 64 After the FINALITY OF THE DECREE: 1.Innocent spouse may revoke - Donations made in favor the offending spouse Prescription: 5 years form the time that decree becomes final - Designation as a beneficiary in any insurance policy even if irrevocable Revocation for change, takes effect upon written notification II. Recording in the registries of property where property is located.

III. Alienations, liens and encumbrances registered in good faith before the complaint for revocation shall be respected. F. RECONCILIATION Requirement ARTICLE 65: Joint manifestation under oath duly signed by the spouses, filed with the court in the same proceeding CONSEQUENCES OF RECONCILIATION ARTICLE 66: (1) Proceedings terminated whatever the stage (2) Final decree set aside But: separation of property and forfeiture rule shall subsist Unless: spouses agree to revive former property regime [shall be recorded in civil registries] Reviving the property regime ARTICLE 67: - executed under oath - specify: 1. properties to be contributed anew to restored regime 2. those retained as separated 3. names of all creditors, addresses, amounts - filed in the same proceeding - after hearing, court takes measures to protect the interest of creditors - recorded to proper registries no prejudice to creditor not listed or notified

TITLE III RIGHTS AND OBLIGATIONS OF HUSBAND AND WIFE A. GENERAL RULE ARTICLE 68: THE HUSBAND AND WIFE ARE OBLIGED TO LIVE TOGETHER, OBSERVE MUTUAL LOVE, RESPECT AND FIDELITY, AND RENDER MUTUAL HELP AND SUPPORT. B. DUTIES/OBLIGATIONS 1. Family domicile ARTICLE 69 fixed by husband and wife ; disagreement: court court may exempt one spouse from living with the other: (1) living abroad (2) other compelling reasons. o Not applied if not compatible with solidarity with the family 2. Support for the family ARTICLE 70 spouses jointly responsible for support EXPENSES for support & conjugal obligations o Paid from community property income or fruits of separate property [insufficient or absent] separate properties 3. Management of the household ARTICLE 71 right and duty of BOTH spouses expenses [ apply ARTICLE 70] C. RIGHTS 1. Application to the court for relief ARTICLE 72 When to apply: (1) one spouse neglects duties to the conjugal union (2) commits acts which tend to bring danger, dishonor, injury to the family 2. Exercise of legitimate profession ARTICLE 73 either spouse may exercise any legitimate profession, occupation, business or activity without the others consent Objection: only on valid, serious and moral grounds Disagreement: court shall decide WON: o Objection is proper o Benefit has accrued to the family prior to objection of thereafter. If benefit accrued prior to objection, the RESULTING OBLIGATION shall be enforced against the separate property of the spouse who has not obtained consent.

*no prejudice to rights of creditors who acted in good faith

TITLE 1V PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE CHAPTER 1: GENERAL PROVISIONS 1. GENERAL RULES A. What rules to apply? ARTICLE 74 Property relations governed in the ffg order: (1) Marriage settlements executed before the marriage (2) Provisions of the Family Code (3) Local customs B. What regimes? ARTICLE 75 In the marriage settlements, agree upon: regime of absolute community conjugal partnership of gains complete separation of property any other regime In absence of marriage settlement OR when regime agreed upon is void, SYSTEM OF ABSOLUTE COMMUNITY OF PROPERTY SHALL GOVERN. C. Modifications and execution ARTICLE 76 Any modification in the marriage settlement = made before the celebration of the marriage [ARTICLE 66, 67, 128, 135 136] ARTICLE 77 Marriage settlements & modifications: shall be in writing signed by parties before the celebration of the marriage shall not prejudice 3rd persons unless they are registered in the local civil registry where marriage contract is recorded proper registries of property ARTICLE 78 Marriage settlements executed by person with civil interdiction, any other disability = appointed guardian made a party thereto. D. Who is governed? ARTICLE 79 Absence of contrary stipulation governed by PHILIPPINE LAWS regardless of (a) place of celebration (b) residence

Rule is NOT APPLIED: (1) both spouses are aliens (2) Extrinsic validity of contracts entered into in the Phils but affecting property not in the Phils and executed in the country where property is located (3) Extrinsic validity of contracts entered in the Phils but affecting property abroad, whose laws require different formalities ARTICLE 81 Everything in the settlement or contracts in consideration of a future marriage Donations between prospective spouses VOID if the marriage does not take place HOWEVER Stipulations not depending on the celebration of marriage is VALID CHAPTER 2: DONATIONS BY REASON OF MARRIAGE A. DEFINITION ARTICLE 82: those which are made before its celebration, in consideration of the same in favor of one or both of the future spouses. ARTICLE 83: Governed by rules on ordinary donations = Title III, Book III of Civil Code Restriction: ARTICLE 84: If ACP, cannot donate to each other in marriage settlements more than one-fifth of their present property. Excess = VOID Donations of future property provisions on testamentary succession and formalities of wills ARTICLE 87: Donation or grant of gratuitous advantage (Direct or indirect) between the spouses during the marriage shall be VOID. Except moderate gifts which the spouses may give each other on occasion of any family rejoicing Also applies to persons living together as husband and wife without valid marriage ARTICLE 85: DONATIONS BY REASON OF MARRIAGE OF PROPERTY SUBJECT TO ENCUMBRANCES SHALL BE VALID. IN CASE OF FORECLOSURE OF THE ENCUMBRANCE AND THE PROPERTY IS SOLD FOR LESS THAN THE TOTAL AMOUNT OF THE OBLIGATION SECURED, THE DONEE SHALL NOT BE LIABLE FOR THE DEFICIENCY. IF THE PROPERTY IS SOLD FOR MORE THAN THE ACTUAL AMOUNT OF SAID OBLIGATION, THE DONEE SHALL BE ENTITLED TO THE EXCESS.

ARTICLE 86: DONATION BY REASON OF MARRIAGE MAY BE REVOKED: (1) If the marriage is not celebrated or judicially declared void ab inito, except donations made in the marriage settlements, governed by ARTICLE 81 (2) When marriage takes place without the consent of the parents or guardian, as required by law (3) Marriage is annulled and the donee acted in bad faith (4) Legal separation, donee being the guilty spouse (5) If it is with resolutory condition and the condition is complied with (6) When the donee has committed an act of ingratitude as specified in the provisions of the Civil Code on donations