COLLEGE OF LAW

IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR CIVIL LAW REVIEW 1:

TOPIC

COMPREHENSIVE RESEARCH ON THE CHARACTERISTICS , FEATURES AND CONSEQUENCES OF

VOID MARRIAGES IN RELATION TO THE RIGHTS AND OBLIGATIONS OF SPOUSES , LEGAL

SEPARATION , PROPERTY RELATIONS , FAMILY RELATIONS , STATUS OF CHILDREN , SUPPORT ,

PARENTAL AUTHORITY , AND OTHER RELEVANT AND RELATED TOPICS UNDER THE FAMILY C ODE

OF THE PHILIPPINES .

SUBMITTED BY: SUBMITTED TO:

KRISTINE V. MAGBOJOS DEAN MARCIANO DELSON
L-160013
4D (A.Y. 2020-2021)
 The famiy, being the foundation of the nation, is a basic social
institution which public policy cherishes and protects 1. But what happens
when family relations are being formed under a void-ab-initio marriage?

The Family Code of the Philippines provides for different kinds of void
marriages. Laid out in the succeeding paragraphs are the list and its
corresponding impact on different subject matter under family relations such
as support, status of children, property regime, donation propter nuptias,
marriage settlement, right to succession, rights and obligations, support,
parental authority and custody, use of surname, family home, and paternity
and filiation.

THOSE VOID FROM THE BEGINNING, EXCLUDING ART. 35 (4) FC

Article 35. The following marriages shall be void from the beginning:
1) Those contracted by any party below eighteen years of age even
with the consent of parents or guardians;
2) Those solemnized by any person not legally authorized to
perform marriages unless such marriages were contracted with
either or both parties believing in good faith that the solemnizing
officer had the legal authority to do so;
3) Those solemnized without license, except those covered the
preceding Chapter;
4) XXXX
5) Those contracted through mistake of one contracting party as to
the identity of the other; and
6) Those subsequent marriages that are void under Article 53.

In connection with the above provision, jurisprudence has provided

additional examples of void marriages which can be categorized under this
kind, to wit:
• Marriages of persons of the same sex2

1 Art. 149 FC
2 In relation to Art. 1 FC
 • Proxy marriages or marriages celebrated through video conferencing 3
• Marriages where the parties merely signed a marriage contract,
without the presence of a solemnizing officer4

As to its effect on marriage settlement, the rule on marriage settlement

does not apply to void marriages because there is no marriage to speak of.
However, stipulations that do not depend upon the celebration of the
marriage shall be valid5. Rights and Obligations under Articles 68 to 73 of
the Family Code shall likewise not apply after the issuance of the decree of
the nullity of the marriage. After the declaration of nullity of the marriage, the
former spouses are not obliged to live together.

Since this is a void marriage, the following rules will apply on their parties’
property relations: Except for a marriage contracted by a party or parties
below eighteen (18) years old, the property regime of unions without
marriage is a special co-ownership under Article 147 of the Family Code.

Art. 147. When a man and a woman who are capacitated to marry each
other, live exclusively with each other as husband and wife without the
benefit of marriage or under a void marriage, their wages and salaries
shall be owned by them in equal shares and the property acquired by both
of them through their work or industry shall be governed by the rules on
co-ownership.

In the absence of proof to the contrary, properties acquired while they

lived together shall be presumed to have been obtained by their joint
efforts, work or industry, and shall be owned by them in equal shares. For
purposes of this Article, a party who did not participate in the acquisition
by the other party of any property shall be deemed to have contributed
jointly in the acquisition thereof if the former’s efforts consisted in the care
and maintenance of the family and of the household.

3 In relation to Art. 2 (2) FC

4 Morigo v. People, G.R. No. 145226, February 6, 2004
5 Art. 81 FC
 Neither party can encumber or dispose by acts inter vivos of his or her
share in the property acquired during cohabitation and owned in common,
without the consent of the other, until after the termination of their
cohabitation.

When only one of the parties to a void marriage is in good faith, the
share of the party in bad faith in the co-ownership shall be forfeited in
favor of their common children. In case of default of or waiver by any or
all of the common children or their descendants, each vacant share shall
belong to the respective surviving descendants. In the absence of
descendants, such share shall belong to the innocent party. In all cases,
the forfeiture shall take place upon termination of the cohabitation.

In Article 147, the man and woman must at least be eighteen (18) years
old; or the marriage is not bigamous; or does not fall under Articles 37 and
38 of the Family Code.

With regards to the status of the children conceived and born during this
void marriage, particularly Article 35 (1), (2), (3), (5) of the Family Code is
illegitimate in consonance with Article 165 of the same code which provides
that children conceived and born outside a valid marriage are illegitimate.
However, for Aricle 35 (5), the child is legitimate in accordance with Article
54 which states that children conceived or born before the judgment of
annulment or absolute nullity of the marriage under Article 36 has become
final and executory shall be considered legitimate. Children conceived or
born of the subsequent marriage under Article 53 shall likewise be legitimate.

As to provision of support, generally, Article 194 of the Family Code

comprises everything indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation, in keeping with the
financial capacity of the family.
 The education of the person entitled to be supported referred to in the
preceding paragraph shall include his schooling or training for some
profession, trade or vocation, even beyond the age of majority.
Transportation shall include expenses in going to and from school, or to
and from place of work.

