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MARRIAGE: two distinct meanings:

1) in one sense it is limited to the procedure by which a man and a woman become
husband and wife; the act by which a man and a woman unite for life! with the
intent to discharge towards society and one another those duties which result
from the relation of husband and wife
") in another sense marriage is a status: in#ol#ing duties and responsibilities which
are no longer matter for pri#ate regulations but concern of the $tate% ci#il
status of one man and one woman legally united for life! with rights and duties
which for the establishment of families and the multiplication of the species are or
from time to time may therafter be! assigned by law to matrimony
&urposes of marriage:
1) reproduction
") education of the offspring
') mutual help
()I* A+* ()I*A,-E MARRIAGE
Void Marriages
.he following marriages are #oid spite of their omission from the enumeration contained
in Arts '/ to '0 of the 1ode:
a) marriages where intent to marry is totally wanting 2marriages in plays or films!
marriages in 3est)
b) marriages not solemni4ed in accordance with law 2marriage by pro5y! common
law marriages)
c) marriages between persons of the same se5
6 deemed to ha#e ne#er ta7en place
at all
6 considered #alid and subsisting until
is set aside by competent court
6 can be attac7ed collaterally 6 can be attac7ed only in a direct
proceeding for annulment
6 may be 8uestioned e#en after the
death of one of the parties
6 can no longer be attac7ed after one
of the parties is dead
6 cannot be ratified or confirmed 6 can be made perfectly #alid by
ratification or confirmation through
continued cohabitation
6 #alidity may be assailed by anyone 6 can generally be attac7ed only by a
party to it
6 action or defense to declare the
nullity of a #oid marriage generally
does not prescribe
6 action to set aside a #oidable
marriage prescribes
E99E1.$ )9 ()I* MARRIAGE: American 3urisprudence: confers no legal rights; as if
no marriage had been performed
Property relations: Art 1:: of 11: when the marriage is #oid ab initio! the property
ac8uired either or both of them through their wor7 or industry or their wages and
salaries shall be go#erned by rules on co6ownership whether the parties acted in good
or bad faith%no con3ugal properties or community property formed between parties
9AMI-; 1)*E: a community property or con3ugal partnership is formed and is
dissol#ed and li8uidated upon declaration of nullity; if one acted in bad faith%his or her
share is forfeited in fa#or of the children of innocent spouse
Status of children: they shall ha#e the same status! rights! and obligations as
ac7nowledged natural children 211)! 9amily 1ode: considers them legitimate children
E99E1.$ )9 ()I*A,-E MARRIAGE: #alid and produces all ci#il effects until set aside
by 3udgment in an action for annulment
Property relations: 116 con3ugal partnership arose and if both acted in good faith! each
shall share e8ually in the same manner as in a #alid marriage; if one acted in bad faith
%he lost his share in the properties! e5cept when con3ugal property came mostly or
entirely from his wor7 or industry
91: rule applicable to marriages #oid from the beginning applies
Status of Children: 11 and 91 ha#e the same rule: they are legitimate%
91: treats the property relations of the spouses and the status of their children in the
same manner! whether the marriage is #oid or #oidable
Art 35: void marriages from the beginning
Reasons for pro#ision: 21)! 2") and 2') #oid because of absence of essential or formal
re8uisites of marriage
Marriages below age: below the age of consent%#oid
,igamous marriage: a subse8uent marriage contracted by any person during the
lifetime of his spouse is illegal and #oid from its performance! and no 3udicial decree is
necessary to establish the in#alidity
MIsta7e as to identity: mista7e as to person himself%substitution of another person for
the party who is desired in marriage! w<o the 7nowledge of the other contracting party
2e5= .wins)
6 but when a person merely represents himself to be somebody else! assuming the
name o the latter and other party marries him in the belief that he is the person
whose name he has assumed there is no mista7e in identity
Art 36: s!"ho#ogi"a# in"aa"it!
+ullity of the marriage: #oid from beginning ; psychological incapacity to comply with
essential marital obligations does not affect consent%different from physical incapacity
2only #oidable)
Action for +ullity: before 91: prescribes in 1> years%but correction made since these
are #oided from the beginning to no prescription
Art 3$: in"est%o%s marriage
1oncept of incestuous marriage: are those contracted by persons related by blood
within the degree prohibited by law
6 only marriages within the prohibited relationship are incestuous! e#en if blood
relation e5ists; some #oid because of public policy
Art 3&: void ab initio for reasons of %b#i" o#i"!
