Defective Marriages & Bigamous Marriages (2/3 MT) Flashcards
(110 cards)
1
Q
Discuss the doctrine in Pp v. Pulido
A
For purposes of criminal actions, even without judicial declaration of nullity, a void marriage is a defense in a bigamy case.
2
Q
Q: What are the effects of marriage when;
- declared VOID under art. 40?
- declared ANNULLED under 45?
A
in both cases,
[Art. 50]
- citing Art. 43 (2, 3, 4, & 5) & citing Art. 44 shall apply to marriages void (art. 40) [and] marriages annulled (art. 45)
[Art. 52]
- partition & distribution of the properties of the spouses
- delivery of the children’s presumptive legitime
- recording in appropriate LCR [and] registry of properties
OTHERWISE, it will have no effect on third persons (new person who wants to marry the annulled person or person in a void ab initio marriage)
IOW, non-compliance would be as if the previous marriage still exists (even with DANM or Annulment) therefore subsequent marriage would be VOID
3
Q
Art 40
A
The absolute nullity of marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void
4
Q
is the requirement of Art. 50 & 52 applicable to other marriages void such as
36 - PI
37 - Incestuous
38 - Public Policy ?
A
No, this only applies for marriages declared VOID under Art. 40 & applicable to Art. 45 voidable marriages
the law does not require partition, delivery of PL, and recording
5
Q
A & B from Victory got married online during the height of the pandemic. Years after they realized that their marriage was void ab initio and has one child named C.
A now wishes to marry Z. What is your advice to A?
A
- file a petition for DANM declaration of absolute nullity of marriage
- based on Art. 52, with prayer for as these matters are MANDATORY ;
- partition & distribution of the properties of the spouses
- delivery of the children’s presumptive legitime
- recording in appropriate LCR [and] registry of properties
if these matters are not included
6
Q
a void marriage with all essential & formal requisites yet is provided by law as void
A
Art 36 Psychological Incapacity
7
Q
JURISPRUDENTIAL GUIDELINES DETERMINING W/N there is Psychological Incapacity (PI)
LB: Republic v. Molina 1997
A
shorter
1. burden of proof to show PI lies w/ plaintiff
2. root cause is medically/clinically identified
3. incapacity proven to be existing BEFOREat the time of celebration or AFTER solemnization it becomes manifest (juridical antecedence**)
4. PI is permanent or incurable
5. grave enough to bring disability to fulfill essential marital vows
===========
1. burden of proof to show PI lies w/ plaintiff & any doubt should be resolved in favor of validity & continuity of marriage
- the root cause of the PI must be
a. medically or clinically identified (most important)
b. alleged in complaint
c. sufficiently proven by experts, &
d. clearly explained in the decision - incapacity must be proven to be existing at the time of the celebration of the marriage. manifestation of illness need not be perceivable at the time of the celebration of the marriage but the illness itself must been present at such moment OR PRIOR to
- otherwise referred to as juridical antecedence (evidence required to establish personality disorder due to causes before marriage like person’s own dysfunctional family & personal history) - PI must be shown to be medically or clinically PERMANENT or INCURABLE, which incurability may be absolute or even relative in regard to the other spouse, not necessarily absolutely against everyone
- Psychological Illness must be grave enough to bring the disability of the party to assume the essential marital obligations of marriage. There must be a natal or supervening factor in the person, an adverse integral element in the personality structure that effectively incapacitates the person from assuming & performing marital obligations
8
Q
Molina Guidelines for PI > 4 >
can a person adjudged to be PI be capacitated to remarry another?
A
Yes, the law does not considered Art. 36 PI as a LI to contract marriage
Screws & Driver illustration. While they are incompatible and do not fit, on that basis it is permanent but it may be perfect with another screw or a driver.
9
Q
Molina Guidelines for PI > 5 Gravity >
is having a lesbian wife grave enough for a ground for PI?
A
It will depend on the result. While it will affect dealings between the spouses, the important factor is if the result should be that it incapacitates the lesbian wife to comply with the marital obligations
if it does not, then it is a ground for legal separation
10
Q
what are these essential marital obligations?
A
Art. 68, 69, 70, 71 (Marital obligations between husband & wife)
Art. 220, 221, & 225 (Parental obligations of parents to children)
11
Q
Can a person judicially declared PI be liable for damages
A
No, in the case of Buenaventura v. CA, the SC ruled that the nature of PI is non-cognizance of one’s essential marital obligation, one guilty of PI is not liable for moral/exemplary damages since the incapacity to give significance and meaning to the marriage negates bad faith which is essential in awarding damages
12
Q
Common Type of Personality Disorder that may warrant PI
A
- Cluster A (odd & eccentric habits)
- Cluster B (overly dramatic)
- Cluster C (avoidant & anxious)
- Dependent Personality Disorder (unable to make own decisions)
- Antisocial P.D. (disregard of rights of others)
13
Q
SPECIFIC INSTANCES of behavior/conduct demonstrating PI
A
TN: circumstances part of the totality of evidence that a person has PI
- prolong refusal to have sex (Chi Ming Tsoi v. CA) 1997
- cohabitation/sex is deemed to be the spouses fundamental obligation
- Dependent Personality Disorder on husband & Anti-Social P.D. on wife (Ngo v. Ong) 2009
- pathological lying (Antonio v. Reyes) 2006
- mixed personality disorder from Self-defeating PD to Dependent PD (Halili v. Halili) 2009 manifested by entering into marriage as a joke, non-consummation, never lived together, & relationship shows constant quarreling.
