VOID VOIDABLE
Marriage bonds still subsist; Separation
Nature No legal effect
Means of
Declaration of nullity
Impugning/Attack
Manner/Kind of
Direct or collateral
Attack
Who may file and
By any interested party
when to file action
Art 39 Action or defense is
imprescriptible, maybe raised anytime
Prescription even after death of the parties if
necessary to determine rights
Property Regime Art 147 co-ownership
Art 50 (exclusion of effect number 1) and
Children Art 54 illegitimate, except for those
under Art. 36 and Art. 53
Mother unless found to be unfit (Tender
Years Presumption)
Child Custody TYP according to Art 213, FC: “No child
under seven shall be separated from the
mother unless the court finds compelling
reasons to order otherwise.”
I. Art 4 (absence of formal or essential
requisites of marriage)
ESSENTIAL (Art 2)
1) legal capacity, must be man and
woman (age and no impediments: family
Grounds for Action relations and previous marriage)
2) consent freely given in the presence of
solemnizing officer
FORMAL (Art 3)
1) Authorized solemnizing officer (Art 7)
Karichi E. Santos | UP Law B2012
PFR0809 - Prof. E. A. Pangalangan
LEGAL SEPARATION DE FACTO SEPARATION
Valid until annulled
by a mensa et thoro (bed and board)
No legal recognition
Petition for annulment Petition for legal separation --
Direct Direct --
According to Art 47:
1. party below 18 within 5 years after
reaching 21 years old
2. guardian/parent not giving consent
before party turns 21 years old
3. unsound mind after coming to
reason/lucid interval --
4. sane party if unaware of other’s
Only the spouses --
insanity
5. guardian of insane
6. party subjected to fraud, within 5
years after discovery of fraud
7. party subjected to force, within 5
years after cessation of force
8. physical incapacity and STD, within
5 years from marriage
5 yrs after discovery of fraud/removal of
force/from marriage (refer to the table
above for more details) Art 57 5 years from the date occurrence
of cause/ground for LS
--
Art 45(2) unsound mind: anytime during
lifetime because insanity may recur
ACP or CPG ACP or CPG ACP or CPG
Art 54: Conceived/born
BEFORE decree of annulment: legitimate Legitimate (Art 50) Legitimate
AFTER decree of annulment: illegitimate
DURING PENDENCY:
Art 49 Court decides the custody in
Art 62 provides the application of Art 49
absence of written agreement between
the spouses
AFTER FINAL DECREE:
Below 7 years old: mother, unless unfit
(Tender Years Presumption)
Art 63 (4) custody awarded to the --
innocent spouse subject to Art 213, FC
Above 7 years old: children’s choice

decided by the Court taking into
taken into consideration, unless choice is
account all relevant info and child’s
unfit for sole parental authority
choice, unless chosen parent is unfit
Art 45 Art 55
1. one of the parties is 18-25 and no 1. repeated physical abuse of
parent consent petitioner, common child and
2. unsound mind petitioner’s child
3. consent obtained by fraud, as defined 2. moral or physical pressure to
by Art 46 is concealment of: change political or religious beliefs
--
a) conviction by final judgment of moral 3. attempt to corrupt or induce
turpitude petitioner, child of petitioner or
b) pregnancy by man other than hubby common child to prostitution or
c) habitual alcoholism, drug addiction, connivance in such act
MARRIAGE
Page 1 of 6
 a. incumbent judiciary member
b. priest, rabbi, imam or minister of any
religious sect, duly authorized and
registered with the civil registrar general
c. ship captain and airplane chief only in
Art 31 (articulo mortis)
d. military commander of a unit to which
a chaplain is assigned, Art 32 (articulo
mortis)
e. consul, vice consul and consul general
for Filipinos abroad

mayors also authorized by LGC
lesbianism or homosexuality
d) STD (regardless of severity)
4. consent obtained by force, intimidation
or undue influence
5. incurable physical incapability to
consummate marriage
6. incurable and serious STD
Art 42 Subsequent marriages after
reappearance of spouse absent are
automatically terminated by filing of
affidavit of reappearance
4. final judgment sentencing
respondent more than six years in
prison even if pardoned
5. drug addiction or habitual
alcoholism
6. lesbianism or homosexuality
7. respondent’s bigamous marriage
here or abroad
8. sexual infidelity or perversion
9. attempt at the life of petitioner
10. abandonment without justifiable
cause for more than one year

