VOID AND VOIDABLE MARRIAGE

Void Marriage Voidable Marriage

GROUNDS FOR ANNULMENT: ARTICLE 45 OF FAMILY CODE
Inexistent from time of Valid until annulled by
1. As to nature:
performance competent court
Grounds for Who can file Period of Convalidation
Can be convalidated either Annulment action? Prescription or Ratification
2. As to susceptibility of
Cannot be convalidated. by free cohabitation or
convalidation.
prescription. Within 5 years
(1) Party under age after attaining 21 Free cohabitation
Absolute community exists 1. Lack of parental YO
No community property; after reaching 21
3. As to effect on unless another system is consent
only co-ownership (Art. YO
property: agreed upon in marriage (2) Parent or Before child
147)
settlement. guardian reaches 21 YO

Children are illegitimate Free cohabitation

Children are legitimate if Before death of
4. As to effect on under Art. 165 (subject to (1) The sane spouse after insane
conceived before decree of other party.
children: exceptions: Art. 36 and regains sanity.
annulment.
Art. 53 - legitimate)
(2) Guardian of
- do -
(a) May be attacked (a) Cannot be attacked 2. Insanity of one insane spouse
directly or collaterally, collaterally, only party
but for purpose of directly; i.e., there During lucid
remarriage, there must be decree of interval or after
must be judicial annulment. (3) Insane spouse regaining sanity,
5. As to how marriage declaration of nullity. also before death
may be impugned: (Art. 40). of other party.

(b) Can still be impugned (b) Can no longer be Within 5 years Free cohabitation
even after death of impugned after death 3. Fraud The injured party. from discovery of after knowledge
parties. of one of the parties. fraud. of fraud.

4. Force, Within 5 years Free cohabitation

intimidation, or The injured party. from cessation of after cause has
undue influence cause. disappeared.

CANNOT be
5. Impotence of Within 5 years ratified but
The potent party.
one party after marriage. action
prescribes.

6. Serious sexually CANNOT be

transmissible Within 5 years ratified, but
The healthy party.
disease of one after marriage. action
party prescribes.

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 part of the ACP.
(3) Those acquired by either spouse who
has legitimate descendants by a (2) Those for personal and
DONATIONS PROPTER NUPTIAS DISTINGUISHED FROM ORDINARY former marriage, including fruits and exclusive use (but jewelries
DONATIONS income. are included in the ACP.)

Donations Propter Nuptias Ordinary Donations SUMMARY OF INCLUSION/EXCLUSION:

CAPITAL PARTNERSHIP OF GAINS (CPG)
(1) Does not require express
Express acceptance is necessary.
acceptance. Summary of Inclusion/Exclusion
(2) May be made by minors (see Art. Properties Acquired During the
Cannot be made by minors. Properties Acquired Before to Marriage
78) Marriage

(3) May include future property (same

Cannot include future property.
rule as wills.) Gen. Rule: Properties acquired before (a) If acquired thru gratuitous
marriage are not included in the CPG,but title, NOT included in the
(4) If present property is donated and No limit to donation of present fruits and income of said properties CPG but the fruits and
property regime is not absolute property provided legitimes are not accruing during the marriage are included income of said properties
community, limited to 1/5. impaired. in the CPG. are included in CPG.

