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Family Code Midterm Review > Family Code Articles 35 to 54 - VOID and VOIDABLE Marriages. > Flashcards

Family Code Articles 35 to 54 - VOID and VOIDABLE Marriages. Flashcards

Understand the Family Code to apply it in actual cases.

1
Q

Persons and Family Relations

What is a VOID marriage?

A

Marriages that are 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

General Rule:

  • Absence of any of the essential or formal requisites makes a marriage void;
  • *Exceptions:**
    a. Marriages exempt from license requirement
    b. Solemnizing officer was not legally authorized to perform marriage,

but either or both of the parties believed in good faith that the

solemnizing officer had the legal authority to do so

  • Arts. 35, 36, 37, 38, 40, 41, 44, 45, 53 in relation to 52

Only marriages declared void by the legislature should be treated as such. There can be no other void marriages outside of those specifically provided by law.

  • *Example:**
    1. A court appointed guardian & his/her ward can marry each other.
  1. Stepbrothers & stepsisters can validly marry each other.

<strong>Note: The JDN becomes final after the lapse of 15 days from the receipt of the parties of the decree & there is no appeal filed. Thus, if after only 2 days from receipt of the JDN on the basis of Art. 36, the parties whose marriage was the subject of nullification, met & had sex w/c resulted in the conception of the child, the said child shall be considered LEGITIMATE after birth.</strong>

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2
Q

Persons and Family Relations

When is a Marriage VOID ab intio?

enumerate.

A

The following marriages shall be void from the beginning:

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

Persons and Family Relations

Can grounds for a VOID marriage co-exist in ONE cause of action?

A

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.

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4
Q

Persons and Family Relations

What is a VOIDABLE marriage?

A

VOIDABLE MARRIAGE – marriage was valid from the start until it was terminated (annulled)

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5
Q

Persons and Family Relations

What are the differences between a VOID and VOIDABLE Marriage?

enumerate.

A
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6
Q

Persons and Family Relations

IMPORTANT CASE STUDY: Mallion v. Alcantara (2006)

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.

WILL IT?

A

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 which the state has vested interest. THE DECISION WAS WRONG.

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7
Q

Persons and Family Relations

Is GOOD FAITH or BAD FAITH material in CURING the invalidity of MARRIAGES? (VOID Marriages)

What is the General Rule?

What are the Exceptions?

A

General Rule:

  • GF & BF are immaterial in determining whether or not a marriage is null & void.

Exceptions:

Art. 35(2) - If either of the contracting parties is in GF in believing that a solemnizing officer has authority to solemnize a marriage though s/he actually has none, the marriage will be considered valid.

Art. 41 – A person whose spouse disappears for 4 or 2 years, in the proper cases, the present spouse may validly marry again if s/he:

  • Has a well-founded belief that his/her spouse is dead
  • Procures a judicial declaration of presumptive death
  • At the time of the subsequent marriage ceremony, is in GOOD FAITH together w/ the subsequent spouse

Otherwise, the subsequent marriage shall be considered void.

  • The GF even of only 1 of the contracting parties shall make the marriage valid.
  • To be void, both of the contracting parties must be in BF.
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8
Q

Persons and Family Relations

CASE STUDY: Chi Ming Tsoi v. CA

  • The action to declare a marriage void may be filed by either party, even the psychologically incapacitated one.
A
  • The equitable doctrine of unclean hands where the court should not grant relief to the wrongdoer is NOT a rule as applied in nullity actions because it is merely judge-made and has no statutory basis.
  • Significantly, while the FC generally refers to an “injured party” in annullable/voidable marriages, it does not make any statutory reference to an “injured party” in null & void marriages.
  • But the party who knew that s/he was entering a void marriage before its solemnization may be held liable for damages by the other contracting party under Arts. 19, 20 & 21.
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9
Q

Persons and Family Relations

Does GOOD FAITH / BAD FAITH affect Property disposition in a VOID marriage?

A
  • YES, it does.
  • in determining the disposition of properties in a void marriage, GF & BF of 1 of the parties at the time of the marriage ceremony is material
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10
Q

Persons and Family Relations

CASE Study. De Castro v. Assidao-De Castro (2008)

  • Petitioner filed a complaint for support against her husband to compel the latter to support their child.
  • The husband defense was that they were not married anymore.

Was the Complaint for Support granted?

A

RULING:

  • The SC ruled that while the case was about support, the lower court can make a declaration that the marriage was void to determine the rights of the child to be supported.
  • The SC rejected the contention that a separate case for judicial declaration of nullity must be filed 1st before the lower court, in a case for support, can rule that the marriage was void.
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11
Q

Persons and Family Relations

REVIEW:

Marriages thare are VOID.

