RAMOS PATRICIA BLANCA - 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 REVIEW
(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
 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
 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 4th 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.
 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 REVIEW
(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 REVIEW
(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 Petition Filing of 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
Whereabouts Whereabouts wife parent or guardian, or
known unknown person exercising authority
did not give his or her
CONSENT, within five (5)
• Personal Motion for years after attaining the
service Leave of age of majority, unless such
• Substituted Court party freely cohabitated
service with the other as husband
or wife; or the parent,
Order of guardian or person having
Publication custody, at any time
before such party reach
Publication the age of majority
Issuance of Summons
Solely by the husband or The sane spouse who had
Whereabouts Whereabouts wife no knowledge of the
known unknown other’s INSANITY; or any
relative, guardian, or
person having custody of
• Personal Motion for the insane, at any time
service Leave of before the death of either
• Substituted Court party; or by the insane
service spouse during lucid interval
or after gaining sanity,
Order of provided that the
Publication petitioner, after coming to
reason, has not freely
Publication cohabitated with the other
as husband or wife;
Issuance of Summons
Solely by the husband or The injured party whose
Whereabouts Whereabouts wife consent was obtained by
known unknown FRAUD, within five (5) years
after the discovery of the
fraud, provided that the
• Personal Motion for party, with full knowledge
service Leave of of the facts consisting
• Substituted Court fraud, has not freely
service cohabitated with the other
as husband or wife
Order of
Publication
Publication
Issuance of Summons
Solely by the husband or The injured party whose
Whereabouts Whereabouts wife consent was obtained by
known unknown FORCE, UNDUE INFLUENCE
or INTIMIDATION within five
(5) years from the time the
• Personal Motion for force, intimidation or undue
service Leave of influence disappeared or
• Substituted Court ceased, and the party has
service not freely cohabitated with
the other as husband or
Order of wife after the
Publication disappearance of fraud,
intimidation or undue
Publication influence.
Issuance of Summons
Solely by the husband or The injured party where the
wife other spouse is PHYSICALLY
Whereabouts Whereabouts
INCAPABLE OF
known unknown
CONSUMMATING THE
MARRIAGE with the other,
• Personal and such incapability
Motion for
continues and appears to be
service Leave of incurable, within five (5)
• Substituted Court years after the celebration of
service marriage
Order of Injured party where the other
Publication was afflicted with SEXUALLY
TRANSMISSIBLE DISEASE
found to be serious and
Publication appears to be incurable,
within five (5) years after the
celebration of marriage
Where to file? (Sec. 2; Sec. 3; Sec. 4) – The
Issuance of Summons Family Court of the province or city where the
petitioner or respondent has been residing for
at least six (6) months prior to the date of filing.
Whereabouts Whereabouts
known unknown Non-resident – where he may be found in the
Philippines
• Personal Motion for
service Leave of At the election of the petitioner.
• Substituted Court
service Imprescriptibility of action or defense. – An
Order of action or defense for declaration of absolute
Publication nullity of void marriage shall not prescribe.
Publication
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 complying
Whereabouts Whereabouts with the essential marital obligations of the
known unknown marriage at the time of the celebration of the
marriage even if such incapacity becomes
• Personal Motion for manifest only after its celebration.
service Leave of
• Substituted Court The complete facts should allege the physical
service manifestations, if any, as are indicative of
Order of psychological incapacity at the time of the
Publication celebration of the marriage, but expert opinion
need not to be alleged. (Sec. 2 (d))
Publication
Filing of the Petition Contents of Petition
1. Complete facts constituting the 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 petitioner
who is in a foreign country, it shall be
• Personal Motion for
authenticated by duly authorized officer of
service Leave of
the Philippine embassy or legation, consul
general, consul or vice – consul or consular
service
agent of the said country.
Order of 5. Signed in six (6) copies
Publication • Serve copy to OSG + OPP / OCP
within five days from date of filing
Publication and submit to court the proof of
such service within the same period.
• Failure? = dismissal
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 leave
known unknown of court, be effected upon him by PUBLICATION –
once a week for two consecutive weeks in a
newspaper of general circulation in the Philippines +
• Personal Motion for summons sent to LAST KNOWN ADDRESS BY
service Leave of REGISTERED MAIL
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 Filed No Answer
1. No motion to dismiss the petition shall be allowed except on
Filed 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 service
court to of summons or within 30 days from the last publication. It must
investigate if
collusion
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 Collusion With Comment of Parties to
Collusion the Report
Motion to Set Hearing
Set case for Pre-Trial (Notice

