8/3/2019 EFFECTS OF DECLARATION OF NULLITY pdf

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EFFECTS OF DECLARATION OF NULLITY, ANNULMENT, AND LEGAL SEPARATION

LEP Notes by Atty. Judy A. Lardizabal, San Sebastian College of Law

Declaration of Nullity Annulment Legal Separation

Status of Childrenborn or conceivedbefore the decree

Illegitimate since marriage is void ab initio

Except: Art 54, referring to Arts 36 and 53(See also Art 43 in relation to termination of subsequent marriage

under Art 42, although said marriage is not void)

Legitimate since marriage is valid untilannulled

Legitimate, whether born/conceived before orafter the decree since spouses are still married

Property Relations * Governed by rules on co-ownership, either Arts. 147 or 148* Reqs. or Art 147 to apply:1. The man and woman are capacitated to marry each other;2. The live exclusively with each other as husband and wife; and3. Their union is without the benefit of marriage, or their marriage isvoid.* In the absence of any of the requisites, Art 148 will apply* Liquidation of co-ownership is in accordance with Civil Codeprovisions.* Art 147, guilty partys share in the co-ownership is forfeited infavor of common children/descendants of the guilty party/innocentparty.* Art 148, if guilty spouse is married, share in the co -ownership isforfeited in favor of the ACP/CPG of the valid marriage; if the party in bad faith is not married, share in the co-ownership is forfeited infavor of common children/descendants of the guilty party /innocentparty.

Art 50; Art 43 (2): If marriage is void under Art 40, propertyrelations is governed either by absolute community ofproperty or conjugal partnership of gains, unless the partiesagree to a complete separation of property in a marriagesettlement entered into before marriage. (Dio vs. Dio, GR178044, January 19, 2011)

Guilty spouse forfeits share in the net profits in favor ofcommon children/descendants of the guilty party/innocentparty

Liquidation in accordance with Arts.102 or129, see also 137Family Code.

Art 50; Art 43 (2): Property relations aregoverned either by absolute community ofproperty or conjugal partnership of gains,unless the parties agree to a completeseparation of property in a marriage settlemententered into before marriage. (Dio vs. Dio,GR 178044, January 19, 2011)

* Guilty spouse forfeits share in net profits infavor of common children/descendants of theguilty party/innocent party

*Liquidation in accordance with Arts. 102 0r129, see also 137 Family Code.

*Absolute community of property or conjugalpartnership of gains or any other propertyregime agreed upon in the marriage settlement.

* Art 63 (2) Guilty spouse forfeits share in netprofits in favor of commonchildren/descendants of the guiltyparty/innocent party

*Liquidation in accordance with Arts. 102 0r129, see also 137 Family Code.

Donations propternuptias

*Art 86 (1), it is revocable [valid but may be revoked] regardless ofgood faith or bad faith of the donee.

*Art 86 (3), it is revocable if donee acted inbad faith

*Art 64, it is revocable at the instance of theinnocent spouse; after finality of decree of

8/3/2019 EFFECTS OF DECLARATION OF NULLITY pdf

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*Requires judicial decree that marriage is void

If marriage is void underArt 40, it is still revocable [valid butmay be revoked] following Art 86 (1);

Art 50; Art 43 (3): However, if donee acted in bad faith,donation is revoked by operation of law.

*In conflict with Art 50; Art 43 (3), donationis revoked by operation of law if donee actedin bad faith.* Requires annulment decree

In both Art 43 and 86, if donee actedin good faith, donation is perfectly

VALID and not revocable.

* Art 86 (2): However, if ground is thatmarriage was celebrated without parentalconsent required by law, donation isrevocableregardless of good faith or bad faith of thedonee, and even before decree of annulment.

legal separation, the innocent spouse mayrevoke the donation made by him/her in favorof the offending spouse.

*Art 86 (6), revocable at the instance of thedonor, regardless of who the donor is, providedthedonee is the guilty spouse.

* Requires decree of legal separation

Designation of thespouse in bad faith asbeneficiary in anyinsurance policy

Art 50; Art 43 (4): If marriage is void under Article 40, innocentspouse has the choice of revoking or maintaining as beneficiary in theinsurance policy the other spouse who acted in bad faith. If theinnocent spouse opts to revoke, he/she can do so even if thedesignation is irrevocable.

Art 50; Art 43 (4): Innocent spouse has thechoice of revoking or maintaining asbeneficiary in the insurance policy the otherspouse who acted in bad faith. If the innocentspouse opts to revoke, he/she can do so even ifthe designation is irrevocable.

Art 64: Innocent spouse has the choice ofrevoking or maintaining as beneficiary in theinsurance policy the other spouse who acted inbad faith. If the innocent spouse opts torevoke, he/she can do so even if thedesignation is irrevocable.

Capacity of the spousein bad faith to inheritby testate or intestatesuccession

Art 50; Art 43 (5): If marriage is void under Article 40, spouse in badfaith is disqualified to inherit from the innocent spouse by testate andintestate succession.

Art 50; Art 43 (5): Spouse in bad faith isdisqualified to inherit from the innocent spouseby testate and intestate succession.

Art 63 (4): Offending spouse shall bedisqualified from inheriting from the innocentspouse by intestate succession.

Art 63 (4): Provisions in favor of the offendingspouse made in the will of the innocent spouseshall be revoked by operation of law.

* Note that the offending spouse is notdisqualified to inherit by TESTATEsuccession. Hence, the innocent spouse maystill name the offending spouse as beneficiaryin a will executed after decree of legalseparation (previous provisions in the will in

favor of the offending spouse have beenrevoked by operation of law)