I.
Distinguish Declaration of Nullity,
Annulment and Legal Separation
based on procedures, remedies and
prescription.
PRESCRIPTION
1. There is no prescriptive period to file an
action for the declaration of nullity of marriage
2. Annulment:
-if there was no parental consent, the
parent or guardian having legal charge of “no
consent party” may file for annulment anytime
BFORE “no consent party” reaches age of 21;
“no consent party” within 5 years AFTER
attaining the age of 21
-For insanity, the sane spouse without
knowledge of insanity, relatives or guardian
may file for annulment at any time BEFORE
death of either party; insane person may file for
annulment DURING lucid interval or AFTER
regaining sanity
-For fraud, injured party may file for
annulment within 5 years AFTER discovery of
fraud
-For incapability to consummate, the
injured party may file within 5 years after
marriage ceremony
- For STD, injured party may file within 5
years after marriage ceremony
3. Legal Separation
-an action for legal separation shall be
filed within five years from the time of the
occurrence of the cause
PROCEDURE
-For annulment and declaration of
nullity
1. Complaint filed with RTC
2. Defendant is given 15 days to answer the
complaint
3. If defendant failed to answer, he will not be
declared in default
4. Court will order a full-blown hearing where
the fiscal will appear on behalf of the State (no
fabrication or collusion)
5. If erroneous judgement, i.e., rendered a
default judgement, it would still be valid
6. If defendant answered, issues are considered
joined and the fiscal will appear on behalf of the
Sate
-For legal separation
1. File complaint by petitioner
2. Defendant is required to answer within 15
days from receipt of the summons and a copy
of the petition
3. If failed to answer, defendant will not be held
in default
4. Prosecuting attorney or fiscal will appear
before the state to see if there is no collusion or
fabrication of evidence
5. Even if the defendant answers, prosecuting
attorney or fiscal must actively participate in
behalf of the State
6. If there is a no-holds-barred contest, active
participation by the fiscal is not mandatory
7. Whether or not the defendant files an
answer, there must be no hearing on the merits
with respect to the validity and invalidity of the
ground for legal separation for 6 months 4. Final judgment sentencing the
(cooling off period) respondent to imprisonment of more
than six years, even if pardoned.
8. failure to observe 6 month cooling off period
is a ground to set aside the decision granting
5. Drug addiction or habitual alcoholism
legal separation of the respondent.
9. what may be heard during the 6month
period? 6. Lesbianism or homosexuality of the
respondent.
-support for pendent elite
7. Contracting by the respondent of a
-motion to dismiss the case
subsequent bigamous marriage,
-alimony whether in the Philippines or abroad.

-motion for injunction (in cases of property 8. Sexual infidelity or perversion.

dissipation)
9. Attempt by the respondent against
-all other matters not related to the validity or
the life of the petitioner.
invalidity of the grounds for legal separation

10. Quantum of evidence – preponderance of 10. Abandonment of petitioner by

evidence respondent without justifiable cause for
more than one year.

III. You drink wine every day and

smoke marijuana once in a while,
II. GROUNDS FOR LS what is the status of the marriage?
1. Repeated physical violence or grossly -voidable if concealed
abusive conduct directed against the -if after the ceremony and during
petitioner, a common child, or a child of marriage, ground for LS (?)
the petitioner.
IV. You’re married your husband would call you
names such as “bitch, slut, whore, and etc.” and
2. Physical violence or moral pressure
then one day, he says he wants to change his
to compel the petitioner to change
religion to Islam (him wanting multiple
religious or political affiliation.
marriages), you tell him “never change your
religion, or else I will leave you” Status?
3. Attempt of respondent to corrupt or
induce the petitioner, a common child, - Recrimination/ equal guilt
or a child of the petitioner, to engage in - The plaintiff-spouse cannot invoke the
prostitution, or connivance in such guilt of the other if such plaintiff-spouse
corruption or inducement. is guilty of giving grounds for legal
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