Legal Consequences of Declaring a Marriage as Null and Void | Void Marriages | Marriage | FAMILY CODE

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:

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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.

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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.

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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.

Collateral attack to assail validity of a marriage | Void Marriages | Marriage | FAMILY CODE

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.

Legal standing to file a petition for declaration of nullity | Void Marriages | Marriage | FAMILY CODE

In Philippine civil law, particularly under the Family Code, void marriages are those which, by reason of law, are considered invalid from the outset. The legal basis for declaring certain marriages void is found in the Family Code of the Philippines, specifically in Articles 35, 36, 37, 38, 40, and 41. These laws outline the circumstances under which a marriage is void and, consequently, the right of specific persons to file a petition for the declaration of nullity. Below is a detailed exposition on the legal standing of parties to file a petition for the declaration of nullity of marriage under Philippine law.

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Legal Standing to File a Petition for Declaration of Nullity

1. General Principles of Legal Standing in Void Marriages

The concept of legal standing, or “locus standi,” pertains to the right of a person to bring a petition to court. In the context of void marriages, the right to file a petition for a declaration of nullity is generally afforded to interested parties with a personal stake in the outcome of the case. This is specifically provided in Article 39 of the Family Code, as well as interpreted in pertinent Supreme Court jurisprudence.

2. Persons Authorized to File a Petition for Declaration of Nullity

Under Article 39 of the Family Code and applicable jurisprudence, the following persons have legal standing to file a petition for the declaration of nullity of marriage:

• The Spouses Themselves: Either spouse may file a petition for the declaration of nullity of marriage, whether or not the other spouse consents. Since void marriages are considered as never having taken legal effect, either spouse has a vested interest in having the marriage declared void to resolve issues of status and legitimate succession.

• Compulsory Heirs: Compulsory heirs (such as children born within the purported marriage) have standing to file a petition for the declaration of nullity. The legitimate status of children affects their rights to inheritance and their legitimacy or illegitimacy.

• Collateral Relatives: Certain collateral relatives who are directly affected by the civil status of the spouses may file a petition for nullity. This is typically to clarify inheritance rights or claims.

• Other Persons with a Direct Interest: Jurisprudence has also provided that third parties with a direct interest in the outcome of the case, such as creditors or business partners, may, in limited cases, be allowed to challenge the validity of the marriage. However, their standing is generally limited to protecting their financial or legal interests.

3. Requirements for Filing a Petition for Declaration of Nullity

• Grounds for Nullity: As stipulated in the Family Code, the petition must state a valid ground for nullity. Grounds include psychological incapacity (Article 36), incestuous marriages (Article 37), and void marriages due to the lack of formal and essential requisites (Article 35), among others. It is not sufficient to claim irreconcilable differences, as the grounds for nullity are strictly legal.

• Proof of Direct Interest: For heirs, creditors, and other interested third parties, there must be demonstrable interest in the outcome of the case. For example, compulsory heirs need to establish their legitimate claim to succession rights. Creditors must prove that their financial or contractual interests are jeopardized by the status of the marriage.

4. Case Law Interpretation on Legal Standing

Philippine jurisprudence has significantly influenced how legal standing is applied in petitions for the declaration of nullity:

• Molina Doctrine (Santos v. Court of Appeals, 1995): Psychological incapacity under Article 36 must meet specific criteria established in the Molina Doctrine, which require that the incapacity be medically or clinically identified, grave, existing at the time of marriage, and incurable.

• Republic v. Court of Appeals and Molina (2000): This case reinforced that not only either spouse but also compulsory heirs and other parties with a legitimate interest can file a petition for declaration of nullity. The Supreme Court emphasized that legal standing should be interpreted in the context of civil status and legitimate succession.

5. Limitations on the Right to File

• Public Policy and Private Rights: The Family Code upholds marriage as an inviolable social institution protected by the State. Consequently, courts scrutinize petitions for nullity strictly to ensure they are not used to circumvent the stability of family relations.

• Time Constraints: While the action for declaration of nullity does not prescribe (expire), parties are still advised to file promptly to avoid unnecessary complications or prejudice to other potential heirs.

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Procedural Aspects of Filing the Petition

• Jurisdiction: The petition must be filed with the Family Court in the place where either spouse has resided for at least six months prior to the filing or, in the case of non-residents, where either spouse may be found in the Philippines.

• Notice and Publication: In cases where the other spouse cannot be located, service of summons may be made by publication. This ensures that all parties are notified and have an opportunity to participate.

