Marriage - Void And Voidable Marriage

Question 0

What is the ruling on the Mallion v. Alcantara case?
(Petitioner, after being denied the nullity of his marriage via a petition based on psych incapacity, subsequently filed another petition based on the absence of VML)

Answer 0

SC dismissed the subsequent case on the ground that the petitioner violated the rule on splitting of a cause of action,that the rule on res judicata applied and that the petitioner waived all defects (e.g. absence of VML) and impliedly admitted the validity of the celebration of marriage.

A case for nullity of marriage involved only one cause of action which was to declare the marriage void. The different grounds for nullity of marriage did not mean different causes of action.

Question 1

What are marriages that are void from the beginning? (exclusive list: declared void by the legislature)

Answer 1

1. Below 18 years of age
2. Solemnized by person not authorized to perform marriages (unless either parties believe in good faith that the solemnizing officer had authority to do so)
3. Solemnized without valid marriage license (w/ exceptions)
4. Bigamous or polygamous marriages
5. Mistake of one contracting party as to the identity of the other
6. Subsequent void marriages

Question 2

Is good /bad faith material in the determining whether or not a marriage is null and void?

Answer 2

No. Marriage will still be void if falling under the specific circumstances even if good faith is invoked. (save for two exceptions)

Question 3

In declaring a marriage void, the State expresses…

Answer 3

It does not consider a union in a void marriage as serving the fundamental purpose of the state of fostering and nurturing a family which is the foundation of society.

Question 4

What are the two exceptions to the general rule that good faith and and bad faith are not relevant in void marriages?

Answer 4

1) Either of the contracting parties is in good faith in believing that the solemnizing officer has authority to solemnize a marriage though he or she actually has none (Art 35(2))
2) When a spouse has a well-founded belief that his spouse is dead for x years (in proper cases), present spouse may validly marry again if he procures a judicial declaration of presumptive death and at the time of the subsequent marriage ceremony, he is in good faith along with the subsequent spouse.
* in both cases, the good faith of only one of the parties will make the marriage valid. To be void, both contracting parties must be in bad faith.

Question 5

As a general rule, what is the property regime governing void marriages?

Answer 5

Co-ownership
(good/bad faith of the parties at the time of the ceremony is material in determining the disposition of properties in avoid marriage)

Question 6

When only one of the parties is in good faith, how will the share of the party in bad faith be disposed of?

Answer 6

Common children, descendants > respective surviving descendants > innocent party (where forfeiture shall take place upon termination of cohabitation)

This rule shall apply to all void marriages EXCEPT to a subsequent void marriage due to failure of a party to get a prior JDN of previous void marriage (Art 40) –> Art 50 will apply, not Art 147/148

Question 7

What does it mean to say that a void marriage can be collaterally attacked?

Answer 7

It means that nullity of marriage can be asserted even if it is not the principal issue. It is not mandatory to produce a judicial declaration of nullity to prove that the marriage is void. Evidence other than a judicial decision declaring said marriage void can be presented to show nullity of marriage.

Question 8

What is a direct attack?

Answer 8

Filing a case precisely putting forth as principal issue the nullity of marriage. It is a suit precisely filed to assail the validity of the marriage.

• in a direct attack, only the h or w can file a case for nullity.

Question 9

Under the Spanish Civil Code, what were the marrying ages and why?

Answer 9

14 years old for male, 12 years old for female – these were the ages considered tone the minimum ages when a female and male can effectively procreate.

During the 1950 Civil Code, marrying ages were changed to 16 years old for male and 14 years old for female.

Question 10

What is a putative marriage?

Answer 10

A matrimonial union which has been solemnized in due form and good faith on the part of one or both parties but which by reason of some legal infirmity is either void or voidable.

Question 11

What is a good faith marriage founded on.

Answer 11

It is founded on the reasonable belief by one or both parties that they were honestly married and that the solemnizing officer had the authority, when in fact he had none.

Good faith is always presumed until the contrary is shown.

Question 12

What is the ground for nullity under Mistake of Identity?

Answer 12

Complete absence of consent, one of the essential requisites of marriage.

(one party did not really intend to marry the other, as the same is not the person he or she actually knew before the marriage.

Question 13

In what situations is mistake of identity as a ground for nullity applicable?

Answer 13

It covers only those situations in which there has been a mistake on the part of the party seeking the nullification of marriage as to the actual physical identity of the other party. As long as it is the SAME PERSON, mistake of identity does not apply.

Question 14

What is Psychological Incapacity?

Answer 14

It is a mental disorder of the most serious type showing the incapability of one or both spouses to comply with the essential marital obligations of love, respect, cohabitation, mutual help and support, trust and commitment. It must be characterized by juridical antecedence, gravity, and incurability and its root causes must be clinically identified or examined.

Question 15

What are the incestuous and void marriages?

Answer 15

1. Between ascendants and descendants of any degree (direct ascending line)
2. Between brothers and sisters, full or half blood

(whether the relationship between the parties is legitimate or illegitimate)

Question 16

What marriages are considered void as being against public policy?

