COMPARISON AMONG VOID, VOIDABLE, LEGAL SEPARATION, DE FACTO SEPARATION
DETAILS VOID
Nature No legal effect
Means of Impugning Declaration of nullity
Manner/Kind of attack Direct or Collateral
Who may file action Anyone
Prescription Article 39 Action or defense
is imprescribtible
Property Regime Co-ownership
Children Illegitimate except those
Conceived per Article 36
(Psychological incapacity)
And Article 53 (Allowed
Subsequent marriage)
Grounds/action A. Article 35
1. Those married below 18
Even if with parental consent
2. If solemnizing officer did not
Except marriage which are entered
By one or either spouse where they
That solemnizing officer had authority
VOIDABLE LEGAL SEPARATION DEFACTO SEPARATION
Valid until annulled Marriage bonds subsist; separation by a mensa No legal recognition
et thoro (bed and board)
Petition for annulment Petition for legal separation None
Direct Direct None
Only Spouses Only Spouses None
Article 47
1. The parents, guardian, person
having legal charge of party who
contracted marriage without parental
consent before party reaches 21. The
party within 5 years after reaching 21
years old
2. The guardian or person with legal
charge of the insane party; the sane
party, if insanity was not known; the
insane upon regaining sanity or in a
lucid Interval
3. Person subjected to fraud within
5 years from discovery of fraud
4. Person subjected to force within
5 years from cessation of the said force
5. For physical incapacity to
consummate and sexuality
transmissible disease, five years from
marriage
Normally five years(refer to Article 47) Article 57 None
Five years from the date of occurrence
of cause
ACP or CPG ACP or CPG ACP or CPG
Article 54 Legitimate Legitimate
Legitimate
Article 45 Article 55
1. Marriages of those 18 but 1. Repeated physical violence or grossly
without parental consent abuse conduct against petitioner, common
2. Unsound mind children, children of petitioner
3. Contracted through fraud 2. Physical violence or mental duress to
4. Contracted through force, petitioner, children or children of petitioner to
intimidation, duress change religious or political affiliation
 3. No valid marriage license except 5. Incapacity to consummate 3. Attempt to corrupt or induce petitioner,
as allowed by: 6. Transmittal Sexual Disease petitioners children, common children
a. Article 27 (in articulo that is serious and incurable to prostitution or
mortis), 4. Imprisonment by final judgment of more
b. Article 28 (residence is Article 46 - Fraud than six years, even if pardoned
such that there is no transportation 1. Non disclosure of conviction 5. Drug addiction or habitual drug use
to o to Civil Registrar), by final judgment of moral turpitude 6. Homosexuality or lesbianism
c. Article 34 (Muslim or 2. Concealment of pregnancy by man 7. Sexual infidelity or perversion
or other indigenous tribes where other than husband 8. Unjustified abandonment of one year
ceremony is held under their custom 3. Concealment of alcoholism or 9. Attempt to kill the petitioner
and tradition) drug addiction, homosexuality or 10. Contracting of another marriage, locally
4. Bigamous or polygamous lesbianism or abroad
Marriages 4. Concealment of sexually
5. Marriage by mistake of identity transmissible disease
6. Void subsequent marriages under
Article 53
B. Article 36 (psychological incapacity)
C. Article 37 (Incestuous Marriages)
1. Between ascendants & descendants
2. Between brothers & sisters
D. Article 38 (Marriages void by public
Policy)
1. Between step parents and step
children
2. Between parents-in-law &
children-in-law
3. Between adopted children &
adopting parents
4. Between surviving spouse of
adopted child and adopting
parent
5. Between surviving adopting
parent and adopted child
6. Between adopted children &
legitimate children
7. Between adopted children of same
adopting parent
8. Among blood relatives up to 4th degree
9. Between parties where one, with the
the intention to marry the other
killed the others spouse or his or
her own spouse

