Concepto de derivada

A. RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES

1. Coverage. The Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages is A. M. NO. 02-11-10-SC, effective March 15, 2003, and governs petitions for declaration of absolute nullity of void marriages and annulment of voidable marriages under Articles 35, 36, 37 and 38 of the Family Code of the Philippines. The Rules of Court shall apply suppletorily.⁴²⁹

2. Void marriages under Article 35 of the Family Code. Under Article 35 of the Family Code, the following marriages are void from the beginning:

a) those contracted by any party below eighteen (18) years of age even with the consent of parents or guardians;

b) 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;

c) those solemnized without license, except those covered in the preceding Chapter;

c) those bigamous or polygamous marriages not failing under Article 41 on absentee spouse;

d) those contracted through mistake of one contracting party as to the identity of the other; and

e) those subsequent marriages that is void under Article 53 for failure to register the judgment of nullity, partition and distribution of properties, and delivery of the children’s legitimes.

3. Jurisprudence

a) Judicial declaration of void marriage is necessary to contract another marriage. In a case in point, the Supreme Court ruled that if a party contracts a void marriage that has not been declared as such by the court under Article 35 of the Family Code and one of the parties re-marries, said person is guilty of bigamy.⁴³⁰

429 Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, Sec. 1.

430 Manuel v. People, G.R. No.165842, 29 November 2005, 476 SCRA 461.

SPECIAL PROCEEDINGS

E-84

b) Mere private act of signing a marriage contract bears no semblance to a valid marriage and needs no judicial declaration of nullity. In a case in point, the Supreme Court found that since no marriage ceremony at all was performed by a duly authorized solemnizing officer, as the parties merely signed a marriage contract on their own, the mere private act of signing a marriage contract bears no semblance to a valid marriage and, thus, needs no judicial declaration of nullity. The Court further declared that such act alone cannot constitute an ostensibly valid marriage for which petitioner might be held liable for bigamy, unless a judicial declaration of nullity is first secured before contracting a subsequent marriage.⁴³¹

c) A married woman and a single man belonging to the Jehovah’s Witness who make “declaration of pledging faithfulness” are not administratively liable. The Supreme Court ruled that a married woman and a single man belonging to the Jehovah’s Witness who make

“declaration of pledging faithfulness” are not administratively liable as the newly-entered conjugal arrangement is not penalized by law, it being an exercise of the freedom of religion.⁴³²

d) Void marriage still produces legal effects, among which, is bigamy.

Conversely, bigamy is committed even if the second marriage is declared null and void by reason of the psychological incapacity of the second spouse. Although the marriage is void ab initio, it still produces legal effects, such as bigamy.⁴³³

4. Void marriage under Article 36 of the Family Code. “Psychological incapacity,” under Article 36 of the Family Code, is not defined or that no specific examples of psychological incapacity are laid down so as not to limit interpretation by the courts. Psychological incapacity, however, is confined to the most serious personality disorders such as dependent or anti-social personality with utter insensitivity and inability to give meaning to the marriage.⁴³⁴

a) Cases of non-existence of psychological incapacity. The Supreme Court held that there is no psychological incapacity in the following instances: wife’s refusal to come home from the United States and touch base with the husband;⁴³⁵ alcoholism, sexual infidelity and abandonment of the family by the spouse;⁴³⁶ failure to provide support to the family,

431 Morigo v. People, G.R. No. 145226, February 6, 2004, 422 SCRA 376.

432 Escritor v. Estrada, A.M. No. P-02-1651, June 22, 2006, 492 SCRA 1.

433 Tenebro v. Court of Appeals, G.R. No.150758, February 18, 2004, 423 SCRA 272.

434 Santos v. Court of Appeals, G.R. No.112019, January 4, 1995, 240 SCRA 20.

435 Id.

436 Hernandez v. Court of Appeals, G.R. No. 126010, December 8, 1999, 320 SCRA 76.

SPECIAL PROCEEDINGS

E-85

physical abuse and abandonment of the family by the spouse;⁴³⁷ and a spouse who is emotionally immature, alcoholic, irresponsible and a fugitive from justice.⁴³⁸

