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1. CHAPTER IV
VOID AND
VOIDABLE
MARRIAGES

2. •Void marriage or Nullity of
marriage – is a marriage that
is unlawful or invalid under
the law. A void marriage is
invalid from its beginning or
void ab initio, and is generally
treated under the law as if it
never existed.

3. •Void ab initio – is a latin
phrase which means having
no legal effect from the
beginning.
•Null and Void – having no
force, no binding power, or not
valid.
•“walay bisa nga marriage
gikan pa sa sinugdanan”

4. Void Marriages
ARTICLE 35. The following
marriages shall be void from
the beginning:
(1) Those contracted by any
party below eighteen years of
age even with the consent of
parents or guardians;

5. (2) Those solemnized by any
person not legally authorized to
perform marriages unless such
marriages were contracted with
either or both parties believing
in good faith that the
solemnizing officer had the legal
authority to do so;

6. (3) Those solemnized without
license, except those covered
the preceding Chapter
(exceptions);
(4) Those bigamous or
polygamous marriages not
failing under Article 41 (death
of either spouse);

7. What is…
•Bigamy – the act of marrying
another person while still
legally married to another.
•Polygamy – having multiple
spouses at one time.

8. (5) Those contracted through
mistake of one contracting
party as to the identity of the
other; and
(6) Those subsequent
marriages that are void under
Article 53.

9. •ARTICLE 36. A marriage
contracted by any party who, at
the time of the celebration, was
psychologically incapacitated
to comply with the essential
marital obligations of marriage,
shall likewise be void even if
such incapacity becomes
manifest only after its
solemnization.

10. •ARTICLE 37. Marriages
between the following are
incestuous and void from the
beginning, whether
relationship between the
parties be legitimate or
illegitimate:

11. (1) Between ascendants and
descendants of any degree;
and
(2) Between brothers and
sisters, whether of the full or
half blood.

14. WRONG
TURN

15. •ARTICLE 38. The following
marriages shall be void from
the beginning for reasons of
public policy:
(1) Between collateral blood
relatives whether legitimate or
illegitimate, up to the fourth
civil degree;

16. ALBINISM
SYNDROME

18. (2) Between step-parents and
step-children;
(3) Between parents-in-law
and children-in-law;
(4) Between the adopting
parent and the adopted child;
(5) Between the surviving
spouse of the adopting parent
and the adopted child;

19. (6) Between the surviving
spouse of the adopted child
and the adopter;
(7) Between an adopted child
and a legitimate child of the
adopter;

20. (8) Between adopted children
of the same adopter; and
(9) Between parties where
one, with the intention to
marry the other, killed that
other person's spouse, or his
or her own spouse.

21. •What if, either of the
spouse believes in good
faith that they are
legally married even
they are blood
relatives?

22. Example:
•The woman believed in good
faith that she married a man
not related to her but who, in
truth and in fact, was her
long-lost brother, her good
faith will not cure the
infirmity even if she willingly

23. and freely cohabited with him
for the length of time after
discovering the relationship.
The marriage is void
regardless of her good faith or
bad faith, likewise if a person
marries his/her first cousin
conceals from his or her first
cousin, marriage is still void.

24. Consanguinity – is the
relationship of persons of
the same blood.
Therefore, Consanguinity
is strictly prohibited in the
Philippine Law because of
genetic reason!

25. Summary of Void
Marriages in Petition for
Declaration of Nullity
1.Contracted by parties below
18 years old (minors).
2.Solemnized by a person with
no authority.

26. 3. Solemnized without a
marriage license.
4. Bigamous or polygamous
marriage.
5. Contracted through mistake
of one party as to identity of
the other (mistake of identity).

27. 6. Premature subsequent
marriages.
7. Contracted by a
psychologically incapacitated
spouse.
8. Incestuous Marriages.
9. Void marriages for reasons
of public policy.

28. Case Digest
Chi Ming Tsoi vs.
Court of Appeals
GR No. 119190,
January 16, 1997
Psychologically Incapacitated

29. Facts:
•Chi Ming Tsoi and Gina Lao Tsoi was
married in 1988. After the
celebration of their wedding, they
proceed to the house of the
defendant’s mother. There was no
sexual intercourse between them
during their first night and same
thing happened until their fourth
night.

