Article 35 of the Family Code

Question 1

What is Article 35 of the FAMILY CODE?

Answer 1

ARTICLE 35 – The following marriages shall be void from the beginning

1. ^{Those contracted by any party <u>below 18 years of age</u> even with the consent of parents and guardians}
2. ^{Those <u>solemnized by any person not legally authorized</u> to perform marriages <strong>unless</strong> such marriages were contracted with <em>either or both parties believing in good faith</em> that the solemnizing officer had the legal authority to do so;}
3. ^{Those <u>solemnized without a license</u>, except those covered by the preceding chapter;}
4. ^{Those <u>bigamous or polygamous marriages not falling under Article 41;</u>}
5. ^{Those <u>contracted through mistake</u> of some contracting party as to the identity of the other; and}
6. ^{Those <u>subsequent marriages that are <strong>void under Article 53</strong></u>}

Question 2

What are VOID marraiges? What are it’s characteristics?

Answer 2

VOID MARRIAGE

• Invalid even from the beginning
• As if there was never any marriage from the start
• Only marriages declared void by the legislature are treated as such

Question 3

Can Grounds for a VOID marrige co-exist in one Cause of Action?

Answer 3

YES.

Grounds for a void marriage may co-exist in one cause of action

Declaration of Nullity.

_{Ex: Person may petition for ONE cause of action on grounds that she was under-age AND did not have a license when she married.}

Question 4

What is a VOIDABLE marriage?

Answer 4

VOIDABLE MARRIAGE:

A Marriage that was valid from the start until it was terminated (annulled)

Question 5

What are the DIFFERENCES OF VOID AND VOIDABLE marriages?

Answer 5

Question 6

MALLION V. ALCANTARA (IMPT CASE EX)

FACTS

After being denied his first petition for nullity based on psychological incapacity, Mallion filed another based on absence of marriage license.

ISSUE

W/N Mallion’s 2nd case will prosper.

Answer 6

HELD

• SC denied the 2nd petition. Mallion supposedly violated the splitting cause-of-action rule, wherein he should have filed the 2nd ground along with the first one.
• Because of res judicata, it is assumed that the absence of the second ground in the first case implies it was VALID, and therefore, the marriage is held still VALID.

Sir Mel’s opinion:

^{The SC gave an invalid marriage ratification because they focused too much on procedure. This undermines the essence of marriage w/c the state has vested interest. <strong>THE DECISION WAS WRONG</strong>.}

Question 7

Is Good Faith or Bad Faith MATERIAL in CURING the invalidity of MARRIAGE?

Answer 7

• BAD FAITH and GOOD FAITH is IMMATERIAL in curing the invalidity of marriages.

2 EXCPETIONS:

1. Parties were in GF when they believed the SO was of correct authority.
2. Article 41 – If the following happen:

• Spouse missing for 4 years
• Spouse missing for 2 years with danger of death

Injured spouse can remarry, provided that:

• Procures judicial declaration for nullity
• Marriage was in good faith (either party)
• Reasonable belief that 1st spouse is dead or gone

Question 8

What is the General Rule in Property Division?

What if in Void Marriage dealt due to BAD FAITH?

Answer 8

1. General rule for void marriages is co-ownership
2. BAD FAITH IN PROPERTY DIVISION of a VOID Marriage:

• If one party is in bad faith, share goes to
  
  • common children > Surviving descendants > GF spouse

Question 9

What is the Difference between COLLATERAL ATTACK and DIRECT ATTACK?

Answer 9

COLLATERAL ATTACK

• ^{Nullity of marriage can be asserted even if it is not the main issue}
• ^{Any proof to show nullity can be used, don’t need declaration}

DIRECT ATTACK

• ^{Filing a case where the nullity is the main issue}
• ^{Purpose is to assert or assail validity of marriage}

3 Instances where DECLARATION is required:

• Remarriage
• Case-to-case where it is impt.
• Donor desires to revoke donation

Question 10

What are the GROUNDS FOR VOID MARRIAGES?

Answer 10

1. BELOW 18 YEARS OLD - Even with parental consent, it is VOID.

2. NON-AUTHORITY OF SOLEMNIZING OFFICER

Only recognize marriages that are solemnized by ecclesiastical/civil officer

GF MARRIAGE: Valid if they thought person was authorized

• ^{Putative Marriage – Solemnized in good form and faith but has legal infirmity that makes it void or voidable}
• ^{Puno and Caguioa said that sometimes it’s really not their fault and that the law is to prevent males from deceiving girls}

3. NO MARRIAGE LICENSE – it is a formal requisite; it is REQUIRED
4. BIGAMOUS OR POLYGAMOUS - A married person CANNOT contract another marriage.

• ^{Subsequent marriages of this nature are VOID}
• ^{Exception: Muslim Code + Article 41}
• ^{To remarry, need declaration of nullity}

5. MISTAKE IN IDENTITY - It is an instance of fraud that makes a marriage annullable. Under NEW FAMILY CODE, it is now grounds for nullity.

ANULLABLE OR VOID - ^{Refers to mistake in PHYSICAL IDENTITY. Not annullable or void – wrong name, physical appearance, character, religion or age, etc.}

6. VOID UNDER ARTICLE 53 – to marry again, parties must:

• ^{Undertake liquidation, partition, and distribution of properties + delivery of children’s presumptive legitimes}
• ^{Decree of annulment or nullity}
• ^{Record in LCR and Registries of property}