Void v. Voidable Marriages Flashcards
Differentiate between void v. voidable marriages.
A void marriage differs from a voidable marriage in the following ways:
(1) a void marriage is nonexistent — i.e., there was no marriage from the beginning — while in a voidable, marriage, the marriage is valid until annulled by a competent court;
(2) a void marriage cannot be ratified, while a voidable marriage can be ratified by cohabitation;
(3) being nonexistent, a void marriage can be collaterally attacked, while a voidable marriage cannot be collaterally attacked;
–> Review on collateral attack.
Collateral attack is proper when the judgment, on its face, is null and void. This is an attack made as an incident in another action, whose purpose is to obtain a different relief. Also called an indirect attack, it is a challenge on the validity of a prior judgment through a new case rather than by a direct appeal.
(4) in a void marriage, there is no conjugal partnership and the offspring are natural children by legal fiction, while in voidable marriage there is conjugal partnership and the children conceived before the decree of annulment are considered legitimate; and
(5) ‘in a void marriage no judicial decree to establish the invalidity is necessary,’ while in a voidable marriage there must be a judicial decree.
Pulido vs. People (GR 220149, July 27, 2021).