Enumerate and explain the 6.

A
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12
Q

Persons and Family Relations

What is a Putative Marriage?

A
  • A matrimonial union w/c has been solemnized in due form & Good Faith on the part of 1 or both of the parties but w/c by reason of some legal infirmity is either void or voidable.
  • The essential basis of such marriage is the belief that it is valid.
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13
Q

Persons and Family Relations

What is the General Rule when it comes to VOID MARRIAGES in terms of the PROPERTY REGIME?

A

General Rule:

  • In void marriages, the property regime is CO-OWNERSHIP. Thus, if only 1 of the parties is in good faith:
    • The share of the party in BF in the co-ownership shall be forfeited in favor of their common children.
  • In case of default/waiver by any or all of the common children or their descendents, each vacant share shall belong to the respective surviving descendants.
    • In the absence of descendants, such share shall belong to the innocent party
  • FORFEITURE shall take place upon the TERMINATION OF THE COHABITATION.

Exceptions:

  • Subsequent void marriage due to the failure of a party to get a prior judicial declaration of nullity of the previous void marriage pursuant to Art. 40 of the FC.
  • Art. 43(2) will apply. The property regime is ACP/CPG.
    1. The share of the party in BF in the net profits of the ACP/CPG shall be forfeited in favor of the common children.
    2. In the absence of common children, it shall be forfeited in favor of the children of the guilty spouse by previous marriage.
    3. In default of children, it shall be forfeited in favor of the innocent spouse.
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14
Q

Persons and Family Relations

Can VOID marriages be attacked COLLATERALLY?

What’s the GENERAL RULE?

What are the exceptions?

A

General Rule:

  • Void marriages may be attacked collaterally.

Exception:

(where direct attack on the nullity of the marriage must 1st be taken so that proper effects provided by law can appropriately apply):

Art. 40 - for purposes of remarriage ; if a person has a void marriage & s/he wants to remarry, s/he must 1st file a civil case precisely to obtain a judicial declaration of the nullity of the 1st marriage before s/he can remarry

Art. 50 - revocation of donation propter nuptias; if a donor decides to revoke donation propter nuptias given to 1 or both spouses on the ground that the marriage is void, it is necessary that a judicial declaration of nullity of marriage 1st be obtained

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15
Q

Persons and Family Relations

Explain Ignorance of the law.

A
  • If the contracting parties go before a person not specifically mentioned by law as having any authority to solemnize a marriage; the GF/BF of the parties is immaterial because they cannot be excused from being ignorant of the persons authorized by law to solemnize marriage.
  • Ignorance of the law excuses no one from compliance therewith. (art3CC)
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16
Q

Persons and Family Relations

Explain Mistake of Fact.

A
  • If the contracting parties go before a person stated by law as qualified to solemnize a marriage but in fact is not because of the non-fulfillment of a requirement by law, then the GF of the parties in believing that the solemnizer had authority is material.
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17
Q

Persons and Family Relations

What is ARTICLE 36 of the Family Code?

A
  • A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227)
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18
Q

Persons and Family Relations

How is Psychological Incapacity characterized?

A

Psychological incapacity must be characterized by:

1. Root cause

2. Juridical antecedence

3. Gravity

4. Incurability

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19
Q

Persons and Family Relations

Q: Why is “insanity” a ground for voidable marriage, while “psychological incapacity” is a ground for void ab initio marriages?

A

A: Insanity is curable & there are lucid intervals, while psychological incapacity is not. (Justice Caguioa)

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20
Q

Persons and Family Relations

Define Psychological Incapacity.

A
  • No definition; courts define on case-to-case basis
  • Depends on the facts of the case
  • A code should not have many definitions as it would constrict the concept – one case would be excluded by another definition

Not to be confused with INSANITY – total mental inability to function in all aspects of life.

  • We only refer to PSYCH. INCAPACITY “to comply with the essential marital obligations.”
  • Incapacity prevents them from performing their marital duties
  • Constant senseless refusal to comply with obligations even if one is physically capable to

<strong>Ex: Person can be super effective in professional life but prioritizes such over family matters</strong>

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21
Q

Persons and Family Relations

Is Psychological Incapacity similar or synoymous to insanity?

