PERSONS

AND
FAMILY RELATIONS
 VOID & VOIDABLE MARRIAGES
VOID MARRIAGES

CHARACTERISTICS OF VOID MARRIAGES

1] They are inexistent from the beginning. They are ipso facto void & therefore without need of a
judicial declaration of nullity.
EXCEPTION: For purposes of remarriage a declaration of nullity is necessary before the subsequent
marriage can be contracted.
2] A void marriage can be attacked collaterally
a] Marriages celebrated during the effectivity of the civil code (AM # 02-11-10 SC will not apply) the petition
for declaration of nullity may still be filed even after the death of either party to the marriage. (Ninal case)
b] Marriages covered by AM 02-11-10 can still be questioned (as void) even after the death of either party, by
way of collateral attack by compulsory or intestate heirs of the spouses; not by petition for declaration of
nullity,
3] A void marriage can be questioned even after the death of either party;
4] The action or defense for the declaration of absolute nullity of marriage is imprescriptible;
CLARIFICATION: if covered by AM 02-11-10 can only be questioned during the life of the spouses;
5] Any proper interested parties may attack a void marriage
6] Void marriages have no legal effects except those expressly declared by law
 VOID & VOIDABLE MARRIAGES
VOID MARRIAGES

PERSONALITY TO FILE DECLARATION OF NULLITY

Rules for Marriages Covered By AM 02-11-10 SC:
 Marriages celebrated after the effectivity of the FC but filed after the effectivity of
AM 02-11-10 on March 15, 2003
• A petition for declaration of absolute nullity of void marriage may be filed solely by
the husband or the wife
• Upon the death of either spouse, no more petition for declaration of nullity may be
filed
• However, upon the death of either spouse the compulsory or intestate heirs can
still question the validity of the marriage of the spouses, IF VOID, not in a
proceeding for declaration of nullity but in a proceeding for the settlement of the
estate of the deceased spouse (filed in the regular courts)
• The heirs cannot question the validity of the marriage during the lifetime of the
spouses because their rights are in the meantime inchoate.
 VOID & VOIDABLE MARRIAGES
VOID MARRIAGES

PERSONALITY TO FILE DECLARATION OF NULLITY

Rules for Marriages NOT Covered By AM 02-11-10 SC:
 Marriages celebrated during the effectivity of the Civil Code
 Petitions for nullity of marriages commenced prior to March 15, 2003, the
effectivity of AM # 02-11-10
• If AM 02-11-10 SC is not applicable , the petition for declaration of nullity of marriage ,
like any other actions, must be prosecuted & defended in the name of the real party in
interest & must be based on a cause of action.
• The ruling of the SC in Ninal vs Bayadong allowing the children of a former marriage
to file a petition for declaration of nullity of their father’s marriage, will apply.
 VOID & VOIDABLE MARRIAGES
VOID MARRIAGES

GROUNDS FOR VOID MARRIAGES

1] Void marriages under Article 35
2] Void by reason of Psychological Incapacity (Article 36)
3] Incestuous marriages (Article 37)
a] Between ascendants & descendants of any degree
b] Between brothers & sister, whether full or half blood
4] Void marriages by reason of Public Policy [Article 38]
5] Void second marriage for failure to secure judicial declaration of nullity of a prior marriage
(pursuant to Article 40)
6] Void marriages not expressly enumerated in the Family Code:
a] Same sex marriages
b] Marriages where the parties did not appear before the solemnizing officer
c] Marriages where the parties merely signed the marriage contract, without the presence of the
solemnizing officer.
 VOID & VOIDABLE MARRIAGES
VOID MARRIAGES

GROUNDS FOR VOID MARRIAGES

1] Void marriages under Article 35
1] Persons below 18 years (even with the consent of parents)
2] Those solemnized by any person not legally authorized to perform marriages
Exception: When marriage contracted with either or both parties believe in good faith that
solemnizing officer had legal authority.
3] Those solemnized without license except those covered by Chapter 2
4] Bigamous and polygamous marriage (even if celebrated abroad)
5] Those contracted through mistake of one contracting party as to the identity of the other
6] Those subsequent marriages that are void under Article 52
 VOID & VOIDABLE MARRIAGES
VOID MARRIAGES

