FAMILY CODE take each other as husband and wife in the presence of not less than 2 witnesses of

legal age.
Marriage: SBEF
1. Special contract of permanent union; Art. 4. The absence of any of the essential or formal requisites shall render the
2. Between a man and a woman; marriage void ab initio, except as stated in Art. 35.
3. Entered into in accordance with the law;
4. For the establishment of conjugal and family life. A DEFECT in any of the ESSENTIAL REQUISITES shall render the marriage
VOIDABLE as provided in Art. 45.
 It is the foundation of the family and an inviolable social institution whose
nature, consequences, and incidents are governed by law and NOT An IRREGULARITY in the FORMAL REQUISITES shall not affect the validity of
SUBJECT TO STIPULATION, except that marriage settlements may fix the marriage but the party or parties responsible for the irregularity shall be civilly,
the property relations during the marriage within the limits provided by criminally and administratively liable.
the Family Code.
Art. 5. Any male or female of the age of 18 years or upwards not under
 The constitutional provisions on marriage do not imply that the legislature impediments mentioned in Arts. 37 and 38, may contract marriage.
cannot enact a law allowing absolute divorce.
 ZULUETA v. CA – a person, by contracting marriage, does not shed his/her Art. 6. No prescribed form or religious rite for the solemnization of the marriage is
integrity or his/her right to privacy as an individual and the constitutional required.
protection is ever available to him or her. It shall be necessary, however, for the contracting parties to appear before
the solemnizing officer and declare in the presence of not less than 2
 Marriage settlement and any modification thereof shall be: WSE witnesses of legal age that they take each other as husband and wife.
1. In Writing; This declaration shall be contained in the marriage certificate which shall be signed by
2. Signed by the parties; and the contracting parties and their witnesses and attested by the solemnizing officer.
3. Executed before the celebration of the marriage.
In case of marriage in ARTICULO MORTIS, when the party at the point of death is
 Modification of the marriage settlement after the marriage must unable to sign the marriage certificate, it shall be sufficient for one of the witnesses
be: AI to the marriage to write the name of said party, which fact shall be attested by the
1. Approved by the courts; solemnizing officer.
2. In accordance and in the instances provided for in Art. 76.
 Requirements of CONSENT: FM
 The validity of marriage is to be tested by the law in force at the time the 1. Freely given; and
marriage was contracted. 2. Made in the presence of the solemnizing officer.

