Article 50. The effects provided for in paragraphs (2), (3), (4), and (5) of Article 43 and 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 shall provide for the liquidation, partition, and distribution of the properties of the spouses, the custody and support of the common children, and the delivery of their presumptive legitimes, unless such matters had been adjudicated in previous judicial proceedings.
All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation
In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated in accordance with the provisions of Articles 102 and 129.
Article 51. In said partition, the value of the presumptive legitimes of all common children, computed as of the date of the final judgment 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 or their guardian, or the trustee of their property, may ask for the enforcement of the judgment.
The delivery of the presumptive legitimes herein 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 on their legitime.
The effects provided for in paragraphs (2), (3), (4), and (5) of Article 43 and 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.
Subsequent marriages that are void under Article 40
The absolute nullity of a previous marriage may be invoked for purposes or remarriage on the basis solely of a final judgment declaring such previous marriage void.
Article 40
In Domingo v. Court of Appeals et al., 44 SCAD 955, 226 SCRA 572, the Supreme settled that a declaration of the absolute nullity of marriage is required either as a cause of action or a ground for defense. When the absolute nullity of a previous marriage is being invoked for purposes of remarriage, the sole basis acceptable is the final judgment declaring the previous marriage.
The Family Law Revision Committee and the Civil Code Revision Committee took the position that parties shall not be allowed to assume that their marriage is void even if such be the fact, and must first secure a judicial declaration of nullity of the marriage before they can remarry.
The requirement is also for the protection of the spouse who remarries believing that his or her previous marriage is illegal and void. With the judicial declaration of nullity of his or her first marriage, the person who marries again cannot be charged with bigamy.
The declaration shall be registered with the local civil registrar and the liquidation, partition, and distribution of the properties shall also be registered in the proper registry of properties in accordance with Articles 52 and 53 of the Family Code.
A subsequent marriage will be void if the requirements are not fulfilled by the time a party remarries.
Voidable marriages under Article 45
A marriage may be annulled for any of the following causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;
(3) 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;
(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;
(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable.
Article 45
Both void and voidable marriages under Articles 43 and 44 respectively shall follow the rules for dissolution of properties laid down in paragraphs (2), (3), (4), and (5) of Article 43 and Article 44
legitime (legitima portio), also known as a forced share or legal right share, of a decedent's estate is that portion of the estate from which he cannot disinherit his children, or his parents, without sufficient legal cause
In the Civil Code of the Philippines, the legitime is given to and/or shared by the compulsory heirs of the decedent.If the marriage is void ab initio, there is no conjugal property, the provisions of Articles 147 and 148 on special rules of co-ownership shall be applied. A subsequent void marriage is exempted from this rule and the effects of the paragraph 2,3,4,5 of Article 43 and 44 shall apply.
Presumptive legitime –
Related Articles:
Article 102
Article 129