In 1997, B and G started living together without the benefit of marriage. The relationship produced one offspring, Venus. The couple acquired a residential lot in Parañaque. After four (4) years or in 2001, G having completed her 4-year college degree as a fulltime student, she and B contracted marriage without a license.
The marriage of B and G was, two years later, declared null and void due to the absence of a marriage license.
If you were the judge who declared the nullity of the marriage, to whom would you award the lot? Explain briefly. (3%)
Is Venus legitimate, illegitimate, or legitimated? Explain briefly. (3%)
Suggested answer only. Not an official answer and not legal advice.
(a) The lot should be awarded to B and G as equal co-owners. (b) Venus is an illegitimate child. Under Article 147 of the Family Code, property acquired during cohabitation by parties capacitated to marry under a void
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Quick check
Under Article 147 of the Family Code, how is real property acquired during cohabitation divided between parties in a void marriage?
Property acquired during cohabitation under a void marriage is governed by special co-ownership in equal shares.
What is the legal status of a marriage contracted without a marriage license when no statutory exemption applies?
The complete absence of a marriage license makes a marriage void ab initio under Article 35 of the Family Code.
Under Article 177 of the Family Code, what is an indispensable requirement for the legitimation of an illegitimate child?
Legitimation strictly requires a subsequent valid marriage between the biological parents.
If a child's parents contract a marriage that is subsequently declared null and void ab initio, what is the child's legal status?
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Under Article 147 of the Family Code, what is presumed regarding property acquired by work or industry during cohabitation?
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Learn more about these topics
1. Void Marriage Co-Ownership
Under Article 147 of the Family Code, when a man and a woman who are capacitated to marry each other live exclusively together as husband and wife without the benefit of marriage or under a void marriage, their property relations are governed by special co-ownership. All property acquired by either or both of them through their work or industry during their cohabitation is presumed to be owned by them in equal shares. Consequently, real property acquired during their cohabitation belongs to both parties as equal co-owners.
2. Absence Marriage License
Under Article 3 and Article 35 of the Family Code, a valid marriage license is an essential formal requisite of marriage. The complete absence of a marriage license renders a marriage void ab initio, unless it falls strictly under recognized statutory exceptions such as marriages in articulo mortis or cohabitation for five continuous years without legal impediment. Contracting a ceremony without a license where no statutory exemption applies produces a void marriage, which fails to alter the legal status of children born prior to the celebration.
3. Requisites For Legitimation
Under Article 177 and Article 178 of the Family Code, legitimation takes place by the subsequent valid marriage of the child's biological parents who were not disqualified by any legal impediment to marry each other at the time of the child's conception. Where the subsequent marriage contracted by the parents is declared null and void ab initio, no valid marriage occurs in the eyes of the law. As a legal consequence, legitimation fails, and the child remains an illegitimate child.