Article 45 54 of the Family Code

Void vs Voidable Marriages

VOID VOIDABLE
Considered as never to Valid until the court
have been taken place and declared otherwise
cannot be a source of rights

Can never be ratified Can be ratified by free

cohabitation or prescription

Can be attacked collaterally Cannot be attacked

collaterally except in a
direct proceeding

Can be questioned even Can be assailed only during

after death of either party the lifetime of the parties
Voidable Marriages
Code: F-U-N F-I-S (Art. 45 FC)

F-raud
U-nsound Mind
N-o Parental Consent
F-orce and Intimidation
I-mpotence
S-exually Transmitted Diseases
Fraud under Art. 46 of the FC

Non-disclosure of previous conviction

Concealment of pregnancy
Concealment of STD
Concealment of Drug addiction, Habitual
Alcoholism, or homosexuality or
lesbanism
Public Policy Consideration

Marriage was instituted for the good of

the society and the marital relation is the
foundation of all forms of government.
(Marshal v. Marshal 115 Ark 51)
Exclusivity of the Grounds
Any ground not provided by law cannot
be invoked to annul a marriage. The
exclusivity of the grounds is in line with
the policy of the state to enhance the
permanence of marriage. Thus mere
non-cohabitation is not a ground for
annulment. (Villanueva v. CA, 505 SCRA
564)
No Parental Consent

Parties to a marriage aging at least 18

years and below are required to obtain
parental consent as an additional
requirement (Art. 14 of the FC)
Rationale
The opportunity to annul the marriage
exists in this situation so that the
probability of a troublesome, ill-advised
or stormy marriage relationship due to
unpreparedness of the contracting partie
financially, emotionally and
psychologically to enter into such
relationship can be terminated or
prevented
Unsound Mind

To successfully invoke unsoundness of

mind, there must be a derangement of
the mind to prevent the party from
comprehending the nature of the
contract and from giving to it his free
and intelligent concent
Burden of Proof
Generally, the burden of proof of insanity
rests upon him who alleges insanity.

If, however, a previous state of insanity

is proved, the burden of proof is usually
considered to shift to him who asserts
that the act was done while the person
was sane.
Fraud
Fraud refers to the non-disclosure or
concealment of certain circumstances
which materially affect the essence of
marriage.
Hence, there is no fraud when there is
no concealment or there is disclosure
The enumeration in the Art. 46 of the FC
is exclusive (Anaya v. Palaroan, 36
SCRA 97)
Non-disclosure of previous
conviction
To constitute fraud, the party must have
been convicted by final judgment of a crime
involving moral turpitude.

Moral turpitude includes everything that is

contrary to justice, honesty, or good
morals.

Generally, crimes under RPC are crimes

involving moral turpitude.
Non-disclosure of previous
conviction

The burden is on the convicted party to

reveal his criminal record.

His failure to do so will constitute non-

disclosure.
Concealment of pregnancy
The concealment must have been done
in bad faith

Mere pregnancy alone at the time of

marriage is not sufficient to successfully
annul the marriage on this ground.
There must be concealment.
Concealment of pregnancy

However, if the woman did not expressly

inform the man of her pregnancy but
such physical condition was readily
apparent to the man, he cannot claim
lack of knowledge of such pregnancy
Concealment of STD

In this ground, the nature or gravity of

the SDT is irrelevant. It is enough that
there was concealment.
Concealment of Drug Addiction
and Habitual Alcoholism
Who is habitually drunk?
Someone who has the habit so firmly fixed
upon him that he becomes drunk
periodically or that he is unable to resist
when the opportunity and temptation
presented. (Lewis v. Lewis 235 Iowa 693)
Concealment of Drug Addiction
and Habitual Alcoholism
Habitual drunkenness is a ground to
sever the marriage relations not merely
because it disqualifies the party from
attending to business, but in part, not
mainly, because it renders him unfit for
the duties of marital relation and
disqualifies him from properly rearing
and caring for the children born of the
marriage (Ibid)
Concealment of Drug Addiction
and Habitual Alcoholism
The deleterious and evil effects resulting
from the continued and excessive use of
drugs such as opium and morphine, are
well known, and that they interfere
much, to say the least, with the
happiness of married life, and produce
other effects upon the marriage relation
as deplorable, as those resulting from
excessive use of intoxication liquor
(Gowey v. Gowey 191 mass 72)
Concealment of Homosexuality
and Lesbianism

