 Only marriages declared void by the Legislature should be treated as such.

 A court-appointed guardian and his or her ward can marry each other.
 Stepbrothers and stepsisters can validly marry each other.
 A marriage that is annulled presupposes that is subsists but later ceases to have legal effect when
it is terminated thru court action.
 Void marriages can never be ratified or cured by any act of any of the contracting parties.
 As a general rule, good faith and bad faith are immaterial in determining whether a marriage is
null and void.
 In declaring a marriage void, the State expresses that it does not consider a union in a void
marriage as serving the fundamental purpose of the state of fostering and nurturing a family
which is the foundation of society.
 Either the husband or the wife in a void marriage can file a case to declare it null and void.
 The party who knew that he or she was entering a void marriage before its solemnization may be
held liable for damages by the other contracting party under the provision on Human Relations in
the Civil Code.
 Two (2) exceptions to the general rule that good faith and bad faith are not relevant in void
marriages:
1. If either of the contracting parties is in good faith in believing that a solemnizing
officer has the authority to solemnize a marriage though he has actually none;
and
2. A person whose spouse disappears for four years or two years, the present
spouse may validly marry again if he/she:
 Has a well-founded belief that his/her spouse is dead;
 Procures a judicial declaration of presumptive death; and
 At the time of the subsequent marriage ceremony, is in good faith
together with the subsequent spouse.
 In determining the disposition of the properties in a void marriage, good faith and bad faith of
one of the parties at the time of the marriage ceremony are material.
 When only one of the parties in a void marriage is in good faith, the share of the party in bad faith
in the co-ownership shall be forfeited in favor of the common children. In case of default of, or
waiver by any or all of the common children or their descendants, each vacant share shall belong
to the respective surviving descendants. In the absence of descendants, such share shall belong
to the innocent party.
 Common Children – Respective Surviving Descendant – Innocent Party
 But if both spouse contracted said marriage in bad faith, the properties shall be forfeited in favor
of: COMMON CHILDREN – (if none) CHILDREN OF THE GUILTY SPOUSE BY A PREVIOUS
MARIAGE – THE INNOCENT SPOUSE.
 As a general rule, a void marriage can be collaterally attacked.
 Direct attack means filing a case precisely putting forth as principal issue the nullity of the
marriage.
 In a direct attack, only the husband or the wife can file a case for declaration of nullity.
 If a person has a void marriage and he/she wants to remarry, he/she must first file a civil case to
obtain a judicial declaration of nullity of the first marriage before he/she can remarry.
 For purposes or remarriage, the only acceptable proof to show the voidness of the first marriage
is a judicial declaration issued by the Court directly stating that the first marriage is null and void.
 If the marriage were contracted with either or both parties believing in good faith that the
solemnizing officer had the legal authority to do so when in fact he/she has none, then the
marriage will still be valid.
 A putative marriage is an apparently valid marriage, entered into in good faith on the part of at
least one of the contracting parties, but that is legally invalid due to a technical impediment, such
as a pre-existent marriage on the part of one of the partners.
 Dr. Arturo Tolentino’s view. He distinguishes between “ignorance of the law” and “mistake of
fact.” If the contracting parties go before a person not specifically mentioned by law as having any
authority to solemnize a marriage, then the good faith/bad faith is immaterial because they
cannot be excused from being ignorant of the persons authorized by law to solemnize marriage.
Thus, ignorance of the law excuses no one from compliance therewith. Hence, the marriage will
still be void. But if the contracting parties go before a person stated by law as qualified to
solemnize a marriage but in fact not because of non-fulfilment of a requirement by law such as
procuring a solemnizer’s license to be able to marry, then the good of the parties is material. Such
situation is a mistake of fact and is excusable.
 A judicial declaration of nullity must first be obtained before any of the contracting parties is to
remarry, and such judicial declaration of nullity must be recorded with the local civil registrar
before any subsequent marriage.
 Mistake of Identity is an instance of fraud which makes the marriage annullable.
 A contracting party who marries the twin brother of the other party will make the marriage void
ab initio because there is absence of consent.
 Mistake of identity only covers situations in which there has been a mistake on the part of the
party seeking the nullification of marriage as to the actual physical identity of the other party. It
does not include the name, age, religion, condition in life etc.
 For persons to be able to validly marry again, they must undertake the liquidation, partition and
distribution of their properties, if any, and should be recorded in the proper civil registry and
registries of property.
 The law does not define what psychological incapacity is and therefore, the determination is left
solely with the courts on a case-to-case basis.
 Determination of psychological incapacity depends on the facts of the case.
 Psychological incapacity is different from that of insanity.
 Insanity is the total mental inability to function in all aspects of human life.
 Psychological incapacity cannot be mere refusal or neglect to comply with the obligations, it must
be absolute incapacity to perform.
 It does not mean that just because a person is psychologically incapacitated to perform his or her
marital obligations with his or her present spouse, this would also be the case with any person
other that his or her present spouse.
 Expert testimonies of a psychologist or psychiatrist evaluating the behavioural pattern of the
person alleged to be psychologically incapacitated are extremely helpful.
 But the personal medical or psychological examination of respondent is not a requirement for
declaration of psychological incapacity and that it is not a condition sine qua non for such
declaration.
 The Court may or may not accept the testimony of the psychologist or psychiatrist because the
decision must be based on the totality of evidence.
 The burden of proof to show the nullity of the marriage belongs to the plaintiff.
 The incapacity must be proven to be existing at the time of the celebration of the marriage.
 Such incapacity must also be shown to be medically of clinically permanent or incurable.
 Such illness must be grave enough to bring about the disability of the party to assume the essential
obligations of marriage.
 Incestuous marriages have been universally condemned as grossly indecent, immoral and inimical
to the purity and happiness of the family and the welfare of future generations.
 A child of an incestuous union creates a special problem of social placement.
 A guardian and his or her ward can validly marry each other as this relationship is not prohibited.
 Marriage between collateral blood relatives up to the forth civil degree whether legitimate or
illegitimated is void.