(5) Grounds for revocation are found in Grounds for revocation are found in Exceptions: When included in the CPG (b) If acquired thru onerous
Art. 86. law on donations. in the marriage settlement subject to the title and:
following limitations:
(1) Using exclusive
(1) May not exceed more than 1/5 of money or funds, the
SUMMARY OF INCLUSION/EXCLUSION:
present property; and property so acquired
ABSOLUTE COMMUNITY OF PROPERTY (ACP)
in exclusive property
(2) May not include properties acquired (not included in the
Summary of Inclusion/Exclusion prior to marriage if either of the CPG.)
future spouses has legitimate
Properties Acquired During the
Properties Acquired Prior to Marriage descendants in the former marriage. (2) Using conjugal funds,
Marriage
the property so
Gen. Rule: Properties acquired prior to Gen. Rule: Properties acquired acquired is generally
the marriage are included in the ACP. during the marriage are included in included in the CPG
(Onerous or Gratuitous) the ACP. except if the
acquisition is by way
of exercise of right of
Exceptions: The following are excluded: Exceptions:
redemption. In the
(1) Those excluded in the marriage
latter, the property
settlement; (1) Those acquired thru belongs to the owner
gratuitous tittle, including of the right of
(2) Those for personal and exclusive use fruits and income UNLESS redemption
(but jewelries are included in the expressly provided by the regardless of the
ACP); grantor that they shall form source of funds used
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 in the redemption. If
the right pertains to Who can file: Gen. Rule: The child Gen. Rule: The child claiming
only of the spouses, claiming legitimate filiation. illegitimate filiation.
the property in
exclusive property of Exceptions: His heirs can Exceptions: His heirs can file in any
said spouse even if file in any of the following of the following cases:
conjugal funds are cases:
used in the (1) When the child dies during
acquisition. In this (1) When the child dies minority;
case, the CPG shall during minority;
only be reimbursed (2) When the child dies during state
upon its liquidation. (2) When the child dies of insanity; or
during state of insanity;
or (3) When the child dies after the
commencement of the action.
(3) When the child dies after
the commencement of (a) If the action to claim illegitimate
the action. filiation is based on admission
WHO CAN FILE ACTION TO CLAIM FILIATION AND PRESCRIPTIVE
of paternity or filiation in the
PERIODS
birth certificate of written
instrument:
Legitimate Filiation Illegitimate Filiation Gen. Rule: The action may
Prescriptive be filed during the lifetime of Gen. Rule: The action may be filed
Period: the child. during the lifetime of the child.

Exception: In exceptional Exception: In exceptional cases

cases where the action is where the action is transmissible to
transmissible to the heirs, the the heirs, the action must be filed
action must be filed within 5 within 5 years form the death of the
years form the death of the child.
child.
(a) If the action is based on the
following evidence:

(i) open and continuous

possession of status of illegitimate
filiation; or (ii) any other means
allowed by the Rules of Court and
special laws, the action must be
brought during the lifetime of the
alleged parent; otherwise, the
action will not prosper.

DOMESTIC ADOPTION AND INTER-COUNTRY ADOPTION

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(1) Applicability and Governing Law:
Domestic Adoption Inter-Country Adoption

Applies to adoption of a Filipino

Applies to domestic adoption of Filipino (3) Who May Be Adopted:
child in a foreign country, where the
children, where the entire adoption
petition for adoption is filed, the Domestic Adoption Inter-Country Adoption
process beginning from the filing of the
supervised trial custody is
petition up to the issuance of the
undertaken and the decree of A child legally available for adoption. Only a legally free child may be
adoption decree takes place in the
adoption is issued outside of the adopted.
Philippines.
Philippines.
Requisites: Requisites:
The governing law is R.A. No. 8043,
The governing law is R.A. No. 8558, or
or the Inter-Country Adoption Act of
Domestic Adoption Act of 1998. (i) Below 15 years of age; and
1995. (i) Below 18 years of age; and
(ii) Has been administratively or (ii) Has been voluntarily or
Procedure is governed by the Rule on Procedure is governed by the judicially declared available for involuntarily committed to the
Adoption (A.M. No. 02-06-02-SC), which Amended Implementing Rules and adoption. Department (DSWD), in
took effect on August 22, 2002. Regulations on ICAA. accordance with the Child and
Youth Welfare Code.

Exceptions:
(2) Rules of Preference in Adoption:
Preference in favor of extended Preference in favor of domestic (i) Legitimate son/daughter of one
family adoption spouse by the other spouse;
(ii) Illegitimate son/daughter by a
It is the policy of the State to ensure It is basic policy of the State to qualified adopter;
that every Filipino child shall remain, as encourage domestic adoption of a (iii) Person of legal age if, prior to
much as possible, under the care and Filipino child for the purpose of the adoption, said person has
custody of his/her parent(s). If there is a preserving the child’s identity and been consistently considered and
real need for adoption, it is likewise the culture. Hence, inter-country treated by the adopter(s) as
policy of the State to prefer adoption by adoption shall be resorted to only his/her own child since minority.
the child’s extended family over adoption when domestic adoptin of the chld
by an unrelated person. is not available and inter-country
adoption is in the best interest of
the child. (4) Who May Adopt:
Domestic Adoption Inter-Country Adoption