• Judicial Declaration Requirement: For all intents and purposes, the nullity of a marriage must be judicially declared, even if the marriage is void ab initio. No legal consequences or effects, such as remarriage, can arise until the court renders a final judgment declaring the marriage void.

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Effects of a Declaration of Nullity on Parties and Children

• Status of Children: Children born within a void marriage are generally considered legitimate under Article 54 of the Family Code if their parents married in good faith or if only one party acted in bad faith. This provision was enacted to safeguard the rights of innocent children from the consequences of void marriages.

• Property Regime: Property acquired during a void marriage is governed by co-ownership under Article 147, unless there is proof of the contrary. Properties are divided equally unless one party acted in bad faith, in which case the share of the spouse in good faith may be adjusted accordingly.

• Succession Rights: The declaration of nullity affects inheritance rights, as the former spouse and any illegitimate children may only inherit under specific circumstances in the Civil Code.

Conclusion

The legal standing to file a petition for the declaration of nullity of marriage under Philippine civil law extends beyond the spouses to include compulsory heirs, certain relatives, and third parties with a demonstrable interest. The Family Code provides specific grounds and procedural rules to ensure the stability of marital relations while also respecting the rights of individuals affected by void marriages. Courts interpret these provisions stringently to balance public policy interests in protecting the institution of marriage with private rights to inheritance, property, and legitimacy.

See also R.A. No. 11596 and Tan-Andal v. Andal, G.R. No. 196359, May 11, 2021 | Different Grounds for Nullity | Void Marriages | Marriage | FAMILY CODE

The topic centers on the grounds for nullity of marriage in the Philippine Family Code, with particular reference to amendments and jurisprudence under Republic Act No. 11596 and the landmark Supreme Court decision in Tan-Andal v. Andal (G.R. No. 196359, May 11, 2021). To understand this thoroughly, it’s important to contextualize these elements within the broader legal framework governing marriages, particularly void marriages, under Philippine law.

I. Legal Framework on Void Marriages Under the Family Code

The Family Code of the Philippines governs marital relations, including the grounds for nullity of marriage, which makes a marriage void ab initio (from the beginning). This is distinct from an annulable marriage, which is valid until annulled. Void marriages, on the other hand, are considered legally non-existent and thus confer no legal rights or obligations between the parties.

Void Marriages are listed under Article 35, 36, 37, and 38 of the Family Code:

1. Article 35: Specifies marriages void for lack of formal requisites, including:
   • No legal capacity of either or both parties to marry.
   • Absence of consent freely given.
   • Bigamous or polygamous marriages not in compliance with Article 41.
2. Article 36: Covers void marriages due to “psychological incapacity” to fulfill essential marital obligations, which shall be detailed further given the developments in Tan-Andal v. Andal.
3. Article 37: Considers incestuous marriages void.
4. Article 38: Declares marriages void when between parties within certain degrees of consanguinity or affinity.

II. Updates Through Republic Act No. 11596

Republic Act No. 11596, enacted in 2021, addresses the issues of child marriage in the Philippines. This law prohibits and penalizes child marriages, underscoring the void nature of any marriage involving minors (individuals under 18 years of age). It strengthens the legislative framework by expanding the grounds for nullity of marriage involving minors. Thus, under R.A. 11596:

1. Marriage involving minors is now categorically void, regardless of parental consent.
2. Penalties are imposed not only on the participants in the marriage but also on adults who facilitated or coerced the marriage of minors.

This law reinforces the principle that marriage requires the capacity to enter into a binding agreement, which minors inherently lack. In this context, R.A. 11596 seeks to protect minors from the psychological, physical, and economic consequences of premature marital commitments.

III. Psychological Incapacity and the Tan-Andal v. Andal Doctrine

One of the most significant jurisprudential developments regarding void marriages on grounds of psychological incapacity occurred in the 2021 Supreme Court case Tan-Andal v. Andal. This case clarified and redefined the legal standard for “psychological incapacity” under Article 36 of the Family Code, which was previously understood through the lens of the 1997 case Santos v. Court of Appeals and Republic v. Molina.

In Tan-Andal v. Andal, the Supreme Court modified the interpretation and procedural requirements of Article 36 by adopting a more progressive view:

1. Nature of Psychological Incapacity: The Court ruled that psychological incapacity should no longer be classified strictly as a "mental disorder" as previously required. Instead, it should be understood as an incapacity rooted in an enduring condition or personality structure that renders an individual unable to comply with essential marital obligations.
2. Non-requirement of Expert Testimony: The ruling relaxed the stringent requirement for expert (psychological or psychiatric) testimony, which was previously deemed essential. The Court stated that psychological incapacity may be proven through evidence of behaviors, testimonies, and patterns in the individual’s personality that substantiate an incapacity to fulfill marital duties.
3. Totality of Evidence Rule: The Court emphasized the "totality of evidence rule," which allows judges to consider various forms of evidence in determining psychological incapacity, not limited to expert or clinical evaluations.
4. No Need for Juridical Antecedence: The Court clarified that psychological incapacity need not necessarily manifest prior to the marriage. Instead, it should be seen as an enduring trait, character, or pattern that predates the manifestation of incapacity in the marriage context.

