Persons and Family Relations Family Code Marriage: Marriage: Art.1 defnes Art.1 defnes marriage - marriage is a permanent union - marriage is both a status and a contract Status: entails amily rights and obligations, property relations between the spouses Contract: In view o public interest A special contract, terms and conditions o marriage are governed by law. law. - parties should be male and emale Requisites of Marriage Art. 2: ssential 2: ssential !e"uisites !e"uisites #Intrinsic re"uirements$ re"uirements$ A. %Capacity o contracting parties& - age re"uirement # must be '( and above, Art.)$ - se*+gender re"uirement #male and emale$ Silverio case: born case: born a man, as he grew older he began to realie that he eels and thins lie a woman. ad se* reassignment surgery. e+She fled a petition in court that his name be changes rom !ommel !ommel to /elly. /elly. 0enied. SC: gender is determine at birth. Immutability o ones se* and gender. gender. 1ut the court empathies with !ommel !ommel over his conusion however with the laws e*isting in this country they cannot do anything with it. Cagandahan case: an case: an individual who is scientifcally and medically an %interse*& someone who has both genitals o a male and emale. 2hen he elt that he is a male because his emale parts are gone. SC: As or someone who is interse*, the person has a choice whether which gender to choose when he+she reach the age o ma3ority. 45cially declared to male. 6ame was changes rom %7ennier& to %7e8& - non o the parties must be su8ering rom any legal impediments 9egal impediments: '. arties must not be related to each other+ incestuous marriage, Art. ;< =. arties must not be against public policy, Art. ;( ;. !e"uires a prior court declaration o nullity o the previews marriage in order or the parties to validly contract a subse"uent marriage, Art. >? >. @ailure @ailure o the parties to comply with Articles )' and )=. ,Art. ); 1. %Consent @reely @reely given by the presence o a solemniing o5cers& - Consent @!9 given and BICIA20 consent is di8erent e*. 2hose marriages in movies. - parties are willing to be bound by the conse"uence o marriage - do not e"uate consent with motive - motive is immaterial Albios case: /arriage case: /arriage between @ilipina and oreigner. @ilipina only wants to become an American citien. 9iberty went to court and ased the marriage to be void because there was no consent. 2hey never intended to establish a married con3ugal lie but only to obtain S citienship. SC: It is a marriage with motive. 2here is a driving orce that prompted the party to contract a marriage. And one o the essential re"uisites o marriage is consent and not motive.
Art. 3: @ormal !e"uisites #*trinsic re"uirements$ A. Authority o Solemniing 45cer - Dho are allowed by law to solemnie marriageE #Art. <$ '. Any incumbent members o the 3udiciary within the courtFs 3urisdiction - each court in the hils. has its own territorial area. - limited only within the courtFs 3urisdiction -Aranes v Occiano case: it doesnt a8ect the validity o marriage but the 7udge is liable or the irregularity =. Any priest, rabbi, imam, or minister o a church+religious sec a$ 0uly registered by the civil registrar general b$ /ust be authoried by his sec+ church ;. Any ship captain+ airplane chie a$ 4ny in marriages when one o the contracting parties are in the point o death or %articulo mortis&, Art. =< b$ /ust be passengers+ crew members c$ 1ut i the pilot+ ship capt. imsel is in %articulo mortis&, who can contract the marriageE 2he co-pilot can solemnie. >. /ilitary commander in any unit a$ %Articulo mortis&, Art. =( b$ In the one o military operation ). Consul, consul-general and vice consul a$ 4nly applies to @ilipinos and the marriage is abroad b$ 6ot to be applied between @ilipino and oreigner parties. G. City+ /unicipal /ayors, #Chap.;, Art.', Sec. >>>, 9HC$ - no restrictions in 3urisdiction Art. 4, '. Absence o the essential and ormal re"uisites #Boid$ =. 