PERSONS AND FAMILY RELATIONS 2023 VERSION Civil Code – a collection of laws which regulate the private relations

tion of laws which regulate the private relations of the members of civil
society, determining their respective rights and obligations, with reference to persons, things,
LAW and civil acts.
- Rule of conduct, just and obligatory, laid down by legitimate authority for the common
observance and benefit. Genesis of Philippine Civil Code (August 30, 1950):
CIVIL LAW Civil Code of Spain 1889 – Gaceta de Manila, and was patterned under Code Napoleon based
- Branch of law that treats of the personal and family relations of an individual, his property and on Ley de Bases of Spain, common law of Castilla and opinions of juriconsults on Spanish Civil
successional rights, and the effects of his obligations and contracts. Laws.
- Mass of precepts that determine and regulate the relations of assistance, authority, and Manuel Roxas – E.O 48. Created a new Code Commission to meet the need for immediate
obedience among members of the family, and those which exist among members of a society revision of all existing substantive laws of the Philippines and codifying them in conformity
for the protection of private interests, family relations and property rights. with the customs, traditions, and idiosyncrasies of the Filipino people.

Dr. Jorge Bocobo (chair)

Civil Law vs Political Law

🧍🏻‍♀️+🧍🏻‍Civil law – governs the relations of the members of the community to one another.
Judge Guillermo B. Guevarra
Dr. Pedro Y. Tlagan
Dean Francisco R. Cappistrano

🧍🏻‍♀️+ 🏛️Political law – deals with the relations of people and government.
Arturo M. Tolentino – Dr Carmmelino Alvendia

Start – May 8, 1947

Common law- No codification, based on jurisprudence First Draft – Oct 22, 1947
• In both civil and common law there is mix of codification and case law Approval as Republic Act No. 386 An Act to Ordain and Institute the Civil Code of the
• Under art 8 jurisprudence is already part of the system Philippines - June 18, 1949
August 30, 1950 – effective after publication in the Official Gazette
The Law that created the official gazette
Publish English as the language used and it shall prevail over any translation. In translation from
• Administrative acts Spanish to English, the nearest equivalents have been used. While the form is English
• Executive (receptacle), the substance is Spanish-Filipino (content). Thus should be understood stood in
• Administrative orders the light of the Spanish-Philippine Law rather than the Anglo-American sense.
• Proclamations  There are certain civil law terms in Spain translated in to English that are not used in
• Decisions of the supreme court and court of appeals [SOME OF THEM] the Anglo-American law (secuestro – sequestration), like French – English.
o There is no effect of non-publication
o There is no requirement of publication to be binding Code Commission
Commenting on the source of the Civil Code, the code also contains provision chosen with case
from the codes, laws, and decision of other countries and jurists from other nations. Some are
THE CIVIL CODE OF THE PHILIPPINES
also doctrines laid down by the Supreme Court,
1. (1) Philippines, contact with Western culture for four centuries, rightful beneficiary
PRELIMINARY TITLE
of Roman law, a common heritage of civilization. Spain as the chief regulation of the
CHAPTER 1.Effect and Application of Laws
juridical relations among Flipinos, which is natural and fitting to frame the Civil Code
Art. 1. This Act shall be known as the "Civil Code of the Philippines." (n)
upon.
• RA No. 386: “An Act to Ordain and Institute the Civil Code of the Philippines”
2. (2) Anglo American law selection is proper and advisable (a) element of American
• Effectivity Date: August 30, 1950
culture incorporated (b) foreseeable future of economic relations (c) equitable rules of
American and English courts not recognized in the (old) Civil Code.
3. (3) Doctrines of other nations on the ideas of right and wrong.
The proposed Civil Code this reflects the Filipino people’s culture, which is a happy blending of
native customs and the Occidental way of life. Art. 2. Laws shall take effect after 15 days1 following the completion of their publication either
in the Official Gazette or any newspaper of general circulation in the Philippines, unless it is

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otherwise provided.
Sources of NCC: Before complying with the law, people must be informed first. You cannot be expected to
CC of the Philippines consisting of 2,270 articles is based on: comply without knowledge of the law.
1. Spanish Civil Code of 1889 Executive Order (EO) 200
2. Foreign laws—CC of Argentina, England, France • Previously, only publication in the Official Gazette was necessary to officially promulgate
3. Foreign judicial decisions, comments and treatises of foreign jurists. laws. This, however, caused problems, due to the erratic release and limited readership of
4. Doctrinal decision of the Philippine Supreme Court the Gazette.2
5. Philippine laws such as the Marriage Law; Divorce Law; the Rules of Court.
o The gazette was not accessible to majority of the population. Only those who
6. 1935 Constitution of the Philippines
had interest in law wanted to read the Gazette.
7. Report of the Code Commission
o If the intention is to inform, the best way to do that would be to publish it in a
8. Filipino customs and traditions
newspaper of general circulation.
• Amended by E.O. 200: Laws, to be effective, must be published either in the
Civil Code Divided into Four Books
Official Gazette or in a newspaper of general circulation in the country
Book I, Persons – originally it covered Art. 37-413, but when the Family became effective on
o Issued on June 18, 1987 by President Corazon Aquino
August 3, 1988, the law on Persons pertains only to the following:
Book II, Property, Ownership and Its Modifications  Took effect immediately after publication in the Gazette
But the law’s applicability
Book III, Different Modes on Acquiring Property
Book IV, Obligations and Contracts
Constructive knowledge—ONCE THERE IS PUBLICATION, EVERY Filipino IS
PRESUMED TO HAVE KNOWLEDGE WHETHER HE OR SHE HAS READ THE
Preliminary Title (Art. 1-18), that treats of the general principles of law; Chapter on Human PUBLICATIONS
Relations (Art. 19- 36). • For convenience
• For practicability
Civil Code vs Civil Law
WHEN LAWS TAKE EFFECT
Civil Code – a compilation of existing civil laws, scientifically arranged into books, titles etc.
All laws or statutes, including those of local application and private law shall be published
promulgated by legislative authority.
as a condition for their effectivity (Tañada v. Tuvera), otherwise it would violate the due
– a collection of laws, which regulate the private relations of the members of the society, process clause of the constitution.
determining their respective rights and obligations, with reference to persons, things, and civil  The completion of publication=date of release of the OG/newspaper of gen
acts. circulation. NOT when the law is published.
Civil Law covers:
1. The person himself and the rights of personality. WHEN PRESIDENTIAL ISSUANCES, RULES AND REGULATIONS TAKE EFFECT
2. The family and the rights of family. The requirement of publication as a condition for the effectivity applies to Presidential
Issuances, except those which are merely interpretative or internal in nature not concerning
3. Associations and partnerships
the public.
4. The human patrimony 2 types of Rules and regulations of administrative and executive officers:
1. Right to things or the right to property and its modifications 1. Purpose is to implement or enforce existing law pursuant to a valid delegation or to fill in the
2. The right of obligations details of a statute; whether they are penal or non-penal; this requires publication.
3. The rights of hereditary succession 2. Merely interpretative in nature or internal in character not concerning the public, does not need
Most of our civil laws are found in the Civil Code but the Civil Code is not the only repository publication.
of our civil laws. (Family code E.O. 209, Youth Welfare Code, and Domestic Adoption act.) In addition, the 1987 Administrative Code provides that:
The Civil law is wider in concept than the Civil Code. The Civil Code is part of the civil Law,
but not all laws are part of the Civil Code.
1 When counting, the first day is excluded and the last day is included. The counting of days begins the day after the statute is 2 Tañada, et al. v.
Tuvera, et al.
 1. Each rule shall become effective 15days from the date of filing as above • Requisites
provided unless a different date is fixed by law, or specified in the rule in cases o Publication in the Official Gazette or in a newspaper of general circulation in the
of imminent danger to public health, safety and welfare.
Philippines
o After expiration of the 15-day period (period can be altered if the statute provides
Publication and filing requirements are indispensable to the effectivity of rules and regulations, except when
the law authorizing its issuance dispenses the filing requirements. it)
o Publication must be in full
MANNER OF COMPUTING TIME • Covered in the rule of P.D.s & E.O.s promulgated by the President in the exercise of
“Week”= seven consecutive days without regard to the day of the week from which it begins (PNB v. C.A). legislative powers
§ Whenever the same are validly delegated by legislature OR directly
10 DAYS FROM NOTICE = 10 calendar days NOT working days.
conferred by the Constitution
The exclude- the –first and include the last day rule governs the computation of a period. If the last day falls
on a Sunday or legal holiday, the act can still be done the following day.
§ Included are P.D.s that name a public place after a favored individual or
exempt him from certain prohibitions or requirements
10 DAYS AFTER = 11 days total o Circulars issued by the Monetary Board that “fill in the details” of the
Central Bank Act
ON THE 10TH DAY = 10 days total o Administrative rules and regulations, if their purpose is to enforce
or implement existing law pursuant to a valid delegation
The principle does not apply to the computation period of prescription of a crime
o Charter of a city notwithstanding that it applies to only a portion of the national
 If the last days in the period of prescription of a felony falls on a Sunday or legal holiday, the
territory and directly affects only the inhabitants of that place
information concerning said felony cannot be filed on the next working day. The offense has
been by then already prescribed. o RAs, Parochial Laws , Private Laws, Administrative Laws
▪ Dean’s Example: In the case of legislative naturalization, the SC can
QUICKNOTES: FELONY V CRIME make an American a Filipino so he can play for Gilas Pilipinas. In
Felony refers to a serious Crime such as murder, arson, rape, or robbery for
which the punishment is death or imprisonment for a minimum term of one myopic view, it benefits the individual but in truth affects all of us as a
year. matter of nationalism. Brownlee’s naturalization must be published.
Crime refers to an act or the commission of an act that is against the law and ▪ That news should be published according to art 2.
considered dangerous and harmful to the public.
• NOT covered in the rule
o Interpretative regulations and those merely internal in nature
CLASS DISCUSSION (M)
§ Regulating only the personnel of the administrative agency and not the
Q: What is a newspaper of general circulation? Are Abante, New Record, Guardian, Nueva Era, or Bulgar a public
newspaper of general circulation? o Letters of instruction issued by administrative superiors concerning rules and
A: Yes, these are considered of general circulation. guidelines to be followed by subordinates
Q: What are the requisites for a newspaper to be considered one of general circulation? o Municipal ordinances (they are covered by the LG Code)
A: SC has held that the requisites are:
• General rule: those that are general in application & more or less permanent must be
(1) Published at regular intervals
published
a No definition for “regular” but weekly, 52 times a year is a good benchmark
b Dean Delson believes a quarterly release doesn’t count, based on the guidelines issued
“Unless otherwise provided”
by the supreme court
• Refers to the 15-day period NOT the requirement of publication
(2) No specific audience or patronage
• Period can be shorter or longer, as provided by law; what the law says will prevail
a Caters to the entire population: general information to ensure readership covers all
Laws
(3) For the public
• Includes statutes, local & private laws
(4) Not devoted to private interest
“Effective immediately”
(5) List of bona fide subscribers
Effective ONLY after its complete publication and NOT IMMEDIATELY after its signing by
the President.
Effectivity of Laws
Dean likes to believe it’s not on the day of publication but the day AFTER. Other laws that require publishing: Local government code
• posting in public places
PUBLICATION IS INDISPENSABLE • some local ordinances may impose penalty for inability to publish
• ordinance for investment
No law can become immediately effective upon approval without publication. To rule
otherwise, is to come conflict with the constitutional requirement of the due process clause of
the Constitution. Public must be informed before they are expected to comply. CASES ASSIGNED UNDER ARTICLE 2
TANADA vs. TUVERA (1986)
Laws that Need Publication 146 S 446 DECEMBER 29, 1986 RESOLUTION
All statutes, including those of local application and private laws shall be published as a Ponente: Cruz, J.
condition for their effectivity, which shall begin after fifteen days following their publication Petitioner: Lorenzo Tanada and MABINI
unless a different date is fixed by the legislature. Respondent: Hon. Juan C. Tavera, Exec. Asst. to the President
Facts: Petitioners Lorenzo Tañada and others files a writ of mandamus to compel Respondent
In Tanada vs. Tuvera, the word laws includes all laws and not only to those of general Juan Tuvera, et.al. to publish in the Official Gazette various presidential decrees, letters of
application, even if some do not apply to all directly, for the subject of law is a matter of public instruction, general orders, proclamations, executive orders, letter of implementation, and
interest. In fact, for laws to be valid the law must invariably affect the public interest even if it administrative orders issued by the Office of the President. They invoke the constitutional right
is applicable some and not to all. of the people to be informed, as well as the principle that laws are valid and enforceable after
Exception: Internal Instructions of Administrative Agencies & Municipal Ordinances their publication in the Official Gazette.
The Respondent opposed the petition by contending that the publication in the Official Gazette
In Tanada vs. Tuvera, no publication is required of internal instructions issued by say, Minister is not a sine qua non requirements for the effectivity of the laws where the laws themselves
of Social Welfare on the cases studies in cases to be made in petitions for adoption or the rules provide for their own effectivity dates. The presidential issuances in question contain special
laid down by head of gov’t agency are not governed by this rule but by the Local Government provisions as to the date they are to take effect considering that Article 2 of the Civil Code
Code. provides that laws shall take effect as well when otherwise provided. Thus, the publication in
the Official Gazette is not indispensable for their effectivity.
Issues:
Publication must be Complete
1. Whether or not the publication in the Official Gazette is required in order to for the
Publications of statutes must be in full else there no publication at all. Mere mention of number,
presidential issuances to become valid and effective. YES.
title, effectivity and whereabouts is not even substantial compliance.
2. Whether or not non-publication shall render the presidential issuances invalid and ineffective
even though they have been enforced or implemented prior to their publication. NO.
Publication is required of a Central Bank Circular and EO if PUNITIVE in Character
• The fact that the circular is PUNITIVE in character is the principal reason why
Held:
publication should be made.
1. YES. The Supreme Court ruled that the Article 2 of the Civil Code does not preclude the
• Laws of punitive nature cannot be given punitive effect unless published in the
requirement of publication in the Official Gazette even if the law itself provides for the date of
Official Gazette (People v. Uy Kimpang, Jr., C.A., 52 O.G. 3087).
its effectivity. In fact, Commonwealth Act 638 provides that laws shall be published in the
Official Gazette. Such publication is important because there shall be no basis for the
Circulars which are mere statements of general policy as to how the law should be construed
application of the Latin maxim, “ignoratia legis non excusat”, without such notice and
do NOT need presidential approval and publication in the Official Gazette for their effectivity.
publication, especially when the law-making process is not made in public.
Further, the word “shall” in Section 1 of Commonwealth Act 638 imposes upon the Respondent
Administrative Orders and Regulation
an imperative duty to enforce the right of the people to be informed of the matters of public
• required if the purpose is to enforce or implement existing laws pursuant to a valid
concern. The publication of all presidential issuances of public nature or general applicability is
delegation.
mandated by law. Such publication is a requirement of due process whereby a person may be
General principle and theory: Before the public is bound by its contents, especially its penal
bound by law only when he is first officially and specifically informed of its contents.
provisions, a law, regulation, or circular must first be published, and the people officially and
2. NO. The Court ruled that the implementation or enforcement of presidential decrees prior to
specifically informed of said contents and the penalties for violation thereof. [People v. Po Lay,
the publication in the Official Gazette is an operative fact which may have consequences which
1954]
cannot be justly ignored. The past cannot always be erased by a new judicial declaration that an January 29, 1988 RESOLUTION
all-inclusive statement of a principle of absolute retroactive invalidity cannot be justified. Ponente: Cortes, J.
Petitioner: Felisa Pedroso De Roy and Virgilio Ramos
Issues/Questions: Respondents: Court of Appeals and Lusi Bernal Sr.
1. What is meant by law of public nature or general applicability? Principle: There is no law requiring the publication of Supreme Court decisions in the
2. Must a distinction be made between laws of general applicability and those which are Official Gazette before they can be binding and as a condition to their becoming effective. It is
not? the duty of lawyer in active law practice to keep abreast of Supreme Court Decisions.
3. What is meant by publication? FACTS: Special civil action for certiorari was sought to declare null and void two resolution of
4. Where is the publication to be made? the Special First Division of the Court of Appeals in the case of Bernal v. De Roy. (1) Denied
5. When is the publication to be made? extension of time to file of motion for reconsideration (2) denied motion of reconsideration for
having been filed out of time.
WHEREFORE the Court hereby orders respondents to publish in the Official Gazette all Firewall of a burned-out building owned by Felisa Pedrosa collapsed and destroyed the tailoring
unpublished presidential issuances which are of general application, and unless so published, shop of Luis Bernal resulting to injuries of the private respondents and death of a daughter
they shall have no binding force and effect. Mirassa Bernal. Even though warned beforehand by the petitioners.
RTC – De Roy guilty of gross negligence awarding damages to the Bernals
“Unless it is otherwise provided”, refers to the effectivity of laws and NOT the requirement of CA – Decision affirmed, on August 17, 1987 and received by the petitioners on August 25,
publication itself which cannot in any event be omitted. 1987.
It is not correct to say that under the disputed clause publication may be dispensed with On September 9, 1987, last day of file for an appeal, petitioners filed a motion for extension of
altogether. The reason is that such omission would offend due process insofar as it would deny time to file a motion for reconsideration, which was eventually denied by the appellate court in
the public knowledge of the laws that are supposed to govern it. the resolution of September 30, 1987.
All presidential decrees must be published, including, even say, those naming a public place Petitioners filed their motion for reconsideration on September 24, 1987 and was denied in the
after a favored individual or exempting him from certain prohibitions and requirements. Resolution of October 27, 1987.
Internal instructions issued by an administrative agency are not covered by the rule on prior CA correctly applied the rule laid down in Habaluyas Enterprises, Inc, vs. Japzon, the fifteen-
publication. Also not covered are municipal ordinances which are governed by the Local day period for appealing or for filing a motion for reconsideration cannot be extended. This
Government Code. rule was promulgated on May 30, 1986 as clarified by the Supreme Court with a one-month
The requirement of prior publication seeks to prevent abuses by the lawmakers and ensure the grace period.
people’s right to information. ISSUE: Whether or not the rule enunciated in the Habaluyas case should not be made to apply
Publication is indispensable in every case, but the legislature may in its discretion provide that to the case at bar owing to the non-publication of the Habaluyas decision in the Official Gazette
the usual fifteen-day period shall be shortened or extended. as of the time the decision was promulgated.
If laws are effective immediately upon its approval notwithstanding the lack of publication, it is HELD
not unlikely that persons not aware of it would be prejudiced as a result and they would be so Contrary to the petitioners view, there is no law requiring the publication of Supreme Court
not because of a failure to comply it but simply because they did not know of its existence. decision in the Official Gazette before they can be binding and as a condition to be effective. It
We note at this point the conclusive presumption that every person knows the law, which of is the bounden duty of counsel as lawyer in active law practice to keep abreast of decision of the
course presupposes that the law has been published if the presumption is to have any legal SC particularly where issues have been clarified, constantly reiterated, and published in the GRs
justification at all. Mysterious pronouncements and rumored rules cannot be recognized as and the SCRAs
binding unless their existence and contents are confirmed by a valid publication intended to WHEREFORE, in view of the foregoing, the Court resolved to DENY the instant petition for
make a full disclosure and give proper notice to the people. lack of merit.
WHEREFORE, it is hereby declared that all laws as above defined shall immediately upon
their approval, or as soon thereafter as possible, be published in full in the Official Gazette, to
become effective only after fifteen days from their publication, or on another date specified by
the legislature in accordance with Article 2 of the Civil Code. THE PEOPLE OF THE PHILIPPINES V. QUE PO LAY
G.R. No. L-6791; March 29, 1954 MONTEMAYOR, J.:
DE ROY vs. COURT OF APPEALS 157 SCRA 759 FACTS:
Que Po Lay, who was in possession of foreign exchange consisting of US dollars, US checks, NO. Interpretative regulations and those merely internal in nature, that is, regulating only the
and US money orders amounting to about USD 7,000, failed to sell the same to the Central personnel of the administrative agency and not the public, need not be published. Neither is
Bank through its agent within one day following the receipt of such foreign exchange as publication required of the so-called letters of instructions issued by administrative superiors
required by Central Bank Circular No. 20. Law prevented the hoarding of dollars. concerning the rules or guidelines to be followed by their subordinates in the performance of
The CFI Manila found him guilty of violating the Circular in connection with Section 34 of RA their duties.
No. 265 and sentenced him to suffer imprisonment and to pay fine. On appeal, Que Po Lay In this case, NPC Circular No. 99-75 did not have to be published since it was merely an
argued that the Circular had no force and effect because it was not published in the Official internal rule or regulation. It did not purport to enforce or implement an existing law but was
Gazette prior to the act or omission imputed to him. merely a directive issued by the NPC President to his subordinates to regulate the proper and
ISSUE: efficient disposal of scrap ACSRs to qualified bidders. Thus, NPC Circular No. 99-75 defined
Is prior publication necessary for the effectivity of a Circular with a penal provision? the responsibilities of the different NPC personnel in the disposal, pre-qualification, bidding and
HELD: award of scrap ACSRS. It also provided for the deposit of a proposal bond to be submitted by
Yes. As a rule, circulars and regulations especially like the Circular No. 20 of the Central Bank bidders, the approval of the award, mode of payment and release of awarded scrap ACSRs.[19]
in question which prescribes a penalty for its violation should be published before becoming All these guidelines were addressed to the NPC personnel involved in the bidding and award of
effective, this, on the general principle and theory that before the public is bound by its scrap ACSRs. It did not, in any way, affect the rights of the public in general or of any other
contents, especially its penal provisions, a law, regulation or circular must first be published and person not involved in the bidding process. Assuming it affected individual rights, it did so only
the people officially and specifically informed of said contents and its penalties. remotely, indirectly and incidentally.
In the present case, although Circular No. 20 of the Central Bank was issued in the year 1949, it
was not published until November 1951, that is, about 3 months after appellant's conviction of Dissemination of internal rules and regulation can be done through distributing copies and
its violation. It is clear that said circular, particularly its penal provision, did not have any legal issuing memos.
effect and bound no one until its publication in the Official Gazette or after November 1951. In
other words, appellant could not be held liable for its violation, for it was not binding at the time NERI V. SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS
he was found to have failed to sell the foreign exchange in his possession thereof. AND INVESTIGATIONS, SENATE COMMITTEE ON TRADE AND COMMERCE,
Therefore, Que Po Lay is acquitted, there being no prior publication of the Circular AND SENATE COMMITTEE ON NATIONAL DEFENSE AND SECURITY
G.R. NO. 180643; SEPTEMBER 4, 2008
NATIONAL POWER CORPORATION V. PINATUBO COMMERCIAL LEONARDO-DE CASTRO, J.:
G.R. No. 176006; March 26, 2010 CORONA, J.: FACTS:
FACTS: This case is about the Senate investigation of anomalies concerning the NBN-ZTE project.
The petitioner National Power Corporation (NAPOCOR) issued Circular No. 99-75 which set During the hearings, former NEDA head Romulo Neri refused to answer certain questions
the guidelines in the disposal of scrap aluminum conductor steel-reinforced or ACSRs in order involving his conversations with President Arroyo primarily on the ground that they are covered
to decongest and maintain good housekeeping in NPC installations and to generate additional by executive privilege. For failing to appear in the other days that he was summoned, the
income for NPC." respondent Committees cited him in contempt and ordered his arrest.
NPC published an invitation for the pre-qualification of bidders for the public sale of its scrap Neri argued that the Senate is not a continuing body, thus the failure of the present Senate to
ACS cables. Respondent Pinatubo Commercial submitted a pre-qualification form to NPC. publish its Rules of Procedure Governing Inquiries in Aid of Legislation has a vitiating effect
However, its application for pre-qualification was denied. Pinatubo asked for reconsideration on them. Consequently, the deliberation of the respondent Committees that led to the issuance
but NPC denied it. of the contempt order is flawed.
Pinatubo then filed a petition in the RTC for the annulment of NPC Circular No. 99-75, arguing ISSUE:
that that the circular was unconstitutional as it violated the due process and equal protection Whether or not the Senate Rules of Procedure Governing Inquiries in Aid of Legislation must
clauses of the Constitution, and ran counter to the government policy of competitive public be published.
bidding. For its part, NPC insisted that there was no need to publish the circular since it was not HELD:
of general application. It was addressed only to particular persons or class of persons, namely Yes. The Senate Rules of Procedure Governing Inquiries in Aid of Legislation must be
the disposal committees, heads of offices, regional and all other officials involved in the published.
disposition of ACSRs. Section 21, Article VI of the Constitution states that:
ISSUE: The Senate or the House of Representatives or any of its respective committees may conduct
Whether or not NPC Circular No. 99-75 must be published. inquiries in aid of legislation in accordance with its duly published rules of procedure. The
HELD: rights of person appearing in or affected by such inquiries shall be respected.
Respondents violated Sec. 21, Art. VI of the Philippine Constitution, requiring that the inquiry Given this discussion, the respondent Senate Committees, therefore, could not, in violation of
be in accordance with the "duly published rules of procedure." This requires the Senate of every the Constitution, use its unpublished rules in the legislative inquiry subject of these consolidated
Congress to publish its rules of procedure governing inquiries in aid of legislation because every cases. The conduct of inquiries in aid of legislation by the Senate has to be deferred until it shall

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Senate is distinct from the one before it or after it. Since Senatorial elections are held every have caused the publication of the rules, because it can do so only in accordance with its duly
three years for one-half of the Senate’s membership, the composition of the Senate also changes published rules of procedure.
by the end of each term. Each Senate may thus enact a different set of rules as it may deem fit.
Not having published its Rules of Procedure, the subject hearings in aid of legislation conducted Art. 3. Ignorance of the law excuses no one from compliance therewith. (2)
by the 14th Senate are therefore procedurally infirm. Reason
• Ignorantia legis non excusat
• Once a law is published, the public is given constructive notice of the law’s existence &
GARCILLANO V. HOUSE OF REPRESENTATIVES COMMITTEE ON PUBLIC effectivity, whether or not they actually know what it says
INFORMATION, G.R. NO. 170338, 23 DECEMBER 2008 • Applies only to mandatory & prohibitory laws
FACTS • o Mandatory – obligatory laws (e.g. prescriptive periods)
Petitioners in G.R. No. 179275 seek to disallow the Senate to continue with the conduct of the • o Prohibitory – laws that specifically prohibit certain acts; those which have liabilities
questioned legislative inquiry on the issue of “Hello Garci” tapes containing the wiretapped & penalties
communication of then President Gloria Macapagal-Arroyo and COMELEC Commissioner M: Ignorance of the law excuses no one only applies to mandatory or prohibitory laws, NOT
Virgilio Garcillano, without duly published rules of procedure, in clear derogation of the directory laws. Also not permissive or supplementary laws.
constitutional requirement. MANDATORY DIRECTORY
The respondents in G.R. No. 179275 admit in their pleadings and even on oral argument that the Commands either positively that something be Permissive or discretionary in nature and merely
Senate Rules of Procedure Governing Inquiries in Aid of Legislation had been published in done, or performed in a particular way, or outlines the act to be done in such a way that no
newspapers of general circulation only in 1995 and in 2006. With respect to the present Senate negatively that something be not done, leaving injury can result from ignoring it or that its
of the 14th Congress, however, of which the term of half of its members commenced on June 30, the person concerned no choice on the matter purpose can be accomplished in a manner other
2007, no effort was undertaken for the publication of these rules when they first opened their except to obey. than that prescribed and substantially the same
session. Respondents justify their non-observance of the constitutionally mandated publication result obtained.
by arguing that the rules have never been amended since 1995 and, despite that, they are
published in booklet form available to anyone for free, and accessible to the public at the Ignorance – want or absence of knowledge, state of being unaware or uninformed of something
Senates internet web page, invoking R.A. No. 8792. or act under consideration
ISSUE Ignorance of law – is want of knowledge or acquaintance with the laws of the land (Ignorantia
WON the invocation by the respondents of the provisions of R.A. No. 8792, otherwise known legis non excusat)
as the Electronic Commerce Act of 2000, to support their claim of valid publication through the Ignorance of fact – is want of knowledge of some fact to the subject matter in hand.
internet is a substantial compliance of the constitutional requirement of publication. NO (Ignorantia facti excusat)
RULING Rationale:
NO. No person can be fully aware of the existence of all laws, not even lawyers. Yet all persons are
Section 21, Article VI of the 1987 Constitution explicitly provides that [t]he Senate or the presumed to know the laws as long as the laws had been duly promulgated. And any violation
House of Representatives, or any of its respective committees may conduct inquiries in aid of thereof is not excusable on the ground of ignorance.
legislation in accordance with its duly published rules of procedure. The requisite of publication The rule is intended to prevent evasion of the law.
of the rules is intended to satisfy the basic requirements of due process.
R.A. 8792 considers an electronic data message or an electronic document as the functional Key points:
equivalent of a written document only for evidentiary purposes. In other words, the law merely All persons are conclusively presumed to know all laws as long as laws have been duly
recognizes the admissibility in evidence (for their being the original) of electronic data promulgated and any violation thereof is not an excusable ground of ignorance.
messages and/or electronic documents. It does not make the internet a medium for publishing • This rule applies to ALL domestic laws whether penal or civil and whether substantive or
laws, rules and regulations. procedural.

When the rule may be relaxed

While mistake of the law does not generally vitiate consent, when there is a mistake on a responsibility of the Ethics Committee be undertaken by the Senate, acting as a Committee of
doubtful question of law, or on the construction or application of law, this is analogous to a the Whole. Said motion was approved.
mistake of fact and ignorantia legis neminem excusat should have no proper application.
- When one-half of lawyers are wrong, why a layman should be made accountable for an honest The Senate Committee of the Whole conducted its hearings on 4 May 2009. At both hearings,
mistake. petitioners objected to the application of the Rules of the Ethics Committee to the Senate
Committee of the Whole.
People v. Navarro (CA) 51 OG 4062, it was held that the rule should not be applied with equal On 11 May 2009, petitioners proposed 11 amendments to the Rules of the Ethics Committee
force to minors who, due to their lack of intelligence should be treated differently. that would constitute the Rules of the Senate Committee of the Whole, out of which three
Following articles have relaxed the rule: amendments were adopted.
On 14 May 2009, Senator Pimentel raised as an issue the need to publish the proposed amended
All are regards as mistakes of fact: Rules of the Senate Committee of the Whole. Notwithstanding the issue raised by Senator
Art 526. He is deemed a possessor in good faith who is not aware that there exists in his title or Pimentel, the Senate Committee of the Whole directed that a preliminary conference be set on
mode of acquisition any flaw which invalidates it. Mistake upon a doubtful or difficult May 26, 2009.
question of law may be the basis of good faith.
Art. 1334. Mutual error as to the legal effect of an agreement when the real purpose of the ISSUES: Whether or not publication of the Rules of the Senate Committee of the Whole is
parties is frustrated may vitiate consent. required for their effectiveness? YES
Art. 2154. If something is received when there is no right to demand it, and it was unduly
delivered through mistake, the obligation to return it arises. HELD
Art. 2155. Payment by reason of a mistake in the construction or application of a doubtful or YES The publication for the Rules of the Senate Committee of the Whole is required for their
difficult question of law may come within the scope of the preceding article. effectiveness. The court stated that the unpublished rules of procedures are voided, in Senate
inquiries insofar as such rules affect the rights of witnesses. The court then invoked the Section
Onlys Domestic Laws, Foreign Laws are excluded from compliance 21, Article VI of the Constitution which mandates:
Foreign laws must be proven as a question of fact.
• applies to all domestic laws whether penal or civil and whether substantive or Sec. 21. The Senate or the House of Representatives or any of its respective Committees may
procedural. conduct inquiries in aid of legislation in accordance with its duly published rules of procedure.
• It does not apply on ignorance of foreign laws because our courts do not generally The rights of persons appearing in or affected by such inquiries shall be respected.
take judicial notice of them, it must be pleaded and proved as matter of act.
• While the rule covers all domestic laws, nonetheless, it applies only to mandatory or The language of Section 21, Article VI of the Constitution requiring that the inquiry be
prohibitive laws and not to permissive or suppletory laws. conducted in accordance with the duly published rules of procedure is categorical. It is
Effect of Ignorance of Foreign Laws - ignorance of foreign laws is not a mistake of the law incumbent upon the Senate to publish the rules of its legislative inquiries in each Congress or
but a mistake of fact. otherwise make the published rules clearly state that the same shall be effective in the
Processual Presumption subsequent Congresses or until they are amended or repealed to sufficiently put the public on
A foreign law is a matter of fact which must be proven with evidence. In the absence of any notice.
contrary evidence, it is presumed to be the same as our domestic law. If it was the intention of the Senate for its present rules on legislative inquiries to be effective
The party who claims the applicability of a foreign law has the burden of proof, and where the even in the next Congress, it could have easily adopted the same language it had used in its
said party has failed to discharge the burden, Philippine law applies. main rules regarding effectivity.
AQUILINO Q. PIMENTEL, JR., et al. v. SENATE COMMITTEE OF THE WHOLE The Constitution does not require publication of the internal rules of the House or Senate. Since
rules of the House or the Senate that affect only their members are internal to the House or
FACTS: By virtue of Senate Resolution No. 706, the Ethics Committee of the Senate was Senate, such rules need not be published, unless such rules expressly provide for their
directed to investigate Senator Manny Villar on the issue of the “double insertion of P200 publication before the rules can take effect.
million for the C-5 Road Extension Project'' that was made by Senator Villar on the 2008 It is provided in the Section 81 Rule 15 of the Rules of the Senate Committee of the Whole
General Appropriations Act.Thereafter, the Senate adopted the Rules of the Senate Committee provides:
on Ethics and Privileges (Committee Rules) which was published in the Official Gazette on Section 81. EFFECTIVITY. These Rules shall be effective after publication in the Official
March 23, 2009. Senator Villar then stated that he would answer the accusations against him on Gazette or in a newspaper of general circulation.
the floor and not before the Ethics Committee. Senator Lacson thereafter moved that the
In this case, , even if publication is not required under the Constitution, publication of the Rules As a general rule, laws always operate at the future. Statutes have only a prospective operation
of the Senate Committee of the Whole is required because the Rules expressly mandate their unless the intention to give them a retrospective effect is EXPRESSLY DECLARED or
publication. NECESSARILY IMPLIED from the language used. If there is doubt, doubt must be resolve
The Rules of the Senate Committee of the Whole expressly require publication before the Rules against retrospectivity.
can take effect. To comply with due process requirements, the Senate must follow its own
internal rules if the rights of its own members are affected Retroactivity
There is retroactivity when a law is made applicable to situations or acts already done before
WHEREFORE, we GRANT the petition in part. The referral of the complaint by the passage of the said law. A retroactive law creates a new obligation, imposes a new duty or
Committee on Ethics and Privileges to the Senate Committee of the Whole shall take effect only attaches a new disability in respect to a transaction already past.
upon publication of the Rules of the Senate Committee of the Whole.
A retrospective statute is one which takes away or impair vested rights acquired under existing
[5] The Constitution does not require publication of the internal rules of the House or Senate. laws, or creates a new obligation and imposes a new duty of attaches a new disability in respect
Since rules of the House or the Senate that affect only their members are internal to the House to transaction or consideration already past.
or Senate, such rules need not be published, unless such rules expressly provide for their
publication before the rules can take effect. Hence, in this particular case, the Rules of the Retroactive Operation Must be expressed in the Statue Itself
Senate Committee of the Whole itself provide that the Rules must be published before the Rules The retrospective applicability of a law should be EXPRESSLY provided therein. In the
can take effect. Thus, even if publication is not required under the Constitution, publication of absence of such provision, the presumption is in favor of the prospective operation of the law.
the Rules of the Senate Committee of the Whole is required because the Rules expressly
mandate their publication. PARTIALLY GRANTED. Prospective operation will be presumed when a retroactive operation would produce
invalidity. No court would hold a statute retroactive when the legislature has not said so.
It is only the rules in aid of hearings that is required to be published Constitutional Limitations on Passage of Retroactive Laws
• Complaint filed by senator madrigal against Senator Villar with regards to the funding The constitution expressly prohibits the passage of ex post facto laws and those which impair
of a highway the obligations of contracts.
There was an issue on effectivity Ex post facto law - one that criminalizes an act done before the passing of the law and which
• It was noted by the SC that publication is needed for effectivity. In the rules crafted was innocent when done
by the senate, there is an effectivity clause that requires publication in a Bill of attainder - legislation that imposes punishment on a specific person or group of people
newspaper/gazette. without a judicial trial
Reason behind the Article – to protect vested rights. Thus one may lose his rights previously
Art. 4. Laws shall have no retroactive effect, unless the contrary is provided. (3) acquired if a retroactive law is subsequently passed and designed to deprive him of those rights.
Non-Retroactivity of Laws There will be no more stability in the effects of transactions.
• Laws shall be given only prospective application unless the law expressly declares or
necessarily implies the contrary Statutes which may be given Retroactive Application
• In case of doubt, resolve against retroactivity 1. Remedial Laws – laws which provide for the methods of enforcing rights or
• Legislature has the power to pass retroactive laws, so long as these do not impair obtaining redress for their violation.
obligations of contracts, or affect injuriously vested rights 2. Penal laws favorable to the Accused or Convict – penal laws shall have retroactive
effect insofar as they favor the persons guilty of a felony, who is not a habitual
Art. 256. This Code shall have retroactive effect insofar as it does not prejudice or impair criminal. (Art. 22, RPC).
vested or acquired rights in accordance with the Civil Code or other laws. 3. Curative laws – are laws intended to correct errors or irregularities incurred in
Exception: impairment of vested rights judicial or administrative proceedings, acts of public officers, or private deeds and
• You cannot revoke the rights already given to/being enjoyed contracts which otherwise would not produce intended consequences by some
• No deprivation without due process of law statutory disability.
a. Interpreting laws – clarify or interpret provision of an existing statute.
General Rule in Prospectivity 4. Emergency laws – are laws intended to meet exigencies which require immediate
action.
 5. Laws creating new rights – may be given retroactive provided no vested right of the falsification, he is found guilty of any of said crimes a third time
same origin is affected. or oftener.
6. Tax laws – can be given retroactive effect. iii. The final sentence has been pronounced
Rule on Prospective Application of Laws Applies to Judge- Made-Laws iv. iv. The convict is serving his sentence
Co vs. CA, in lieu with Art. 8 of Civil Code: “judicial decisions applying or interpreting the v. The law decriminalizes the act
laws or the constitution shall form a part of the legal system of the Philippines” the principle of VALEROSO V. PEOPLE
prospectivity applies to judicial decision, which although themselves are not laws, are G.R. NO. 164815; FEBRUARY 22, 2008. REYES, J.
nevertheless evidences of what the law means. FACTS:
Petitioner Jerry Valeroso was arrested for being a suspect in a case for kidnapping with ransom. After a
body search, a Charter Arms with five (5) live ammunitions was found tucked in his waist. After
Instances with Retroactive Application
verification, it was revealed that the firearm was not issued to petitioner but to a certain Raul Palencia
1) When the law expressly provides for its retroactivity. Art. 256 of the Family Code of the Salvatierra. Petitioner was then charged with illegal possession of firearm and ammunition under P.D. 1866.
Philippines states that the law shall have retroactive effect, so long as it does not prejudice On July 6, 1997, during the pendency of the case with the trial court, R.A. No. 8294 amended P.D. No.
or impair vested or acquired rights in accordance with the Civil Code & other laws. 1866 reducing the penalty for the offense from reclusion temporal in its maximum period to reclusion
2) When the law is curative or remedial. perpetua to prision correccional in its maximum period.
a. Curative – laws that cure defects or add means of enforcing existing obligations; After trial, petitioner was found guilty of the crime and was sentenced to suffer the penalty of prision
laws can add what legislature previously dispensed with previously, or actions correccional in its maximum period or from 4 years, 2 months and 1 day as minimum to 6 years as
which the law previously made immaterial; more readily applied to legalizing laws maximum and to pay the fine in the amount of P15,000.00. The CA affirmed his conviction. Thus, he
appealed to the SC.
b. Laws which regulate the registration of instruments affecting titles to land may be
ISSUE:
held to apply to deeds dated before as well as after their enactment, as long as a Should RA 8249, reducing the penalty provided in PD 1866, be given retroactive effect as to apply to
reasonable time is given within which the effect of the statute, as applied to existing petitioner's case? YES
conveyances, may be avoided & rendered harmless with respect to vested rights. HELD:
3) When the law is procedural. YES. The lower penalty provided in RA 8249 could be given retroactive effect.
Why? There is no vested right in procedure. Proceedings will be faster if the presentation on As a general rule, penal laws should not have retroactive application, lest they acquire the character of an ex
examination is judicial affidavit. post facto law. An exception to this rule, however, is when the law is advantageous to the accused.
• Accused already has a written sworn statement (affidavit) According to Mr. Chief Justice Araullo, this is “not as a right” of the offender, “but founded on the very
principles on which the right of the State to punish and the commination of the penalty are based, and
• If pending na case and judge wants an affidavit, you have to follow. Because this is
regards it not as an exception based on political considerations, but as a rule founded on principles of strict
procedural. justice.”
a. When a law deals with procedure only, prima facie2, it applies to all actions— Although an additional fine of P15,000.00 is imposed by R.A. No. 8294, the same is still advantageous to
those which have been accrued, are pending, or future actions the accused, considering that the imprisonment is lowered to prision correccional in its maximum period
b. Example: a law prescribing the form of pleadings will apply to all pleadings filed from reclusion temporal in its maximum period to reclusion perpetua under P.D. No. 1866.
after its enactment, although the action had already begun before that time Therefore, the penalty imposed by the lower court is correct.
c. SC jurisprudence does not apply retroactively
PHILIPPINE NATIONAL BANK, Petitioner,
vs.
d.
It is within SC’s power to excuse failure to follow any of the Rules of Court in OFFICE OF THE PRESIDENT, HOUSING AND LAND USE REGULATORY BOARD (HLURB),
order to prevent injustice ALFONSO MAGLAYA, ANGELINA MAGLAYA P. REYES, JORGE C. BERNARDINO,
4) When the law is penal in character & is favorable to the accused. CORAZON DE LEON, VICTORIANO ACAYA, FLORENCIA CULTURA, MARIA CAMPOS,
a. Art. 22 of RPC – Penal laws shall have retroactive effect when: ERNESTO SARMIENTO, SANTIAGO TAMONAN, APOLONIA TADIAQUE, SIMEON DE
LEON, NATIVIDAD J. CRUZ, NATIVIDAD B. LORESCO, FELICIDAD GARCIA, ANA ANITA
i. They favor the guilty
TAN, LUCAS SERVILLION, JOSE NARAWAL, represented by their duly authorized Attorney-in-
ii. The guilty person is not a habitual criminal Fact, CORAZON DE LEON AND SPOUSES LEOPOLDO AND CARMEN
1 Under the last subsection of paragraph 5 of article 62 of the SEBASTIAN, Respondents.
Revised Penal Code, a person shall be deemed to be habitually G.R. No. 104528
delinquent, if within a period of ten years from the date of his January 18, 1996
release or last conviction of the crime of robbery, theft, estafa, or