)ther relationships not impediments:
1ollateral ,lood relati#es: between uncles and nieces! nephews and aunts
6 prohibition is based on scientific and public opinion
6 contrary to good morals
6 tend to wea7en the race
?illing of $pouse: the law does not re8uire that both the parties to the marriage had
conspired to eliminate the spouse that is an obstacle to their marriage= .he marriage is
#oid! e#en if only the 7iller had that intention and the other party was unaware of that
6 the person who 7ills his spouse or the spouse of the other party re#eals a
complete moral per#ersion and absolutely dis8ualifies him to another marriage%
principles of ethics
6 code re8uires that moti#e of 7illing spouse must be to marry a particular person
who becomes the party of the subse8uent marriage
1riminal con#iction: under the 11 the author must ha#e been found guilty%91 does not
e5pressly re8uire this%what is important is that the 7illing be for the purpose of
remo#ing a spouse that is an obstacle to contemplated marriage%can be pro#en in a
ci#il case by preponderance of e#idence%to declare marriage #oid ab initio
Art 3': a"tion or defense for the de"#aration of n%##it! of marriage sha## not
res"ribe(before the )*(and fa##ing %nder art 36(s%"h a"tion or defense sha##
res"ribe in ten !ears after this "ode ta+es effe"t
Art ,-: fina# .%dgment de"#aring revio%s marriage void /need for .%di"ia#
9inal 3udgment: w<o such final 3udgment! the pre#ious #oid marriage would constitute
an impediment to the remarriagem and a marriage license may be denied
6 when not re#ealed in the application of marriage license%will absence of
3udgment in#alidate second marriage@ Awhen second marriage has all the
elements ma7ing it #alid%it cannot be in#alidated%since #oid marriage can be
established since it can be attac7ed collaterally%this only applies in obtaining
marriage license
Art ,1: s%bse2%ent marriage(n%## and void /%n#ess before marriage so%se in
absent for , "onse"%tive !ears(de"#aration of res%mtive death of so%se 34o
re.%di"e to reaearan"e of absent so%se0
&rior #oidable marriage: if not 3udicially declared null and #oid still #alid and subsisting
$tatus of subse8uent marriage: bigamous and #oid if there is subsisting first marriage;
e5ception! if spouse absent for four consecuti#e years of for two years under special
&eriod of absence: 116 B years for presumption of death
91: : years
11; reduced to four years and 91: " years in the following cases:
a) when spouse on board a #essel lost during sea #oyage or an airplane missing
b) armed forces ta7ing part in a war and has been missing for " years
c) in danger of death under certain circumstances and has not been 7nown for "
Good 9aith: period of absence to rise presumpti#e death is mandatory= It cannot be
shortened on the basis of good faith of the spouse present%if this happens! the
marriage would still be null and #oid
Meaning of absent spouse: absent resulting from lea#ing or deserting the spouse
present 2 the spouse present can remarry
,urden of proof: when a person has entered into two successi#e marriages! a
presumption arises in fa#or of the #alidity of the second marriage and the burden is on
the party attac7ing the #alidity of the second marriage to pro#e that the marriage had
not been dissol#ed
Art ,5: reaearan"e of the absent so%se /affidavit of reaearan"e0(
a%tomati"a##! terminating the s%bse2%ent marriage(%n#ess there is .%di"ia#
de"#aration ann%##ing the revio%s marriage or de"#aring it void ab initio
$tatus of the subse8uent marriage: when contracted in good faith 2after : years of
absence) is #alid; not a#oidable marriage
6 if acted in bad faith%the marriage is #oid ab initio
6 if spouse present only acted in bad faith%marriage null and #oid and bigamous
6 if present spouse acted in good faith and the other party acted in bad faith: will
not affect the #alidity of the marriage but pro#isions of Art :' will operate against
him 2re#ocation of donations)
termination of subse8uent marriage: 11; this marriage is #oidable%annulled by 3udicial
91: 3udicial proceeding is not necessary%terminating of the marriage by the mere
recording in the ci#il registry of an affida#it attesting tio the reappearance of the
absentee at the instance of an interested personC
Dudicial termination: the termination by affida#it does not preclude the filing of an action
in court to pro#e the reappearance of the absentee 2e#en ad#isable)
Ehen no Action is ta7en: mere reappearance w<o step ta7en to terminate subse8uent
marriage: marriage will still be #alid
6 reappearing spouse could not himself enter into another marriage
6 law admittedly gi#es legal effect to the second marriage as between the parties
to it! until it is terminated
6 the de facto separation between the spouses of the first marriage would thus
ha#e the same effect as legal separation! in which the marriage tie e5ists but the
rights and obligations of the spouse to each other! as well as the con3ugal
partnership are e5tinguished to be re#i#ed only in case of reconciliation%but in
this case reconciliation or reunion cannot legally be effected e5cept by the
termination of the second marriage 2absence cause suspension of legal effects of
marriage as to him as long as the second marriage subsists)
