Art 37 to 54

Question 1

Art. 37

Answer 1

Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood.

Question 2

Art. 38. (public policy)

Answer 2

The following marriages shall be void from the beginning for reasons of public policy:
(1) Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse.

Question 3

Allowed to marry

Answer 3

1 sister in law and brother in law
2 step brother and step sister
3 guardian and the ward
4 parties who have been convicted of adultery and concubinage
5 adopted and illegitimate child of the adopter
6 adopted and parents or relative of consanguity of the adopter
7 collateral relatives by the half blood

Question 4

what are the views on the termination of marriage on the affinity prohibition?

Answer 4

relationship by affinity is not terminated with the termination of marriage whether there are children or not in the marriage.

The relationship of the marriage is dissolved if one of the spouses dies and the spouse has no living issues or children. It does not cease if there are living issues of children of the marriage and whose veins the blood of parties are co-mingled since the relation of affinity was continued through the medium of issue of the marriage

followed by the Philippines is the CONTINUING AFFINITY VIEW the death of one’s spouse does not terminate the relationship by affinity regardless of whether or not there are children produced under the marriage

Question 5

Marriages Between Step-Brothers and Step-Sister

Answer 5

Prior to the effectivity of the Family Code, step-brothers and stepsisters are prohibited from marrying each other.325 This prohibition, however, was eliminated under the Family Code since they are not related at
all, either by blood or by affinity. Consequently, marriages between stepbrothers and step-sisters are now valid. In the example above, the marriage between C and W is a valid marriage.

Question 6

Subsequent Marriage Without Judicial Declaration of
Nullity of Previous Marriage

Answer 6

Under Article 40 of the Family Code, for purposes of remarriage, there must first be a prior judicial declaration of nullity of a previous marriage, though void, before a party can enter into a second marriage, otherwise, the subsequent marriage is in itself void ab initio.

Question 7

Void Marriages under Article 38(7); Between Adopted
Child and illegitimate Child of the Adopter

Answer 7

the marriage between an adopted child and an illegitimate child of the adopter is a valid marriage.

Question 8

adopted childs prohibited from marrying the
following:

Answer 8

(1) the adopter;
(2) the surviving spouse of the adopter;
(3) the legitimate children of the adopter; and
(4) the other adopted children of the same adopter.

Question 9

adopter is prohibited from
marrying the following:

Answer 9

(1) the adopted child; and
(2) the surviving spouse of the adopted child

Question 10

August 3, 1988

Answer 10

Article 40 is applicable to remarriages entered into after the effectivity of the Family Code on August 3, 1988 regardless of the date of the first marriage.”

Question 11

present state of jurisprudence (wrong)

Answer 11

one must first secure a final judicial declaration of nullity of the previous marriage before he is freed from the marital bond of the previous marriage and that if he fails to secure such judicial declaration of nullity and contracts a second marriage, then the second marriage becomes bigamous.

Question 12

correct jurisprudence

Answer 12

the Family Code does not consider a subsequent marriage entered into in violation of Article 40 as bigamous.

Question 13

for review

Answer 13

In the first place, the Family Code does not consider a subsequent marriage entered into in violation of Article 40 as bigamous. As explained earlier, a marriage which is declared void ab initio under Article 40, in relation to Article 50, is distinct and separate from the marriage declared void under Article 35(4). In other words, a subsequent marriage contracted in violation of Article 40 is not a bigamous marriage under Article 35(4). A contrary interpretation may not be sustained since it will render nugatory the explicit terms of Article 50, which makes applicable paragraph (2) of Article 43 to void marriages under Article 40. Pursuant to Article 50, the effects of the termination of a subsequent marriage under Article 41, specifically those provided in paragraphs (2), (3), (4) and (5) of Article 43, are applicable pro hac vice to void marriages under Article 40. One of such effects is the dissolution of the absolute community or the conjugal partnership, as the case may be. In other words, in a void marriage under Article 40, the property regime of the union is not governed by Article 148 of the Family Code. On the other hand, the property regime of a bigamous marriage under Article 35(4) is governed by Article 148. As explained by the Supreme Court, Article 148 refers to the property regime of bigamous marriages, adulterous relationships, relationships in a state of concubinage, relationships where both man and woman are married to other persons, multiple alliances of the same married man.383 This being the case, it is submitted that the Family Code itself does not classify as bigamous a subsequent marriage contracted in violation of Article 40. Consequently, the ruling of the Supreme Court in Cariño vs. Cariño applying the provisions of Article 148 to a void marriage under Article 40 appears to be erroneous as it contradicts the explicit mandate of Article 43(2), in relation to Article 50.

