The Family Code of the Philippines
Executive Order No. 209 July 6, 1987
Art. 52. The judgment of annulment or 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 shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons. (n)
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.
Art. 54. Children conceived or born before
the judgment of annulment or absolute nullity of the marriage under Article 36
has become final and executory shall be considered legitimate. Children
conceived or born of the subsequent marriage under Article 53 shall likewise be
legitimate.
Under Article 52, the following must be recorded in appropriate civil registry and registries of property.
1.
judgment
of annulment or of absolute nullity
2.
the
partition and distribution of the spouses’ properties
3.
the
delivery of the children's presumptive legitimes
If these are not recorded, then third
persons shall not be affected. This means that whatever legal act performed by the
spouses and their children will not affect the rights of other people with whom
they may have transacted.
For example, a judgement on the nullity of
marriage has become final and executory but the partition and distribution of
the spouses’ properties are not yet recorded in the Registry of Deeds. The husband
then contracts a loan from a bank. To secure the loan, he uses a parcel of
land, which he and his wife jointly own by virtue of their marriage. The claim
of the bank on the parcel of land is not affected by such declaration of the
nullity of marriage since the partition and distribution of the spouses’
property is not yet recorded in the Registry of Deeds. The claim of the bank on
the subject parcel of land is not diminished by the subsequent distribution and
partition of property between the spouses. The bank can still foreclose such
property as a whole in case the husband defaults on his payments for the loan
he obtained from the bank.
However, to prevent such a scenario, the
Supreme Court promulgated the Rule on Declaration of Absolute Nullity of Void
Marriages and Annulment of Voidable Marriages (A. M. No. 02-11-10-SC). Section
2 provides
(a)
The court shall issue the Decree after:
(1) Registration
of the entry ofjudgment granting the petition for declaration of nullity or annulment
of marriage in the Civil Registry where the marriage was celebrated and in the Civil
Registry of the place where the Family Court is located;
(2) Registration
of the approved partition and distribution of the properties of the spouses, in
the proper Register of Deeds where the real properties are located; and
(3) The delivery
of the children's presumptive legitimes in cash, property, or sound securities.
(b) The court
shall quote in the Decree the dispositive portion of the judgment entered and
attach to the Decree the approved deed of partition.
Except
in the case of children under Articles 36 and 53 of the Family Code, the court
shall order the Local Civil Registrar to issue an amended birth certificate
indicating the new civil status of the children affected.
Under Article
53, the spouses whose marriage has been annulled or declared null and void,
can enter into another marriage, provided that they have complied the
requirements set forth under Article 52 as enumerated above. If either of the
spouses subsequently contracts a marriage without first complying with these
requirements, such marriage shall be null and void.
Under Article
54, marriages deemed null and void by virtue of the grounds provided for
under Article 36 (Psychological incapacity) and Article 53 (non-registration of
judgement to civil registry and registries of property) can produce legitimate child,
if such child is conceived or born before the judgement on annulment or
nullity of marriage has become final and executory. Because such child is considered legitimate, he/she become the perforce heirs of his/her parents whose
marriage is either annulled or declared void. Such benefit is what Article 54
contemplates. The legitimate child would enjoy the same rights as those of other
children that his/her parents might have with other legitimate partners.
Reference:
Albano, Ed Vincent (2017). Persons and Family Relations. Central Book Supply Inc.: Manila
-------------------------
by Permanent
Class Number 4 in Persons and Family Relations, LSPU, First Semester,
SY2019-2020
Date Last Updated: 29Nov2019
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