A
  • Psychological incapacity SHOULD NOT BE confused with INSANITY (total mental inability to function in all aspects of life)
  • We only refer to PSYCH. INCAPACITY “to comply with the essential marital obligations.”
  • Incapacity prevents them from performing their marital duties
  • Constant senseless refusal to comply with obligations even if one is physically capable to

<em>Ex: Person can be super effective in professional life but prioritizes such over family matters.</em>

  • The incapacity must exist at the time of the marriage ceremony but can also manifest during marriage.
  • Since it is ground for nullity, it CANNOT be cured

Cohabitation and rearing of children will not cure the void marriage

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22
Q

Persons and Family Relations

CASE: SANTOS V. COA & BEDIA-SANTOS

FACTS

  • Leouel was a lieutenant who married Julia in Iloilo on September 20, 1986. Their love was shaky because Julia’s parents were always meddling in their affairs, which would be a subject of their fights. Julia leaves for the U.S. on May 1988. 7 months later, Julia calls Leouel for the first time and promises to return home upon expiration of her contract in July 1989. Leouel files for nullity of marriage as her behavior constitutes refusal to perform marital duties. Julia responds and says that it was he who was incapable since he was always in the army. She refused to submit evidence or appear in court.

ISSUES

W/N Leouel’s petition for declaration of nullity will be accepted.

Will it?

A

Nope.

HELD

  • The RTC and the COA denied his petition for lack of merit. The SC denied the petition as the problem was not close to the definition of psychological incapacity which they came up based on the facts of the case.
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23
Q

Persons and Family Relations

Where did the framers LIFT the particular ground of Nullity stated in article 36, psychological incapacity?

A

Lifted from Canon 1095

They are incapable of contracting marriage:

  • Who lack sufficient use of reason.
  • Who suffer from grave defect of discretion of judgment concerning martrimonial duties.
  • For causes of psychological nature are unable to assume the essential marital obligations.
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24
Q

Persons and Family Relations

in the BOOK: CANONS AND COMMENTARIES ON MARRIAGE BY GRAMUNT, HERVADA, WAUCK,

what did INCAPACITY refer to?

A

The INCAPACITY refers to

  • Inability to commit oneself to the essentials of marriage – consists of real inability to render what is due by contract
  • Inability to commit oneself must refer to the essential obligations of marriage
  • Tantamount to psychological abnormality – mere difficulty to assume obligations is not counted (can be overcome with normal effort

Must be proven that the person was indeed deprived of the ability to assume marital obligations

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25
Q

Persons and Family Relations

How is Psychological Incapacity characterized?

A

Psych incapacity must be characterized by:

  1. Gravity
  2. Juridical Antecedence
  3. Incurability
  • Incapacity must be grave/serious that the party is unable to carry out ordinary duties required in marriage.
  • Rooted in history of party w/c can manifest only after marriage.
  • Incurable beyond the control of the person.
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26
Q

Persons and Family Relations

Based on all deliberations of the framers of the family code on ARTICLE 36, Psychological Incapacity, they concluded what?

A
  • Incapacity should not include simple psychoses like low intelligence, immaturity, etc.
  • Must stand with existing precepts of marriage law
  • REALLY JUST refers to inability to assume basic marital obligations such as mutual love, respect, rendering help and support.. etc.
  • (basically, can’t comply with ART68 of the FC)
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27
Q

Persons and Family Relations

What does Article 36 constitutionally attempt to PROTECT?

A
  • Article 36 is considered as the code which protects the constitutional right of marital life.
  • Aimed to defend against marriages that are not equipped to promote FAMILY LIFE.
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28
Q

Persons and Family Relations

How does one PROVE psychological incapacity?

A

PROVING PSYCHLOGICAL INCAPACITY

  • Psychosomatic – can only be proven by external manifestations
  • Indicators must be clearly alleged in court
    • Does the spouse observe love and care for the other and the children?
    • Articles 220, 221, etc. dictate the duties of parents – failure of such is a good indicator of incapacity
  • There must be a supervening disabling factor (not just mere refusal or neglect)

Nationality is IMMATERIAL.

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29
Q

Persons and Family Relations

REVIEW: characteristics of Psychological Incapacity?

A

Psychological incapacity must be characterized by:

1. Root cause

2. Juridical antecedence

3. Gravity

4. Incurability

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30
Q

Persons and Family Relations

GIVE some EXAMPLES of Psychological Incapacity.

A

EXAMPLES OF PSYCHOLOGICAL INCAPACITY

  • Constant senseless refusal to perform marital obligations even if capable of so.
  • Unreasonable attachment to original family and barkada
  • Breakdown of family life due to separation
  • Separation itself is NOT a ground, nor is sexual infidelity or adulterous life
  • Incapacity attributed to psychological illness that is not merely physical
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31
Q

Persons and Family Relations

Give some examples of when it is NOT psychological Incapacity.

A

EXAMPLES OF NOT INCAPACITY

  • Simple neglect and refusal
  • Separation or abandonment, alone
  • Sexual infidelity or adulterous living
  • Physical illness
  • Mere incompatibility or differences
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32
Q

Persons and Family Relations

CASE: TE V. TE

FACTS:

  • Relationship had only lasted 6 months. Petitioner fell under dependent personality disorder, while respondent was narcissistic and antisocial.

