ChanRobles Professional Review, Inc.

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PERSONS & FAMILY RELATIONS

ATION
Prof. JFM. Dechavez
vez

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Preliminary
ry Title
Effect and Application
pplication
tion of LLaws
On Effectivity of Laws

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Article 2. Laws shall take effect after
er fifteen days foll
following the completion of their publication
in the Official Gazette or in the newspaper
pa off general
eneral circulation,
cir
circu unless it is otherwise provided.

Publication of laws is a requirement

uir of due process. Publication is MANDATORY even if the law
provides its own date of effectivity.
vity. Since its PURPOSE
ctivity. P
PU is to inform the public of its contents, publication

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must be in full otherwise it is not deemed published
p
pu at all. This is the decision of the SC in Tanada v.
Tuvera, G.R. 63915, Dec.
c. 29,, 1986.
1986.

Once thee law

w is published com
completely, the effect of that is that the people are deemed to have
bl
conclusively been
n notified of the law
een la even if they have not actually read them.

Note thatat tthe phrase “unless it is otherwise provided” qualifies the earlier phrase “fifteen (15)
he phr
days”.
”. Thus, if the law prprovides for a longer or a shorter period, such will prevail. So that the second
sentence
nce of article 2, w
entence with respect to the effectivity of the Civil Code provides that “This Code shall take
o

effectt one year afte

after such publication.”
af

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In case of Manila Public Schools Teachers’ Association vs. Garcia, the Supreme Court held that:
n the 2017 cca
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Administrative rules and regulations must be published if their purpose is to enforce or implement
ent
exist
existing
ist law pursuant also to a valid delegation. When an administrative rule goes beyond merely erely
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providing for the means that can facilitate or render least cumbersome the implementation of the
pr he law but
ut
substantially adds to or increases the burden of those governed, it behooves the agency to accordord at least
ccord
to those directly affected a chance to be duly informed, before that new issuance is given and
en thee force an
effect of law.

es
By the way, there is no law prescribing the publication of Supreme Court’ss decisions Official
cisions in the Off
Gazette. It is the duty of the counsel to keep abreast of the decisions by thee Supreme
upreme Court part
particulary
where issues have been clarified, consistently reiterated, and published d in the advanced rreports of
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Supreme Court decisions and in such publications as the SCRA and law w journals.(De
journals.( De Roy
journals.(De Ro v. Court of
Appeals, 1988)

As regards to application of laws

o

Article 3 states that “Ignorance of the law excuses

cuses no
no one from co
compliance therewith.” This
provision is based on the latin maxim: “Ignorantia legis
gis non excusat.”
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ediency,
ency, but of necessity.
This provision is not founded on expediency, nece So that, if a law is passed by
Congress, approved by the President, and published, the same shall become effective.
nd properly publish
publishe
Accordingly, the public is put on constructive tice of its existence, even if a person has no actual
ructive notice
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knowledge thereof.

Meanwhile, Article 4 provides

ovides
es that “Laws shall
sh have no retroactive effect, unless the contrary is
ws sha
provided” espouses the principle
le of non-retroactivity
ciple non
on-retroact
retroact of laws. It means that all laws shall be prospective
in operation, except:
h

1. Whenen the law expressly provides for retroactivity. By way of example, Art. 256 of the
Family Code, which ch took effect on Au
ich Aug.
Aug 3, 1988, states that the Code shall have retroactive effect insofar
as it does not prejudice
rejudice vested righ
rights. Accordingly, Article 36 which provides for psychological incapacity
as a ground filing
ng a petition fo
for tthe declaration of nullity of a marriage may apply even to those marriages
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celebrated priorr to Aug. 3, 1988.

19 On the other hand, a marriage between stepchildren which is void under
the Civil Code may not be validated just because that kind of marriage now valid under the Family Code.
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2. If the law is curative or when it is intended to correct errors or irregularities of an earlier

law.
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3. If it is procedural or remedial in nature. Such law applies to pending actions.

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4. If the law is penal in nature and it is favorable

ble to the
t accused who is not a habitual
delinquent, even if already found guilty and serving sentence.e. Under Art. 22 of the Revised Penal Code, a
habitual delinquent is one who, within 10 years from the date release or conviction of the crimes
te of last releas

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of serious or less serious physical injuries, robbery, theft alsification, is found guilty of any of said
heft or falsification,
crimes, a third time or oftener.

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Article 5. Acts executed against the provisions of mandat
mandatory or prohibitory laws shall be void,
except when the law itself authorizes theirr validity.

Here, the omission would rendernder acts illegal

gal or void.
egal v Prohibitions are couched in negative terms.
ode,, in order
For instance, under the Family Code, orde
o fat
at
for a father or husband to impugn legitimacy of a child, the
action must be filed within onee (1) year
ear from kkn
knowledge or recording in the Civil Registry.

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Also, under the Family
mily Code, no decr
decree of legal separation shall be based on stipulation of facts
dec
or confession of judgment.
ment.
en

On waiver
bl
Article
e 6. Rights may b
be waived, unless the waiver is contrary to law, public order, public policy,
morals,
s, or good customs, oro prejudicial to a third person with a right recognized by law.
o

Waiver is the intentional relinquishment of a known right. Waivers are not presumed. Acceptance

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of benefits such aas separation pay and terminal leave benefits would not amount to a waiver of right to
contest illegal dismissal. It must be clearly and convincingly shown, either by express stipulation or acts
admitting nno reasonable explanation; and the person must be duly capacitated or actually possessing the
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right.
righ In one case, the Supreme Court held that "[i]f (a) there is clear proof that the waiver was wrangleded
om an unsuspecting or gullible person; or (b) the terms of the settlement are unconscionable, and
from d on
their
the face invalid, such quitclaims must be struck down as invalid or illegal." In that case, the employees
ees
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executed their quitclaims after having been unfairly given an ultimatum to resign or be terminated
minated (and
forfeit their benefits). (Phil. Employ Services and Resources, Inc. v. Paramio, 2004)

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Verily, for a WAIVER to be valid, it must comply with the following requisites:
s:

1. Person making the waiver must have the right he is waiving

2. He must have the capacity to make the waiver
3. The waiver must be made in a clear and unequivocal manneranner
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4. Such waiver is not contrary to law, public order, public
ic policy, morals or go
good
g customs
or is prejudicial to third person.
5. If required, formalities must be complied with.
o

On repeal of laws, Art. 7 provides that laws are repealed

epealedd only by sub
subsequent
subs e ones. Repeal of laws
may be express or implied. Implied repeals are not favored.
vored. The intent mu
must be manifest. For instance, if
a law is expressly repealed, the repeal of the repealing
ealing law will not revive
rev the old law unless expressly
re
provided. Meanwhile, a law is Impliedly repealed d if thee provisions of the
t subsequent law are incompatible
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with those of the previous law. Accordingly, undernder implied repeal,

repea
rep the requisites are: 1) that both laws
cover the same subject matter; and that 2) the latterter law
la is rep
repugnant to the earlier law.
an

Of course, a law or provision

n of law may also be repealed “when the courts declare it to be
inconsistent with the Constitution.
on.

Meanwhile, Administrative
trative or executive
nistrative executiv acts, orders and regulations may have the effect of
id only when the
laws, but they shall be valid they are not contrary to the laws or the Constitution.
h

he effect of Court Decisions?

What is the De

Under
er Article
Art 8, Judicial
dicial decisions applying or interpreting the laws or the Constitution shall
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he leg
form a part of the legal system
legal syste
yste of the Philippines.

Decisions of the
th Supreme Courts are authoritative/precedent setting. On the other hand,
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decisions of inferior courts/Court of Appeals are merely persuasive. The principle of STARE DECISIS
requires courts to follow the rule established in earlier SC decisions. The doctrine, however, is not
inflexible, so that when in the light of changing conditions, a rule has ceased to be beneficial to the society,
courts may depart from it.
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Note that all decisions apply prospectively.

Example: Under the old rule, if the marriage is void,

oid, there is no need for a judicial decision

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declaring such as a void. However, under the new rule,
e, a decision
on of nullity is needed. But the latter rule
applies prospectively.

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Apag v. Cantero

A judge entered into a second marriage

agee without ha
having his first void marriage judicially declared
a nullity. Not a basis for immorality. Befo
Before the advent of the Family Code, judicial declaration of nullity
dvent o
not needed.

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Wiegel v. Sempio Diy

Under the Famil

mil Code, there is now
n a need for declaration of nullity of a void marriage.
no

dge or court
Article 9. No judge cour shall decline to render judgment by reason of the silence, obscurity
bl
encyy of the laws.
or insufficiency

udges are tasked w

Judges with the duty of dispensing justice. No person shall be deprived of life, liberty
perty without due process of law.
or property
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Judges ca
Judges cannot legislate. Generally, If no law applies to a situation that before a court, the Judge
has no recourse
recours except to dismiss the case.
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On
O the other hand, in the case of Chu Jan v. Bernas, 1916, the Supreme Court held that ignorance nce
off the court regarding the law applicable to a case submitted to him for decision shall not excuse the court
for dismissing the case without deciding on the issue. In a case where no law would be applicable, the Civil
ivill
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Code provides that Customs of the place shall be observed and in absence thereof, the general al principles
prin
p
of law.

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In People v. Veneracion, a government of laws, not of men, excludes the he exercise of broad
broa
discretionary powers by those acting under its authority. Under this system, judges es aree guided by the Rule
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achments
of law and ought to protect and enforce without fear or favor, resist encroachments ments by governm
govern
governments,
political parties, or even the interference of their own personal beliefs. In this respondent judge
his case the responde
respond
must impose the death penalty in spite of his personal contrary beliefs. This is consistent
onsistent in the rule laid
bl
down in the Civil Code Article 9 that no judge or court shall decline to
o render
ender judgment b by reason of the
silence, obscurity, or insufficiency of the laws.

On application of laws, Article 10 provides that in case of doubt

bt in the interpretation
interpre
interpret or application of
o

laws, it is presumed that the lawmaking body intended right and justice to t pprevail.

Thus in doubtful statutes, the first duty of the courts is to apply

a the law. Construction and
interpretation would come in only if application is impossible inadequate.
possible or inad
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What are customs?

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CUSTOMS are rules of conduct uct formed

med by repetition of acts, uniformly observed as a social rule,
b repeti
legally binding and obligatory. A local
ocal custom as a sour
source
sou of right cannot be considered by a court of justice
unless such custom is properly rly established competent evidence like any other fact. This is what is
blished by co
required under Article 12 which ch states that:
th “A
“A custom must be proved as a fact, according to the rules
of evidence.” In Yao Kee Sy-Gonzales,
e v.. Sy -Gonzales
Gonza , 198 1988, the SC held that for a marriage to be recognized as valid,
19
h

the existence of foreign

eign
gn law as a question of fact and the alleged marriage must be proven by clear and
convincing evidence.
nce. In this case, petitioners
case petittit did not present any competent evidence relative to the law
and custom of China on marriage. For F failure to prove the foreign law or custom, and consequently, the
validity of thee marriage in accordance
accord with said law or custom, the marriage between Yao Kee and Sy Kiat
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cannot be recognized
gnized in this jurisdiction.
j

Note furtherr that

th if a custom is contrary to law, public order or public policy, it shall not be
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countenanced. Custom, even if proven, cannot prevail over a statutory rule or even a legal rule enunciated
by Supreme Court. (Art. 11, CC)
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Martinez v. Van Buskirk

It is a matter of common knowledge as well as proof oof that it is the un

universal practice of merchants

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to deliver merchandise and leave the horses in the manner anner in which they were
w left. This is the custom in
all cities. It has not been productive of accidents or injuries.
ies. The public, finding
njuries. f itself unprejudiced by such
practice, has acquiesced for years without objection.
ction. Thus,
hus, in the absence
ab
a of proof that such custom is

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contrary to law, public order or policy, it shall be respected.
respected.

CONFLICT OF LAWS - It is that part of the municipa

municipal law of a states which directs its courts and
administrative agencies, when confronted
nfront with
th a legal
lega problem involving foreign foreign element,
whether or not they should applyy a foreign
foreig la
law or fore
foreign
ore laws.

CONFLICT RULES - They

es
provisions found in our law which governs a factual situation
hey are provision
provisio
possessed of a foreign element.
ent. It is usually expressed
lement. e in the form of an abstract proposition that a given
legal question by the law
w of a particular cou
country to be ascertained in the manner indicated in the provision.
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Example: Articlee 816, CC

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The will of an alien w
who
wh is abroad produces effect in the Philippines if made with the formalities
prescribed
ribed the place in which he resides, or according to the formalities observed in his own
ed by the law of th
country,
untry, conformity with the Civil Code.
ry, or in conformit
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Characterization-
Characte
Character It is the process of assigning a disputed question to its correct legal category
such as torts, ccontracts, family law or property. It is otherwise known as “classification” or “qualification”.
(1994 Bar)
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Borrowing Statute - It is a legislative exception to the conflict of laws rule holding that a forum
orum
state
sta must apply its own statute of limitations; it specifies the circumstances in which a forum state willl
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apply another state’s statute of limitation. (1994 Bar)

Civil Procedure: if by the laws of the states or country where the cause of action arose,
ose, it is barred,
barre

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it is also barred in the Philippines.

Minimum Contact Test or Fundamental Fairness Test

To bind a defendant, absent from the territory of the forum to a judgment in per personam, due
pe
bl
process requires that he should have certain minimum contacts with it and that that mainmaintenance of the
suit does not offend traditional notion of fair play and substantiall justice.
tice. Such contact,
contac ties or relations
may be evidenced by its doing or transacting business or activities
tivities
ties in the forum state. It protects the
defendant against the burdens of litigating in a distant or inconvenient
convenient
venient forum.
foru
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(Saudia Airlines v. Rebesensio) By its own admission,

missio Saudia, while
mission, whil a foreign corporation, has a
whi
Philippine office. Section 3(d) of Republic Act No.. 7042, otherwise knowknown as the Foreign Investments Act
of 1991, provides the following: The phrase "doing oing business" shall in
iinclude . . . opening offices, whether
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called "liaison" offices or branches; . . . and anyy other act or acacts that imply a continuity of commercial
dealings or arrangements and contemplate ate to that
hat extent the
t performance of acts or works, or the
th
exercise of some of the functions normally an iin progressive prosecution of commercial gain
ally incident to, and
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or of the purpose and object of the business organization.

organization
org

A plain application off Section 3(d) of the Foreign Investments Act leads to no other conclusion
than that Saudia is a foreign
n corporation
orporation doing b business in the Philippines. As such, Saudia may be sued in
the Philippines and is subject
ubject jurisdiction of Philippine tribunals.
ect to the jurisdicti
jurisdic
h

Moreover, r, since there is no re

real distinction between "Saudia Jeddah" and "Saudia Manila" — the
rea
latter being nothing
thing more than Saudia's
othing Sau local office — service of summons to Saudia's office in Manila
sufficed to vest
est jurisdiction over Saudia's person in Philippine tribunals.
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Forum Non Conveniens

eniens
o

Literally means “the forum is inconvenient”, this doctrine means that even if the court assumes
jurisdiction over the parties and the subject matter, it may decline to try the case on the ground that the
controversy may be more suitably tried elsewhere.
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Saudia asserts that Philippine courts and/or tribunals arere not in a position to make an intelligent
decision as to the law and the facts. This is because respondents'
nts' Cabin
dents' Ca Attendant contracts require the
application of the laws of Saudi Arabia, rather than those of the Philippines. It claims that the difficulty of

r
ascertaining foreign law calls into operation the principle
ciple of forum
orum non cconveniens, thereby rendering
improper the exercise of jurisdiction by Philippine tribunals.
ribunals.
nals.

Ba
First, there is no basis for concluding that the case can be more conveniently tried elsewhere. As
established earlier, Saudia is doing businesss in the Philippines. For their part, all four (4) respondents are
Filipino citizens maintaining residence in the Philippines
ilippines and,
and apart from their previous employment
with Saudia, have no other connection on to the Kingdom
ngdom
dom oof Saudi Arabia. It would even be to respondents'
inconvenience if this case were to o bee tried
trie eelsewhere.
eree

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Second, the recordss are
re bereft of any indication
in that respondents filed their Complaint in an
effort to engage in forum hopping or to vex and inconvenience Saudia.
m shopping

Third, there
re iss no indication of "unwillingness to extend local judicial facilities to non-residents
or aliens." That Saudia has managed to bring the present controversy all the way to this court proves
as manage
bl
this.
Fourth,
h, it cannot be sa said
s that the local judicial machinery is inadequate for effectuating the right
soughtt too be maintained. SSummons was properly served on Saudia and jurisdiction over its person was
validly
idlyy acquired.
o

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Lastly, th
there is not even room for considering foreign law. Philippine law properly governs the
the
present dispute.
dispute
disput
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Processual
Proces
Processu Presumption

It states that when the proper foreign law has not been properly proved, the court of the forum
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may presume that said foreign law is the same as its local or domestic law, which said court can
an now
no
apply. . This applies when the foreign law is not alleged or if alleged, it is not proved

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Jacob, a Swiss national, married Lourdes, a Filipina, in Berne, Switzerland. Three
ee years later, the
th
couple decided to reside in the Philippines. Jacob subsequently acquired several al properties in the
veral t
Philippines with the money he inherited from his parents. Forty years later, Jacob
acob intestate and is
ob died intestate,
survived by several legitimate children and duly recognized illegitimate daughterter Jane,
ughter Jane, all residing
residi in the
resid
Phils.
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(a) Suppose that Swiss law does not allow illegitimate children ren to inherit, can
c Jane who is a
recognized illegitimate child inherit part of the properties of Jacob
b under Philippine Law? (1991 Bar)
cob
o

No. As stated in the problem, Swiss law does not allow illegitimate children
llegitimate chil
c to inherit. Hence, Jane
cannot inherit the property of Jacob under Philippine law.
aw.

Assuming that Jacob executed a will leaving ng certain pro

properties to Jane as her legitime in
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accordance with the law of succession in the

he Philippines, will su
such testamentary disposition be valid?
(1991 Bar)
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The testamentary disposition

on will not
ot be
b valid if it would contravene Swiss law, otherwise, the
disposition would be valid. Unless
ss thee Swiss law is proved,
p
pro it would be presumed to be the same as that
of Philippine law under the doctrine
octrine off processual presumption

What is the territorialityy Principle

Principle?
rinciple??
h

Article 14 states that “Penall laws and those of public security and safety shall be obligatory
upon all who live
ve or sojourn
ive sojourn in
n the Philippine territory, subject to the principles of public international
law and to treaty
ty stipulations.”
reaty stipulations.
stipulations ”
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Art. 14 espouses
pouses ththe
t Territoriality Principle. Exception: 1961 Vienna Convention on Diplomatic
Relations provides that
at the person of the diplomatic agent shall be inviolable and he shall not be liable
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to any form of arrest or detention. He shall enjoy immunity from criminal jurisdiction of the receiving
State.

What is the Nationality Principle?

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Article 15 states that “Laws relating to family rights and

nd duties,
dut or to the status, condition and
legal capacity of persons are binding upon citizens of the Philippines,
hilippines, even though living abroad.”
ppines ev

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Following this rule, an absolute divorce obtained
ed by a Filipino
ipino abroad
abroa from his filipina wife will not
be recognized in this country. (Tenchavez v. Escano).
).

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Garcia v. Recio, 2001

A marriage between two Filipinos cannot nnot be diss

dis
dissolved even by a divorce obtained abroad,
because of Articles 15 and 17 of the
e Civi
Civil Code.

volvingg a Filipino aand a foreigner, Article 26 of the Family Code allows the
In mixed marriages involving

es
equent
former to contract a subsequentuent marriage in casec the divorce is validly obtained abroad by the alien
spouse capacitating him m or her to remarry. This is clarified in Manalo v. Republic, where the Supreme
Court went on to say thatat whether it was thet alien spouse or the Filipino spouse who filed the petition is
of no moment. For or as long as that divorce
div obtained abroad capacitated the alien spouse to remarry, it
will also grant the same right to the
th Filipino spouse.
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Meanwhile,
nwhile, a divorce obtained abroad by a couple, who are both aliens, may be recognized in the
Philippines,
es, provided it is cconsistent with their respective national laws.
pines,
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Van Dorm v. Romillo

Rom Jr., 1985

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Before
B efore a foreign divorce decree can be recognized by our courts, the party pleading must prove
the divorce
divorce as a fact and demonstrate its conformity to the foreign law allowing it. Presentation solely of
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the divorce
divor decree is insufficient.

If Ligaya, a Filipino citizen residing in the U.S. files a petition for change of name before the
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District Court of New York, what law shall apply? (2008 Bar)

New York law shall apply. The petition for change of name filed in New York does es not concern th
the

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legal capacity or status of the petitioner. It does not affect the Registry of any other country
untry including the
th
country of birth of the petitioner. Whatever judgment is rendered in that petition n willll have effect only in
New York. The New York court cannot, for instance, order the Civil Registrarr in the Phils. to change chan
cha its
records. The judgment of the New York court allowing a change in the name petitioner will be
e of the petitione
limited to the records of the petitioner in New York.
bl
If Henry, an American citizen residing in the Philippines, files
es a petition for change
chan of name before
a Philippine court, what law shall apply? Explain (2008 Bar)
o

Philippine law will apply. The petition for changee of name

ame in the Philippines
Phil
P will affect only the
records of the petitioner and his transaction in the Philippines. The Phili
Philip
Philippine court can never acquire
ords of the petitioner
jurisdiction over the custodian in the US of the records petitione
petitioner. Moreover, change of name has
nothing to do with the legal capacity or status of the alien. Since Philippine
Phi
Ph records and transactions are
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the only ones affected, the Philippine courtt may affect the change
ccha only in accordance with the laws
governing those records and transactions.
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Emmanuel and Margarita, American n citizens

cit and
an employees of the U.S. State Department, got
married in Kenya where sterilityy is a ground for annannulment of marriage. Thereafter, the spouses were
an
assigned to the U.S. Embassy in a. On the first year of the spouses’ tour of duty in the Phils, Margarita
n Manila.
filed an annulment case against
gainst
nst Emmanuel be before a Philippine court on the ground of her husband’s
sterility at the time of the celebration of the
tth marriage. (a) Will the suit prosper? Explain your answer.
h

(2009 Bar)

No. Thee suit will not prosper.

prospe As applied to foreign nationals with respect to family relations and
status of persons,
ns, the nationality principle set forth in Art. 15 of the Civil Code will govern the relations of
sons,
C

Emmanuel and d Margarita. SiSince

S they are American citizens, the governing law as to the ground of
annulment is not Kenyan llaw which Margarita invokes in support of sterility as such ground; but should
be U.S. law, which is th
the national law of both Emmanuel and Margarita as recognized under Phil. Law.
o

Hence, the Phil. Court will not give due course to the case based on Kenyan law.

Assume Emmanuel and Margarita are both Filipinos, After their wedding in Kenya, they came back
and took up residence in the Phils. Can their marriage be annulled on the ground of Emmanuel’s sterility?
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(2009 Bar)
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No. The marriage cannot be annulled in the Philippines.

nes.

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The Philippine court shall have jurisdiction overr the action
on to annul the marriage not only because
the parties are residents of the Phils. but because they
ey are citizens. The Philippine court, however,
re Filipino citizen
shall apply the law of the place where the marriage
age was celebrated in determining its formal validity.

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Since the marriage was celebrated in Kenya in accordance
accordan
accorda with Kenyan law, the formal validity of
such marriage is governed by Kenyan law and ny issue as to
d any t the formal validity of that marriage shall be
determined by applying Kenyan law and not
n Phil.l. Law.

However, while Kenyan an law governs tthe formal validity of the marriage, the legal capacity of the

es
Filipino parties of the marriage
riage
ge is governed not
n by Kenyan law but by Phil. Law. Sterility of a party as a
ground for the annulment ent of marriage is not a matter of form but a matter of legal capacity. Hence the
Phil. Court must applyly Phil. Law in determining
determ
deter the status of the marriage on the ground of absence or
defect in the legal capacity
pacity of the Filipino
Filipi parties.
Filipin
bl
Article
cle 16. Real property as well as personal property is subject to the law of the country where
it is stipulated.
ulated.
d

Art. 16 espouses
espouse the principle of Lex Rei Sitae. However, the second paragraph provides for a
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very important exception to the rule on Lex Rei Sitae. It provides that:
mportant excep
ex

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Intestate
Intesta and testamentary successions, both with respect to the order of succession and to the
amount of successional
s rights and to the intrinsic validity of testamentary provisions (and capacity to
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succeed),
succee shall be regulated by the national law of the person whose succession is under consideration,
succeed) on,
whatever
whate
hat may be the nature of the property and regardless of the country wherein said property may
be found.
an

If a will is executed by a foreigner, for instance a Japanese, residing in the Philippines. What law
nes.. Wha la
will govern if the will is executed in the Philippines? And what law will govern if the willl is executed in

es
Japan, or some other country for instance, the U.S.A.? Explain your answers

If the testator is a foreigner residing in the Phils. and he executes his will in the Phils, the law
lla of
the country of which he is a citizen or Philippine law will govern the formalities.s. This is also cons
ities. consistent
with the principle of Lex Loci Celebrationis which under art. 17 provides thatt the form and solemnities
sso of
bl
contracts, wills and other public instruments shall be governed by thee lawsws of the country where they
are executed.

If the testator is a foreigner and executes his will in a foreign th law of his place of
oreign country, the
o

residence or the law of the country of which he is a citizen

en or thehe law of the place
pl of execution, or the
Phil. Law will govern the formalities.

As regards to substantive validity, his national

ational govern, whether he executes his will in
al law shall gove
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the Phils. or in a foreign country. (Testate Estate

tatee of Bohanan v. BoBohanan, 1960)

Now, let’s talk about the Renvoi Doctrine

ine
an

The Docrrine of Renvoi is a procedure

rocedure whereb
where
whereby a jural matter presented is referred by the conflict
of laws rules of the forum to a foreign state,
state,.. On the
th other hand, the conflict of laws rule of of that foreign
state in turn refers the matter
ter ba ck to the law o
back of the forum or to a third state.
h

In the Matter of Testate

tatee Estate of the Deceased
Dec
De Edward Christensen, G.R. No. L-16749, Jan. 31, 1963.

Here, the
he law of the State o of California governs, as it is the national law of the deceased. But the
Law of the Statete of California aalso includes the conflict of laws in the California Civil Code, i.e., which
C

authorizes the reference or rreturn of the question to the law of the testator's domicile. The conflict of
laws’ rule in California,
ornia, precisely
pre refers back the case, when a decedent is not domiciled in California, to
the law of his domicile,the
le t Philippines in the case at bar. There is no question that Edward E. Christensen
o

was a citizen of the United States and of the State of California at the time of his death. There is also no
question that at the time of his death he was domiciled in the Philippines. The Philippine court must apply
its own law as directed in the conflict of laws rule of the state of the decedent, if the question has to be
decided, especially as the application of the internal law of California provides no legitime for children.
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Bellis v. Bellis, 1967

The decedent was both a citizen of Texas and a resident

sident
ent thereof at tthe time of his death. Even if

r
there was a conflict of law between domicile and nationality
onality rule,
e, it would still refer back to Texas law
and would not result to the doctrine of renvoi.

Ba
Remission v. Transmission

ck to the law of the forum. Here, it involves 2 laws

In remission, the reference is made back

rence
ce is mad
In transmission, the reference made to a th
h state. It involves 3 laws.
third

es
miciled
Ex. A japanese domiciled led in the Philippines
Philip
Philippin dies in California. If the case is tried in California, the
American Court (following ng the theory) would refer to the law of the Philippines. However, our
he domicillary the
Courts follow the nationality
ionality
ality theory and wwould thus refer the matter to Japan. Hence, the American Court,
thru Philippine law,
w, ultimately
ltimately applies Japanese
J law.
bl
Article an solemnities of contracts, wills, and other public instruments shall be
cle 17. The forms and
governed
d by the laws of the ccountry in which they are executed.