Homosexuality and Lesbianism indicate

that questions of sexual identity strike so
deeply at one of the most basic
elements of marriage which is the
exclusive sexual bond between spouses
Concealment of Homosexuality
and Lesbianism

The element of bad faith of the one

making the concealment, however, is
essential and must be duly proven
(Almelor v. RTC GR 179620)
Vitiated Consent (Force and
Intimidation)

As one of the essential requisites of

marriage, consent must not be obtained
by force, intimidation or undue influence.
Vitiated Consent (Force and
Intimidation)

There is intimidation when one of the

contracting parties is compelled by a
reasonable and well-grounded fear of an
imminent danger and grave evil upon his
person or property, or upon the person
or property of his spouse, descendants,
ascendant, to give his consent (Art.
1335 of the NCC)
Vitiated Consent (Force and
Intimidation)

To determine the degree of intimidation,

the age, sex and condition of the person
shall be borne in mind (Ibid)

The vitiated consent must be proven by

preponderance of evidence.
Vitiated Consent (Force and
Intimidation)
For intimidation to be appreciated, it
must arise from an unlawful act, not
from the exercise of a right.

A threat to enforce ones claim through

competent authority, if the claim is just
and legal, does not vitiate consent.
(Annotation, Annulment of Marriage by
Judge Domingo Lucenario, 22 SCRA
525)
Incapacity to consummate
(Impotence)

Incapacity to consummate denotes the

permanent inability on the part of one of
the spouses to perform the complete act
of sexual intercourse
Incapacity to consummate
(Impotence)
Justice Caguioa clarified that the idea in
subparagraph 5 is that either party was
physically incapable of consummating
the marriage with the other, arising not
only from physical causes but also from
whatever causes including psychological
causes.
Incapacity to consummate
(Impotence)
As a general rule, incapacity to engage
in sexual intercourse cannot be
presumed but must be proven by
preponderance of evidence.
Impotency, being an abnormal condition,
should not be presumed. The
presumption is in favor of potency.
(Menciano v. Neri San Jose, 89 Phil 63)
Rule of Triennial Cohabitation
The presumption of impotence may arise if
the situation comes in the purview of the
rule of triennial cohabitation.

This rule postulates that if the wife remains

a virgin for at least 3 years from the time
the spouses started cohabiting, the
husband must show that he is not impotent
and the burden will be upon him to
overcome the presumption of impotence.
Sexually Transmitted Diseases
If the STD is not concealed, it can still
be a ground for annulment of marriage
but, to successfully invoke this ground,
the STD, unlike the case of fraud, must
be found to be serious and incurable.
Ratification of Annullable
Marriages
In case of fraud, if the injured party, with full
knowledge of the facts constituting the
fraud, freely cohabited with the other as
husband and wife, there is likewise
ratification

In case of vitiated consent, if the injured

party, after the disappearance of force,
intimidation or undue influence, freely
cohabited with the other, there is ratification
Ratification of Annullable
Marriages
In cases of absence of parental consent,
free cohabitation after reaching the age
of 21 will constitute ratification

In cases of insanity, if the contracting

party with unsound mind, after coming to
reason, freely cohabited with the other
as husband and wife, constitute
ratification.
Grounds, Parties and Prescriptive
Period
Ground Party to File the Suit Prescription Period
1. No Parental a. Parent or Guardian Anytime before the no
Concent having legal charge of consent party reaches
the no consent party the age of 21
b. No Consent Party Within five years after
attaining 21
2. Insanity a. Sane spouse At anytime before the
without the knowledge death of either party
of insanity
b. Relative or guardian
having legal charge of
the insane
c. Insane Spouse During lucid interval or
after regaining sanity
Grounds, Parties and Prescriptive
Period
Ground Party to File the Suit Prescription Period
3. Fraud Injured Party Within five years after
the discovery of the
fraud
4. Vitiated Consent Injured Party Within five years from
the time force,
intimidation or undue
influence disappeared
or ceased
5. Incapability to Injured Party Within five years after
Consummate/ STD the marriage
ceremony
Procedure in Annulment and in
Declaration of Nullity Cases

