Chapter 3: Void and Voidable Marriages
Article 35 – Void Marriages
Article 36 – Psychological Incapacity - a marriage is void if, at the time of its
celebration, one of the parties is psychologically incapacitated to fulfill the
essential marital obligations, even if this incapacity only becomes apparent after
the marriage is solemnized. This provision was amended by Executive Order No.
227 on July 17, 1987.
The incapacity refers only to the failure to meet marital duties, not necessarily
to a person’s inability to perform other tasks in life, such as a job or profession.
As stated by Justice Caguioa, psychological incapacity is not about mental
faculties or consent to marriage but about the inability to appreciate and fulfill
marital obligations. Psychological incapacity is not equivalent to insanity. It
specifically refers to an inability to meet the essential obligations of marriage.
The burden of proof in proving psychological incapacity lies on the plaintiff. The relationship. The psychological issues were present before the marriage, thus meeting the juridical
antecedence requirement.
required level of proof is "clear and convincing evidence," which is higher than
the "preponderance of evidence" used in civil cases but lower than "proof
beyond reasonable doubt" used in criminal cases.
2. Gravity
psychological incapacity can be proven without a psychological Explanation: The psychological incapacity must be of serious nature. It cannot be based
examination if the evidence presented is compelling enough. solely on minor disagreements or behavioral issues. Instead, it needs to stem from a
genuine mental or emotional disorder that significantly impairs a person’s ability to fulfill
Instances where allegations of psychological incapacity were not sustained: marital obligations.
Example: Consider a case where a spouse, Jamie, refuses to engage in any household
responsibilities or maintain any form of communication, claiming “just not feeling like it.”
If Jamie's refusal stems from a serious condition such as major depressive disorder that
significantly disrupts their ability to function in the marriage, this would satisfy the
gravity requirement. Conversely, if Jamie's behavior is merely laziness or lack of
motivation, it would not meet the gravity threshold.
3. Permanence or Incurability
Explanation: This requisite indicates that the incapacity must be enduring and not
something that can be resolved or cured through treatment. The incapacity should
reflect an ongoing condition that fundamentally undermines the marriage.
Example: Take the case of Taylor, who has been diagnosed with a personality disorder
that results in extreme mood swings and aggressive behavior towards their spouse. If
Taylor's condition is deemed chronic and is characterized by persistent behavior that
disrupts family life, such as frequent outbursts of anger, this would indicate psychological
incapacity. On the other hand, if Taylor experiences temporary issues, such as a stress-
related breakdown that improves with time or treatment, this would not meet the
permanence or incurability requirement.
The Requisites of Psychological Incapacity
Article 37 – Void Incestuous Marriages
1. Juridical Antecedence
Explanation: This means that the psychological incapacity must have origins in the party’s life
before the marriage took place. While the signs of incapacity may not be visible until after the
marriage, the roots of the issue must be traced back to before the union was formalized.
Example: Suppose a person, Alex, has a history of severe anxiety and emotional instability due to
childhood trauma. These issues were not evident during the marriage ceremony, but they become
apparent during the marriage, leading to frequent conflicts and inability to maintain a stable
Parents and heirs cannot file nullity cases regarding marriages of their
children or parents.
Article 38 – Void Marriages by Reason of Public Policy
The action or defense for declaring a marriage absolutely null does not have a
prescriptive period. This means there is no specific timeframe within which a
party must file an action or invoke nullity as a defense. A judicial decree
declaring the nullity of a marriage does not dissolve the marriage; it confirms
that the marriage was invalid from the start, thus making it non-existent.
Article 40 – Judicial Declaration of Nullity of Marriage Required
“the absolute nullity of a previous marriage may be invoked for purposes of
remarriage on the basis solely of a final judgment declaring such previous
marriage void.” By this statute, the rule is now that there is a need for a judicial
declaration of nullity of a void marriage only for purposes of remarriage.
Article 40 states that a prior judicial declaration of nullity of a marriage is
required only for the purpose of remarriage. This means that while a person
must obtain a formal legal declaration to remarry after their marriage has been
deemed void, this requirement does not extend to criminal cases where the
validity of the marriage is questioned, such as in bigamy cases.