2) Valid marriage license except for ABSENCE Art 97, CC

Grounds for Action
marriages of exceptional character
- Art 9 ML shall be issued by local civil of
habitual residence of either party
- Art 10 for Filipinos abroad, the consular
office will take the role of local civreg
- Art 11 two application for one ML
- Art 12 Proofs of age
A original or certified copies of birth cert
B original or certified copies of baptismal
C residence certificate witness by 2
witness, preferably nearest kin
Proof of age dispensed with if:
A parents appear personally
B local civil registrar convinced
C previously married
- Art 13 If previously married:
A death cert, if unavailable, affidavit
about circumstance of death & civstat
B judicial decree of absolute divorce/
annulment/declaration of nullity
C declaration of presumptive death
- Art 14 parents’ consent for 18-21
- Art 15 parents’ advice for 21-25
- Art 16 marriage counseling for both
even if only 1 is required. Failure to do so
suspends issuance of ML for 90 days
- Art 17 posted for 10 consecutive days
- Art 18 impediment written in
application for ML, will issue unless: a)
stopped by court b) interested party
- Art 19 fees for issuance of ML
- Art 20 valid in the Phil for 120 days
- Art 21 for foreigners and citizens of
their country, certificate of legal capacity
to marry should be obtained in their
consular offices; for stateless persons,
affidavit to local civil registrar
- Art 22 contents of marriage certificate
- Art 23 Duty of solemnizing officer
A Furnish couple with original marcertif
Art 41 Declaration of presumptive death 1. adultery of wife or concubinage of
- absent for 4 consecutive years with husband
well-founded belief that he is dead 2. attempt at the life of the other
- Art 391 (danger of death): 2 years,
tho only for purposes of remarriage

shortened Civil Code time because of
latest advances in technology which
facilitates more efficient communication

as Mam Beth would always say “he
better be dead!”
Art 391, CC
1) on board a vessel lost during sea
voyage, airplane missing
2) in the armed forces, taken part in war
3) danger of death under other
circumstances
Art 43 Effects of termination of
subsequent marriage due to
reappearance of spouse absent
1. children conceived prior to
termination shall be considered
legitimate, custody and support
decided by the Court
2. ACP/CPG dissolved and liquidated, if
either spouse contracted marriage in
bad faith, his/her share of net profits
of ACP/CPG forfeited in favor of
- common children
- guilty spouse’s children
- innocent spouse
3. donations (donation propter nuptias)
shall remain valid except if the
donee contracted marriage in bad
faith
4. innocent may revoke designation of
other spouse as beneficiary in
insurance policy even if latter is
irrevocable

Karichi E. Santos | UP Law B2012 MARRIAGE

PFR0809 - Prof. E. A. Pangalangan Page 2 of 6
 B Send duplicate and triplicate of
marriage certificate to local civil registrar
within 15d
C Keep quadruplicate of marriage
certificate, original ML and affidavit of
wedding elsewhere (Art 8)
5. spouse who contracted subsequent
marriage in bad faith disqualified to
inherit from intestate and testate
succession

3) Ceremony wherein both parties

Grounds for Action
appear before a solemnizing officer and
make personal declarations that they
take each other as husband and wife,
with at least two witness of legal age
- Art 6 does not prescribe any form of
ceremony as long as
1 personal appeared
2 declaration of taking each other as
husband and wife in the presence of
solemnizing officer
3 signing of marriage certificate
4 at least two witnesses of legal age
- Art 8 places of solemnizing marriage
1 chambers of judge, open court, church,
chapel, temple
2 office of consul-general, consul, vice-
consul
3 EXCEPT when
a) articulo mortis (Art 29)
b) remote place (Art 29)
c) both parties request in writing, sworn
statement to solemnize somewhere else

