San Beda College of Law

Persons and Family Relations

Termination Declaration Of Nullity Annulment Legal Separation (Art.

(Art.41) (Art. 40) (Art. 45) 55)
Marital Status
Subsequent marriage Previous marriage, void ab Valid until annulled or No dissolution of
automatically terminated initio terminated marriage, only
by affidavit of separation of bed-and-
reappearance board; entitled to live
separately
Status of Children Born/Conceived Before Termination
Legitimate Illegitimate except those as Legitimate Legitimate
provided in Art. 36 and 53
Custody of Children
Custody in case of During Pendency:
dispute shall be decided 1. Written Agreement
by the court in separate 2. Absence thereof, court decides based on best interest of child and may award
proceedings for custody it in the following order of preference:
but same considerations a. Both parents jointly
as in Declaration of Nullity b. Either parent, may consider choice of child over 7 years unless parent
chosen is unfit
c. Surviving grandparent, if several then choice of child over 7 years unless
grandparent chosen is unfit/ disqualified
d. Eldest brother/sister over 21unless unfit/ disqualified
e. Any other person deemed by court who is suitable
After Decree:
To the innocent spouse but no child under 7 shall be separated from the mother
unless there are compelling reasons
Child Support
Support in case of dispute During pendency:
shall be decided by the 1. Written agreement
court in separate 2. In the absence thereof, from properties of the absolute community of property
proceedings for custody (ACP) or conjugal partnership (CP)
but same considerations After Decree:
as in Declaration of Nullity Either parent/ both may be ordered by court to give an amount necessary for
support in proportion to resources/means of giver and necessities of recipient
Spousal Support
During pendency:
1. Written agreement
2. In the absence thereof, from properties of the ACP or CP, considered as
advance to be deducted from share during liquidation
3. Restitution if after final judgment court finds that persons providing support
pendent lite is not liable therefor (Sec. 7, Rule 61, ROC)
Property Relations
1. ACP or CP shall be dissolved and liquidated 1. ACP or CP shall be
2. If either spouse contracted marriage in bad faith, he or she has no right to any dissolved and
share of net profits earned by ACP or CP liquidated.
3. Net profits shall be forfeited in favor of common children, or if none, children of 2. Offending spouse
guilty spouse by previous marriage, or in default thereof, the innocent spouse has no right to any
4. In all other cases of void marriage, Art. 147 and 148 applies (Valdes vs. RTC) share of net profits
earned by ACP or
CP
In addition, for marriages under Art. 40 and 45: 3. Net profits shall be
1. All creditors of spouses and of the ACP or CP shall be notified of the proceedings forfeited in favor of
for liquidation common children, or
2. Conjugal dwelling and lot on which it is situated shall be adjudicated pursuant to if none, children of
Art. 102 and 129 guilty spouse by
previous marriage,
or in default thereof,
the innocent spouse
Presumptive Legitime
1. Delivery of presumptive legitime of all common
children computed as of date of final judgment
without prejudice to ultimate successional rights of
children accruing upon death of either or both
parents

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Persons and Family Relations

2. Shall be considered as advances on common

childrens legitime (Art. 51)
Donation Propter Nuptias
1. Shall remain valid, 1. Shall remain valid, 1. Shall remain valid, 1. Donor is given
unless donee unless donee unless donee option to revoke or
contracted marriage contracted marriage in contracted marriage not, if donor decides
in bad faith, in which bad faith, in which case, in bad faith, in to revoke, must do
case, donation to donation to said donee which case, so within 5 years
said donee shall be shall be revoked by donation to said from finality of
revoked by operation operation of law. donee shall be decree
of law. 2. If both spouses of revoked by 2. But if ground for
2. If both spouses of subsequent marriage operation of law. legal separation is
subsequent marriage acted in bad faith, (Art. 43(3)) sexual infidelity
acted in bad faith, donations propter 2. No conflict with Art. (adultery or
donations propter nuptias made by one in 86(2) as such does concubinage),
nuptias made by one favor of the other are not require that donation between
in favor of the other revoked by operation of marriage be persons guilty
are revoked by law (Art. 44) annulled first before thereof at time of
operation of law 3. If both spouses in good donor may revoke donation is void
faith, donor after finality donation donor (Art. 739(1)NCC)
of decree may revoke has 5 years from
pursuant to Art. 86(1) time he had
4. If marriage not knowledge of lack
celebrated: of consent; cannot
a. Those stipulated in revoke if had
marriage settlement knowledge thereof
are void (Art. 81) before the marriage
(Sta. Maria,
b. Those excluded
Melencio Jr. S,
from marriage Persons and
settlement or if no Family Relations
such contract, may Law, fourth Edition,
be revoked by 2004)
donor (Art. 86(1)) 3. Conflict with Art.
86(3) but Art. 43(3)
prevails more in
harmony with
general
purpose/intent of
act (Ibid.)
Insurance Policy
Innocent spouse may revoke designation of spouse in bad faith as beneficiary even if Innocent spouse may
stipulated as irrevocable (Art. 43(4)) revoke donations made
by him or her in favor of
offending spouse as well
as designation of latter
as beneficiary even if
stipulated as irrevocable
(Art. 64). Action to
revoke donation must be
brought within 5 years
from finality of decree
Succession
1. Spouse in bad faith disqualified to inherit from innocent spouse by testate or 1. Offending spouse
intestate succession disqualified from
2. If both spouses of subsequent marriage acted in bad faith, testamentary inheriting from
dispositions made by one in favor of the other are revoked by operation of law innocent spouse by
(Art. 44) intestate succession
2. Provisions in favor
of offending spouse
made in the will of
innocent spouse are
revoked by
operation of law
(Art. 63(4))

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2010 Centralized Bar Operations

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