Question 14

civil law rule

Answer 14

the purpose of the law is to clarify the status of the subsequent marriage as void ab initio

Question 15

Art. 41

Answer 15

A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse

declaration of presumptive death
-four consecutive years and the spouse present had a well-founded belief that the absent spouse was already dead.
-two years - danger of death (provisions of Article 391 of the Civil Code)
(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane;

(2) A person in the armed forces who has taken part in war, and has been missing for four years;

(3) a person who has been in danger of death under other circumstances and his existence has not been known for four years.

Question 16

Exception: Subsequent Bigamous Marriage under Article 41

Answer 16

(a) The prior spouse of the contracting party must have been absent for four consecutive years, or two years where there is danger of death under the circumstances stated in Article 391 of the Civil Code at the time of disappearance;
(b) The spouse present has a well-founded belief that the absent
spouse is already dead; and
(c) There is a judicial declaration of presumptive death of the absentee for which purpose the spouse present can institute a summary proceeding in court to ask for that declaration.

Question 17

Judicial Declaration of Presumptive Death FC vs NC

Answer 17

Under the Family Code, there must be a judicial declaration of presumptive death; otherwise the subsequent marriage is void ab initio for being a bigamous marriage.
Under the Civil Code, however, a judicial declaration of presumptive death is not necessary as long as the prescribed period of absence is met. Thus, if the subsequent marriage took place prior to the effectvity of the Family Code, the same is considered valid notwithstanding the absence of a judicial declaration of presumptive death.

Question 18

Requisites for Declaration of Presumptive Death

Answer 18

Republic vs. Nolasco
(a) That the absent spouse has been missing for four consecutive
years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Article 391, Civil Code;
(b) That the present spouse wishes to remarry;
(c) That the present spouse has a well-founded belief that the
absentee spouse is dead; and
(d) That the present spouse files a summary proceeding for the
declaration of presumptive death of the absentee.

Question 19

reappearance procedure

Answer 19

1. the presumption of death of the absentee is rendered ineffective.
2. affidavit of reappearance of the absentee spouse is required to be recorded in the civil registry of the residence of the parties to the subsequent marriage.
3. if reappearance if not disputed automatic termination of the subsequent marriage
4. resumption of all the rights, obligations and effects of the previous marriage.
5. the subsequent marriage, though contracted during the subsistence of the previous marriage, is exceptionally recognized as valid if both parties thereto did not act in bad faith.

Question 20

effects of reappearance on subsequent spouse

Answer 20

once the termination of the subsequent marriage is “automatic” and without need of judicial intervention, the second spouse (of the spouse present), barring the existence of other impediments, may immediately contract another marriage since the requirements in Article 52 of the Family Code do not apply in the case of extra-judicial termination of the subsequent marriage under Article 41.

Question 21

Who Can File Affidavit of Reappearance

Answer 21

The affidavit of reappearance required in Article 42 may be executed and filed by “any interested person,” and not only by the reappearing spouse.
the second spouse may terminate the marriage by simply recording the required affidavit of reappearance, without prejudice to the fact of reappearance being judicially determined in case such fact is disputed.

Question 22

children under art 41.

Answer 22

• considered legitimate.
  custody and support of such children - the subject of an agreement between the spouses to the subsequent marriage

Question 23

Dissolution and Liquidation of Property Regime art 41

Answer 23

the absolute community or the conjugal partnership, as the case may be, shall be dissolved and liquidated
-bad faith spouse his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children
If no children -

Question 24

Effect on Donation Propter Nuptias art 41

Answer 24

• remain valid.
• if the donee contracted the marriage in bad faith, such donations made to said
  donee are revoked by operation of law.
• if both in bad faith - all donations by reason of marriage are likewise revoked by operation of law

Question 25

Effect on Designation of One Spouse as Beneficiary in
Insurance Policy art 41

Answer 25

bad faith - the innocent spouse has the right to revoke such designation even if the designation be stipulated as irrevocable upon the termination of the subsequent marriage by reason of the recording of the affidavit of
reappearance of the absentee spouse

Question 26

Disqualification to Inherit From Innocent Spouse art 41

Answer 26

• Upon the termination of the subsequent marriage, the parties thereto
  cease to be a legal heir of each other
  bad faith - is also disqualified to inherit from the innocent spouse by testate succession.
  both spouses in bad faith - testamentary dispositions made by one in favor of the other are revoked by operation of law.