Art. 17 espouses
espouse the principle of Lex Loci Celebrationis,
o

r
Government v. Fra
Frank, 1909
Fr

The defendant being fully qualified to enter into the contract at the place and time the contract
The
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Ba
was mad
made,
m he cannot plead infancy as defense at the place where the contract is being enforced. The law
aw
off the country wherein the said contract was executed shall govern as was provided by Art. 17 of the Civil
Code of the Philippines.
Co
an

Extrinsic validity of Marriage Celebrated Abroad

es
1. Between Filipinos, Lex loci celebrationis shall apply without prejudice
ce to
o Art.
Art 26, 35
(1),(4),(5) and (6), 36, 37, and 38, and consular marriages

2. Between Foreigners, Lex Loci celebrationis shall apply except highly

pt iff marriage is (1) h
immoral (bigamous and polygamous); (2) universally considered incestous
us (bet.
bet. Brothers and
an sisters;
bl
and between ascendants and descendants

3. Mixed. Apply 2
o

Gene and Jane, Filipinos, met and got married in England

nd while both were
w taking up post graduate
courses there. A few years after their graduation, they decided to annul the
thei
their marriage. Jane filed an action
to annul her marriage to Gene in England on the ground
round of the latter’s sterility, a ground for annulment
of marriage in England. The England court decreed he marriage annulled.
eed the an
ann Returning to the Philippines,
R

Gene asked you whether or not he would now ow be free to marry

marr his former girlfriend. What would your
legal advice be? (2003 Bar)
an

Yes. Gene is free to marry his

is girlfriend
nd because
b his
h marriage was validly annulled in England. The
issue of whether or not marriage is voidable,
oidable, including
includin the grounds therefor, is governed by the law of the
place where the marriage wass solemnized loci celebrationis). Hence, even if sterility is not a ground
nized (lex loc
to annul the marriage under der Philippine law, th the
t marriage is nevertheless voidable under English law.
Therefore, annulment of the he marriage in England
Eng
En is valid in the Phils.
h

If a will is execute
executed
execu testator who is a Filipino citizen, what will govern if the will is executed
d by a testato
testat
in the Phils.? What
hat law will govern iif the will is executed in another country?
C

If the will
ill is executed in the Phils, Philippine law will govern the formalities. If he executes his
will in another country,
untry, the law of the country where he may be or Philippine law will govern the
formalities.
o

As regards to the substantive validity, the Philippine law will govern, whether he executes his
will in the Phils or in a foreign country.
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When the acts referred to are executed before the diplomatic

diplo or consular officials of the
Republic of the Philippines in a foreign country, the solemnities
nities established
es esta
establis by Philippine laws shall be
observed in their execution.

r
Prohibitive laws concerning persons, theirr acts
ts or property, and those which have for their
object public order, public policy and good customs shall not b be rendered ineffective by laws or

Ba
judgments promulgated, or by determinations agreed upon in a foreign country.
ns or conventions ag

Barreto v. Gonzales, 1933

Litigants by mutual agreement

ement
ent can
ca nnot compel
mpe
pe the courts to approve their own actions or permit
the personal relations of the citizens these Islands to be affected by decrees of foreign courts in a
ns of thes

es
manner which our Government
ment contrary to public order and good morals.
nt believes is contr
con

CHAPTER 2
Human Relations
bl
nciple of Abuse of
The principle o Rights is founded on Article 19 which states that “Every person must,
in the exercise
ercise
e of his rights and
an in the performance of his duties, act with justice, give everyone his
due, andd observe honesty and good faith.”
o

This happens
pp when the right is exercised for the purpose of prejudicing or injuring another. For

r
instance, in
i Uypit
ypit
Uypitching v. Quiamco, 2006, the petitioner corporation abused the exercise of its right as
seller-mortgagee.
sell
seller -mortgag
ortgag While it is true that a mortgagee may take steps to recover the mortgaged property to
enable it to enforce or protect its foreclosure right, there is, however, a well-defined procedure for the
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Ba
recove of possession of mortgaged property: if a mortgagee is unable to obtain possession off a
recovery
mortgaged
mortg
ortg property for its sale on foreclosure, he must bring a civil action either to recover such
possession
po as a preliminary step to the sale, or to obtain judicial foreclosure. Article 19, also known as the
an

"principle of abuse of right," prescribes that a person should not use his right unjustly or contrarycontr to
honesty and good faith, otherwise he opens himself to liability. It seeks to preclude thee usee of, or the
tendency to use, a legal right (or duty) as a means to unjust ends.

es
For this principle to apply, the following requisites must be present:

1. There is a legal right or duty;

2. Which is exercised in bad faith;
bl
3. For the sole intent of prejudicing or injuring another

Good faith means the intention to abstain from taking

kingg an unconscionable
unconscionab
unconsciona and unscrupulous
advantage of another.
o

Article 20. Every person who, contrary to law,, wilfully or negligently

negligent causes damage to another,
negligen
shall indemnify the latter for the same.
R

Speaks of the general sanction for all other law which do not especially provide their
her provisions of la
own sanctions. Art. 20 does not distinguish,
h, the actt may be done
don either willfully or negligently, as long as
do
the act is be contrary to law.
an

For instance, Petitioners weree denied of irri

irrigation water for their farm in order to make them
irrig
vacate their landholdings.

Article 21. Any person

rson who wilfully causes loss or injury to another in manner that is contrary
h

to morals, good customs

oms or public policy shall compensate the latter for the damage.
toms

ACTS CONTRA BONUS

ON MORES
C

It is intended
tended i the countless gap of the statutes, which leave so many victims of moral
ended to fill in
wrongs helpless, even though
thou they have actually suffered material and moral injury.
tho
o

For instance, “A” seduces the 19 yr old daughter of “X”. The girl becomes pregnant. Under the
present laws, there is no crime bec. the girl is above 18. Neither can there be any civil action for breach of
promise to marry. Article 21 is designed to fill in the gaps in the statutes.
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Note however, that while a breach of promise to marry is not actionable, it has been held that to
formally set a wedding and go through and spend for all the wedding
edding prepreparations and publicity, only to
walk out of it when the matrimony was about to be solemnized
mnized different matter. Such act is palpably
zed is a differen

r
and unjustifiably contrary to good customs for which the
he defendant
ant must be held answerable for damages
in accordance with Art. 21 of the NCC.

Ba
ELEMENTS:

1. There is an act which is legal;

2. But which is contrary
ry to morals,
m good
ood customs,
cu public order, or public policy;
3. th intent
And it is done with ntent to injure

es
• Under Arts. 19 & 21 the act must be d
done intentionally.

DBP v. CA, 1994

If the third
hird person
on dealing with
w an agent is unaware of the limits of the authority conferred by the
bl
principal on thee agent and he (third
(thi person) has been deceived by the non-disclosure thereof by the agent,
then the latterer is liable for damages
da to him (V Tolentino, Commentaries and Jurisprudence on the Civil
Code of the Philippines, p p. 422 [1992], citing Sentencia [Cuba] of September 25, 1907). The rule that the
agent
ent is liable when he acts
a without authority is founded upon the supposition that there has been some
o

wrongg or omission on his part either in misrepresenting, or in affirming, or concealing the authority under

r
which he assume
assumes to act (Francisco, V., Agency 307 [1952], citing Hall v. Lauderdale, 46 N.Y. 70, 75).
Inasmuch
nasmuch as th the non-disclosure of the limits of the agency carries with it the implication that a deception
was perpetr
perpetrated
perpet on the unsuspecting client, the provisions of Articles 19, 20 and 21 of the Civil Code of
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Philippines come into play.
the Ph
Philip

Article 22. Every person who through an act of performance by another, or any other means, ns,
an

acquires or comes into possession of something at the expense of the latter without just or legal ground,
egal gr
shall return the same to him.

es
ACCION IN REM VERSO

This provision is intended to prevent unjust enrichment. No person can

an claim what is not validly
v
and legally his or hers. In order for the action under accion in rem verson
son to prosper, the following
f
requisites must be present:
bl
1. Defendant has been enriched
2. Plaintiff suffered a loss
3. Enrichment of defendant is without just or legal
egall ground. contract is declared void, there
ground If contra
o

should be restitution.
4. Plaintiff has no other action based on contract, quasi-cont
quasi-contract,
quasi ont crime, or quasi-delict

The action based on Art 22 must be distinguished

tinguished solutio indebiti: Mistake is an essential
shed from solut
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element in solutio indebiti but not in accion in

n rem
em verso

Art. 26 is intended for the Protection

tection Dignity. Article 26 provides that “Every person
ion of Human Dig
an

shall respect the dignity, personality,y, privacyy and peace o

of mind of his neighbors and other persons. Acts
which, though not criminal, produce uce cause of action for
fo damages, prevention, and other relief:
1. Prying into thee privacyy of another’s
another’ residence;
2. Meddling with h or disturbing the private life or family relations of another;
3. ng to cause another to
Intriguing t be alienated from friends;
h

4. Vexing
ng or humiliating another
ano on account of his religious beliefs, lowly station in life,
place of birth, physical
ysical defect, or other
othe personal condition

Article suffering material or moral loss because a public servant or employee

cle 27. Any person ssu
C

ects, without just

refuses or neglects, j cause, to perform his official duty may file an action for damages and
other relief against latter, without prejudice to any disciplinary administrative action that may be
st the lat
taken.
o

This is intended to provide Relief Against Public Officials.

A public officer who commits a tort or other wrongful act, done in excess or beyond the scope
of his duty, is not protected by his office and is personally liable therefore like any private individuals.
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For instance, where a Register of Deeds assisted in the fraudu

fraudulent procurement of a cert. of title
in violation of the the Property Registration Decree.

r
On CIVIL ACTIONS

Article 29 provides that “When the accused

used in a criminal pro
prosecution is acquitted on the ground

Ba
that his guilt has not been proved beyond reasonable civil action for damages for the same act
asonable doubt, a ci
civ
or omission may be instituted. Such actionn requires only a pr
preponderance of evidence.
pre

If in a criminal case the judgment

gmen of acquittal
uittal is based upon reasonable doubt, the court shall
cquittal
so declare. In the absence of any ny decla
declarati to that
declaration tha
h effect, it may be inferred from the text of the
decision whether or not the acquittaltal is due to
t that ground.”

es
ion for damages for tthe same act or omission may be instituted and requires only
Here, a Civil Action
a preponderance of evidence.
de

Article 30. Whenn a separate

separat civil action is brought to demand civil liability arising from a criminal
bl
nd no criminal proceedings
offense, and proc
pro are instituted during the pendency of the civil case, a
preponderance
erancece of evidence shall
s likewise be sufficient to prove the act complained of.

Whe the civil action is based on an obligation not arising from the act or omission
Article 31. When
o

complained
lained of as a felony,
fe such civil action may proceed independently of the criminal proceedings and

r
regardless of the result of the latter.

Her the Civil Obligation did not arise from felony but from other sources.
Here,
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Ba
For Example, culpa aquiliana, under art. 2176 “Whoever by act or omission causes damage ge to
another,
an there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence,
ce,
an

there being no pre-existing contractual relation between the parties is called quasi-delict.”

“Responsibility for fault or negligence under art. 2176 is entirely separate and distinct
tinct from the

es
civil liability arising from negligence under the Revised Penal Code.”

Similarly on Culpa contractual, for instance, a Driver was acquited ed of criminal negligence
neg
negli
(homicide through reckless imprudence) because his guilt was not proven beyond
ond reasonable doubt,
do
d the
Bus company may be sued for failing to transport his passenger safely.
bl
Independent Civil Actions include the following:

Under Article 32, on violation of civil liberties, the aggrieved

rieved party has a right to commence an
o

entirely separate and distinct civil action for damages, s, and relief. Such civil action shall
d for other rel
proceed independently of any criminal prosecution (if iff the latter be institu
instituted), and may be proved by a
preponderance of evidence.
R

Under Article 33, in cases of defamation,

tion, physical injuries a civil action for damages,
n, fraud, and phys
ph
entirely separate and distinct from the criminal
riminal action,
ction, may be
b brought by the injured party. Such civil
action shall proceed independently of the criminal prosecution,
prose
prosecu and shall require only a preponderance
an

of evidence. Defamation may include de libel, Fraud

Frau –estafa and Physical Injuries includes homicide but not
reckless imprudence resulting to homicide
micide

Article 34. When a member

ember of a city oor municipal police force refuses or fails to render aid or
protection to any personon inn case of danger to life or property, such peace officer shall be primarily liable
h

for damages, and the he

e city or municipal
municipali
municipality shall be subsidiarily responsible therefor. The civil action
herein recognized independent of any criminal proceedings, and a preponderance of evidence
d shall be independe
independen
shall suffice to action.
o support such action
C

Refusall of Police to render

re air or protection to person in danger of life or property.

On Prejudicial Questions
ion
o

Generally, where criminal and civil cases arising from the same facts are filed in court, the criminal
case takes precedence.
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Except: when there is a prejudicial question or a questionion tha

that arises in a case, the resolution of
which is a logical antecedent of the issue involved herein, and
d the
he cognizance
cogn
cogniza of which pertains to another
tribunal. The following are the elements of a prejudicial question:
uestion
stion:

r
1. timately
tely related to the
The Civil action involves an issue intimately th issue in criminal action
2. The Resolution of issue in civil case determines whether or not the criminal action may
ermines whe

Ba
proceed; and
3. the Cognizance of civil casee pertains to anothe
another tribunal

Another exception would bee the ccase when

hen
n the llaw provides that both civil and criminal case can
h ass in the
be instituted simultaneously such t case
c off independent
in civil actions. (Beneitez v. Conception, 2
SCRA 178).

es
8
Landicho v. Relova, 1968

The Courtt held

eld that the validity
validit of the marriage is not a prejudicial question, and thus may not
suspend the bigamy
gamy case.e. Parties to a marriage should not be permitted to judge for themselves its nullity,
bl
only competent such authority. Prior to such declaration of nullity, the validity of the first
tentt courts having su
marriage is beyond
bey ond question. A party who contracts a second marriage then assumes the risk of being
eyond
prosecuted
ed for bigamy.
cuted
o

Donato
to v. Luna, 1988
19

r
The Co
Court held that the issue before the Juvenile and Domestic Relations Court touching upon the
nullity of the
th second marriage is not determinative of petitioner Donato’s guilt or innocence in the crime
R

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of bigam
bigamy.
biga A case of annulment of marriage can be considered a prejudicial question to the bigamy case ase
against
gain the accused, only if it is proved that the petitioner’s consent to such marriage was obtained
agains ed by
means
me of duress,force and intimidation in order to establish that his act in the subsequent marriage was
an

an involuntary one and such the same cannot be the basis forconviction. In the case at bar, r, petitioner
p
peti
failed to sufficiently show that his consent to the second marriage has been obtained by the use of
threats,force and intimidation.

es
Furthermore, it was petitioner’s second wife, Abayan, who filed the complaint
int for annulment of
mplaint
the second marriage on the ground that her consent was obtained through h deceit, knowing that
eceit, not knowi
knowin
petitioner’s first marriage was still subsisting.
bl
Wiegel v. Sempio Diy, 1986

The Court held that their marriage is not void, but is voidable.
oidable.
able. The presenc
presence of force only makes
a marriage voidable, not void. Such marriage is valid until annulled.
nulled. Since no aannulment has yet been
o

made, it is clear that when she married Karl, she is still validly
alidly married to her
he first
f husband.Consequently,
her marriage to Karl is void.

TITLE
LE I
R

CIVIL
VIL PERSONALI
PERSONALITY
T

CHAPTER 1
an

General Provisions
Gene Provi

Article 37. Juridical capacity,

apacity, which is the fitness to be the subject of legal relations, is inherent
in every natural person and nd is lost only throug
through death. Capacity to act, which is the power to do acts
with legal effect, is acquired
uired
e and d may be lolost.
los
h

Juridical capacity is acquired fr

ffrom his birth. But even prior to his birth, when a child is still in the
mother’s womb, b, the law grants his provisional personality. Under P.D. 603, the Civil personality of a child
commences from om conception forfo all purposes that are favorable to it, subject to compliance with the
C

requisites of art.
rt.. 41.

ha
On the other hand, capacity to act is not inherent in a person. It is attained and conferred and
o

may even be lost not only by but by valid causes.

Article 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil
interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from
R

certain obligations, as when the latter arise from his acts or from property relations, such as easements.
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Article 39. The following circumstances, among others,

thers,
ers, modif
mo
modify or limit capacity to act: age,
enalty,
alty, prodigality,
insanity, imbecility, the state of being a deaf-mute, penalty, prodigality family relations, alienage,

r
absence, insolvency and trusteeship. Capacity to actt is not limited
imited on account
a of religious belief or
political opinion.

Ba
A married woman is qualified for all acts of civil life, except
exce in cases specified by law.

CHAPTER 2
Natural
tural Persons
al Pers

Article 40. Birth determines personality;

rminess personali
personal ty but the conceived child shall be considered born for

es
all purposes that are favorablee to it, provided it be born later with the conditions specified in the
able
following article.

P.D. 603. Civill Personality of a child

c shall commence from conception subject to Art. 41 of the
Civil Code.
bl
Geluz v. CA, G.R.
No. L-16439, July 20, 1961

Facts: Nita Villanueva

Vi came to know the defendant (Antonio Geluz) for the first time in 1948
— through gh her aaunt Paula Yambot. In 1950 she became pregnant by her present husband before
o

they were lega

le
legally married. Desiring to conceal her pregnancy from her parent, and acting on the

r
he aunt, she had herself aborted by the defendant. After her marriage with the plaintiff,
h
advice of her
ag
agai became pregnant. As she was then employed in the Commission on Elections and her
she again
R

preg
pregn
pregnancy proved to be inconvenient, she had herself aborted again by the defendant in October

Ba
19
1953. Less than two years later, she again became pregnant. On February 21, 1955, accompanied
by her sister Purificacion and the latter's daughter Lucida, she again repaired to the defendant's
clinic on Carriedo and P. Gomez streets in Manila, where the three met the defendant and his wife.
an

Nita was again aborted, of a two-month old foetus, in consideration of the sum of fifty pesos, os,
Philippine currency. The plaintiff was at this time in the province of Cagayan, campaigning foror his
election to the provincial board; he did not know of, nor gave his consent, to the abortion.

es
ion and award
It is the third and last abortion that constitutes plaintiff's basis in filing this action awar
of damages.

Held: Since an action for pecuniary damages on account of personal onal injury or death
pertains primarily to the one injured, it is easy to see that if no action foror such
uch damages coulcould be
bl
instituted on behalf of the unborn child on account of the injuries it received, no such rright ri of
action could derivatively accrue to its parents or heirs. In fact, even
en if a cause of action ddid accrue
on behalf of the unborn child, the same was extinguished byy its pre-natal pre
p -natal
natal death,
deat since no
dea
transmission to anyone can take place from on that lacked juridical
ridical
cal personality (or ju
juridical
j capacity
as distinguished from capacity to act). It is no answer to o invoke
oke the provision
provi
provisional personality of a
o

conceived child (conceptus pro nato habetur) under Article

rticle
icle 40 of the Civil Cod
Co
Code, because that same
article expressly limits such provisional personality by imposing the condition
condit that the child should
be subsequently born alive: "provided it be born n later with the condition
conditio
condit specified in the following
R

article".

In the present case, there is no

o dispute that
hat the child was dead when separated from its
vil personality.
mother's womb. He did not acquire a civil personality.
an

btain
But the parents can obtainn damages in their
thei own
o right against the Doctor who caused the
istress and angu
abortion on account of distress ang uish attendant
anguish att
at to its loss and disappointment of their
parental expectation.

Article 41. Forr civil foetus is considered born if it is alive at the time it is completely
vil purposes, the fo
h

delivered from the e mother's womb. Ho However, if the foetus had an intra-uterine life of less than seven
months, it is not
ott deemed born if it dies
d within twenty-four hours after its complete delivery from the
maternal womb.
mb.b.
C

The unborn
orn child has
ha the right to support from its progenitors.

It may receive donations

o

If preterited in the testament of parents. It will result in the annulment of the institution of heirs,
even if born after the death of the testator.
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It may succeed to inheritance.

Article 42. Civil personality is extinguished by death.

ath.
h.

r
ligations
tions of the deceased
The effect of death upon the rights and obligations dece is determined by law, by
contract and by will.

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etween two or more
Article 43. If there is a doubt, as between mor persons who are called to succeed each
other, as to which of them died first, whoever er alleges the death
d of one prior to the other, shall prove
the same; in the absence of proof, it is pr
presumed they died at the same time and there shall be
ed that th
no transmission of rights from one ne to the
th ot
other.

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CHAPTER 3
JJuridical Persons

Article 44.. The

he following are ju
juridical persons:
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(1) The
e State and its poli
pol
political subdivisions;

(2
2) Other corporations,
(2) corporat
corpora institutions and entities for public interest or purpose, created by law;
their begin as soon as they have been constituted according to law;
eir personality begins
o

r
Corporations, partnerships and associations for private interest or purpose to which the
(3) Corpo
aw grants a juridical
law ju personality, separate and distinct from that of each shareholder, partner or
member.
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Article 46. Juridical persons may acquire and possess property of all kinds, as well as incur
obligations and bring civil or criminal actions, in conformity with the laws and regulations of their
ob
an

organization.

THE FAMILY CODE OF THE PHILIPPINES

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TITLE I
MARRIAGE

Chapter 1. Requisites of Marriage

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Art. 1. Marriage is a special contract of permanent union between
ween a man and a woman entered
into in accordance with law for the establishment of conjugal and d family life. It is the
t foundation of the
family and an inviolable social institution whose nature, consequences,
equences, and inc
onsequences, incidents
in are governed by
o

law and not subject to stipulation, except that marriage ge settlements m fix the property relations
ttlements may
during the marriage within the limits provided by thiss Code.
Code

What is the Nature of Marriage?

R

By the contract of marriage, a man an and a woman enter

ente a joint life, acting, living and working as
one. Whether under the common law or under the civil law, la upon marriage the husband and the wife
an

become one single moral, spiritual and social

al being,
be only for purposes of procreation but also for the
not o
purpose of mutual help and protection,
tection,
on, physically,
physically, mmorally and materially. There is between them a full
and complete community of existence. e. (Saclolo v. CAR,
C 1960)

The State recognizes es the sanctity of ffamily life and shall protect and strengthen the family as a
nizes
h

basic social institution.

n. (Sec. Art. II)
Sec. 12, Art.

The State
te recognizes the family
ate fam as the foundation of the nation. Accordingly, it shall strengthen
fa
its solidarity and
d actively promote
promot its development. (Sec. 1, Art. XV)
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Marriage is an inviolable
invi
invio social institution and the foundation of the family and shall be protected
by the State. (Sec. 2, Art.
Art XV) Ex. Company policy disqualified from work any woman worker who contracts
o

marriage. This violates the equal protection clause.

The right to marry, establish a home and bring up children is a central part of the liberty protected
by the due process clause.
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Breach of promise to marry, per se, is not an actionablee wrong (Hermosisima v. CA), except in
the following cases:

r
1. Where there is fraud or deceit; the promise to marry was as the proximate
proxi cause by which she gave
herself to him and there is proof that he had
d no marry.
o intention to ma
2. If expenses are actually incurred, formally
mally setting
tting the wwedding and going through all the

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preparations (Wassmer v. Velez)
3. Where a woman was abducted and raped; and promised marriage to escape financial
responsibility; and thereafter the mann renege on th
the promise

Marriage falls within the ambitbit of

o constitutional
co o right of association. Once married, a couple has
tion
the right to privacy which is protected
ected gainst
gain all undue and unwarranted govt. Intrusion. However,

s
marriage cannot be used ass basis sspouse’s right to privacy (execpt upon lawful order of courts,
asis to violate a spo
when public safety or order er requires Accordingly, the intimacies betweeen husband and wife do not
requires. Accor

e
justify any one of them
em to break the dra drawers and cabinets of the other and in ransacking them for any
draw
telltale evidence of marital infidelity
bl
Communication
munication between
mmunication betwee husband and wife is privilege. Neither the husband nor the wife may
testify forr or against the othe
other without the consent of the affected spouse while the marriage subsists.

Duncan
ncan Glox, 438 SCRA
n v. Glox, SCR 342
o

r
Facts: Employment
Em contract requiring an employee to disclose to mgt. any existing or future
relationship by consanguinity or affinity with co-employees or employees of competing drug companies
and requring
requrin such employee to resign should mgt finds that such relationship poses a possible conflict of
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interest
interes wwas not held to be in violation of equal protection clause.

Held: Such policy is reasonable under the circumstances bec. such relationship might compromise
ise
an

the interest of the company

Star Paper v. Simbol, 487 SCRA 228

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Facts: Company policy provided that in case two of their employees decide
de to
o get married, one
on
of them shall resign.

n.
Held: This is illegal because it has no legitimate business concern.
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Legislative Control of Marriage

Marriage is a special contract because unlike an ordinary

inary
ry contract which is primarily governed by
o

the stipulations of the parties, a marriage is primarily governed

verned
d by law, except
exc marriage settlements.

The laws regulating civil marriages are necessary

essary interest, safety, good order, comfort
ssary to serve the inte
int
or general welfare of the community and the partiess can waive not nothing essential to the validity of the
no
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proceedings. (Manuel v. People, G.R. No. 165842,2, Nov. 29, 2005)

5842, 2005

Marriage can be made a statutoryory basis for limiting

limitin one’s capacity to act or for effecting one’s
an

right to acquire property. Exs. Art. 823 (Witness

ness to a will) Art. 874 (Condition not to contract marriage)

Art. 823. If a person

son attests
sts the execu
execution of a will, to who or to whose spouse , a
devise or legacy is given
n by such will, such devise or legacy shall be void.
ven
h

Art. 874.
4.. An absolute condition
condit not to contract a first or subsequent marriage is
prohibited and therefore void, unless
u such condition is imposed on the widow or widower
by the deceased
ceased spouse or by his ascendants or descendants.
eceased
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The Property Relations

elation of the spouses
elations

May be fixed in
in marriage settlements but cannot contravene manadatory provisions of the Family
o

Code. Ex. Cannot be amended or terminated except by court decision; it becomes effective upon the
celebration of marriage.

As regards to the Laws governing the validity of marriage

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Whether the marriage is valid or not, it is to be tested byy the law

la in force at the time the marriage
was contracted. Marriages are governed by the law enforced ed at the time
tim of their celebration and any
interpretation of the law must always be made upholding ng its validity. Ex. Civil Code of 1950 prohibits

r
marriage bet. Stepbrother and step sister - and thereforeore Void

Art. 256, FC shall have retroactive effectt insofarr as it does not

n prejudice or impair vested right.

Ba
The retroactivity clause is a general provisionon of law and does not directly and expressly validate a
previously void marriage. Void marriages can an not be ratified. In I certain instances, although void, vested
rights can be acquired from such relationship p like
ke those which
whi may refer to property relaionships.

R.A. 853 amended Art. 39 9 deleting

letin the
th precriptive
ript
p period of 10 years within which to file for nullity
of marriage whether the marriage
riage was celebra
celebrated
celebr before or after Aug. 3, 1988, even if the ground was

es
not statutorily provided as basis
sis for declaring a marriage void under the Civil Code.

Tilar v. Tilar
G
G.R. No. 214529; July 12, 2017
bl
hough,
gh, marriage is considered
Although, c a sacrament in the Catholic church, it has civil and legal
encess which are governed
consequences gove
gov by the Family Code. As petitioner correctly pointed out, the instant
on only seeks to nullify
petition null
nullif the marriage contract between the parties as postulated in the Family Code
of the Philippines; and the
t declaration of nullity of the parties' marriage in the religious and ecclesiastical
o

matter. Notably, the proceedings for church annulment which is in accordance with the
aspectt is another ma

r
norms of Canon Law L is not binding upon the State as the couple is still considered married to each other
in
n the eyes of the
t civil law. Thus, the principle of separation of the church and state finds no application
in this case.
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These grounds may be invoked and proved in a petition for annulment of voidable marriage or in
appetition for declaration of nullity of marriage, which can be decided upon only by the court exercising ing
an

jurisdiction over the matter. Section 19 of BP Blg. 129 provides that: “RTCs shall exercise exclusive original
sive o
jurisdiction: In all actions involving the contract of marriage and marital relations.”

es
Delgado v. Rustia, G.R. No. 155733, January 27, 2006

Although a marriage contract is considered a primary evidence of marriage, riage, its absence is not
always proof that no marriage in fact took place. Once the presumption of marriage
riage arises, other evidence
may be presented in support thereof. The evidence need not necessarily or directly establish tthe marriage
bl
but must at least be enough to strengthen the presumption of marriage,iage,
e, like the the passport issued to
he pas
the wife showing her married name, the declaration under oath off no less than the husband
hu that he was
married to his wife and the titles to their properties more than support the presumption of
n adequately suppor
suppo
marriage. These are public documents which are prima facie evidence
e evidenc facts stated therein.
vide e of the fact
o

Second, Elisa vda. de Anson, petitioners’ own witness whose testim

testimony
te stim they primarily relied upon
to support their position, confirmed that Guillermoo Rustia had proposed
propose marriage to Josefa Delgado and
that eventually, the two had "lived together as husband
band and wife." This again could not but strengthen
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the presumption of marriage.

Petitioners failed to rebut the presumption marriage

sumption of marr
m of Guillermo Rustia and Josefa Delgado.
an

In this jurisdiction, every intendment nt of thee law leans toward

to legitimizing matrimony. Persons dwelling
together apparently in marriage are presumed
presumed to be b in fact married. This is the usual order of things in
society and, if the parties are not what at they hold tthemselves out to be, they would be living in constant
violation of the common rulesles of law and propriety.
proprie Semper praesumitur pro matrimonio. Always presume
marriage.
h

Eugenio Sr. v. Velez,

ez,, 1990
ez 199

A man
an and woman not legally married who cohabit for many years as husband and wife, who
C

mselves
selves to the public
represent themselves p as husband and wife, and who are reputed to be husband and wife in
the community wherehere they live may be considered legally married in common law jurisdictions but not in
the Philippines.
o

Art. 2. No marriage shall be valid, unless these essential requisites are present: (1) Legal capacity
of the contracting parties who must be a male and a female; and (2) Consent freely given in the presence
of the solemnizing officer.
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LEGAL CAPACITY OF THE CONTRACTING PARTIES WHO MUST BE A MALE

M AND A FEMALE

Art. 5. Any male or female of the age of eighteen

n years
ears or upwards not under any of the

r
impediments mentioned in Articles 37 and 38, may contract
ontract marriage.

Marriage must be between a man and a woman.

Ba
ies are male and fe
Legal capacity means that the parties female; at least 18 years of age (Art. 5); not
related to each other, or that the marriage iss incestous
ncesto (Ar
(Art. 37) or void on the grounds of public policy
(Art. 38).

78689,, Oct. 19, 20

Silverio v. Republic, G.R. No. 178689, 2007

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Facts: Petitionerr had
d a biological
biologica sex change. He wanted to amend his birth dertificate in order to
get married.

Held: Denied. There

here is no llaw that authorizes gender sex re-assignment
bl
Republic v. Cagandahan,
agandahan, G.R. No. 166676, Sept. 12, 2008

Facts: Petitione
Petitioner has congenital adrenal hyperplasia, meaning he has both male and female
o

characteristics
cteristics and organs.
or While genetically female, she secreted male hormones, did not develop breast,

r
and had no menstrual
menst
men period. In her mind and emotion, she felt like a male person.

Hel
Held
Held: Petitioner is intersex and was granted preference to be male and allowed to amend her
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birth ccertificate.
cert The Court also granted his prayer for a change of her name from Jennifer to Jeff.

Art. 37. Marriages between the following are incestuous and void from the beginning, whether
her
an

relationship between the parties be legitimate or illegitimate: (1) Between ascendants and descendants
descen
of any degree; and (2) Between brothers and sisters, whether of the full or half blood.