In void marriages, spousal support ceases after issuance of a final

judgment granting the petition for declaration of nullity of marriage. Article
198 of the Family Code states: during the proceedings for legal separation
or for annulment of marriage, and for declaration of nullity of marriage, the
spouses and their children shall be supported from the properties of the
absolute community or the conjugal partnership. After the final judgment
granting the petition, the obligation of mutual support between the spouses
ceases. However, illegitimate children are entitled to support6. This is also
the letter found in Article 195 which provides that despite the nullity of
marriage, parents and their illegitimate children are obliged to support each
other.

Either parent or both may be ordered by the court to give support to their
children. Amount of support shall be in proportion to the resources or means
of the giver and to the necessities of the receiver7. Child support may also
be contractual or based on the will of the obligor or agreement of the parties.
Support pendente lite. After filing of action for the declaration of nullity of her
marriage, a party may pray for support pendente lite prior to the rendition of
judgment. Section 1, Rule 61 of the Rules of Court states that at the
commencement of the proper action or proceeding, or at any time prior to
the judgment or final order, a verified application for support pendente lite
may be filed by any party stating the grounds for the claim and the financial
conditions of both parties, and accompanied by affidavits, depositions or
other authentic documents in support thereof.

6 Art. 176 FC
7 Art. 201 FC
 Parental authority and custody belongs to the mother over the
illegitimate children8. This rule applies even if the ffather admits paternity.
Article 176 provides that illegitimate children shall use the surname of their
mother.

However, illegitimate children may use the surname of their father if their
filiation has been expressly recognized by the father through the record of
birth appearing in the civil register, or when an admission in a public
document or private handwritten instrument is made by the father. Provided,
the father has the right to institute an action before the regular courts to prove
non-filiation during his lifetime. The legitime of each illegitimate child shall
consist of one-half of the legitime of a legitimate child.

Despite the termination of marital relations between the former spouses,

family relations still exist between parents and children 9. Hence, the rule on
Art.151 can still be applied.

Rules on Paternity and Filiation dictates that children conceived and

born outside a valid marriage are illegitimate 10 , Illegitimate children may
establish their illegitimate filiation in the same way and on the same evidence
as legitimate children11. The action must be brought within the same period
specified in Article 173, except when the action is based on the second
paragraph of Article 172, in which case the action may be brought during the
lifetime of the alleged parent.

THOSE VOID FROM THE BEGINNING ART. 35 (4) FC

Article 35. The following marriages shall be void from the beginning:
XXXX
(4) Those bigamous or polygamous marriages not falling under Article
41;

8 Art. 176 FC
9 Art. 150 FC
10 Art. 165 FC
11 Art. 175 FC
 XXXX

This kind of void marriage falls on the a subsequent marriage which

was celebrated during the subsistence of a valid previous marriage; hence,
it is bigamous. Yes. The first valid marriage can properly be a subject of legal
separation on the following grounds:
• Article 55 (7) FC - contracting by the respondent of a subsequent
bigamous marriage, whether in the Philippines or abroad; and/or
• Article 55 (8) FC - sexual infidelity or perversion

The marriage being bigamous is void, hence, the provisions of marriage

settlement cannot be given effect with regards to their stipulated property
relations since the property regime of the said marriage is co-ownership
under Article 148 FC. However, stipulations that do not depend on the
marriage such as acknowledgement of paternity shall remain valid 12.

On rights and obligations, after declaration of nullity of void marriage,

the spouses are no longer required to live together, to observe mutual love,
respect and fidelity, and to render mutual help and support. As to their
children, duty to provide support is based on family ties or relationships under
Article 195 FC so it subsists even after declaration of nullity of void marriage.

The scope of support between spouses after declaration of nullity of

marriage, obligation of mutual support ceases13. As to their children, parents
and their children (whether legitimate or illegitimate) and the latter’s children
(whether legitimate or illegitimate) are obliged to support each other 14.

Support of illegitimate children of either spouse is the liability of the

exclusive or separate property of the illegitimate parent concerned15. In the
absence or insufficiency of exclusive property of the parent, it shall be

12 Art. 81 FC
13 Art. 198 FC
14 Art. 195 (3) (4) FC
15 Art. 197 FC
advanced by the absolute community (first valid marriage) 16 or by the
conjugal partnership (first valid marriage) only if other responsibilities in
Article 121 have already been covered17.

The property relations will be governed as follows:

• On wages and salaries: belong to those who earned it exclusively 18
• On money, property or industry actually contributed by the spouses:
Co-ownership under Article 148 -
o In proportion to their respective actual joint contributions (pro-
rata share)19; OR
o Share deemed equal20

• BUT in order for the foregoing to apply, proof of actual contribution

is required21. If the actual contribution of the party is not proved,
there will be no co-ownership and no presumption of equal shares22

• Article 148 applies even if the adulterous cohabitation commenced

prior to the effectivity of the Family Code because this provision was
intended precisely to fill up the hiatus in Article 144 of the Civil
Code23.

As to the status of children, they are illegitimate as provided under Article

165. The parental authority and custody belongs to the mother 24 .
Illegitimate Father not entitled to custody even if he admits paternity25. He
can only be granted visitation rights26.