2 On its face; a fact presumed to be true unless it is disproved.

CIVIL LAW; EFFECT OF LAWS; GENERALLY, NO RETROACTIVE EFFECT — Pursuant to conducted the usual due diligence checking and ascertained (whether thru ocular inspection or other modes
Article 4 of the Civil Code, "(l)aws shall have no retroactive effect , unless the contrary is provided." of investigation) the actual status, condition, utilization and occupancy of the property offered as collateral.
It could not have been unaware that the property had been built on by small lot buyers. On the other hand,
FACTS: private respondents obviously were powerless to discover the attempt of the land developer to hypothecate
Private respondents were the buyers on installment of subdivision lots from the subdivision developer, the property being sold to them. It was precisely in order to deal with this kind of situation that P.D. 957
Marikina Village Inc. Notwithstanding the land purchase agreements it executed over said lots, the was enacted, its very essence and intendment being to provide a protective mantle over helpless citizens
subdivision developer mortgaged the lots in favor of the petitioner, PNB. Unaware of this mortgage, private who may fall prey to the razzmatazz of what P.D. 957 termed unscrupulous subdivision and condominium
respondents continued to pay and constructed their houses on the lots in question. The subdivision sellers.
developer defaulted and PNB foreclosed on the mortgage and became the new owner of the said lots. Under the PD, wala naka lagay na retroactive application. SC says while there is no intent for it to be
Private respondents filed suits before the HLURB Office of Appeals, Adjudication and Legal Affairs retroactive, that is the intent.
(OAALA) which ruled that PNB, as the new owner, can collect only the remaining amortizations from the • PD 957 was created by Marcos to curtail the development of developers.
private respondents in accordance with the agreements entered into with the subdivision developer and • Intent of the law is to apply to those already existing
cannot compel them to pay all over again for the lots they bought, without prejudice from seeking relief COMMISSIONER OF INTERNAL REVENUE, PETITIONER
from the subdivision developer.
The HLURB affirmed the decision. The Office of the President, invoking P.D. 957, likewise concurred with VS. , PHILIPPINE HEALTH CARE PROVIDERS INC., RESPONDENTS
the HLURB. Petitioner argued that P.D 957 cannot be applied as the said law was enacted only on July 12,
1976, while the subject mortgage was executed on December 18, 1975. FACTS
The antecedents of the case had its outset when in July 1987, former President Corazon Aquino issued EO
ISSUE: No. 273 which amended the National Internal Revenue Code of 1977 by imposing Value-Added Tax on the
Whether P.D. 957 may be applied retroactively YES. sale of goods and services. Prior to its effectivity, respondent Philippine Health Care Providers, Inc, wrote
petitioner CIR inquiring if the services they provide are exempt from the payment of VAT. In response to
this, petitioner CIR issued in June 1988 VAT Ruling No. 231-88 stating that the respondents are exempt
from the VAT coverage considering the nature of the services they provide. The same ruling was then
HELD: confirmed by Regional Director Umali in 1994.
YES. The Supreme Court ruled that P.D. 957 was intended to cover even those real estate mortgages However, on the first of January 1996, RA 7716 or Expanded VAT took effect, amending the
executed prior to its enactment. Normally, pursuant to Article 4 of the Civil Code, "(l)aws shall have no aforementioned National Revenue Code of 1977. Subsequently, RA No. 8424 also became effective in
retroactive effect, unless the contrary is provided." However, it is obvious and indubitable that P.D. 957 was January 1988, wherein it substantially adopted and reproduced the provisions of EO No. 273 and RA No.
intended to cover even those real estate mortgages, like the one at issue here, executed prior to its 7716 on E-VAT. Therein, the BIR sent the respondents a preliminary assessment notice for deficiency in its
enactment, and such intent must be given effect if the laudable purpose of protecting innocent purchasers is payment of the VAT and documentary stamp taxes for taxable years 1996 and 1997. The respondent filed a
to be achieved. protest with the BIR to which petitioner CIR sent the respondent a letter demanding payment for the
aforementioned deficiencies amounting to no less than Php. 224, 702, 641.18 for the taxable years 1996 and
["WHEREAS, it is the policy of the State to afford its inhabitants the requirements of decent human 1997. Thereafter, respondent filed another protest but was left unheard by petitioner CIR, prompting the
settlement and to provide them with ample opportunities for improving their quality of life; former to file a petition for review with the Court of Tax Appeals. Petition was meritorious which then
prompted the petitioner to file a petition to CA. The CA upheld the CTA’s ruling, hence this case.
"WHEREAS, numerous reports reveal that many real estate subdivision owners, developers, operators,
and/or sellers have reneged on their representations and obligations to provide and maintain properly ISSUE
subdivision roads, drainage, sewerage, water systems, lighting systems, and other similar basic WON the revocation of VAT Ruling No. 231-88 exempting respondent from payment of VAT has
requirements, thus endangering the health and safety of home and lot buyers; retroactive application. NO

"WHEREAS, reports of alarming magnitude also show cases of swindling and fraudulent manipulations RULING
perpetrated by unscrupulous subdivision and condominium sellers and operators, such as failure to deliver NO the revocation of the VAT Ruling has no retroactive application pursuant to Art. 4 of the Civil Code
titles to the buyers or titles free from liens and encumbrances, and to pay real estate taxes, and fraudulent which provides that laws shall have no retroactive application, unless the contrary is provided. According to
sales of the same subdivision lots to different innocent purchasers for value; "] Section 246 of the Tax Code, rulings, circulars, rules and regulations promulgated by the Commissioner of
Internal Revenue have no retroactive application if to apply them would prejudice the taxpayer. Although
While P.D. 957 did not expressly provide for retroactivity in its entirety, we can deduce this from intent of such provision requires that the taxpayer must have not acted in bad faith, in the case at bar, the SC held that
the law to protect innocent lot buyers from scheming subdivision developers. As between these small lot the respondent acted in good faith when it failed to describe itself as a health maintenance organization
buyers and the gigantic financial institutions which the developers deal with, it is obvious that the law - - as given that the aforementioned term had no significance for taxation purposes when VAT Ruling No. 231-88
an instrument of social justice - - must favor the weak. Indeed, the petitioner Bank had at its disposal vast was issued. The term health maintenance organization was first recorded in Philippine state books only
resources with which it could adequately protect its loan activities, and therefore is presumed to have upon the passage of RA No. 7875 in 1995, and the ruling was issued in the year 1988, years before the said
 law was enacted. To apply the same law to therein ruling is an obvious injustice and is prejudicial to the ART 749 Donation—if you do In order that the donation of an immovable may be valid, it must be made
taxpayer, hence the petition was denied. in a public document, specifying therein the property donated and the value of the charges which the done
must satisfy. not comply, donation will be void
NOTES
A chattel mortgage is a conditional sale of personal property as security for the payment of a debt, or the
Good Faith - In Civil Service Commission vs Maala, good faith is the state of mind denoting honesty of performance of some other obligation specified therein, the condition being that the sale shall be void upon
intention and freedom from knowledge of circumstances which ought to put the holder upon inquiry; an the seller paying to the purchaser a sum of money or doing some other act named.
honest intention to abstain from taking any unconscientious advantage of another, even through  Binding by virtue of PERMISSIVE LAW
technicalities of law, together with absence of all information, notice, or benefit or belief of facts which

🙅🏻‍♀️
render transaction unconscientious. • Prohibitory laws – contain positive prohibitions & are couched in negative terms,
importing that the act shall not be done unless otherwise designated
Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be (1) Ex. “No decree of legal separation shall be based upon a stipulation of facts
void, except when the law itself authorizes their validity. (4a) or a confession of judgment.”
Mandatory & Prohibitory laws MANDATORY if omission to follow it renders the act illegal and void,
• Mandatory provision of law – the omission of which renders the proceeding or acts to DIRECTORY if observance is not necessary to the validity of the proceeding=
which it relates to generally illegal or void (e.g. prescriptive periods are mandatory; when violation not illegal/void
one files a suit after the prescriptive period, the action becomes void) Laws can be either MANDATORY or PERMISSIVE
(1) Ex. A husband, in order to dispute the legitimacy of a child, must file a case Article 1159, "Obligations arising from contracts have the force of law between the contractual parties and
within 1 year from the knowledge of the birth of the child or its recording in shall be followed with in good faith," provides that "Obligations emerging from contracts have the force of
the civil registrar, if he should live in the same municipality where the birth law between the contracting parties."
took place. If he is unable to do so within the time period, he can no longer  There could be instances where a stipulation in a contract is diff from what the law provides, but
claim illegitimacy. in a contract they prevail

🌊
 Reason is, laws need not be followed to the letter: PERMISSIVE
Art 2 Family Law  MANDATORY: invalid if contrary to the law
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 Violation of Mandatory or Prohibitive Laws, Effect – renders the act void. For example, an unregistered
presence of the SOLEMNIZING OFFICER. transfer of large cattle is void because the law provides that “no transfer of large cattle shall be valid unless
registered”.
The formal requisites of marriage are: (1) AUTHORITY of the solemnizing officer; (2) A Instances of Mandatory Provisions
valid MARRIAGE LICENSE; and (3) A marriage CEREMONY which takes place with 1. Art. 739 – Prohibiting the making of donations to certain persons.
the APPEARANCE of the contracting parties before the solemnizing officer and their PERSONAL 2. Art. 749. – mandating that a donation of an immovable property must be in a public instrument.
DECLARATION that they take each other as husband and wife in the presence of not less than TWO 3. Art 804 – requiring that a will be in writing.
WITNESSES of legal age. (Article 3) 4. Art. 818 – prohibiting of making of a joint will by two or more persons
5. Art. 1287 – declaring compensation as not proper in deposit or commodatum
Therefore, based on the above, there are ten (10) requisites of a valid marriage. They are: 6. Art. 2012 – Disqualifying certain person to become beneficiaries of life insurance policies.
1. Legal capacity of the contracting parties;
2. Number of parties, which is only two; Violation of Directory Laws, Effect – the violation of such law does not render the act void or illegal.
3. Sex of the parties, which is male and female; Four Ways of Validating an Act or Contract Contrary to a Mandatory Law
4. Consent to marry; (1) By expressly validating the contract
5. An officer solemnizing the marriage; a. a. Bigamy allowed
6. Authority of the solemnizing officer; (2) By making the invalidity to depend on the will of the injured party, such as voidable or
7. A valid marriage license; annullable contracts.
8. A ceremony; a. Forced marriage allowed if victim opt not to annul the marriage
9. Appearance of the parties before the solemnizer; (3) By punishing it criminally but validating the act
10. Personal declaration that they take each other as husband and wife; and a. Premature widow marriage under 301 days marriage still valid but criminally liable
11. Two witnesses. (4) By invalidating the act but recognizing the legal effects as flowing from the invalid act.
a. Marriage of a party suffering from psychological incapacity is void but children
before the final declaration of nullity are considered legitimate.
  Void contracts that are caused by illegality or lack of essential elements. • Instances when waivers are not allowed:
o supplying illegal drugs (1) Tenants waiving their preferential right to purchase public land designated to
 bad faith, immediately void
them by law
(2) Waiver of the right to get the minimum wage salary
 Voidable contracts that are defective because of their methods of consent.
▪ Acceptance of benefits such as separation pay & leave benefits; this is
o Minor buys a car. The contract can be cured upon reaching the age of maturity.
not estoppel or a waiver of the right of an employee to contest his illegal
o Civil Code of the Philippines: Emancipation and Age of Majority (RA 6809)
dismissal
otherwise provided, majority commences at the age of eighteen years.”
(3) Signing of a disabled employee of a satisfaction receipt
 Rescissible contracts that are caused by damages or lesion to one of the contract parties or ▪ A private agreement between 2 spouses consenting to the commission
another third party.
of adultery & concubinage is considered void
o Guardian selling a minor’s property for lower than the value
• Where the object of a statute is to promote great public interests, liberty, & morals, it
 Unenforceable contracts that lack authority, capacity, or both parties' consent. cannot be defeated by any private stipulation
o Someone with a mental impairment enters into a contract, this would be considered
unenforceable due to lack of capacity. CLASS DISCUSSION (M)
Q: Your employer asked you, an employee, to waive your claims and you did it. Is it void?
Art. 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, A: It is valid, as long as the agreement not against law, public order, etc.
morals, or good customs, or prejudicial to a third person with a right recognized by law. (4a) Q: Does the violation of a law make a contract void?
Waiver A: Not necessarily. Only mandatory and/or prohibitory laws would make such contract void.
• Voluntary, intentional relinquishment of a known right
(1) Similar to a donation, giving something you have vokuntarily Right
• Not presumed; must be clearly & convincingly shown, either by express stipulation or A right is a legally enforceable claim of one person
acts admitting no other reasonable explanation against another, that the other shall do a given act, or shall not do a given act.
• An express waiver requires a writing or a statement of waiver. An implied waiver can It is that which one person ought to have or receive from another, it being withheld from him, or
occur simply by some action, where such action indicates one's intention to waive the not in his possession. In this sense, right has the force of claim, in Latin “jus”.
rights. Right is a power, privilege, or immunity guaranteed under a constitution, statutes or decisional
• Requisites for a valid waiver: law or claim through prescription.
(1) The right must exist at the time of the waiver;  While not explicitly stated, this refers to CIVIL PROPRIETARY RIGHTS
(2) The person must know that the right exists; Elements or a Right —
(3) The person who makes the waiver must be aware of all the material facts & 1. Subjects — are persons for rights exist only in favor of persons.
consequences; & a. Active subject — one who is entitled to demand the enforcement of the
(4) It must be exercised by a duly capacitated person actually possessing the right/obligor
right to make the waiver b. Passive subject — one who is duty-bound to suffer its enforcement./obligee
OR 2. Objects — Things and services constitute the object of rights.
(1) The waiving party must actually have the right he 3. Efficient cause — the fact that gives rise to the legal relation.
is renouncing. The right must be in existence at the time of the waiver. Reason: one cannot
waive what one does not have Right vs Duty
(2) He must have full capacity to make the waiver. Reason: lack consent if incapacitated. Right is does not need to be exercised, it might even be waived. A duty however, must be
(3) The waiver must be clear and unequivocal. performed, and one who does not discharge the same must be necessarily prepared to face the
(4) The waiver must not be contrary to law, public order, public policy, morals or good consequence of his dereliction of omission.
customs or prejudicial to a third person with a right General Classification of Rights
recognized by law. 1. Perfect – when the scope is clear, settled and determinate
2. Imperfect – when the scope is vague and unfixed
Prohibition against Waiver
3. In Personam – one which imposes an obligation on a definite person At around 1:30 p.m., November 2, 1990, Jose Juego, a construction worker of D. M. Consunji,
4. In Rem – person or persons generally. Inc., fell 14 floors from the Renaissance Tower, Pasig City to his death. The victim was rushed
to Rizal Medical Center in Pasig, Metro Manila where investigation disclosed that Jose A.
Rights as Classified Under the Constitution Juego was crushed to death when the platform he was then on board and performing work, fell.
1. Natural rights – are those which grow out the nature of man and depend upon personality, as And the falling of the platform was due to the removal or getting loose of the pin which was
distinguished from such as are created by law and depend upon civilized society; plainly merely inserted to the connecting points of the chain block and platform but without a safety
assured by natural law; right to life, liberty, privacy and good reputation. lock.
2. Civil rights – are such as belong to every citizen of the state or country, in a wider sense, to
all its inhabitants, and are not connected with the organization of government. Person by virtue On May 9, 1991, Jose Juego's widow, Maria, filed in the Regional Trial Court (RTC) of Pasig a
of his citizenship in a state. complaint for damages against the deceased's employer, D.M. Consunji, Inc. The employer
3. Political rights – consist in the power to participate, directly or indirectly, in the raised, among other defenses, the widow's prior availment of the benefits from the State
establishment or administration of government, like suffrage and petition. Insurance Fund. After trial, the RTC rendered a decision in favor of the widow Maria Juego. On
Personal right – personal security, health, and all. appeal by D.M. Consunji, the Court of Appeals (CA) affirmed the decision of the RTC in toto.
When the courts declare a law to be inconsistent with the constitution, the former shall be void
and the latter shall govern. D.M. Consunji now seeks the reversal of the CA decision on the grounds that 1) the appellate
Administrative or executive acts, orders and regulations shall be valid only when they are not court erred in holding that the police report was admissible evidence of the alleged negligence
contrary to the laws or the constitution. of petitioner, 2) the appellate court erred in holding that the doctrine of res ipsa loquitor is
applicable to prove negligence on the part of petitioner, 3) the appellate court erred in holding
Self-Lapsing Laws – limited application, period of effectivity it becomes automatically that petitioner is presumed negligent under Article 2180 of the Civil Code, and 4) the appellate
ineffective. court erred in holding that respondent is not precluded from recovering damages under the Civil
Waiver, Meaning – waiver is the intentional or voluntary relinquishment of a known right, or Code.
such conduct as warrants an inference of relinquishment of such right. Waiver can be expressed
or implied. ISSUES:
Waivers are not presumed but must be clearly and convincingly shown, either by express 1. Does the election made by the private respondent of one of the two inconsistent
stipulation or acts admitting no other reasonable explanation. remedies equivalent to a waiver of the other? YES
Coverage of waiver – the principle of waiver is generally applicable to all rights and privileges 2. Is there a valid waiver by the private respondent? NO
to which a person is legally entitled, whether secured by a contract or guaranteed by the HELD:
constitution. Including given by executive orders of a general character. 1. YES the choice of a party between inconsistent remedies results in a waiver by election.
Unwaivable rights Hence, a claimant cannot simultaneously pursue recovery under the Labor Code and prosecute
(1) Right to life an ordinary course of action under the Civil Code. The claimant, by his choice of one remedy, is
(2) Right to future support deemed to have waived the other.
(3) Personality and family rights 2. NO there is no valid waiver made by the private respondent in the case at bar because there
Waiver of waivable rights – their waiver will also be void if; was a mistake of fact. Waiver is the intentional relinquishment of a known right. It is an act of
1. 2. understanding that presupposes that a party has knowledge of its rights, but chooses not to assert
Contrary to law, public order, public policy, morals or good customs them. It must be generally shown by the party claiming a waiver that the person against whom
If the waiver is prejudicial to a third person with a right recognized by law. the waiver is asserted had at the time knowledge, actual or constructive, of the existence of the
party’s rights or of all material facts upon which they depended. Where one lacks knowledge of
a right, there is no basis upon which waiver of it can rest. Ignorance of a material fact negates
D.M. CONSUNJI, INC. V. CA waiver, and waiver cannot be established by a consent given under a mistake or
G.R. NO. 137873; APRIL 20, 2001 KAPUNAN, J.: misapprehension of fact. It bears stressing that what negates waiver is lack of knowledge or a
What was the waiver? mistake of fact.
Waiver by election. She signed a quitclaim, but she didn’t know what she was signing. In this case, the "fact" that served as a basis for nullifying the waiver is the negligence of
FACTS: petitioner’s employees, of which private respondent purportedly learned only after the
prosecutor issued a resolution stating that there may be civil liability. There is no proof that
private respondent knew that her husband died in the elevator crash when she accomplished her
application for benefits from the ECC. There is also no showing that private respondent knew of Memorandum No. 38 is to grant scholarship to help gifted students in whom has an established
the remedies available to her when the claim before the ECC was filed. On the contrary, private interest or a first lien and not to keep these outstanding students for business scheme which
respondent testified that she was not aware of her rights. basically what the defendant university adhered to. Which is as well inconsistent with sound
policy and good morals. Hence, the defendant is hereby ordered to pay the sum.
The case is remanded to the Regional Trial Court to determine whether the award decreed in its When waiver of inheritance is void
decision is more than that of the ECC. Should the award decreed by the trial court be greater  When there are creditors, they cannot be waived
than that awarded by the ECC, payments already made to private respondent pursuant to the  Impairs ability to collect
Labor Code shall be deducted therefrom to prevent double recovery. Donation
 Action for recission
 Parties may rescind if they are the victims of a vitiating factor, such as
CUI V. ARELLANO UNIVERSITY misrepresentation, mistake, duress, or undue influence
G.R. NO. 15127; MAY 30, 1961 CONCEPCION, J.:
FACTS
The plaintiff, Emeterio Cui was a law student at the defendant University (Arellano University) Art. 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall
in which he attended from the first semester of his first year of Law School until the first not be excused by disuse, or custom or practice to the contrary.
semester of the fourth year. He was granted a scholarship from the defendant university and When the courts declared a law to be inconsistent with the Constitution, the former shall be void
signed the contract that stipulates the condition waiving his right to transfer to another school & the latter shall govern.
without refunding the equivalence of plaintiff’s scholarship cash. Administrative or executive acts, orders, & regulations shall be valid only when they are not
contrary to the laws or the Constitution. (5a)
In the years that the plaintiff has been attending the defendant university, the Dean of the Repeal
College of law as well as its legal counsel is the brother of its mother; Francisco R. Capistranto. • Legislative act of abrogating through a subsequent law the effects of a previous statute or
Dean Capistrano then transferred to Abad Santos University which where the plaintiff portions of it thereof
transferred to and pursued law school which he eventually graduated from the same university.
• Repeals are either express or implied
• Express repeal – literally declared by a new law, either in specific terms, where a specific
After graduating, the plaintiff then applied to take the bar examination; however, he needs the
law is named, or generally, where it says, “All laws inconsistent with this will be
transcript of records from the Arellano University. Upon his request for the retrieval of his
repealed.”
records, the plaintiff’s appeal was denied unless he pays back the amount of his scholarship
o A general new law that states: “All written contracts will have a prescriptive
(amounting to P1,033.87). In order to retrieve his records and be eligible to take the bar
period of 10 years” DOES NOT repeal an old special law that states:
examination, the plaintiff paid the said sum.
“Contract of sale has prescriptive period of 5 years.”
§ An old special law cannot be repealed by a new general law unless the new
ISSUE
law expressly says so
W/N the stipulation in the contract is valid. NO
o A law states: “All laws & parts thereof inconsistent with the provisions of this Act
RULING are hereby repealed or modified accordingly.”
NO The court held that the stipulation whereby the student may not transfer to another school § This does not serve as an express repealing clause for the entire provision,
without refunding scholarship cash is null and void. but only those which are substantially inconsistent with said law
• Implied – when a new law contains provisions contrary to or inconsistent with those of a
In accordance with Article 6 of the Civil Code of the Philippines, any stipulations are valid as former without expressly repealing them; not favored for reasons of:
to the freedom to stipulate a contract as long as such provision is not contrary to law, morals, o Vagueness. Repeals are not presumed, unless law expressly provides it.
good customs, public policy or public order. In this case, the contract between the plaintiff and Example: Repealing Clause. - All laws, decrees, orders, rules and regulations, other
the defendant is null and void as its provision contradicts the law; specifically the waiver of the issuances, or parts thereof inconsistent with the provisions of this Act are hereby
right to transfer to another school without refunding the scholarship cash. The Arellano repealed or modified accordingly.
University must have understood that the very essence of scholarship and the stipulation under There are 2 requisites for implied repeals:
(1) the laws cover the same subject matter, and
 (2) the latter is repugnant to the earlier. There is no doubt on the intention to repeal the prior law. If they could stand together, there is
no repeal, if not there is an implied repeal.
Implied repeal by irreconcilable inconsistency takes place when the two statutes cover the same
subject matter; they are so clearly inconsistent and incompatible with each other that they If both laws are of same category, cover same subject matter, this is so because the later law
cannot be reconciled or harmonized; and both cannot be given effect, that is, that one law manifests the latest intention.
cannot [be] enforced without nullifying ... Later prevails than the older one.
If one law is general and the other is specific, stress should be place on which law is prior
Can SC repeal laws? a. it is treated as an exception
 No. this is a function of the legislative. b. if general law is later the special law prevails
Unconstitutional Statutes except:
• No ordinary statute can override a constitutional provision a. if there is a conflict with the two
• In deciding the constitutionality of a statute, every presumption favors its validity; b. intended to replace the special law by
whenever possible, statutes should be given a meaning that is not in conflict with the covering the whole subject.
Constitution
• Constitutionality of a law is not affected by acts or omissions of law enforcement Conditions for Revival of a Repealed Law
agencies, & can depend upon factors other than those existing at the time of its enactment 1. First law – repealed by implication
Partial Unconstitutionality of Statutes Second law – repealed by third law
• Statutes can be partially repealed First law is revived unless otherwise provided in the third law.
• BUT when the parts of a statute are so mutually dependent & connected to warrant the 2. First law – repealed expressly
belief that the legislative body intended for the statute to be read as one whole, all parts Second law – repealed by third law
that are conditional to unconstitutional provisions of a statute are also unconstitutional First law is not revived unless expressly provided in the third law.

Rules & Regulations/Administrative & Executive Acts MECANO V. COMMISSION ON AUDIT

• IRRs have the nature of a law G.R. NO. 103982; DECEMBER 11, 1992 CAMPOS, JR., J.:
• Binding upon courts if the IRRs are within the scope granted by the statutes passed by the FACTS:
legislature Mecano is a Director II of the NBI. He was hospitalized and on account of which he incurred
• Must be in harmony with provisions of its law & must exist for the sole purpose of medical and hospitalization expenses, the total amount of which he is claiming from the COA.
carrying into effect its general provisions In a memorandum to the NBI Director, Director Lim requested reimbursement for his expenses
• IRRs & executive acts violative of the law & the Constitution are invalid on the ground that he is entitled to the benefits under Section 699 of the RAC, the pertinent
provisions of which read:
How Laws Lose Their Effectivity
Sec. 699. Allowances in case of injury, death, or sickness incurred in performance of duty. —
• lapse in their period of effectivity
When a person in the service of the national government of a province, city, municipality or
• declaration of nullity due to unconstitutionality
municipal district is so injured in the performance of duty as thereby to receive some actual
physical hurt or wound, the proper Head of Department may direct that absence during any
Kinds of Repeal
period of disability thereby occasioned shall be on full pay, though not more than six months,
Either express or implied. It is express when the repealing law provides for a provision or a
and in such case he may in his discretion also authorize the payment of the medical attendance,
repealing clause explicitly stating that a particular existing law or part of a law is thereby
necessary transportation, subsistence and hospital fees of the injured person. Absence in the
repealed.
case contemplated shall be charged first against vacation leave, if any there be.
It is implied if there is no repealing clause in the law, but the prior law and the subsequent law
xxx xxx xxx
could not reconcile being substantially inconsistent with one another.
In case of sickness caused by or connected directly with the performance of some act in the line
If both statutes can reasonably stand together there is no repeal.
of duty, the Department head may in his discretion authorize the payment of the necessary
Rule When There is a Conflict between Two Laws and there is no Repealing Clause in the
hospital fees.
Later Law
Director Lim then forwarded petitioner’s claim, to the Secretary of Justice. Finding petitioner’s substantial conflict must be found in existing and prior acts. This latter situation falls under the
illness to be service-connected, the Committee on Physical Examination of the Department of category of an implied repeal.
Justice favorably recommended the payment of petitioner’s claim. There are two categories of repeal by implication.
However, then Undersecretary of Justice Bello III returned petitioner’s claim to Director Lim, 1. Where provisions in the two acts on the same subject matter are in an irreconcilable
having considered the statements of the Chairman of the COA to the effect that the RAC conflict, the later act to the extent of the conflict constitutes an implied repeal of the
being relied upon was repealed by the Administrative Code of 1987. earlier one.
Petitioner then re-submitted his claim to Director Lim, with a copy of Opinion No. 73, S. 2. 2. If the later act covers the whole subject of the earlier one and is clearly intended as a
1991 of then Secretary of Justice Drilon stating that “the issuance of the Administrative Code substitute, it will operate to repeal the earlier law.
did not operate to repeal or abregate in its entirety the Revised Administrative Code, including Comparing the two Codes, it is apparent that the new Code does not cover nor attempt to cover
the particular Section 699 of the latter”. the entire subject matter of the old Code. There are several matters treated in the old Code
Director Lim transmitted anew Mecano’s claim to then Undersecretary Bello for favorable which are not found in the new Code, such as the provisions on notaries public, the leave law,
consideration; Secretary Drilon forwarded petitioner’s claim to the COA Chairman, the public bonding law, military reservations, claims for sickness benefits under Section 699,
recommending payment of the same. COA Chairman however, denied petitioner’s claim on the and still others.
ground that Section 699 of the RAC had been repealed by the Administrative Code of 1987, According to Opinion No. 73, S. 1991 of the Secretary of Justice, what appears clear is the
solely for the reason that the same section was not restated nor re-enacted in the intent to cover only those aspects of government that pertain to administration, organization and
Administrative Code of 1987. He commented, however, that the claim may be filed with the procedure, understandably because of the many changes that transpired in the government
Employees’ Compensation Commission, considering that the illness of Director Mecano structure since the enactment of the RAC decades of years ago.
occurred after the effectivity of the Administrative Code of 1987. Moreover, the COA failed to demonstrate that the provisions of the two Codes on the matter of
Eventually, petitioner’s claim was returned by Undersecretary of Justice Montenegro to the subject claim are in an irreconcilable conflict. In fact, there can be no such conflict because
Director Lim with the advice that petitioner “elevate the matter to the Supreme Court if he so the provision on sickness benefits of the nature being claimed by petitioner has not been
desires”. restated in the Administrative Code of 1987.
Hence this petition for certiorari. Lastly, it is a well-settled rule of statutory construction that repeals of statutes by implication are
ISSUE: 1. WON the Administrative Code of 1987 repealed or abrogated Section 699 of the not favored. 20 The presumption is against inconsistency and repugnancy for the legislature is
RAC NO presumed to know the existing laws on the subject and not to have enacted inconsistent or
conflicting statutes.
HELD: The Court resolves to GRANT the petition; respondent is hereby ordered to give due
course to petitioner’s claim for benefits NOTES:
NO 1. the COA would have Us consider that the fact that Section 699 was not restated in the
The question of whether a particular law has been repealed or not by a subsequent law is a Administrative Code of 1987 meant that the same section had been repealed. The COA
matter of legislative intent. The lawmakers may expressly repeal a law by incorporating therein anchored this argument on the whereas clause of the 1987 Code, which states:
a repealing provision which expressly and specifically cites the particular law or laws, and WHEREAS, the effectiveness of the Government will be enhanced by a new Administrative
portions thereof, that are intended to be repealed. A declaration in a statute, usually in its Code which incorporate in a unified document the major structural, functional and procedural
repealing clause, that a particular and specific law, identified by its number or title, is repealed principles and rules of governance; and
is an express repeal; all others are implied repeals xxx xxx xxx
In the case of the two Administrative Codes in question, the ascertainment of whether or not it It argues, in effect, that what is contemplated is only one Code — the Administrative Code of
was the intent of the legislature to supplant the old Code with the new Code partly depends on 1987. This contention is untenable.
the scrutiny of the repealing clause of the new Code. This provision is found in Section 27, The fact that a later enactment may relate to the same subject matter as that of an earlier statute
Book VII (Final Provisions) of the Administrative Code of 1987 which reads: is not of itself sufficient to cause an implied repeal of the prior act, since the new statute may
Sec. 27. Repealing Clause. — All laws, decrees, orders, rules and regulations, or portions merely be cumulative or a continuation of the old one. What is necessary is a manifest
thereof, inconsistent with this Code are hereby repealed or modified accordingly. indication of legislative purpose to repeal.
The question that should be asked is: What is the nature of this repealing clause? 2. Regarding COA contention that recovery under this subject section (699) shall bar the
It is certainly not an express repealing clause because it fails to identify or designate the act or recovery of benefits under the Employees’ Compensation Program, the same cannot be upheld.
acts that are intended to be repealed. Rather, it is an example of a general repealing The second sentence of Article 173, Chapter II, Title II (dealing on Employees’ Compensation
provision. It is a clause which predicates the intended repeal under the condition that and State Insurance Fund), Book IV of the Labor Code, as amended by P.D. 1921, expressly
 provides that “the payment of compensation under this Title shall not bar the recovery of
benefits as provided for in Section 699 of the Revised Administrative Code . . . whose benefits
are administered by the system (meaning SSS or GSIS) or by other agencies of the
government.”

Hence, Sec. 699 of the RAC remains operative.

ART 699. Allowances in case of injury, death, or sickness incurred in performance of duty.

 ART 699 was not intended to substitute the provisions of the old law
 Yes, we can harmonize the old and new provisions EXCEPT those that are in conflict
with each other.
If the law was not used for some time, it is NOT REPEALED. It has to be repealed by
Congress.
 In Cadalin v POEA provision should still be a part of our statute books
o Rule of borrowing statutes- if there is cause of action arising in foreign
jurisdiction if under laws of that jurisdiction is it is already prescribed, it is
already prescribed in the Philippines.
o If prescribed abroad, prescribed locally.
o SC still used PH laws on prescriptive characteristic.

👩🏽‍⚖️
Doctrine of Constitutional Supremacy-A constitution is a system of fundamental laws for the
Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part
governance and administration of a nation. It is supreme, imperious, absolute and unalterable
of the legal system of the Philippines. (n)
except by the authority from which it emanates. It has been defined as the fundamental and
Judicial Construction & Interpretation
paramount law of the nation.
• Courts have the principal function of not only resolving legal controversies, but also
 If in conflict with the constitution then unconstitutional
interpreting vague provisions o law relative to a particular dispute
• Construction – the art or process of discovering or expounding the meaning & intention
Why do we need to follow International Laws?
of the authors of the law with respect to its application to a given case, where the
 They are incorporated in our constitution and are generally accepted
intention is rendered doubtful, among others, because the given case is not explicitly
 States comply because they want to be able to make credible commitments in the
provided for in the law
future.
Q: Suppose there is conflict in RA passed by congress and international rule, which would
govern?
A: If laws were applied using polie power, that would prevail BUT GENERALLY, newer law
prevails over older one
Effect of Judicial Decision
• Although they are not themselves laws, they assume the same authority as the statute
itself
• Judicial decisions, though not laws, are nonetheless evidence of
what the laws mean, and it is for this reason that they are part of
the legal system of the Philippines. Judicial decisions of the
Supreme Court assume the same authority as the statute itself.
• Legis interpretation legis vim obtinet – the interpretation placed upon the written law by
a competent court has the force of law
 Res judicata means "a thing adjudicated"; "a case already decided"; or "a matter settled by a
Weight of judicial decisions of SC v. inferior courts decision or judgment".
o SC decisions – authoritative & precedent-setting; judges must apply the law as Stare decisis means "to stand by decided cases", "to uphold precedents", "to maintain former
interpreted by the SC adjudications", or "not to disturb settled law". Those things which have been so often adjudged
o CA & inferior courts – merely persuasive ought to rest in peace.
When Judicial Decisions Deemed Part of the Law Res judicata and Stare decisis are members of the same family. Both relate to adjudication of
• The application & interpretation of the SC is part of the law as of the date of the law’s matters. Both deal with final determination of contested questions and have the binding effect in
enactment future litigation. Both the doctrines are the result of decisions of a competent court of law and
• BUT DOCTINE APPLIES PROSPECTIVELY When a doctrine of the SC is overruled based on public policy.
& a different view is adopted. It will not be applied to parties who relied on the old There is , however, distinction between the two. Whereas res judicata is based upon
doctrine & acted on the faith thereof conclusiveness of judgement and adjudication of prior findings, stare decisis rests on legal
If a decision was made after enactment, it will apply even after enactment. principles.
Family Code example: Res judicata binds parties and privies, while stare decisis operates between stranger also and
binds courts from taking a contrary view on the point of law already decided.
Judicial Decision are Not Laws but Have the Force and Effect Laws – They have the force Res judicata relates to a specific controversy, stare decisis touches legal principles.
and effect of laws as they assume the same authority as the statutes themselves. Res judicata presupposes judicial finding upon the same facts as involved in subsequent
The court’s interpretation of a statute constitutes part of the laws as of the date it was originally litigation between the same parties. Stare decisis applies to same principle of law to all parties.
enacted, since the Court’s construction merely establishes contemporaneous legislative intent
that the interpreted law purports effectuates. Once a case has been decided on way, any other case involving exactly the same point at
issue should be decided in the same manner.
Jurisprudence – the doctrine formulated by the decisions of the Supreme Court constitute what Limited Flexibility of Stare Decisis
we call jurisprudence. These doctrines and supplement the written law. It does not mean blind adherence to precedent.
Constitutional Requirements for Validity of decisions • Precedent now considered contrary to law
No decision shall be rendered by any court without expressing therein clearly and distinctly the • Precedent ceased to be beneficial and useful to society in the light of changing conditions.
facts and the law which it is based. Resolutions are not decisions within the constitution
requirement, they merely resolve that the petition for review is not entertainable under the Rules Justification for Abandoning the Principle of Stare Decisis – The principle of stare decisis
of Court. abandonment must be based only on strong and compelling reasons. Otherwise the becoming
virtue of predictability which is expected from the court would immeasurably affected and the
Stare Decisis and Res Judicata public’s confidence in the stability of the solemn pronouncements diminished.
stare decisis is based upon the legal principle or rule involved and not upon the judgment which
results therefrom, and in this sense, stare decisis differs from Example of a Case Where Supreme Court Abandoned a Settled Factual Issue
res judicata which is upon the judgment Observation and Submission
Q: Are precedents mandatory? A Doctrine that should be abandoned must be abandoned.
A: No. If it finds reason to veer away from pronouncements, then it can do so. Neither are It is unethical for lawyers to cite as authorities the decision which have already been overruled
mandatory. If the precedent is erroneous, they don’t have to follow the precedent. and no longer controlling.
Kinds of Stare Decisis
Stare Decisis 1. Vertical stare decisis – hierarchical
The doctrine of stare decisis (et no queita movere) refers to the principle of adherence to 2. Horizontal stare decisis – past precedents
precedents for reasons of stability in the law. The doctrine requires lower courts to follow the In order that a case can be considered as a precedent to another case at bar, the facts and
rules established in prevailing decision of the Supreme Court. circumstances of the first case should be similar or analogous to the second case.
When SC had already resolved a particular issue of jurisdiction in several cases, it is a salutary Obiter Dictum
and necessary judicial practice to apply the ruling therein to the subject petition.
An opinion expressed by a court upon some question of law which is not necessary to the evidence of what the laws mean. The application or interpretation placed by the Court upon a
decision of the case before it. It is a remark made expressed by a judge in his decision upon a law is part of the law as of the date of the enactment of the said law since the Court's application
cause. A point not necessarily involved in the determination of the cause. or interpretation merely establishes the contemporaneous legislative intent that the construed
law purports to carry into effect.

PEOPLE V. LICERA Section 879 of the Revised Administrative Code. "peace officers" are exempted from the
G.R. NO. L-39990; JULY 22, 1975 CASTRO, J.: requirements relating to the issuance of license to possess firearms
FACTS: The Macarandang rule was promulgated in 1959, Licera was designated as as secret agent in
In relation to Art 8 where Judicial Decisions are considered a part of the legal system of the 1961, apprehended in1965. Only in 1967 was the Mapa ruling promulgated, a year before
Philippines: WE CANNOT PENALIZE ANYONE WHO ACTED PURSUANT TO THE Licera was convicted by the CFI. To use the Mapa ruling would be to apply the ruling
PROMULGATION OF THE OLD DOCTRINE AT THE TIME retroactively, since at the time the act was committed, he was subject to the Macarandang
Timeline: ruling. And as the SC maintains, the principle of prospectivity is also applied to judicial
1959 – Macarandang Rule was promulgated
1961 – Licera was appointed as secret agent
decisions which, "although in themselves not laws, are nevertheless evidence of what the laws
1965 – Apprehension of Licera and filing of information against him mean.
1967 – Mapa Rule was promulgated
1968 – CFI convicted Licera of Illegal possession of firearms
Thus, pursuant to the Macarandang rule which was effective during Licera’s appointment and
apprehension, Licera incurrs no criminal liability for possession of the rifle, notwithstanding his
Defendant Licera was charged with the crime of illegal possession of firearms and was
non-compliance with the legal requirements relating to firearm licenses
sentenced to 5 yrs of imprisonment. In his appeal, Licera invoked the Macarandang rule, where
similar to the accused Macarandang, he claimed to be a secret agent of the Gov. of Batangas,
which grants him authority to possess a firearm, and thus should incur no criminal liability for

🤐
possession of the weapon, as well as exemption from the requirements of possessing the
firearm.
Art. 9. No judge or court shall decline to render judgment by reason of the silence,
The CFI acquitted Licera on the charge of assault upon an agent of a person in authority, but obscurity or insufficiency of the laws. (6)
convicted him of illegal possession of firearm, sentencing him to suffer five years of Filling the Gaps in the Laws, Authorized; Limitations
imprisonmen. Judge is enjoined to render a decision when:
Hence, in his appeal to the CA, Licera claims that the CFI erred in relying on the later case of  no law directly applicable
People v. Mapa which held that section 879 of the Revised Administrative Code provides no  law is obscure or vague
exemption for persons appointed as secret agents by provincial governors from the requirements He must see to it that the decision is
relating to firearm licenses. (1) just and equitable
(2) not contrary to law, public order, public policy, morals and good customs.
ISSUE: (3) should favor that solution which would promotes the public welfare.
Whether the CFI was correct in convicting Licera of Illegal Possession of Firearms on the basis (4) Reasonable and must not lead to absurdity.
of the Mapa ruling. NO
Guidelines in the Rendition of Decision under Article 9
HELD: When there is no law exactly applicable to the point of the controversy:
NO the Macarandang Ruling should have been used by the CFI as basis of acquitting Licera. (1) Customs of the place shall be applied.
Article 8 of the Civil Code decrees that judicial decisions applying or interpreting the laws or (2) General principles of law
the Constitution form part of this jurisdiction's legal system. (3) Decision of foreign
(4) Opinion of known authors and professors
Article 8 of the Civil Code. States that Judicial decisions applying or interpreting the laws (5) Rules of statutory construction
or the Constitution shall form a part of the legal system of the Philippines. (6) Principles formulated in analogous cases.
Judicial decisions applying or interpreting the laws or the Constitution form part of this
jurisdiction's legal system. These decisions, although in themselves not laws, constitute
Duty of Judge When Laws are clear —when the law is clear the court cannot adopt a policy referee declared Bernas’ cock the winner. Chu Jan brought a suit against Bernas in the justice of the peace
different from that of the law, apply without fear or favor. What the law grants, the court cannot court, asking that his own rooster be declared the winner. The justice of the peace decided that the bout was
deny. a draw. Chu appealed to the CFI praying that a judgment be rendered ordering the defendant to abide by and
comply with the rules and regulations governing cockfights, to pay the wager of P160, to return the sums of
the wager and to assess the costs of both instances against the defendant.
Article 9 is applicable only Civil Cases
Nullum crimen, nulla poena sine lege (There is no crime when there is no law punishing the The CFI rendered judgment dismissing the appeal without special finding as to costs on the ground that:
same) when there is no law condemning the act, there is no crime. The dismissal of the case is (1) the court has always dismissed cases of this nature;
mandatory because conviction is inconceivable. (2) that he is not familiar with the rules governing cockfights and the duties of referees thereof; (3) that he
 No. matter how wrongful, evil or bad the act is, if there is no. law defining the act, the does not know where to find the law on the subject, and
same is not considered a. crime. (4) that he knows of no law whatever that governs the rights in questions concerning cockfights.
Duty of Judges
ISSUE:
• Judges cannot evade performance of their responsibility because of the apparent non- Can the court dismiss a case for lack of knowledge regarding the law applicable to a case? NO.
existence of a law in a particular dispute
• Where the conclusions of a judge in a decision are not without logic or reason, he cannot HELD:
be said to have been incompetent NO. The ignorance of the court or his lack of knowledge regarding the law applicable to a case submitted to
CASE: In re: Padilla him for decision, the fact that the court does not know the rules applicable to a certain matter that is the
Facts: The paraphernal property of the wife was demolished to give way for the construction of subject of an appeal which must be decided by him and his not knowing where to find the law relative to the
case, are not reasons that can serve to excuse the court for terminating the proceedings by dismissing them
another building. The erection of the new building benefited the conjugal partnership of gains of
without deciding the issues. Such an excuse is the less acceptable because, foreseeing that a case might arise
the spouses. At the dissolution of the conjugal partnership, the wife demanded reimbursement
to which no law would be exactly applicable, the Civil Code, in the second paragraph of article Art. 11,
for the building demolished. However, the law does not explicitly provide for such provides that the customs of the place shall be observed, and, in the absence thereof, the general
reimbursement. principles of law.
Held: SC ruled in favor of reimbursement, holding that it would only be just & fair to do so, Therefore the judgment and the order appealed from, hereinbefore mentioned, are reversed and to record of
even if the law was silent about this. the proceedings shall remanded to the court from whence they came for due trial and judgment as provided
by law. No special finding is made with regard to costs.

✅
Judicial Legislation
• The judiciary is tasked with resolving legal controversies & interpreting statutes; it cannot
legislate Art. 10. In case of doubt in the interpretation or application of laws, it is presumed that the
• But even a legislator, through Art. 9, recognizes that in some instances, courts “do lawmaking body intended right and justice to prevail. (n)
& must legislate” to fill in the gaps of the law Doubtful Statutes
• Where the law is clear, it must be applied according to its unambiguous provisions
• Construction & interpretation come only after it has been demonstrated that application is
CLASS DISCUSSION (M)
impossible or inadequate without them
Q: Technically, an adopted child has no middle name (In re: Stephanie). The father wanted to
o But in the interpretation, there must be fidelity to the legislative purpose
have the child’s middle name be her mother’s name. OSG opposed since the law and Rules of
Court do not so provide. Was OSG correct? Article applies only if there is Doubt
A: Article 9 was used to hold that the OSG was wrong, and that the child could use the middle If there is doubt on the law, the judge should proceed on the presumption that the lawmaking
name of her mother. According to Article 11 & 12 also, custom shows that the mom’s last name body intended right and justice to prevail.
is also the customary middle name of a child. Furthermore, giving the child a middle name - Prevailing principles in statutory construction
would be for the child’s best interest. Some fundamental principles in Statutory Construction or Interpretation of Laws.
1. Law should be interpreted not by the letter that killeth but by the spirit that giveth life.
2. When statutes are silent or ambiguous, the courts should consider the vehement urge
CHU JAN V. BERNAS
of the conscience.
G.R. NO. 10010; AUGUST 1, 1916 ARAULLO, J.:
3. When the reason for the law ceases, the law automatically ceases;
Keywords: Cockfight, Judge dismissed cause he didn’t know the laws.
FACTS:
4. Strict interpretation should be applied to laws which are in derogation of natural or
A match in the cockpit between plaintiff Chu Jan and defendant Bernas. Both put up a wager of P160.The basic rights.
 5. Criminal laws and tax laws should be interpreted strictly against the state. connected with criminal intent. Proclamation 1081 (suppressing criminality, etc.) that is within
6. The judge should not apply equity if equity will not serve the ends of justice. The the intent of P.D. No. 9. The carrying of deadly weapons outside the residence must be related
judge should instead apply the law strictly. to subversive or criminal activities to constitute a crime. Penalizing the mere act of carrying
7. Equity follows the law. Justice is done according to law. deadly weapons would lead to injustice, hardships and unreasonable consequences, never
8. Equity is justice tempered with mercy. Its purpose is to soften the rigor of positive intended by a legislative measure.
laws;
9. Rules of court must be liberally construed in order to promote their object to assist the Hence, the mere carrying of deadly weapons do not constitute a crime under P.D. 9 (3).
parties in obtaining just, speedy, and inexpensive determination of every action and
proceeding. “GENEVIEVE ARREZA TOYO,” vs. TETSUSHI TOYO, LOCAL CIVIL
REGISTRAR OF QUEZON CITY, and THE ADMINISTRATOR AND CIVIL
In People vs. Amigo, the accused claims that the penalty of reclusion perpetua is too cruel and REGISTRAR GENERAL OF THE
harsh a penalty and pleads for sympathy. The Court replied: “Courts are not the forum to plead NATIONAL STATISTICS OFFICE
for sympathy. The duty of courts is to apply the law, disregarding their feeling of sympathy or G.R. No. 213198. July 1, 2019
pity for the accused. THIRD DIVISION LEONEN, J.:
Keywords: Unable to produce authenticated foreign documents which the court needs, bigamy
DURA LEX SED LEX. The remedy is elsewhere –– clemency from the executive or an FACTS
amendment of the law by the legislative, but surely, at this point, this Court cannot but apply the After 19 years of marriage of Genevieve and Tetsushi Toyo filed a Notification of Divorce by
law.” Agreement, which was received by the Mayor of Konohana-ku, Osaka City in 2011. It was
recorded in Tetsushi’s family register as certified by the Mayor of Toyonaka City. Have a child:
If a judge feels the penalty is too harsh, he has the option to take it up with the government. Keiichi. In May of 2012, Genevieve filed a Petition for judicial recognition of foreign divorce
PEOPLE V. PURISIMA and declaration of capacity to remarry to RTC. She submitted a copy of their Divorce
G.R. NO. L-42050-66; NOVEMBER 20, 1978 MUÑOZ-PALMA, J.: Certificate, Tetsushi’s Family Register, the Certificate of Acceptance of the Notification of
Keywords: Possession of deadly weapons, judge trashed the petitions. Divorce, and an English translation of the Civil Code of Japan, among others.

