marriages between the following are incestuousand void from the beginning whether the relationship between the parties be legitimate or illegitimate

between ascendants and descendants of any degree and between brothers and sisters whether of the full or half blood

incest is the carnal relationship between a man and a woman in the degree within which marriage is prohibited by law such as relationship and their offspring is also called incestuous

the following marriages should be void from beginning for reasons of public policy

between collateral blood relatives whether legitimate or legitimate up to the fourth civil degree between step parents and step childrens between parents in law and children in law between the adopting parent and adopted child

between the surviving spouse of the adapting parent and the adapted child between an adopted child and a legitimate child of the adapter between the adopted children of the same adapted and between parties where one with the intention to married other killed that other person spouse or his or her own spouse

family code enumerates the marriages which are void from the beginning for being contrary to public policy merly enumerates those marriages which the law considers as against public policy

the action or defense for the declaration of absolute nullity of a marriage shall not be prescribed as amended by ra 85 33 approved february 23 1998

erican syllable differences not psychological in capacity explained eric concealable differences between spouses is not a ground for petition for nullity of marriage according to the supreme court erican syllable differences and conflicting personalities in no wise constitutes psychological incapacity

the absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void

family code provides for the possibility of invoking the nality of a previous marriage for purposes of remarriage of a previously married person

a marriage contracted by any person during the subsistence of a previous marriage shall be null and void unless before the celebration of the subsequent marriage the prior spouses had well founded belief that the absence spouse was already dead

in case of disappearance where there is danger of that under the circumstances set forth in the provision of article 39 1 of the civil code an absence of only two years shall be sufficient

for the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute the summary proceeding as provided in this code for the declaration of presumptive death of the absente without prejudice to the effect of reappearance of the absence spouse

family code gives the effect of a marriage contracted during the subsistence of a previous valid marriage

if during the subsistence of a valid marriage another marriage is contracted by a spouse the same shall be null and void and last one before the new marriage the spouse contracting a new marriage has well founded belief that the absence spouse was already dead and 2 in case of disappearance there must be a danger of death on the absence spouse in the latter situation a card proceeding for declaration of presumptive that is required it may be done after an absence of only two years without prejudice to the affect of the appearance of the absence spouse

the subsequent marriage referred to in the preceding article shall be automatically terminated by the recording of the affidavit of reappearance of the absence spouse unless there is a judgement annoying the previous marriage or declaring it void ab initio

a sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residents of the parties to the subsequent marriage at the instance of any interested person with do notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed

family code gives the effect of recording of an affidavit of reappearance of the declared absence spouse

the new marriage show automatically be terminated

the termination of the subsequent marriage referred to in the preceding article shall produce the following effects

the children of the subsequent marriage conceived prior to its termination should be considered legitimate and their custody and support in case of dispute shall be decided by the court in a proper proceeding

the absolute community of property or the conjugal partnership as the case may be shall be dissolved and liquidated but if either response contracted sad marriage in bad faith his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or if there are none none the children of the guilty spouse by a previous marriage or in default of children the innocent spouse

donations by reason of marriage shall remain valid except that if the done contracted the marriage in bad faith such the nation made to said done are revoked of operation of law

the innocence spouse may revolt the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy if such designation be stipulated as irrevocable

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

the effects of the termination of a subsequent marriage being all against the law are similar to other marriages which are also considered as void from the beginning under article 35

if both spouses of the subsequent marriage acted in bad faith said marriage will be void ab initial and all the nations by reason of marriage and testamentary dispositions made by one in favor of the other a revoked by operation of law

gives the effect of contracting a subsequent marriage if the parties there to has acted in bad faith

all the nations by reason of marriage and testamentary dispositions made by one in favor of the other revoked by operation of law because as if there was no subsequent marriage at all the same being void from the beginning

a marriage may be annulled for any of the following causes existing at the time of the marriage

that the party in whose behalf it is sought to have the marriage annulled was 18 years of age or over but below 21 and the marriage was solemnized without the concept of the parents guardians or person having substitute parental authority over the party in that order unless after attaining the age of 21 such party freely cohabited with the other and both live together as husband and wife

that either party was of unsound mind unless such party after coming to reason freely cohabited with the other as husband and wife

that the consent of either party was obtained by fraud unless such party afterwards with full knowledge of the facts constituting the fraud freely cohabited with the other as husband and wife

that the consent of either party was obtained by force intimidation or undue influence unless the same having disappeared or ceased such party there after freely cohabited with the other as husband and wife

that either party was physically incapable of the consummating the marriage with the other and such in capacity continuous and appears to be incurable

that either party was afflicted with a sexually transmissible disease found to be serious in the fierce to be incurable

family code enumerates the grounds for annulment of marriage at the time of existence thereof

any of the following circumstances shall constitute fraud referred to a number three of the preceding article

no disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude concealment by the wife of the fact that at the time of the marriage she was pregnant by a man other than her husband concealment of a sexually transmissible disease regarding of its nature existing at the time of the marriage concealment of a drug addiction habitual alcoholism or homosexually or lesbianism existing at the time of the marriage

