Persons and Family Relations

Family Code

Marriage:

Art.1 defines marriage

- marriage is a permanent union
- marriage is both a status and a contract
Status: entails family rights and obligations, property relations between the spouses
Contract: In view of public interest
A special contract, terms and conditions of marriage are governed by law.
- parties should be male and female

Requisites of Marriage

Art. 2: Essential Requisites (Intrinsic requirements)

A. “Capacity of contracting parties”
- age requirement ( must be 18 and above, Art.5)
- sex/gender requirement (male and female)
Silverio case: born a man, as he grew older he began to realize that he feels and
thinks like a woman. Had sex reassignment surgery. He/She filed a petition in court
that his name be changes from Rommel to Melly. Denied. SC: gender is determine at
birth. Immutability of ones sex and gender. But the court empathizes with Rommel
over his confusion however with the laws existing in this country they cannot do
anything with it.
Cagandahan case: an individual who is scientifically and medically an “intersex”
someone who has both genitals of a male and female. Then he felt that he is a male
because his female parts are gone. SC: As for someone who is intersex, the person has
a choice whether which gender to choose when he/she reach the age of majority.
Officially declared to male. Name was changes from “Jennifer” to “Jeff”

- non of the parties must be suffering from any legal impediments

Legal impediments:
1. Parties must not be related to each other/ incestuous marriage, Art. 37
2. Parties must not be against public policy, Art. 38
3. Requires a prior court declaration of nullity of the previews marriage in order
for the parties to validly contract a subsequent marriage, Art. 40
4. Failure of the parties to comply with Articles 51 and 52. ,Art. 53

B. “Consent Freely given by the presence of a solemnizing officers”

- Consent FREELY given and VICIATED consent is different ex. Those marriages in movies.
- parties are willing to be bound by the consequence of marriage
- do not equate consent with motive
- motive is immaterial
Albios case: Marriage between Filipina and foreigner. Filipina only wants to become an
American citizen. Liberty went to court and asked the marriage to be void because there
was no consent. They never intended to establish a married conjugal life but only to obtain
US citizenship. SC: It is a marriage with motive. There is a driving force that prompted the
party to contract a marriage. And one of the essential requisites of marriage is consent and
not motive.

Art. 3: Formal Requisites (Extrinsic requirements)

A. Authority of Solemnizing Officer
- Who are allowed by law to solemnize marriage? (Art. 7)
1. Any incumbent members of the judiciary within the court’s jurisdiction
- each court in the Phils. has its own territorial area.
- limited only within the court’s jurisdiction
 -Aranes v Occiano case: it doesnt affect the validity of marriage but the Judge is
liable for the irregularity
2. Any priest, rabbi, imam, or minister of a church/religious sec
a) Duly registered by the civil registrar general
b) Must be authorized by his sec/ church
3. Any ship captain/ airplane chief
a) Ony in marriages when one of the contracting parties are in the point of
death or “articulo mortis”, Art. 27
b) Must be passengers/ crew members
c) But if the pilot/ ship capt. Himself is in “articulo mortis”, who can contract
the marriage? The co-pilot can solemnize.
4. Military commander in any unit
a) “Articulo mortis”, Art. 28
b) In the zone of military operation
5. Consul, consul-general and vice consul
a) Only applies to Filipinos and the marriage is abroad
b) Not to be applied between Filipino and foreigner parties.
6. City/ Municipal Mayors, (Chap.3, Art.1, Sec. 444, LGC)
- no restrictions in jurisdiction

Art. 4,
1. Absence of the essential and formal requisites (Void)
2. Defect of essential requisites (Voidable)
3. Irregularities of formal requisites (does not affect the validity of marriage)

- Mistake of fact of the authority of the solemnizing officer. Does not affect the validity of
marriage. Ex. You’re a friend of Pres. Duterte, and you solemnized a marriage with him. But you
know he is the president although you don’t know he cannot contract marriage. You’re not in
good faith. Your marriage is void. Art.3 NCC, Ignorance of the law excuses no one.