GROUNDS FOR VOID MARRIAGES

2] Void by reason of Psychological Incapacity (Article 36)
Psychological Incapacity:
CONCEPT: refers to no less than a mental (not physical) incapacity that causes a party’s inability to
understand the basic marital obligations as opposed to a mere inability to comply with them.
CHARACTERISTICS:
• Gravity – the illness must be grave or serious enough to bring about the disability of the party
assume the essential obligations of marriage.
• Juridical antecedence – it must be rooted in the history of the party & must be proven to be
existing at the time of the marriage , although the overt manifestation may emerge only
during the marriage.
• Incurable – the incapacity must be incurable or even if it were otherwise, the cure would be
beyond the means of the party involved.
 VOID & VOIDABLE MARRIAGES
VOID MARRIAGES

GROUNDS FOR VOID MARRIAGES

2] Void by reason of Psychological Incapacity (Article 36)
Jurisprudential guidelines in invoking & proving Psychological
Incapacity:
1] Plaintiff has the burden of proof 4] Incapacity must be permanent or incurable
2] Root cause of psychological incapacity must 5] Illness must be grave enough to bring disability
be: to assume essential marital obligatins
a) medically or clinically identified 6] Marital obligations refer to Art 68-71, 220, 221
b) alleged in the complaint & 225 FC
7] Interpretation of the NAMT of the Catholic
c] sufficiently proven by experts
Church of the Phils while not controlling should be
d] clearly explained in the decision given great respect
3] Incapacity proven to be existing at the time of 8] The trial court must order the prosecutor or Sol
the celebration Gen to appear for the state
 VOID & VOIDABLE MARRIAGES
VOID MARRIAGES

GROUNDS FOR VOID MARRIAGES

4] Void marriages by reason of Public Policy [Article 38]
1] Between collateral relatives up to the 4th degree (whether legitimate or illegitimate)
2] Between step parents & step children
3] Between parents-in-law & their children in law
4] Between adopting parent & adopted child
5] Between the surviving spouse of the adopting parent & the adopted child
6] Between the surviving spouse of the adopted & the adopter
7] Between the adopted child & the legitimate child of the adopter
8] Between the adopted children of the same adopter
9] Between parties where one, with the intention to marry the other, killed the other person’s
spouse or his or her own spouse
 VOID & VOIDABLE MARRIAGES
VOID MARRIAGES

EXCEPTION: ARTICLE 41
Valid Bigamous Marriage under Article 41
Art. 41. A marriage contracted by any person during subsistence of a previous marriage
shall be null and void, unless before the celebration of the subsequent marriage, the prior
spouse had been absent for four consecutive years and the spouse present has a well-
founded belief that the absent spouse was already dead. In case of disappearance where
there is danger of death under the circumstances set forth in the provisions of Article 391
of the Civil Code, an absence of only two years shall be suff icient. For the purpose of
contracting the subsequent marriage under the preceding paragraph the spouse present
must institute a summary proceeding as provided in this Code for the declaration of
presumptive death of the absentee, without prejudice to the effect of reappearance of the
absent spouse.
For the purpose of contracting the subsequent marriage under the preceding paragraph the
spouse present must institute a summary proceeding as provided in this Code for the
declaration of presumptive death of the absentee, without prejudice to the effect of
reappearance of the absent spouse.
 VOID & VOIDABLE MARRIAGES
VOID MARRIAGES

EXCEPTION: ARTICLE 41
Valid Bigamous Marriage under Article 41
APPLICABLE LAW:
• If the subsequent marriage took place prior to the effectivity of the Family Code (August 3,
1988), apply the provisions of the Civil Code which does not require a judicial declaration of
presumptive death in order for the marriage to be valid [Armas vs Calesterio [330 SCRA 201
(2001)
• If the subsequent marriage is celebrated during the effectivity of the Family Code which now
requires a judicial declaration of presumptive death, the absence of a judicial declaration shall
render the marriage void for being bigamous (Art 41 in rel. to Art 35 FC)
• Otherwise stated under existing laws & jurisprudence , in a case where a spouse is absent for
the requisite period, the present spouse may contract a subsequent marriage only after
securing a judgment declaring the presumptive death of the absent wife.
• Note that the petition must be based on a well founded belief that the absent wife is already
dead.
 VOID & VOIDABLE MARRIAGES
VOIDABLE MARRIAGES