0eect o essential re"uisites #Boidable$ ;. Irregularities o ormal re"uisites #does not a8ect the validity o marriage$ - /istae o act o the authority o the solemniing o5cer. 0oes not a8ect the validity o marriage. *. ouFre a riend o res. 0uterte, and you solemnied a marriage with him. 1ut you now he is the president although you donFt now he cannot contract marriage. ouFre not in good aith. our marriage is void. Art.; 6CC, Ignorance o the law e*cuses no one. - /arriage license must be obtained rom the local civil registrar o the place where the party+ parties habitually resides. - contracting parties must apply separately or marriage license under oath. - application or marriage license must be accompanied by supporting documents 1irth certifcate+ baptismal certifcate In situations where birth and baptismal cert. Is not available and the ') day period rom the re"uest o the cert. 2he applicant may submit a residence cert. 4r in the absence o which, he+she may submit a sworn declaration. - 2hese re"uirements can be dispensed with when the parents o the party show up between the local civil registrar, or show up yoursel and let the civil registrar 3udge your ace :$ - Irregularity: #'$ /arriage issued by a wrong local civil registrar. And not in the 9C! that the party+parties habitually resides. #=$ Issuance o marriage license without the '?-day publication posted on the bulletin board outside the 9C! o5ce. #;$ Any impediments o the marriage, shall be suspended or ? days but the license nonetheless be issued
#>$ Ditnesses under '( #)$ Absence o marriage certifcate Art. 8, Dedding venue - should be publicly perormed, depending on the solemniing o5cer - i the marriage is solemnied by a 3udge: 3udgeFs chamber+ open court - rabbi, priest, imam: church, mos"ueJ - KC2: '. /arriage in %articulo mortis&, venue is irrelevant. =. 6o means o transportation availableL the solemniing o5cer will go there ;. Dhen the parties re"uest in writing the solemniing o5cer that the marriage ceremony will be perormed in another venue. 6ote: 2he rule on venue is sub3ect to the rule on 3urisdiction. *. A 3udge o Cebu City cannot solemnie marriage in Shangrila, 9apu9apu City Art. 14, arental Consent in cases when a party+parties is between the ages o '(-=' - ailure to comply the advice may mae the marriage voidable Art. 1, arental Advice in the orm o a5davit is needed when the party+parties are between the ages o ='-=) - ailure to comply the advice, will not a8ect the validity o marriage but will suspend the issuance o the license or ? days+;months Art. 1!, /arriage Counseling in cases o art. '> and ') - ailure to comply, will not a8ect the validity but will suspend the license or ; months. Art. 1", ublication or '? days in the bulletin board o the local civil registrar. @or anyone who nows any legal impediments o the marriage may come orward Art. 18, the wor o the local civil registrar is ministerial. - 2hereore he+she should issue the marriage license unless ordered by the court although aware o the legal impediments o the marriage applied or. - 2he local civil registrar in order to avoid liabilities, should go to court and as or in3unction. Art. 21, %9egal capacity to contract marriage& must be obtained by oreigners - Stateless persons must obtain+ e*ecute an a5davit stating the circumstances o his capacity to contract marriage - Although the law is silent with the capacity o a stateless person, the person can be sub3ected to the domicile accdg. to international law. *. 7ac sparrow, is a temporary domicile o the hils. e can be bound by the hil. 9aws. Art. 2!, ConMict o 9aws !ule on /arriage hil. 9aws on marriage - I the marriage is solemnied i n the hils. - /arriage by both oreigners but solemnied in the hils, the marriage laws in the hils. #le* locci celebraciones$ Should apply but their legal rights should be bound to their place. - /arriage outside the hils. A. /arriage abroad between oreigners - I it is valid abroad then it is valid in the hils. #le* locci celebraciones$ KC2 those mentioned in Art.;) #'$ #>$ #)$ #G$, Art. ;G,;<,;( - *. 2he !ussian laws does not recognie psychological incapacity as grounds or annulment thereore void by e*ception o Art. ;G. #but some writers say that these e*ceptions only apply to @ilipinos %nationality theory&$
1. /arriage abroad between @ilipinos - *. 2he !ussian laws does not have psychological incapacity then it is void because @ilipinos are governed by their own laws. #6ationality theory$ C. /arriage abroad between a @ilipino and a oreigner #mi*ed marriage$ - *. !ussian and a @ilipino and marriage is solemnie in !ussia. sychological incapacity is not recognied as grounds in !ussia. 2he !ussian is governed by his own country so Art. ;G does not apply to him. Dhile to the @ilipina, Art. ;G applies to her thereore it is void. #other writers say that i one is void then the marriage is void$ #accdg. 2o 7ustice aras, i there is doubt as to the status in marriage, should be resolved in avor o its validity$ #accdg. 2o Sta. /aria, the e*ception on Art. ;)#'$ should only apply to @ilipinos$ #accdg. 