Art. 2. No marriage shall be valid, unless these ESSENTIAL REQUISITES are  TOTAL ABSENCE OF CONSENT – marriage void ab initio
present: LC  CONSENT OBTAINED THRU FRAUD, FORCE, INTIMIDATION or
1. Legal capacity of the contracting parties who must be a male and a female; UNDUE INFLUENCE – marriage merely voidable.
and  Where a marriage ceremony is shown, every presumption will be indulged
2. Consent freely given in the presence of the solemnizing officer. that it was legally performed.
 The solemnizing officer is not duty bound to investigate whether or not a
Art. 3. The FORMAL REQUISITES of marriage are: AVM marriage license has been duly and regularly issued by the local civil
1. Authority of the solemnizing officer; registrar. All the solemnizing officer needs to know is that the license has
2. Valid marriage license except in the cases provided for in Chapter 2 of this been issued by the competent official, and it may be presumed from the
Title; and issuance of the license that said official has fulfilled the duty to ascertain
3. Marriage ceremony which takes place with the appearance of the whether the contracting parties have fulfilled the requirements of law.
contracting parties before the solemnizing officer and their personal
declaration that they
MARRIAGE LICENSE:
1. Must be issued by the local civil registrar of the place where the marriage Some irregularities which do not affect the validity of marriage:
application was filed. 1. Absence of 2 witnesses of legal age during the marriage ceremony;
2. Lifetime of 120 days from the date of issue and effective in any part of the 2. Absence of marriage certificate;
Philippines. Automatically cancelled at the expiration of the 120-day period if 3. Marriage solemnized in a place other than publicly in the chambers of the
not used. judge or in open court, in church, chapel, temple, or in the office of the
3. Date of issue is the date of the signing of the marriage license by the local consul-general, consul or vice consul;
civil registrar. 4. Issuance of a marriage license in city or municipality not the residence of
4. Not effective if it will be used as the marriage license to be able to solemnize either of the contracting parties;
a marriage abroad. 5. Unsworn application for a marriage license;
6. Failure of the contracting parties to present original birth certificate or
 Requirements of the issuance of a marriage license are merely directory in baptismal certificate to the local civil registrar who likewise failed to ask for
the sense that their non-observance is a mere irregularity which will not the same;
render a marriage null and void or even annullable. Hence, if the marriage 7. Failure of the contracting parties between the ages of 18 and 21 to exhibit
license is issued in a place wherein the contracting parties do not reside and consent from parents or persons having legal charge of them to the local
a marriage is performed on the basis of such marriage license, such civil registrar;
marriage is still valid. 8. Failure of the contracting parties between the ages of 21 – 25 to exhibit
advice of parents to local civil registrar;
 The FC does not generally prescribe a particular form of a marriage 9. Failure to undergo marriage counseling;
ceremony. However, the minimum requirement imposed by law is that 10. Failure of the local civil registrar to post the required notice;
the contracting parties appear personally before the solemnizing 11. Failure of the contracting parties to pay the prescribed fees for the marriage
officer and declare that they take each other as husband and wife license;
in the presence of at least 2 witnesses of legal age. 12. Issuance of marriage license despite absence of publication or prior to the
completion of the 10-day period for publication;
 While the law provides that the declaration shall be contained in the 13. Failure of the person solemnizing the marriage to send copies of the
marriage certificate, the MARRIAGE CERTIFICATE itself is not an marriage certificate to the local civil registrar;
essential nor formal requirement of marriage. Failure to sign a 14. Failure of local civil registrar to enter the application for marriage licenses
marriage certificate or absence of the marriage certificate itself does not filed with him in the registry book in the order un which they were received.
render the marriage void or annullable.
 Marriage by proxy is void because of the absence of the essential
 The absence of witnesses, according to SC, is not a serious flaw and would requisite that consent freely given must be made in the presence of the
only constitute an irregularity. solemnizing officer.
 Breach of promise to marry is not an actionable wrong. One cannot be
 ABSENCE of any of the essential or formal requirements of a marriage compelled to marry a person who breached such promise to marry. But to
renders such marriage null and void. formally set a wedding and go through all the preparation and publicity, only
Exceptions: to walk out of it when the matrimony s about to be solemnized, is quite
1. Absence of a marriage license in (a) marriage articulo mortis, (b) different. This is palpably and unjustifiably contrary to good customs for
marriages of 2 contracting parties living in places where there are no which the defendant must be made answerable for damages.
means of transportation to enable them to appear personally before the
local civil registrar, (c) marriages among Muslims and among other WHO MAY SOLEMNIZE MARRIAGE? Art. 7 IPS-MCM
ethnic cultural minorities performed in accordance with their practices, 1. Incumbent member of the judiciary within the court’s jurisdiction;
and (d) marriages of couples without any impediment to get married 2. Priest, rabbi, imam, or minister of any church or religious sect must be:
living together as husband and wife for at least 5 years. (a) duly authorized by his church or religious sect;
2. Marriage solemnized by a person without authority to solemnize a (b) registered with the civil registrar general;
marriage provided that either one of the parties believed in good faith (c) acting within the limits of the written authority granted him by his
that such solemnizer had the proper authority. church or religious sect; and
 (d) at least 1 of the contracting parties belong to the solemnizing officer’s  If the contracting parties desire to have their marriage solemnized in a place
church or religious sect. other than the office of the consul-general, etc., they shall request the said
3. Ship captain or airplane chief, requisites: official in writing in which case the marriage may be solemnized at a house
(a) Marriage in articulo mortis; or place designated by them in a sworn statement to that effect.
(b) Marriage between passengers or crew members; and
(c) Generally, the ship must be at sea or the plane must be in flight.  Marriage between a Filipino and a foreigner abroad solemnized by a
4. Military commander of a unit to which a chaplain is assigned, in the absence Philippine consul appears to be VOID. The very authority of the consul-
of the latter, during a military operation, likewise only in the cases general, consul, or vice-consul to solemnize marriage is limited to
mentioned in Art. 32; or FILIPINO CITIZENS.
5. Consul-general, consul or vice-consul in the case provided in Art. 10. Exception: If the marriage between the foreigner and the Filipino citizen
6. Mayors. abroad solemnized by a Philippine consul assigned in that country is
recognized as valid in the host country, then such marriage shall be
 If a marriage is solemnized by a judge beyond his jurisdiction, there is considered valid in the Phil. (Art. 26, FC).
absence of a formal requisite in such a marriage, namely, the authority
of the solemnizing officer. Hence, the marriage is VOID, unless either of  Consul, etc., has no authority to solemnize a marriage within the territory of
the parties believed in good faith that such solemnizing officer has authority the Philippines.
to conduct such marriage.  The issuance of the marriage license and the duties of the local civil
registrar and of the solemnizing officer with regard to the celebration of
 An assistant pilot has no authority to solemnize a marriage. If the airplane marriage shall be performed by said consular official (Art. 10).
chief dies during the trip, the assistant pilot who assumes command of
the airplane cannot solemnize a marriage as there is no law allowing such Art. 8. The marriage shall be solemnized publicly in the chambers of the judge
assumption of authority for the purpose of solemnizing a marriage. or in open court, in the church, chapel or temple, or in the office of the
consul general, consul, or vice-consul, as the case may be, and not elsewhere,
 MILITARY COMMANDER requisites: MC-CA-AC except: ARP
a. Must be Military commander of a unit; a. in the cases of marriages Articulo mortis or
b. Must be a Commissioned officer; b. marriages contracted in Remote places in accordance with Art. 29; or
c. Chaplain must be assigned to such unit; c. where both of the Parties request the solemnizing officer in writing in which
d. Absence of chaplain at the time of marriage; case the marriage may be solemnized at a house or place designated by
e. Marriage in Articulo mortis; and them in a sworn statement to that effect.
f. Contracting parties, whether members of the armed forces or civilians,
must be within the zone of military operation.  Non-observance of this article will not invalidate a marriage, but it can
subject the person or persons who caused the violation to civil, criminal or
 Commissioned officer – his rank should start from 2n lieutenant, ensign and administrative liability.
above.
 A military commander may solemnize a marriage even if the contracting Art. 9. A MARRIAGE LICENSE shall be issued by the local civil registrar of the
parties do not belong to his or her unit. city or municipality where either contracting party HABITUALLY RESIDES,
except in marriages where no license is required.
 Heads of consular posts are divided into 4 classes:  If contracting parties obtain marriage license in a place other than the place
1. Consul general; where either of them reside, it is merely an irregularity which will not render
2. Consul; the marriage null and void.
3. Vice-consul;
4. Consul agents. Art. 11. Documentary requirements.
 Only the first 3 are expressly authorized by the FC.  A marriage application can be obtained by anybody. Once it is signed and
 They can solemnize marriage abroad only when the contracting parties sworn to by the parties and thereafter filed, the local civil registrar has no
are both FILIPINO CITIZENS. Solemnities established by Philippine laws choice but to accept the application and process the same up to the time of
shall be observed. the issuance of the marriage license.
  If the local civil registrar has knowledge of some legal impediment, he d. The Declaration of nullity of his or her previous marriage.
or she cannot discontinue processing the application. He must only note In case the death certificate cannot be secured – the party shall make an
down the legal impediments in the application and thereafter issue the affidavit setting forth his circumstance and his or her actual status and the name
marriage license unless otherwise stopped by the court (Art. 18). and date of death of the deceased spouse.
Exception: Citizens of foreign countries marrying in the Phil.
Art. 14. In case either or both of the contracting parties, not having been
Art. 12. The local civil registrar, upon receiving such application, shall require the emancipated by a previous marriage, are BETWEEN THE AGES OF 18 and 21 –
presentation of: they shall, in addition to the requirements of the preceding articles, exhibit to the
1. original birth certificates; or, local civil registrar, the CONSENT to their marriage of their Father, Mother,
2. in default thereof, the baptismal certificates of the contracting parties; or Surviving parent or guardian, or Persons having legal charge of them, in the order
3. copies of such document duly attested by the persons having custody of mentioned.
the original.
These certificates or certified copies need not be sworn to and shall be exempt from Such consent shall be manifested:
the documentary stamp tax. The signature and official title of the person a. in writing by the interested party who personally appears before the
issuing the certificate shall be sufficient proof of its authenticity. proper local civil registrar; or
b. in the form of an affidavit made in the presence of 2 witnesses and
If (a) either of the contracting parties is unable to produce his birth or baptismal attested before any official authorized by law to administer oaths.
certificate or a certified copy of either because of the destruction or loss of the
original, or (b) if it is shown by an affidavit of such party or of any other person that Personal manifestation – recorded in both applications for marriage license.
such birth or baptismal certificate has not yet been received though the same has Affidavit – attached to said application.
been required of the person having custody thereof at least 15 days prior to the date
of the application, such party may furnish in lieu thereof his current resident Art. 15. Any contracting party BETWEEN THE AGES OF 21 and 25 shall be
certificate or an instrument drawn up and sworn to before the local civil obliged to ask their parents or guardian for advice upon the intended marriage.
registrar concerned or any public official authorized to administer oaths.
If they do not obtain such advice or if it be unfavorable – the marriage license
Such sworn statement shall contain the sworn declaration of 2 witnesses of shall not be issued till after 3 months following the completion of the publication of
lawful age, setting forth the full name, residence and citizenship of such contracting the application therefor.
party and of his or her parents, if known, and the place and date of birth of such
party. A sworn statement by the contracting parties to the effect that such advice has
The nearest of kin of the contracting parties shall be preferred as witnesses, or, in been sought, together with the written advice given, if any, shall be attached to the
default, persons of good reputation in the province or locality. application for marriage license.

