Void Marriages Flashcards
1
Q
Solemnized without License, except those marriages that are exempt from the license requirement; void or voidable?
A
void
2
Q
Marriage between Filipinos who are of the same sex; void or voidable?
A
void
3
Q
In case of a change in sex, can the person who has undergone said change be allowed to marry another of the same sex as he/she originally had? If the change is artificial?
A
No, he/she cannot; The sex or gender at the time of birth shall be taken into account. He is still, in the eyes of the law, a man although because of the artificial intervention, he now has the physiological characteristics of a woman
4
Q
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; void or voidable?
A
void
5
Q
In case of a change in sex, can the person who has undergone said change be allowed to marry another of the same sex as he/she originally had? If the change is natural?
A
He/she can. Ex. Hermaphrodite, Congenital Adrenal Hyperplasia
6
Q
Absence of any of the essential or formal requisites of marriage; void or voidable?
A
void
7
Q
Validity of the marriage if it is a mixed marriage where the Filipino is 18 years old but the foreigner is below 17 years of age?
A
If the national law of the foreigner recognizes 17 year old persons to be capacitated to marry, then their marriage is valid, otherwise it is void.
8
Q
Contracted through Mistake of one of the contracting parties as to the identity of the other; void or voidable?
A
void
9
Q
Effect of lack of authority of solemnizing officer?
A
The marriage is void ab initio.
10
Q
Bigamous or polygamous marriages not falling under Article 41 of the Family Code or those allowed under special laws such as the Muslim Code; void or voidable?
A
void
11
Q
If either or both parties believed in good faith that the solemnizing officer had the legal authority to do so; valid?
A
valid
12
Q
If the marriage between a foreigner and a Filipino citizen abroad solemnized by a Philippine consul assigned in that country is recognized as valid in the host country, such marriage shall be considered as valid in the Philippines
A
valid
13
Q
Marriages contracted by any party below 18 years of age even with the consent of parents or guardians; void or voidable?
A
void
14
Q
psychological incapacity means mental incapacity tantamount to insanity
A
No. pyschological incapacity means “comply with the essential marital obligations
15
Q
Marriages contracted by any party, who at the time of the celebration of the marriage, was Psychologically incapacitated, even if such incapacity becomes manifest only after its solemnization; void or voidable?
A
void
16
Q
Incestuous Marriages; void voidable?
A
void
17
Q
Requisites of Psychological Incapacity
A
Juridical antecedence;
Gravity;
Permanence or incurability;
18
Q
Marriages declared void because they are contrary to Public policy; void or voidable?
A
void
19
Q
Burden of proof to show the nullity of the marriage belongs to the plaintiff; Psychological Incapacity?
A
Guidelines Psychological Incapacity
20
Q
Subsequent marriages which are void under; void or voidable?
A
void
21
Q
The root cause of the psychological incapacity must be: (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision; Psychological Incapacity?
A
Guidelines Psychological Incapacity
22
Q
Marriages in jest; void or voidable?
A
void
23
Q
The incapacity must be proven to be existing at “the time of the celebration” of the marriage; Psychological Incapacity?
A
Guidelines Psychological Incapacity
24
Q
Common-law marriages; void or voidable?
A
void
25
Such incapacity must also be shown to be medically or clinically permanent or incurable; Psychological Incapacity?
Guidelines Psychological Incapacity
26
Mere sexual infidelity or perversion as well as immaturity and irresponsibility; Psychological Incapacity?
no. It must be shown that these acts are manifestations of a disordered personality which would make respondent completely unable to discharge the essential obligations of a marital state, not merely youth, immaturity or sexual promiscuity
27
Disagreements regarding money matters; Psychological Incapacity?
no
28
Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage; Psychological Incapacity?
Guidelines Psychological Incapacity
29
Mere abandonment; sychological Incapacity?
To constitute psychological incapacity, it must be shown that the unfaithfulness and abandonment are manifestations of a disordered personality that completely prevented the erring spouse from discharging the essential marital obligations
30
The essential marital obligations must be those embraced by Arts. 68 up to 71 of the FC as regards the husband and wife, as well as Arts. 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision; Psychological Incapacity?
Guidelines Psychological Incapacity
31
Sexual infidelity; Psychological Incapacity?
no
32
Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts; Psychological Incapacity?
Guidelines Psychological Incapacity
33
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; Psychological Incapacity?