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Art. 38. The following marriages shall be void from the beginning for reasonssonss of public polic
policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degr
degree;
(2) Between step-parents and step-children; (3) Between parents-in-law w andnd children-in-law;
children
children-in
n-law
la (4)
Between the adopting parent and the adopted child; (5) Between the surviving ng spouse of the adopting
viving
parent and the adopted child; (6) Between the surviving spouse of thee adopted
opted child and tthe adopter;
bl
(7) Between an adopted child and a legitimate child of the adopter; r; (8) adopted children of
8) Between adopt
adop
the same adopter; and (9) Between parties where one, with the intentiontion to marry the other, killed that
ntention
other person's spouse, or his or her own spouse.
o

Art. 14. In case either or both of the contracting rties, not having
ng parties, havin
ha been emancipated by a
previous marriage, are between the ages of eighteen and twenty-one,
twenty-one, they
twenty- the shall, exhibit to the local civil
registrar, the consent to their marriage of their father,
her, mother, surviving
ther, survivin parent or guardian, or persons
having legal charge of them, in the order mentioned.
oned.
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Art. 21. When either or both of thee contracting

cting parties are citizens of a foreign country, it shall be
necessary for them before a marriage license
nse can be obtain
obta
obtained, to submit a certificate of legal capacity to
an

contract marriage, issued by their respective

espective dip
diplomatic oor consular officials.

icate of legal capacity

However, if no certificate capacit was obtained and presented and yet the marriage
license was issued, the marriageage celebrated on tthe basis of such marriage license shall not be considered
rriage
rregularity.
gularity. ((Garcia
void for it is merely an irregularity. Garcia v.
v Recio, 2001)
h

Stateless persons or refugees ffrom other countries shall, in lieu of the certificate of legal capacity,
submit an affidavit
avit stating the circu
davit circumstances showing such capacity to contract marriage.
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CONSENT FREELY
ELY
LY G IVEN IN THE
GIVEN T PRESENCE OF THE SOLEMNIZING OFFICER

Consent would include

de marriage entered into for the purpose of acquiring american citizenship.
o

Republic v. Albios, G.R. No. 198780, October 16, 2013

For consent to be valid, it must be (1) freely given and (2) made in the presence of a solemnizingg
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officer. A "freely given" consent requires that the contracting parties willingly and deliberately enter into
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the marriage. Consent must be real in the sense that it is not vitiated
ated nor
n rendered defective by any of the
vices of consent under Articles 45 and 46 of the Family Code, suchch as fraud,
ffraud force, intimidation, and undue
influence. Consent must also be conscious or intelligent, in
n that
at the parties mmust be capable of intelligently

r
understanding the nature of, and both the beneficiall or unfavorable consequences of their act. Their
vorable con
understanding should not be affected by insanity, intoxication,
ication, drugs, or
ntoxication, o hypnotism.

Ba
Mutual consent is necessary to every contract; jest is not a marriage at all; if the spouses
ract; a marriage in je
agree to a marriage only for the sake of representing it as such to the outside world and with the
understanding that they will put an end to itt ass soon as it has served its purpose to deceive, they have
never really agreed to be married at all. They must ust assent
ass to enter into the relation as it is ordinarily
understood, and not as merely a pretence,
etenc o or cover, r to
t deceive others.

es
A marriage is valid if itt is entered into ssolely for the husband to gain entry to the United States.
Here, a valid marriage couldd not be avoided ""merely because the marriage was entered into for a limited
ould
purpose.” That their consent
nsent was freely ggiven is best evidenced by their conscious purpose of acquiring
American citizenship marriage. Such plainly demonstrates that they willingly and deliberately
hip through marriage
marriag
contracted the marriage.e. There waswa a clear intention to enter into a real and valid marriage so as to fully
bl
comply with h the requirements of an application for citizenship. There was a full and complete
understanding
ndingg of the legal tie that would be created between them, since it was that precise legal tie
which was accomplish their goal.
as necessary to ac
acc
o

Art. 3. The formal

fo requisites of marriage are: (1) Authority of the solemnizing officer; (2) A valid

r
marriage license eexcept in the cases provided for in Chapter 2 of this Title; and (3) A marriage ceremony
which takes place
pl
p with the appearance of the contracting parties before the solemnizing officer and
their perso
personal declaration that they take each other as husband and wife in the presence of not less
person
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than
tha two witnesses of legal age.

The mere fact that the priest, failed to send a copy of the marriage certificate to the municipal
pall
an

secretary does not invalidate the marriage in articulo mortis. The forwarding of a copy of the marriage
he ma
certificate is not one of the requisites of marriage. (Madridejo v. De Leon, 1930)

es
1. The AUTHORITY OF THE SOLEMNIZING OFFICER is presumed

Art. 7. Marriage may be solemnized by:

sdiction;
(1) Any incumbent member of the judiciary within the court's jurisdiction;
bl
(2) Any priest, rabbi, imam, or minister of any church orr religious
igious sect duly authorized by his
church or religious sect and registered with the civil registrarr general, acting wi
within
wit the limits of the
written authority granted by his church or religious sect ect and provided th that at least one of the
o

contracting parties belongs to the solemnizing officer's church

h or religious se
sect;

(3) Any ship captain or airplane chief only in the case of marriage
marria in Articulo Mortis;
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An assistant pilot cannot solemnize marriage

rriage if the airplan
airp
airplane chief dies.

(4) Any military commander of a unit to which a chaplain is assigned, in the absence of the
an

latter, during a military operation, likewise only in the

the ccase of marriage in Articulo mortis;

Must be a commissioned
ned officer;
er; parties maybe
m soldiers or civilians; in the absence of a chaplain.

(5) Any consul-general,

neral, consul or vi
general, vice-consul
v in the case of marriage between filipino citizens
h

abroad. (Vienna Convention

ntion of 1963)
vention

Art. 10.
0. Marriages between
betwee Filipino citizens abroad may be solemnized by a consul-general,
consul or vice-consul
ce-consul
consul of the Republic
Rep of the Philippines. The issuance of the marriage license and the
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duties of the local

ocal
cal civil registrar
registr and of the solemnizing officer with regard to the celebration of marriage
shall be performededd by said consular official.
o

Contracting parties must be Filipino citizens except under Art. 26, if the marriage is recognized as
valid in the host country. Consuls cannot solemnize marriage in the Phils.

Mayors may solemnize marriage, Chapter 3, Art. 1 Sec. 424, Local Government Code
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Vice Mayor may, if acting as Mayor or designated as Acting

cting M
Mayor. (People v. Bustamante, G.R.
No. L-11598 January 27, 1959)

r
Good Faith Marriage

Under Art. 35 (2) a marriage solemnized by a person

rson not lega
legally authorized to perform marriages

Ba
is VOID because of absence of a formal requisite,
ite, marriage was contracted with either or both
te, unless such marr
parties believing in good faith that the solemnizing
mnizing officer had the legal authority to do so;

2. MARRIAGE LICENSE

Art. 9. A marriage license

nse shall
all be issued
issu by the local civil registrar of the city or municipality

s
where either contracting party
artyy habitually resides.
resid
reside

e
It is Issued byy thehe Local Civil Regi
Reg
Registrar of the place where the marriage application was filed. If
issued by the Localal Civil
vil Registrar wher
where parties do not reside, it will still be valid.
bl
It is valid
id for 120 days from
fro date of issue; effective in any part of the Philippines but not abroad.

Peoplee v.. Janssen, 1929

192
o

The law doe

does n not impose upon priest or ministers of religion to investigate whether the license was

r
issued where the woman habitually resides. It is sufficient to know that the license has been issued by a
competent offi
official,
off and it may be presumed from the issuance of said license that said official has complied
with his du
duty
dut of ascertaining whether the woman who desires to get married resides habitually in his
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municipality.
munic
municipa

If age was misrepresented to avoid the requirement of parental consent; or that there was no
an

prior marriage and divorce, marriage may not be annulled because of irregularity in obtaining the lic
license.

Art. 18. In case of any impediment known to the local civil registrar or broughtt too his attentio
attention,

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he shall note down the particulars thereof and his findings thereon in the application forr marriage license,
licens
but shall nonetheless issue said license after the completion of the period of publication,
tion, unless order
blication, ordered
orde
otherwise by a competent court at his own instance or that of any interest party.
rty.

Abbas vs. Abbas, GR no.183896. January 30, 2013

bl
If it is proven by sufficient evidence that the marriage license
ense allegedly is fake then the marriage
is void. In this case, the Local civil registrar of Carmona, Cavite issued
ed a license but to another person, thus
ssued
the marriage of the parties is null and void for lack of a validd marriage
arriage license.
licen
o

Bangayan v. Bangayan Gr. No 201061, July 3, 2013

The Local Civil registrar of Pasig issued a certification

fication that the purported Marriage License was not
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issued to parties to the marriage.

Marriages Exempted from License Requirement

uirement
ment
an

1. Marriage in articulo mortis

mortis,
rtis,, Art. 27. In cca
case either or both of the contracting parties are at
the point of death,
h, and
nd shall remain valid
va even if the ailing party subsequently survives.

2. Marriage inn a remote place

place,
pla , Ar
Art. 28. If the residence of either party is so located that there
h

is no means
ans of transportation to enable such party to appear personally before the local civil
registrar.
trar.

3. Marriage
rriage in articulo mortis, Art. 31. A marriage in articulo mortis between passengers or
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crew
w members m may also be solemnized by a ship captain or by an airplane pilot not only while
the ship
ip is at ssea or the plane is in flight, but also during stopovers at ports of call. Art. 32. A
military commander
com of a unit, who is a commissioned officer, shall likewise have authority to
o

solemnize marriages in articulo mortis between persons within the zone of military operation,
whether members of the armed forces or civilians.

4. Marriage among Muslims or among members of the ethnic cultural communities, Art. 33.
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provided they are solemnized in accordance with their customs, rites or practices.
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Code of Muslim Personal Law; Organic Act for the CAR;

AR; disso
dissolutio
dissolution is accordance thereof shall be
recognized

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5. Validation of Marital cohabitation, Art.. 34. No license shall be necessary for the marriage of
a man and a woman who have lived together er as husband and wife for at least five years and

Ba
without any legal impediment to marry each other.
oth

Legal Ratification of Marital Cohabitation

TJ-00
00-1329.
13 March
Manzano v. Sanchez, A.M. No. MTJ-00-1329. h88, 2001.

es
For this provision on legal ratification of
o marital cohabitation to apply, the following requisites
must concur:

1. The mann and

nd woman must have
h been living together as husband and wife for at least five years
before the marriage;
rriage;
bl
2. Thee parties must ha
have no legal impediment to marry each other;

3. The fact of ab
aabsence of legal impediment between the parties must be present at the time of
o

marriage;
ag

r
4.
4 The parties must execute an affidavit stating that they have lived together for at least five years
[and are without
wit legal impediment to marry each other]; and
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5. The solemnizing officer must execute a sworn statement that he had ascertained the
qualifications
qu of the parties and that he had found no legal impediment to their marriage.
an

What is important is that there should be no legal impediment at the time of the celebration
ebra of
marriage.

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MARRIAGE CEREMONY

Article. 8. The marriage shall be solemnized publicly in the chambers

mbersrs of the judge or
o in open
court, in the church, chapel or temple, or in the office the consul-general, vice-consul,
eral, consul or vice-
vice -co
c as the
bl
case may be, and not elsewhere, except in cases of marriages contracted cted on the point of death or in
tracted
remote places in accordance with Article 29 of this Code, or where e both of the parties
pa request the
solemnizing officer in writing in which case the marriage mayy be solemnized at a house or place
designated by them in a sworn statement to that effect.
o

Venue is directory.

Navarro v. Domagtoy, A.M. No. MTJ-96-1088 July 1996; Beso v. Daguman,

ly 19, 1996; D 2000
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Under Article 3, one of the formal al requisites

tes of marriage
marr is the "authority of the solemnizing
officer." Under Article 7, marriage mayy be solemnized by, am among others, "any incumbent member of the
an

judiciary within the court's jurisdiction."

on." Article 8, which is a directory provision, refers only to the venue
cle 8
of the marriage ceremony and does ot alter or qualify
oes not qualif the authority of the solemnizing officer as provided
in the preceding provision. Non-compliance
on-compliance herewith will not invalidate the marriage.
liance herew

A priest who is commissioned

missioned and allowed
ommissioned all
allo by his local ordinary to marry the faithful, is authorized
h

to do so only within the area of the diocese

dioce or place allowed by his Bishop. An appellate court Justice or
a Justice of this Court
ourt has jurisdiction o over the entire Philippines to solemnize marriages, regardless of the
venue, as longg as the requisites of the law are complied with. However, judges who are appointed to
specific jurisdictions,
dictions, officiate in weddings only within said areas and not beyond. Where a judge
tions, may officia
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solemnizes a marriage outsi outside his court's jurisdiction, there is a resultant irregularity in the formal
requisite laid down Article 3, which while it may not affect the validity of the marriage, may subject the
n in Artic
officiating official to administrative
adm liability.
o

Keuppers vs. Murcia, A.M. No. MTJ-15-1860; April 3, 2018

Art. 7. Marriage may be solemnized by: (1) Any incumbent member of the judiciary within the
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court's jurisdiction; x x x x
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Inasmuch as respondent's jurisdiction covers only the

he Island Ga
Garden City of Samal, he was not
y.
clothed with authority to solemnize a marriage in Davao City.

r
ayor and authorize m
A Vice Mayor may act on behalf of the mayor marriages (People v. Bustamante,
1959).

Ba
Common law marriage is not recognized
nized in the Philippines.
Philipp
Philippi Our laws require the intervention in a
valid marriage ceremony of an eccelsistical orr civil functi
functionary authorized by the State to solemnize
marriage.

An exchange of vows can be presume

presumed tto have been made from the testimonies of the witnesses

es
who state that a wedding took
ookk place, since the very
v purpose for having a wedding is to exchange vows of
marital commitment. It would
uld indeed be un unusual to have a wedding without an exchange of vows and
quite unnatural for people
ple not to notice its
eople it absence. (Balogbog v. CA, 1997)

The practice
ractice off the Judge
Judg of requiring the parties to sign the contract before asking their
bl
declaration is highly improper bu
but will not affect the validity of marriage. (Cosca v. Palaypayon, 1994)

Art. 4. The absenc

absen
absence of any of the essential or formal requisites shall render the marriage void
ab initio, stated in Article 35 (2). (Good Faith Marriage)
tio, except as stat
o

r
Art. 35 (2
(2) Those solemnized by any person not legally authorized to perform marriages unless
such marriages
marriage were contracted with either or both parties believing in good faith that the solemnizing
officer had tthe legal authority to do so;
R

Ba
A defect in any of the essential requisites shall not affect the validity of the marriage butt the
party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.
pa
an

Art. 6. No prescribed form or religious rite for the solemnization of the marriage e is required.
required
requ It
shall be necessary, however, for the contracting parties to appear personally before e the solemnizing
he solemnizin

es
officer and declare in the presence of not less than two witnesses of legal age that they
ey take each othe
other
as husband and wife. This declaration shall be contained in the marriage certificate cate which shall be
rtificate
lemnizing
mnizing officer.
signed by the contracting parties and their witnesses and attested by the solemnizing office

In case of a marriage in articulo mortis, when the party at the point int of death is u
un
unable to sign
bl
the marriage certificate, it shall be sufficient for one of the witnessess to
o the marriage to write
w the name
cer.
of said party, which fact shall be attested by the solemnizing officer.

Formal requisite.
o

Marriage Ceremony

Failure to sign the marriage certificate or absence

ence of the mar
marriage certificate does not render the
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marriage void or annullable.

Absence of witness is a mere irregularity.

rregularity.
ularity.
an

Perido v. Perido, G.R. No. L-28248

8 March
arch 12, 197563 SCRA
S 97

The law and public policy

licy favors matrim
matrimony. In marriage, it is the agreement itself of the principal
he presence of the representative
contracting parties in the re
rep of the State which is important.
h

Persons living ng together husband and wife are married to each other. This presumption, especially
acy
where legitimacy cy of the issue is inv involved, as in this case, may be overcome only by cogent proof on the
part of thosee who allege the illegitimacy.
ilill In the case of Adong v. Cheong Seng Gee (G.R. No. 18081
C

March 3, 1922), ) this Court explained

ex the rationale behind this presumption, thus: "The basis of human
society throughout civilized world is that of marriage. Marriage in this jurisdiction is not only a civil
ut the civ
contract, but it is a new
ew relation, an institution in the maintenance of which the public is deeply interested.
o

Consequently, every intendment of the law leans toward legalizing matrimony. Persons dwelling together
in apparent matrimony are presumed, in the absence of any counter-presumption or evidence special to
the case, to be in fact married. The reason is that such is the common order of society, and if the parties
were not what they thus hold themselves out as being, they would he living in the constant violation of
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decency and of law. A presumption established by our Code of Civil Procedure is "that a man and woman man
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deporting themselves as husband and wife have entered into a lawful

lawfu contract of marriage." (Sec. 334,
No. 28) Semper praesumitur pro matrimonio — Always presume
umee marriage."
mar
marriag

r
Art. 26. All marriages solemnized outside the Philippines, accordance with the laws in force
es, in accor
in the country where they were solemnized, and validalid there as ssuch,
uch, shall also be valid in this country,
ch, ssh
except those prohibited under Articles 35 (1), (4), nd (6), 36,
4), (5) and 36, 37 and 38. (17a)

Ba
Art. 35. The following marriages shall
hall be void from the
tth beginning: (1) Those contracted by any
party below eighteen years of age even with thee consent of parents or guardians; (4) Those bigamous or
polygamous marriages not failing under unde Articlecle 41; ((5) Those contracted through mistake of one
contracting party as to the identity
ty of the oth
other; andd ((6) Those subsequent marriages that are void under
Article 53.

es
Art. 36. Psychologically
ychologically incapacitated
ologically incapaci
incapa
Art. 37. Incestous
estous marriages
Art. 38. Public Policy
Void under Publi

Lex loci Celebrationis

Celebrationis.
tionis. A matter
mat of International comity; execpt if repugnant to our laws.
m
bl
Sovereign State
tatee is the conservator
conservato of its own morals and the good order of society.

Example: 1) Proxy marriage; marriage without license

Contracting parties are filipinos, below 18, will not be recognized. Marrying capacity
Exceptions: Con
o

shall be governed by national law. (Art. 15, nationality rule); extra-territoriality

r
Example: 2) Same sex marriage between Filipinos abroad, not valid. Nationality law (extra-
Examp
territoriality)
territoriality
R

Ba
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce
rce is
thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino
the no
an

spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Republic v. Manalo, G.R. No. 221029, April 24, 2018.

es
Based on a clear and plain reading of the provision, it only requires that there
here e be a divorce vali
validly
obtained abroad. The letter of the law does not demand that the alien spouse use should be the one
on who
initiated theproceeding wherein the divorce decree was granted. It doess not whether the
ot distinguish whe
wh
Filipino souse is the petitioner or the respondent in the foreign divorce ce proceeding. The llegislature is
bl
presumed to know the meaning of the words, to have used words advisedly, isedly, and to hav
have expressed its
intent by the useof such words as are found in the statue. Verba legis marriages solemnized
egis Art. 26. All mar
ma
outside the Philippines, in accordance with the laws in force inthe thee country where thtthey were solemnized,
and valid there as such, shall also be valid in this country, exceptept those prohibited
prohibite under Articles 35 (1),
prohibit
o

(4), (5)and (6), 3637 and 38. (17a) Where a marriage between tween a Filipino cicitizen
citize and a foreigner is validly
celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her
to remarry, the Filipino spouse shall have capacity tyy to remarry under Philippine law. (As amended by
Executive Order 227) Art. 15. Laws relating to familyy rights and duties,dut or to the status, condition, and
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legal capacity of persons are binding upon citizens

tizens Philippines, eventhough living abroad. "
ens of the Philipp
Philippin

The provision is a corrective measure

easure aananomaly where the Filipino souse is tied to the
ure to address ana
an

marriage while the foreign spouse is free to o marryunder

ma the laws of his or her country. [Regardless of
who initiates the foreign divorceproceeding,
ceeding, a favorable
eproceeding, favo
favor decree has the same effect upon the Filipino
spouse]Whether the Filipino o spousee initiated tthe foreigndivorce proceeding or not, a favorable
decreedissolving the marriageagee bond and capacitating
capacit his orher alien spouse to remarry will have the same
result:the Filipino spouse
se will effectively be w
without a husband or wife.
h

Recognition of Foreign
oreign Divorce Decree

Racho vs. Tanaka,

naka,
ka, G.R
G.R.. No. 1995
19951
199515; June 25, 2018
C

Mere presentation
sentatio of the divorce decree before a trial court is insufficient. Before a foreign
sentation
divorce decree is recognized
cog in this jurisdiction, a separate action must be instituted for that purpose.
o

Courts do not take judicial notice of foreign laws and foreign judgments; thus, our laws require that the
divorce decree and the national law of the foreign spouse must be pleaded and proved like any other fact
before trial courts.
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Article 26 should be interpreted to mean that it is irrelevantlevant for courts to determine if it is the
foreign spouse that procures the divorce abroad.Once a divorce vorce
ce decree
dec is issued, the divorce becomes
"validly obtained" and capacitatesthe foreign spouse to marry. ry. As held in R
Republic
Re v. Manalo, paragraph

r
2 of Article 26 speaks of "adivorce . . . validly obtained abroad byy the alien sspouse capacitating him or her
to remarry." Basedon a clear and plain reading of the provision, it only requires that there be a divorce
validly obtainedabroad. The letter of the law does oes not demand
emand that the alien spouse should be the one

Ba
who initiatedthe proceeding wherein the divorce granted. It does not distinguish whether the
orce decree was gran
Filipinospouse is the petitioner or the respondent in the th foreign divorce proceeding.” Recent
jurisprudence,therefore, holds that a foreign divorce
vorce may b be recognized in this jurisdiction as long as it is
validlyobtained, regardless of who among
mong the spouses
pouses initiated the divorce proceedings.
uses in

VOID MARRIAGES

es
Art. 35. The following
owing
ng marriages sha
shall be void from the beginning:

(1) Those acted by an

ose contracted any party below eighteen years of age even with the consent of
bl
parents or guardians;
rdians

(2)
2) Those solemni
solemniz
solemnized by any person not legally authorized to perform marriages unless such
marriages
arriages contracted with either or both parties believing in good faith that the solemnizing
ages were contrac
o

officerr had the legal

leg authority to do so;

r
(3) Tho
Those solemnized without license, except those covered the preceding Chapter;
R

Ba
(4)
( Those bigamous or polygamous marriages not failing under Article 41;

(5) Those contracted through mistake of one contracting party as to the identity of the other;
r;
an

and

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

es
Mistake in Identity

Mistake as to the actual physical identity would mean absence of consent

onsent
sent
bl
In that case, the marriage may be considered as VOID from inception;
ption; It cannot be ratified; and
nception;
may be attacked directly or collaterally

Morigo v. People, 422 SCRA 376 (2004)

o

GENERALLY, if the first marriage was judicially

lyy declared void only after contracting the second
marriage, the second marriage will still be bigamous.
us. But this
this is true only
on if the first marriage ostensibly
transpired or there was a marriage ceremony. However, marriage was judicially declared void
ver, if the first m
R

after contracting the second marriage, the second

nd marriage will not
econd no be considered as bigamous if the first
marriage was void due to the fact that no marriagee ceremony w was solemnized at all. The mere signing of
a marriage contract bears no semblance marriage and thus needs no judicial declaration of
nce to a valid marr
marria
an

nullity.

Republic v. Olaybar, G.R. No. 189538, February 10, 2014

While we maintain ain that Rule 108 (Co

(C
(Correction of entries in the Civil Registry) cannot be availed of
h

to determine the validity

dity of marriage, we cannot nullify the proceedings before the trial court where all
idity
the parties had been
een given the opportu
opportunity to contest the allegations of respondent; the procedures were
followed, and all the evidence of the parties had already been admitted and examined. Respondent
indeed sought,ht, not the nullification
nullificati
nullificat of marriage as there was no marriage to speak of, but the correction
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of the record off such marria

marriage to reflect the truth as set forth by the evidence. Otherwise stated, in
allowing the correction
ection of the subject certificate of marriage by cancelling the wife portion thereof, the
trial court did not, in an
any way, declare the marriage void as there was no marriage to speak of.
o

Mallion v. Alcantara, October 31, 2006, G.R. No. 141528

Petitioner filed a case to declare void the marriage due to psychological incapacity. Petition was
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denied. Later, he filed a case to again declare his marriage void

d becau
because of absence of marriage license.
Supreme Court denied the Petition

r
Res Judicata applies. There is only one cause of action n which is tthe nullity of marriage. Hence
when the second case was filed based on another ground nd there is a splitting
split of a cause of action which is
prohibited. Petitioner is estopped from assertingg that thee first marriage
marria had no marriage license because

Ba
in the first case he impliedly admitted the same
ame when he did n not
no question the absence of a marriage
license.

Ninal v. Bayadog, 2000

A void marriage, its invalidity

validityy ccan
an be maintained
ma
m in any proceeding in which the fact of marriage

es
rectt or collateral, in any
may be material, either direct a civil court between any parties at any time, whether
before or after the death
th off either or both the
t husband and the wife, and upon mere proof of the facts
th
rendering such marriage
agee void, it will be disregarded
dis
d or treated as non-existent by the courts.

The cohabitation
n between rrespondent and Pepito Niñal was not the cohabitation contemplated
habitation
bl
by law thus it cannot
annot be covered by the exception to the requirement of a marriage license and is void ab
initio. From he time Pepito’s first marriage was dissolved to the time of his marriage with respondent,
om the
only aboutut twenty months had elapsed. Even assuming that Pepito and his first wife had separated in fact,
bout
andd thereafter Pepito and respondent had started living with each other that has already lasted for
hereafter both Pep
o

five years, the factf remains that their five-year period cohabitation was not the cohabitation

r
contemplated by law. The subsistence of the marriage even where there was actual severance of the filial
companionship between the spouses cannot make any cohabitation by either spouse with any third party
as being onone as "husband and wife".
R

Ba
Dee Ca
Castro v. Assidao-De Castro, G.R. No. 160172, February 13, 2008
an

The validity of a void marriage may be collaterally attacked. (Vda. de Jacob v. Courtt of Appeals,
Ap
371 Phil. 693, 704 (1999), citing TOLENTINO, CIVIL CODE OF THE PHILIPPINES:COMMENTARIES TARIE AND
ENTARIES A
JURISPRUDENCE, Vol. I, 1987 ed., p. 265.) Thus, in Niñal v. Bayadog, we held:

es
Other than for remarriage, judicial action may be filed to declare a marriage
marriage an
absolute nullity to determine heirship, legitimacy or illegitimacy of a child,
ild, settlement of
estate, dissolution of property regime, or in a criminal case.
bl
The court may pass upon the validity of marriage even ven directly
n in a suit not di
instituted to question the same so long as it is essential to the etermination of the
he determination t case.
When such need arises, a final judgment of declaration of nullity is necessary
necessar even if the
purpose is other than to remarry. [Niñal v. Bayadog, 384 Phil. 661, 675 (2000).]
(20
o

Likewise, in Nicdao Cariño v. Yee Cariño, [Cariño Phil. 861 (2001).] the Court ruled
ño v. Cariño, 403 Phi
Phil
that it is clothed with sufficient authority to pass upon
on the validity of two marriages despite the main case
pon
being a claim for death benefits. The Court mayy passs upon the validity
valid of a marriage even in a suit not
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directly instituted to question the validity of said

d marriage, so long
lo as it is essential to the determination
lon
of the case.
an

Art. 36. A marriage contracted

racted by any
a party who, at the time of the celebration, was
psychologically incapacitated to comply essential marital obligations of marriage, shall likewise
mply with the ess
esse
be void even if such incapacity comes manifest
acity becomes man
mani only after its solemnization. (As amended by
Executive Order 227)
h

Interpretation
onn by the National Appellate
A Matrimonial Tribunal is given great respect but not
controlling or decisive.
cisive.. Its interpretat
cisive interpretations are not conclusive. Republic v. Molina, G.R. 108763, Feb. 13,
interpretati
1997.
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Psychological
ological
ogical incapac
incapacity – depends on the facts of the case. Evidence of failure to perform
essential marital obligations
obligatio not enough, it must be shown that he is incapable. PSYCHOLOGICAL
INCAPACITY has no exact
ex definition but is restricted to psychological incapacity to comply with the
o

essential marital obligations of marriage. It involves a senseless, protracted, and constant refusal to
comply with the essential marital obligations by one or both of the spouses although he, she, or they are
physically capable of performing such obligations (Chi Ming Tsoi v. CA 266 SCRA 234 [1997])
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Tuazon v. CA

The finding of the trial court as to the existence orr non-existence

non
on--existence of the psychological incapacity

r
shall be binding upon the SC unless it can be sufficientlyly shown that the tria
trial
tri court erred.

Santos v. CA, 1995

Ba
The intent of the law has been to co
confine
onfine the meanin
meaning of “psychological incapacity” to the most
serious cases of personality disorders clearlyy demonstrative
demonstrativ of an utter insensitivity or inability to give
meaning and significance to the marriage.
rriage
g

Republic v. Quintero-Hamano,, 2004

es
The Court held thatt mere abandonment
abandonm by Toshio of his family and his insensitivity to them did
not automatically constitute
onstitute
stitute psychologically
psychologi
psycholog incapacity. His act of abandonment was doubtlessly
irresponsible but itt was
as never alleged n
nor proven to be due to some kind of psychological illness.
bl
gson, G.R. No. 210
Singson vs. Singson, 210766; January 8, 2018

"Psychological inca
incapacity
inc under Article 36 of the Family Code contemplates an incapacity or
inability
bility cognizance of and to assume basic marital obligations, and is not merely the difficulty,
ty to take cogniza
o

refusal,
al, or neglect in the performance of marital obligations or ill will.""[I]t is not enough to prove that a

r
spouse failed to meet
m his responsibility and duty as a married person; it is essential that he or she must
be shown
shown to beb incapable of doing so because of some psychological, not physical, illness."
R

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Garlet vs
vs. Garlet, G.R. No. 193544; August 2, 2017

Failings as husband and father are not tantamount to psychological incapacity to declare the
an

marriage null and void.

Republic vs. Tionglico, G.R. No. 218630; January 11, 2018

es
"Psychological incapacity" has been intended by law to be confined to the he most serious cases of
bility
personality disorders clearly demonstrative of an utter insensitivity or inability ty to give mme anin
ani and
meaning
significance to the marriage. Psychological incapacity must be characterizedd byy (a) gravity, i.e., it
i must be
grave and serious such that the party would be incapable of carrying outt thee ordinary duties required
r in a
bl
marriage, (b) juridical antecedence, i.e., it must be rooted in the history
tory of the party antedating the
marriage, although the overt manifestations may emerge only afterer thee marriage, and ((c) incurability, i.e.,
it must be incurable, or even if it were otherwise, the cure would
uld be beyond
beyond the th means of the party
involved.
o

Republic of the Philippines vs. Javier, G.R. No. 210518;; April 18, 2018

Does Narcissistic Personality Disorder with ten

tendencies
endencies
dencies towar
toward sadism amount to psychological
R

incapacity in Art. 36 of the Family Code?