A. Filipino Citizens: A. Filipino Citizens.

Qualifications: Qualifications:

(i) Of legal age; (i) Permanent resident of a

foreign country;
(ii) In possession of full civil capacity
and legal rights; (ii) Has the capacity to act and
assume all rights and
responsibilities of parental
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(iii) Of good moral character; authority under Philippine the ICAA and in other
laws; applicable Philippine laws;
(iv) Has not been convicted of any crime
involving moral turpitude; (iii) Has undergone the (iv) At least twenty-seven (27)
appropriate counseling from years of age at the time of
(v) Emotionally and psychologically a accredited counselor in the application; and
capable of caring for children; country of domicile;
(v) At least sixteen (16) years
(vi) In a position to support and care for (iv) Has not been convicted of a older than the child to be
his/her children in keeping with the crime involving moral adopted at the time of
means of the family; turpitude; application UNLESS:

(vii) At least sixteen (16) years older (v) Eligible to adopt under (a) Adopter is the parent by
than the adoptee BUT this latter Philippine law; nature of the child to be
requirement may be waived if: adopted; or
(vi) In a position to provide the (b) Adopter is the spouse of
proper care and support and the parent by nature of the
(a) The adopter is the biological
to give the necessary moral child to be adopted.
parent of the adoptee; or
values and example to all his
children, including the child B. Aliens:
(b) The adopter is the spouse of the
to be adopted;
adoptee’s parent; and

(i) Agrees to uphold the basic

(viii)Permanent resident of the
rights of the child as
Philippines.
embodied under Philippine
laws, the UN Convention on (i) At least twenty-seven (27)
the Rights of the Child, and years of age at the time of
to abide by the rules and the application;
regulations issued to
B. Aliens: (ii) At least sixteen (16) years
implement the provisions of
the ICAA; older than the child to be
Qualifications: Same qualifications for adopted at the time of
Filipino nationals and in addition: application UNLESS the
(ii) Residing in a country with
whom the Philippines has adopter is the parent by
diplomatic relations and (i) His/her country has diplomatic nature of the child to be
whose government maintains relations with the Republic of the adopted or the spouse of
a similarly authorized and Philippines; such parent;
accredited agency and that
adoption is allowed in that (ii) His/her government allows the (iii) Has the capacity to act and
country; adoptee to enter his/her country as assume all rights and
his/her adopted son/daughter; responsibilities of parental
(iii) Possess all the qualifications authority under his national
and none of the laws;
disqualifications provided in

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 (iv) Has undergone the
appropriate counseling from
(5) Requirement of Joint Adoption By Spouses:
an accredited counselor in
his/her country; Domestic Adoption Inter-Country Adoption
(iii) Has been living in the Philippines for
at least three (3) continuous years
prior to the filing of the application Gen. Rule: Husband and wife shall Rule: If the adopter is married,
for the adoption and maintains such (v) Has not been convicted of a jointly adopt, otherwise, the adoption his/her spouse must jointly file for
residence until the adoption decree crime involving moral shall not be allowed. adoption.
is entered; and turpitude;
Exceptions:
(iv) Has been certified by his/her (vi) Eligible to adopt under
diplomatic or consular office or any his/her nation law; (i) If one spouse seeks to adopt the
appropriate government agency that legitimate son/daughter of the
he/she has the legal capacity to (vii) In a position to provide the other;
adopt in his/her country. proper care and support and (ii) If one spouse seeks to adopt his/her
to give the necessary moral own illegitimate son/daughter BUT
values and example to all his the other spouse must give his/her
Reminder: The requirements on
children, including the child consent;
residency and certification of the alien’s
to be adopted; (iii) If the spouses are legally separated
qualification to adopt in his/her country
from each other.
may be waived if:
(viii) Agrees to uphold the basic
Reminder: There is no need for joint
(a) A former Filipino citizen seeks to rights of the child as
adoption if the adopter seeks to adopt
adopt a relative within the fourth embodied under Philippine
his/her own illegitimate son/daughter.
(4th) degree of consanguinity or laws, the UN Convention on
But the law requires the consent of the
affinity; the Rights of the Child, and
spouse of the adopter to such adoption.
to abide by the rules and
However, if one spouse adopts the
regulations issued to
(b) One seeks to adopt the legitimate illegitimate son/daughter of the other,
implement the provisions of
son/daughter of his/her Filipino joint adoption is still mandatory.
ICAA;
spouse;