Question 27

Where Both Parties Acted In Bad Faith art 41

Answer 27

under the Family Code, if only one of the parties to the subsequent marriage acted in bad faith, whether it is the spouse present or
the other party, the subsequent marriage remains valid

Question 28

It may then be asked, is it possible for the spouse present to contract the marriage in bad faith even if he or she obtains a judicial declaration of presumptive death of the absentee prior to the celebration of
the subsequent marriage?

Answer 28

the existence of a judicial declaration of presumptive death is not a guarantee that the spouse present has acted in good faith in contracting the marriage
- it is possible that after obtaining such declaration, but prior to the celebration of the subsequent marriage, the spouse present will become aware that the absentee is still
alive.
- the law requires that the good faith should last up to the time of the celebration of the subsequent marriage.

Question 29

both parties in bad faith

Answer 29

their marriage is considered bigamous under Article 35 (4) and they shall be liable for the crime of bigamy notwithstanding the existence of the judicial declaration of presumptive death.
- the existence of such judicial declaration does not immunize the parties from liability for the crime of
bigamy.

Question 30

voidable marriage

Answer 30

s considered valid and produces all its civil effects until it is set aside by
final judgment of a competent court in an action for annulment.

Question 31

Annulment

Answer 31

is the judicial or legal process of invalidating a voidable marriage.

Question 32

Characteristics of Voidable Marriages

Answer 32

(1) It is valid until otherwise declared by the court;
(2) In a voidable marriage, the defect which serves as ground for annulment must be in existence at the time of the celebration of the marriage;
(3) A voidable marriage cannot be assailed collaterally except in a direct proceeding;
(4) A voidable marriage can be assailed only during the lifetime of the parties and not after death of either, in which case the parties and their offspring will be left as if the marriage had been perfectly valid;
(5) Only the parties to a voidable marriage can assail it;
(6) The action for annulment is subject to prescription;
(7) The defect in a voidable marriage is generally subject to ratification except for the grounds mentioned in paragraphs (5) and (6) of Article 45, which are not subject to ratification.
**(5) physically incapable of consummating -incurable; or
**(6) sexually-transmissible - incurable.

Question 33

Grounds for Annulment

Answer 33

a. No Parental Consent
b. Unsoundness of Mind
c. Fraud
d. Force, Intimidation or Undue Influence
e. Physical Incapability of Consummating Marriage
f. Sexually-transmissible Disease

Question 34

No Parental Consent

Answer 34

“parental consent” if such party is “below twenty-one.”
- who can give consent - “father, mother, surviving parent or guardian, or persons having legal charge”
- If the father refuses to give his consent to a contemplated marriage where his consent is required, the mother cannot do anything.
IF father is dead then the mother
illegitimate child - mother who must give her consent

Who May File Annulment
(1) by the person whose consent is required (if under 21)
(2) by the party whose parent did not give consent, (if above 21)

Prescriptive Period
(1) by the person whose consent is required - before 21
(2) by the party whose parent did not give consent - within 5 years after reaching 21

Subject to Ratification
- after reaching the age of 21, freely cohabits with the other and both lived together as husband and wife. (only the party whose parent did not give consent is entitled to ratify the marriage)

Question 35

requisites of ratification

Answer 35

(1) the contract should be tainted with a vice which is susceptible of being cured;
(2) the confirmation or ratification should be effected by the person who is entitled to do so under the law;
(3) it should be effected with knowledge of the vice or defect of the contract; and
(4) the cause of the nullity or defect should have already disappeared.

Question 36

Unsoundness of Mind

Answer 36

the mental incapacity of one of the parties must relate specifically to the contract of marriage. The test is whether the party at the time of the marriage was capable of
understanding the nature and consequences of the marriage.

Presumption of Sanity
the burden of proof rests upon him who alleges insanity - by preponderance of
evidence

Who May File Annulment
: (1) any relative or guardian or person having legal charge of the insane; or
(2) the insane spouse during a lucid interval or after regaining sanity

Prescriptive Period
-anytime before the death of either party.

Ratification
- only the insane person, after gaining sanity, to ratify the marriage by freely cohabiting with the sane spouse as husband and wife
- sane party can’t ratify
- if already ratified, annulment due to Unsoundness of Mind can’t prosper because the contract is cleansed of its defect.

Question 37

Fraud

Answer 37

refers to non-disclosure or concealment of some facts deemed
material to the marital relations

Who May File Annulment
can only be filed by the injured party or the party who was not responsible for
the fraud.