30. •In an effort to have their honeymoon
in a private place, they went to
Baguio but Gina’s relatives went
with them. Again, there was no
sexual intercourse since the
defendant avoided by sleeping on a
rocking chair at the living room.
Since May 1988 until March 1989
they slept together in the same bed
but no attempt of sexual intercourse
between them.

31. Because of this, they submitted
themselves for medical examination to a
urologist in Chinese General Hospital in
1989. The result of the physical
examination of Gina was disclosed, while
that of the husband was kept confidential
even the medicine prescribed. Out of
anger, Gina does not want to reconcile
with Chi Ming Tsoi and want their
marriage declared void on the ground of
psychological incapacity.

32. On the other hand, the latter does not
want to have their marriage nullified
because he loves her very much, he has
no defect on his part and is physically
and psychologically capable and since
their relationship is still young, they can
still overcome their differences. Chi Ming
Tsoi submitted himself to another
physical examination and the result was
there is no evidence of impotency and he
is capable of erection.

33. •The defendant submitted himself
to a physical examination. His
penis was examined by Dr. Sergio
Alteza, Jr. for the purpose of
finding out whether he is
impotent. As a result thereof, Dr.
Alteza submitted his Doctor’s
Medical Report. It is stated there,
that there is no evidence of
impotency and he is capable of
erection.

34. •The Doctor said, that he asked the
defendant to masturbate to find out
whether or not he has an erection
and he found out that from the
original size of two (2) inches, the
penis of the defendant lengthened by
one (1) inch. Dr. Alteza said, that the
defendant had only a soft erection
which is why his penis is not in its
full length. But, still is capable of
having a sexual intercourse.

35. •Whether Chi Ming Tsoi’s refusal
to have sexual intercourse with
his wife constitutes
psychological incapacity.
•The abnormal reluctance or
unwillingness to consummate
his marriage is strongly
indicative of a serious
personality disorder which to
the mind of the Supreme Court
clearly demonstrates an utter

36. insensitivity or inability to give
meaning and significance to the
marriage within the meaning of
Article 36 of the Family Code.
•Furthermore, one of the
essential marital obligations
under the Family Code is to
procreate children thus constant
refusal of this obligation will
finally destroy the integrity and
wholeness of the marriage.

37. ANNULMENT
VS.
LEGAL
SEPARATION

38. ANNULMENT
OF MARRIAGE

39. •Voidable marriage – is a
marriage that can be
cancelled at the option of one
of the parties through
annulment. The marriage is
valid but is subject to
cancellation if contested in
court by one of the parties to
the marriage.

40. •Voidable Marriage – “may bisa
nga marriage pero poydi siya
mapa walang-bisa”
•“mawad-an lang ug effect ang
marriage kung wad-an siya’g
saysay thru court order”

41. What is Annulment of
Marriage?
•Is a court process in order to
dissolve or terminate the
marriage bond completely
making the marriage non-
existent. Former spouses are
allowed to remarry someone
else.

42. Grounds for Annulment of
Marriage in the Philippines
•ARTICLE 45. A marriage may be
annulled for any of the
following causes, existing at
the time of the marriage:
(1) Absence of parental consent.
That the party in whose behalf it
is sought to have the

43. marriage annulled was
eighteen (18) years of age or
over but below twenty-one
(21), and the marriage was
solemnized without the
consent of the parents,
guardian or person having
substitute parental authority
over the party.

44. The Petition of Annulment must
be filed within five (5) years of
having attained the age of
twenty-one (21). However, if the
parties freely cohabited with
the other as husband and wife
after having reached the age of
twenty-one (21) a Petition of
Annulment can no longer be
filed.

45. (2) Mental
illness. That
either party
was of
unsound mind.

46. But if the
parties freely
cohabited with
each other
after he or she
came to
reason the law
prohibits the
filing of a
Petition.