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


No Collusion With
Collusion
ANSWER Investigation Report
• If the public prosecutor reports that no collusion exists, the
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 if
Pre - Trial
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 of
Report of the report of the public prosecutor that no collusion exists
Prosecutor between the parties


No Collusion With
Collusion
ANSWER Notice of Pre - Trial
• Notice of Pre-Trial shall contain:
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 three
court to days before the date of pre-trial.
investigate if • Notice shall be served separately on the parties and their
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 Collusion With
Collusion
Filing of Pre-trial Brief
Case Contents of Pre-Trial
Brief
study
Not filed Filed
Mediation
Pre-Trial Conference 1. A statement of willingness of the parties
to enter into agreements as may be
allowed by law, indicating the desired
Petitioner Respondent Respondent Plaintiff and terms thereof
failed to failed to respondent
failed to
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 stipulations,
dismissed for collusion as well as disputed factual and legal
Court to 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 collusion to intervene purpose thereof
collusion
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
Pre-Trial Brief
study
Not filed Filed
Mediation
Pre-Trial Conference
Failure to file the pre-trial brief or
Petitioner Respondent Respondent Plaintiff and to comply with its required
failed to
appear appear but appear appeared contents shall have the same
filed answer
effect as failure to appear at the
Case Investigate pre-trial.
dismissed for collusion
Court to
Report require
public
prosecutor
With No collusion to intervene
collusion
Case
dismissed
Order
Case
Effect of Failure to
Not filed Filed
study
Appear at the Pre-Trial
Mediation
• If the petitioner fails to appear:
Petitioner Respondent Respondent Plaintiff and case shall be dismissed (unless
failed to
appear appear but appear appeared there appears and proved to
filed answer
be a valid excuse for the non-
Case Investigate appearance
dismissed for collusion
Court to
Report require
public
prosecutor
collusion
Case
dismissed
Order
Case
Effect of Failure to
Not filed Filed
study
Appear at the Pre-Trial
Mediation
• If the respondent fails to appear but
Petitioner Respondent Respondent Plaintiff and 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. He
Case
dismissed
Investigate shall submit his report (whether the
for collusion
non-appearance is due to collision)
Court to within fifteen days.
Report require
public
prosecutor • If there is no collusion, the court shall
collusion require the public prosecutor 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
dismissed
Investigate • In case mediation is not availed of
for collusion
or where it fails, the court shall
Court to proceed with the pre-trial
Report require
public conference, on which occasion it
prosecutor shall consider the advisability of
collusion
receiving expert testimony and 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
dismissed
Investigate whenever necessary.
for collusion
Court to
Report require
public
prosecutor
collusion
Case
dismissed
Order
Case
Pre-trial Order
study
Not filed Filed
Mediation
Pre-Trial Conference • Proceedings in the pre-trial shall be
recorded.
Petitioner Respondent Respondent Plaintiff and • Pre-trial order is issued upon
failed to failed to failed to respondent termination of pre-trial conference.
filed answer • Shall recite in detail:
• the matters taken up during pre-
Case
dismissed
Investigate trial conference
for collusion
• the actions taken
Court to • Amendments allowed on
Report require
public pleadings
prosecutor • Except as to the ground of
collusion
declaration of nullity or
annulment, the agreements or
admissions made by the parties
Case
dismissed
Issuance of Pre-Trial on any of the matters considered
Order
Case
Pre-trial Order
study
Not filed Filed
Mediation
Pre-Trial Conference • Should the action proceed to trial,
the order shall contain:
Petitioner Respondent Respondent Plaintiff and • Facts undisputed, admitted and
failed to failed to failed to respondent those need not to be proved
filed answer • Factual and legal issued to be
litigated
Case
dismissed
Investigate • Evidence, including objects and
for collusion
documents, that have been
Court to marked and will be presented
Report require
public • Name of witnesses and their
prosecutor testimonies in the form of
collusion
affidavits
• 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 issues
Case
dismissed
Investigate or present witnesses and evidence
for collusion
other than those stated in pre-trial
Court to • The order shall control the trial of the
Report require
public case
prosecutor • Parties shall have five days from
collusion
receipt of the pre-trial order to
propose corrections or modifications
Case
dismissed
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 (Notice

No Collusion With Comment of Parties to

Motion to Set Hearing

Set case for Pre-Trial (Notice

No Collusion With Comment of Parties to

Motion to Set Hearing

Set case for Pre-Trial (Notice

No Collusion With Comment of Parties to

Motion to Set Hearing

Set case for Pre-Trial (Notice

 Whether or not the conviction of the private

Truly, the purpose of active participation of the public

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