- Frequent playing of mahjong, even bringing minor children during sessions, neglect of children, visits to beauty parlor & going out with friends (Kalaw v. Fernandez) 2015
- Paranoid P.D. which made the husband extremely jealous and violent (Fuente v. Fuente) 2018
- Schizophrenia (Datu v. Datu) 2021
- Failure to secure gainful employment, taking money from wife thru violence/intimidation, smoking marijuana in the same room w/ daughter (Silva v. Silva) 2021
- Unfounded jealousy, non-consummation of marriage (Cuan v. Marcelino( 2921
- Carefree life drinking, forcing wife to have sex with him, aggressive behavior (Torres v. Torres) 2022
- unjustified absence from marital home for decades (Leonora v. Lanuza)
14
Q
Behaviors/Situations NOT amounting to PI
A
- mere incompatibility & irreconcilable difference
- separation/abandonment alone is not conclusive of PI
- sexual infidelity/adulterous life
- excessive sexual desire/infidelity
- sexual infedility/abandonment
15
Q
a client approaches you asking his remedy with his wife abandoning the family home. he wants to file a prosperous case. what is your advice?
A
Separation or abandonment alone does not constitute PI however if the abandonment is shown to result from a PD, then it may be considered a PI
( Leonora v. Lanuza)
but looking at the facts of the case, the more prosperous approach would be to petition for legal separation as abandonment is a ground
TN: if the behavioral manifestation results to inability to comply with marital obligations, then it could be PI
16
Q
What is PI in the lens of Andal 2021?
A
PI consists of
- clear acts of dysfunctionality
that show a lack of understanding & concomitant compliance with one’s essential martial obligations
- due to psychological causes
17
Q
comparison between Molina & Andal doctrine of PI
A
- relaxed guidelines
- PI now legal concept not needing experts
TN: expert witness is not prohibited just better chances of getting a good judgment
18
Q
NOTABLE ASPECTS OF THE ANDAL RULING
LB: Andal v. Andal 2021
A
- to prove petition for nullity on the ground of PI, need clear & convincing evidence
- kind of marriage that state protects is a healthy union not a dysfunctional one thus state allows the dissolution by PI
- need for medical/clinical identification of mental incapacity is categorically abandoned
- JURIDICAL ANTECEDENCE remains required
- exists at the time or before celebration of marriage although manifest during
5. INCURABILITY no amended to mean so enduring & PERSISTENT w/ respect to a specific partner [and] spouses respective personality structures are so incompatible & anatgonistic thata the only result of the union would be the inevitable & irreparable breakdown of the marriage
- GRAVITY remains required
- failure to comply with essential marital obligation between wife & husband, and parent to child must be of a GRIEVOUS NATURE
- the persuasive effect of decisions from the NAMTCC on cases pending secular courts retain
- personal examination of the alleged PI no longer required for declartion of nullity based on PI so long as the totality of evidence sufficiently proves the PI of one or both.
19
Q
JURISPRUDENTIAL GUIDELINES DETERMINING W/N there is Psychological Incapacity (PI)
LB: Andal v. Andal 2021
A
- Clear & Convincing Evidence
- Expert Witness now optional
- Juridical Antecedence still Required
- Incurability legally meaning as the Persistence & Enduring manifestation of p.d. during the marriage
- Gravity still required
(my own understanding based on the notable aspects)
20
Q
Reasons for Prohibitino of Incestuous Marriage
A
- reason of morality
- practicality
- scientific/genetic reasons
- social & psychological reasons
21
Q
Art 38 > void marriages by reason of PP
WITHIN 4th civil degree
A
between;
- uncles & nieces
- aunts & nephews
- first cousins
- grandchildren & brother/sister of grandparents
22
Q
Tracy & Drico are half-siblings sharing one parent Abi
Martin & Tracy had a child named Nina
Drico & Joan had a child named Dallis
Can Dallis marry Nina?
A
Art. 38 prohibits marriage between first cousins but the law does not explicitly provide the prohibition against half-cousins
23
Q
Martin marries Tracy thus making tita Abi his mother-in-law.
if Tracy passes away or the marriage between M & T is declared to be annulled or void. can M marry A?
A
No, Art. 38 (3) marriage between parents-in-law children-in-law contemplates a situation where the common bond is already terminated (by death or judicial decree)
24
Q
W-oman has a B-oy
M-an has a G-irl
M & W marries
can B & G marry?