ARTICLE 45: VOIDABLE/ANNULLABLE MARRIAGES

1] Where either party is 18 years of age or over but below 21 and the marriage was
solemnized without the consent of the parents;
2] When either party is of unsound mind unless ratified by cohabitation after coming
to reason.
3] When the consent of either party was obtained by fraud unless the party with full
knowledge of the facts of the fraud freely cohabited with the other, as husband &
wife.
4] When the consent of either party was obtained by force, intimidation or under
influence, unless the same having disappeared or ceased, such party freely
cohabited.
5] That either party was incapable of consummating the marriage with the other, &
such incapacity continues and appears incurable.
6] That either party was afflicted with a sexually transmissible disease found to be
serious & appears to be incurable.
 VOID & VOIDABLE MARRIAGES
VOIDABLE MARRIAGES

PRESCRIPTION & WHO FILES FOR ANNULMENT:

1] Marriage without parental consent
a] if filed by the party, WITHIN 5 YEARS, after attained the age of 21;
b] by the parents at any time before such party reach age 21;
2] Insanity
a] by the sane spouse who had no knowledge of the insanity
b] by the relative, guardian or person who having legal charge of the insane, AT ANY TIME
before the death of either party
c] by the INSANE SPOUSE, during lucid interval or after gaining sanity
3] Consent obtained through FRAUD by the injured party w/in 5 years from discovery
4] Consent vitiated by force, intimidation, undue influence; FILED BY THE INJURED PARTY within 5
years from the time the force, intimidation or undue influence ceased or disappeared;
5] When either party is “physically incapable” or afflicted with sexually transmissible disease; BY THE
INJURED PARTY w/in 5 years after the marriage
 VOID & VOIDABLE MARRIAGES
VOIDABLE MARRIAGES

CHARACTERISTICS OF VOIDABLE MARRIAGE:

1] They are considered VALID & produces civil effects until set aside:
a] Children of voidable marriage are legitimate
b] The property relations of the spouses during the period of cohabitation shall be community or
conjugal partnership of gains as the case may be
2] The defects of a voidable marriage can generally be RATIFIED OR CONFIRMED by FREE
COHABITATION or by PRESCRIPTION
EXCEPTION:
a] If the ground is physical incapacity to consummate marriage
b] If the ground is Sexually Transmissible Disease (STD)
3] A voidable marriage can be assailed only in a direct proceeding for that purpose but not
collaterally.
4] Can be questioned only during the lifetime of either of the parties.
5] The ground must be in existence at the time of the celebration of marriage
 VOID & VOIDABLE MARRIAGES
VOIDABLE MARRIAGES

EFFECTS OF ANNULMENT DECREE

1] Termination of the marital bond but the former spouses must comply with the
requirements of Article 52 FC if any of them wants to remarry; otherwise the subsequent
marriage will be void.
2] Children are considered legitimate, if conceived prior to the finality of the judgement,
but parental authority & custody shall be exercised by the parent designated by the court.
3] Dissolution & liquidation of the absolute community or conjugal partnership off gains as
the case may be.
4] Generally donation propter nupias shall remain valid, but may be revoked if the donee is
in bad faith.
5] The innocent spouse may revoke the designation of the other spouse who acted in bad
faith.
6] The spouse who contracted the marriage in bad faith is disqualified to inherit from the
innocent spouse.
 VOID & VOIDABLE MARRIAGES
LEGAL SEPARATION

LEGAL SEPARATION
CONCEPT:
The remedy available to parties in a valid but failed marriage for the purpose of
obtaining a decree from court entitling him or her to certain reliefs such as:
a] the right to live separately from each other without affecting the marital bond;
b] the dissolution & liquidation of their absolute community or conjugal partnership
property regime; &
c] the custody of their minor children
DISTINCTION WITH ANNULMENT & ABSOLUTE DIVORCE:
A] In legal separation the marriage bond is not severed, in the latter it is severed &
terminated;
B] In legal separation & in absolute divorce the cause/ground exists after the celebration of
marriage; In annulment the ground must exist at the time of the marriage
 VOID & VOIDABLE MARRIAGES
LEGAL SEPARATION