Here, the husband was diagnosedsed with Narcissistic

Narcissist Personality Disorder, with tendencies toward
an

sadism. Dr. Adamos concluded from the testss adadministered

administere on Martin that this disorder was rooted in the
traumatic experiences he experienced d during his childhood,
enced chil
child having grown up around a violent father who
was abusive of his mother. This
his adversely affecte Martin in such a manner that he formed unrealistic
rsely affected
values and standards on hiss own
wn marriage and p proposed unconventional sexual practices. When Michelle
would disagree with hiss ideals,
eals, Martin would
wou not only quarrel with Michelle, but would also inflict harm
h

on her.

Cannott be ratified by cohabitation

cohab or bearing of children
C

Marital Obligations
tions
ons

Must live together;

geth observe mutual love, respect & fidelity; render mutual help and support;
o

procreation; sexual intercourse

Dino v. Dino, G.R. No. 178044, January 19, 2011

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In this case, petitioner’s marriage to respondent was declared

clared void under Article 36 of the Family
Code and not under Article 40 or 45. Thus, what governs thee liquidation
quidati o of properties owned in common
by petitioner and respondent are the rules on co-ownership. hip.. In Valdes v. RT
RTC, (260 SCRA 221), the Court

r
ruled that the property relations of parties in a void marriage
rriage during
ring the period
peri of cohabitation is governed
per
either by Article 147 or Article 148 of the Family Code.
e. The
he rules on co-
co-ownership
co -ow apply and the properties
of the spouses should be liquidated in accordance ce with the
he Civil Code provisions on co-ownership. Under

Ba
Article 496 of the Civil Code, "[p]artition mayy be made by agreem
agreement between the parties or by judicial
proceedings. x x x." It is not necessary to liquidate
quidate the properties
propert of the spouses in the same proceeding
for declaration of nullity of marriage.

fense
se for
Art. 39. The action or defense fo th ara
ra
the declaration of absolute nullity shall not prescribe.

es
Any party may file, even
ven if wrongdoer W
wrongdoer. What is sought to be protected is the interest and public
policy of the State. (Chi Mingg Tsoi v. CA)

Only the spouse

use in the subsisting
subsisti marriage may file; the other spouse in the subsequent marriage
subsistin
cannot becausee her marriage void.
void Second wife cannot intervene
rriage is vo
bl
Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage
on the
e basis final
fina judgment declaring such previous marriage void.
asis solely of a fin
o

ng v. CA,
Domingo CA, 1993
19

r
The Co
Court held that the declaration of the nullity of marriage is indeed required for the purpose
of remarria
remarriage.
remarriag There is no question that the marriage of petitioner and private respondent, celebrated
R

Ba
while tthe former's previous marriage with one Emerlina de la Paz was still subsisting, is bigamous. As such, ch,
it is vo
void from the beginning. A judicial declaration of the absolute nullity of a previous marriage is required
uired
for purposes of contracting a second marriage, the sole basis acceptable in law for said projected marriage age
an

to be free from legal infirmity is a final judgment declaring the previous marriage void (Art. 40).0).

Beltran v. People, 2000

es
The Court held that the pendency of the case for declaration of nullity off petitioner’s
titioner’s marriage is
not a prejudicial question to the concubinage case.

Assuming that the first marriage was null and void, such fact ct would not be mat
ma
material to the
bl
outcome of the criminal case. Parties to the marriage should not be permitted
mitted to judge fo
for themselves its
nullity, for the same must be submitted to the judgment of the competentmpetent courts aand only when the
nullity is so declared can it be held as void. Therefore, he who cohabits
ohabits woman other than his wife
abits with a woma
wom
before the judicial declaration of nullity of the marriage could
ld be prosecuted for concubinage.
o

De Castro v. Assidao-de Castro, G.R. 160172, Feb. 13, 2008

In a case for support, a lower court can declareeclare a marr

marria
marriage
ia void even without prior judicial
R

declaration of nullity of a void marriage filed acti considering that the determination of
d in a separate action
the issue on the validity of marriage was as important
tant in the resolution
r of the right of the child to be
supported.
an

Art. 41. A marriage contracted

racted perso during subsistence of a previous marriage shall be
ed by any person
null and void, unless before the celebration
ebration of tthe subsequent marriage, the prior spouse had been
absent for four consecutive ve years and the spouse
spo present has a well-founded belief that the absent
spouse was already dead. d. In case of dis
d
disappearance where there is danger of death under the
h

circumstances set forthrth in the provisions of Article 391 of the Civil Code, an absence of only two years
orth
shall be sufficient..

For the
e purpose of contracting
cont
contr the subsequent marriage under the preceding paragraph the
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spouse presentt must institut

institute a summary proceeding as provided in this Code for the declaration of
presumptive deathth of the absentee, without prejudice to the effect of reappearance of the absent
spouse.
o

Presumption of Death

Article 390. After an absence of seven years, it being unknown whether or not the absentee still
R

lives, he shall be presumed dead for all purposes, except for those of succession.
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The absentee shall not be presumed dead for the purpose ose of opening
rpose ope his succession till after an
absence of ten years. If he disappeared after the age of seventy-five
enty--five years, an absence of five years shall
eventy

r
be sufficient in order that his succession may be opened.
ed.

Article 391. The following shall be presumed

med dead purposes, including the division of the
d for all pur

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estate among the heirs:

(1) A person on board a vessel lost during voyage, or an aeroplane which is missing, who has
ringg a sea voyag
not been heard of for four years since
ce the loss off the
he vessel
ves or aeroplane;

(2) A person in the armed

ed forces
ces who has
ha taken part in war, and has been missing for four years;

es
(3) A person who has been in danger of
o death under other circumstances and his existence has not
been known for four years.
a

rnudes-Lorino,
orino, 449 SCRA
Republic v. Bernudes-Lorino, SC 57 (2005)
bl
In Summary Proceedings under the Family Code, there is no reglementary period within
mary Judicial Pro
Pr
which to perfect an appea
appeal, precisely because judgments rendered thereunder, by express provision of
appe
Section
ction Code, supra, are "immediately final and executory".
n 247, Family Cod
o

r
Since, by eexpress
ex mandate of Article 247 of the Family Code, all judgments rendered in summary
judicial
udicial proceedings
procee in Family Law are "immediately final and executory", the right to appeal was not
granted to aany of the parties therein.
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Ba
Armas
rma v. Calisterio, 2000
an

The marriage between Teodorico and Marietta was solemnized on May 8, 1958 in which hich the
th law
in effect at that time was the Civil Code, not the Family Code which took effect only on Aug.
ug. 3, 1988.
198 A Art.
256 of the Family Code limited its retrospective governance only to cases not ot prejudicial to

s
acquired/vested rights in accordance with Civil Code or other laws.

e
Accordingly, the Court held that a judicial declaration of the absentee spouse necessary as
ouse is not necess
necessa
long as the prescribed period of absence is met, and that the present spouse use contracted the
pouse th second
marriage in good faith to render the subsequent marriage as valid. Thus, the second marriage having been
bl
contracted during the regime of the Civil Code should be deemed valid tthe absence of a
id notwithstanding th
judicial declaration of presumptive death.

Republic of the Philippines vs. Catubag, G.R. No. 210580; April

ril 18, 2018
o

The term “well-founded belief,” must result from

from diligent efforts to locate the absent spouse.
Such diligence entails an active effort on the part of the present spouse
spous to locate the missing one. The
spou
mere absence of a spouse, devoid of any attempt mpt byy the present spouse
sp
s to locate the former, will not
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suffice.

Matias vs. Republic, G.R. No. 230751; April 25, 2018

an

The petition for the declaration

aration presumptive
on of pre sumptiv
umpt death under Article 41 is intended only for the
purpose of remarriage.

The declaration of presumptive deat

death is prima facie and may be overthrown by evidence.
dea
h

Art. 42. The marriage referred to in the preceding Article shall be automatically
he subsequent marri
terminated byy the recording of the
th affidavit of reappearance of the absent spouse, unless there is a
judgment annulling
nulling previous marriage or declaring it void ab initio.
lling the previou
C

A sworn statement
atement of the fact and circumstances of reappearance shall be recorded in the civil
registry of the residence
enc of the parties to the subsequent marriage at the instance of any interested
o

person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of
reappearance being judicially determined in case such fact is disputed.
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EFFECTS OF TERMINATION

Art. 43. The termination of the subsequent marriage

riage
ge referred to in
i the preceding Article shall

r
produce the following effects:

(1) The children of the subsequent marriage ceived prior to

age conceived t its termination shall be considered

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legitimate;

(2) The absolute community of property ertyy or the conjugal

conj partnership, as the case may be, shall be
er spouse
dissolved and liquidated, but if either spou
p ntracted
racted said marriage in bad faith, his or her share of the
contracted
operty
net profits of the community property rty or conjugal
co pa
partnership property shall be forfeited in favor of the
common children or, if there are none,one, the cch
children of the guilty spouse by a previous marriage or in

es
ocent
ent spouse;
default of children, the innocent sp

(3) Donationss byy reason of marria

marriage
marr shall remain valid, except that if the donee contracted the
marriage in bad faith,
aith,, such donations made
m to said donee are revoked by operation of law;
bl
(4) Thee innocent spouse may revoke the designation of the other spouse who acted in bad faith
as beneficiary insuranc policy, even if such designation be stipulated as irrevocable; and
iciaryy in any insurance

spouse
spouse who
(5) The sp w contracted the subsequent marriage in bad faith shall be disqualified to inherit
o

from the innocent spouse

sp by testate and intestate succession.

r
Art. 44
Art 44. If both spouses of the subsequent marriage acted in bad faith, said marriage shall be
void ab initi
initio and all donations by reason of marriage and testamentary dispositions made by one in
init
R

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favor
favo of the other are revoked by operation of law.

VOIDABLE
VO MARRIAGES
an

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the
t
marriage:

es
(1) That the party in whose behalf it is sought to have the marriage annulled
ulled was eighteen yeyears
of age or over but below twenty-one, and the marriage was solemnized without hout the consent o of the
parents, guardian or person having substitute parental authority over the he party, in that orde
order, unless
after attaining the age of twenty-one, such party freely cohabited with the and both lived
e other an
bl
together as husband and wife;

uch
h party after com
(2) That either party was of unsound mind, unless such coming to reason, freely
cohabited with the other as husband and wife;
o

(3) That the consent of either party was obtained

ained by fraud, unless
unles such party afterwards, with
full knowledge of the facts constituting the fraud, freely cohabited wit
with the other as husband and wife;
R

(4) That the consent of either partyy was obtained by force,

f intimidation or undue influence,
unless the same having disappeared or ceased,
eased, such thereafter freely cohabited with the other as
ch party the
husband and wife;
an

(5) That either party wasas physically

hysically incapab
incapa
incapable of consummating the marriage with the other,
and such incapacity continuess and appears
ppears to be incurable;
i or

Sterility not a ground

ground;
o inacapacit must exist at the time of the marriage; incapable of
; inacapacity
h

consummating the marriage

arriage with present
presen spouse (selective); cannot be ratified by cohabitation; Rule of
trienneal cohabitation,
ation,, if the wife remains
ation rema
rem a virgin for at least 3 years from the time of cohabitation.

Sarao v. Guevarra,
varra,
rra 1940
C

Under the marriage law at that time, and as consistently applied in the provision in Art. 45 (5) of
the Family Code, marriage
arr may be annulled if “either party was, at the time of marriage, physically
o

incapable of entering into the married state, and such incapacity continues, and appears to be incurable.”
It is held that the test of impotency is not the ability to procreate, but the ability to copulate. In this case,
the defendant was not impotent at the time the marriage was celebrated, as supported by the opinion of
the doctor that the existence of fibrous tumor in the ovaries did not necessarily render her incapable of
R

copulation or even procreation. The removal of her uterus and ovaries rendered her sterile but did not
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make her unfit for sexual intercourse. Thus, the defendant’s sterility
erility cannot be a ground for annulment
since what the law provides as a ground forannulment is the incapacity
capaci to copulate, and not to procreate

r
(6) That either party was afflicted with a sexually-transmissible
ally-transmissible disease found to be serious
smissible d
di
and appears to be incurable.

Ba
Cannot be ratified by cohabitation; STD
TD must exist at the time
t of the marriage.

Villanueva v. CA, 2006

Petitioner freely and voluntarily

untarily
arily ma
married priv
private
iv respondent and cannot claim that his marriage
should be annulled due to the absence cohabitation between him and his wife since lack of cohabitation
ce of cohab
coha

es
is, per se, not a ground to annul
ul a marriage.

Art. 46. Any of the following circ

circu
circumstances shall constitute fraud referred to in Number 3 of
icle:
e:
the preceding Article:
bl
(1) Non
n-disclosure of a previous
Non-disclosure p conviction by final judgment of the other party of a crime
involvingg moral
ral turpitude;
turpitude

Conviction is re
req
required.
o

r
(2) Concealment
Conce by the wife of the fact that at the time of the marriage, she was pregnant by a
tha her husband;
man other than
R

Ba
Bucat v. Bucat, 1941

Annulment requires clear and convincing evidence. Petitioner, however, failed to present entt
an

reasonable evidence on account of fraud that he was indeed unaware of the pregnancy of respondent.
ponde At
the time of their marriage, respondent was already more or less six months pregnant andnd it would
wo be
uncommon, lest ridiculous, that petitioner was unaware of the said pregnancy.

es
Aquino v. Delizo, 1960

Wife was alleged to be only more than four months pregnant att thee time of her marriage
ma to
plaintiff. At that stage, we are not prepared to say that her pregnancy was readily apparent
apparent. It is only on
bl
the 6th month of pregnancy that the enlargement of the woman's abdomen omen reaches a height
bdomen he above the
umbilicus, making the roundness of the abdomen more general and nd apparent. claimed by plaintiff,
pparent. If, as cl
defendant is "naturally plump", he could hardly be expected to o know,
now, merely by looking,
loo
lo whether or not
she was pregnant at the time of their marriage more so because
ausee she must have aattempted to conceal the
o

true state of affairs.

(3) Concealment of sexually transmissible diseas

disease,
dise e, regardless of
o its nature, existing at the time
of the marriage; or
R

n, habitual
(4) Concealment of drug addiction, ual alcoholism or homosexuality or lesbianism existing
at the time of the marriage.
an

ation
No other misrepresentation n or deceit as to
t character, health, rank, fortune or chastity shall
constitute such fraud as will give grounds action for the annulment of marriage.
unds for actio
acti

Art. 47. The action o marriage must be filed by the following persons and within
ion for annulment of
h

the periods indicated

d herein:

(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did
not give his or her consent, with
within five years after attaining the age of twenty-one, or by the parent or
withi
C

guardian or person
son having legal
rson leg charge of the minor, at any time before such party has reached the age
of twenty-one;
o

(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no knowledge
of the other's insanity; or by any relative or guardian or person having legal charge of the insane, at any
time before the death of either party, or by the insane spouse during a lucid interval or after regaining
sanity;
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(3) For causes mentioned in number 3 of Articles 45, by the injured

in party, within five years after
the discovery of the fraud;

r
(4) For causes mentioned in number 4 of Articlele 45, by the injured party, within five years from
the time the force, intimidation or undue influence disappeared ceased;
ppeared or ceas

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(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five years
after the marriage.

Nature of Annulment Case

Action in Rem, they concern

oncern the statu
status oof persons which binds the whole world; Res is the

es
relation between the partieses – marriage tie; jurisdiction
juri
ju is with the RTC-Family Court, venue-
province/city where either
her party resides within
with 6 months prior to filing or if non-resident respondent,
where he may be foundund in the Phil
Phils.;
s.; decree
dec
decre of annulment/absolute nullity shall be issued by the Court
ancee with the ff.:
only, after compliance
bl
gistration of Judgment-
1. Registration Judgm Civil Registry of the place where the marriage was celebrated and
where the Family Court is located
2.. Registration of
o Partition and Distribution
3 Delivery of Presumptive Legitimes
3.
o

r
married to Korean in Korea and domiciled in the Phils- RTC has jurisdiction
Ex. Fil ma

Yambao, 1957
Brown v. Ya
R

Ba
It is true that the wife has not interposed prescription as a defense. Nevertheless, the courtss can
tak cognizance thereof, because actions seeking a decree of legal separation, or annulment of
take
an

marriage, involve public interest and it is the policy of our law that no such decree be issued if any legal
obstacles thereto appear upon the record.

s
Procedure in Annulment and Declaration of Nullity

e
Art. 48. In all cases of annulment or declaration of absolute nullity off marriage, the Cour
Cou
Court shall
order the prosecuting attorney or fiscal assigned to it to appear on behalff off the State to take steps to
prevent collusion between the parties and to take care that evidence iss notot fabricated or suppressed.
su
bl
In the cases referred to in the preceding paragraph, no judgment
udgment shall be based upon a
stipulation of facts or confession of judgment.
o

Cardenas v. Cardenas, 1955

This article and article 101 on legal separation

ion
on of the same Code contemplate the annulment of a
marriage or legal separation where the parties might secure the annu annulment of their marriage or their legal
R

separation by collusion. In this case the possibility

bility collusion is remote, because the interest of the
ty of such collusio
collus
two wives are conflicting. Apart from this, the marriage certifiates attached to the stipulation of facts are
riage certifia
evidence and cannot be deemed to be a stipulat
stipulation
ipulation facts..
ion of fac
facts
an

Corpus v. Ochoterena, 435 SCRA 446 (2004)

(200

In a nullity-of-marriage
riage
ge case, the prior investigation
iin to determine for collusion is a condition sine
ceedings
edings in the event
qua non for further proceedings even the defendant does not answer. This is true even if during
h

the hearing the fiscall participated and cross-examined

cro the witnesses.

ation
ion of Facts – admis
Stipulation admission by both parties made in court agreeing to the existence of the
act constituting
ing the ground, for aannulment or nullity.
C

Confession
n of Judgment
Judg
Jud – admission made in court by respondent admitting fault invoked by
plaintiff to sever marriage
ria ties.
o

Art. 49. During the pendency of the action and in the absence of adequate provisions in a
written agreement between the spouses, the Court shall provide: for the 1) support of the spouses and
the 2) custody and support of their common children. The Court shall give paramount consideration to
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the moral and material welfare of said children and their choice ce of th
the parent with whom they wish to
remain as provided to in Title IX. It shall also provide for appropriate
ropriate vvisitation rights of the other parent.
priate visit

r
Preponderance of evidence; full blown hearing;
g; a party cannot be declared
d in default; cannot be
terminated by way of a compromise; Judgment on pleadings
dings cannot be decreed.

Ba
Maquilan v. Maquilan, G.R. NO. 155409, June 8, 2007
200

Voluntary separation of property agreed

eed
d upon by th
the parties via a compromise agreement duly
approved by the Court prior to the judicial
udicia declaration
tion of nullity of marriage is valid.
aration

Art. 50. The effects provided

d for by par
rovided paragraphs
pa (2), (3), (4) and (5) of Article 43 and by Article 44

es
oper
shall also apply in the proper er cases to mar
marria
marriages which are declared ab initio or annulled by final
judgment under Articless 40 0 and 45.

EFFECTS OF TERMINATION
INATION
ATIO
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(2) Thee absolute community
commu
commun of property or the conjugal partnership, as the case may be, shall be
dissolvedd and liquidated, but iif either spouse contracted said marriage in bad faith, his or her share of the
net profits
rofits community property or conjugal partnership property shall be forfeited in favor of the
ts of the commun
common
mmon on children or, if there are none, the children of the guilty spouse by a previous marriage or in
o

default children, tthe innocent spouse;

lt of children

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

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

(5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified
alified
ed to inherit
inhe
from the innocent spouse by testate and intestate succession.

es
Art. 44. If both spouses of the subsequent marriage acted in bad faith, said marriage shall be
void ab initio and all donations by reason of marriage and testamentary dispositions
itions made by one
positions on in
o
favor of the other are revoked by operation of law.
bl
The final judgment in such cases shall provide for the 1) liquidation,
dation, partition aand distribution
uidation,
of the properties of the spouses, 2) the custody and support of the mmon children, aand 3) the delivery
e common
of third presumptive legitimes, unless such matters had been een adjudicated in previous judicial
proceedings.
o

All creditors of the spouses as well as of the community or the conjugal partnership
e absolute communit
shall be notified of the proceedings for liquidation.
n.
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In the partition, the conjugal dwelling

ng and the lot on which
whi
w it is situated, shall be adjudicated in
accordance with the provisions of Articless 102 andd 12
129.
an

Cervantes v. Fajardo, 1989

In all controversies regarding

arding custody
ustody of min
minors, the foremost consideration is the moral, physical
and social welfare of the child taking into account the resources and moral as well as social
d concerned, takin
standing of the contending dingg parents. Provision
Provisio
Provis that no mother shall be separated from a child under 5
h

years of age will not apply where the court cou finds compelling reasons to rule otherwise. Petitioners who
are legally married ed appear
appear to be morally,
app mora physically, financially, and socially capable of supporting the
mor
minor and giving ng her a futuree better
ing bett
bet than what the natural mother, who is not only jobless but also
maintains an licit relation with a married man, can most likely give her. The minor has been legally
n illicit
C

adopted by petitioners
titioners
tioners with thtthe full knowledge and consent of respondents. A decree of adoption has the
effect,among others, ers, of di
d
dissolving the authority vested in natural parents over the adopted child. The
adopting parents havee tthe right to care and custodyof the adopted child (Art. 189(2) of Family Code) and
o

exercise parental authority and responsibility over him (Art 17, PD 603)
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Espiritu v. CA, 1995

The task of choosing the parent to whom custody shallll be awarded is not a ministerial function to

r
be determined by a simple determination of the age of a minor or child. Whether
Wh a child is under or over
seven years of age, the paramount criterion must always wayss be the child's interests.
in Discretion is given to the
court to decide who can best assure the welfare e of the child, and award
aw the custody on the basis of that

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consideration. In ascertaining the welfare and nd best interests of the child, courts are mandated by the
Family Code to take into account all relevant nt considerations. If If a child is under seven years of age, the law
presumes that the mother is the best custodian. n. The presum
ian. presumption is strong but it is not conclusive. It can
be overcome by compelling reasons.. If a cchild is overver seven,
sev his choice is paramount but, again, the court
is not bound by that choice. In its discretion,
cretio tthe courturtt may find the chosen parent unfit and award custody
to the other parent, or even too a third
rd party as iit deems fit under thecircumstances.

es
Mangonon v. CA, 2006

There being prima imaa facie evidence showing

ssh that petitioner and respondent Federico are the parents
of Rica and Rina, petitioner
titioner and respo
respondentFederico are primarily charged to support their children's
ion. In view
college education. ew however
howeve of their incapacities, the obligation to furnish saidsupport should be
bl
spondent
ondent Francisco as
borne by respondent a grandfather. Under Art. 199 of the Family Code, respondent Francisco,
ext immediate
as the next mmediate relative
relativ of Rica and Rina, is tasked to give support to hisgranddaughters in default
of their
ir parents. It having b been established that respondent Francisco has the financial means to support
his granddaughters'
anddaughters' edu education, he, in lieu of petitioner and respondent Federico, should be held liable for
o

ort pendente lite.

support lit Moreover, Under Art. 204 of the Family Code, the obligor is given the choice as to

r
how he could di dis
dispense his obligation to give support. Thus, he may give the determined amount of
support to the claimant or he may allow the latter to stay in the family dwelling.
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In
I the partition of the properties, the conjugal dwelling and the lot on which it is situated shall be
adjudicated
adjud
djud to the spouse with whom the majority of the common children choose to remain. Children dren
below
be the age of seven years are deemed to have chosen the mother, unless the court has decided dedd
an

otherwise. In case there in no such majority, the court shall decide, taking into consideration on the best
interests of said children.

es
Visitation rights should be given to the parent not awarded with custody
ody unless there are
a
compelling reasons to rule otherwise. (Silva v. CA)

Art. 51. In said partition, the value of the presumptive legitimes mes of all common children,
computed as of the date of the final judgment of the trial court, shall be delivered in cash
cash, property or
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sound securities, unless the parties, by mutual agreement judicially approved,
proved, had alrea
alread
already provided for
such matters.

The children or their guardian or the trustee of their

eir property may ask for the enforcement of
o

the judgment.

The delivery of the presumptive legitimes es herein prescribed

scribed shall in no way prejudice the
prescribed
ultimate successional rights of the children accruing
cruingg upon the death
dea of either of both of the parents;
deat
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but the value of the properties already received

d under the decree
ved decr of annulment or absolute nullity shall
be considered as advances on their legitime.
me.
an

Art. 50 & 51 apply to Void marriagess und 40.

under Art. 4

Art. 52. The judgment nulment or of

nt of annulment o absolute nullity of the marriage, the partition and
distribution of the properties
tiess of the spouses aand the delivery of the children's presumptive legitimes
e appropriate
shall be recorded in the ppropriate civil re
rregistry and registries of property; otherwise, the same shall
h

not affect third persons.

ons.

3. Either of the former

Art. 53. forme spouses may marry again after compliance with the requirements
of the immediately
diately
tely preceding AArticle; otherwise, the subsequent marriage shall be null and void.
Ar
C

The Judgment,
ment, the
ment th partition and distribution of the spouses’ properties and delivery of
presumptive legitimes
es must be registered in the civi registry and registries of property; otherwise,
o

subsequent marriage shall be VOID; and will not affect third persons

Art. 54. 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 legitimate. Children
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conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate.
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LEGAL SEPARATION
N

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Art. 55. A petition for legal separation may be
e filed on any of the following grounds:

(1) rossly abusive

Repeated physical violence or grossly busive condu
conduct directed against the petitioner,

Ba
a common child, or a child off the petitioner;
petitioner

Abusive conduct may include use of offensive

fensive language
langu

(2) Physical violencee or mor

moral p
pressuree tto compel the petitioner to change religious or
political affiliation;

es
(3) Attempt off respondent
spondent to corrupt
cor
corru or induce the petitioner, a common child, or a child
gage
of the petitioner, to engage e in prostitution, or connivance in such corruption or inducement;

The Child mayy not may not be a minor; mere attempt is sufficient; does not include the child of
the guilty spouse
se with another person.
nother per
perso
bl
(4)
4) Final judgment
judgmen sentencing the respondent to imprisonment of more than six years,
judgme
even if pardoned;
ardone
o

The Crime need not be against petitioner

me ne

r
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
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(7)
( Contracting by the respondent of a subsequent bigamous marriage, whether in the
Philippines
Philip
hilip or abroad;
(8) Sexual infidelity or perversion;
an

Single act of sexual intercourse may qualify

(9) Attempt by the respondent against the life of the petitioner; or

es
Must proceed from evil design; not self defense or flagranti delicto; may be proven by
preponderance of evidence

(10) Abandonment of petitioner by respondent without justifiable

able cause for mo
stifiable more than one
m
bl
year.

Wrongful intent to desert; does not include leaving thee conjugal

onjugal abode beca
because
bec of violence;
does not include leaving the society but does not neglect thee mgt of community property/does not
o

cease to give support; there must be absolute cessation of marital

rital relation, duties
du & rights; does not
apply if one spouse becomes insane.

Failure to search for missing spouse does

es nott constitute abandonment. (Ocampo v. Florencio)
constitute aba
aban
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Ong Eng Kiam a.k.a. William Ong v. Lucita Ong, G.R.

R. No. 153206
15320
153206, Oct. 23, 2006
an

Lucita Ong filed a complaintt for legall separation

sep before the RTC, alleging that she suffered
physical violence, threats, intimidation,
on, and
dation, an grossly aabusive conduct. The RTC and CA decreed the legal
ossly ab
separation. William claims thatat Lucita is guilty of abandonment
a
ab and should, therefore, be denied legal
separation following Art. 56(1).
6(1).
1).
h

The claim off William as regards

regard Lucita’s abandonment is without merit. The abandonment
referred to by the Family Code is abandonment
aband without justifiable cause for more than one year. As it was
established that
att Lucita left William due to his abusive conduct, such does not constitute abandonment
contemplated d by the provision.
t said provisi
rovis
C

For purposes this Article, the term "child" shall include a child by nature or by adoption.
oses of th
o

Art. 56. The petition for legal separation shall be denied on any of the following grounds:
(1) Where the aggrieved party has condoned the offense or act complained of;
(2) Where the aggrieved party has consented to the commission of the offense or act
complained of;
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(3) Where there is connivance between the parties in n the commission of the offense or act
constituting the ground for legal separation;
gal separation;
(4) Where both parties have given ground for legal

r
(5) Where there is collusion between the parties
ties to obtain
tain decree of legal separation; or
(6) Where the action is barred by prescription.
ion.

Ba
Separation in bed and in board (mensasa et thoro);
thoro);; pardon/condonation
pardon does not require sexual
intercourse; act of giving money to erring spouse or the fact that no action was taken may qualify as
pardon or condonation.

Bugayong v. Ginez, 1956

es
“Condonation is implied
plied
ed from
fr sexual
sexual in
inte
intercourse after knowledge of the other infidelity. Such acts
necessarily implied forgiveness.”Thus,
iveness.”Thus, two nights Bugayong and Ginez spent together deprive him of
ness.”Thus, the tw
obtaining legal separation.
on. A legal separation
ation. separat
separa cannot be granted for adultery where the spouses continue
to live together ass husband
sband and wife af after becoming knowledgeable of the acts amounting to adultery
bl
Almacen v. Baltazar,
tazar, 1958
1

that the defendant

defendan had given money to the plaintiff on several occasions is sufficient to show
condonation
nation or reconciliation
ndonation reconci
reconc between plaintiff and defendant, for had there been no condonation of
o

plaintiff's
iff's infidelity and
an no reconciliation between her and defendant, the latter would not certainly have

r
given any amount
amoun of money for her support.

