Effects of Declaration of Nullity

EFFECTS OF DECLARATION OF NULLITY, ANNULMENT, AND LEGAL SEPARATION LEP Notes by Atty. Judy A. Lardizabal, San Sebastian College of Law Declaration of Nullity Annulment Status of Children Illegitimate since marriage is void ab initio Legitimate since marriage is valid until born or conceived annulled before the decree Except: Art 54, referring to Arts 36 and 53 (See also Art 43 in relation to termination of subsequent marriage under Art 42, although said marriage is not void) Property Relations

Donations

propter

* Governed by rules on co-ownership, either Arts. 147 or 148 * Reqs. or Art 147 to apply: 1. The man and woman are capacitated to marry each other; 2. The live exclusively with each other as husband and wife; and 3. Their union is without the benefit of marriage, or their marriage is void. * In the absence of any of the requisites, Art 148 will apply * Liquidation of co-ownership is in accordance with Civil Code provisions. * Art 147, guilty party’s “share in the co-ownership” is forfeited in favor of common children/descendants of the guilty party/innocent party. * Art 148, if guilty spouse is married, “share in the co-ownership” is forfeited in favor of the ACP/CPG of the valid marriage; if the party in bad faith is not married, “share in the co-ownership” is forfeited in favor of common children/descendants of the guilty party /innocent party. • Art 50; Art 43 (2): If marriage is void under Art 40, property relations is governed either by absolute community of property or conjugal partnership of gains, unless the parties agree to a complete separation of property in a marriage settlement entered into before marriage. (Diño vs. Diño, GR 178044, January 19, 2011) • Guilty spouse forfeits share in the “net profits” in favor of common children/descendants of the guilty party/innocent party • Liquidation in accordance with Arts.102 or129, see also 137 Family Code.

Art 50; Art 43 (2): Property relations are governed either by absolute community of property or conjugal partnership of gains, unless the parties agree to a complete separation of property in a marriage settlement entered into before marriage. (Diño vs. Diño, GR 178044, January 19, 2011)

*Art 86 (1), it is revocable [valid but may be revoked] regardless of

*Art 86 (3), it is revocable if donee acted in

* Guilty spouse forfeits share in net profits in favor of common children/descendants of the guilty party/innocent party

Legal Separation Legitimate, whether born/conceived before or after the decree since spouses are still married

*Absolute community of property or conjugal partnership of gains or any other property regime agreed upon in the marriage settlement. * Art 63 (2) Guilty spouse forfeits share in net profits in favor of common children/descendants of the guilty party/innocent party *Liquidation in accordance with Arts. 102 0r 129, see also 137 Family Code.

*Liquidation in accordance with Arts. 102 0r 129, see also 137 Family Code.

*Art 64, it is revocable at the instance of the

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nuptias

good faith or bad faith of the donee. *Requires judicial decree that marriage is void • If marriage is void under Art 40, it is still revocable [valid but may be revoked] following Art 86 (1); • Art 50; Art 43 (3): However, if donee acted in bad faith, donation is revoked by operation of law.

bad faith * In conflict with Art 50; Art 43 (3), donation is revoked by operation of law if donee acted in bad faith. * Requires annulment decree

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In both Art 43 and 86, if donee acted in “good faith”, donation is perfectly VALID and not revocable.

innocent spouse; after finality of decree of legal separation, the innocent spouse may revoke the donation made by him/her in favor of the offending spouse. *Art 86 (6), revocable at the instance of the donor, regardless of who the donor is, provided the donee is the guilty spouse. * Requires decree of legal separation

* Art 86 (2): However, if ground is that marriage was celebrated without parental consent required by law, donation is revocable regardless of good faith or bad faith of the donee, and even before decree of annulment. Designation of the spouse in bad faith as beneficiary in any insurance policy

Art 50; Art 43 (4): If marriage is void under Article 40, innocent spouse has the choice of revoking or maintaining as beneficiary in the insurance policy the other spouse who acted in bad faith. If the innocent spouse opts to revoke, he/she can do so even if the designation is irrevocable.

Art 50; Art 43 (4): Innocent spouse has the choice of revoking or maintaining as beneficiary in the insurance policy the other spouse who acted in bad faith. If the innocent spouse opts to revoke, he/she can do so even if the designation is irrevocable.

Art 64: Innocent spouse has the choice of revoking or maintaining as beneficiary in the insurance policy the other spouse who acted in bad faith. If the innocent spouse opts to revoke, he/she can do so even if the designation is irrevocable.

Capacity of the spouse in bad faith to inherit by testate or intestate succession

Art 50; Art 43 (5): If marriage is void under Article 40, spouse in bad faith is disqualified to inherit from the innocent spouse by testate and intestate succession.

Art 50; Art 43 (5): Spouse in bad faith is disqualified to inherit from the innocent spouse by testate and intestate succession.

Art 63 (4): Offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Art 63 (4): Provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. * Note that the offending spouse is not disqualified to inherit by TESTATE succession. Hence, the innocent spouse may still name the offending spouse as beneficiary in a will executed after decree of legal separation (previous provisions in the will in favor of the offending spouse have been revoked by operation of law)

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