Art ,3: termination of the s%bse2%ent marriage referred in re"eding art
/"onse2%en"es or #ega# effe"ts0
Art ,,: both a"ting in bad faith to enter in the said s%bse2%ent marriage 6 void ab
initio /a## donations and testamentar! disositions revo+ed0
*issolution by death: the effects of a #alid marriage shall arise%good or bad faith of
parties can no longer be raised! since it cannot be 8uestioned 2annullable or #oidable
marriage) e5cept in direct action for annulment
6 if both acted in bad faith 2#oid ab initio) it can be attac7ed collaterally%effects in
Art :: apply e#en if dissolution is by death of one of the spouses
Art ,5: gro%nds for ann%##ab#e marriages
Action to annul marriage: action in rem%concerns the status of persons and status
affects and binds the whole world
6 3urisdiction depends upon the nationality or domicile of the parties not the place
of the celebration of the marriage
Annulment and -egal $eparation
A++F-ME+. -EGA- $E&ARA.I)+
6 caused by some circumstance
e5isting at the time of marriage
6 terminates the marital bond
between the parties
6 once final! cannot be set aside so
as to restore the marital relation
6 caused by some circumstance that
arise after the celebration of the
6 does not terminate marital bond
6 may be terminated and marital
relations resumed by the
reconciliation of the parties
2Guestion: Ehat is annulled but reconciled@ )
Eant of &arental consent: absence of parental consent 2between 10 and "1 years of
age) renders the marriage #oidable it may howe#er! be ratified and may become #alid
when the party whose parent did not consent to the marriage continues! after reaching
the age of twenty one to cohabit with the other as husband and wife
&arty of Fnsound Mind: marriage s annullable if either party by reason of defect or
disease of the mind was incapable of intelligently consenting 2insanity)
6 test is whether at the time of marriage party was capable of understanding the
nature and conse8uences of the marriage%not sufficient mentality to measure
up to the responsibility of rearing children etc=
6 insanity must e5ist during the time of the marriage! to a#oid it! neither prior nor
subse8uent insanity being sufficient
Eea7ness of mind: mere mental wea7ness! if it does not depri#e the party of capacity to
understand and appreciate the conse8uences of the step he is ta7ing! does not affect
the #alidity of the marriage 2neither insane delusions or impulses e5= ?leptomaniac)6 if
he was otherwise normal during marriage
,urden of proof: presumption in fa#or of sanity: he who alleges the insanity of another
has the burden of pro#ing it but once general insanity is pro#ed to e5ist! it is presumed
to continue and if a reco#ery or a lucid inter#al is alleged! the burden to pro#e such
allegation is on the person ma7ing it
Into5ication: a marriage may be annulled where one of the parties was so into5icated he
or she had no mental capacity to gi#e a #alid assent%but where the into5ication was
not such as to depri#e the party of his reason! annulment was refused
Ratification: insane: ratification after gaining reason; no right of action is gi#en to the
sane spouse 2he 7new insanity of the other party and is placed in estoppel; but if he did
not 7now insanity he can be gi#en right of action any time before death of spouse; no
pro#ision that he ratifies the marriage by continually cohabiting with insane spouse after
learning of such insanity%this does not prescribe
6 or in#o7e art 'H of the 1ode 2psychological incapacity)
Marriage through fraud: contract of marriage is more difficult to a#oid because of the
fraud than are ordinary contracts
91 limits cases of fraud that are annullable%restricti#e enumeration%not other case of
fraud may be admitted 2Art :H)
9orce or Intimidation: the duress or force must be one as to pre#ent the party from
acting as a free agent! his will being destroyed by fear or compulsion 2to be ground for
6 fear of death or bodily harm 2#oidable)
6 when man is compelled to marry a girl under threats of imprisonment under a
#oid process or false charge 2annullable)
6 if marriage was entered into to escape certain punishment for seduction! it
cannot be annulled e#en if secured through threats of prosecution for the crime
of which the party is guilty
6 a duress can not be said to ha#e induced the marriage where the induced party
had sufficient time and opportunity for deliberation and reflection after the time
when the alleged duress was e5erted and before the time when the marriage
ceremony was performed
&hysical Incapacity: to be ground for annulment:
a) incapacity e5ists at the time of the marriage
b) such incapacity continues to the time when the case for annulment is being tried
c) it appears to be incurable
d) must be un7nown to the contracting party
impotence due to old age: cannot be annulled
if capacity can be remedied through treatment or surgical operation: not
test is ability to copulate! clac7 of capacity for se5ual act and not merely
.riennial 1ohabitation: if the wife be a #irgin and apt after three years of cohabitation
the husband will be presumed impotent and the burden will be upon him to o#ercome
the presumption and does not pre#ent impotency to be pro#ed by any other proper
Action ,arred:
a) if the other party had 7nowledge of the incurable impotence before the marriage!
