1. Effects of Annulment of Marriage a. Re-marriage Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void. Related provision: Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition and…
1. Procedure for Annulment of a Voidable Marriage a. Who may file; Prescription Art. 47. The action for annulment of marriage must be filed by the following persons and within the periods indicated herein: (1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his…
1. Concept Revoke – means “to annul by recalling or taking back”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/revoke [Accessed: 17 April 2025]) 2. Effects of Decree of Legal Separation, A63-64 Family Code 1) Live separately, but marriage bonds not severed Art. 63. The decree of legal separation shall have the following effects: (1) The spouses shall…
1. Concept Reconciling – means “to restore to friendship or harmony”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/reconciling [Accessed: 17 April 2025]) 2. Procedural a. Joint Manifestation Art. 65. If the spouses should reconcile, a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation….
1. Procedural a. Cooling-off period: 6 months Art. 58. An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition. (103) (E.O. 209 [s. 1987], Family Code) 1) 6-month cooling off period – in the context of legal separation, refers to the mandatory…
1. Concept Prescription – refers to a claim having prescribed, which means that the claim is “invalid or unenforceable” (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/prescribe [Accessed: 18 April 2025]) 2. Prescription Art. 56. The petition for legal separation shall be denied on any of the following grounds: x x x (6) Where the action is barred…
1. Concept Collusion – • … refers to a “secret agreement or cooperation especially for an illegal or deceitful purpose”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/collusion [Accessed: 17 April 2025]) • … in divorce or legal separation means the agreement… “between husband and wife for one of them to commit, or to appear to commit, or…
1. Concept In pari delicto– is “Latin for ‘in equal fault”in equal fault,’ in pari delicto connotes that two or more people are at fault or are guilty…” (Constantino v. Heirs of Pedro Constantino, Jr., G.R. No. 181508, October 2, 2013, Per Perez, J.) 2. Mutually at fault or in pari delicto Art. 56. The…
1. Concept Connivance – refers to “the act of conniving”, which means “to cooperate secretly or have a secret understanding” (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/conniving [Accessed: 17 April 2025]) 2. Connivance Art. 56. The petition for legal separation shall be denied on any of the following grounds: x x x (3) Where there is connivance…
1. Concept Consent – means “to give assent or approval”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/consent [Accessed: 18 April 2025]) 2. Consent Art. 56. The petition for legal separation shall be denied on any of the following grounds: x x x (2) Where the aggrieved party has consented to the commission of the offense or act…