2o Agpalo, A99 o the e*ceptions only apply to @ilipinos$ Art.2! #2$ - Allows @ilipino spouse to remarry when the @oreign spouse obtained divorce - Applies only when the alien spouse obtained a divorce abroad. Dhen do you determine the compliance with a re"uirement with a mi*ed marriageE At the time the marriage was solemnie or at the time the divorce was obtainedE Answer: Cipriano Obrecido case - 2he determination o the re"uirement that their marriage is between a oreigner and a @ilipino is not o the date o the solemniation o the marriage but o the date the divorce decree was obtained. 2he act that the oreign spouse obtained a divorce decree abroad does not automatically capacitate the @ilipino spouse to remarry. 1ec. under the doctrine initiated under the case o Obrecido, the @ilipino spouse still needs to go to court and see a Petition for %e&laratory Relief under !ule G; o the !ules o Court. Dhere the @ilipino spouse sees to establish her capacity to remarry as a result o the divorce decree obtained by the alien spouse. 2he @ilipino spouse needs to establish ; important matters: '. 2he @ilipino spouse needs to establish the e'isten&e and aut(enti&ity of t(e di)or&e de&ree obtained by the alien spouse. 1y applying A. !ule ';= sec. => and =) o the rules o court - resent the ublication+ the Certifed 2rue Copy o the 0ivorce 0ecree 1. Attestation by the 9egal Costudian. C. Certifcation to be issued by the hilippine Consular o5cial stationed abroad where the document was ept+ the divorce decree was issued. =. /ust establish that the 0ivorce 0ecree is valid. owE - the @ilipino spouse should demonstrate beore the court the divorce decreeFs compliance with the laws allowing it+ prove the oreign law. Apply !ule ';= sec => and =). It must be su5ciently established. ;. ou must also establish that the 0ivorce 0ecree obtained by the alien spouse must be an A*solute %i)or&e %e&ree and 642 a !elative divorce decree #itFs lie legal separation in the hils.$ @ailure to comply with all o these re"uirements, the @ilipino spouse CA6642 remarry.
DA2 I@: A Herman national but the marriage was obtained in the S. Nuestion: Dhich oreign laws needs to be established or purposes o the action or etition or 0eclaratory !elieE 2he 6ational laws o the alien spouse or the law o the place where the marriage was obtainedE Bayot vs Bayot - a case o a marriage between and American wie and a @ilipino. 2he oreign wie went to the 0ominican !epublic and obtained a divorce decree. She then went bac to the hils. 2o fle a petition or 0eclaration o 6ullity o /arriage to the @ilipino spouse. 2he @ilipino spouse fled a motion to dismiss the petition on the grounds o lac o course o action bec. 2here was already a divorce decree obtained in the 0ominican !epublic which already produces the e8ect o dissolving the marriage. - SC: agreed with the husband. 2he divorce decree obtained by the wie in the 0ominican republic was valid bec. nder S law, divorce is recognied as a mode o dissolving marriage. 2he divorce decree was under the 6ational law o the alien spouse thereore shall be considered valid in the hils. 2he validity o the 0ivorce decree must be determined by the 6ational law o the alien spouse and 642 by the country where the divorce decree was obtained. DA2 I@: 2he alien spouse who wishes to remarry in the hilsE Dhat are the proceduresE Gerbert Corpuz v Daisylyn Sto. o!as - A Canadian 6ational and a @ilipino wie married in the hils. 2he alien spouse went bac to Canada to wor and ound out that his wie was unaithul with him. So he obtained a 0ivorce decree and Canada and moved on and decided to remarry in the hils. Dith another @ilipina. - SC: agreed with the decision o the !2C. 2he alien spouse cannot avail Art. =G #=$ o the @C. 1ut SC suggested that he may avail other remedies such as rule ; sec.;( #8ects o @oreign 3udgments$ etitions to be submitted by Corpu: '. etition or the !ecognition o the oreign divorce decree =. etition or Correction+ Cancellation o entries in the 9ocal Civil !egistrar O1ut it is not necessary that these = petitions to be submitted. e can 3ust as the court to recognie the oreign decree and the court will 3ust tell the 9ocal Civil !egistrar to do the correction+ cancellation o the corresponding entries. K/2I46 @!4/ /A!!IAH 9IC6S: Art. 2", %articulo mortis&+ point o death - the solemniing o5cer must obtain a sworn statement+ a5davit stating the circumstances o articulo mortis is already enough Art. 28, remote areas+ no means o transportation Art. 33, muslims, or ethnic cultural communities Art. 34, ratifcation o marital cohabitation.
