Persons and Family Relations | Family Code | SBC LAW | by M. B.

Molina

DEFECTIVE MARRIAGES VOID AB INITIO

CAUSES
A4 Absence of any of the essential or formal requisitesos marriage A35 Absence of essential requisites (1) Minority (2) Authority of solmenizing officer (3) No valid marriage license (4) Bigamous/ polygamous marriages (5) Mistake in the identity A37 Incestuous marriages (immoral) A38 Contrary to public policy A44 Subsequent marriages contracted in bad faith by BOTH parties * exception to the rule on subsequent marriages

VOID A36
- psychological incapacity of any party at the time of the marriage which results to the failure to perform essential marital obligations: A68 - A71 A220, A221 * Molina Guidelines * SC AM No. 02-11-

VOID A40
- in rel. to A50 - subsequent marriages without final judgment of the nullity of previous marriage

VOID A41, A42

- 4 requisites of presumptive death: 1) sa 2)

VOID A53
- failure to comply with A52; registration of: 1) final judgment 2) partition/distribution of property 3) delivery of presumptive legitimes

VOIDABLE A45
A2 Defects in essential requisites A45 Causes existing at the time of marriage (1) 18 to below 21 (2) Insanity (3) Mistake or fruad (4) Force, intimidation, undue influence (5) Physical incapability (6) Serious STD A46 Fraud under A45(3) (1) Non-disclosure of conviction (2) Concealment of pregnancy by another man (3) Concealment of STD of any nature (4) Concealment of drug addiction, alcoholism, homosexuality or lesbianism No other misrepresentation as the the character, health, rank, fortune or chastity. Legitimate if born before decree of final judgment

- automatic termination of the subsequent marriage upon the recording of the affidavit of reappearance of presumptively dead spouse - extrajudicial termination of marriage; ergo, A52 does not apply

LEGITIMACY OF CHILDREN

A164, A165 Illegitimate

A54 Legitimate if born before decree of final judgment * exception

A164, A165 Illegitimate * there is explicit exclusion of A43(1) from the applicable Arts. In this case A43(2),(3),(4),(5) applies as per A50 * exception

A43(1) Legitimate if born before decree of final judgment * exception A43(2),(3),(4),(5) applies as per A50 * exception A43(1) support and custody in case of dispute shall be decided by the court in a proper proceeding

A54 Legitimate if born before decree of final judgment * exception A147, A148

EFFECT ON PROPERTY CHILD CUSTODY

A147, A148 A44

- divisionin equal shares - rules on co-ownership

A43(2),(3),(4),(5) applies as per A50

A50(2)

PENDENCY

A49 If no agreement: 1. support of spouse 2. support and custody of children 3. visitation rights * moral and material welfare of child * choice of child

Persons and Family Relations | Family Code | SBC LAW | by M. B. Molina

NON-DEFECTIVE MARRIAGES LEGAL SEPARATION

CAUSES
A55 Grounds for legal separation (1) Repeated physical violence and grossly abusive conduct (2) Physical violence or moral pressure to compel one to change religious or political opinion (3) Attempt to corrupt or induce to engage in prostitution (4) Final judgment sentencing respondent to more than 6 years imprisonment (5) Drug addiction or habitual alcoholism (6) Homossexuality or lesbianism (7) Contracting of a bigamous marriage (8) Sexually infidelity or perversion (9) Attempt against the life of petitioner (10) Abandonment without just cause for more than one year A56 Defenses for legal separation (1) Condonation (2) Consent (3) Connivance (4) Recrimination (5) Collusion (6) Prescription - no court order required

DE FACTO SEPARATION

LEGITIMACY OF CHILDREN EFFECT ON PROPERTY

CHILD CUSTODY

Legitimate because the marriage subsists and marital obligations were only suspended; only cohabitation has ceased between the spouses A63 (1) Shall live separately (2) = A43(2) dissolution of property (3) A213 custody of minor children (4) = A43(5) disqualification from inheritance A64 1. =/= A43(3) MAY revoke donations 2. = A43(4) insurance A67 Decree on dissolution of properties remain unless revived

Legitimate because the marriage subsists and marital obligations were only suspended; only cohabitation has ceased between the spouses - property relations remain

A100, A127 1. Support of/by spouse who left with/without just cause 2. Consent in transactions 3. Solidary liability for support of family a. Fruits of separate property b. Separate property

PENDENCY

A49 If no agreement: 1. support of spouse 2. support and custody of children 3. visitation rights * moral and material welfare of child * choice of child