II. Art. 35
1. below 18 years old
2. solemnized by a person not legally
authorized to perform marriage except in
cases where either or both of the parties
believe his authority in good faith
3. solemnized without valid marriage
license unless marriage of exceptional
character
- Art 27 (articulo mortis: airplane chief,
ship captain, A31 or military comm A32)
- Art 28 (residence is isolated location)
- Art 33 (Muslim or ethnic group)
- Art 34 (cohabit for 5 years)
4. bigamous or polygamous except for
Article 41 (absence)
5. contracted by mistake of identity
6. subsequent marriages that are void
under Art 53 (noncompliance of filing the
requirements for judgment of annulment
or absolute nullity in Art 52)

III. Art 36 (psychological incapacity)

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PFR0809 - Prof. E. A. Pangalangan Page 3 of 6
 Guidelines laid down in (Molina v CA)
1 burden of proof in the plaintiff
2 root cause must be medically/clinically
identified and alleged in the complaint
3 exists at the time of the marriage
4 incurable
5 grave enough to bring about disability
to perform marital obligations
6 marital obligation in Art 68-71, 220-221
& 225 of Family Code
7 decision of National Appellate
Matrimonial Tribunal of Catholic Church
8 participation of prosecuting attorney to
protect state interest in sanctity of family

IV. Art 37 (incestuous marriages)

1. between ascendants and descendants
2. between brothers and sisters; half-
blood or full-blood

V. Art 38 (violation of public policy)

1. collateral blood relatives, illegitimate
or legitimate, up to 4th degree
2. step-parents and step-children
3. parents-in-law and children-in-law
4. adopted parent and adopted child
5. surviving spouse of adopter and
adopted child
6. surviving spouse of adopted child and
adoptive parent
7. adopted children and legit children
8. adopted children of the same adopter
9. killed spouse (own or other) with the
to intention to marry

VI. Art 44 (subsequent marriage in the

absence of spouse contracted in bad
faith)
Art 45
1. party without parental consent, by
cohabiting freely after attaining 21
2. only by insane spouse (sane cannot
ratify because the defect in consent is
with the insane)
3. victim of fraud, if freely cohabited
Defenses/ after discovery of fraud
Cannot be ratified
Ratification 4. victim of force, if freely cohabited after
cessation of force or undue influence
STD and physical incapability not subject
to ratification because incurable
Art56
1. condonation (forgiveness)
2. consent (permission)
3. connivance (3rd party and active
participation)
4. recrimination (clean hands)
5. collusion (agreement bet spouses)
6. prescription (Art 57)
--
REQUISITES OF LEGAL SEPARATION
Art 58 6 months cooling off period
Art 59 steps to reconciliation
Art 60 no stipulation of facts or
confession of judgment accepted;
participation of state in form of
prosecuting attorney

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PFR0809 - Prof. E. A. Pangalangan Page 4 of 6

Pendency of Decree No law for pendency
Art 50 Art 43 par 2, 3, 4, 5 (termination
of subsequent marriage when spouse
absent reappears)
2) ACP/CPG liquidated, partitioned and
distributed; if bad faith, forfeit share of
net profit in favor of: common children,
guilty party’s children and in default of
children, innocent spouse
3) donation propter nuptias are valid,
except for bad faith
4) revoke the designation of other
spouse as beneficiary in insurance even if
irrevocable (specific prevails over gen)
5) bad faith disqualified from inheriting
from innocent spouse by testate and
intestate succession
Art 44 marriage contracted by both in
Effects of Action bad faith
donations by reason of
marriage revoked by law
Art 371, CC In annulment
- If wife is guilty, she resumes
maiden name
- If wife is innocent, she has the
option to go back or retain UNLESS
a) Court says otherwise
b) husband remarries
Convalidation/
--
Reconciliation
Karichi E. Santos | UP Law B2012
PFR0809 - Prof. E. A. Pangalangan
Art 49 In the absence of written
agreement bet spouses Court shall
provide for the ff:
1. support of the spouses
2. custody and support of common
children as well as visitation rights
of other parent
Art 50 Art 43 par (2, 3, 4, 5)
1. liquidation, partition and distribution
of properties
2. custody and support of common
children
3. delivery of their presumptive
legitimes
4. creditors notified
5. conjugal dwelling and lot goes to
parent having choice custody of
majority of common children, below
seven chose mother (Art 102 & 129)