Answer 16

1. Between collateral relatives, up to the fourth civil degree (whether legitimate or illegitimate)
2. Between step-parents and stepchildren
3. Between parents-in-law and children-in-law
4. Between adopting parent and adopted child
5. Between surviving spouse of adopting parent and adopted child
6. Between surviving spouse of adopted child and adopter
7. Between adopted child and legitimate child of adopter
8. Between adopted children of the same adopter
9. Between parties where one, with the intention to marry the other, killed the other person’s or his own spouse

Question 17

What is the genetic reason for advising against marriage of related persons?

Answer 17

To prevent the coming together in their offspring of any deleterious recessive genes.

Question 18

What is affinity?

Answer 18

It is a connection formed by marriage, which places the husband in the same degree of normal propinquity (nearness of blood) to the relatives of the wife, as that in which she herself stands toward them, and give the wife the same reciprocal connection with the relations of the husband.

Question 19

What are the only marriages by affinity prohibited by the Family Code?

Answer 19

Step-parents and step-children, Parents-in-law and children-in-law

(These marital relationships, if allowed, can most likely destroy the peacefulness of the family relations and also cause disturbance within the family circle) (in keeping with Philippine customs and traditions)

Question 20

When does relationship by affinity terminate?

Answer 20

When the marriage is annulled and nullified, or by death of one of the spouses. However, relationship by affinity is held to continue after the dissolution of the marriage if and so long as there is a surviving issue or children of such marriage.

Question 21

Differentiate a surviving spouse from a former spouse.

Answer 21

Surviving spouse - marriage of spouse to adopter/d was terminated by death of adopter/d (marriage is prohibited!)

Former spouse - after finality of judicial nullity, spouse becomes a complete stranger to the adopter (marriage is allowed!)

Question 22

What is the qualifying factor in the intentional killing of a spouse?

Answer 22

The intention to marry another person. This can be a unilateral intention and need not be shared by the other spouse.

Question 23

What was the prescriptive period to nullify the marriage under Article 36 before the effectivity of the Family Code?

Answer 23

Within 10 years from August 3, 1988 (up to August 1, 1998)

Question 24

Who can file a petition to declare the nullity of a marriage? (direct attack)

Answer 24

Only the husband and wife can file a court case declaring a marriage void. (Supreme Court En Banc Resolution, March 15, 2003)

Question 25

When a previous marriage is held void ab initio and before a spouse can remarry, what needs to be accomplished?

(along with full compliance of Arts 52 and 53 – registration with the LCR of nullity or annulment decree, liquidation, partition and distribution of properties)

Answer 25

A judicial declaration of nullity of the previous marriage. Without which, the subsequent marriage is in itself void ab initio.

Question 26

When is the crime of bigamy committed?

Answer 26

It is committed by any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceeding.

It contemplates a situation where:

• first marriage is valid or at least annullable, and not void from the beginning
• the subsequent marriage would have been valid, had it not been bigamous

*good faith in contracting a marriage is a defense in the crime of bigamy

Question 27

What are the elements of criminal bigamy?

Answer 27

1) the offender has been legally married
2) marriage has not been legally dissolved (death of either spouse/annulment of marriage), or absent spouse cannot be presumed dead
3) offender contracts a second marriage
4) second marriage has all the requisites for validity

Question 28

What is the exception to the rule of Criminal Bigamy?

Answer 28

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, an absence of only two years shall be sufficient.

Question 29

How is the marriage pertained to in Article 41 terminated?

Answer 29

It shall be terminated automatically 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.

Mere appearance will not terminate such subsequent marriage. A sworn statement is needed.

Question 30

Who may file the sworn statement of reappearance of the absentee spouse?

Answer 30

Any interested person (parents, children, subsequent spouse, present spouse) may file the sworn statement in the civil registry of the residence of the parties to the subsequent marriage, with due notice to such parties.

Question 31

What are the requisites of Judicial Declaration of Presumptive Death?

Answer 31

1) Show that the present spouse has been absent for 4 consecutive years
2) Well-founded belief that spouse is dead
3) Where there is danger of death, absence is shortened to 2 years

Question 32

What instances may be placed under Danger of Death?

Answer 32

1) lost vessel during sea voyage
2) missing airplane
3) part of armed forces who was in the war

Question 33

Illustrate the instance where there technically exists 2 VALID MARRIAGES.

Answer 33

If the first spouse reappears but he, she or any interested party does not file an affidavit at the civil registry. In this situation, the State shall continue to protect the SECOND marriage.

Question 34

Define “well-founded belief”.

Answer 34

Search has been conducted WITH SUCH DILIGENCE.

Question 35

What is the effect of the termination of the subsequent marriage contemplated in Articles 41 and 42?

Answer 35

1) Children of the subsequent marriage conceived prior to the termination shall remain legitimate. Their custody and support shall be decided by court in case of dispute.
2) The ACP or CPG shall be dissolved and liquidated. If a spouse acted in bad faith, the net profits of the property shall be forfeited in favor of the common children > children of the guilty spouse > innocent spouse
3) Donations propter nuptias shall remain valid, but if the donee contracted the marriage in bad faith, the donations made to donee are revoked by operation of law.
4) Innocent spouse may revoke the designation of the other spouse who acted in bad faith as a beneficiary in any insurance policy, even if such designation is irrevocable.
5) The spouse who contracted the marriage in bad faith shall be disqualified to inherit from the innocent spouse by in/testate succession.

