SpecPro - AM02 11 10 SC

Rule on Declaration of
Absolute Nullity of Void

Marriages and
Annulment of Voidable
Marriages
A.M. NO. 02-11-10-SC
(SECS. 1-15)
Ramos, Patricia Blanca DV.

Grounds for Void Marriages REVIE
W
(Absolute Nullity of Marriage)
 Absence of essential or formal requisites (Art. 35, Family Code)
a. Those contracted by any party below 18 years of age even with
consent of parents or guardians
b. Those solemnized by any person not legally authorized to perform
marriages unless such marriages were contracted in good faith that
the solemnizing officer had the legal authority to do so
c. Those solemnized without a license, save for certain exceptions
d. Bigamous or polygamous marriages not falling under Art. 41
e. Those contracted through mistake of one contracting party as to the
identity of the other
f. Those under subsequent marriages that are void under Art. 53
W
 Psychological incapacity (Art. 36, Family Code)
 “A malady that is so grave and permanent as to deprive one of
awareness of the duties and responsibilities of the matrimonial bond one
is about to assume.” (Del Rosario vs. Del Rosario, G.R. No. 222541, Feb.
15, 2017)
 “’Psychological incapacity’ as a ground to nullify a marriage x x x should
refer to no less than a mental --- not merely physical --- incapacity that
causes a party to be truly incognitive of the basic marital covenants that
concomitantly must be assumed and discharged by the parties to the
marriage, which, as so expressed in Art. 68 of the Family Code, among
others, include their mutual obligations to live together, observe love,
respect and fidelity and render help and support.” (Espina-Dan vs. Dan,
G.R. No. 209031, Apr. 16, 2018)
 Requisites: (a) Gravity; (b) Juridical Antecedence; (c) Incurability
W
 Incestuous Marriages (Art. 37)
 Ascendants and Descendants of any degree;
 Brothers and sisters whether full or half-blood
 Contrary to Public Policy Contracted Between: (Art. 38)

