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How would you distinguish between the manner of attacking a void from that of a voidable marriage?
A voidable marriage cannot be assailed collaterally except in a direct proceeding while a void marriage can be attacked collaterally. Consequently, a void marriage can be questioned even after the death of either party but a voidable marriage can be assailed only during the lifetime of the parties and not after the death of either, in which case the parties and their offspring will be left as if the marriage had been perfectly valid. (Citing In re: Conza’s Estate, 176 Phil. 192). A void marriage confers no legal rights upon the parties, as though no marriage had even taken place. Thus, its invalidity can be maintained in any proceeding in which the fact of marriage may be material, either direct or collateral, in any civil court between any parties at anytime, whether before or after the death of either or both the husband and the wife, and upon mere proof of the facts rendering such marriage void, it will be disregarded or treated as non-existent by the courts. It is not like a voidable marriage which cannot be collaterally attacked except in direct proceeding instituted during the lifetime of the parties so that upon the death of either, the marriage cannot be impeached and is made good ab initio. (Niñal, et al. vs. Bayadog, supra.).
A voidable marriage cannot be assailed collaterally except in a direct proceeding while a void marriage can be attacked collaterally. Consequently, a void marriage can be questioned even after the death of either party but a voidable marriage can be assailed only during the lifetime of the parties and not after the death of either, in which case the parties and their offspring will be left as if the marriage had been perfectly valid. (Citing In re: Conza’s Estate, 176 Phil. 192). A void marriage confers no legal rights upon the parties, as though no marriage had even taken place. Thus, its invalidity can be maintained in any proceeding in which the fact of marriage may be material, either direct or collateral, in any civil court between any parties at anytime, whether before or after the death of either or both the husband and the wife, and upon mere proof of the facts rendering such marriage void, it will be disregarded or treated as non-existent by the courts. It is not like a voidable marriage which cannot be collaterally attacked except in direct proceeding instituted during the lifetime of the parties so that upon the death of either, the marriage cannot be impeached and is made good ab initio. (Niñal, et al. vs. Bayadog, supra.).
