Void and voidable marriages may be distinguished from each other in the following ways:
1. As to nature: A void marriage is inexistent from the time of its performance, whereas a voidable marriage is valid and binding until it is annulled by a competent court.
2. As to susceptibility of convalidation: A void marriage is not
susceptible of convalidation, whereas a voidable marriage may be convalidated either by prescription or by cohabitation.
3. As to effect upon property: In a void marriage, the property relations between the parties are governed by the rules of co-ownership, whereas in a voidable marriage, the property relations are, as a general rule, governed by the rules on absolute community unless another system is agreed upon in marriage settlement.
4. As to effect upon children: In a void marriage, the children are considered illegitimate under Art. 165 of the FC (subject to exceptions), whereas in a voidable marriage, the children conceived before the decree of annulment are considered legitimate.
5. As to how marriage may be impugned: The defect of a void marriage may be attacked either directly or collaterally, whereas in a voidable marriage, a judicial declaration is necessary.
6. As to who may impugn marriage: The validity of a void marriage may be impugned by anyone who is directly affected, whereas the validity of a voidable marriage can be impugned only as a general rule by one of the contracting parties.
7. As to when marriage may impugned: A void marriage may be impugned even after the death of one of the contracting parties, whereas a voidable marriage can no longer be impugned after the death of one of the contracting parties.
8. As to necessity of judicial declaration: In a void marriage, a judicial declaration is not necessary to establish its invalidity but for purpose of remarriage, there must be a judicial declaration of nullity, wheres in a voidable marriage, a judicial declaration is not necessary. (Desiderio P. Jurado, Civil Law Reviewer, 2006
ed., pp. 81-82)
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