People v. Sensano,
Se 1933 XXX
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The consent of a spouse may be deduced from his actions. Apart from the fact that the husband
band
in
in tthis case was assuming a mere pose when he signed the complaint as the "offended" spouse, we have ave
an

come to the conclusion that the evidence in this case and his conduct warrant the inference nce tthat he
consented to the adulterous relations existing between the accused and therefore he is nott authorized
uthor by
law to institute this criminal proceeding.

es
Lapuz v. Eufemio, 1972

Following the idea that the action for legal separation is pure personal,
nal,, the death of one party to
the action causes the death of the action itself —actio personalis moritur
ur cum
um persona
persona.
bl
Art. 57. An action for legal separation shall be filed within
ithin five years from the time of the
occurrence of the cause.
o

Art. 58. An action for legal separation shall in no case

se be tried bef
before six months shall have
elapsed since the filing of the petition.

s; where
Trial shall take place only after 6 months; ere violence is specified,
sp
s Art. 58 may not apply; what
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is prevented during the 6 month period is the hearing

aring on the merits
mer with respect to the validity or invalidity
of the ground of legal separation. Any otherher incidents
ents may be heard; A motion to dismiss may be heard
during the 6 month period.
an

RA 9262: “Anti-Violence Against Women Children

men and Their C
Ch Act of 2004”

Sec. 19: Legal Separation

aration
tion Cases - In cas
cases of legal separation, where violence as specified in this
he Family Code shall
Act is alleged, Art. 58 of the sh
s not apply. The court shall proceed in the main case and
h

other incidents of the possible.

e case as soon as pos
poss The hearing on any application for a protection order filed
by the petitioner must be conducte
conducted
condu d within
w the mandatory period specified in this Act.

Pacete v. Carriaga,
rriaga
ga,
C

The non-observance
observan of the 6 month cooling-off period may set aside the decision of the lower
court. For as long as separation
se is inserted in any case, the mandatory requirement must be complied
o

with.

Arroyo v. Vasquez
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If the petition is denied, the Court cannot compel the spo

spouses to live together for marital
obligations are purely personal in character.

r
Petition for legal seperation (sexual infidelity) may proceed independently from criminal action
ceed indep
(concubinage); Legal separation is not a case to enforce
orce liability arising from
f criminal offense.

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Art. 59. No legal separation may be e decreed unless ththe Court has taken steps toward the
reconciliation of the spouses and is fully satisfied, despite such
s efforts, that reconciliation is highly
improbable.

Art. 60. No decree of legal separation

al separatio
epar shalll b
be based upon a stipulation of facts or a confession
of judgment.

es
In any case, the
e Court
urt shall order th
the prosecuting attorney or fiscal assigned to it to take steps
to prevent collusion
n between
etween the parties
part
parti and to take care that the evidence is not fabricated or
suppressed.
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fession
sion of judgment happens
Confession h when defendant appears in court and confesses to the right of
dgment or files a pleading expressly agreeing to plaintiff’s demand.
plaintiff to judgment

in
This does not include admission or confession of defendant outside of the court; what the law
o

prhibits judgme based exclusively upon confession of judgment.

its is judgment

r
Death terminates Legal Separation; action being a purely personal action (bed and board
separation); marriage is a personal relation or status resulting changes in property relations between
separation)
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spouse they cannot survive the death of the plaintiff.
spouses;

Art. 61. After the filing of the petition for legal separation, the spouses shall be entitled to live
ive
an

separately from each other.

The court, in the absence of a written agreement between the spouses, shall designate
gnate ei
either
ther of

es
them or a third person to administer the absolute community or conjugal partnership
ership
hip property. ThThe
administrator appointed by the court shall have the same powers and duties as those
hose of a guardian under
un
the Rules of Court.

Art. 62. During the pendency of the action for legal separation, the provisions of Artic
Article 49 shall
Art
bl
likewise apply to the support of the spouses and the custody and support
pporrt of the common children.

Effects of Legal Separation

o

Art. 63. The decree of legal separation shall have

e the following effec
eff
effects:

(1) The spouses shall be entitled to live separately

eparately from
m each other, but the marriage bonds
shall not be severed;
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(2) The absolute community or the

he conjugal
gal partners
partnership shall be dissolved and liquidated but
the offending spouse shall have no rightht to any shar
share of the net profits earned by the absolute
an

community or the conjugal partnership,

rship, which
hich shall be forfeited in accordance with the provisions of
Article 43(2);

(2) The absolute community

munity of property or the conjugal partnership, as the case may be, shall be
ommunity
d, but
dissolved and liquidated, ut if either spouse
spous contracted said marriage in bad faith, his or her share of the
h

net profits of the community

mmunity property or conjugal partnership property shall be forfeited in favor of the
common children n or, if there are nonnone, the children of the guilty spouse by a previous marriage or in
default of children,
dren,
ren, the innocent spospouse;
sp
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(2) The custody oof the minor children shall be awarded to the innocent spouse, subject to
the provisions of Article 213 of this Code; and
he provis
o

Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent
designated by the Court. The Court shall take into account all relevant considerations, especially the
choice of the child over seven years of age, unless the parent chosen is unfit.
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(4) The offending spouse shall be disqualified from inherit

inheriting from the innocent spouse by
intestate succession. Moreover, provisions in favor of the
e offending
ffendi sspouse made in the will of the
innocent spouse shall be revoked by operation of law.

r
egal separation, the innocent spouse may revoke the
Art. 64. After the finality of the decree of legal
donations made by him or by her in favor of the offending ng spouse,
spouse, as well as the designation of the latter

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as beneficiary in any insurance policy, even if such designation be sstipulated as irrevocable. The revocation
of the donations shall be recorded in the registries of property
proper in the places where the properties are
prope
located. Alienations, liens and encumbrances cess registered in good faith before the recording of the
complaint for revocation in the registries
stries of property
operty shall be respected. The revocation of or change in
erty sh
the designation of the insurancee beneficiary
enefi shall take
ta effect upon written notification thereof to the
insured.

es
The action to revoke under this Article must be brought within five years from the
vokee the donation un
time the decree of legal
gal separation
sseparation become
becom final.
beco

Art. 65. pouses should

5. If the spouses sho
sh reconcile, a corresponding joint manifestation under oath duly
bl
signed by them
hem wit the court in the same proceeding for legal separation.
m shall be filed with

Art. 66. The recreconciliation referred to in the preceding Articles shall have the following
reco
consequences:
nsequences:
quences:
o

(1) The legal

le separation proceedings, if still pending, shall thereby be terminated at whatever

r
stage; and
(2) The final decree of legal separation shall be set aside, but the separation of property and any
forfeiture of
o the share of the guilty spouse already effected shall subsist, unless the spouses agree to
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revive th
their former property regime.

The court's order containing the foregoing shall be recorded in the proper civil registries.
an

Art. 67. The agreement to revive the former property regime referred to in the preceding
ding Article
eceding Arti
shall be executed under oath and shall specify:

es
(1) The properties to be contributed anew to the restored regime;
(2) Those to be retained as separated properties of each spouse; and
(3) The names of all their known creditors, their addresses and the amounts
nts owing to each.
mounts each
ach

The agreement of revival and the motion for its approval shall be e filed cour in the same
ed with the court
bl
proceeding for legal separation, with copies of both furnished to thee creditors
editors named therein.
the After due
hearing, the court shall, in its order, take measure to protect the interest
nterest and such order shall
st of creditors an
be recorded in the proper registries of properties.
o

The recording of the ordering in the registries of property n prejudice any creditor not
perty shall not
listed or not notified, unless the debtor-spouse has sufficient properties to satisfy the creditor's
fficient separate pro
prop
claim.
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TITLE
TIT III
RIGHTS AND OBLIGATIONS
ATIONS BETWEEN HUSBAND
H AND WIFE
an

Art. 68. The husband and wife are obliged

obli to lilive together, observe mutual love, respect and
fidelity, and render mutual help and support.
supp

Arroyo v. Vaszquez, 1921

h

Based on evidence,
dence, it is the opinio
opinion of the high court that the wife’s abandonment of the marital
home was without ut sufficient justifica
justification because the wife was rather afflicted with a disposition of
jealousy towards
ds her husband in anaggravated
rds an degree.
C

It is nott within the pro

province of the courts of this country to attempt to compel one of the spouses
to cohabit with, and rendrender conjugal rights to,the other. The experience of other countries where the
courts of justice havee assumed
as to compel the cohabitation of married people shows that thepolicy of the
o

practice is extremely questionable. Thus, the court cannot order for the return of the wife to the marital
domicile but he is entitled to judicial declaration that wife’s abandonment of marital home is without
sufficient justification and that it is her duty to return home.
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Procreation is also an essential marital obligation. It springs from the universal principle that
procreation of children through sexual cooperation is the basic marriage; except for support, courts
ic end of mar
cannot issue an order to compel spouses to live together and to observe mut
mutual love, respect and fidelity.

r
(the latter are moral obligations).

There can be no action for damages merely

ely because breach of marital obligations; wife cannot
use of breac

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ask for damages against husband for filing a baseless petition for nullity of marriage causing her mental
anguish, besmirched reputation, social humiliation alienation
alienati from parents; conjugal funds cannot be
miliation and alienat
used to pay wife’s damages.

But, if property regime is separation

parat of property,
pee Arts. 19, 20 & 21 may be available as remedies.

s
Thus, desertion and d securing
ecuring of an invalid
invali divorce decree by husband entitles the other to recover
inva
damages and attorney’ss fees.
es. (Tenchavez v. EEscano, 15 SCRA 355)

e Husband can be charged of ra

consent, just as the husband
rape. R.A. 8353 reclassified rape as a crime against person. Implied
cannot imprison the wife, he cannot also insist on right to force sexual
sband can
canno
bl
on her will; marriage itself is not irrevocable; offensive to the valued ideals of personal liberty
relations upon

FAMILY
LY DOMICILE
o

Art. 69. TThe husband and wife shall fix the family domicile. In case of disagreement, the court

r
shall decid
decide.

The court may exempt one spouse from living with the other if the latter should live abroad or
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there are other valid and compelling reasons for the exemption. However, such exemption shall not
pply if the same is not compatible with the solidarity of the family.
apply
an

domi
Domicile – for the exercise of civil rights and the fulfillment of civil obligations, the domicile of
natural persons is the place of their habitual residence. It is where the parties intend d to have
hav their
th
permanent residence with the intention of always returning even if they have left for some omee time.

es
Spouses can only have one domicile but many residences; minors follow the domicile of their
parents.

EXPENSES FOR SUPPORT & HOUSEHOLD MANAGEMENT

bl
Art. 70. The spouses are jointly responsible for the supportort of the family. The expenses for such
support and other conjugal obligations shall be paid from the community
mmunity property
propert and, in the absence
thereof, from the income or fruits of their separate properties. insufficiency or absence of said
ies. In case of insuffic
o

income or fruits, such obligations shall be satisfied from the separate properties.
parate properti
prope (solidary)

Art. 71. The management of the household d shall be the right an

and the duty of both spouses. The
expenses for such management shall be paid in accordance
rdance with the provisions of Article 70.
R

Art. 72. When one of the spouses neglects his or her duduties to the conjugal union or commits acts
which tend to bring danger, dishonor orr injury
ury to the other
othe oor to the family, the aggrieved party may apply
an

to the court for relief.

gime of separate pro

Under Art. 146, in regime properties, the liability of spouses to creditors for family
expenses shall be solidary.
h

If one of the spouses neglects his duties to conjugal union or commits acts which tend to bring
danger, dishonor or injury to the others
oth or to the family, he may apply relief from the Court, legal
separation, receivership,
ceive icial separation
eiv rship, judicial s of property, tobe appointed as sole administrator of
community of property.
pro
C

EXERCISE OF PROFESSION
FESSION
o

Art. 73. Either spouse may exercise any legitimate profession, occupation, business or activity
without the consent of the other. The latter may object only on valid, serious, and moral grounds.

Ex. Wife agreed to be a guarantor for a thir person’s debt.

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In case of disagreement, the court shall decide whetherr or not:

not (1) The objection is proper, and
(2) Benefit has occurred to the family prior to the objection or thereafte
thereafter. If the benefit accrued prior to
therea
the objection, the resulting obligation shall be enforced against
nst the separate property of the spouse who
gainst

r
has not obtained consent.

The foregoing provisions shall not prejudice creditors who acted in good faith.
dice the rights of cred

Ba
TITLE IV
PROPERTY RELATIONS
NSS BETWEEN HHUSBAND AND WIFE

Chapter 1. General
Chapte
Cha ne Provisions
ene
What will govern?

es
Art. 74. The property
perty
ty relationship be
bet
between husband and wife shall be governed in the following
order:
rriage
ge settlements executed
(1) By marriage ex before the marriage;
sions of this
(2) By the provisions thi Code; and
bl
(3) By the local custom.

Art. 75. The future spouses may, in the marriage settlements, agree upon the regime of absolute
community,
mmunity
un , con
conjugal
jugal partnership
pa of gains, complete separation of property, or any other regime. In the
o

absence
nce of a marriage
marria
ma settlement, or when the regime agreed upon is void, the system of absolute

r
community of pro
property as established in this Code shall govern.

Abs
Absolute Community will govern, if no agreement or when what was agreed is void.
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May M
Marriage settlements be modified?
an

Yes, In Writing and executed before the celebration of the marriage except:

A. Voluntary

es
B. Involuntary
1. Civil Interdiction
2. Absence
3. Loss of Parental Authority
4. Abandonment
bl
5. Abused his power as administrator
6. Separated in fact for at least one year

Art. 76. In order that any modification in the marriage

ge settlements may b be valid, it must be made
o

before the celebration of the marriage, subject to the provisions

ovisions 66, 67, 128, 135 and 136.
ns of Articles 66

Formalities
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Art. 77. The marriage settlements andnd any modification th

thereof shall be in writing, signed by the
parties and executed before the celebrationon of the marriage. They
Th shall not prejudice third persons unless
egistry
try where the ma
they are registered in the local civil registry marriage contract is recorded as well as in the
an

proper registries of properties.

Must be in writing forr validity;; must be registered

reg to prejudice third persons

Art. 78. A minor who

ho according to law
la may contract marriage may also execute his or her marriage
h

settlements, but they

eyy shall be valid only if the persons designated in Article 14 to give consent to the
marriage are madee parties to the agreement,
agree
agre subject to the provisions of Title IX of this Code.

If between
tween
een 18 and 21, pa
parents must be parties.
C

Art. 79. For validity of any marriage settlement executed by a person upon whom a sentence
or the va
val
of civil interdiction has
as been
b pronounced or who is subject to any other disability, it shall be indispensable
o

for the guardian appointed by a competent court to be made a party thereto.

If party is under civil interdiction, the guardian must be a party.

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Art. 80. In the absence of a contrary stipulation in a marriage

arriage settlement, the property relations
of the spouses shall be governed by Philippine laws, regardless ess of the place of the celebration of the
dless
marriage and their residence.

r
This rule shall not apply: (1) Where both spousesuses are aliens; (2) With respect to the extrinsic
validity of contracts affecting property not situated
ted in thee Philippines and executed in the country where

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the property is located; and (3) With respect ct to the extrinsic validity
va of contracts entered into in the
Philippines but affecting property situated in a foreign country
countr whose laws require different formalities
for its extrinsic validity.

Art. 81. Everything stipulated

ulated the settlements
ted iin th tle
e or contracts referred to in the preceding
articles in consideration of a future
e marriage,
marriag including donations between the prospective spouses

es
made therein, shall be rendered
dered
ed void if the m
marriage
mar does not take place. However, stipulations that do
not depend upon the celebration
elebration
ration of the
t marriages
mar shall be valid.

tlement shall be rendered

Marriage settlement re
r void if the marriage does not take place; stipulations that
do not depend upon thee celebration
celebratio of marriage shall be valid.
bl
Chapter 2. Donations by Reason of Marriage

Art. 82. Donations

Donatio by reason of marriage are those which are made before its celebration, in
Donati
o

consideration
deration of the
t same, and in favor of one or both of the future spouses.

r
Motive is marriage; cause is liberality of the benefactor subject to reduction if inofficious upon
the donor’s death
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Formalities
Forma
orm
an

Art. 83. These donations are governed by the rules on ordinary donations establisheded in Title
T III
of Book III of the Civil Code, insofar as they are not modified by the following articles.

es
Donations propter nuptias of present property shall be governed by the
he rules on ordinary
ordina
donations. (Arts. 748 & 749)

Art. 84. If the future spouses agree upon a regime other than thee absolute community
comm of
property, they cannot donate to each other in their marriage settlements
entss more than one-fifth
one
one-f of their
bl
present property. Any excess shall be considered void.

If property regime is conjugal partnership or complete separation,

paration, spouses cannot donate more
than 1/5 of their present property. Art. 750. Donation may comprehend
mprehend all the p present properties of the
o

donor or part thereof, provided he reserves in full ownership

ship orr in usufruct suf
sufficient property to support
himself and relatives who are by law entitled to be supported,
pported, otherwise, the
t donation may be reduced.

rned by the pro

Donations of future property shall be governed prov
provisions on testamentary succession
R

and the formalities of wills.

Donation of future property shall

all be governed by th
the rules on wills.
an

Art. 86. A donation by reason ason m be revoked by the donor in the following cases:
n of marriage may
(1) If the marriage is not celebrated
brated or judi
judicially
jud declared void ab initio except donations made in
the marriage settlements, which ich shall be govern
governed by Article 81;
arriage
(2) When the marriage iage takes place w
without the consent of the parents or guardian, as required by
h

law;
(3) When the marriage is annulled,
annu and the donee acted in bad faith;
(4) Uponon n legal separation, tthe donee being the guilty spouse;
(5) If it is with a resoluto
resolutory condition and the condition is complied with;
C

(6) When the donee

done has committed an act of ingratitude as specified by the provisions of the
Civil Code on donations
ons in general.
o

Art. 765. The donation may also be revoked at the instance of the donor, by reason of
ingratitude in the following cases:
(1) If the donee should commit some offense against the person, the honor or the property
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of the donor, or of his wife or children under his parental authority;

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(2) If the donee imputes to the donor any criminal offense,

offens or any act involving moral
turpitude, even though he should prove it, unless the crime
me or the act has been committed
against the donee himself, his wife or children under
er his authority;

r
(3) If he unduly refuses him support whenn the doneeee is legally or morally bound to give
support to the donor.

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Void Donations

Art. 87. Every donation or grant of gratuitous

atuitous
uitous advan
advantage, direct or indirect, between the spouses
during the marriage shall be void, except
xcept moderatete gifts which the spouses may give each other on the
erate
occasion of any family rejoicing. Thee prohib
prohibition
pro shall
ha also apply to persons living together as husband
and wife without a valid marriage.
riage.

es
System o
of Absolute Community

Art. 88. The

he absolute commun
community of property between spouses shall commence at the precise
moment that thehe marriage celebrated. Any stipulation, express or implied, for the commencement of
age is celebr
celeb
bl
the community
nityy regime at any other
ot time shall be void.

Aliens married
m rried to FFilipinos cannot have any interest in the community or partnership consisting
of land.
and.
d.
o

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Waiver of Rights IInvalid

Art.
A
Art
rt. 89. No waiver of rights, shares and effects of the absolute community of property during the
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marriage
marria can be made except in case of judicial separation of property.

When the waiver takes place upon a judicial separation of property, or after the marriage has
an

been dissolved or annulled, the same shall appear in a public instrument and shall be recorded as pro
provided
p
in Article 77. The creditors of the spouse who made such waiver may petition the court to rescind
resci the
t
waiver to the extent of the amount sufficient to cover the amount of their credits.

es
Art. 90. The provisions on co-ownership shall apply to the absolute community property
mmunity of prope
between the spouses in all matters not provided for in this Chapter.

What Constitutes Community Property

bl
All the property owned by the spouses at the time of the celebration
ration of the ma
marriage or acquired
thereafter.
o

Properties acquired using separate property shalll become

me absolute co
community.
Excluded:

(1) Property acquired during the marriage ge by gratuitous title by either spouse, and the fruits as
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well as the income thereof, if any, unless it iss expressly

pressly provided bby the donor, testator or grantor that
they shall form part of the community property;
operty;
(2) Property for personal and exclusive
usive use of either
eith spouse except jewelry;
an

(3) Property acquired beforee the marriage

rriag by either
eith spouse who has legitimate descendants by a
former marriage, and the fruits as well
ell as the income,
income if any, of such property;
(4) Those excluded in the
he marriage settlements.
age settleme

Property acquiredred during the marri

marriage is presumed to belong to the community, unless it is
mar
h

proved that it is one of those excluded the

therefrom.
th

Charges and Obligations

bligations of the Absolute
Abs Community
C

(1) Thee support of the spouses, their common children, and legitimate children of either spouse;
however, the support
port of ill
illegitimate children shall be governed by the provisions of this Code on Support;
(2) All debts an
and obligations contracted during the marriage by the designated administrator-
o

spouse for the benefit of the community, or by both spouses, or by one spouse with the consent of the
other;
(3) Debts and obligations contracted by either spouse without the consent of the other to the
extent that the family may have been benefited;
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(4) All taxes, liens, charges and expenses, including major or or minor
m repairs, upon the community
property;
(5) All taxes and expenses for mere preservation made marriage upon the separate
de during marri

r
property of either spouse used by the family;
(6) Expenses to enable either spouse to commence nce or complete a professional or vocational
mmence
course, or other activity for self-improvement;

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(7) Antenuptial debts of either spousee insofar as they have hav redounded to the benefit of the
family;
(8) The value of what is donated or promised
mised by both
romised bot spouses in favor of their common legitimate
children for the exclusive purpose of commencing
com ingg or completing
co a professional or vocational course or
other activity for self-improvement;ent;
(9) Antenuptial debts of either other than those falling under paragraph (7) of this Article,
er spouse o

es
the support of illegitimate children
dren of either spouse,
sp
spo and liabilities incurred by either spouse by reason of
a crime or a quasi-delict,, in case of absence or insufficiency of the exclusive property of the debtor-spouse,
the payment of which ch shall be considered
consider as advances to be deducted from the share of the debtor-
considere
spouse upon liquidationion of the commu
dation community; and
(10) Expenses
penses off litigation between
b the spouses unless the suit is found to be groundless.
bl
Iff the community pro
property is insufficient to cover the foregoing liabilities, except those falling
under paragraph
aragraph (9),
(9), the spouses shall be solidarily liable for the unpaid balance with their separate
properties.
opertie
rties.
o

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Losses in ggamblings shall be borne by the loser. Winnings shall form part of the community.

Homeowne Saving & Loan Bank, G.R. No. 153802, March 11, 2005.
Homeowner
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Encumbrance or disposition of the community property without the consent of the other spouse ouse
is
is totally
t void. To say that it is void only as to the share of the spouse who did not give his consent and
nd
d
an

valid as to the share of the spouse who contracted the encumbrance is erroneous. Benefit to o the family
must always be proven.

es
Administration, Enjoyment and Disposition of the Community Property

Administration and enjoyment of the community property shall belongg to

o both spouses jointly.
joi
jo

ubject
ct to recourse to tthe court by
In case of disagreement, the husband's decision shall prevail, subject
bl
the wife for proper remedy, which must be availed of within five years rs from the date oof the contract
implementing such decision.

In the event that one spouse is incapacitated or otherwise unabl

unable to participate in the
o

use may
administration of the common properties, the other spouse ay assume so
sole powers of administration.

These powers do not include disposition orr encumbrance with

without authority of the court or the
written consent of the other spouse. In the absencece of such authority
bsence auth or consent, the disposition or
R

encumbrance shall be void. However, the transaction

action shall be
nsaction be construed
co
con as a continuing offer on the part
of the consenting spouse and the third person, and may be perfected as a binding contract upon the
acceptance by the other spouse or authorization
ization by the cou
thorization ccourt before the offer is withdrawn by either or
an

both offerors.

HSLB v. Miguela Dailo, G.R. No. 2, March 11, 2005

o. 153802,

Encumbrance orr disposition

isposition of the co
community
c of property without the consent of the other
h

spouse is void. Benefit

it to the family must always be proven.
fit

Flores v. Lindo,, 2011

20
C

The real
al estate mor
mortgage executed by petition Edna Lindo over their conjugal property is
undoubtedly an act ct of strict
stri dominion and must be consented to by her husband to be effective. In the
instant case, the real estate
est mortgage, absent the authority or consent of the husband, is necessarily void.
o

Indeed, the real estate mortgage is this case was executed on October 31, 1995 and the subsequent
special power of attorney dated November 4, 1995 cannot be made to retroact to October 31, 1995 to
validate the mortgage previously made by petitioner.
R
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Either spouse may dispose by will of his or her interest

rest in the community property, except
legitime of compulsory heirs.

r
Donation of Community Property

Neither spouse may donate any community nity property

perty without
withou the consent of the other. However,

Ba
either spouse may, without the consent of the other, make moderate
mod
mo donations from the community
property for charity or on occasions of family
ly rejoicing or famil
ily family distress.
fami

Dissolution of Absolute Communityy Regime

Regi

Absolute community terminates: tes:

s
(1) Upon the death of either er spouse;
pous
(2) When there is a decreeree of legal separation;
separation

e
(3) When the marriage ge iss annulled or decla
declared
dec void; or
cial separation of pro
(4) In case of judicial prop
property during the marriage under Article 134 to 138. (175a)
bl
Separation in-fact
act

The separation in fact between husband and wife shall not affect the regime of absolute
community
mmunity that:
unity except that
o

r
(1) The spouse
sp who leaves the conjugal home or refuses to live therein, without just cause, shall
not have the right
ri to be supported;
(2) When
W the consent of one spouse to any transaction of the other is required by law, judicial
R

Ba
authorization
author
authoriza shall be obtained in a summary proceeding;
(3) In the absence of sufficient community property, the separate property of both spouses shall
be solidarily liable for the support of the family. The spouse present shall, upon proper petition in na
an

summary proceeding, be given judicial authority to administer or encumber any specific separateate property
pro
p
of the other spouse and use the fruits or proceeds thereof to satisfy the latter's share.

es
Abandonment

If a spouse without just cause abandons the other or fails to comply with his or her obligati
obligat
obligations to
the family, the aggrieved spouse may petition the court:
bl
1) for receivership, 2) for judicial separation of property or 3) for authority to be the sole
administrator of the absolute community.

The obligations to the family mentioned in the preceding

ceding refer to marital, parental or
ng paragraph refe
o

property relations.

A spouse is deemed to have abandoned the e other when her or shes has left the conjugal dwelling
without intention of returning. The spouse who has left
eft the conjugal d
dwelling for a period of three months
R

or has failed within the same period to give anyy inf

inform
information
ation as to his or her whereabouts shall be prima
facie presumed to have no intention of returning
turning too the conjug
conjugal dwelling.
an

Liquidation of the Absolute Community

unity Assets
sets and Liabilities
Liab

(1) An inventory shall bee prepared, listing separately all the properties of the absolute
community and the exclusive
ive properties of each spouse.
h

(2) The debts and obligations

obligation of the absolute community shall be paid out of its assets. In
case of insufficiency
ncy of said assets, the spouses shall be solidarily liable for the unpaid balance with their
separate properties.
erties
rtie .
C

(3) Whatever remains

rem of the exclusive properties of the spouses shall thereafter be delivered
to each of them.
o

(4) The net remainder of the properties of the absolute community shall constitute its net
assets, which shall be divided equally between husband and wife, unless a different proportion or division
was agreed upon in the marriage settlements, or unless there has been a voluntary waiver of such share
provided in this Code.
R
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For purpose of computing the net profits, the said profits

fits sha
shall be the increase in value between
the market value of the community property at the time of thee celebration
elebra of the marriage and the market
value at the time of its dissolution.

r
mmon
n children shall be delivered upon partition, in
(5) The presumptive legitimes of the common
accordance with Article 51.

Ba
Conjugal dwelling

(6) Unless otherwise agreed d upon

p by thee parties,
parties in the partition of the properties, the conjugal
dwelling and the lot on which it iss situated
tuate shall
sh be aadjudicated
d to the spouse with whom the majority of
the common children choose to o remain.
ain. Childr
Children below the age of seven years are deemed to have chosen

es
urt has decided oth
the mother, unless the court othe
otherwise. In case there in no such majority, the court shall
ideration
ation the best int
decide, taking into consideration interests of said children.

eath
h
Termination by Death
bl
The community
mmunity property shall be liquidated in the same proceeding for the settlement of the
estate of the deceased.

If no judicial ssettlement proceeding is instituted, the surviving spouse shall liquidate the
o

munity property
community prope either judicially or extra-judicially within six months from the death of the deceased

r
the lapse of the six months period, no liquidation is made, any disposition or encumbrance
spouse. If upon th
nvolving the community
involving co
c property of the terminated marriage shall be void.
R

Ba
Mandatory regime of Separation of property
Mandato
Manda

Should the surviving spouse contract a subsequent marriage without compliance with the
an

foregoing requirements, a mandatory regime of complete separation of property shall gover

govern the
property relations of the subsequent marriage.

es
Conjugal Partnership of Gains

1. If the future spouses agree in the marriage settlements

2. Conjugal partnerships of gains already established between spouses
ouses effectivity of
es before the effe
this Code
bl
Prohibitions against waiver of rights also apply; will be governed
erned suppletorily
suppletor by the law on
contract of partnership
o

Rodriguez v. Rodriguez

The selling of the property from the spousee to the daughter an

and the then to the father cannot
be nullified because all are guilty; no one may recover
ecoverr what was given
give by virtue of the contract.
R

The husband and wife place in a common fund:

ommon fund
an

1) the proceeds, products, fruits and

nd income
in from their separate properties; and
fro
2) those acquired by either spouse through their efforts or by chance
ther or both spouses

upon dissolution off the

he marriage or of the
t partnership, the net gains or benefits obtained by
either or both spouses
uses shall be divide
pouses divided equally between them.
divid
h

Exclusive Propertyy of Each Spouse

Spou

(1) That which is brought

bro to the marriage as his or her own;
C

(2) That
hat which each acquires during the marriage by gratuitous title;
o

(3) That which is acquired by right of redemption, by barter or by exchange with property
belonging to only one of the spouses; and

(4) That which is purchased with exclusive money of the wife or of the husband.
R
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Owenership, Possession, administration and enjoyment of Exclusive

lusive Properties

The spouses retain the ownership, possession, administration

dministration
inistration and enjoyment of their exclusive

r
properties.

Either spouse may, during the marriage, ge, transfer administration of his or her exclusive
sfer the adm

Ba
property to the other by means of a publicc instrument, which shall be recorded in the registry of
property of the place the property is located.
ed.