Prescriptive Period
within five years after the discovery of the fraud

Ratification
by the injured party by freely cohabiting with the guilty spouse as husband and wife after gaining full knowledge of the facts constituting the fraud

What Constitutes Fraud
Art. 46
(1) non-disclosure of a previous conviction by (a)final judgment of the other party of a (b) crime involving moral turpitude; (contrary to justice, honesty, modesty or good morals.)
(2) concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;
(3) concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; (if disease is serious and appears to be incurable even if not concealed can be a ground for annulment, If the disease is not serious and curable unless concealed by the party-afflicted at the time of marriage.
(4) concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

Question 38

Force, Intimidation or Undue Influence

Answer 38

when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property, or upon the
person or property of his spouse, descendants or ascendants, to give his
consent (only when unlawful threats, lawful threats do not vitiate consent through duress)

Who May File Annulment
by the injured party or the party who was subjected to duress.

Prescriptive Period
filed within five years from the time the force, intimidation or undue influence disappeared or ceased

Ratification
subject to ratification by the injured party by freely cohabiting with the guilty spouse as husband and wife after the disappearance or cessation of force, intimidation or undue influence.

Question 39

Physical Incapability of Consummating Marriage

Answer 39

physical incapacity must have existed, however, at the time of the
celebration of the marriage

What Constitutes Physical Incapability
- incapacity for copulation means act of gratifying sexual desire by union of
sexual organs of two biological entities.
” if the wife remains a virgin after three years of
cohabitation, the husband will be presumed impotent

Requisites:
(1) the incapacity must be existing at the time of the celebration of the marriage;
(2) the same continues up to the time of the filing of the action for annulment; PERMANENT
(3) the same appears to be incurable;
(4) it must be unknown to the other contracting party.
5. The other party must not be impotent

Who May File Annulment
- can only be filed by the injured party - the other party who was not aware of the existence of such incapacity at the time of the marriage and who himself or herself was not suffering from the same incapacity.

Prescriptive Period
- within five (5) years after the celebration of the marriage

“triennial cohabitation,” if the wife remains a virgin after three years of cohabitation, the husband will be presumed impotent, and the burden to overcome such presumption of impotency will be shifted upon him.

Question 40

Sexually-Transmissible Disease

Answer 40

if disease is serious and appears to be incurable even if not concealed can be a ground for annulment, If the disease is not serious and curable but was concealed by the party afflicted at the time of marriage can be a ground for annulment.

Requisites
(1) the sexually-transmissible disease must have existed at the time of the
celebration of the marriage;
(2) it is found to be serious;
(3) it appears to be incurable;
(4) it must be unknown to the other party at the time of the marriage.

Who May File Annulment
the action can only be filed by the injured party - the other party who was not aware of the existence of such disease at the time of the marriage and who himself or herself was not afflicted with a disease of the same nature.

Prescriptive Period
filed within five (5) yearsafter the celebration of the marriage

Not Subject to Ratification
the defect is not subject to ratification, the action for annulment may, however, be barred by prescription

Question 41

Effects of Final Judgment of Annulment

Answer 41

(1) Termination of the marital bond, as if it had never been entered into, but the effects thereof are not totally wiped out.
(2) Since the marriage is considered valid prior to the judgment of annulment, children conceived or born before the judgment of annulment has become final and executory are considered legitimate.
(3) The absolute community property regime538 or the conjugal partnership property regime539 is terminated or dissolved and the same shall be liquidated in accordance with the provisions of Articles 102 and 129, respectively, of the Family Code. If either spouse contracted the marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or if there be none, the children of the guilty spouse by a previous marriage or in default thereof, the innocent spouse.The final judgment in the annulment case must provide for the liquidation, partition and distribution of the properties of the spouses, unless such matters had been adjudicated in previous judicial proceedings.
(4) The final judgment in the annulment case must also provide for the custody and support of the common children and the delivery of the common children’s presumptive legitimes, unless such matters had been adjudicated in previous judicial proceedings.The value of the presumptive legitimes of all common children, computed as of the date of the final judgment of the trial court, shall be delivered in cash, property or sound securities, unless the parties, by mutual agreement judicially approved, had already provided for such matters.The delivery of such presumptive legitimes shall in no way prejudice the ultimate successional rights of the children accruing upon the death of either or both of the parents; but the value of the properties already received under the decree of annulment shall be considered as advances on their legitime.
(5) Donations by reasons of marriage shall remain valid except if the donee contracted the marriage in bad faith, in which case, the donor may revoke the donation.
(6) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable.
(7) The spouse who contracted the marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession.
(8) In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may resume her maiden name and surname. However, she may choose to continue employing her former husband’s surname, unless: (a) the court decrees otherwise, or (b) she or the former husband is married again to another person.
(9) Since the marital bond is terminated, the parties are again free to re-marry but they must comply with the requirements of Article 52, that is, the judgment of annulment, the partition and distribution of the properties of the spouses and the delivery of the children’s presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third
and the subsequent marriage shall be null and void.

