VOID & VOIDABLE MARRIAGES Gen.

Rule: A marriage contracted by any person

during the subsistence of a previous marriage shall be
VOID VOIDABLE NULL and VOID.
can generally be
can be ratified ratified by free Exception: the prior spouse had been absent for 4
cohabitation. CONSECUTIVE years and the spouse present had a
always void valid until annulled WELL-FOUNDED BELIEF that the absent spouse
can be attacked CANNOT be was already dead;
directly or assailed
collaterally collaterally; there 2 CONSECUTIVE years: In case of disappearance
must be a direct where there is DANGER under the circumstances set
proceeding forth in the provisions of Art. 391, CC.
there is no conjugal there is a conjugal Contracting subsequent marriage:
partnership (only partnership a. The spouse present must institute a
co-ownership) summary proceeding for the declaration of
presumptive death of the absentee. (without
Impediments in marriages: prejudice to the effect of reappearance)

1. Diriment impediments - VOID. (5) Those contracted through mistake of one

Ex. contracting party as to the identity of the other;
 Close blood relationship (6) Those subsequent marriages that are void
 Prior existing marriage under Art. 53.

2. Prohibitive impediments - do not affect validity; JURISPRUDENCE:

criminal prosecution may follow  A void marriage CANNOT be a source of
----------------- rights for it was as though no marriage has taken
place.
1. Absolute impediment - person cannot  A declaration of NULLITY is required before
marry at all. a valid subsequent marriage can be contracted.
Ex.  An unsatisfactory marriage cannot be
 below 18. considered null and void.

2. Relative impediment - prohibition is only with Other VOID marriages:

respect a. One of the parties is psychologically incapacitated;
certain persons. (Art. 36, Family Code)

MOLINA DOCTRINE: (guidelines)

Art. 35. The following marriages shall be void
from the beginning:
(1) Those contracted by any party below eighteen
years of age even with the consent of parents or
guardians;
(2) Those solemnized by any person NOT
LEGALLY authorized to perform marriages unless
such marriage were contracted with either or both
parties believing in good faith that the solemnizing
officer had the legal authority to do so;
(3) Those solemnized without license, except those
covered by the preceding chapter;
(4) Those BIGAMOUS or POLYGAMOUS marriages
not falling under Art. 41;
1. The burden of proof to show the nullity of
marriage belongs to the plaintiff; in case of
doubt, such shall be resolved in favor of the
existence and continuation of the marriage;
2. Root cause of PSYCHOLOGICAL
INCAPACITY must be medically or clinically
identified;
3. Incapacity must be proven to be existing at
the time of the celebration of marriage;
4. Incurability of the psychological incapacity;
5. Gravity of the psychological incapacity;
6. The essential marital obligations must be
those embraced by Art. 68 to 71, FC, as
regards the husband and wife, as well as Art.
220-221 and 225. FC, in regards to parents
and their children;
 7. Interpretations given by NAMT
of the Catholic Church is not
controlling, but should be given
great respect by our courts;
8. Trial court must order the
prosecuting attorney or fiscal and
the Solicitor General to appear
counsel for the state.

b. Marriages between ascendants and

descendants of
ANY degree; (Art. 37 (1), FC)
c. Marriages between brothers and
sisters, whether of
the full or half-blood. (Art. 37 (2),
FC)

Direct line ; count ALL, minus

one.
Collateral ; nearest common
ancestor, go
down minus one.

d. Marriages between collateral blood

relative,
Legitimate or illegitimate, up to the
fourth civil degree;
e. Between step-parents and step-
children;
f. Between parents-in-law and children-
in-law;
g. Between adopting parent and adopted
child;
h. Between the surviving spouse of the
adopting parent
and the adopted child;
i. Between surviving spouse of the
adopted child and the
adopter;

j. Between an adopted child and a legitimate child of

the
adopter;
k. Between adopted children of the same adopter;
l. Between parties where one, with the intention to
marry
someone, killed that other person’s spouse, or
his/her
own spouse.
m. Marriages in a play, drama or movie;
n. Between two boys and two girls;
o. Marriages in jest.