16 Art. 94 (9) FC
17 Art. 122 (3) FC; Dewara v. Lamela, G.R. No. 179010, April 11, 2011; Pana v. Heirs of Jose Juanite, Sr., G.R. No.
164201, December 10, 2012
18 Art. 148 FC; Carino v. Carino, G.R. No. 132529, February 2, 2001
19 Valdez v. RTC, G.R. No. 122749, July 31, 1996
20 Lavadia v. Heirs of Juan Luces Luna, G.R. No. 171914, July 23, 2014
21 Atienza v. De Castro, G.R. No. 169698, November 29, 2006; Lavadia v. Heirs of Juna Luces Luna, G.R. No. 171914,

July 23, 2014

22 Agapay v. Palang, G.R. No. 116668, July 28, 1997
23 Tumlos v. Fernandez, G.R. No. 137650, April 12, 2000
24 Art. 176 FC; Briones v. Miguel, G.R. No. 156343, October 18, 2004
25 Briones v. Miguel, G.R. No. 156343, October 18, 2004
26 Silva v. CA, G.R. No. 114742, July 17, 1997
Right to exercise parental authority and custody of the mother also includes:
• Duty of representation of their unemancipated children in all matters
affecting their interests27
• Duty to give or withhold consent
• Right to discipline the child
• To be legal guardian over property of minor children

As to the use of surname, the general rule is that illegitimate children have
the right to use the surname of the mother28. As an exception, they can use
the right to use illegitimate father’s surname if:
• His or her filiation has been expressly recognized by the father through
the record of birth; OR
• Admission of paternity is made by the father in a public document or
private handwritten instrument29

Rules on paternity and filiation are as follows: as a strictly personal right,

only the husband can impugn the child’s legitimacy or in exceptional cases,
his heirs30.

Under Article 168:

• If the child is born within 300 days after termination of previous
marriage and the mother contracted another marriage within the same
period:
o Child belongs to the first marriage and first husband is the father
if the child is born -
▪ BEFORE 180 days after solemnization of second
marriage; AND
▪ Within 300 days after termination of previous marriage
o Child belongs to the second marriage and second husband is the
father if child is born AFTER 180 days following the celebration

27 Art. 220 (5) FC

28 Art. 176 FC
29 Art. 176 FC, as amended by RA 9255
30 Liyao v. Tanhoti-Liyao, G.R. No. 138961, March 7, 2002
 of the second marriage, even if born within 300 days after
termination of the previous marriage

Article 151 will still apply because the enumeration in Article 150 on what
constitutes family relations still includes those between parents and children,
other ascendants and descendants, and among brothers and sisters whether
full or half-blood.

Judicial declaration of nullity retroacts to the date of its celebration31. It

has the following effects:
• Donation propter nuptias are revocable at the instance of the donor32
• Designation as insurance benificiary, if stipulated as irrevocable,
33
the insured cannot change despite the marriage being void ;
otherwise, it may be revoked by the insured.
• Right to inherit
o Between spouses:
▪ Intestate succession – cannot inherit
▪ Testamentary succession – remain valid
o As to their illegitimate child:
▪ Considered as intestate heir and compulsory heir with a
legitime of ½ of a legitimate child

Family home cannot be constituted in cases of bigamous marriage

not falling under Art. 41 FC because Art. 156 FC provides that the family
home must be part of the properties of absolute community or the conjugal
partnership or the exclusive property of either spouse with the latter’s
consent34.

It cannot be established on property held in co-ownership with third

persons. Since property relation between parties in a bigamous marriage is

31 Tenebro v. CA, G.R. No. 150758, February 18, 2004

32 Art. 86 (1) FC
33 Sec. 11, Insurance Code
34 Kelley, Jr. v. Planters Products, Inc., G.R. No. 172263, July 9, 2008
being governed by Article 148 FC, rules on co-ownership apply as their
property regime.

Article 152 FC provides that the family home may only be constituted
by the husband and wife, jointly or by an unmarried head of the family. There
is nothing in the provision that can be applied in cases of void bigamous
marriage.

VOID BY REASON OF PUBLIC POLICY

Article 38. The following marriages shall be void from the beginning for
reasons of public policy:
1) Between collateral blood relatives whether legitimate or
illegitimate, up to the fourth civil degree;
2) Between step-parents and step-children;
3) Between parents-in-law and children-in-law;
4) Between the adopting parent and the adopted child; Between the
surviving spouse of the adopting parent and the adopted child;
5) Between the surviving spouse of the adopted child and the
adopter;
6) Between an adopted child and a legitimate child of the adopter;
7) Between adopted children of the same adopter; and
8) Between parties where one, with the intention to marry the other,
killed that other person's spouse, or his or her own spouse

The provisions of marriage settlement cannot be given effect with

regards to their stipulated property relations since the property regime of the
said marriage is co-ownership under Article 147, for paragraphs 1-7 and 148,
for paragraph 8. As an exception, stipulations that do not depend on the
marriage such as acknowledgement of paternity shall remain valid 35.

With regards to their rights and obligations, after declaration of nullity of

void marriage, the spouses are no longer required to live together, to observe

35 Art. 81 FC
mutual love, respect and fidelity, and to render mutual help and support. As
to their children, there still exists a duty to provide support based on family
ties or relationships under Article 195.