Question 42

Procedure in Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages

Answer 42

A.M. No. 02-11-10-SC and A.M. 02-11-12-SC.
Jurisdiction - Family Court
Contents and Form of Petition -
a) the complete facts showing psychological incapacity
“Subsequent to Santos and Molina - The complete facts should allege the physical manifestations, if any, as are indicative of psychological incapacity at the
time of the celebration of the marriage but expert opinion need
not be alleged.
b) names and ages of the common children of the parties and specify the regime governing their property relations, as well as the properties involved.
c) e verified and accompanied by a certification against forum shopping. The verification and certification must be signed personally by the petitioner
d) filed in six copies. The petitioner shall serve a copy of the petition on the Office of the Solicitor General and the Office of the City or Provincial Prosecutor, within five days from the date of its filing and submit to the court proof of such service within the same period. Failure to comply with any of the preceding requirements may be a ground for immediate dismissal of the petition.

Service of Summons
If address is unknown newspaper of general circulation once a week for 2 consecutive weeks

No Motion to Dismiss, No Declaration of Default
- except on the ground of lack of jurisdiction over the subject matter or over the parties
- respondent must file his answer within fifteen days from service of summons - fails to file an answer, the court shall not declare him or her in default

trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly
stating therein his reasons for his agreement or opposition, as the case may be, to the petition.

Pre-trial Stage
1. Pre-trial is mandatory
if petitioner fails to appear personally, the case shall be dismissed unless valid excuse
If the respondent has filed his answer but fails to appear, proceed with the pre-trial and require the public prosecutor to investigate the non-appearance and submit within fifteen days a report to the court if non appearance is due to collusion.
If there is no collusion - public prosecutor to intervene for the State during the trial on the merits to prevent suppression or fabrication of evidence.

Failure to file the pre-trial brief or to comply with its required contents shall have the same effect as failure to appear at the pre-trial.

Prohibited Compromise
: (a) The civil status of persons;
(b) The validity of a marriage or of a legal separation;
(c) Any ground for legal separation;
(d) Future support;
(e) The jurisdiction of courts; and (f) Future legitime.

Decision
- decree of absolute nullity or decree of annulment shall be issued by the court only after compliance with Articles 50 and 51 (partition of properties) of the Family Code
- parties, including the Solicitor General and the public prosecutor, shall be served with copies of the decision personally or by registered mail
if respondent failed to appear in the action, the dispositive part shall be published
once in a newspaper of general circulation.
The decision becomes final upon the expiration of fifteen days from notice to the parties.
if no properties - issue decree
if with properties - observe the procedure prescribed under the Rule on Liquidation,
Partition and Distribution of Properties.

Appeal
No appeal from the decision shall be allowed unless the appellant has filed a motion for reconsideration or new trial within fifteen days from notice of judgment.

Rule on Liquidation, Partition and Distribution of Properties
follow Articles 50 and 51
Failure to comply with the partition and distribution of the properties under Articles 50 and 51 shall render any subsequent marriage by the parties to the previous marriage null and void.

Issuance of Decree
(1) registration of the entry of judgment granting the petition for declaration of nullity or annulment of marriage in the Civil Registry where the marriage was celebrated and in the Civil Registry of the place where the Family Court is located;
(2) registration of the approved partition and distribution of the properties of the spouses, in the proper Register of Deeds where the real properties are located; and
(3) the delivery of the children’s presumptive legitimes in cash, property, or sound
securities.The court shall quote in the Decree the dispositive portion of the judgment entered and attach to the Decree the approved deed of partition.

Question 43

guidelines in the interpretation and application of Art. 48
of the Family Code

Answer 43

(1) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly
stating therein his reasons for his agreement or opposition, as the case may be, to the petition. The Solicitor General, along with the prosecuting attorney, shall submit to the court such certification within fifteen (15) days from the date the case is deemed submitted for resolution of the court. The Solicitor General shall discharge the equivalent function of the defensor vinculi contemplated under Canon 1095.

The prosecuting attorney or fiscal may oppose the application for legal separation or annulment (or declaration of nullity of marriages) through the presentation of his own evidence, if in his opinion, the proof adduced is dubious and fabricated.

Question 44

Registration and Publication of Decree

Answer 44

The prevailing party shall cause the registration of the Decree in the Civil Registry where the marriage was registered, the Civil Registry of the place where the Family Court is situated, and in the National Census and Statistics Office.
- within 30 days from receipt of the copy of the Decree
Failure - the subsequent marriages null and void.

