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