A void marriage is inherently invalid (ipso facto) and does not require a judicial
declaration to be recognized as such. The only exception to this rule is found in
Article 40 of the Family Code, which necessitates a judicial declaration for
remarriage purposes. This distinction is important because a marriage that is
void from the outset (ab initio) lacks one of the essential elements of bigamy: a
valid prior marriage.
In bigamy, the law penalizes the act of marrying someone while still legally
married to another person. However, if the first marriage is void from the
Article 39 – No Prescription in Void Marriages (marriages declared void from
the beginning due to public policy have no prescriptive period for actions to
declare nullity.)
The action or defense for the declaration of absolute nullity of a
marriage shall not prescribe.
Judicial declaration of nullity of marriage - The judicial decree serves to
declare or confirm the voidness or non-existence of a marriage rather
than to dissolve it
beginning, then there is no valid marriage in existence, and thus no crime of If the first spouse later reappears, they can challenge the validity of the second
bigamy can occur. marriage. This is because, under the law, the first marriage is still considered to
be in effect until it is legally dissolved or declared void.
Article 41 - Presumptive Death of Absent Spouse
if a person is married and their spouse has been absent for four consecutive
years, the present spouse can remarry, but only if they have a well-founded Article 42 – Subsequent Marriage Terminated by Recording of Affidavit of
belief that their absent spouse is already dead. This rule is applicable to normal Reappearance (Judicial Declaration of Presumptive Death- need to obtain)
circumstances. However, in situations where the absent spouse disappeared
The subsequent marriage referred to in the preceding Article shall be
under circumstances that suggest danger of death (as outlined in Article 391 of
automatically terminated by the recording of the affidavit of reappearance of
the Civil Code), the period of absence required is reduced to two years.
the absent spouse, unless there is a judgment annulling the previous marriage or
For the purpose of contracting the subsequent marriage under the preceding declaring it void ab initio.
paragraph, the spouse present must institute a summary proceeding as
This means that if the absent spouse reappears, the second marriage
provided in this Code for the declaration of presumptive death of the absentee,
automatically ends once this is recorded, unless the first marriage has
without prejudice to the effect of reappearance of the absent spouse
been annulled or declared void from the beginning.
Recording of Reappearance: A sworn statement of the fact and circumstances of
reappearance shall be recorded in the civil registry of the residence of the
parties to the subsequent marriage at the instance of any interested person,
with due notice to the spouses of the subsequent marriage and without
prejudice to the fact of reappearance being judicially determined in case such
fact is disputed.
Anyone with an interest can file the sworn statement, and both spouses
must be notified. If there's a dispute about the reappearance, it can be
resolved in court.
The judicial declaration of presumptive death is without prejudice to the effect
of reappearance of the absent spouse.
Reappearance of the First Spouse:
Judicial declaration of presumptive death = sworn statement If only one spouse is in bad faith, the marriage remains valid, and thus,
the children born within that marriage are considered legitimate.
Article 45 – Grounds for Annulment of Marriage
Article 43 – Effects of Termination of Second Marriage by Reappearance
Article 46 – Circumstances that Constitute Fraud
Article 44 – Bad Faith of Both Spouses in Subsequent Marriage
If both spouses of the subsequent marriage acted in bad faith, said marriage
shall be void ab initio and all donations by reason of marriage and testamentary
dispositions made by one in favor of the other are revoked by operation of
law.
Example:
Suppose Spouse A and Spouse B enter into a second marriage while Spouse A is
still legally married to Spouse C, and both Spouse A and Spouse B are aware of
this. Since both acted in bad faith by knowingly entering a marriage without
terminating their previous marriage, the second marriage is void ab initio.
As a result, if Spouse A had gifted a house to Spouse B as a wedding present,
that gift would be revoked by operation of law because the marriage is
considered invalid. Additionally, if Spouse A had made a will leaving their estate
to Spouse B, that will is also revoked due to the bad faith of both parties in the
marriage.