ISSUE:

W/N such disorders are grounds for psychological incapacity (making it void).

is it?

A

Yes.

HELD:

  • Court must consider as evidence the expert opinion on the disorders in deciding such cases. The marriage was held VOID. Petitioner is unable to make decisions on his own while wife’s tendency to control and blame others could harm rearing of children.
33
Q

Persons and Family Relations

CASE: TING v. TING

FACTS

Both petitioner and respondent had a psychiatrist.

ISSUES

W/N the court should follow the psych of the petitioner or the respondent.

Should they?

A

HELD:

  • Court followed the respondent’s psychiatrist as he was able to expand his findings in proving that the respondent was not incapacitated by consulting another psychiatrist and studying a behavioral pattern to formulate a running account of the respondent’s life.
  • The petitioner’s psych, however, only used isolated events and generalized findings based on basic findings.
  • The petition for declaration of nullity was DENIED.
  • *In Rumbawa v Rumbawa, court also held findings very general and denied nullity.**
  • *In Najera v. Najera, the findings were not conducive to the totality of marriage and was thus ignored. **
34
Q

Persons and Family Relations

What jurisprudential guidelines need to be followed in proving Psychological Incapacity?

Enumerate.

(8)

A

1. PLAINTIFF has burden to prove nullity

  • Any doubt to such claim is in favor of the continuation of marriage
  • Church and state cherish value of union

2. Root cause of incapacity must be:

  1. Medically/Clinically identified
  2. Alleged in the complaint
  3. Sufficiently proven by experts
  4. Clearly explained in decision

** Must be PSYCHOLOGICAL although manifestations can be physical; to extent that party couldn’t have known what he was consenting to.

3. Incapacity exists at time of celebration

  • Show that it existed at the time they said “I do”
  • Manifestation need not be perceivable; illness itself must’ve attached at that moment

4. Clinically permanent or incurable

  • can be relative only to the spouse, not necessarily to other people
  • relevant to marital obligations.

5. Grave enough to bring about disability of party to assume marital obligations.

  • Mild character peculiarities, mood changes, emotional outbursts NOT counted
  • Must show downright incapacity – not refusal, neglect, difficulty or ill-will

6. Obligations according to Article 68-71 (Plus 220, 221, 225)

  • refers to being parents and taking care of children

7. Interpretations by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines (NAMTCC) should be given respect.

  • What is declared void by the church is also void in the eyes of the state
  • Maintain separation of church and state BUT in marriage it will agree

8. Trial court must order the prosecuting attorney to appear as counsel for the state.

35
Q

Persons and Family Relations

Are marriages between family members, or incestuous marriages VALID?

A

NO! NO! NO!

  • 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.

(Art. 37)

36
Q

Persons and Family Relations

WHY are incestious marriages INVALID or PROHIBITED?

A
  • Universally condemned as indecent and immoral
  • Abhorrent in nature; barbarous
  • Confusion of rights and duties in family relations
  • Child born of incest creates problem of social placement
  • Roles of father-daughter, mother-son are ruined
  • Children of such relations are born deficient w/c contribute to deterioration of race

Social and Psychological problems

Incest prohibition regulates erotic desire that control sex desires within the family unit AND prepares individual for familial responsibility to ready person for creation of his/her own nuclear family

37
Q

Persons and Family Relations

What kind of Marriages ar VOID ab initio for Reasons of Public Policy?

A

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 4th 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 parents 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 the adopted children of the same adopter
  9. Between parties where one, with the intention to marry the other, killed that other person’s spouse or his or her own spouse.
38
Q

Persons and Family Relations

What about marriages that aren’t mentioned in the Family Code?

A

Only those mentioned in the Family Code are invalid marriages

example:

Guardian and ward can validly marry since not part of the enumeration

39
Q

Persons and Family Relations

Is there a time limit / prescriptive period to the ACTION of DEFENSE in declaring VOID a marriage?

A

NOPE.

The action or defense for the declaration of absolute nullity of a marriage shall not prescribe. - ART39

(As amended by Executive Order 227 and Republic Act No. 8533; The phrase “However, in case of marriage celebrated before the effectivity of this Code and falling under Article 36, such action or defense shall prescribe in ten years after this Code shall taken effect” has been deleted by Republic Act No. 8533[Approved February 23, 1998]).

40
Q

Persons and Family Relations

What is a Judicial Declaration of Nullity of Marriage Decree?

A
  • A JD of Marriage Decree is merely declaration/confirmation of the voidness, non-existence, or incipient invalidity of a marriage
41
Q

Persons and Family Relations

WHAT is a PRESCRIPTIVE period?

