ART 41

Bigamous Marriage EXCEPT presumptive death or absence for 2 years

with danger of death
If not Exempt, 2nd marriage is Void
ART 42
2ND marriage automatically terminated if theres affidavit of
reappearance UNLESS 1st marriage is void
ART 43
Effects of Termination of Marriage in Art 42
1. Children PRIOR to the termination are
LEGIT
2. Conjugal Property will be liquidated BUT IF
BAD FAITH, his share will be given to
a. Common children
b. If no common children, children
ng guilty spouse sa PREVIOUS
marriage
c. Or children of innocent spouse
3. Donations made remain VALID but if Bad
Faith
a. Such donations revoked
4. Innocent spouse may revoke inclusion of
the Guilty Spouse in the beneficiary of
Insurance Policy kahit na irrevocable sa
mismong policy
5. Guilty Spouse (who contracted 2nd
marriage in bad faith) shall be disqualified
to inherit from the Innocent Spouse
ART 44
If both spouse acted in Bad Faith, their marriage is
void and all donations revoked
ART 45
Marriage can be annulled by:
1. If A wants to annul marriage provided that
shes
a. 18-21 at the time of marriage
b. Marriage solemnized without
Parental Consent
UNLESS A and B cohabitated (when A
was already 21) as husband and wife
2. A was of Unsound Mind UNLESS A, after
coming to reason, freely cohabitated with

3.
4.

5.
6.

B as H&W
Consent obtained by Fraud UNLESS
despite knowledge of fraud freely
cohabitated as H&W
Consent obtained by Force, Intimidation or
Undue Influence UNLESS the same
disappeared and such party freely
cohabitated as H&W
A was physically incapable of
consummating marriage and such
incapacity is incurable
A was afflicted with a serious and
incurable STD

ART 46
The ff constitute fraud as mention in Art 45 (3)
1. Non-disclosure of final judgment of a
crime involving Moral Turpitude
2. Concealment that Wife was pregnant at
the time of marriage by a man other than
the Husband
3. Concealment of STD regardless of nature
basta dapat at the time of marriage
4. Concealment of
a. drug addiction
b. habitual alcoholism
c. homosexuality or lesbianism
existing at the time of marriage
No other deceit as to character, health, rank,
fortune or chastity shall constitute such fraud as
grounds for action for annulment

ART 47
Interested Party who can file for Annulment and
Prescription Periods:
Causes in
Interested
Prescription
Article 45
Parties
1.
18-21
No Consent
5 yrs after
without
Party
21st year
Parental
Parent/Guardia Any time
Consent
n having Legal
before Party
Charge of No
becomes 21
Consent Party
3. Insanity
Relatives of
Before Death
the Insane
of either

Insane Partner

5. Fraud

Injured Party

6. Vitiated
Consent

Injured Party

Party
During lucid
Interval or
after
regaining
sanity
Within 5
years after
Discovery of
Fraud
Within 5
years after
the FIU
ceased
already
5 years after
the Marriage

7. Number 5 &
Injured Party
6
ART 48
In annulment cases, Prosecuting Attorney or Fiscal
shall represent the State to prevent Collusion and
ensure evidence not fabricated or suppressed
No judgment shall be based upon Stipulation of
Facts or Confession of Judgment
ART 49
During pendency of the case and lack of written
agreement, Court shall support spouses and
Custody and Support of Common Children
Paramount consideration for the welfare of
children and their choice of parent and
appropriate visitation rights of the other parent

ART 50
Effects of Art 43 (2), (3), (4), (5) and Art 44 ALSO
apply to:
a. Marriage void ab initio
b. Marriage Annulled by Final
Judgment
Final judgment provide
a. liquidation, partition and distribution of
properties
b. custody of children
UNLESS these were already adjucated
All creditors notified
In the partition, conjugal dwelling shall be
adjudicated based on Art 102 and 129
ART 51
Presumptive legitimes of children computed sa
Final Judgment of the Trial Court
delivered in cash, property or sound
security
UNLESS previously agreed and approved by judge
Children or their guardian may ask for the
enforcement of judgment
Delivery of Presumptive Legitimes WILL NOT
prejudice the successional rights of the Children
but the amount received sa Legitimes nila will be
considered ass ADVANCES sa legitime nila