General:

- Void from Inception and not a source of rights

- Marriage cannot be ratified or cured
- No Conjugal Partnership created, generally property regime is Co-ownership (not applicable to
void subsequent marriages due to non-compliance of requirements Art.40)
- No need for a Judicial Declaration for a marriage to be void (JDec. only needed for subsequent
marriages)
- Validity of a marriage may be attacked even after death of one party.
- Status of the children are illegitimate
Exception:
 Born or conceived before nullity under Art. 36/ psychological incapacity is Legitimate
 Those born or conceived under a void subsequent marriage, for non-compliance with
the requirements, are legitimate.
 Subsequent marriage void due to psychological incapacity, children are illegitimate

- Declaration of nullity, without any other incidental prayers, deals with only one cause of action.
Even if different grounds are present, the cause of action is to null the marriage. (Milliones v.
Alcantara)

- In general, good/bad faith is immaterial

Exception:
a. Important in the Disposition of Properties
b. Believing that the solemnizing officer has the authority.
c. Marrying another when one’s spouse disappears for 4 years with
1.) well founded belief that s/he is dead,
2.) procures Judicial Dec. of Presumptive death, and
3.) the subsequent marriage is done in good faith by both parties.

- Under Art. 39: Action or defense for absolute nullity shall not prescribe.
Exception: For marriages celebrated before the effectivity of FC -10 years from its celebration is
the prescription
Exception to the Exception:
No prescriptive period for all
marriages under Art 36. Even if before
FC was effective.

NOTE: SC amends it to the lifetime of either contracting parties and heirs can no longer file the
nullity of their parent’s marriage (only spouses can file)

If validity of marriage is necessary to give rise to certain rights or negate, it can be collaterally
attacked by interested party.