Presentation of birth or baptismal certificate not required if: PL Should the parent or guardian refuse to give any advice – this fact shall be
1. Parents of the contracting parties appear personally before the local civil stated in the sworn statement.
registrar and swear to the correctness of the lawful age of said parties, as
stated in the application; or Art. 16. In the cases where parental consent or parental advice is needed, the party
2. Local civil registrar, by merely looking at the applicants upon their personally or parties concerned shall, in addition to the requirements of the preceding articles,
appearing before him, be convinced that either or both of them have the attach a certificate issued by the priest, imam or minister authorized to
required age. solemnize marriage or a marriage counselor duly accredited by the proper
government agency to the effect that the contracting parties have undergone
Art. 13. In case either of the contracting parties has been previously married, the marriage counseling.
applicant shall be required to furnish, instead of the birth or baptismal certificate:
DJJD Failure to attack certificate of marriage counselling shall suspend the issuance
a. The Death certificate of the deceased spouse; or of marriage license for a period of 3 months from the completion of the publication of
b. The Judicial decree of the absolute divorce; or the application.
c. The Judicial decree of annulment; or
Issuance of marriage license within the prohibited period shall subject the their country’s laws allow the same. Such marriage shall be recognized here
issuing officer to administrative sanctions but shall not affect the validity of the in the Phil.
marriage.
Art. 22. Marriage certificate.
Should only one of the contracting parties need parental consent or parental advice,
the other party must be present at the counselling referred to in the preceding Art. 23. It shall be the duty of the person solemnizing the marriage to:
paragraph. a. Furnish either of the contracting parties the original of the marriage
certificate; and
Art. 17. The local civil registrar shall prepare a notice which shall contain the full b. To send the duplicate and triplicate copies of the certificate not later than 15
names and residences of the applicants for a marriage license and other data given in days after the marriage, to the local civil registrar of the place where the
the applications. marriage was solemnized.
c. Retain in his file the quadruplicate copy of the marriage certificate, the
The notice shall be posted for 10 consecutive days on a bulletin board outside the original of the marriage license and, in proper cases, the affidavit of the
office of the local civil registrar located in a conspicuous lace within the building and contracting party regarding the solemnization of the marriage in a place
accessible to the general public. other than those mentioned in Art. 8.
Proper receipt shall be issued by the local civil registrar to the solemnizing officer
This notice shall request all persons having knowledge of any impediment to transmitting copies of the marriage certificate.
the marriage to advise the local civil registrar thereof. The marriage license
shall be issued after the completion of the period of publication.  Although a marriage contract is considered a primary evidence of marriage,
its absence is not always proof that no marriage in fact took place. Once
Art. 18. Human na. the presumption of marriage arises, other evidence may be presented in
Art. 19. The local civil registrar shall require the payment of the fees prescribed b support thereof. The evidence need not necessarily or directly establish the
law or regulations before the issuance of the marriage license. No other sum shall be marriage but must at least be enough to strengthen the presumption
collected in the nature of a fee or a tax of any kind for the issuance of said license. of marriage.
It shall, however, be issued free of charge to indigent parties, that is, those who have  A marriage, like any other contract, may be proved by parol evidence.
no visible means of income or whose income is insufficient for their subsistence, a Testimony by one of the parties or witnesses to the marriage, or by the
fact established by their affidavit, or by their oath before the local civil registrar. person who solemnized the same, is admissible.

