TERMINTATION [Art 41] BIGAMOUS MARRIAGE: when a person contracts a second / subsequent marriage before the former marriage

has been legally dissolved / before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings. Void ab intio. EXCEPT: Before the celebration of the subsequent marriage, a declaration of presumptive death is obtained after complying with the following requisites: 1. Absence of the other spouse must have been for four consecutive years / 2 years where there was danger of death under circumstances laid down in Article 391 NCC 2. well founded belief of the present spouse who wishes to marry, that the absent spouse is already dead 3. judicial declaration of presumptive death of the absentee without prejudice to the latters re=appearance EXCEPTION TO THE EXCEPTION: if both spouses of the subsequent spouse marriage acted in bad faith, said marriage shall be void ab initio and all donations made by one in favor of the other are revoked by operation of law. EFFECT OF REAPPEARANCE OF ABSENT SPOUSE: none. EXCEPT: reappearance was recorded in a sworn statement in the civil registry where party resides by any person interested with due notice to said spouses. In which case subsequent marriage automatically terminated. EXCEPTION TO THE EXCEPTION: if there was previous judgment annulling / declaring the first marriage a nullity, the subsequent bigamous marriage remains valid.

DECLARATION OF NULLITY [Art 40] VOID MARRAIGES UNDER FC: 1. Those contracted by any party below 18 years of age [35 (1)] 2. Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either / both parties believing in good faith that the solemnizing officer had the legal authority to do so. [35(2)] 3. Those solemnized without license [35(3)] 4. Bigamous / polygamous marriage [35(4)] 5. Contracted through mistake of one contracting party as to the identity of the other. [35(5)] 6. Where either of the parties to a subsequent marriage is also a party to a previous marriage which has been annulled or declared a nullity but fails to record the judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the childrens presumptive legitimes, in the appropriate civil registry and registries of property. [35(6) in relation to 52 & 53] 7. Those contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligation of marriage. [36] 8. Those marriages between ascendants and descendants of any degree, whether the relationship between the parties be legitimate or illegitimate. 9. Marriages between brothers and sisters, whether of the full or half-blood and whether the relationship between the parties be legitimate or illegitimate. GROUNDS GROUNDS FOR ANNULME NT [45] WHO CAN FILE

ANNULMENT [Art 45] PRESCRIPT IVE PERIOD w/in 5 years after reaching 21 Before child reaches 21 Before death of the other party Anytime before death of the other party During lucid interval or after regaining sanity & before death of the other party w/in 5 years from discovery of fraud RATIFICATI ON

LEGAL SEPARATION [Art 55] LEGAL SEPARATION: legal remedy available to parties in a valid but failed marriage. It does not dissolve the marriage tie, much less authorizes the parties to remarry. 1. Physical violence against petitioner / children 2. Physical violence / moral pressure to change religious / political affiliation 3. Attempt in the life of the petitioner 4. Lesbianism / homosexuality 5. Alcoholism / drug addiction 6. Corrupt / attempt to corrupt petitioner / child to engage in prostitution 7. Subsequent bigamous marriage 8. Sexual infidelity / perversion 9. Final judgment sentencing respondent of imprisonment of more than 6 years 10. Abandonment for more than 1 year w/o justifiable cause GROUNDS TO DENY LEGAL SEPARATION: 1. Condonation 2. Consent 3. Connivance 4. Mutual fault 5. Collusion 6. Prescription action for legal separation must be filed within 5 years from the time of the occurrence of the action.

Party under age Parent or guardian Sane spouse

Free cohabitation after insane regains insanity

Guardian of insane spouse Insane spouse

10. Between collateral blood relative whether legal / illegal, up

to 4th civil degree. [38(1)] 11. Between step-parents and step-children [38(2)] 12. Between parents in-law and children-in-law [38(3)] 13. Between adopting parent and adopted child [38(4)] 14. Between surviving spouse of the adopting parent and the adopted child [38(5)] 15. Between surviving spouse of the adopted child and the adopter [38(6)] 16. Between adopted child and the legitimate child of the same adopter [38(7)] 17. Between adopted child of the same adopter [38(8)] 18. Between parties where one, with the intent to marry the other, killed the other spouse, or his/her own spouse. [38(9)] 19. Where either of the parties to a subsequent marriage is also a party to a prior marriage which is void ab initio but has not been declared as such in final judgment by the court. [40 (in relation to 50)] 20. Those subsequent marriage under article 41 (subsequent bigamous marriage) of the FC if both parties acted in bad faith. [44] 21. Marriage between persons of the same sex if celebrated in the Philippines since the parties are not capacitated to contract marriage to each other 22. Marriages where consent is totally lacking, as in the case of bogus / simulated marriage 23. common-law marriages and marriages by proxy

Consent obtained in fraudulent means

24. Marriages

where the exchange of vows was not doe personally by the contracting parties in the presence of the solemnizing officer. 25. Absence of essential / formal requisites. [4(1)]