(ix) Comes from a country with

(c) One who is married to a Filipino (6) Procedure:
whom the Philippine has
citizen and seeks to adopt jointly
diplomatic relations and Domestic Adoption Inter-Country Adoption
with his/her spouse a relative within
whose government maintains
the fourth (4th) degree of
a similarly authorized and Where to File Application: Where to File Application:
consanguinity of affinity of the
accredited agency and that
Filipino spouse.
adoption is allowed under In the Family Court of the province or Either in:
his/her national laws; and city where the prospective parents
reside.
(1) Family court having jurisdiction
(x) Possesses all the over the place where the child
qualifications and none of the resides or may be found; or
disqualifications provided in
the ICAA and in other
(2) Inter-country Adoption Board
applicable Philippine laws.
(ICAB), through an

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 intermediate agency, whether his/her Filipino spouse; his/her country.
governmental or an authorized (iii) One who is married to a Filipino
and accredited agency, in the citizen and seeks to adopt
country of the prospective jointly with his/her spouse a
adoptive parents. relative within the fourth (4th)
degree of consanguinity of
After Filing: After filing: affinity of the Filipino spouse.

The petition shall not be set for hearing (1) If filed in the Family Court, Decree of Adoption: Decree of Adoption:
without a case study report by a licensed court determines sufficiency of
social worker. petition in respect to form and Issued by Philippine Family court. Issued by a foreign court.
substance, afterwhich, petition
is transmitted to ICAB.
(7) Consent Required:
(2) If petition is already with ICAB, Domestic Adoption Inter-Country Adoption
it conducts matching of the
applicant with an adoptive Written consent of the following to the
child. adoption is required, in the form of
affidavit:
(3) After the matching, the child is
personal fetched by the (1) Adoptee, if ten (10) years of age or
applicant for the trial custody over; (1) Written consent of the
which will take place outside of adopter’s biological or adopted
the Philippines. children above ten (10) years
of age, in the form of sworn
Supervised Trial Custody: Trial Custody: statement is required to be
attached to the application to
(a) Temporary parental authority is (a) This process takes place be filed with the Family Court
vested in prospective adopter. outside the country and under of ICAB.
the supervision of the foreign (2) Biological parent(s) of the child, if
(b) Period is at least 6 months. But may adoption agency; known, or the legal guardian or the (2) If a satisfactory pre-adoptive
be reduced by the court, motu proper government instrumentality relationship is formed between
propio or upon motion. (b) For a period of 6 months; which has legal custody of the child; the applicant and the child, the
written consent to the adoption
(3) Legitimate and adopted executed by the DSWD is
(c) If adopter is alien, the law (c) If unsuccessful, ICAB shall look sons/daughters, ten (10) years of required.
mandatorily requires completion of for another prospective age or over, of the adopter(s) and
the 6-month trial custody and may applicant. Repatriation of the adoptee, if any;
be reduced EXCEPT IF: child is to be resorted only as a
last resort; (4) Illegitimate sons/daughters, ten
(i) A former Filipino citizen seeks (10) years of age or over, of the
to adopt a relative within the (d) If successful, ICAB transmits a adopter if living with said adopter
fourth (4th) degree of written consent for the and the latter’s spouse, if any;
consanguinity or affinity; adoption to be executed by the
(ii) One seeks to adopt the DSWD and the applicant then (5) Spouse, if any, of the person
legitimate son/daughter of files a petition for adoption in adopting or to be adopted.
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 Art. 221, Source: Quasi-delict committed Requisites for Liability:
Reminder: in Landingin vs. Republic, 493 FC: by minors in general.
SCRA 415, the SC held that the written (1) Minor is living in their company;
consent of the biological parents is Person liable: Parents and
indispensable for the validity of a decree other persons exercising
(2) Minor is under their parental
of adoption. The Court explained that parental authority (including
authority; and
the natural right of a parent to his child judicial guardians and persons
requires that his consent must be exercising substitute parental
obtained before his parental rights and authority.) (3) Parents and other persons
duties may be terminated and re- exercising parental authority
established in adoptive parents. Nature of Liability: Primary failed to exercise all the diligence
of a good father of a family to
prevent damage.