Guidelines Psychological Incapacity
34
Living an adulterous life when specific evidence was shown that promiscuity as a trait already existing at the inception of marriage; Psychological Incapacity?
no
35
A and B were married. They have four (4) children. A, the husband, had an affair with C, who gave birth to a child. After 12 years of marriage, B left the conjugal home and her 4 children with A. Now, A started living with C. Nine years since the de facto separation from B, A filed a petition for declaration of nullity of marriage based on Article 36 of the Family Code. A psychologist and a canon law expert testified that B, were indeed psychologically incapacitated alleging that she may reflect a narcissistic personality disorder with her sexual infidelity, habitual mahjong playing, and her frequent night-out with friends. They based their diagnosis on an interview with the family relative of B and statements made by their own son. Is the marriage of A and B void on the ground of psychological incapacity?
YES. The Court held that B was indeed psychologically incapacitated as they relaxed the previously set forth guidelines with regard to this case. Article 36 of the Family Code must not be so strictly and too literally read and applied given the intendment of the drafter to adopt its enacted version of “less specificity” obviously to enable “some resiliency in its application.” Expert opinion considered as decisive evidence as to psychological and emotional temperaments. The long-term effects of the respondent’s obsessive mahjong playing surely impacted her family life particularly on her very young children. Her willfully exposing her children to the culture of gambling on every occasion of her mahjong sessions was a very grave and serious act of subordinating their needs for parenting to the gratification of her own personal and escapist desires. The respondent revealed her wanton disregard for her children’s moral and mental development. This disregard violated her duty as a parent to safeguard and protect her children
36
Would the state of being of unsound mind or the concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism be considered indicia of psychological incapacity, if existing at the inception of marriage?
The state of being of unsound mind, the concealment of drug addiction, habitual alcoholism, lesbianism or homosexuality may be indicia of psychological incapacity, depending on the degree of severity of the disorder. However, the concealment of drug addiction, habitual alcoholism, lesbianism or homosexuality is a ground of annulment of marriage
37
Art. 36 of the FC provides that 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 be void.
Choose the spouse listed below who is psychologically incapacitated.
a. Nagger
b. Gay or Lesbian
c. Congenital sexual pervert
B and C. They may serve as indicia of psychological incapacity, depending on the degree and severity of the disorder (Santos v. CA, G.R. No. 112019, January 4, 1995). If the condition of homosexuality, lesbianism or sexual perversion, existing at the inception of the marriage, is of such a degree as to prevent any form of sexual intimacy, any of them may qualify as a ground for psychological incapacity. The law provides that the husband and wife are obliged to live together, observe mutual love, respect and fidelity
More than just showing the manifestations of incapacity, the petitioner must show that the respondent is incapacitated to comply with the essential marital obligations of marriage and that it is also essential that he must be shown to be incapable of doing so due to some psychological, not physical illness
38
Between ascendants and descendants of any degree; iINCESTUOUS MARRIAGES?
yes
39
Adopted and Illegitimate child of the adopter; valid or not?
Yes. exeption to iINCESTUOUS MARRIAGES
40
Between brothers and sisters whether of the full or half-blood; iINCESTUOUS MARRIAGES?
yes
41
Step brother and step sister;
Yes. exeption to iINCESTUOUS MARRIAGES
42
Collateral blood relatives; valid or not?
no; iINCESTUOUS MARRIAGES; (legitimate or Illegitimate) up to the 4th civil degree;
43
Brother-in-law and sister-in-law;
Yes. exeption to iINCESTUOUS MARRIAGES
44
Step-parents & step-children;; valid or not?
no; iINCESTUOUS MARRIAGES;
45
Parties who have been guilty of adultery or concubinage.
Yes. exeption to iINCESTUOUS MARRIAGES
46
Adopting parent & the adopted child; valid or not?
no; iINCESTUOUS MARRIAGES;
47
-
-
48
Surviving spouse of the adopting parent & the adopted child;
no; iINCESTUOUS MARRIAGES;
49
Surviving spouse of the adopted child & the adopter; marriage between them?
no; iINCESTUOUS MARRIAGES;
50
May a person contract a valid subsequent marriage before a first marriage is declared void ab initio by a competent court?
NO. A judicial declaration of nullity is required before a valid subsequent marriage can be contracted; or else, what transpires is a bigamous marriage, reprehensible and immoral
51
Adopted child & legitimate child of the adopter;
no; iINCESTUOUS MARRIAGES;
52
Requisites for validity of subsequent marriage under
1. The Absent spouse had been absent for 4 consecutive years (ordinary absence) or 2 consecutive years (extra-ordinary absence);
2. The present spouse has a well-founded Belief that the absent spouse is already dead;
3. There is judicial Declaration of presumptive death in a summary proceeding in accordance with Article 253 of the Family Code.