 Collateral blood relatives whether legitimate or illegitimate up to the 4 th civil degree;
 Step-parents and step children
 Parents-in-law and children-in-law
 Adopting parent and adopted child
 Adopted child and legitimate child of adopter
 Surviving spouse of adopting parents and adopted child.
 Surviving spouse of adopted child and adopter
 Adopted children of the same adopter
 Parties wherein one, with the intention to marry the other, killed the latter’s spoiuse or his/her
spouse.
W
 Void subsequent marriages
 Without judicial declaration of nullity of previous void marriage (Art. 40)
 Without judicial declaration of presumptive death of absent spouse (Art. 41)
 Where the absent spouse was presumed dead, and both the present spouse and
would-be spouse were in bad faith in contracting marriage (Art. 44)
 Failure to comply with Art. 52, requiring the partition and distribution of properties
and delivery of children’s presumptive legitimes which should be recorded in the
appropriate civil registry and registry of property after obtaining judgment for
declaration of nullity or annulment (Art. 53)
Grounds of Voidable Marriages REVIE
W
(Annulment of Marriage)
 Absence of consent to contract marriage from the parents, guardian or person
exercising substitute parental authority over one or both parties, where one or both
of the parties is 18 years or but below 21 (except when ratified by free cohabitation
as husband and wife)
 Unsound mind of either party (except when ratified by insane person after gaining
sanity, by freely cohabiting with the other as husband and wife)
 Consent of either party was obtained by fraudulent means (except ratified by injured
party by freely cohabiting with the guilty spouse as husband and wife after gaining
full knowledge of the facts constituting the fraud) :
 Non-disclosure of previous conviction by final judgment of a crime involving moral
turpitude
 Concealment by the wife of the fact that at the time of the marriage she was pregnant by
a man other than her husband
 Concealment of STD, regardless of nature, existing at the time of the marriage
 Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianiasm existing
at the time of the marriage
Grounds of Voidable Marriages REVIE
W
(Annulment of Marriage)
 Vitiated consent of either party through force, intimidation or undue influence
(except ratified by injured party by freely cohabiting after disappearance of the
force / intimidation / undue influence)
 Physical incapability of either party to consummate the marriage with the
other, and such incapacity continues and appears to be incurable (impotency)
 Sexually transmitted disease of either party found to be serious and appears to
be incurable
Principles and Concepts
 Nature of action: In rem
 Burden of proof to show the nullity / annulment of the marriage rests on
the petitioner.
 The intervention of the prosecutor is required:
 To prevent collusion
 To see to it that the pieces of evidence are not fabricated or suppressed.
 In psychological incapacity cases:
 Expert opinions, while highly advisable, are not conditions sine qua non for
declaration of nullity of marriage. They are decisive but no indispensable
(Mendoza vs. Republic, G.R. No. 157649, Nov. 12, 2012);
 The totality of evidence must be presented. The facts presented, considered in
totality, should be sufficient to convince the court of the psychological
incapacity of the party concerned (Republic vs. Javier, G.R. No. 210518, April
18, 2018)
Filing of the Filing of Petition
Petition
Who may file? (Sec. 2; Sec. 3)
Issuance of Summons
Nullity of Marriage Annulment of Marriage
Solely by the husband or Contracting party whose
wife parent or guardian, or
Whereabouts Whereabouts
person exercising
known unknown
authority did not give his
or her CONSENT, within
• Personal Motion for five (5) years after
service attaining the age of
Leave of
• Substitute majority, unless such
Court
d service party freely cohabitated
with the other as husband
Order of or wife; or the parent,
Publication guardian or person having
custody, at any time
before such party reach
Publication the age of majority
Petition
Issuance of Summons
Solely by the husband or The sane spouse who had
wife no knowledge of the
other’s INSANITY; or any
known unknown
relative, guardian, or
person having custody of
• Personal Motion for the insane, at any time
service before the death of either
Leave of
• Substitute party; or by the insane
Court
d service spouse during lucid
interval or after gaining
Order of sanity, provided that the
Publication petitioner, after coming to
reason, has not freely
cohabitated with the other
Publication as husband or wife;
Petition
Issuance of Summons
Solely by the husband or The injured party whose
wife consent was obtained by
FRAUD, within five (5)
known unknown
years after the discovery
of the fraud, provided that
• Personal Motion for the party, with full
service knowledge of the facts
Leave of
• Substitute consisting fraud, has not
Court
d service freely cohabitated with
the other as husband or
Order of wife
Publication
Publication
Petition
Issuance of Summons
Solely by the husband or The injured party whose
wife consent was obtained by
FORCE, UNDUE
known unknown
INFLUENCE or
INTIMIDATION within five
• Personal Motion for (5) years from the time
service the force, intimidation or
Leave of
• Substitute undue influence
Court
d service disappeared or ceased,
and the party has not
Order of freely cohabitated with
Publication the other as husband or
wife after the
disappearance of fraud,
Publication intimidation or undue
influence.
Petition
Issuance of Summons
Solely by the husband or The injured party where the
wife other spouse is
Whereabouts Whereabouts PHYSICALLY INCAPABLE
known unknown OF CONSUMMATING THE
MARRIAGE with the other,
and such incapability
• Personal Motion for continues and appears to
service Leave of be incurable, within five (5)
• Substitute Court years after the celebration
d service of marriage
Order of Injured party where the
Publication other was afflicted with
SEXUALLY
TRANSMISSIBLE DISEASE
Publication found to be serious and
appears to be incurable,
within five (5) years after
the celebration of marriage
Petition
Where to file? (Sec. 2; Sec. 3; Sec. 4) –
Issuance of Summons The Family Court of the province or city
where the petitioner or respondent has been
residing for at least six (6) months prior to
Whereabouts Whereabouts the date of filing.
known unknown
Non-resident – where he may be found in the
• Personal Motion for Philippines
service Leave of
• Substitute Court At the election of the petitioner.
d service
Order of Imprescriptibility of action or defense. –
Publication An action or defense for declaration of
absolute nullity of void marriage shall not
prescribe.
Publication
Petition
A petition under Art. 36 of the Family Code
Issuance of Summons shall specifically allege the complete facts
showing either or both parties were
psychologically incapacitated from
Whereabouts Whereabouts complying with the essential marital
known unknown obligations of the marriage at the time of the
celebration of the marriage even if such
• Personal Motion for incapacity becomes manifest only after its
service Leave of celebration.
• Substitute Court
d service The complete facts should allege the
Order of physical manifestations, if any, as are
Publication indicative of psychological incapacity at the
time of the celebration of the marriage, but
expert opinion need not to be alleged. (Sec.
Publication 2 (d))
Filing of the Contents of
Complete facts constituting thePetition
Petition
1. cause of
Issuance of Summons action.
2. Names and ages of the common children;
property regime and properties involved
Whereabouts Whereabouts 3. Verification
known unknown 4. Certificate of Non-Forum Shopping
• For Verification and Certification of
• Personal petitioner who is in a foreign country, it
Motion for
shall be authenticated by duly authorized
service Leave of
• Substitute officer of the Philippine embassy or
Court
legation, consul general, consul or vice –
d service
consul or consular agent of the said
Order of country.
Publication 5. Signed in six (6) copies
• Serve copy to OSG + OPP / OCP
Publication within five days from date of filing
and submit to court the proof of
such service within the same
period.
Filing of the Petition Summons
• Shall be governed by Rule 14 of ROC
Issuance of Summons
• If the respondent cannot be located or his
whereabout unknown and cannot be ascertained
Whereabouts Whereabouts by diligent inquiry, service of summons may, by
known unknown leave of court, be effected upon him by
PUBLICATION – once a week for two consecutive
weeks in a newspaper of general circulation in the
• Personal Motion for Philippines + summons sent to LAST KNOWN
service Leave of ADDRESS BY REGISTERED MAIL
• Substitute Court
d service • Contents of Order of Publication
a. title of the case
Order of b. docket number
Publication c. nature of the petition
d. principal grounds of the petition
Publication e. reliefs prayed for
f. a directive for the respondent to answer
within thirty days from the last issue of
publication
ANSWER Answer
Answer No Answer 1. No motion to dismiss the petition shall be allowed except
Filed Filed on the ground of lack of jurisdiction (other grounds for
dismissal can be raised as affirmative defenses)
Order of 2. Respondent shall file his answer within 15 days from the
court to service of summons or within 30 days from the last
investigate
if collusion
publication. It must be verified by the respondent himself.
exists 3. If the respondent fails to file an answer, he will not be
declared in default.
4. If no answer was filed or if the answer does not tender an
Report of
Prosecutor issue, the court shall order the public prosecutor to
investigate whether collusion exists between the parties.
No With Comment of Parties to
Collusion Collusion the Report
Motion to Set Hearing
Set case for Pre-Trial