A
Yes, marriage between step-children is allowed under the FC. What is prohibited is marriage between step-parents and step-child
25
M marries W who has a daughter G
W dies
M marries G.
valid?
No, marriage between step-parent and step-child is prohibited
26
G marries B
Can G's mother W marry B's father M?
Yes, there is no Legal Impediment.
27
M adopts B
M marries W
M **dies**
can B marry W?
art 38 (5)
- between the surviving spouse of the adopting parent and the adopted child
No, adopted child cannot marry surviving spouse of adopter
28
M adopts B
B marries G
B **dies**
M marry G?
art. 38 (6)
- between the surviving spouse of the adopted child and the adopter
No, adopter cannot marry the surviving spouse of the adopted child
29
M adopts B
M marries W
M annuls marriage with W
can B marry W?
Yes, what is contemplated is the prohibition is "surviving spouse" which means the adoptive parent must be dead but in this case, the marriage was dissolved through court order and not through death.
therefore, B can marry W
30
M adopts B
B marries G
B annuls marriage with G
M marry G?
Yes, the prohibition provided is the surviving spouse of the adopted child. In this case, the marriage was dissolved by court order and not through death therefore the Man can marry the Girl.
31
Does dissolution of the marriage which was the common bond giving rise to relationship by affinity terminate the relationship by affinity?
(Dissolution of marriage) does NOT terminate a **relationship by affinity**, applying by analogy the ruling in the **intestate estate** in the case of **Carungcong v. Sato** 2010
32
what is the legal status of the adopted child in relation to the relatives of the adoptive parent?
previously, the adopted child is considered a stranger with no legal relationship to the relatives of the adoptive parent
now with RA 11642, the adopted child is now related by affinity with the relatives of the adoptive parent.
33
examples of collateral attack on the validity of marriage
a. action for **support**
b. action for **recovery of insurance benefits**
c. action for **settlement of estate** of a deceased person whose marriage is alleged to be VOID
d. action for **determination of heirship**
TN: spec pro on correction of entry action, court has no JD to nullify marriages, rule on legitimacy (Braza v. Civil Registrar)
34
Carino a police officer contracted 2 marriages
He died and the gov't is obliged to release death benefits to the heirs of Carino but there are 2 wives
1st wife - I am lawful wife because my marriage was not declared void
2nd wife - i am lawful wife because, first marriage is void for want of ML
what is the mode of attack in this scenario?
rule on the validity of the marriages
[A]
the mode of attack is collateral attack for an action to claim death benefits
[B]
In the case of **Carino v. Carino** the first marriage is void for want of ML and the second marriage is likewise void for having been solemnized without the 1st marriage judicially declared void under Art. 40
35
May the status of a void marriage be collaterally attacked in a criminal prosecution for bigamy?
Consistent with the **Pulido case**, the court confirms the voidness of a the first marriage in a criminal action
Nullity may be proved by evidence such as
- testimonies of witnesses
- documentary evidence
- judicial declaration of the first marriage void
36
In a special proceeding for correction of entries in the civil registry, Ma. Cristina Torres Braza discovers that her deceased husband, Pablo, was allegedly married to Lucille Titular after their marriage, and they had a child named Patrick.
Ma. Cristina files a petition with the Regional Trial Court seeking to correct Patrick's birth record, claiming that Pablo and Lucille's marriage is bigamous and that Patrick's legitimacy is in question.
Question: Does the trial court have jurisdiction to nullify the marriage between Pablo and Lucille in this special proceeding for correction of entry?
No, the trial court does not have JD to nullify the marriage in a special proceeding for correction of entries. (**Braza v. City Civil Registrar**) 2009
37
what is the remedy to correct an erroneous entry in the civil registry where status of a party is reflected as "married" even when no such marriage took place?
Rule 108 Correction of Entries in the Civil Registry
38
Merlinda L. **Olaybar** discovers that she is listed as married to Ye Son Sune, a Korean national, despite having no knowledge of this marriage. She claims she did not appear before the solemnizing officer, did not know Ye Son Sune, and that her signature on the marriage certificate was forged.
Distraught, Olaybar filed a petition for DANM so she can marry her bf. Is this correct remedy?
The proper remedy is petition for correction of entry in the civil registry under rule 108 as this is a case of non-marriage.
if it was a void marriage, the proper remedy would be to declare the 1st marriage void however in the case of **Olaybar**, this case shows that this is a non marriage case.
Insofar as her petition for DANM is concerned, it is incorrect because it is non-marriage, DANM is not required.
39
a man died, leaving behind a legitimate family and children. During the wake, a woman appeared with a boy, claiming to be the deceased man's second wife and the boy's legitimate mother. The legitimate family discovered a marriage certificate and the boy's birth certificate, indicating that the woman was indeed married to the deceased.
The legitimate family filed a petition for correction of entries under Rule 108 of the Rules of Court to contest the legitimacy of the second marriage.
Was the action proper?
No, the action is not proper. Illustrated in the case of **Braza v. City Civil Registrar** the SC ruled that the proper remedy in challenging the validity of the marriage would be to petition for DANM and not in a special proceeding for an action for correction of entry under rule 108.