- Marriage license must be obtained from the local civil registrar of the place where the
party/ parties habitually resides.
- contracting parties must apply separately for marriage license under oath.
- application for marriage license must be accompanied by supporting documents
Birth certificate/ baptismal certificate
In situations where birth and baptismal cert. Is not available and the 15 day period
from the request of the cert. The applicant may submit a residence cert. Or in the absence
of which, he/she may submit a sworn declaration.
- These requirements can be dispensed with when the parents of the party show up
between the local civil registrar, or show up yourself and let the civil registrar judge your
face :)

- Irregularity: (1) Marriage issued by a wrong local civil registrar. And not in the LCR
that the party/parties habitually resides.
(2) Issuance of marriage license without the 10-day publication posted on
the bulletin board outside the LCR office.
(3) Any impediments of the marriage, shall be suspended for 90 days but
the license nonetheless be issued
(4) Witnesses under 18
(5) Absence of marriage certificate

Art. 8, Wedding venue

- should be publicly performed, depending on the solemnizing officer
- if the marriage is solemnized by a judge: judge’s chamber/ open court
- rabbi, priest, imam: church, mosque…
- EXCEPT: 1. Marriage in “articulo mortis”, venue is irrelevant.
2. No means of transportation available; the solemnizing officer will go there
 3. When the parties request in writing the solemnizing officer that the marriage
ceremony will be performed in another venue.

Note: The rule on venue is subject to the rule on jurisdiction.

Ex. A judge of Cebu City cannot solemnize marriage in Shangrila, Lapu-Lapu City

Art. 14, Parental Consent in cases when a party/parties is between the ages of 18-21
- failure to comply the advice may make the marriage voidable

Art. 15, Parental Advice in the form of affidavit is needed when the party/parties are between the
ages of 21-25
- failure to comply the advice, will not affect the validity of marriage but will suspend the issuance of
the license for 90 days/3months

Art. 16, Marriage Counseling in cases of art. 14 and 15

- failure to comply, will not affect the validity but will suspend the license for 3 months.

Art. 17, Publication for 10 days in the bulletin board of the local civil registrar. For anyone who knows
any legal impediments of the marriage may come forward

Art. 18, the work of the local civil registrar is ministerial.

- Therefore he/she should issue the marriage license unless ordered by the court although aware
of the legal impediments of the marriage applied for.
- The local civil registrar in order to avoid liabilities, should go to court and ask for injunction.

Art. 21, “Legal capacity to contract marriage” must be obtained by foreigners

- Stateless persons must obtain/ execute an affidavit stating the circumstances of his
capacity to contract marriage
- Although the law is silent with the capacity of a stateless person, the person can be
subjected to the domicile accdg. to international law.
Ex. Jack sparrow, is a temporary domicile of the Phils. He can be bound by the Phil. Laws.

Art. 26, Conflict of Laws Rule on Marriage

Phil. Laws on marriage - If the marriage is solemnized in the Phils.
- Marriage by both foreigners but solemnized in the Phils, the marriage laws
in the Phils. (lex locci celebraciones) Should apply but their legal rights should be
bound to their place.
- Marriage outside the Phils.
A. Marriage abroad between foreigners
- If it is valid abroad then it is valid in the Phils. (lex locci celebraciones)
EXCEPT those mentioned in Art.35 (1) (4) (5) (6), Art. 36,37,38
- Ex. The Russian laws does not recognize psychological incapacity as grounds for annulment
therefore void by exception of Art. 36. (but some writers say that these exceptions only
apply to Filipinos “nationality theory”)

B. Marriage abroad between Filipinos

- Ex. The Russian laws does not have psychological incapacity then it is void because Filipinos are
governed by their own laws. (Nationality theory)