A

Prescriptive Period

  • the time w/in w/c to file an action for the declaration of nullity of a marriage or to invoke such nullity as a defense, whether in a direct or collateral manner, DOES NOT PRESCRIBE.
  • means no time limit.
42
Q

Persons and Family Relations

CASE: Ninal v. Bayadog (2000)

The petition for the declaration of nullity of marriage was filed by the children of the deceased contracting party only after the latter’s death.

What did the SC Rule?

A
  • The SC ruled that such a petition can still proceed.
  • The SC justified its decision by stating that a void marriage is considered as having never to have taken place & will be treated as nonexistent.
  • The petition is imprescriptible & can be filed by the children even after the death of the contracting party who was their father.
  • WHIS WAS A WRONG RULING.

SC EN BANC RESOLUTION – AM NO. 02-11-10 (15 MARCH 2003)

  • Repealed the Ninal Ruling!!!
43
Q

Persons and Family Relations

What precedence was set in the Carlos v. Sandoval (2008) case?

A
  • ONLY THE HUSBAND & WIFE can file the case, and if filed, the case will be closed or terminated if during its pendency, either the husband or wife should die

Note:

A void marriage can still be collaterally attacked by any interested party in any proceeding where the determination of the validity of the marriage is necessary to give rise to certain rights or negate certain rights.

(e.g. an intestate proceeding where certain heirs can attack the validity of the marriage of the deceased parent so that the children of the deceased parent can be considered illegitimate for purposes of inheritance)

44
Q

Persons and Family Relations

What precendence was set/used in Enrico v. Heirs of Medinaceli (2007)?

A
  • The HEIRS CAN NO LONGER file a case for the nullity of the marriage of their parents, or of their parent w/ their step parent. Neither can the parents file a case for nullity in relation the marriage of their children.

Note:

A void marriage can still be collaterally attacked by any interested party in any proceeding where the determination of the validity of the marriage is necessary to give rise to certain rights or negate certain rights.

(e.g. an intestate proceeding where certain heirs can attack the validity of the marriage of the deceased parent so that the children of the deceased parent can be considered illegitimate for purposes of inheritance)

45
Q

Persons and Family Relations

Can one invoke ABSOLUTE nullity of a marriage for the purpose of remarrying?

A

YES.

  • The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.
    (ART40)
46
Q

Persons and Family Relations

**Is a JUDICIAL DECLARATION OF NULLITY required before contracting another marriage?

is it absolutely necessary?**

Whats its purpose?

A

Judicial Declaration of Nullity (JDN)

  • If a marriage bet. 2 contracting parties is void ab initio, any 1 of them cannot contract a subsequent valid marriage w/o a previous judicial declaration of nullity of the previous void marriage.
  • However, even if the 1st marriage is judicially declared void, any subsequent marriage may still be declared void because of failure to comply w/ Arts. 52-53.

Purpose:

to do away w/ any continuing uncertainty on the status of the 2nd marriage

47
Q

Persons and Family Relations

Does non-compliance with ARTICLE 40 constitute BIGAMY in CIVIL and CRIMINAL law?

A
  • Non­-compliance with Article 40 DOES NOT institute Bigamy in Civil and Criminal law
  • Good faith can be a defense in such

MERCADO v. MERCADO ruling – held that mere non-compliance will constitute bigamy

  • VITUG OPINION – should not be the case because voidness of a marriage should stand alone as a defense in Bigamy w/o declaration
  • Vitug opinion is the CORRECT RULING
48
Q

Persons and Family Relations

Can one contract another marriage while currently in one?

A

GENERALLY, NO. That would be BIGAMY.

  • 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.

(Art. 41.)

49
Q

Persons and Family Relations

What happens if the absent spouse REAPPEARS??

A
  1. The subsequent marriage referred to in the preceding Article shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless:
  • ​there is a judgment annulling the previous marriage or;
  • declaring it void ab initio.
  1. A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed.

Art. 42.

50
Q

Persons and Family Relations

What is the General Rule on BIGAMOUS Marriages?

A

General Rule:

  • A marriage contracted during the lifetime of the 1st spouse is null & void for being bigamous

Exceptions:

  • A “bigamous” marriage may be considered valid if, prior to the subsequent marriage & w/o prejudice to the effect of the reappearance of the other spouse, the present spouse obtains a judicial declaration of presumptive death via a summary proceeding in a court of competent jurisdiction.
51
Q

Persons and Family Relations

What are the RQUISITES of a VALID bigamous Marriage?

