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