because this would imply that he renounces copulation which is a personal right
b) if both spouses are impotent and such impotence e5isted before marriage!
continues and appears to be incurable since in this case the impotent could not
ha#e e5pected to copulate with the other spouse
$e5ually .ransmissible *isease: re8uisites:
a) must e5ist at the time of marriage
b) *isease found to be serious
c) Appears to be incurable
d) It was un7nown to the other party when the marriage was solemni4ed
Reason: danger for the health of the spouse and the children
&re3udicial Guestion:case for annulment of marriage can be considered a pre3udicial
8uestion to a bigamy case to show that consent to the second marriage was obtained
by duress! #iolation or intimidation
Ratification of (oidable mArriage: #oidable marriage sub3ect to ratification through
continued #oluntary cohabitation by the party entitled to bring the action for nullity the
case of nullity has ceased to e5ist
6 Ehen cohabitation has continued for such a length of time! after the cause of
nullity has ceased to e5ist! as to gi#e rise to a reasonable inference that the party
entitled to bring the action for nullity prefers to continue with the marriage! there
is ratification which purges the marriage of its original defect%marriage becomes
&ER9E1.-; (A-I*%subse8uent change of mind of the party formerly entitled
to bring the action will not re#i#e the nullity e#en if prescribed period has not yet
6 RA.I9I1A.I)+: right of action itself
6 &RE$1RI&.I)+: refers to remedy%there can be no remedy if there is no more
right of action
Marriages not sub3ect to ratification:
a) )ne spouse Incurably impotent
b) )ne spouse with incurable $.*
RA.I9I1A.I)+ cures a defect in consent it cannot cure a physical defect
c) Marriage where a sane spouse marries an insane spouse without 7nowledge of
the insanity%sane spouse cannot be barred from as7ing for annulment e#en if
he has continued to cohabit with the insane spouse after learning of such insanity
AR7 ,6: fra%d in marriage
Effect of Article: fraud must relate to some facts material to the marital relation not
accidental matters such as health! ran7! fame! fortune! habits etc
6 ,ut where fraud relates to essential matters affecting health or well6being of
parties themsel#es or offsprings from the marriage it had been held sufficient
6 &resent article enumerates the only case which will be accepted as fraud
sufficient to annul marriage
1on#iction of crime: re8uisites:
a) .h e crime in#ol#es moral turpitude
b) .here has been a con#iction
1oncealment of pregnancy: a woman who is pregnant by another but misrepresents her
condition! gi#es the husband a good ground for a#oiding the marriage
6 ,ut when husband 7new she was pregnant! the marriage cannot be annulled
6 Ehere a child was born less than three months after the celebration of marriage!
the $1 refused to annul the marriage! for the reason that the woman was at an
ad#ance stage of pregnancy at the time the marriage and such condition must
ha#e been patent to the husband
6 Ehere a man had se5ual intercourse with his wife before the marriage ad she is
pregnant at the time of marriage! although he may not be the author of the
pregnancy! the marriage will not be annulled
*eceit as to paternity: when woman pregnant and ma7es a man belie#e he is the father
%allowing annulment 2before not allowed since he should ha#e in#estigated and pro#en
the fact that he is the father)
1hastity of wife: mere inconsistence in a woman prior to marriage! not resulting in
pregnancy does not necessarily pre#ent her from being a faithful wife
6 Marriage cannot be annulled simply on the ground that the wife concealed the
fact that she had been lewd and corrupt and had an illegitimate child born prior to
the marriage
+) intent to consummate: se5ual intercourse is a marital obligation not only a right
6 Annulment should be granted in case where the party to the marriage determines
that he or she will not engage in se5ual intercourse after the marriage without
disclosing the determination to another and carries it out
6 Iowe#er! in our law this is not a ground for annulment%not enumerated in the
present article
1oncealment of diseases: se5ually transmissible disease
6 *isease need not be serious or incurable
6 1oncealed regardless of nature%constitutes an element of fraud in obtaining
consent of the other party
6 If the disease fall sunder Art :/ it cannot be ratified by continued cohabitation
6 If it falls under this art par '6 it can be ratified if the party after 7nowing about the
disease continues to cohabit with the party
Effect of 1ure: the reco#ery or rehabilitation will not bar the action for annulment! the
defect is not the disease but the fraud which #itiated the consent of the other party
2alcoholism! drug addiction)
Art ,$: 3ho "an fi#e for a"tion for ann%#ment8