FACTS: RTC denied her petition on the grounds that while the evidence proved that their divorce
Pursuant to P.D. 9, penalizing the illegal possession of deadly weapons, 26 people were agreement was accepted by the local government of Japan, she failed to prove the copy of
charged for carrying deadly weapons. Respondent Judge Purisima, et. al. dismissed all the Japan’s law and noted that the copy of the Civil Code of Japan and its English translation
information’s filed in their respective courts for failing to show that carrying deadly weapons submitted by Genevieve were duly authenticated by the Philippine Consul in Japan, the
outside the home connected with or related to subversion, insurrection, or rebellion, organized Japanese Consul in Manila, or the Department of Foreign Affairs.
lawlessness or public disorder. Based on the literal import P.D. 9 (3), the People argue that the
prohibited acts need not be related to subversive activities as such are essentially a malum ISSUE
prohibitum penalized for reasons of public policy. RTC erred in denying the petition for judicial recognition of foreign divorce and declaration
of capacity to remarry. NO.
ISSUE:
Whether or not the mere carrying of deadly weapons constitute a crime under P.D. 9 (3) NO. RULING
HELD: RTC ruled that the documents petitioner submitted to prove the divorce decree have complied
NO. The intention of P.D. No. 9 is not to punish mere carrying of deadly weapons. According with the demands of Rule 132, Sections 24 and 25. However, it found the copy of the Japan
to Art. 10. In case of doubt in the interpretation or application of laws, it is presumed that Civil Code and its English translation insufficient to prove Japan’s law on divorce. Documents
the lawmaking body intended right and justice to prevail. The general rule is to determine were not duly authenticated by the Philippine Consul in Japan, the Japanese Consul in Manila,
the intent and spirit of the law. Legislative intent is the controlling factor. Whatever is within or the Department of Foreign Affairs.
the spirit of a statute is within the statute, and this has to be so if strict adherence to the letter
would result in absurdity, injustice and contradictions. Petitioner prove not only the foreign judgment granting the divorce, but also the alien spouse’s
national law. This rule is rooted in the fundamental theory that Philippine courts do not take
In this case, when P.D. No. 9 was promulgated, there was no intent to oppress anyone carrying a judicial notice of foreign judgments and laws. As explained in Corpuz v. Sto. Tomas, 628
deadly weapon. The act of carrying a blunt or bladed weapon must be with a motivation SCRA 266 (2010): The starting point in any recognition of a foreign divorce judgment is the
acknowledgment that our courts do not take judicial notice of foreign judgments and laws. prescribed in this paragraph, and one year for each additional ten thousand pesos, but
Justice Herrera explained: “no sovereign is bound to give effect within its dominion to a the total of the penalty which may be imposed shall not exceed twenty years.
judgment rendered by a tribunal of another country.” This means that the foreign judgment and
its authenticity must be proven as facts under our rules on evidence, together with the alien’s In such cases, and in connection with the accessory penalties which may be imposed and for
applicable national law to show the effect of the judgment on the alien himself or herself. The the purpose of the other provisions of this Code, the penalty shall be termed prision
recognition may be made in an action instituted specifically for the purpose or in another action mayor or reclusion temporal, as the case may be. Thus, the minimum, medium, and maximum
where a party invokes the foreign decree as an integral aspect of his [or her] claim or defense. periods of the penalty prescribed are:
Minimum - 6 years and 1 day to 7 years and 4 months
In the interest of orderly procedure and substantial justice, the case is hereby REFERRED to the Medium - 7 years, 4 months and 1 day to 8 years and 8 months
Court of Appeals for appropriate action Maximum - 8 years, 8 months, and 1 day to 10 years

Respondents filed a motion to quash the search warrants with RTC on the following grounds
PHILIPPINE LONG DISTANCE TELEPHONE COMPANY v. ABIGAIL R. RAZON (1) RTC had no authority to issue search warrants which were enforced in
ALVAREZ, GR No. 179408, 2014-03- Parañaque City
Keywords: theft, court was confused WON pldt services are objects under theft. (2) enumeration of the items to be searched and seized lacked particularity;
Facts: (3) there was no probable cause for the crime of theft.
PLDT offers telecommunications services in and between the Philippines andother countries. It
its regular investigations to prevent or stop network fraud, a test call was conducted by PLDT RTC denied the respondents' motion to quash. Respondents filed a petition for certiorari with
which thereafter lead to the discovery that several lines a reinstalled in the address of Abigail the CA." The CA, however, nullified the ensuing paragraphs, 7, 8 and 9, for lack of particularity
Alvarez in Parañaque to which herein respondents were subscribed, allowing them to and ordered the return of the items seized under these provisions. While the same stock phrase
place a call without having to pass PLDT’s system. appears in paragraphs 7 and 8, the properties described therein - i.e., printer and... scanner,
software, diskette and tapes - include even those for the respondents' personal use, making the
Several lines were installed in her address. PLDT's Quality Control Division and PNP description of the things to be seized too general in nature.
conducted an ocular inspection at the addresses in Parañaque and discovered that PLDT
telephone lines were connected to several pieces of equipment. A search warrant was issued for Issues:
the crimes of theft and violation of PD 401 and thereafter a complaint was filed against the Whether or not PLDT’s business of providing telecommunication services and
respondents these services are personal properties contemplated under the crime of theft. NO

Judge Mendiola found probable cause for the issuance of the search warrants applied for. 4 Ruling:
search warrants were issued for violations of Article 308, in relation to Article 309, of the RPC
and of PD No. 401, as... amended) for the ISR activities being conducted. International Simple Resale (ISR). ISR is a method of routing and completing international
PRESIDENTIAL DECREE No. 401—PENALIZING THE UNAUTHORIZED INSTALLATION long distance calls using International Private Leased Lines (IPL), cables, antenna or air wave
OF WATER, ELECTRICAL OR TELEPHONE CONNECTIONS, THE USE OF TAMPERED or frequency, which connect directly to the local or domestic exchange facilities of the
WATER OR ELECTRICAL METERS, AND OTHER ACTS terminating country (the country where the call is destined).
We partially grant the petition.
Art. 308. Who are liable for theft. - Theft is committed by any person who, with intent to gain
but without violence against or intimidation of persons nor force upon things, shall take Penal laws are construed strictly against the State. The Court ruled that international long
personal property of another without the latter's consent. distance calls and the business of providing telecommunication or telephone services by
PLDT are not personal properties that can be the subject of... theft.
Art. 309. Penalties. - Any person guilty of theft shall be punished by: One is apt to conclude that "personal property" standing alone, covers both tangible and
1. The penalty of prision mayor in its minimum and medium periods, if the value of the intangible properties and are subject of theft under the Revised Penal Code.
thing stolen is more than 12,000 pesos but does not exceed 22,000 pesos; but if the value of
the thing stolen exceed the latter amount, the penalty shall be the maximum period of the one
But the words "Personal property" under the Revised Penal Code must be considered in tandem Article 8 of the Civil Code embodies the basic principle of stare decisis et non quieta
with the... word "take" in the law. The statutory definition of "taking" and movable property movere (to adhere to precedents and not to unsettle established matters) that enjoins
indicates that, clearly, not all personal properties may be the proper subjects of theft. The adherence to judicial precedents embodied in the decision of the Supreme Court. That
general rule is that, only movable properties which have physical or material existence and decision... becomes a judicial precedent to be followed in subsequent cases by all courts in
susceptible... of occupation by another are proper objects of theft the land. The doctrine of stare decisis, in turn, is based on the principle that once a
question of law has been examined and decided, it should be deemed settled and closed to
First, the Laurel En Banc ruling categorically equated an ISR activity to theft under the RPC. further... argument.[59] The doctrine of (horizontal) stare decisis is one of policy,
In so doing, whatever alleged factual variance there may be between Laurel and the present case grounded on the necessity of securing certainty and stability of judicial decisions.[60]
cannot render Laurel inapplicable. In the field of adjudication, a case cannot yet acquire the status of a "decided" case that is
"deemed settled and closed to further argument" if the Court's decision is still the subject of a
Second, and more importantly, in a Rule 45 petition, the Court basically determines whether the motion for reconsideration seasonably filed by the moving... party. Under the Rules of Court, a
CA was legally correct in determining whether the RTC committed grave abuse of discretion. party is expressly allowed to file a motion for reconsideration of the Court's decision within 15
Under this premise, the CA ordinarily gauges the grave abuse of discretion at the... time the days from notice.[61] Since the doctrine of stare decisis is founded on the necessity of securing
RTC rendered its assailed resolution. In quashing SW A-l and SW A-2, note that the CA relied certainty and stability in... law, then these attributes will spring only once the Court's ruling has
on the Laurel Division ruling at the time when it was still subject of a pending motion for lapsed to finality in accordance with law. In Ting v. Velez-Ting,[62] we ruled that:
reconsideration. The CA, in fact, did not expressly impute grave abuse of... discretion on the The principle of stare decisis enjoins adherence by lower courts to doctrinal rules established by
RTC when the RTC issued the search warrants and later refused to quash these. this Court in its final decisions. It is based on the principle that once a question of law has been
Understandably, the CA could not have really found the presence of grave abuse of discretion examined and decided, it should be deemed settled and... closed to further argument.
for there was no Laurel ruling to speak of at the time the RTC issued the search... warrants. In applying Laurel despite PLDT's statement that the case is still subject of a pending motion
These peculiar facts require us to more carefully analyze our prism of review under Rule 45. for reconsideration,[63] the CA legally erred in refusing to reconsider its ruling that largely
Requisites for the issuance of search warrant; probable cause requires the probable existence of relied on a non-fmal ruling of the Court. While the CA's... dutiful desire to apply the latest
an offense pronouncement of the Court in Laurel is expected, it should have acted with caution, instead of
excitement, on being informed by PLDT of its pending motion for reconsideration; it should
The constitutional requirement for the issuance of a search warrant is reiterated under Sections 4 have then followed the principle of stare... decisis. The appellate court's application of an
and 5, Rule 126 of the Revised Rules of Criminal Procedure. These sections lay down the exceptional circumstance when it may order the quashal of the search warrant on grounds not
following requirements for the issuance of a search warrant: (1) the existence of probable... existing at the time the warrant was issued or implemented must still rest on prudential grounds
cause; (2) the probable cause must be determined personally by the judge; (3) the judge must if only to maintain the limitation of... the scope of the remedy of certiorari as a writ to correct
examine, in writing and under oath or affirmation, the complainant and the witnesses he or she errors of jurisdiction and not mere errors of judgment.
may produce; (4) the applicant and the witnesses testify on the facts personally known to...
them; and (5) the warrant specifically describes the place to be searched and the things to be AYALA CORPORATION, petitioner, vs.
seized.[44] Should any of these requisites be absent, the party aggrieved by the issuance and ROSA-DIANA REALTY AND DEVELOPMENT CORPORATION, respondent.
enforcement of the search warrant may file a motion to quash the... search warrant with the December 1, 2000
issuing court or with the court where the action is subsequently instituted. Keywords: rosa diana breach of contract,, yes
FACTS:
Principles: Ayala Corp entered into a transaction with Manuel Sy and Sy Ka Kieng where Ayala sold a lot
With the Court En Banc's reversal of the earlier Laurel ruling, then the CA's quashal of these in Salcedo Village in Makati. The deed of sale had conditions:
warrants would have no leg to stand on. This is the dire consequence of failing to appreciate the
full import of the doctrine of stare decisis that the CA ignored.
(1) a building proposal must be submitted to Ayala which must be in
Under Article 8 of the Civil Code, the decisions of this Court form part of the country's legal
accordance with the deed of restrictions,
system. While these decisions are not laws pursuant to the doctrine of separation of powers,
they evidence the laws' meaning, breadth, and scope and, therefore, have the same binding... 1. DR specified the limits in height and floor area of the building to
force as the laws themselves.[57] Hence, the Court's interpretation of a statute forms part of the be constructed.
law as of the date it was originally passed because the Court's construction merely establishes (2) the construction of the building must be completed on or before 1979
the contemporaneous legislative intent that the interpreted... law carries into effect.[58] (3) that there will be no resale of the lot.
However, Sy and Kieng, failed to build a building but sold the lot to the respondent, Rosa Diana Customs cannot Supplant Laws
Realty with the permission of Ayala. The court shall apply the law and is unable to supplant governing customs albeit how widely
observed.
Respondent Rosa Diana agreed with the stipulations in the Special Conditions of Sale (SCS)
and the DR. Prior to the construction, Rosa Diana submitted a building plan to Ayala complying Custom is a rule of human action established by repeated acts, and uniformly observed or
with the DR but submitted a different building plan to the building administrator of Makati, practiced as a rule of society, thru the implicit approval of the lawmakers, and which is
which was not in compliance with the stipulations in the DR. therefore generally obligatory and legally binding. (Paras)

While the building, “The Peak,” was being constructed, Ayala filed a case praying that: Stimson’s Law Dictionary — brought about by local usage, and is not annexed or peculiar to
(1) Rosa Diana, be compelled to comply with the DR and build the building in any particular individual.
accordance with the building plan submitted to Ayala;
(2) Otherwise, then rescission of the deed of sale. A shorter definition of custom would be that it is a rule of conduct imposed not by any written
a. rescinded contract is treated as if there had never been a contract at all. law but by social pressure. Such social pressure achieves the status of a "custom" if there is
uniform compliance among members of the community who view it as obligatory. As a result of
The trial court ruled in favor of Rosa Diana was able to complete the construction of “The their opinion as to the custom's obligatory nature, there is proof that said members repeatedly
Peak.” Ayala filed before the Register of Deeds (RD) of Makati a cause of annotation lis comply with such rule of conduct.
pendens ,a notice that a property has a claim against it backed by a pending lawsuit.. RD
refused to grant Ayala such registration for in the lower court; the case is of personal action for Since the Philippines is a civil law country, the legal system heavily relies on written laws
a specific performance and/or rescission. passed by Congress and approved by the President. As a general rule, customs cannot be the
basis of obligations as the Civil Code squarely answers by saying: "Article 1157. Obligations
However, the Land Registration Authority (LRA) reversed RD’s ruling. The appellate court arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by
upheld the RD’s ruling stating that the case before the trial court is a personal action for the law; and (5) Quasi-delicts." Therefore, courts, as a rule, cannot consider customs in deciding a
cause of action arises from the alleged violation of the DR. The trial court sustained the case.
respondent’s point saying that Ayala was guilty of abandonment and/or estoppels due to its
failure to enforce the terms of the DR and SCS against Sy and Kieng. Ayala discriminately EXCEPTION However, if the following requisites are present, courts are justified in
chose which obligor would be made to follow certain conditions, which is not fair and legal. On considering custom in deciding a case:
appeal, the CA affirmed the lower court’s ruling. Hence, this petition. 1. Allegation and proof of the existence of such custom;
2. Consistency with law;
ISSUE: Whether or not Rosa Diana committed a breach of contract. YES. 3. Consistency with public order and public policy; and
4. Belief and (juridical) intention of the community to make the conduct as obligatory
RULING: Yes, the Supreme Court ruled that Rosa Diana committed a breach of contract by as a law (also known as convictio juris seu necessitates; in international law, this is
submitting a building plan to Ayala complying with the DR and submitting a different building called opinio juris sive necessitates).
plan to the building administrator of Makati, which did not comply with the stipulations in the
DR. Requisites in Application of Customs
The following are the requisites before a custom may have the force of suppletory rule:
Contractual Obligations between parties have the force of law between them and absent (1) Plurality of acts, or various resolutions of a juridical question raised
any allegation that the same are contrary to law, morals, good customs, public order or repeatedly in life;
public policy, they must complied with in good faith. (2) Uniformity, or identity of acts or various solutions to the juridical question;
(3) General practice by the great mass of the social group;
Thus, the assailed decision of the Court of Appeals is reversed and set aside. (4) Continued performance of these acts for a long period of time;
(5) General conviction that the practice corresponds to a juridical necessity or
Art. 11. Customs which are contrary to law, public order or public policy shall not be that it is obligatory; and (6) The practice must not be contrary to law,
countenanced. (n) morals or public order.
 • Courts take no judicial notice of custom
Proof of the existence of the custom should include: o Instead, custom must be proven as fact with competent evidence.
1. Evidence of repeated compliance with such custom; • There is a difference between social custom & juridical custom
2. Evidence of the community members' uniform compliance with the custom; and o Juridical custom – can supplement statutory law or can be applied in the absence
3. Evidence of lapse of sufficient time (which further proves existence and due of a statute
observance). o Social custom – cannot be applied in the absence of a statute
Belief or intention of the community to made the custom as binding as law is shown by the • Proven customs still cannot prevail if they are contrary to law, public policy or public
existence of punishments or consequences that would befall anyone who disregards or violates order (including rules enunciated by SC)
said custom. Usage vs. Custom
Usage – repetition of acts, custom is which arises from such repetition. Usage without custom
For example, a custom that endangers life or property cannot be countenanced. In one case, the but no custom without usage.
Supreme Court wrote: Kinds of
Basing himself on this alleged custom, counsel contends that "When a person does what is usual 1.
and customary, i. e., proceeds as he and others engaged in a like occupation have been 2. 3.
accustomed to proceed, the action cannot be characterized as reckless, nor, strictly speaking, as Customs
negligent." To this the obvious reply may be made, for the moment admitting the existence of General customs – prevails throughout a country, one that is followed in all cases by all
the custom, that a practice which is dangerous to human life cannot ripen into a custom persons in the same business in the same territory, long established, acted upon.
which will protect anyone who follows it. To to upon a railroad crossing without making any Local customs
effort to ascertain the approach of a train is so hazardous an act and one so dangerous to life, Particular customs – certain inhabitants
that no one may be permitted to excuse himself who does it, provided injury results. One who • Customs cannot justify what is illegal.
performs an act so inherently dangerous cannot, when an accident occurs, take refuge behind Importance of customs – helps the judge decide in lieu of the situation presented in Article 9.
the plea that others have performed the same act safely. (Yamada v. Manila Railroad Requisites to Make a Custom Obligatory.
Co., G.R. No. 10073, December 24, 1915) Provided that the custom is not contrary to law, public order, public policy, it may be given an
A custom that allows the dissolution of marriage and, thereafter, remarriage without compliance obligatory rule:
with the processes required by law also, therefore, cannot be countenanced since such is against 1. Plurality of acts; acts are repeatedly done
the Family Code and the Revised Penal Code. 2. It is generally practiced by the great mass of the
social group.
In another case (Martinez v. Van Buskirk, G.R. No. 5691, December 27, 1910), it was held: 3. The practice has been going on for a long period
It appears from the undisputed evidence that the horses which caused the damage were gentle of time.
and tractable; that the cochero was experienced and capable; that he had driven one of the 4. The community accepts it as a proper way of acting, such that it is considered obligatory
horses several years and the other five or six months; that he had been in the habit, during all upon all.
that time, of leaving them in the condition in which they were left on the day of the accident; CUSTOMS MUST BE PROVEN AS A FACT, evidence is required.
that they had never run away up to that time and there had been,, therefore, no accident due to • The courts can use JUDICIAL NOTICE of a custom if there is already a decision
such practice; that to leave the horses and assist in unloading the merchandise in the manner recognizing the custom.
described on the day of the accident was the custom of all cocheros who delivered merchandise • Or through public knowledge
of the character of that which was being delivered by the cochero of the defendant on the day If evidence presented is insufficient then the custom is non-existent. If proved acts relating to
in question, which custom was sanctioned by their employers. In our judgment, the cochero of the custom is referring to the location of the performance of custom not the location of the
the defendant was not negligent in leaving the horses in the manner described by the court.
evidence in this case, either under Spanish or American jurisprudence.

Art. 12. A custom must be proved as a fact, according to the rules of evidence. (n) ANABAN V. ANABAN-ALFILER
Customs Keywords: divorce custom in Ibaloi culture not adherent to constitution.
• A rule of conduct formed by repetition of acts, uniformly observed (practiced) as a social
rule, legally binding & obligatory.
 MARTINEZ V. VAN BUSKIRK
G.R. NO. L-5691; DECEMBER 27, 1910 MORELAND, J.:
Keywords: driver of delivery wagon not negligent. Leaving horses is an acceptable custom.
FACTS:
Carmen Ong de Martinez was riding in a carromata when the driver noticed it was about to
collide with a delivery wagon owned by defendant Van Buskirk coming from the opposite
direction. The driver of Martinez’ vehicle swerved to avoid the delivery wagon, but failed to
prevent the collision. This severely wounded the plaintiff, the carromata, and the horse.

These facts are not disputed, but the defendant presented evidence to the effect that the cochero
Issue driving the wagon was a good servant and was considered a safe and reliable cochero; that the
wagon had to deliver some forage and that the cochero tied the driving lines of the horses to the
front end of the delivery wagon and then went back inside of the wagon for the purpose of
Held unloading the forage; that while unloading the forage and in the act of carrying some of it out,
another vehicle drove by, the driver of which cracked a whip and made some other noises,
which frightened the horses attached to the delivery wagon and they ran away, and the driver
was thrown from the inside of the wagon out through the rear upon the ground and was unable
to stop the horses; that the horses then ran up and on which street they came into collision with
the carromata in which the plaintiff, Carmen Ong de Martinez, was riding.
The court found the defendant guilty of negligence.
ISSUE:
The cochero of the defendant was negligent in leaving the horses in such manner. NO
HELD:
NO The horses which caused the damage were gentle and tractable; that the cochero was
experienced and capable; that he had driven one of the horses several years and the other five or
six months; that he had been in the habit, during all that time, of leaving them in the condition
in which they were left on the day of the accident; that they had never run away up to that time
and there had been, therefore, no accident due to such practice; that to leave the horses and
assist in unloading the merchandise in the manner described was the custom of all cochero
who delivered merchandise of the character of that which was being delivered by the cochero of
the defendant on the day in question, which custom was sanctioned by their employers.
The act of defendant's driver in leaving the horses in the manner proved was not unreasonable
or imprudent. Acts the performance of which has not proved destructive or injurious and
which have, therefore, been acquiesced in by society for so long a time that they have ripened
into custom, cannot be held to be themselves unreasonable or imprudent.
Indeed the very reason why they have been permitted by society is that they beneficial rather Is Sy Kiat’s marriage to Yao Kee in accordance with the Chinese law and customs conclusive?
than prejudicial. It is a matter of common knowledge as well as proof that it is the universal NO.
practice of merchants to deliver merchandise of the kind of that being delivered at the time of HELD:
the injury, in the manner in which that was then being delivered; and that it is the universal The pieces of evidence presented in the trial may very well prove the fact of marriage between
practice to leave the horses in the manner in which they were left at the time of the accident. Yao Kee and Sy Kiat. However, the same do not suffice to establish the validity of said
This is the custom in all cities. It has not been productive of accidents or injuries. The public, marriage in accordance with Chinese law or custom.
finding itself unprejudiced by such practice, has acquiesced for years without objection. Custom is defined as "a rule of conduct formed by repetition of acts, uniformly observed
(practiced) as a social rule, legally binding and obligatory" The law requires that "a custom
YAO KEE V. SY-GONZALES must be proved as a fact, according to the rules of evidence" [Article 12, Civil Code.] On
G.R. NO. 55960; NOVEMBER 24, 1988 MORELAND, J.: this score the Court had occasion to state that "a local custom as a source of right cannot be
Keywords: driver of delivery wagon not negligent. Leaving horses is an acceptable custom. considered by a court of justice unless such custom is properly established by competent
FACTS: evidence like any other fact. The same evidence, if not one of a higher degree, should be
Sy Kiat, a Chinese national, died in Caloocan City where he was then residing. He left real and required of a foreign custom.
personal properties in the Philippines worth P300,000. Thereafter, Aida Sy-Gonzales, Manuel The law on foreign marriages is provided by Article 71 of the Civil Code which states that:
Sy, Teresita Sy-Bernabe and Rodolfo Sy filed a petition for the grant of letters of Art. 71. All marriages performed outside the Philippines in accordance with the laws in
administration. In said petition they alleged among others that they are the children of the force in the country where they were performed and valid there as such, shall also be valid
deceased with Asuncion Gillego and that they nominate Aida Sy- Gonzales for appointment as in this country, except bigamous, Polygamous, or incestuous marriages, as determined by
administratrix of the intestate estate of the deceased. Philippine law. (Emphasis supplied.) ***
The petition was opposed by Yao Kee, SzeSook Wah,SzeLai Choand SyYun Chen who alleged Construing this provision of law the Court has held that to establish a valid foreign marriage
that Yao Kee is the lawful wife of Sy Kiat whom he married in China in 1931. The oppositors two things must be proven, namely:
are the legitimate children of the deceased with Yao Kee. Sze Sook Wah is the eldest among (6) the existence of the foreign law as a question of fact; and
them and is competent, willing and desirous to become the administratrix of the estate of Sy (7) the alleged foreign marriage by convincing evidence.
Kiat.
Petitioners contend that contrary to the Court of Appeals' ruling they are not duty bound to
Yao Kee testified that she was married to Sy Kiat on January 19, 1931 in Fookien, China; that prove the Chinese law on marriage as judicial notice thereof had been taken by this Court in the
she does not have a marriage certificate because the practice during that time was for elders to case of Sy Joc Lieng v. Sy Quia.
agree on the marriage of their children, and in her case, her elder brother was the one who
contracted or entered into an agreement with the parents of her husband; that during the This contention is erroneous. Well-established in this jurisdiction is the principle that
wedding day, the document is signed only by the parents of the bridegroom as well as by the Philippine courts cannot take judicial notice of foreign laws. They must be alleged and proved
parents of the bride; that the parties themselves do not sign the marriage document; that as to as any other fact. Further, even assuming for the sake of argument that the Court has indeed
the whereabouts of that document, she and Sy Mat were married for 46 years already and the taken judicial notice of the law of China on marriage in the a forecited case, petitioners however
document was left in China and she doubt if that document can still be found now; that it was have not shown any proof that the Chinese law or custom obtaining at the time the Sy Joc Lieng
left in the possession of Sy Kiat's family; that right now, she does not know the whereabouts of marriage was celebrated in 1847 was still the law when the alleged marriage of Sy Kiat to Yao
that document because of the lapse of many years and because they left it in a certain place and Kee took place in 1931 or eighty-four (84) years later.
it was already eaten by the termites; that after her wedding with Sy Kiat, they lived immediately
together as husband and wife, and from then on, they lived together. WHEREFORE, the decision of the Court of Appeals is hereby AFFIRMED.

CFI held in favor of the petitioners and appointed Sze Sook Wah as the administratrix of the
intestate estate of the deceased. On appeal the Court of Appeals rendered a decision modifying

📆
that of the probate court, but still ruled in favor of the petitioners. From said decision both Art. 13. When the laws speak of years, months, days or nights, it shall be understood that years
parties moved for partial reconsideration, which was however denied by respondent court. They are of 365 days each; months, of 30 days; days, of 24 hours; & nights from sunset to sunrise.3
thus interposed their respective appeals to this Court.

ISSUE:
3 Impliedly repealed
If months are designated by their name, they shall be computed by the number of days which Technique of Computation – If filed on June 10 and the defendant is required to answer in 15
they respectively have. In computing a period, the first day shall be excluded, & the last day days just add 15 to the days of the receipt of complaint. Thus, June 25, if not available, the next
included. (7a) working day.
•
Computing the Legal Period If fixed by the court and those concerning public sales and Foreclosures of Mortgages, this rule
• The 1987 Administrative Code has impliedly repealed the Civil Code, according to the will not apply, unless declared a holiday.
case CIR v. Primetown Property Group. It is now computed as follows –
Legal Period CLASS DISCUSSION (M)
Q: In the Primetown case, what is 2 years from Aug. 3?
Year 12 calendar months
A: Aug. 3 1998. One need not check leap years anymore; instead, consider the years in cycles.
Months 30 days, unless it refers to a specific calendar month in which case Q: Can the statutory prescriptive period given for a written contract be modified by the parties
it shall be computed according to the number of days the specific in the contract?
month contains
A: Yes; that is because a contract is a law between the parties.
Day 24 hours
Night From sunrise to sunset CIR V. PRIMETOWN
• Calendar month – a month designated in the calendar without regard to the number of G.R. NO. 162155; AUGUST 28, 2007 CORONA, J.:
days it may contain FACTS:
o The period of time running from the beginning of a certain numbered day up to,
but not including, the corresponding numbered day of the next month, & if there
is not a sufficient number of days in the next month, then up to & including the
last day of that month
o Ex. One calendar month from Dec. 31, 2007 will be from Jan. 1, 2008 to Jan. 31,
2008
o Ex. One calendar month from Jan. 31, 2008 will be from Feb. 1, 2008 until Feb.
29, 2008.
Year
• CASE: Garvida v. Sales – When a person wants to run for SK & the SK provisions in
LGC say that one should be not more than 21 years of age on the day of the election, it
means that the person cannot be 21 years + 1 day old or more on the day of the election.
If his birthday happens to be on the day of the election, he can still run.

Counting Periods
• In counting a period, the first day shall be excluded, while the last day is included
• Ex. If a law is to be effective on the 20 th day from its publication, & publication was
made on Feb. 3, 1998, then the law will be effective on Feb. 23, 1998.

If leap year – February 28 is counted differently from February 29

C.
"The National Health Insurance Act of 1995" (Republic Act No. sufficient number of days in the next month, then up to and including the last day of that
month.” To illustrate, one calendar month from December 31, 2007 will be from January 1,
7875). Section 4 (o) (3) thereof defines a health maintenance
2008 to January 31, 2008; one calendar month from January 31, 2008 will be from February 1,
organization as "an entity that provides, offers, or arranges for 2008 until February 29, 2008.
coverage of designated health services needed by plan members Both Article 13 of the Civil Code and Section 31, Chapter VIII, Book I of the Administrative
for a fixed prepaid premium." Under this law, a health maintenance Code of 1987 deal with the same subject matter — the computation of legal periods. Under the
Civil Code, a year is equivalent to 365 days whether it be a regular year or a leap year. Under
organization is one of the classes of a "health care provide the Administrative Code of 1987, however, a year is composed of 12 calendar months. Needless
to state, under the Administrative Code of 1987, the number of days is irrelevant. But being the
NATIONAL INTERNAL REVENUE CODE (NIRC) more recent law, Section 31, Chapter VIII, Book I of the Administrative Code of 1987, being
the more recent law and having impliedly repealed in its repealing clause all laws inconsistent
ISSUE: therewith, governs the computation of legal periods. Lex posteriori derogat priori.
Filed within 2 year period YES

🇵🇭
Whether the Court of Appeals is correct in referring to Article 13 of the NCC as the basis in the
correct computation of time. NO
HELD:

Art. 14. Penal laws & those of public security & safety shall be obligatory upon all who live or
sojourn in the Philippine territory, subject to the principles of public international law & to
treaty stipulations. (8a)
Obligatory Force of Penal Laws
• Both citizens & foreigners are bound by penal laws & other laws designed to maintain
public security & safety
• The law attaches even if the foreigner is just sojourning in Philippine territory

