Void Marriages (Articles 35 to 44)

Cloze test with time limit and automatic scoring

  
Fill in all the gaps and then press the "Check" button at the bottom of the page to check your answers. If the time has expired,
reload/refresh this page to start all over again, or proceed to the next exercise. Best viewed on Firefox or Chrome.
Surf to home page / main index of exercises.
Art. 35. The following marriages shall be void :

(1) Those contracted by any party below eighteen years of age even with the ;

(2) Those solemnized by any person unless such marriages were contracted with either or both parties believing in that the solemnizing officer had the legal authority to do so;

(3) Those solemnized , except those covered the preceding Chapter;

(4) Those marriages not falling under Article 41;

(5) Those contracted through of one contracting party as to the of the other; and

(6) Those marriages that are void under Article 53.

Art. 36. A marriage contracted by any party who, at the time of the celebration, was to comply with the of marriage, shall likewise be void even if such incapacity becomes manifest only . (As amended by Executive Order 227)

Art. 37. Marriages between the following are and void from the beginning, whether the relationship between the parties be :

(1) Between ascendants and descendants of ; and

(2) Between , whether of the full or half blood.

Art. 38. The following marriages shall be void from the beginning for reasons of :

(1) Between whether legitimate or illegitimate, up to the fourth civil degree;

(2) Between step-parents and step-children;

(3) Between parents-in-law and children-in-law;

(4) Between the ;

(5) Between the of the adopting parent and the adopted child;

(6) Between the of the adopted child and the adopter;

(7) Between an adopted child and a of the adopter;

(8) Between adopted children of the ; and

(9) Between parties where one, with the , killed that other person's spouse, or his or her own spouse.

Art. 39. The action or defense for the shall not prescribe.

Art. 40. The absolute nullity of a previous marriage may be invoked for on the basis solely of a declaring such previous marriage void.

Art. 41. A marriage contracted by any person during shall be null and void, unless before the of the subsequent marriage, the prior spouse had been absent for and the spouse present has a that the absent spouse was already dead. In case of disappearance where there is under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a as provided in this Code for the declaration of of the absentee, without prejudice to the effect of reappearance of the absent spouse.

Art. 42. The subsequent marriage referred to in the preceding Article shall be by the recording of the of the absent spouse, unless there is a judgment or declaring it void ab initio.

A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of , with to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being in case such fact is disputed.
Art. 43. The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects:

(1) The children of the subsequent marriage conceived prior to its termination shall be considered ;

(2) The absolute community of property or the conjugal partnership, as the case may be, shall be , but if either spouse contracted said marriage in , his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the or, if there are none, the or in default of children, the innocent spouse;

(3) shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are by operation of law;

(4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as , even if such designation be stipulated as ; and

(5) The spouse who contracted the subsequent marriage in bad faith shall be from the innocent spouse by .

Art. 44. If both spouses of the subsequent marriage acted in bad faith, said marriage shall be and all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by .

Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com