No With
(Notice of Pre-trial) Case Dismissed
Collusion Collusion
ANSWER Investigation Report
Answer No Answer • The public prosecutor shall submit within 1 month after the
Filed Filed
receipt of the court order, a report stating whether a
Order of
collusion exists between the parties. He shall also serve
court to copies to the parties and counsels.
investigate • If collusion exists, the public prosecutor shall state the basis
if collusion thereof in his report. The parties shall file their respective
exists
comments within 10 days from receipt of the copies
thereof. The court shall set the report for hearing and if
Report of convinced that the parties are in collusion, it shall dismiss
Prosecutor
the petition.


No With
Collusion Collusion
ANSWER Investigation Report
• If the public prosecutor reports that no collusion exists, the
Answer No Answer
Filed Filed court shall set the case for pre-trial. It shall be the duty of
the public prosecutor to appear for the State at the pre-
trial.
Order of
court to
investigate
Pre - Trial
if collusion • Pre-trial is mandatory.
exists • On motion or motu-proprio, the court shall set the pre-trial
after the last pleading has been served or upon the receipt
Report of of the report of the public prosecutor that no collusion
Prosecutor exists between the parties


No With
Collusion Collusion
ANSWER Notice of Pre - Trial
• Notice of Pre-Trial shall contain:
Answer No Answer
Filed Filed a. date of pre-trial conference
b. An order directing the parties to file and serve to the
Order of adverse party their respective pre-trial briefs at least
court to three days before the date of pre-trial.
investigate • Notice shall be served separately on the parties and their
if collusion
exists
respective counsels as well as the public prosecutor. It shall
be their duty to appear personally at the pre-trial.
• Notice shall be sent even if the respondent fails to file an
Report of
answer. If the summons are through publication, it shall be
Prosecutor
sent to his last known address.