A

Requisites of a Valid Bigamous Marriage

  1. The prior spouse has been absent for 4 consecutive years, or 2 consecutive years where there is danger of death
  2. Present spouse had a well-founded belief that the absent spouse is dead
  3. Present spouse institutes a summary proceeding & obtains a judicial
  4. declaration of presumptive death
52
Q

Persons and Family Relations

What is the purpose of a Judicial Declaration of Presumptive Death?

A

Judicial Declaration of Presumptive Death (JDPD)

  • w/o prejudice to the effect of reappearance of the absent souse
  • it is merely a statement to the effect that the prior spouse is merely presumed dead
  • the declared presumption is only prima facie, & can be overthrown by evidence
  • the fact of death is NOT really established
  • it immunizes the present spouse from being charged of bigamy, adultery or concubinage
53
Q

Persons and Family Relations

What is the General Rule on the termination of a Subsequent Marriage? Are there exceptions?

A

Termination of Subsequent Marriage

  • Automatic termination of the subsequent marriage can be obtained by the recording of an affidavit of reappearance of the absent spouse in the civil registry of the residence of the parties to the subsequent marriage

EXCEPTION:

  • there is a judgment annulling the previous marriage or declaring it void ab initio

General Rule:

  • the automatic termination of the subsequent marriage is the ONLY instance where a marriage is terminated EXTRA-JUDICIALLY

EXCEPTION:

  • if the reappearance is disputed, the same shall be subject to JUDICIAL determination

General Rule:

  • The termination of the subsequent marriage is AUTOMATIC upon the recording of the sworn statement in the proper civil registry.

Exception:

  • The automatic termination will be rendered ineffectual if the alleged reappearing spouse is actually an imposter.
  • This is because the termination is w/o prejudice to the outcome of any judicial proceeding questioning such reappearance.
54
Q

Persons and Family Relations

on instances where Article 41 applies, how do you go about the liquidation of PROPERTIES?

A

Liquidation of the Properties of the 1st Marriage

  • if there is NO LIQUIDIATION of the properties of the 1st marriage and the present spouse remarries – the property regime of the subsequent marriage will be complete separation of property
  • if there is LIQUIDIATION of the properties of the 1st marriage & the present souse remarries – the parties may agree in the settlement as to the property regime
55
Q

Persons and Family Relations

What happens when the reappeared absent spouse files a affidavit of reappearance with the LCR of the residence of the parties of the subsequent marriage?

A

Sworn Statement of Reappearance

  • the subsequent marriage is automatically terminated by the recording of the affidavit of reappearance in the civil registry of the residence of the parties to the subsequent marriage.
  • any interested party may file this sworn statement of reappearance.

“Interested Party” includes:

  1. parents
  2. children
  3. present spouse
  4. subsequent spouse of the present spouse
  5. parents & children of the subsequent spouse
56
Q

Persons and Family Relations

What happens if the absent spouse reappears and NO STEPS are taken ti terminate the subsequent marriage ?

What happened in the case of : SSS v. Jarque v. Jarque Vda. De Bailon (2006)

A

SSS v. Jarque v. Jarque Vda. De Bailon (2006)

  • If the absentee reappears, but no step is taken to terminate the subsequent marriage, either by affidavit or court action, such absentee’s mere reappearance, even if made known to the spouses in the subsequent marriage, will NOT terminate such marriage.
  • By fiction of law, s/he must still be regarded as legally an absentee until the subsequent marriage is terminated.

Atty Mel:

The better view is that if the reappearance of the absent spouse is authentic, the JDPD is immediately FUNCTUS OFFICIO.

There mere fact of reappearance renders w/o effect the JDPD creating therefore a valid bigamous marriage prior to the filing of the sworn statement of reappearance.

57
Q

Persons and Family Relations

IS IT POSSIBLE TO HAVE 2 valid marriages at the same time?

A
  • if the reappearing spouse or any interested party does NOT file any sworn statement of reappearance, the subsequent marriage remains validly subsisting, while the 1st marriage is also considered subsisting not having been judicially nullified/annulled
  • But as between the 2 marriages, the law shall protect the 2nd marriage rather than the 1st.

Reason: if indeed the reappearing spouse wants to assert his/her rights, s/he could easily file the affidavit of reappearance to terminate the subsequent marriage.

BTW:

the statutory requirement of the filing of the sworn statement of reappearance serves as the best evidence to show that the State is prepared to return the preference to the 1st marriage & consider it as the only marriage if even 1 of the parties or any interested person so desires

58
Q

Persons and Family Relations

what happens in the termination of a subsequent marriage?

A

The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects:

(1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate;
(2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said 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 are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse;
(3) Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are revoked by operation of law;
(4) 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; and
(5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession.

ART43

59
Q

Persons and Family Relations

What if BOTH SPOUSES in the subsequent marriage acted in BAD FAITH?

