VOIDABLE MARRIAGES

(ARTICLES 45 TO 47 OF FAMILY CODE)

GROUNDS NO PARENTAL UNSOUND MIND FRAUD FORCE, PHYSICAL SERIOUS AND
CONSENT INTIMIDATION INCAPACITY INCURABLE
OR UNDUE DISEASE
INFLUENCE (STD)
WHO MAY Parent, Party Sane Relative Insane Injured Party Injured Party Party unaware of Party not
FILE? Guardian whose spouse or Spouse and not suffering afflicted and
or parent did who did Guardian from Physical without
person not not have having Incapacity knowledge of
having consent knowledge legal disease
legal about charge of
charge insanity the
of the insane
party, spouse
whose
consent
is
required
SUBJECT TO NO Yes, by NO NO YES Yes by freely Yes, by freely NO NO
RATIFICATION? freely by Freely cohabiting cohabiting after
cohabiting cohabiting after gaining disappearance or
upon after full knowledge cessation of duress
reaching coming to of the facts
21 reason
PRESCRIPTIVE Before 5 years Before the death of either party 5 years 5 years 5 years 5 years
PERIOD the party
reaches
21
RECKONING -- Upon -- Discovery Disappearance of Celebration of Celebration of
POINT reaching cessation Marriage Marriage
21
EFFECT ON Revocable at the Revocable at the instance of the donor upon judgment of annulment
DONATIONS instance of the donor (Article 86 (3))
PROPER even without the
NUPTIAS (MADE judgment of annulment BUT, if the done acted in bad faith or is the guilty party, donation is revoked by operation of Law.
BY ONE SPOUSE (Art. 86 (2)) (Article 50, in relation to Article 43 (3))
IN FAVOR OF
THE OTHER)
PRESCRIPTIVE 10 years from Finality of Judgment of Annulment of Marriage (Article 1144)
PERIOD Exception: If revoked by operation of law, the ownership and title over donated property reverts back to the donor.
PROPERTY Absolute Community of Property, Conjugal Partnership of Gains, Complete Separation of Property or Any other Property Relations agreed
REGIME upon at the celebration of the Marriage (Article 50)
STATUS OF Legitimate, If conceived or born before the grant of annulment
CHILDREN (Articles 54 and 164)
 VOID MARRIAGES
(Articles 35, 36, 37, 38, 40, 41, 44, 53, 35 (6), 42)
LEGAL BASIS ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE 42
35 (1), (2), 36 37 38 40 41 44 53 (TERMINABLE
(3), (4), (5) ARTICLE MARRIAGE)
35 (6)
DESCRIPTION OF Below 18
GROUNDS Subsequent Subsequent Failure to
Lack of Subsequent Marriage Marriage comply with
Authority of Marriage without with Judicial Articles 51 Subsequently
Solemnizing without Judicial Declaration and 52 terminated by the
Officer Psychological Incestuous Against Judicial Declaration of filing of Affidavit
Incapacity Marriages Public Declaration of Presumptive Partition and of Appearance of
No Valid Policy of Nullity presumptive Death of Distribution the Previously
Marriage of Previous Death of First and of Properties absent spouses
License Void First and Absent and Delivery
Marriage absent Spouse of
Bigamous or spouse where both Presumptive
Polygamous parties are in Legitimes,
bad faith and
Mistake in subsequent
Identity Bigamous registration
under of such,
Article 35 including
(4) judgement
WHO MAY FILE? Under the Civil Code: Any interested Party Any Interested
Under the Family Code on or before March 15, 2003: Any interested Party person
Under Family Code but After March 15, 2003: Husband or Wife only, (Including spouse from Prior Marriage if the
second marriage is Bigamous)
AM 02-11-10
SUBJECT TO NO, VOID MARRIAGES CANNOT BE RATIFIED NO, since it is
RATIFICATION not defective
 PRESCRIPTIVE Action against void marriages do not prescribe Until death of
PERIOD Article 39 either party or
judgment of
nullity or
annulment
EFFECT ON Revocable at Revocable at Revocable Revocable Revoked by Revocable Revoked by Revocable at Valid
DONATIONS the instance the instance at the at the operation of at the operation of the instance
PROPTER of the donor of the donor instance of instance of Law if the instance of Law since of the donor
NUPTIAS (MADE the donor the donor Donee the donor both parties
BY ONE SPOUSE IN contracted are in bad
FAVOR OF THE the faith
OTHER) UPON marriage in
JUDICIAL bad faith
DECLARATION OF
NULLITY OF
MARRIAGE
PRESCRIPTIVE 10 Years from Finality of Judgment if Nullity of Marriage (Article 1144)
PERIOD Exception: if revoked by operation of Law, the ownership and the title over the donated property reverts back to the donor.
PROPERTY Article 147 Article 147 Article 148 Article 148 ACP, CPG, Article 148 Article 148 Article 147 ACP, CPG, CSP,
REGIME or Article CSP, or or whatever
148 whatever agreed upon at
(if agreed upon the time of the
Bigamous) at the time celebration of
of the marriage
celebration (article 43)
of marriage
(article 50)
APPLICABILITYOF -- -- -- -- Decree of -- -- -- --
SECTION 19 (1) OF Absolute
AM 02-11-10-SC nullity can
(COMPLIANCE only be
WITH ARTICLES issued by
50 AND 51) the Court
 after the
proper
liquidation,
partition,
and
distribution
of
Properties
STATUS OF Illegitimate Legitimate Illegitimate Illegitimate Illegitimate Illegitimate Illegitimate Legitimate Legitimate
CHILDREN (Article 165) (Article 54) (Article (Article (Articles 50 (Article (Article 165) (Article 54) (Article 43)
165) 165) and 165) 165)