VOID VOIDABLE LEGAL

SEPARATION
Action Filed Declaration of Nullity Annulment Legal Separation
Grounds Absence of essential Defective essential Art. 55 (acts
or formal requisites requisites of marriage committed or
[at the time of [must be at the time occurred during
marriage] of the marriage] marriage; if before,
there must be NO
Legal Capacity - (Legal) capacity Article 56 specifically
Arts. 35.1, 35.4, 45.1, 45.5, 45.6 condonation)
35., 36, 37, 38, 41,
44, 40 Consent 45.1, 45.2,
45.3, 45.4
Consent 35.1,
35.5

Authority of the
solemnizing officer
35.2

No Marriage License
(non-existent,
expired, no
signature of civil
registrar)
Consequence Severance of marital Severance of marital Severance of
and property ties and property ties property relations
Donation Proper Arts. 40 & 44 [44 if Revoked by operation Optional against
Nuptias between spouses] = of law if Donee acted done who is guilty
revoked by in bad faith [43.3 &
operation of law; in 50]
all other cases,
optional under Art. Optional under 86
86
Community Regime 147 or 148 except ACP, CPG, or CSP ACP, CPG, or CSP (in
40 (including 40) case of
reconciliation, they
may choose a
different regime)
Status of Children IL except under 36 Legitimate Legitimate
and 53]
Custody of Children Awarded to the
innocent spouse
Revocation of YES, even if
spouse as irrevocable
beneficiary
Property Liquidation NO delivery of Delivery of No distribution of
presumptive presumptive legitimes
legisitme except 40 legitimes
Bad Faith
Also no Disinheritance in disinheritance
disinheritance testate and intestate testate and intestate
 If theres bad faith, What is lost is the What is lost is the
lose the share to common profit to common profit to
common children -> common children -> common children ->
children of guilty children of guilty children of guilty
spouse -> innocent spouse -> innocent spouse -> innocent
spouse spouse spouse

If married = share (if there are no

to the community separate properties,
regime (di ko to you will only lose
gets) share Quiao v.
Quiao)

Bigamous marriages
ART 40 (maam says there is no bigamy here)
ART 41

In Art. 39
Only husband and wife can file nullity
But in Fujiki, if it is Bigamous, Art. 39 WILL NOT apply
Actual husband in previous marriage may file

One may file a Recognition of Foreign Judgment or Rule 108

Art. 26
Cannot simultaneously file with the foreigner. Only foreigner should file.

Legitimate born or conceived during marriage

IL who can be legitimated no impediment to marry

Support
L entitled
IL entitled but comes from separate property

Know definition of child abuse.

1 Question on adoption