47. What is Unsound Mind or
Insanity
•It means a disorder of the
mind, which impairs the
cognitive faculty: that is, the
reasoning capacity of man to
such an extent as to render
him incapable of
understanding consequences
of his actions.

48. What is Unsound Mind
or Insanity
It means that the person is
incapable of knowing the
nature of the act or of
realizing that the act is wrong
or contrary to law.

49. Example:
•Mission and Marfil were both
legally married. One day,
while Marfil driving his car he
met a serious road accident
and bumped his head on the
windshield of his car that
causes him from comatose
for a long time.

50. •Upon a chance, he woke up
surprisingly of what is
happened to him. He forgot
the half of the memories of
his life including the
experience of his marital
union. Is his memory loss a
justifiable ground for
annulment of marriage?

51. •To successfully invoke
unsoundness of mind as a
ground for annulment, there
must be such a derangement
of the mind to prevent the
party from comprehending
the nature of the contract and
from giving to it his free and
intelligent consent.

52. •Any form of mental disease
that does not direct affect to
the contract of marriage
cannot be used as a basis for
attacking the validity of the
marriage.

53. (3) Fraud. That
the consent of
either party
was obtained
by fraud,
unless such
party once
having
knowledge of
the fraud,

54. freely cohabited
with the other
as husband and
wife. The
Petition must
be filed within
five (5) years of
finding out the
facts of the
fraud.

55. •Non-disclosure
of a previous
conviction by
final judgment
of the other
party of a
crime
involving
moral
turpitude;

56. •Concealment
by the wife of
the fact that at
the time of the
marriage, she
was pregnant
by a man other
than her
husband;

57. •Concealment
of sexually
transmissible
disease (STD),
regardless of
its nature,
existing at the
time of
marriage; or

58. •Concealment
of drug
addiction,
habitual
alcoholism or
homosexuality
or lesbianism
existing at the
time of the
marriage.

59. Habitual Alcoholism,
Drug Addiction
•The person by frequent
indulgence may be said to
have fixed and irresistible
habit of drunkenness,
whereby he has lost the
power or will to control his
appetite for intoxicating

60. Habitual Alcoholism,
Drug Addiction
liquor, as where he indulges
in the practice of becoming
intoxicated whenever the
temptation is presented and
the opportunity offered.

61. •Under the Family Code, fraud
refers to the non-disclosure or
concealment of certain
circumstances which
materially affect the essence
of marriage. Hence, there is
NO FRAUD when there is no
concealment or there is
disclosure.

62. (4) Force,
intimidation or
undue influence.
That the
consent of
either party was
obtained by
force,
intimidation or
undue influence.

63. Except when
the same has
ceased and the
party filing the
petition freely
cohabited with
the other as
husband and
wife.

64. •The injured party must file
within five (5) years from the
point in time the force,
intimidation or undue
influence disappeared or
came to an end.

65. (5) Physically
incapable of
consummating
the marriage or
Impotence. That
either party was
physically
incapable of
consummating
the marriage

66. with the other,
and such
incapacity
continues and
appears to be
incurable.

67. •The filing of the Petition
of Annulment must be
filed within five (5) years
after the marriage.

68. •Incapacity to consummate
denotes the permanent
inability on the part of one of
the spouses to perform the
complete act of sexual
intercourse.
•The incapacity to
consummate the marriage
must exist at the time of the
marriage ceremony.

69. Example:
•Bacatin, the husband of Rona
involved in a serious road
accident which occurred after
the marriage ceremony, and
became paralyzed which
physically incapacitated him
from consummating the
marriage.

70. •Is it a justifiable
ground for
annulling their
marriage?

71. Answer:
•It was held that the marriage
cannot be annulled as the
incapability did not exist at
the time of the marriage
ceremony.

72. (6) Either party was at the
time of marriage afflicted with
a sexually-transmissible
disease (STD) found to be
serious and appears to be
incurable. The filing of the
Petition of Annulment must be
filed within five (5) years after
marriage.

74. Human
Papilloma Virus
and HIV-AIDS

75. Summary of Voidable
Marriages in Petitions
for Annulment
1.Contracted without parental
consent (between 18-21
years old).
2.Contracted by insane spouse
(unsound mind).