Under the property regime mentioned in article 147, the properties

acquired during the cohabitation shall be distributed as follows:
• With respect to their wages and salaries, the same shall be owned by
them in equal shares, even if only one party earned the wages and the
other did not contribute thereto36;
• The property acquired by both of them through their work or industry
shall be governed by the rules on co-ownership. In the absence of
proof to the contrary, properties acquired while they lived together shall
be presumed to have been obtained by their joint efforts, work or
industry, and shall be owned by them in equal shares. In other words,
any property acquired during the union is prima facie presumed to have
been obtained through their joint efforts37. However, a party who did
not participate in the acquisition of the property shall still be considered
as having contributed thereto jointly if said party’s “efforts” consisted in
the care and maintenance of the family household.
• When only one of the parties to a void marriage is in good faith, the
share of the party in bad faith in the co-ownership shall be forfeited in
favor of their common children. In case of default of or waiver by any
or all of the common children or their descendants, each vacant share
shall belong to the respective surviving descendants. In the absence
of descendants, such share shall belong to the innocent party.
In all cases, the forfeiture shall take place upon termination of the
cohabitation.

Under article 148, the properties acquired during the cohabitation shall be
distributed as follows:

36 Carino v. Carino, G.R. No. 132529, February 2, 2001

37 Valdez v. RTC, G.R. No. 122749, July 31, 1996
 • Wages and salaries earned by each party belong to him or her
exclusively;
• Only the property acquired by both of them through their actual joint.
contribution of money, property or industry shall be owned in common
and in proportion to their respective contributions. Stated otherwise,
Article 148 of the Code now provides for a limited co-ownership in
cases where the parties in union are incapacitated to marry each other
provided that the parties prove their “actual joint contribution of money,
property, or industry” and only to the extent of their proportionate
interest therein.
If the actual contribution of the party is not proved, there will be no co-
ownership and no presumption of equal shares. Hence, mere
cohabitation without proof of contribution will not result in a co-
ownership. Such contributions and corresponding shares, however,
are prima facie presumed to be equal.
• If the party who has acted in bad faith is not validly married to another,
his or her share shall be forfeited in the manner already heretofore
expressed.

The status of children conceived & born inside a void marriage are
illegitimate. Corollarily, parental authority in a void marriage belongs to the
mother38 unless it is proven that the mother is unfit, it may be assigned to the
father, or any third person who may be adjudged as the guardian of the child.

Right to exercise parental authority and custody includes:

• Duty of representation of their unemancipated children in all matters
affecting their interests39
• Duty to give or withhold consent
• Right to discipline the child
• To be legal guardian over property of minor children

38 Art. 176 FC
39 Art. 220 (5) FC
 As to paternity and filiation, The child is illegitimate for being born
outside of a valid marriage 40. Impugning the child’s legitimacy is generally
available to the father, and in exceptional cases, to the heirs. According to
Article 166, the legitimacy of a child may be impugned only on the following
grounds:
• That it was physically impossible for the husband to have sexual
intercourse with his wife within the first 120 days of the 300 days which
immediately preceded the birth of the child because of:
o the physical incapacity of the husband to have sexual intercourse
with his wife;
o the fact that the husband and wife were living separately in such
a way that sexual intercourse was not possible; or
o serious illness of the husband, which absolutely prevented
sexual intercourse;

• That it is proved that for biological or other scientific reasons, the child
could not have been that of the husband, except in the instance
provided in the second paragraph of Article 164; or
• That in case of children conceived through artificial insemination, the
written authorization or ratification of either parent was obtained
through mistake, fraud, violence, intimidation, or undue influence.

The obligation to support the spouse ceases after the declaration of the
nullity of marriage41. However, even at the declaration of nullity, the parents
and their children, even if in a illegitimate relationship, are obliged to support
each other42 and it is chargeable against the exclusive or separate property
of the illegitimate parents.

As to the spouse, if the wife has adopted the use of the surname of
the husband, she has the right to revert back to her maiden name after the
declaration of nullity of marriage. As to the children, since a child born of

40 Art 165 FC
41 Art. 198 FC
42 Art. 195 (3) (4) FC
incestuous marriage is considered illegitimate, the rules on his or her
surname are as follows: generally, illegitimate children have the right to use
the surname of the mother only43. Exceptionally, they can use their father’s
surname if -
• His or her filiation has been expressly recognized by the father through
the record of birth; OR
• Admission of paternity is made by the father in a public document or
private handwritten instrument44

Article 151 still applies but only with respect to suits (1) between husband
and wife; (2) between parents and children; (3) among other ascendants and
descendants; and (4) among brothers and sisters, whether of the full or
halfblood. It is not applicable to Art. 38 pars. 1, 2, 3, 7 and 8.

A void marriage is void from the beginning and judicial declaration of

nullity retroacts to the date of its celebration. As to donation propter
nuptias, it will be revocable at the instance of the donor 45. As to ordinary
donations, it will still subsist. As to the designation as beneficiary in
Insurance Policy stipulated as irrevocable, the insured cannot change
despite the marriage being void46 unless otherwise revoked by the insured
during his lifetime. As to succession, the illegitimate child is a compulsory
heir in an intestate or testate succession, with a legitime of ½ of a legitimate
child.

A family home cannot be constituted within this kind of marriage. But,

once it is declared as void, either of the spouses may constitute the family
home as an unmarried head of the family47.

