VOID VOID (ART.
40) VOIDABLE / TERMINATED LEGAL
[sought: [sought: ANNULLABLE[sought: SEPARATION
ABSOLUTE ABSOLUTE Annulment]
NULLITY] NULLITY]
GROUNDS Art 4. Void Art. 40: The absolute Art 4. Voidable Art. 42: Art. 55:
Marriages – nullity of a previous Marriages –defect in Subsequent valid 1. Repeated physical
Absence of any Art 2 marriage may be any essential requisites bigamous marriage 2. Moral pressure to
essential or Art 3 invoked for under Art. 41 shall be change
formal requisites are purposes of [Art 4 –irregularity in terminated religious/political
void ab initio remarriage on the the formal req.shall not automatically upon affiliation
basis solely of a final affect the validity of the recording of the 3. Attempt to engage
Art 2 What are 2 judgment declaring marriage but the party affidavit of in prostitution
Essential requisites such previous resp. for it shall be reappearance of the 4. Final judgment
of marriage? marriage void. civilly, criminally and absent spouse sentence of more
[Aid:Leg-Con] administratively liable] than 6 years, even if
a. Legal capacity Subsequent pardoned
a.1. Sex marriage without Art. 45: What are 6 5. Drug addiction or
a.2. Age [18 up] judicial declaration of causes of voidable Habitual alcoholism
a.3. No legal nullity of previous marriage? 6. Homosexuality
Impediment marriage, void ab Age-Insanity-Fraud- 7. Contracting a
[Art 37 incestuous, initio. Vitiated Consent- subsequent
Art 38 public policy] Physical Incapacity- bigamous
b. Consent freely STD marriage
given 1. aged18–less 21, w/o 8. Sexual infidelity
the parent’s consent 9. Attempt to kill
Art 3 What are the 2. Insanity petitioner
3 Formal requisites 3. Fraud 10. Abandonment
of marriage?[Aid: 4. Vitiated for more than 1
A-ML-C] consent(force, year,without
a. Authority - intimidation, or undue justifiable cause
solemnizing officer influence)
Art 7 Who are 5 5. Physical incapacity to
authorized to consummate marriage
solemnize? 6. STD
[Aid:Judge-Priest-
Ship/plane- Art. 46:What 4
Commander, Consul] constitute Fraud?
1-incumbent member Moral- Pregnant Sex -
of judiciary Homo
2-priest, rabbi, imam, a. Non-disclosure –
or minister registered crime moral turpitude
with the civil b. Conceal- pregnancy
registrar; (other than husband)
3-ship captain or c. Conceal-STD
airplane chief(Art d. Conceal-addiction, or
31articulo mortis – homosexuality
passenger or crews);
4-military
commander/,
chaplain (Art 32
articulo mortis -
persons within the
zone of operation,
AFP members or
civilians);
5- consul-general,
consul or vice-
consul(Filipino
citizens abroad)
b. Valid marriage
license
c. Marriage ceremony
Art. 35 What are 6
VOID from
beginning?
Age-Solem-ML-
Biga-ID-Record
a. >18 years old
b. Solemnized by a
person without
authority.
c. No ML
d. Biga/Poly except
[Art 41 presumed
dead due to
prolonged absence]
e. Mistake in Identity
f. Void under Art.
53[failure to comply
recording with the
civil registrar
children’s legitimate]
Art. 36:
Psychological
Incapacity[@
celebration, even
manifestation after
solemnization]
Art. 37: Incestuous
[ascendants and
descendants; between
brothers and sisters,
full or half-blood]
Art. 38: 9 VOID due
to Against Public
Policy
[Aid: 4th-Step-
Inlaws-Adopt,
SurAdopParent,
SurAdopChild-
AdopLeg-AdopChi-
Killer]
1- collateral blood
relatives, legitimate
or illegitimate, up to
4th civil degree;
2- step parents
&children;
3- in-law parents &
children
4- adopt parent &
children;
5- surviving
spouseof adopting
parent& the adopted
child;
6-surviving spouse
of the adopted child
and the adopter;
7-adoptedchild& a
legitimate child of
the adopter;
8-adopted children
of the same adopter;
9-with the intention
to marry the other,
killed that other
person’s spouseor
his or her own
spouse
Art. 44: Both parties
are in bad faithin the
subsequent valid
bigamousmarriage
Art. 53: Failure to
comply with
therequirements of
Art. 52,
regardingrecording in
the proper civil
registry
PRESCRIPTIVE Act. 39: Action or defense for the declaration Art. 47: Art. 42: Terminated Art. 57: Within 5
PERIOD of absolute nullity does not prescribe 1. No parental consent upon reappearance years from the time
• If suit filed by parents/ of the subsequent of the occurrence of
SC Res. No. 02-11-10: Took effect on March guardians, anytime the spouse the cause
15, 2003, provides that for marriages no-consent party prior 21
celebrated during the effectivity of the Family • If suit filed by no-
Code, only the spouses may file an action for consent party, w/in 5
nullity, thus it is prescriptible within the years after 21
lifetime of the parties 2. Insanity
• If suit filed by sane
spouse (no knowledge of
the insanity
@ marriage or relatives/
guardianof insane) =
before death ofeither
party
• If by insane spouse,
during his lucid interval
or after regaining sanity
3. Fraud
• by injured party, w/in 5
years after discovery
4. Vitiated consent
• by injured party, w/in 5
years after force,
intimidation, orundue
influence ceases
5. Physical incapacity /
STD
• by injured party, w/in 5
yearsafter ceremony
RATIFICATION No Ratification Art. 45: 5 Ways to ratify
VOIDABLE
1. No-consent of party
18-21yo
•ratified by No-consent
party (upon reaching 21)
by free cohabitation
2. Insanity
• ratified by the insane
spouse upon after coming
to reason
by free cohabitation
3. Fraud
• ratified by injured
spouse(upon
discovery)by free
cohabitation
4. Vitiated consent
• ratified by the injured
spouse (when such
ceases) by free
cohabitation
5. Physical incapacity /
STD
• Cannot be ratified,
ratified only once it
passes theprescriptive
period for annulment
STATUS OF Void ab initio Valid until annulled Valid until No dissolution of
MARRIAGE terminated extra- marriage, only bed
judicially and board
separation
STATUS OF Legitimate
CHILDREN Illegitimate, except in cases of void under Art. 54: Legitimate Art. 43: Legitimate
Art. 36 and 53. provided they are if
Art. 36[psychological]and 53[updating of conceived/born prior to conceived or born
records with civil registry]are legitimate the final and executory prior to termination
provided they are conceived/born before the judgment of annulment
final and executory judicial declaration of
nullity[Art 54]
