Difference between Nullity, annulment, and legal separation of marriage
Distinction Nullity of Marriage Annulment of Marriage Legal Separation
Nature Void ab initio Valid until declared void Valid but separated
As to ground 1. Absence of Under article 45 Under article 55
Essential and formal 1. Marriage without 1. Repeated physical
requisites consent (18-20) violence against
2. Bigamous marriage 2. Unsound mind petitioner, her child,
3. Incestuous marriage 3. Consent obtain by or their common child
4. Void by public policy fraud, force or 2. Physical violence or
5. Psychological intimidation moral pressure to
incapacity 4. Physical incapacity change political belief
6. Both spouse acted 5. STD appears serious or religion.
in bad faith. and incurable 3. Conviction by final
judgment of more
than 6 years
imprisonment
4. Drug addiction or
habitual alcoholism
5. Attempt to corrupt or
induce petitioner, her
child or their common
child to commit
prostitution or
connivance thereof
6. Lesbianism or
homosexuality
7. Contraction of
bigamous marriage
8. Sexual infidelity or
perversion
9. Attempt against the
life of the petitioner
10. Abandonment for
more than 1 year
Child- adopted or natural.
Time of existence Before or during celebration Before celebration and after After celebration of marriage
of marriage. marriage During marriage
Prescriptive No prescription As to ground(within 5 years) Within 5 year from the
period 1. after reaching 21 occurrence
years old or any time
before reaching the
age of 21(Guardian)
2. Any time before the
death of the party
3. Within 5 years from
discovery of fraud
4. Within five years from
occurrence
5. Within five years after
marriage
As to effect:
Marriage status Marriage is void Marriage is void Marriage still valid
Capacitated to Capacitated to Incapacitated to
remarry(after remarry remarry
declaration) Entitled to live Entitled to live
Entitled to live separately separately
separately
As to status of the Child conceived prior to the Legitimate Legitimate
child termination are legitimate
After the termination they
illegitimate
XPN: Psychological
incapacity as ground are
considered legitimate
As to custody and Decided by the court in Provided by the court in Awarded to innocent spouse
support of the child proper proceeding. consideration of Chapter IX subject to the provision of
FC. article 213
Provide for visitation rights Provide for visitation rights Provide for visitation rights
Support of the Provided by the court Provided by the court Provided by the court
spouse In absence of written In absence of writtenIn absence of written
agreement agreement agreement
As to property(2) GR: Shall be dissolve and GR: Shall be dissolve and GR: Shall be dissolve and
liquidated in favor of both liquidated in favor of both liquidated in favor of both
parties parties parties.
XPN: if either spouse XPN: if either spouse Guilty spouse shall have no
contracted said marriage in contracted said marriage in right to any share of net
bad faith bad faith profits earned.
1. In favor of the 1. In favor of theXPN: if either spouse
common children common children contracted said marriage in
2. If none children of 2. If none children of bad faith
guilty spouse by guilty spouse by 1. In favor of the
previous marriage previous marriage common children
3. Or to innocent 3. Or to innocent spouse 2. If none children of
spouse of previous of previous marriage guilty spouse by
marriage previous marriage
3. Or to innocent
spouse of previous
marriage.
As to donation(3) GR: Valid GR: Valid GR: Valid
XPN: if the donee XPN: if the donee contracted Innocent spouse may
contracted the marriage in the marriage in bad faith, revoked donation in favor of
bad faith, donation is donation is revoked by the offending spouse.
revoked by operation of law operation of law
If both parties contracted If both parties contracted the
the marriage in bad faith the marriage in bad faith the
same shall be revoked by same shall be revoked by
operation of law. operation of law.
As to beneficiary to Innocent spouse may Innocent spouse may Offending spouse is
insurance policy(4) revoked such benefits even revoked such benefits even if disqualified to inherit from
if it is irrevocable it is irrevocable innocent spouse by
operation of law
As to inheritance(5) The spouse who contracted The spouse who contracted Offending spouse is
marriage in bad faith is marriage in bad faith is disqualified to inherit from
disqualified to inherit disqualified to inherit whether innocent spouse by
whether testate or intestate testate or intestate operation of law.
Revocation must be brought
within 5 years from the
finality of judgment of legal
separation.
Provision of final GR: It shall provide for GR: It shall provide for GR: It shall provide for
judgment liquidation, partition, liquidation, partition, liquidation, partition,
distribution of the properties distribution of the properties. distribution of the properties.
As to conjugal Articles 102, 129 Articles 102, 129 Articles 102, 129
dwelling
As to third person Binding upon recording in Binding upon recording in Binding upon recording in
civil registry of property civil registry of property civil registry of property
Grounds for the Controverting evidence Cohabited with the guilty 1. Aggrieved party
denial of the Stipulation of facts or spouse as husband and wife condone or
petition collusion consented the act of
Stipulation of facts or the offending spouse
collusion 2. There is connivance
of the parties in
making the act
constituting the
ground for legal
separation
3. Where both parties
have given ground for
legal separation
4. Collusion by the
parties for legal
separation
5. Barred by
prescription.