PSYCHOLOGICAL INCAPACITY

43 Art. 176 FC
44 Art. 176 FC, as amended by RA 9255
45 Art. 86 (1) FC
46 Sec. 11, Insurance Code
47 Art. 156 FC
 Article 36. A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the
essential marital obligations of marriage, shall likewise by void even if
such incapacity becomes manifest only after its solemnization. (As
amended by E.O. 227)

The marriage being void, cannot give effect to the marriage

settlement.

Non-performance of the obligations under the Family Code due to

psychological incapacity is an element considered in the declaration of nullity
of the marriage by reason of psychological incapacity. Upon declaration of
nullity of marriage, the rights and obligations cease to be in effect.

The applicable provision is Article 147 of the Family Code. There is a

presumption that the contributions are equal. Under this property regime,
property acquired by both spouses through their work and industry shall be
governed by the rules on equal co-ownership. Any property acquired during
the union is prima facie presumed to have been obtained through their joint
efforts. A party who did not participate in the acquisition of the property shall
still be considered as having contributed thereto jointly if said party's "efforts
consisted in the care and maintenance of the family household." Unlike the
conjugal partnership of gains, the fruits of the couple's separate property are
not included in the co-ownership48.

Status of children conceived or born before the judgment of

annulment or absolute nullity of the marriage under Article 36 has become
final and executory shall be considered legitimate49.

Scope of support pursuant to Article 198, the following rules shall be

followed:

48 Buenaventura v. Court of Appeals, G.R. Nos. 127358 & 127449, March 31, 2005
49 Art. 54 FC
 • During the pendency of proceedings for declaration of nullity of
marriage, the spouses and children shall be supported from the
properties of the absolute community or the conjugal partnership.
• After final judgment granting the petition, the obligation of mutual
support between spouses ceases. However, following Article 195, the
parents (both the father and mother) are still obliged to support their
children.

Parental authority and custody after the separation of the parents by

reason of declaration of nullity of marriage based on Article 36, Article 213 is
applicable because the children of such marriage maintain their legitimate
status.
Article 213. In case of separation of the parents, parental authority shall
be exercised by the parent designated by the Court. The Court shall take
into account all relevant considerations, especially the choice of the child
over seven years of age, unless the parent chosen is unfit.

Pursuant to Article 174 (1), legitimate children shall have the right to bear
the surnames of the father and the mother, in conformity with the provisions
of the Civil Code on Surnames. Such right is applicable to children born out
of a void marriage by reason of psychological incapacity, because they are
considered legitimate. Take note that under the Article 364 of the New Civil
Code, the legitimate children shall principally use the surname of the father.

Article 151 is still applicable, but only to the parents and children. The
latter maintaining his or her legitimate status pursuant to Article 54 of the
Family Code.

If the ground is psychological incapacity, although the judicial declaration

of the nullity retroacts to the date of the celebration of the marriage insofar
as the vinculum between the spouses is concerned, said marriage is not
without legal effects. Among these effects is that children conceived or born
before the judgment of absolute nullity of the marriage shall be considered
legitimate. There is therefore a recognition written into the law itself that such
a marriage, although void ab initio, may still produce legal consequences.
Among these legal consequences is incurring criminal liability for bigamy50.

In considering that Article 147 of the Family Code explicitly provides that
the property acquired by both parties during their union, in the absence of
proof to the contrary are presumed to have been obtained through the joint
efforts of the parties and will be owned by them in equal shares, plaintiff and
defendant will own their “family home” and all their properties for that matter
in equal shares51.

INCESTUOUS MARRIAGE
Art. 37. Marriages between the following are incestuous and void from
the beginning, whether relationship between the parties be legitimate
or illegitimate:
1) Between ascendants and descendants of any degree; and
2) Between brothers and sisters, whether of the full or half blood

The rule on marriage settlement does not apply to void marriages

because there is no marriage to speak of. However, stipulations that do not
depend upon the celebration of the marriage shall be valid 52.

Rights and obligations under Article 68 to 73, FC do not apply, after

the issuance of the decree of nullity of the marriage.

The property regime under this type of void marriage is co-ownership

under Article 148.
Art. 148. In cases of cohabitation not falling under the preceding
Article, only the properties acquired by both of the parties through their
actual joint contribution of money, property, or industry shall be owned
by them in common in proportion to their respective contributions. In

50 Tenebro v. CA, G.R. No. 150758, February 18, 2004

51 Valdez v. RTC, G.R. No. 122749, July 31, 1996
52 Art. 81 FC
 the absence of proof to the contrary, their contributions and
corresponding shares are presumed to be equal. The same rule and
presumption shall apply to joint deposits of money and evidences of
credit.

If one of the parties is validly married to another, his or her share in the
co-ownership shall accrue to the absolute community or conjugal
partnership existing in such valid marriage. If the party who acted in
bad faith is not validly married to another, his or her shall be forfeited
in the manner provided in the last paragraph of the preceding Article.

The foregoing rules on forfeiture shall likewise apply even if both

parties are in bad faith.

Under Article 165, the status of children is illegitimate. Rules on

paternity and filiation are as follows: illegitimate children may establish
their illegitimate filiation in the same way and on the same evidence as
legitimate children.

The action must be brought within the same period specified in Article 173,
except when the action is based on the second paragraph of Article 172, in
which case the action may be brought during the lifetime of the alleged
parent53.