Exceptions
1. When the foreigner is a diplomatic agent, his person shall be inviolable & he shall not be
liable to any form of arrest or detention (Vienna Convention on Diplomatic Relations)
NO. The Court of Appeals is correct in finding that the petition was filed within the prescriptive • Diplomatic agent – head of the mission or a member of the diplomatic staff of the
period but its basis is should not be the NCC. Article 13 of the Civil Code provides that when mission
the law speaks of a year, it is understood to be equivalent to 365 days. However, in 1987, EO 2. Heads of State officially visiting the Philippines
292 or the Administrative Code of 1987 was enacted. Section 31, Chapter VIII, Book I thereof
provides: Sec. 31. Legal Periods. — “Year” shall be understood to be twelve calendar months;
“month” of thirty days, unless it refers to a specific calendar month in which case it shall be Art. 15. Laws relating to family rights & duties, or to the status, condition, & legal capacity of
computed according to the number of days the specific month contains; “day”, to a day of persons are binding upon citizens of the Philippines, even though living abroad. (9a)
twenty-four hours and; “night” from sunrise to sunset.
Nationality Rule F-S-C-L
A calendar month is “a month designated in the calendar without regard to the number of days it
A. Family rights and duties
may contain.” It is the “period of time running from the beginning of a certain numbered day up
to, but not including, the corresponding numbered day of the next month, and if there is not a
Provided in the Family Code and other special laws relating to family law. Marriage, its Before the foreign law on succession may be invoked, it must appear that the decedent was
annulment, its consequences, which are governed exclusively by the Philippine law wherever vested with a descendible interest in property located in the Philippines.
they may be. •
B. Status Such laws are suited more to his personal affairs.
Status is a term used to designate the circumstances affecting legal situation, sum total of • Ex. If a Filipino initiates a petition abroad to obtain an absolute divorce from his wife
capacities and incapacities of a person in view of his age, nation and his family membership (whether Filipino or foreigner) & successfully gets a divorce, the Philippines will not
(civil status). recognize the divorce, since under Philippine law, the only absolute divorce recognized is
C. Condition that procured by the alien spouse of a Philippine citizen.
A mode or state of being; state or situation; essential quality; status or rank. o In the eyes of Philippine law, the Filipino that gets the divorce abroad is still married. If
D. Legal Capacity he remarries, he is still criminally liable for concubinage (or adultery, if a woman)
The legal power to enter into binding obligations or to enjoy the privileges of a legal status.
Nationality or citizenship theory – the national law of the person is applied in matters involving Art. 16. Real property as well as personal property is subject to the law of the country where it is
personal relations. situated.
Rationale: However, intestate & testamentary successions, both with respect to the order of succession &
1. Testamentary Capacity – make legally effective will to the amount of successional rights & to the intrinsic validity of testamentary provisions, shall
2. Contractual Capacity – enter into a legally binding contract be regulated by the national law of the person whose succession is under consideration,
3. Marital Capacity – enter into a valid marriage. whatever may be the nature of the property & regardless of the country wherein said property
ARTICLE 16 may be found. (10a)
Real property as well as personal property is subject to the law where it is situated.
However, intestate and testamentary successions, both with respect to the order of succession Law Governing Real Properties
and to the amount of successional rights and to the intrinsic validity of testamentary provisions, • General rule: The law of the country where the real property is situated governs the law
shall be regulated by the national law of the person whose succession is under consideration, over such real property
whatever may be the nature of the property and regardless of the country wherein property said • Exception: Intestate & testamentary succession, in which shall be regulated by the national
property may be found. law of the deceased regardless of the nature of the property; in particular, this rule applies
to –
Lex Situs or Lex Rei Sitae 1. The order of succession
Property shall be governed by the law of place where it is situated. It generally applies to lands
and immovables in transactions like sale, lease, barter, mortgage etc. 2. The amount of successional rights
Personal Property now under Lex Situs or Lex Rei Sitae How much goes to who?
Exceptions to Lex Situs (Article 16) [OAIC] 3. The intrinsic validity of the provisions of the will
1. Order of succession in intestacy – which settles questions of preference in succession. 4. Capacity to succeed (Art. 1039, CC)
2. Amount of successional rights – amount which heir should receive from the inheritance.
Heirs may have different status like legitimate or illegitimate and are entitled to different Renvoi Doctrine (referring back)
legitimes or rights. When there is a doubt as to whether a reference to a foreign law is a reference to the internal
3. Intrinsic validity of the provision of the will – effectiveness of the dispositions in the will. law of said foreign law; or a reference to the whole of the foreign law, including its conflict
4. Capacity to succeed – of heirs to inherit in accordance with the national law of the heirs. rules.
• All issues arising from above exception shall be settled or determined in accordance with
the nationality principle [lex nationalii] National Law doctrine v Domiciliary Doctrine
When does the second paragraph of Article 16 apply? Foreigner dies while domicile in the Philippines. Which governs?
It applies only when a legal or testamentary succession has taken place in the Philippines in National law of the foreigner.
accordance with Philippine law, and the foreign law is consulted only in regard to the order of
succession or the extent of successional rights. if alien domisciled in PH then PH law na right?
pero if not living in PH, foreign law prevaiils as her alien natrional law?
  Procedure
Solemnity of contract is the concept that two people shall enter into any contract which they
ATTY GAB: In the case of Vanhorne v. want and that the resulting contract is enforceable if formalities are observed
Dorrance which involves a land previously belonging to Indians. And there were two EXCEPTION: If you conduct them inside consuls in the country.
conflicting deeds disposing the land in question. One executed in Pennsylvania and the other in  Under international laws, the embassies are part of the territory of the country.
Connecticut. The land in dispute was located in Pennsylvania and the Constitution of
Pennsylvania requires that any disposition of these types of land required the concurrence of the Extrinsic Validity
state of Pennsylvania. But the contract executed in Connecticut was confirmed by the Congress • Forms & solemnities of public instruments, wills, & contracts are governed by the laws of
of Connecticut. The main issue is whether it the confirmation by the Congress of the country where they are executed
Connecticut of the contract executed in Connecticut validates the contract. The U.S. Supreme • Ex. If in Japan, for a holographic will to be valid, the date need not be in the handwriting
Court said that the Constitution is the work or the will of the people themselves in their original of the testator, that will is valid in the Philippines even if under Philippine law, all contents
sovereign and unlimited capacity. While the law, on the other hand, is the work or the will of of a holographic will, including the date, must be in the testator’s handwriting
the legislature in its derivative or subordinated capacity. Acts Before Diplomatic & Consular Officials
The one is the work of the creator and the other, the creature. So the Constitution fixes the limits • Any act or contract made in a foreign country before Philippine diplomatic & consular
of the legislative authority and prescribes the orbit within which it must move. In short, the officials must conform to the solemnities under Philippine law
Constitution is the sun of the political system around which all legislative, executive, and j
o Under international law, the host country waives its jurisdiction over the premises of
udicial bodies must revolve. The Constitution is the center of gravity. All governmental acts
the diplomatic office of another country located in the said host country
must revolve around the constitution. Any governmental act that does not conform to the
• THUS: The issuance of the marriage license, the duties of the local civil register, & the
Constitution shall be stricken off from the legal system. The Constitution of a State is stable and
duties of the solemnizing officer as regards celebrating marriage shall be performed by a
permanent, not to be worked upon by the temper of the times, nor to rise and fall with the tide of
consul-general, consul, or vice-consul abroad
events; notwithstanding the competition of opposing interests, and the violence of contending
Prohibitive Laws
parties, it remains firm and immovable as a mountain amidst the strife of storms, or a rock in the
• Ex. Considering that the only ways to terminate a marriage in the Philippines are through
ocean amidst the raging of the waves. But our very own Supreme Court disagreed. Our own
the grounds exclusively enumerated in the Family Code, any Filipino who procures an
Supreme Court said that yes the Constitution should be stable but a constitution should not
absolute divorce abroad remains, in Philippine law, married
stand still. So the Constitution must be able to provide for every contingency. The Constitution
must always be relevant.
VAN DORN V. ROMILLO, JR.
G.R. NO. L-68470; OCTOBER 8, 1985 MELENCIO-HERRERA, J.:
Art. 17. The forms & solemnities of contracts, wills, & other public instruments shall be
FACTS:
governed by the laws of the country in which they are executed.
Petitioner Alice Reyes Van Dorn is a citizen of the Philippines while private respondent Richard
When the acts referred to are executed before the diplomatic or consular officials of the
Upton is a citizen of the United States. They were married in Hongkong in 1972. In 1982 they
Republic of the Philippines in a foreign country, the solemnities established by Philippine laws
were divorced in Nevada, USA. Petitioner re-married in Nevada, this time to Theodore Van
shall be observed in their execution.
Dorn.
Prohibitive laws concerning persons, their acts or property, & those which have for their object
In 1983, private respondent filed suit against petitioner in the RTC of Pasay City stating that
public order, public policy, & good customs shall not be rendered ineffective by laws or
petitioner Alice's business in Ermita, Manila, the Galleon Shop, is their conjugal property and
judgments promulgated, or by determinations or conventions agreed upon in a foreign country.
that private respondent be declared with right to manage the conjugal property.
(11a)
Petitioner moved to dismiss the case on the ground that the cause of action is barred by previous
judgment in the divorce proceedings before the Nevada Court wherein respondent had
acknowledged that he and petitioner had "no community property". The Court below denied the
Motion to Dismiss on the ground that the property involved is located in the Philippines so that
Solemnity of contract is the concept that two people shall enter into any contract which they the Divorce Decree has no bearing in the case.
want and that the resulting contract is enforceable if formalities are observed. Also, there exist Petitioner contends that respondent is estopped from laying claim on the alleged conjugal
no defenses. Such contracts should be enforceable as well as respected. property because of the representation he made in the divorce proceedings. Respondent on the
 How to file other hand maintain that, the divorce is not valid and binding in this jurisdiction, the same being
 Kailaingan ba may seal contrary to local law and public policy.
ISSUE: Under Article 344 of the Revised Penal Code, the crime of adultery cannot be prosecuted except
What is the effect of the foreign divorce on the parties and their alleged conjugal property in the upon a sworn written complaint filed by the offended spouse. Corollary to such exclusive grant
Philippines? of power to the offended spouse to institute the action, it necessarily follows that such initiator
HELD: must have the status, capacity or legal representation to do so at the time of the filing of the
The divorce decree is binding on private respondent as an American citizen. For instance, criminal action. Hence, after a divorce has been decreed, the innocent spouse no longer has the
private respondent cannot sue petitioner, as her husband, in any State of the Union. right to institute proceedings against the offenders. Where, however, proceedings have been
It is true that owing to the nationality principle embodied in Article 15 of the Civil Code, only properly commenced, a divorce subsequently granted can have no legal effect on the
Philippine nationals are covered by the policy against absolute divorces the same being prosecution of the criminal proceedings.
considered contrary to our concept of public police and morality. However, aliens may obtain In the present case, the fact that Geiling obtained a valid divorce in his country, the Federal
divorces abroad, which may be recognized in the Philippines, provided they are valid according Republic of Germany, is admitted. Said divorce and its legal effects may be recognized in the
to their national law. In this case, the divorce in Nevada released private respondent from the Philippines insofar as private respondent is concerned in view of the nationality principle in our
marriage from the standards of American law, under which divorce dissolves the marriage. civil law on the matter of status of persons.
Thus, pursuant to his national law, private respondent is no longer the husband of petitioner. He Therefore, Geiling, being no longer the husband of petitioner, had no legal standing to
would have no standing to sue in the case below as petitioner's husband entitled to exercise commence the adultery case.
control over conjugal assets. As he is bound by the Decision of his own country's Court, which
validly exercised jurisdiction over him, and whose decision he does not repudiate, he is SAN LUIS V. SAN LUIS
estopped by his own representation before said Court from asserting his right over the alleged G.R. NO. 133743; FEBRUARY 6, 2007 YNARES-SANTIAGO, J.:
FACTS:
conjugal property.
Felicisimo San Luis contracted three marriages during his lifetime. His first marriage was with
Virginia Sulit. The couple had 6 children: Rodolfo, Mila, Edgar, Linda, Emilita and Manuel.
PILAPIL V. IBAY-SOMERA Virginia died and five years later, Felicisimo married Merry Lee Corwin and had Tobias. Merry
G.R. NO. 80116; JUNE 30, 1989 REGALADO, J: Lee, an American citizen, therafter obtained a Decree Granting Absolute Divorce against
FACTS: Felicisimo from the Family Court of the First Circuit, State of Hawaii, United States of
Petitioner Imelda Manalaysay Pilapil, a Filipino citizen, was married to private respondent America.
Erich Geiling (Geiling), a German national, in Germany. Geiling obtained a divorce in a Consequently, Felicisimo married respondent Felicidad San Luis at Wilshire Boulevard, Los
German court on the ground of failure of marriage. Angeles, California, U.S.A. After 18 years, Felicisimo died. Felicidad San Luis then sought the
More than five months after the issuance of the divorce decree, Geiling filed two complaints for dissolution of their conjugal partnership assets and the settlement of Felicisimo’s estate.
adultery against petitioner alleging that, she had an affair with two different men while their Felicidad San Luis filed a petition for letters of administration before the Regional Trial Court
marriage subsisted. of Makati City.
Petitioner filed a motion to quash on the main ground that the court is without jurisdiction to try Petitioner Rodolfo San Luis, one of the children of Felicisimo by his first marriage, filed a
and decide the charge of adultery, which is a private offense that cannot be prosecuted de motion to dismiss on the grounds of improper venue and failure to state a cause of action.
officio, since the complainant, a foreigner, does not qualify as an offended spouse having Rodolfo claimed that the petition for letters of administration should have been filed in the
obtained a final divorce decree prior to the filing of the criminal complaint. However, the said Province of Laguna because this was Felicisimo’s place of residence prior to his death; Felicis
motion was denied by the respondent judge. imo being then the Laguna Governor. He further claimed that respondent Felicidad San Luis has
Hence, petitioner filed a special civil action for certiorari and prohibition, with a prayer for a no legal personality to file the petition because she was only a mistress of Felicisimo since the
temporary restraining order, seeking the annulment of the order of the lower court denying her latter, at the time of his death, was still legally married to Merry Lee.
motion to quash. Felicidad San Luis submitted documentary evidence showing that while Felicisimo exercised
ISSUE: the powers of his public office in Laguna, he regularly went home to their house in New
Whether or not an alien spouse has legal standing to file a complaint for adultery after obtaining Alabang Village, Alabang, Metro Manila. Further, she presented the decree of absolute divorce
a divorce decree issued by the Family Court of the First Circuit, State of Hawaii to prove that the marriage of
HELD: Felicisimo to Merry Lee had already been dissolved. Thus, she claimed that Felicisimo had the
No, an alien spouse has no legal standing to file a complaint for adultery after obtaining a legal capacity to marry her by virtue of paragraph 2, Article 26 of the Family Code and the
divorce decree. doctrine laid down in Van Dorn v. Romillo, Jr.
Linda, Rodolfo and herein petitioner Edgar San Luis, separately filed motions for 3. YES. Even assuming that Felicisimo was not capacitated to marry respondent in 1974,
reconsideration from the Order denying their motions to dismiss. They asserted that paragraph nevertheless, the Court found that the latter has the legal personality to file the subject petition
2, Article 26 of the Family Code cannot be given retroactive effect to validate respondent’s for letters of administration, as she may be considered the co-owner of Felicisimo as regards the
bigamous marriage with Felicisimo because this would impair vested rights in derogation of properties that were acquired through their joint efforts during their cohabitation.
Article 256 of the Family Code considering that Felicidad’s marriage to Felicisimo was In the instant case, respondent would qualify as an interested person who has a direct interest in
solemnized on June 20, 1974, or before the Family Code took effect on August 3, 1988. the estate of Felicisimo by virtue of their cohabitation, the existence of which was not denied by
ISSUES: petitioners. If she proves the validity of the divorce and Felicisimo’s capacity to remarry, but
1. Whether venue was properly laid fails to prove that her marriage with him was validly performed under the laws of the U.S.A.,
2. Whether a Filipino who is divorced by his alien spouse abroad may validly remarry then she may be considered as a co-owner under Article 144 of the Civil Code. This provision
under the governs the property relations between parties who live together as husband and wife without
Civil Code the benefit of marriage, or their marriage is void from the beginning. It provides that the
3. Whether San Luis has legal capacity to file the subject petition for letters of property acquired by either or both of them through their work or industry or their wages and
administration salaries shall be governed by the rules on co-ownership.
HELD: Meanwhile, if respondent fails to prove the validity of both the divorce and the marriage, the
1. YES. Under Section 1, Rule 73 of the Rules of Court, the petition for letters of administration applicable provision would be Article 148 of the Family Code which has filled the hiatus in
of the estate of Felicisimo should be filed in the Regional Trial Court of the province "in which Article 144 of the Civil Code by expressly regulating the property relations of couples living
he resides at the time of his death." It is incorrect for petitioners to argue that "residence," for together as husband and wife but are incapacitated to marry.
purposes of fixing the venue of the settlement of the estate of Felicisimo, is synonymous with Therefore, Felicidad’s legal capacity to file the subject petition for letters of administration may
"domicile." The rulings in Nuval and Romualdez are inapplicable to the instant case because arise from her status as the surviving wife of Felicisimo or as his co-owner under Article 144 of
they involve election cases. Needless to say, there is a distinction between "residence" for the Civil Code or Article 148 of the Family Code.
purposes of election laws and "residence" for purposes of fixing the venue of actions. In
election cases, "residence" and "domicile" are treated as synonymous terms, that is, the fixed Art. 18. In matters which are governed by the Code of Commerce & special laws, their
permanent residence to which when absent, one has the intention of returning. However, for
deficiency shall be supplied by the provisions of this Code. (16a)
purposes of fixing venue under the Rules of Court, the "residence" of a person is his personal,
actual or physical habitation, or actual residence or place of abode, which may not necessarily
Suppletory Nature
be his legal residence or domicile provided he resides therein with continuity and consistency.
• Deficiencies in the Code of Commerce & special laws are supplied by the Civil Code
Hence, it is possible that a person may have his residence in one place and domicile in another.
Consequently, the subject petition for letters of administration was validly filed in the Regional
Trial Court of Makati which has territorial jurisdiction over Alabang, Muntinlupa. CLASS DISCUSSION (M)
2. YES. In resolving this issue, the Court need not retroactively apply the provisions of the Q: Is the suppletory application of the Civil Code, in accordance with Art. 18, an absolute rule?
Family Code, particularly Art. 26, par. (2) considering that there is sufficient jurisprudential A: No, there are exceptions, as shown in Dole Philippines v. Maritime Co.
basis allowing them to rule in the affirmative.
Art. 26 of Civil Code provides: CHAPTER 2. Human Relations
All marriages solemnized outside the Philippines in accordance with the laws in force in the
country where they were solemnized, and valid there as such, shall also be valid in this country, Art. 19. Every person must, in the exercise of his rights & in the performance of his duties, act
except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38. with justice, give everyone his due, & observe honesty & good faith.
Where a marriage between a Filipino citizen 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 Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another,
Filipino spouse shall have capacity to remarry under Philippine law. shall indemnify the latter for the same.
Paragraph 2 of Article 26 traces its origin to the 1985 case of Van Dorn v. Romillo, Jr. The Van
Dorn case involved a marriage between a Filipino citizen and a foreigner. The Court held Art. 21. Any person who willfully causes loss or injury to another in manner that is contrary to
therein that a divorce decree validly obtained by the alien spouse is valid in the Philippines, and morals, good customs or public policy shall compensate the latter for the damage.
consequently, the Filipino spouse is capacitated to remarry under Philippine law.
As such, the Van Dorn case is sufficient basis in resolving a situation where a divorce is validly
obtained abroad by the alien spouse. phi1.net
Damnum absque injuria –– damage resulting from the legitimate exercise of a person’s rights is Ex. A seduces the 19-year-old daughter of X. A promise of marriage has not
a loss without injury for which the law gives no remedy. In other words, one who merely been made or provide. The daughter becomes pregnant. Under present laws,
exercises one’s rights does no actionable injury and cannot be held liable for damages. there is no crime, as the girl is above 18. Neither is there any civil action for
 the legitimate exercise of a person’s rights, even if it causes loss to another, does not breach of promise to marriage. However, there is some grievous moral
automatically result in an actionable injury. wrong involved.
 The law does not prescribe a remedy for the loss. § Elements:
2 Exceptions: (1) There is act which is legal
 when there is an abuse of a person’s rights (2) But which is contrary to morals, good custom, public order, or
 when the exercise of this right is suspended or extinguished pursuant to a court public policy
order. (3) It is done with intent to injure
• Good faith is presumed, & he who alleged bad faith must prove the same.
o Good faith – the intention to abstain from taking an unconscionable &
Abuse of Right Doctrine unscrupulous advantage of another
 In the availment of one’s rights, one must act with justice, give others their due, and o Bad faith – involves malice; a breach of known duty due to some motives or
observe honesty and good faith interest or ill-will that partakes the nature of fraud
 A right, though by itself legal because recognized or granted by law as such, may Art. 19 v. Art. 20 v. Art. 21
nevertheless become the source of some illegality. Art. 19 how to act Art. 20 law-indemnify Art. 21 M, GC, PP- compensate
 When a right is exercised in a manner which does not conform with the norms An act which causes injury to another may be the basis for an award of damages.
enshrined in Article 19 and results in damage to another, a legal wrong is thereby Act is intentional Act may be done willfully or Act is intentional
committed for which the wrongdoer must be held responsible negligently
 If mere fault or negligence in one’s acts can make him liable for damages for injury A (1) legal right or duty is (2) Willfully or negligently causing There is a legal act done, in a
exercised in bad faith (3) for the damage to another way that is contrary to morals,
caused thereby, with more reason should abuse or bad faith make him liable. The
sole intent of prejudicing or good custom, public order, or
absence of good faith is essential to abuse of right. injuring another public
• Art. 19, 20, & 21 deal with the “abuse of right” doctrine policy
o Art. 19 – provides a rule of conduct consistent with an orderly & harmonious Lays down the rule of conduct general sanction for all other deals with acts contra bonus
relationship between & among men & women; it condifies justice & fair play for the government of human provisions of law which do not mores
§ Given Art. 19, a right, though by itself legal, may nevertheless becomes relations and for the maintenance especially provide for their own
the source of illegality of social order BUT does not sanction.
provide a remedy for its violation
Ex. A debtor can be liable under Art. 19 for disposing of its property – a
perfectly legal act – in order to escape the reach of a creditor
Ex. A principal is liable under Art. 19 for terminating the agency – a CASE: Llorente v. Sandiganbayan – Unfair treatment
perfectly legal act – when the termination deprives the agent of his A person can be liable for an act though it may be perfectly legal.
legitimate business Facts: A particular government employee, Mr. Curio, was singled out by the deputy
§ Elements of the abuse of right doctrine under Art. 19: administrator (DA) & strictly subjected to the rules for obtaining benefits after retirement while
(1) There is a legal right or duty similarly situated employees were liberally granted their benefits.
(2) Which is exercised in bad faith Held: SC granted damages to Mr. Curio for the acts of the DA. It held that the fact that the DA
(3) For the sole intent of injuring another was not motivated by ill-will would not be a defense.
o Art. 20 – the general sanction for all provisions of the law which do not provide for
their own sanction CASE: PNB v. CA - Bribery
o Art. 21 (also known as contra bonus mores) – designed to fill IN gaps in the Though a person may not have acted criminally, he may nevertheless undertake acts which
injure another; Art. 21 was intended to expand the concept of torts in this jurisdiction by
statutes, which leave so many victims of moral wrongs helpless, though the have
granting adequate legal remedy for the untold number of moral wrongs which is impossible for
actually suffered material & moral injury;
human foresight to specifically provide in statutes.
presupposes loss or injury
Facts: A sugar quota was mortgaged to the PNB & a lease of such sugar quota allotment made • General Rule: A breach of promise to marry is not actionable.
by the debtor to a third person required PNB’s consent. The responsible officers of PNB, • Exception: Fraud or deceit.
however, told the lessor & lessee that PNB would approve the lease if the amount thereof was o Ex: When man professes his intent to marry in order to induce the woman to
increased from P2.50 to P2.80 per picule. The lessor & lessee agreed to increase the price. having sexual relations with him.
Despite this, the PNB Board of Directors twice turned down the deal because it wanted to raise • BUT: To formally set a wedding & spend for the preparations & publicity, only to walk
the amount once more to P3.00. Ultimately, the lessee lost P2,800 & failed to utilize her sugar out of it when the matrimony is about to be solemnized, is unjustifiable & gives rise to an
quota. action for damages under Art. 21. Wassmer v Velez
Held: SC made PNB liable for its unreasonableness, given that there was only a P2 difference
between the sum the PNB Board insisted upon & that offered by the lessor & lessee. There was Abuse of Right & Sex
no reasonable basis for the PNB Board to reject the lessee, particularly since the PNB knew the • A married man forcing a woman not his wife to yield to his lust violates Art. 21.
agricultural year was about to expire. • Where a man’s promise to marry is the proximate cause of a woman agreeing to give up
her virginity for him, proof that, in reality, he never wanted to marry her, & the promise
was only a subtle scheme to entice her to have sex, justifies an award under Art. 21
because it was fraudulent & deceitful, constituting moral seduction.
• BUT: No damages can be recovered if the sex was a product of voluntariness & mutual
Further Examples
desire.
Selling a fake title of land to a second person
o Thus, if a 28-year-old woman admits attraction for a man & has sex with him
• X sells a parcel of land to Y, thereby transferring the title to Y. Subsequently, however, X
voluntarily despite learning he was married, she cannot subsequently sue him for
claims & misrepresents that the title to the land was lost in WW2. X is able to get a
damages.
second title & sells the property to a third person, Z. X is liable under Arts. 19-21.

Diverting water supply- not illegal but contrary to M, GC, PP [19.2.3] When Woman Was Forcibly Abducted And Raped:
• X withheld irrigation water from Y so that Y & his fellow farmers would vacate their Where the man forcibly abducted a woman and had carnal knowledge
landholdings. The unjustified diversion of water was held to be a violation of Art. 21. with her against her will, and thereafter promised to marry her in order to escape criminal
liability, only to thereafter reneged on such promise after cohabiting with her for twenty-one
Persuading someone to violate their contract. days, such acts irremissibly constitute acts contrary to morals and good customs. These are
• Any third person who induces another to violate his contract is liable to damages to the grossly insensate and reprehensible transgressions which indisputably warrant and abundantly
contracting party under Arts. 20 & 21. justify the award of moral and exemplary damages, pursuant to Article 21 in relation
Article 1170 of the Civil Code states that those guilty of fraud, delay, or negligence, in the to paragraphs 3 and 10, Article 2219, and Articles 2229 and 2234 of the Civil Code.
performance of their obligations, or those who, in any way, contravene the tenor of their
obligations can be held liable for damages. CLASS DISCUSSION (M)
Q: Can you comply with the law and still be held liable?
Drivers hold operations in protest A: Yes, under the abuse of right doctrine.
• A group of drivers protesting the policies of a transportation company can be made liable, Q: Is charging unconscionable interest rates against the law?
despite having a constitutional right to redress their grievances, where they violate the A: NO. But charging unconscionable interest rates are immoral, and therefore void. It is contra
right of the transport company to operate its services in its routes, as when the group of bonus mores.
drivers forcibly takes over the motor units & personnel of the company for 10 days
without authority from the proper government authority. MALISCIOUS PROSECUTION— instituting legal action against another party with malicious
intent. Basis of Action:
Deprivation of due process One cannot be held liable in damages for maliciously instituting a prosecution where he acted
• A clothing company suspects X, employee of Y, of stealing clothes. The clothing with probable cause.
company sends Y a demand letter making outright accusations despite evidence showing Must both exist in order to justify a suit for malicious prosecution:
there was a possibility that payment was made. This was a violation of Arts. 19, 20 & 21. 1. Malice
2. Want of probable cause
Breach of Promise to Marry Wassmer v Velez
3 Requisites of Malicious Prosecution (2) Defendant is enriched
In order for the malicious prosecution suit to prosper, the plaintiff must prove: (3) Defendant enriched because of delivery/payment without legal or just cause
(1) the fact of the prosecution and the further fact that the defendant himself was the (4) Defendant has obligation to return what is unduly delivered
prosecutor, and that the action was finally terminated with an acquittal; (5) Objective: to prevent unjust enrichment
(2) that in bringing the action the prosecutor acted without probable cause; and There is mistake in payment. Not necessary to have mistake in payment.
(3) that the prosecutor was actuated or impelled by legal malice that is improper or something is received when there is no An action for recovery of what has been
sinister motive. right to demand it, and it was unduly paid or delivered without just cause or
delivered through mistake, obligation to legal ground.
Art. 22. Every person who through an act of performance by another, or any other means, return it arises. (Art 2154)
acquires or comes into possession of something at the expense of the latter without just or legal (1) a payment is made where no binding May exist a relation between payor and
ground, shall return the same to him. relation between the payor, who has no person who received the payments
duty to pay, and the person who received
Art. 23. Even when an act or event causing damage to another's property was not due to the fault the payment; and (2) the payment is made Property is acquired illegally.
or negligence of the defendant, the latter shall be liable for indemnity if through the act or event through mistake and not through liberality
he was benefited. or some other cause.
Also Prevents Unjust Enrichment
• Ex. Without A’s knowledge, a flood drives his cattle to the cultivated highland of B. A’s Q: What is the remedy for undue payment by reason of mistake of law that is not doubtful nor
cattle are saved, but B’s crop are destroyed. In this case, though A was not at fault, he difficult.
benefited. Thus, A must indemnify B. A: AIRV.

ACCION IN REM VERSO CASE: Obana v. CA

accion in rem verso— An action for recovery of what has been paid or delivered without just No one shall unjustly enrich himself at the expense of another by holding on to property no
cause or legal ground. longer belonging to him.
 If a person acquires or comes into possession of something at the expense of another Facts: Buyer 1 bought 170 cavans of palay from the seller. Though Buyer 1 had yet to fully pay,
without just or legal ground through an act or of performance by another or any other he sold & delivered the palay to Buyer 2. Buyer 2 later learned that the palay was only partially
means has the obligation to return the same. paid for, & Buyer 2 was reimbursed by Buyer 1 for the difference. But Buyer 2 never delivered
Requisites the palay back to the seller.
(1) the defendant has been enriched; Held: Having been repaid the purchased price by Buyer 1, the sale, as between Buyer 1 & 2, had
(2) the plaintiff has suffered a loss been voluntarily rescinded, hence divesting Buyer 2 of any claim to the rice.
(3) the enrichment of the defendant is without just or legal ground Buyer 2 should thus return the rice to the seller.
(4) that the plaintiff has no other action based on contract, quasicontract, crime or quasi-
delict. CASE: Pacific Merchandising Co. v. Consolacion Insurance & Surety Co. Facts: The receiver
*merely an auxiliary action of certain properties, without approval of the court which appointed him as receiver, entered
into an indemnity agreement whereby he bound himself as principal to the obligations of the
ACCION IN REM VERSO IS NOT SOLUTIO INDEBITI corporation under receivership. A creditor then sought payment of construction materials &
SI – quasi contracr AIRV improvements made on a theater owned by the corporation under receivership. But the received
refused to pay, on the ground that in another court case the theater was adjudicated to belong to
Unjust Enrichment —No person can unduly profit on something which does not
the receiver, not the corporation under receivership.
meritoriously belong to him or her. Payment when no duty to pay, receipt when no right to
Held: The owner-receiver must reimburse the creditor for the cost of improvements, as he
receive.
benefited from it. Where one has rendered services to another, & these services are accepted by
(1) Person is unjustly benefited
the latter, in the absence of proof that the service was done gratuitously, it is but just that he
(2) Benefit is derived at the expense or with damages to another
should pay a reasonable remuneration therefor.
(1) Plaintiff suffers a loss
CASE: Republic v. Ballocanog
Facts: A person, in good faith, invested money to develop & grow fruit-bearing trees on land. CASE: Sps. Domingo v. Astorga
Later, it was discovered that the land was actually property of the State. Held: SC recognized Facts: One of the parties claimed to be disadvantaged by a contract. Yet the parties executed the
that the land as State property, but ordered the State to pay the person the value of the actual contract, implemented it for a lengthy period of time, & benefited from the contract. There were
improvements made. also no ambiguous provisions in the contract.
Held: The party is not disadvantaged, since it was proven that the parties undertook lengthy
LIABILITY W/O FAULT OR NEGLIGENCE negotiations before the contract was finalized. Also, the party was good in business.
Yes, there can be liability even when the event producing loss to others may be accidental or
fortuitous, so long as another person is benefited through such event or act. Art. 25. Thoughtless extravagance in expenses for pleasure or display during a period of acute
Example: Without A’s knowledge, a flood drives his cattle to the cultivated highland of B. A’s public want or emergency may be stopped by order of the courts at the instance of any
cattle are saved, but B’s crop is destroyed. True, A was not at fault, but he was benefited. It is government or private charitable institution.
but right and equitable that he should indemnify B. 2 Requisites for thoughtless extravagance:
(1) there must be an acute public want or emergency;
BASIS OF LIABILITY (2) the person seeking to stop it must be a government or private charitable institutions.
involuntary act or an act which though foreseen could not have been avoided. An involuntary Extravagance During Emergency
act, because of its character cannot generally create an obligation; but when by such act its • Note that the law explicitly provides which entities have legal standing to seek an
author has been enriched, it is only just that he should indemnify for the damages caused, to injunction: any government or private charitable institution ‘
the extent of his enrichment.
Examples:
Art. 24. In all contractual, property or other relations, when one of the parties is at a  In 2008, Baguio City suspended the issuance of permits for motorcades along its
disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, roads, citing the a Civil Code provision against splurging during critical times. In
tender age, or other handicap, the courts must be vigilant for his protection. 2002, a court in Nueva Vizcaya issued a “temporary restraining order (TRO)
preventing the Sangguniang Panlalawigan members from buying 13 luxury
COURT’S DUTY OF PROTECTING THE DISADVANTAGED vehicles” for their own individual use, citing the same Civil Code provision.
Article 24 of the Civil Code calls on the court to be vigilant in the protection of the rights of  Ferdinand Marcos actually used this provision when he issued an order prohibiting
those who are disadvantaged in life. It is supplemented by Article 1332 of the Civil Code which elective local officials from holding lavish fiestas and social gathering (General
provides: “When one of the parties is unable to read, or if the contract is in a language Order No. 15, 1972)
not understood by him, and mistake or fraud is alleged, the person enforcing the contract must
show that the terms thereof have been fully explained to the former.”
CLASS DISCUSSION (M)
LEGISLATIVE INTENT OF ARTICLE 24 Q: Mt. Pinatubo exploded. I wanted to throw a party anyway. My heavily affected neighbors
The law intended to protect both those who are found weak and uneducated who may have been wanted to sue me for being too extravagant in time of calamity. Can my neighbors stop me?
taken advantage of by unscrupulous persons or those who may have used undue influence in A: NO. Only a government or private charitable institution can stop me.
entering into agreements.
Art. 26. Every person shall respect the dignity, personality, privacy, & peace of mind of
CASE: De Lima v. Laguna
his neighbors and other persons. The following and similar acts, though they may not
Facts: The pauper litigants were the aggrieved parties in a collision case. They appealed the
constitute a criminal offense, shall produce a cause of action for damages, prevention and
decision of the lower court to the Court of Appeals on some points of law not on the question of
other relief:
interest that should be awarded to them. Before SC, they pointed out new matters which they
(1) Prying into the privacy of another's residence;
did not point out before the Court of Appeals, which is generally not allowed by remedial law.
(2) Meddling with or disturbing the private life or family relations of another;
Held: SC adopted a liberal stance. It took into consideration the fact that, at the Court of
(3) Intriguing to cause another to be alienated from his friends;
Appeals stage, the pauper litigants – heirs of the victim in the traffic accident – did not appeal
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life,
because they hoped that the transportation company would pay the damages awarded by the
place of birth, physical defect, or other personal condition.
lower court; yet the company instead appealed to the Court of Appeals, delaying the case which
had already been running for 30 years. SC took this as a dilatory tactic on the part of the
transportation company.
If the statutes insufficiently protect a person from being unjustly humiliated, in short, if human obloquy and disrepute upon another by reason of the latter's religion.
personality is not exalted –– then the laws are indeed defective. Under this article, the rights of (Commission Report, p. 33)
persons are amply protected, and damages are provided for violations of a person’s dignity,
personality, privacy and peace of mind. 2. Remedies
CASE: RCPI v. Verchez a. An action for damages
Facts: A family in Sorsogon sent a telegram to a family member in Manila, seeking money for b. An action for prevention
their ailing mother. The telegram company was negligent in failing to send the telegram & not c. Any other relief
immediately informing the family of the delay. There was a filial disturbance which resulted
from this failure, with the siblings blaming one another for failing to respond to the emergency Art. 27. Any person suffering material or moral loss because a public servant or employee
of their mother. refuses or neglects, without just cause, to perform his official duty may file an action for
Held: SC awarded damages based on Art. 26 (2) – the disturbance of the peace of mind of the damages & other relief against the latter, without prejudice to any disciplinary administrative
family. action that may be taken.

CASE: Hing v. Choachuy GENERAL RULE

Facts: A neighbor installed video surveillance cameras directed on a neighboring business office Public officer is not personally liable to acts within their official duties but suffering
without the consent of the latter’s owner. material/moral loss or rejection of service can be ground for disciplinary administrative action.
Held: This is a violation of the right to privacy under Art. 26 (1). The owner had the right to Exception: Article 27 does not cover all cases of official wrongs. It is limited to refusal or
exclude the public or deny them access. neglect to perform official duties. This article does not cover malfeasance and misfeasance,
but only nonfeasance.
CLASS DISCUSSION (M)
Malfeasance occurs when the act is intentional
Q: A went to the red light district, paid a prostitute, & was caught having sex with the prostitute
misfeasance is completed accidentally.
by the husband’s wife. Can the wife file a case invoking Art. 26 (2) in the Civil Code, against
Nonfeasance is a failure to act when action is required.
the prostitute?
A: NO. Because the prostitute did not meddle or disturb. The prostitute was the PURSUED,
Requisites for action:
rather than the pursuer.
(1) the defendant be a public official charged with the performance of official duties
Q: What is the recourse of the wife?
(2) That there be a violation of an official duty in favor of an individual
A: It can still fall under Art. 20, given that prostitution is vagrancy under the RPC.
(3) That there be wilfulness or negligence in the violation of such official duty
(4) That there be an injury to the individual.
Examples:
(1) Prying into the privacy of another's residence;
MALICE OR INEXCUSABLE NEGLIGENCE
a. Neighbor installing a CCTV overlooking my garden/backyard without my
Article 27 presupposes that the refusal or omission of a public official is attributable to malice
knowledge
or inexcusable negligence
(2) Meddling with or disturbing the private life or family relations of another;
a. Thus a girl who makes love to a married man, even if there be no carnal
Relief Against Public Officials
relations, disturbs his family life, and damages may therefore be asked of
her. Intriguing against another's honor is also included. • A public official is supposed to be an agent or at least a representation of government
(3) Intriguing to cause another to be alienated from his friends; • The law exerts on said officials a duty to be very vigilant & just so that the public is
a. includes gossiping, and reliance on hearsay. Rumor-mongering ensured that the government is truly effective in serving their needs
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, • A public officer who commits a tort or other wrongful act done in excess of beyond the
place of birth, physical defect, or other personal condition. scope of his duty, is not protected by his office, & is personally liable to affected private
a. includes criticism of one's health or features without justifiable legal cause. individuals
(138 A.L.R. 25) Religious freedom does not authorize anyone to heap • Examples:
 o The president of a state college, in bad faith & despite the decision & directives of a. Force, intimidation, deceit, machination, unjust or oppressive or high-
the Office of the Bureau of Public Schools, refused to graduate a student with handed method
honors, even if the student honestly deserved them. The student was awarded
damages. (Ledesma v CA) Art. 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt
o A register of deeds assists in the fraudulent procurement of a certificate of title in has not been proved beyond reasonable doubt, a civil action for damages for the same act
violation of the Land Registration Act, damages may be awarded under Art. 27. or omission may be instituted. Such action requires only a preponderance of evidence. Upon
o A chief of police is liable for his failure to give assistance to the complainants, motion of the defendant, the court may require the plaintiff to file a bond to answer for damages
though it was his official duty to do so as an officer of the law. in case the complaint should be found to be malicious.
o A mayor is personally liable for illegally dismissing policemen even if the If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so
mayor has relinquished his position. declare. In the absence of any declaration to that effect, it may be inferred from the text of the
decision whether or not the acquittal is due to that ground.
Art. 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor
through the use of force, intimidation, deceit, machination or any other unjust, oppressive or DELICT AS SOURCE OF CIVIL LIABILITY
highhanded method shall give rise to a right of action by the person who thereby suffers Under Article 1157(4) of the Civil Code, delict or crime is one of the sources of obligations.
damage. The general rule is that “every person criminally liable for a felony is also civilly liable.”
The goal is not to prevent competition but the unjust oppressice high handed methods which
deprive others of a chance to engage om business and earn a living. BASIS OF CIVIL LIABILITY ARISING FROM CRIME
UNFAIR COMPETITION—employment of deception or any other means contrary to good “[e]very man criminally liable is also civilly liable. “Underlying this legal principle is the
faith by which he shall pass off the goods manufactured by him or in which he deals, or his traditional theory that when a person commits a crime he offends two entities:
business, or services for those of the one having established such goodwill, or who shall commit (1) the society in which he lives in or the political entity called the State whose law he
any acts calculated to produce said result. had violated; and
“Sec. 168.3. In particular, and without in any way limiting the scope of protection against unfair (2) the individual member of that society whose person, right, honor, chastity or property
competition, the following shall be deemed guilty of unfair competition: was actually or directly injured or damaged by the same punishable act or omission.
(1) Any person, who is selling his goods and gives them the general appearance of ACQUITTAL OF THE ACCUSED
goods of another manufacturer or dealer, either as to the goods themselves or in Since a person criminally liable is also civilly liable, does his acquittal in a criminal case mean
the wrapping of the packages in which they are contained, or the devices or words extinction of his civil liability? NO, UNLESS CIVIL ACTION comes from act that did not
thereon, or in any other feature of their appearance, which would be likely to exist.
influence purchasers to believe that the goods offered are those of a manufacturer or Section 2 of Rule 111 of the Revised Rules of Criminal Procedure emphatically provides:
dealer, other than the actual manufacturer or dealer, or who otherwise clothes the The extinction of the penal action does not carry with it extinction of the civil action. However,
goods with such appearance as shall deceive the public and defraud another of his the civil action based on delict shall be deemed extinguished if there is a finding in a judgment
legitimate trade, or any subsequent vendor of such goods or any agent of any vendor in the criminal action that the act or omission from which the civil liability may arise did not
engaged in selling such goods with a like purpose; exist
(2) Any person who by any artifice, or device, or who employs any other means
calculated to induce the false belief that such person is offering the service of Article 29 presupposes that:
another who has identified such services in the mind of the public; or (1) the private offended party opted to recover his damages on the basis of the offender’s
(3) Any person who shall make any false statement in the course of trade or who shall civil liability arising from the crime he committed under Article 100 of the Revised
commit any other act contrary to good faith of a nature calculated to discredit Penal Code;
the goods, business or services of another.” (2) he also opted to institute his civil action based thereon, expressly or impliedly with
the criminal action;
Requisites of unfair competition: (3) the accused was acquitted in the criminal action on reasonable doubt as to his guilt;
(1) Must involve an injury to a competitor or trade rival and
(2) Must involve action which are characterized as contrary to good science or shocking (4) the said ground of acquittal was declared by the court in its judgment or is clearly
to judicial sensibilities or otherwise unlawful in the language of our law inferable from the text thereof. Where all of the aforementioned assumptions are
present, Article 29 automatically reserves for the private offended party the right to
institute an independent civil action for damages based on the same act or omission
 and prove it by a preponderance of evidence despite the fact that the offender was
held not to be criminally liable; and that the injured party has previously opted to Art. 31. When the civil action is based on an obligation not arising from the act or
recover his damages ex delicto under Article 100 of the Revised Penal Code. omission complained of as a felony, such civil action may proceed independently of the
criminal proceedings and regardless of the result of the latter.
NO NEED FOR SEPARATE ACTION Civil Obligation Not Arising from a Felony
Must the recovery of the civil liability based on Article 29 be made on a separate civil action? • Refers to certain injuries which do not necessarily arise from the commission of a crime,
Otherwise stated, may the court render a judgment on the civil liability of the accused in the though there is an injured party
same criminal case wher he was acquitted on reasonable doubt? o Ex. Quasi-delicts under Arts. 2176-2194 of the Civil Code
NO. There appear to be no sound reasons to require a separate § Art. 2176: Whoever by act or omission causes damage to another, there
civil action to still be filed considering that the facts to being fault or negligence, is obliged to pay for the damage done. Such
be proved in the civil case have already been established in fault or negligence, if there is no pre-existing contractual relation
the criminal proceedings where the accused is acquitted. between the parties, is called a quasi-delict.
• Art. 31 does not provide for an independent civil action.
Proof Beyond Reasonable Doubt o An independent civil action is an action based on the same criminal act, as in
• Amount of proof which forms an abiding moral certainty that the accused committed the Arts. 32, 33, & 34.
crime charged o In instances covered by Art. 31, such as quasi-delicts, the civil action may
• Not absolute certainty, but still more exacting than what is needed in a civil case
proceed totally independently of the criminal action, so that any acquittal in the
criminal case, even if based on reasonable doubt, has no effect on the civil case
Preponderance of Evidence under Art. 31.
• As a whole, the evidence adduced by one side outweighs that of the adverse party o Art. 31 applies to culpa contractual, or contractual-based claims
• This is the amount of proof needed in civil cases
§ Ex. If a driver is acquitted of the crime of reckless imprudence resulting in
• If the guilt of the accused is not proven beyond reasonable doubt, he may still be made homicide on the basis of reasonable doubt, the transportation company
civilly liable since only preponderance of evidence is needed may still be sued as a common carriers, regardless of the acquittal or any
criminal liability of its driver charged in the criminal case
CASE: Mendoza v. Alcala
Facts: The accused was acquitted of estafa. But the decision acquitting him did not state that the Art. 32. Any public officer or employee, or any private individual, who directly or
fact from which the civil action might arise did not exist. It also did not state that the acquittal of indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the
the defendant was based on reasonable doubt. following rights & liberties of another person shall be liable to the latter for damages:
Held: The acquittal of the defendant in the criminal case was predicated on the conclusion that (1) Freedom of religion;
his guilt of the crime charged has not been proved beyond reasonable doubt. Hence, it does not (2) Freedom of speech;
preclude a suit to enforce the civil liability from the same transaction which was the subject (3) Freedom to write for the press or to maintain a periodical publication;
matter of the criminal action. (4) Freedom from arbitrary or illegal detention;
• “Any liability that is owed is civil in character” shows that a civil case can still be (5) Freedom of suffrage;
pursued (6) The right against deprivation of property without due process of law;
• It was previously held that a statement that “the guilt of the defendant has not been (7) The right to a just compensation when private property is taken for public use;
satisfactorily established” is considered based on reasonable doubt. (8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers, and effects against
 Even in this instance, the required quantum of evidence is preponderance of evidence unreasonable searches and seizures;
• Proof beyond reasonable doubt is required only in the criminal aspect cases (10) The liberty of abode and of changing the same;
Art. 30. When a separate civil action is brought to demand civil liability arising from a (11) The privacy of communication and correspondence;
criminal offense, and no criminal proceedings are instituted during the pendency of the civil (12) The right to become a member of associations or societies for purposes not
case, a preponderance of evidence shall likewise be sufficient to prove the act complained contrary to law;
of. (13) The right to take part in a peaceable assembly to petition the Government for
 redress of grievances; § Examples: a sheriff or constable in serving civil process for a private
(14) The right to be a free from involuntary servitude in any form; suitor; a recorder of deeds in recording the deed or mortgage of an
(15) The right of the accused against excessive bail; individual; a notary public in protesting negotiable paper
(16) The right of the accused to be heard by himself & counsel, to be informed of the • An individual can hold a public officer personally liable for damages on account of an
nature and cause of the accusation against him, to have a speedy and public trial, act or omission that violates a constitutional right only if it results in a particular wrong
to meet the witnesses face to face, and to have compulsory process to secure the or injury to the former.
attendance of witness in his behalf; o Tort law: for a plaintiff to maintain an action for damages for the injuries of which
(17) Freedom from being compelled to be a witness against one's self, or from being he complains, he must establish that:
forced to confess guilt, or from being induced by a promise of immunity or reward § Such injuries resulted from a breach of duty which the defendant owed the
to make such confession, except when the person confessing becomes a State plaintiff, meaning a concurrence of injury to the plaintiff and legal
witness; responsibility by the person causing it
(18) Freedom from excessive fines, or cruel and unusual punishment, unless the same o Complaints must also state a cause of action — the act or omission by which a
is imposed or inflicted in accordance with a statute which has not been judicially party violates the right of another. This exists if the following elements are
declared unconstitutional; & present:
(19) Freedom of access to the courts. § A right in favor of the plaintiff by whatever means and under
In any of the cases referred to in this article, whether or not the defendant's act or whatever law it arises or is created;
omission constitutes a criminal offense, the aggrieved party has a right to commence an § An obligation on the part of the named defendant to respect or not to
entirely separate & distinct civil action for damages, & for other relief. Such civil action violate such right
shall proceed independently of any criminal prosecution (if the latter be instituted), & § An act or omission on the part of such defendant violative of the
may be proved by a preponderance of evidence. right of the plaintiff or constituting a breach of the obligation of
The indemnity shall include moral damages. Exemplary damages may also be adjudicated. defendant to plaintiff for which the latter may maintain an action for
The responsibility herein set forth is not demandable from a judge unless his act or recovery of damages
omission constitutes a violation of the Penal Code or other penal statute.
Separate Civil Action for Filing Constitutional Rights
Particular Wrong or Injury • 1947 Constitutional Commission acknowledged that: o In most cases, threat to
• Two kinds of duties exercised by public officers: individual freedom originates from abuse of power of government officials & peace
o Of Duties to the Public – officers whose duty is owed primarily to the public officers.
collectively and not to any particular individual. o The requirement of proof beyond reasonable doubt (for criminal cases) often
§ Ordinarily paid out of the public treasury prevents appropriate punishment, which a civil action only requires the
§ Individual cannot single himself out and assert that acts by these kinds of preponderance of evidence.
officials are duties owing to him and him alone o There are subtle, clever, & indirect ways of trampling upon the freedoms
§ Ex.: It is the duty of members of legislature to pass only wise & proper named which do not violate the Penal Code
laws; highway commissioners owe a duty that they will be governed only
by considerations of the public good in deciding to open and close certain CASE: Aberca v. Ver
highways Public officials can be made civilly liable for acts done which violate the constitutional
o Of Duties to Individuals – officers who, by reason of their employment by a rights of individuals.
particular individual to do some act for him in an official capacity, is under a Facts: Plaintiffs alleged that the defendants, who were members of a military raiding team,
special and particular obligation tot their employer as an individual. were liable for damages for violating their rights when they, in undertaking their raid,
§ Ordinarily receive compensation from fees paid by each individual who employed defectively issued search warrants; confiscated a number of purely personal
employs them items; made arrests without proper warrants; denied them visits of relatives and lawyers;
§ They owe to the public a general duty of proper administration of their interrogated them in violation of their right to council; and employed, during the
respective offices interrogation, threats, tortures, and other forms of violence to obtain incriminatory
information or confessions. SG dismissed their case because they states no cause of action
for damages, and added too that the defendants were immune from liability for acts done in
 performance of their official duties, and the privilege of habeas corpus has been o Physical injuries – can include death or the crime of homicide but it cannot
suspended. include reckless imprudence/criminal negligence resulting in homicide
Held: SC sides with the plaintiffs and finds defendants are liable for damages. Superior
officers, who are indirectly responsible for the violation of the Constitution, are also liable.
Art. 32 allows for a civil action to be filed against public officials when said public Art. 34. When a member of a city or municipal police force refuses or fails to render aid or
officials directly or indirectly violate the rights of individuals listed in said article. protection to any person in case of danger to life or property, such peace officer shall be
primarily liable for damages, & the city or municipality shall be subsidiarily responsible
CASE: Lim v. Ponce de Leon therefor. The civil action herein recognized shall be independent of any criminal proceedings, &
a preponderance of evidence shall suffice to support such action.
Good faith is not a defense to be exempt from Art. 32.
Facts: A fiscal ordered the impounding of a stolen motor launch without a valid search Members of Police Force
warrant issued by the court despite having enough time to legally obtain one. He delegated • It is the police’s job to see to it that there is peace & order in the community; failure or
this command to a detachment commander of the province, who, faced with a possible refusal to render duties can be a basis for claiming damages against them.
disciplinary action, hesitantly seized the motor launch upon orders of the provincial • City or municipality will be subsidiarily responsible therefor.
commander who was in turn ordered by the fiscal. The fiscal, to prevent being made liable o Partially responsible, as they employ the officers.
under Art. 32, contended he was in good faith and without malice. The detachment
commander contended that he was merely obeying his superior officer’s commands, & Art. 35. When a person, claiming to be injured by a criminal offense, charges another with the
was led to believe these commands were lawful. same, for which no independent civil action is granted in this Code or any special law, but the
Held: The fiscal is liable for damages; the detachment commander is absolved. To be liable justice of the peace finds no reasonable grounds to believe that a crime has been committed, or
under Art. 32, it is enough that there was a violation of constitutional rights of the plaintiffs. It is the prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may
not required that defendants should have acted with malice or bad faith. The object of Art. 32 is bring a civil action for damages against the alleged offender. Such civil action may be supported
to put an end to official abuse by the plea of good faith. Thus, as fiscal caused the impounding by a preponderance of evidence. Upon the defendant's motion, the court may require the
of the motor launch, he is liable for damages. But the detachment commander is not liable plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be
because he was merely following orders, & showed reluctance to perform the act. He was also malicious.
led to believe there was legal basis to impound the launch. If during the pendency of the civil action, an information should be presented by the
prosecuting attorney, the civil action shall be suspended until the termination of the
Judges criminal proceedings.
• Judges cannot be subjected to liability — civil, criminal, or administrative — for any of Procedural Technicalities
their official acts, no matter how erroneous, as long as they act in good faith. • Rule 111 of the Rules of Court of the Philippines outlines the procedures that must be
• It is only when they act fraudulently or corruptly, or with gross ignorance, that they face followed when attempting to file both a criminal and civil case:
criminal or administrative liability. o Sec. 1 (a) - When a criminal action is instituted, the civil action for the recovery of
civil liability arising from the offense charged shall be deemed instituted with the
Art. 33. In cases of defamation, fraud, & physical injuries a civil action for damages, entirely criminal action unless:
separate & distinct from the criminal action, may be brought by the injured party. Such civil § The offended party waives the civil action;
action shall proceed independently of the criminal prosecution, & shall require only a § Reserves his right to institute it separately or institute the civil action
preponderance of evidence. prior to the criminal action
Rationale • When should this be made?
o Before the prosecution starts presenting its evidence and under
• To allow a citizen to enforce his rights in a private action brought by him, regardless of
the State attorney, so he can become self-reliant circumstances affording the offended party a reasonable
opportunity to make such reservation.
Terms o Filing fees:
• Terms fraud, defamation and physical injuries must be understood in their ordinary sense:
o Fraud – can include estafa o Defamation – can include libel
 §
If there is no specified amount in the complaint, the filing fee o Legal representatives
therefor shall constitute a first lien4 on the judgment awarding such § Representatives to appear and be substituted within period of 30 days from
damages. notice
§ Where the amount is specified in the complaint, the corresponding • Sec. 5 - Judgment in civil action not a bar o If the defendant is absolved from civil
filing fees shall be paid by offended party upon filing thereof in the liability, he can still be tried for criminal liability for the same act or omission as the
court. subject of the civil action.
o No counterclaim, cross-claim, or third-party complaint may be filed by the
accused in the criminal case, but any cause of action which could have been the Art. 36. Prejudicial questions, which must be decided before any criminal prosecution may be
subject thereof may be litigated in a separate civil action instituted or may proceed, shall be governed by rules of court which the Supreme Court shall
• Sec. 1 (b) – Special rules in situations involving B.P. 22 (Bouncing Check Law) o The promulgate & which shall not be in conflict with the provisions of this Code.
criminal action for violation of B.P. 22 shall be deemed to include the corresponding civil General Rule
action. • Where both a civil and criminal case arising from the same facts are filed in the court, the
o No reservation to file such civil action separately is allowed. criminal case takes precedence.
o Upon the filing of the complaint, the full filing fees must be paid for.
• Sec. 2 - When a separate civil action is suspended o After a criminal action has been Exceptions
commenced, the separate civil action arising from the said case will be suspended until • If there are prejudicial questions which should be resolved first before action can be taken
final judgment is rendered on the criminal action. in a criminal case
o Consolidation of civil & criminal case • When the law provides that both civil and criminal case can be instituted simultaneously
§ The offended party can consolidate the civil claim with the criminal (such as in Art. 33)
action in the court trying the criminal action
§ This action is valid until the judgment on the criminal action has Prejudicial Questions
been pronounced • One that arises in a case, the resolution of which is a logical antecedent of the issue
§ The consolidated cases shall be tried and decided jointly. involved therein, & the cognizance of which pertains to another tribunal
o What happens to the prescriptive period of the civil action upon pendency of the • Two essential elements: o The previously instituted civil action involves an issue similar
criminal action? or intimately related to the issue raised in the subsequent criminal action;
§ The period of prescription shall be tolled o The extinction of the penal action o The resolution of such issue determines whether or not the criminal action may
does not carry with the extinction of the civil action proceed
§ Unless: it is found that the criminal action resulting in civil liability did not • In prejudicial question matters, there is always a civil and criminal case.
exist o The issues in the civil case determine the outcome of the criminal case.
• Sec. 3 - When the civil action may proceed independently o In cases provided in Art. • Where can these be filed?
32, 33, 34 and 2176 of the Civil Code o In the officer of the prosecutor or the court conducting the preliminary
§ Shall independently of the criminal action and shall require only a investigation
preponderance of evidence • Until when can they be filed?
o In no case may the offended party recover damages twice for the same act or o When the criminal action has been filed in court for trial, any time before the
omission charged in the criminal action prosecution rests
• Sec. 4 - Effect of death o The death of the accused after arraignment and during the
pendency of the criminal action shall extinguish the civil liability arising from the crime. CASE: Fortich-Celdran v. Celdran
o However, the independent civil action under Sec. 3 may be continued against the A prejudicial question exists when one important issue must be resolved before another
estate or legal representative of the accused after proper substitution or against case can proceed.
said estate, as the case may be. Facts: A person alleges that his “motion to withdraw” filed in approved by the court was
falsified and that the consequent decision of the court, basing his rights on the motion and
4 A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A plaintiff disregarding his claim of falsification, was erroneous. The decision on the civil case was
who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor." Judgment liens may be
created through a wide variety of circumstances. For example, if a person negligently injures someone in an accident, the injured person appealed to the Court of Appeals before the said person filed a criminal case against the
is likely to sue for damages. If the insurance doesn't cover the judgment, a judgment lien may be placed against the negligent person's
property to secure payment of the claim to the injured party.
accused for falsification of public document.
 Held: SC ruled that the civil case should be decided first, as it answers a prejudicial • SC: The civil action for nullity of marriage is not a suit involving a prejudicial action to
question, which will determine the results of the criminal case. The falsification of the justify the suspension of the criminal case for concubinage. A subsequent pronouncement
“motion to withdraw” is intimately linked with the subsequent criminal case for falsifying of the nullity of marriage is not a defense in concubinage. As long as there is no judicial
of document, and can affect the results of the criminal proceedings. declaration of nullity of marriage, the presumption is that the marriage exists for all
intents & purposes.
CASE: Jimenez v. Averia
An example of non-applicability of prejudicial questions. Parricide Example
Facts: The accused was criminally charged of estafa for not returning money given to them • A parricide5 case was filed against the husband for killing his wife.
as agents for the purpose of buying a boat which never materialized. Prior to the • Later, the husband filed a civil action for declaration of nullity of marriage on the ground
arraignment, the accused filed a case assailing the validity of the receipt where in they of psychological capacity.
acknowledged having received the amount of money (P20,000) but also contended that • SC: A civil case for the declaration of nulliy of marriage is not a prejudicial question in a
their signatures in the receipt were obtained through fraud, deceit and intimidation. The criminal case for parricide, especially in a case where the crime was committed when the
lower court suspended the criminal case believing that the issues in the civil case pose a marriage had yet to be judicially voided.
prejudicial question.
Held: SC ruled that there is no prejudicial question answered by the civil case in BOOK I. PERSONS
connection to the criminal case. The question of the invalidity of the signatures found in
the receipt does not determine the guilt or innocence of the parties charged with estafa, TITLE I. CIVIL PERSONALITY
because the accused still received the P20,000 with which to buy the fishing boat &
misappropriated the money given. CHAPTER 1. General Provisions