Mortage and alienation

A spouse of age may mortgage,age, encumber,

encum
encumb alienate or otherwise dispose of his or her exclusive

s
entt of the other spo
property, without the consent spou
spouse, and appear alone in court to litigate with regard to
the same.

e The alienation
ation
on of any exclusiv
terminates the administration
exclusive property of a spouse administered by the other automatically
ration over
ove ssuch property and the proceeds of the alienation shall be turned over
bl
r-spouse.
pouse.
to the owner-spouse.

ted property
Donated
o

Propertyy don
d
donated or left by will to the spouses, jointly and with designation of determinate shares,

r
th donee-spouses as his or her own exclusive property, and in the absence of designation,
shall pertain to the
share and shar
share alike, without prejudice to the right of accretion when proper. (when one dies, renounces
or becomes incapacitated; if donation is pro-indiviso)
R

Ba
Onerous donation shall pertain to the donee spouse; donee spouse shall reimburse the conjugal
jugal
partnership
pa if adversed.
an

Gratuity – act of liberality; pensions- compensation for services rendered (conjugal); njuga life
insurance, even if payable to the deceased estate, shall be considered as conjugal if paid by conjugal funds.
fund

es
Conjugal Partnership Property

All property acquired during the marriage presumed conjugal.

bl
(1) Those acquired by onerous title during the marriage at thee expense common fund,
xpense of the com
whether the acquisition be for the partnership, or for only one of the spouses;
pouses;

(2) Those obtained from the labor, industry, work orr profe
profession
on of either or both of the spouses;
ofession
o

(3) The fruits, natural, industrial, or civil, due or received during th

the marriage from the common
property, as well as the net fruits from the exclusive spouse;
vee property of each sp
R

(4) The share of either spouse in the hidden which the law awards to the finder or
den treasure whic
owner of the property where the treasuree is found;
d;
an

(5) Those acquired through occupation

on such
s as fishing
fi or hunting;

(6) Livestock existing upon thee dissolution of the partnership in excess of the number of each
kind brought to the marriagege by either spouse; and
a
h

(7) Those which

ich are acquired by cchance, such as winnings from gambling or betting. However,
hich
losses therefrom shall be borne exclus
exclusively by the loser-spouse.

Ching v. Court
rt of Appeals, 423 SCRA
SC 371 (2004)
C

The presumption
mption oof conjugality arises as long as it is shown that it is acquired during the marriage.
It is not even necessary
ary to prove that the properties were acquired with funds of the partnerships. In fact,
o

even when the manner in which the properties were acquired does not appear, the presumption will still
apply. The presumption shall subsist in the absence of clear, satisfactory and convincing evidence to
overcome the same. “Benefit to the family” must be direct and not just a by-product or a spin-off of the
loan itself. Where a husband contracts obligations on behalf of the family business, the law presumes and
R

rightly so that such obligation will redound to the benefit of the conjugal partnership.
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Property Bought on Installments

r
Property bought on installments paid partly from
rom exclusive
usive funds of either or both spouses and
partly from conjugal funds belongs to the buyer or buyers
uyers ownership was vested before the marriage
rs if full ownershi
and to the conjugal partnership if such ownershiphip was vested durin
during the marriage. In either case, any

Ba
amount advanced by the partnership or by either spouses shall be reimbursed by the owner or
ither or both spouse
owners upon liquidation of the partnership..

Credit Collected

Whenever an amount or credit dit payable

payabl within a period of time belongs to one of the spouses, the

es
sums which may be collected ed during the marr
marriag
marriage in partial payments or by installments on the principal
shall be the exclusive property
roperty spouse. However, interests falling due during the marriage on the
erty of the spouse
principal shall belongg to tthe conjugal partnership.
njugal partn
par

Improvements made on
n Separate P
Property
bl
The ownership of improvements,
im whether for utility or adornment, made on the separate
property
rty of the spouses at the expense of the partnership or through the acts or efforts of either or both
spouses
ouseses shall pertain to the conjugal partnership, or to the original owner-spouse, subject to the following
o

rules:

r
When
Whe the cost of the improvement made by the conjugal partnership and any
resulting
result ing increase in value are more than the value of the property at the time of the
esulting
improvement,
impro the entire property of one of the spouses shall belong to the conjugal
R

Ba
partnership,
pa subject to reimbursement of the value of the property of the owner-spouse
at the time of the improvement; otherwise, said property shall be retained in ownership
by the owner-spouse, likewise subject to reimbursement of the cost of the improvement.
an

In either case, the ownership of the entire property shall be vested upon
n the
he
reimbursement, which shall be made at the time of the liquidation of the conjugal
njugal

es
partnership.

Charges Upon and Obligations of the Conjugal Partnership

(1)The support of the spouse, their common children, and the legitimate
egitimate
mate children of
o either
bl
ed by the provisions of this Code on
spouse; however, the support of illegitimate children shall be governed
Support;

(2) All debts and obligations contracted during the marriage

riage by the desig
designated administrator-
o

spouse for the benefit of the conjugal partnership of gains,

ns, or by both spouses
spou or by one of them with
the consent of the other;

(3) Debts and obligations contracted by either

er spouse withou
without the consent of the other to the
R

extent that the family may have benefited;

Aguete v. PNB, 2011

an

The application for loan shows ws that the loan would

w be used exclusively "for additional working
[capital] of buy & sell of garlic & virginia
nia tobacco." In her testimony, Aguete confirmed that Ros engaged
in such business, but claimeded to be unaware wh whether it prospered. Aguete was also aware of loans
contracted by Ros, but did not know where he h "wasted the money." Debts contracted by the husband
h

for and in the exercise

see of the industry or p profession by which he contributes to the support of the family
cannot be deemed exclusive and
d to be his exclusive a private debts.

If the usband himself is the principal obligor in the contract, i.e., he directly received the money
e husband
C

and services to be used in or foffor his own business or his own profession, that contract falls within the term
"x x x x obligationss for the benefit of the conjugal partnership." Here, no actual benefit may be proved. It
is enough that the benefit
ene to the family is apparent at the signing of the contract. From the very nature of
o

the contract of loan or services, the family stands to benefit from the loan facility or services to be
rendered to the business or profession of the husband. It is immaterial, if in the end, his business or
profession fails or does not succeed. Simply stated, where the husband contracts obligations on behalf of
the family business, the law presumes, and rightly so, that such obligation will redound to the benefit of
R

the conjugal partnership.

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(4) All taxes, liens, charges, and expenses, including major

jor or minor
min repairs upon the conjugal
partnership property;

r
ation
n made during th
(5) All taxes and expenses for mere preservation the marriage upon the separate
property of either spouse;

Ba
se to commence or ccomplete a professional, vocational, or
(6) Expenses to enable either spouse
other activity for self-improvement;

(7) Antenuptial debts of either

er spous
sp
spouse far
ar as they have redounded to the benefit of the
insofar
family;

es
(8) The value of what at is donated or p
promised by both spouses in favor of their common
legitimate children for
or the
he exclusive purpose
purpo
purp of commencing or completing a professional or vocational
ctivity
ty for self-improvement;
course or other activity self-improv
prov and
bl
(9) Expenses
enses of litigation between the spouses unless the suit is found to groundless.

Iff the conjugal partnership

part
par is insufficient to cover the foregoing liabilities, the spouses shall be
solidarily
rily liable for the u
idarily unpaid balance with their separate properties.
o

r
The paym
payment of personal debts contracted by the husband or the wife before or during the
marriage shall not be charged to the conjugal properties partnership except insofar as they redounded to
the benefit of the family.
R

Ba
Neither shall the fines and pecuniary indemnities imposed upon them be charged to the
partnership.
pa
an

However, the payment of personal debts contracted by either spouse before the marriage, arriag that
t
of fines and indemnities imposed upon them, as well as the support of illegitimate children ldren of either
eith

es
spouse, may be enforced against the partnership assets after the responsibilitiess enumerated
numerated in th the
preceding Article have been covered, if the spouse who is bound should have no o exclusive
clusive property o or if
it should be insufficient; but at the time of the liquidation of the partnership, such
uch spouse shall be ch
ccharged
for what has been paid for the purpose above-mentioned.
bl
Loses in gamblings shall be borne by the loser, but any winnings
ngs therefrom shall fo
form
f part of the
conjugal partnership property.

Ayala Investment Corporation v. CA G.R. No. 118305, Feb. 12,

2, 1998
99
o

Indirect benefits that might accrue to a husbandnd in his signing as a surety

s or guarantee agreement
not in favor of the family but in favor of his employer
ployer corporation area not the benefits that can be
considered as giving a direct advantage accruingg to the Hence, the creditors cannot go against the
he family. Hence
R

conjugal partnership property of the husband d in satisfying the oobligation subject of the surety agreement.
obli
A contrary view would put in peril the conjugal
ugal partnership property by allowing it to be given gratuitously
tnership pro
prop
as in cases of donation of conjugal partnership
tnership
ship property, whwhich is prohibited.
an

Administration of the Conjugal Partnership

nership Property
Propert

The administration
n and
nd enjoyment of the conjugal partnership shall belong to both spouses
jointly.
h

In case off disagreement, the h

husband's decision shall prevail, subject to recourse to the court by
roper
oper remedy, which must be availed of within five years from the date of the contract
the wife for proper
implementingg such
uch decision.
C

In the event
vent that
tha one spouse is incapacitated or otherwise unable to participate in the
administration of thee co
conjugal properties, the other spouse may assume sole powers of administration.
o

These powers do not include disposition or encumbrance without authority of the court or the written
consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance
shall be void. However, the transaction shall be construed as a continuing offer on the part of the
consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance
R

by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors.
ors.
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Aggabao v. Parulan, 2010

r
Art. 124 of the Family Code prevails. Art. 173 off the Civil Code was already
a repealed by the Family
Code. The sale was made on 1991, after the effectivity
ivity of the Family Code.
Co
C According to Art. 256 of the
Family Code, the provisions of the Family Codee may apply pply retroactively
retroact provided no vested rights are

Ba
impaired.

Petitioners failed to substantiate their that Dionisio, while holding the administration
ir contention th
over the property, had delegated to his brother, r, Atty.
her, Atty Parulan, the administration of the property,
Atty
considering that they did not present ent in co
resent court thee SPA
S granting to Atty. Parulanthe authority for the
administration. The petitioners’s’ insistence
stence that
tha Atty.
A Parulan’s making of a counter-offer during the March

es
25, 1991 meeting ratified thee sale merits no consideration because a transaction without Dionisio’s
written consent would be void.
oid. There was nonothing to be ratified.

Due diligence
encee is required in verifying
ve
v vendor’s title and agent’s authority to sell property. The
petitioners knew
ew fully well
ell that the law
l demanded the written consent of Dionisio to the sale, but yet they
bl
did not presentnt evidence to sh
sent show that they had made inquiries into the circumstances behind the
execution purportedly executed by Dionisio in favor of Ma. Elena. The final payment of
n of the SPA purpor
P700,000.00
0.00 even without the owner’s duplicate copy of the TCT No. 63376 being handed to them by Ma.
000.00
Elena revealing lack of precaution on the part of the petitioners. They did not take immediate
ena indicated a revea
reveal
o

action Ma. EElena upon discovering that the owner’s original copy of TCT No. 63376 was in the
n against Ma

r
Atty. Parulan, contrary to Elena’s representation.
possession of Att
Atty

Fuentes v. Roca,
R 2010
R

Ba
Although Tarciano and Rosario got married in 1950, Tarciano sold the conjugal property to o the
Fuentes
Fue spouses on January 11, 1989, a few months after the Family Code took effect on August 3, 1988. 88.
an

Thus, the law applicable to the case at bar is the Family Code and not the CivilCode. Accordingg to Art.
Ar 105
erships
hips of
of the Family Code:͆xxx The provisions of this Chapter shall also apply to conjugal partnerships o gains
ga
already established between spouses beforethe effectivity of this Code, without prejudicece to vested rights
righ

es
cle 256.
already acquired in accordance with the Civil Code or other laws, as provided in Article 256.”

When Tarciano sold the conjugal lot to the Fuentes spouses on January uaryy 11, 1989, the law
la that
governed the disposal of that lot was alreadythe Family Code. In contrast to o Article
rticle 173 of the C
Civil Code,
Article 124 of the Family Code does not provide a period within which thehe wife who gave no cconsent may
bl
assail her husband’s sale of the real property. It simply provides that without
thout the other spouse’s
sp written
consent or a court order allowing the sale, the same would be void. d.

ontracts,
racts, a void or inexistent
Under the provisions of the Civil Code governing contracts, in contract has no
o

force and effect from the very beginning. It cannot be validated

lidated
d either by ratif
ra
ratification or prescription. But,
although a void contract has no legal effects even if no
o action is taken to set
se it aside, when any of its terms
have been performed, an action to declare its inexistence
xistence is necessary
existence necessar to allow restitution of what has
been given under it. According to Art. 1410 of the Civilvil Code: “The action
a or defense for the declaration
R

of the inexistence of a contract doesnot prescribe.”

scribe.”
be.”

Since the sale was void from the beginning, the lland remained the property of Tarciano and
an

Rosario despite that sale. When the two died,they

,the passed on the ownership of the property to their heirs,
namely, the Rocas. As lawful owners,
ners, the Rocas had the
th right, under Article 429of the Civil Code, to exclude
any person from its enjoymentnt and disposal.
disposal.

Donation of Conjugal property

roperty
pe
h

Neither spouse
pouse may donate an any
a conjugal partnership property without the consent of the other.
Except: moderate
ate
te gifts for charity
rity o
or on occasions of family rejoicing or family distress.
C

Dissolution of Conjugal
onjugal Partnership
Partn Regime

(1) Upon Death th of either spouse;

o

(2) Decree of legal separation;

(3) Marriage is annulled or declared void; or
(4) judicial separation of property during the marriage.
R

Effect of Separation in fact

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(1) The spouse who leaves the conjugal home or refuses uses
es to live
liv th
therein, without just cause, shall
not have the right to be supported;

r
(2) When the consent of one spouse to any transaction
ansaction of the other
othe is required by law, judicial
authorization shall be obtained in a summary proceeding;
eeding;
ng;
(3) In the absence of sufficient conjugal al partnership property, the separate property of both
ership prope

Ba
spouses shall be solidarily liable for the support
ort of the family. The spouse present shall, upon petition in
a summary proceeding, be given judicial authority to admi administer
admin or encumber any specific separate
property of the other spouse and use the fruitsits or proceeds thereof to satisfy the latter's share.

Abandonment

es
If a spouse withoutt just
st cause abandons
abando the other or fails to comply with his or her obligation to
the family, the aggrieved
d spouse petitio the court: 1) for receivership, 2) for judicial separation of
ouse may petition
property, or 3) for authority
thority
ority to be the sole
so administrator of the conjugal partnership property.

The obligations
ligations to the fam
family mentioned in the preceding paragraph refer to marital, parental or
bl
ations.
ons.
property relations.

deeme to have abandoned the other when he or she has left the conjugal dwelling
deem
A spouse is deemed
thout
withoutut intention of ret
retu
returning. The spouse who has left the conjugal dwelling for a period of three months
o

or hass failed within

with the
t same period to give any information as to his or her whereabouts shall be prima

r
facie presumed to have no intention of returning to the conjugal dwelling.

Liquidation of the Conjugal Partnership Assets and Liabilities

R

Ba
Upon
pon the dissolution of the conjugal partnership regime, the following procedure shall apply:
an

partn
(1) An inventory shall be prepared, listing separately all the properties of the conjugal partnership
and the exclusive properties of each spouse.
(2) Amounts advanced by the conjugal partnership in payment of personal debts bts and obligations
obligatio

es
of either spouse shall be credited to the conjugal partnership as an asset thereof.
(3) Each spouse shall be reimbursed for the use of his or her exclusive funds nds in the acquisition of
property or for the value of his or her exclusive property, the ownership of which hich has been vested by b law
in the conjugal partnership.
(4) The debts and obligations of the conjugal partnership shall bee paid aid out of the conjugal
co
con assets.
bl
In case of insufficiency of said assets, the spouses shall be solidarily liable
ble for the unpaid balance
ba
bal with their
separate properties, in accordance with the provisions of paragraph ph (2)) of Article 121.
12
(5) Whatever remains of the exclusive properties of thee spouses pouses shall thereafter
therea
there be delivered to
each of them.
o

(6) Unless the owner had been indemnified from whatever ever source, the loss or deterioration of
movables used for the benefit of the family, belongingg to either spouse, ev even due to fortuitous event,
shall be paid to said spouse from the conjugal funds, s, if any.
(7) The net remainder of the conjugal partnershiprship properties shall constitute the profits, which
artnership
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shall be divided equally between husband and different proportion or division was agreed
nd wife, unless a diffe
dif
upon in the marriage settlements or unless ss there has been
b a voluntary
vvo waiver or forfeiture of such share
as provided in this Code.
an

(8) The presumptive legitimes es of thee com

common ch children shall be delivered upon the partition in
accordance with Article 51.

Abalos v. Macatangay, 439 SCRA

RA 649 (2004)
(2004
h

Prior to the liquidation

iquidation of the conjugal
co partnership, the interest of each spouse in the conjugal
assets is inchoate,, a mere expectancy, which constitutes neither a legal nor an equitable estate, and does
not ripen into title
itle until it appears that there are assets in the community as a result of liquidation and
settlement. Thee interest of each spouse is limited to the net remainder resulting from the liquidation of
C

the affairs of the

hee partnerships
partnership after its dissolution. Thus, the right of the husband or wife to one-half of
the conjugal assets tss does nnot vest until the dissolution and liquidation of the conjugal partnership or after
no
dissolution of the marriage
arri , when it is finally determined that, after settlement of conjugal obligations,
o

there are net assets left which can be divided between the spouses or their respective heirs. The Family
Code requires WRITTEN consent of the other spouse or authority of the court for the disposition or
encumbrance of conjugal partnership by the other spouse if the former spouse is incapacitated or
otherwise unable to participate in the administration of the conjugal partnership. Otherwise, the
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disposition is void.
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Conjugal dwelling

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(9) In the partition of the properties, the conjugal
gal dwelling
ing and the lot on which it is situated
shall, unless otherwise agreed upon by the parties, be adjudicated
djudicated to the
th spouse with whom the
majority of the common children choose to remain. ain. Children
dren below tthe age of seven years are deemed

Ba
to have chosen the mother, unless the court has decided
decided otherwise.
dec otherwis In case there is no such majority,
the court shall decide, taking into consideration interests of said children.
ation the best inter
intere

Termination by Death/ Mandatory Regime

Regim of Complete
mplete Separation of Property

Upon the termination n of the

he marriage
marria by death, the conjugal partnership property shall be

es
ceeding
ding for the sett
liquidated in the same proceeding settle
settlement of the estate of the deceased.

tlement proceeding
If no judicial settlement proceedin
proceed is instituted, the surviving spouse shall liquidate the conjugal
erty either judicially o
partnership property or extra-judicially within six months from the death of the deceased
spouse. If upon n the lapsee of the six-month
six
six- period no liquidation is made, any disposition or encumbrance
bl
involving thee conjugal
onjugal partnership
partnershi property of the terminated marriage shall be void.

surviv
Should the surviving spouse contract a subsequent marriage without compliance with the
foregoing
regoing requirements, a mandatory regime of complete separation of property shall govern the
oing requirement
requirements
o

property
erty relations of the subsequent marriage.

r
Heirs of Protacio
Protac Go v. Servacio
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""Alienation by the survivor. — After the death of one of the spouses, in case it is necessary to sell
ny p
any portion of the community property in order to pay outstanding obligation of the partnership, such
sale
sal must be made in the manner and with the formalities established by the Rules of Court for the sale ale
an

of the property of the deceased persons. Any sale, transfer, alienation or disposition of said aid pro
p
property
affected without said formalities shall be null and void, except as regards the portion that belongs
longs to tthe
vendor as determined in the liquidation and partition. Pending the liquidation, the disposition
sposition
osition must b be

es
considered as limited only to the contingent share or interest of the vendor in thee particular
articular property
propert
involved, but not to the corpus of the property.

This rule applies not only to sale but also to mortgages. The alienation,
ation,
n, mortgage or di disposal of
d
the conjugal property without the required formality, is not however, null b initio, for the law
ull ab la recognizes
bl
their validity so long as they do not exceed the portion which, afterer liquidation and pa partition, should
p
pertain to the surviving spouse who made the contract."

It seems clear from these comments of Senator Arturo o Tolentino on th

turo the provisions of the New
o

Civil Code and the Family Code on the alienation by the surviving
urviving the community property that
ng spouse of th
jurisprudence remains the same - that the alienation n made by the surviving
survivi
surviv spouse of a portion of the
community property is not wholly void ab initio despitespite Article
rticle 103 of th
tthe Family Code, and shall be valid
to the extent of what will be allotted, in the final
nal partition,
artition, to the vvendor. And rightly so, because why
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invalidate the sale by the surviving spouse of a portion of the co community

com property that will eventually be
his/her share in the final partition? Practically re is no reaso
cally there reason for that view and it would be absurd.
an

Separation
ration off Property
Pro of the Spouses and
Administration off Common
mmon Property by b One Spouse During the Marriage

How can it be done?

e?
h

1. Express declaration in the ma

marriage settlements
2. by judicial order, which
dicial order, wh mayma either be voluntary or for sufficient cause.

Toda Jr., v. CA,

A, 19
1990
C

A separation
ion
on of property
pro cannot be effected by mere execution of a contract or agreement of
the parties but by thee decree
d of the court approving the same.
o

Sufficient cause for judicial separation of property:

(1) Civil interdiction;

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(2) That the spouse of the petitioner has been judicially declared an absentee;
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(2years without news or 5 years, if he left an administrator)

dminist
(3) That loss of parental authority of the spouse of petitioner
tioner has been decreed by the court;
etitioner
(4) That the spouse of the petitioner has abandonedned the latter or failed
fa to comply with his or her

r
obligations to the family;
(5) That the spouse granted the power of administration
nistration in the marriage settlements has abused
dministration
that power; and

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(6) The spouses have been separated in fact for at least oneon year and reconciliation is highly
improbable.

Voluntary Dissolution

The spouses may jointly

tly file a verified p
petition with the court for the voluntary dissolution of the

s
absolute community or thehe conjugal partnership
partners
partne of gains, and for the separation of their common
properties.

e
personal creditors
ors of the
All creditors th absoluteute ccommunity or of the conjugal partnership of gains, as well as the
sshall be listed in the petition and notified of the filing thereof. The court
tors of thee spouse, sha
bl
easures
sures to protect th
shall take measures the creditors and other persons with pecuniary interest.

al of the Former Regime

Revival Reg
Regi
o

The spouses
ou may, in the same proceedings where separation of property was decreed, file a

r
motion in court for a decree reviving the property regime that existed between them before the
separation of property
p in any of the following instances:
R

Ba
( When the civil interdiction terminates;
(1)
(2) When the absentee spouse reappears;
(3) When the court, being satisfied that the spouse granted the power of administration in the
an

marriage settlements will not again abuse that power, authorizes the resumption of said administration;
ministr
(4) When the spouse who has left the conjugal home without a decree of legal separation
paration
ation
resumes common life with the other;

es
(5) When parental authority is judicially restored to the spouse previously deprived
eprived
rived thereof;
(6) When the spouses who have separated in fact for at least one year, reconcile
econcile
ncile and resume
common life; or
(7) When after voluntary dissolution of the absolute community of property
operty or conjugal
partnership has been judicially decreed upon the joint petition of the spouses,
es, they agree to the revival
ouses,
bl
of the former property regime. No voluntary separation of property mayy thereafter be gra granted.

Administration of exclusive property of either spouse

o

(1) When one spouse becomes the guardian of the he other;

er
(2) When one spouse is judicially declared an absentee;
(3) When one spouse is sentenced to a penalty
alty which carries wi
nalty with it civil interdiction; or
wit
(4) When one spouse becomes a fugitivee from m justice or is in hiding as an accused in a criminal
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case.

If the other spouse is not qualified

fied by reason of incompetence,
inco
in conflict of interest, or any other
an

just cause, the court shall appoint a suitable per

person to be the administrator.

Regime
egime of Sepa
Separation of Property

How can it be done?

h

ment in the marriage settlements

By agreement

ration
tion of property may
Separation m refer to present or future property or both. It may be total or partial.
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se,
e, the property
In the latter case, propert not agreed upon as separate shall pertain to the absolute community.

Legal Effect
o

Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate,
without need of the consent of the other. To each spouse shall belong all earnings from his or her
profession, business or industry and all fruits, natural, industrial or civil, due or received during the
R

marriage from his or her separate property.

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Both spouses shall bear the family expenses in proportion

ortion
ion to their
the income, or, in case of
ue of their separate
insufficiency or default thereof, to the current market value separat properties.

r
or family
The liabilities of the spouses to creditors for mily expenses sshall, however, be solidary.

Ba
e of Unions Without Marriage
Property Regime

Informal Civil Relationship

Art. 147. When a man and nd a woman

wo who are
ar capacitated to marry each other, live exclusively
with each other as husband and wife withou the benefit of marriage or under a void marriage, their
ife without

es
wages and salaries shall bee owned
wned by them in equal
e shares and the property acquired by both of them
through their work or industry
try shall be governed
dustry gover by the rules on co-ownership.

Capacitated
ed means,
mean the parties
arties are male and female; at least 18 years of age; not falling under
art. 37 & 38
bl
In proof to the contrary, properties acquired while they lived together shall be
n thee absence of pro
presumed
med obtained by their joint efforts, work or industry, and shall be owned by them in
d to have been ob
o
equal
ual shares.
o

r
purposes of this Article, a party who did not participate in the acquisition by the other party
For purpo
of any property
propert shall be deemed to have contributed jointly in the acquisition thereof if the former's
consisted in the care and maintenance of the family and of the household.
efforts cons
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Neither party can encumber or dispose by acts inter vivos of his or her share in the property
perty
acq
acquired during cohabitation and owned in common, without the consent of the other, until after the
an

termination of their cohabitation.

When only one of the parties to a void marriage is in good faith, the share of thee party in bad faith
fai

s
efault
in the co-ownership shall be forfeited in favor of their common children. In case of defaultult of or waiver by
b
any or all of the common children or their descendants, each vacant share shall belong ng to the respective
respect

e
surviving descendants. In the absence of descendants, such share shall belong to the innocent party part
party. In all
cases, the forfeiture shall take place upon termination of the cohabitation.
bl
Property Regime under Art. 148

In cases of cohabitation not falling under the precedingng Article, only the pr
p
properties acquired by
both of the parties through their actual joint contribution of money,
oney, property, or industry shall be owned
o

by them in common in proportion to their respective contributions.

ibutions. In the absence of proof to the
contrary, their contributions and corresponding shares res
es are presumed to be equal. The same rule and
presumption shall apply to joint deposits of moneyy and evidences of cre
credit.
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If one of the parties is validly married to another, his or he

h share in the co-ownership shall accrue
her
to the absolute community or conjugal partnership
rtnershipp existing in such
s valid marriage. If the party who acted
nother,
her, his or her shall
in bad faith is not validly married to another, sha
s be forfeited in the manner provided in the
an

last paragraph of the preceding Article.cle.

The foregoing rules on

n forfeiture
ure shall likewise
likew apply even if both parties are in both in bad faith.

Joaquino v. Reyes, 434 SCRA

RA 260 (2004)
(200
h

Article 148
48 is the property rregime that will apply in case where the partners have a legal
impediment to o marry each other. In
I this property regime, only the property acquired by them through
their actual joint
nt contribution of money, property or industry shall be owned by them in common and in
oint
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proportion to their
heir respective contributions. The registration of a property in the name of the paramour
who had no income whatsoever at the time of the donation by a husband is tantamount to a donation
me whats
which is void under Article
A 87 of the Family Code. The paramour then holds the property under a
o

constructive trust under Article 1456 in favor of the conjugal partnership of the husband with the
legitimate spouse. Status of an illegitimate child who claimed to be an heir to a decedent’s estate could
not be adjudicated in an ordinary civil action such as in a case for recovery of property.
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Villanueva v. Court of Appeals, 427 SCRA 439 (2004)

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For as long as it is proven that property was acquired d during

uring the
t marriage, the presumption of
conjugality will attach regardless in whose name the property perty is registered.
registe The presumption is not

r
rebutted by the mere fact that the certificate of title off the property
perty or the tax declaration is in the name
of one of the spouses. A reading of Article 148 shows ws that
at there must be proof of actual joint contribution
by both the live-in partners before the property rty becomes co-owned
co--own by them in proportion to their
mes co

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contribution. The presumption of equality off contribution arises only in the absence of proof of their
proportionate contributions, subject to the condition that actuactual joint contribution is proven first. Simply
put, proof of actual contribution by both parties
tiess is required; otherwise there is no co-ownership and no
presumption of equal sharing.

TTHE FAMILY

es
Chapter 1. TThe Family as an Institution

The family,
y, being foundation of the nation, is a basic social institution which public policy
eing the foundatio
cherishes and protects.
bl
Constitution
tion

Sec. 12, Art. II, TThe State recognizes the sanctity of family life and shall protect and strengthen
o

the family basic social institution.

mily as a ba

r
Sec. 1,
Sec 1 Art. XV, The State recognizes the Filipino Family as a foundation of the nation. It shall
strengthen its solidarity and actively promote its total development.
R

Ba
Family relations are governed by law and no custom, practice or agreement destructive of the
family
fam shall be recognized or given effect. Family relations include those:
an

(1) Between husband and wife;

(2) Between parents and children;

es
(3) Among brothers and sisters, whether of the full or halfblood.

Civil Actions

No suit between members of the same family shall prosper unless ss it should appe
app
appear from the
bl
mise
verified complaint or petition that earnest efforts toward a compromise se have been mad
made, but that the
same have failed. If it is shown that no such efforts were in fact made,
ade, the same case m must be dismissed.

This rules shall not apply to cases which may not be thee subject of comp
compr
compromise under the Civil
o

Code.