The procedure is now governed by the

Supreme Court en banc Resolution in
AM No. 00-11-01-SC effective March 15,
2003.
Procedure in Annulment and in
Declaration of Nullity Cases

After the complaint of annulment has

been filed with the proper RTC, the
defendant will be given 15 days from the
receipt of summons to file an answer
Procedure in Annulment and in
Declaration of Nullity Cases
If the defendant fails to answer, he/she
will not be held in default rather the
court will order a full-blown hearing.

The Fiscal shall likewise appear to make

sure that there is no collusion and that
the evidences are not fabricated
Question!
What if the court renders an erroneous
judgment?

The judgment will still have legal effect. An

erroneous judgment is not a void judgment
(De la Cruz v Ejercito 68 SCRA 1)
Question!
What if the petitioner refuses to appear
upon subpoena by the Fiscal?

The annulment case may be dismissed by

the court upon a motion by the fiscal
(Tolentino v Villanueva 56 SCRA 1)
Role of the Fiscal and Sol. Gen.
In annulment and nullity cases, the
prosecuting attorney or the fiscal must
be present.

While Art. 48 of the FC does not

specifically mention them, such offices
may intervene in the proceeding
considering that the issue of the validity
of marriage is vested with public interest
(Republic v Iyoy GR No. 152577)
Collusion
Collusion occurs where, for purposes of
getting an annulment or nullity decree,
the parties come up with an agreement
making it appear that the marriage is
defective due to the existence of any of
the ground provided by the law and
agreeing to present such before the
court to facilitate the issuance of the
decree sought.
Stipulation of Facts or Confession
of Judgment

An annulment or nullity decree cannot

be issued by the court on the sole basis
of stipulation of facts or confession of
judgment. (Cardenas v Cardenas and
Rinen 98 Phil 73)
Stipulation of Facts or Confession
of Judgment
The former is the agreement of the
parties that such ground is present o
existing.

The latter is the admission by the

defendant or respondent admitting fault
Stipulation of Facts or Confession
of Judgment

If however, supported or corroborated by

other independent substantial evidence
to support the main ground, it may
warrant the issuance of the decree
sought.
Support of Spouses and Custody
of Children
While the case is pending, the support of
spouses and the custody and support of
the common children shall be governed by
whatever agreement of the parties.

If the Court finds such agreement

inadequate, it may disregard the same and
make the necessary provisions which
would be adequate under the
circumstances.
Support of Spouses and Custody
of Children
The court shall give extra attention on
the issue relative to the support and
custody of the common children.

The court shall give paramount

consideration to the moral and material
welfare of the said children and their
choice of the parent with whom they
wish to remain.
Presumptive Legitime

Legitime
Is that part of the testators property which
he cannot dispose of because the law has
reserved it for certain heirs who are,
therefore called, compulsary heirs.
Presumptive Legitime
In the words of Justice Puno,
presumptive legitime is a presumption
not an actual legitime, which is present
at the time of death.

Since the parties are still alive, we can

only presume what legitime is.
Presumptive Legitime
The presumptive legitime shall be
computed as of the date of the final
judgment of the trial court and shall be
delivered in cash, or sound securities
unless the parties, by mutual agreement
judicially approved, had already
provided for such matters.
Status of Children
Generally, children conceived and born
outside a valid or inside a void marriage
is illegitimate

Children conceived and born inside an

annullable or voidable marriage are
legitimate while those who were
conceived and born inside a void
marriage are illegitimate except as
provided for in Art. 54 of the FC.
Thank you and good evening!
Prepared by:
Arvin Jay Manauis
Kevin Somera
Khayzzie Viloria