VOID VOIDABLE
- Art 4, Absence of any Essential (L/C) or Formal Requisites (A/L/C) of - Art 4, Defect of Essential Requisite & Irregularity of
PROVISION Marriage. Formal Requisite.
- Art 35, Marriages Void ab Initio - something to do with the consent of parties, either
- below 18 vitiated or no consent at all.
- no authority to solemnize marriage ARTICLE 45
- Mistake of Identity 1. Age
- Bigamous Marriages - Art 15, Parental consent for 18-21 yrs old.
- Marriage in Jest ASSAIL: Parent may assail within such age (18-21) or
- Common law marriages spouse
- Same sex marriage PERIOD: 5 yrs after reaching 21.
- Art 36, Psychological Incapacity 2. Unsound mind when consent was given.
- Art 37, Incestuous M. XPN: Free Cohabitation.
- Art 38, by reason of Public Policy. ASSAIL: Sane spouse, relatives of insane spouse, or
- Art 52 & 53, non-compliance with delivery of presumptive legitimes as insane spouse during lucid interval.
a requisite for remarrying. 3. Art 46, Consent obtained Fraudulently.
- Same sex M, no legal capacity XPN: Free Cohabitation
- Consent is lacking, bogus or simulated M ASSAIL: Aggrieved Party
- Common law M PERIOD: 5 yrs from the discovery
- Marriage by Proxy GROUNDS:
- M where exchange of vows was not done personally by parties in the - Non-disclosure of previous conviction of crime
presence of S.O.00 involving moral turpitude
- Wife conceals that husband is not the father of
the child during M.
- Concealment of STD regardless of nature.
- Concealment of Drug addiction, drunkard, homo or
lesbo.
4. Force, intimidation or Undue Influence
XPN: If such disappears & Freely Cohabited
ASSAIL: Aggrieved Spouse
PERIOD: 5 yrs from cessation of Violence or
Intimidation
5. Physically Incapable of Consummation
- Incurable, unknown to other, exist AT THE Time of M,
Continues during the trial.
ASSAIL: Aggrieved/Potent Spouse
PERIOD: 5 yrs from M celebration
- Triennial Cohabitation Doctrine, if wife remains virgin
for 3 yrs, husband is presumed as impotent. He has to
overcome such.
6. STD
- Serious & Incurable
- Concealment is immaterial.
ASSAIL: Aggrieved Party
PERIOD: 5 yrs from M celebration
Void Ab Initio. Valid until annulled
NATURE - Inexistent from the time of its performance. - binding until annulled
- cannot be ratified - may be ratified through prescription or cohabitation
- Not a source of Rights.
PROPERTY Governed by rules on Co-ownership Generally, rules of Absolute Community Propery.
- other system agreed upon by parties.
CHILDREN GR: Illegitimate Legitimate
XPN:
1. Art 36, Psychological Incapacity
2. Art 52 & 53, Non-compliance with presumptive legitimes before
marrying.
HOW IT’S IMPUGNED/ASSAILED 1. Directly or Directly, judicial declaration is necessary
2. Collaterally attacked
GR: AM 02-11-10-SC (Sec2) Exclusively by Husband or Wife GR: Art 47, Aggrieved Spouse
WHO MAY IMPUGN XPN: Any Party in interest in cases. Thus, they may file in direct XPN: Art 47 (1, 2)
proceeding 1. Art 45 (2) Insanity, Parent or Guardian
1. Petition for nullity filed before effectivity of AM 02-11-10 (Rule on 2. Art 45 (1) Lack of Parental Consent, Parent of Guardian
declaration of N/A for Void/able M) March 15,2003.
2. M celebrated during effectivity of Civil Code (Aug 3,1988)
- Heirs of deceased spouse may petition for nullity of M against survivng
spouse
3. W/H of 1st Marriage in cases of Bigamy
GR: 5 years (Filed DURING the lifetime of parties)
WHEN TO IMPUGN No prescriptive Period XPN:
Can still be assailed AFTER death of parties by persons in interest. 1. Lifetime of spouse in cases of insanity
2. Age, before reaching 21 (for parents)
JUDICIAL DECISION GR: Not Necessary Necessary
XPN: Art 40, If contracting a 2nd or subsequent M.