A
  • If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab initio and;
  • all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law.

(Art. 44.)

60
Q

Persons and Family Relations

What is the General Rule on the Status of Children?

A

Status of Children

GR:

  • children conceived during the subsequent marriage contemplated in Art. 41 in cases of presumptive death of 1 of the spouses & before termination of the same shall be considered LEGITIMATE;
  • this is so even if 1 of the contracting parties is in bad faith

E:

  • if BOTH spouses were in BAD FAITH in contracting the subsequent marriage, the marriage is void, thus the children are ILLEGITIMATE
61
Q

Persons and Family Relations

DIscuss when:

ONE of the spouses in the subsequent marriage acted in bad faith

Vs.

BOTH of the spouses in subsequent marriage acted in bad faith

A
62
Q

Persons and Family Relations

When can a MARRIAGE be annulled?

A

A marriage may be annulled for any of the following causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;
(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)

(Art. 45.)

63
Q

Persons and Family Relations

What is constitues as FRAUD and are this grounds for annullment?

A

Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:

(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;
(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; or
(4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

  • No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.

Art. 46.

64
Q

Persons and Family Relations

What is the Rule of Triennial Cohabitation?

A

Rule of Triennial Cohabitation – presumption of impotence

  • may arise if the wife remains a virgin for at least 3 years from the time the spouses start cohabiting. The husband must show that he was not impotent during said period & the burden will be on him to overcome the presumption of impotence.
65
Q

Persons and Family Relations

What is the DUTY of the PROSECUTING ATTY or FISCAL assigned to his case of annulment or delcatation of absolut nullity?

A
  • In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to:
  1. prevent collusion between the parties and to;
  2. take care that evidence is not fabricated or suppressed.

In the cases referred to in the preceding paragraph, no judgment shall be based upon a stipulation of facts or confession of judgment.

Art. 48.

66
Q

Persons and Family Relations

What happens TO THE CHILDREN during the pendency of the action in the absence of adequate provisions in a written agreement between spouses?

A
  • During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses, the Court shall provide:
    • for the support of the spouses and the custody and support of their common children.
    • The Court shall give paramount consideration to the moral and material welfare of said children and;
    • their choice of the parent with whom they wish to remain as provided to in Title IX.
    • It shall also provide for appropriate visitation rights of the other parent. (n)

Art. 49.

67
Q

Persons and Family Relations

Discuss the Procedue in Annulement & in decalataion of nullity cases:

If the defendant does not answer?

what happens when the court renders judgement in error?

how does one PROVE their grounds?

are summary proceedings allowed?

A

Procedure in Annulment & In Declaration of Nullity Cases

  • If defendant fails to file an answer s/he cannot be declared in default.
  • If the court erroneously renders a default judgment in an annulment case, this would not prevent the decree from having legal effect. An erroneous judgment is not a void judgment.
  • The court will order the full-blown hearing of the case where the parties must prove their grounds by preponderance of evidence.
  • Summary proceedings are not allowed.
  • Even if the allegations in the petition as to the grounds for annulment are categorically admitted by the respondent, judgment on the pleadings cannot be decreed by the court. The material facts alleged in the complaint shall always be proved.
  • The fiscal shall appear on behalf of the State & investigate whether there is no collusion or the evidence is not fabricated.
68
Q

Persons and Family Relations

What’re the RULES on VISITATION rights?

A

Visitation Rights

GR:while the custody of a child may be awarded to a particular parent, this does not derive the other parent from exercising his/her visitorial rights

E: Unless there is a compelling right to deprive him/her of his right.

Even if a parent has been legally deprived of his/her visitorial rights, this can be reinstated if it can be shown that the grounds for deprivation have become too harsh or are not anymore present.

69
Q

Persons and Family Relations

Who gains custody of the CHILDREN?

A

GR:

The court shall give paramount consideration to the moral & material welfare of the children & their choice of the parent w/ whom they wish to remain.

E:

no child under 7 years old shall be separated from the mother

E to E:

the court finds compelling reasons to order otherwise

70
Q

Persons and Family Relations

What shall be stated in the JUDGEMENT of ANNULMENT or NULLITY?

Can the COURT grant Relief not in relation to the petition?

A

Judgment of Annulment/Nullity Shall state the factual & legal basis for its conclusive disposition.

  • a court cannot grant any relief w/c is not based on the allegation of the petition;
    • unless issues related to the main case were presented w/ objection from any party
  • considering the that the judgment in an annulment/nullity case shall involve the dissolution of the ACP/CPG or the co-ownership of properties, the liquidation, partition, distribution of the same shall be provided for in the said judgment;
    • unless such matters had been adjudicated in previous judicial proceedings or the parties agreed in their marriage settlement executed prior to the marriage that the regime of separation of property governed their marriage
71
Q

Persons and Family Relations

Whats the general rule should the court render judgement;

not in conformity with the allegations in a pleading?

which grants relief which is not based on the pleadings?