Support comprises everything indispensable for sustenance, dwelling,

clothing, medical attendance, education and transportation, in keeping with
the financial capacity of the family.

The education of the person entitled to be supported referred to in the

preceding paragraph shall include his schooling or training for some
profession, trade or vocation, even beyond the age of majority.

53 Art. 175 FC
Transportation shall include expenses in going to and from school, or to and
from place of work54.

In void marriages, spousal support ceases after issuance of a final

judgment granting the petition for declaration of nullity of marriage. During
the proceedings for legal separation or for annulment of marriage, and for
declaration of nullity of marriage, the spouses and their children shall be
supported from the properties of the absolute community or the conjugal
partnership. After the final judgment granting the petition, the obligation of
mutual support between the spouses ceases55.

As to their children, Illegitimate children are entitled to support 56 .

Despite the nullity of marriage, parents and their illegitimate children are
obliged to support each other57. Either parent or both may be ordered by the
court to give support to their children. Amount of support shall be in
proportion to the resources or means of the giver and to the necessities of
the receiver58. Child support may also be contractual or based on the will of
the obligor or agreement of the parties.

After filing of action for the declaration of nullity of her marriage, a party
may pray for support pendente lite prior to the rendition of judgment59.

Illegitimate children are under the parental authority only of the

mother60. This rule applies even if the father admits paternity.

Illegitimate children shall use the surname of their mother61. However,

illegitimate children may use the surname of their father if their filiation has
been expressly recognized by the father through the record of birth

54 Art. 194 FC
55 Art. 198 FC
56 Art. 176 FC
57 Art. 195 FC
58 Art. 201 FC
59 Sec. 1, Rule 61, Rules of Court
60 Art. 176 FC
61 Id.
appearing in the civil register, or when an admission in a public document or
private handwritten instrument is made by the father. Provided, the father
has the right to institute an action before the regular courts to prove non-
filiation during his lifetime. The legitime of each illegitimate child shall consist
of one-half of the legitime of a legitimate child.

Despite the termination of marital relations between the former

spouses, family relations still exist between parents and children under
Article 150, hence, Article 151 is still applicable.

Parties to a void marriage are not husband and wife in the eyes of the
law. Hence, they cannot constitute a family home because Article 152
provides that a family home shall be constituted jointly by the husband and
the wife or unmarried head of a family.

Under Article 156, the family home must be part of the properties of
the absolute community or the conjugal partnership, or of the exclusive
properties of either spouse with the latter’s consent. It may also be
constituted by an unmarried head of a family on his or her own property. It
cannot be established in a property held in ownership with third persons.

VOID SUBSEQUENT MARRIAGE (ART. 40 FC)

Art 40. The absolute nullity of a previous marriage may be invoked for
purposes of remarriage on the basis solely of a final judgment
declaring such previous marriage void.

Marriage settlements will be governed under the Code as follows:

• General Rule: Everything stipulated in the marriage settlements or
contracts referred to in the preceding articles in consideration of a
future marriage, including donations between the prospective spouses
made therein, shall be rendered void if the marriage does not take
place62.

62 Art. 81 FC
 • Exception: If there is an stipulation in the marriage settlement that do
not depend upon the celebration of the marriage shall be valid.

Their property relations will be governed by Article 50 of the Family

Code provides that the effects provided for in paragraphs (2), (3) , (4) and
(5) of Article 43 and in Article 44, shall apply in proper cases to marriages
which are declared void under Article 40.

The status of children, since it is void from the beginning, the situation
would be as if there is no marriage from the beginning, thus the children
would be considered as illegitimate as provided under Article 65 of the Family
Code. Their parental authority and custody will be determined as follows:
• During the pendency of the Declaration of Nullity of Marriage:
o The written agreement of the parties shall govern
o In the absence of which, the court shall provide for the custody
of the common children
• After the issuance of the decree:
o Under Article 213, in case of separation of the parents, parental
authority (which includes custody) shall be exercised by the
parents designated by the Court. The Court shall take into
account all relevant considerations, especially the choice of the
child over seven years of age, unless the parent chosen is unfit.
• No child under seven years of age shall be separated from the mother
unless the court finds compelling reasons to order otherwise.

For the spousal and child support, the following shall be observed:
• During the pendency of the case for the declaration of nullity: Article
49
o Written agreement between the spouses shall govern,
o In the absence of which, the COURT shall provide for support
of the spouses and the support of common children.
• Article 198 on the other hand provides that during the proceedings
of declaration of nullity of marriage, the spouses and their children
 shall be supported from the properties of the absolute community or
the conjugal partnership.
• After the final judgment granting the petition:
o The obligation of mutual support between the spouses
ceases.
o As to their illegitimate children and the legitimate or illegitimate
children of the latter, the ex spouses are still obliged to give
them support to the former as provided under Article 195.

The rules on use of surname shall be as follows:

• Spouse shall revert back to her maiden name as if she was not
married
• Illegitimate children
o Article 176 of the Civil Code provides that illegitimate
children shall use the surname of their mother.
o But it is further provided that illegitimate children may use
the surname of their father if their filiation has been
expressly recognized by the father through the record of
birth appearing in the civil register, or when an admission
in a public document or private handwritten instrument is
made by the father. Provided, the father has the right to
institute an action before the regular courts to prove non-
filiation during his lifetime. The legitime of each illegitimate
child shall consist of one-half of the legitime of a legitimate
child.