GROUNDS FOR LEGAL SEPARATION

1] Repeated physical violence against the petitioner, a common child or child of
the petitioner;
2] Grossly abusive conduct against the petitioner etc.
3] Physical violence or moral pressure to compel the petitioner to change
religious or political affiliation;
4] Attempt to corrupt or induce the petitioner, a common child or child of
petitioner to engage in prostitution, or in connivance in such corruption or
inducement
5] Final judgement sentencing respondent to 6 years imprisonment;
6] Drug addiction, habitual alcoholism, homosexuality & lesbianism;
7] Contracting a bigamous marriage whether abroad or in the Phils;
8] Sexual infidelity or perversion
9] Attempt against the life of the petitioner
10] Abandonment for more than 1 year without justifiable cause
 VOID & VOIDABLE MARRIAGES
LEGAL SEPARATION

GROUNDS FOR LEGAL SEPARATION

1] Repeated physical violence against the petitioner, a common
child or child of the petitioner;
Infliction of Physical Violence
2] Grossly abusive conduct against the petitioner etc. This is a ground for legal separation if
3] Physical violence or moral pressure to compel the petitioner repeatedly resorted to against the petitioner, a
to change religious or political affiliation; common child or child of petitioner, under par 1.
4] Attempt to corrupt or induce the petitioner, a common child • If the physical violence is committed by the
or child of petitioner to engage in prostitution, or in connivance respondent in order to compel the petitioner to
in such corruption or inducement
change his her religious or political affiliation,
5] Final judgement sentencing respondent to 6 years the same is a ground for legal separation under
imprisonment;
par 2 of Art 55, even if the violence is employed
6] Drug addiction, habitual alcoholism, homosexuality & only once.
lesbianism;
7] Contracting a bigamous marriage whether abroad or in the • If the physical violence is in the form of an
Phils; attempt against the life of the petitioner, the
8] Sexual infidelity or perversion
same is a ground for legal separation under par
9, art 55.
9] Attempt against the life of the petitioner
• Under this paragraph the physical violence
10] Abandonment for more than 1 year without justifiable need not be repeated.
cause
 VOID & VOIDABLE MARRIAGES
LEGAL SEPARATION

GROUNDS FOR LEGAL SEPARATION

1] Repeated physical violence against the petitioner, a common
child or child of the petitioner;
Grossly Abusive Conduct:
2] Grossly abusive conduct against the petitioner etc. Violence as a ground for legal separation, need
3] Physical violence or moral pressure to compel the petitioner not be physical in view of the phrase “grossly
to change religious or political affiliation; abusive conduct”, as a ground for legal
4] Attempt to corrupt or induce the petitioner, a common child separation under par 1.
or child of petitioner to engage in prostitution, or in connivance
in such corruption or inducement
• Rabuya opines that psychological and sexual
violence and repeated verbal abuse may
5] Final judgement sentencing respondent to 6 years
imprisonment; likewise qualify as a ground for legal
separation under par 1.
6] Drug addiction, habitual alcoholism, homosexuality &
lesbianism; Moral pressure:
7] Contracting a bigamous marriage whether abroad or in the
Phils; If the moral pressure is resorted to in order to
8] Sexual infidelity or perversion
compel petitioner to change his or her religious
or political affiliation, it is also a ground under
9] Attempt against the life of the petitioner
par 2 of Art 55
10] Abandonment for more than 1 year without justifiable
cause
 VOID & VOIDABLE MARRIAGES
LEGAL SEPARATION