no other misinterpretation or deceit as to character health rank fortune or chastity show constitute such fraud as well give grounds for action for the annulment of marriage

aside from the foregoing no other misinterpretation or deceit as to character health rank fortune or chastity show constitute fraud as will give grounds for annulment of marriage

the action for annulment of marriage must be filed by the following persons and within the periods indicated here in

for causes mentioned in number one article 45 by the party whose present or guardian did not give his or her consent within 5 years after attaining the age of 21 or by the parent of guardian or person having legal charge of the minor at any time before such party has reached the age of 21

four causes mentioned in number two of article 45 by the sae spouse who had no knowledge of the other insanity or by any relative guardian or person having legal charge of the insane at may anytime before the death of either party or by the insane spouse during a lucid interval or after regaining sanity

four causes mentioned in number three of article 45 by the injured party within 5 years after the discovery of the fraud

four causes mentioned in number four of article 45 by the injured party within 5 years from the time the force intimidation or and you influence disappeared or ceased

for causes mentioned in number five and six of article 45 by the injured party within 5 years after the marriage family code enumerates the persons and in what period they can file an action for annulment of marriage

the periods mentioned and by whom filed has reference to article 45

in all cases of annulment are declaration of absolute nullity of marriage the court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the state to take steps to prevent collusion between the parties and to take cases that evidence is not fabricated or suppressed

in the cases referred to into preceding paragraph no judgement shall be based upon a stipulation of facts or confession or judgment

family code requires appearance for the state of the prosecuting attorney or fiscal

that is to see to it that there is no collision between the parties more over no judgement based on stipulation of facts shall be allowed

during dependency of the action and in the absence of adequate provisions in a written agreement between the spouse the court shall provide for the support of the spouses and the custody and support of their common children

the court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided for entitle four it shall also provided for appropriate visitation rights of the other parents

provides for support of spouses and custody and support of the common children

provisions for support of the spouse custody and support of the common children should be provided by the court during pregnancy of the annulment proceedings in the absence of a written agreement the moral and material welfare of the children and their choice of which parent to remain shall be of paramount court consideration

the effects provided for in paragraph 2 3 4 and 5 of article 43 and in article 44 shall also apply in proper cases to marriages which are declared void ab initio or annulled by final judgment under articles 40 and 45

the final judgment in such cases show provide for the liquidation partition and distribution of the properties of the spouses the custodian support of the common children and the delivery of the presumptive legitimate unless such matters had been adjudicated in previous judicial proceedings

all creditors of the spouses as well as of the absolute community are the conjugal partnership shall be notified of the preceding for liquidation

in the partition the conjugal dwelling and a lot in which it is situated shall be adjudicated in accordance with the provision of article 102 and 129

provides for the application of pertinent provisions of article 43 and 44 in proper cases declared void of initial or annulled by final judgment in article 40 to 45

final judgement in marriage declared void of initio or annulled by final judgement shall provide for the liquidation partition distribution of the properties of the spouse custody and support of the common children and delivery of presumptive legitimes unless previously settled

and said partition the value of the presumptive legitimist of all come children computed as of the date of the final judgement of the trial court shall be delivered in cash property or sound securities unless the parties by mutual agreement judicially approved had already provided for such matters

the children are their guardian or the trusty of their property may ask for the enforcement of the judgement

the delivery of the presumptive religious here in prescribed shall in no way prejudice the ultimate successional rights of the children accruing upon the death of either or both of the parents but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advances under legitimate

provides for liquidation of the presumptive legitimist of all common children

it shall be delivered in cash properties sound securities however ultimate successional rights shall be prejudiced the legitimes distributed shall be considered advances

the judgement of annulment of absolute nullity of the marriage the partition and distribution of the properties of the spouses and the delivery of the children's presumptive legitimes should be recorded in the appropriate civil registry and registries of property otherwise the same shall not affect third persons

provides for recording in civil registries of the matters stated there in to affect third person explain

matters to be recorded in civil registry of properties are judgement of annulment or absolute nality of marriage partition and distribution of properties of the spouses and the delivery of the legitimes of the children children presumptive legitimes otherwise they shall not affect third person

either of the former spouse may marry again after complying with the requirements of the immediately preceding article otherwise the subsequent marriage should be a null and void

requires compliance with the recording of matters provided in article 52 before marriage

to avoid future complications article 53 family code requires compliance with article 52 before remarriage of a former spouse

children conceived or born before the judgment or annulment or absolute nullity of the marriage under article 36 has become final and executor shall be considered legitimate. children conceived or born of the subsequent marriage under article 53 shall likewise be legitimate

presumes the legitimacy of the children born before judgement of annulment or absolute nullity of marriage

children born are conceived before final executor judgement of annulment or absolute nality of marriage under article 36 are considered legitimate children conceived or born of the subsequent marriage are presumed legitimate