Effects of Void Marriages, Voidable Marriages, and Legal Separation

Flashcards summarizing the comparative effects of Void Marriages, Voidable Marriages, and Legal Separation on actions, property, children, donations, insurance, wife's surname, and succession under the Family Code and relevant case law.

When can an action be tried to assail a void marriage?

Anytime, since a void marriage has no legal effect and may be assailed at any time.

What is the prescription period for filing an action for legal separation?

Within 5 years of discovery of cause. — Art 57

Under Article 49, what provisions must the Court make during the pendency of an action for a voidable marriage?

The Court shall provide for the support of the spouses, the custody and support of their common children (giving paramount consideration to their moral and material welfare), and appropriate visitation rights to the other parent.

Under Article 61, what living and administrative arrangements apply after filing for legal separation?

The spouses are entitled to live separately. If there is no written agreement, the court shall designate either spouse or a third person to administer the ACP or CPG with the powers and duties of a guardian under the Rules of Court.

How is property owned during a void marriage under Article 147 when both parties are capacitated to marry and live exclusively as husband and wife?

Property acquired during the cohabitation is presumed obtained by joint work and is owned in equal shares.

What happens to a spouse's share of acquired property under Article 147 if they acted in bad faith?

Their entire share is forfeited in favor of the common children.

What doctrine regarding property regimes in void marriages was established in Nicdao-Carino V Yee-Carino?

A void marriage never existed, so there is no ACP/CPG to separate.

How are presumptive legitimes delivered to children under Article 51 in a voidable marriage?

They are delivered to the children in cash, stable securities, or property.

What is the general status of children in a void marriage, and what is the exception under Article 54?

They are made illegitimate because there was no marriage; however, children born before the declaration of absolute nullity under Art. 36 or Art. 53 are legitimate.

What is the status of children in a voidable marriage under Article 54?

Children conceived or born before the judgment of annulment are considered legitimate.

Under Article 213, how is parental authority exercised in cases of separation, and what specific consideration is given to older children?

Parental authority is exercised by the parent designated by the Court, which shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit.

What happens to donations by reason of marriage in a voidable marriage under Article 43(3)?

Donations remain valid, except that if the donee contracted the marriage in bad faith, such donations are revoked by operation of law.

What rule governs the revocation of donations in legal separation under AM. 02-11-11 Section 22?

Within 5 years, an innocent spouse may file a petition under oath for a proceeding for legal separation to revoke the donations in favor of the offending spouse.

In cases of legal separation or voidable marriage, can an innocent spouse revoke the designation of an offending or bad-faith spouse as an insurance beneficiary if it was stipulated as irrevocable?

Yes, the innocent spouse may revoke the designation of the offending spouse as a beneficiary in any insurance policy even if such designation was stipulated as irrevocable.

What must a wife do regarding her surname if her marriage is void?

She has to revert back to her maiden name.

Under Article 371, what happens to the wife's surname upon annulment of marriage depending on whether she is the guilty or innocent spouse?

If she is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may resume her maiden name and surname, or choose to continue employing her former husband's surname (unless restricted).

What surname rule applies to a wife when legal separation has been granted under Article 372?

The wife shall continue using her name and surname employed before the legal separation.

What three choices does a married woman have regarding her surname under ARTICLE 370?

(1) Her maiden first name and surname and add her husband's surname, (2) Her maiden first name and her husband's surname, or (3) Her husband's full name, but prefixing a word indicating that she is his wife, such as 'Mrs.'

How does bad faith in a subsequent voidable marriage affect succession rights under Article 43(5)?

The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession.

What are the effects of a decree of legal separation on succession under Article 63(4)?

The offending spouse is disqualified from inheriting from the innocent spouse by intestate succession, and provisions in favor of the offending spouse made in the will of the innocent spouse are revoked by operation of law.