VOID
Art. 35 (Void Ab Initio)
1. Below 18 years old
2. Unauthorized solemnizing officer
(Except if either or both parties believed in
good faith that the officer had authority)
3. Solemnized without marriage license
(Except when license not required)
4. Bigamous or polygamous marriages
• Except: Art. 41 – marriage contracted by
a person whose spouse has been absent
for 4 or 2 years, where such person has a
well founded belief that his/her absent
spouse is already dead, and after the
absent spouse is judicially declared
presumptively dead
5. Mistake in identity
6. Subsequent marriage void under Art. 53
• Art. 53 a person whose marriage has
been annulled may remarry as long as he
complies with Art. 52 which requires that
after the marriage is annulled the
properties of the spouses must be
partitioned and distributed and the
presumptive legitimes of the children be
distributed. Furthermore, the judgment of
annulment or absolute nullity, the
partition and distribution of the
spouses’ properties, and the delivery of
the children’s presumptive legitimes
must be recorded in the appropriate
civil registry and registries of property.
Failure to comply with these requisites
will make the subsequent marriage
void ab initio.
Art. 36
Psychological Incapacity - senseless,
protracted, and constant refusal to comply
with essential marital obligations although
he, she, or they are physically capable
of performing such
-must be proven to exist at time of
celebration of marriage
Art. 37 Incestuous
1. ascendants and descendants any degree
2. brothers and sisters, full or half blood
Art. 38 Public Policy
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1. collateral blood relatives to 4 degree
2. step-parents and step-children
3. parents-in-law and children-inlaw
4. adopting parent and adoptive child
5. surviving spouse of the adopter and the
adopted
6. surviving spouse of the adopted and the
adopter
7. adopted and legitimate child of adopter
8. adopted children of same adopter
9. parties where one, with the
intention to marry the other, killed the
spouse
karmelamirriamebreo
ANNULLABLE
Art. 45
1. Lack of parental consent
2. unsound mind
3. Fraud means of obtaining consent
• Circumstances constituting fraud:
(Art. 46)
a. Non-disclosure of conviction by final
judgment of crime involving moral
turpitude
b. Concealment of pregnancy by
another man
c. Concealment of STD, regardless of
nature, existing at the time of marriage
d. Concealment of drug addiction,
habitual alcoholism, homosexuality and
lesbianism
4. Force, intimidation or undue influence
5. Physical incapability of either party to
consummate the marriage with the other,
and such incapacity continues and appears
to be incurable
• Requisites of Annulment due to
Impotence:
a. Impotence exists at the time of the
celebration of marriage
b. Permanent
c. Incurable
d. Unknown to the other spouse
e. The other spouse must not also be
impotent
- Doctrine of Triennial Cohabitation:
Presumption that the husband is impotent
should the wife still remain a virgin after 3
years of living together with her husband.
6. Affliction of sexually transmissible
disease found to be serious and which
appears incurable
• Elements:
a. Existing at the time of marriage
b. Sexually transmissible disease
c. Serious
d. Appears incurable
LEGAL SEPARATION
Art. 55
1. Repeated physical violence or grossly
abusive conduct
2. Physical violence or moral pressure to
change religious or political affiliation
3. Attempt of respondent to corrupt or
induce the petitioner, a common child, or
a child of the petitioner, to engage in
prostitution, or connivance in such
corruption or inducement
4. Final judgment sentencing respondent
to imprisonment of more than 6 years
(even if pardoned)
5. Drug addiction or habitual alcoholism
6. Lesbianism or homosexuality
7. Subsequent bigamous marriage
8. Sexual infidelity or perversion
9. Attempt against the life
10. Abandonment for more than 1 year
without justifiable cause
RIGHTS AND OBLIGATIONS
Art. 68
1. Live together
2. Observe mutual love, respect and
fidelity
3. Render mutual help and support
4. Management of the household
5. Fix the family domicile
6. Joint responsibility for the support of
the family
VALID MARRIAGE SETTLEMENT
Art. 74
1. In writing
2. Signed by the parties
3. Executed before the celebration of
marriage
4. To fix the terms and conditions of their
property relations
5. If a party executing the settlement
needs parental consent, the
parent/guardian whose consent is needed
must be made a party to the agreement
6. If the party executing the settlement is
under civil interdiction or any other
disability, the guardian appointed by the
court must be made a party to the
settlement
7. Registration (to bind 3rd persons)