How to impugn

Nature/kind of attack
Who may file action

Prescription

Property Regime
Effect on legitimacy of children

Custody of the Child

Grounds

VOID
Declaration of nullity
Marriage has no legal
effect/direct or collateral
Any interested party

Imprescriptible; even after death

of spouses

Co-ownership
Illegitimate except if ground is
psychological incapacity (Art. 36)
in which case same rule as ->
Gen. Rule: Mother (7 years and
below, tender years
presumption)
Xpn: if found unfit

Absence of Formal or Essential

Requisites:
Essential requisites:
(1) Legal capacity, must be
a man and a woman

VOIDABLE
Petition for annulment
Valid until annulled/direct only
1.

Party below 18 5 years from

becoming 21 (until 26 years
old!)
2. Guard/parent before child
turns 21
3. Unsound mind after lucid
interval
4. Sane party if unaware that
other is insane
5. Guardian of insane
6. Fraud 5 years after
discovery of fraud
7. Force 5 years after cessation
of force
8. Physical incapacity, STD 5
years from marriage
5 years from the time of discovery of
fraud/removal of force, etc. (see above)
For Art. 45(2) anytime during lifetime
because insanity may occur anytime.
ACP or CPG
Conceived and born before decree
declaring nullity becomes final are
legitimate; after, illegitimate
Court will decide if without written
agreement between parties.
Below 7 years old mother
Above 7 years old childrens choice is
taken into consideration; unless choice
is unfit

Art. 45
(1) Contracted in ages 18-21
without consent of
parents/guardians
(2) Either party was of Unsound
mind

LEGAL SEPARATION
Petition for legal separation
Marriage bonds subsists; separation of bed and
board/direct
Only the spouses

DE FACTO SEPARATION
No legal separation

5 years from occurrence of grounds for legal

separation

ACP or CPG
Legitimate

During pendency: Apply Art. 49 (custody and

support to be provided by the court, taking into
account moral and material welfare of children
and their choice of parent)
After: custody awarded to innocent spouse; take
into account Art. 213 parental authority to be
designated by the court, with all relevant
considerations, esp. choice of children over 7
Art. 55
(1) Repeated physical abuse of petitioner,
common children or petitioners
children
(2) Moral/physical pressure to change
moral/religious beliefs

ACP or CPG
Legitimate

(2) Consent freely given in

presence of the
solemnizing officer
Formal requisites:
(1) Authority of
solemnizing officer
Authorizing officer:
Incumbent member of judiciary;
priest/rabbi etc. authorized, ship
captain/plane chief (AM) military
commander (AM), consul
general (outside Ph)
(2) Valid marriage licenses
except for (a) articulo
mortis (b) located
somewhere with no
means of
transportation to
appear personally (c)
living five years without
legal impediment
Marriage licenses:
Who issues LCR of habitual
residence of either party
consular if parties are abroad;
contents, see Art. 12
(3) Marriage ceremony in
the presence of the
solemnizing officer and
two witnesses where
parties take each other
as husband and wife
Marriage ceremony: no
prescribed form but parties,
witnesses, solemnizing officer
must appear personally, MC
signed
Art. 35
(1) Below 18 even with
parental consent
(2) Solemnized by person
not legally authorized
except when

(3) Consent was due to fraud

(4) Consent was due to force,
intimidation, undue influence
(5) Either party was physically
incapable of consummating
marriage, continuous,
incurable
(6) Either party afflicted with
serious and incurable STD
Art. 42
(7) Reappearance of
presumptively absent/dead
spouse
In cases under 1-4, unless after
reaching 21, coming to reason,
discovery of fraud, cessation of FUI,
freely cohabitated
What is fraud under no. 3 above?
Based on Art. 46: nondisclosure/concealment of
(a) conviction of crime involving
moral turpitude,
(b) prior pregnancy with person
not the husband
(c) STD, regardless of nature,
existing at time of marriage
(d) Addiction, habitual
alcoholism,
homosexuality/lesbianism
On absence:
Declaration of presumptive may be had
for purposes of contracting subsequent
marriage after 4 years (normal
circumstance); 2 years (in danger of
death); must be done in good faith!!!
Effects of reappearance, good faith:
- children legitimate before
reappearance
- ACP or CPG liquidated and dissolved
- donations by reason of marriage valid
Effects of reappearance if bad faith

(3) Attempt to induce petitioner or

children to prostitution or connivance
in such act
(4) Final judgment more than six years
even if pardoned
(5) Drug addiction, habitual alcoholism
(6) Lesbianism or homosexuality
(7) (Subsequent) Bigamous marriage
(8) Sexual infidelity or perversion
(9) Attempt at life
(10) Abandonment without justifiable cause
Art. 97 of CC
(11) Adultery or concubinage
(12) Attempt at life
Note that Attempt at life is repeated twice but for
purposes of memorizing. Mnemonics, just write
and remove na lang after.
Legal Separation L S Law Scholar
Who is the best candidate for a Legal Scholar?
DA MR. FALABASA (The one who reads often)

(3)
(4)

(5)
(6)

contracted with good

faith that he has
authority
No marriage license
(but with exceptions)
Bigamous, polygamous
(except presumptively
absent)
With mistake as to
identity
Did not comply with
Art. 53 or did not
record decree of
nullity, partition etc. of
previous marriage
before contracting
another one

Art. 36
(7) Psychologically
incapacitated
Art. 37
(8) Incestuous marriages
ascendants and
descendants; between
full and half siblings
Art. 38
(9) Void under public
policy 4th degree
collateral blood
relatives, stepparents/step-children,
parents-inlaw/children-in-law;
adopted
parents/children;
surviving spouse of
adopter/adopted child,
adopted and legitimate
children, adopted
children of same
adopter, person who
killed spouse with
intention to marry
another
Art. 44

- share in ACP/CPG of guilty spouse will

be forfeited in favour of the common
children, guilty spouses children,
innocent spouse
- donations by reason of marriage
invalid
- innocent spouse may revoke
designation as beneficiary even if
irrevocable insurance policy
- guilty spouse cannot inherit by
testate/intestate

(10) Subsequent marriages

contracted in bad faith
thru presumptive
death
Defenses or ratification

Convalidation or revalidation

Cannot be ratified

Not possible, void from

beginning

Can be ratified:
Without parental consent; unsound
mind, fraud, force, undue influence,
intimidation by freely cohabitating;
note that the party who was in unsound
mind is the one who needs to ratify
because he was the one who was not
totally free when he gave consent
Cannot be ratified:
Physical incapacity and STD because
incurable
By cohabitating freely except in the
case of physical incapacity and STD

4CRP
C condonation
C connivance between spouses (example both
prostituted their child o.o )
C consent
C collusion (agreed to be legally separated)
R recrimination (both have dirty hands, each
party is guilty of one ground)
P prescription (5 years)

Joint manifestation under oath filed in the same

court where they obtained legal separation
Effects:
(1) If action for LS still pending shall be
terminated at any stage
(2) If previously granted decree is set
aside but separation of property and
forfeiture of share of guilty spouse
subsists unless they agree to revive
former regime