Question 45

Effects of Death of Parties - annulment

Answer 45

party dies at any stage of the proceedings before judgment, the court shall order the case closed and terminated, without prejudice to the settlement of the estate
can’t be filed or prosper once a party dies
If the party dies after the entry of judgment - binding upon the parties and their successors in interest in the settlement of the estate in the regular courts

Question 46

Child Support

Answer 46

common children of the spouses shall be supported from the properties of the absolute community or the conjugal partnership.

determining the amount of provisional support:
(1) the financial resources of the custodial and non-custodial parent and those of the child;
(2) the physical and emotional health of the child and his or her special needs
and aptitudes;
(3) the standard of living the child has been accustomed to;
(4) the non-monetary contributions that the parents will make toward the care and well-being of the child.

Question 47

Child Custody

Answer 47

: (a) the agreement of the parties;
(b) the desire and ability of each parent to foster an open and loving relationship between the child and the other parent;
(c) the child’s health, safety, and welfare;
(d) any history of child or spousal abase by the person seeking custody or who has had any filial relationship with the child, including anyone courting the parent;
(e) the nature and frequency of contact with both parents;
(f) habitual use of alcohol or regulated substances;
(g) marital misconduct;
(h) the most suitable physical, emotional, spiritual, psychological and educational environment;
(i) the preference of the child, if over seven years of age and of
sufficient discernment, unless the parent chosen is unfit.

Question 48

Visitation Rights

Answer 48

Appropriate visitation rights shall be provided to the parent who is
not awarded provisional custody unless found unfit or disqualified by
the court.

Question 49

Hold Departure Order

Answer 49

Pending resolution of the petition, no child of the parties shall be
brought out of the country without prior order from the court.6

Question 50

Order of Protection

Answer 50

(a) to stay away from the home, school, business, or place of employment of the child, other parent or any other party, and to stay away from any other specific place designated by the court;
(b) to refrain from harassing, intimidating, or threatening such child or the other parent or any person to whom custody of the child is awarded;
(c) to refrain from acts of commission or omission that create an unreasonable risk to the health, safety, or welfare of the child;
(d) to permit a parent, or a person entitled to visitation by a court order or a separation agreement, to visit the child at stated periods;
(e) to permit a designated party to enter the residence during a specified period of time in order to take personal belongings not contested in a proceeding pending with the Family Court;
(f) to comply with such other orders as are necessary for the protection of the child.

Question 51

Administration of Common Property

Answer 51

If a spouse without just cause abandons the other or fails to comply with his or her obligations to the family, the court may, upon application of the aggrieved party under oath, issue a provisional order appointing the applicant or a third person as receiver or sole administrator of the common property subject to such precautionary conditions it may impose.

The receiver or administrator may not dispose of or encumber any common property or specific separate property of either spouse without prior authority of the court.
The provisional order issued by the court shall be registered in the proper Register of Deeds and annotated in all titles of properties subject of the receivership or administration.

Question 52

Effect on the Status of Children

Answer 52

children born of void marriages are considered illegitimate those born of void marriages under Articles 36 and 53 of the Family Code, which are exceptionally considered legitimate

Question 53

Effect on Property Relations

Answer 53

in void marriage - property relations during the period of cohabitation is governed by the provisions of Article 147 or 148
Article 147 - unions of parties who are legally capacitated
Article 148 - property regime of bigamous marriages, adulterous relationships, relationships in a state of concubine, relationships where both
man and woman are married to other persons, multiple alliances of the
same married man
Article 40 - applicable is paragraph (2) of Article 43

Question 54

Effect on Donations Propter Nuptias

Answer 54

art 40 - one party is in bad faith - applicable is Art 43(3)
art 41 - both party are in bad faith applicable is art 44

Question 55

Effect on Designation as Irrevocable Beneficiary in Insurance Policy

Answer 55

Article 40 - Art 43(4) apply by the innocent spouse

Question 56

Effect on Right to Inherit

Answer 56

Article 40 - Article 43(5)
Article 44 - testamentary dispositions made by one in
favor of the other are revoked by operation of law.

Question 57

Effect on Parental Authority and Custody of Common
Children

Answer 57

illegitimate
parental authority and custody of their mother

Question 58

Art. 52 - Art. 54.
Requirement of Registration

Answer 58

(1.) Registration of the entry of judgment granting the petition for declaration of nullity or annulment of marriage in the civil registry of the place where the Family Court is located;
(2.) Registration of the approved partition and distribution of the properties of the spouses, in the proper Register of Deeds where the real properties are located;
(3.) The delivery of the children’s presumptive legitimes in cash, property, or sound securities.

