Tag Archives: annulment

Reconciliation of the Spouses in Legal Separation Cases

Leave a reply | Related posts at the end of article

The Family Code explicitly provides that no legal separation may be decreed unless the court has taken steps toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable (Article 59). Reconciliation, therefore, is highly encouraged. The spouses may reconcile even when the petition for legal separation is pending or when a favorable judgment has been issued (see Procedure / Steps in Legal Separation Cases). In case of reconciliation, the spouses must file a joint manifestation, duly signed and under oath, in the same proceeding for legal separation.

Continue reading →

Marriages Exempted from Marriage License Requirement

Leave a reply | Related posts at the end of article

A marriage license is issued by the local civil registrar of the city or municipality where either contracting party habitually resides (Article 9, Family Code). A marriage license is a a formal requisite of marriage (see Essential and Formal Requites of Marriage), without which the marriage is considered void from the beginning (see Grounds for Declaration of Nullity of Marriage). However, a marriage license is not required in certain instances, as follows:

Continue reading →

Essential and Formal Requisites of Marriage

Leave a reply | Related posts at the end of article

Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by the Family Code.

Continue reading →

Grounds for Annulment of Marriage in the Philippines

Leave a reply | Related posts at the end of article

Annulment and declaration of nullity are used interchangeably by lay persons, but these two concepts are different. Annulment refers to a marriage that is valid until annulled by a court, while declaration of nullity refers to a marriage which is void from the very beginning. There are separate grounds for annulment of marriage (enumerated below), declaration of nullity of marriage, and legal separation.

Continue reading →

Summary on Recognition of Foreign Divorce Decree (Including a Divorce Decree Secured by the Filipino Spouse) in the Philippines

4 Replies | Related posts at the end of article

“Is my divorce valid in the Philippines?” In reply to this common query, we usually point to the previous articles in this Forum or politely state that we can only give legal information, as legal advice is for clients only. However, given the changing jurisprudence on the matter, we find it helpful to summarize the evolution of the rules regarding the recognition of a foreign divorce decree in the Philippines.

Continue reading →

The “Relaxation” of Rules in Declaration of Nullity of Marriage Based on Psychological Incapacity

16 Replies | Related posts at the end of article

“SC relaxes rules on psychological incapacity as ground to annul marriages,” says the news title in a popular newspaper. While the news article does not mention the title of the case, it’s clearly abundant that it refers to the 2015 case of Valerio E. Kalaw vs. Ma. Elena Fernandez (G.R. No. 166357, 14 January 2015). Did the Supreme Court, in the case of Kalaw, “relax” the rules on petitions for declaration of nullity of marriage based on psychological incapacity? Let’s discuss this question and, at the same time, highlight ten matters that may be of interest to those seeking answers.  

Continue reading →

Valerio E. Kalaw vs. Ma. Elena Fernandez (G.R. No. 166357, 14 January 2015)

2 Replies | Related posts at the end of article

[This is the full text of the Supreme Court’s Resolution in the case of Valerio E. Kalaw vs. Ma. Elena Fernandez, G.R. No. 166357, 14 January 2015, with Justice Bersamin as ponente. This is reproduced for academic reasons, for those who seek a more thorough understanding of the case. See also: The “Relaxation” of Rules in Declaration of Nullity of Marriage Based on Psychological Incapacity.]

Continue reading →