C. Marriage abroad between a Filipino and a foreigner (mixed marriage)

- Ex. Russian and a Filipino and marriage is solemnize in Russia. Psychological incapacity is not
recognized as grounds in Russia. The Russian is governed by his own country so Art. 36 does not apply
to him. While to the Filipina, Art. 36 applies to her therefore it is void.
(other writers say that if one is void then the marriage is void)
(accdg. To Justice Paras, if there is doubt as to the status in marriage, should be resolved in favor
of its validity)
(accdg. To Sta. Maria, the exception on Art. 35(1) should only apply to Filipinos)
 (accdg. To Agpalo, ALL of the exceptions only apply to Filipinos)

Art.26 (2)
- Allows Filipino spouse to remarry when the Foreign spouse obtained divorce
- Applies only when the alien spouse obtained a divorce abroad.

When do you determine the compliance with a requirement with a mixed marriage?
At the time the marriage was solemnize or at the time the divorce was obtained?

Answer:
Cipriano Obrecido case
- The determination of the requirement that their marriage is between a foreigner and a Filipino
is not of the date of the solemnization of the marriage but of the date the divorce decree was
obtained.

The fact that the foreign spouse obtained a divorce decree abroad does not automatically capacitate
the Filipino spouse to remarry. Bec. under the doctrine initiated under the case of Obrecido, the
Filipino spouse still needs to go to court and seek a Petition for Declaratory Relief under Rule 63 of
the Rules of Court.
Where the Filipino spouse seeks to establish her capacity to remarry as a result of the divorce decree
obtained by the alien spouse.

The Filipino spouse needs to establish 3 important matters:

1. The Filipino spouse needs to establish the existence and authenticity of the divorce decree
obtained by the alien spouse. By applying
A. Rule 132 sec. 24 and 25 of the rules of court
- Present the Publication/ the Certified True Copy of the Divorce Decree
B. Attestation by the Legal Costudian.
C. Certification to be issued by the Philippine Consular official stationed abroad where the
document was kept/ the divorce decree was issued.

2. Must establish that the Divorce Decree is valid. How?

- the Filipino spouse should demonstrate before the court the divorce decree’s compliance with
the laws allowing it/ prove the foreign law. Apply Rule 132 sec 24 and 25. It must be sufficiently
established.

3. You must also establish that the Divorce Decree obtained by the alien spouse must be an Absolute
Divorce Decree and NOT a Relative divorce decree (it’s like legal separation in the Phils.)

Failure to comply with all of these requirements, the Filipino spouse CANNOT remarry.

WHAT IF:
A German national but the marriage was obtained in the US.

Question:
Which foreign laws needs to be established for purposes of the action for Petition for Declaratory
Relief? The National laws of the alien spouse or the law of the place where the marriage was
obtained?

Bayot vs Bayot
- a case of a marriage between and American wife and a Filipino. The foreign wife went to the
Dominican Republic and obtained a divorce decree. She then went back to the Phils. To file a petition
for Declaration of Nullity of Marriage to the Filipino spouse. The Filipino spouse filed a motion to
dismiss the petition on the grounds of lack of course of action bec. There was already a divorce decree
obtained in the Dominican Republic which already produces the effect of dissolving the marriage.
- SC: agreed with the husband. The divorce decree obtained by the wife in the Dominican republic was
valid bec. Under US law, divorce is recognized as a mode of dissolving marriage. The divorce decree
was under the National law of the alien spouse therefore shall be considered valid in the Phils.

The validity of the Divorce decree must be determined by the National law of the alien spouse and
NOT by the country where the divorce decree was obtained.

WHAT IF:
The alien spouse who wishes to remarry in the Phils? What are the procedures?

Gerbert Corpuz v Daisylyn Sto. Tomas

- A Canadian National and a Filipino wife married in the Phils. The alien spouse went back to Canada
to work and found out that his wife was unfaithful with him. So he obtained a Divorce decree and
Canada and moved on and decided to remarry in the Phils. With another Filipina.
- SC: agreed with the decision of the RTC. The alien spouse cannot avail Art. 26 (2) of the FC.
But SC suggested that he may avail other remedies such as rule 39 sec.38 (Effects of Foreign
judgments)

Petitions to be submitted by Corpuz:

1. Petition for the Recognition of the foreign divorce decree
2. Petition for Correction/ Cancellation of entries in the Local Civil Registrar

*But it is not necessary that these 2 petitions to be submitted.