No With
Collusion Collusion
Filing of Pre-trial Brief
Case Contents of Pre-
study
Not filed Filed
Trial Brief
Mediation
Pre-Trial Conference 1. A statement of willingness of the
parties to enter into agreements as may
be allowed by law, indicating the
Petitioner Respondent Respondent Plaintiff and desired terms thereof
failed to failed to failed to respondent
appear but appear appeared
2. Concise statement of their respective
appear
filed answer claims together with the applicable laws
and authorities
Case Investigate 3. Admitted facts and proposed
dismisse for stipulations, as well as disputed factual
d collusion Court to and legal issues
Report require 4. All the evidence to be presented,
public including expert opinion, if any, briefly
prosecutor stating or describing the nature and
With No to purpose thereof
collusion collusion intervene 5. The number and names of the witnesses
and their respective affidavits
Case 6. Such other matters as may the court
Issuance of Pre-Trial
dismissed
Order
require.
Case Failure to File
study
Not filed Filed
Pre-Trial Brief
Mediation
Pre-Trial Conference
Failure to file the pre-trial brief
Petitioner Respondent Respondent Plaintiff and or to comply with its required
appear appear but appear appeared contents shall have the same
filed answer
effect as failure to appear at the
Case Investigate pre-trial.
dismisse for
d collusion Court to
Report require
public
prosecutor
With No to
collusion collusion intervene
Case
dismissed
Order
Case
Effect of Failure to
Not filed Filed
study
Appear at the Pre-
Mediation
Trial
• If the petitioner fails to appear:
Petitioner Respondent Respondent Plaintiff and case shall be dismissed
appear appear but appear appeared (unless there appears and
filed answer
proved to be a valid excuse for
Case Investigate the non-appearance
dismisse for
Report require
public
prosecutor
With No to
Case
dismissed
Order
Case
Effect of Failure to
Not filed Filed
study
Appear at the Pre-
Mediation
Trial
• If the respondent fails to appear
Petitioner Respondent Respondent Plaintiff and but he filed an answer: court shall
failed to failed to failed to respondent proceed with the pre-trial and
appear appear but appear appeared
filed answer require the public prosecutor to
investigate the non-appearance.
Case
dismisse
Investigate He shall submit his report (whether
for
d collusion
the non-appearance is due to
Court to collision) within fifteen days.
Report require
public
prosecutor • If there is no collusion, the court
With No to
collusion collusion
shall require the public prosecutor
intervene
to intervene for the State during
trial
Case
dismissed
Order
Case
Pre-Trial Conference:
Not filed Filed
study
Mediation
Mediation
Pre-Trial Conference • May refer the issues, not prohibited
by law to be mediated or agreed
Petitioner Respondent Respondent Plaintiff and upon, to a mediator
failed to failed to failed to respondent • The mediator shall render a
filed answer report within one month from
referral
Case Investigate • In case mediation is not availed of
dismisse for
d or where it fails, the court shall
collusion Court to proceed with the pre-trial
Report require
public conference, on which occasion it
prosecutor shall consider the advisability of
With No to
collusion collusion
receiving expert testimony and
intervene
such other maker as may aid in the
prompt disposition of the petition.
Case
dismissed
Order
Case
Social Worker
study
Not filed Filed
Mediation
Pre-Trial Conference • The court may require a social
worker to conduct a case study and
Petitioner Respondent Respondent Plaintiff and submit the corresponding report at
failed to failed to failed to respondent least three days before pre-trial.
filed answer • The court may also require a case
study at any stage of the case
Case
dismisse
Investigate whenever necessary.
for
Report require
public
prosecutor
With No to
Case
dismissed
Order
Case
Pre-trial Order
study
Not filed Filed
Mediation
Pre-Trial Conference • Proceedings in the pre-trial shall be
recorded.
Respondent Respondent Plaintiff and • Pre-trial order is issued upon
Petitioner
failed to failed to failed to respondent termination of pre-trial conference.
filed answer • Shall recite in detail:
• the matters taken up during
Case
dismisse
Investigate pre-trial conference
for • the actions taken
d collusion Court to • Amendments allowed on
Report require
public pleadings
prosecutor • Except as to the ground of
With No to
collusion collusion
declaration of nullity or
intervene
annulment, the agreements or
admissions made by the parties
Case
dismissed
Issuance of Pre-Trial on any of the matters
Order
considered
Case
Pre-trial Order
study
Not filed Filed
Mediation
Pre-Trial Conference • Should the action proceed to trial,
the order shall contain:
Respondent Respondent Plaintiff and • Facts undisputed, admitted and
Petitioner
failed to failed to failed to respondent those need not to be proved
filed answer • Factual and legal issued to be
