Legal Consequences of Declaring a Marriage as Null and Void (Philippine Family Code)

Under Philippine law, the Family Code governs matters concerning family relations, including marriages. A void marriage is one that is considered non-existent or invalid from the outset, as if it never took place. When a marriage is declared null and void, it has several significant legal consequences.

The essential legal consequences of declaring a marriage as null and void under the Family Code of the Philippines include:

1. Status of the Parties

Restoration of Single Status: Once a marriage is declared null and void, the marital status of the parties is restored to "single." This allows both parties to remarry without any restrictions associated with the nullified marriage.
No Spousal Rights and Obligations: Since the marriage is treated as though it never existed, the rights and obligations of spouses under a valid marriage—such as support, co-ownership of properties, and mutual obligation—are considered null.

2. Property Relations

Application of Co-Ownership or Separation of Property: Since no valid marriage exists, the property relations between the parties revert to co-ownership or separation of property. The Family Code clarifies that the property acquired by either party during the nullified marriage remains their own, subject to rules on co-ownership if both parties contributed to the acquisition.
Partition of Properties: Properties jointly acquired during the invalid marriage will be divided equally unless proven otherwise. Each party is entitled to half of the property if it was acquired with mutual funds or efforts.
Protection of Innocent Party: Under Article 147 and Article 148 of the Family Code, if one party is in good faith (believed the marriage was valid), they may have a stronger claim to certain properties or benefits.

3. Custody and Legitimacy of Children

Legitimacy of Children: Children born within a void marriage are considered legitimate under Article 54 of the Family Code if both parties acted in good faith. Legitimacy grants children rights to inherit from both parents and receive support, among other entitlements.
Illegitimacy of Children: If one or both parties acted in bad faith (knew the marriage was void), the children may be deemed illegitimate, which affects their inheritance rights but does not alter their right to parental support.
Custody and Parental Authority: Custody and parental authority over children are not impacted by the voiding of a marriage. Both parents maintain rights and obligations to support and care for the child, with the court intervening in custody arrangements if necessary to serve the best interests of the child.

4. Inheritance Rights

Loss of Spousal Inheritance Rights: Since the marriage is treated as though it never existed, neither party is entitled to inherit as a spouse from the other’s estate.
Inheritance for Legitimate Children: Legitimate children retain inheritance rights, regardless of the marital status of their parents.
Inheritance for Illegitimate Children: If the children are declared illegitimate due to bad faith, they retain the right to inherit but only a reduced share (one-half of the legitimate children’s share) under Philippine succession laws.

5. Property Dissolution and Liquidation

Dissolution of Community Property or Conjugal Partnership: In cases where the parties had a cohabitation arrangement that may resemble a marriage partnership (even if null and void), the community property or conjugal partnership is dissolved and liquidated. This entails dividing the assets acquired jointly during the union.
Debts and Liabilities: Debts incurred by either party are the personal obligations of the one who incurred them unless proven to have benefited the joint household. Joint debts for household expenses may be allocated proportionally based on co-ownership principles.

6. Rights and Obligations Arising from Cohabitation

Good Faith and Bad Faith Distinctions: Under Article 147 (for void marriages where both parties were in good faith) and Article 148 (for unions with bad faith or concubinage), there are separate rules regarding rights over property.
- Article 147: In good faith, the properties are co-owned equally by the parties.
- Article 148: In bad faith or illicit unions, only properties proven to be jointly acquired through mutual contributions can be divided, with priority going to the innocent party.

7. Support Obligations

Support Obligations to Children: Support obligations to children remain enforceable regardless of the validity of the marriage. This includes necessities such as food, shelter, education, and healthcare, in alignment with the standard of living enjoyed during cohabitation.
No Support Obligation to Former Partner: Since the marriage is considered void, there is no spousal support obligation once the marriage is declared null. Either party cannot claim financial support from the other on the basis of a spousal relationship.

8. Remedies and Legal Recourse for Damages

Legal Recourse for Damages in Bad Faith: If one party entered the marriage in bad faith, the innocent party may claim moral or material damages as a form of compensation. This is governed by the Civil Code provisions on damages and is separate from Family Code stipulations.
Psychological Incapacity as Ground for Annulment or Nullity: If the marriage was declared void on the ground of psychological incapacity under Article 36 of the Family Code, either party may file for support and damages in favor of children born during the voided union.

Key Articles in the Family Code Relevant to Void Marriages

Article 35 - Enumerates void marriages, including those without a marriage license, marriages under duress, or marriages solemnized without authority.
Article 36 - Covers void marriages due to psychological incapacity.
Article 52 - Provides that a marriage declared void must be registered in the civil registry to affect the civil status of the parties.
Article 54 - Confirms the legitimacy of children born under void marriages when one or both parties are in good faith.

Practical Considerations

Filing Procedures: To declare a marriage void, a petition for declaration of nullity must be filed in the Family Court where either party resides.
Psychological Evaluation: For cases based on psychological incapacity, the petitioner may require psychological assessment and expert testimony to establish the grounds for nullity.
Duration and Costs: Nullity cases can be costly and lengthy, depending on the complexities of custody, support, and property division issues.

Declaring a marriage null and void is a legal remedy that has wide-reaching implications in the Philippines. The Family Code and associated judicial interpretations aim to protect the rights of both parties and any children involved, balancing personal freedoms with responsibilities stemming from cohabitation.