- ) yrs. 4 cohabitation w+o any legal impediment to contract marriage - to encourage to legitimie+ legalie their relationships through the sacrament o marriage - they must e*ecute an a5davit that they have been cohabited or more than ) yrs. - = a5davits, #'$ a5davit o cohabitation #=$ a5davit o the solemniing o5cer - Dhat happens to a alsifed a5davit o cohabitationE 2hen it amounts to absence o marriage license, thereore void. "inal case - the husband shot to death the wie. ' yr and ( months ater, he married 6orma adayog. Instead o applying or marriage license, they obtained an a5davit or cohabitation. 2he children o the frst marriage fled a petition on the grounds that the second marriage is void bec o the absence o marriage license. 2he subse"uent marriage invoed art. ;>. SC: marriage void. @or art. ;> to be applied, the period o ) yrs must be ree rom legal impediments. Dayot v Dayot case - marriage was solemnied under Art. ;>, but the parties cohabited only or ) months. 2hereore, it does not comply with the re"uirement o Art. ;>. SC: it amounts to absence o a marriage license. De Castro v De Castro #anzano v Sanchez $later case% - SC ruled that in Art. ;>, it does not re"uire that the ) yr cohabitation must be ree rom legal impediments. Owhich case will prevailE /anano case is only an 4biter 0ictum. 7udge got administratively sued. O&ce o' the Court Ad!in. ( )udge "ecessario Case - involves several 3udges in Cebu involved in violating art. ;> o @C. Dhere the parties are '(yrs old while e*ecuting an a5davit o cohabitation SC: guilty. +-% MARR-A/0: Art. 3 Absence o ssential and @ormal !e"uisites #'$ arty+arties nder '( #Absence o @ormal capacity$ #=$ 6ot legally authoried solemniing o5cer #Absence o ormal re"uirement$ -e*cept when either one o the parties is in good aith and doesnFt now. - A 3udge outside his 3urisdiction: remains valid but the 3udge is administratively liable Aranes v Occiano -solemnied by an /2C 3udge but the solemniation was held outside their 3urisdiction I by a mayor outside his local government unit, it is valid because the 9ocal Hovernment Code does not impose any restrictions. #;$ /arriage without license #ormal$ #>$ 1igamous and polygamous marriages #essential$ #)$ /istae o identity #absence o consent$ #G$ /arriages that are void under Art. ); #absence o capacity bec o presence o legal impediments$ Art. 3! sychological Incapacity #seudo-divorce$ - 0oes not allow mutual agreement
- 1ut it has all in compassing concepts - ; re"uirements: A. 7uridical Antecedents - the psychological incapacity must e*ist at the very least at the time o the solemniation o marriage or prior to the marriage even i itFs physical maniestation became noticeable ater the solemniation. - that personality disorder must already be part o the individual beore the marriageL during childhoodL most o the time those who came rom a broen amily - you need an e*pert to e*plain+ satisactorily prove 3uridical antecedents or that this is a result o a child history shaped by a dysunctional amily or whatsoever. 1. Hravity - the psychological incapacity must be so grave and must be so serious that there is an inability to perorm marital obligations. - occasional outbursts does not amount to psychological incapacity because it lacs gravity. C. Incurability - must be deemed incurable. - even i there is a cure but it is simply beyond the means o the person aPicted with it to avail o the cure. Absolute incurability: e*ists regardless o the individualFs partner. - whoever is your partner, you are always psychologically incapacitated. !elative incurability: persist only with respect to a particular partner. - hils. Adhere to this ind o incurability - we do not have absolute incurability. Chi #ing soi case - a marriage where the husband was accused o a %senseless, prolonged, protracted reusal to have se* with the spouse& according to SC, is indicative o sychological Incapacity. *ala+ v ernandez - involves a wie who loves hersel more than she loves her husband and children. sed to be a model and she wants to eep her beauty intact. Dent to