Reconciliation or withdrawal
Trial of the petition After filing of the petition After filing of the petition 6 months after the filing of
the petition.
Condition None None 1. The court took the
precedent before necessary steps for
trial reconciliation of both
parties and is fully
satisfied
Prohibited grounds Collusion of parties Collusion of parties Collusion of parties
Stipulation of facts Stipulation of facts Stipulation of facts
Confession of judgment Confession of judgment Confession of judgment
Administrator of the The court may designate The court may designate any The court may designate any
property during the any of them or of them or of them or
pendency of the Third party in absence of Third party in absence of Third party in absence of
action agreement between the agreement between the agreement between the
parties parties parties
RIGHTS AND OBLIGATION BETWEEN HUSBAND AND WIFE
Art.68 (Emotional obligation of couples) - husband and wife are obliged to live together,
observe mutual love, respect and fidelity, and render mutual help and support.
Right of the parties between them
1. Live together
2. Observe mutual love
3. Respect
4. Fidelity
5. Mutual help and support.
Art.69 (Fixing of family domicile)-husband and wife shall fix the family domicile. In case of
disagreement the court shall decide.
The court may exempt one spouse from living with the other if the latter should live abroad or
there are other valid and compelling reasons for the exemption. However, such exemption shall
not apply if the same is not compatible with the solidarity of the family.
General rule
1. The couples have the right to fix the family domicile
XPN
1. If the couple does not arrive an agreement
2. The court may decide
Consideration for courts determination of domicile
1. If there is no agreement reached by the parties
2. If one of the spouse live abroad
3. If the domicile is not compatible for the solidarity of the family.
Discretionary action of the court
1. It may exempt one spouse with living with the other if the latter is living abroad
2. Other valid and compelling reason for exemption
XPN: if such exemption is not compatible with the solidarity of the family.
Art.70 (Sources of expenses for support)- The spouse are jointly responsible for the support
of the family. The expenses of such support and other conjugal obligations shall be paid from
the community property and, in the absence thereof, from the income of fruits of their separate
properties. In case of insufficiency or absence of said income or fruits, such obligation shall be
satisfied from their separate properties.
Responsibility of spouse in support of the family
1. Joint responsibility
Source of expenses for the conjugal obligations in hierarchy.
1. From the community property
2. Income or fruits of separate properties in the absence thereof.
3. Separate properties in the absence of income or fruits.
Art. 71 (Management of household) - Management of the household shall be the right and
duty of both spouses. The expenses for such management shall be paid in accordance with the
provisions of article 70.
Management of Household
1. It is the right of both parties
2. Expenses incurred for the support of conjugal family is subject to the provision of article
70
Art.72( Grounds for relief before the court)-When one of the spouses neglects his duties to
the conjugal union or commits acts which tend to bring danger, dishonor or injury to the other or
to the family, the aggrieved party may apply to the court for relief.
Ground for petition for relief before the court
1. Neglect of duties to the conjugal union
2. Commission of an act tends to bring danger, dishonor or injury to the other or to the
family.
Art.73 (Exercise of profession without the consent of the other)-Either spouse may
exercise legitimate profession, occupation, business or activity without the consent of the other.
The latter may object only on valid, serious and moral grounds.
In case of disagreement, the court shall decide whether or not
1. The objection is proper and
2. Benefit has accrued to the family prior to the objection or thereafter.
2.1 If the benefit accrued prior to the objection, the resulting obligation shall be enforced
against the community property. If the benefit accrued thereafter, such obligation
shall be enforced against the separate property of the spouse who has not obtained
consent.
The foregoing provisions shall not prejudice the rights of creditors who acted in good faith.
Right of either spouse without the consent of the other
1. right to exercise profession, occupation, business or activity
Grounds for objection of the other party
1. Valid
2. Serious and
3. Moral grounds.
Courts consideration in taking due course of the objection
1. Whether or not the objection is valid, serious and moral
2. Whether or not the benefit has accrued to the family prior to objection or thereafter.
If prior to the objection- obligation shall against the community property.
If thereafter-separate property of the spouse who does not obtained consent.
This does not prejudice the right of the creditor in good faith.
PROPERTY RELATION BETWEEN HUSBAND AND WIFE
Art.74 (governing rules of property relation)- the property relation between husband and wife
shall be governed by the following order
1. Marriage settlement executed before marriage
2. By provision of this code
3. By local custom
Art. 75(Absolute community of property as default)-the future spouses may, in the marriage
settlements, agree upon the regime of absolute community, conjugal partnership of gains,
complete separation of property, or any other regime. In the absence of marriage settlement, or
when the regime agreed upon is void, the system of absolute community of property as
established in this code shall govern.
