Article 26 Article 31-32

- lex loci celebrationis - Requisites for a ship captain/airplane chief

- But will be void if (1) minority (2) bigamous to solemnize:
(3) contracted through mistake (4) subsequent 1. At point of death
marriage but did not register the judgment in 2. Between passengers or crew members
the Civil Registry (5) psychological incapacity - Requisites for military commander to
(6) incestuous (7) void by reason of public solemnize
policy 1. Must be a commissioned officer
- Mensa et thoro VS a vinculo matrimonii 2. Chaplain is absent
- Rules on Absolute Divorces: 3. Solemnized within zone of military
1. PH laws cannot grant divorce operations
2. Divorce obtained by Filipino couple abroad
cannot be recognized in the PH Article 33-34
3. Divorce obtained by foreign couple abroad is
recognized in the PH - Legal Ratification of Marital Cohabitation:
4. Divorce in mixed marriages is recognized in 1. Live together as husband and wife for at least
the PH, allowing the Filipino spouse to 5 years prior to marriage
remarry 2. Both must have no legal impediment to marry
- reckoning point = citizenship at the time the 3. Absence of impediment must be present at the
divorce was obtained time of marriage
- To grant Judicial Recognition of Foreign 4. Execute an Affidavit of Cohabitation stating
Decree of Divorce, document must be they lived together
proven as an official record through: 5. Solemnizing officer must execute Sworn
1. Official publication Statement he ascertained qualifications and
2. Copy attested by the officer having legal no impediment
custody of the document - if no Affidavit executed, still valid, it can be
- if record is not kept in the PH: proven by testimonies of witnesses
1. Must be accompanied by Certificate issued by - Falsity of Affidavit of Cohabitation cannot be a
the proper diplomatic/consular officer defense in bigamy cases
2. Authenticated by seal of his office
- Article 26 is applicable even if it was the Void Marriage VS Voidable Marriage:
Filipino spouse who obtained divorce abroad 1. As to its Validity (did not take place at all |
- Only the Filipino spouse can invoke 2nd valid until annulled by final judgment)
paragraph 2. A s t o W h e n i t c a n b e A s s a i l e d
- Filing Judicial Declaration for Capacity to (imprescriptible | before death of parties)
Remarry is not required to avail paragraph 2 3. As to How it can be Assailed (collateral |
direct)
Article 27-30 4. As to Who can Assail (any interested persons |
either party only)
- marriages exempted from marriage license: 5. As to Effect on Properties and Children
1. Articulo mortis (provided by law | conjugal partnership &
- solemnizing officer must execute Affidavit of legitimate)
Marriage in Articulo Mortis and ascertained age
and relationship of parties Void Marriage
2. Remote residence - does not need judicial declaration of nullity
- execute an affidavit that residence of either party EXCEPTION: Judicial Declaration of Nullity
is so located that there is no transportation of Marriage is necessary for the purpose of
3. Muslims and ethnic groups remarrying
4. Cohabitation for at least 5 years - Only the husband or wife can file Judicial
Declaration of Nullity of Marriage
EXCEPTION: intestate heirs can file to protect
their successional rights (under the Family
Code)
- Exemptions to the Rule that only husband Article 36
or wife can file:
1. Those commenced BEFORE March 15, 2003 - psychological incapacity: most serious case of
(Rule on Declaration of Absolute Nullity of personality disorders as to render the spouse
Void Marriages and Annulment of Voidable incapable of conducting the marital obligations
Marriages) - Characteristics of psychological incapacity:
2. Those filed DURING Civil Code and 1. Gravity
celebrated under Family Code PRIOR to 2. Juridical Antecedence
March 15, 2003 3. Incurability
- root cause of psychological incapacity must
Article 35 be:
1. Medically or clinically identified
- Void Ab Initio Marriages 2. Alleged in complaint
1. Minority 3. Sufficiently proven by experts
2. Solemnized by those without authority 4. Clearly explained in decision
EXCEPTION: Good Faith Doctrine (6 - incapacity must be:
allowed authorities) 1. Inability to commit to essentials of marriage
3. No marriage license EXCEPTION: (ARMC) 2. Inability to commit to essential obligations
supported by Certification from Local Civil (conjugal act | community of life and love |
Registrar mutual help | procreation | education of
4. Bigamous EXCEPTION: Presumptive Death offspring)
of Absentee / Affidavit of Reappearance 3. Inability is tantamount to psychological
- Bigamy in Article 35 (4) VS Bigamy in Article abnormality
40: contracted subsequent marriage despite - Guidelines for Declaration on Annulment of
subsisting marriage | did not obtain Judgment of Voidable Marriages:
Absolute Nullity of Marriage 1. Burden of proof belongs to plaintiff
5. Mistake 2. Petition should allege PI exists as to make
6. Failure to record in Civil Registry in spouse unable to commit to marital bond
subsequent marriages 3. Petition should allege the facts that PI exists
- Requirements: (1) record the Judgment (2) at time of marriage (Attachment of Expert
partition and distribution of properties (3) Opinion)
delivery of children’s presumptive legitimes 4. Incapacity must be clinically shown to be
7. Psychological Incapacity incurable and relevant to marriage obligations
8. Ascendants and Descendants 5. Must be grave enough
9. Brothers and Sisters 6. Noncompliance of marital obligations and
10. Collateral relatives up to 4th degree proven by evidence