Bigamy Example Art. 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in
• A spouse was criminally charged with bigamy by his first spouse, and thereafter, the every natural person & is lost only through death. Capacity to act, which is the power to do acts
second wife filed a civil case for annulment of marriage contending that the accused only with legal effect, is acquired & may be lost. (n)
forced and intimidated her to marry him.
• The accused then filed a third-party complaint against his first spouse, saying that she had Juridical Capacity
intimated and forced him to marry her. • Acquired upon the birth of a person, & terminated upon his death
• SC ruling: The existence of the civil suit does not constitute a prejudicial question to • Under the Civil Code, even if a child is still unborn & merely inside the womb of the
warrant a suspension of the criminal case for bigamy, because the first marriage was still mother, he is already given a provisional personality which entitles him to be
not annulled and still validly exists. supported or to receive donation
• A party who contracts a second marriage then assumes the risk of being prosecuted for
bigamy. Capacity to Act
• IF, however, the husband made the claim that he was merely intimidated by the second • Not inherent in a person; it is attained or conferred
wife to enter into the bigamous marriage, his consent to the second marriage would be • It is lost not only by death, but also by any other valid cause provided by law
involuntary and cannot be the basis of his conviction of bigamy. He would be convicted
of bigamy either way. Art. 38. Minority, insanity, or imbecility, the state of being a deaf-mute, prodigality, & civil
o The civil case for the annulment of his second marriage is a prejudicial question to interdiction are mere restrictions on capacity to act, & do not exempt the incapacitated person
warrant the suspension of the criminal case for bigamy. from certain obligations, as when the latter arise from his acts or from property relations, such
as easements. (32a)
Concubinage Example
• A husband files a civil action for declaration of nullity of his marriage on the ground of Art. 39. The following circumstances, among others, modify or limit capacity to act: age,
psychological incapacity under Art. 36 of the Family Code. insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations,
• The wife then files a criminal case for concubinage against the said husband & his alienage, absence, insolvency, & trusteeship. The consequences of these circumstances are
paramour.
5 This crime is committed by a person who kills his father, mother, child, ascendants, descendants, or spouse.
governed in this Code, other codes, the Rules of Court, & in special laws. Capacity to act Birth Certificate
is not limited on account of religious belief or political opinion. • The best evidence of the fact of birth is the birth certificate
A married woman, 21 years of age or over, is qualified for all acts of civil life, except in • The birth certificate becomes a public document once registered with the Office of the
cases specified by law. (n) Local Civil Registerar
• BUT: Entries therein are only prima facie evidence of the facts it contains; they can be
CHAPTER 2. Natural Persons rebutted by competent evidence
• Sec. 4, Civil Registry Law, provides – o The declaration of the physician or midwife in
Art. 40. Birth determines personality; but the conceived child shall be considered born for attendance at the birth, or in default therein, the declaration of either parent of the newborn
all purposes that are favorable to it, provided it be born later with the conditions specified child, is sufficient to register a birth in the civil registrar
in the following article. (29a) o In the case of an exposed child, the person who found the child shall report the same
to the registrar, giving the date, place, & hour of finding & other attendant
Art. 41. For civil purposes, the fetus is considered born if it is alive at the time it is circumstances
completely delivered from the mother's womb. However, if the fetus had an intra-uterine o If the child is illegitimate, the birth certificate shall be signed & sworn jointly by the
life of less than 7 months, it is not deemed born if it dies within 24 hours after its complete infant’s parents, or only by the mother, if the father refuses.
delivery from the maternal womb. (30a) § If the dad refuses to acknowledge the child, any information regarding the father,
including his name, cannot be placed in the birth certificate.
Art. 40 Modified by P.D. 603 (Child Youth & Welfare Code)
• Art. 40 has been amended by Art. 5 of P.D. 603, which provides that: “The civil Confidentiality of Birth Records
personality of the child shall commence from the time of his conception for all • Birth records are confidential; their contents cannot be revealed except in cases provided
purposes favorable to him, subject to the requirements of Art. 41o f the Civil Code.” by law.
• The mere filing of these documents with the civil registrar does not serve as constructive
Commencement of Civil Personality notice to all persons of such documents or the facts contained therein, given their
• A conceived child, though yet unborn, can have civil personality, & may receive confidential nature
donations or succeed or inherit from a decedent, provided that it be born later under • BUT these records remain public documents because, following the proper procedure, they
the conditions prescribed in Art. 41. can be obtained under P.D. No. 603, by the following –
• CASE: Geluz v. CA – A parent cannot invoke the “provisional personality” of his o The person himself, or any other person authorized by him o His spouse, parents, his
conceived child to obtain damages for & on behalf of an aborted child, since the direct descendants, or the guardian or institution legally in charge of him if he is a
conditions under Art. 40 & 41, in such case, would not be met. Instead, the parents minor
can file damages in their own right against the doctor who caused the abortion. o The court or proper public official whenever absolutely necessary in administrative,
judicial, or other official proceedings to determine the identity of the child’s parents
CASE: Quisumbing v. Icao or other circumstances surrounding his birth
A conceived child, though still unborn, is given by law a provisional personality of its own o In case of the person’s death, his nearest of kin
for all purposes favorable to it
Facts: Carmen, assisted by her parents, sued Felix, her neighbor. She claimed that Felix, CLASS DISCUSSION (M)
although married, had succeeded in having sex with her against her will & by force, & as a Q: Within the 24 hours, the baby less than 7 months intra-uterine life was murdered by choking
result, she became pregnant & had to drop out of school. She thus filed this claim for the by a madman. Did the baby acquire civil personality?
support of their child. Felix filed a motion to dismiss, arguing that Carmen failed to allege A: NO. The law does not distinguish. For as long as the baby does not survive 24 hours, then the
that the child had been born; hence, there was no cause of action. The trial court granted child has no civil personality.
the motion to dismiss.
Held: The trial court erred when they granted the motion to dismiss. A conceived child, Art. 42. Civil personality is extinguished by death. The effect of death upon the rights &
though as yet unborn, has the right to support from its progenitors, including the defendant, obligations of the deceased is determined by law, by contract and by will. (32a)
just as a conceived child, though unborn, may be given donations or may succeed. Support
can be granted to children yet unborn. Death
• Cessation of life
• Death puts an end to civil personality Given that preponderance of evidence exists to show that the son died before the mother.
• Ex. In the law of co-ownership, a co-owner may buy back the piece of a co-owned This evidence is what was upheld by the SC.
property sold by another co-owner. In a case where the decedent passed down by
succession a property to 6 co-heirs, if one co-heir sells his share, the other co-heirs will be CLASS DISCUSSION (M)
able to exercise a right of redemption & attempt to buy back the selling coheir’s share not Q: A & B are friends. A is 100-years-old. B is 25-years-old. A is weak, B is strong. There
because of the right of redemption of the deceased who gave them the inheritance, but was an explosion. Both A & B died. Who was presumed to have died first?
because of their rights as co-owners. The deceased could not have acquired the righto f A: A.
redemption after his death, when the sale was made to Q: But if A & B are father & son, who is presumed to have died first?
the third party, because death extinguished his civil personality, & therefore, all A: None of them. If you cannot prove who died first, they will be presumed to have died at
further juridical capacity to acquire or transmit rights & obligations of any kind. the same time, and there will be no transmission of rights. There will instead be escheat
proceedings. So you better make sure one of you die first!
Death Certificate
• The local civil registrar of a municipality or city has in its custody the death certificates of CHAPTER 3. Juridical Persons
persons who died in its locality
Art. 44. The following are juridical persons:
Contract, Will, & the Law (1) The State & its political subdivisions;
• The rights & obligations of a dead person can still be regulated by contract, will, or the law (2) Other corporations, institutions and entities for public interest or purpose, created by
o Ex. Creditors can claim from the estate of the deceased any obligation due them law; their personality begins as soon as they have been constituted according to law;
before the estate can finally be partitioned in favor of the heirs (3) Corporations, partnerships and associations for private interest or purpose to which
o Ex. The testator, through express provision in a will, may disinherit any of his heirs the law grants a juridical personality, separate & distinct from that of each
under any of the valid grounds provided by law, thereby, in effect, controlling the shareholder, partner or member. (35a)
disposition of his properties even after death
o Ex. Any person who shows disrespect to the dead, or wrongfully interferes with a Art. 45. Juridical persons mentioned in Nos. 1 & 2 of the preceding article are governed by the
funeral, shall be liable to the family of the deceased for damages, material & moral laws creating or recognizing them.
Private corporations are regulated by laws of general application on the subject.
*[BAR] Art. 43. If there is a doubt, as between two or more persons who are called to Partnerships & associations for private interest or purpose are governed by the
succeed each other, as to which of them died first, whoever alleges the death of one prior provisions of this Code concerning partnerships. (36 & 37a)
to the other, shall prove the same; in the absence of proof, it is presumed that they died at
the same time and there shall be no transmission of rights from one to the other. Art. 46. Juridical persons may acquire & possess property of all kinds, as well as incur
(33) obligations & bring civil or criminal actions, in conformity with the laws & regulations of their
organization. (38a)
Proof of Death
• Art. 43 specifically applies only to persons who are called to succeed each other Juridical Person
• Proof of death must be established by positive evidence o It may be established by • A juridical person is a being of legal existence susceptible of the rights & obligations, or
circumstantial evidence derived from facts o BUT it may never be established by mere of being subject of juridical relations
inference from another inference, or by some presumption
State
CASE: Joaquin v. Navarro • The State & its political subdivisions are juridical persons
Where there is evidence to show which of two persons called to succeed each other died • As a juridical person, the State – o Can enter into treaties & contracts
first, the evidence, rather than the presumption in Art. 43, will prevail. o Can, in default of persons entitled to succeed to the estate of a deceased person,
Facts: The mother & son in this case died during the massacre of civilians in Feb. 1945, inherit the latter’s whole estate
while Manila was bombarded in WW2. There was evidence to show that the son ran out & • The State cannot be sued without its consent o Express consent – through general
got shot by bullets, while the mother stayed behind in the shelter of a building. Held: or special law
 o Implied consent – • By the contract of partnership two or more persons bind themselves to contribute
§ When the government enters into business contracts, thereby descending money, property, or industry to a common fund, with the intention of dividing the
into the level of a contracting party profits among themselves.
§ When the State files a complaint, thus opening itself to a counterclaim • Two or more persons may also form a partnership for the exercise of a profession.
• But even in instances when the State waives its sovereign immunity & allows itself to be
sued, it is only giving the plaintiff the chance to prove that it is liable. It does not mean Distinct Personality & Exceptions
that the judgment can be enforced by execution against the State’s funds. • Corporations, partnerships, & associations for private interests may be granted by
o Every disbursement of public funds must be covered by a corresponding law a juridical personality separate & distinct from that of each shareholder, partner,
appropriation passed by the legislature or member
o Government properties & funds cannot be seized under writs of execution or • Obligations of the corporation are not the obligations of its stockholders, & vice
garnishment to satisfy such judgments versa
o As a general rule, shareholders cannot intervene in cases involving their
Political Subdivisions corporation; the corporation is a distinct legal person from them & any share
• Municipal corporations, consisting of provinces, cities, & municipalities they may have in corporate property is merely inchoate
• They exist in a dual capacity – o In a sovereign capacity – when exercising political or • This legal fiction of a distinct personality is highly pronounced in corporations, but it
governmental functions can be pierced & disregarded, thereby making shareholders liable for corporate
o In a private, proprietary, or corporate capacity – arising from their existence as liabilities.
legal persons & not as public agencies o Under the doctrine of piercing the veil of corporate fiction, when the corporate
fiction is used to defeat public convenience, protect fraud, justify wrong, or
CASE: Municipality of San Fernando v. Judge Firme defend crime, it will be disregarded. The corporation will be treated as an
Municipal corporations are agencies of the State when they are engaged in government association of persons only & shareholders can be made liable.
functions & enjoy sovereign immunity from suit. Nevertheless, they can sue or be sued
because of the grant under their respective charters. Art. 47. Upon the dissolution of corporations, institutions, & other entities for public interest or
Facts: The plaintiff sued the municipality of San Fernando for damages caused by its purpose mentioned in No. 2 of Art. 44, their property, & other assets shall be disposed of in
driver. The driver caused the damage while on his way to the Naguilian river to get a load pursuance of law or the charter creating them. If nothing has been specified on this point, the
of sand & gravel for the repair of the municipality’s streets. property & other assets shall be applied to similar purposes for the benefit of the region,
Held: SC exonerated the municipality because the employee was undertaking province, city, or municipality which during the existence of the institution derived the principal
governmental activities. Municipal corporations are not generally liable for torts benefits from the same. (39a)
committed by them in the discharge of governmental functions & can be held answerable
only if it can be shown that they were acting in a proprietary capacity. In permitting such Laws on Dissolution
entities to be sued, the State merely gives the claimant the right to show that the defendant • For private corporations – Corporation Code
was not acting in a governmental capacity when the injury was committed or falls under • For corporations of public interest or purposes created by charter – their charter
exceptions provided by law. Failing this, the claimant cannot recover. governs; in the absence of provisions on dissolution in their charters, the Corporation
Code
Corporation • For partnerships – the Civil Code
• A corporation is an artificial being created by operation of law, having the right of
succession and the powers, attributes and properties expressly authorized by law or TITLE II. CITIZENSHIP AND DOMECILE
incident to its existence.
• General law governing public corporations – Corporation Code (B.P. Blg. 68) Art. 48.6 The following are citizens of the Philippines:
• Government corporations, such as the Development Bank of the Philippines & (1) Those who were citizens of the Philippines at the time of the adoption of the Constitution of
PAGCOR, are created by their own special chapters passed by the legislature, with the Philippines;
B.P. Blg. 68 applying suppletorily (2) Those born in the Philippines of foreign parents who, before the adoption of said
Constitution, had been elected to public office in the Philippines;
Partnership (Art. 1767, Civil Code)
6 No longer controlling; the 1987 Constitution now governs the rule on Philippine citizenship
(3) Those whose fathers are citizens of the Philippines; o Sec. 2 – Natural-born citizens are those who are citizens of the
(4) Those whose mothers are citizens of the Philippines, &, upon reaching the age of majority, Philippines from birth without having to perform any act to acquire or
elect Philippine citizenship; perfect their Philippine citizenship. Those who elect Philippine
(5) Those who are naturalized in accordance with law. (n) citizenship in accordance with par. (3), Sec. 1 hereof shall be deemed
natural-born citizens.
Art. 49. Naturalization & the loss & reacquisition of citizenship of the Philippines are governed o Sec. 3 – Philippine citizenship may be lost or reacquired in the manner
by special laws. (n) provided by law.
o Sec. 4 – Citizens of the Philippines who marry aliens shall retain their
Art. 50. For the exercise of civil rights & the fulfillment of civil obligations, the domicile of citizenship, unless by their act or omission, they are deemed, under the
natural persons is the place of their habitual residence. (40a) law, to have renounced it.
o Sec. 5 – Dual allegiance of citizens is inimical to the national interest and
Art. 51. When the law creating or recognizing them, or any other provision does not fix the shall be dealt with by law.
domicile of juridical persons, the same shall be understood to be the place where their legal
representation is established or where they exercise their principal functions. Jus Sanguinis
(41a) • Jus sanguinis – citizenship by blood; this is what is followed in the Philippines since
being born of a Filipino father or mother determines citizenship
Domicile & Residence • Jus soli – citizenship on the basis of place of birth
• Domicile – denotes a fixed permanent residence to which, when absent, one has the
intention of returning Acquisition of Citizenship (C.A. No. 473)
• Residence – indicates a place of abode, whether permanent or temporary • Sec. 2. Qualifications. – Subject to section four of this Act, any person having the
• A minor follows the domicile of his parents o Under the Family Code, the husband & following qualifications may become a citizen of the Philippines by naturalization:
wife fix the family domicile; if they (1) He must be not less than 21 years of age on the day of the hearing of the
cannot agree, the courts shall fix it for them petition;
• A man may have his residence in one place, & his domicile in another o He may have (2) He must have resided in the Philippines for a continuous period of not less
as many residences as he wants, but he can have only one than 10 years;
domicile (3) He must be of good moral character & believes in the principles underlying
o Ex. A woman may have lived for many years in different places, & may the Philippine Constitution, & must have conducted himself in a proper and
be a registered voter in one place, but that place is not necessarily her irreproachable manner during the entire period of his residence in the
domicile if it is not the residence where she really has the intention of Philippines in his relation with the constituted government as well as with the
returning community in which he is living.
• Requisites for Changing the Domicile of Origin (4) He must have some known lucrative trade, profession, or lawful occupation;
(5) He must be able to speak and write English or Spanish & any one of the
Citizenship principal Philippine languages; &
• Art. IV of the 1987 Constitution now governs the rule on citizenship (6) He must have enrolled his minor children of school age, in any of the public
• Provisions: schools or private schools recognized by the Office of Private Education of
o Sec. 1 – Sec. 1. The following are citizens of the Philippines: the Philippines, where the Philippine history, government, & civics are taught or
(1) Those who are citizens of the Philippines at the time of the prescribed as part of the school curriculum, during the entire period of the
adoption of this Constitution; residence in the Philippines required of him prior to the hearing of his petition for
(2) Those whose fathers or mothers are citizens of the Philippines; naturalization as Philippine citizen.
(3) Those born before Jan. 17, 1973, of Filipino mothers, who elect • Sec. 3. Special qualifications. The 10 years of continuous residence required under
Philippine citizenship upon reaching the age of majority; & the second condition of the last preceding section shall be reduced to 5 years for any
petitioner having any of the following qualifications:
(4) Those who are naturalized in accordance with law.
 (1) Having honorably held office under the Government of the Philippines or under a.
The Republic of the Philippines has a defensive and/or offensive pact
that of any of the provinces, cities, municipalities, or political subdivisions of alliance with the said foreign country; or
thereof; b. The said foreign country maintains armed forces on Philippine territory
(2) Having established a new industry or introduced a useful invention in the with the consent of the Republic of the Philippines: Provided, That the
Philippines; Filipino citizen concerned, at the time of rendering said service, or
(3) Being married to a Filipino woman; acceptance of said commission, and taking the oath of allegiance
(4) Having been engaged as a teacher in the Philippines in a public or recognized incident thereto, states that he does so only in connection with his
private school not established for the exclusive instruction of children of persons service to said foreign country: And provided, finally, That any Filipino
of a particular nationality or race, in any of the branches of education or industry citizen who is rendering service to, or is commissioned in, the armed
for a period of not less than 2 years forces of a foreign country under any of the circumstances mentioned
(5) Having been born in the Philippines. in par. (a) or (b), shall not be permitted to participate nor vote in any
• Sec. 4. Who are disqualified. - The following cannot be naturalized as Philippine election of the Republic of the Philippines during the period of his
citizens: service to, or commission in, the armed forces of said foreign country.
(1) Persons opposed to organized government or affiliated with any association or Upon his discharge from the service of the said foreign country, he
group of persons who uphold & teach doctrines opposing all organized shall be automatically entitled to the full enjoyment of his civil and
governments; political rights as a Filipino citizen;
(2) Persons defending or teaching the necessity or propriety of violence, personal (5) By cancellation of the of the certificates of naturalization;
assault, or assassination for the success & predominance of their ideas; (6) By having been declared by competent authority, a deserter of the Philippine
(3) Polygamists or believers in the practice of polygamy; armed forces in time of war, unless subsequently, a plenary pardon or amnesty
(4) Persons convicted of crimes involving moral turpitude; has been granted; and
(5) Persons suffering from mental alienation or incurable contagious diseases; (7) In the case of a woman, upon her marriage to a foreigner if, by virtue of the laws
(6) Persons who, during the period of their residence in the Philippines, have not in force in her husband's country, she acquires his nationality.
mingled socially with the Filipinos, or who have not evinced a sincere desire to • Grounds for reacquisition
learn and embrace the customs, traditions, & ideals of the (1) By naturalization: Provided, That the applicant possess none of the
Filipinos; disqualification's prescribed in Sec. 4 of C.A. No. 473;
(7) Citizens or subjects of nations with whom the Philippines is at war, during the (2) By repatriation of deserters of the Army, Navy or Air Corp: Provided, That a
period of such war; woman who lost her citizenship by reason of her marriage to an alien may be
(8) Citizens or subjects of a foreign country other than the U.S. whose laws do not repatriated in accordance with C.A. 473 after the termination of the marital
grant Filipinos the right to become naturalized citizens or subjects thereof. status; &
(3) By direct act of the Congress.
Loss & Reacquisition of Citizenship (C.A. No. 63, as amended by R.A. 106)
• Grounds for loss THE FAMILY CODE OF THE PHILIPPINES
(1) By naturalization in a foreign country;
(2) By express renunciation of citizenship; • Executive Order No. 209
(3) By subscribing to an oath of allegiance to support the constitution or laws of a • Date of effectivity: August 3, 1988
foreign country upon attaining 21 years of age or more: Provided, however, That a • Additional amendments:
Filipino may not divest himself of Philippine citizenship in any manner while the o RA No. 6809: amended Title X of the Family Code dealing with emancipation and
Philippines is at war with any country; age of majority
(4) By rendering services to, or accepting commission in, the armed forces of a § Effectivity: December 8, 1989 o RA
foreign country: Provided, That the rendering of service to, or the acceptance of No. 10572: amended Art. 73 & 111
such commission in, the armed forces of a foreign country, and the taking of an § Effectivity: June 8, 20137
oath of allegiance incident thereto, with the consent of
the Philippines, shall not divest a Filipino of his Philippine citizenship if TITLE I – MARRIAGE
either of the following circumstances is present:
7 Based on its approval date, May 24, 2013 and following the 15-day effecitivity rule as written in the Act itself.
 • Art. 349, Revised Penal Code (Bigamy): The penalty of prision mayor shall be
Chapter I: REQUISITES OF MARRIAGE imposed upon any person who shall contract a second or subsequent marriage
o Before the former marriage has been legally dissolved or o Before the absent
Art. 1. Marriage is a special contract of permanent union between a man & a woman spouse has been declared presumptively dead by means of a judgment rendered
entered into in accordance with the law for the establishment of conjugal and family life. It in the proper proceedings.
is the foundation of the family & an inviolable social institution whose nature, • Art. 350, Revised Penal Code: The penalty of prision correccional in its medium and
consequences, & incidents are governed by law & not subject to stipulation, except that maximum periods shall be imposed upon any person who
marriage settlements may fix the property relations during the marriage within the limits o Shall have not been complied with [the requisites of the law for marriage] o
provided by this Code. [Contracts] marriage in disregard of a legal impediment
If either of the contracting parties shall obtain the consent of the other by means of
Breakdown of Provision violence, intimidation or fraud, he shall be punished by the maximum period of the
• Marriage is… o A special contract of permanent union o Between a man penalty provided in the next preceding paragraph.
& a woman o Entered into in accordance with the law o For the • Marriage Law of 1929: Criminal penalties for erring persons who are authorized to
establishment of conjugal & family life. solemnize a marriage
o The foundation of family o An inviolable social institution o Note that this is the only provision in the Marriage Law of 1929 which has not
o Nature, consequences & incidents are governed by law and not subject to stipulation, been repealed by any law, including the Family Code o
except marriage settlements, which may fix property relations during the marriage
Mail-Order Bride
Nature and Importance of Marriage • R.A. No. 6955, Sec. 2 (June 13, 1990)
• Marriage is a sacred obligation & a civil contract regulated by law • Criminal offense for any natural or juridical entity who directly or indirectly:
• Distinctions between marriage and a mere contract: o Other contracts may be o Established a business for matching Filipino women with foreign nationals, by
modified, enlarged, restricted or released; not so with marriage personal introduction or mail-order basis
o Consent on obligations of marriage is not taken from concurring minds; it is the o Advertised, published, distributed any materials that promote such businesses
created law itself § Any manager of a publication which allows or consents to the acts above are
o Preserving marriage is essential for public welfare also liable

CASE (Bove v. Pinciotti) Trafficking in Women

On the special nature of the contract of marriage • R.A. No. 9208: The Anti-Trafficking in Persons Act of 2003
Facts: Petitioner filed for annulment of his marriage, on the ground that he never intended to • The following acts are illegal:
marry the respondent, & only did so to give a name to the child in her womb, which however o Introducing or matching any person or, as provided in R.A. No. 6955, any
was never born; thus, petitioner argues, there was a failure in the consideration of the marriage Filipino woman to a foreign national for the purpose of acquiring, buying,
contract. offering, selling or trading him/her to engage in prostitution, pornography, sexual
Held: DENIED. Marriage is not at most a civil contract but is at least a civil contract. Regular relations, involuntary servitude, debt bondage or slavery for money,
laws on obligations & contracts do not govern it. It is a status & a kind of fealty to the State. profit, or material, economic or other consideration
o To offer or contract real or simulated marriage for the same reasons as above.
CASE (Phil. Telegraph & Telephone Co. v. NLRC)
On the illegality of discriminatory policies with regard to married individuals that have no Marriage between Rapist & Raped Victim
sound basis • A subsequent valid marriage of the offender & offended party in the crime of rape
Facts: A company policy disqualified from work any woman worker who contracts marriage. extinguishes the criminal action or penalty imposed for rape.
Held: VOID for violating equal protection clause & going against State policy on marriage. • In marital rape: subsequent forgiveness by the wife shall extinguish criminal action or
Marriage cannot be the source of interdiction nor discrimination in the workplace. penalty, unless the marriage is void ab initio (Art. 266-C of RPC, as amended by R.A.
No. 8353).
Marriage & Criminal Laws
 CASE (People v. Edgar Jumawan - April 21, 2014) o Absolute freedom of communication between the spouses – privileged
Right to sexual intercourse cannot be enforced in court; marital rape is a criminal offense communication
Facts: A wife files a case against her husband for forcing her to have sex and for boxing • HOWEVER, these do not imply that the legislature cannot enact a law for divorce o Law is
her when she refused. Her husband claims that it is his right to have sex with her because dependent on what legislature sees fit, but will be subject to the limitations provided in the
they are married, and that she did consent to sex with him when she followed him to their Constitution
room. • Marriage does not shed an individual’s right to privacy 8 o Neither the husband nor wife
Held: The existence of marital rape was AFFIRMED in this case; there is no distinction may testify for or against the other without the consent of the affected spouse while the
between marital & non-marital rape; both occur when the offended party does not consent marriage subsists
to the sexual act. The husband cannot force sex through intimidation; his only proper o As a general rule, neither the husband nor wife may be examined without the consent
remedy, if he so wishes, is to seek a declaration of nullity, if he can prove psychological of the other as to any communication received in confidence by one from the other
incapacity. during the marriage

Marriage as a status CASE (Zulueta v. Court of Appeals)

• Marriage is a social status between the contracting parties in which not only they but the Personal constitutional rights of a spouse remain even after he is married, and are
State as well are interested honored by the courts in proceedings
• When a status is assigned by law to members of any particular class of persons which Facts: A woman ransacks the office of her husband to get evidence of his infidelity for a
affects their general position with regard to the rest of the community, no one belonging to legal separation case, forcibly taking documents and letters of the husband addressed to the
the said class can vary the rights & obligations incident to the status paramour. Her husband demanded the documents back, and the wife refused. Held: The
documents forcibly taken by the wife are inadmissible as evidence in court; to admit them
CASE (Anonymous v. Anonymous) would be a violation of the husband’s right to privacy.
Privately imposed conditions that would alter the marriage status are not recognized by the
State CASE (Star Paper Corp. v. Simbol)
Facts: The spouses agreed that their civil marriage would not be considered valid & binding Companies must show vital link between policies and effect on business operations for
until after they had their religious marriage ceremony. Later, they sought on an annulment of policies on civil rights to be valid
their marriage based on said stipulation. Facts: A company provided that, in case 2 of their employees marry, one of them must
Held: The agreement is INVALID; the State and its laws govern marital status, & the parties to resign.
a marriage cannot tinker with it according to their own notions of what is proper. Held: The policy is ILLEGAL as it failed to prove that a marriage between 2 of its
employees could be detrimental to the operations of business.
Marriage in International Law
• The Universal Declaration of Human Rights (UDHR) o Men and women of full age, CASE (Duncan v. Glaxo)
without any limitation due to race, nationality, or religion, have the right to marry & found Right of companies to prevent conflict of interest between their employees and those of
a family competitor firms
o Marriage shall be entered with free & full consent of the intending parties o Men & Facts: A company issued an employment contract requiring employees to disclose to
women are entitled to equal rights before & during marriage, & after its dissolution management any of their existing or future relationships by consanguinity or affinity with
• The International Covenant on Economic, Social & Cultural Rights (same as UDHR) co-employees or employees of competing drug companies & requiring such employee to
• International Covenant on Civil & Political Rights (same as UDHR) resign should management find that there may be a possible conflict of interest.
Held: Contract is VALID & does not go against the equal protection clause. The
Constitutional Protection stipulation is reasonable, since such a relationship might allow competitor firms to gain
• The State recognizes the sanctity of family life & shall protect & strengthen the family as a access on the company’s secrets and procedures. Also, there is no absolute prohibition
basic social institution (Sec. 12, Art. II) against relationships.
• Art. 15 of the Constitution exclusively deals with family.
• A couple also has the right to privacy which is protected against all undue & unwarranted Legislative Control of Marriage
government intrusion

8 The Bill of Rights in the Constitution is addressed against the State, and can be invoked to protect a party in a marriage from his spouse.
 • Legislature defines all legal aspects of marriage & prescribes the strategies to protect the commencement of their property regime shall be at anytime other than at the
it precise moment that the marriage was celebrated
• Three parties to a marriage: two willing spouses, and an approving State o Art. 77: Any modification of the marriage settlement shall be in writing, signed by the
• Aspects of marriage governed by State: o Manner in which marriage is parties, & executed before the celebration of the marriage.
constituted o Manner in which marriage ends o Art. 78: Any modification after the marriage must be approved by courts & must be
• Aspect which the State does not control: property relations o The spouses made only in the instances provided for in Art. 76.
must decide on property regime before marriage o This cannot be decided
after marriage without court intervention Law Governing Validity of Marriage
• It is a generally accepted doctrine that the legislature may impose restrictions upon • The validity of a marriage is tested by the law in force at the time the marriage was
marital relations as laws on propriety and social order demand, as long as such contracted
regulations are not prohibitory (State v. Walker) • The nature of a marriage already celebrated cannot be changed by a subsequent
• Legislature cannot contravene Constitution o Equal protection clause cannot be amendment in the law
violated by forbidding marriages on the basis of race or political inclinations o Ex. Since under the Civil Code, a marriage between stepsister & stepbrother is void, a
• Marriage can be made to limit one’s capacity to act or acquire property o Art. 823, marriage between a stepbrother & sister solemnized during the effectivity of the Civil
Civil Code: If a person attests to the execution of a last will & testament, to whose Code is void, even if the Family Code no longer prohibits said marriage.
spouse a devise or legacy is given by such will, such devise or legacy shall, so far only o EXCEPTION: Psychological Incapacity (Art. 36)
as concerns such spouse, be void, unless there are 3 other competent witnesses to such § Art. 39 initially gave those filing a petition to declare a marriage void based on
will this ground a prescriptive period of 10 years after the effectivity of the Family
§ The fact of marriage of the witness in a will to the devisee shall render void the Code to file for declaration of nullity, for marriages contracted prior to the
gratuitous disposition of a real property in favor of the deviseespouse or a Family Code’s effectivity
personal property in favor of the legatee-spouse, unless there are 3 other § BUT R.A. No. 8533, which deleted the prescriptive period
witnesses § At present, if the ground for nullity is Art. 36, a petition to declare a marriage
§ In other words, when a witness who claims that a will & testament was created void is proper whether the marriage was celebrated before or after the effectivity
which benefits the witness’ spouse with property, the donation will be rendered of the Family Code on Aug. 3, 1988
void unless there are 3 other witnesses. • For the status of a marriage to change, there must be an express validation or
o Art. 874, Civil Code: An absolute condition not to contract a first or subsequent invalidation provision in the new law
marriage made in a last will & testament on an instituted voluntary heir shall be o Void marriages can never be ratified
considered as not written unless such condition has been imposed on the widow or
o While Art. 256 of the Family Code states that the law is retroactive insofar as it does
widower by the deceased spouse, or the latter’s ascendants or descendants.
not prejudice or impair vested or acquired rights in accordance with the Civil Code
and other laws, the clause is general and does not expressly validate a previously void
CASE SCENARIO (A)
marriage under the Civil Code
Q: If a husband states in his will that he does not allow his widowed wife to marry after his
death, can the wife still marry?
CHANGES IN NULLITY AND ANNULMENT OF MARRIAGES
A: Yes. Any subsequent marriage contracted by the widow is still valid, but her legacy in the
Civil Code (Aug. 30, 1950) Family Code (Aug. 3, 1988)
will is rendered ineffective by her contravention of her deceased husband’s wishes.
Marriage between stepbrother & Marriage between stepbrother &
Property Relations stepsister is void stepsister is not prohibited (Art. 38)
• Except for property relations fixed via marriage settlement prior to marriage, the
Marrying ages were 16 years old for males Marrying age is 18 for both the male & the
nature, consequence and incidents of marriage are governed by law and are not
& 14 years old for females female (Art. 5)
subject to stipulations.
• Marriage settlements must be within limits of Family Code. o Art. 107 in
relation to Art. 88: Future spouses cannot stipulate in their marriage settlement that
 The authority of the solemnizing officer A marriage that is not void when either or &
was absolute, & good faith of the parties in both of the contracting parties believed in 3) A marriage ceremony which takes place with the appearance of the contracting
said authority is irrelevant good faith that the solemnizing officer had parties before the solemnizing officer & their personal declaration that they take
the authority to solemnize their marriage each other as husband & wife in the presence of not less than 2 witnesses of legal
Those living together as husband & wife Those living together as husband & wife age.
could marry without a marriage license if could marry without a marriage license if
they suffered from no legal impediment to they lived together for a 5-year period & Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab
their marriage for the entire 5-year period suffered no legal impediment at the time of initio, except as stated in Art. 35 (2).
the marriage A defect in any of the essential requisites shall render the marriage voidable as provided in Art.
There is no stipulation in the Civil Code a A subsequent marriage is void if the former 45.
void subsequent marriage due to failure to spouses fail to liquidate their property after An irregularity in the formal requisites shall not affect the validity of the marriage but the party
liquidate properties of a previous marriage the finality of a nullity decree (Art. 40, 52, or parties responsible for the irregularity shall be civilly, criminally, & administratively liable.
43)
Art. 5. Any male or female of the age of 18 years or upwards not under any of the impediments
Mistake in identity was an instance of fraud Mistake in identity makes a marriage void mentioned in Art. 37 & 38 may contract marriage.
that made the marriage annullable ab initio (Art. 35)
Art. 6. No prescribed form or religious rite for the solemnization of the marriage is required. It
shall be necessary, however, for the contracting parties to appear personally before the
Default property regime is the conjugal Default property regime is absolute solemnizing officer & declare in the presence of not less than 2 witnesses of legal age that they
property of gains community of property take each other as husband & wife. This declaration shall be contained in the marriage
certificate which shall be signed by the contracting parties & their witnesses & attested by the
solemnizing officer.
In case of a marriage in articulo mortis, when the party at the point of death is unable to sign the
CASE: Gomez v. Lipana marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the
Validity of a marriage is governed by the laws effective at the time of the celebration of the name of said party, which fact shall be attested by the solemnizing officer.
marriage
Facts: The SC was confronted with the issue of whether or not a 2 nd marriage is void and Legal Capacity
could be the subject of a collateral attack. • Refers to age; both parties must be 18 years old & above
Held: Though the law in effect at the time was the Civil Code of 1950, the Court used the • If any party is below 18, the marriage is void even if the parents of the underage party
Marriage Law of 1929 to determine the validity of the 2 nd marriage, which was the law in force consented
at the time the marriage was celebrated, in 1935. • Incestuous marriages (Art. 37) & marriages against public policy (Art. 38) are also not
allowed
Three Ways of Terminating Marriage in the Eyes of the Law • Married people cannot marry again, unless his previous marriage has been annulled or
1) Judicial Declaration of Nullity of Marriage (Art. 35) his case falls under “valid bigamous marriage” under Art. 41.
2) Judicial Declaration of Annulment (Art. 45)
3) Affidavit of Reappearance of the absent spouse (Art. 42) Contracting Parties Must Be of Different Sex
• From a human rights perspective, the sex of a contracting party should be considered at
Art. 2. No marriage shall be valid, unless these essential requisites are present: the time of the marriage, when the parties assert their gender identities
1) Legal capacity of the contracting parties who must be a male & a female; & • Established Philippine jurisprudence: your sex at birth is your sex forever, unless you
2) Consent freely given in the presence of the solemnizing officer have a condition9