He can just ask the court to recognize the foreign decree and the court will just tell the Local Civil
Registrar to do the correction/ cancellation of the corresponding entries.

EXEMPTION FROM MARRIAGE LICENSE:

Art. 27, “articulo mortis”/ point of death

- the solemnizing officer must obtain a sworn statement/ affidavit stating the circumstances of
articulo mortis is already enough

Art. 28, remote areas/ no means of transportation

Art. 33, muslims, or ethnic cultural communities

Art. 34, ratification of marital cohabitation.

- 5 yrs. Of cohabitation w/o any legal impediment to contract marriage
- to encourage to legitimize/ legalize their relationships through the sacrament of marriage
- they must execute an affidavit that they have been cohabited for more than 5 yrs.
- 2 affidavits, (1) affidavit of cohabitation (2) affidavit of the solemnizing officer
- What happens to a falsified affidavit of cohabitation? Then it amounts to absence of
marriage license, therefore void.

Ninal case
- the husband shot to death the wife. 1 yr and 8 months after, he married Norma Padayog. Instead of
applying for marriage license, they obtained an affidavit for cohabitation. The children of the first
marriage filed a petition on the grounds that the second marriage is void bec of the absence of
marriage license. The subsequent marriage invoked art. 34. SC: marriage void. For art. 34 to be
applied, the period of 5 yrs must be free from legal impediments.

Dayot v Dayot case

- marriage was solemnized under Art. 34, but the parties cohabited only for 5 months. Therefore, it
does not comply with the requirement of Art. 34. SC: it amounts to absence of a marriage license.

De Castro v De Castro
Manzano v Sanchez (later case)
- SC ruled that in Art. 34, it does not require that the 5 yr cohabitation must be free from legal
impediments.

*which case will prevail? Manzano case is only an Obiter Dictum. Judge got administratively sued.

Office of the Court Admin. V Judge Necessario Case

- involves several judges in Cebu involved in violating art. 34 of FC. Where the parties are 18yrs old
while executing an affidavit of cohabitation SC: guilty.

VOID MARRIAGES:

Art. 35 Absence of Essential and Formal Requisites

(1) Party/Parties Under 18 (Absence of Formal capacity)
(2) Not legally authorized solemnizing officer (Absence of formal requirement)
-except when either one of the parties is in good faith and doesn’t know.
- A judge outside his jurisdiction: remains valid but the judge is administratively liable
Aranes v Occiano
-solemnized by an MTC judge but the solemnization was held outside their jurisdiction

If by a mayor outside his local government unit, it is valid because the Local Government
Code does not impose any restrictions.

(3) Marriage without license (formal)

(4) Bigamous and polygamous marriages (essential)
(5) Mistake of identity (absence of consent)
(6) Marriages that are void under Art. 53 (absence of capacity bec of presence of legal
impediments)

Art. 36 Psychological Incapacity (Pseudo-divorce)

- Does not allow mutual agreement
- But it has all in compassing concepts
- 3 requirements:
A. Juridical Antecedents
- the psychological incapacity must exist at the very least at the time of the
solemnization of marriage or prior to the marriage even if it’s physical manifestation
became noticeable after the solemnization.
- that personality disorder must already be part of the individual before the marriage;
during childhood; most of the time those who came from a broken family
- you need an expert to explain/ satisfactorily prove juridical antecedents or that this is
a result of a child history shaped by a dysfunctional family or whatsoever.

B. Gravity
- the psychological incapacity must be so grave and must be so serious that there is an
inability to perform marital obligations.
- occasional outbursts does not amount to psychological incapacity because it lacks
gravity.