Revised Penal Code

R

Theft, swindling, malicious mischief; spouses,

ouses, ascendants
ascendan and descendants or relatives by
affinity within the same line; widowed spouse-property
perty of the deceased spouse, brothers and sisters
ouse-property
and brothers in-law and sisters in-law, if living
ving together
an

Prescription

Prescription does not run between husb

husband and wife even through there is separation of property
riage
agreed upon in the marriagege settlement; also
als between parents and children during minority or insanity of
h

the latter; between guardian during the continuance of guardianship

uardian and ward du

Chapter 2. The Family Home

C

Who may constitute?

stitute
itute?

Jointly by thee h
husband and the wife or
o

By an unmarried head of a family

What does it consist of?

R
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The dwelling house where they and their family reside, and th
the land on which it is situated.

The family home must be part of the properties of thehe absolute community
com or the conjugal

r
partnership, or of the exclusive properties of either spouse
ouse with
h the latter's
latter' consent. It may also be
constituted by an unmarried head of a family on hiss or her own property
property.
propert

Ba
Nevertheless, property that is the subject
bject of a conditional sale on installments where ownership
is reserved by the vendor only to guarantee purchase price may be constituted as a
e payment of the pu
family home.

The actual value of the family

amilyy home
ho shall not
ott exceed, at the time of its constitution, the amount
of the three hundred thousand d pesos
os in urban areas,
a and two hundred thousand pesos in rural areas, or

es
such amounts as may hereafter
after
er be fixed by law.
law

What is required?

They must actually

ally reside therein
tth
bl
When does
es itt become a Family
Fami Home?

From
From i is occupied as a family residence. From the time of its constitution and so long
m the time it
o

as anyy of its beneficiaries

beneficia
benef actually resides therein.

r
Benefits?
R

Ba
It
I is exempt from execution, forced sale or attachment except as hereinafter provided and to
the extent of the value allowed by law. Except:
he ex
(1) For nonpayment of taxes;
an

(2) For debts incurred prior to the constitution of the family home;
(3) For debts secured by mortgages on the premises before or after such constitution;
tion;; and
(4) For debts due to laborers, mechanics, architects, builders, materialmen and others
hers who have
hav

es
rendered service or furnished material for the construction of the building.

Benefit is prospective; it cannot shield against debts which became due

ue prior to Aug. 3, 198
19
1988, if
the family home was not constituted judicially or extra-judicially.
bl
Kelley v. Planters Products Inc., 2008

Under the Family Code, there is no need to constitute thehe family home judici
judicially
judic or extrajudicially.
All family homes constructed after the effectivity of the Family
mily Code (August 3, 11988) are constituted as
o

such by operation of law. All existing family residences ass of August

ugust 3, 1988 are
ar considered family homes
and are prospectively entitled to the benefits accordedd to a family home u under the Family Code.

De Mesa v. Acero, 2012

R

While it is true that the family home

me is constituted
stituted on a house and lot from the time it is occupied
as a family residence and is exempt from om execution or foforce
forced sale under Article 153 of the Family Code,
an

such claim for exemption should bee set up and proved to t the Sheriff before the sale of the property at
public auction. Failure to do so would ld estop the party
part
pa from later claiming the exemption. As this Court
ruled in Gomez v. Gealone:

Although the Rules

uless of Court does not
no prescribe the period within which to claim the exemption,
n
h

the rule is, nevertheless,

less, well-settled
s, we
well -settled that the right of exemption is a personal privilege granted to the
settled tha
judgment debtor and as such, it must b be claimed not by the sheriff, but by the debtor himself at the time
of the levy or within
ithin a reasonable period
p thereafter;
C

"In the absence of exp

express provision it has variously held that claim (for exemption) must be made
at the time of the levy
evy if the debtor is present, that it must be made within a reasonable time, or promptly,
or before the creditor has taken any step involving further costs, or before advertisement of sale, or at
or h
o

any time before sale, or within a reasonable time before the sale, or before the sale has commenced, but
as to the last there is contrary authority."
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Beneficiaries?

r
(1) The husband and wife, or an unmarried person rson who is the head of a family; and
(2) Their parents, ascendants, descendants,, brothers
thers and sisters,
sisters whether the relationship be
legitimate or illegitimate, who are living in the family
amily home
me and who depend upon the head of the

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family for legal support.

A person may constitute, or be the beneficiary

eficiary of, only
eneficiary o one family home.

May it be Sold/encumbered?

es
The family home may be sold, alienate
alienated,
alienated donated, assigned or encumbered by the owner or
owners thereof with thee written
itten consent of the
t person constituting the same, the latter's spouse, and a
majority of the beneficiaries
aries of legal age. In
ficiaries I case of conflict, the court shall decide.

What happens if one or both spous

spouses
spou die or the Head of the Family dies?
bl
The family shall continue despite the death of one or both spouses or of the unmarried
amily home shal
head of the family for a period
pe of ten years or for as long as there is a minor beneficiary, and the heirs
cannot same unless the court finds compelling reasons therefor. This rule shall apply
nnott partition the sam
o

regardless
dless of whoever
whoeve owns the property or constituted the family home.
who

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PATERNITY AND FILIATION
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Chapter 1. Legitimate Children

Filiation
Fili of children
an

By nature. Natural filiation may be legitimate or illegitimate.

es
By adoption.

Rivera v. Heirs of Romualdo Villanueva G.R. No. 141501, July 21, 2006

The mere registration of a child in his or her birth certificate as the child of the supp
supposed parents
suppo
bl
is not a valid adoption, does not confer upon the child the status of an adopted child and the legal rights
of such child, and even amounts to simulation of the child’s birth rth or falsification of
o his or her birth
certificate, which is a public document. In Benitez-Badua v. CA, A, itt is well-settled
well
wel -settled that a record of birth is
ettled th
merely a prima facie evidence of the facts contained therein. ein. It is not conclusive
herein. con evidence of the
o

truthfulness of the statements made there by the interested ed parties. Following

erested FFoll thelogic of Benitez,
Angelina should have adduced evidence of her adoption, ion,
on, in view of the co contents of her birth certificate.
The records, however, are bereft of any such evidence.nce.
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Legitimate

Children conceived or born during

ring the marriage of
o tthe parents are legitimate.
an

Children conceived as a resultt of artificial ins

inse
insemination of the wife with the sperm of the
husband or that of a donor or both aree likewise legitimate
leg children of the husband and his wife,
provided, that both of themm authorized ratified such insemination in a written instrument executed
uthorized or ratifi
and signed by them before
oree the birth of the child.
c The instrument shall be recorded in the civil registry
h

together with the birth

rth
th certi ficate of the child.
certificate c

Illegitimate
C

Children
en
n conceived an
and born outside a valid marriage or void marriage, except:

ore judgment of annulment

1. Born before
o

2. Before nullity- art 36

3. Void marriage bec. of failure to comply with Arts. 52 & 53

How to impugn Legitimacy?

R
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(1) Physically impossibilty for the husband to have sexual

ual intercourse
inte with his wife within the
first 120 days of the 300 days which immediately preceded the of the
he birth o th child because of:

r
(a) the physical incapacity of the husband to have
ave sexual intercourse with his wife;
al intercours
intercour
(b) the fact that the husband and wife weree living
ng separately in such a way that sexual
intercourse was not possible; or

Ba
(c) serious illness of the husband, which prevented sexual intercourse;
ch absolutely preven

(2) Biological proof or other scientificc reasons,

easons, the cchild could not have been that of the
husband, except if thru artificial insemination
emina

(3) That in case of children

dren conceived
onceived th
through artificial insemination, the written authorization

s
ent was obtained th
or ratification of either parent thro
through mistake, fraud, violence, intimidation, or undue
influence.

e A mother cannot
nnot declare again
an adulteress; this presupposes
against the legitimacy of her child or even if she has been sentenced as
that she delivered the child.
upposes th
bl
Gerardo v. Court Appeals, GR.
ourt of Appea G NO. 123450, August 31, 2005

A child born ins

inside a valid marriage is legitimate. Hence a child born inside a bigamous marriage
o

which th cchild of the first marriage which has not been nullified or annulled. An agreement by
h is void is the

r
parties as to the status of a child is void. Only the law determines legitimacy or illegitimacy. Thus, an
admission in pleadings
p by the wife and his second husband that the child is their legitimate son cannot
stand in the face of proof that the first valid marriage of the wife was not annulled or nullified and hence
R

Ba
the ch
child is the legitimate child in the eyes of the law of the first husband. Any declaration of the mother
her
that her child is llegitimate has no probative value.
hat h
an

Arnel Agustin v CA, G.R. No. 162571, June 5, 2005

DNA Testing is a valid means of determining paternity. It is not against the Constitutional
onstitutional
stitutional rig
right

es
against self-incrimination nor against the right to privacy.

Lucas v. Lucas, 2011

A court order for blood testing is considered a "search," which,, under

nder their Constitu
Consti
Constitutions (as in
bl
ours), must be preceded by a finding of probable cause in order to bee valid.
alid. Hence, the re
requirement of a
prima facie case, or reasonable possibility, was imposed in civil actions
ns as a counterpart
counterp of a finding of
probable cause. The Supreme Court of Louisiana eloquently explained
ined --
plained -
o

Although a paternity action is civil, not criminal, constitutional prohibition

riminal,l, the constitut
const
against unreasonable searches and seizures is still applicable, and a proper showing of
sufficient justification under the particular factual circumstances
circumstance of the case must be
made before a court may order a compulsory ulsory blood test. Courts
Cou in various jurisdictions
R

have differed regarding the kind of procedures

dures which are required,
cedures re but those jurisdictions
have almost universally found that a preliminary
minary showing
showi must be made before a court
showin
can constitutionally order compulsory
ulsory
ry blood testing in paternity cases. We agree, and find
an

that, as a preliminary matter,, before the court

c ma
may issue an order for compulsory blood
testing, the moving party mustt show that therthere is a reasonable possibility of paternity. As
explained hereafter, in cases in paternity is contested and a party to the action
n which pate
refuses to voluntarilyy undergo
ndergo a blood test,
te a show cause hearing must be held in which
the court can determine
termine there is sufficient evidence to establish a prima facie
mine whether the
th
h

case which warrants

rrants issuance of a court
c order for blood testing.

The same
me condition
condition precedent
precede
reced should be applied in our jurisdiction to protect the putative father
from mere harassment
assment suits. Thu
arassment Thus, during the hearing on the motion for DNA testing, the petitioner must
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present prima facie

acie evidence or establish a reasonable possibility of paternity.

Herrera v. Alba, 2005

o

The 2002 case of People v. Vallejo discussed DNA analysis as evidence. This may be considered a
180 degree turn from the Court's wary attitude towards DNA testing in the 1997 Pe Lim case, where we
stated that "DNA, being a relatively new science, xxx has not yet been accorded official recognition by our
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courts." In Vallejo, the DNA profile from the vaginal swabs taken from the rape victim matched the
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accused's DNA profile. We affirmed the accused's conviction of rape w

with homicide and sentenced him to
death. We declared:

r
In assessing the probative value of DNA evidence, erefore, courts
ence, therefore, cou should consider,
among other things, the following data: how the samples were co collected, how they were
handled, the possibility of contamination n of thee samples, tthe procedure followed in

Ba
analyzing the samples, whether the proper
roper standards and procedures were followed in
conducting the tests, and the qualification analys who conducted the tests.
cation of the analyst

Vallejo discussed the probative

tive value,
va not
ot admissibility,
admis of DNA evidence. By 2002, there was no
longer any question on the validity
ity of the
th uuse of DNA
N analysis as evidence. The Court moved from the
issue of according "official recognition"
tion" to DNA
ecognition" DN analysis as evidence to the issue of observance of

es
procedures in conducting DNA A analysis.
ana

Heirs of Gilberto Roldan

dan vs. Heirs of Silvela
Silve Roldan and Heirs of Leopoldo Magtulis
G.R. No. 202578; September
tember 27, 2017
bl
The baptismal
ptismal certificate and marriage contract presented by Leopoldo are not sufficient to
prove that
at Natalia mother.
atalia is his mothe
moth

Jurisprudence h has already assessed the probative value of baptismal certificates. In Fernandez v.
o

Court of Appeals, the Court explained that because the putative parent has no hand in the preparation of

r
a baptismal certi
certificate,
certif that document has scant evidentiary value. The canonical certificate is simply a
proof of the act
ac to which the priest may certify, i.e., the administration of the sacrament. In other words,
a baptismal certificate is "no proof of the declarations in the record with respect to the parentage of the
R

Ba
child bap
baptized, or of prior and distinct facts which require separate and concrete evidence." But in Makati
b ati
Shangri-La
Shang
hang Hotel and Resort, Inc. v. Harper, this Court clarified that a baptismal certificate has evidentiary
tiary
value
val to prove kinship "if considered alongside other evidence of filiation." Therefore, to resolve one's e's
an

lineage, courts must peruse other pieces of evidence instead of relying only on a canonical record.
ord. In Reyes
v. Court of Appeals, we held that even if the marriage contract therein stated that the alleged leged
ed father
fa of
the bride was the bride's father, that document could not be taken as evidence of filiation, on, because
cause it was
w

es
not signed by the alleged father of the bride.

In this case, the courts below did not appreciate any other material proof
rooff related to the
baptismal certificate and marriage contract of Leopoldo that would establish is filiation with Natalia.
h his Na The
only other document considered by the RTC and the CA was the Marriage ge Contract
bl
of Leopoldo. But, like his baptismal certificate, his Marriage Contract also
o lacks probative vvalue as the
latter was prepared without the participation of Natalia.

Presumption of Filiation
o

If the marriage is terminated and the mother contracted another m marriage within three hundred
days after such termination of the former marriage,
e, these rules shall govern
ge, g in the absence of proof to
the contrary:
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Former marriage
an

(1) A child born before one ne hundred red eighty days

da after the solemnization of the subsequent
marriage is considered to have been n conceived during
durin the former marriage, provided it be born within
dur
three hundred days after the termination former marriage;
tion of the fo
born n 180 days
18
!------------------------!------------X-------------!
---!!------------
----- X-------
----
h

2nd marriage 300 days

!----------------------------------------------------------------------!
----------------- -----
---------------------
Termination ion
on
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Subsequent marriage
arriage
rriage

(2) A child born

orn after one hundred eighty days following the celebration of the subsequent
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marriage is considered to have been conceived during such marriage, even though it be born within the
three hundred days after the termination of the former marriage.

180 born 300 days

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!-----------------------------!------------------------!----------X-----------!
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Termination 2nd marriage

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No Presumpion applicable

The legitimacy or illegitimacy of a child born afterr three hundred

hund days following the termination

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of the marriage shall be proved by whoever alleges
lleges such legitimacy
legitimac or illegitimacy.
legitimac

Prescription/When to file?

The action to impugn thee legitimacy

gitim of the ch
child
h shall be brought within one year from the
knowledge of the birth or its recording
ng in the civil
ecording civ register, if the husband or, in a proper case, any of his

es
heirs, should reside in the city or municipality where
w the birth took place or was recorded.

If the husbandnd or, in his default, all

a of his heirs do not reside at the place of birth as defined in
the first paragraph h orr where it was recorded,
reco
rec the period shall be two years if they should reside in the
Philippines; and d three years
ears if abroad.
abro
abroa If the birth of the child has been concealed from or was unknown
bl
to the husband
andd or his heirs, the p
period shall be counted from the discovery or knowledge of the birth of
the child or off the fact of registration
regis of said birth, whichever is earlier.

Heirs
irs of Husband may file
f in certain instances
o

r
husband should died before the expiration of the period fixed for bringing his action;
(1) If the h
(2) If he
h should die after the filing of the complaint without having desisted therefrom; or
(3) If
I the child was born after the death of the husband.
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Proof
roof of Filiation
an

(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private handwritten instrument
ten instr
instrume
and signed by the parent concerned.

es
In the absence of the foregoing evidence, the legitimate filiation shall be proved
ovedd by:
by
(1) The open and continuous possession of the status of a legitimate child; d; orr
(2) Any other means allowed by the Rules of Court and special laws.

Eceta v. Eceta, 428 SCRA 204 (2004)

bl
The due recognition of an illegitimate child in a record of birth,, a will, a statem
statement before a court
of record, or in any authentic writing is, in itself, a consummatedted acknowledgement of the child,
d act of acknowled
acknowle
and no further court action is required. In fact, any authentic
enticc writing is treate
treated not just a ground for
o

compulsory recognition; it is in itself a voluntary recognition

tion that
hat does not require
re a separate action for
judicial approval.

Cabatania v. Court of Appeals, 441 SCRA 96 (2004)

04)
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A certificate of live birth purportedlydly identifying

ifying the pu
putative father is not competent evidence of
paternity when there is no showing thatt the putative father fat had a hand in the preparation of said
an

certificate. The local civil registrar hasas no authority

thor to record
re the paternity of an illegitimate child on the
information of a third person. While hile a baptismal certificate
cer
certi may be considered a public document, it can
only serve as evidence of the administrationtration of the sacrament on the date specified but not the veracity
of the entries with respect to the child’s patern
paternity. Thus, certificates issued by the local civil registrar and
paterni
baptismal certificates are inadmissible in evidence as proof of filiation and they cannot be admitted
re per se inadmissibl
h

indirectly as circumstantial
tantial evidence to p prove the same. The fact that Florencia’s husband is living and
there is a valid subsisting
bsisting marriage bebetween
bet them gives rise to the presumption that a child born within
marriage is legitimate
itimate even thoug
gitimate though mother may have declared against legitimacy. Presumption of
legitimacy doesn’t
oesn’t
n’t flow out of a d declaration in statute but is based on broad principles of natural justice.
C

Mendoza v. Court of Appe

Appeals G.R. No. 86302, Sep. 24, 1991
Appea
o

Continuous does not mean that the concession of status shall continue forever but only that it
shall not be of an intermittent character while it continues. The possession of such status means that the
father has treated the child as his own, directly and not through others, spontaneously and without
concealment though without publicity. There must be a showing of permanent intention of the supposed
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father to consider the child as his own by continuous and clearr manifestation
mani of paternal affection and
care.

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Jison v. Court of Appeals G.R. No. 124853, Feb.24, 1998
8

To prove open and continuous possession ion of the

he status of an illegitimate child, there must be

Ba
evidence of the manifestation of the permanentent intention of the supposed
s father to consider the child as
his, by continuous and clear manifestationss of parental affecti
affection and care, which cannot be attributed to
affectio
pure charity. Such acts must be of such a nature reveal not only the conviction of paternity, but
uree that they re
also the apparent desire to have andnd treat
tre thee child
hild as such in all relations in society and in life, not
accidentally, but continuously.

es
Action to Establish Legitimate
ate
e Filia
Filiation

The action to o claim

aim legitimacy
legitimacy mmay be brought by the child during his or her lifetime and shall be
transmitted to thee heirs
eirs should the chi
chil
child die during minority or in a state of insanity. In these cases, the
heirs shall havee a period of five years
yea within which to institute the action.
year
bl
Rights of Legitimate
timate Children

(1) To bear the ssurnames of the father and the mother, in conformity with the provisions of the
o

Civil Code on Surnames;

Surnam
Surn

r
(2) To receive
rec support from their parents, their ascendants, and in proper cases, their brothers
and
nd sisters, in cconformity with the provisions of this Code on Support; and
an
(3) To
T be entitled to the legitimate and other successional rights granted to them by the Civil
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Code.
Cod

Illegitimate
Ille Children
an

Illegitimate children may establish their illegitimate filiation in the same way and on the
he sa
same
evidence as legitimate children.

es
Rights of an Illegitimate Child

Illegitimate children shall use the surname and shall be under the parental ental authority of their
t
mother, and shall be entitled to support in conformity with this Code. The egitime of each ill
he legitime illegitimate
i
bl
child shall consist of one-half of the legitime of a legitimate child. Except
ceptt for this modification,
modificat all other
provisions in the Civil Code governing successional rights shall remain ain in
n force.

Briones v. Miguel, 440 SCRA 455 (2004)

o

An illegitimate child shall be under the parental al authority of the mo

m
mother regardless of whether
the father admits paternity. The recognition of an illegitimate
llegitimate child by the
tth father could be a ground for
ordering the latter to give support to, but not custody
ustodyy of, the child, TThe law explicitly confers to the
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mother sole parental authority over an illegitimate

timate follows
follow that only if she defaults can the
ate child; it follo
father assume custody and authority overr the minor, course, the putative father may adopt his own
or, Of course
illegitimate child; in such a case, the child
ild shall be considered
considere
conside legitimate child of the adoptive parent
an

In re petition for change of name,

e, petitioner
titioner Julian LLin ( Carulasan) Wang, March 30, 2005

The law does not allow

llow
w dropping of middle
midd name from registered name unless there are justifiable
venience is not jus
reasons to do so. Mere convenience ju
justifiable. Middle names serve to identify the maternal lineage
h

or filiation of a personn as well as further distinguish

on d him from others who may have the same given name
and surname as he has. An illegitimate child whose filiation is not recognized by the father bears only a
given name and d his mother’s name, and does not have a middle name, unless legitimated or subsequently
recognized byy thehe father. A child can use the surname of the mother instead of the father if there are clear
C

justificable reasons
ons to do so ssuch as to avoid confusion.
sons

Dolina v. Vallecera, 2010

01
o

To be entitled to legal support, petitioner must, in proper action, first establish the filiation of the
child, if the same is not admitted or acknowledged. Since Dolina’s demand for support for her son is based
on her claim that he is Vallecera’s illegitimate child, the latter is not entitled to such support if he had not
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acknowledged him, until Dolina shall have proved his relation to him. The child’s remedy is to file through ugh
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her mother a judicial action against Vallecera for compulsory recognition.

ecognit If filiation is beyond question,
support follows as matter of obligation. In short, illegitimatete children
mate childre are entitled to support and
chi
successional rights but their filiation must be duly proved.

r
Dolina’s remedy is to file for the benefit off her child an action against Vallecera for compulsory
recognition in order to establish filiation and then
n demand Alternatively, she may directly file an
nd support. A

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action for support, where the issue of compulsory
lsory recognition ma
may be integrated and resolved.

o. 222095; August
In re Yuhares Jan Barcelote Tinitigan, G.R. No. Augu 7, 2017

R.A. 9255 states that illegitimate

gitimate
mate chil
children shall
ha use the surname and shall be under the parental
authority of their mother. The e use off the word sshall underscore its mandatory character. The discretion

s
on the part of the illegitimate
ate child to use the surname
su of the father is conditional upon proof of
compliance with R.A. 9255255 and its IRR.
IRR

e It is mandatory
atory
all cases, irrespective
mother of an illegitimate child signs the birth certificate of her child in
ry that the mothe
pective of whether the
t father recognizes the child as his or not. The only legally known
bl
parent of an egitimate child, by the fact of illegitimacy, is the mother of the child who conclusively
n illegitimate
carries thee blood
ood of the mother.
mothe
moth

Legitimated
gitimated
mated Children
o

r
1. Only cchildren conceived and born outside of wedlock;
2 Pa
2. Parents, at the time of conception, were not disqualified by any impediment to marry each
other or both of them were below 18 years old
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3. Parents subsequently enter into a valid marriage
3

The annulment of a voidable marriage shall not affect the legitimation.

an

Legitimated children shall enjoy the same rights as legitimate children.

es
The effects of legitimation shall retroact to the time of the child's birth.

The legitimation of children who died before the celebration of the marriage
iage shall benefit their
arriage t
descendants.
bl
Legitimation may be impugned only by those who are prejudiced
iced within five years
d in their rights, w
from the time their cause of action accrues.

ADOPTION
o

Domestic Adoption Act of 1998 (R.A. 8552)

Adoption is an statutory creation

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Nature of proceedings – in rem; a judicial act;

t; court acquire jjurisdiction over the subject matter of
ourt must acquir
the case, over the parties and over the res,
s, the personal status of the adoptee and the adopter
rsonal status
an

Who may adopt?

(a) Any Filipino citizen of legal age

age,, in posses
posse
possession of full civil capacity and legal rights, of good moral
character, has not been convicted
nvicted
cted of any crime iinvolving moral turpitude, emotionally and psychologically
ildren,
ren, at least sixtee
capable of caring for children, sixteen (16) years older than the adoptee, and who is in a position
h

to support and care for his/her children in keeping with the means of the family. The requirement of
sixteen (16) year difference betwee
between
be n the age of the adopter and adoptee may be waived when the
adopter is the biological
iological parent of tthe adoptee, or is the spouse of the adoptee's parent;
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(b) Anyy alien possessing

posses
possess the same qualifications for Filipino nationals: Provided, That his/her
country has diplomatic
matic rel
relations with the Republic of the Philippines, that he/she has been living in the
Philippines for at least
st three (3) continuous years prior to the filing of the application for adoption and
o

maintains such residence until the adoption decree is entered, that he/she has been certified by his/her
diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to
adopt in his/her country, and that his/her government allows the adoptee to enter his/her country as
his/her adopted son/daughter: Provided, Further, That the requirements on residency and certification
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of the alien's qualification to adopt in his/her country may be waived for the following:
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(i) a former Filipino citizen who seeks to adopt a relativeelative wit

within the fourth (4th) degree of
consanguinity or affinity; or

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(ii) one who seeks to adopt the legitimate son/daughter
/daughterr of his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jo jointly with his/her spouse a
relative within the fourth (4th) degree of consanguinity
guinity or affinity of the Filipino spouse; or

Ba
(c) The guardian with respect to the ward after the termin
termination of the guardianship and
clearance of his/her financial accountabilities.
es.

Husband and wife shall jointly adopt, except

tly ad ept in the following cases:
xcept

(i) if one spouse seeks to adoptopt the legitimate

leg
legit son/daughter of the other; or

s
eekss to adopt his/he
(ii) if one spouse seeks his/her own illegitimate son/daughter: Provided, However, that
the other spouse has signified
gnified
ed his/her consen
consent thereto; or

e
(iii) if the spouses
es are legally sepa
ouses separated from each other.
sep

In case husband and wife jjointly

jo adopt, or one spouse adopts the illegitimate son/daughter of
bl
ointt parental authorit
the other, joint authority shall be exercised by the spouses.

Who Mayy Be Adopted

Adopted??
o

(a) Any perso

pe
person below eighteen (18) years of age who has been administratively or judicially

r
declared available for adoption;
(b) The legitimate son/daughter of one spouse by the other spouse;
(c) An
A illegitimate son/daughter by a qualified adopter to improve his/her status to that of
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legitimacy;
legitim
legitimac
(d) A person of legal age if, prior to the adoption, said person has been consistently considered
red
ed
and treated by the adopter(s) as his/her own child since minority;
an

(e) A child whose adoption has been previously rescinded; or

(f) A child whose biological or adoptive parent(s) has died: Provided, That no proceedings
eedings
ings sha
shall
be initiated within six (6) months from the time of death of said parent(s).

es
Neglected child – 3 months unattended; abandoned child- 7 days unattended
nded
d

R.A. 9523, An Act Requiring Certification of the DSWD to declare a “Child

hild Legally Availab
Available for
Adoption”, as a prerequisite for adoption proceedings.
bl
Declaration of Availability for Adoption

1. Involuntarily Committed Child (3 mos)

o

2. Voluntarily Committed Child (3 mos.) Deed of Voluntary

ntary Committment;
Committm
Comm may be recovered
within 3 mos.
Certification –administrative in nature; primary evidence
dence that the child iis legally available for adoption
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Whose Consent is Necessary to the Adoption?

n? TThe
he written conse
consent
con of the following to the adoption is
hereby required:
an

(a) The adoptee, if ten (10) years of age or over;

(b) The biological parent(s) known, or the legal guardian, or the proper
(s) off the child, if kno
kn
government instrumentality which hass legal custody
custod of the child;

Irrevocability rule
ule - A period months shall be allowed for the biological parents to
riod of 6 mo
h

reconsider any decision

on to relinquish his child
ion c fro adoption before the decision becomes irrevocable

Unknown
wn parents must be ssearched; child placing/caring agencies must locate; before the child
can be searched
d as foundling; legal
hed leg proceedings must be completed to declare the child as abandoned
le
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(c) The legitimate

gitimate and
a adopted sons/daughters, ten (10) years of age or over, of the adopter(s)
and adoptee, if any;
o

(d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with
said adopter and the latter's spouse, if any; and
(e) The spouse, if any, of the person adopting or to be adopted.
R
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Case Study

No petition for adoption shall be set for hearing unless

nless
ss a licensed social
soc worker of the Department,

r
the social service office of the local government unit, orr any child-placing
child
d-placing oor child-caring agency has made
a case study of the adoptee, his/her biological parent(s),
nt(s),, as well as the aadopter(s), and has submitted the
report and recommendations on the matter to the he court hearing suc such petition.

Ba
Supervised Trial Custody

No petition for adoption shall all be finally granted

anted until the adopter(s) has been given by the court
a supervised trial custody period for at least
lea ssix (6) months
moo within which the parties are expected to adjust
psychologically and emotionally lly to each other
othe and establish a bonding relationship. During said period,

es
temporary parental authorityity shall be vested ini the adopter(s).

nterest
rest rule
Child’s best interest

ption
Decree of Adoption
bl
A decree
ree of adoption sshall be effective as of the date the original petition was filed. This provision
shall also
o apply in case the petitioner(s) dies before the issuance of the decree of adoption to protect the
interest
erest adoptee. The decree shall state the name by which the child is to be known.
st of the adoptee
o

r
Civil Registry Record
Reco
Rec

An aamended certificate of birth shall be issued by the Civil Registry attesting to the fact that the
An
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adoptee is the child of the adopter(s) by being registered with his/her surname. The original certificate of
adopte
rth sshall be stamped "cancelled" with the annotation of the issuance of an amended birth certificate
birth te in
its place and shall be sealed in the civil registry records. The new birth certificate to be issued to the
an

adoptee shall not bear any notation that it is an amended issue.