11. Step-parents and step-children 7. Interpretations of National Appellate
12. Parents-in law and children-in law Matrimonial Tribunal of Catholic Church
13. Adopting parent and adopting child must be respected
14. Surviving spouse of adopting parent and - no award of moral damages for nullity of
adopted child marriage on PI
15. Surviving spouse of adopted child and
adopter Article 37
16. Adopted child and legitimate child of adopter
17. Adopted children of same adopter - incestuous marriages
18. One killed the other for marriage - 1 degree in direct line = 1 generation
19. Has prior marriage with no final judgment by
court Article 38
20. Subsequent bigamous in bad faith
21. No consent - in collateral line = 1 ascent and 1 descent
22. Proxy marriage 1. Uncle and niece
23. Not done personally before solemnizing 2. Aunt and nephew
officer 3. First cousins
- marriages between step brothers and step 2. Upon effectivity of Family Code = 4 years or
sisters are valid 2 years with required Judicial Declaration of
- Adoption: juridical act creating a relationship Presumptive Death
between 2 persons which results to paternity - remedy if subsequent marriage is void =
and filiation Petition for Declaration of Absolute Nullity of
- Marriages between surviving spouse of Subsequent Marriage Based on Bigamy
adopting parent and adopted child is VOID if - Remedy if subsequent marriage is valid =
reason was by death but if OTHER REASON, reappearance of absentee spouse will not
VALID terminate marriage, will only terminate it if:
- Void if marriages between adopted child and 1. Non existence of Judgment of Nullity
legitimate child but VALID if adopted child 2. Affidavit of Reappearance (can be filed by
and illegitimate child any interested party)
- Adopted child CANNOT marry adopter, 3. Due notice to spouses of subsequent marriage
surviving spouse of adopter, legitimate children of the fact of reappearance
of adopter, other adopted children of adopter 4. Fact of reappearance is undisputed or
- Adopter CANNOT marry adopted child and judicially determined
surviving spouse of adopted child - subsequent marriage will still subsist if:
1. First marriage is annulled by judicial
Article 39 declaration
2. Affidavit of reappearance not recorded
- Family Code = August 3, 1988 but took effect 3. No notice
on March 15, 2003 4. Disputed
- Article 40 is for purpose of remarriage if not,
Article 40 Article 390 or 391
- Requisites for Issuance of Judicial
- Judicial Declaration of Nullity of Marriage is Declaration of Presumptive Death:
required to remarry 1. Absent for 4 consecutive years or 2 years
- Only applies if first marriage is void 2. Present spouse wishes to remarry
- Applicable only to marriages after effectivity 3. Has well founded belief absent spouse is dead
of Family Code 4. Files summary proceedings
- Elements of Bigamy: - effect of Judicial Declaration of Presumptive
1. Offender is legally married Death = May contract subsequent marriage
2. Marriage was not legally dissolved
3. Contracts subsequent marriage Article 43-44
4. Subsequent marriage has all essential
requisites for its validity - 2 Ways of Terminating Subsequent
Marriage:
Article 41 1. Recording the Affidavit of Reappearance
2. Judicial Declaration of Dissolution or
- Exceptions to Void Subsequent Marriages: Termination of Subsequent Marriage
1. Spouse must be absent for at least 4 - Effects of Termination of Marriage:
consecutive years or 2 years if there is danger 1. Children = considered legitimate
of death 2. Property regime = absolute community/
2. Present spouse must have well founded belief conjugal partnership of gains is liquidated and
that absent spouse is dead partitioned EXCEPTION: if bad faith, in
3. Execute Judicial Declaration of Presumptive favor of children | children of guilty spouse
Death of Absentee = Summary Proceedings from previous marriage | innocent spouse
- Rules: - if second spouse contracted marriage in bad
1. Prior to effectivity of Family Code, Article 83 faith:
of NCC must be applied = spouse is already 1. Donation proper nuptias is revoked (donation
absent for 7 years | believed to be dead | by reason of marriage made before the
presumed dead (here, Judicial Declaration of celebration in favor of both for the future
Absence is not required) spouses)
2. Innocent spouse may revoke insurance
3. Second spouse disqualified to inherit from b. Must be the determining cause of consent
innocent spouse - Requisites for Intimidation to Vitiate
- both acted in bad faith = void ab initio Consent:
a. Intimidation is the determining cause of
Article 45 consent
b. Threatened act is unlawful or unjust
- Voidable Marriage are considered valid and c. Threat is real and serious
produces all civil and legal effects d. Produces reasonable and well grounded fear
- Annulment is the judicial or legal process of - Requisites for Undue Influence to Vitiate
invalidating a voidable marriage Consent:
- Characteristics of Voidable Marriage: a. Person who can be influenced
1. Valid until declared by court b. Improper influence was exerted
2. Defect exists at the time of celebration of c. Submission to the overwhelming effect of
marriage such unlawful conduct
3. Can only be assailed directly - can only be filed by injured party | within 5
4. Can be assailed only during lifetime of parties years | ratified through cohabitation
5. Only parties in the marriage can assail it 5. Physical incapability of consummating
6. Subject to prescription marriage (imports total want of power of
7. Defect is subject to ratification except copulation and a necessary incident to