C. Incurability
- must be deemed incurable.
- even if there is a cure but it is simply beyond the means of the person afflicted with it
to avail of the cure.

Absolute incurability: exists regardless of the individual’s partner.

- whoever is your partner, you are always psychologically incapacitated.
Relative incurability: persist only with respect to a particular partner.
 - Phils. Adhere to this kind of incurability
- we do not have absolute incurability.

Chi Ming Tsoi case

- a marriage where the husband was accused of a “senseless, prolonged, protracted refusal to
have sex with the spouse” according to SC, is indicative of Psychological Incapacity.

Kalaw v Fernandez
- involves a wife who loves herself more than she loves her husband and children. Used to be a
model and she wants to keep her beauty intact. Went to beauty parlors everyday and play
mahjong everyday and even bringing along her children with her.
SC: Psychological Incapacity. Her priorities are only for herself.

Leonilo Antonio v Reyes

- A wife who lied about anything and was diagnosed as a pathological liar.
SC: Psychological Incapacity.

Te vs Te
- A young couple who went to Manila with 80k pesos. When all the money were spent, they went
back to Manila and stayed in the house of the girl’s uncle. While they were staying there, the guy was
practically a prisoner, he cannot go out without being guarded by the relatives of the girl. One time,
the boy was able to get away and returned to his family but not long after, they married and
eventually the boy decided to leave the girl. Both of them were examined by a therapist and both of
them were diagnosed to be suffering from psychological illnesses. The boy was suffering from
“dependent personality disorder” and the girl was suffering from “anti-social personality disorder”.
SC: Indifferent behavior is indicative of Psychological Incapacity.

Halili vs Halili

Guidelines for Petition for declaration of nullity of marriage based on Art. 36

1. It is the burden of the Petitioner to prove the existence of psychological incapacity
2. The root cause of psychological incapacity must be medically and clinically identified,
sufficiently proven by experts and clearly explained by in the decision of the court.
3. Psychological incapacity must be established to have existed on the time of the
celebration of marriage or prior to the marriage
4. Must be so serious or grave that brings about the failure to comply with the essential
marital obligations
5. Must be permanent and incurable
6. The inability to perform marital obligations
7. Even the court in resolving cases involving psychological incapacity should base on the
matrimonial tribunals of the Catholic church. Although not binding but has persuasive
effects.

Art. 37 Incestuous Relationships

- involve marriage between ascendants and descendants regardless to any degree
- 2 kinds of incestuous marriages
A. Marriage between ascendants, descendants, brothers and sisters (blood relationships)
- marriage between brother in law is NOT incestuous marriage but a marriage by
Art.38 (public policy)

Art. 38 Public Policy

1. marriage between collateral blood relatives, up to the fourth civil degree(first cousin) of
consanguinity
2. Parents-in-law and children-in-law
- Ex. A and B are married then B died, A can marry Z (B’s mother) BUT if A and B have an
issue(child) he cannot marry his mother in law.
3. Stepmother/ Stepfather
 4. Adopter and Adopted
- while the adopter cannot legally marry the adopted child, the adopter can legally married
the child of the adopted child. Because adoption is a relationship between the adopter and
the adopted ONLY, it does not extend beyond it. ( there is no blood rel.)

5. Surviving spouse between the adopter and the adopted

- Ex. A is single and adopted Z. Then A married B. A died. B CANNOT marry Z by reason of
public policy.
- The surviving spouse of the adopted cannot marry the spouse of the adopter.
- This can only be applied by grounds of DEATH.

6. Between the adopter and the adopted child

7. Between adopted children by the same adopted
8. Marriage wherein by the intention of marrying, killed the spouse of whom he intended to
marry.