Art. 20. The license shall be valid in any part of the Philippines. Art. 24. It shall be the duty of the local civil registrar:
Period – 120 days from date of issue. Deemed automatically cancelled at the a. To prepare the documents required by this Title; and
expiration of said period if contracting parties have not made use of it. b. To administer oaths to all interested parties without any charge.
Expiry date shall be stamped in bold characters at the fact of every license issued. Documents and affidavits filed in connection with applications for marriage shall be
exempt from documentary stamp tax.
Art. 21. When either or both of the contracting parties are CITIZENS OF A
FOREIGN COUNTRY – before a marriage license can be obtained, it shall be Art. 25. The local civil registrar concerned shall enter all applications for marriage
necessary for them to submit a certificate of legal capacity to contract licenses filed with him in a registry book strictly in the order in which the same
marriage, issued by their respective diplomatic or consular officials. are received. He shall record in said book:
a. The names of the applicants;
Stateless persons or refugees from other countries – in lieu of the certificate b. The date on which the marriage license was issued; and
of legal capacity, they shall submit an affidavit stating circumstances showing c. Such other data as may be necessary.
such capacity to contract marriage.
 A certification of the local civil registrar that there was no record in
 However, if the contracting parties who are citizens of a foreign country his office of any marriage license of the alleged spouses is enough to
desire to have their marriage solemnized by their country’s consul general prove that the marriage is void due to the absence of a formal requirement,
officially assigned here in the Philippines, they can get married before such namely, a valid marriage license.
consul-general without procuring a marriage license here in the Philippines if
Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws Art. 29. In the cases provided for in the 2 preceding articles, the solemnizing officer
in force in the country where they are solemnized, and valid there as such, shall also shall state in an AFFIDAVIT before the local civil registrar or any other person
be valid in this country, except those prohibited under Arts. 35(1), (4), (5) and (6), legally authorized to administer oaths:
36, 37, and 38. a. That the marriage was performed in articulo mortis or that the
residence of either party, specifying the barrio or barangay, is so located
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and that there is no means of transportation to enable such party to appear
a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or personally before the local civil registrar; and
her to remarry, the Filipino spouse shall likewise have the capacity to remarry under b. That the officer took the necessary steps to ascertain:
Philippine law. 1. The ages of the contracting parties;
2. Their relationship; and
 In accordance with lex loci celebrationis. 3. The absence of a legal impediment to the marriage.
 Exception to Art. 26(1): If either or both contracting parties are Filipinos
and they are below 18 years of age, their marriage solemnized abroad will Art. 30. Affidavit and Copy of marriage contract to be sent by solemnizing officer to
not be recognized in the Philippines as valid even if the marriage is valid in local civil registrar within 30 days after the marriage is performed.
the place where it has been solemnized.
- Our law clearly adheres to the rule that the marrying capacity is Art. 31. A marriage in ARTICULO MORTIS between passengers or crew
governed by the national law of that party, which is the Philippine law. members may also be solemnized by:
a. A ship captain, while the ship is at sea or during stop overs at ports of call;
 BIGAMOUS AND POLYGAMOUS MARRIAGES, though valid abroad, b. An airplane pilot (CHIEF PILOT) while the plane is in flight or during
shall likewise not be recognized in the Philippines. stopovers at ports of call.