unless adjudicated in previous judicial
proceedings
Art 51 Presumptive legitimes of children
- computed from time of judgment
- delivered in cash, property or sound
securities
- child or guardian may ask for
enforcement of judgment
- shall not prejudice the ultimate
successional rights of children
Art 52 Recorded in the civil registry and
registries of properties:
- Judgment of annulment or of
absolute nullity
- Partition, distribution of properties
- Delivery of children’s presumptive
legitimes

or else not affect third persons
Art 53 either of the former spouse may
remarry but failure to comply with Art 52
renders subsequent marriage null & void
Art 45 Except for physical incapacity to
consummate marriage and STD, grounds
are convalidated by free cohabitation
Art 61 Effects of Filing of Petition:
1. entitled to live separately
2. designate third party for
administration of ACP/CPG
Art 62 Art 49 applies
- moral and material well being of
children taken into consideration
- children’s choice of parent
Art 63
1. live separately but marriage bonds
not severed
2. ACP/CPG dissolved and liquidated
but offender has no right to net
profits, forfeited in favor of A43(2)
3. custody of minor children awarded
to innocent spouse, subject to Art
213 (parental authority designated
by court, take consideration all
relevant info and choice of child
unless unfit)
4. offender disqualified from inheriting
by both intestate and testate
Art 64
- innocent may revoke all donation
from offender, like insurance policy
- registered lien or alienation must be
respected
- action to revoke donation brought
within 5 years
Art 372, CC Wife’s mandatory retention
of name prior to legal separation because
affected no change to her marital status
Art 65 Joint manifestation under oath
filed in the same court of legal separation
Art 66 Reconciliation shall have the
following effects:
1. if legal separation still pending, shall
be terminated at whatever stage
2. if final decree, shall be set aside but
separation of property and
forfeiture of guilty spouse’s share
--
Art 100/Art 127 De facto separation shall
not affect ACP/CPG except that
1. spouse who leaves conjugal home
or refuses to live there shall not
have right to be supported
2. consent of one spouse to
transaction of the other, judicial
authorization may be obtained in
summary proceeding (Art 239)
3. absence of sufficient CPG, separate
property of both spouses shall be
solidarily liable for the support of
the family. Spouse present shall be
given judicial authority to administer
or encumber specific separate
property
Art 239 petition for judicial authorization
when consent of spouse is withheld or
cannot be obtained
Art 242 spouse shall be notified by the
petition, ordering to show cause why it
should not be granted. To be served at
the last known address of spouse
Art 213 (parental authority designated by
court, take consideration all relevant info
and choice of child unless unfit)
--
MARRIAGE
Page 5 of 6
 subsist unless spouses agree to
revive former regime

Art 67 Former property relations may be

revived, but requires a statement
accomplished under oath and filed in the
same court as the proceedings for
separation shall specify the ff:
1. Properties contributed anew
2. Properties to remain separate
3. Names of all known creditors and
amounts owed

VOIDABLE MARRIAGES
GROUNDS WHO CAN FILE? WHEN TO FILE? WHO CAN RATIFY? HOW TO RATIFY?
Parent who didn’t give Before the party
18-21 BUT NO PARENT consent reaches 21 Party without parent Free cohabitation after
CONSENT Party without parent’s Within 5 years after consent attaining age 21
consent turning 21
Sane and unknowing
spouse Anytime before death
of either party Insane spouse only
Free cohabitation after
UNSOUND MIND Legal guardian of insane (because the defect of
regaining sanity
consent is with him)
During lucid interval or
Insane spouse
after regaining sanity

CONSENT OBTAINED BY Within 5 yrs after

FRAUD discovery of fraud
Injured party Free cohabitation
CONSENT OBTAINED BY
FORCE, UNDUE Within 5 yrs after
INFLUENCE AND cessation of force, etc
INTIMIDATION
Injured party
INCURABLE PHYSICAL
INCAPACITY
Within 5 yrs after Cannot be ratified because ratification only cures
marriage defect in CONSENT and not PHYSICAL
INCURABLE AND
SERIOUS SEXUALLY
TRANSMITTED DISEASE

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