litigated
Case Investigate • Evidence, including objects and
dismisse for
d documents, that have been
collusion Court to marked and will be presented
Report require
public • Name of witnesses and their
prosecutor testimonies in the form of
With No to
collusion collusion
affidavits
intervene
• Schedule of presentation of
evidence
Case
dismissed
Order
Case
Pre-trial Order
study
Not filed Filed
Mediation
Pre-Trial Conference • Shall also contain a directive to the
public prosecutor to appear for the
Petitioner Respondent Respondent Plaintiff and State and take steps to prevent
failed to failed to failed to respondent collusion or suppression or
filed answer fabrication of evidence during trial
• Parties are not allowed to raise
Case
dismisse
Investigate issues or present witnesses and
for
d evidence other than those stated in
collusion Court to pre-trial
Report require
public • The order shall control the trial of
prosecutor the case
With No to
collusion
• Parties shall have five days from
collusion intervene
receipt of the pre-trial order to
propose corrections or
Case
dismissed
Issuance of Pre-Trial modifications
Order
Lolita Enrico vs. Heirs of Sps.
Eulogio Medinaceli and Trinidad
Catli-Medinaceli
G.R. NO. 173614, SEPTEMBER 28, 2007
LEGAL PERSONALITY OF THE HEIRS IN A CASE OF DECLARATION OF
NULLITY OF MARRIAGE
Facts:
 The heirs of Sps. Eulogio and Trinidad Medinaceli filed with the
RTC an action for declaration of nullity of marriage of Eulogio
and petitioner Lolita.
 Eulogio and Lolita allegedly married on August 24, 2004, or barely
three months from the death of Eulogio’s first wife, Trinidad.
 Six months later, Eulogio passed away.
 The marriage was solemnized without a marriage license, and not
within the grounds of exception in Article 34 of the Family Code
 Petitioner argued in her answer that she and the deceased
lived as husband and wife under one roof openly and publicly
for 21 years.
 Petitioner sought the dismissal of action on the ground that
only contracting parties while living can file an action for
declaration of nullity of marriage.
Facts:
 RTC dismissed the petition, but on Motion for
Reconsideration, it reversed it prior Order and
reinstated the petition by “reconciling” the old rule
(Ninal vs. Bayadog) and A.M. No. 02-11-10-SC
 Petitioner moved for reconsideration, but the same
was denied.
 Petitioner filed a Petition for Certiorari before the
Supreme Court.
Issue:
 Whether or not the heirs of Eulogio
Medinaceli could validly file a petition for
declaration of nullity of marriage
between their deceased father and
petitioner?
Ruling:
 Heirs cannot file a petition for nullity of marriage in behalf of
their deceased father. In Ninal vs. Bayadog, the marriage was
solemnized before the effectivity of the Family Code. The
marriage in the instant case was in 2004, after the effectivity of
the Family Code and A.M. 02-11-10-SC. The latter law and rule
apply to the marriage.
 The categorical language of A.M. 02-11-10-SC leaves no room
for doubt. “A petition for declaration of nullity of void marriage
may be filed solely by the husband or wife.”
 Such petition cannot be filed by compulsory or intestate heirs
or by the State. They do not have a legal right to file the
petition. They only have inchoate rights prior to the death of
their predecessor and hence, can only question the validity of
the marriage of the spouses upon the death of a spouse in a
proceeding for settlement of the estate of the deceased
spouse.
Virgilio Maquilan vs. Dita
Maquilan
G.R. NO. 155409, JUNE 8, 2007
COMPROMISE AGREEMENT; PARTICIPATION OF SOLICITOR GENERAL / PUBLIC
PROSECUTOR
Facts:
 Parties are husband and wife with one son
 Petitioner discovered that private respondent was having
an illicit sexual affair with her paramour
 Petitioner filed a case of adultery against the private
respondent and the latter’s paramour.
 Private Respondent filed a Petition for Declaration of
Marriage, Dissolution and Liquidation of Conjugal
Partnership of Gains and damages imputing psychological
incapacity on the part of the petitioner.
 During pre-trial petitioner and private respondent entered
into a Compromise Agreement as to the liquidation and
partition of their property.
 The Compromise Agreement was given judicial imprimatur.
Facts:
 Later on, respondent was convicted of adultery
 Petitioner filed for Omnibus Motion, praying the
repudiation of the Compromise Agreement on the
grounds, among others, that (a.) civil interdiction of
the respondent; (b) the proceedings was conducted
without the intervention of the Solicitor General /
public prosecutor, rendering it void.
 RTC denied the motion. Petitioner filed a motion for
reconsideration but the same was denied.
 Petitioner filed a Petition for Certiorari and Prohibition
with the CA, but it was dismissed.
Issue:
 Whether or not the participation of Solicitor
General is needed in the proceedings?
 Whether or not the conviction of the private

