Bigamy- is a ground for dec CIVIL CODE PROVISION -ART 83 PAR 2 - VOIDABLE
of nullity of marriage MARRIAGE
-No need for judicial
Ilang klase ng bigamy nasa declaration of presumptive -SINO PWEDE MAG FILE
family code: death
87 PAR 2 - FILED BY SPOUSE
2 types ABSENT
-art 35 par 4 - valid or -Art. 83. Any marriage
voidable marriage ang subsequently contracted by
marriage contemplated. any person during the Civil code way to
Tapos there is subsequent lifetime of the first spouse of terminate is a final
marriage during the such person with any person
existence of a valid or other than such first spouse judgment by
voidable marriage shall be illegal and void from annulment
its performance, unless:
Hindi pa terminated pero
yung isa party nagpa kasal (1) The first marriage was -di mateterminate
na annulled or dissolved; or ng affidavit of
-traditional concept of (2) The first spouse had been reappearance
bigamy absent for seven consecutive
years at the time of the -sa civil code pwede
-148 existence of prior valid magpakasal in 3 isntances
second marriage without the
marriage is an impediment
spouse present having news 7 years absent yung spouse
EXCEPTION: of the absentee being alive,
or if the absentee, though Spouse present believed him
Art 41 he has been absent for less to be dead
If there will be subsequent than seven years, is
-FAMILY CODE: requirement
marriage by reason of generally considered as
of judicial declaration of
presumptive death dead and believed to be so
presumptive death
by the spouse present at the
Kelan inaapply FC and CIV
time of contracting such
subsequent marriage, or if ARTICLE 41
PRO the absentee is presumed
-nagpakal 1987 - civil code
dead according to Articles -applicable if
390 and 391. The marriage
FC- Enacted aug 3 1988
so contracted shall be valid subsequent
in any of the three cases
Principle: In determining the
validity of marriage the law
until declared null and void marriage is
by a competent court. (29a)
that should be applied is the
law existing/ in force at the
GROUND FOR ANNULMENT contracted
time of the marriage -reappearance of the nung effective
absentee spouse
presumptive death -may personality si Hannah
na family otherwise bigamous to file that petition FUIKI
CASE
code PAG DI APPROPRIATE ANG
AFFIDAVIT OF RE -JULIANO LLAVE VS
APPREARANCE REPUBLIC
-di void or
-IF DI NAMAN TALAGA -IN BIGAMY AGGRIEVED
bigamous ABSENT YUNG SPOUSE PARTY HAS PERSONALITY
TO FILE
yung marriage -RENDER THE SUBSEQUENT
MARRIAGE VOID - PAG NAG
kapag- FILE NG RE APPEARANCE
Anong mangyayari sa anak
-VALID
- children ng subsequent
2 laws sa marriage- is legitimate kasi
presumption of death conceived during the
ARTICLE 42 - EFFECT NG RE
subsistence of valid
391 civil code APPEARANCE- TERMINATE
marriage
THE SUBSEQUENT
Art 41- family code MARRIAGE -property regime- ACP,
CGP, CS
Kelan applicable ang -If the subsequent marriage
is void applicable ba ang - ANONG EFFECT NG SA
article 41 for the
affidavit of re appearance ?? PROP REGIME
purpose of remarriage
-kapag void ang marriage - properties shall be
ART 391 for purposes because there is no marriage liquidated
other than remarriage to speak off
-property regime shall also
nd
-succession -applicable lang if 2 be terminated
marriage is valid
-insurance - subject to liquidation
- you do not terminate a
-death benefits NET PROFITS
void marriage because it
does not exist -In favor of the children
-HAVE IT DECLARED VOID -contracted marriage in bad
ANONG REQUIREMENTS PAG
LANG faith
ANG PURPOSE AY FOR
REMARRIAGE QUESTION: BELGIRA -STATUS NG SECOND
MARRIED HANNAH TAPOS MARRIAGE IS VALID
ART 41 PAR 2
INIWAN SI HANAH FOR ANG
-If presumption of death is TAPOS NAG APPEAR SI -yet possible na one of the
for the purpose of HANNAH parties contracted it in bad
remarriage ART 41 OF THE faith
-PETITION FOR DECLARION
FC requires a judicial -pwede na both in bad
OF NULLITY OF MARRIAGE
declaration of of faith? Aapply ba 43 –
NOOO VOID ab initio ANG MAG AAPLY DIN ART 43 -
MARRIAGE SSS VS JARQUE
-property regime of art 40,
-basis is 44 KUNG NAGPA KITA LANG SI ART 50 OF FC- either
HANNAH absolute
Sa Art 43 valid is
community ,conjugal
terminated- even if yung isa - Walang effect
partnership of gains or
ay bad faith dapat mag file sya
complete separation,
-pwede ba sya yung spouse Pag namatay si belgira
present -NOOOO kasi ni
-anonng mangyayari sa 2nd
macocoply yung ART 41 ART 40
marriage-
-PAG ANG SPOUSE -KAHIT na void ang unang
-marriage is terminated
PRESENT AY BAD FAITH – kasal for purposes of
VOID ang subsequent -may estate si belgira sino remarriage that void
marriage - kasi di complied ang surviving sps- 2ND SPS marriage is deemed to be
yung 3 requisites sa art 41 subsisting marriage
-assume that ang contracted
-Sino yung spouse in BAD in bad faith- can ang inherit -only way to make the
FAITH- 2nd wife – valid yung from belgira - second marriage valid and
marriage kasi complied the contracting marriage be
yung art 41 ART 43 PAG RE free from the crime of
APPEARANCE bigamy is to seek a judicial
-Kelan pa applicable ang art
-AND JUDICIAL TERM OF declaration for the nullity of
43 aside from the
MARRIAGE LANG DI MAG marriage
termination of subsequent
marriage by reason of APPLY PAG REASON OF -dapat unang kasal ay void
recording of affidavit of re DEATH
-hindi pwedeng gawing na
appearance - defense na unang marriage
Ilan ang paraan para is void because that is the
materminate ang crime of bigamy as
subsequent valid Required period of absence perceived in art 40
marriage?? ART 83 OF CIVIL CODE
2 REMEDIES
-349- bigamy -criminal law
1. BY RECORDING OF -art 40 -prior marriage is void - before art 40 di sya
THE AFFIDAVIT OF ab initio, subsequent bigamous
RE APPEARANCE marriage is bigamous in the
2. JUDICIAL absence of judicial -sa civil code if that prior
DECLARATION OF declaration of absolute marriage is void that prior
DISSOLUTION OR nullity of void marriage marriage is treated a non
TERMINATION OF subsisting marriage for all
SUBSEQUENT purposes
MARRIAGE
-magkaiba property regime - even for purposes
nila contracting another marriage
-parang wala lang yung first
marriage pag void
-yung subsequest marriage
is treated as if sya yung first
-hindi pwede iapply ang art
40 pag ang marriage
contracted prior to the
implementation of family
code
-expost facto law- to make
an act done criminal when it
was innocently done
Law enforced at the time of
marriage should be the
determining factor – or
reckoning period and not
the new law