76. 3. Consent obtained through
fraud.
4. Consent obtained by force,
intimidation, or threat.
5. Physical incapacity to
copulate (impotency).
6. Affliction of serious and
incurable sexually-transmitted
disease.

77. CASE DIGEST
SARAO VS. GUEVARA
GR No. 4264
May 31, 1940
Physically Incapability
or Impotence

78. Facts:
•On the night of their wedding,
plaintiff approached defendant
to have consummate the
marriage with her but the latter
declined and complained of
pains in her lower abdomen and
plaintiff saw a purulent
discharge offensive to the smell.

79. •After submitting herself to
checkup, a tumor was found on
her uterus thus the defendant
underwent operation which
rendered her incapable of
procreation. The plaintiff then
wants to have their marriage
annulled on the ground of
impotency on the part of the
defendant’s incapability to
produce offspring.

80. Issue:
•According to the plaintiff,
whether or not sterility is
tantamount to impotency and
is a ground for annulment of
marriage.

81. Held:
•Impotency is different from
sterility. Impotency is not
inability to procreate but inability
to copulate. Inability to procreate
cannot be a ground for annulment
and a temporary or occasional
incapacity cannot be used as a
ground to nullify a marriage.

82. CASE DIGEST
Jimenez Vs. Canizares
GR No. 12790
August 31, 1960

83. Facts:
•Jimenez filed a petition to have
his marriage with Canizares
annulled for the latter’s vaginal
orifice was too small for his
organ to penetrate for
copulation and such condition of
the genitals of the latter existed
at the time of the marriage and
continues to exists and due to

84. that plaintiff left the conjugal
dwelling for two days and nights
after they have been married.
The court ordered Canizares to
submit herself to physical
examination by a competent lady
physician to determine her
capability to copulation and to
submit within 10 days the
medical certificate on the result
thereof.

85. After hearing and failure of
Canizares to submit
herself to examination, the
court rendered decision
decreeing the annulment
of the marriage between
the plaintiff and the
defendant.

86. CASE DIGEST
Almelor Vs. RTC Las
Piñas and Almelor
GR No. 179620
August 26, 2008

87. Facts:
•This is the case of Leo and
Alma who first met while
working as medical student
clerks. Alma regarded Leo as
a very thoughtful person and
they got along well with other
people.

88. •Hence, they later on became
sweethearts and three years
after, got married. At that
time, both were already
medical practitioners: Leo, an
Anesthesiologist and Alma, a
Pediatrician. During the first
six years of their marriage,
they begot three children,
Lina, Leonie and Larry.

89. •In the public eye, Leo was the
picture of a perfect husband and
father but not in his private life.
His kind and gentle behavior did
not last long because at home,
he was a harsh, disciplinarian,
unreasonably meticulous, and
easily angered. These were in
stark contrast to the lavish
affection and deep attachment
Leo has for his mother to whom

90. he was dependent in decision
making. Further adding to the
woes of Alma was Leo’s
homosexuality which he
concealed from her. Alma’s
suspicion was first aroused when
she noticed Leo’s closeness to
his male companions. She caught
him in an indiscreet telephone
conversation manifesting his
affection for a male caller and

91. her suspicion was confirmed
when she saw him kissed
another man on the lips, a
certain Dr. Morales. When she
confronted Leo, the latter denied
everything. So Alma took her
children and left the conjugal
abode. Since then Leo stopped
giving support to their children.

92. Held:
•And so, after 11 years of
marriage, Alma filed a
petition before the Regional
Trial Court (RTC) on the
ground that Leo was
psychologically incapacitated
to declare their marriage
annulled.

93. •The RTC nullified the
marriage not on the ground of
psychological incapacity
under Article 36, but on the
ground of vitiated consent
through fraud under Article
45.

94. •The RTC said that there is
preponderant evidence
enough to establish with
certainty that Leo is really a
homosexual.
•HOMOSEXUALITY PER SE
NOT A GROUND TO ANNUL
MARRIAGE, RATHER IT’S
CONCEALMENT!