53
Adopted children of the same adopter;
no; iINCESTUOUS MARRIAGES;
54
If both spouses of subsequent marriage acted in bad faith, such marriage is
void ab initio.
55
Parties where one, with the intention to marry the other, kills the latter’s spouse, or his/her spouse
no; iINCESTUOUS MARRIAGES;
56
Gregorio married Janet. When he was employed overseas, he was informed that Janet left. Five years later, he filed an action for her to be declared presumptively dead without alleging that he wishes to remarry. Will his action prosper?
NO. A petition to declare an absent spouse presumptively dead may not be granted in the absence of any allegation that the spouse present will remarry
57
What is the effect if the parties to the subsequent marriage obtains knowledge that the spouse absent has reappeared?
If the absentee reappears, but no step is taken to terminate the subsequent marriage, either by affidavit or by court action, such absentee's mere reappearance, even if made known to the spouses in the subsequent marriage, will not terminate such marriage
58
Ana Rivera had a husband, a Filipino citizen like her, who was among the passengers on board a commercial jet plane which crashed in the Atlantic Ocean ten (10) years earlier and had never been heard of ever since. Believing that her husband had died, Ana married Adolf Cruz Staedler, a divorced German national born of a German father and a Filipino mother residing in Stuttgart. To avoid being required to submit the required certificate of capacity to marry from the German Embassy in Manila, Adolf stated in the application for marriage license stating that Adolf was a Filipino, the couple got married in a ceremony officiated by the Parish Priest of Calamba, Laguna in a beach in Nasugbu, Batangas, as the local parish priest refused to solemnize marriage except in his church. Is the marriage valid?
If the missing husband was in fact dead at the time the second marriage was celebrated, the second marriage was valid. Actual death of a spouse dissolves the marriage ipso facto whether or not the surviving spouse had knowledge of such fact. A declaration of presumptive death even if obtained will not make the marriage voidable because presumptive death will not prevail over the fact of death.
If the missing husband was in fact alive when the second marriage was celebrated, the second marriage was void ab initio because of a prior subsisting marriage. Had Ana obtained a declaration of presumptive death, the second marriage would have been voidable.
In both cases, the fact that the German misrepresented his citizenship to avoid having to present his Certificate of Legal Capacity, or the holding of the ceremony outside the church or beyond the territorial jurisdiction of the solemnizing officer, are all irregularities which do not affect the validity of the marriage.
59
A ?? is 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 (Rabuya, 2006). Simply, a ?? is valid until it is annulled
voidable marriage
60
REQUISITES FOR DECLARATION OF
| PRESUMPTIVE DEATH:
```
That the absentee spouse has been
missing for 4 consecutive years if the
disappearance occurred where there is
danger of death under circumstances in
Art. 391 of New Civil Code.;
```
2. The present spouse wishes to remarry
3. The present spouse has a well-founded
belief that the absentee is dead
4. The present spouse files a summary
proceeding for the declaration of
presumptive death
61
EFFECT OF REAPPEARANCE:
EFFECT OF REAPPEARANCE:
General Rule: The subsequent bigamous
marriage under Art. 41 remains valid despite
reappearance of the absentee spouse.
62
EFFECT OF REAPPEARANCE: Exception:
If the reappearance was made in a
sworn statement recorded in the civil registry, the
subsequent marriage is automatically terminated.
63
EFFECT OF REAPPEARANCE: Exception to the Exception:
If there was a
previous judgment annulling or declaring the first
marriage a nullity, the subsequent bigamous
marriage remains valid.
64
Marriage of a party 18 years of age or over but below 21 solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order; void or voidable?
void
65
Either party was of unsound mind; void or voidable?
void
66
Consent of either party was obtained by fraud; void or voidable?
void
67
Vices of consent such as force, intimidation or undue influence; void or voidable?
void
68
Impotence (impotencia copulandi) and afflicted with STD found to be serious and appears to be incurable; void or voidable?
void
69
? is a legal remedy available to parties in a valid but failed marriage for the purpose of obtaining a decree from the court entitling him or her certain reliefs such as the right to live separately from each other (without affecting the marital bond that exists between them), the dissolution and liquidation of their absolute community or conjugal partnership property regime and the custody of their minor children.