 COMMON LAW MARRAGES obtained by Filipinos abroad should not be Art. 32. MILITARY COMMANDER requisites: MC-CA-AC
recognized here. a. Must be Military commander of a unit;
b. Must be a Commissioned officer;
 To establish a valid marriage pursuant to the comity provision of Art. 26, it is c. Chaplain must be assigned to such unit;
necessary to prove the foreign law as a question of fact and then to prove d. Absence of chaplain at the time of marriage;
the celebration of marriage pursuant thereto by convincing evidence. e. Marriage in Articulo mortis; and
f. Contracting parties, whether members of the armed forces or civilians, must
 The RECKONING POINT is not the citizenship of the parties at the time of be within the zone of military operation.
the celebration of the marriage, but their citizenship at the time a valid
divorce decree is obtained abroad by the alien spouse capacitating Art. 33. Marriages among MUSLIMS or among members of the ethnic cultural
the latter to remarry. communities may be performed validly without the necessity of a marriage license,
provided they are solemnized in accordance with their customs, rights or practices.
MARRIAGES EXEMPT FROM LICENSE REQUIREMENT
Art. 34. No license shall be necessary for the marriage of a man and a woman who
Art. 27. In case EITHER or BOTH if the contracting parties are at the POINT OF have lived together as husband and wife for at least 5 YEARS and WITHOUT
DEATH, the marriage may be solemnized without necessity of a marriage license and ANY LEGAL IMPEDIMENT to marry each other.
shall remain valid even if the ailing party subsequently survives.
The contracting parties shall state the foregoing facts in an affidavit before any
Art. 28. If the residence of EITHER PARTY is so located that there is no means person authorized by law to administer oaths.
of transportation to enable such party to appear personally before the local
civil registrar, the marriage may be solemnized without necessity of a marriage The solemnizing officer shall also state under oath that:
license. a. he ascertained the qualifications of the contracting parties; and
b. he found no legal impediment to the marriage.
  Conditions under Art. 34: Ratification Can never be ratified. Can be ratified or
a. Live as husband and wife for at least 5 years characterized by confirmed by free
exclusivity and continuity that is unbroken; and cohabitation or
b. They must be Without any legal impediment to marry each other. prescription.
Attack Can be attacked collaterally. Cannot be assailed
The second condition as to the absence of any legal impediment must be collaterally except in a
construed to refer only to the time of the actual marriage direct proceeding.
Death Can be questioned even Can be assailed only
celebration.
after the death of either during the lifetime of the
party. parties and not after the
 Under the Family Code, a spouse who was living-in with his or her death of either.
paramour can avail of this exception and marry his or her paramour Prescription Imprescriptible. Action prescribes.
without a marriage license after the death of his or her legal spouse. Party assailing Any proper interested party Only the parties, or those
may attack a void marriage. designated by law such as
 The procedure laid down in Arts. 29 to 30 relative to the duties of the parents or guardians, may
solemnizing officer with respect to the affidavit he or she has to execute is assail it.
merely directory in character. Non-observance of the requirements will
not render the marriage void or annullable.  A void marriage can never be ratified or cured by any act of any of the
contracting parties.
VOID AND VOIDABLE MARRIAGES
 GOOD FAITH and bad faith are immaterial in determining whether or not a
Art. 35. MARRIAGES VOID AB INITIO! marriage is null and void.
The following marriages shall be void from the very beginning: Exceptions:
1. Below 18 years of age (any party), even with consent of parents or 1. Art. 35(2) – if either of the contracting parties is in good faith in
guardians; believing that a solemnizing officer has authority to solemnize a
2. Solemnized by any person not legally authorized to perform marriages marriage though he has actually none, the marriage will be considered
unless such marriages were contracted with either or both parties believing valid.
in good faith that the solemnizing officer had the legal authority to do so; 2. Art. 41 – the present spouse may validly marry again if he or she:
3. License absent, except those covered by the preceding chapter; a. Has a well founded belief that his/her spouse is dead;
4. Bigamous or polygamous marriages not falling under Art. 41; b. Procures a judicial declaration of presumptive death; and
5. Mistake – those contracted thru mistake of one contracting party as to the c. At the time of the subsequent marriage ceremony, is in good faith
identity of the other; together with the subsequent spouse.
6. Subsequent marriages that are void under Art. 53.
 EQUITABLE DOCTRINE OF UNCLEAN HANDS – the court should not
 Absence of any of the essential or formal requirements for a valid marriage grant relief to the wrongdoer.
as provided in Arts. 2 and 3 makes a marriage void. Exceptions are - This cannot be applied in actions for nullity of marriage because it is
provided for in Arts. 27, 28, 31, 32, 33, and 35(2). merely judge-made and has no statutory basis.
- Nonetheless, the party who knew that he or she was entering a void
 Arts. 35, 36, 37, 38, 40, 41, 44 and 53 in relation to Art. 52 enumerate marriage before its solemnization may be held liable for damages by the
marriages which are void. other contracting party.