Additionally, the Supreme Court made pronouncements on the non-existence of psychological incapacity, to wit: petition for declaration of nullity of marriage based on irreconcilable differences and conflicting personalities of the spouses;⁴³⁹ flagrant promiscuity of a spouse with psychologist’s report that said spouse suffers from social personality disorder exhibited by blatant display of infidelity;⁴⁴⁰ and habitual alcoholism, infidelity, sexual perversion and abandonment by respondent spouse.⁴⁴¹ The absence of cohabitation is not likewise a ground for declaration of nullity, otherwise, according to the Supreme Court, marriage will depend on the will of the parties.⁴⁴²

b) Instances where there is no psychological incapacity. However, being a pathological liar and living in a world of make believe constitute psychological incapacity.⁴⁴³ Unfitness as a lawyer, on the other hand, is not automatic unfitness as a husband or vice versa as well as infidelity and falsifying a spouse’s signature.⁴⁴⁴ Neither a husband who is alleged to be a “Mama’s boy” and who made it appear in his seafarer’s book that he is single so as to make the mother the beneficiary of his remittances can be declared psychologically incapacitated.⁴⁴⁵

c) Principle of “coming to court with clean hands” does not apply to Article 36. The principle of coming to court with clean hand does not apply to psychological incapacity cases for even the psychologically incapacitated spouse may file the petition and both parties may be declared psychologically incapacitated.⁴⁴⁶

d) Psychological incapacity is not a ground to recover moral damages.

The psychological incapacity of a person is not a ground for recovery of moral damages as psychological incapacity is beyond the control of a person due to an innate inability to perform marital obligations.⁴⁴⁷

437 Marcos v. Marcos, G.R. No. 136490, October 19, 2000, 343 SCRA 755.

438 Republic v. Dagdag, G.R. No.109975, February 9, 2001, 351 SCRA 425.

439 Choa v. Choa, G.R. No.143376, November 26, 2002, 392 SCRA 641.

440 Dedel v. Court of Appeals, G.R. No. 151867, January 29, 2004, 421 SCRA 397.

441 Ferraris v. Ferraris, G.R. No. 162368, July 17, 2006, 495 SCRA 396.

442 Villanueva v. Court of Appeals, G.R. No. 132955, October 27, 2006, 505 SCRA 564.

443 Antonio v. Reyes, G.R. No. 155800, March 10, 2006, 484 SCRA 353.

444 Paras v. Paras, G.R. No. 147824, August 2, 2007, 529 SCRA 81.

445 Republic v, Baguio, G.R. No. 171042, June 30, 2008, 556 SCRA 711.

446 Chi Ming Choi v. Court of Appeals, G.R. No. 119190, January 16, 1997, 266 SCRA 324.

447 Buenaventura v. Court of Appeals, G.R. No. 127358, March 31, 2005, 454 SCRA 261.

SPECIAL PROCEEDINGS

E-86

e) Who may file and when a petition for annulment of voidable marriage. Under Section 3 of the Rule, the following may file a petition for annulment of voidable marriage on any of the grounds under Article 45 of the Family Code within the prescribed period:

 the contracting party who did not obtain consent of parents and at any time before such party has reached the age of twenty-one (21);

 the sane spouse at any time before the death of either party; or by the insane spouse during a lucid interval or after regaining sanity;

 the injured party whose consent was obtained by fraud and within five (5) years after the discovery of the fraud;

 the injured party whose consent was obtained by force, intimidation, or undue influence, within five (5) years from the time the force, intimidation, or undue influence disappeared or ceased;

 the injured party where the other spouse is physically incapable of consummating the marriage and within five (5) years after the celebration of marriage; and,

 the injured party where the other party was afflicted with a sexually-transmissible disease and within five (5) years after the celebration of marriage.⁴⁴⁸

5. Prohibited compromises and matters not subject of mediation.

Compromise is not allowed on the following: a) civil status of persons; b) validity of a marriage or of a legal separation; c) ground for legal separation; d) future support; e) jurisdiction of courts; and f) future legitime.⁴⁴⁹

6. Trial. Section 17 states the presiding judge shall personally conduct trial and no delegation of the reception of evidence to a commissioner is allowed, except as to matters involving property relations. The grounds for declaration of absolute nullity or annulment of marriage must be proved and no judgment on the pleadings, summary judgment, or confession of judgment is allowed.

7. Confidentiality and Privacy of Proceedings. The court may exclude from the courtroom all persons, including members of the press, who do not have a direct interest in the case. The order may be made if the court determines that requiring a party to testify in open court would not enhance the ascertainment of truth; would cause to the party psychological harm or inability to effectively communicate due to embarrassment, fear, or timidity; would violate the right of a

448 RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE

MARRIAGES, Sec. 3.

