Miko and Dinah started to live together as husband and wife without the benefit of marriage in 1984. Ten (10) years after, they separated. In 1996, they decided to live together again, and in 1998, they got married.
On February 17, 2001, Dinah filed a complaint for declaration of nullity of her marriage with Miko on the ground of psychological incapacity under Article 36 of the Family Code. The court rendered the following decision:
“1. Declaring the marriage null and void;
2. Dissolving the regime of absolute community of property; and
3. Declaring that a decree of absolute nullity of marriage shall only be issued after liquidation, partition and distribution of the parties’ properties under Article 147 of the Family Code.”
Dinah filed a motion for partial reconsideration questioning the portion of the decision on the issuance of a decree of nullity of marriage only after the liquidation, partition and distribution of properties under Article 147 of the Code.
If you are the judge, how will you decide petitioner’s motion for partial reconsideration? Why? (4%)
Suggested answer only. Not an official answer and not legal advice.
I will grant the motion for partial reconsideration. Under Article 50 of the Family Code, liquidating and partitioning property prior to issuing a decree of nullity applies only to marriages
Unlock the full Civil Law answers365 days of full access. GCash, Maya and card accepted.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Under Article 50 of the Family Code, to which void or voidable marriages does the requirement of prior property liquidation before decree issuance apply?
Article 50 requirement of prior property liquidation applies exclusively to marriages void under Article 40 and annulled under Article 45.
What legal regime governs the property relations of spouses whose marriage is declared void ab initio under Article 36?
Property relations of spouses in a marriage declared void under Article 36 are governed by Article 147 co-ownership.
Must a court withhold the decree of nullity of a marriage declared void under Article 36 until property partition is completed?
Decrees of nullity for Article 36 marriages need not await property partition because Article 50 is inapplicable.
Under Article 147 of the Family Code, how are properties acquired by parties during cohabitation owned in a void marriage?
Choices available with full access.
What is the proper ruling on Dinah's motion for partial reconsideration questioning the entry restriction on the decree of nullity?
Choices available with full access.
Learn more about these topics
1. Article 50 Applicability
Under Article 50 of the Family Code, the requirement to liquidate, partition, and distribute properties before issuing a decree of nullity applies exclusively to marriages declared void under Article 40 or annulled under Article 45. The statutory purpose of Article 50 is to ensure proper settlement of the absolute community or conjugal partnership of gains and protection of children's presumptive legitimes. For marriages declared void ab initio under Article 36, property relations are governed by Article 147 co-ownership, making the procedural condition under Article 50 inapplicable.
2. Article 147 Co-Ownership
Under Article 147 of the Family Code, when a man and a woman who are capacitated to marry live together as husband and wife without a valid marriage, or under a void marriage under Article 36, their property relations are governed by the rules on co-ownership. Properties acquired by either or both parties through their joint work or industry are owned by them in equal shares. Unlike absolute community or conjugal partnership regimes, co-ownership under Article 147 does not require judicial liquidation and partition as a condition precedent to issuing the decree of nullity.
3. Decree Issuance Rules
In actions for declaration of absolute nullity of marriage under Article 36 of the Family Code, the court cannot withhold the issuance of the decree of absolute nullity pending property partition. Under Supreme Court administrative guidelines and prevailing jurisprudence, the decree of nullity must be issued upon finality of the decision declaring the marriage void ab initio. Property issues under Article 147 may be settled in a separate proceeding or subsequent partition suit without delaying the entry and issuance of the decree of nullity.