respondent of the crime of adultery a
disqualification for her to share in the conjugal
property?
Ruling:
 Participation
of Solicitor General / Public Prosecutor is not
needed in the proceedings. The proceedings pertaining to the
Compromise Agreement involved the conjugal properties of
the spouses. The settlement had no relation to the questions
surrounding the validity of the marriage. Nor did the
settlement amount to a collusion between the parties.
Truly, the purpose of active participation of the public prosecutor

or the Solicitor General is to ensure that the interest of the State
is represented and protected in the proceedings for annulment
and declaration of nullity of marriages by preventing collusion
between the parties, or fabrication or suppression of evidence.
While the appearances of Solicitor General and/or Public
Prosecutor are mandatory, the failure of the RTC to require their
appearance does not per se nullify the Compromise Agreement.
Ruling:
 The conviction of the respondent of the crime
of adultery is not a disqualification. Adultery
does not carry the accessory penalty of civil
interdiction. Adultery has a penalty of prsion
correccional which carries with it an accessory
penalty of suspension from public office, from
the right to follow a profession or calling, and
perpetual special disqualification from the
right to suffrage.

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Rule on Declaration of

Absolute Nullity of Void

Ramos, Patricia Blanca DV.

 Contrary to Public Policy Contracted Between: (Art. 38)

Motion to Set Hearing

Set case for Pre-Trial

No With Comment of Parties to

Motion to Set Hearing

Set case for Pre-Trial

No With Comment of Parties to

Motion to Set Hearing

Set case for Pre-Trial

No With Comment of Parties to

Motion to Set Hearing

Set case for Pre-Trial

 Whether or not the conviction of the private

Truly, the purpose of active participation of the public prosecutor

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