GROUNDS FOR LEGAL SEPARATION

1] Repeated physical violence against the petitioner, a common
child or child of the petitioner;
Promotion of Prostitution:
2] Grossly abusive conduct against the petitioner etc. An attempt of the respondent to corrupt or
3] Physical violence or moral pressure to compel the petitioner induce the petitioner or a common child , or
to change religious or political affiliation; child of petitioner to engage in prostitution, or
4] Attempt to corrupt or induce the petitioner, a common child connive in such corruption or inducement is a
or child of petitioner to engage in prostitution, or in connivance ground for legal separation under par 3 Art 55.
in such corruption or inducement
5] Final judgement sentencing respondent to 6 years
Abandonment:
imprisonment; Abandonment is not mere physical
6] Drug addiction, habitual alcoholism, homosexuality & estrangement but also financial and moral
lesbianism;
desertion. There must be an absolute cessation
7] Contracting a bigamous marriage whether abroad or in the of marital relations, duties, and rights with the
Phils;
intention of perpetual separation.
8] Sexual infidelity or perversion
9] Attempt against the life of the petitioner
10] Abandonment for more than 1 year without justifiable
cause
 VOID & VOIDABLE MARRIAGES
LEGAL SEPARATION

GROUNDS FOR LEGAL SEPARATION

1] Repeated physical violence against the petitioner, a common
child or child of the petitioner;
Drug addiction, habitual alcoholism,
2] Grossly abusive conduct against the petitioner etc.
lesbianism and homosexuality:
3] Physical violence or moral pressure to compel the petitioner To be a ground for legal separation, the drug
to change religious or political affiliation; addiction, habitual alcoholism, lesbianism &
4] Attempt to corrupt or induce the petitioner, a common child homosexuality must arise only after the
or child of petitioner to engage in prostitution, or in connivance celebration of marriage.
in such corruption or inducement
5] Final judgement sentencing respondent to 6 years
If they are already present during the
imprisonment; celebration of marriage but they were cancelled
6] Drug addiction, habitual alcoholism, homosexuality &
from the other party, there is FRAUD which is a
lesbianism; ground for ANNULMENT
7] Contracting a bigamous marriage whether abroad or in the
Phils;
8] Sexual infidelity or perversion
9] Attempt against the life of the petitioner
10] Abandonment for more than 1 year without justifiable
cause
 VOID & VOIDABLE MARRIAGES
LEGAL SEPARATION

GROUNDS FOR LEGAL SEPARATION

1] Repeated physical violence against the petitioner, a common
child or child of the petitioner;
Contracting of subsequent Bigamous
2] Grossly abusive conduct against the petitioner etc.
Marriage:
3] Physical violence or moral pressure to compel the petitioner Contracting a second a subsequent bigamous
to change religious or political affiliation; marriage is a ground to declare the second
4] Attempt to corrupt or induce the petitioner, a common child marriage VOID AB INITIO, but it does not affect
or child of petitioner to engage in prostitution, or in connivance the validity of the prior marriage. The remedy of
in such corruption or inducement
the aggrieved party in the prior marriage is to
5] Final judgement sentencing respondent to 6 years file for LEGAL SEPARATION. The mere act of
imprisonment;
contracting a second is a ground for Legal
6] Drug addiction, habitual alcoholism, homosexuality & Separation even if 2nd marriage is VOID OF
lesbianism;
INITIO on grounds other than the existence of
7] Contracting a bigamous marriage whether abroad or in the the first marriage.
Phils;
8] Sexual infidelity or perversion
9] Attempt against the life of the petitioner
10] Abandonment for more than 1 year without justifiable
cause
 VOID & VOIDABLE MARRIAGES
LEGAL SEPARATION

GROUNDS FOR LEGAL SEPARATION

1] Repeated physical violence against the petitioner, a common
child or child of the petitioner;
Final Judgment of more than Six Years
2] Grossly abusive conduct against the petitioner etc.
imprisonment:
3] Physical violence or moral pressure to compel the petitioner Conviction of a crime by final judgment of
to change religious or political affiliation; imprisonment of more than 6 years is a ground
4] Attempt to corrupt or induce the petitioner, a common child for Legal Separation, regardless of the nature of
or child of petitioner to engage in prostitution, or in connivance the crime and even if the respondent is
in such corruption or inducement
pardoned.
5] Final judgement sentencing respondent to 6 years
imprisonment; Attempt on the life of the spouse:
6] Drug addiction, habitual alcoholism, homosexuality & Under this ground, there is no need for
lesbianism;
conviction. But the obvious intent of the law is
7] Contracting a bigamous marriage whether abroad or in the to require the presence of “intent to kill”
Phils;
8] Sexual infidelity or perversion
9] Attempt against the life of the petitioner
10] Abandonment for more than 1 year without justifiable
cause
 VOID & VOIDABLE MARRIAGES
LEGAL SEPARATION

