Você está na página 1de 8

Article 36 PSYCHOLOGICAL INCAPACITY

A marriage contracted by any party who at the time of the celebrations 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.
Molina Doctrine
1.) The burden of proof lay with the one asserting psychological incapacity
2.) The root cause of the psychological incapacity must be
Medically and clinically proven
Alleged in the complaint
Sufficiently proven by experts
Clearly explained in the decision
3.) Juridical Antecedents
4.) Incurability of the incapacity
5.) Gravity of the illness to prevent the person from marital obligations
6.) The Marital obligations must be those in 68-71
7.) Interpretations of the Catholic matrimonial tribunal must be given respect but
not controlling
8.) The trial court must order the prosecuting attorney/fiscal or the OSG to
appear as counsel for the state.
(Certification of the OSG is no longer needed)
Legitimacy of Children
Article 54 Provides that Children in a Marriage declared void due to Art 52 and
Art 36 shall be legitimate
Governing Property Regime
General Rule: Co-Ownership
Art 37. Marriages that are Void due to being incestuous
1.) Between brother and sister either full or half-blood
2.) Between ascendants or descendants
Art 38. The following marriages shall be void due to public policy
1. Collateral blood relatives whether legitimate or illegitimate up to the 4 th civil
degree
2. Step-parents and Step-children
3. Parent-in-law and Child-in-law
4. Adopting parents and adopted child
5. Surviving spouse of the adopter and the adopted child
6. Surviving spouse of the adopted child and the adopter

7. Adopted child and the legitimate child of the adopter


8. Adopter children of the same adopter
9. When one party kills the spouse of the other to marry him/her
Note*
Marriage between collateral half bloods (Half Uncle and Half Niece)
Article 40. NO JDN
The absolute nullity of a previous marriage may be invoked for the purpose of
remarriage on the basis solely of a final judgment declaring such previous
marriage void.

VITANGCOL AND A BUNCH OF OTHER JURISPRUDENCE SAYS

Obtaining a Judicial Declaration of Nullity is REQUIRED for


REMARRIAGE

Subsequent Void Marriages due to Non-Compliance with Article 40


Property Regime to be liquidated
Article 50 States that the property Regime that will be liquidated
shall be based on Article 40 (2) ACP or CPG
Legitimacy of children
It Shall Follow the rule that in Void marriages the children will not be
legitimate.
Article 50 provides for the effects in Article 40 through Article 43 (2)
(3) (4) (5) and article 44
Death and Disappearance of the Previous Spouse
Article 41. Requirements for JDPD
If the previous spouse was absent for 4 years or 2 years in cases where
there is danger of death and the surviving spouse has a WELL FOUNDED
BELIEF that his spouse is dead.

The surviving spouse must institute summary proceedings for declaration


of presumptive death

The declaration of presumptive death will be without prejudice to the


reappearance of the absentee spouse.

Article 42. Reappearance of Spouse

A subsequent Marriage contracted based on the circumstances above


shall be automatically terminated upon filing of the reappearance of the
absentee spouse with the local civil registrar of the residence of the
parties of the subsequent marriage.

The reappearance may be filled by any interested person, with due notice
to the spouses of the subsequent marriage.

The reappearance will not prejudice the any judicial determination of the
fact of such disappearance

Effects of Reappearance of the Spouse


Article 43 Effects of Reappearance of the Spouse
1. Children of the subsequent marriage shall be legitimate, BEFORE
TERMINATION their custody and support; the court will decide.
2. The liquidation of the properties shall be based on the ACP or CPG
If one of the spouses are in bad faith he/she shall automatically barred
from any profits gained from the liquidation of the properties. His/her share
will go to the 1.) Common Children 2.) Children of the Guilty spouse or 3.)
To the innocent spouse.
3. Donations by reason of marriage shall be revoked by operation of law if it
was that Donee that acted in bad faith. Otherwise the Donations shall be
Valid
4. The innocent spouse has the option to revoke the spouse in bad faith from
being entitled to any insurance claim
5. The spouse in bad faith shall be barred from inheriting from testate or
intestate succession from the innocent spouse.
Article 44. Both acted in bad faith JDPD
If both acted in bad faith the marriage is automatically VOID AB INITIO

