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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 Children

born or conceived

before 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 until

annulled

Legitimate, whether born/conceived before or

after 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; and

3. Their union is without the benefit of marriage, or their marriage is

void.

* In the absence of any of the requisites, Art 148 will apply

* Liquidation of co-ownership is in accordance with Civil Code

provisions.

* Art 147, guilty partys share in the co-ownership is forfeited in

favor of common children/descendants of the guilty party/innocent

party.

* Art 148, if guilty spouse is married, share in the co-ownership is

forfeited 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 in

favor of common children/descendants of the guilty party /innocent

party.

Art 50; Art 43 (2): If marriage is void underArt 40, propertyrelations is governed either by absolute community of

property or conjugal partnership of gains, unless the parties

agree to a complete separation of property in a marriage

settlement entered into before marriage. (Dio vs. Dio, GR

178044, January 19, 2011)

Guilty spouse forfeits share in the net profits in favor of

common children/descendants of the guilty party/innocent

party

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

Art 50; Art 43 (2): Property relations are

governed either by absolute community of

property or conjugal partnership of gains,

unless the parties agree to a complete

separation of property in a marriage settlement

entered into before marriage. (Dio vs. Dio,

GR 178044, January 19, 2011)

* Guilty spouse forfeits share in net profits in

favor of common children/descendants of the

guilty party/innocent party

*Liquidation in accordance with Arts. 102 0r

129, see also 137 Family Code.

*Absolute community of property or conjugal

partnership of gains or any other property

regime agreed upon in the marriage settlement.

* Art 63 (2) Guilty spouse forfeits share in net

profits in favor of common

children/descendants of the guilty

party/innocent party

*Liquidation in accordance with Arts. 102 0r

129, see also 137 Family Code.

Donations propter *Art 86 (1), it is revocable [valid but may be revoked] regardless of *Art 86 (3), it is revocable if donee acted in *Art 64, it is revocable at the instance of the

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nuptias good faith or bad faith of the donee.

*Requires judicial decree that marriage is void

If marriage is void underArt 40, it is still revocable [valid but

may 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.

bad faith

*In conflict with Art 50; Art 43 (3), donation

is revoked by operation of law if donee acted

in bad faith.

* Requires annulment decree

In both Art 43 and 86, if donee acted

in good faith, donation is perfectlyVALID and not revocable.

* Art 86 (2): However, if ground is that

marriage was celebrated without parental

consent required by law, donation is revocable

regardless of good faith or bad faith of the

donee, and even before decree of annulment.

innocent spouse; after finality of decree of

legal separation, the innocent spouse may

revoke the donation made by him/her in favor

of the offending spouse.

*Art 86 (6), revocable at the instance of the

donor, regardless of who the donor is, provided

the donee is the guilty spouse.

* Requires decree of legal separation

Designation of the

spouse in bad faith as

beneficiary in any

insurance policy

Art 50; Art 43 (4): If marriage is void underArticle 40, innocentspouse has the choice of revoking or maintaining as beneficiary in the

insurance policy the other spouse who acted in bad faith. If the

innocent spouse opts to revoke, he/she can do so even if the

designation is irrevocable.

Art 50; Art 43 (4): Innocent spouse has the

choice of revoking or maintaining as

beneficiary in the insurance policy the other

spouse who acted in bad faith. If the innocent

spouse opts to revoke, he/she can do so even if

the designation is irrevocable.

Art 64: Innocent spouse has the choice of

revoking or maintaining as beneficiary in the

insurance policy the other spouse who acted in

bad faith. If the innocent spouse opts to

revoke, he/she can do so even if the

designation is irrevocable.

Capacity of the spouse

in bad faith to inherit

by testate or intestate

succession

Art 50; Art 43 (5): If marriage is void underArticle 40, spouse in badfaith is disqualified to inherit from the innocent spouse by testate and

intestate succession.

Art 50; Art 43 (5): Spouse in bad faith is

disqualified to inherit from the innocent spouse

by testate and intestate succession.

Art 63 (4): Offending spouse shall be

disqualified from inheriting from the innocent

spouse by intestate succession.

Art 63 (4): Provisions in favor of the offending

spouse made in the will of the innocent spouse

shall be revoked by operation of law.

* Note that the offending spouse is not

disqualified to inherit by TESTATE

succession. Hence, the innocent spouse may

still name the offending spouse as beneficiary

in a will executed after decree of legal

separation (previous provisions in the will in

favor of the offending spouse have been

revoked by operation of law)

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