Absolute community of property shall govern when:
1. Spouses agreed thereto prior to the marriage
2. If the spouses fails to make a marriage settlement
3. If their marriage settlement is void.
4. If marriage settlement is made after marriage.
Kinds of property regime
1. Absolute community of property
2. Conjugal partnership of gains
3. Complete separation of property
4. Of any other regime(not contrary to law)
5. Which must be made prior to the marriage
Art.76-(modification of marriage settlement) - in order that any modification in the marriage
settlement to be valid, it must be made before the celebration of the marriage, subject to the
provision of article 66, 67,128,135, and 136.
Art. 77-(forms and contents of marriage settlement and modification thereof)-Marriage
settlement and modification thereof shall be made in writing, signed by the parties and executed
before the celebration of marriage. They shall not prejudice the third person unless they are
registered in the local civil registry where the marriage contract is recorded as well as in the
proper registries of property.
Forms and contents of marriage settlement
1. In writing
2. Signed by the parties
3. Executed before marriage
As to third parties
General rule
1. They shall not prejudice third parties
XPN:
1. Unless they are recorded in local civil registry of the place where they contracted their
marriage.
Art.78-in case of minor who are allowed to contract marriage shall also be allowed to contract
marriage settlement as long as the person designated to give consent is made a party thereto.
Subject to the provision of Title IX of this code.
Art. 79-Guardian as party
In case the person who contracted marriage is disabled by civil interdiction or other disability, it
shall be indispensable for the guardian appointed by competent court to be made a party
thereto.
Grounds for appointment of guardian
1. In behalf of a person who is sentence to civil interdiction or
2. Any other disability.
Art.80 (General rule on law that governs the property relations)
In the absence of contrary stipulations in a marriage settlement, the property relations of the
spouses shall governed by Philippine laws, regardless of the place of the celebration of the
marriage and their residence.
This rule shall not apply
1. Where both parties are aliens
2. With respect to the extrinsic validity of contracts affecting property not situated in the
Philippines and executed in the country where the property is located and;
3. With respect to the extrinsic validity of the contracts entered into in a foreign country
whose laws requires different formalities for its extrinsic validity.
General rule
1. Laws of the Philippines shall govern the marriage settlement
Exception
1. In the absence of stipulation to that effect
2. Or contrary to the provision of the 2nd par. of article 80.
Art.81-Void and valid stipulation in marriage settlement
1. Everything stipulated in the 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 marriage does not take place.
XPN: Stipulation that do not depend upon the celebration of marriage shall be valid.
DONATIONS BY REASONS OF MARRIAGE
Art.82(Donation by reason of marriage)- donations made by reason of marriage are those
which are made before its celebration, in consideration of the same, and in favor of one or
both of the future spouses.
Donation by reason of marriage
1. Those which are made in consideration of marriage
2. Executed before its celebration
3. In favor of one or both parties
Art.83 (Governing rules on donation)- these donations are governed by the rules on ordinary
donation established in Title III of Book III of the civil code insofar as they are not modified by
the following articles.
Art.84-(Donations agreed upon regime other than absolute community of property)-if the
future spouse agreed upon a regime other than absolute community of property, they cannot
donate to each other in their marriage settlements more than one fifth of their present property.
Any excess shall be considered void.
Donations of future property shall be governed by the provisions on testamentary succession
and the formalities of the will.
Art. 85-(Donations by reasons of marriage subject to encumbrances)
Donations by reasons of marriage subject to encumbrances are valid. In case of foreclosure of
the encumbrance property is sold for less than the total amount of the obligation secured, the
donee shall not be liable for the deficiency. If the property is sold for more than the total amount
of said obligation, the donee shall be entitled to the excess.
Art. 86-Grounds to revoke donation by reason of marriage by the donor.
1. Marriage is not celebrated or judicially declared void ab initio.
XPN: donations made in the marriage settlements which shall be governed by Art.81.
2. When the marriage takes place without the consent of the parents or guardian as
required by law
3. When the marriage is annulled, the donee acted in bad faith.
4. Upon legal separation, the donee being the guilty spouse.
5. If the resolutory condition is complied with
6. When the donee committed an act of ingratitude in accordance with the civil code on
donations in general
Art.87 (void and valid donation made between the parties) - every donation or grant of
gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void
XPN:
1. Moderate gifts
2. Which the spouse may give each other
3. On the occasion of family rejoicing.
4. The prohibition shall also apply to persons living together as husband and wife without
valid marriage.
SYSTEM OF ABSOLUTE COMMUNITY OF PROPERTY
Art.88-(Commencement of absolute community of property regime) - commence at the
precise moment that the marriage. Any stipulation, express or implied, for the commencement
of the community of property regime at any other time shall be void.
