VOID & VOIDABLE MARRIAGES Gen.

Rule: A marriage contracted by any person

during the subsistence of a previous marriage shall be
VOID VOIDABLE NULL and VOID.
can generally be
can be ratified ratified by free Exception: the prior spouse had been absent for 4
cohabitation. CONSECUTIVE years and the spouse present had a
always void valid until annulled WELL-FOUNDED BELIEF that the absent spouse
can be attacked CANNOT be was already dead;
directly or assailed
collaterally collaterally; there 2 CONSECUTIVE years: In case of disappearance
must be a direct where there is DANGER under the circumstances set
proceeding forth in the provisions of Art. 391, CC.
there is no conjugal there is a conjugal Contracting subsequent marriage:
partnership (only partnership a. The spouse present must institute a
co-ownership) summary proceeding for the declaration of
presumptive death of the absentee. (without
Impediments in marriages: prejudice to the effect of reappearance)

1. Diriment impediments - VOID. (5) Those contracted through mistake of one

Ex. contracting party as to the identity of the other;
 Close blood relationship (6) Those subsequent marriages that are void
 Prior existing marriage under Art. 53.

2. Prohibitive impediments - do not affect validity; JURISPRUDENCE:

criminal prosecution may follow  A void marriage CANNOT be a source of
----------------- rights for it was as though no marriage has taken
place.
1. Absolute impediment - person cannot  A declaration of NULLITY is required before
marry at all. a valid subsequent marriage can be contracted.
Ex.  An unsatisfactory marriage cannot be
 below 18. considered null and void.

2. Relative impediment - prohibition is only with Other VOID marriages:

respect a. One of the parties is psychologically incapacitated;
certain persons. (Art. 36, Family Code)

MOLINA DOCTRINE: (guidelines)

Art. 35. The following marriages shall be void 1. The burden of proof to show the nullity of
from the beginning: marriage belongs to the plaintiff; in case of
doubt, such shall be resolved in favor of the
(1) Those contracted by any party below eighteen existence and continuation of the marriage;
years of age even with the consent of parents or 2. Root cause of PSYCHOLOGICAL
guardians; INCAPACITY must be medically or clinically
(2) Those solemnized by any person NOT identified;
LEGALLY authorized to perform marriages unless 3. Incapacity must be proven to be existing at
such marriage were contracted with either or both the time of the celebration of marriage;
parties believing in good faith that the solemnizing 4. Incurability of the psychological incapacity;
officer had the legal authority to do so; 5. Gravity of the psychological incapacity;
(3) Those solemnized without license, except those 6. The essential marital obligations must be
covered by the preceding chapter; those embraced by Art. 68 to 71, FC, as
(4) Those BIGAMOUS or POLYGAMOUS marriages regards the husband and wife, as well as Art.
not falling under Art. 41; 220-221 and 225. FC, in regards to parents
and their children;
 7. Interpretations given by NAMT
of the Catholic Church is not
controlling, but should be given
great respect by our courts;
8. Trial court must order the
prosecuting attorney or fiscal and
the Solicitor General to appear
counsel for the state.

b. Marriages between ascendants and

descendants of
ANY degree; (Art. 37 (1), FC)
c. Marriages between brothers and
sisters, whether of
the full or half-blood. (Art. 37 (2),
FC)

Direct line ; count ALL, minus

one.
Collateral ; nearest common
ancestor, go
down minus one.

d. Marriages between collateral blood

relative,
Legitimate or illegitimate, up to the
fourth civil degree;
e. Between step-parents and step-
children;
f. Between parents-in-law and children-
in-law;
g. Between adopting parent and adopted
child;
h. Between the surviving spouse of the
adopting parent
and the adopted child;
i. Between surviving spouse of the
adopted child and the
adopter;

j. Between an adopted child and a legitimate child of

the
adopter;
k. Between adopted children of the same adopter;
l. Between parties where one, with the intention to
marry
someone, killed that other person’s spouse, or
his/her
own spouse.
m. Marriages in a play, drama or movie;
n. Between two boys and two girls;
o. Marriages in jest.