MARRIAGE MIND MAP

45

50= (2),(3),(4),(5) OF 43

ART.50 (2) ABSOLUTE COMMUNITY OF PROPERTY/ CONJUGAL PARTNERSHIP

-DISSOLVED AND LIQUIDATED

129

102

(5)

(8)

PRESUMPTIVE LEGITIMES DELIVERED UPON PARTITION IN

51

-DELIVERED IN CASH, PROPERTY, SOUND SECURITIES UNLESS PARTIES PROVIDED OTHERWISE

MARRIAGE MIND MAPPING

VOID GENERALLY

MARRIAGE

VOID

AD INITIO

1) SPECIAL TYPE OF CO-OWNERSHIP

147

148

36

37

4

INCESTUOUS

PSYCHOLOGICAL

INCAPACITY

ABSENCE OF ANY

ESSENTIAL OR FORMAL

REQUISITES

35

• BELOW 18
• ILLEGALLY SOLEMNIZED
• NO MARRIAGE LICENSE

• BIGAMOUS/POLYGAMOUS
• MISTAKE IN IDENTITY
• SUBSEQUENT VOID MARRIAGE UNDER 53--> DOES NOT COMPLY WITH 52

APPLY TO PROPER CASES OF ARTICLES

1) OBTAINED BY FOREIGNER

2) FILED BY FOREIGNER

3) LAW ALLOWS BOTH PARTIES TO REMARRY

4) FOREIGNER MUST FILE PETITION OF DIVORCE

38

40

41

AGAINST PUBLIC

POLICY

LACK OF JUDICIAL

DECLARATION

LACK OF PRESUMPTIVE DEATH

40

COURT

2) DISSOLVED UNDER RULES OF CO-OWNERSHIP UNDER 147 AND 148

• VALDEZ V RTC-->BASED ON PSYCH INCAPACITY
• CONJUGAL HOME IS EQUALLY OWNED

ACTED IN BAD FAITH

53

44

DOES NOT COMPLY WITH

52--> RECORDING IN LCR

ABSOLUTE DIVORCE 26(2)

ANNULMENT

COURT

-DIVORCE OF FOREIGN CITIZEN ABROAD IS RECOGNIZED IN THE PHILIPPINES BECAUSE PH RECOGNIZES LEGAL CAPACITY

COURT

NULLITY

WITHOUT JUDICIAL

DECLARATION

OF MARRIAGE

-SUBSEQUENT MARRIAGE CONSIDERED VOID

• CUSTODY/ VISITATION RIGHTS
• PROPERTY LIQUIDATION/ PARTITION

AFFIDAVIT OF

REAPPEARANCE

NO COURT

• FILE WITH LCR
• NO COURT

Essential Requisites

41

42

LACK OF

DECLARATION

OF PRESUMPTIVE

DEATH

SUB MARRIAGE IN 41 WILL BE AUTOMATICALLY TERMINATED BY RECORDING OF AFFIDAVIT OF reappearance OF ABSENT SPOUSE

INFIRMITY

VOIDABLE

DEFECTS

45

1. Legal Capacity

VOIDABLE MARRIAGES

4 WAYS TO TERMINATE A MARRIAGE

3 TERMINAL DOCUMENTS

• Not a Minor
• Not Bigamous/Polygamous
• Not Incestuous
• Not Against Public Policy
• Exception to Legal Capacity
• Nationality Rule
• Family, Rights, Duties, or to Status, Conditions, and LC of Persons are Binding upon Pinoys even those abroad.

MARRIAGE MAY BE ANNULLED FOR

FOLLOWING REASONS

1. JUDICIAL ENTRY

2. FINAL JUDGMENT

3. JUDICIAL DECREE OF JUDGMENT

• IMPOTENCY
• STD

• NO PARENTAL CONSENT
• INSANITY
• FRAUD
• VITIATED CONSENT

INCURABLE

FREELY COHABITATED

AS HUSBAND AND WIFE

2. Consent

Expressed In

4

-Absence of Essential/Formal Requisites= Void

35

• Bigamous/Polygamous
• Mistake In identity
• Subsequent Void Under 53

• Below 18
• Illegally Solemnized
• No Marriage License

-Incestuous

ABSENCE

37

38

36

-Against

Public Policy

-Psychologically

Incapacitated

VOID

AD

INITIO

41

40

44

-Lack of Declaration

Of Presumptive Death

-Lack of Judicial

Declaration

-If Both Spouses in

Subsequent Marriage

Acted In Bad Faith

53

-If PARTIES DO NOT COMPLY

with Requirments of 52.

Effect of NON-COMPLIANCE OF 52

52 is Necessary TO

52

Recording in LCR and Registry of Property of Judgement of Anullment/Nullity, and Delivery of Presumptive Legitime.

1) BIND 3rd Persons

2) Validly Contract Subsequent Marriage

1)3RD Persons Not Bound

2)Any Subsequent=Null/Void

3)Non-Issuance of Decree of Nullity/Annulment

• Permanent Union-

Man&Woman

Formal Requisites

• Consequences

Governed by Law

1. Authorized Solemnizing Officer

INFIRMITY

EXCEPTION: PARTIES BELIEVED IN GOOD FAITH THAT SOLEMNIZING OFFICER HAD AUTHORITY. (15CC)

• Judges
• Priests/Iman/Rabbi
• Ship Captain/Air Chief

• Military Commander
• Mayor (1/1/92)
• Consul, Consul-Gen, Vice Consul

• Properties Governed

By Marriage Settlement

IRREGULARITY

2. Valid Marriage License

VALID

• Issued by LCR
• Valid for 120 days
• Effective in Any Part of the Philippines

EXCEPTION:

• Articulo Mortis (27)
• No Means of Transpo&Far Away (28)
• Muslim, Autonomous Cordillera, Ethnic (33)
• Cohabitation of at Least 5 years

3. Marriage Ceremony

LIABLE TO ADMINISTRATIVE CIVIL AND CRIMINAL SANCTIONS

• minimum req.
• Appear Personally before the Solemnizing Officer
• Declare each other as HUSBAND AND WIFE
• At least 2 Legal Age Witnesses-->Lack of 2= Irregularity, Marriage Still Valid

BECAUSE OF INTERNATIONAL COMMITY

MARRIAGE WILL BE

INVALID

VALID

1) SAME SEX

2) COMMON LAW

35

• Below 18
• Illegally Solemnized
• No Marriage License

• Bigamous/Polygamous
• Mistake In identity
• Subsequent Void Under 53

1) MARRIAGE ABROAD

2) MARRIAGE MUST BE SOLEMNIZED/CELEBRATED IN ACCORDANCE WITH COUNTRY'S LAWS

36

-Psychologically

Incapacitated

38

-Against

Public Policy

37

-Incestuous