incapable of consummation and STD inability of procreation)
- Grounds for Annulment: - sterility VS impotency
1. No parental consent (the person whose - Doctrine of Triennial Cohabitation
consent is required OR party whose parent - Requisites of Physical Incapacity to
did not give consent may file as long as 21 yrs Consummate:
old) | before 21 yrs old OR within 5 years | a. Incapacity must exist at time of celebration of
ratify only through cohabitation after reaching marriage
21 yrs old) b. Continue to exist up to the time of filing the
2. Unsound mind (Presumption of Sanity so action
must be overcome) | sane spouse can file BUT c. Incurable
if he/she knows, the relative/guardian having d. Unknown to the other party
legal charge of the insane OR the insane - filed by injured party | within 5 years | not
spouse during lucid interval | filed anytime subject to ratification
before death | ratified through insane person 6. STD
cohabiting with sane spouse - if concealed at the time of marriage = STD of
3. Fraud (nondisclosure or concealment of whatever nature
material facts to marital relations) | filed by - If existed during marriage = STD must be
injured party | filed within 5 years upon incurable and serious
discovery | ratified through cohabitation - Requisites for STD as ground:
- What Constitutes Fraud (Article 46): a. STD must exist at time of celebration of
a. Previous conviction involving crimes of marriage
moral turpitude b. Serious
b. Pregnant from another man (6th month) c. Incurable
c. STD regardless of nature d. Unknown to the other party at the time of
d. D r u g a d d i c t i o n / h a b i t u a l a l c o h o l i s m / celebration of marriage
homosexuality/lesbianism - filed by injured party | within 5 years | not
4. Force, intimidation, undue influence (violence subject to ratification
= serious/irresistible force | intimidation = - Requisites for Ratification:
compelled by reasonable and well grounded 1. Contract is tainted with vice
fear of imminent evil | undue influence = 2. Ratification effected by person entitled to do
takes improper advantage of his power over so
the will of the other depriving him of his will 3. Effected with knowledge of the vice or defect
of choice) 4. Cause of nullity already disappeared
- Requisites for Violence to Vitiate Consent:
a. Force employed is serious or irresistible
- Effects of Final Judgment of Termination of 3. Ground for legal separation
Voidable Marriage: 4. Future support
1. Termination of marital bond 5. Jurisdiction of courts
2. Children considered legitimate 6. Future legitime
3. Property regime is liquidated and partitioned - if party dies at any stage = dismiss
4. P r o v i d e s f o r c u s t o d y, s u p p o r t , a n d - If party dies after entry of judgment = binding
presumptive legitimes of children
5. Donations proper nuptias is valid UNLESS Article 50-51
bad faith
6. Insurance may be revoked if bad faith - Judicial Declaration of Nullity of Marriage
7. Bad faith spouse disqualified to inherit retroacts to the date of celebration of marriage
8. Wife shall resume her maiden name and - But if because of psychological incapacity,
surname if guilty, may also do so if innocent there are legal effects like legitimate children
UNLESS court declares OR married again to and could be ground for bigamy
another person - Only applicable if:
9. Allowed to remarry 1. Marriages annulled under Article 45 (6
10. Annulment Decree can only be issued grounds) and void marriage under Article 40
after: (no judicial declaration)
a. Registration of entry of judgment in the Civil 2. Property regime is absolute community or
Registry conjugal partnership of gains
b. Registration of approved partition and 3. Parties have properties
distribution of properties in the Register of
Deeds Article 52-54
c. Delivery of children’s presumptive legitimes
in cash, properties, or sound securities - applies if:
1. Property is liquidated, partitioned, distributed
Article 48-49 2. Registered in Civil Registry
3. Registered in Registry of Deeds
- procedure is governed by Rules on Declaration - will not apply if:
of Absolute Nullity of Marriage and Annulment 1. Marriage declared void OTHER THAN
of Voidable Marriages Article 40
- Family Court has exclusive original 2. No properties
jurisdiction 3. Property regime is complete separation
- Venue must be where he was residing for at
least 6 months if non resident, anywhere Article 55
- Contents:
a. Allege complete facts constituting action - legal separation is the remedy available to
b. State names and age of children, and specify parties in a valid but failed marriage entitling
regime governing property relations them to live separately, dissolution and
c. Must be verified and with certification against liquidation of property, and custody of children
non forum shopping - Grounds for Legal Separation:
d. Filed in 6 copies 1. Repeated violence
- service of summons BUT if cannot be located, 2. Religious/political compulsion
will be published in newspaper once a week for 3. Prostitution
2 weeks 4. Imprisonment of more than 6 yrs
- Only ground for motion to dismiss = lack of 5. Drug addiction and habitual alcoholism
jurisdiction 6. Lesbianism and homosexuality
- If no answer was filed by other party, fiscal 7. Bigamy
will investigate if collusion exists 8. Sexual infidelity
- Pre-trial is mandatory, nonappearance will 9. Attempt to kill
dismiss petition 10. Abandonment for more than 1 yr
- Prohibited Compromise:
1. Civil status
2. Validity of marriage or of legal separation
Article 56-57 Article 65-67