However, had this be a case of non-marriage, then the action under rule 108 would be proper as non-marriages are not required to have a DANM
40
RULE who can file DANM
Before Effectivity of the FC on (aug 3, 1988)
- any interested party can file DANM (direct attack)
**AFTER** Effectivity of the FC:
[1] filed *before* march 15, 2003
[2] filed *after* march 15, 2003
[1]
- same rule applied as if it was filed before effectivity of FC
[2]
- only husband/wife can file DANM (direct attack)
41
you are father of your son> son now married > son died > dispute arise over property of deceased son > year 2025
applying the rule, what is the remedy of the father?
the remedy of the father is not to directly attack the validity of the marriage but collaterally attack the validity through an action for **settlement of estate**
42
under the existing rule who can file DANM. in a situation where there the husband contracts 2 marriages and there are 2 wives and the rule provides either the "husband or wife" can file.
Between which wife can file the petition?
in a **bigamous marriage**, the husband and wife referred to is the **lawful spouse**. Provided that the first marriage is valid and a 2nd one is contracted, the 2nd is void for being bigamous so the first wife is considered the lawful spouse **Fujiki v. Marinay** 2013
43
under the existing rule who can file DANM. in a situation where there the husband contracts 2 marriages and there are 2 wives and the 2nd wife is not aware of the first marriage
Between which wife can file the petition?
The 2nd spouse who is not aware is also an aggrieved spouse so the Fujiki doctrine does not apply so the 2nd spouse can **also** file a petition for DANM
44
may the guilty spouse file the petition to declare a marriage null & void?
Yes.
Unlike petitions for annulment of marriage under Art. 45 (voidable) which can be filed only by the injured spouse, **even the guilty spouse can initiate the petition, as the rule does not make any qualification** (Chi Ming Tsoi v. CA 1997)
45
You are a womanizer, wife-beater, drunkard, gambler, with all the sins in the book. Does the principle of "he who comes to court must come with clean hands" apply to petition for DANM?
No, that principle is based on **equity** and only applied in the absence of law.
Yes, even the guilty spouse may file a petition for DANM (Republic v. Dayot) 2008
46
for purposes of re-marriage, a judicial declaration of nullity of the previosu marriage is required
give actions/proceedings where the judicial declaration is not required
1. intestate or testate proceedings/**settlement of estate** of a deceased
2. **declaration of heirship/filiation**
3. action for **support**
4. action for **partition**
5. claims for **death benefits/insurance claims**
47
A & B got married w/o ML so marriage is void. A wants to marry C what must he do in order to validly do so?
A must first obtain the DANM, partition and distribution of the properties if any, delivery of presumptive legitimes and it be recorded in the appropriate local civil registry and registry of property and then he can marry again.
48
what if married ka and nawala imong wife and then ni file kag presumptive death then nag marry ka balik and then 2 yrs after marriage namatay ka and then nibalik imong first wife nag file siya og affidavit of reapperance kai gnahn sya makakuha sa imong property.
the 2nd wife gets the property as the husband died in voidABLE marriage thus valid until annulled
can the first wife collaterally attack the valid marriage thru a case for settlement?
**SSS v. Bailon**
a voidABLE marriage cannot be assailed collaterally and only thru the direct attacks (&) in the lifetime of the parties.
Upon the death of either spouse in a voidABLE marriage, it will remain good ab initio
49
Instances where prior declaration of nullity of marriage is indispensable
a. for re-marriage (art. 40)
b. for REVOKING donation propter nuptias by operation of law (art. 43)
c. for REVOKING donation propter nuptias by donor (art. 86)
TN: propter nuptias means **by reason of marriage**
50
reasons for requiring DANM of a previous void marriage for the purpose of re-marriage
1. to do away with the continuing uncertainty on the validity of the 2nd marriage
2. not for the parties to judge for themselves the status of their marriage, only courts have authority to declare marriage void
51
Is prior judicial declaration of nullity of a previous void marriage required to avoid criminal liability for bigamy?
It is not required for purposes of avoiding criminal liability in the case of **PP v. Pulido**
52
1st marriage voidable, later gets 2nd marriage, liable for bigamy?
1st marriage void, later gets 2nd marriage, liable for bigamy?
No,
Yes.
53
distinguish art. 35 (4) [and] art. 40
art. 35 (4)
- those bigamous or polygamous marriages not falling under Article 41
art. 40
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
35(4)
- **first marriage is valid/voidable** & contracts a 2nd one
- the mere fact it is bigamous is reason why it is void
- since valid is the 1st marriage, one is criminally liable for bigamy
40
- **first marriage is void** & contracts a 2nd one but 2nd is void for failure to comply with art. 53
- consistent with **Pulido doctrine**, not liable for bigamy
54
when a marriage is declared void for non-compliance w/ art. 40 what are the effects in art 43
outlined in Art. 43
a. ACP or CPG is **dissolved & liquidated**
b. **net profit** of GUILTY spouse forefeited to
i. common children
ii. children of the guilty spouse by prevoius marriage
iii. innocent spouse
c. if donEE acted in bad faith, donation is revoked by operation of law
d. innocent spouse *may* revoke the guilty one as a beneficiary even if designation is irrevocable
e. guilty spouse disqualified to inherit by testate or intestate from innocent spouse
55
what is the effect to the family home when marriage declared void under art. 40?