Article 151 can still apply between the parents and children since their
relationship is not severed following the decree of nullity of marriage but not
anymore between the spouses since they are now deemed to be strangers
as their previous marrriage is void from the beginning.

After the finality of the decree of nullity, it is their duty under Article 52
that the partition and distribution of the properties of the spouses, and the
delivery of the children’s presumptive legitimes shall be recorded in the
appropriate civil registry and registries of property, otherwise, the same shall
not affect third persons.

As to the constitution of family home, the view of Article 152 are as

follows:
• As to the ones who contracted a bigamous marriage - he or she can
constitute a family home with his or her spouse in the first marriage
jointly.
• As to ones who did not contract a bigamous marriage - he or she can
constitute a family home if he or she is an unmarried head of the family.

VOID SUBSEQUENT MARRIAGES (ART. 41 and 42 FC)

Art. 41. A marriage contracted by any person during subsistence of a
previous marriage shall be null and void.

In this kind of void subsequent marriage, the first marrriage can have
a legal separation as long as any grounds under Article 55 and that none
of the grounds under Article 56 are present.

Everything stipulated in the marriage settlements or contracts

referred to in the preceding articles in consideration of a future marriage,
including donations between the prospective spouses made therein, shall be
rendered void if the marriage does not take place. However, stipulations that
do not depend upon the celebration of the marriages shall be valid 63.

Rights and obligations between husband and wife is no long required

to be observed but their obligations such as support towards their children
shall remain. Support comprises everything indispensable for sustenance,
dwelling, clothing, medical attendance, education and transportation, in
keeping with the financial capacity of the family.

63 Art. 81 FC
The education of the person entitled to be supported referred to in the
preceding paragraph shall include his schooling or training for some
profession, trade or vocation, even beyond the age of majority.
Transportation shall include expenses in going to and from school, or to and
from place of work64. Their parental authority shall be exercised jointly by
the father and the mother over the persons of their common children. In case
of disagreement, the father's decision shall prevail, unless there is a judicial
order to the contrary65.

Status of children conceived and born outside a valid marriage are

66
illegitimate unless otherwise provided in this Code . However, as
enunciated in Article 42, subsequent marriage referred to in the preceding
article shall automatically terminated by the recording of affidavit of the
reappearance of the absent spouse and the children conceived prior to
termination of such subsequent marriage shall be legitimate in accordance
with Article 43.

Illegitimate children shall use the surname and shall be under the
parental authority of their mother and shall be entitled to support in
conformity with this Code. The legitime of each illegitimate child shall consist
of one-half of the legitime of a legitimate child. Except for this modification,
all other provisions in the Civil Code governing successional rights shall
remain in force67. However, in cases of termination of subsequent marriage
as provided in Article 42, in relation to Article 41, since the children of that
kind of marriage is still considered as legitimate according to the letter of the
provision in Article 43, they shall have the right to bear the surnames of the
father and the mother, in conformity with the provisions of the Civil Code on
Surnames.

64 Art. 194 FC
65 Art. 211 FC
66 Art. 165 FC
67 Art. 176 FC
 Their property relations shall be determined as follows: in cases of
cohabitation not falling under the preceding Article, only the properties
acquired by both of the parties through their actual joint contribution of
money, property, or industry shall be owned by them in common in proportion
to their respective contributions. In the absence of proof to the contrary, their
contributions and corresponding shares are presumed to be equal. The
same rule and presumption shall apply to joint deposits of money and
evidences of credit.

If one of the parties is validly married to another, his or her share in the
co-ownership shall accrue to the absolute community or conjugal partnership
existing in such valid marriage. If the party who acted in bad faith is not validly
married to another, his or her shall be forfeited in the manner provided in the
last paragraph of the preceding Article.

The foregoing rules on forfeiture shall likewise apply even if both

parties are in bad faith68.

However, in cases of subsequent marriage terminated under Article

42, in relation to Article 41, The absolute community of property or the
conjugal partnership, as the case may be, shall be dissolved and liquidated,
but if either spouse contracted said marriage in bad faith, his or her share of
the net profits of the community property or conjugal partnership property
shall be forfeited in favor of the common children or, if there are none, the
children of the guilty spouse by a previous marriage or in default of children,
the innocent spouse69.

Family relations include those: (1) Between husband and wife; (2)
Between parents and children; and (3) Among brothers and sisters, whether
of the full or half-blood70. Since this is a void marriage, Article 151 will only
apply to numbers 2 and 3 abovementioned.

68 Art. 148 FC
69 Art. 43 FC
70 Art. 150 FC
 The decree of nullity of marriage under this kind shall have the
following effects:
• The absolute community of property or the conjugal partnership, as the
case may be, shall be dissolved and liquidated, but if either spouse
contracted said marriage in bad faith, his or her share of the net profits
of the community property or conjugal partnership property shall be
forfeited in favor of the common children or, if there are none, the
children of the guilty spouse by a previous marriage or in default of
children, the innocent spouse;
• Donations by reason of marriage shall remain valid, except that if
the donee contracted the marriage in bad faith, such donations made
to said donee are revoked by operation of law;
• The innocent spouse may revoke the designation of the other spouse
who acted in bad faith as beneficiary in any insurance policy, even
if such designation be stipulated as irrevocable; and
• The spouse who contracted the subsequent marriage in bad faith shall
be disqualified to inherit from the innocent spouse by testate and
intestate succession71.

