Dear PAO,
I have been long separated with my husband. I plan to file for annulment on the ground of psychological incapacity.

I would like to ask, what are the consequences to our child once the annulment is granted? What about the properties which we have acquired?
Ms. Pineda

Dear Ms. Pineda,
A void marriage like any other void contracts is considered as inexistent from the beginning. One of the marriages considered as void under the Family Code of the Philippines is that mentioned under Article 36 thereof governing the psychological incapacity of one or both spouses in a marriage. Article 36 of the said Code states that “a marriage contracted by any party who, at the time of the celebration, was psychological incapacity to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization”.

In void marriages, the court granting the petition for the declaration of nullity of marriage shall order, among others, the registration of the entry of judgment in the Civil Registry where the marriage was celebrated and in the Civil Registry of the place where the Family Court is located and the issuance of an amended birth certificates of the children affected to indicate their new civil status as illegitimate. However, children conceived and/or born during a marriage that is declared as void under Article 36 of the Family Code shall retain their civil status as legitimate in accordance with Article 54 of the Family Code which provides that “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 as legitimate.”

As to the properties which were acquired during a marriage that is declared void under Article 36 of the Family Code, the provisions of Article 147 of the Family Code shall be applied. Accordingly, the wages and salaries shall be owned by the husband and wife in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership. In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. Here, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former’s efforts consisted in the care and maintenance of the family and of the household.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.