Art. 3. The formal requisites of the marriage are: CASE: Silverio v. Republic
1) Authority of the solemnizing officer Sex is determined by visually looking at the genitals of a baby at the time of birth
2) A valid marriage license except in the cases provided for in Chapter 2 of this Title;
9 In the Philippines, amending of name in the birth certificate is a privilege, and not a right. There must be valid justification.
 Facts: Petitioner had a biological sex change from male to female through sex • Authority of the officer or clergyman will be presumed, in the absence of any showing to
reassignment surgery. He sought the amendment of his name in his birth certificate to the contrary.
reflect the change, as he wished to be married to his partner. • Solemnizing officer is not duty bound to investigate whether or not a marriage license has
Held: DENIED. The law does not legally recognize sex reassignment; the sex of an been duly & regularly issued by the local civil registrar.
individual upon his birth is immutable. o All the officer needs to know is that the license was issued by a competent official,
who is presumed to have ascertained the validity of the marriage prior to the
CASE: Republic v. Cagandahan issuance of the license
Where an individual has a condition giving him both male & female characteristics, SC o NOTE: A marriage can be solemnized without a license in situations provided in
lets individual decide his sex Art. 29 in relation to Art. 27 & 28, & Art. 34; but in these instances, the solemnizing
Facts: A woman had Congenital Adrenal Hyperplasia (CAR), which gives him both male officer must undertake the necessary steps to ascertain the ages & relationship of the
and female characteristics & organs, & it was expertly shown that she secreted both male contracting parties & the absence of legal impediment to marry.
and female hormones. She wished to be considered male. • Criminal penalties are imposable against persons who solemnize a marriage without
Held: GRANTED. Since individual is biologically intersex, she must be given the right to authority.
decide which sex she would prefer to be; in this case, male, especially since she has o Marriage Law of 1929, Sec. 38, as amended: Any priest or minister solemnizing
reached the age of majority. marriage, without being authorized by the Civil Registrar General, or who, upon
solemnizing marriage, refuses to exhibit this authorization in force when called
Consent upon to do so by the parties or the parents, grandparents, guardians or persons
• Must be freely given o Capability of intelligently understanding the nature & having charge shall be imprisoned.
consequences of the act o Consent may be implied o Marriage Law of 1929, Sec. 43: Any person who is not authorized to solemnize
• Must be made in the presence of a solemnizing officer marriage but who publicly advertises himself as such shall be imprisoned.
• P.D. 603, Art. 57: Parents should not force or unduly influence their child to marry a o Any priest convicted of moral turpitude or violation of the Marriage Law is
person he has not freely chosen disqualified from solemnizing marriage for 6 mos.-6 yrs.
• Total absence of consent makes a marriage void ab initio o BUT: Consent in marriage o NOTE: Judges need not register; their position grants them the power to solemnize
obtained through fraud, intimidation or undue influence makes the consent defective, so
that such marriage is annullable or voidable (vitiated consent) Valid Marriage License
• The consent requisite to the marriage relation need not be expressed in any special • A valid marriage license must be issued by the local civil registrar of the place where the
manner, or any particular form, so long as there is a manifestation that the contracting marriage application was filed
parties take each other as husband & wife
• License has a lifetime of 120 days from the date of issue and is effective in any part of the
• Proxy marriages are not allowed in the Philippines, as there is no personal declaration in Philippines
front of a solemnizing officer; however, proxy marriages celebrated abroad, when valid in
o The date of issue is the date of the signing of the marriage license by the local civil
said country is valid, as there is still a ceremony
registrar & is stamped in bold
o Not effective for marriages solemnized abroad
CLASS SCENARIO (A)
o Automatically canceled at the expiration of 120-day period if parties do not use it
Q: A woman has a solemnizing officer before her, & signs the marriage contract in his presence.
• Most requirements for the license are merely directory; their non-observance results only
She did not, however, declare verbally that she consented to the marriage. Is her declaration
in irregularity which will not make the marriage void or annullable:
valid?
o When the marriage license is issued in a place where the contracting parties do not
A: Her declaration is presumed, & need not be vocal. There is no specifically prescribed rite, so
long as there is a semblance of a declaration. reside
o When one of the contracting parties lies about their age to avoid getting parental
Authority of the Solemnizing Officer consent, marriage is still valid until annulled (Art. 45); or, when the party forges the
• The absence or presence of the authority of the solemnizing officer is what is important consent of the mother
• Local Government Code (which took effect on Jan. 1, 1992): Mayor of a city or o When one of the parties did not disclose a previous marriage in the license o When
municipality can solemnize a marriage one of the parties misrepresents his residence o When one of the parties falsely
 swears that he is not under guardianship o BUT where parties conceal that they are o Entered into by man and woman with capacity to marry o No compliance
of the same sex, or under 18, the marriage is void to statutory formalities such as marriage licenses o Consummation &
cohabitation
Marriage Ceremony o Reputation in such a way that the public will recognize the marital status
• State only recognizes ceremonial marriages, solemnized by authorized persons • The terms “spouse” & “husband & wife” refer only to solemnized marriages
• The Family Code does prescribe any particular form of marriage ceremony as long as the
minimum requirement imposed by law is met, that is – o Personal appearance before the Absence, Irregularities, Defect in Requisites
solemnizing officer o Declaration that they take each other as husband & wife o In the • General Rule: If there is an absence of essential or formal requisites of marriage, said
presence of at least 2 witnesses – an exchange of vows can be presumed from the marriage is void. o Marriage by proxy in the Philippines is void.
testimonies of these witnesses that the marriage took place o Getting married with an expired marriage license is void.
• Contracting parties may use any ceremony of their whim, or based on their religious • Exceptions:
beliefs o No marriage license but listed in Chapter 2, Title I of the Family Code (e.g.,
• The agreement, not the form in which it is couched, is what constitutes a contract o The marriage of two persons living in places where there is no means of transportation
failure of the solemnizing officer to ask the parties whether they take each other as allowing them to appear personally before the civil registrar, marriages between
husband & wife cannot be considered as a fatal omission, nor a cause for annulment. It is Muslims & other cultural minorities which follow their cultural practices)
sufficient that they signed the contract declaring each other as husband & wife. o Art. 35 (2) – When solemnizing officer has no authority, but either party believed in
o It is also sufficient when a man & woman appear before a justice, sign a statement good faith that he had it
setting forth that they had agreed to marry, & ask the justice to solemnize the • Defects in essential requisites makes the marriage voidable
marriage, & thereafter another document was signed by them & 2 witnesses • Irregularities in formal requisites do not affect validity of the marriage, except when
ratifying the first instrument contracting parties are 18-21 years old with no consent from parents (which makes the
• NOTE: Marriage certificate itself is not an essential or formal requisite of marriage. Thus, marriage annullable).
the absence of it does not make a marriage void or annullable. • The following are irregularities that do not affect the validity of a marriage:
o BUT the best evidence for the presumption of marriage is the marriage o Absence of two witnesses of legal age during ceremony o Marriage solemnized in a
certificate. Oral testimony of witnesses, family & certificates of baptized
place other than publicly in the chambers of the judge or in open court, in church,
children can only serve as proofs.
chapel, or temple, or in the office of the consul-general, consul or vice-consul
o Issuance of a marriage license in city or municipality not the residence of either of
Witnesses in a Marriage Ceremony
the contracting parties
• The absence of one or both witnesses is merely a defect in the formal requisite & does not
o Unsworn application for a marriage license
invalidate the marriage.
o Failure of the contracting parties to present original birth certificates or baptismal
o Every intendment of the law leans toward legalizing matrimony, as it is the basis of
certificate to the local civil registrar who likewise failed to ask for the same
human society throughout the civilized world.
o Failure of the contracting parties between the ages of 18-21 to exhibit consent of
• The parties responsible for the lack of witnesses will be made civilly, administratively, &
parents or persons having legal charge of them to local civil registrar
criminally liable.
o Failure of the parties between ages 21-25 to exhibit advice of parents to the local
• The most important part: the ceremony in front of the solemnizing officer with authority
(who represents the State) & the declaration of the two contracting parties that they are civil registrar
husband & wife. o Exchange of vows is the vital part of the ceremony that witnesses o Failure to undergo marriage counseling o Failure of local civil registrar to post
testify about. required notices o Issuance of a marriage license despite absence of publication or
prior to completion of 10-day publication period
Common Law Marriages not recognized in the Philippines o Failure of contracting parties to pay prescribed fees for marriage license o
• Philippines requires the ceremonial & solemnization aspect of marriage Failure of the person solemnizing the marriage to send copies of the
• Common law marriage: non-ceremonial or informal marriage by agreement, hence not marriage certificate to the local civil registrar
recognized in the Philippines o Failure of the local civil registrar to enter the applications for marriage licenses filed
with him in the registry book in the order in which they are received
CASE: McClurg v. Terry – U.S. Case • General Rule: Mere breach of a promise to marry is not an actionable wrong.
Marriage made in jest is void; mere words without true consent makes marriage void • But the damages incurred by the injured party are actionable if they can be proven,
Facts: Two 19 year-olds joke about getting married in front of their young friends, one of in accordance with Art. 21 of the Civil Code.
who was a justice of the peace. They actually go through with the ceremony, as is
tradition. The justice, thinking the marriage was serious, sent the certificate of marriage to CASE: Wassmer v. Velez
the proper registry. Is the marriage valid? The injured party in the breach of a promise to marry can claim damages if she proves that the
Held: INVALID. The intention of the parties to marry must be clearly shown. In the offender’s actions are contrary to good customs.
absence of such, the ceremony is not considered valid and no marriage exists. Facts: The bride was abandoned by her would-be groom days before the wedding, supposedly
because his mother did not wish for him to marry. As a result, the woman had to deal with
CASE: Republic v. Albios (2013) sending away the guests, canceling the wedding preparations which were already spent &
A marriage solemnized for a financial consideration is valid & not in jest. dealing with her emotional grief. Is she entitled to damages?
Facts: Albios paid Fringer, an American, US$2,000 to marry her so that she could obtain Held: YES. Even though as a general rule, a breach of promise to marry is not an actionable
U.S. citizenship. Later, she sought to have the marriage between her & Fringer nullified, wrong; in this case, the bride can claim damages under Art. 21 of the Civil Code, which
arguing that it was a marriage made in jest, & that both parties never really intended to be specifies that those who willfully injure others in ways that are contrary to good custom shall
married. Alternatively, Albios argued that the marriage was vitiated by fraud, & hence indemnify the injured party.
could also be considered annullable using this ground.
Held: The marriage is valid. The marriage in this case is not one made in jest; marriage Art. 7. Marriage may be solemnized by:
made in jest is one where there is complete absent of consent. Here, there was no jest to 1) Any incumbent member of the judiciary within the court’s jurisdiction;
undertaking the marriage – Albios & Fringer intended to be married, if only to create the 2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by
very bond necessary to make Albios a U.S. citizen. The marriage was thus not entered into his church or religious sect & registered with the civil registrar general, acting within
just as a joke. Furthermore, this marriage cannot be declared voidable on the ground of the limits of the written authority granted him by his church or religious sect &
fraud, for Art. 45 (3) provides the circumstances in which there is fraud sufficient to make provided that at least 1 of the contracting parties belongs to the solemnizing officer’s
a marriage voidable, & entering into a marriage for the sole purpose of evading church or religious sect;
immigration laws is not one of them. Albios & Fringer are thus validly married. 3) Any ship captain or airplane chief only in cases mentioned in Art. 31;
4) Any military commander of a unit to which a chaplain is assigned, in the absence of
CASE: Cosca v. Palaypayon the latter, during a military operation, likewise only in the cases mentioned in Art. 32;
Judge must ask to see marriage license before marrying the two parties; the absence of a 5) Any consul-general, consul, or vice-consul in the case provided in Art. 10.
marriage license, if not in exemptions, makes the marriage void.
Facts: A judge solemnized 2 marriages without having been shown valid marriage licenses Authorized Solemnizers of Marriage
and required the licenses after the marriage ceremony only. One of them married without a • The solemnizing officer represents the State, & thus should be limited to persons duly
license; the other had one but did not show it. authorized by the State
Held: The parties that simply failed to bring their license on the wedding date are validly • If ANY of the listed solemnizing officers fail to comply with any of the requisites
married; the parties that did not have a marriage license are in a void marriage. The judge, mandated by law for them to validly solemnize a marriage, such a marriage is generally
in both cases, is liable for his negligence. A judge is tasked with ascertaining the validity void on the ground of absence of a formal requisite, which is the authority of the
of the marriage before actually solemnizing it. solemnizing officer.
• Always: UNLESS either of the parties believed in good faith that the solemnizing officer
Marriage Contract had the authority to conduct the marriage (Art. 35 (2))
• The practice of a judge requiring the parties to sign the marriage contract first before
solemnization of the marriage is highly improper, if not illegal. Judges
• BUT a marriage solemnized by the judge in this irregular manner is not void or • Judges can solemnize a marriage only within their courts’ jurisdiction & not beyond it;
voidable, because a marriage contract is not a formal requisite of a valid marriage. such would be void unless it falls under the exception in Art. 35 (2)
• Judges must be incumbent, & not retired
Breach of Promise to Marry • CTA, Sandiganbayan, Court of Appeals & SC – national in scope
 • After solemnizing a marriage, it is highly irregular for a judge to collect fees for the § Unit – a battalion under the present table of organization & not a mere
ceremony; he cheapens his noble office when he does so. company
2. He or she must be a commissioned officer
CLASS SCENARIO (A) § His rank must begin from a second lieutenant, ensign & above
Q: The judge of Mandaluyong who is to solemnize the marriage of A & B says, “Let’s just meet 3. A chaplain must be assigned to such unit
in the marketplace in the city for your marriage.” Will the marriage be valid? A: VALID. As 4. Said chaplain must be absent at the time of marriage
long as the marketplace is in the jurisdiction of the judge, he still has the authority to solemnize § If the chaplain is present, he should be the one to solemnize the marriage,
a marriage. a power granted to him which proceeds from Art. 7(2). If he does not have
the qualifications listed therein, he is deemed absent as he cannot
Priest, Rabbi, Imam or Minister of any Church or Religious Sect solemnize a marriage
• Priest – one especially consecrated to the service of the divinity & the medium through o In other words, he must be of the same religion as the at least one of the
whom worship is to be offered to the one being worshipped parties who will be acquiring marriage, he must have the written
• Authority of the priest extends only so far as his church members (e.g., a Catholic priest authority of his religious sect, he must be registered with the civil
can only marry a couple if at least 1 of them is Catholic) registrar general
• The following essential requisites give these officers authority: 5. The marriage must be in articulo mortis
1. Must act within the limits of the written authority granted to him or her by the 6. The contracting parties, whether members of the armed forces or civilians,
church or religious sect must be within the zone of the military operation
§ This may impose a limitation on where he can solemnize a marriage § “Within the zone of military operation” – presumes widespread military
• Ex. Catholic priests are only allowed to solemnize marriages within the area of the activity over an area & does not refer to a simulated exercise because it
diocese or the place allowed by his Bishop requires the absence of civilian authorities
2. Must be registered with the civil registrar general § Includes maneuvers, police actions, declared & undeclared war, civil war,
3. Must be duly authorized by his or her church or religious sect rebellion, etc. as the law may provide
4. At least 1 of the parties contracting the marriage should be a member of his or 7. Generally, the ship must be at sea or the plane must be in flight, or during
her church or religious sect stopovers at ports of call (as the voyage is not yet deemed terminated)
• A commander may solemnize a marriage even though the contracting parties do not
CLASS SCENARIO (A) belong to his unit
Q: X & Y are Catholics. A Protestant priest dresses in Catholic priest garments & insists he
is Catholic. X & Y are presumed to have good faith. Is the marriage valid? A: Yes, but Consul-General, Consul, or Vice Consul (CG, C, VC) (Art. 9, Vienna Convention of 1963)
only because there is good faith. In the absence of good faith, the solemnizing officer had • Does not include –
no authority to solemnize their marriage. 1. Ambassadors; ambassadors are appointed, whereas consul-generals, consuls
& vice consuls are career officers
Ship Captain or Airplane Chief 2. Consul agents
• Requisites for authority of the solemnizing officer: • They can solemnize a marriage abroad only when both contracting parties are
1. The marriage must be in articulo mortis (at least one of the parties is at the Filipinos o They also perform the duties of the local civil registrar, such as issuance of
point of death) marriage license
2. The marriage must be between passengers or crew members • Solemnities established by Philippine laws shall be observed in their execution (Art.
3. Generally, the ship must be at sea or the plane must be in flight, or during 17, Civil Code) o Contracting parties shall appear personally before the CG, C, VC’s
stopovers at ports of call (as the voyage is not yet deemed terminated) office abroad & declare in the presence of at least 2 witnesses of legal age that they take
• Assistant pilots do not have the authority to solemnize a marriage, even if the pilot dies & each other as husband & wife
the assistant assumes command of the plane o Declaration will be in the marriage certificate signed by the contracting parties &
their witnesses & attested by the solemnizing officer
Military Commander o If contracting parties want their marriage in a place other than the CG, C, VC’s
• Requisites for authority of the solemnizing officer: office, they shall request the said official in writing
1. He or she must be a commander of a unit
 • A marriage between a Filipino & a foreigner abroad solemnized by a Philippine consul is 2. When both parties are in a remote place
void, unless the host country recognizes the marriage as valid, in which case, such 3. When BOTH parties request a solemnizing officer in writing, in which case the
marriage shall be considered valid in the Philippines marriage may be solemnized at a place designated by them in a sworn
• Marriages solemnized by C, VC, CG within the territory of the Philippines is void statement to that effect

Mayor Art. 9. A marriage license shall be issued by the local civil registrar of the city or
• Local Government Code took effect on Jan. 1, 1992, allowing a mayor to solemnize a municipality where either of the contracting party habitually resides, except in marriages
marriage within his jurisdiction where no license is required in accordance with Chapter 2 of this Title.
• When the mayor is temporarily incapacitated to perform his duties for physical or legal
reasons such as, but not limited to, leave of absence, travel abroad, & suspension from Place of Issue
office, the vice mayor or the highest ranking sangguniang bayan member shall • Marriage license from the local civil registry in the city or municipality where either of
automatically exercise the powers & duties of the local chief executive concerned, them resides
INCLUDING the authority to solemnize marriages • But not getting a marriage license where either of them resides is merely an irregularity
which will not render the marriage null & void on that basis alone
Good Faith of Parties
• Art. 35 (2) – If the marriage was solemnized by a person not legally authorized to Republic Act No. 10354 (Responsible Parenthood & Reproductive Health Law of 2012)
solemnize a marriage & either of the contracting parties believed in good faith that such • The local civil registrar can only issue a marriage license if the applicants present a
solemnizing officer had such authority, then the marriage shall be considered as valid. certificate of compliance issued for free by the Family Planning Office certifying that
they had duly received adequate instructions & information on responsible parenthood,
CLASS SCENARIO (A) family planning, breastfeeding, & infant nutrition.
Q: X is getting married. X’s solemnizing officer is her uncle, who is a priest. X & her
husband, Y, know that her uncle’s license is expired. But her uncle thought it was already Art. 10. Marriages between Filipino citizens abroad may be solemnized by a
renewed & assured them of this fact. The marriage was celebrated. Months later, the uncle consulgeneral, consul or vice-consul of the Republic of the Philippines. The issuance of
admits that his license wasn’t renewed after all. the marriage license & the duties of the local civil registrar & of the solemnizing officer
A: Though Art. 35(2) seems to provide an exception to the rule on the authority of the with regard to the celebration of marriage shall be performed by said consular official.
solemnizing officer, such an exemption requires good faith, which in turn requires due
diligence. Thus, the marriage is void, because there was no due diligence in making sure Art. 11. Where a marriage license is required, each of the contracting parties shall file
the license was not expired on the part of the spouses. It was the priest who acted in good separately a sworn application for such license with the proper local civil registrar which
faith, not X & Y. shall specify the following:
1) Full name of contracting parties
Art. 8. The marriage shall be solemnized publicly in the chambers of the judge or in open 2) Place of birth
court, in the church, chapel or temple, or in the office of the consul-general, consul or vice- 3) Age & date of birth
consul as the case may be, & not elsewhere, except in the cases of marriage contracted at 4) Civil status
the point of death or in remote places in accordance with Art. 29 of this Code, or where 5) If previously married, how, when, & where the previous marriage was dissolved or
both of the parties request the solemnizing officer in writing in which case the marriage annulled
may be solemnized at a house or place designated by them in a sworn statement ot that 6) Present residence & citizenship
effect. 7) Degree of relationship of the contracting parties 8) Full name, residence, &
citizenship of the father
Venue 9) Full name, residence, & citizenship of the mother
• Directory in nature; its non-observance will not invalidate a marriage, but can subject the 10) Full name, residence, & citizenship of the guardian or person having charge, in case
person who caused the violation to civil, criminal, or administrative liability the contracting parties has neither father nor mother & is under the age of 21 years.
• Exceptions to the rules on venue provided by law: The applicants, their parents or guardians shall not be required to exhibit their residence
1. Marriage contracted in articulo mortis certificate in any formality in connection with the securing of the marriage license.
 annulment or declaration of nullity of his or her previous marriage. In case the death
Purpose of the documentary requirements certificate cannot be secured, the party shall make an affidavit setting forth the
• The local civil register is tasked with making sure the documentary proof is accomplished circumstance & his or her actual status & the name & date of death of the deceased
& his job is to secure publicity & to require a record to be made of the marriage spouse.
contracted
• Competent evidence of marriage, to discourage deception & seduction, & prevent illicit Art. 14. In case either or both of the contracting parties, not having been emancipated by a
intercourse under the guise of matrimony previous marriage, are between the ages of 18 & 21, they shall, in addition to the
• Evidence of the statues & legitimacy of the offspring of the marriage requirements in the preceding articles, exhibit to the local civil registrar, the consent to
their marriage of their father, mother, surviving parent or guardian, or persons having
Marriage Application legal charge of them in the order mentioned. Such consent shall be manifested in writing
• Can be obtained by anybody by the interested party who personally appears before the proper local civil registrar, or in
• Once it is signed & sworn to by the parties & thereafter filed, local civil registrar has no the form of an affidavit made in the presence of 2 witnesses & attested before any official
choice but to accept the application & process the same authorized by law to administer oaths. The personal manifestation shall be recorded in
• If the local civil registrar has knowledge of some legal impediment, he or she cannot both applications for marriage license, & the affidavit, if one is executed instead, shall be
discontinue the processing of the application. He must only note down the impediments in attached to said application.
the application & thereafter issue the license unless stopped by the court (Art. 18, FC)
No Emancipation by Marriage
Art. 12. The local civil registrar, upon receiving such application, shall require the presentation • There is no more emancipation by marriage under the Family Code; emancipation is
of the original birth certificates or, in default thereof, the baptismal certificates of the attained if the child reaches the age of 18 year as of R.A. 6809 (Dec. 13, 1989).
contracting parties or copies of such document duly attested by the persons having custody of • Previously, age of majority was 21 years old
the original. These certificates or certified copies of the documents required by this article need • Marrying age & age of majority is now 18 years old
not be sworn to & shall be exempt from the documentary stamp tax. The signature & official • “Not having been emancipated by previous marriage” is now repealed
title of the person issuing the certificate shall be sufficient proof of its authenticity.
If either of the contracting parties is unable to produce his birth or baptismal certificate or a Parental Consent
certified copy of either because of the destruction or loss of the original, or if it is shown by an • This is needed when one of the contracting parties is at least 18 years old but above
affidavit of such party or of any other person that such birth or baptismal certificate has not yet & below 21 years of age; in this case, consent of the persons having legal charge of
been received though the same has been required of the person having custody thereof at least them will be necessary, in the following order: o Father o Mother
15 days prior to the date of the application, such party may furnish in lieu thereof his current o Surviving parent
residence certificate or an instrument drawn up & sworn to before the local civil registrar o Guardian or persons having legal charge of them
concerned or any public official authorized to administer oaths. Such instrument shall contain • Non-compliance with the parental consent makes a marriage valid until it is annulled
the sworn declaration of 2 witnesses of legal age, setting forth the full name, residence, & (Art. 45, FC)
citizenship of such contracting party & of his or her parents, if known, & the place & date of o The statutes which forbid the issuance of the license without consent are only
birth of such party. The nearest of the kin of the contracting parties shall be preferred as
directory, in the absence of a statute declaring such a marriage void
witnesses, or, in their default, persons of good reputation in the province of the locality.
o Persons above 18 can legally & validly marry
The presentation of the birth or baptismal certificate shall not be required if the parents of
• If any of the contracting parties is below 18, the marriage is void regardless of
the contracting parties appear personally before the local civil registrar concerned &
consent
swear to the correctness of the lawful age of said parties, as stated in the application, or
• For foreigners: A foreigner must obtain a Certificate of Legal Capacity from his
when the local civil registrar shall, by merely looking at the applicants upon their
embassy to be able to validly marry in the Philippines. But the U.S. Embassy does
personally appearing before him, be convinced that either or both of them have the
not execute Certificates of Legal Capacity; the Embassy will just issue an affidavit,
required age.
which some cities do not accept (e.g., Makati, Q.C.)
• If you do not bring a birth certificate or other proof of age, but it is obvious you are
Art. 13. In case either of the contracting parties has been previously married, the applicant old just by looking at you, the marriage is valid.
shall be required to furnish, instead of the birth or baptismal certificate required in the last
preceding article, the death certificate of the deceased spouse or the judicial decree of CLASS SCENARIO (A)
Q: What if X was 17.5 years old when all the documents & requisites were prepared, but X got
married to Y at the age of 18, is the marriage between X & Y valid? Art. 17. The local civil registrar shall prepare a notice which shall contain the full names &
A: Yes, the marriage is valid. In terms of legal capacity, the marriage is valid, as X had already residences of the applicants for a marriage license & other data given in the applications.
been 18 when the marriage was contracted. The license, however, was defectively issued. But The notice shall be posted for 10 consecutive days on a bulletin board outside the office of
this defective issuance is deemed to be a mere irregularity. The local civil registrar who issued the local civil registrar located in a conspicuous place within the building & accessible to
the license could be held liable depending on the circumstances. the general public. This notice shall request all persons having knowledge of any
impediment to the marriage to advise the local civil registrar thereof.
Q: What if father disagrees to the marriage, but the mother agrees? Can the local civil registrar The marriage license shall be issued after the completion of the period of publication.
suspend the license?
A: No. The local civil registrar cannot withhold the license even if it is defective, unless he goes Duty of the Local Civil Registrar
to court & gets an injunction through the court; OR if the applicant is a foreigner with no • The marriage license shall be issued after the completion of the period of publication.
documents from the embassy. • If parties are 21-25 years of age & do not obtain the advice of their parents, or if such
advice is unfavorable, the local civil registrar shall not issue the license till after 3
Q: X is a local civil registrar who one day forgot to bring his glasses to work. A couple came months following the completion of the publication therefor. o BUT: If the marriage
before him without birth or baptismal certificates, but through his blurred eyes they looked license is somehow issued within the 3-month period & the couple get married, their
about 50. He approved their license without recording defects. It turns out, both of the marriage is valid & not annullable.
contracting parties were actually just 20 years old, but they already got married after the • If there is no consent for those 18-21 years of age, there is no 3-month period of
registrar issued their license. Is their marriage valid? A: Yes, the marriage is valid, as they are withholding; the license is automatically released.
both within the age of legal capacity. • If the couple is not able to obtain parental consent (for 18-21 years old) or parental
advice (for 21-25 years old), the failure of the parties to attach their certificate for
Art. 15. Any contracting party between the ages of 21 & 25 shall be obliged to ask their parents marriage counseling will suspend the issuance of the license for a period of 3 months
or guardian for advice upon the intended marriage. If they do not obtain such advice, of it be from the completion of the publication of the application.
unfavorable, the marriage license shall not be issued until after 3 months following the o Issuance of the marriage license within the prohibited period will make the issuing
completion of the publication of the application therefor. A sworn statement by the contracting officer administratively liable, but it shall not affect the validity of the marriage.
parties to the effect that such advice has been sought, together with the written advice given, if
any, shall be attached to the application for marriage license. Should the parents or guardian Art. 18. In case of any impediment known to the local civil registrar or brought to his
refuse to give any advice, the fact shall be stated in the sworn statement. attention, he shall note down the particulars thereof & his findings thereon in the
application for a marriage license, but shall nonetheless issue said license after the
Art. 16. In cases where parental consent or parental advice is needed, the party or parties completion of the period of publication, unless ordered otherwise by a competent court at
concerned shall, in addition to the preceding articles, attach a certificate issued by a priest, his own instance or that of any interested party. No filing fee shall be charged for the
imam or minister, authorized to solemnize marriage under Art. 7 of this Code or a marriage petition nor a corresponding bond required for the issuance of the order.
counselor duly accredited by the proper government agency to the effect that the contracting
parties have undergone marriage counseling. Failure to attach said certificate of marriage Art. 19. The local civil registrar shall require the payment of the fees prescribed by law or
counseling shall suspend the issuance of the marriage license for a period of 3 months from the regulations before the issuance of the marriage license. No other sum shall be collected in
completion of the publication of the application. Issuance of the marriage license within the the nature of a fee or a tax of any kind for the issuance of said license. It shall, however, be
prohibited period shall subject the issuing officer to administrative sanctions but shall not affect issued free of charge to indigent parties, that is, those who have no visible means of
the validity of the marriage. Should only one of the contracting parties need parental consent or income or whose income is insufficient for their subsistence, a fact established by their
parental advice, the other party must be present at the counseling referred to in the preceding affidavit, or by their oath before the local civil registrar.
paragraph.
Investigative power of LCR & Court Intervention
Parental Advice • LCR cannot withhold the license; he can only note down the particulars of the
• Absence of parental advice does not affect marriage; it does not even qualify as a impediments & his findings in the application for a marriage license
ground for annulment
 • LCR is duty-bound to issue license after the payment of necessary fees, after the • Citizens of any foreign country may contract marriage in the Philippines, but they must
completion of the period of publication or the 3-month period for those who did not get secure a marriage license locally
parental advice or marriage counseling • To get a license, they must submit a certificate of legal capacity – the Philippines
o BUT: Recall that parties who are indigent need not pay the fees adheres to the national law of the contracting parties with respect to their legal capacity
• Purpose of Art. 18 is to “eliminate any opportunity for extortion.” to contract marriage o If a 16-year-old is allowed to marry in U.S., then the American
• Only court intervention can empower the LCR to refuse to issue said license. This can can also validly marry in the Philippines.
be brought either by (1) the LCR himself or (2) interested parties. o Without the certificate of legal capacity, the local civil registrar will not issue the
o “Interested parties” – contracting parties’ parents, brothers, sisters, existing spouse, marriage license.
if any, & those who will be prejudiced by the marriage • Certificate of legal capacity is a necessary requisite for foreigners, & is the only
o If, despite the court injunction, the LCR issues the license, the marriage solemnized exception to the rule (aside from court intervention) that the LCR cannot withhold a
through that license will still be valid. But the party responsible for the irregularity license o BUT: If a license is issued without a certificate of legal capacity, the marriage
shall be held civilly, criminally, & administratively liable. celebrated on the basis of such license will still be considered valid.
• If the foreigner is stateless or is a refugee, they shall be required to file an affidavit
Criminal Liability of LCR stating the circumstances showing such capacity to contract marriage in lieu of the
• Marriage Law of 1929 has laws regarding the liability of the LCR, which were never certificate of legal capacity
repealed • If two citizens of a foreign country desire to have their marriage solemnized by their
o Influencing parties in religious respects – Any LCR who tries to directly or country’s consul-general officially assigned in the Philippines, they can get married
indirectly influence the contracting party to marry or refrain from marrying in any before said officer without procuring a marriage license in the Philippines if their
church, sect, or religious or before a civil authority shall be guilty of a misdemeanor country’s laws allow the same. Such marriage will be recognized in the Philippines.
& may be imprisoned
o Illegal issuance or refusal of license – Any LCR who issues a license unlawfully or CLASS DISCUSSION (A)
maliciously refuses to issue a license to a person entitled thereto or fails to issue the Q: What are the two instances under the Family Code that a LCR may validly refuse to
same within 24 hours after the time when, according to law, it was proper to issue issue a license?
the same, shall be punished & may be imprisoned & fined A: These are –
(1) When a foreigner wants to get married in the Philippines but does not submit a
Art. 20. The license shall be valid in any part of the Philippines for a period of 120 days from certificate of legal capacity
the date of issue, & shall be deemed automatically cancelled at the expiration of said period if (2) When the court orders the LCR not to issue the license upon petition of the LCR
the contracting parties have not made use of it. The expiry date shall be stamped in bold himself or any interested party.
characters at the face of every license issued.
Art. 22. The marriage certificate, in which the parties shall declare that they take each other as
Marriage License & Date of Issue husband & wife, shall also state:
• License is valid only within the Philippines & not abroad 1) The full name, age, & sex of each contracting party;
• The date of the signing of the LCR is the date of issue 2) Their citizenship, religion, & habitual residence;
3) The date & precise time of the celebration of marriage;
• From the date of issue, it should be claimed by the parties o If it is not claimed &
4) That the proper marriage license has been issued according to law, except in marriages
therefore not used within 120 days, it shall automatically become ineffective
provided for in Chapter 2 of this Title;
5) That either or both of the contracting parties have secured the parental consent in
Art. 21. When either or both of the parties are citizens of a foreign country, it shall be necessary
appropriate cases;
for them before a marriage license be obtained, to submit a certificate of legal capacity to
6) That the parties have entered into a marriage settlement, if any, attaching a copy
contract marriage, issued by their respective diplomatic or consular officials. Stateless persons
thereof.
or refugees from other countries shall, in lieu of the certificate of legal capacity, submit an
affidavit stating the circumstances showing such capacity to contract marriage.
Art. 23. It shall be the duty of the person solemnizing the marriage to furnish either of the
contracting parties the original of the marriage certificate referred to in Art. 6 & to send the
Certificate or Affidavit of Legal Capacity
duplicate & triplicate copies of certificate not later than 15 days after the marriage, to the
 LCR of the place where the marriage was solemnized. Proper receipt shall be issued by the § BUT mere cohabitation is not direct proof of marriage; it must be
LCR to the solemnizing officer transmitting copies of the marriage certificate. The proved by the proper documents or by oral
solemnizing officer shall retain in his file the quadruplicate copy of the marriage testimony
certificate, the original of the marriage license &, in proper cases, the affidavit of the § Cohabit: to live together, to have the same habitation, so that
contracting party regarding the solemnization of the marriage in a place other than those where one lives & dwells, there does the other live & dwell with
mentioned in Art. 8. him
§ More than mere living together: it must be an association,
Presumption of Marriage consciously & openly, as husband & wife
• A lawful contract of marriage is the presumption, unless it is contradicted & o Birth certificates o Juridical decisions o Solemn
overcome by satisfactory evidence statement in the will of a deceased o Parol evidence
• Every intendment leans towards legalizing matrimony (oral testimony) o Family bible
• One of the strongest in law, especially when the legitimacy of the children is involved § In which the names of the spouses have been entered as
• Persons dwelling together in apparent matrimony are presumed, in the absence of any married
counter-presumption or evidence special to the case, to be in fact married o Testimony by the parties or the witnesses to the marriage, or by the person
• ONCE the celebration of marriage is shown, the contract of marriage, the capacity of who solemnized the marriage
the parties, & everything necessary to the validity of the marriage will be presumed § Witness & testimony must be credible & competent
o Credible testimony of witnesses that the wedding took place gives rise to the § To be sufficient, the witness should disclose not only the
presumption that the exchange of vows took place performance of the ceremony by someone, but that all
o SEMPTER PRESUMITUR PRO MATRIMONIO: Always presume marriage circumstances attending it were such as to constitute a valid
o If the first wife is still living, & it is the second marriage that is being questioned, marriage
it is the presumption that the former marriage with the first wife has been legally • NOT admissible:
dissolved, in the absence of proof of the contrary o Transfer Certificates of Title o
Residence Certificates o Passports
Proof of Evidence o Documents of a similar nature
• Marriage may be proved by evidence of any kind § Especially true when there is certification from the LCR
• Best: Certificate of Marriage o Mere Photostat copy is a worthless piece of concerned that the alleged marriage is not registered, or
paper certification from the supposed solemnizing officer that he
§ UNLESS such copy emanated from the Office of the LCR & is did not solemnize the marriage
duly certified by the LCR as an authentic copy of the records in o A Certificate of Marriage made many years after the marriage, especially
his office (admissible as evidence) when there are no official records
§ If Photostat copy is presented without objection by opposing • Any officer, priest or minister who fails to deliver to either of the contracting parties
party, copies are deemed sufficient proof the original Certificate of Marriage or to forward the other copy to the authorities
o Failure to present this is not fatal in a case where marriage is in dispute; there within the fixed period shall be punished with imprisonment for not more than 1
is still presumption of marriage month or a fine by not more than 300 pesos, or both, at the discretion of the court
§ CASE: Rivera v. IAC – It was shown that the marriage certificate
was burned during the war. Despite the absence of the certificate, CASE: Vda. De La Rosa v. Heirs of Mariciana Rustia Vda. De Damian Absence of a
the marriage was still presumed because it was shown that record of the contested marriage does not necessarily prove that a marriage does not
husband & wife lived together for many years & had many exist, if extensive proof that the marriage was valid exists Facts: The petitioner contests
children the validity of a marriage, on the basis that there was no official record of the marriage.
• Official records of marriage are seen as more credible than even the testimony of the Held: The marriage was VALID. The following were used by respondents to prove the
parties themselves, in terms of establishing facts like dates existence of marriage, all of which the SC collectively took as prima facie evidence:
• ALSO admissible as proof: o Baptismal certificates o Public & open • Certificate of Identity, passports
cohabitation • Declaration under oath of one of the contracting parties that they were married
 • That one of the petitioners witnessed the proposal & knew they both lived together as Held: The marriage was INVALID. Even if birth certificate is admissible as evidence, the pieces
husband & wife of evidence disproving the marriage also have probative value & outweigh the proof of validity.
There was one document, the baptismal certificate, which stated that the woman who was
allegedly married was single, but the SC did not give this document much value since it Declaratory Relief
opined that the woman did not personally prepare the baptismal certificate. • Parties can ask for declaratory relief regarding their capacity to marry, given
their circumstances, if they are unsure that they can legally be married
Proof to Attack Validity of Marriage • Declaratory relief – brought by any person interested under a deed, will, contract
• Evidence must be strong, distinct & satisfactory o Not just a Certificate of or other written instrument or whose rights are affected by a statute, executive
Title stating that a person is single order, regulation, ordinance or other governmental regulation for the purpose of
• There MUST be a valid marriage license before a marriage takes place, minus the determining any question of construction or validity arising therefrom, & for a
exceptions in Chapter 2 of this Title o Obtaining a license in a place which is not the declaration of his or her rights or duties thereunder, provided that the action is
residence of any of the parties is an indication that it may be spurious, & requires brought before any violation or breach
further investigation
o Official certification from the Office of the LCR where the marriage license Art. 24. It shall be the duty of the LCR to prepare the documents required by this Title, & to
has been issued (based on the marriage certificate) that, after earnest effort administer the oaths to all interested parties without any charge in both cases. The documents &
to locate & verify the existence of the marriage license, no record has been affidavits filed in connection with applications for marriage licenses shall be exempt from
found, or is issued to another couple, or is fabricated, is a convincing documentary stamp tax.
evidence to destroy the validity of the marriage on account of no marriage
license Art 25. The LCR concerned shall enter all applications for marriage licenses filed with him
§ In one case, the Office of the LCR admitted that it did not exert full in a registry book strictly in the order in which the same are received. He shall record in
force in locating the license due to workload; SC did not allow the said book the names of the applicants, the date which the marriage license was issued, &
nullity of the marriage such other data as may be necessary.
• Uninterrupted marital life for 40 years should not be discredited after the death of the
husband through an alleged prior Chinese marriage, save upon proof that is clear, Effect of Duty of LCR
strong & unequivocal. • LCR is the specific government official charged with the preparation & keeping
o But if a man & woman live separately for many years (like the last 35 years of of all official documents in connection with marriage
their lives), presumption of marriage through cohabitation may be offset. • Any certification issued by him is given high probative value

CASE: Sy v. Court of Appeals Marriage Register

Proof that there was no marriage license when the marriage was celebrated makes the • LCR keeps a register of all persons married in its locality
marriage void • Things that are entered into the register: Name & address of each of the
Facts: According to the marriage contract of petitioner, the marriage took place on Nov. 15, contracting parties, age, place, & date of the solemnization, the names &
1973. The birth certificates of the children in this case also indicated this same date of marriage. addresses of the witnesses, the full name, address & relationship with the
However, the marriage license was issued on Sept. 17, 1974. Held: The marriage is void. The contracting party of the person who gave their consent, & the full name, title &
evidence clearly shows that there was no marriage license during the marriage. address of the person who solemnized the marriage (Civil Registry Law)

CASE: Sarmiento v. Court of Appeals *Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in
Multiple evidence of invalidity of marriage can outweigh the validity, especially when it force in the country where they are solemnized, & valid there as such, shall also be valid in
includes proof from official records this country, except those prohibited under Art. 35(1), (4), (5), (6), 36, 37 & 38. Where a
Facts: One side showed, for proof that the marriage existed, a birth certificate indicating the marriage between a Filipino citizen & a foreigner is validly celebrated & a divorce is
legitimacy of the child of the parties. The other, however, showed a transfer certificate of title thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry,
indicating that the man was a widower at such time, & a record of marriage of the LCR which the Filipino spouse shall likewise have capacity to remarry under Philippine law.
did not reflect the marriage.
Provisions Mentioned in Article
 • Art. 35 (1) – That either of the parties is below 18 years old, even with consent the properties from his first marriage, & deliver the presumptive legitime of the
of the parents children from the first marriage (Art. 40, 52, & 53)
• Art. 35 (4) – Bigamous or polygamous marriages, even if contracted abroad • A marriage by a Filipino to a psychologically incapacitated person, or if said Filipino
• Art. 35 (5) – Mistake in identity of one of the contracting parties is psychologically incapacitated
• Art. 35 (6) – Void subsequent marriages under Art. 53 • Same sex marriages
• Art. 36 – Psychological incapacity • Common-law marriages obtained abroad by Filipinos (though this is not listed in Art.
• Art. 37 – Incestuous marriages 26), due to absence of solemnization
• Art. 38 – Marriages against public policy • Incestuous marriages & those against public policy (Art. 37 & 38) o Courts can look
at the statutes of foreign countries to check if a marriage is not valid there
Validity Provision • Bigamous & polygamous marriages o Bigamy – a second marriage contracted by a
• General rule in the Philippines is lex loci celebrationis – meaning the law of the person who has a valid first marriage which has not been legally dissolved OR before
place where [the marriage] is celebrated o Validity of marriage in terms of the absentee spouse has been declared presumptively dead by means of a judgment
preliminaries, manner, & mode of its celebration is to be determined in reference rendered in the proper proceeding
to the law of the place where it is celebrated. § Art. 41, FC - a bigamous marriage may be recognized if one of the
o A marriage valid where celebrated will be regarded as valid spouses has been absent for 4 consecutive years, or 2 in cases
everywhere; where there is a bona fide attempt by the parties to effect where there is danger of death, & the spouse has a well-founded
a legal marriage, every assumption favors its validity belief that the absent spouse was already dead; the person gets
o A marriage void where it is celebrated is also void everywhere judicial declaration of presumptive death & can validly marry
§ If it would have been valid in the Philippines, but not where it is again, but without prejudice to the
celebrated, the marriage is still void reappearance of the absentee spouse
o Polygamy – An act or state of a person who, knowing that he has 2 or
A Matter of International Comity more wives, or that she has 2 or more husbands, marries another
• Legal effect given to marriages solemnized abroad is due to comity
• BUT no state is bound by comity to give effects in its courts to laws which are Proof of Foreign Marriage
repugnant to its own laws & policies • Foreign law must be proven as a question of fact
• Each state has the right to declare what marriages it recognizes, regardless of the o If foreign law is not pleaded or proved, the laws of such state, in
validity of said marriage abroad absence of proof of the contrary, will be presumed by the court to be
• Marriages celebrated abroad in accordance with the relevant foreign country’s laws the same as the laws of its own state
that would also be valid in the Philippines include: § CASE: Ching Huat v. Co Heong – A Chinese woman alleged that
o Proxy marriages o Marriages without valid licenses o Marriage she was married to a Filipino & that their marriage was solemnized in China
solemnized by a professor of law by a village leader. However, she failed to show proof of the marriage laws
• If a marriage is to be solemnized inside the Philippine consulate abroad, it must of China. SC presumed that the laws of China were the laws of the
observe the forms & solemnities established by Philippine laws Philippines, & invalidated the marriage because a village leader is not a
solemnizing officer in the Philippines. o Prior to 1991 - burden of proof:
Exceptions one who asserts validity of marriage celebrated abroad
• If either party is below 18 & both are Filipinos o If one is a foreigner, the Philippines o After 1991 - burden of proof: one who asserts invalidity of marriage
will follow the nationality rule as to him. Thus, the rules of his country regarding his celebrated abroad
legal capacity will be followed, & if the marriage is seen as valid by his country, the • Proof of the celebration of the marriage pursuant thereto by convincing evidence o
marriage can be celebrated, as long as the Filipino is 18 Upon proof of marriage in another jurisdiction, it is presumed that such marriage was
• Mistake of identity (whether it is the foreigner or the Filipino who committed the performed in accordance of the law of that jurisdiction
mistake)
• If a spouse who contracts the marriage abroad is able to annul or declare void his first Absolute Divorce
marriage but fails to record the judicial decree with the LCR, to partition & distribute
 • Two Filipinos, even living abroad, cannot obtain divorce o A Filipina woman who got can no longer be subject to a husband’s obligation under the law. The exwife lacks a cause of
a divorce from her Filipino husband in the U.S. technically committed adultery when action11 to be able to file for a JDNOM.
she dated other men, as the Philippines never recognized the divorce (Art. 15 & 17,
CC) CASE: Corpus v. Sto. Tomas
• The Philippines will recognize the divorce of two aliens committed abroad, as a A foreigner cannot file a petition for recognition of divorce under the 2 nd par. of Art. 26; only
matter of international comity o BUT: Foreign marital law & divorce decree must be the Filipino spouse can avail of this remedy However, said foreigner can register his foreign
duly proven & cannot be taken judicial notice of divorce decree in a civil registry office by filing a petition for recognition of foreign judgment
o This is because the Philippines adheres to the nationality rule – the law so that the foreign judgment (i.e., the divorce) will be recognized in the Philippines.
of the country of the person governs as to the person’s status or legal Facts: Corpuz was a former Filipino citizen who had since become Canadian. He married Sto.
capacity Tomas, a Filipina, in Pasig; at the time, he was already a Canadian citizen. When Sto. Tomas
• But a Filipino who has become a citizen of a foreign country which allows divorce cheated on him, he filed for & obtained a divorce in Canada. Subsequently, he met another
can validly contract it o For purposes of Art. 26, citizenship is to be determined at the Filipina & wanted to marry her. Corpuz went to the Pasig Civil Registry Office to register his
time of the divorce & not at the time of marriage Canadian divorce decree; however, he was informed that registering the decree would not
o If the Filipino returns to the Philippines & becomes a citizen of the suffice, & that he would need the court’s intervention. In compliance with this, Corpuz filed a
Philippines again, divorce will still be valid, & Filipino can validly petition for recognition of divorce &/or declaration of marriage as dissolved with the RTC. The
remarry RTC, however, denied Corpuz’s petition, holding that only a Filipino can avail of the remedy
• If the Filipino contracts a divorce with a foreigner, the divorce will be recognized on under the 2nd par. of Art. 26 to have a court recognize a divorce by the foreigner spouse. Corpuz
the part of the foreigner, but not on the part of the Filipino o A foreigner-spouse appealed.
cannot claim that he still has interest in the property of a Filipino acquired after said Held: The RTC was correct in holding that an alien can claim no right under the 2 nd par. of Art.
divorce 26, as it is a right established in favor of the Filipino spouse. The action under this paragraph
o A foreigner-spouse cannot file a criminal case for adultery if not only allows for recognition of the foreign divorce decree; it also capacitates the Filipino
Filipinoex-spouse has sex with another person spouse to remarry. No court in this jurisdiction, however, can make a similar declaration for the
alien spouse (other than that already established by the foreign divorce decree), because of the
Proving Foreign Divorce nationality rule – the foreign spouse’s status & legal capacity are governed by his national law
• Foreign divorce decree duly authenticated by the foreign court issuing said decree is as a general rule.
sufficient evidence of a divorce obtained o A foreign judgment merely constitutes HOWEVER, the unavailability of the 2 nd par. of Art. 26 to aliens like Corpuz does not mean
prima facie evidence of the justness of the claim of a party & is subject to proof of the that Corpuz has no legal interest to petition the RTC for the recognition of his foreign divorce
contrary decree. The foreign divorce decree itself, after its authenticity & conformity with the alien’s
• Reckoning point is the citizenship of a person at the time the divorce was obtained national law have been duly proven according to the Philippine rules on evidence, serves as
• Valid foreign decree of a divorce shall be given res judicata10 effect presumptive evidence of a right in favor of Corpuz. Because our courts do not recognize foreign
judgments & laws, the foreign judgment must be proven as well before the Philippines will
CASE: Bayot v. Court of Appeals consider Corpuz to truly be divorced.
Filipino with a dual citizenship can validly obtain a divorce abroad as a citizen of said country To prove the foreign divorce decree, Corpuz will have to present the following documents
& can no longer filed a case to declare the marriage void; proof of preferred citizenship can be for his petition to prosper:
seen by the evidence of the citizenship used when filling up official documents • The foreign divorce decree &
Facts: The petitioner wants to obtain a JDNOM so that she can once again contest the property • The national law of the alien
ownership of the property from their former marriage. She is a dual citizen, & is recognized as a These must be proven either by –
Filipino citizen, but she chose before, during, & shortly after her divorce to allow her American • Official publications, or
citizenship to govern her marital relationship, as evidenced by the Civil Decree she filed to • Copies attested by the officer having legal custody of the documents, AND
obtain the divorce. Furthermore, her property relations with her husband had been adjudged • A certificate issued by the proper diplomatic or consular officer in the Philippine
abroad. foreign service stationed in the foreign country in which the record is kept &
Held: The divorce was VALID. The wife can no longer attempt to re-fix the property relations authenticated by the seal of his office.
of her former marriage, even if she is now a Filipino citizen. After a divorce, the ex-husband
11 Cause of action: an act or omission of one party in violation of a legal right of another, giving rise to a right to file suit
10 A matter already adjudged
 Aside from the need to present these documents, in order to have the divorce of Corpuz & Art. 31. A marriage in articulo mortis between passengers or crew members may also be
Sto. Tomas recorded in the civil registry, a petition must be filed under Rule 108 of the solemnized by a ship captain or an airplane pilot not only while the ship is at sea or the plane is
Rules of Court. Rule 108 pertains to the rules which authorize the cancellation or at flight, but also during stopovers at ports of call.
correction of entries annotated in the civil registry. While the petition for recognition of the
foreign divorce decree is needed for the Philippines to take cognizance of the foreign Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise have the
judgment, the Rule 108 petition is what will allow for the recording of the divorce in the authority to solemnize marriages in articulo mortis between persons within the zone of military
civil registry. operations, whether members of the armed forces or civilians.
SC also pointed out, however, that the Rule 108 petition & the petition for recognition of
foreign judgment need not be pursued in separate proceedings. The recognition of the Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may
foreign divorce decree may be made in a Rule 108 proceeding itself. be performed validly without the necessity of a marriage license, provided they are solemnized
in accordance with their customs, rites, or practices.