The donations and testate dispositions made between the two shall be
revoked by operation of Law

Article 45. Annulment

Grounds for Annulment


1. Either party did not obtain the consent of either the 1.) Parents 2.)
Guardian 3.) one having substitute parental authority over the party when
they married at the age of 18-21
2. One of the parties were of unsound mind at the time of the marriage
3. Consent was obtained by fraud
Non disclosure of conviction by final judgment of the other party of
a crime involving moral turpitude
Wife committed paternity fraud at the time of marriage
Concealment of STD no matter how bad
Concealment of drug addiction, habitual alcoholism, or
homosexuality /lesbianism existing at the time of marriage
4. Consent was obtained by force or undue influence
5. Physical incapacity to consummate marriage
6. Either party was afflicted with a serious and incurable STD
Ratification
1. Non-Consent: Cohabitation after turning 21
2. Unsound mind: Cohabitation after regaining sanity or lucid interval (only
insane spouse can ratify)
3. Consent by fraud: Cohabitation after discovery of fraud
4. Consent by force: Cohabitation after end of the force/violence etc
5. Physical incapacity to consummate: No Ratification
6. Affliction by serious STD: No Ratification
Prescription
1. Non-Consent: For parents, before party turns to 21, For party 5 years after
21
2. Unsound mind: Before death of the party
3. Consent by fraud: 5 years from discovery
4. Consent by force: 5 years when force stops
5. Physical incapacity to consummate: 5 years from marriage ceremony
6. Affliction by serious STD: 5 from marriage ceremony
Who may File
1. Non-Consent: Parents of Non Consenting party or the Non consenting
party
2. Unsound mind: The Sane spouse with no knowledge of the insanity,
relative, guardian or legal charge of the insane.
3. Consent by fraud: Injured party
4. Consent by force: Injured Party

5. Physical incapacity to consummate: Injured party


6. Affliction by serious STD: Injured party
Effects of Annulment (Article 45) provided for through Article 50 which
states that (Article 43, 2, 3, 4, 5) shall be the effects.
Legitimacy of Children Born/Concieved In Annulled Marriages
Legitimate because they were born in a marriage that was VALID Until ANULLED
Presumptive legitimes
1. Delivered upon JDA
2. Valued based on value on date of JDA of trial court
3. Delivered in a.) Cash b.) Property c.) Sound securities unless there is an
agreement judicially approved providing for such matters
4. The a.) Children b.) Guardian or c.) Trustee of their property may ask for
enforcement of judgment
5. Delivery of the presumptive legitimes will not prejudice successional rights
when the parents die but it is an advance on their legitimes
Remarriage requirements after JDA or JDN
1. JDN/JDA
2. Partition, distribution of properties
3. Delivery of presumptive legitimes
4. If not registered, will not affect 3rd persons
5. If not done subsequent marriage is Void
6. Children in above mentioned void marriage will be legitimate
LEGAL SEPARATION
Article 55 Grounds for Legal Separation
1. Repeated Physical Violence or Grossly abusive conduct directed against
1.) Petitioner 2.) Common Child 3.) Child of Petitioner
Frequency not Severity is what is material
2. Physical Violence or Moral pressure to compel the petitioner to change
religious or political affiliation
Requires only a single attempt or incident
3. Attempt of respondent to corrupt/induce 1.) Petitioner 2.) Common Child
3.) Child of Petitioner to Engage in prostitution or connivance in such act
Does not need to be successful
4. Final Judgment sentencing the respondent to imprisonment of more than
6 years even if pardoned
Judgment must have been final

