Persons and Family Relations
What is a VOID marriage?
Marriages that are Invalid even from the beginning
General Rule:
but either or both of the parties believed in good faith that the
solemnizing officer had the legal authority to do so
Only marriages declared void by the legislature should be treated as such. There can be no other void marriages outside of those specifically provided by law.
<strong>Note: The JDN becomes final after the lapse of 15 days from the receipt of the parties of the decree & there is no appeal filed. Thus, if after only 2 days from receipt of the JDN on the basis of Art. 36, the parties whose marriage was the subject of nullification, met & had sex w/c resulted in the conception of the child, the said child shall be considered LEGITIMATE after birth.</strong>

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When is a Marriage VOID ab intio?
enumerate.
The following marriages shall be void from the beginning:
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Can grounds for a VOID marriage co-exist in ONE cause of action?
YES.
(declaration of nullity) Ex: Person may petition for ONE cause of action on grounds that she was under-age AND did not have a license when she married.
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What is a VOIDABLE marriage?
VOIDABLE MARRIAGE – marriage was valid from the start until it was terminated (annulled)

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What are the differences between a VOID and VOIDABLE Marriage?
enumerate.

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IMPORTANT CASE STUDY: Mallion v. Alcantara (2006)
FACTS:
After being denied his first petition for nullity based on psychological incapacity, Mallion filed another based on absence of marriage license.
ISSUE:
W/N Mallion’s 2nd case will prosper.
WILL IT?
HELD:
Sir Mel’s opinion – The SC gave an invalid marriage ratification because they focused too much on procedure. This undermines the essence of marriage which the state has vested interest. THE DECISION WAS WRONG.
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Is GOOD FAITH or BAD FAITH material in CURING the invalidity of MARRIAGES? (VOID Marriages)
What is the General Rule?
What are the Exceptions?
General Rule:
Exceptions:
Art. 35(2) - If either of the contracting parties is in GF in believing that a solemnizing officer has authority to solemnize a marriage though s/he actually has none, the marriage will be considered valid.
Art. 41 – A person whose spouse disappears for 4 or 2 years, in the proper cases, the present spouse may validly marry again if s/he:
Otherwise, the subsequent marriage shall be considered void.
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CASE STUDY: Chi Ming Tsoi v. CA
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Does GOOD FAITH / BAD FAITH affect Property disposition in a VOID marriage?
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CASE Study. De Castro v. Assidao-De Castro (2008)
Was the Complaint for Support granted?
RULING:
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REVIEW:
Marriages thare are VOID.
Enumerate and explain the 6.

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What is a Putative Marriage?
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What is the General Rule when it comes to VOID MARRIAGES in terms of the PROPERTY REGIME?
General Rule:
Exceptions:
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Can VOID marriages be attacked COLLATERALLY?
What’s the GENERAL RULE?
What are the exceptions?
General Rule:
Exception:
(where direct attack on the nullity of the marriage must 1st be taken so that proper effects provided by law can appropriately apply):
Art. 40 - for purposes of remarriage ; if a person has a void marriage & s/he wants to remarry, s/he must 1st file a civil case precisely to obtain a judicial declaration of the nullity of the 1st marriage before s/he can remarry
Art. 50 - revocation of donation propter nuptias; if a donor decides to revoke donation propter nuptias given to 1 or both spouses on the ground that the marriage is void, it is necessary that a judicial declaration of nullity of marriage 1st be obtained
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Explain Ignorance of the law.
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Explain Mistake of Fact.
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What is ARTICLE 36 of the Family Code?
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How is Psychological Incapacity characterized?
Psychological incapacity must be characterized by:
1. Root cause
2. Juridical antecedence
3. Gravity
4. Incurability
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Q: Why is “insanity” a ground for voidable marriage, while “psychological incapacity” is a ground for void ab initio marriages?
A: Insanity is curable & there are lucid intervals, while psychological incapacity is not. (Justice Caguioa)
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Define Psychological Incapacity.
Not to be confused with INSANITY – total mental inability to function in all aspects of life.
<strong>Ex: Person can be super effective in professional life but prioritizes such over family matters</strong>
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Is Psychological Incapacity similar or synoymous to insanity?
<em>Ex: Person can be super effective in professional life but prioritizes such over family matters.</em>
Cohabitation and rearing of children will not cure the void marriage
Persons and Family Relations
CASE: SANTOS V. COA & BEDIA-SANTOS
FACTS
ISSUES
W/N Leouel’s petition for declaration of nullity will be accepted.
Will it?
Nope.
HELD
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Where did the framers LIFT the particular ground of Nullity stated in article 36, psychological incapacity?
Lifted from Canon 1095
They are incapable of contracting marriage:
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in the BOOK: CANONS AND COMMENTARIES ON MARRIAGE BY GRAMUNT, HERVADA, WAUCK,
what did INCAPACITY refer to?
The INCAPACITY refers to
Must be proven that the person was indeed deprived of the ability to assume marital obligations