449 Id., Sec. 16; RULE ON COURT-ANNEXED FAMILY MEDIATION, A.M. No. 10-4-16-SC, June 22, 2010, Rule 1, Sec. 1.

SPECIAL PROCEEDINGS

E-87

party to privacy; or would be offensive to decency or public morals. No copy may be taken nor any examination or perusal of the records of the case or parts thereof may be made by any person other than a party or counsel of a party, except by order of the court.⁴⁵⁰

8. Judgment. According to Section 19 of the Rule, if the court renders a decision granting the petition, it shall declare that the decree of absolute nullity or decree of annulment shall be issued by the court only after compliance with Articles 50 and 51 of the Family Code as implemented under the Rule on Liquidation, Partition and Distribution of Properties. The parties, including the Solicitor General and the public prosecutor, shall be served with copies of the decision personally or by registered mail. If the respondent summoned by publication failed to appear in the action, the dispositive part of the decision shall be published once in a newspaper of general circulation.

9. When decision becomes final. The decision becomes final upon the expiration of fifteen (15) days from notice to the parties. Entry of judgment is made if no motion for reconsideration or new trial, or appeal is filed by any of the parties, the public prosecutor, or the Solicitor General. Upon the finality of the decision, the court issues the corresponding decree if the parties have no properties. If the parties have properties, the court adopts the procedure prescribed in Section 21 of the Rule. The entry of judgment is registered in with the Civil Registry where the marriage was recorded and in the Civil Registry where the family court granting the petition for declaration of absolute nullity or annulment of marriage is located.⁴⁵¹

10. Liquidation, partition, distribution, custody, support of common children and delivery of presumptive legitime. After entry of the judgment, or, in case of appeal, after receipt of the entry of judgment of the appellate court granting the petition, the family court, on motion of either party, proceeds with the liquidation, partition and distribution of the properties of the spouses, including custody, support of common children and delivery of their presumptive legitimes, pursuant to Articles 50 and 51 of the Family Code, unless such matters had been adjudicated in previous judicial proceeding.⁴⁵²

450 RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE

MARRIAGES, Sec. 17.

451 Id., Sec. 19.

452 Id., Sec. 21.

SPECIAL PROCEEDINGS

E-88

11. Property regime that governs after the marriage is declared null and void. The property regime of a marriage declared null and void under Article 36 of the Family Code is governed by co-ownership.⁴⁵³

12. Decree. Section 22 of the Rule states that the court shall issue the decree after: (1) registration of the entry of judgment in the Civil Registry where the marriage was celebrated and in the Civil Registry of the place where the family court is located; (2) registration of the approved partition and distribution of the properties of the spouses in the proper Register of Deeds where the real properties are located; and (3) delivery of the children's presumptive legitimes in cash, property, or sound securities.

13. Contents of the dispositive portion of the decision. The court states in the decree the dispositive portion of the judgment entered and attach to the decree the approved deed of partition. Except in the case of children covered under Articles 36 and 53 of the Family Code, the court orders the Local Civil Registrar to issue an amended birth certificate indicating the new civil status of the children affected.⁴⁵⁴

14. Registration and publication of the decree and decree as best evidence. The prevailing party causes the registration of the decree in the Civil Registry where the marriage was registered, the Civil Registry of the place where the family court is situated, and in the National Census and Statistics Office and reports to the court compliance with this requirement within thirty days from receipt of the copy of the decree. If service of summons was by publication, the parties shall cause the publication of the decree once in a newspaper of general circulation. The registered decree is the best evidence to prove the declaration of absolute nullity or annulment of marriage and serves as notice to third persons concerning the properties of petitioner and respondent, as well as the properties or presumptive legitimes delivered to their common children.⁴⁵⁵

15. Effect of death of a party and duty of family or appellate court.

In case a party dies at any stage of the proceedings before the entry of judgment, the court issues an order for the case to be declared closed and terminated, without prejudice to the settlement of the estate in proper proceedings in the regular courts. If the party dies after the entry of judgment of nullity or annulment,

453 Valdez v. Regional Trial Court of Quezon City, Branch 102 and Valdez, G.R. No. 112749, July 31, 1996, 260 SCRA 221.

454 RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE

MARRIAGES, Sec. 22.

455 Id., Sec. 23.

SPECIAL PROCEEDINGS

E-89

the judgment is binding on the parties and their successors in interest in the settlement of the estate in the regular courts.⁴⁵⁶