Failure to comply with Art. 40

- A subsequent marriage without first obtaining a nullity of the first marriage

- REASONS:
1. intended to do away with the continuing uncertainty in the status of the subsequent marriage
2. it is not for the parties to judge the status of their marriage it is only the court can determine
whether the marriage is void/ voidable

- EFFECTS:
1. On the area respecting the status of the subsequent marriage
- subsequent marriage is clearly void.
2. On the area on whether the party of the subsequent marriage who failed to comply
with art. 40 is criminally liable for bigamy
- bigamy can be committed if the following requisites are present;
A. The accused is already married
B. That marriage is still existing
C. Contracts a subsequent marriage
D. The subsequent marriage has all requisites of a valid marriage EXCEPT the
nullification of the former marriage.

-Bigamy must consist of a valid previous marriage and a valid subsequent

3. On the area on property relations

Effects: those enumerated in article 43

Art. 41 if the spouse is absent, establish a certificate of presumptive death of the absent spouse
-REMEDY: if the spouse is missing for a period of 4 yrs.under normal circumstances
: if missing for 2yrs with dangers of death
You can obtain a Judicial Declaration of Presumptive Death of the Missing Spouse
BUT you need to establish the proof of your exerted diligent effort to ascertain
the whereabouts of your missing spouse.
A. Present evidence the fact that you were looking for your missing spouse
through newspaper publication,
B. Through radio broadcast,
C. Or by sending messages to the relatives of the missing spouse that
you’re looking for him/her
- failure to exert diligent effort, will result to the dismissal of your petition and you may not
remarry.
- the status of the subsequent marriage is a kin to a voidable marriage. It is always subject to a
risk when the missing spouse reappears or at the instance of any interesting party.
Art. 42 The recording of the certificate of re appearance automatically terminates the subsequent
marriage.
- the recording shall be done in the Local Civil Registry where the spouses to the subsequent
marriage are residing and allege the circumstances of your reappearance.
- BUT if you were the missing spouse and you don’t want your wife/ husband back, by force of
Art. 42 you can legally be compelled to have your former marriage restored, theoretically. Your
obligations to support and all your other obligations are restored.

Art. 43 Effects of the termination of the subsequent marriage

1. The children conceived/ born during the subsequent marriage, are legitimate.
2. Their conjugal property shall be dissolved and liquidated. But the share of the spouse who is
guilty of bad faith, shall be forfeited.

Who may file the action for annulment of void marriage?

- only the husband/wife my file the petition of declaration of nullity of a void marriage by
(DIRECT ATTACK)
EXCEPT:
A. if the marriage was solemnized before the effectivity of the family code, any interested party
(children of the previous marriage, Ninal v Badayog) can file a petition for declaration of nullity of a
void marriage.

Ninal vs Badayog
- the husband who killed his wife and subsequently remarried his paramour without a marriage
license and executed an affidavit of cohabitation invoking art. 34. That subsequent marriage upon the
death of the husband was nullified through a petition for the declaration of a void marriage instituted
by the children of the first marriage.

B. Even If the marriage was solemnized during the effectivity of the family code (Aug 3, 1988 and
onwards) but the petition for declaration of nullity of marriage was filed before March 15, 2003 it is
NOT covered by this rule. Meaning, ANY interested party may issue a DIRECT ATTACK for the petition
for declaration of nullity of a void marriage. De Dios Carlos v Sandoval.

De Dios Carlos v Sandoval

- the properties were originally owned by the father. During the lifetime of the father, in order to
avoid the payment of taxes, he summoned all his children that he will transfer one of his properties to
his children.
- the father dies, then subsequently, the child to whom the properties were transferred, also died
leaving his compulsory heirs, the wife and one child.
- the brother, now questioned the ownership of the parties which is now claimed by the wife and
the child of his deceased brother. According to him, it was a ficticious transfer by the father to his
brother bec it was only for the purpose of avoiding taxes. And the property is supposed to be divided
among the siblings.
- he filed a petition for declaration of nullity of marriage between his brother and his wife and he
also said that the nephew is not a child of his brother.
SC ruled: Only the husband/wife can file a petition for declaration of void marriage EXCEPT: if the
marriage was solemnized before the effectivity of the family code, this rule does not apply and ANY
interested party may comply. AND was filed before March 15, 2003 it is NOT covered by this rule,
therefore ANY interested party can file.