beauty parlors everyday and play mah3ong everyday and even bringing along her children with her. SC: sychological Incapacity. er priorities are only or hersel. eonilo Antonio v eyes - A wie who lied about anything and was diagnosed as a pathological liar. SC: sychological Incapacity. e vs e - A young couple who went to /anila with (? pesos. Dhen all the money were spent, they went bac to /anila and stayed in the house o the girlFs uncle. Dhile they were staying there, the guy was practically a prisoner, he cannot go out without being guarded by the relatives o the girl. 4ne time, the boy was able to get away and returned to his amily but not long ater, they married and eventually the boy decided to leave the girl. 1oth o them were e*amined by a therapist and both o them were diagnosed to be su8ering rom psychological illnesses. 2he boy was su8ering rom %dependent personality disorder& and the girl was su8ering rom %anti-social personality disorder&. SC: Indi8erent behavior is indicative o sychological Incapacity.
/alili vs /alili Huidelines or etition or declaration o nullity o marriage based on Art. ;G '. It is the burden o the etitioner to prove the e*istence o psychological incapacity =. 2he root cause o psychological incapacity must be medically and clinically identifed, su5ciently proven by e*perts and clearly e*plained by in the decision o the court. ;. sychological incapacity must be established to have e*isted on the time o the celebration o marriage or prior to the marriage >. /ust be so serious or grave that brings about the ailure to comply with the essential marital obligations ). /ust be permanent and incurable G. 2he inability to perorm marital obligations <. ven the court in resolving cases involving psychological incapacity should base on the matrimonial tribunals o the Catholic church. Although not binding but has persuasive e8ects. Art. 3" Incestuous !elationships - involve marriage between ascendants and descendants regardless to any degree - = inds o incestuous marriages A. /arriage between ascendants, descendants, brothers and sisters #blood relationships$ - marriage between brother in law is 642 incestuous marriage but a marriage by Art.;( #public policy$ Art. 38 ublic olicy '. marriage between collateral blood relatives, up to the ourth civil degree#frst cousin$ o consanguinity =. arents-in-law and children-in-law - *. A and 1 are married then 1 died, A can marry Q #1Fs mother$ 12 i A and 1 have an issue#child$ he cannot marry his mother in law. ;. Stepmother+ Stepather >. Adopter and Adopted - while the adopter cannot legally marry the adopted child, the adopter can legally married the child o the adopted child. 1ecause adoption is a relationship between the adopter and the adopted 469, it does not e*tend beyond it. # there is no blood rel.$ ). Surviving spouse between the adopter and the adopted - *. A is single and adopted Q. 2hen A married 1. A died. 1 CA6642 marry Q by reason o public policy. - 2he surviving spouse o the adopted cannot marry the spouse o the adopter. - 2his can only be applied by grounds o 0A2. G. 1etween the adopter and the adopted child <. 1etween adopted children by the same adopted (. /arriage wherein by the intention o marrying, illed the spouse o whom he intended to marry. @ailure to comply with Art. 4 A subse"uent marriage without frst obtaining a nullity o the frst marriage - !AS46S: '. intended to do away with the continuing uncertainty in the status o the subse"uent marriage