5. Drug addiction, habitual alcoholism


Persistent Habit or a lose of self control when alcohol is involved
6. Lesbianism/Homosexuality
OBVIOUS
7. Contracting Bigamous marriage, even abroad
Also applicable if there was no JDPD of previous spouse
8. Sexual infidelity or perversion
Clear betrayal of trust need not be concubineage
Includes sexual acts with wife (she dont like it backdoor but you did
anyway)
9. Attempt of respondent against life of the petitioner
Must proceed from malice, self defense will not count
10. Abandonment without justifiable cause
Willful, intentional act to COMPLETELY abandon the spouse
TOTAL renunciation of duties
ABSOLUTE cessation of Marital duties
Article 56 Denial of Legal Separation
1. Condonation of the act
Forgiveness AFTER the offense
2. Consent to the act
NO objection or DID NOT Object despite FULL KNOWLEDGE
3. Connivance between the parties to induce the act
Influence, direction or personal exertion believing that such acts
would create a result for Legal separation
4. Both parties give ground
Negative times negative is positive
5. Collusion between parties
Agreement to commit an act that will cause legal separation
CANNOT be INFERRED if guilty party confesses to the offense
6. Prescription (Article 57. 5 years from occurrence of the cause)
Article 58 The 6 month cooling off period

6 month cooling off period before trial for legal separation but other matters such
as support and custody may be tried. UNLESS the ground is physical violence
Article 59 What needs to be done before decree is issued
Cannot be Decreed until 1.) Steps taken for reconciliation 2.) Court is fully
satisfied despite such efforts no reconciliation is probable.
Article 60 What shall not be the basis for Legal Separation
No Decree of legal separation shall be based on 1.) stipulation of facts or 2.)
confession of judgment.
Article 61 Effects of Legal separation after Filing
1.) After filing for petition of legal separation they are entitled to live separately
2.) If no Written agreement court will designate either 1.) Spouse or 2.) 3 rd
persons to administer the property of ACP or CPG 3.) The 3 rd person will have
the same powers and duties as a guardian under rules of court.
Article 62 Support of spouses, children and custody of children during
pendency
Article 62 states that Article 49 shall govern, article 49 states that the court shall
provide for the support of spouses, children and their custody in absence of
written agreement.
Article 63 Effects of Decree of Legal Separation
1. Entitled to Live separately but marriage bonds not severed
2. ACP or GCP dissolved pursuant to Article 42 (2)
3. Custody of minor kids awarded to innocent spouse
If 7 years old goes to mom unless court finds a reason not to
Paramount interest of child will govern
Therefore even 3rd party may take the child
4. Offending spouse disqualified from inheriting by intestate or testate
succession, provisions in favor of the offending spouse made in the will of
the innocent spouse shall be revoked by operation of law
Article 64 Effects of Finality of Decree on Donations, and Insurance
1. Donations by innocent spouse Revocable
2. May revoke offending spouse as insurance beneficiary
3. Revocation of donations will be recorded in registries of properties in the
places they are locate.
4. Alienations, liens and encumbrances registered in good faith before
recording of the revocation shall be respected
5. Revocation of insurance takes place upon written notification to insurer

6. Action to revoke donation must be within 5 years from Final decree


RECONCILIATION
Article 65 Requirements for Reconciliation
1. Join manifestation under oath
2. Manifestation signed by them
3. Manifestation filed with the same court in the same proceeding for legal
separation
Article 66 Effects of Reconciliation
1. If Legal separation is pending, terminated at any stage
2. Final decree of separation set aside
3. Any separation of property and forfeiture of profits effected will SUBSIST
unless they agree to revive former regime
4. The courts order containing the foregoing will recorded in the LCR
Article 67 Agreement to Revive Property Regime Shall
1. Be Executed under oath
2. Properties to be contributed anew to the new regime
3. Properties to be retained as separate
4. Names, address and amounts owed to creditors
5. Motion of agreement of revival shall be filed with the court in the same
proceeding for legal separation
6. Copies of the motion shall be furnished to creditors named therein
7. After hearing court will take care to protect credits
8. Order for revival will be recorded in Proper civil registries
Note*
Creditor+Recorded/Notified=Prejudiced
Creditor+NOT Recorded/Notifed= Prejudiced
Unless the debtor spouse has enough property to satisfy the debt