This new understanding aligns with a more realistic view of marital obligations and the personal limitations that may prevent individuals from fully engaging in married life. It also lowers the procedural hurdles for parties seeking nullity based on psychological incapacity, making it a more accessible remedy for individuals in dysfunctional marriages.

IV. Summary of Grounds for Nullity of Marriage Under Current Philippine Law

To summarize, marriages may be declared void under the following grounds:

1. Lack of Essential or Formal Requisites (Family Code, Art. 35):
   • Lack of age capacity (now with enhanced clarity and penalties under R.A. 11596).
   • Bigamy or polygamy.
   • Marriages without a valid license or proper solemnization.
2. Psychological Incapacity (Art. 36), as clarified in Tan-Andal v. Andal:
   • Non-clinical manifestation, proved by the totality of evidence.
   • No longer requiring juridical antecedence or expert psychiatric diagnosis.
3. Incestuous Marriages (Art. 37).
4. Marriages within prohibited degrees of consanguinity or affinity (Art. 38).

V. Implications of Tan-Andal and R.A. No. 11596 for Practitioners

For legal practitioners, the implications are significant:

• Expanded Interpretative Flexibility: Courts can now examine a broader array of evidence when evaluating psychological incapacity, potentially allowing more parties to succeed in proving nullity of marriage.
• Heightened Protections for Minors: With the enactment of R.A. 11596, cases involving minors as parties to marriage are straightforwardly void, and any adult parties involved in such marriages face criminal liabilities.
• Less Stringent Requirements: The Tan-Andal decision alleviates the burden on parties to present clinical diagnoses, making Article 36 petitions potentially less costly and more attainable.

Conclusion

The landscape of marriage nullity in the Philippines has evolved through legislative and jurisprudential milestones like R.A. No. 11596 and Tan-Andal v. Andal. These developments reflect a balance between protecting the sanctity of marriage and ensuring individual welfare by voiding marriages that fundamentally lack legal or personal foundation.

Different Grounds for Nullity | Void Marriages | Marriage | FAMILY CODE

In Philippine law, void marriages are those considered legally non-existent from the beginning, having no binding force and effect due to specific defects defined by the Family Code of the Philippines. Below is a comprehensive outline of the grounds for nullity under the Civil Law framework, particularly under CIVIL LAW > III. FAMILY CODE > A. Marriage > 4. Void Marriages > a. Different Grounds for Nullity:

I. Legal Grounds for Void Marriages

According to the Family Code, void marriages are governed by Articles 35, 36, 37, 38, and 44. A marriage declared void has no legal existence and cannot produce any legal effects, such as conjugal rights or obligations. These provisions address different circumstances under which a marriage is deemed void from the beginning.

1. Lack of Essential or Formal Requirements (Article 35)

Article 35 enumerates situations where a marriage is void due to the absence of essential or formal requirements:

• Lack of Authority of the Solemnizing Officer: A marriage is void if solemnized by someone who is not legally authorized to perform marriages, except in cases of apparent authority.
• Absence of a Valid Marriage License: A marriage without a marriage license, unless exempt under Article 34 (in the case of cohabiting couples who have lived together as husband and wife for at least five years), is void.
• Marriage Solemnized without Parental Consent (for parties below 21): For individuals below 21, the lack of parental consent renders the marriage void.
• Mistake in the Identity of One Party: If one party was misled into marrying the other due to a fundamental mistake regarding the latter's identity, the marriage is void.
• Bigamous or Polygamous Marriages: Marriages that involve a party already legally married to another person are void unless the prior marriage has been annulled or a valid declaration of nullity has been issued.
• Subsequent Marriages Without Judicial Declaration of Nullity: If a prior marriage is void yet no judicial declaration of nullity was obtained, a subsequent marriage is void.

