Grounds
for annulment of marriage (voidable marriage)
A marriage may be annulled for any of the following causes,
existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the
marriage annulled was eighteen years of age or over but below twenty-one, and
the marriage was solemnized without the consent of the parents, guardian or
person having substitute parental authority over the party, in that order,
unless after attaining the age of twenty-one, such party freely cohabited with
the other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party
after coming to reason, freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud,
unless such party afterwards, with full knowledge of the facts constituting the
fraud, freely cohabited with the other as husband and wife;
(4) That the consent of either party was obtained by force,
intimidation or undue influence, unless the same having disappeared or ceased,
such party thereafter freely cohabited with the other as husband and wife;
(5) That either party was physically incapable of
consummating the marriage with the other, and such incapacity continues and
appears to be incurable; or
(6) That either party was afflicted with a
sexually-transmissible disease found to be serious and appears to be incurable.
(Art. 45, Family Code)
What
are the different circumstances or cases of fraud which will serve as a ground
for the annulment of a marriage?
Any of the following circumstances shall constitute fraud
referred to in Number 3 of the preceding Article:
(1) Non-disclosure of a previous conviction by final judgment
of the other party of a crime involving moral turpitude;
(2) Concealment by the wife of the fact that at the time of
the marriage, she was pregnant by a man other than her husband;
(4) Concealment of drug addiction, habitual alcoholism or
homosexuality or lesbianism existing at the time of the marriage.
No other misrepresentation or deceit as to character, health,
rank, fortune or chastity shall constitute such fraud as will give grounds for
action for the annulment of marriage.
In
actions for annulment of a voidable marriage, who are the parties who may
commence the action and within what period?
The action for annulment of marriage must be filed by the
following persons and within the periods indicated herein:
(1) For causes mentioned in number 1 of Article 45 by the
party whose parent or guardian did not give his or her consent, within five years
after attaining the age of twenty-one, or by the parent or guardian or person
having legal charge of the minor, at any time before such party has reached the
age of twenty-one;
(2) For causes mentioned in number 2 of Article 45, by the
same spouse, who had no knowledge of the other's insanity; or by any relative
or 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;
(3) For causes mentioned in number 3 of Articles 45, by the
injured party, within five years after the discovery of the fraud;
(4) For causes mentioned in number 4 of Article 45, by the
injured party, within five years from the time the force, intimidation or undue
influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by
the injured party, within five years after the marriage.
Rules
in actions for annulment or declaration of absolute nullity of marriage
In all cases of annulment or declaration of absolute nullity
of marriage, the Court shall order the prosecuting attorney or fiscal assigned
to it to appear on behalf of the State to take steps to prevent collusion
between the parties and to take care that evidence is not fabricated or
suppressed.
In the cases referred to in the preceding paragraph, no
judgment shall be based upon a stipulation of facts or confession of judgment.
Support
and custody during pendency of cases
During the pendency of the action and in the absence of
adequate provisions in a written agreement between the spouses, the Court shall
provide for the support of the spouses and the custody and support of their
common children. The Court shall give paramount consideration to the moral and
material welfare of said children and their choice of the parent with whom they
wish to remain as provided to in Title IX. It shall also provide for
appropriate visitation rights of the other parent.
What
issues shall be provided in the final judgment of annulment or declaration of
nullity of marriage, unless previously adjudicated in a previous judicial
proceeding?
Unless such matters had been adjudicated in previous judicial
proceedings, the final judgment of annulment or declaration of nullity of
marriage shall provide for the following issues:
1. The liquidation, partition and distribution of the
properties of the spouses. In the proceedings for liquidation, all creditors of
the spouses as well as of the absolute community or the conjugal
partnership shall be notified and allowed to intervene to protect their
interests.
2. The custody and support of the common children.
3. The delivery of presumptive legitimes of the common
children. (Art. 50, FC)
How
shall the conjugal dwelling and the lot on which it is situated be adjudicated
in case the final judgment of annulment or declaration of nullity of marriage
provide for the partition of the property of the spouses?
In the partition of the properties of the spouses, the
conjugal dwelling and the lot on which it is situated shall be adjudicated in
accordance with the provisions of Articles 102 and 129 of the FC
1. The conjugal dwelling shall be adjudicated to the spouse
with whome majority of the common children should choose to remain.
2. Children below 7 years are deemed to have chosen the
mother, unless the court decides otherwise.
3. In case there is no majority of the common children, the
court shall decide, taking into account the best interest of the
children. (Art. 102 [6], Art.
129 [9], FC)
Delivery
of presumptive legitimes
In said partition, the value of the presumptive legitimes of
all common children, computed as of the date of the final judgment of the trial
court, shall be delivered in cash, property or sound securities, unless the
parties, by mutual agreement judicially approved, had already provided for such
matters.
The children or their guardian or the trustee of their
property may ask for the enforcement of the judgment.
The delivery of the presumptive legitimes herein prescribed
shall in no way prejudice the ultimate successional rights of the children
accruing upon the death of either of both of the parents; but the value of the
properties already received under the decree of annulment or absolute nullity
shall be considered as advances on their legitime.
Registration
of final judgment of annulment or declaration of absolute nullity
The judgment of annulment or of absolute nullity of the
marriage, the partition and distribution of the properties of the spouses and
the delivery of the children's presumptive legitimes shall be recorded in the
appropriate civil registry and registries of property; otherwise, the same
shall not affect third persons.
Effects
of subsequent marriage without registration of final judgment
Either of the former spouses may marry again after compliance
with the requirements of the immediately preceding Article; otherwise, the
subsequent marriage shall be null and void.
Legitimacy
of children of voidable or void marriages
Children conceived or born before the judgment of annulment
or absolute nullity of the marriage under Article 36 has become final and
executory shall be considered legitimate. Children conceived or born of the
subsequent marriage under Article 53 shall likewise be legitimate.
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