If the marriage is declared void on grounds *other than art. 40*, what would happen to the family home?
[Under 40]
- family home will be adjudicated to the spouse where with whom the majority of the minor children choose to stay.
[Void other than Art. 40]
- if proven to be **co-owned** by the spouses, shall be divided between them
56
the requirement of liquidation and partition of spouses property, delivery of presumptive legitimes, and recording in the local civil reigstrar.
[A]
which marriages are required to do those?
[B]
how is property dissolved in other kinds of void marriages
[A]
only void marriages under art. 40 and voidable marriages under art. 45
[B]
on marriages void other than art. 40 & 45, the liquidation of properties of the spouses shall be done in accordance with the **Rules on Ordinary Co-Ownership**
57
In Art. 41 it provides that the first marriage is valid unlike Art. 40 where it is void.
Art. 41 provides that a 2nd marriage is bigamous except at what instances
1. 1st marriage dissolved either by;
- death
- decree of annulment
2. first spouse judicially declared **presumptively dead** in a summary proceeding filed for that purpose.
58
Presumption of death arises when;
1. spouse is missing for 4 **consecutive** years under normal circumstances
2. 2 years where there is danger of death
59
A & B married. B disappeared for 8 years. A married C.
What must B do to be recognized?
Mere reappearance will NOT produce legal effects. B must;
1. execute an affidavit of **reappearance**
2. file the same in the LCR **where the spouse of the 2nd marriage resides**
submission of the same will automatically annul the 2nd marriage of A and restore the previous marriage
60
Juan and Maria were married. After Juan was presumed dead for seven years, Maria married Pedro, believing Juan to be deceased. Juan suddenly reappeared but did not file an affidavit of reappearance with the local civil registrar. Shortly after, Pedro died in an accident.
Question:
Who is entitled to inherit from Pedro’s estate: Maria, the first spouse, or Juan, the reappearing spouse?
Maria is entitled to inherit Pedro's estate
61
in a valid bigamous marriage under Art. 41, what is the status of the 2nd marriage? is it void, voidable, valid?
in the context of Art. 45, it is voidable in the sense that it is subject to the AoReapperance of the absent spouse. when that happens 2nd marriage is automatically annulled.
62
who can cause the registration of an affidavit of reappearance?
one view states that it is only the absent/reappearing spouse
another view argues that since marriage is imbued with public interest, the public can also file
63
how to establish **well-founded belief** for purposes declaring absent spouse presumptively dead
1. his parents must be written to
2. help of local authorities or embassy if spouse foreigner
3. witnesses of present spouse met in the course of the search
4. help of the media
5. specific places missing spouse visited & testified to
64
Effects of the grant of missing spouse presumptively dead
properties from the previous marriage shall be **liquidated** as if the former spouse is dead
65
A & B marry but B gone for 10 years
A & C marry and obtained several properties
A died
B returns wanting property so he files an affidavit of reappearance in the LCR where the spouses of the 2nd marriage reside
will B's action prosper?
No, like any voidable marriages, it can ONLY THRU
- be attacked **during the lifetime of both parties** and
- a **direct action** (voidALE never collateral)
filing an Affidavit by the missing spouse after the death of the present spouse does not produce any legal effects. A's 2nd marriage remains valid.
66
Effects of termination of 2nd marriage as a result of the filing of the Affidavit of Reappearance of the absent spouse
Basically Art 43 applies
*[cpdii*]
a. children of 2nd marriage conceived prior to termination are **legitimate**,
- even if **either party** acted in bad faith, marriage is valid
- however, if both in bad faith, 2nd marriage VOID (art. 44)
b. the ACP or CPG shall be **dissolved & liquidated**, but if either spouse is in [bad faith], his/her share in the NET PROFITS of the ACP/CPG shall be forfeited in favor of the;
- common children
- children of guilty spouse by previous marriage
- innocent spouse (in that order)
c. donation by reason of marriage shall remain valid, but if donee (recipient) is in bad faith, it is revoked by operation of law
d. insurance policy remains valid but if **beneficiary acted in bad faith**, it is revocable at the option of the innocent spouse
- not by operation of law
- bad faith necessary
e. bad faith spouse shall be **disqualified to inherit** from testate/intestate succession from the innocent spouse
67
When is bad faith reckoned with insofar as the 2nd marriage is concerned?
what is the effect of that knowledge on the status of the 2nd marriage? will it be different if knowledge came before 2nd marriage was contracted?