2. Psychological Incapacity (Article 36)

Article 36 addresses marriages void due to psychological incapacity:

• Definition: Psychological incapacity is defined as a mental incapacity that renders one or both spouses unable to comply with the essential marital obligations.
• Key Characteristics: For a declaration of nullity based on psychological incapacity, it must be:
  • Medically or Clinically Permanent or Incurable: The incapacity must be so severe that the affected party cannot comply with essential marital obligations.
  • Existing at the Time of Marriage: The incapacity must have existed at the time the marriage was solemnized, although it may not manifest until later.
  • Grave in Nature: The incapacity should be serious enough to render the fulfillment of marital obligations impossible.
• Examples of Psychological Incapacity: Narcissistic Personality Disorder, severe immaturity, antisocial tendencies, or other mental illnesses that prevent one from fulfilling marital obligations.

3. Incestuous Marriages (Article 37)

Marriages considered incestuous are void under Article 37:

• Relationships Within Direct Line of Ascendants and Descendants: This includes marriages between individuals who are directly related, such as parent and child or grandparent and grandchild.
• Collateral Blood Relatives Up to the Fourth Civil Degree: Siblings (whether full or half-blood) and first cousins cannot marry each other.

4. Marriages Contrary to Public Policy (Article 38)

Article 38 enumerates relationships considered contrary to public policy, rendering marriages void:

• Relationships by Affinity: These include marriages between stepparents and stepchildren, or between parents-in-law and children-in-law.
• Adoptive Relationships: This includes marriages between an adopter and the adopted child, or between the adopted child and the adopter's biological child.
• Collateral Relationships: This includes marriages between parties up to the fourth degree of collateral blood relatives, such as between an uncle and a niece or an aunt and a nephew.

5. Subsequent Marriages Without the Declaration of Presumptive Death (Article 41)

Article 41 covers the void nature of subsequent marriages under specific circumstances:

• Presumption of Death: If a spouse disappears for four years, or two years if the disappearance was due to high-risk circumstances (such as shipwreck, wartime, etc.), the present spouse may petition the court to declare the absent spouse presumptively dead.
• Marriage Solemnized Without Judicial Declaration of Presumptive Death: If the present spouse enters a subsequent marriage without obtaining a judicial declaration of presumptive death for the absent spouse, the marriage is void.
• Effect of Reappearance of the Absent Spouse: If the absent spouse reappears after a valid judicial declaration of presumptive death, the subsequent marriage remains valid unless annulled.

6. Marriages Under Article 44 (Fraud, Force, Intimidation, or Undue Influence)

Article 44 provides grounds for declaring a marriage voidable, but it also indirectly contributes to grounds for nullity in specific situations involving fraud, force, intimidation, or undue influence:

• Marriage by Fraud: Marriages induced by fraudulent means that affect the consent of one or both parties may be rendered void.
• Marriages Obtained Through Force, Intimidation, or Undue Influence: When consent is not freely given due to coercion, the marriage may be nullified. However, these are technically classified as voidable rather than void ab initio but may be nullified by the court.

II. Effects and Consequences of a Declaration of Nullity

A void marriage is considered to have no legal existence, hence it produces no rights and obligations between the parties, as if the marriage never took place. Here are specific legal effects:

• Status of Children: Legitimate status of children from a void marriage is recognized under Article 54 of the Family Code if the marriage was entered in good faith.
• Property Relations: In cases of nullity, the property relations are typically governed by co-ownership rules.
• Inheritance Rights: A declaration of nullity removes inheritance rights between spouses.
• No Conjugal Partnership or Absolute Community of Property: Since the marriage is void, no community of property is established, and properties are governed under individual ownership.

III. Judicial Process for Declaration of Nullity

• Initiation by Petition: The nullity of marriage can only be declared through a judicial proceeding initiated by a petition filed by any interested party.
• Effectivity of the Declaration: The marriage remains void from the beginning; however, a court declaration formalizes its status and allows for the disposition of matters like child custody and property division.
• Finality of Declaration: A declaration of nullity does not allow for reconciliation.

Void Marriages | Marriage | FAMILY CODE

Under Philippine civil law, particularly within the Family Code, void marriages are marriages that are null from the beginning, meaning that they have no legal effect and are considered invalid as if they never existed. Here is an exhaustive review of the rules and provisions governing void marriages in the Philippines:

I. General Overview of Void Marriages

Void marriages under the Family Code of the Philippines are outlined in Articles 35, 36, 37, and 38. These are marriages that are null and void ab initio (from the beginning) due to their failure to meet essential requisites of a valid marriage as stipulated by law. Since they are considered legally non-existent, these marriages do not produce any civil effects between the parties, except for limited circumstances concerning children.