Question 59

Art. 55. LEGAL SEPARATION Distinguished from annulment and absolute divorce

Answer 59

Legal separation
marriage bond is not severed
not allowed to remarry
cause after the celebration of the marriage

involves nothing more than the bed-and-board separation of the spouses

in annulment and absolute divorce
the marriage bond is severed or terminated
allowed the parties thereto to remarry
cause before the celebration of the marriage

Question 60

Grounds for legal separation

Answer 60

(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;
(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the petitioner;
(10) Abandonment of petitioner by respondent without justifiable
cause for more than one year.

Question 61

Art. 56. The petition for legal separation shall be denied on any of the following grounds

Answer 61

(1) Where the aggrieved party has condoned the offense or act complained of; after the act
(2) Where the aggrieved party has consented to the commission of the offense or act complained of; before the act
(3) Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation;
(4) Where both parties have given ground for legal separation; Recrimination
(5) Where there is collusion between the parties to obtain the decree of legal separation;
(6) Where the action is barred by prescription.
7. reconciliation

Question 62

Condonation

Answer 62

conditional forgiveness or remission, by a husband or wife, of a matrimonial offense which the other has committed. An implied condition that the party forgiven will abstain from the commission of the like offense thereafter.
A breach of this condition revives the right of suit for the original misconduct.

Question 63

Recrimination

Answer 63

both parties have given ground for legal separation, the
petition for legal separation must be dismissed.
it must be claimed only by the innocent spouse and where both spouses are offenders, a legal separation cannot be claimed by either of them.

Question 64

Prescription Legal Separation Art 55

Answer 64

filed within five years from the time of the occurrence of the cause

Question 65

Effect of Death Legal Separation Art 55

Answer 65

dies at any stage of the proceedings- order the case closed and terminated without prejudice to the settlement of estate
party dies after the entry of judgment - binding upon the parties and their successors in interest in the settlement of the estate in the regular courts

Question 66

Cooling Off Period legal Separation

Answer 66

in no case be tried before six months shall have elapsed
since the filing of the petition
-not applied in violence

Question 67

Art. 60 No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment.

Answer 67

Confession of judgment - usually happens when the defendant appears in court and confesses the right of plaintiff to judgment or files a pleading expressly agreeing to the plaintiff’s demand.
stipulation of facts - occurs when the parties in a suit stipulated on the existence of certain facts and thereafter submits the case for decision based on said stipulation
- if the ground for legal separation can be proven by other evidence independent of such statement, the decree of legal separation may and should be granted, since it would not be based on respondent’s confession

What the law prohibits is a judgment based exclusively or mainly on respondent’s confession.

Question 68

Intervention of State Attorneys legal separation

Answer 68

if no answer is filed by the respondent - order the public prosecutor to investigate whether collusion exists between the parties.

Within one month after receipt of the court order- the public prosecutor shall submit a report to the court on whether the parties are in collusion and serve copies on the parties and their respective counsels, if any.

If the public prosecutor finds that collusion exists, he shall state the basis thereof in his report. The parties shall file their respective comments on the finding of collusion within 10 days from receipt of copy of the report.

The court shall set the report for hearing and if convinced that parties are in collusion, it shall dismiss the petition.

no collusion exists, the court, set the case for pre-trial

the public prosecutor appears for the State at the pre-trial

Question 69

Art. 61.

Answer 69

After the filing of the petition for legal separation, the spouses shall be entitled to live separately from each other.
The court, in the absence of a written agreement between the spouses, shall designate either of them or a third person to administer the absolute community or conjugal partnership property. The administrator appointed by the court shall have the same powers and duties as those of a guardian under the Rules of Court.

Spousal Support.
Child Support
Child Custody
Visitation Rights
Hold Departure Order.
Order of Protection - barangay protection order (BPO) effective for fifteen (15) days, temporary protection order (TPO) effective for thirty (30) days and permanent protection order (PPO) effective until revoked
Administration of Common Property

Question 70

Art. 62.

Answer 70

During the pendency of the action for legal separation, the
provisions of Article 49 shall likewise apply to the support of the spouses
and the custody and support of the common children.