The final judgment in such cases shall provide for the liquidation,
partition and distribution of the properties of the spouses, the custody and
support of the common children, and the delivery of third presumptive
legitimes, unless such matters had been adjudicated in previous judicial
proceedings.

All creditors of the spouses as well as of the absolute community or

the conjugal partnership shall be notified of the proceedings for liquidation.

71 Art. 43 FC
 In the partition, the conjugal dwelling and the lot on which it is situated
shall be adjudicated in accordance with the provisions of Articles 102 and
12972.

The article on constitution of a family home shall not be applicable in

this case. Article 152 of the Family Code, which provides that, “The family
home, constituted jointly by the husband and the wife or by an unmarried
head of a family, is the dwelling house where they and their family reside,
and the land on which it is situated,” applies to a valid marriage.

VOID SUBSEQUENT MARRIAGES (ART. 44 FC)

Art. 44. If both spouses of the subsequent marriage acted in bad faith,
said marriage shall be void ab initio and all donations by reason of
marriage and testamentary dispositions made by one in favor of the
other are revoked by operation of law.

Everything stipulated in the marriage settlements or contracts

referred to in the preceding articles in consideration of a future marriage,
including donations between the prospective spouses made therein, shall be
rendered void if the marriage does not take place. However, stipulations that
do not depend upon the celebration of the marriages shall be valid 73.

Rights and obligations between husband and wife is no long required

to be observed but their obligations such as support towards their children
shall remain. Support comprises everything indispensable for sustenance,
dwelling, clothing, medical attendance, education and transportation, in
keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the

preceding paragraph shall include his schooling or training for some
profession, trade or vocation, even beyond the age of majority.

72 Art. 50 FC
73 Art. 81 FC
Transportation shall include expenses in going to and from school, or to and
from place of work74. Their parental authority shall be exercised by the
mother over the persons of their common children since the children of this
marriage are considered illegitimate. In case of disagreement, the father's
decision shall prevail, unless there is a judicial order to the contrary75.

Status of children conceived and born outside a valid marriage are

illegitimate unless otherwise provided in this Code 76.

Illegitimate children shall use the surname and shall be under the
parental authority of their mother and shall be entitled to support in
conformity with this Code. The legitime of each illegitimate child shall consist
of 1/2 of the legitime of a legitimate child. Except for this modification, all
other provisions in the Civil Code governing successional rights shall remain
in force77.

Their property relations shall be determined as follows: in cases of

cohabitation not falling under the preceding Article, only the properties
acquired by both of the parties through their actual joint contribution of
money, property, or industry shall be owned by them in common in proportion
to their respective contributions. In the absence of proof to the contrary, their
contributions and corresponding shares are presumed to be equal. The
same rule and presumption shall apply to joint deposits of money and
evidences of credit.

If one of the parties is validly married to another, his or her share in the
co-ownership shall accrue to the absolute community or conjugal partnership
existing in such valid marriage. If the party who acted in bad faith is not validly
married to another, his or her shall be forfeited in the manner provided in the
last paragraph of the preceding Article.

74 Art. 194 FC
75 Art. 211 FC
76 Art. 165 FC
77 Art. 176 FC
 The foregoing rules on forfeiture shall likewise apply even if both
parties are in bad faith78.

Family relations include those: (1) Between husband and wife;

(2) Between parents and children; and (3) Among brothers and sisters,
whether of the full or half-blood79. Since this is a void marriage, Article 151
will only apply to numbers 2 and 3 abovementioned.

The decree of nullity of marriage under this kind shall have the
following effects:
• The absolute community of property or the conjugal partnership, as the
case may be, shall be dissolved and liquidated, but if either spouse
contracted said marriage in bad faith, his or her share of the net profits
of the community property or conjugal partnership property shall be
forfeited in favor of the common children or, if there are none, the
children of the guilty spouse by a previous marriage or in default of
children, the innocent spouse;
• Donations by reason of marriage shall remain valid, except that if
the donee contracted the marriage in bad faith, such donations made
to said donee are revoked by operation of law;
• The innocent spouse may revoke the designation of the other spouse
who acted in bad faith as beneficiary in any insurance policy, even
if such designation be stipulated as irrevocable; and
• The spouse who contracted the subsequent marriage in bad faith shall
be disqualified to inherit from the innocent spouse by testate and
intestate succession80.

The final judgment in such cases shall provide for the liquidation,
partition and distribution of the properties of the spouses, the custody and
support of the common children, and the delivery of third presumptive

78 Art. 148 FC
79 Art. 150 FC
80 Art. 43 FC
legitimes, unless such matters had been adjudicated in previous judicial
proceedings.

All creditors of the spouses as well as of the absolute community or

the conjugal partnership shall be notified of the proceedings for liquidation.

In the partition, the conjugal dwelling and the lot on which it is situated
shall be adjudicated in accordance with the provisions of Articles 102 and
12981.

The article on constitution of a family home shall not be applicable in

this case. Article 152 of the Family Code, which provides that, “The family
home, constituted jointly by the husband and the wife or by an unmarried
head of a family, is the dwelling house where they and their family reside,
and the land on which it is situated,” applies to a valid marriage.

81 Art. 50 FC