GROUNDS FOR LEGAL SEPARATION

1] Repeated physical violence against the petitioner, a common
child or child of the petitioner;
Sexual Infidelity:
2] Grossly abusive conduct against the petitioner etc. Under par 8 Article 55, this is a ground for legal
3] Physical violence or moral pressure to compel the petitioner separation. The sexual infidelity need not be in
to change religious or political affiliation; the form of adultery or concubinage. Thus a
4] Attempt to corrupt or induce the petitioner, a common child single act of sexual intercourse on the part of
or child of petitioner to engage in prostitution, or in connivance both the husband or wife with a person other
in such corruption or inducement that their spouse will now be a ground for Legal
5] Final judgement sentencing respondent to 6 years Separation.
imprisonment;
6] Drug addiction, habitual alcoholism, homosexuality &
Sexual Perversion:
lesbianism;
According to Tolentino sexual perversion
7] Contracting a bigamous marriage whether abroad or in the includes all unusual or abnormal sexual
Phils;
practices which may be offensive to the feelings
8] Sexual infidelity or perversion or sense of decency of either husband & wife.
9] Attempt against the life of the petitioner
10] Abandonment for more than 1 year without justifiable
cause
 VOID & VOIDABLE MARRIAGES
LEGAL SEPARATION

GROUNDS FOR LEGAL SEPARATION

1] Repeated physical violence against the petitioner, a common child or child of
the petitioner;
2] Grossly abusive conduct against the petitioner etc.
3] Physical violence or moral pressure to compel the petitioner to change
religious or political affiliation;
4] Attempt to corrupt or induce the petitioner, a common child or child of
petitioner to engage in prostitution, or in connivance in such corruption or
inducement
5] Final judgement sentencing respondent to 6 years imprisonment;
6] Drug addiction, habitual alcoholism, homosexuality & lesbianism;
7] Contracting a bigamous marriage whether abroad or in the Phils;
8] Sexual infidelity or perversion
9] Attempt against the life of the petitioner
10] Abandonment for more than 1 year without justifiable cause
 VOID & VOIDABLE MARRIAGES
LEGAL SEPARATION

GROUNDS FOR DENIAL; PRESCRIPTION

Article 56. The petition for legal separation shall be denied on any of the following grounds:
[4C-M: Condone, Consent, Connivance, Collusion, Mutual guilt]
1] Where the aggrieved party has condoned the offense or act complained of.
2] Where the offended party has consented to the commission of the offense or act complained of;
3] Where there is connivance between the parties in the commission of the offense or act
constituting the ground for legal separation;
4] Where both parties have given ground for legal separation .
5] Where there is collusion between the parties to obtain the decree of legal separation.
Article 57. An action for legal separation shall be filed within five years from the time the
occurrence of the cause
 VOID & VOIDABLE MARRIAGES
LEGAL SEPARATION

GROUNDS FOR DENIAL / DEFENSES

1] CONDONATION – the conditional forgiveness or remission of the matrimonial
offense which the other has committed. Condonation may either be express or
implied. The general rule is that any cohabitation with the guilty party, after the
commission of the offense will amount to condonation.
2] CONSENT – agreement or conformity in advance of the commission of the act.
This may also be express or implied.
3] CONNIVANCE implies agreement, express or implied, by both spouses to the
ground for legal separation.
4] COLLUSION means the agreement between husband and wife for one of them to
commit orth to appear to commit , or be represented in court as having committed a
matrimonial offense or to suppress evidence of a valid defense.
5] RECRIMINATION OR MUTUAL GUILT – when both parties have given ground for
legal separation.
6] PRESCRIPTION – the action must be filed within 5 years from the time of
occurrence of the cause.
 VOID & VOIDABLE MARRIAGES
LEGAL SEPARATION