Free cohabitation after knowledge of fraud a. Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude b. Concealment by wife of the fact that at the time of the marriage she was pregnant by a man other than her husband but if such conditions was readily apparent to the man, he cannot claim lack of knowledge thereof c. Concealment of a STD regardless of nature / gravity of disease Concealment of drug addiction, habitual alcoholism, homosexuality, etc Vitiated Injured w/in 5 years Free consent of party from cohabitation either party cessation of after cause through cause has force, disappeared intimidation / undue influence Physical Potent w/in 5 years Cannot be incapability spouse after ratified (of of either marriage permanent party to character consummat e the

Injured party

VOID SUBSEQUENT MARRIAGE: 1. Without judicial declaration of nullity of previous void marriage [40] 2. Without judicial declaration of nullity of presumptive death of absent spouse [41] 3. Where absent spouse presumed dead, and both the present spouse and would be spouse were in bad faith in contracting marriage. [44] 4. Failure to comply with Article 52 requiring the partition and distribution of properties and delivery of childrens legitimes which should be recorded in the appropriate civil registry and registry of property after obtaining judgment for declaration of nullity or annulment. [53]

marriage with the other and such incapacity continues and appears to be incurable (impotency ) STD of Healthy either party party found to be serious and appears to be incurable. PRESCRIPTIVE PERIOD

w/in 5 years after marriage

Cannot be ratified (of permanent character)

TERMINTATION [Art 41]

DECLARATION OF NULLITY [Art 40] JUDICIAL DECLARATION OF NULLITY: For purposes of remarriage: only legal acceptable basis for declaring a previous marriage an absolute nullity is a final judgment declaring such previous marriage void (also applies even if the earlier union is characterized by statute as void) Other than re-marriage (heirship, legitimacy/ illegitimacy of a child, settlement of estate, etc) other evidence is acceptable to show the nullity of the marriage and the court may [pass upon the validity of marriage so long as it is essential to the determination of the case. Who may file action for declaration of nullity? a. Before 3/15/2003 any interested party b. After 3/15/2003 solely by the husband and wife Action or defense for the declaration of absolute nullity of a marriage shall not prescribe.

ANNULMENT [Art 45] EFFECTS ADDITIONAL REQUIIREMENT FOR ANNULMENT / DECLARATION OF NULLITY: Prosecuting attorney / fiscal should; 1. Appear on behalf of the state 2. Take steps to prevent collusion between parties 3. take care that evidence is not fabricated / suppressed COLLUSION: parties arranged to make it appear that a ground existed / had been committed although it was not, or if the parties had connived to bring about a matrimonial case even in the absence of grounds therefore. Public prosecutor shall be ordered by the court to investigate and to submit a report on whether parties are in collusion when: 1. No answer is filed / the answer does not tender an issue. 2. Respondent filed his answer but failed to appear at the pre-trial. NB: APPLIES ALSO TO LEGAL SEPARATION DECISION: no judgment on the pleadings, summary judgment, confession of judgment / judgment by default shall be allowed. Defendant spouse fail to file answer cannot be declared in default, instead, court shall order public prosecutor to determine if collusion exist between parties. After court grants petition, it shall issue the decree of absolute nullity or annulment only after compliance with the ff: a. Must proceed with the liquidation, partition and distribution of the parties of the spouses including custody of the common children unless such matters had been in previous judicial proceeding. b. Delivery of the childrens presumptive legitime c. Registration of the entry of judgment granting petition for declaration of absolute nullity / annulment in the civil registry where the marriage was celebrated and in the Civil registry where the marriage was celebrated and in the civil registry of the place where the FC was located d. Registration of approved partition and distribution of properties of the spouses in the proper Registry of deeds where the real properties are located.

LEGAL SEPARATION [Art 55] Marriage is valid an the grounds occur only after the celebration of marriage but marital bond is not broken. EFFECTS OF SEPARATION: 1. Spouses are entitled to live separately 2. Marriage bond is not severed 3. Dissolution of property regime 4. Forfeiture of the share of the guilty spouse in the net profits of the ACP / CPG 5. Custody of minor children to innocent spouse 6. Guilty spouse is disqualified from intestate succession and provisions made by him in favor of the innocent spouse in a will shall be revoked, 7. Innocent spouse may revoke the donation made by him in favor of the offending spouse. However. Alienations, liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. 8. Innocent spouse may revoke designation of guilty spouse as beneficiary in insurance policy even if such designation be stipulated as irrevocable. EFFECTS OF RECONCILIATION: 1. Legal separation proceeding if still pending shall be terminated 2. Final decree of legal separation shall be set aside but the separation of property and any forfeiture of the share of the guilty spouse shall subsist unless the spouses agree to revive their former property regime

ADDITIONAL PROVISIONS MARITAL STATUS

Subsequent marriage automatically terminated by affidavit of reappearance Legitimate Custody in case of dispute shall be decided by the court in separate proceedings for custody but same considerations as in Declaration of Nullity

Previous marriage void ab initio

Valid until annulled or terminated

No dissolution of marriage, only separation of bed-andboard, entitled to live separately Legitimate

STATUS OF CHILDREN BORN / CONCEIVED BEFORE TERMINATION Illegitimate except those as provided in Art 36 and 53 Legitimate CHILD CUSTODY During Pendency: 1. Written agreement 2. Absence thereof, court decides based on best interest of child and may award it in the following preference: a. Both parents jointly b. Either parent, may consider choice of child over 7 years unless parent chosen is unfit c. Surviving grandparent, if several then choice of child over 7 years unless grand parent chosen is unfit / disqualified d. Eldest brother / sister over 21 years unless unfit / disqualified e. Any other person deemed by court who is suitable

After Decree: To the innocent spouse but NO child under 7 shall be separated from the mother unless there are compelling reasons.