For purposes of applying Art. 42, 43, 44, bad faith should be reckoned from **the time BEFORE the 2nd marriage is contracted**
so if both parties in 2nd marriage were aware the absent spouse is alive & marry, then 2nd marriage is void
but if knowledge came after, it will not affect the validity of the marriage & not deemed as bad faith
68
what is NET profits of the CPG/ACP
**Net Profit** is the increase in market value from time of celebration of marriage to time of dissolution
69
A & C contracted subsequent marriage. during marriage the building was worth 1million but when B filed his AoR their marriage was dissolved and must dissolve & liquidate the property it being worth 1.8million
if both were in good faith
if either was in bad faith, how will the 1.8 million be divided
[a]
900k each spouse
[b]
500 to the guilty spouse
900 to the innocent spouse
400k or the net profit forfeited according to the hierarchy
70
effect of dissolution of 2nd marriage art. 43 > 3>
what if donor is in bad faith, will the donation be revoked by operation of law?
No, donation is still valid as what is provided in the exception is the donee (recipient) and not the donor (giver).
71
Distinguish Art. 43 (either in bad faith) & Art. 44 (both bad faith)
cpdii
[Children Conceived]
43 - legitimate
44 - illegitimate
[Net Profits]
43 - Cpg/Acp dissolved —Share of net profits of Guilty Spouse Forfeited
44 - Forfeiture under Art. 148 (Limited Co-Ownership)
[Donation]
43 - revoked by operation of law if donEE b.f.
44 - all donations revoked by operation of law
[Insurance]
43 - may revoke b.f. spouse as beneficiary
44 -
other forms of donation are void (art 739-donations between persons guilty of adultery)
[Inheritance]
43 - b.f. sps disqualified from inheriting from the g.f. sps
44 - cannot inherit due to absence of legal relations bet. each other
72
Art. 40
v.
Art. 35 (4)
[1st Mrg.]
40 - 1st marriage void & contracts 2nd w/o DANM
35(4) - 1st marriage valid/voidable & contracts 2nd
[2nd Mrg.]
40 - void not bc bigamous but failure to comply Art. 53
35(4) - void bc bigamous
[Bigamy Liability]
40 - no liability
35(4) - w/ liability
73
in a situation where there is connivance between A & C ontained presumptive death thru **EXTRINSIC FRAUD** when in fact B was never missing. B filed AoR
rule on the propriety of his action
The declaration of presumptive death was obtained through extrinsic fraud, the proper legal action is NOT filing an affidavit of reappearance since the spouse was never missing but **action to ANULL THE JUDGMENT** as in the case of (**Santos v. Santos**) 2014
74
Instances where juridical declaration of nullity of marriage is mandatory
1. for purposes of re-marriage
2. revoking donation by reason of marriage by operation of law
3. revoking donation by reason of marriage by the doNOR
75
Can you challenge a voidable marriage between deceased spouses or one deceased spouse?
No, when one dies and there is no annulment, then that person dies in a valid marriage unlike void marriages where it can be assailed even after death
76
why is it important to determine the if the ground is BEFORE marriage for Art. 45?
Because if the ground exist AFTER the wedding, it may be a ground for Legal Separation and NOT annulment.
Art. 45 grounds exists BEFORE celebration
77
Art. 45
a marriage may be annulled for any of the following causes, **existing at the time of the marriage**
1. parties aged **18-20 lack parental consent**
2. either party was of **unsound mind**
3. consent by either was obtained by **fraud**
4. consent by either party obtained through *fiui* **force, intimidation, or undue influence**
5. either party was **Physically Incapable of consummating marriage** & incapacity continues & appears to be incurable
6. either party afflicted with STD found to be **serious & appears incurable**
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ARt 45(3) > what constitutes fraud contemplated in the previous provision?
Art. 46
1. non-disclosure of a **previous conviction of crime** involving **moral turpitude**
2. **concealment by wife/pregnancy** by other man
3. **concealment of STD**, regardless of nature
4. **concealment of drug addiction, habitual alcoholism, homosexuality, lesbianism**
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45(3) > 46(2) > Concealment of pregnancy
If A & B had premarital sex and B got pregnant but in reality B was pregnant with C's child and A thought it was his so he married B, will this be a ground for PAM citing concealment of pregnancy?
No, because the pregnancy was not concealed and husband was made aware of the pregnancy, the presumption is he should know as when the bump in the stomach grew quickly only when they did it a week ago.
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which ground in art 45 has no ratification
ground 5: physical incapacity to consummate marriage & incapacity continues and appears incurable
ground 6: STD of serious/incurable nature
while not ratifiable, they are do prescribe
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Grounds of Art. 45
[grounds]
- who can file
- prescriptive period
[Lack of PC]
- Parent/Guardian having charge of "No consent" Party
- **Anytime before "No Consent" party reaches 21**
[Lack of PC]
- "No consent" party himself
- w/n 5 years **AFTER** attaining 21
- after attaining age of 21, party freely cohabited with other & both lived together as husband and wife
[Insanity]
- Sane spouse w/o knowledge of insanity
- **Any time before death of either** patry
[Insanity]
- Relative/Guardian having legal charge of the insane
- **any time before death of either** party
[Insanity]
- Insane spouse himself
- **DURING** lucid interval [or] **AFTER** regaining sanity
[Fraud]
- Injured Party
- 5 years **AFTER DISCOVERY** of fraud
[Force, Intimidation, Undue Influence]
- Injured Party
-5 years **AFTER CESSATION** of FIUI
[Physical Incapability to Consummate Marriage]
- Injured Party
- 5 years from **marriage ceremony**
[STD]
- Injured party
-5 years from **marriage ceremony**
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45 (5) > Physically Incapable of Consummating Marriage > what is permanent & incurable?
