Voidable Marriage Notes

PFR (Arts.45-47 only) Reference: The Law on Persons Family Relations by Elmer T. Rabuya

Russel Anne C. Bundoc  JD 1B VOIDABLE MARRIAGE Characteristics:

1. Valid until otherwise declared by the court; 2. Defect which serves as ground for annulment must must be in existence at the time of the celebration of the marriage; 3. Cannot be assailed collaterally except in a direct proceeding; 4. Can be assailed only during the lifetime of the spouses; 5. Only parties to the voidable marriage can assail it; 6. Action for annulment is subject to prescription (Art.47); (Art.47); 7. Defect is generally subject to ratification except for grounds mentioned in Art 45 pars. (4) & (5)

GROUNDS FOR ANNULMENT No parental consent (who must give consent: “father, mother, surviving parent or guardian, or persons having legal charge of a party whose age is at least 18 or over but below 21)

 WHO MAY FILE (1) the person whose consent is required, only in cases where the party to the marriage has not attained the age of 21; and (2) party whose parent has not given consent, only in cases where such party has attained the age of 21

PRESCRIPTIVE PERIOD (1) at any time before the party (for whom no parental consent was given) reaches the age of 21

(2) 5 years after the party has reached the age of 21

SUBJECT TO RATIFICATION Yes. Can be ratified by the party whose parent has not given consent, after reaching the age of 21, freely cohabits with the other and lived as H and W.

(1) the sane spouse provided that she has no knowledge of the other’s insanity; (2) any relative or guardian or any person having legal charge of the insane person; or (3) the insane person during a lucid interval

Any time before the Yes. The insane death of either party. spouse is the only

Fraud

By the injured party or the party nor responsible for the fraud

Within 5 years from the discovery of fraud

Yes. Can only be ratified by the injured party by freely cohabiting with the guilty spouse as H and W after gaining full knowledge of the facts constituting fraud.

Force, intimidation or undue influence

By the injured party or the party who was subjected to duress

Within 5 years from the time the force, intimidation or undue influence disappeared or ceased

Yes. Can only be ratified by the injured party by freely cohabiting with the other as H and W after the disappearance or

Unsound mind (The test is whether the party at the time of the marriage was capable of understanding the nature and consequences of the marriage.)

one who can ratify the voidable marriage, after regaining sanity, by freely cohabiting with the other as H and W.

PFR (Arts.45-47 only) Reference: The Law on Persons Family Relations by Elmer T. Rabuya

Russel Anne C. Bundoc  JD 1B

Physical Incapability to consummate the marriage (or physical ability of sexual intercourse)

Sexually-transmitted disease (the existence of STD per se is not ground for annulment but the concealment of the same)

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By the injured party or the party who was not aware of the existence of such incapacity at the time of the marriage and who himself or herself was not suffering from the same incapacity

Within 5 years after the celebration of the marriage and not after the discovery of such incapacity

By the injured party- the party who was not aware of the existence of such disease at the time of the marriage and who himself or herself was not afflicted with a disease of the same nature

Within 5 years after the celebration of the marriage and not after the discovery of such disease

cessation of force, intimidation, or undue influence. n/a Rationale: There has been an entire and complete failure of the consideration of the marriage contract.

n/a Rationale: the disease herein referred to is so serious and appears and continues to be incurable

The right of the sane spouse to institute an action for the annulment of marriage is not conflicting with the rule regarding the ratification to be made by the insane spouse, if such insane spouse wishes to do so after regaining sanity, as the right to file an action for annulment is exercisable only prior to the ratification by the insane spouse.

FRAUD: Non-disclosure of a previous conviction by final judgment of the other o party of a crime involving moral turpitude; (An act of moral turpitude is any act done contrary to justice, honesty, principle or good morals.) Concealment of by the wife of the fact that at the time of the marriage, she o was pregnant by a man other than her husband; (If the bride was not aware that she is pregnant, then there is no fraud. Likewise, there is no fraud if the husband was aware or could have been aware of the bride’s pregnancy.) Concealment of sexually-transmissible disease, regardless of its nature, o existing at the time of the marriage; (That the disease must be serious and appears to be incurable, ipso facto, is a ground for the annulment of the marriage even though it was not concealed by one party from the other; If such ground is so concealed, the law does not distinguish between serious or non-serious and curable or incurable disease.) and o Concealment of drug addiction, habitual alcoholism, or homosexuality or lesbianism, existing at the time of the marriage. (If these grounds are not concealed and known to the other party, it would not warrant the annulment of the marriage. It may not likewise be a ground for legal separation, since the  grounds for the latter must necessarily exist only after the celebration of the marriage.) PHYSICAL INCAPACITY OR IMPOTENCY:

Russel Anne C. Bundoc  JD 1B

PFR (Arts.45-47 only) Reference: The Law on Persons Family Relations by Elmer T. Rabuya

Must exist at the time of the celebration of the marriage; Impotency cause by a supervening infirmity does not invalidate the o marriage; total want of power of copulation, and only as necessary incident thereto o the inability for procreation; Barrenness or sterility, or mere sexual weakness or frigidity are not to be o considered as ground for annulment. impotency- physical inability to have sexual intercourse o o sterility- inability to procreate copulate- act of gratifying sexual desire by union of sexual organs of o biological entities Triennial Cohabitation: Under this doctrine, if the wife remains a virgin after three years of cohabitation, the husband will be presumed impotent, and the burden to overcome such presumption will be shifted upon him. Such presumption, however, is not absolute as it may be rebutted by proof to the contrary. o

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EFFECTS OF FINAL JUDGMENT OF ANNULMENT:

1. Dissolves the special contract of marriage as if it never been entered into but the effects of the marriage are not totally wiped out 2. Children conceived or born prior to the judgment of the annulment has become final and executory are considered legitimate; 3. The absolute community property or conjugal partnership of property, as the case may be, shall be terminated or dissolved, and the same shall be liquidated in accordance with the provision of Articles 102 and 129, respectively, of the Family Code. If either spouse has contracted the marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership shall be forfeited in favor of: a. the common children; b. children of the guilty spouse a previous marriage, in default of common children; or c. the innocent spouse, in default of any children of any of the spouse. 4. Donations by reasons of marriage shall remain valid except when the done contracted the marriage in bad faith, in which case, the donor may revoke the donation; 5. The innocent may revoke the designation of the guilty spouse as a beneficiary in any insurance policy, even if such designation be stipulated as irrevocable; 6. The spouse who contracted in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession. 7. If the wife is whether the guilty or innocent spouse, she shall resume her maiden name and surname. However, she may choose to continue employing her former husband’s name unless: (1) the court decrees otherwise, or (2) she or the former husband is married again to another person. 8. The parties are free to re-marry but they must comply with the requirements of Art. 52 [(a) judgment of annulment or of absolute nullity of marriage, (b)partition and distribution of the properties of the spouses and (c) the delivery of the children’s

Russel Anne C. Bundoc  JD 1B

PFR (Arts.45-47 only) Reference: The Law on Persons Family Relations by Elmer T. Rabuya

 presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons and the subsequent marriage shall be null and void.

-Final judgment must provide for the (1)liquidation, partition and distribution of the properties of the spouses, (2) custody and support of the common children and (3) the delivery of the presumptive legitimes of the common children, unless such matter had been adjudicated in previous judicial proceedings.