=. it is not or the parties to 3udge the status o their marriage it is only the court can determine whether the marriage is void+ voidable - @@C2S: '. 4n the area respecting the status o the subse"uent marriage - subse"uent marriage is clearly void. =. 4n the area on whether the party o the subse"uent marriage who ailed to comply with art. >? is criminally liable or bigamy - bigamy can be committed i the ollowing re"uisites are presentL A. 2he accused is already married 1. 2hat marriage is still e*isting C. Contracts a subse"uent marriage 0. 2he subse"uent marriage has all re"uisites o a valid marriage KC2 the nullifcation o the ormer marriage. -1igamy must consist o a valid previous marriage and a valid subse"uent ;. 4n the area on property relations 8ects: those enumerated in article >; Art. 41 i the spouse is absent, establish a certifcate o presumptive death o the absent spouse -!/0: i the spouse is missing or a period o > yrs.under normal circumstances : i missing or =yrs with dangers o death ou can obtain a udi&ial %e&laration of Presumti)e %eat( o the /issing Spouse 12 you need to establish the proo o your e*erted diligent e8ort to ascertain the whereabouts o your missing spouse. A. resent evidence the act that you were looing or your missing spouse through newspaper publication, 1. 2hrough radio broadcast, C. 4r by sending messages to the relatives o the missing spouse that youFre looing or him+her - ailure to e*ert diligent e8ort, will result to the dismissal o your petition and you may not remarry. - the status o the subse"uent marriage is a in to a voidable marriage. It is always sub3ect to a ris when the missing spouse reappears or at the instance o any interesting party. Art. 42 2he recording o the certifcate o re appearance automatically terminates the subse"uent marriage. - the recording shall be done in the 9ocal Civil !egistry where the spouses to the subse"uent marriage are residing and allege the circumstances o your reappearance. - 12 i you were the missing spouse and you donFt want your wie+ husband bac, by orce o Art. >= you can legally be compelled to have your ormer marriage restored, theoretically. our obligations to support and all your other obligations are restored. Art. 43 8ects o the termination o the subse"uent marriage '. 2he children conceived+ born during the subse"uent marriage, are legitimate. =. 2heir con3ugal property shall be dissolved and li"uidated. 1ut the share o the spouse who is guilty o bad aith, shall be oreited. 5(o may 6le t(e a&tion for annulment of )oid marriage7 - only the husband+wie my fle the petition o declaration o nullity o a void marriage by #0I!C2 A22ACR$
KC2: A. i the marriage was solemnied beore the e8ectivity o the amily code, any interested party #children o the previous marriage, "inal v Badayog$ can fle a petition or declaration o nullity o a void marriage. "inal vs Badayog - the husband who illed his wie and subse"uently remarried his paramour without a marriage license and e*ecuted an a5davit o cohabitation invoing art. ;>. 2hat subse"uent marriage upon the death o the husband was nullifed through a petition or the declaration o a void marriage instituted by the children o the frst marriage. 1. ven I the marriage was solemnied during the e8ectivity o the amily code #Aug ;, '(( and onwards$ but the petition or declaration o nullity o marriage was fled beore /arch '), =??; it is 642 covered by this rule. /eaning, A6 interested party may issue a 0I!C2 A22ACR or the petition or declaration o nullity o a void marriage. De Dios Carlos v Sandoval. De Dios Carlos v Sandoval - the properties were originally owned by the ather. 0uring the lietime o the ather, in order to avoid the payment o ta*es, he summoned all his children that he will transer one o his properties to his children. - the ather dies, then subse"uently, the child to whom the properties were transerred, also died leaving his compulsory heirs, the wie and one child. - the brother, now "uestioned the ownership o the parties which is now claimed by the wie and the child o his deceased brother. According to him, it was a fcticious transer by the ather to his brother bec it was only or the purpose o avoiding ta*es. And the property is supposed to be divided among the siblings. - he fled a petition or declaration o nullity o marriage between his brother and his wie and he also said that the nephew is not a child o his brother. SC ruled: 4nly the husband+wie can fle a petition or declaration o void marriage KC2: i the marriage was solemnied beore the e8ectivity o the amily code, this rule does not apply and A6 interested party may comply. A60 was fled beore /arch '), =??; it is 642 covered by this rule, thereore A6 interested party can fle. iabe v CA 2he wie and the child o the previous marriage have a right to fle a petition or declaration o nullity o void marriage. C. I the basis or the voidness o marriage is 1IHA/, the spouse o the e*isting marriage+ the frst marriage may fle a petition or declaration o nullity o void marriage by reason o bigamy. 