Article 47 – Prescriptive Period to Bring Action for Annulment
Article 49 – Support and Custody During Pendency of Cases
Article 48 – Rules in Actions for Annulment or Declaration of Absolute Nullity Article 50 – Matters to Be Disposed of in Final Judgment
of Marriage
The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by
In all cases of annulment or declaration of absolute nullity of marriage, the Court Article 44 shall also apply in the proper cases to marriages which are declared ab
shall order the prosecuting attorney or fiscal assigned to it to appear on behalf initio or annulled by final judgment under Articles 40 and 45.
of the State to take steps to prevent collusion between the parties and to take
care that evidence is not fabricated or suppressed. The final judgment in such cases shall provide for the liquidation, partition and
distribution of the properties of the spouses, the custody and support of the
In the cases referred to in the preceding paragraph, no judgment shall be based common children, and the delivery of third presumptive legitimes, unless such
upon a stipulation of facts or confession of judgment. (88a) matters had been adjudicated in previous judicial proceedings.
Safeguard Against Collusion and No Confession of Judgment All creditors of the spouses as well as of the absolute community or the conjugal
partnership shall be notified of the proceedings for liquidation.
In the partition, the conjugal dwelling and the lot on which it is situated, shall be
adjudicated in accordance with the provisions of Articles 102 and 129.
Article 51 – Delivery of Presumptive Legitimes
In said partition, the value of the presumptive legitimes of all common children,
computed as of the date of the final judgment of the trial court, shall be
delivered in cash, property or sound securities, unless the parties, by mutual
agreement judicially approved, had already provided for such matters.
The children or their guardian or the trustee of their property may ask for the Article 54 – Legitimacy of Children of Voidable or Void Marriages
enforcement of the judgment.
establishes that children conceived or born before the judgment of
The delivery of the presumptive legitimes herein prescribed shall in no way annulment or absolute nullity of the marriage, as stated in Article 36,
prejudice the ultimate successional rights of the children accruing upon the becomes final and executory, shall be considered legitimate.
death of either of both of the parents; but the value of the properties already Additionally, children conceived or born from the subsequent marriage
received under the decree of annulment or absolute nullity shall be considered mentioned in Article 53 will also be deemed legitimate.
as advances on their legitime. (n)
Chi Ming Tsoi vs. Court of Appeals and Gina Lao-Tsoi
Article 52 – Registration of Final Judgment of Annulment or Declaration of
Absolute Nullity
states that the judgment of annulment or absolute nullity of the
marriage, the partition and distribution of the properties of the spouses,
and the delivery of the children’s presumptive legitimes must be
recorded in the appropriate civil registry and registries of property. If
these actions are not recorded, they will not affect third persons.
Article 53 – Effects of Subsequent Marriage Without Registration of Final
Judgment
specifies that either of the former spouses may marry again after they
have complied with the requirements outlined in the previous article
(Article 52). If they do not comply with these requirements, the
subsequent marriage will be considered null and void.
REPUBLIC OF THE PHILIPPINES, vs. COURT OF APPEALS and RORIDEL OLAVIANO
MOLINA, respondents.
LEOUEL SANTOS, petitioner, vs.
THE HONORABLE COURT OF APPEALS AND JULIA ROSARIO BEDIA-SANTOS
BRENDA B. MARCOS, PETITIONER, VS. WILSON G. MARCOS, RESPONDENT. The CA reversed the RTC ruling and set aside the decision that declared the
marriage null and void. It ruled that the marriage between the parties was valid.
Reasoning: The CA held that psychological incapacity had not been established
by the totality of the evidence presented. It emphasized that the root cause of
psychological incapacity must be medically or clinically identified, sufficiently
proven by experts, and shown to be existing at the time of the marriage. The CA
noted that the appellant (Wilson) was not subjected to psychological evaluation,
and the evidence did not demonstrate that he was psychologically incapacitated
at the time of the marriage.
In conclusion, the RTC declared the marriage null and void, while the CA upheld
its validity
Ngo Te vs. Yu-Te
Did the Court of Appeals set aside the RTC's findings of psychological incapacity
simply because Wilson did not undergo a psychological evaluation? NO
Should the totality of evidence presented, including witness demeanor,
determine the merits of the petition for nullity of marriage?
