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Rabuya Civ Forecast PDF
Rabuya Civ Forecast PDF
o But if the ground for nullification of the o Art. 40 is only applicable if there was a
2nd marriage is psychological prior void marriage. If there is no
incapacity, the same is not a valid marriage at all, art. 40 FC does NOT
defense in a charge for bigamy. Art 36 apply.
FC is a unique ground.
o Distinguish a bigamous marriage in art
o Void Marriage. GR: Void marriage does 35, par. 4 FC and art. 40 FC. In the
not exist. The parties are not spouses. former, the prior marriage is either
Therefore, the nullity of marriage is a valid or voidable and the 2nd marriage
valid defense against support. was contracted was contracted during
the substance of valid or voidable
o Void marriage can be a subject of a marriage. This is the true bigamy.
collateral attack. Therefore in There is a legal impediment. In the
succession, the surviving spouse is not latter, the prior marriage must be VOID
entitled to his or her share in the estate ab initio marriage except that a 2nd
because he or she is not a surviving marriage was celebrated without
spouse. securing a judicial declaration of
absolute nullity of the prior void
o But for purposes of contracting another marriage. In Art. 40, the property
marriage, we cannot say that the prior regime is either ACP, CPG or CSP
marriage is void because a declaration (these 3 prop regime applies only in
of absolute nullity of marriage is case of valid, voidable marriage and
required. Read Art. 40 FC. Hence, bigamous marriage under art 40 FC).
bigamy may prosper even when the 1st In Art 35, par. 4, the property regime
marriage is void absent a declaration of is art. 147 or 148 FC.
absolute nullity.
o Art. 147 and 148 FC is not co-
o If the 2nd marriage is celebrated prior ownership. Just simply refer to them as
to Aug. 19, 1986 (promulgation of the a property regime.
case of weigle vs sempio-dy), if the
marriage is void, it is considered as not o Juliano-Llave vs Rep. J. Del Castillo
existing. So even if the 2nd marriage is Ruling. The aggrieved spouse in the
contracted without a prior judicial 1st marriage has the personality to file
declaration of absolute nullity of a potion to declare the 2nd marriage as
marriage, the same is void and a void on the ground of bigamy because,
charge of bigamy will not prosper. the parties in the 2nd marriage is not
Weigle case cannot apply retroactively. expected to terminate their marriage
so long as they are still benefiting from
o If the 2nd marriage is celebrated is their relations. If the ground is bigamy,
celebrated during the effectivity of the the provision where the husband or
FC, apply Art. 40 FC. However, Art. 40 wife of the 2nd marriage has
applies if there was a prior void personality to file the petition does not
marriage. apply to bigamy. The parties in the 2nd
marriage are not in really spouses in
o Cancellation or Correction in the Civil the eyes of the law.
registry is not a proper remedy in case
of void marriage. The remedy is a o Art. 41 FC Requisites in order for the
petition for declaration of absolute 2nd marriage to become a valid
nullity of marriage. HOWEVER, if there marriage in case of presumption of
is no marriage that took place which death. If the 2nd marriage under art.
can be declared void ab initio, 41 FC is void ab initio the proper
cancellation or correction in the civil remedy is a petition for absolute nullity
registry is the proper remedy eg. of marriage. The filing of the affidavit
Marriage in jest, theatrical marriage or of reappearance does not apply since
no marriage at all. Rep vs. Olaibar, in that remedy is for the purpose of
this case, Olaibar never contracted a terminating a valid 2nd marriage. If the
marriage only his identity was used to 2nd marriage is void a petition for
contract marriage with a Korean judicial declaration of nullity is the
national. Morigo vs People, in this case, proper remedy.
o The reservista can sell the property o Barrier Rule Art 992 NCC. The
subject of the reserve troncal. The illegitimate child is barred from
transferee becomes absolute owner of inheriting from the legitimate parent.
the property if he is a innocent
purchaser for value or transferee in o The illegitimate child must be a child of
good faith. someone who is legitimate.
o The reservatario can protect his claim o Among CL the B/S/N/N exclude all
in the property by making everyone in other CL.
bad faith hehe through constructive
notice. By registering the property in o State is the ultimate heir.
the RD in case of real property. In case
of personal proerty, the reservatario o No DL, ILC, SS and BSNN: Other CL
can demand a guaranty from the
reservista. o Up to 5th degree
o Proximity Rule applies
o A resevatrio must be a relative within o No representation
the 3rd degree of consanguinity of the o FB and HB share
propositus. o Barrier Rule