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The difference between a VOID marriage and a VOIDABLE marriage

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b_9904


Prision Correccional
How would you distinguish between the manner of attacking a void from that of a voidable marriage?

A voidable marriage cannot be assailed collaterally except in a direct proceeding while a void marriage can be attacked collaterally. Consequently, a void marriage can be questioned even after the death of either party but a voidable marriage can be assailed only during the lifetime of the parties and not after the death of either, in which case the parties and their offspring will be left as if the marriage had been perfectly valid. (Citing In re: Conza’s Estate, 176 Phil. 192). A void marriage confers no legal rights upon the parties, as though no marriage had even taken place. Thus, its invalidity can be maintained in any proceeding in which the fact of marriage may be material, either direct or collateral, in any civil court between any parties at anytime, whether before or after the death of either or both the husband and the wife, and upon mere proof of the facts rendering such marriage void, it will be disregarded or treated as non-existent by the courts. It is not like a voidable marriage which cannot be collaterally attacked except in direct proceeding instituted during the lifetime of the parties so that upon the death of either, the marriage cannot be impeached and is made good ab initio. (Niñal, et al. vs. Bayadog, supra.).

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bbugoy


Arresto Mayor
thank you po sir. Dagdagan ko lang po. post ka pa ng ibang doctrines para ma retain sa utak ko hehe

As to nature
VOID - Inexistent from the time of performance
VOIDABLE - Valid until annulled

As to susceptibility to ratification
VOID - Cannot be ratified
VOIDABLE -Can be ratified either by free cohabitation or prescription

As to effect on property
VOID - No community property, only co-ownership (Art147)
VOIDABLE - Absolute community exists unless another system isagreed upon in marriage settlement

As to effect on children
VOID - Children are illegitimate
Exceptions:
a. In case of psycho incapacity (Art 36)
b. Children born of subsequent marriage (Art 53
VOIDABLE - Children are legitimate if conceived before decree of
annulment

As to how marriage maybe impugned
VOID -
a. May be attacked directly or collaterally but for purpose of remarriage, there must be judicial declaration of nullity.
b. Can still be impugned even after death of parties
c. Action for nullity does not prescribe
VOIDABLE -
a. Cannot be attacked collaterally, only directly, i.e. there must be a decree of annulment
b. Can no longer be impugned after death of one of theparties
c. Action prescribes

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b_9904


Prision Correccional
^salamat sa pag share ng info tol

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anne


Arresto Menor
hi.. why psychological incapacity is a ground for a void marriage while insanity is only a ground for a voidable marriage? di ba mas mbigat ung insanity?hehehe help!

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anne


Arresto Menor
may nagpost na po ba ng mp3 format ng philippine constitution at family code? e revise penal code... mas tumatatak kc sa utak pag naririning lagi db?hehehe paran music narin.. Question Rolling Eyes

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anne


Arresto Menor
Laughing

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b_9904


Prision Correccional
woah, may nagpost pala dito.

hehehe that means tagal kong nawala dito a.

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anne_chung


Arresto Menor
eh paano naman po kung nalaman mo na tita mo pala ang pinakasalan mo at itinago ito ng pamilya sayo, ito ba ay wala ng bisa o kailangan pang mag file ng legal actions para mailegalized ang pag void nito? salamat po

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