95. LEGAL
SEPARATON

96. Legal Separation of
Marriage?
•It ends the marital obligations
and the property relations
between spouses. But, the
marriage bond is not
dissolved and the legally
separated spouses still
cannot remarry.

97. Grounds for Legal
Separation in the
Philippines
•ARTICLE 55. A petition for
legal separation may be filed
on any of the following
grounds:

98. 1) Repeated
physical violence
or grossly
abusive conduct
directed against
the petitioner, a
common child, or
a child of the
petitioner;

99. (2) Physical
violence or
moral
pressure to
compel the
petitioner to
change
religious or
political
affiliation;

100. (3) Attempt of respondent to
corrupt or induce the
petitioner, a common child, or
a child of the petitioner, to
engage in prostitution, or
connivance in such corruption
or inducement;

101. (3) Attempt of
respondent to
corrupt or
induce the
petitioner, a
common child,
or a child of
the petitioner,

102. to engage in
prostitution,
or connivance
in such
corruption or
inducement;

103. (4) Final
judgment
sentencing the
respondent to
imprisonment
of more than
six years, even
if pardoned;

104. (5) Drug
addiction or
habitual
alcoholism of
the
respondent;

105. (6) Lesbianism or
homosexuality of
the respondent;

106. (7) Contracting
by the
respondent of
a subsequent
bigamous
marriage,
whether in the
Philippines or
abroad;

107. (8) Sexual
infidelity or
perversion;

108. (9) Attempt by
the respondent
against the life
of the
petitioner; or

109. (10)
Abandonment
of petitioner by
respondent
without
justifiable
cause for more
than one year.

110. CASE DIGEST
Ong Vs. Ong
GR No. L-67888
October 8, 1985
Physical Violence/Property
Relation

111. Facts:
•William Ong and Lucita Ong have
been married for more than 20
years when Lucita filed a
complaint for Legal Separation
under Article 55 paragraph 1 of
the Family Code. Lucita alleged
that since their third year of
marriage, her husband William
subjected her to physical violence

112. (he would slap her, kick her, pull her
hair, and bang her head against the
concrete wall), and would should
expletives at her. He was also violent
towards their three children,
scolding them or using their belt
buckle to beat them. One day after a
violent quarrel, Wiliam hit Lucita on
several different parts of her body,
pointed a gun at her, and asked her
to leave the house, which she did.

113. •Lucita’s statements about
William’s abusive behavior were
corroborated by her sister,
Linda Lim, Dr. Vicente Elinzano,
whom Lucita consulted the day
after she left her conjugal home,
also testified about her injuries.
•The Trial Court granted Lucita’s
petition for legal separation; the
CA affirmed.

114. •William then filed this petition
for review on certiorari on the
decision.
•William denied all of Lucita’s
allegations, saying that he never
inflicted physical harm on her or
their children. He also argued
that:

115. •The real motive of Lucita and her
family in filing the complaint is to
deprive him of his control and
ownership over conjugal
properties with Lucita;
•The Court of Appeals erred in
relying on the testimonies of
Lucita , her sister, and their
parents’ doctor, Dr. Elinzano ,
since their testimonies are tainted
with relationship and fraud; and

116. •Since Lucita abandoned the
family home, she has also
given a ground for legal
separation and therefore
should NOT be granted one.

117. Held:
•The claim that the real motive
of Lucita in filing the case is
for her family to take control
of the conjugal properties is
absurd. Lucita left because of
her husband’s repeated
physical violence and grossly
abusive conduct.

118. •She can derive no personal
gain from pushing for the
financial interest of her
family at the expense of her
marriage of 20 years and the
companionship of her
husband and children.

119. •The abandonment referred to by
the Family Code is abandonment
without justifiable cause for more
than 1 year. Lucita left William
due to his abusive conduct – such
does not constitute abandonment
contemplated in the said
provisions.
•William’s Petition DENIED, Lucita
GRANTED a decree of legal
separation.

121. CHAPTER 5
RIGHTS AND
OBLIGATIONS OF
HUSBAND AND WIFE