SECTION 18.

MEMORANDA

The Court may require the parties and the public

Prosecutor, in consultation with the Office of the Solicitor
General, to file their respective memoranda to support their
claims within 15 days from the date the trial is terminated.

-with leave of court

After the lapse of 15 days, the case will be considered

submitted for decision with or without memoranda
Memoranda Contents

- Names of the parties

- Factual background of the Case
- Legal Issues
- Discussion of claims and allegations
- Prayer
(for Petitioner prayer to grant the Petition;
For Respondent prayer to deny or dismiss the case)
SECTION 19. DECISION

(1) If the court grants the petition, it shall

declare that the decree of absolute nullity
or decree of annulment shall be issued by
the court only after compliance with
Article 50 and 51 of the Family Code. (Rule
on Liquidation, Partition and Distribution of
Properties)
However in the case of Alain Dio vs. Ma. Caridad Dio
GR No. 178044, January 19, 2011
The Supreme Court ruled that Sec 19 (1) of the Rule
applies only to marriages which are declared void ab initio
or annulled by final judgment under Article 40 (bigamous
marriage) and 45 (voidable marriage) of the Family Code.

Article 50 of the Family Code does not apply to marriages

which are declared void ab initio under Article 36 of the
Family Code which should be declared void without waiting
for the liquidation of the properties of the parties.
Section 19 (2)

The parties shall be served with copies of

the decision personally or by registered
mail. If the respondent summoned by
publication and failed to appear in the
action, the dispositive part of the decision
shall be published once in a newspaper of
general circulation.
Section 19 (3)

The decision becomes final upon the

expiration of fifteen (15) days from notice
to the parties. Entry of judgment shall be
made if no motion for reconsideration or
new trial, or appeal is filed by any of the
parties the public prosecutor, or the
Solicitor General.
Section 19 (4)

• Upon the finality of the decision, the court shall forthwith

issue the corresponding decree if the parties have no
properties. If the parties have properties, the court shall
observe the procedure prescribed in Section 21 of this
Rule.

Note: The entry of judgment shall be registered in the Civil

Registry where the marriage was recorded and in the Civil
Registry where the Family Court granting the petition is
located.
SECTION 20. APPEAL

Pre-condition. - No appeal from the

decision shall be allowed unless the
appellant has filed a motion for
reconsideration or new trial within fifteen
(15) days from notice of judgment.
Notice of appeal

An aggrieved party or the Solicitor General

may appeal from the decision by filing a
Notice of Appeal within fifteen (15) days
from notice of denial of the motion for
reconsideration or new trial.
Section 21. Liquidation, partition and distribution,
custody, support of common children and delivery of
their presumptive legitimes

Upon entry of the judgment granting the petition, or, in case

of appeal, upon receipt of the entry of judgment of the
appellate court granting the petition, the Family Court, on
motion of either party pursuant to Article 50 & 51 of the
Family Code, shall proceed with the liquidation, partition,
and distribution, custody, support of common children and
delivery of their presumptive legitimes.
Section 22. Issuance of Decree of Declaration of
Absolute Nullity or Annulment of Marriage.

The COURT SHALL ISSUE THE DECREE ONLY AFTER

1. Registration of the entry of judgment granting the petition

for declaration of nullity or annulment of marriage in the
Civil Registry where the marriage was celebrated and in the
Civil Registry of the place where the Family Court is located
2. Registration of the approved partition and distribution of
the properties of the spouses, in the proper Register of
Deeds where the real properties are located; and

3. The delivery of the children's presumptive legitimes in

cash, property, or sound securities.
(b) The court shall quote in the Decree the
dispositive portion of the judgment entered
and attach to the Decree the approved
deed of partition.
 NOTE: Except in the case of children
under Articles 36 and 53 of the Family
Code, the court shall order the Local Civil
Registrar to issue an amended birth
certificate indicating the new civil status of
the children affected.

Children shall be considered now as an illegitimate children.

Children may still use the surname of their father under
Revilla Law. (the mother may opt to adopt her children to
become legitimate child of her under Rule of Adoption)
Section 23. Registration and publication of the
decree; decree as best evidence.

• (a) The prevailing party shall cause the registration of the

Decree in the (i) Civil Registry where the marriage was
registered, the (ii) Civil Registry of the place where the
Family Court is situated, and (iii) in the National Census
and Statistics Office (now Philippine Statistics Authority).