Question 36

What is the effect of both spouses of the subsequent marriage acting in bad faith?

Answer 36

Subsequent 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.

Question 37

For what causes existent at the time of marriage may a marriage be annulled?

Answer 37

1. Party above 18 but below 21, marriage solemnized without consent of parent > guardian > person having substitute parental authority
2. Party of unsound mind
3. Consent obtained by fraud
4. Consent was obtained by force, intimidation or undue influence
5. Either party was physically incapable of consummating the marriage (incurable)
6. Either party afflicted with a (serious and incurable) sexually transmissible disease

Question 38

What constitutes Fraud in Article 45(3)?

Fraud: non-disclosure or concealment of certain circumstances which materially affect the existence of marriage.

Answer 38

1. Non-disclosure of previous conviction by final judgment of a crime involving moral turpitude
2. Concealment of wife of the fact that, at the time of marriage, she was pregnant by a man other than her husband
3. Concealment of STD, regardless of nature, existing at the time of marriage
4. Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of marriage

Question 39

What is an unsound mind?

Answer 39

Derangement of the mind to prevent from comprehending the nature of the contract and from giving it one’s free and intelligent consent. The mental disease must be associated with the inability of understanding the marriage contract one is entering into.

(annullable because of the irregularity in an essential requisite – consent freely given)

Question 40

What is the Rule of Triennial Cohabitation?

Answer 40

If the wife remains a virgin for at least 3 years from the time the spouses started cohabiting, the husband must show that he was not impotent during the said period and the burden will be upon him to overcome the presumption of impotence.

Question 42

What are the exceptions to the Ratification of Annullable Marriage?

Answer 42

If the ground relief upon is either:

1) Incurable physical incapacity to consummate the marriage by either party
2) Affliction of either party with an incurable sexually transmitted disease

(Both existing at the time of the marriage ceremony)
(Injured party can also file a case for annulment on the said grounds if the facts were known prior to the marriage)
(These facts are not based on defective consent, but on the fact that the impotency or disease is incurable)

Question 43

What is Ratification (of annullable marriages)?

Answer 43

When there are circumstances to show that, despite the presence of some defects at the time of the marriage which would render the marriage annullable, the injured party nevertheless subsequently manifest their approval of the union and freely cohabits with the guilty party.

Question 44

Can summary proceedings and compromise agreements annulment cases?

Answer 44

NO. A full-blown hearing must be undertaken. The parties are duty-bound to prove their grounds by preponderance of evidence (even if respondent has already categorically admitted the allegations, such material facts still need to be proved.)

Question 46

No-Holds Barred Contest

Answer 46

If annulment was strongly opposed and heatedly contested, and defendant’s counsel filed several pleadings and actively participated in the case and cross-examined the witnesses of the plaintiff.

Question 47

What is Collusion?

Answer 47

Occurs where, for purposes of getting an annulment/nullity degree, the parties come up with an AGREEMENT making it appear that the marriage was defective

Question 48

Stipulation of Facts & Confession of Judgment

Answer 48

Stipulation of Facts - an admission by both parties made in court agreeing to the existence of the ground constituting the annulment

Confession of Judgment - admission made in court by respondent/defendant admitting fault as invoked by plaintiff to sever marriage ties

Question 49

Can an annulment decree based solely on SOF or COJ prosper?

Answer 49

No. Marriage is more than a mere contract by the parties. But, if the SOF or COJ is supported by other independent substantial evidence to support the main ground, this may warrant an annulment of marriage or declaration of nullity.

Question 50

What does Art 49 of FC provide?

Answer 50

• support for spouses
• custody and support for children
• appropriate visitation rights for spouse not given custodial rights

(During the pendency of the action and in the absence of ayvdequate provisions in a written agreement by the spouses)

Question 51

When will the Decree of Absolute Nullity of Marriage be issued?

Answer 51

After the:

• Registration of
  (1) ENTRY OF JUDGMENT in the proper LCRs, and of the
  (2) APPROVED PARTITION AND DISTRIBUTION OF PROPERTIES OF SPOUSES in the registry of deeds
• Delivery of Presumptive Legitime

Question 52

What is Presumptive Legitime?

Answer 52

The part of the testator’s property which he cannot dispose of because the law has reserved it for compulsory heirs, where upon liquidation of marriage,must be delivered to such heirs (common children) in cash, property, or sound securities.

(Computer as of the date of FINAL JUDGMENT of the trial court)

Question 53

Which situations require the delivery of presumptive legitime?

Answer 53

• annulled marriages

- void subsequent marriages contemplated in Art 40, 52, 53

Question 54

Upon finality of the decision regarding the nullity of marriage, what is required in order for bind third persons and to be able to validly contract a subsequent marriage?

Answer 54

Recording in the civil registry and in the registry of property of the:

1) judgment of annulment or absolute nullity of marriage
2) partition and distribution of the properties of spouses
3) delivery of the children’s legitimes