Liabe v CA
The wife and the child of the previous marriage have a right to file a petition for declaration of
nullity of void marriage.

C. If the basis for the voidness of marriage is BIGAMY, the spouse of the existing marriage/ the
first marriage may file a petition for declaration of nullity of void marriage by reason of bigamy.
BUT if the innocent spouse to the subsequent marriage does not know that his marriage was
bigamous, he can file a petition for declaration of nullity of their own marriage.
 Fujiki v Marinay
SC: the husband/ wife who may file a petition, is the spouse of the first marriage.
Therefore Fujiki does not have the right to file the nullity of marriage.

A void marriage can be attacked directly or collaterally.

Directly: by the husband/ wife.
Collateral: Any interested party may file NOT thru a petition for declaration of nullity of marriage BUT
in any proceedings where the issue of the status of marriage is relevant.
Ex.1. You’re a child of your parents, and the marriage of your parents is void ( by reason of
absence of a marriage license), when your father dies he left an estate. Consumed by greed, you don’t
want to share this estate with your mother. So you attack it through the settlement of the estate
proceedings.
Ex.2 An action for support (collateral attack)
Your wife filed a petition for support against you. Because you don’t support her needs and
the children’s needs. Then you can question the validity of your marriage in the proceedings of An
Action for support.

Characteristics of a Voidable Marriage

1. It cannot be collaterally attacked.
2. And it can only be attacked during the lifetime of the contracting parties. Because if the
spouse is already death, the marriage was already terminated by death.

SSS vs VDA DE BAILON

- A man, after living together with his wife for 15 yrs., filed a petition for declaration of
presumptive death of his wife. He then contracted a subsequent marriage. Eventually, he died.
Many came forward and wanted to assail his properties. 3 marriages where obtained during his
lifetime.
- the first wife, filed a certificate of reappearance
- the SSS, was convinced that the decision of the court in the declaration of presumptive death
was obtained by fraud because the wife was not actually missing. So the subsequent marriage
entered into is void. And therefore, the former wife is entitled to the death benefits.
- the issue elevated to the SC.
- SC: The status of the subsequent marriage is a kin to a voidable marriage, and a voidable
marriage can only be attacked during the lifetime of the parties to a voidable marriage. In this
case, the husband is already dead and it was too late for the first wife to execute the affidavit of
reappearance because it was already terminated by death.

What is the status of a subsequent marriage when one of the parties is in bad faith?
- even if one of the contracting parties is in bad faith, he/she knew of the whereabouts of the
missing spouse, that subsequent marriage is still valid.

A person is deemed to be in bad faith IF by the time of the solemnization of the subsequent marriage,
he/she was aware of the fact that the missing spouse is still alive.

If one of the parties are in bad faith, the marriage is still valid. But if both of the parties acted in bad
faith, then the marriage is void.

Voidable Marriage
Art. 45 Grounds for Annulment of Marriage;

1. If either of the parties are at the age of 18-20, they need parental consent. The absence of a
parental consent, renders the marriage voidable.
-Parties who can file an action for annulment of the voidable marriage
A. The party who is between the age of 18-20 and failed to secure a parental consent
within 5 yrs. From the time he reached the age of 21
 B. The parents/ the guardian of the having the legal charge of the party who failed to
secure a parental consent. Anytime before that party reached the age of 21.

- the action to annul a voidable marriage is susceptible to RATIFICATION. And the ratification
is initiated by free cohabitation upon reaching the age of 21. The ratification can be done by the
party who is between the ages of 18-20. NO MORE action of annulment can be filed.

2. Insanity.
- Who may file the action for nullity of marriage?
A. The insane himself during lucid interval
B. The parents or guardian of the insane anytime during the lifetime of the parties
C. The sane spouse. But only if the sane spouse was not aware of the insanity of the
spouse before the solemnity of marriage. May be filed during the lifetime of the
parties.