Question 71

Effects of Decree of Legal Separation Art . 63 and 64

Answer 71

[86.1] Right to live separately
[86.2] Dissolution and liquidation of property regime
[86.3] Custody of children - No child under seven years of age shall be separated
from the mother, unless the court finds compelling reasons to order otherwise
[86.4] Disqualification to inherit
[86.5] Revocation of donations
[86.6] Cessation of support - Upon the finality of the decree of legal separation, the obligation of mutual support between the spouses ceases.81 However, the court may,
in its discretion, order the guilty spouse to give support to the innocent one
[86.7] Wife’s use of surname - continue using her name and surname employed before the legal separation

LDS
-live separately
-in the absence of a written agreement between the spouses, shall designate either of them or a third person to administer the absolute community or conjugal partnership property.
-husband has no more right to have sexual relation with the wife

Question 72

Art. 65 to Art. 67 reconciliation

Answer 72

(i) The spouses shall again be entitled to joint custody of their children;
(ii) The offending spouse shall again be entitled to inherit from the innocent spouse by way of intestate succession;
(iii) The provisions in the will of the innocent spouse favoring the offending spouse shall be revived automatically, as if the same had not been revoked;
(iv) Any revocation of donations in favor of the offending spouse, or revocation of the designation of the offending spouse as beneficiary in the innocent spouse’s insurance policy, already effected, shall likewise be set aside, as if the same had not been revoked;
(v) However, the separation of property and any forfeiture of the share of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former property regime

Question 73

Adoption of New Property Regime

Answer 73

The new Rule on Legal Separation appears to allow the spouses, upon reconciliation, to adopt a regime of property relations different from that which they had prior to the filing of the petition for legal separation.95 This rule, however, does not find any support under the Family Code since the latter speaks only of “revival” of the former property
regime of the spouses in case of reconciliation and not an adoption of an altogether different property regime. At any rate, even assuming that the spouses may adopt a new regime of property relations upon reconciliation, it is submitted that they may not adopt either absolute community or conjugal partnership of gains as their new property regime since these two property regimes can only commence at the precise moment that the marriage is celebrated and any stipulation, express or implied, for the commencement of these regimes at any other time shall be void.

Question 74

Allowed to marry

Answer 74

sister in law and brother in law

Question 75

Allowed to marry

Answer 75

sister in law and brother in law

Question 76

what are the affinity views on the termination of marriage?

Answer 76

The first view (the terminated affinity view) holds that relationship by affinity terminates with the dissolution of the marriage either by death or divorce which gave rise to the relationship of affinity between the parties. Under this view, the relationship by affinity is simply coextensive and coexistent with the marriage that produced it. Its duration is indispensably and necessarily determined by the marriage that created it. Thus, it exists only for so long as the marriage subsists, such that the death of a spouse ipso facto ends the relationship by affinity of the surviving spouse to the deceased spouses blood relatives.

followed by the Philippines is the CONTINUING AFFINITY VIEW. maintains that relationship by affinity between the surviving spouse and the kindred of the deceased spouse continues even after the death of the deceased spouse, regardless of whether the marriage produced children or not. Under this view, the relationship by affinity endures even after the dissolution of the marriage that produced it as a result of the death of one of the parties to the said marriage. This view considers that, where statutes have indicated an intent to benefit step-relatives or in-laws, the tie of affinity between these people and their relatives-by-marriage is not to be regarded as terminated upon the death of one of the married parties.

Question 77

Voidable and void marriages are not identical

Answer 77

Voidable
1. valid until otherwise declared by the court
2. can be generally ratified or confirmed by free cohabitation or prescription
3. voidable marriage cannot be assailed collaterally except in a direct proceeding (A collateral attack, also called an indirect attack, is a challenge on the validity of a prior judgment through a new case rather than by a direct appeal.)
4. voidable marriages can be assailed only during the lifetime of the parties and not after death of either, in which case the parties and their offspring will be left as if the
marriage had been perfectly valid.
5. property regime governing voidable marriages is generally conjugal partnership and the children conceived before its annulment are legitimate.
Void
1. void ab initio is considered as having never to have taken place and
2. cannot be the source of rights
3. can never be ratified and is not subject to prescription
4. void marriage can be attacked collaterally
5. void marriages can be questioned even after the death of either party
6. no legal effects except those declared by law concerning the properties of the alleged spouses, regarding co-ownership or ownership through actual joint contribution, and its effect on the children born to such void marriages

Question 78

Art. 59.

Answer 78

No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable

Question 79

Art. 15

Answer 79

Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (

Question 80

Art. 16.

Answer 80

Real property as well as personal property is subject to the law of the country where it is stipulated.

However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found.

Question 81

Art. 17

Answer 81

The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed.

When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution.

Prohibitive laws concerning persons, their acts or property, and those which have, for their object, public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country.