Family Code - Court Petitions

4.
Those bigamous or polygamous marriages not failing under Article

41;
COURT PETITIONS AFFECTING MARRIAGE
5. Those contracted through mistake of one contracting party as to the
identity of the other;
Have you heard about declaration of nullity of marriage? or annulment of
marriage? Or legal separation? 6. Those subsequent marriages that are void under Article 53;
You may have heard about these terms once or often times and you might be 7. Under Art. 36, psychological incapacity, which states that a marriage
wondering what do they really mean in legal parlance. contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital
Basically, these are three Petitions which a spouse can file in court as obligations of marriage, shall likewise be void even if such incapacity
regards his or her marriage. becomes manifest only after its solemnization. (As amended by
Executive Order 227;
These remedies are not one and the same, and you cannot pursue any or all
of these remedies without satisfying the requisites as provided under the law. 8. Incestuous Marriages under Article 37 of the Family Code, which
include those between ascendants and descendants of any degree;
You have to determine the ground why you are availing of the remedy and and between brothers and sisters, whether of the full or half-blood;
the ground shall be the basis for filing the proper petition.
9. Marriages which are void for reasons of public policy under Article
Under the Family Code, the three remedies are as follows: 38, which include:
1. Declaration of Nullity of Marriage;  Between collateral blood relatives whether legitimate or

2. Annulment of Marriage; and illegitimate, up to the fourth civil degree;
3. Legal Separation.  Between step-parents and step-children;
 Between parents-in-law and children-in-law;
What are the grounds which may be the basis for filing the proper petition?  Between the adopting parent and the adopted child;
 Between the surviving spouse of the adopting parent and the
adopted child;
PETITION FOR DECLARATION OF NULLITY OF MARRIAGE  Between the surviving spouse of the adopted child and the
adopter;
 Between an adopted child and a legitimate child of the
For Declaration of Nullity of Marriage, Art. 35 of Executive Order No. 209, or adopter;
otherwise known as the Family Code of the Philippines, enumerates the  Between adopted children of the same adopter; and
instances where marriages are void from the beginning, to wit:  Between parties where one, with the intention to marry the
other, killed that other person’s spouse, or his or her own
1. Those contracted by any party below eighteen years of age even spouse.
with the consent of parents or guardians;
2. Those solemnized by any person not legally authorized to perform PETITION FOR ANNULMENT OF MARRIAGE
marriages unless such marriages were contracted with either or both
parties believing in good faith that the solemnizing officer had the
legal authority to do so; For Annulment of Marriage, Art. 45 of the Family Code provides that a
marriage may be annulled for any of the following causes, existing at the time
3. Those solemnized without license; of the marriage:
1. That the party in whose behalf it is sought to have the marriage 4. Final judgment sentencing the respondent to imprisonment
annulled was eighteen years of age or over but below twenty-one, of more than six years, even if pardoned;
and the marriage was solemnized without the consent of the parents,
guardian or person having substitute parental authority over the 5. Drug addiction or habitual alcoholism of the respondent;
party, in that order, unless after attaining the age of twenty-one, such
party freely cohabited with the other and both lived together as 6. Lesbianism or homosexuality of the respondent;
husband and wife;
2. That either party was of unsound mind, unless such party after 7. Contracting by the respondent of a subsequent bigamous
coming to reason, freely cohabited with the other as husband and marriage, whether in the Philippines or abroad;
wife;
8. Sexual infidelity or perversion;
3. That the consent of either party was obtained by fraud, unless such
party afterwards, with full knowledge of the facts constituting the 9. Attempt by the respondent against the life of the petitioner;
fraud, freely cohabited with the other as husband and wife; or
4. That the consent of either party was obtained by force, intimidation or 10. Abandonment of petitioner by respondent without justifiable
undue influence, unless the same having disappeared or ceased, cause for more than one year.
such party thereafter freely cohabited with the other as husband and
wife;
5. That either party was physically incapable of consummating the EFFECT ON STATUS OF CHILDREN
marriage with the other, and such incapacity continues and appears
to be incurable; or
Knowing these grounds will help you determine the proper petition that you
6. That either party was afflicted with a sexually-transmissible disease can file before the court in the Philippines, particularly the Family Court.
found to be serious and appears to be incurable.
It must be noted that when the petition is granted in Declaration of Nullity of
Marriage, the children born during the void marriage are considered
PETITION FOR LEGAL SEPARATION illegitimate.
However, in case of Annulment and Legal Separation, the children are still
Under Art. 55 of the Family Code, a petition for legal separation may be filed legitimate despite the grant of the petition.
on any of the following grounds:
1. Repeated physical violence or grossly abusive conduct

directed against the petitioner, a common child, or a child of
the petitioner;
2. Physical violence or moral pressure to compel the petitioner

to change religious or political affiliation;
3. Attempt of respondent to corrupt or induce the petitioner, a

common child, or a child of the petitioner, to engage in
prostitution, or connivance in such corruption or inducement;

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4.

Those bigamous or polygamous marriages not failing under Article

1. Declaration of Nullity of Marriage;  Between collateral blood relatives whether legitimate or

1. Repeated physical violence or grossly abusive conduct

2. Physical violence or moral pressure to compel the petitioner

3. Attempt of respondent to corrupt or induce the petitioner, a

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