M & W marry but M is impotent later files PAVM citing ground 5. W finds out that M is having an affair with G.
can W challenge the use of the ground of permanent & incurable?
It will not prosper as the incurability is only RELATIVE with respect to the specific spouse. physical incapacity referring **only to the specific spouse** and not to others
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STD under fraud (46)
v.
STD (45(6))
46
- concealed
- in any nature
- prescribes 5 years **after discovery**
45(6)
- no concealment (but NOT known)
- serious & appearing incurable
- prescribes 5 years **after solemnization of the marriage**
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what is the prescriptive period if the STD permanent and incurable is concealed from the innocent spouse? 5 years after discovery or celebration?
To reconcile these two provisions, it is suggested that if the STD is permanent & concealed, it should be under the ground of fraud paragraph 3 of Art. 45 thus it shall prescribe 5 years **after discovery** to be consistent
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in case of physical incapacity to consummate (groud 5) & serious & incurable STD (ground 6) of Art 45. is it required that these ground be "UNKNOWN" to the injured spouse at the time of the celebration of the marriage?
Yes, the grounds should be unknown to the injured party; the **equitable principle that one should come to court with clean hands applies (Atty. Rabuya)
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What is the effect of an Annulment?
Just like how the effects of filing an AoReappearance, the effects of annulment is covered in Art. 43 (2, 3, 4, 5) & Art. 44
& must comply with Art. 53
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Compare the
"effect of non-compliance w/ liquidation on art. 53"
vs.
"liquidation requirement under 103 & 130)"
In cases where dissolution is by **DEATH**. non-compliance of 50, 51, 52 will NOT nullify the 2nd marriage.
the effect when marriage dissolved by death is **mandatory complete separation of property regime in the 2nd marriage** under Art. 103 & 130
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A & B married couple.
B dies
A marries C
A did not comply with Art. 50, 51, 52
is the 2nd marriage valid?
Yes, the 2nd marriage is valid as the previous marriage was dissolved by death and not by Art. 40 or Art 45.
**Complete Separation of Property Regime** governs
the effect here is the property of first remains the first marriage and second remains the second
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What is required in Art. 50
[Effects]
- effects in Art. 43 (2,3,4,5) & 44 shall also apply to marriages under Art. 40 (void) & Ar.t 45 (voidable)
[Judgment]
final judgment in those cases shall also include
- liquidation
- partition
- distribution
- custody & support of children
- delivery of presumptive legitimes
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What is required in Art. 52?
The **Recording** in the Civil Registries & Registry of Properties of;
- the judgment of nullity or judgment of annulment
- **partition & distribution** of the properties of the spouses
- delivery of presumptive legitimes
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A & B are married but is pending DANM. they had 2 children and one incoming. are they legitimate children?
Yes, children born before annulment or nullity specifically under Art. 36 has become final & executory is considered legitimate
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Status of Children Art. 54
1. children born out of wedlock are illegitimate but subject to legitimation
2. children born inside voidable marriage are legitimate
3. children born in a void marriage are illegitimate. exc
- void marriage under Art. 36
- void marriage under Art. 53 (child born after declaration of marriage void is still legitimate)
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Special Rule governing
- DANM
- PAVM (v=voidable)
**A.M. No. 02-11-12-SC**
1. Who can file
2. What mode of attack is allowed
BEFORE Effectivty of FC (Aug 1988) [**&**] Petition filed Before March 15, 2003
- any interested party
- direct/collateral
AFTER
- only spouses (direct or collateral)
- interested party (only collateral)
ex collateral: settlement of the estate of the deceased
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LEGAL SEPARATION
aka
relative divorce
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grounds for LS
r m
1. **repeated** physical violence [or] **grossly** abusive conduct directed against the
- petitioner
- common child
- child of petitioner
2. physical violence [or] **moral pressure** to compel petitioner to change religious/political affiliation
3. **attempt to corrupt or induce** the p,cc, cop, to engage in **prostitution** [or] connivance in such corruption or inducement
4. final judgment of imprisonment of **more than 6 years**, *even if pardoned*
5. **drug addiction** [or] habitual alcoholism
6. contracting **2nd bigamous mrg.** in Phil or abroad
7. Lesbianism/Homosexuality
8. Sexual Infidelity [or] Perversion
9. **attempt** against life of petitioner (not ccc, cop)
10. **abandonment** without justifiable cause for more than 1 year.