II. Grounds for Void Marriages under the Family Code

1. Absence of Requisites for Marriage (Article 35) The Family Code requires specific essential and formal requisites for a marriage to be valid. Marriages that lack any of these requisites are void. The requisites are:

   • Legal capacity of the contracting parties, who must be a male and a female.
   • Consent freely given in the presence of the solemnizing officer.

   Under Article 35, a marriage is void if:

   • Either or both parties are under 18 years of age, even if they have parental consent.
   • It was solemnized by a person not legally authorized to perform marriages, unless at least one of the parties believed in good faith that the solemnizing officer had authority.
   • It was solemnized without a valid marriage license, except in cases provided under Chapter 2 of Title I (such as marriages in articulo mortis or marriages among Muslims or members of indigenous tribes under certain conditions).
   • It is a bigamous or polygamous marriage, not falling under Article 41 (regarding a spouse declared presumptively dead).
   • It was conducted through mistake of one party as to the identity of the other.
   • Either party was psychologically incapacitated to comply with the essential marital obligations of marriage at the time of the marriage ceremony.

2. Psychological Incapacity (Article 36)

   • A marriage is also void if one or both parties are deemed psychologically incapacitated to fulfill the essential obligations of marriage. This incapacity must:
     • Exist at the time of the marriage.
     • Be grave, deeply rooted, and incurable.
   • Psychological incapacity has been widely interpreted by jurisprudence, particularly in the landmark case of Santos v. Court of Appeals and the guidelines set in Republic v. Molina.

3. Incestuous Marriages (Article 37)

   • Marriages between close relatives are void due to incestuous nature:
     • Between ascendants and descendants of any degree (e.g., parent and child, grandparent and grandchild).
     • Between brothers and sisters, whether full or half-blood.

4. Void Marriages Due to Public Policy (Article 38)

   • Certain marriages are prohibited for reasons of public policy and are therefore void:
     • Between collateral blood relatives within the fourth civil degree (e.g., first cousins).
     • Between step-parents and step-children.
     • Between parents-in-law and children-in-law.
     • Between adopting parent and adopted child.
     • Between the surviving spouse of the adopting parent and the adopted child.
     • Between the surviving spouse of the adopted child and the adopter.
     • Between an adopted child and a legitimate child of the adopter.
     • Between adopted children of the same adopter.
     • Between parties where one, with the intention to marry the other, killed the other person's spouse, or his/her own spouse.

5. Bigamous or Polygamous Marriages (Article 35(4))

   • Bigamous or polygamous marriages are void, except where Article 41 applies. Article 41 allows remarriage if one spouse has been absent for four consecutive years (or two years in specific instances, such as danger of death situations) and is declared presumptively dead by a competent court.

III. Legal Effects of Void Marriages

Void marriages generally do not produce legal effects. However, the Family Code provides certain exceptions:

1. Status of Children (Article 54)

   • Children born from void marriages are considered legitimate if both parents were in good faith and believed the marriage was valid at the time it was contracted. This is known as the “principle of legitimacy by operation of law.”

2. Property Relations

   • The property relations between parties in a void marriage are generally governed by the rules on co-ownership, provided both acted in good faith.
   • If one or both spouses acted in bad faith, the property regime defaults to forfeiture in favor of common children, or the children of the party acting in good faith.

IV. Remedies Available for Void Marriages

1. Declaration of Absolute Nullity of Marriage

   • A petition for the declaration of absolute nullity of marriage must be filed to obtain a court judgment affirming that a marriage is void ab initio.
   • Only the aggrieved spouse can initiate the action, which must be filed in the Family Court of the place where either party resides.
   • The action for declaration of nullity is imprescriptible, meaning it can be filed at any time since a void marriage has no legal standing.

2. Support and Custody of Children

   • While a void marriage has no legal effects between spouses, children born of such unions are entitled to support and custody, as well as inheritance rights if they qualify as legitimate children under Article 54.

3. Effect of Good Faith on Void Marriages

   • If one or both parties entered into the marriage in good faith, they are entitled to certain protections, especially in terms of property and inheritance rights for their children.
   • Good faith here means that one or both parties honestly believed that no legal impediment existed at the time of the marriage.

V. Differences between Void and Voidable Marriages

Void marriages are distinct from voidable marriages in Philippine law:

• Void Marriages are null from inception and require no court action to be considered legally non-existent.
• Voidable Marriages are valid until annulled by a court due to defects in consent, age, or incapacity; grounds are specified in Articles 45 and 46 of the Family Code.

In sum, the void nature of a marriage, under these guidelines, remains consistent across the Family Code provisions in the Philippines, rendering it non-existent in the eyes of the law. Nevertheless, protections for children and property rights aim to prevent undue hardship, especially for the innocent parties involved.