Confidential Nature of Proceedings and Records

es
All hearings in adoption cases shall be confidential and shall not be open to
o thee public. All records,
recor
books, and papers relating to the adoption cases in the files of the court, thee Department,
epartment, or any
an other
agency or institution participating in the adoption proceedings shall be keptt strictly
rictly confidential.
confidential
bl
If the court finds that the disclosure of the information to a third
hird person is necessa
necessary for purposes
connected with or arising out of the adoption and will be for the best interest of the adoptee,
a the court
may merit the necessary information to be released, restrictingg the
he purposes for which
wh
w it may be used.
o

EFFECTS OF ADOPTION

Parental Authority
R

Except in cases where the biological parent

ent is the spouse o
of the adopter, all legal ties between the
biological parent(s) and the adoptee shall be severed
ed and the sa
same shall then be vested on the adopter(s).
an

Adoption only creates a relationship parent aand child

ationship of p

DOPTION
N
EFFECTIVITY OF DECREE OF ADOPTION

option
on effective as of tthe date the original petition was filed. Also apply in case
A decree of adoption
h

the petitioner dies before

efore the issuance of the decree of adoption to protect the interest of the adoptee

Tamargo v Court
rtt of Appeals, June 3,
3 1992
C

Where the petition fo

for adoption was granted after the child had shot and killed a girl, the Supreme
Court did not consider
sider that
tha retroactive effect may be given to the decree of adoption so as to impose a
liability upon the adopting
opt parents accruing at a time when adopting parents had no actual or physically
o

custody over the adopted child. Retroactive affect may perhaps be given to the granting of the petition
for adoption where such is essential to permit the accrual of some benefit or advantage in favor of the
adopted child. In the instant case, however, to hold that parental authority had been retroactively lodged
in the adopting parents so as to burden them with liability for a tortious act that they could not have
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foreseen and which they could not have prevented would be unfair and unconscionable.
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In the matter of the adoption of Stephanie Astorga Garcia, 2005

005
5

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Being a legitimate child by virtue of her adoption,
tion, it follows
llows that SStephanie is entitled to all the
rights provided by law to a legitimate child without discrimination any kind, including the right to bear
rimination of an
the surname of her father and her mother, as discussed
cussed above. This is consistent with the intention of the

Ba
members of the Civil Code and Family Law Committees
ommittees as earlier discussed. In fact, it is a Filipino custom
that the initial or surname of the mother should
hould immediately precede
p the surname of the father.

Additionally, as aptly stated by both

bo parties,
rties, Stephanie's continued use of her mother's surname
es, Step
(Garcia) as her middle name will maintain
ntain her
he maternaln lineage. It is to be noted that Article 189(3) of the
erna
Family Code and Section 1824, 4, Article
cle V of RA 8552
8 (law on adoption) provide that the adoptee remains

es
an intestate heir of his/herr biological
iolog parent.
nt. Hence,
H Stephanie can well assert or claim her hereditary
rights from her natural mother
her in the future.

Legitimacy
bl
The adoptee
optee shall be considered
con the legitimate son/daughter of the adopter(s) for all intents
and purposes
poses and as such is entitled
e to all the rights and obligations provided by law to legitimate
sons/daughters
daughters them without discrimination of any kind. To this end, the adoptee is entitled to
ughters born to th
the
love,
ve, guidance, and support
sup in keeping with the means of the family.
o

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Succession

In llegal and intestate succession, the adopter(s) and the adoptee shall have reciprocal rights of
In
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succession
succes
successio without distinction from legitimate filiation. However, if the adoptee and his/her biological
parent(s)
paren
aren had left a will, the law on testamentary succession shall govern.
an

ment
Preterition is applicable to adopted children vis-a-vis the adopter’s last will and testament

RESCISSION OF ADOPTION

es
Grounds for Rescission of Adoption

Upon petition of the adoptee, with the assistance of the Department

nt if a minor or if over eighteen
(18) years of age but is incapacitated, as guardian/counsel, the adoption
n may
ay be rescinded o on any of the
bl
following grounds committed by the adopter(s):

(a) repeated physical and verbal maltreatment by the adopter(s)

opter(s) despite having
hav
ha undergone
counseling; (b) attempt on the life of the adoptee; (c) sexuall assault
sault or violence; or (d) abandonment
o

and failure to comply with parental obligations.

Adoption, being in the best interest of the child, shall not be subject to rescission by the
adopter(s). However, the adopter(s) may disinherit he adoptee for causes
erit the c provided in Article 919 of the
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Civil Code.

Effects of Rescission
an

If the petition is granted, the pare

parental
ntal authorit
autho
authority of the adoptee's biological parent(s), if known, or
the legal custody of the Department
rtment shall be restored
resto if the adoptee is still a minor or incapacitated. The
reciprocal rights and obligationsns of the adopter(s)
ations adopter and the adoptee to each other shall be extinguished.
adopter(
h

The court shall Registrar to cancel the amended certificate of birth of the adoptee
all order the Civil Reg
and restore his/her certificate.
er original birth certif

Succession
sion rights shall revert
ession re to its status prior to adoption, but only as of the date of judgment
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of judicial rescission.
sion. Vested rrights acquired prior to judicial rescission shall be respected.
ssion.

VIOLATIONS AND PENALTIES

NA
o

Violations and Penalties

(a) The penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years
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and/or a fine not less than Fifty thousand pesos (P50,000.00), but not more than Two hundred thousand
and
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pesos (P200,000.00) at the discretion of the court shall be imposed

osed on any person who shall commit any
of the following acts:

r
(i) obtaining consent for an adoption through coercion, undue influ influence, fraud, improper
material inducement, or other similar acts;
(ii) non-compliance with the procedures and safeguards provided by the law for adoption; or
eguards prov

Ba
(iii) subjecting or exposing the child to be adopted to danger,
o be dang abuse, or exploitation.
(b) Any person who shall cause the fictitious registratio
registration of the birth of a child under the name(s)
of a person(s) who is not his/her biological parent(s)
rent(s) shall be guilty of simulation of birth, and shall be
punished by prision mayor in its mediummedi period
eriod and a fine not exceeding Fifty thousand pesos
od an
(P50,000.00).

es
Any physician or nursese or hospital p
personnel
per who, in violation of his/her oath of office, shall
cooperate in the execution
ion of the abovementioned
abovement crime shall suffer the penalties herein prescribed and
also the penalty of permanent
manent disqualification.
ermanent disqualifica
disqualific

Any person
erson who violate
viola established regulations relating to the confidentiality and integrity
o shall violat
bl
of records, documents,
cuments, and com
communications of adoption applications, cases, and processes shall suffer
the penalty
lty off imprisonment ranging
r from one (1) year and one (1) day to two (2) years, and/or a fine of
not less
ss than Five thousand
thousan pesos (P5,000.00) but not more than Ten thousand pesos (P10,000.00), at the
discretion
cretion
tion of the court.
o

r
A penalty lower by two (2) degrees than that prescribed for the consummated offense under this
Article shall be imposed upon the principals of the attempt to commit any of the acts herein enumerated.
punishable under this Article, when committed by a syndicate or where it involves two (2) or more
Acts punish
R

Ba
childre shall be considered as an offense constituting child trafficking and shall merit the penalty of
children
reclusion
reclus
eclus perpetua.
an

Acts punishable under this Article are deemed committed by a syndicate if carried outt byy a group
of three (3) or more persons conspiring and/or confederating with one another in carryingg outt any of thet
unlawful acts defined under this Article. Penalties as are herein provided, shall be in addition
dition
on to any
any other
oth

es
penalties which may be imposed for the same acts punishable under other laws, ordinances, nances, executive
executiv
orders, and proclamations.

When the offender is an alien, he/she shall be deported immediately

atelyy after service of sentence
and perpetually excluded from entry to the country.
bl
Any government official, employee or functionary who shall all be found guilty of violating
v any of the
provisions of this Act, or who shall conspire with private individuals
iduals shall, in addition
dividuals ad to the above-
prescribed penalties, be penalized in accordance with existing
tingg civil service laws
laws, rules and regulations:
law
o

Provided, That upon the filing of a case, either administrative

nistrative criminal, said government official,
ive or crimi
criminal
employee, or functionary concerned shall automatically
lyy suffer suspension until the resolution of the case.

Rectification of Simulated Births

R

A person who has, prior to the effectivity

fectivity of this Act, simulated
si the birth of a child shall not be
punished for such act: Provided, That the he simulation of bi
birth was made for the best interest of the child
an

and that he/she has been consistently tly considered

dere and tretreated by that person as his/her own
son/daughter: Provided, further, Thatt the applicatio
application for correction of the birth registration and petition
for adoption shall be filed within
hin five (5) years from the effectivity of this Act and completed thereafter:
Provided, finally, That such
h person
erson complies with
wit the procedure as specified in Article IV of this Act and
other requirements as determined
ermined by the DeDepartment.
D
h

Inter-country
Inte
te Adoption (R.A. 8043)

The socio
socio-legal
cio-legal process of adopting a Filipino child by a foreign national or a fil. Citizen
ess o
C

permanently residing
siding abroad; the petition may be filed abroad; supervised trial custody is undertaken
esiding
abroad; decree of adoption
adoptio is issued in a foreign country where applicant resides
o

The child is below 15 years old

Board – Inter-country Adoption Board

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The petition may be filed with the RTC or with the Board
d through
throu an accredited agency (foreign
adoption agency), in the country of the prospective adoptive
e parents
arents

r
SUPPORT
RT

What does it comprise?

Ba
Support compromises everything indispensable for sustenance, dwelling, clothing, medical
attendance, education and transportation, in keeping
eeping with the
t financial capacity of the family.

The education of the person

son entitled
entit to be sup
supported
up referred to in the preceding paragraph shall
include his schooling or training
ng for some profes
profession,
prof trade or vocation, even beyond the age of majority.

es
Transportation shall includee expenses
xpenses in going to and from school, or to and from place of work.

port each other?

Who are obliged to support

(1) Thee spouses;

bl
itimate ascendant
(2) Legitimate ascendants and descendants;
(3)
3) Parents
arents and their llegitimate children and the legitimate and illegitimate children of the
latter;
(4 Parents
(4) arents and their illegitimate children and the legitimate and illegitimate children of the
o

latter;; and
a

r
(5) Legitimate
Legitim brothers and sisters, whether of full or half-blood.

Brothers and sisters not legitimately related, whether of the full or half-blood, are likewise bound
Bro
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Ba
to support each other, except only when the need for support of the brother or sister, being of age, is due
to suppo
sup ue
to cause imputable to the claimant's fault or negligence.
o a cca
an

In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and nd brothers

bro
and sisters, whether legitimately or illegitimately related, only the separate property of the person
rson oblig
o
obliged
to give support shall be answerable provided that in case the obligor has no separate ratee property, the
th

es
absolute community or the conjugal partnership, if financially capable, shall advance ce the which
he support, whic
shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community
commun
or of the conjugal partnership.

Support Pendente Lite

bl
During the proceedings for legal separation or for annulment
ment of marriage, and for declaration of
nullity of marriage, the spouses and their children shall be supported
ted from the properties
ported prope
prop of the absolute
community or the conjugal partnership. After the final judgment nt granting the pe
gment petition, the obligation of
p
o

mutual support between the spouses ceases. However, in casee of legal se separation, the court may order
separ
that the guilty spouse shall give support to the innocent
nt one, specifying the
th terms of such order.

Order or Priority
R

(1) The spouse;

restt degree;
(2) The descendants in the nearest
an

(3) The ascendants in the nearest

earest degree;
egree and
(4) The brothers and sisters.
ers.

When the obligation falls upon two or more persons, the payment of the same
on to give support fal
n them
shall be divided between hem in proportion
proportio to the resources of each.
h

However, in case of urgent nenee

need and by special circumstances, the judge may order only one of
them to furnishh the support provisionally,
provisio
provisi without prejudice to his right to claim from the other obligors
the share duee from
rom them.
C

When two o or more recipients at the same time claim support from one and the same person
legally obliged to givee it,
it should the latter not have sufficient means to satisfy all claims, the order
o

established in the preceding article shall be followed, unless the concurrent obligees should be the
spouse and a child subject to parental authority, in which case the child shall be preferred.
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Demand

The obligation to give support shall be demandable

ble from the time th
the person who has a right to

r
receive the same needs it for maintenance, but it shall not be paid
aid except ffrom the date of judicial or
extrajudicial demand.

Ba
Support pendente lite may be claimed
d in accordance with the Rules of Court.

Payment shall be made within the first st five days of eeach corresponding month or when the
recipient dies, his heirs shall not be obliged
oblige to return
eturn what
wha he has received in advance.
urn wh

Option

es
The person obliged
ged to give support shall
ssh have the option to fulfill the obligation either by paying
the allowance fixed, or by receiving and maintaining
m in the family dwelling the person who has a right to
receive support. The latter alternative cannot
c be availed of in case there is a moral or legal obstacle
thereto.
bl
Attachment
ent

The right to rec

receive
rece support under this Title as well as any money or property obtained as such
o

support
ort shall not be levied upon on attachment or execution.

r
In case of contractual support or that given by will, the excess in amount beyond that required
for legal support
sup shall be subject to levy on attachment or execution.
R

Ba
Furthermore, contractual support shall be subject to adjustment whenever modification is
necessary due to changes of circumstances manifestly beyond the contemplation of the parties.
ne
an

Third Person

es
When the person obliged to support another unjustly refuses or fails to give support
ppor when
urgently needed by the latter, any third person may furnish support to the needyy individual,
ividual, with right
of reimbursement from the person obliged to give support. This Article shall particularly
articularly when the
icularly apply whe
wh
father or mother of a child under the age of majority unjustly refuses to support
ort or fails to give ssupport
pport
to the child when urgently needed.
bl
PARENTAL AUTHORITY

Parental authority and responsibility shall include the caring for and re
rea
rearing them for civic
o

consciousness and efficiency and the development of their oral, mental and
heir moral, an physical character and
well-being.

Parental authority and responsibility may not

ot be renounced or transferred except in the cases
R

authorized by law.

CHARACTERISTICS OF PARENTAL AUTHORITY:

ORITY:
TY:
an

1. ht and
It is a natural right nd duty of the parents
pa
p (Art. 209)
2. It cannot be renounced,
enounced, transferred or waived, except in cases authorized by law (Art
ed, transferre
210)
3. It is jointly
ntly exercised
exercised by the father
f and the mother (Art. 211)
h

4. It is purely personal and cannot

c be exercised through agents
5. It is temporary

Ex. When
en father entrusts
entrust a child to Godfather, what is given is merely temporary custody
C

Joint parental authority

thority
hority
o

The father and the mother shall jointly exercise parental authority over the persons of their
common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial
order to the contrary.
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In case of absence or death of either parent, the parent presen

present shall continue exercising parental
authority. The remarriage of the surviving parent shall not affect
ct the parental
fect pare
p authority over the children,
unless the court appoints another person to be the guardian or property of the children.
ian of the person o

r
al authority
In case of separation of the parents, parental thority shall be exercised
ex
e by the parent designated
by the Court. The Court shall take into account all relevant
vant considerations,
conside especially the choice of the

Ba
child over seven years of age, unless the parent
nt chosen is un
unfit.

eparated
arated from the
No child below 7 years old shall be separated t mother unless the Court finds compelling
reasons to order otherwise.

Gualberto v. Gualberto, 2005

s
Lesbianism is not
ot compelling
ompelling reason to
t deprive the mother of a child below seven years of age.

e
To deprive the wife custody,
ustody,
tody, the husband must clearly establish that her moral lapses have had an
adverse effect on the welfare of the child
ch or have distracted the offending spouse from exercising
proper parental
al care. Writ habeas corpus have no leg to stand on to deprive the mother of a child
rit of habe
habea
bl
below sevenn years
ears of age, unless there are compelling reasons to do so.

dy Hearin
Custody Hearing
o

Habeas Corpus
Corp
Co - to recover custody of a minor

r
Default Standard – the best interest of the child
Defaul
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Ba
M
Mandatory Maternal Custody Regime –maternal preference of the child is below 7 years old

Parental preference rule – the natural parents who are of good character and who can
an

reasonably provide for the child, are ordinarily enttiled to the custody as against all persons

Duties of Children

es
Children shall always observe respect and reverence towards their parents
ts and
nd are obliged to
obey them as long as the children are under parental authority.

Substitute Parental Authority

bl
In case of death, absence or unsuitability of the parents, substitute
ubstitute
itute parental au
authority shall be
exercised by the surviving grandparent. In case several survive, thee one designated byb the court, taking
into account the same consideration mentioned in the preceding
eding shall
ng article, sh exercise the authority.
shall ex
o

In default of parents or a judicially appointed guardian, the following

followi person shall exercise
substitute parental authority over the child in the order indicated:
R

(1) The surviving grandparent;

(2) The oldest brother or sister, over twenty-one
ty--one years of age, unless unfit or disqualified; and
ver twenty
(3) The child's actual custodian,, over
er twenty-one
twenty
twenty--one years
ye of age, unless unfit or disqualified.
an

Judicial Guardian

Whenever the appointment

ointment
tme of a judicial
judicia guardian over the property of the child becomes
der of preference sha
necessary, the same order sh be observed.
shall
h

In case of foundlings, abandon

abandoned neglected or abused children and other children similarly
ntal
tal authority shall be entrusted in summary judicial proceedings to heads of children's
situated, parental
homes, orphanages
ages and similar institutions
anages i duly accredited by the proper government agency.
C

Special Parental Authority

o

The school, its administrators and teachers, or the individual, entity or institution engaged in
child are shall have special parental authority and responsibility over the minor child while under their
supervision, instruction or custody.
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Authority and responsibility shall apply to all authorized

d activi
activities whether inside or outside the
premises of the school, entity or institution.

r
Here, those given the authority and responsibility
lity shall be principally
principa and solidarily liable for
damages caused by the acts or omissions of the unemancipated
ncipated minor. The parents, judicial guardians
emancipated
or the persons exercising substitute parental authority
thority over minor shall be subsidiarily liable.
ver said min

Ba
The respective liabilities of those referred
eferred here shall not
no apply if it is proved that they exercised
n
the proper diligence required under the particular
icular circumstances.
lar circumsta

All other cases not covered

ed by this
th and
an the preceding
pr
pre articles shall be governed by the provisions
of the Civil Code on quasi-delicts.
cts.

es
Filial Privilege

No descendant
ndant
nt shall be compe
compelled, in a criminal case, to testify against his parents and
grandparents, except when
hen such tes
te
testimony is indispensable in a crime against the descendant or by one
bl
parent against
nst the other.
othe

al Privilege
Marital Privileg
o

The Husband
sba or the Wife, during or after the marriage, cannot be examined, without the consent

r
of the other as to any communication received in confidence by one from the other during the marriage
except: 1. In a civil case by one against the other or 2. In criminal case for a crime committed by one
against the other or the latter’s descendants or ascendants
R

Ba
Effect
ffect of Parental Authority
Upon
U p the Persons of the Children
an

(1) To keep them in their company, to support, educate and instruct them by rightt precept ecept and
an
good example, and to provide for their upbringing in keeping with their means;

es
(2) To give them love and affection, advice and counsel, companionship and understanding; ders
(3) To provide them with moral and spiritual guidance, inculcate in them honesty, nesty, integrity, self-
se
discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs,
airs,, and inspire in them
the
th
compliance with the duties of citizenship;
(4) To furnish them with good and wholesome educational materials, erials, the activities,
ls, supervise their
bl
recreation and association with others, protect them from bad company, any,
y, and prevent the them from
acquiring habits detrimental to their health, studies and morals;
(5) To represent them in all matters affecting their interests;
erests;
sts;
(6) To demand from them respect and obedience;
o

(7) To impose discipline on them as may be required red under circumstances;

nder the circum
circ and
(8) To perform such other duties as are imposed parents and guardians. (316a)
ed by law upon pare
paren

Primary Liability of Parents

R

Parents and other persons exercising

sing parental
ntal authorit
authority shall be civilly liable for the injuries and
ons of their unemanci
damages caused by the acts or omissions uneman
unemancipated children living in their company and
an

under their parental authority subject

ect to thee appropriate
app defenses provided by law.

Judicial Guardian

The courts may appoint

point a guardian o
of the child's property or a guardian ad litem when the best
h

interests of the child so requires.

Disciplinary Measures
easures
as
C

The parents
arents
rents or, in th
their absence or incapacity, the individual, entity or institution exercising
parental authority,
y, may p petition the proper court of the place where the child resides, for an order
providing for disciplinary
nar measures over the child. The child shall be entitled to the assistance of counsel,
o

either of his choice or appointed by the court, and a summary hearing shall be conducted wherein the
petitioner and the child shall be heard.
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However, if in the same proceeding the court finds the he petitioner

pet at fault, irrespective of the
merits of the petition, or when the circumstances so warrant,
t, the court may
he cou m also order the deprivation or
suspension of parental authority or adopt such other measures
res as it may deem
asures de just and proper.

r
The measures referred to in the preceding articlele may include tht commitment of the child for
the
not more than thirty days in entities or institutions
ns engaged
ged in child ccare or in children's homes duly

Ba
accredited by the proper government agency.

rityy shall not in

The parent exercising parental authority interfere with the care of the child whenever
committed but shall provide for his suppo
support.
pp Uponon proper
prope petition or at its own instance, the court may
terminate the commitment of thee child
hild whenever
when
w ust
st and proper.
just

es
Effect of Parental Authorityy
Upon the Property of the
he Children
hildren

The father
er and
nd the mother shall
sh
s jointly exercise legal guardianship over the property of the
unemancipated d common without the necessity of a court appointment. In case of disagreement, the
n child with
witho
bl
father's decision
ision unless there is a judicial order to the contrary.
on shall prevail, un

Where the marke

market value of the property or the annual income of the child exceeds P50,000, the
parent
rentt concerned shall be
b required to furnish a bond in such amount as the court may determine, but not
o

less than
han ten per
pe centum
ce (10%) of the value of the property or annual income, to guarantee the

r
performance of ththe
t obligations prescribed for general guardians.

A verified
vve petition for approval of the bond shall be filed in the proper court of the place where
R

Ba
the child
ch resides, or, if the child resides in a foreign country, in the proper court of the place where the
he
property
rope or any part thereof is situated.
prope
an

The petition shall be docketed as a summary special proceeding in which all incidentss and issues
i
regarding the performance of the obligations referred to in the second paragraph of this Article
cle shall
sh b be
heard and resolved.

es
The ordinary rules on guardianship shall be merely suppletory except when en the
he child is under
substitute parental authority, or the guardian is a stranger, or a parent has remarried,
rried, in which ca
married, case the
ordinary rules on guardianship shall apply.
bl
Ownership

The property of the unemancipated child earned or acquired quired with his wwork
wo or industry or by
onerous or gratuitous title shall belong to the child in ownership ip and shall be devoted
ership de exclusively to the
o

latter's support and education, unless the title or transferr provides

ides otherwise.
otherw

The right of the parents over the fruits and income

ncome of the child's property
p shall be limited primarily
to the child's support and secondarily to the collective
lectivee daily needs
needs of the family.
R

Suspension or Termination of Parental Authority

uthority
an

Parental authority terminates

es permanently:
anen
(1) Upon the death of thee parents;
rents
(2) Upon the death off the child;
d; or
(3) Upon emancipation
ation
on of the child
child.
h

Unless subsequently
quently revived by a final judgment, parental authority also terminates:
equently
(1) Upon adoption of the child
child;
(2) Uponn appointment of a general
on g guardian;
(3) Upon
pon declaration of abandonment of the child in a case filed for the purpose;
n judicial declarat
declara
C

(4) Upon
on judgment of a competent court divesting the party concerned of parental
n final judgme
authority; or
(5) Upon judicial
icia declaration of absence or incapacity of the person exercising parental
o

authority.
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Civil Interdiction

Parental authority is suspended upon conviction of the he parent or the

th person exercising the same

r
of a crime which carries with it the penalty of civil interdiction.
rdiction. The authori
authority is automatically reinstated
upon service of the penalty or upon pardon or amnesty esty of the offender.

Ba
The court in an action filed for the purpose
rpose in a related ca
case may also suspend parental authority
if the parent or the person exercising the same:
ame:

(1) Treats the child with excessive

essive harshness
ess or ccruelty;
ness
ptingg orders,
(2) Gives the child corrupting ord sel
el or example;
counsel
(3) Compels the child to beg;; or

es
ld or allo
(4) Subjects the child all ws him to
allows o be subjected to acts of lasciviousness.

The grounds enumerated

umerated above are
a deemed to include cases which have resulted from culpable
negligence of the parent
ent or the person exercising parental authority.
bl
If the parental authority has subjected the child or allowed him to be
he person exercising p
subjected such person shall be permanently deprived by the court of such authority.
d to sexual abuse, suc
su

The person exercising

exer
exe substitute parental authority shall have the same authority over the
o

n of the child as the parents.

person

r
In no ccase shall the school administrator, teacher of individual engaged in child care exercising
parental authority inflict corporal punishment upon the child.
special pare
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Ba
Emancipation (R.A. 6809)
an

Emancipation also takes place: 18 years old

Parental authority is terminated over the person and property of the child; qualified
alified
ed for all acts

es
of civil life; marriage is not a ground for emancipation; requires parental consent until
til 21 years
ye s old
year

Upon emancipation, he can sue and be sued.

The liability of parents under Art. 2180 (2) attaches only in case where
ere the minor lives
liv in their
live
bl
company.
SUMMARY JUDICIAL PROCEEDINGS IN THEE FAMILY MILY LAW

Chapter 1. Prefatory Provisions

o

Art. 238. Until modified by the Supreme Court, the procedural

ocedural rules provided
provid for in this Title shall apply
as regards separation in fact between husband andd wife, abandonment by one of the other, and
incidents involving parental authority. (n)
R

Chapter 2. Separation in Fact

an

Art. 239. When a husband and wife are separated fact, or one has abandoned the other and one of
rate in fact
them seeks judicial authorization
n for a transaction where
wh
w the consent of the other spouse is required by
law but such consent is withheld
eld or cannot
annot be obtained,
obta
obta a verified petition may be filed in court alleging
the foregoing facts.
h

The petition shall attach

ach the proposed deed,
dee if any, embodying the transaction, and, if none, shall
de
describe in detail the said transaction aand state the reason why the required consent thereto cannot be
secured. In anyy case, the final deed duly executed by the parties shall be submitted to and approved by
the court. (n))
C

Art. 240. Claims for damages by either spouse, except costs of the proceedings, may be litigated only in
or damag
a separate action. (n))
o

Art. 241. Jurisdiction over the petition shall, upon proof of notice to the other spouse, be exercised by
the proper court authorized to hear family cases, if one exists, or in the regional trial court or its
equivalent sitting in the place where either of the spouses resides. (n)
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Art. 242. Upon the filing of the petition, the court shall notify the
he other
othe spouse, whose consent to the
transaction is required, of said petition, ordering said spousee to cause why the petition should not
o show cau
be granted, on or before the date set in said notice for thee initial
nitial conference.
conference The notice shall be

r
accompanied by a copy of the petition and shall be servedrved at the known address of the spouse
e last know
concerned. (n)

Ba
Art. 243. A preliminary conference shall be conducted
onducted by the judge
judg personally without the parties being
assisted by counsel. After the initial conference,
ence, if the court deems
de it useful, the parties may be assisted
by counsel at the succeeding conferences and d hearings. (n)
(n

Art. 244. In case of non-appearance

nce of th spouse wh
the sp whose
h consent is sought, the court shall inquire into
the reasons for his failure to appear, require such appearance, if possible. (n)
ppear,, and shall re

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Art. 245. If, despite all efforts,
ts, the attendance of the non-consenting spouse is not secured, the court
fforts,
may proceed ex partee and nd render judgment
judgme as the facts and circumstances may warrant. In any case,
the judge shall endeavor
avor to protect the interests of the non-appearing spouse. (n)
deavor
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Art. 246. If the
he petition is not res
resolved at the initial conference, said petition shall be decided in a
summaryy hearingring on the basis of affidavits, documentary evidence or oral testimonies at the sound
discretion
tion testimony
n of the court. If te
t is needed, the court shall specify the witnesses to be heard and the
subject-matter
ct--matter of their testimonies,
bject t directing the parties to present said witnesses. (n)
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Art. 247. The judgment
judg of the court shall be immediately final and executory. (n)

Art. 248. The

Th petition for judicial authority to administer or encumber specific separate property of the
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abandoning spouse and to use the fruits or proceeds thereof for the support of the family shall also be
aband
abandon
governed
gover
over by these rules. (n)
an

Chapter 3. Incidents Involving Parental Authority

Art. 249. Petitions filed under Articles 223, 225 and 235 of this Code involving parental authority
thority shall be
b

es
verified.. (n)

Art. 250. Such petitions shall be verified and filed in the proper court of the place
acee where the child
resides. (n)
bl
Art. 251. Upon the filing of the petition, the court shall notify the parents
ts or, in their abse
ents absence or
absen
incapacity, the individuals, entities or institutions exercising parental uthority over the child. (n)
ntal authority

Art. 252. The rules in Chapter 2 hereof shall also govern summary
ary proceedings under
mmary un
u this Chapter
o

insofar as they are applicable. (n)

FUNERAL
NER
NERAL
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GENERAL GUIDELINES:

1. duty and right to make arrangement ngement funerals in accordance with Art. 199 of FC:
ment in funeral
an

a. Spouse
b. Descendants in n nearest
arest degree
c. Ascendantss in nearest est degree
d. Brotherss and d sisters
si
2. the funeral shallhall be in keeping wiwit
with the social position of the deceased
h

3. the funeral all shall be in accordance

accordan with the expressed wishes of the deceased
a.. in the absence of ex expressed wishes, his religious beliefs or affiliation shall determine
b. in case of doubt, the persons in Art. 199 of FC shall decide
4. anyy person who disresdisrespects the dead or allows the same shall be liable for damages
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ABSENCE
o

KINDS OF ABSENCE:

1. Physical absence
2. Legal absence
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PROVISIONAL ABSENCE

1. A person disappears from his domicile;

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2. His whereabouts are unknown; and
a. He did not leave any agent; or
b. He left an agent but agent's power hass expired
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THE ADMINISTRATION SHALL CEASE IN ANYY OF THE FOLLOWING
FOLLOWIN CASES:

1. when the absentee appearss personally

pers or by means
me of an agent;
2. when the death of the absentee
bsentee provided
ntee is p d aand his estate or intestate heirs appear;
ed
3. when a third person appears, rs, showing by
b a proper document that he has acquired the absentee's

es
property by purchase or other
herr title

PERIOD OF ABSENCE UNDER

DER EXTRAORDINARY
EXTRAORDI
EXTRAORDIN CIRCUMSTANCES:

1. if a person
rson rodee an airplane
airplan or sea vessel lost in the course of voyage, from the time of loss of the
bl
airplane or sea vessel
2. if a person joined the
th armed forces who has taken part in war, from the time he is considered
missing
ng inn actio
action
3. danger of deat
death under other circumstances, from time of disappearance
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