Legal separation
70
Repeated physical violence or grossly abusive conduct against petitioner, common child, child of petitioner;
GROUNDS FOR LEGAL SEPARATION
71
Attempt to corrupt or induce petitioner, common child, child of petitioner to engage in prostitution, or connivance in such corruption or inducement;
GROUNDS FOR LEGAL SEPARATION
72
Attempt by respondent against the life of petitioner;
GROUNDS FOR LEGAL SEPARATION
73
Final judgment sentencing respondent to imprisonment of more than 6 years, even if pardoned;
GROUNDS FOR LEGAL SEPARATION
74
Drug addiction or habitual alcoholism of respondent
GROUNDS FOR LEGAL SEPARATION; It must exist after celebration of marriage
75
Physical violence or moral pressure to compel petitioner to change religious or political affiliation
GROUNDS FOR LEGAL SEPARATION
76
Bigamous marriage subsequently contracted by respondent in the Philippines or abroad
GROUNDS FOR LEGAL SEPARATION
77
Sexual infidelity or perversion;
GROUNDS FOR LEGAL SEPARATION
78
Lesbianism or homosexuality of respondent
It must exist after celebration of marriageGROUNDS FOR LEGAL SEPARATION
79
Abandonment of petitioner by respondent without justifiable cause for more than 1 year.
GROUNDS FOR LEGAL SEPARATION
80
Condonation of the act complained of;
Grounds for denial of petition for legal separation
81
Consent to the commission of the offense/act;
Grounds for denial of petition for legal separation
82
Connivance in the commission of the act;
Grounds for denial of petition for legal separation
83
Collusion in the procurement of decree of LS;
Grounds for denial of petition for legal separation
84
Mutual Guilt;
Grounds for denial of petition for legal separation
85
Prescription: 5 yrs from occurrence of cause;
Grounds for denial of petition for legal separation
86
Death of either party during the pendency of the case
Grounds for denial of petition for legal separation
87
Reconciliation of the spouses during the pendency of the case
Grounds for denial of petition for legal separation
88
An action for legal separation shall be filed within ?years from the time of the occurrence of the cause (FC, Art. 57). An action filed beyond that period is deemed ?.
5; prescribed
89
An action for legal separation shall be in no case tried before ? months has elapsed since the filing of the petition, to enable the contending spouses to settle differences. In other words, it is for possible reconciliation
6
90
The 6 months cooling-off period is a mandatory requirement. Petition shall ?
not be granted if it is not observed
91
EFFECTS OF FILING OF A PETITION FOR LEGAL SEPARATION
The spouses shall be entitled to live separately from each other.;
In the absence of a written agreement between the parties, the court shall designate either the husband or the wife or a 3rd person to administer the absolute community or conjugal partnership property.
92
EFFECTS OF FILING OF A PETITION FOR LEGAL SEPARATION; Effect of death of a party during pendency
Being personal in character, it follows that the death of one party to the action causes the death of the action itself
93
EFFECTS OF FILING OF A PETITION FOR LEGAL SEPARATION; Effect of death of a party before entry of judgment
The court shall order the case closed and terminated without prejudice to the settlement of estate proper proceedings in the regular courts
94
EFFECTS OF FILING OF A PETITION FOR LEGAL SEPARATION; Effect of death of a party after entry of judgment
If the party dies after the entry of judgment, the same shall be binding upon the parties and their successors in interest in the settlement of the estate in the regular courts
95
The spouses shall be entitled to live separately from each
| other, but the marriage bonds shall not be severed;
EFFECTS OF FILING OF A PETITION FOR LEGAL SEPARATION;
96
The absolute community or the conjugal partnership shall be
dissolved and liquidated but the offending spouse shall have no
right to any share of the net profits earned by the absolute
community or the conjugal partnership, which shall be forfeited
in accordance with the provisions of Article
EFFECTS OF FILING OF A PETITION FOR LEGAL SEPARATION;
97
The custody of the minor children shall be awarded to the
innocent spouse, subject to the provisions of Article 213 of this
Code; and
EFFECTS OF FILING OF A PETITION FOR LEGAL SEPARATION;
98
The offending spouse shall be disqualified from inheriting
from the innocent spouse by intestate succession. Moreover,
provisions in favor of the offending spouse made in the will of
the innocent spouse shall be revoked by operation of law.
EFFECTS OF FILING OF A PETITION FOR LEGAL SEPARATION;
