MATRIX on Marriage.pdf

1. CONSTITUTIONAL LAW II
MATRIX OF THE 3 LEGAL REMEDIES/PETITIONS (DECLARATION OF NULLITY, ANNULMENT OF MARRIAGE
AND LEGAL SEPARATION)
Declaration of Nullity
A.M.
Annulment of Marriage Legal Separation
As to Grounds 1. Minority (those contracted by
any party below 18 years of age
even with the consent of parents
or guardians);
2. Lack of authority of solemnizing
officer (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);
3. Absence of marriage license
(except in certain cases);
4. Bigamous or polygamous
marriages (except in cases where
1. Lack of parental consent.
2. Insanity of one of the parties.
3. Fraud.
• Circumstances constituting fraud:
a. Non-disclosure of conviction
by final judgment of crime
involving moral turpitude;
b. Concealment of pregnancy
by a man other than her
husband;
c. Concealment of sexually
transmissible disease,
regardless of its nature,
existing at the time of marriage;
d. Concealment of drug
addiction, habitual alcoholism,
homosexuality and lesbianism.
4. Force, intimidation or undue influence
(a) Repeated physical violence or
grossly abusive conduct directed
against the petitioner, a common
child, or a child of the petitioner;
(b) Physical violence or moral
pressure to compel the petitioner to
change religious or political affiliation;
(c) 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;
(d) Final judgment sentencing the
respondent to imprisonment of more
than six years, even if pardoned;
(e) Drug addiction or habitual
alcoholism of the respondent;

2. the other spouse is declared as
presumptively dead).
5. Mistake in identity (those
contracted through mistake of one
contracting party as to the identity
of the other).
6. After securing a judgement of
annulment or of absolute nullity of
marriage, the parties, before
entering into the subsequent
marriage, failed to record with the
appropriate registry the: (i)
partition and distribute the
properties of the first marriage;
and (ii) delivery of the children’s
presumptive legitime.
7. Incestuous marriages (between
ascendants and descendants of
any degree, between brothers
and sisters, whether of the full or
half-blood).
8. Void by reason of public policy.
Marriages between (i) collateral
blood relatives whether legitimate
or illegitimate, up to the fourth civil
degree; (ii) step-parents and step-
5. Impotency
6. Affliction of sexually transmissible
disease found to be serious and which
appears incurable
(f) Lesbianism or homosexuality of
the respondent;
(g) Contracting by the respondent of
a subsequent bigamous marriage,
whether in or outside the Philippines;
(h) Sexual infidelity or perversion of
the respondent;
(i) Attempt on the life of petitioner by
the respondent; or
(j) Abandonment of petitioner by
respondent without justifiable cause
for more than one year.

3. children; (iii) parents-in-law and
children-in-law; (iv) adopting
parent and the adopted child; (v)
surviving spouse of the adopting
parent and the adopted child; (vi)
surviving spouse of the adopted
child and the adopter; (vii) an
adopted child and a legitimate
child of the adopter; (viii) adopted
children of the same adopter; and
(ix) parties where one, with the
intention to marry the other, killed
that other person’s spouse, or his
or her own spouse.
9. Psychological Incapacity.
Psychological incapacity, which a
ground for annulment of marriage,
contemplates downright
incapacity or inability to take
cognizance of and to assume the
basic marital obligations.
As to
Prescriptive
Period
An action or defense for the
declaration of absolute nullity of
void marriage shall not prescribe.
Generally, petition must be filed within 5
years from the time of the occurrence of
the causes as indicated in Article 45 of the
Family Code.
The petition must be filed within 5
years from the time of the occurrence
of the cause.

4. As to who
may file
May only be filed by either the
husband or the wife.
The following persons may file a petition for
annulment of voidable marriage based on
any of the grounds under Article 45 of the
Family Code and within the period herein
indicated:
(1) The contracting party whose parent, or
guardian, or person exercising substitute
parental authority did not give his or her
consent, within five years after attaining the
age of twenty-one unless, after attaining
the age of twenty-one, such party freely
cohabitated with the
other as husband or wife; or the parent,
guardian or person having legal charge of
the contracting party, at any time before
such party has reached the age of twenty-
one;
(2) The sane spouse who had no
knowledge of the other's insanity; or by any
relative, guardian, or person having legal
charge of the insane, at any time before the
death of either party; or by the insane
spouse during a lucid interval or after
regaining sanity, provided that the
May only be filed by either the
husband or the wife.

5. petitioner, after coming to reason, has not
freely cohabited with the other as husband
or wife;
(3) The injured party whose consent was
obtained by fraud, within five years after the
discovery of the fraud, provided that said
party, with full knowledge of the facts
constituting the fraud, has not freely
cohabited with the other as husband or
wife;
(4) The injured party whose consent was
obtained by force, intimidation, or undue
influence, within five years from the time the
force, intimidation, or undue influence
disappeared or ceased, provided that the
force, intimidation, or undue influence
having disappeared or ceased, said party
has not thereafter freely cohabited with the
other as husband or wife;
(5) The injured party where the other
spouse is physically incapable of
consummating the marriage with the other
and such incapacity continues and appears
to be incurable, within
five years after the celebration of marriage;
and

6. (6) The injured party where the other party
was afflicted with a sexually-transmissible
disease found to be serious and appears to
be incurable, within five years after the
celebration of marriage.