TERMINTATION [Art 41] Support in case of dispute shall be decided by the court in separate proceedings for custody but same considerations as in Declaration of Nullity

DECLARATION OF NULLITY [Art 40]

ANNULMENT [Art 45]

LEGAL SEPARATION [Art 55]

CHILD SUPPORT During Pendency: 1. Written agreement 2. Absence thereof, from properties of the Absolute Community of Property (ACP) or Conjugal Partnership of Gains (CPG) After Decree: Either parent / both may be ordered by court to give an amount necessary for support in proportion to resources / means of giver and necessities of recipient. SPOUSAL SUPPORT During Pendency: 1. Written agreement

Absence thereof, from properties ACP or CPG, considered as advance to be deducted from share during liquidation Restitution if after final judgment court finds that persons providing support pendent elite is not liable therefore (Sec 7, Rule 61 ROC) PROPERTY RELATIONS 1. ACP or CPG shall be dissolved and liquidated 1. ACP or CPG shall be dissolved and liquidated 2. If either spouse contracted marriage in bad faith, he or she has no right to any share of net profits earned by ACP or CPG. 2. If either spouse contracted marriage in bad faith, he or 3. Net profits shall be forfeited in favor of common children, or if none, children of guilty spouse by previous marriage, or in default thereof, the innocent spouse. she has no right to any share of net profits earned by 4. In all other cases of void marriage, Art 147 and 148 applies (Valdes vs RTC) ACP or CPG. 3. Net profits shall be forfeited in favor of common In addition children, or if none, children of guilty spouse by 1. All creditors of spouses and of the ACP or CPG shall be notified of the proceedings for liquidation previous marriage, or in default thereof, the innocent 2. Conjugal dwelling and lot on which it is situated shall be adjudicated pursuant to Art 102 and 129 spouse. PRESUMPTIVE LEGITIME 1. Deliver of presumptive legitime of all common children computed as of date of final judgment w/o prejudice to ultimate succesional rights of children accruing upon death or either / both parents 2. Shall be considered as advances on common childrens legitime. (Art 51) DONATION PROPTER NUPTIAS 1. Shall remain valid, unless donee 1. Shall remain valid, unless donee contracted marriage in bad 1. Shall remain valid, unless donee contracted marriage in 1. Shall remain valid, unless donee contracted marriage in contracted marriage in bad faith, in faith, in which case, donation to said donee shall be revoked by bad faith, in which case, donation to said donee shall be bad faith, in which case, donation to said donee shall be which case, donation to said donee operation of law. revoked by operation of law. revoked by operation of law. shall be revoked by operation of law. 2. If both spouses of subsequent 2. If both spouses of subsequent marriage acted in bad faith, 2. No conflict w/ Art 86(2) as such does not require that 2. But of ground for legal separation is sexual infidelity marriage acted in bad faith, donations propter nuptias made by one in favor of the other marriage be annulled first before donor may revoke (adultery or concubinage), donation between persons donations propter nuptias made by are revoked by operation of law. donation donor has 5 years from time he had knowledge guilty thereof at time of donation is void. Art 739 (1) NCC. one in favor of the other are of lack of consent; cannot revoke if had knowledge thereof revoked by operation of law. before the marriage. 3. If both spouses in good faith, donor after finality of decree 3. Conflict with Art 86 (3) but Art 43 (3) prevails more in may revoke pursuant to Art 86 (1) harmony with general purpose / intent of act 4. If marriage not celebrated: a. Those stipulated in marriage settlement are void. (Art 81) b. Those excluded from marriage settlement or if no such contract, may be revoked by donor. Art 86 (1) INSURANCE POLICY Innocent spouse may revoke designation of spouse in bad faith as beneficiary even if stipulated as irrevocable. [Art 43 (4)] Innocent spouse may revoke donations made by him or her in favor of offending spouse as well as designation of latter as beneficiary even if stipulated as irrevocable (Art 64). Action to revoke donation must be brought w/in 5 years from finality of decree SUCCESSION 1. Spouse in bad faith disqualified to inherit from innocent spouse by testate or intestate succession 1. Offending spouse disqualified from inheriting from 2. If both spouses of subsequent marriage acted in bad faith, testamentary dispositions made by one in favor of the other are revoked by operation of law [Art 44] innocent spouse by intestate succession 2. Provisions in favor of offending spouse made in the will of innocent spouse are revoked by operation of law [Art 63 (4)] 3.

2.