Art. 219, Source: Quasi-delict committed Requisites for Liability:

FC: by a minor while he/she is under
special parental authority of (1) Quasi-delict is committed by a
school, etc. minor;

Person liable: (2) During an authorized activity,

whether inside or outside of the
(1) Principally and solidarily: school, entity or institution;
school, its administrators
and teachers, or individuals, (3) The persons liable failed to
entity or institution engaged exercise the proper diligence
in child care. required under the particular
circumstances.
(2) Subsidiarily: parents,
judicial guardians or
persons exercising
LIABILITY OF PARENTS FOR CHILD’S QUASI-DELICT AND DELICT: substitute parental
authority.
Source and Nature of
Basis Requisites/Conditions
Liability

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Art. 2180, Source: Quasi-delict committed Requisites for Liability: Source: Civil liability for crime Requisites for Liability:
NCC, in by a person who is at least 18 committed by a child above 15
relation to but below 21. (1) Committed by a person who is at but below 18 and who acted (1) The child is above 15 but
Art. 236, least 18 but below 21; with discernment, who is NOT below 18;
FC: Person liable: exempt from criminal liability.
(2) Child is living in their company. (2) The child acted with
(1) Perpetrator, for his own Person liable: Parents and
discernment in committing
personal liability and/or guardians (applying by analogy
the crime;
Salen vs. Balcen, 107 Phil. 748)
(2) Parents and guardians,
under the concept of Nature of Liability: Primary (3) The child is under the
vicarious liability. parental authority and living
in the company of parents
Nature of Liability: Primary and/or guardians.

Sec. 6, RA Source: Civil liability for crime Requisites for Liability:

9344, in committed by a child 15 years of PARENTAL AND FILIAL PRIVILEGE
relation to age and below, who is exempt (1) The child is 15 or below;
Art. 101, from criminal liability. Section 25, Rule 130
RPC: Article 215, FC
(2) The child is under their legal (Rules of Court)
Person liable: Those having
authority or control; and
such child under their legal Applicability: Applicability:
authority or control, unless it
appears that there was no fault (3) There was fault of negligence on Applies only in criminal proceedings. Applies both in civil and criminal
or negligence on their part. their part. cases.

Nature of Liability: Primary Who may invoke: Who may invoke:

Sec. 6, RA Source: Civil liability for crime Requisites for Liability: May be invoked only by descendants. Can be invoked either by
9344, in committed by a child above 15 descendants or ascendants.
relation to but below 18 and who acted (1) The child is above 15 but below
Art. 101, without discernment, who is 18; Scope of Privilege: Scope of Privilege:
RPC: likewise exempt from criminal
liability. Rule: A descendant CANNOT be Rule: A person MAY NOT be
(2) The child acted without compelled to testify in criminal cases compelled to testify against his
discernment in committing the against his parents and grandparents. parents, other direct ascendants,
Person liable: Parents and
crime; children or other direct
guardians (applying by analogy
Salen vs. Balcen, 107 Phil. 748) Exception: When the testimony is descendants.
(3) The child is under the parental indispensable in a crime against the
Nature of Liability: Primary authority and living in the descendant or by one parent against the
company of parents and/or other.
guardians.
The privilege is not absolute since the The privilege does not admit of
descendant can be compelled to testify exceptions.
against the parents and grandparents
when the testimony is indispensable in a

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 crime against the descendant or by one either expressly or implicitly. (lex loci
parent against the other. contractus)

In both, however, the person concerned can waive the privilege by choosing to
testify against his relatives. He cannot be compelled to testify, but he may
choose to testify.

