Article 53 and 54 of Family Code

 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.

Question:

If they did not comply with the requirement of recording in Article 52 of the Family Code and they contracted subsequent marriages, are the marriages valid?

Answer:

It is believed that they are void, as the law says that either of the former spouse may marry again after compliance with the requirements of the provisions of Article 52.

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.

There are 2 kinds of marriages referred to in Article 54 of Family Code that can produce legitimate children prior to their declaration as void marriages. They are:

1. those marriages under Article 36 where there is “psychological incapacity”;

2. those marriages under Article 53 where the decree annulling or declaring the marriage void, the partition, distribution of properties of the spouses and the delivery of the presumptive legitimes of the children have not been recorded in the proper civil registry or registries of property.

Case Digest:

G.R. No. 122749

Valdes v. RTC, Branch 102, Quezon City, et al

July 31, 1996, 72 SCAD 967

Vitug, J.

Facts:

The petition for review bewails, purely on a question of law, an alleged error committed by the Regional Trial Court in Civil Case No. Q-92-12539. Petitioner avers that the court a quo has failed to apply the correct law that should govern the disposition of a family dwelling in a situation where a marriage is declared void ab initio because of psychological incapacity on the part of either or both of the parties to the contract.

Antonio Valdes and Consuelo Gomez were married on 05 January 1971. Begotten during the marriage were five children. In a petition, dated 22 June 1992, Valdes sought the declaration of nullity of the marriage pursuant to Article 36 of the Family Code (docketed Civil Case No. Q-92-12539, Regional Trial Court of Quezon City, Branch 102).

Gomez sought a clarification of that portion in the decision.  She asserted that the Family Code contained no provisions on the procedure for the liquidation of common property in unions without marriage.

Issue:

Whether or not petition will be granted

Ruling:

No, the Supreme Court ruled that in a void marriage, regardless of the cause thereof, the property relations of the parties are governed by the rules on co-ownership.  Any property acquired during the union is prima facie presumed to have been obtained through their joint efforts.  

A party who did not participate in the acquisition of the property shall be considered as having contributed thereto jointly if said party’s efforts consisted in the care and maintenance of the family.