A

GR:

should a court render a judgment w/c is not in conformity w/ the allegations in a pleading or w/c grants a relief w/c is not based on the pleadings, the judgment is void.

E:

even if the judgment is void but was not assailed in a MR & not made an issue on appeal, such void judgment shall not be set aside & will continue to be effective

72
Q

Persons and Family Relations

What is the GENERAL RULE on property regimes for VOID marriages?

What if its a void subsequent marriage bec. of non-observance of ART.40?

A

GR:

In cases of void marriages, the property regime shall be governed by the rule on CO-OWNERSHIP provided for in Arts. 147-148. The property regime shall be liquidated pursuant to the ordinary rules on co-ownership pursuant to the NCC, provided they are not contrary to the FC.

E:

In cases of void subsequent marriages as a result of non-observance of Art. 40, = Art. 43, par. 2, 3, 4 & 5 apply. Though the subsequent marriage is void, the property shall be liquidated as if there is a ACP/CPG.

73
Q

Persons and Family Relations

Discuss the entry of Judgment and Decree of Nullity/Annulment.

What happens?

A
  • unless there is an MR or appeal made after the decision, such decision will become final upon the expiration of 15 days from receipt of the parties of the decision.

Upon finality, the Entry of Judgment shall be issued.

  • Subsequently, a Decree of Absolute Nullity of Marriage or Annulment of Marriage shall be issued.
  • The decree shall be the BEST EVIDENCE of nullity/annulment of marriage.
  • The decree will issue only after:
  1. The registrations of the Entry of Judgment in the LCR where:
    * the marriage was recorded, and
    * where the court granting the petition is located
  2. The registration of the approved partition & distribution of properties of the spouses in the registry of properties where the properties are located; if there are many properties located in various places, registration must be made in each of the registries of properties where each property is located
  3. the delivery of the presumptive legitimes

<em><strong>Note: It is the duty of the successional petitioner to send a copy of the final decree of the court to the proper LCRs. It shall be the duty of the clerk of court w/c issued the decree to ascertain whether the same has been registered, & if this has not been done, to send a copy of said decree to the LCR of the city/municipality where the court is located.</strong></em>

74
Q

Persons and Family Relations

What is Presumptive Legitime?

A

Presumptive Legitime

Legitime – that part of the testator’s property w/c he cannot dispose of because the law has reserved it for compulsory heirs.

  • The presumptive legitime shall be computed as of the date of the final judgment of the trial court. The value of the properties already received under the decree shall be considered advances on their legitime.
  • The delivery of the presumptive legitimes will not prejudice the ultimate successional rights of the children accruing upon the death of either/both of the parents.
  • The decree of annulment/nullity shall provide that the presumptive legitimes of the common children shall be delivered to the same in cash, property or sound securities, unless the parties, by mutual agreement judicially approved, had already provided for such matter. The judicial proceeding for the approval of the mutual agreement of the parties shall be summary in nature.
  • <strong>**The common children have legal standing to seek the enforcement of nullity/annulment judgment considering that they are materially affected insofar as the presumptive legitime is concerned.</strong></sub></strong>
  • <strong>**The children’s guardian or trustee of their property may also ask for the enforcement for & on behalf of the children.</strong></sub></strong>
75
Q

Persons and Family Relations

Upon the judgement of annulment or of absolute nullity,

What happens to the partition and distribution of the properties of the spouses?

What about the childrens presumptive legitime?

A

The judgment of annulment or of absolute nullity of the marriage, 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 persons. (Art. 52.)

76
Q

Persons and Family Relations

Can the former spouses contract new marriages?

A
  • Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void. (Art. 53.)
77
Q

Persons and Family Relations

What happens to the legitimacy of the children in cases of annuled marriages under art 36? or 53?

A

Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate.

Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate.

(art54)

78
Q

Persons and Family Relations

What is the PURPOSE of RECORDING in the LCR and registry of property of the judgement?

A

Rule:

  • the recording in the LCR and registry of property of the judgment of annulment/nullity, as well as the delivery of presumptive legitimes are necessary to:
  • *1. Bind 3rd persons
    2. Validly contract a subsequent marriage**
79
Q

Persons and Family Relations

What happens when you fail to comply with the requiements?

A

Effect of Non-compliance:

  • *1. 3rd persons are not bound
    2. any subsequent marriage is null & void
    3. non-issuance of a decree of nullity/annulment**

Family Code Midterm Review (2 decks)

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