Laws have no retroactive effect, EXP Void AB INITIO Defenses in Legal Separation

1. Law expressly provides for retroactivity 1. Contracted by an 18-year old or below 1. Condonation
2. Curative/Remedial in nature 2. Solemnized by person not authorized (XP either/both believed in GF) 2. Consent
3. Penal in character favorable to accused 3. Solemnized w/o license (TN of XPNs) 3. Connivance
4. When it is procedural 4. Biga(Polyga)mous marriages 4. Recrimination
5. When a substantive right is declared for the first time 5. Mistake of identity 5. Collusion
6. Properties not recorded in the LCR and RoD 6. Prescription
Right may be waived, EXP when waiver is
1. Contrary to law, etc. Other void marriages (apart from enumeration in 35)
ART. 68: H and W are obliged to live together, observe mutual love,
2. Prejudicial to third persons 1. Psychological Incapacity respect and fidelity, and render mutual help and support
2. Incestuous (ascen and descendants; bros/sis WON full/half)
IMPT Principles 3. Against Public Policy
Territoriality, Nationality, Lex Rei Sitae, Lex Loci Celebraciones 4. Void subsequent marriages

Marriage is a special contract because (In relation to against pub pol) The FF are valid
1. Governed by Fam Code, not CC 1. Adopted and parents of his adopter
2. Inviolable social institution 2. Adopted and illegitimate children of his adopter
3. Not subject to stipulation (XPT mar stlmnt) 3. Adopted and former spouse of his adopter
4. Only two parties, man and woman 4. Adopter relatives of his adopted
5. Terminated by death or annulment 5. Step bro and sis

ESSENTIAL requisites of MRGE Declaration of presumptive death

1. Legal capax (18, M/F, no legal imped.) 1. 4 years (TN of 2 years: vessel/plane; armed forces; danger of death)
2. Consent freely given in presence of officer 2. Well-founded belief
3. Declaration of presumptive death
FORMAL requisites of MRGE
1. Authority of solemnizing officer For MT
2. Marriage license
3. Marriage ceremony (TN: solemnizing officers, parties, 2 witnesses) Grounds for Annulment of Marriage (Voidable Marriages)
1. Absence of Parental Consent
Marriage exempt from license 2. Unsoundness of the mind
1. Articulo Mortis 3. Consent obtained through Fraud
2. Far and remote places 4. Consent obtained through Force, Intimidation, Undue Influence
3. Muslims and Ethnic Cultural Communities 5. Physical Incapacity to consummate the marriage
4. Marital Cohabitation of 5 years 6. Sexually transmissible disease (serious and incurable)

Authorized persons to solemnize marriage To constitute as fraud

1. Incumbent judiciary member 1. Previous conviction of a crime involving moral turpitude
2. Priest, Rabi, Imam, Minister of any church or religious sect. 2. Pregnancy of the wife by a man other than her husband
3. Captain/Pilot (ONLY in articulo mortis) 3. Sexually transmissible disease (regardless of nature)
4. Military Commander (ONLY if chaplain is absent, w/n zone of duty) 4. Drug addiction, habitual alcoholism, lesbianism, homosexuality
5. Consul
Legal Separation grounds
Marriages never considered valid in PH 1. Repeated physical violence/abusive conduct against P, CC, COTP
1. Below 18 2. Physical violence/moral pressure compelling to change rel/pol affil.
2. Biga(Polyga)mous 3. Attempt to corrupt/induce the P,CC,COTP to engage in prostitution
3. Mistake of identity 4. Final judgment of imprisonment of more than 6 years
4. Party’s failure to record judicial decree with LCR a previous 5. Drug addiction or habitual alcoholism
marriage 6. Lesbianism or homosexuality
5. P.I. 7. Subsequent bigamous marriage (PH or abroad)
6. Incestuous 8. Sexual infidelity or perversion
7. Against public policy 9. Attempt against the life of petitioner
10. Abandonment w/o justifiable cause for more than 1 year