Void & Voidable Marriages Art. 34. No license shall be necessary for the marriage of a man & a woman who have lived
• If a marriage is void or voidable abroad, it is void or voidable here too, as the case together as husband & wife for at least 5 years & without any legal impediment to marry each
may be; this is true even if the marriage would have been valid if other. The contracting parties shall state the foregoing facts in an affidavit before any person
celebrated in the Philippines o Ex. If a Filipino, while abroad, marries a person in authorized by law to administer oaths. The solemnizing officer shall also state under oath that
the residence of a judge, within that judge’s jurisdiction, this is valid in the he ascertained the qualifications of the contracting parties & found no legal impediment to the
Philippines. But if the law of that judge’s country declares the marriage to marriage.
be void, the marriage will also be void in the Philippines.
Exemption from Marriage License
CHAPTER 2: MARRIAGES EXEMPT FROM LICENSE REQUIREMENT • Art. 28, 31, 32, 33 & 34 list situations where the contracting parties do not need
to obtain a marriage license before being validly married. o Anchored on
Art. 27. In case either or both of the contracting parties are at the point of death, the necessity & practicality
marriage may be solemnized without necessity of a marriage license & shall remain valid • Various ethnic groups must comply with all other essential & formal requisites
even if the ailing party subsequently survives. under Art. 2 & 3 of the Family Code
o EXCEPTION: Muslims, who are governed by the Code of Muslim Personal
Art. 28. If the residence of either party is located so that there is no means of transportation Laws of the Philippines (Feb. 4, 1977)
to enable such party to appear personally before the LCR, the marriage may be solemnized
without necessity of a marriage license. Far Areas
• If the residence of either party is so located that there are no means of
Art. 29. In the cases provided for in the 2 preceding articles, the solemnizing officer shall transportation to enable personal appearance before the LCR, the marriage may
state in an affidavit executed before the LCR or any other person legally authorized to be solemnized without the marriage license
administer oaths that the marriage was performed in articulo mortis or that the residence of
either party, specifying the barrio or barangay, is so located & that the officer took the Solemnizing Officers under Art. 7 & Mayor
necessary steps to ascertain the ages & relationship of the contracting parties & the • All those authorized to solemnize a marriage under Art. 7 & the mayor are
absence of a legal impediment to the marriage. empowered to act as solemnizing officers even without a valid marriage license
if either or both of the contracting parties are at the point of death
Art. 30. The original of the affidavit required in the last preceding article, together with a legible • All officers must still comply with rules on jurisdiction & other requisites o
copy of the marriage contract, shall be sent by the person solemnizing the marriage to the LCR Ex. Consuls can only solemnize a marriage if both parties are Filipino
of the municipality where it was performed within 30 days after the performance of the
marriage. Chief Pilots & Ship Captains
• In articulo mortis
• For passengers & crew members only
 • Plane must be in flight, or ship at sea; it may be performed even during stopovers • In the 1950 Civil Code, the following conditions must be present for a
at ports of call commonlaw marriage to be validly solemnized without a license:
1) They must live as husband & wife for 5 years
Military Commander 2) They must have been unmarried for the entire 5 years
• Officer must be a commissioned officer o Rank should start from 2 nd 3) They must both be of legal age
lieutenant, ensign & above *In other words, there must be no legal impediment to marry for the entire 5year
• A commander of a unit o At least a battalion of an army whose strength is laid period
down by regulations • Under the present Family Code, a spouse living-in with his paramour can avail of
• In articulo mortis this exception & marry his paramour without a marriage license after the death
• In the absence of a chaplain (unless neither of the contracting parties are in the of his legal spouse without waiting for 5 years
same sect as the chaplain) • Contracting parties shall state the fact of their cohabitation for at least 5 years &
• Within the zone of military operation & during such military operation the absence of any legal impediment to marry in an affidavit before any
• Civilians or members of the armed forces person authorized by law to administer oaths o Solemnizing officer should also state
under oath that he ascertained the qualifications of the parties & found no legal
Muslim & Ethnic Groups impediment to the marriage
• In the Civil Code, as long as the marriages of ethnic groups, pagans, & Muslims o Failure of the solemnizing officer to investigate shall not invalidate the
were performed in accordance with their customs, rites, & practices, such marriage
marriages were considered valid.
o Formal requisites need not be complied with, including authority of the CASE: Cosca v. Palaypayon
solemnizing officers So long as at the time of the marriage, the parties had no legal impediment to marry, courts will
o BUT: This privilege that was good for 20 years from the time the Civil not invalidate a void marriage on the ground that the solemnizing officer failed to ascertain the
Code took effect qualifications of the parties who claimed to have cohabited with one another.
• Family Code now explicitly provides that the only requisite for marriage these Facts: A judge solemnized a marriage involving a party who was only 18 years of age without a
groups are exempted from complying with is the marriage license marriage license on the basis of an affidavit where the parties indicated that they already lived
• Only two groups have a separate law governing their marriages o together as husband & wife for 6 years.
Muslims – Code of Muslim Personal Laws o R.A. 6766: The Organic Held: SC held the judge acted improperly, because the likelihood that they had lived together
Act for the Cordillera Autonomous Region for 6 years already, when one of the parties was only 18, was very low. Nevertheless, SC did
§ Marriages solemnized between or among members of the not state that the marriage was void because, at the time of the marriage ceremony, the parties
indigenous tribal group or cultural community in accordance with had no legal impediment to marry
the indigenous customary laws of the place shall be valid, & the
dissolution thereof in accordance with these laws shall be CASE: De Castro v. Assidao-De Castro
recognized If there is no cohabitation for 5 years & no marriage license, the marriage is void
• All other ethnic groups are subject to the provisions of the Family Code Facts: There was evidence that the contracting parties had not cohabited together for 5 years;
yet, they failed to obtain a marriage license. It turned out the parties made false statements in
Cohabitation for 5 Years their affidavit so they could marry without the license.
• Two conditions must be fulfilled: Held: The marriage is void. The absence of the license cannot be considered a mere irregularity
becomes the 5-year period is the substantial requirement of the law to be exempted from
1) They must live as such for at least 5 years characterized by exclusivity &
obtaining a marriage license.
continuity that is unbroken
2) They must be without any legal impediment to marry each other (at the time
Directory Requirements
of the actual marriage celebration)
• Both conditions must concur, but do not need to qualify each other. • Art. 29 & 30 are merely directory in character & absence will not render
marriage void or annullable.
o They need not be without legal impediment throughout the entire 5
years. • Priests, ministers, & officers who, having solemnized a marriage in articulo
mortis or any other marriage of an exceptional character, shall fail to comply
 with the provisions of Chapter 2, Title I of the Family Code shall be punished by Prescriptive For direct proceeding – only during the Only during the lifetime of
imprisonment, fines, or both. Period lifetime of the parties the parties

CHAPTER 3: VOID & VOIDABLE MARRIAGES For collateral attack – no prescription

Who can Any interested parties can assail Only parties of marriage can
Art. 35. The following marriages shall be void from the beginning: Assail assail
1. Those contracted by any party below 18 years of age even with the consent of the Legitimacy Generally, children conceived & born Children are legitimate
parents or guardians; of Children inside a void marriage are illegitimate
2. Those solemnized by any person not legally authorize to perform marriages unless
such marriages were contracted with either or both parties believing in Except:
good faith that the solemnizing officer had the legal authority to do so; Art. 54 – in relation to psychological
3. Those solemnized without a license, except those covered by the preceding incapacity, Art. 53 (failure to record
Chapter; judicial declaration, partition &
4. Those bigamous & polygamous marriages not falling under Art. 41; distribute)
5. Those contracted through mistake of one contracting party as to the identity of
*NOTE: If a person in a void marriage
the other;
fails to get a JDNOM & remarries, the
6. Those subsequent marriages that are void under Art. 53.
child is illegitimate (Art. 40)12
Void Marriages Property Co-ownership (Art. 147/148) Conjugal partnership of gains
• A marriage that is not valid from inception Regime (or absolute community)
• Art. 35, 36, 37, 38, 40, 41, 44 & 53 in relation to Art. 52 of the Family Code Except:
enumerate marriages which are void Art. 40 – marriages that are void due to
• Only marriages declared void by legislature can be treated as such o Thus: failure to obtain a JDNOM for the 1st
Because the law does not state such would be void, a stepbrother & stepsister can marriage of one of the spouses
marry each other; so can a guardian & his or her ward
• Multiple grounds for a void marriage may co-exist in one case o A petition for *BUT NOTE: If only Art. 40 is complied
declaration of nullity, without any other incidental prayers like support, deals with, without Art. 52, the regime is
with only 1 cause of action, which is the invalidity of the marriage from the coownership13
beginning
o There can thus be multiple grounds, but only 1 cause of action - the Void Marriage Not Subject to Ratification
nullity of the marriage • A void marriage can never be ratified or cured by acts of the contracting parties;
nor can acquiescence or estoppel apply.
Void & Voidable Marriages o If a contracting party states under oath in his application that he is 21 years
of age when he is actually 16 when the marriage was solemnized, the
Void Marriages Voidable Marriages marriage is still void & can still be judicially declared void.
Status of the Considered as having never taken place Valid until otherwise declared o If the parties state that they have been cohabiting for 5 years already when
Marriage & cannot be the source of rights by court they have only cohabited for 2, the marriage is void.
Ratification No ratification Generally ratifiable by free
cohabitation or prescription
12 If a man marries a 2nd woman after failing to obtain a JDNOM for his 1st marriage, his children with the woman will be illegitimate. But if he
Type of Can be assailed collaterally & directly, Cannot be assailed obtained a JDNOM, & merely failed to record the JDNOM & distribute & partition his properties, his children with the 2 nd woman are
Attack that but only the spouses themselves may collaterally; only in a direct legitimate.
13 If a spouse fails to get a JDNOM for his 1st marriage & remarries another woman, his property regime will still be ACP/CPG when he
is allowed assail it directly proceeding dissolves his marriage with 2nd woman. But if the same spouse obtains a JDNOM, but fails to record it, distribute & partition, the regime of his
marriage with the 2nd woman will be co-ownership.
 • SC in Mallion v. Alcantara – A petitioner cannot first file a petition for nullity of
his marriage based on 1 ground (psychological incapacity) & then subsequently CASE: Chi Ming Tsoi v. Court of Appeals
file another (for lack of a marriage nullity); a case for nullity involves only 1 That the party who is accused of being psychologically incapacitated is the one who files
cause of action, so all the grounds must be listed in that 1 cause; not having the case is immaterial; good faith or bad faith does not serve to change the status of a void
invoked the other ground in the 1 st place, the petitioner is considered to have marriage.
impliedly admitted the validity of the celebration of the marriage, thereby Facts: Chi Ming Tsoi has a 3-inch penis & his wife believes he is incapable of sex or that
waiving said defect o Sta. Maria thinks this case is wrong for valuing procedural he might be gay, as he has refused to sleep with her for a number of months already. Chi
over substantive law; he argues no amount of waivers, ratification, estoppel, etc. Ming Tsoi, on the other hand, says it is his wife that is psychologically incapacitated, &
can validate a void marriage. that he is willing to make the marriage work.
• Held: Marriage is VOID. The refusal to have sex points towards a psychological
Bad Faith or Good Faith in Void Marriages issue, & at this point, it is immaterial whether or not the wife or the husband is
• General rule: Good faith or bad faith is immaterial in void marriages o A person the reason why this is the case; the bottom line is, this marriage ain’t working.
who marries her long-lost brother without knowing he was her long-lost brother
still entered into a void marriage Bad Faith Affecting Property Distribution
o Same applies if person marries without a marriage license o A person who • In the disposition of properties in a void marriage, good faith & bad faith of one
marries his cousin knowing the law declares the marriage void can himself of the parties at the time of marriage is material (Art. 147, 148 of CC)
get the marriage declared void after • GENERAL RULE in void marriages: property regime is co-ownership o When
o The doctrine of unclean hands does not apply in actions for nullity of one of the parties is in bad faith, the share of said party in the co-ownership shall
marriage – the nullity case may still prosper despite one party knowing that be forfeited in favor of their common children
the marriage is void prior to the solemnization. § In case of default or waiver by any or all of the common children
§ At most, the party who knew that he was entering into a void or their descendants, or the respective surviving descendants, the
marriage before the solemnization may be held liable for damages share goes to the innocent party
by the other party, under Arts. 19, 20, 21 of the § Shall take place upon the termination of cohabitation o Applies to
Civil Code dealing with human relations; however, this all marriages except to a subsequent void marriage due to the
would be dependent on the acts. failure of a party to get a prior JDNOM of the previous void
CASE: Abbas v. Abbas – Even if a party’s intention in filing a declaration for marriage pursuant to Art. 40 of the Family Code.
nullity case was less than pure, as when it is done merely to evade a bigamy § Property regime: ACP or CPG
case, such fact does not prevent the judicial declaration of nullity on the basis of § The party that contracted under bad faith will also be forfeit his
a clear showing that there was an absence of a marriage license or other ground share pursuant to Art. 43 (2).
for nullifying a marriage.
Collateral & Direct Attack
• There is no injured party in a void marriage, unlike in an annullable marriage or
those with legal separation. • Direct attack – the nullity of the marriage is the principal issue; only husband &
• Two Exceptions: wife can themselves make a direct attack of the marriage
o First: When the party: • Generally, a void marriage can be collaterally attacked – nullity of marriage can
be asserted even if it is not the main or principal issue of a case o No previous
1) Has a well-founded belief that his or her spouse is dead
JDNOM is required by law with respect to any other matter where the issue of
2) Procures a juridical declaration of presumptive death
the voidness of a marriage is pertinent or material, either directly or indirectly
3) At the time the subsequent marriage ceremony, is in good faith
• Inheritance case: any proof can be showing that makes a child illegitimate due to
together with subsequent spouse
the void marriage of decedent with their mother o JDNOM is not needed to
o Second: If either of the contracting parties believes in good faith that a
prove that marriage is void (in other words, it does not need to be shown that
solemnizing officer has authority to solemnize a marriage, though he
either one of the spouses filed a civil case precisely & mainly for the purpose of
actually does not have such authority, the marriage will be valid.
judicially declaring the marriage void).
o In these two cases, the good faith of even one of the contracting parties
o Evidence other than a judicial decision declaring said marriage void can be
to the marriage shall make the marriage valid. To be void, both
presented to show nullity of marriage.
contracting parties must be in bad faith.
 • Good faith is a question of fact which must be determined by the trial court, but
CASE: De Castro v. Assidao-De Castro good faith is always presumed until the contrary is proven o But good faith
In cases of child support, the validity or voidness of a marriage can be collaterally attacked. requires the exercise of due diligence, & this means a certain awareness of the
Facts: Petitioner filed a complaint for support against her husband to compel the latter to support questions of law
their child. The husband interposed an affirmative degree claiming he & petitioner were not o Person in good faith cannot close his ears to information or his eyes to
married. Should there have been a separate case to declare the marriage void? suspicious circumstances; must not act blindly or without reasonable
Held: NO. In a case of child support, there is no need to file a separate case for the JDNOM. precautions
• Question of fact – Parties go before a person who the law states is qualified to
• 3 cases when a direct attack (not a collateral attack) on the nullity of a marriage solemnize a marriage, but in fact is not because of non-fulfillment of a
must be first undertaken requirement by law (e.g., procurement of a solemnizer’s license); in these cases,
1) The absolute nullity of a previous marriage may be invoked for the good faith of the parties in believing in the officer’s authority is material.
purposes of remarriage on the basis solely of a final judgment o When a man dresses up as a priest, pretending to have the authority to
declaring such marriage void (Art. 40) solemnize a marriage
2) For other purposes, such as but not limited to heirship, legitimacy, or o Excusable mistake of fact
illegitimacy of a child, settlement, etc., the court may pass upon the • Question of law – If the contracting parties go before a person not specifically
validity of a marriage even in a suit not directly related to it; but this is mentioned by law as having any authority to solemnize a marriage, then good
without prejudice to any issue that may arise in the case, making the faith or bad faith is immaterial because they cannot be excused for being
JDNOM necessary (Niñal v. Bayadog) ignorant of the persons authorized by law to solemnize marriage o Ignorantia
3) Revocation of a donation propter nuptias given to one or both of the legis non excusat (Art. 3, CC)
parties on the ground that the marriage is void; a JDNOM must first be o The authority of the solemnizing officer (priest) to contract said
obtained by the parties. marriage
*The existence of a valid JDNOM will give the donor the cause of • When a woman’s belief in the validity of the authority of the solemnizing officer
action to revoke the donation (Art. 86(1)) or to consider the donation stems from a question of fact (he acts more like the judge than the judge himself)
revoked by operation of law (Art. 50 in relation to Art. 43 (3)), as the rather than a question of law (not knowing which solemnizing officer has
case may be. authority), her belief is considered in good faith.
o From Family Code Senate Committee Discussions – many people these
Below 18 Years of Age days are good at pretending they have the authority to
• Subsequent parental consent cannot ratify such a void marriage solemnize marriages

Non-Authority of Solemnizer No Marriage License

• The Philippines exclusively recognizes ceremonial marriages • Marriage license is a formal requisite, with exceptions provided in Art. 27, 28,
• If a person is not enumerated in Art. 7 of FC or by the LGC, he has no authority 29, 30, 31, 32, 33, & 34 of the FC.
to solemnize a marriage
Bigamous & Polygamous Marriages
Good Faith Marriage • General Rule: A validly married man or a woman are prohibited from
• Good faith belief of either or both of the contracting parties in the authority of contracting another bond of union as long as the consort is alive o Ex. A
the solemnizing officer can still make the marriage valid o “Putative marriage” – subsequent marriage contracted by a wife during the life of a former husband is
applied to a matrimonial union which has been solemnized in due form & good illegal & void from the beginning
faith on the part of one or both of the parties but which by reason of some legal o Ex. A subsequent marriage contracted in HK by a husband who had secured a
infirmity, is either void or voidable. The essential requisite is the belief that it is void Nevada divorce is bigamous & void
valid. • Exceptions:
• NO OTHER essential or formal requisite can be “cured” by good faith o Code of Muslim Personal Laws o
Art. 41 (Presumptive Death)
 • If the 1st marriage is void, there is no bigamy when the man or woman contracts o Incapacity must have been afflicting the psychologically incapacitated
a 2nd marriage, according to Sta. Maria – in his opinion, 1st marriage must be party even BEFORE celebration of marriage
valid for bigamy to exist o SC ruled in Nicdao Cariño v. Cariño, however, that a • Refers to senseless, protracted, constant refusal to comply with all the essential
marriage under Art. 40 would in fact be bigamous.14 marital obligations by one or both of the parties although he, she or they are
• BUT when the 1st marriage is void, & one of the parties contracts a 2 nd marriage, physically capable of performing such obligations
the 2nd marriage is likewise void if the parties did not obtain a JDNOM & • Some examples from jurisprudence:
recorded with the LCR before any subsequent marriage (Art. 40, 52, 53) o While a person may be truly efficient & mentally capable in his
professional life, he can still be considered completely irresponsible
Mistake in Identity vis-à-vis his married life if he spends the whole day working & not
• One of the parties marries the twin of the other, believing that such twin is his or minding his family
her lover o The contracting party ABSOLUTELY did not intend to marry the o Despite him saying that he truly loves his wife & kids, he is so
other, as the same is not the person he actually knew before the marriage absolutely indifferent with respect to his duties as a father & husband
• Does not include mistake in the name, character of the person, his or her • Capacity is limited to his failure or disregard to comply with essential marital
attributes, his or her age, religion, social standing, pedigree, pecuniary means, obligations, although physically capable of doing so o Not mere stubborn refusal;
temperaments, acquirements, condition of live or previous habits o DOES NOT attributable to psychological issues
APPLY when a man is led to believe that he is marrying a virtuous woman, • NOT related to insanity or lack of consent, but with obligations attendant to the
when in fact she had previously led an immoral life marriage
• CANNOT be cured by cohabitation, considering that ratification does not apply
Void Under Art. 53 to void marriages; even the bearing of children does not necessarily cure
• For persons whose marriages have been annulled or declared null & void to be psychological incapacity
able to validly marry again, they must: • There is such a thing as SELECTIVE IMPOTENCY — when a person may be
o Register JDNOM or JDAOM in the local civil registry where marriage was psychologically impotent with one person, but not with another; this can be
solemnized considered psychological incapacity
o Undertake the liquidation, partition & distribution of their properties o • A defect in the understanding of the consequences of marriage o
ONLY in the proper cases, the delivery of the children’s presumptive Psychological incapacity is incurable
legitimes o But a person who is psychologically incapacitated is not barred from
• Non-compliance with these requirements will make the subsequent marriage marrying again
void • Decisions of church tribunals are not binding on civil courts but have persuasive
effect, since the provision is taken from Canon Law
Art. 36. A marriage contracted by any party who, at the time of the celebration, was • Mere difficulty of assuming moral obligations does not constitute incapacity.
psychologically incapacitated to comply with the essential marital obligations of marriage, shall There must be a true psychological disorder or issue.
likewise be void even if such incapacity becomes manifest only after its solemnization. • In a sense, it is incurable
• Does not cover all forms of psychoses
Psychological Incapacity • Children born in marriages under psychological incapacity are LEGITIMATE
• Determination is on a case-to-case basis, according to the facts of the case (Art. 54)
• Not to be equated with insanity or total mental inability to function in all aspects
of human life CASE: Santos v. Court of Appeals
• Restricted to psychological incapacity “to comply with all the marital Absence for a long period of time does not necessarily prove psychological incapacity.
obligations.” o Malady or mental disposition must seriously & effectively Facts: Wife goes abroad to work in the U.S. & does not contact her husband at all; only
prevent them from having a functional & normal marital life clearly conducive to calls him up 7 months later to say she is coming home, but she never does. She only begins
bringing up a healthy personal inter-marital relationship within the family which to reply when he files for JDNOM due to psychological incapacity, for her failure to
is necessary for its growth communicate with him for over 5 years.
Held: NO psychological incapacity; there is no showing that the wife fails to understand
14 Dean Mel does not agree with this ruling, as he explains in his discussion for Art. 40. He notes that an Art. 40 marriage envisions a situation
where the first marriage is void, and without getting a JDNOM, one of the spouses enters into a second VALID marriage. the obligations & consequences of marriage.
 • Personal medical or psychological examination is not a requirement for the
Proving Psychological Incapacity declaration of psychological incapacity, & the presence of expert testimony does
• Can only be proven by indicators & external manifestations of the person not also immediately mean the decree will be granted
claimed to be psychologically incapacitated • Decision must be based on totality of evidence o Thus, sometimes, when the
• It is important to see if the spouse observes their duties as stated in Art. 68, FC report from the psychiatrist seems faulty or too general, it is not considered by
• Procreation is considered an essential obligation – constant non-fulfillment of the courts
this obligation will finally destroy the integrity or wholeness of the marriage o o But sometimes, when the psychiatrist does not personally examine the
Ex. Fear of a wife, who is afraid of children, to engage in sexual relations is an incapacitated person but is able to get the pertinent data, the testimony
indicator of psychological incapacity (senseless & protracted refusal is still admitted as evidence
• Art. 220, 221, & 225 of FC – duties of parents in relation to their children; • In one case, the husband was going to introduce the confidential psychiatric
failure to do this is a good indicator of psychological incapacity evaluation report made by a psychiatrist with respect to his wife
• o Court admitted this as evidence even if it was supposed to be confidential,
o Ex. Unreasonable attachment of spouse to his friends, so much so that his as it was the husband, not the psychiatrist, who would be making the
devotion to his family is subordinated to said attachment testimony
• Total breakdown of family life is a good indicator, but separation &
abandonment alone are not conclusive proof of psychological incapacity; sexual Lifted from Canon Law
infidelity or living an adulterous life is also not counted • Hence: Decisions of church tribunals are also considered persuasive, but not
• Mere isolated idiosyncracies are not enough; so mere refusal or neglect to necessarily conclusive
comply is not enough too — it must be downright incapacity to perform o There • Example: Woman who submits herself to sex because she is obliged to do so;
must be gross irresponsibility & utter disregard this is indicative of a psychological problem
• Should NOT be attributed to pure physical illness • Fr. Dacanay – psychological incapacity as the inability to posit the object of
• Psychological evidence (expert testimony) is not necessarily conclusive, but can consent, rather than the inability to posit consent o They understand marriage,
be considered decisive evidence if it is thorough & specific to the case of the however they find it difficult to deliver the object of their consent
incapacitated spouse o Personality disorders suffered by both parties is included
o BUT a person need not be declared psychologically incapacitated by a Jurisprudential Guidelines
physician, as courts can consider totality of evidence • (Republic v. CA & Molina) Guidelines for invoking & proving psychological
o Expert testimony must be thorough & in-depth assessment incapacity:
• Some accepted disorders of psychological incapacity: 1) The burden of proof to show nullity of marriage belongs to the one who
o Dependent personality disorder claims the psychological incapacity; any doubt should be resolved in favor
o Anti-social & narcissistic personality disorder – with lack of loyalty to of marriage
persons or sense of moral values 2) Root cause must be:
o Hyperesthesia – no real freedom of sexual choice o Schizophrenia o a. Clinically or medically identified
Nymphomaniacs b. Alleged in the complaint
o Inadequate personality disorder c. Sufficiently proven by experts
d. Clearly explained in the decision
• BUT: The ground of psychological incapacity is very personal & limited; it does
e. Must be psychological, but manifestation may be physical
not mean that just because a person is psychologically incapacitated to perform
3) Existing at the time of the celebration of the marriage
his marital obligations with his present spouse, this would be the case with any
other person other than his present spouse. 4) Must be shown to be medically or clinically incurable – may be relative
only in regard to the other spouse
Expert Testimony 5) Such illness must be grave enough to bring about inability to assume the
essential obligations of marriage
• Extremely helpful
6) The essential obligations must be those embraced by Art. 68-71 of the
Family Code
 7) Interpretations given by National Appellate Matrimonial Tribunal of the b. Between the legitimate child of the adopter & the adopted child
Catholic Church of the Philippines should be given great respect by our • Surviving Spouses
courts a. Between the surviving spouse of the adopting parents & the adopted child
• Despite Molina, each case of psychological incapacity must be treated b. Between the surviving spouse of the adopted child & the adopter
differently, according to Te v. Te • Relatives & Plain Murder
a. Between collateral blood relatives, whether legitimate or illegitimate, up to
Damages the 4th civil degree
• No moral or exemplary damages, or attorney’s fees, are allowed psychological b. Between parties where one, with the intention of marrying the other, killed
incapacity case; non-cognizance of one’s essential marital obligation at the time that other person’s spouse or his or her own spouse
of the marriage ceremony negates bad faith, which is an essential element in
awarding moral damages in contracting the marriage Reasons for Prohibition of Void Marriages
• Marriages in Art. 38 will not serve the fundamental objective of nurturing a
Art. 37. Marriages between the following are incestuous & void from the beginning, whether stable family unit that can effectively be the foundation of society
the relationship between the parties is legitimate or illegitimate: • Enumeration in Art. 38 is exclusive o A guardian & ward can marry each
1. Between ascendants & descendants of any degree; other o Step-siblings can marry each other o A principal & her agent
can marry each other Collateral Blood Relatives by Consanguinity
2. Between brothers & sisters, whether full or half-blood.
• Relationship by consanguinity is not capable of dissolution o If a common
ancestor like a grandfather dies, the relationship is still not severed
Reasons for Prohibition • In determining if two persons are relatives up to the 4 th civil degree, they have to
• Immoral consider their nearest & most immediate common ascendant o People you can’t
• Recessive abnormality (biological) marry:
• Social & psychological issues § Your first cousin
§ Your uncle or aunt
Art. 38. The following marriages shall be void from the beginning for reasons of public § You great aunt or uncle
policy: § Your niece or nephew
1) Between collateral blood relatives, whether legitimate or illegitimate, up to the 4 th § Anybody in the ascending or descending line (Art. 37) o People you can
civil degree marry:
2) Between step-parents & step-children § The daughter or son of your cousin
3) Between parents-in-law & children-in-law § Your second cousin
4) Between the adopting parents & the adopted child
5) Between the surviving spouse of the adopting parents & the adopted child Collateral Half-blood relatives by Consanguinity
6) Between the surviving spouse of the adopted child & the adopter • Law does not provide that marriages between collateral blood relatives by the
7) Between an adopted child & a legitimate child of the adopter half-blood are prohibited
8) Between adopted children of the same adopter • Can you marry your half-blood niece or nephew, or half-blood uncle or aunt?
9) Between parents where one, with the intention to marry the other, killed that other o Audrey v. Audrey – No. It can be implied from the nature of the
person’s spouse or his or her own spouse relationship. o In Re Simms Estate– Yes. If legislature intended to do so,
they should’ve said so.
Breakdown § THIS appears to be the proper view; all doubts must be
• Mimicking parents & children construed in favor of marriage.
a. Between step-parents & step-children
b. Between parents-in-law & children-in-law Relationships by Affinity
c. Between adopting parent & adopted child • Affinity is a connection formed by marriage, but is also a fictive relationship
• Mimicking siblinghood created by law
a. Between the adopted children of the same adopter • Step-brothers & step-sisters are allowed to get married
 • When a marriage is annulled or nullified, the relationship by affinity between o View 2: Relationships by affinity continue even after the death of the
step-parents & step-children & parents-in-law & children-in-law is terminate; spouse. This usually applies in cases meant to benefit step-laws & inlaws.
they can THUS validly marry each other o SC holds that View 2 is more aligned with the spirit of Art. 332 of RPC
• When a marriage is terminated by death, the relationship by affinity continues, so § View 2 also strengthens the institution of the family. Art. 332 is
that the same prohibitions will still apply meant to avoid family scandal
§ View 2 holds for all intents & purposes favorable to the
CASE: Carungcong v. People, Sato strengthening of the bond of family
Upon the death of one spouse, relations by affinity do not terminate regardless of the § In case of doubt, the Court must favor the innocence of the
existence of issues for all intents & purposes favorable to them accused
Facts: Art. 332 of the RPC states that no criminal (only civil) liability shall be result from § SC states that the same applies to Art. 11[2] of RPC, Art.
the commission of the crime of swindling, theft or malicious mischief when committed or 13[5] o HOWEVER, Sato was not charged with simple swindling,
cause mutually by (1) spouses, ascendants, descendants or relatives by affinity in the same theft or malicious mischief — he is charged with the complex crime of estafa
line, (2) the widowed spouse with respect to the property which belonged to the deceased through falsification of public documents, based on the facts as fleshed out by
spouse before the same shall have passed into the possession of another (3) brothers & the SC, & is thus not covered by Art. 332 of RPC. Sato is criminally liable.
sisters & brothers-in-law & sisters-in-law, if living together. Carungcong is the manager of
the properties of her late mother Manolita Carungcong-Gonzales. Carungcong discovered Adoptive Relationship
that her brother-in-law, William Sato, had committed estafa against Manolita while she • Limited to one of parent & child
was still alive, having her sign papers that he said were just for the payment of her taxes, • Adopter cannot marry:
which turned out to papers that turned over 4 Tagaytay lots to Sato. Manolita was blind at o The adopted child o The surviving spouse of the adopted child
the time, & thus believed Sato. Sato never turned over the proceeds to Manolita, even after • Adopted child cannot marry:
she died, & even after the demands of Manolita’s estate. Sato claims that he is entitled to
o The surviving spouse of the adopting parent
the protection provided in Art. 332 of the RPC as he swindled his mother-in-law, who is a
§ If the marriage is nullified or annulled, adopted child & former
relative by affinity in the same line. Carungcong, on the other hand, argues that the death
spouse can marry; same with adopter & former
of her sister, Sato’s wife, before the death of Manolita, severed mother-son relationship by
spouse of adopted child
affinity. She also cites the commentary of Justice Luis B. Reyes in his book on criminal
o The legitimate child of the adopting parent o Another adopted child of
law that the rationale of Article 332 of the Revised Penal Code exempting the persons
the same adopting parent o The adopting parent
mentioned therein from criminal liability is that the law recognizes the presumed co-
• Technically speaking, the adopted child can validly marry anybody else,
ownership of the property between the offender and the offended party. Here, the
including an illegitimate child of the adopter & the parents & other relatives by
properties subject of the estafa case were owned by Manolita whose daughter, Sato’s wife,
consanguinity or affinity of the adopter
died on January 28, 1991. Hence, Sato’s wife never became a co-owner because, under the
law, her right to the three parcels of land could have arisen only after her mother’s death. • Adopter can validly marry real parents of the adopted child, the illegitimate,
Since Sato’s wife predeceased her mother, Manolita, no such right came about and the legitimate or adopted child of the adopted child, etc.
mantle of protection provided to Sato by the relationship no longer existed. • Technically also, because the law talks of a “surviving spouse,” if the marriage
Held: SC granted the petition in favor of Carungcong. of the adopted is terminated by annulment or nullity, then the adopter can validly
marry the former spouse of the adopted; the adopted may do the same if the
• It has been previously held that parents-in-laws, stepparents & adopted children
adopter’s marriage is annulled or nullified.
are included in the exemptions listed in Art. 332 of RPC.
• Affinity is a relationship gained by marriage; it is a fictive kinship created by
Intentional Killing of Spouse
law. There are 2 views in jurisprudence in reference to what happens to
relationships by affinity when marriage is terminated by death: • Guilty party must be animated by an intention to marry another person
o View 1: Relationships by affinity persist only when there are children. • Ex. If a wife kills her husband because he is a philanderer & thereafter marries
her lawyer who defended her case, their marriage is valid
Otherwise, these relationships are terminated. This is usually applies in
cases of jury disqualification & incest. • Ex. If a woman runs over her husband in anger, & has a lover on the side, but
didn’t kill the husband in order to marry her lover, the lover & the wife can
validly marry one another
 • Only preponderance of evidence is required; no need for criminal conviction Held: SC denied the petition, as the divorce obtained abroad is not valid, & SC does not
• Evil intention need not be shared by the other spouse recognize the 2nd marriage of her husband to her.
• The reason for a spouse killing his or her own spouse to marry another, making
the subsequent marriage void, likewise applies to a person who kills the spouse Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage
of another to marry the latter on the basis solely of a final judgment declaring such previous marriage void.

Art. 39. The action or defense for the declaration of absolute nullity of a marriage shall not Judicial Declaration of Nullity
prescribe. • If a marriage between 2 contracting parties is void, anyone of them cannot contract a
subsequent valid marriage without a previous judicial declaration of nullity of the
Prescriptive Period previous void marriage. o The 2nd marriage will also become void if there is no
• JDNOM does NOT dissolve a marriage; such marriage is invalid from the JDNOM, in accordance with Art. 40, 52 & 53.
beginning, & thus cannot be dissolved o If a JDNOM were obtained & not registered with the LCR & the
• JDNOM merely declares the voidness of the marriage liquidation, partition & distribution of the properties, if any, were not also
• Supreme Court en banc resolution in A.M. No. 02-11-10 (Mar. 15, 2003): ONLY recorded in the proper registry of property in accordance with Art.
the husband & wife can file a case for JDNOM &, if filed, the case will be closed 52 & 53, any subsequent marriage is likewise void.
or terminated if during its pendency, either the husband or wife should die. o FULL compliance with Art. 52 & 53 is necessary.
o Heirs can no longer directly assail the marriage of their step-parent with
their parent. Historical Background of the need for JDNOM
• All void marriages under the Family Code do not prescribe. • The chart below demonstrates the historical background of the need for a JDNOM in
order to have a valid subsequent marriage
Parties • Which case doctrine applies depends on when the 2nd marriage was celebrated
• The doctrine that the court should not grant relief to the wrongdoer (doctrine of • In annulment, a judgment must always be procured; otherwise, the marriage continues
clean hands) does not apply to JDNOM to be valid until terminated
• Even the wrongdoer can nullify the marriage o But the wrongdoer may be held • JDNOM is not only for purposes of remarriage, but it is MANDATORY for those
liable for damages under Art. 19, 20, 21 of the CC who want to marry a 2 nd time o The ONLY ACCEPTABLE PROOF for purpose of
• PRIOR to Mar. 15, 2003 – any interested party can directly file a case for a remarriage (Domingo v.
JDNOM of two spouses, including the father or stepchildren of the spouses. Court of Appeals)
o Previously, a father could file a case for JDNOM for his daughter’s
bigamous marriage with another man. Case/Code Date JDNOM required?
o Also, legitimate heirs can file a suit against their stepmother for declaration Civil Code Aug. 30, 1955 No
of nullity of her marriage with their deceased father to protect their People v. Mendoza Sept. 28, 1954 No
successional rights
Gomez v. Lipana June 30, 1970 Yes
• However, a void marriage can still be collaterally attacked by any interested
Odayat v. Amante June 2, 1977 No
party when the determination is necessary to give rise to certain rights or to
Wiegel v. Sempio Diy Aug. 19, 1986 Yes
negate certain rights
CASE: Fujiki v. Marinay – Only the spouses in the subsisting first marriage can file a Yap v. Court of Appeals Oct. 28, 1986 No
case for JDNOM of a subsequent bigamous marriage. The other “spouse” in the Family Code Aug. 3 1988 Yes
subsequent marriage cannot file the case considering his or her marriage is void.
Art. 40 & Bigamy
CASE: Perez v. Court of Appeals • Law distinctly separates the provisions of a subsequent void marriage contracted
A 2nd wife cannot file to intervene in JDNOM case of the 1 st marriage of her husband with his while a previous void marriage is still subsisting (Art. 40, 52, 53) from the provisions
1st wife on void bigamous marriages (Art. 35(4) & Art. 41)
Facts: The 2nd wife filed to intervene in the JDNOM case of her husband & his 1 st wife. Her • If a person, without a JDN for his 1 st marriage, marries another, the marriage is void,
husband got divorced abroad, prior to marrying her. but Sta. Maria believes that it is NOT bigamous; the person merely failed to comply
 with the formal requisites of law o Art. 40 does not call such a marriage bigamous o Art. 350 of RPC
Bigamy involves 2 valid marriages – a valid one with the 1 st spouse, & another valid
(or at most, voidable) with the 2nd. Art. 41. A marriage contracted by any person during the subsistence of a previous marriage
o In a bigamous void marriage, the 1st marriage is valid, while the one in Art. shall be null & void, unless before the celebration of the subsequent marriage, the prior
40 is void spouse has been absent for 4 consecutive years & the spouse present has a well-founded
belief that the absent spouse is already dead. In case of disappearance where there is danger
CASE Nicdao Cariño v. Cariño of death under the circumstances set forth in the provisions of Art. 391 of the Civil Code, an
A 2nd void marriage obtained by a spouse who has already been in a void 1 st marriage is absence of only 2 years shall be sufficient.
bigamous, because the 1st marriage is presumed to be valid as there was no JDNOM, For purposes of contracting a subsequent marriage under the preceding paragraph, the spouse
contrary to the opinion of Sta. Maria. present must institute a summary proceeding as provided for in this Code for the declaration
Facts: A man previously married his 1 st wife, but it was void because the marriage was of presumptive death of the absentee, without prejudice to the effect of reappearance of the
solemnized without a marriage license. Subsequently, & without getting a JDNOM, he absent spouse.
marries his 2nd wife.
Held: SC held that the marriage of the man to his 2 nd wife was bigamous, as his 1st Art. 42. The subsequent marriage referred to in the preceding Art. shall be automatically
marriage is assumed valid by law, because he was unable to obtain a JDNOM for the 1 st terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is
marriage. SC thus applied the property regime under Art. 148. a judgment annulling the previous marriage or declaring it void ab initio. A sworn statement of
For Sta. Maria, this decision is WRONG because it blurs the line between Art. 40 & 41; the fact & circumstances of reappearance shall be recorded in the civil registry of the residence
thus, he holds that, despite the SC decision, the difference between the 2 must be of the parties to the subsequent marriage at the instance of any interested person, with due
maintained. notice to the spouses of the subsequent marriage & Without prejudice to the fact of
reappearance being judicially determined in case such fact is disputed.
Art. 40 & Criminal Bigamy
• Bigamy (as a crime) – committed by any person who shall contract a 2 nd Bigamous Marriage
marriage or a subsequent marriage before – o 1st marriage has been legally • A person who marries another, knowing that the latter is already married & that his
dissolved, or marriage is valid & subsisting, can be prosecuted for bigamy
o The first spouse has been declared presumptively dead by means of a • Even an annullable marriage can be subject to a case of bigamy
judgment in the proper proceeding
• 1st marriage is valid or at least annullable CASE: Fujiki v. Marinay
• 2nd marriage would have also been valid, had it not been bigamous A petitioner may prove the termination of a second bigamous marriage through petition for
• But in Mercado v. Mercado, SC has held that criminal bigamy is committed by recognition of foreign judgment, where there is a foreign judgment which declares the second
anyone who contracts a 2nd marriage without 1st obtaining a JDNOM of his 1 st marriage void.
marriage. Facts: A Filipino married two Japanese husbands. She obtained a judicial decision in a Japanese
o When Art. 40 is not complied with, the subsequent marriage is court declaring void her marriage with Japanese husband #2 on the ground of bigamy. Japanese
criminally bigamous. husband #1 also filed a petition for recognition of foreign judgment in the Philippines, but the
o Dissent of Justice Vitug: Criminal law on bigamy contemplates an lower court dismissed the case, arguing that the Rules of Nullity of Marriage under Philippine
existing 1st marriage, or at least an annullable one; in fact, a void Law should have been availed of rather than the foreign route.
marriage is supposed to be a defense in bigamy; JDN is not necessary Held: SC reversed the decision of the lower courts, & held that the petition for recognition of
• People v. Cobar (Sta. Maria likes this better) details 4 requisites for bigamy: 1) the foreign judgment was the right procedure, given that bigamy is also against public policy in
Offender has been legally married the Philippines. SC also provided some ground rules for the recognition of a judgment abroad
2) The marriage has not been legally dissolved or in case his or her spouse is nullifying a marriage:
absent, the absent spouse could not yet be presumed dead • The judgment of the foreign court may be proven by the petitioner through (1) an
3) Offender contracts a 2nd or subsequent marriage official publication or (2) a certification or copy attested by the officer who has
4) The 2nd or subsequent marriage has all the essential requisites for validity custody of the judgment. If the office which has custody is in a foreign country such
*A marriage contracted against provisions of laws is punishable under
 as Japan, the certification may be made by the proper diplomatic or consular officer of • This is the ONLY INSTANCE where a marriage can be terminated extrajudicially o
the Philippine foreign service in Japan and authenticated by the seal of office. In case reappearance is disputed (when filed by an interested party), the same shall be
• There will be no re-litigation of the merits of the judgment & whether or not the subject to judicial determination
marriage was truly bigamous. Rather, the Philippine court will only need to determine • If the spouse reappears after the marriage & no one files an affidavit or sworn
(1) whether the foreign judgment is inconsistent with an overriding public policy in statement, there will technically be 2 valid marriages, thus a valid “bigamous
the Philippines; and (2) whether any alleging party is able to prove an extrinsic marriage” o If the marriage between the subsequent spouse & the present spouse is
ground to repel the foreign judgment, i.e. want of jurisdiction, want of notice to the void, then there is no valid bigamous marriage
party, collusion, fraud, or clear mistake of law or fact. If there is neither inconsistency
with public policy nor adequate proof to repel the judgment, Philippine courts should, Liquidation of the Properties of First Marriage
by default, recognize the foreign judgment as part of the comity of nations. Upon • After issuance of JDPD, the properties of the 1 st marriage should be married using the
recognition of the foreign judgment, this right becomes conclusive and the judgment provisions of Art. 103 & 130 of FC if the marriage to be liquidated is in itself valid.
serves as the basis for the correction or cancellation of entry in the civil registry. o If there is no liquidation (but there is a JDPD), the subsequent marriage is
valid, but complete separation of property will apply.16
Exception o If there is liquidation, they can agree to any type of settlement, or the
• A “bigamous” marriage can be valid if the present spouse obtains a JDPD via a default ACP.
summary proceeding in a court (the only instance when the law creates a valid • If the marriage is void, the rules of co-ownership will apply.
bigamous marriage) • In terms of the succession of the absentee spouse, different periods apply (Art. 391,
• Requisites: CC):
o Spouse has been absent for 4 consecutive years & present spouse has a o Spouse must be absent for 10 years before he is presumed dead for purposes
well-founded belief that absent spouse is dead of opening his succession
o Spouse is in a circumstance where he is in danger of death; the period o If he disappeared after the age of 75, an absence of 5 years shall be
shall be shortened, in this case, to 2 consecutive years. These sufficient in order that his succession may be opened
circumstances (Art. 391, CC) are: o If he disappeared under circumstances with high risk of death, 4 years shall
§ Absent spouse was on a vessel & the same was lost during a be enough
sea voyage & he had not been heard of for 2 years since the o If he turns out to be alive, he shall be entitled to the balance of his estate
loss15 after payment of all his debts. The balance may be recovered by motion in
§ Absent spouse was on an airplane & spouse was not heard of the same proceeding
for 2 years since the loss of the plane
§ When the absent spouse was in the armed forces & has taken Well-Founded Belief of Death
part in the war & has been missing for 2 years
• In the Civil Code, there was no need for JDPD; also, there is now a stricter standard
§ When the absent spouse has been in danger of death under of “well-founded belief” in the death of the spouse, versus the previous “general
other circumstances belief”
• JDPD is only prima facie, & can be overthrown by evidence or reappearance of • “Well-founded belief” – the belief of the present spouse must be the result of proper
spouse & honest to goodness inquiries & efforts to ascertain the whereabouts of the absent
spouse & whether the absent spouse is still alive or is already dead o Depends on the
Termination of the Subsequent Marriage circumstances
• Automatic termination of the subsequent marriage can be obtained by the recording of o A seaman was said to have failed to conduct a thorough enough search for his
the affidavit of reappearance of the absent spouse in the civil registry of the resident missing wife with such diligence as to give rise to a wellfounded belief of
of the parties of the subsequent marriage pursuant to Art. 42. her death (he searched for her but in the wrong places)
o EXCEPT when 1st marriage is declared void ab initio
JDPD
• As a general rule, no JDPD is required as such presumption arises from law