 A petition may contain many grounds for nullity of marriage, but it has only  In determining the disposition of properties in a void marriage, good and
one cause of action, which is the nullity of the marriage. bad faith of one of the parties at the time of the marriage ceremony are
material.
V-RAD-PP VOID MARRIAGE VOIDABLE MARRIAGE General Rule: In a void marriage, the property regime is one of co-
Validity Not valid from its inception. Valid until otherwise ownership.
declared by the court.
 Exception: When only one of the parties to a void marriage is in good faith,  For persons whose marriages have been annulled or declared null and void
the share of the party in bad faith in the co-ownership shall be forfeited in to be able to validly marry again, they must:
favor of their common children. 1. Undertake the liquidation, partition and distribution of their properties, if
In case of default or waiver of any or all of the common children or their any;
descendants, each vacant share shall belong to the respective surviving 2. In proper cases, deliver the children’s presumptive legitimes; and
descendants. 3. Record all these requirements, including the decree of annulment or
In the absence of descendants, such share shall belong to the innocent nullity, in the appropriate civil registry and the registries of property.
party.
In all cases, the forfeiture shall take place upon termination of the Art. 36. A marriage contracted by any party who, at the time of the celebration, was
cohabitation. PSYCHOLOGICALLY INCAPACITATED to comply with the essential marital
obligations of marriage, shall likewise be void even if such incapacity becomes
 GENERAL RULE: A void marriage can be collaterally attacked. manifest only after its solemnization.
3 EXCEPTIONS:
1. Art. 40, FC – the absolute nullity of a previous marriage may be  Law does not define psychological incapacity. The determination is left solely
invoked for purposes of remarriage on the basis solely of a final with the courts on a case-to-case basis.
judgment declaring such marriage void.
2. Niñal v. Bayadog – For other purposes, such as but not limited to  It should not be equated with insanity or total mental inability to function in
determination of heirship, legitimacy or illegitimacy of a child, all aspects of human life. The ground is restricted to psychological incapacity
settlement of estate, dissolution of property regime, or a criminal case to comply with essential marital obligations.
for that matter, the court may pass upon the validity of a marriage even
in a suit not directly instituted to question the same so long as it is  While a person may be truly efficient and mentally capable in undertaking a
essential to the determination of the case. This is without prejudice to particular profession in life, he or she can still be considered as a completely
any issue that may arise in the case. When such need arise, a final irresponsible person vis-à-vis his or her married life if he or she spends
judgment of declaration of nullity is necessary even if the purpose is almost the whole day working and not minding his or her family.
other than to remarry.
3. Art. 50, in rel. to Art. 43(3) and Art. 86(1) – if a donor desires to  Psychological incapacity does not refer to mental faculties and has nothing
revoke a donation propter nuptias given to one or both of the married to do with consent; it refers to obligations attendant to marriage.
couple on the ground that the marriage is void, it is important that a
judicial declaration of nullity of the marriage must first be obtained.  It must be present at the time of the marriage ceremony, but can be
manifested later on during the marriage.
 Good faith – when used in connection with putative marriage, means an
honest and reasonable belief that the marriage was valid at its inception,  CHI MING TSOI v. CA - Procreation is an essential marital obligation.
and that no legal impediment exists to impair its validity. Procreation of children thru sexual cooperation is the basic end of marriage.
Constant non-fulfillment of this obligation will finally destroy the integrity or
 In a BIGAMOUS MARRIAGE, the first marriage must have been valid. If wholeness of the marriage.
the first marriage is in itself void and a subsequent marriage is contracted
without a prior judicial declaration of nullity of marriage, the subsequent  TE v. TE – court granted nullity of marriage as it was shown that the
marriage is also void because it violates Art. 40 in relation to Art. 52 and 53. petitioner was suffering from dependent personality disorder and the
respondent was also suffering from narcissistic and anti-social personality
 MISTAKE IN IDENTITY refers to mistake in actual physical identity of disorder, both consistent with psychological incapacity to perform the
the other party. It does not include mistake in the name, the character essential marital obligation.
of the person, or in his or her attributes, his or her age, religion,
social standing, pedigree, pecuniary means, temperaments,  The personal medical or psychological examination of a party is not a
acquirements, condition in life, or previous habits. requirement for a declaration of psychological incapacity and it is not a
condition sine qua non for such declaration. Nevertheless, the testimony of
an expert witness, like a psychiatrist or psychologist, if credible and if
 consistent with the totality of evidence, which is also credible, must be Art. 37. Marriage between the following are INCESTUOUS and VOID FROM THE
given great weight. BEGINNING, whether the relationship between the parties be legitimate or
illegitimate: AB
1. Between Ascendants and descendants of any degree; and
2. Between Brothers and sisters, whether full or half-blood.
 RP v. MOLINA – guidelines in invoking and proving psychological
incapacity:
a. The burden of proof to show the nullity of the marriage belongs to Art. 38. The following marriages shall be VOID FROM THE BEGINNING for
the plaintiff; reasons of PUBLIC POLICY: CS-PASPASA
1. Between Collateral blood relatives, whether legitimate or illegitimate, up to
b. The root cause of the psychological incapacity must be: MASC the 4th civil degree;
1. Medically or clinically identified; 2. Between Step-parents and their step-children;
2. Alleged in the complaint; 3. Between Parents-in-law and children-in-law;
3. Sufficiently proven by experts; and 4. Between the Adopting parent and the adopted child;
4. Clearly explained in the decision. 5. Between the Surviving spouse of the adopting parents and the adopted
child;
c. The incapacity must be proven to be existing at the time of the 6. Between Parties where one, with the intention to marry the other, killed that
celebration of the marriage. other person’s spouse or his or her own spouse;
7. Between the Adopted child and a legitimate child of the adopter;
d. It must be shown to be medically or clinically permanent or 8. Between the Surviving spouse of the adopted child and the adopter;
incurable. 9. Between the Adopted children of the same adopter.