12 i the innocent spouse to the subse"uent marriage does not now that his marriage was bigamous, he can fle a petition or declaration o nullity o their own marriage. u0i1i v #arinay SC: the husband+ wie who may fle a petition, is the spouse o the frst marriage. 2hereore @u3ii does not have the right to fle the nullity o marriage. A void marriage can be attaced dire&tly or &ollaterally. Directly : by the husband+ wie. Collateral : Any interested party may fle 642 thru a petition or declaration o nullity o marriage 12 in any proceedings where the issue o the status o marriage is relevant. *.'. ouFre a child o your parents, and the marriage o your parents is void # by reason o absence o a marriage license$, when your ather dies he let an
estate. Consumed by greed, you donFt want to share this estate with your mother. So you attac it through the settlement of t(e estate ro&eedings. *.= An action or support #collateral attac$ our wie fled a petition or support against you. 1ecause you donFt support her needs and the childrenFs needs. 2hen you can "uestion the validity o your marriage in the proceedings o An A&tion for suort. C(ara&teristi&s of a +oida*le Marriage '. It cannot be collaterally attaced. =. And it can only be attaced during the lietime o the contracting parties. 1ecause i the spouse is already death, the marriage was already terminated by death. SSS vs (DA D2 BA3O" - A man, ater living together with his wie or ') yrs., fled a petition or declaration o presumptive death o his wie. e then contracted a subse"uent marriage. ventually, he died. /any came orward and wanted to assail his properties. ; marriages where obtained during his lietime. - the frst wie, fled a certifcate o reappearance - the SSS, was convinced that the decision o the court in the declaration o presumptive death was obtained by raud because the wie was not actually missing. So the subse"uent marriage entered into is void. And thereore, the ormer wie is entitled to the death benefts. - the issue elevated to the SC. - SC: 2he status o the subse"uent marriage is a in to a voidable marriage, and a voidable marriage can only be attaced during the lietime o the parties to a voidable marriage. In this case, the husband is already dead and it was too late or the frst wie to e*ecute the a5davit o reappearance because it was already terminated by death. Dhat is the status o a subse"uent marriage when one o the parties is in bad aithE - even i one o the contracting parties is in bad aith, he+she new o the whereabouts o the missing spouse, that subse"uent marriage is still valid. A person is deemed to be in bad aith I@ by the time o the solemniation o the subse"uent marriage, he+she was aware o the act that the missing spouse is still alive. I one o the parties are in bad aith, the marriage is still valid. 1ut i both o the parties acted in bad aith, then the marriage is void.
+oida*le Marriage Art. 4 Hrounds or Annulment o /arriageL '. I either o the parties are at the age o '(-=?, they need parental consent. 2he absence o a parental consent, renders the marriage voidable. arties who can fle an action or annulment o the voidable marriage A. 2he party who is between the age o '(-=? and ailed to secure a parental consent within ) yrs. @rom the time he reached the age o =' 1. 2he parents+ the guardian o the having the legal charge o the party who ailed to secure a parental consent. Anytime beore that party reached the age o ='. - the action to annul a voidable marriage is susceptible to !A2I@ICA2I46. And the ratifcation is initiated by ree cohabitation upon reaching the age o ='. 2he ratifcation can be done by the party who is between the ages o '(=?. 64 /4! action o annulment can be fled.