• He shall report to the court compliance with this

requirement within thirty days from receipt of the copy of
the Decree.
PUBLICATION OF THE DECREE, WHEN NECESSARY

(b) In case service of summons was made by publication,

the parties shall cause the publication of the Decree once in
a newspaper of general circulation.
BEST EVIDENCE TO PROVE THE DECLARATION OF
ABSOLUTE NULLITY OR ANNULMENT OF MARRIAGE

The registered Decree shall be the best evidence to prove

the declaration of absolute nullity or annulment of marriage
and shall serve as notice to third persons concerning the
properties of petitioner and respondent as well as the
properties or presumptive legitimes delivered to their
common children.
Section 24. EFFECT OF DEATH OF A PARTY

(a) In case a party dies at any stage of the proceedings

before the entry of judgment, the court shall order the case
closed and terminated, without prejudice to the settlement
of the estate in proper proceedings in the regular courts.

(b) If the party dies after the entry of judgment of nullity

or annulment, the judgment shall be binding upon the
parties and their successors in interest in the settlement of
the estate in the regular courts.
Section 25. Effectlvity

This Rule shall take effect on March 15, 2003

The Supreme Court promulgated the Rules on Declaration

of Absolute Nullity of Void marriage and annulment of
voidable marriage on March 15, 2003 to govern the
petitions for nullity of void marriage and annulment of
voidable marriage under Family Code.
VOID AND VOIDABLE MARRIAGES
DISTINCTIONS OF VOID AND VOIDABLE
MARRIAGES

VOID VOIDABLE
• Can never be ratified • Can generally be ratified
• Always void by free cohabitation
• Can be attacked directly • Valid until annulled
or collaterally • Cannot be assailed
• There is no conjugal collaterally; there must be
partnership (only co- a direct proceeding
ownership) • There is a conjugal
partnership
Kinds of Impediments in Marriages

A. Diriment Impediments – they make the marriage VOID.

Examples:
1. Close Blood relationship
2. Prior Existing marriage
B. Prohibitive Impediments – do not affect the validity of
marriage, but criminal prosecution may follow
Other classification of Impediments

A. Absolute – the person cannot marry at all

Example: When one is below the required age (18).

B. Relative – the prohibition is ONLY with respect to certain

persons
Example: A brother cannot marry his sister.
Laws, Rules and Regulations Governing Void and
Voidable Marriages
• Family Code - Articles 35, 36, 37, 38, 39, 40 and 45
• A.M No. 02-11-10 SC – Proposed Rule on Declaration of
Absolute Nullity of Void Marriages and Annulment of
Voidable Marriages.
VOID MARRIAGES
Article 35 of Family Code
The following marriages shall be VOID from the beginning

1. Those contracted by any part below eighteen years of age even

with the consent of parents or guardians;
2. Those solemnized by any person not legally authorized to
perform marriages unless such marriages were contracted with
either or both parties believing in good faith that the solemnizing
officer had the legal authority to do so;
3. Those solemnized without a license, except those covered by the
preceding chapter;
VOID MARRIAGES
4. Those bigamous or polygamous marriages not falling under
Article 41;
5. Those contracted through mistake of one contracting party as to
the identity of the other; and
6. Those subsequent marriages that are void under Article 53.
PRIOR JUDGMENT OF NULLITY
• The prior declaration of nullity of marriage is required either as a
cause of action or defense.
• It is REQUIRED for purposes of second marriage (remarriage)
however, for other purposes such as action for liquidation,
partition, distribution and separation of property between erstwhile
spouses as well as for the custody and support of their common
child and the delivery of presumptive legitimes and the
determination of heirship, legitimacy, or illegitimacy of a child, or a
criminal case, the court may PASS upon the validity of marriage
even after the death of the parties, and even in a suit not directly
instituted to question the validity of the marriage, so long as it is
essential to the determination of the case.
NATURE OF ANNULMENT OF MARRIAGE
In Rayray vs. Chae Kyung Lee
This is an action in rem, for it concerns the status of the
parties herein, and status affects or binds the whole world…

… The marriage is one of the cases of double status, in that the

status therein involves and affects two persons. One is married,
never in abstract or a vacuum, but, always to somebody else.
Hence, a judicial decree on the marriage status of a person
necessarily reflects upon the status of another and relation between
them. The prevailing rule is accordingly, that a court has jurisdiction
over the res, in an action for annulment of marriage, provided, at
least, one of the parties is domiciled in, or a national of, the forum.
PROSECUTOR REQUIRED TO INTERVENE IN
PROCEEDINGS
Article 48 of the Family Code