- Grounds for Denying Petition for Legal - Joint Manifestation Under Oath
Separation: - Effects of Reconciliation:
a. Condonation (conditional forgiveness of 1. Occurred while action is pending = terminate
marital offense | after commission) proceedings
b. Consent (given prior to commission of act) 2. Occurred after judgment but before issuance
c. Connivance (willingness to allow or involve of of Decree of Legal Separation = Joint
in wrongdoing) Manifestation if they will revive property
d. Collusion (agreement to make it appear as if regime then issue the Decree of
something was committed or suppress Reconciliation
evidence) - Agreement to revive includes:
e. Recrimination (mutual guilt) a. Properties to be contributed anew to the
f. Prescription (within 5 yrs) restored regime
- action personalis moritur cum persona = death b. Retained as separated properties
of party to an action causes death of action c. Names of all creditors, addresses, and
itself amounts owed
3. Occurred after issuance of Decree of Legal
Article 58-59 Separation = Decree of Reconciliation
- de facto reconciliation will not set aside Decree
- 6 months after filing petition should lapse first of Legal Separation
before it can be tried to give chance for
reconciliation

Article 60

- decree cannot be issued based on stipulation of

facts (submitted for decision) or confession of
judgment (goes to court confirming standing of
petitioner)

Article 61-62

- during pendency of action, court may motu

proprio issue provisional orders
- BPO (15 days) | TPO (30 days) | PPO (issued
after notice and hearing)
- AM No. 02-11-12-SC (Rule on Provisional
Orders)

Article 63-64

- Effects of Legal Separation:

1. Right to Live Separately
2. Dissolution and Liquidation of Property
Regime
3. Custody of Children
4. Disqualification to Inherit
5. Revocation of Donations
6. Cessation of Support
7. Wife’s Use of Surname