When a Void Marriage Decree Can Be Issued Without Waiting for Property Liquidation

The Supreme Court's ruling in Diño v. Diño (G.R. No. 178044, January 19, 2011) settles an important procedural question for spouses seeking to declare their marriage void under Article 36 of the Family Code: must the decree of nullity wait for the liquidation, partition, and distribution of the couple's properties? The Court said no, clarifying the interplay between the Family Code and the rules governing declarations of absolute nullity of marriage.

The Facts of the Case

Alain and Ma. Caridad Diño were childhood sweethearts who lived together, separated, reconciled, and eventually married in January 1998. In May 2001, Alain filed a petition to declare the marriage void on the ground of psychological incapacity under Article 36 of the Family Code. He alleged that Ma. Caridad failed to give love and support, abandoned her family responsibilities, and was unfaithful and violent.

Ma. Caridad, then living in the United States, did not file an answer. Alain later learned she had obtained a divorce in California and had remarried. A clinical psychologist's report confirmed that Ma. Caridad suffered from Narcissistic Personality Disorder, which was long-lasting and incurable.

The trial court granted the petition, declaring the marriage void from the beginning. However, it ordered that the decree of absolute nullity be issued only after liquidation, partition, and distribution of the parties' properties under Article 147 of the Family Code. The court later modified this to require compliance with Articles 50 and 51 of the Family Code. Alain challenged this condition.

The Sole Issue

The only question before the Supreme Court was whether the trial court erred in requiring liquidation, partition, and distribution of properties under Article 147 of the Family Code before issuing the decree of nullity.

The Supreme Court's Ruling

The Supreme Court ruled in favor of Alain, holding that the trial court's condition had no legal basis.

Article 147 applies to the property relations. The Court confirmed that for a void marriage, the property relations of the parties during cohabitation are governed by Article 147 or Article 148 of the Family Code. Article 147 applies when both parties are capacitated to marry but their marriage is nonetheless void—exactly the situation in this case. Under Article 147, property acquired through the parties' work or industry is governed by the rules on co-ownership, with wages and salaries owned in equal shares.

The procedural rule requiring prior liquidation does not apply to Article 36 cases. The Court examined the rule that a decree of absolute nullity shall be issued only after compliance with Articles 50 and 51 of the Family Code. Article 50, the Court explained, applies only to marriages declared void under Article 40 (bigamous marriages) or annulled under Article 45 (voidable marriages). These marriages are governed by absolute community of property or conjugal partnership of gains, which require liquidation before a decree can issue.

Article 36 cases are different. A marriage declared void under Article 36—psychological incapacity—is not covered by Articles 40 or 45. The property relations of the parties are governed by the ordinary rules on co-ownership, not by absolute community or conjugal partnership. Therefore, there is no need to liquidate the properties in the same proceeding. Under the Civil Code, partition may be made by agreement between the parties or by judicial proceedings, and it need not happen before the decree of nullity is issued.

The Court modified the trial court's decision, ordering that the decree of absolute nullity be issued upon finality of the decision, without waiting for the liquidation, partition, and distribution of properties.

Practical Takeaways

• A decree of nullity under Article 36 can be issued immediately upon finality of the trial court's decision, without waiting for property liquidation.
• Property relations in Article 36 void marriages are governed by co-ownership rules under Article 147 of the Family Code, not by absolute community or conjugal partnership rules.
• Articles 50 and 51 of the Family Code apply only to marriages declared void under Article 40 (bigamous marriages) or annulled under Article 45 (voidable marriages).
• Parties may partition co-owned property separately, either by mutual agreement or through a separate judicial proceeding, after the marriage is declared void.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.