SUMMARY OF CONFLICT OF LAWS RULES

Summary of Conflict of Laws Rule

Subject Matter Governing Law PRESUMPTIONS ON SURVIVORSHIP

Family rights and duties of persons National law of the person concerned.
Article 43, NCC
Status and condition of persons National law of the person concerned.
Applicability: When question of survivorship involves persons “who
Legal capacity of persons National law of the person concerned. succeed each other” or when there is question of suc

Except: capacity to succeed from Law of the nation of the decedent.

decedent, whether the succession is
testate or intestate. Requisites: (1) There is no proof as to which of two persons died
Real and personal property. Law of the country where it is
situated. (2) They are called to succeed each other.

National law of the person whose

Except: in succession, whether
succession in under consideration.
testate of intestate, as to the following
aspects:

(i) Order of succession;

(ii) Amount of successional rights;

(iii) Intrinsic validity of testamentary

provisions (wills.)

(iv) Capacity to succeed

Formalities or solemnities of contracts, Law of the country in which they are

wills and other public instruments. executed. (lex loci celebrationis)

Intrinsic validity of contracts, its Law voluntarily agreed upon by the

nature and construction. parties or the law intended by them

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 Rule/s: (1) Whoever alleges the death of one prior to the other, shall prove the had the legal authority to do so.
same;
(3) Defect in consent. Marriage is voidable.
(2) In the absence of proof, they shall be presumed to(4)
haveIrregularity
died at thein any of the formal Does not affect the validity of the
same time and there is no transmissions of rights form one to the
requisites. marriage but the party responsible for
other. the irregularity shall be civilly,
criminally and administratively liable.

WHEN DIVORCE CONSIDERED VALID

Gen. Rule: Under the existing laws and jurisprudence, the rule is that divorce
is not recognized as valid in the Philippines if the parties are both citizens of
the Philippines.

Exception: In a mixed marriage involving a Filipino citizen and a foreigner,

the Family Code allows the former to remarry in case the divorce is “validly
obtained abroad by the alien spouse capacitating him or her to remarry.”

Requisites for application of 2nd paragraph of Art. 26, FC

Requisites Reminders

(1) It must be a case of a mixed In applying the provision of the second

marriage (one party is Filipino paragraph of Article 26, the reckoning
and the other is alien.) point is not the citizenship of the
parties at the time of the celebration of
the marriage, but their citizenship at
the time a valid divorce is obtained
abroad by the alien spouse capacitating
him or her to remarry. Thus, in a case
REQUISITES FOR VALID MARRIAGE where both parties were Filipino
citizens at the time of the celebration of
Absence, defect or irregularity Effect the marriage, but later on, one of them
becomes naturalized as a foreign
(1) Absence of any of the essential Marriage is void. citizen and thereafter obtains a valid
requisites. divorce decree, Article 26 of the FC
applies.
(2) Absence of any of the formal Marriage is void.
requisites. (2) The divorce must be obtained by Article 26 will not apply if it is the
Exception: Even if the solemnizing the alien spouse and not the by Filipino spouse who obtains the decree
officer has no authority, the marriage is the Filipino spouse. of divorce. In this case, what will apply
valid if either or both parties believed in is Article 15, in relation to Article 17 of
good faith that the solemnizing officer the NCC, pursuant to which a divorce

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 obtained abroad by citizen of the
Philippines is not recognized as valid in
the Philippines.

(3) The divorce obtained by the a) If the divorce decree obtained

alien spouse must capacitate him was a limited divorce or a
or her to remarry. mensa et thoro; or if the
foreign law restricts
remarriage even after the
divorce decree becomes
absolute, the Filipino spouse is
not likewise capacitated to
remarry.

b) A divorce obtained abroad by

an alien may be recognized in
our jurisdiction, provided such
decree is valid according to
the national law of the
foreigner.

c) Before the divorce decree can

be recognized by our courts,
the party pleading it must
prove the divorce as a fact
and demonstrate its
conformity to the foreign law
allowing it, which must be
proved considering that our
courts cannot take judicial
notice of foreign laws.

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