EFFECTS OF LEGAL SEPARATION

1] The spouses shall be entitled to live separately;
2] Dissolution & liquidation of the absolute community or conjugal property;
3] The custody of minor children shall be awarded to the innocent spouse;
4] Disqualification of the offending spouse to inherit by intestate succession from the
innocent spouse;
5] Provisions made in the will in favour of the offending spouse shall be revoked by
operation of law;
6] After the finality of the decree of legal separation the innocent spouse may revoke the
donations he/she made in favour of the offending spouse, as well as the designation of the
latter as beneficiary.
NOTE: The action to REVOKE the donation must be brought within FIVE YEARS from the finality of the
decree of legal separation.
 VOID & VOIDABLE MARRIAGES
LEGAL SEPARATION

EFFECTS OF RECONCILIATION
1. Proceedings for legal separation shall be terminated at whatever stage [Art. 66 (1),
Family Code].
2. If there is a final decree of legal separation, it shall be set aside [Art. 66 (2), Family
Code].
3. The separation of property and forfeiture of share of the guilty spouse shall subsist
unless the spouses agree to revive their former property regime or institute another
property regime [Arts. 66-67, FC].
4. Joint custody of children is restored.
5. The right to intestate succession by the guilty spouse from the innocent spouse is
restored.
6. The right to testamentary succession depends on the will of the innocent Spouse
NOTE: Articles 65 and 66 always allow reconciliation even after the decree.
 VOID & VOIDABLE MARRIAGES
LEGAL SEPARATION

EFFECTS OF RECONCILIATION
Art. 65. If the spouses should reconcile, a corresponding joint manifestation under
oath duly signed by them shall be filed with the court in the same proceeding for
legal separation.
Art. 66. The reconciliation referred to in the preceding Articles shall have the
following consequences:
(1) The legal separation proceedings, if still pending, shall thereby be terminated
at whatever stage; and
(2) The final decree of legal separation shall be set aside, but the separation of
property and any forfeiture of the share of the guilty spouse already effected
shall subsist, unless the spouses agree to revive their former property regime.
The court's order containing the foregoing shall be recorded in the proper civil
registries.
 VOID & VOIDABLE MARRIAGES
RA 9262 (ANTI-VAWC LAW)

ACTS OF VIOLENCE ACCORDING TO RA 9262

(1) Causing physical harm to the woman or her child ;

(2) Threatening to cause the woman or her child physical harm;
(3) Attempting to cause the woman or her child physical harm;
(4) Placing the woman or her child in fear of imminent physical harm;
(5) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling
her actions or decisions;
(6) Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or her/his immediate family;
(7) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
child, including, but not limited to, repeated verbal and emotional abuse, and denial of
financial support or custody of minor children of access to the woman's child/children.
 VOID & VOIDABLE MARRIAGES
RA 9262 (ANTI-VAWC LAW)

ACTS OF VIOLENCE ACCORDING TO RA 9262

(8) Engaging in purposeful, knowing, or reckless conduct, personally or through another,

that alarms or causes substantial emotional or psychological distress to the woman or her
child. This shall include, but not be limited to, the following acts:
(a) Stalking or following the woman or her child in public or private places;
(b) Peering in the window or lingering outside the residence of the woman or her child;
(c) Entering or remaining in the dwelling or on the property of the woman or her child
against her/his will;
(d) Destroying the property and personal belongings or inflicting harm to animals or pets
of the woman or her child; and
(e) Engaging in any form of harassment or violence;
 VOID & VOIDABLE MARRIAGES
RA 9262 (ANTI-VAWC LAW)

ACTS OF VIOLENCE ACCORDING TO RA 9262

(9) Attempting to compel or compelling the woman or her child to engage in conduct which
the woman or her child has the right to desist from or desist from conduct which the
woman or her child has the right to engage in, or attempting to restrict or restricting the
woman's or her child's freedom of movement or conduct by force or threat of force, physical
or other harm or threat of physical or other harm, or intimidation directed against the
woman or child. This shall include, but not limited to, the following acts committed with the
purpose or effect of controlling or restricting the woman's or her child's movement or
conduct:
(a) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
(b) Depriving or threatening to deprive the woman or her children of financial support legally due
her or her family, or deliberately providing the woman's children insufficient financial support;
(c) Depriving or threatening to deprive the woman or her child of a legal right;
(d) Preventing the woman in engaging in any legitimate profession, occupation, business or activity
or controlling the victim's own money or properties, or solely controlling the conjugal or common
money, or properties;