Declaration of nullity Marriage has no legal effect/direct or collateral Any interested party
Imprescriptible; even after death of spouses
Co-ownership Illegitimate except if ground is psychological incapacity (Art. 36) in which case same rule as -> Gen. Rule: Mother (7 years and below, tender years presumption) Xpn: if found unfit
Absence of Formal or Essential Requisites:
(1) Legal capacity, must be a man and a woman
Petition for annulment Valid until annulled/direct only 1.
Party below 18 – 5 years from becoming 21 (until 26 years old!) 2. Guard/parent – before child turns 21 3. Unsound mind – after lucid interval 4. Sane party if unaware that other is insane 5. Guardian of insane 6. Fraud – 5 years after discovery of fraud 7. Force – 5 years after cessation of force 8. Physical incapacity, STD – 5 years from marriage 5 years from the time of discovery of fraud/removal of force, etc. (see above) For Art. 45(2) anytime during lifetime because insanity may occur anytime. ACP or CPG Conceived and born before decree declaring nullity becomes final are legitimate; after, illegitimate Court will decide if without written agreement between parties. Below 7 years old – mother Above 7 years old – children’s choice is taken into consideration; unless choice is unfit
(1) Contracted in ages 18-21 without consent of parents/guardians (2) Either party was of Unsound mind
Petition for legal separation Marriage bonds subsists; separation of bed and board/direct Only the spouses
No legal separation
5 years from occurrence of grounds for legal separation
ACP or CPG Legitimate
During pendency: Apply Art. 49 (custody and support to be provided by the court, taking into account moral and material welfare of children and their choice of parent) After: custody awarded to innocent spouse; take into account Art. 213 – parental authority to be designated by the court, with all relevant considerations, esp. choice of children over 7 (1)
epeated physical abuse of petitioner, common children or petitioner’s children (2) oral/physical pressure to change moral/religious beliefs
ACP or CPG Legitimate
(2) Consent freely given in presence of the solemnizing officer (1) Authority of solemnizing officer Incumbent member of judiciary; priest/rabbi etc. authorized, ship captain/plane chief (AM) military commander (AM), consul general (outside Ph) (2) Valid marriage licenses except for (a) articulo mortis(b) located somewhere with no means of transportation to appear personally (c) living five years without legal impediment Who issues – LCR of habitual residence of either party consular if parties are abroad; contents, see Art. 12 (3) Marriage ceremony in the presence of the solemnizing officer and two witnesses where parties take each other as husband and wife no prescribed form but parties, witnesses, solemnizing officer must appear personally, MC signed
(1) Below 18 even with parental consent (2) Solemnized by person not legally authorized except when
(3) Consent was due to fraud (4) Consent was due to force, intimidation, undue influence (5) Either party was physically incapable of consummating marriage, continuous, incurable (6) Either party afflicted with serious and incurable STD (7) Reappearance of presumptively absent/dead spouse
(3)
ttempt to induce petitioner or children to prostitution or connivance in such act (4) inal judgment – more than six years even if pardoned (5) rug addiction, habitual alcoholism (6) esbianism or homosexuality (7) (Subsequent) igamous marriage (8) exual infidelity or perversion (9) ttempt at life (10) bandonment without justifiable cause (11) dultery or concubinage (12) ttempt at life
In cases under 1-4, unlessafter reaching21,comingtoreason, discoveryoffraud,cessationofFUI, freelycohabitated
Based on Art. 46: nondisclosure/concealment of (a) conviction of crime involving moral turpitude, (b) prior pregnancy with person not the husband (c) STD, regardless of nature, existing at time of marriage (d) Addiction, habitual alcoholism, homosexuality/lesbianism
Declaration of presumptive may be had for purposes of contracting subsequent marriage after 4 years (normal circumstance); 2 years (in danger of death); must be done in good faith!!! Effectsofreappearance,goodfaith: - children legitimate before reappearance - ACP or CPG liquidated and dissolved - donations by reason of marriage valid Effectsofreappearanceifbadfaith
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(3) (4)
(5) (6)
contracted with good faith that he has authority No marriage license (but with exceptions) Bigamous, polygamous (except presumptively absent) With mistake as to identity Did not comply with Art. 53 or did not record decree of nullity, partition etc. of previous marriage before contracting another one
(7) Psychologically incapacitated (8) Incestuous marriages – ascendants and descendants; between full and half siblings (9) Void under public policy – 4th degree collateral blood relatives, stepparents/step-children, parents-inlaw/children-in-law; adopted parents/children; surviving spouse of adopter/adopted child, adopted and legitimate children, adopted children of same adopter, person who killed spouse with intention to marry another
- share in ACP/CPG of guilty spouse will be forfeited in favour of the common children, guilty spouse’s children, innocent spouse - donations by reason of marriage invalid - innocent spouse may revoke designation as beneficiary even if irrevocable insurance policy - guilty spouse cannot inherit by testate/intestate
(10) Subsequent marriages contracted in bad faith thru presumptive death Cannot be ratified Without parental consent; unsound mind, fraud, force, undue influence, intimidation – by freely cohabitating; note that the party who was in unsound mind is the one who needs to ratify because he was the one who was not totally free when he gave consent
Not possible, void from beginning
condonation connivance between spouses (example both prostituted their child o.o ) consent collusion (agreed to be legally separated) recrimination (both have dirty hands, each party is guilty of one ground) prescription (5 years)
Physical incapacity and STD because incurable By cohabitating freely except in the case of physical incapacity and STD
(1) If action for LS still pending – shall be terminated at any stage (2) If previously granted – decree is set aside but separation of property and forfeiture of share of guilty spouse subsists unless they agree to revive former regime