This ground can also be susceptible to Ratification of free cohabitation. The Ratification can be
established by the insane person during lucid interval. Once ratification comes in, no action of
annulment can possibly prosper.

3. Obtained by fraud.
- 4 kinds of fraud (Art. 46)
A. Non-disclosure by the wife of the fact that before the solemnization of marriage,
she is pregnant by another man.
- Applies ONLY the pregnancy DURING the solemnization of marriage.
B. Concealment of the fact that the spouse has been convicted of a crime involving
moral turpitude.
C. Non-disclosure of ones homosexuality, drug addiction, alcoholism existing at the
time of marriage.
D. Concealment of sexually transmitted disease regardless of its nature, existing at the
time of the marriage.

Who can file?

ONLY the aggrieved party.
Prescriptive Period:
-5 years from discovery of the fraud

This is also susceptible to Ratification by free cohabitation that can be obtained by the
aggrieved party.

4. Consent obtained by force, intimidation or undue influence.

Who may file?
The aggrieved spouse. The victim of force, intimidation or undue influence.

Prescriptive period:
-5 yrs after the cessation of the force, intimidation or undue influence.

Susceptible to Ratification of free cohabitation. After the cessation of the force and the
aggrieved party continues to freely cohabit with the spouse, no more action of nullity can
prosper.

5. Physical incapacity to consummate marriage; Relative impotency (failure to erect) on the part
of the husband or Satyriasis (pain during sexual intercourse) on the part of the wife.
Who can file the action of nullity of marriage?
- only the one suffering/ the aggrieved party.
Prescriptive period:
- 5 yrs. From solemnization of marriage
 Unlike 1,2,3,4 this is NOT SUSCEPTIBLE TO RATIFICATION because it has nothing to do with
consent but it only has something to do with capacity.

6. STD which is serious and incurable.

Period to file action:
- 5 yrs. After marriage.

NOT SUSCEPTIBLE TO RATIFICATION.

Art. 50 if the subsequent marriage is declared void by reason of article 40 and 45, the effects
mentioned in art. 43 (2) (3) (4) and (5) also apply to the property relations between spouses in so far
as the subsequent marriage is concerned. THE SAME EFFECTS.
The effects of art. 43 mentioned above: (referring to the subsequent marriage being void)
(2) the conjugal property shall be dissolved and liquidated
- properties shall be divided among spouses after payment of debts
- BUT if the party acted in bad faith, his share of the
NET PROFITS (increase in value of the property from the time of the marriage up to the time
of the dissolution of the marriage but NOT his own share. He can still get his share but NO MORE
net profit) shall be forfeited in favor of the common children. If there are no common children, it
shall be given to the children of the guilty spouse.

(3) All donations by reason of marriage shall remain valid. EXCEPT if the donee acted in bad faith,
it shall be revoked by operation of law.

(4) Any insurance given by the innocent spouse to benefit the spouse who acted in bad faith
may be revoked by the innocent spouse. But if the beneficiary is the innocent spouse, the spouse
acted in bad faith cannot revoke it.

(5) The guilty spouse is disqualified to inherit from the innocent spouse either by testate or
intestate succession

Distinctions between a VOID marriage and a VOIDABLE marriage.

1. As to the legal concept:
Void marriage- is void from the very beginning it has no legal existence.
Voidable marriage- is valid until annulled

2. As to the grounds:
Void marriage: absence of essential/ formal requisites, psychological incapacity, incestuous
marriages, public policy, subsequent marriage void by reason of art. 40,44,53
Voidable marriage: Art. 45, 41

3. Void: does not prescribe

Voidable: prescribes.

4. Void: may be attacked directly or collaterally

Voidable: can only be attacked directly

5. Void: can be attacked during the lifetime or after death of either of the parties.
Voidable: can only be attacked during the lifetime of the contracting parties.

6. Void: Not susceptible to Ratification

Voidable: Susceptible to Ratification

Art. 53 Failure to comply with Art. 50, 51 and 52