=. Insanity. - Dho may fle the action or nullity o marriageE A. 2he insane himsel during lucid interval 1. 2he parents or guardian o the insane anytime during the lietime o the parties C. 2he sane spouse. 1ut only i the sane spouse was not aware o the insanity o the spouse beore the solemnity o marriage. /ay be fled during the lietime o the parties. 2his ground can also be susceptible to !atifcation o ree cohabitation. 2he !atifcation can be established by the insane person during lucid interval. 4nce ratifcation comes in, no action o annulment can possibly prosper. ;. 4btained by raud. - > inds o raud #Art. >G$ A. 6on-disclosure by the wie o the act that beore the solemniation o marriage, she is pregnant by another man. - Applies 469 the pregnancy 0!I6H the solemniation o marriage. 1. Concealment o the act that the spouse has been convicted o a crime involving moral turpitude. C. 6on-disclosure o ones homose*uality, drug addiction, alcoholism e*isting at the time o marriage. 0. Concealment o se*ually transmitted disease regardless o its nature, e*isting at the time o the marriage. Dho can fleE 469 the aggrieved party. rescriptive eriod: -) years rom discovery o the raud 2his is also susceptible to !atifcation by ree cohabitation that can be obtained by the aggrieved party. >. Consent obtained by orce, intimidation or undue inMuence. Dho may fleE 2he aggrieved spouse. 2he victim o orce, intimidation or undue inMuence. rescriptive period: -) yrs ater the cessation o the orce, intimidation or undue inMuence. Susceptible to !atifcation o ree cohabitation. Ater the cessation o the orce and the aggrieved party continues to reely cohabit with the spouse, no more action o nullity can prosper. ). hysical incapacity to consummate marriageL !elative impotency #ailure to erect$ on the part o the husband or Satyriasis #pain during se*ual intercourse$ on the part o the wie. Dho can fle the action o nullity o marriageE - only the one su8ering+ the aggrieved party. rescriptive period: - ) yrs. @rom solemniation o marriage nlie ',=,;,> this is 642 SSC2I19 24 !A2I@ICA2I46 because it has nothing to do with consent but it only has something to do with capacity.
G. S20 which is serious and incurable. eriod to fle action: - ) yrs. Ater marriage. 642 SSC2I19 24 !A2I@ICA2I46.
Art. i the subse"uent marriage is declared void by reason o article >? and >), the e8ects mentioned in art. >; #=$ #;$ #>$ and #)$ also apply to the property relations between spouses in so ar as the subse"uent marriage is concerned. 2 SA/ @@C2S. 2he e8ects o art. >; mentioned above: #reerring to the subse"uent marriage being void$ #=$ the con3ugal property shall be dissolved and li "uidated - properties shall be divided among spouses ater payment o debts - 12 i the party acted in bad aith, his share o the 62 !4@I2S #increase in value o the property rom the time o the marriage up to the time o the dissolution o the marriage but 642 his own share. e can still get his share but 64 /4! net proft$ shall be oreited in avor o the common children. I there are no common children, it shall be given to the children o the guilty spouse. #;$ All donations by reason o marriage shall remain valid. KC2 i the donee acted in bad aith, it shall be revoed by operation o law. #>$ Any insurance given by the innocent spouse to beneft the spouse who acted in bad aith may be revoed by the innocent spouse. 1ut i the benefciary is the innocent spouse, the spouse acted in bad aith cannot revoe it. #)$ 2he guilty spouse is dis"ualifed to inherit rom the innocent spouse either by testate or intestate succession
%istin&tions *eteen a +-% marriage and a +-%A9/ marriage. '. As to the legal concept: Boid marriage- is void rom the very beginning it has no legal e*istence. Boidable marriage- is valid until annulled =. As to the grounds: Boid marriage: absence o essential+ ormal re"uisites, psychological incapacity, incestuous marriages, public policy, subse"uent marriage void by reason o art. >?,>>,); Boidable marriage: Art. >), >' ;. Boid: does not prescribe Boidable: prescribes. >. Boid: may be attaced directly or collaterally Boidable: can only be attaced directly ). Boid: can be attaced during the lietime or ater death o either o the parties. Boidable: can only be attaced during the lietime o the contracting parties. G. Boid: 6ot susceptible to !atifcation Boidable: Susceptible to !atifcation
Art. 3 @ailure to comply with Art. )?, )' and )=