e. Such illness must be grave enough to bring about the disability of  Step-brother and step-sister can marry each other as this relationship by
the party to assume the essential obligations of marriage. affinity is not included in the prohibition.
 In the event the marriage is annulled or nullified in accordance with law,
f. The essential marital obligations must be those embraced by Art. the relationship by affinity between step-parents and step-children as well as
68-71 of FC as regards husband and wife as well as Arts. 220, 221 and parents-in-law and children-in-law is terminated. The said persons become
225 in regard to parents and their children. strangers to each other. This will allow them therefore to marry each other
legally.
g. Interpretations given by the National Appellate Matrimonial Tribunal of  Another view is that the relationship by affinity is continued despite the
the Catholic Church of the Philippines, while not controlling or decisive, death of one of the spouses where there are living issues or children of the
should be given great respect by our courts. marriage “in whose veins the blood of the parties are commingled, since the
relationship of affinity was continued thru the medium of the issue of the
h. Prosecutor or fiscal and Solicitor General ordered to appear as marriage.”
counsel for the State.
 The adopted cannot marry the following: the adopter, his spouse, legitimate
 The court is not bound to apply these guidelines. To repeat, the courts child, and other adopted children of the adopter.
should interpret the provision on a case-to-case basis; guided by experience,
the findings of experts and researchers in psychological disciplines, and by  The adopted can marry the following: the parents, illegitimate child, and
decisions of church tribunals. other relatives, whether by consanguinity or affinity, of the adopter.

 BUENAVENTURA v. CA – no award of moral damages, exemplary  If the marriage of the adopter and his or her spouse is judicially nullified or
damages and attorney’s fees in a case involving PI. There is no bad faith. annulled and barring any other ground to make the marriage void, the
adopted can validly marry the previous spouse of the adopter because such
spouse is not a surviving spouse, but a former spouse who, after the
 finality of the nullity or annulment decree, has become a complete stranger  In a bigamous void marriage, the subsisting first marriage is valid, while in
to the adopter. Art. 40 in relation to Arts. 52 and 53, the subsisting first marriage is void.

 In killing his or her spouse, the guilty party must be animated by an Art. 41. A marriage contracted by any person during the subsistence of a
intention to marry another person. Mere preponderance of evidence is previous marriage shall be NULL AND VOID, unless before the celebration of the
required to prove the killing. subsequent marriage, the prior spouse had been absent for FOUR
CONSECUTIVE YEARS and the spouse present had a well-founded belief that
Art. 39. The action or defense for the declaration of absolute nullity of a the absent spouse was already dead.
marriage shall NOT PRESCRIBE.
In case of disappearance where there is danger of death under the circumstances set
 The judicial decree merely declares or confirms the voidness, non-existence, forth in the provisions of Art. 391 of the Civil Code, the absence of only 2 years
or incipient invalidity of a marriage. shall be sufficient.
BAD
 AM No. 2-11-10, March 15, 2003 – provides that only the husband and 1. A person on Board a vessel lost during a sea voyage, or an aircraft which is
wife can file the case and, if filed, the case will be closed or terminated if missing.
during its pendency, either the husband or wife should die. 2. A member of the Armed forces who has taken part in armed hostilities.
- Moreover, the heirs can no longer file a case for the nullity of marriage 3. A person who has been in Danger of death under other circumstances.
of their parents or of their parent with their step-parent.
For the purpose of contracting the subsequent marriage under the preceding
 All void marriages before the Family Code do not prescribe. paragraph, the spouse present must institute a SUMMARY PROCEEDING as
provided for in this Code for the declaration of presumptive death of the
 Only the husband or the wife can file a court case declaring the absentee, without prejudice to the effect of reappearance of the absent spouse.
marriage void.
Art. 42. The subsequent marriage referred to in the preceding article shall be
 However, a void marriage can still be collaterally attacked by any interested automatically terminated by the recording of the AFFIDAVIT OF
party in any proceeding where the determination of the validity of marriage REAPPEARANCE of the absent spouse, unless there is a judgment annulling the
is necessary to give rise to certain rights or negate certain rights. previous marriage or declaring it void ab initio.

Art. 40. The absolute nullity of a previous marriage may be invoked for  This is the only instance where a marriage is terminated extrajudicially.
purposes of remarriage on the basis sole of a final judgment declaring such
previous marriage void. A sworn statement of the fact and circumstances of reappearance shall be recorded
in the civil registry of the residence of the parties to the subsequent marriage at the
 PURPOSE: To do away with any continuing uncertainty on the status of the instance of any interested person, with due notice to the spouses of the subsequent
second marriage. marriage and without prejudice to the fact of reappearance being judicially
determined in case such fact is disputed.
 If a marriage between 2 contracting parties is void ab initio, any one of
them cannot contract a subsequent valid marriage without a previous  A valid bigamous marriage arises where a spouse declared presumptively
judicial declaration of nullity of the previous void marriage. dead reappears and he or she or any interested party does not file an
affidavit or sworn statement with the civil register of the fact of
 A subsequent marriage without such judicial declaration of nullity of the reappearance.
previous void marriage is in itself void ab initio.
However, as between the 2 marriages, the law or the State shall continue to
 Also, only after full compliance with Art. 52 and 53 of the Family Code can a protect the second marriage rather than the first.
subsequent valid marriage be entered into.
 The declaration of presumptive death is only prima facie and can be
overthrown by evidence. The fact of death is not really established.
  After the issuance of this judicial declaration, the properties of the first 4. The innocent spouse may revoke the designation of the other spouse who
marriage should be liquidated using the provisions of Arts. 103 and acted in bad faith as a beneficiary in an insurance policy, even if such
130 of the Family Code if the marriage to be liquidated is in itself valid. designation be stipulated as irrevocable; and