“In all cases of annulment or declaration of absolute nullity of

marriage, the Court shall order the prosecuting attorney or fiscal
assigned to it to appear on behalf of the State to take steps to
prevent collusion between the parties and to take care that the
evidence is not fabricated or suppressed.”
PROSECUTOR REQUIRED TO INTERVENE IN
PROCEEDINGS
In Tuason vs. Court of Appeals

A grant of annulment of marriage or legal separation by

default is fraught with danger of collusion. Hence, all cases for
annulment, declaration of nullity of marriage and legal separation,
the prosecuting attorney or fiscal is ordered to appear on behalf of
the state for the purpose of preventing any collusion between the
parties and to take care that their evidence is not fabricated or
suppressed.
PROSECUTOR REQUIRED TO INTERVENE IN
PROCEEDINGS

The strict application of Article 48 and 60 of the Family Code

may be RELAXED, where it appears that the defendant has not
been declared in default, that he filed his answer and participated in
the proceedings at every stage of the proceedings, and the opposed
the petition for annulment of the marriage, which are circumstances
that negate the conclusion that collusion existed between the
parties. Therefore, non-intervention of the prosecuting attorney to
assure lack of collusion between the contending parties is NOT fatal
to the validity of the proceedings in the trial court.
PSYCHOLOGICAL INCAPACITY
• It is a ground for the declaration of nullity of marriage. (Article 36
of Family Code)
• In Santos vs. Court of Appeals
Psychological Incapacity – refer to no less than a mental
(not physical) incapacity that causes a party to be truly incognitive of
the basic marital covenants that concomitantly must be assumed
and discharged by the parties to the marriage which, as so
expressed by Article 68 o the Family Code, include their mutual
obligations to live together, observe love, respect and fidelity and
render help and support.
ARTICLE 36 OF FAMILY CODE
• In Hernandez vs. Court of Appeals
a. The burden of proof to show the nullity of the marriage belongs to
the plaintiff.
b. The root cause of the psychological incapacity must be:
1. medically or clinically identified
2. alleged in the complaint
3. sufficiently proven by experts
4. clearly explained in the decision
c. The incapacity must be proven to be existing the time of
celebration of the marriage.
ARTICLE 36 OF FAMILY CODE
4. Such incapacity must also be shown to be medically or clinically
permanent or incurable. Such incurability may be absolute or even
relative only in regard to the other spouse, not necessarily
absolutely against everyone of the same sex. Furthermore, such
incapacity must be relevant to the assumption of marriage
obligations, not necessarily to those not related to marriage, like the
exercise of a profession or employment in a job.
5. Such illness must be GRAVE enough to bring about the disability
of the party to assume the essential obligations of marriage. Thus,
mild characteriological peculiarities, mood changes, occasional
emotional outburst cannot be accepted as root causes.
ARTICLE 36 OF FAMILY CODE
6. The essential marital obligations must be those embraced by
Articles 68 to 71 of the family Code as regards the husband and
wife as well as Articles 220, 221 and 225 of the same Code in
regard to parents and their children.
7. Interpretations given by the National Appellate Matrimonial
Tribunal of the Catholic Church in the Philippines, while not
controlling or decisive, should be given great respect by our courts.
8. The Trial Court must order the prosecuting attorney or fiscal and
the Solicitor General to appear as counsel for the state.
Other relevant provisions of the Family Code

• Article 41, 42, 43, 44, 46, 47, 48, 49, 50, 51, 52, 53, 54
Russell Brand
and Katy Perry
Russell Brand and Katy Perry

• The actor who once admitted to "detesting" his life with

Perry as a "vapid, vacuous celebrity" before the couple
divorced after 14 months.
• While Brand has often mocked the marriage, Perry has
always been open about the heartbreak she suffered after
it.
Kim Kardashian
and Kris Humphries
Kim Kardashian and Kris Humphries

• Kim famously filed for divorce from Kris after just 72 days
of marriage in October 2011 - following their glamorous
wedding in August of that year after a whirlwind eight-
month romance.
• Speaking of the fleeting romance, Kim admitted to host
Andy Cohen that she had panicked after turning 30, when
she realised her friends were all getting and married and
having children.
• She explained: 'I just thought, 'Holy s**t, I'm 30 years old,
I better get this together, I better get married.
Britney Spears
and Jason
Alexander
 Britney Spears and Jason Alexander

• They were married for 55 hours. The annulment stated

that Spears "lacked understanding of her actions, to the
extent that she was incapable of agreeing to the
marriage."