Collateral Attack to Assail Validity of a Marriage

1. Overview of Void Marriages

Under Philippine Family Law, a marriage is void if it fails to meet specific legal requirements or is inherently defective. Void marriages, distinct from voidable marriages, are invalid from the start, meaning they are considered as having never existed. However, they still require judicial declaration for the avoidance of any complications in public records and any future marriage plans of the parties involved. The Family Code of the Philippines (Executive Order No. 209), which governs matters of marriage and family relations, includes provisions for recognizing void marriages and defines the scenarios under which such marriages may be challenged.

2. Collateral Attack Defined

A collateral attack refers to an indirect challenge against the validity of a marriage within proceedings where the primary issue is not the validity of the marriage itself. This is different from a direct attack, where an action or petition is filed solely to have the marriage declared void. Collateral attacks usually arise in proceedings for annulment, support, custody, property disputes, or other family law issues.

3. Legal Basis for Collateral Attacks on Void Marriages

The Family Code explicitly states that any marriage that is void can be attacked "collaterally" and "directly" by any interested party or in any proceeding. Under Article 40 of the Family Code, a judicial declaration of nullity of marriage is necessary even though the marriage is inherently void ab initio (from the beginning).

This means that, while void marriages can be questioned in other cases outside the direct filing of nullity, it is still advised to have a formal declaration from the court to avoid ambiguity, especially for record-keeping, inheritance rights, and potential legal implications on the legitimacy of children and other involved parties.

4. Jurisprudence on Collateral Attacks on Void Marriages

Philippine jurisprudence supports that void marriages may indeed be collaterally attacked. For example:

In Niñal v. Bayadog (G.R. No. 133778, March 14, 2000), the Supreme Court ruled that a marriage can be collaterally attacked if it is void from the beginning. This means that in cases involving issues such as property rights or inheritance, the validity of a marriage can be questioned, and if found void, it will affect the rights derived from that marital status.
In Valdes v. RTC, Br. 102, Quezon City (G.R. No. 122749, May 27, 1999), the Supreme Court clarified that a marriage, once declared void by competent court, renders subsequent actions lawful, including remarriage.

5. Examples of Situations for Collateral Attack

Void marriages can be questioned in the following scenarios without needing a direct filing for nullity:

Property Distribution: When one spouse claims a share of property acquired during a void marriage, the other party can challenge the marriage's validity in a property case.
Inheritance Claims: A collateral attack may arise when an individual claims inheritance rights based on a marriage presumed void.
Child Custody and Support Cases: In child custody or support cases, the legitimacy of children and parental obligations may lead to the indirect challenge of marriage validity.
Bigamous Marriages: In cases where a second marriage took place without the first being annulled, this can be used to collaterally attack the validity of the subsequent marriage.

6. Impact on Children and Property Relations

Legitimacy of Children: Under Article 54 of the Family Code, children conceived or born of void marriages are considered illegitimate. However, they can be legitimated by subsequent marriage of their parents, or their rights to support and inheritance are not necessarily affected if a subsequent legitimate marriage takes place.
Property Relations: For void marriages, the property regime is generally that of co-ownership. Article 147 of the Family Code states that property acquired by common effort shall be owned equally if both spouses are legally capacitated. In contrast, if one spouse was incapacitated (such as being married to someone else), the share would only be based on proven contribution.

7. Procedural Requirements and Implications of Collateral Attack

A collateral attack often arises in civil actions where there is a vested interest, such as claims for property, custody, or inheritance, rather than through a petition for nullity itself. It should be noted that, although a void marriage can be collaterally attacked, it is still prudent to secure a judicial declaration of nullity. This ensures the absence of conflicts in legal and civil records and upholds formal recognition for other civil effects, especially if children and subsequent marriages are involved.

8. Limitations on Collateral Attack

While a void marriage may be challenged in proceedings that are not aimed directly at nullifying it, the proper venue remains the Family Courts. Additionally:

A collateral attack will be entertained only if the void nature of the marriage is evident and falls under the conditions specified in the Family Code, such as bigamy, psychological incapacity, or absence of a marriage license.
The court's decision is binding only on the parties involved and does not automatically affect other third-party rights unless they participate in the same case.

9. Practical Implications for Lawyers

For lawyers handling cases involving a collateral attack on a void marriage:

Present clear evidence of the marriage’s void nature (e.g., absence of marriage license, psychological incapacity of either party).
Emphasize the grounds for declaring a marriage void under the Family Code and present this in related proceedings.
Advise clients on potential outcomes of the collateral attack, such as impacts on property distribution, child legitimacy, and succession rights.

10. Conclusion

A collateral attack on the validity of a marriage is permissible in the Philippines for marriages considered void under the Family Code, allowing for flexibility in related family law cases. However, a judicial declaration of nullity remains necessary for formal annulment of civil records and is advisable to prevent legal ambiguity in related rights, obligations, and civil effects.