&rinciple of estoppels in annulment: if sane person 7nows about the insanity of the
other; when one 7nows about the incurable impotence of the other party! when the
other party 7nows about the $.* of the other 2during time of marriage) %cannot be
Ratification and prescription: RA.I9I1A.I)+: cures defect e5isting at the time of the
marriage nad #alidates the marriage while &RE$1RI&.I)+ bars the remedy because
of the lapse of the period pro#ided by law for bringing the action to annul
After a #oidable marriage has been ratified! it can no longer be set aside e#en if the
prescripti#e period has not yet e5pired
AR7 ,&: so#i"itor or fis"a#9s ro#e in ann%#ment "ases
6 .o pre#ent collusion between parties
6 .o emphasi4e that marriage is more than mere contract; it is a social institution in
which the state is actually interested! so that its continuation or interruption can
not be made to depend upon the parties themsel#es
Effect of collusion: e#ery collusion to attain a decree of annulment or legal separation is
#oid and of no effect%this would be against public policy
Art ,': s%ort of so%se and "%stod! of "hi#dren d%ring enden"! of "ase(
aramo%nt "onsideration to the 3e#fare and "hoi"e of arent of "hi#dren and
rovide aroriate visitation rights to arents
Eritten agreement between spouses: gi#en opportunity to put into written agreement for
their support and custody of children
If the court finds that agreement are insufficient the court will pro#ide necessary
Ehen child is o#er B years old%its choice of the parent with whom he will stay is gi#en
due consideration and ordinarily followed by the court unless the parent chosen by the
child is unfit to ha#e custody
Art 5-:51: effe"ts on roert! re#ations and "hi#dren
Art 55: .%dgments /marriage; roert!(re"orded in the "ivi# registr!0
Art 53: remarriage on#! after a""om#ishment of re2%irements on re"eding art
Art 5,: #egitimate "hi#dren(born before ann%#ment of marriage< "hi#dren born in
s%bse2%ent marriage(#egitimate
Fniformity of 3udgment: effects of #oid ab ignitio marriages and #oidable marriages or
termination of subse8uent marriage after reappearance of absent spouse:
a) .here will be li8uidation! partition and distribution of the properties of the spouses
-IGFI*A.I)+: in#entory of properties and payment of obligations of the spouses
and of the marriage
&AR.I.I)+: process in which the remaining properties will be di#ided into the
#arious portions to be allocated to all the parties%classified into capital of the
spouses and the net profits in the marriage
+et profits%in the absolute community is the increase in the #alue of the
properties of the spouses from the celebration of the marriage to the time of its
termination; while the net profits in con3ugal partnerships of gains are all the fruits
of the separate properties of the spouses and the products of their labor and
*I$.RI,F.I)+: deli#ery to the spouses and the children! in the proper cases! of
the shares or properties allocated to them respecti#ely in the partition
b) *etermining the share of each spouse in the properties of the marriage%in
consideration of good faith of spouse to the spouse in bad faith
c) 1hildren concei#ed or born before the 3udgment becomes final are considered
legitimate; custody and support; legitime of children 2as if inheriting from parent
who died%1<" of the estate of the parent%ad#ances on their inheritance)
d) Innocent spouse may re#o7e ethe designation of the spouse in bad faith as
beneficiary in the formerJs life insurance policy
e) $pouse in bad faith shall be dis8ualified to inherit from the innocent spouse e#en
under will or testament
f) .he con3ugal dwelling and the lot in which it is built will be gi#en to the spouse
with whom the common children choose to remain! unless the parties agree
g) If both acted in bad faith%all donations by reason of marriage from one to
another and all testamentary pro#isions made b one in fa#or of the other are
re#o7ed by operation of law
h) Dudgment! the partition and distribution of the properties of spouses and the
deli#ery of childrenJs presumpti#e legumes shall be recorded in the appropriate
ci#il registry
i) After all the foregoing! the former spouses are free to marry again! otherwise
subse8uent marriage shall be null and #oid
Effect of bad faith: his or her in the net profits of the absolute community or con3ugal
property shall be forfeited to the common children of the guilty spouse or the innocent
spouse in that order; common shildren not limited in their presumpti#e legitime from him
or her
-iability for damages: basis of the liability will be the commission of an unlawful act or
bad faith 2art "> and "1 of 11 can ser#e as basis for an action for damages)
Ehere a third party is responsible for the fact which in#alidates the marriage! it is
submitted that such third person would be liable for damages to the in3ured party or