DEFENSES/ NONE Article 45 (Exist at marriage) Article 56

RATIFICATON 1. No parental consent - cohabit
freely after attaining 21
2. Unsound mind party of
unsound mind after coming to
reason cohabit freely
3. Fraud or force freely cohabit
after knowledge of fraud or cessation
1. Condonation of acts by aggrieved party
2. Consent of acts of aggrieved party
3. Connivance
4. Mutual fault (clean hands)
5. Collusion to obtain legal separation
6. Barred by prescription
WHILE PENDING NONE
EFFECTS OF ACTION Article 43 (termination of
subsequent marriage)
1. Children conceived prior to
termination are legitimate and their
care and support, in case of dispute
shall be decided in proper proceedings in default, the innocent spouse
2. The ACP or CPG shall be
liquidated and distributed except
the spouse who contracted marriage
in bad faith shall forfeit his/her share operation of law.
to the common children or to guilty
spouses children, or in default to
the innocent wife
3. Donations propter nuptias are valid is irrevocable
except if donee is guilty then
donations are revoked by operation
of law.
4. The innocent spouse shall revoke
the designation of the guilty party as ACP or CPG, the care and support of registries of property in the place where the
insurance beneficiary
5. Guilty party is disqualified from
inheriting by testate or intestate
succession.
Article 44(Subsequent marriage)
If both are guilty of bad faith, then
donations to each other and
Article 49 Article 61
In the absence of any written 1. Live separately
agreement, Court shall provide for 2. In the absence of written agreement
the support of the spouses and the care Court shall appoint either spouse or a third
of the common children. Court shall party to administer the ACP or CPG
priority to the moral and material well- Article 62
being of the children and choice of In the absence of a written agreement,
parent they would prefer to remain Court shall provide for the care of the spouse
with. Court will provide appropriate and the care and support of the children. The
visitation rights Court shall give priority to the moral and material
Article 48 well being of the children and their choice as to
1. The court shall order the prosecuting which parent they wish to remain. Appropriate
attorney or fiscal assigned to appear rights will be given to the other parent.
on behalf of the State to take steps Article 58
to prevent collusion or fabrication An action for legal separation shall in no case
or suppression of evidence. be tried before six months shall have lapsed
2. No judgment shall be based since the filing of the petition
upon stipulation of facts or Article 59
confession of judgment No legal separation may be decreed unless the
court has taken steps toward reconciliation of
the spouses and is fully satisfied that, despite
such efforts, reconciliation is high improbable.
Article 60
No decree of separation shall be based on
stipulation of facts or confession of judgment.
Article 50 Article 63 Article 100 & 127
1. The ACP or CPG will be dissolved 1. Marriage bonds subsist but couple 1. No support to spouse who
and liquidated except that the guilty will live separately leaves conjugal home without
will forfeit his/her share of the net 2. The ACP or CPG shall be dissolved & justification
profit in favor of common children or liquidated but guilty spouse shall forfeit any 2. Judicial authorization shall
share in the net profit in favor of the common shall be obtained in summary
2. Donations proter nuptias are valid children or in default, the innocent spouse proceedings when the
except if the donee is the guilty party, 3. Custody of children shall be awarded to consent of spouse to any
then the donation is revoked by innocent spouse transaction is required by law
4. Guilty spouse shall be disqualified from 3. If common property is not
3. Innocent spouse may revoke design- inheriting from innocent spouse by intestate not enough, then the separate
ation of guilty as beneficiary in succession. Provision in the will in favor of properties of both spouse
insurance policy, even if designation guilty spouse shall be revoked by law shall be solidarily liable for
Article 64 the support of the family. The
4. The guilty party cannot inherit from 1. Donations to the offending spouse may be present spouse shall in a
innocent spouse by testate or intestate revoked by the innocent spouse as well as summary proceeding be
5. Final judgment shall provide for the the designation in the insurance policy. given judicial authority to
liquidation, partition, distribute of the 2. The revocation shall be registered in the administer or encumber any
specific separate property
common children and the delivery of properties are located. and use fruits to satisfy the
the presumptive legitimes. 3. Registered alienations, lien, or share of guilty spouse.
6. The creditors of the spouse and the encumbrances shall be respected.
ACP or CPG will be notified of 4. Change in beneficiary to take effect
proceedings for liquidation upon written notification
7. In the partition, the conjugal Article 379 of the Civil Code
dwelling shall go to the spouse with When legal separation is granted, the
 testamentary disposition in favor
of each other are revoked by law
Article 371 of Civil Code
In annulment of marriage, if wife
is guilty spouse, then she resumes
using maiden name. If innocent she
may at her option go back to using
her maiden name or use married name
unless court decrees otherwise or
she or her husband marries to
another.
with whom children will live with. wife may continue to use the surname she
(Articles 102 & 129) employed before the legal separation.
Article 51
In the partition, the value of the
presumptive legitimes of the
children shall be delivered in
cash, securities, or properties,
unless the parties have by
mutual agreement judicially
approved provided for such
matter. Children may ask for
enforcement.
Delivery of the legitime shall be
be considered as advances on their
legitime. They are in no way
prejudiced with regard to ultimate
successional rights of children upon
death of parents.
Article 52
The judgment of annulment or of
absolute nullity of the marriage,
the partition and distribution of the
properties of the spouses, and the
delivery of the childrens legitimes
shall be recorded in the appropriate
registry of properties or the civil
registry
Article 371 of Civil Code
In annulment of marriage, if wife
is guilty party, then she goes back
her maiden name. Otherwise she has
option unless there is court decree
or she or her husband remarries
another
Article 53
Either of the former spouses may
marry again after complying with
the requirements. Otherwise, the
subsequent marriage shall be null
and void

Convalidation/Reconciliation Article 45 Article 65

Except for physical incapacity to
consummate and the sexual disease,
the marriage contrated for the others
can be convalidated by offended party
continuing to live as husband and wife
If the couple reconcile, then a joint
manifestation under oath signed by
the couple will be filed with the
court in the same proceeding for legal
separation.
Article 66
Effects of reconciliation are as ff:
1. Legal proceedins shall be terminated
whatever stage
2. The final decree shall be set aside but
the separation of the properties and the
forfeiture of the share of the guilty spouse
already effected shall subsist, unless the
agree to revive their former property
regime
3. The Court order shall be recorded in
the proper civil registries.
Article 67
The agreement to revive and shall be executed
under oath and shall specify the ff:
1. The properties to be contributed
2. Properties to be retained by each
3. The names, addresses and amounts owed
to the known creditors
The agreement and the motion for revival
shall be filed with the court with copies
to all creditors. The Court, after hearing, shall
take measures to protect the creditors and such
order shall be recorded in the proper
registries of property.
The recording shall not prejudiced creditors
not included or notified, unless the separate
properties of spouse shall be enough to satisfy
the creditors claims.