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A files a legal separation on ground 1 since B punched her in public. will it prosper?
No, ground 1 provides for repeated physical violence nor is it ground 2 refers a single act of physical violence for the purpose of changing religious/political affiliation.
Under VAWC, a single act can be a ground for prosecution but not in ground 1 in L.S.
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Differentiate Final Judgment in
Art. 46 in rel'n to Art. 45(3)
&
Art. 55
in Art. 46, there is concealment of final judgment involving moral turpitude
in Art. 55, no concealment, judgment more than 6 years and irrespective w/n it involves moral turpitude
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what must concur in order that the ground 8 on a PLS art. 55 sexual infidelity or perversion be a ground to declare a marriage void?
under the Andal doctrine, if the sexual infidelity or perversion has;
juridical antecedent
gravity
incurability
then it can be a ground for PI under Art. 36 rendering marriage void.
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Art. 55 (10) when can abandonment of petitioner constitute a ground for PI under Art. 36 rendering a marriage void?
In the case of **Lanuza v. Lanuza**, the grounds for L.S. may constitute PI if there be showing of;
- juridical antecedent
- gravity
- incurability
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PLS shall be denied on any of the following grounds
IOW, grounds that prevent from PLS
IOW, defenses against PLS
TN:
PLS - petition for legal separation
AP - aggrieved party
1. AP **condoned** offense or act**
2. AP **consented** to the act
3. **connivance** between the parties in the offense
4. both parties have given ground for L.S. (**in pari delicto** or **mutual guilt**)
5. **collusion** to obtain decree of L.S.
6. **barred by prescription** (5 years from occurrence)
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PLS > Grounds for Denial > Barred by Prescription after 5 years **From occurrence**
20 y/o husband is homosexual
homosexual since birth
wife learnt he is homosexual after 6 years in marriage
can the wife PLS?
Yes, **when the ground/cause is a CONTINUING ACT, it does NOT PRESCRIBE**.
Thus, the wife can file a PLS even after 6 years of marriage
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Victim wife was repeatedly abused and filed for PLS on the first ground.
Within 6 months, the victim applied for TPO
Abuser raised the cooling off period in Art. 58 stating that an action for L.S. shall not be tried until 6 months has elapsed from filing of the petition
is the abuser's defense tenable?
No, the cooling off period refers only to **trial on the merits for PLS** and not on incidental matters such as TPO. The victim can validly apply for TPO
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A & B agreed among themselves that they are no longer compatible. Both realize that they do not have void or voidable grounds to dissolve their marriage but agreed to separate and not file for any bigamy case so the filed a PLS
the judge received a stipulation of facts or confession of judgment from the parties. May the judge now award as admission is the highest form of evidence?
Art. 60. No decree of L.S. shall be based on the stipulation of facts or confession of judgment.
the court shall order the PA (prosecuting atty) or fiscal to take steps to prevent collusion & take care evidence is not fabricated.
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DECREE of L.S. shall have the ff. effects
spic
1. spouses entitled to **live separately** but marriage bond is not severed
2. ACP/CPG shall be **dissolved & liquidated** but the offending spouse shall have no right to any share of the NET PROFITS & shall be forfeited in accordance with Art. 43(2)
3. custody of **minor children** shall be awarded to the innocent spouse subject to provisions of Art. 213
4. offending spouse shall be **disqualified from inheriting from innocent spouse** by intestate or testate succession in spite of the subsisting marriage.
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after the decree of L.S. the spouses realized their mistake what must they do to become together legally again?
Art. 65
jointly file a **manifestation under oath** duly signed by them & filed w/ the court where the L.S. was had.
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Reconciliation in Art. 65 will have the ff. consequences
1. L.S. proceeding, **if still pending** shall be terminated at any stage
2. final decree of L.S. shall be **set aside** but separation of property & forfeiture of share of guilty spouse **already effected shall subsist** [unless] spouses revive their former property regime.
court's order containing the ff shall be recorded in the appropriate LCR
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what shall the agreement to revive the former property regime in Art. 66 shall be executed under oath and specify what?
1. **that properties to be contributed anew** to the restored regime
2. that those to be **retained as separated properties** of each spouse
3. names of all their known creditors, addresses, and amounts owed
agreement of revivial [and] **motion for its approval** shall be filed w/ the court handling the L.S.
- furnished copies to creditors
- order of court recorded in appropriate civil reigstry
- recording will not prevent creditors not listed/not notified [unless] debtor spouse has sufficient spearate propeties to satisfy their claim
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Lolo Judge adopted papa and rorie
Judge has a common child with his wife named Batz
Judge dies leaving testate that each child will be given 1m each.
will the dissolution of the marriage terminate the relationship by affinity of the adopted?
No
Carungcong
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grounds for jduicial separation of property
1. civil interdiction
2. declared absentee
3. loss of parental authority
4. abandoned or fail to comply obligations
5. spouse granted power of adminitartion in the MS abused the power
6. separted in fact for (1) year & hihgly improbable for reconcliation
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