 If there is no liquidation and the present spouse immediately 5. The spouse who contracted the subsequent marriage in bad faith shall be
remarries, the property regime that will apply in the subsequent marriage disqualified to inherit from the innocent spouse by testate and
will be the complete separation of property. intestate succession.
Art. 44. If both spouses of the subsequent marriage acted in bad faith, said
 If there were a liquidation, the parties may agree in the settlement as to marriage shall be void ab initio and all donations by reason of marriage and
what type of property regime will govern their marital relationship and in the testamentary dispositions made by one in favor of the other are revoked by operation
absence of such marriage settlement or when the latter is void, the spouses of law.
shall be governed by the absolute community of property regim.
 If the subsequent marriage in cases under Art. 41 were contracted where
 If the marriage is void, the rules of co-ownership will apply and the only one of the parties, whether the present spouse or the new spouse, to
properties will be liquidated in accordance with the said rules. the subsequent marriage was in bad faith, the said marriage is still valid.

Well-founded belief – depends on the circumstances of the case.  Under Art. 44, the marriage shall be considered void only if BOTH
SPOUSES in the subsequent marriage are in bad faith.
 Such judicial declaration of presumptive death is the best evidence of the
“well-founded belief” on the part of the present spouse that the absent Art. 45. GROUNDS FOR ANNULMENT.
spouse is dead. It immunizes the present spouse from being charged of A marriage may be ANNULLED for any of the following causes, existing at the time
bigamy, adultery or concubinage. of the marriage: NIF-VPS
1. No Parental Consent. That the party in whose behalf it is sought to have
 Any interested party may file the sworn statement of reappearance. This the marriage annulled was 18 years of age or over but below 21, and the
includes their parents, their children, the present spouse and even the marriage was solemnized without the consent of the parents, guardian or
subsequent spouse of the present spouse. The parents and children of the person having substitute parental authority over the party, in that order,
other contracting spouse in the subsequent marriage are also interested unless after attaining the age of 21, such party freely cohabited with the
parties. other and both lived together as husband and wife.

Art. 43. The termination of the subsequent marriage referred to in the preceding 2. Insanity of one party. That either party was of unsound mind, unless
Article shall produce the following effects: such party after coming to reason, freely cohabited with the other as
1. The children of the subsequent marriage conceived prior to its husband and wife.
termination shall be considered legitimate and their custody and support
in case of dispute shall be decided by the court in a proper proceeding;  Here, it is the sane spouse who files the case.

2. The absolute community of property or the conjugal partnership, as the case 3. Fraud. That the consent of either party was obtained by fraud, unless such
may be, shall be dissolved and liquidated, but if either spouse contracted party afterwards, with full knowledge of the facts constituting fraud,
said marriage in bad faith, his or her share of the net profits of the freely cohabited with the other as husband and wife.
community property or conjugal partnership shall be forfeited in favor of the
common children or, if there are none, the children of the guilty spouse by a 4. Vitiated Consent. That the consent of either party was obtained by force,
previous marriage or in default of children, the innocent spouse; intimidation or undue influence, unless the same having disappeared or
ceased, such party thereafter freely cohabited with the other as husband
3. Donations by reason of marriage shall remain valid, except that if the and wife.
donee contracted marriage in bad faith, such donations made to said donee
are revoked by operation of law;
 5. Physical Incapacity to Copulate. That either party was physically after regaining sanity.
incapable of consummating the marriage with the other, and such incapacity Fraud Injured party Within 5 years after
continues and appears to be incurable. discovery of Fraud.
Within 5 years from the
6. Sexually transmissible disease. That either party was afflicted with a time the force,
sexually transmissible disease found to be serious and appears to be Vitiated Consent Injured party intimidation or undue
incurable. influence disappeared or
ceased.
Incapability to Injured party/Healthy Within 5 years after the
Consummate/Sexually person marriage ceremony/from
Transmissible Disease discovery.
Art. 46. FRAUD.
Any of the following circumstances shall constitute FRAUD referred to in Number 3
of the preceding Article: NCCC
1. Non-disclosure of a previous conviction by final judgment of the other party
of a crime involving moral turpitude;
2. Concealment by the wife of the fact that at the time of the marriage, she
was pregnant by a man other than her husband;
3. Concealment of sexually transmissible disease, regardless of its nature,
existing at the time of the marriage; or
4. Concealment of drug addiction, habitual alcoholism, homosexuality or
lesbianism existing at the time of the marriage DHHL.

No other misrepresentation or deceit as to character, health, rank, fortune or chastity

shall constitute such fraud as will give grounds for action for the annulment of
marriage.

 An annullable or voidable marriage is considered valid up to the time it

is terminated.
 Grounds for annulment are only those specified by law. Any ground not
provided by law cannot be invoked to annul a marriage.

 Mere non-cohabitation is not a ground for annulment of marriage.

GROUND PARTY TO FILE THE PRESCRIPTION

SUIT PERIOD
Parent or Guardian Anytime before “no-
having legal charge of consent party” reaches
No parental consent “no-consent” party the age of 21.
“No-consent” party Within 5 years after
attaining 21.
Sane spouse without At any time before death
knowledge of insanity of either party.
Relative, guardian or Any time before death of
Insanity person having legal either party.
charge of insane
Insane spouse During lucid interval or