15 This implies that, if the vessel is found, but the spouse is not in the vessel, the period is once again reset because the ship has been
found. 16 Similar to a marriage contracted after the death of the 1 st spouse.
 o Art. 390 & 391, CC – After an absence of 7 years, absentee shall be 1) The children of the subsequent marriage conceived prior to its termination shall be
presumed dead for all purposes except for succession; period is considered legitimate & their custody & support in case of dispute shall be
shortened to 4 years if there is risk of death decided by the court in a proper proceeding;
o Art. 41 – JDPD is mandatory for REMARRIAGE only 2) The absolute community of property or conjugal partnership, as the case may be,
§ JDPD is best evidence of “well-founded belief” shall be dissolved & liquidated, but if either spouse contracted said marriage in
§ Immunizes present spouse from charges of bigamy, adultery bad faith, his or her share of the net profits of the community property or
or concubinage conjugal partnership property shall be forfeited in favor of the common children
or, if there are none, the children of the guilty spouse by a previous marriage or
Sworn Statement of Reappearance in default of children, the innocent spouse;
• The absentee spouse can easily terminate the new marriage by filing her affidavit of 3) Donations by reason of marriage shall remain valid, except if the donee
reappearance & recording the same with due notice to the spouses of the subsequent contracted the marriage in bad faith, such donations made to said donee are
marriage o Automatic termination by the recording of the affidavit in the civil registry revoked by operation of law;
of the residence of the parties to the subsequent marriage 4) The innocent spouse may revoke the designation of the other spouse who acted
o Without filing, the subsequent marriage shall not be terminated in bad faith as a beneficiary in any insurance policy, even if such designation be
§ Sta. Maria thinks this should be void functus officio if the stipulated as irrevocable; &
reappearance is authentic 5) The spouse who contracted the subsequent marriage in bad faith shall be
• Any interested party may also file a sworn statement of reappearance o Parents, disqualified to inherit from the innocent spouse by testate or intestate succession.
children, present spouse & even the subsequent spouse; parents & children of
subsequent spouse, too
Art. 44. If both spouses of the subsequent marriage acted in bad faith, said marriage shall be
o Termination shall also be automatic o
void ab initio & all donations by reasons of marriage & testamentary dispositions made by one
This can still be contested in a judicial
in favor of the other are revoked by operation of law.
proceeding
§ If it is proven that the reappearance is false, there will be no
automatic termination & marriage will subsist Bad faith
• If the present spouse does not file an affidavit, or no one files a sworn statement, the • In terms of Art. 41 & 42 – The spouse in bad faith is one who sees the absentee
subsequent marriage will still be valid o AND the State will protect the 2 nd marriage spouse alive before the marriage is celebrated & does not tell the other spouse o If
over the 1st o BUT if there is a filing, State will protect the 1 st over the 2nd o LOTS of both spouses knew that the absentee spouse was alive, they are both in bad faith as
confusion if there is no filing: contemplated in Art. 44.
§ Reappearing spouse cannot marry anyone else • In terms of Art. 45 & 55 – In annulment & legal separation, whoever caused the
separation or invalidity of the marriage, despite not being in “bad faith,” is considered
• Can be charged with bigamy if he marries someone else
the guilty spouse & all the provisions here apply to him
• Also, sexual infidelity
§ He would have to nullify or annul the 1st marriage
Status of Children
§ In conclusion: just file it
• Children conceived during the subsequent marriage in Art. 41 & before termination
due to reappearance of absentee spouse in Art. 42 are considered legitimate, as they
Criminal Liability
are conceived in a valid bigamous marriage o If only one is in bad faith, the children
• Bigamy (Art. 349, Revised Penal Code) – committed by any person who shall
are legitimate o EXCEPT when both spouses act in bad faith, as the marriage will be
contract a 2nd marriage or a subsequent marriage before o 1st marriage has been
void ab initio
legally dissolved, or o Before the first spouse has been declared presumptively dead
by means of a judgment in the proper proceeding
Effect of Termination of the Property Regime
• Effect of termination under Art. 42 is that the property regime (ACP or CPG) will be
Art. 43. The termination of the subsequent marriage referred to in the preceding Article
dissolved & liquidated
shall produce the following effects:17
17 Applies generally to void marriages under Art. 40 & 41, annullable marriages (Art. 45), legal separation (Art. 55)
• After the payment of all debts & obligations, the spouses shall divide the property
equally or in accordance with the share stipulated in the valid marriage settlement,
unless there is a voluntary waiver of share by either spouse upon the judicial
separation of property
• If either of the spouses acted in bad faith, the guilty spouse shall not get his share in
the net profits of the property regime o Will go to the common children, or o Children
of the guilty spouse by a previous marriage, or o The innocent spouse
 •
Net profits = increase in value between market value of the property at the time of 2) That either party was of unsound mind, unless such party, after coming to reason,
the celebration of the marriage & the market value at its dissolution freely cohabited with the other as husband & wife;
3) That the consent of either party was obtained by fraud, unless such party afterwards,
Donations by Reason of Marriage with full knowledge of the facts constituting the fraud, freely cohabited with the other
• Generally, when both spouses are in good faith, donations are valid as husband & wife;
• When the donor acted in bad faith, the donation is valid 4) That the consent of either party was obtained by force, intimidation, or undue
• If the donee acted in bad faith, the donation is revoked by operation of law influence, unless the same having disappeared or ceased, such party thereafter freely
• If both spouses act in bad faith in relation to Art. 42 & 44, donations made to each cohabited with the other as husband & wife;
other are revoked by operation of law, & the marriage is void ab initio o 5) That either party was physically incapable of consummating the marriage with the
Testamentary dispositions made by one in favor of the other are also revoked by other, & such incapacity continues & appears to be incurable;
operation of law 6) That either party was afflicted with a sexually transmissible disease found to be
o Art. 739, CC: A donation made between persons who are guilty of adultery serious & appears to be incurable.
or concubinage is void
Art. 46. Any of the following circumstances shall constitute the fraud referred to in No. 3 of
Designation as Beneficiary in an Insurance Policy the preceding Article:
• Spouse who contracted the subsequent marriage in bad faith is disqualified to 1) Non-disclosure of a previous conviction by final judgment of the other party of a
inherit from the innocence spouse by testate & intestate succession crime involving moral turpitude;
• When a marriage is void, the contracting parties likewise cannot inherit by intestate 2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant
succession because no legal relation binds them by a man other than her husband;
3) Concealment of a sexually transmissible disease, regardless of its nature, existing at
Marriage Contracted in Bad Faith the time of the marriage; or
• Art. 41 – If only one of the parties is in bad faith & Art. 42 does not occur, marriage 4) Concealment of drug addiction, habitual alcoholism, or homosexuality or lesbianism
is still valid. existing at the time of marriage.
o Applies whether or not it is the present spouse that is the bad faith spouse No other misrepresentation or deceit as to character, health, rank, fortune, or chastity shall
• Art. 44 – If both parties in the subsequent marriage are in bad faith, the marriage is constitute such fraud as will give grounds for action for the annulment of marriage.
void.
• If the present spouse were able to personally know that the absent spouse was in Public Policy Consideration
fact alive prior to the issuance of any JDPD, such spouse should not be issued the • Strict in granting annulment of marriage o Clear & undeniable proofs are
JDPD necessary
• Good faith must be present up to the time of the celebration of the subsequent
marriage o Ex. If, after the JDPD is issued, the present spouse suddenly sees the Exclusivity of Grounds for Annulment
absent spouse & chats him up, but marries the second spouse anyway, the present • Annullable or voidable marriages are valid until they are terminated
spouse is in bad faith. Despite this, the marriage with the second spouse is still valid • Must exist at the time of marriage
if the latter is in good faith. • Grounds are only those specified by law o Mere non-cohabitation is not
grounds for annulment of marriage
*Art. 45. A marriage may be annulled for any of the following causes, existing at the time of
the marriage: No Parental Consent
1) That the party in whose behalf it is sought to have the marriage annulled was 18 years • 18-21 years old – not yet possessing the degree of maturity to be able to
old or over but below 21, & the marriage was solemnized without the consent of the comprehend marital obligations thoroughly; thus, the need for consent o Marriage
parents, guardian, or person having substitute parental authority over the party, in that without consent is annullable at the instance
order, unless after attaining the age of 21, such party freely cohabited with the other § Of the party who gets married without the consent of his parent,
& both have lived together as husband & wife; guardian, or person with substitute parental authority; &

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 •
§ Of the parents, guardian, or person having substitute parental previous diagnosis was completely wrong & she was pregnant
authority over the party, in that order. with another man’s child at the time of the marriage
o Mere pregnancy is not sufficient to annul the marriage; what is important is
Unsound Mind the CONCEALMENT
• There must be a derangement of the mind to prevent the party from comprehending § If the woman does not state she is pregnant, but it is obvious,
the nature of the contract & from giving free & intelligent consent the man cannot claim to not know of her pregnancy
• Must relate specifically to the contract of marriage in order to affect it; if the mental § BUT just because a woman has been a pregnant already for 4
illness does not affect the understanding of the marriage contract, such cannot be months, it does not mean that the man cannot claim he didn’t
used as a basis for annulment o Dullness of mind, eccentricities, dementia, or know she was pregnant, as he could have associated the growth
weakness of intellect does not annul marriage in plumpness as her gaining weight (Fun fact: 5 th month is
• Question of defect in consent; capability of understanding the contract when the enlargement of the belly becomes
CASE: Larson v. Larson – If symptoms of insanity only show up 2 years later & obvious)
there’s no proof it happened before, the marriage is valid § If a man knows his wife is unchaste, & she assures him that the
• Burden of Proof o Rests upon him who alleges insanity child is his, but in fact, it isn’t, he may still not be allowed to
o If, however, a previous state of insanity is proved, burden of proof shifts to get an annulment because he should’ve known
him who asserts that the act was done while the person was sane (person o If a woman pretends to be pregnant with the child of a man to force him to
who claims lucid interval must prove it) marry her, & it turn outs later that she’s not, marriage cannot be annulled
(because there was no pregnancy to conceal)
Fraud • Concealment of STD, regardless of nature, is fraud o Fraud, gravity, &
• Concealment & non-disclosure of certain circumstances material to the marriage nature is irrelevant when there is concealment of the
• No fraud when there is no concealment o Ex. If one is aware that his spouse is a STD at the time of the marriage o Consummation
homosexual even prior to the marriage, even if the homosexual spouse never is not required for this ground to exist
confessed, it cannot be said that there was fraud • Concealment of drug addiction & habitual alcoholism o Habitual alcoholism – that
• Any act of fraud not included in the list under Art. 46 cannot be invoked to annul a the person, by frequent indulgence, may be said to have a fixed & irresistible habit
marriage. o Non-disclosure of a husband’s pre-marital relationship with another of drunkenness, whereby he has lost the power or will to control his appetite for
woman is not listed in Art. 46, & thus does not constitute as one of the instances of intoxicating liquor, & he drinks whenever the temptation is presented
fraud contemplated in the FC § One does not have to drink all the time
• Previous Conviction as Fraud o Crime involving moral turpitude (homicide) – § Not necessary that he is incapacitated to work
inherent vileness or depravity in private & social duties which a man owes to his § Fixed habit of frequently drinking
fellow men & society • Concealment of Homosexuality o Ground is not homosexuality, but its
o Moral turpitude – anything contrary to justice, honesty or good morals o concealment
Conviction by final judgment is a requisite o The innocent spouse’s § Element of bad faith must be duly proven
investigation of the fraudulent spouse’s criminal record prior to the marriage is § Not intrinsically abhorrent; it is a sexual orientation or
not required preference
§ The burden is on the convicted party to reveal his criminal o Subject to ratification
record o If the spouse knows fully well that he or she is marrying a homosexual or
• Concealment of Pregnancy as Fraud o Fraud is limited to the wife only & not a lesbian prior to the marriage, the marriage cannot be annulled on this
husband o Concealment must have been done in bad faith ground anymore
§ Ex. If a woman is diagnosed as completely barren & thereafter
marries her fiancé believing that she was not pregnant, the Vitiated Consent
marriage cannot later be annulled even if it turned out that her • Consent to marriage must be freely given
• Violence causing duress may be physical or moral

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 •
• Compelling a party with a fear of an imminent & grave evil upon his person, o Triennial cohabitation – if a wife remains a virgin for at least 3 years
property, descendants, or ascendants from the time the spouses started cohabiting, the husband must show he is
• Age, sex & condition of the party shall be considered not impotent during the said period & there is now a presumption of
• Has to be unlawful force o Ex. If a person threatens to file a criminal or disbarment impotence
case against someone unless the latter marries the former, but there is real legal • Sterility is not impotency; inability to bear children (arising from, e.g., the removal
basis to do so (such as some criminal act of the person, or his immorality, which of the woman’s ovaries prior to the marriage) is immaterial
would be a ground for disbarment), the force is actually lawful (UNLESS the
charge is false) STDs
• Vitiated consent must be proven by preponderance of evidence which may include • If STD is not concealed, party wanting annulment must prove that the STD is
actuations of the parties previous to the marriage; not a valid ground if: serious & incurable o If concealed, it need not be serious & incurable
o Both spouses issued affidavits stating they lived together for 5 years as • CASE: Ryder v. Ryder – The wife had syphilis which she transmitted to the
husband & wife husband, & which killed their child of the spouses
o More than a year passed before the spouse came up with the story o • If the disease was obtained AFTER the marriage, it cannot be a ground for
Man is just trying to escape a bigamy case annulment, but can be used as evidence of sexual infidelity (a ground for legal
• There is also criminal liability under the Art. 350 of the Revised Penal Code for separation)
those who use violence, intimidation, & fraud in contracting a marriage
Ratification of Annullable Marriages
Incapacity to Consummate • Ratification is made if the "injured” party freely cohabits with the guilty party in
Permanent inability on the part of one of the spouses to perform the complete act of the proper situations as provided by law:
sexual intercourse 1) Art. 45(1): the contracting party (18-21, no consent) cannot file the suit if,
o Non-consummation of the marriage may be on the part of the husband or after attaining the age of 21, he freely cohabited with the other as
wife; it is not limited to the husband being impotent only husband & wife o NOTE: Between 18-21, even if he freely cohabits with
• All types of non-consummation, even psychological, which leads to physical the other, this will not constitute ratification
inability 2) Art. 45(2): the contracting party comes to reason & still freely cohabited
o with the other as husband & wife.
o Excessive sensibility of wife, such that the pain sex inflicts stops her o Only the insane spouse can ratify by free cohabitation.
from wanting to have sex, can be considered as incapacity o As to the sane spouse, he cannot ratify the marriage if he knew at
o Also, incurable nervous disorder which renders sex impossible o the time the marriage was celebrated that the other party was
Mere epilepsy is not enough insane (note that he cannot file for annulment). 18 But if he found
• Not equal to the mere refusal of one party; what is required is PHYSICAL out after, subsequent free cohabitation will not constitute
INABILITY o IF a man can attain erection BUT is psychologically inhibited in ratification & he can still file for annulment.
engaging in sex despite his erection, this situation will not fall under 3) Art. 45(3): If the injured party, with full knowledge of the facts of the fraud,
impotency freely cohabits with the other, there is ratification;
• Must exist at the time of the marriage ceremony o If a wife becomes paralyzed after 4) Art. 45(4): If the injured party, after the disappearance or cessation of the
the marriage & can’t have sex anymore, this cannot be used force, intimidation or undue influence, freely cohabited with the other
• It must be continuous & incurable o Where a hymen was just too thick, annulment *If the ground relied upon is incurable physical incapacity to consummate the
wasn’t allowed because it is considered curable by surgery marriage or affliction of incurable STD, both existing at the time of the
• Burden of proof o An adult male is considered to have normal powers of virility; ceremony, mere free cohabitation will not ratify the annullable marriage
whoever alleges incapacity must prove it
o Preponderance of evidence
o Impotence need not be universal – condition may exist only as to present
spouse & not to others 18 In case of insanity, if the sane spouse knew that his or her spouse has already been insane previous to the marriage, such sane spouse
cannot file the suit for annulment as he or she is already estopped.

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 •
o Even if these are known to the parties prior to the marriage, the same can a. Sane spouse who discovered a. At any time before the death
still be used to file for annulment, as it is not based on defective consent insanity after marriage of either party
but on incurable disease or impotency b. Relative or Guardian having b. At any time before the death
2. Unsound mind
o BUT if the aggrieved parties do not bring suit within 5 years of the legal charge of insane spouse of either party
marriage ceremony, they are barred forever from annulling the marriage c. During lucid interval or after
c. Insane spouse
regaining sanity
Art. 47. The action for annulment of marriage must be filed by the following persons & Within 5 years after discovery of
within the periods indicated herein: 3. Fraud Injured party
the fact of fraud
1) For cases mentioned in No. 1 of Art. 45, by the party whose parent or guardian did not Within 5 years after the force,
give his or her consent, within 5 years after attaining the age of 21; or by the parent or 4. Vitiated
Injured party undue influence or intimidation
guardian or person having legal charge of the minor, at any time before such party Consent
has ceased
reached the age of 21; 5. Incapacity to Within 5 years after the marriage
2) For causes mentioned in No. 2 of Art. 45, by the sane spouse who had no knowledge Injured party
Consummate/STD
of the other’s insanity; by any relative, 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
Art. 48. In all cases of annulment or declaration of absolute nullity of marriage, the court shall
lucid interval or after regaining sanity;
order the prosecuting attorney or fiscal assigned to appear on behalf of the State to take steps
3) For causes mentioned in No. 3 of Art. 45, by the injured party, within 5 years from the
to prevent collusion between the parties & to take care that evidence is not fabricated or
time of discovery of the fraud;
suppressed.
4) For causes mentioned in No. 4 of Art. 45, by the injured party, within 5 years from the
In all cases referred to in the preceding paragraph, no judgment shall be based on a stipulation
time the force, intimidation or undue influence disappeared or ceased;
of facts or confession of judgment.
5) For causes mentioned in Art. 5 & 6 of Art. 45, by the injured party, within 5 years
after the marriage.
Art. 49. During the pendency of the action & in the absence of adequate provisions in a
written agreement between the spouses, the court shall provide for the support of the spouses
Nature of Annulment Case
& the custody & support of their common children. The Court shall give paramount
• Jurisdiction is based on the nationality of those involved, not where the marriage
consideration to the moral & material welfare of said children & their choice of the parent
was celebrated
with who they wish to remain as provided in Title IX. It shall also provide for appropriate
A Filipino who got married in Korea to a Korean woman can get his divorce visitation rights of the other parent.
annulled in the Philippines
Procedure
Grounds, Parties, Prescriptive Period
• Procedure follows SC en banc resolution from Mar. 15, 2003
• Prescriptive period – period in which case can still be filed in court; after the lapse,
• Defendant has 15 days from the receipt of the summons to file an answer, but even
the case can no longer be filed
if he doesn’t, he cannot be declared to be in default – court will order fiscal to
• All ratifiable except for #5; this means that annulment will not prosper if it can be
appear on behalf of the State and STILL order the full-blown hearing
shown that the parties freely cohabited as husband & wife at any time within the
o If the judgment is erroneous because of defendant’s neglect, decree will
periods
still take effect
• Prosecuting attorney investigates existence of collusion between the 2 & to check if
Ground Party to File the Suit Prescription Period
evidence is not fabricated
a. Parent or guardian having legal a. While “no-consent” party has • Annulment suit cannot be terminated by way of compromise agreement – no
charge of “no-consent” party yet to reach 21 years of age suspension of the case can be made for discussion of compromise
1. No parental
consent b. Within 5 years after attaining • Full-blown hearing is needed; no summary proceedings
b. “No-consent” party the age of 21 (also, from 18-21) • Material facts must always be proved

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 •
Role of Fiscal & Solicitor General
• Fiscal or prosecuting attorney represents the State o He must actively
participate
o Task is to check for indicators of collusion between the parties o If the
case were strongly opposed, it is clear that there is a no-holdsbarred
contest
o He must defend the validity or expose an invalid marriage o
Otherwise, case can be remanded for further proceeding
• OSG can intervene in the proceedings, as he is counsel for the State in the capacity
of a defender of the marital bond; he may be required to submit a memorandum
• Agreements on separation of property agreed on by the parties via compromise
agreement is valid o Not an indicator of collusion

Collusion
• Occurs where, for purposes of getting an annulment or nullity decree, the parties
come up with an agreement making it appear that the marriage is defective due to
the existence of any of the grounds for annulment or nullity as provided by law &
agree to represent such false or non-existent cause of action before the court with
the objective of facilitating the issuance of the decree o Commission of an offense
with the consent of the other party can be considered as collusion
o Corrupt agreements & connivance o Failure to file an answer is not
necessarily collusion
• Even if there is an agreement between the parties to file the case, there is no
collusion if the allegations are true
• The confession of the commission of the offense does not equate to collusion
• A judge who does not investigate collusion can be held administratively liable

CASE: Republic v. CA
Mere agreement as to amount & receipt of share in conjugal property is not collusion. Facts:
The wife agreed & accepted the amount of P50,000 as her share in the conjugal property, in a
nullity case with her husband.
Held: This is not collusion. The husband likely willingly gave her the amount in recognition
of her unquestionable legal entitlement to it, so that whether he also did so to encourage her
to stick to her previously announced stance of not opposing the petition for nullity of
marriage should by no means be of any consequence in determining whether there was
collusion between the parties.

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Stipulation of Facts or Confession of Judgment & natural right to rear his child & a few hours with the kids would not so
• Stipulation of facts – admission of both parties in court agreeing to the existence of gravely affect the children’s morality.
the act constitution the ground for JDNOM or JDAOM
• Confession of judgment – admission in court by the respondent or defendant Art. 50. The effects provided for in paragraphs 2, 3, 4 & 5 of Art. 43 & in Art. 44 shall also
admitting fault as invoked by the plaintiff to sever the marriage ties apply in the proper cases to marriages which are declared void ab initio or annulled by final
• BUT if these are sufficiently supported by evidence, they may warrant the judgment under Art. 40 & 45.
declaration, but only through proper proceeding The final judgment in such cases shall provide for the liquidation, partition, & distribution of
the properties of the spouses, the custody & support of the common children, & the delivery
Nullity Decision Prior to Determination of Other Incidental Issues of their presumptive legitimes, unless such matters had been adjudicated in previous judicial
• In an annulment or declaration of nullity case, other issues can be threshed out, proceedings.
such as those with respect to visitation rights, division of property, & custody. All creditors of the spouses as well as of the ACP or CPG shall be notified of the proceedings
• BUT a judge may also choose to allow the reception on evidence on custody, of the liquidation.
support & property relations AFTER the decision on the annulment or nullity case In the partition, the conjugal dwelling & lot on which it is situated shall be adjudicated in
is rendered, or upon entry of judgment granting the petition. accordance with Art. 102 & 129.

Support of Spouses & Custody of Children Art. 51. In said partition, the value of the presumptive legitimes of all common children,
• During the pendency of the suit, support of the spouses & custody of the children computed as of the date of the final judgment of the trial court, shall be delivered in cash,
shall be governed by whatever agreement the parties have made with respect to the property or sound securities, unless the parties, by mutual agreement judicially approved, had
same already provided for such matters.
• Support is from CPG or ACP The children or their guardian, or the trustee of their property, may ask for the enforcement of
• If agreement is inadequate, court can make the necessary provisions the judgment.
• If, in a nullity case, the court gives support to a spouse who is found to not be The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the
entitled to support because the marriage is void, the court shall order the recipient ultimate successional rights of the children accruing upon the death of either or both of the
to return to the person who furnished the support the amounts already paid, with parents; but the value of the properties already received under the decree of annulment
legal interest (JDAOM) or absolute nullity (JDNOM) shall be considered as advances in their legitimes.
• Support given during the pendency of the annulment of a marriage need not be
reimbursed JDAOM or JDNOM
• Court will consider best interest of the children o Children below 7 go to mother • Judgment must state the factual & legal basis for its dispositive conclusion
(Art. 213, FC) o Other kids can choose, unless the parent they choose is unfit o • Court cannot grant relief which is not based on an allegation in the petition unless
Appropriate visitation rights opposing party does not contest o Judgment is void if the decision is not in
• Visitation Rights o Parents have the natural right, as well as the moral & legal conformity with the allegations in a pleading; but if it not set aside through a
duty, to care for their children, see to their proper upbringing, & safeguard Motion for Reconsideration, it will be effective still
their best interest & welfare • Finding of psychological incapacity shall be binding upon the SC absent of clear &
o Even if custody goes to one parent, the other parent still has the right to manifest errors
visit • Liquidation, partition, & distribution of the properties shall be provided for in the
o BUT: If there is a compelling reason, the parent can be deprived of said judgment unless there is a settlement o Separate civil action need not be filed
visitation rights • Insofar as void marriages are concerned, par. (2), (3), (4) & (5) of Art. 43 only
§ BUT ALSO: Visitation rights can be reinstated if deprivation is apply to void subsequent marriages that occur as a result of non-observance of Art.
too harsh or grounds are no longer present 40 – liquidation is ACP or CPG.
o CASE: Silva v. CA – In a case where the mother wanted to take away the o All other void marriages are governed by co-ownership provided for in
father’s right to visit their kids because the father was immoral & had a Arts. 147 & 148
paramour, the court denied her request because the father has an inherent

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 § When it comes to void marriages other than Art. 40, the marriage Nicdao-Cariño v. Cariño, which required co-ownership under an Art. 40 void
can already be declared void without waiting for the liquidation marriage.
of the properties of the parties § Generally, in void marriages Art. 147 & 148 apply, & by
• In annulment cases & cases under Art. 40, the rules for ACP & CPG will be extension, the rules of co-ownership, & NOT Art. 50, 51 & 52 of the FC. o In
followed o Conjugal dwelling & lot goes to the spouse with custody of majority of ANNULLED MARRIAGES, the delivery of presumptive legitimes is a
the common children MUST.
§ NOT applicable to other void marriages; in void marriage, • Children & their guardians & trusties have the legal standing to seek enforcement
dwelling shall be co-owned equally; In case of liquidation, it of the judgment (delivery of presumptive legitimes) – via summary court
can be sold & the proceeds can be divided equally between the proceeding
co-owners
• All creditors shall be notified of liquidation proceedings; if one party waives his CASE: Republic v. Olaybar
rights, the creditor of said party can seek the rescission of the waiver to the extent Where there is no actual marriage to speak of at all, a Petition for Correction of Entries
of the amount necessary to pay the debt under Rule 108 of the Rules of Court is proper, instead of a Petition for JDNOM under the
Family Code.
Entry of JDNOM or JDAOM Facts: The petitioner wanted to get married, but discovered that in the her local civil registrar,
• Final upon the expiration of 15 days from receipt of the parties of the decision, the entries pertaining to her stated that she was already married to a particular man; there was
unless there is a motion for reconsideration or appeal filed o even a marriage certificate which she allegedly signed. However, she did not know the man;
• Upon finality, Entry of Judgment shall be issued her signature was forged; she had no knowledge of the wedding ceremony at all; & the
• Then, JDNOM or JDAOM will be issued o Issued only AFTER the registration of alleged bride was an impostor.
Entry of Judgment in the proper LCRs & of the approved partition & distribution of Held: The petitioner need not file a petition for JDNOM; the Petition for the Correction of
properties of the spouses in the proper registry of deeds & delivery of presumptive Entries was the correct remedy. In this case, there was no actual marriage to speak of, &
legitime petitioner never participated as a bride to said wedding.
o The JDNOM or JDAOM are considered the best evidence of nullity or
annulment Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition, &
distribution of the properties of the spouses, & the delivery of the children’s presumptive
Presumptive Legitime legitimes shall be recorded in the appropriate civil registry & registries of property;
• Legitime – part of testator’s property which he cannot dispose of because the law otherwise, the same shall not affect 3rd persons.
has reserved it for certain heirs (Compulsory heirs)
• Protects the legitime of the children against future subsequent marriages Art. 53. Either of the former spouses may marry again after complying with the requirements
• The JDNOM or JDAOM shall also provide that the presumptive legitime of the of the immediately preceding Article; otherwise, the subsequent marriage shall be void.
common children shall be delivered to them, unless the parties, by mutual
agreement, with approval of the court, provide for some other manner Art. 54. Children conceived or born before the judgment of annulment or absolute nullity of
• Presumptive legitime is not actual legitime o Actual legitime Is that which is the marriage under Art. 36 has become final & executory, shall be considered legitimate.
present AT THE TIME OF DEATH o The basis of the presumption is that the Children conceived or born of the subsequent marriage under Art. 53 shall likewise be
properties of the persons involved at the time of this particular situation arises considered legitimate.
would be the same as when he does (which is not a fact)
o Computed as of date of final judgment of the trial court o Approval of Liquidation & Partition of Properties
mutual agreement of spouses shall be summary in nature • JDNOM – liquidation in accordance with rules of co-ownership o EXCEPT in
• Necessity of distributing presumptive legitimes – o CASE: Valdes v. RTC – In Art. 40, 52, 53 – CPG or ACP (Valdez v. RTC)
VOID MARRIAGES, the delivery of the presumptive legitime is GENERALLY • JDAOM – ACG or ACP or pre-nuptial agreement (latter would remove need for
NOT REQUIRED, except in Art. 40, 52, 53 (declaration of nullity of a liquidation & partition)
SUBSEQUENT MARRIAGE due to no JDNOM of 1 st void marriage) – opposed to

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Recording in the Civil Registry & Registry of Property • Children conceived OR born inside an Art. 36 marriage are legitimate
• Art. 52 is NECESSARY TO BIND 3RD PERSONS for annulled marriages & Art. • Those conceived AND born before the marriage ceremony are illegitimate in Art.
40, 52 & 53 & to contract a subsequent valid marriage (Art. 53) 56, referring to Art. 36 if the parents, get a JDNOM.
• Non-compliance with the liquidation & partition requirement may lead to o Without JDNOM, parents marrying would
nonissuance of JDNOM/JDAOM o BUT: Delivery of presumptive legitime is only legitimize the children; but since there is now a JDNOM, children conceived
required for subsequent void marriage that may arise due to non-observance of Art. & born before the marriage are now illegitimate (2) Children born in Art.
40 52/53 – No recording, distribution & partition or delivery of presumptive
• Observance or non-observance of the requirements of liquidation, partition, legitime
distribution & delivery of presumptive legitimes is crucially material in determining § Ex. A & B get their marriage annulled but fail to liquidate their
the validity of a subsequent marriage ONLY IF the previous marriage has been properties. A later marries C, & with C, has a child, X. The
judicially declared nullified or annulled by law. (Art. 53) o If 1st marriage is marriage between A & C is void, but X remains a legitimate
terminated by death or JDPD, there is no need to do Art. 52/53; non-compliance child.
does not lead to a void marriage, but makes the property regime of the subsequent
valid marriage COMPLETE SEPARATION OF PROPERTY. SC en banc Resolution A.M. 02-11-12-SC – Rule on Provisional Orders (Mar. 15, 2003)
• A partial voluntary separation of property agreed upon by the parties via a • Child support o The common children of the spouses get support from the ACP
compromise agreement approved by the court prior to the JDNOM is valid. or CPG o Subject to the court’s discretion, either or both spouses may
also be ordered to give an amount necessary for the support, maintenance, &
Appropriate Civil Registry & Registries of Property education of the child, in proportion to the means & resources of the giver
• Proper LCR: (1) the LCR in the city or municipality where the court issued the • Spousal support may be given by the court:
JDNOM or JDAOM AND (2) the LCR where the marriage was solemnized o To either spouse for the amount of time it deems necessary; to be taken
o Duty of successful petitioner to send copy to LCRs out of ACP or CPG
• It is the clerk or court’s duty to make sure the successful petitioner recorded the o Court may consider if the spouse’s custody of the child makes it difficult
JDNOM or JDAOM; if it is discovered the petitioner did not do this, the clerk has for him to seek outside employment (e.g., child is a toddler)
to send a copy of the decree to the civil registry of the city or municipality where § Time necessary for spouse to seek outside employment &
the court is functioning training
• Registration has to also be made in registries of property where the properties are § Duration of the marriage
located; if there are lots of properties, there has to be a recording in the LCR of § Age & health of spouses; ability to give support
each of the locations § Contribution of each spouses to the marriage (including
working at home as housewife, childcare, education)
Status of Children § Comparative financial resources
• Generally, children conceived & born outside a valid marriage or inside a void • Custody may be awarded to (order of preference):
marriage are illegitimate. o Parents jointly o Either parent o Surviving grandparent o
• EXCEPTIONS are in Art. 54; the following children are legitimate despite the Eldest sibling over 21 years of age o Child’s actual
marriage of their parents being void: custodian o Any other person deemed by the court suitable
(1) Children born in Art. 36, before the finality of the judgment of nullity – • Visitation Rights – The parent who does not get provisional custody will get
psychological incapacity marriages appropriate visitation rights unless found to be unfit or disqualified by the court
§ Ex. If, 2 days after receipt of JDNOM, couple has sex & • Hold departure order – no child of the parties shall be brought out of the country
conceives a child, child is legitimate because by then, the without prior order from court, pending resolution of the petition
judgment is not yet final. JDNOMs only become final after the • Court may issue Order of Protection
lapse of 15 days from the receipt of the parties of the decree,
unless there is an appeal to a higher court. TITLE II – LEGAL SEPARATION
§ Special notes on this type of marriage –

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Art. 55. A petition for legal separation may be filed on any of the following grounds: cause unhappiness
1) Repeated physical violence or grossly abusive conduct directed against the petitioner, o Ex. Indifference or aversion coupled with neglect
a common child, or a child of the petitioner; § Could also be a ground for nullity under Art. 36
2) Physical violence or moral pressure to compel the petitioner to change religious
or political affiliation; Compulsion by Violence to Change Religious or Political Affiliation
3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child • One instance is enough
of the petitioner, to engage in prostitution or connivance in such corruption or • Families should learn to live with each other’s political or religious ideas
inducement;
4) Final judgment sentencing the respondent to imprisonment of more than 6 years, even Corruption or Inducement to Engage in Prostitution
if pardoned; • Refers to prostitution ONLY
5) Drug addiction or habitual alcoholism or respondent; • A mere “attempt” is enough
6) Lesbianism or homosexuality of the respondent; • Like the ground of repeated physical violence or gross abusive conduct, this ground
7) Contracting by the respondent of a subsequent bigamous marriage, whether in the does not apply if the guilty spouse induces or corrupts to engage in prostitution his
Philippines or abroad; or her own child with another person
8) Sexual infidelity or perversion; o But the act may be cause to terminate or suspend the parental authority of
9) Attempt by the respondent against the life of the petitioner; the respondent-guilty spouse upon his minor child with the other person
10) Abandonment of petitioner by respondent without justifiable cause for more than 1
year. Final Judgment with Imprisonment For More Than 6 Years
For purposes of this Article, the term “child” shall include a child by nature or by adoption.
• Pardon refers to executive clemency or the like
• The crime could have been committed against ANYBODY, not necessarily the
Legal Separation petitioning-spouse or their kids
• Does not affect marital status, just “bed & board” separation • Judgment must be final (petition for legal separation cannot be filed while the
• Terminable at the will of the parties by merely filing a manifestation in court criminal case making the spouse guilty is still on appeal)
• Separation is (generally) due to some cause arising after the marriage (v.
annulment/nullity) o Drug Addiction, Habitual Alcoholism, Homosexuality or Lesbianism
“Relative divorce” • In annulment, these grounds must involve fraud & they must have existed at the
o BUT: Cause may exist at the time of marriage time of the ceremony; here, there is no need for fraud & these grounds can occur
• Divorce – dissolution of marriage for some cause arising after the marriage o Not after the marriage
allowed in the Philippines
• Grounds are exclusive Bigamy
• Illegally contracting a 2nd marriage o Despite knowing one has a valid 1st
Repeated Physical Violence or Grossly Abusive Conduct marriage
• Does not apply if spouse inflicts physical violence upon his or her own child with o Despite not having gotten a JDPD for the missing 1st spouse
another person •
o BUT this may be a cause to suspend or terminate the parental authority of • May be the cause of a bigamous marriage whether or not it is solemnized here or
the respondent abroad o BUT: If the bigamous marriage was committed abroad, the guilty party
• Physical violence – infliction of bodily harm o Inflicted with bad faith & cannot be criminally prosecuted for bigamy in the PH as our penal statutes are
violence o Frequency, not severity (requires repetition or habituality) territorial in nature
• Grossly abusive conduct – no exact definition; case-to-case basis o Ex. Singular but
serious act of “squeezing of neck, pulling of hair, & the like without intent to kill” Sexual Infidelity or Perversion
o Ex. Deliberate use of offensive language when speaking to the other
spouse; continually calling the other spouse vile names, with intent to

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 • Adultery, concubinage, & other acts that fall short of adultery or concubinage may • NOT consent when husband reasonably endeavors to get wife to stay to no avail, &
be grounds for legal separation o Clear betrayals of the trust of his or her spouse o he rendered her some assistance when he could not prevent her to leave (can be
Single act of sexual intercourse with another person is enough grounds for legal separation)
§ Note that in the Civil Code, the husband had to commit • One is deemed to have abandoned the other when he has left the conjugal dwelling
concubinage for there to be a ground for legal separation without intent of returning o A spouse who left the conjugal dwelling for a period
• A Filipina who obtains a divorce abroad & remarries again is technically cheating of 3 months or has failed within the same period to give any information on his or
on her real husband (the first one) & is in a bigamous marriage he whereabouts shall be prima facie presumed to have no intention of
• Perversion – behavior with third persons or the spouse o Bestiality returning to the conjugal dwelling
o Even oral sex if the other spouse refuses
o BUT condonation would be tantamount to consent 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;
Attempt on Life 2) Where the aggrieved party consented to the commission of the offense or act
• Criminal attempt to kill spouse complained of;
• Proceed from an evil design & NOT a justifiable cause o Catching the other spouse 3) Where there is connivance between the parties in the commission of an offense or
having sex with another person is considered a justifiable cause act constituting the ground for legal separation;
• No previous criminal conviction is required; preponderance of evidence only o 4) Where both parties have given ground for legal separation;
Wife & kids can (by choice) disinherit the guilty spouse, unless there has been a 5) Where there is collusion between the parties to obtain the decree of legal separation;
reconciliation or
o Provisions in a will favoring the guilty spouse will also be revoked by 6) Where the action is barred by prescription.
operation of law when the legal separation decree issues
Art. 57. An action for legal separation shall be filed within 5 years from the time of the
Unjustified Abandonment occurrence of the cause.
• Desertion must be willful – design to forsake the other spouse intentionally o
Cease living with the other spouse o Abnegation of all duties of the marriage Condonation
• Mere severance of relations is NOT enough o If the spouse neither neglects the • Act of forgiving the offense after its commission o Implies condition of
management of the conjugal partnership nor ceases to give support to the other future good behavior
spouse, it is NOT counted • Subsequent offense of spouse nullifies the condonation & revives the initial offense
o It must be an ABSOLUTE cessation o Condonation of adultery obtained by a false pretense of repentance may cause the
o CASE: Dela Cruz v. Dela Cruz – If the spouse still gives support to the revival of the original offense, although there is only a presumption, & no real
other spouse & to the kids & gives small contributions, there is no proof, of the adultery
abandonment • CASE: Ocampo v. Florenciano – Failure of the husband to actively look for
• There must be no justifiable cause for the abandonment o If spouse beats up other adulterous wife after she left the conjugal home is not condonation
spouse, it is justifiable o BUT: If spouse forces wife to leave with his home unless • CASE: Almacen v. Baltazar – Act of giving money to erring wife & the fact that no
she gets rid of the children by a former marriage, it is abandonment action was taken against her are sufficient to establish condonation o May be
• If both parties willingly concur to separation, that is not considered a willful express or implied & requires no sex
desertion
• Time in which spouse is insane cannot be included in the count of 1 year o If a Consent
spouse becomes insane after deserting his spouse but before the 1-year period has • When either of the spouses agreed to or did not object, despite full knowledge, to
passed, then the period in which he is insane can’t the act giving rise to the ground for legal separation
be counted • Agreement to live separately & that they will not object to the other’s sexual
o Must be WILLFUL & INTENTIONAL infidelity has been declared void but, though void, is an expression of consent

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 • Can be deduced by acts of spouse o CASE: People v. Sensano – The husband Prescription
cannot file a case of adultery when knew that his wife resumed living with her • Must be filed within 5 years from THE OCCURRENCE OF THE CAUSE o
paramour, & yet did nothing to interfere with their relations or assert his right as NOT discovery
husband & instead, he left for Hawaii where he lived for 7 years, totally abandoning o Ex. If husband discovers wife had sex 6 years ago with another man, he
his wife & kids. can no longer file
• Civil Code – prescriptive period is 1 year from the discovery of the cause, but not
Connivance later than 5 years from the occurrence of the cause
• Denotes direction, influence, personal exertion, or other action with knowledge &
belief that such action would produce certain results & which results are produced Art. 58. An action for legal separation shall in no case be tried before 6 months shall have
• Doctrine of unclean hands – One is not legally injured if he consented to the act elapsed since the filing of the petition.
complained of or was willing that it should occur
• CASE: Witherspoon v. Witherspoon (U.S.) – Where a husband employs agents to Art. 59. No legal separation may be decreed unless the court has taken steps toward the
induce his wife into participating in illicit sexual activities, that is active connivance reconciliation of the spouses & is fully satisfied, despite such efforts, that reconciliation is
highly improbable.
Recrimination or Equal Guilt
• Doctrine of Clean Hands Art. 60. No decree of legal separation shall be based upon a stipulation of facts or a
• Pari delicto – when 2 parties have acted in bad faith, it is considered as them having confession of judgment.
acted in good faith In any case, the court shall order the prosecuting attorney or fiscal assigned to it to take steps
• CASE: Ong v. Ong – A husband beats his wife up & wants the dismissal of the to avoid collusion between the parties & to take care that evidence is not fabricated or
legal separation case that she filed; he claimed that it was she who abandoned him. suppressed.
SC ruled that his abuse was a justified cause for her abandonment; thus, the legal
separation is possible because no equal guilt was involved. Art. 61. After the filing of the petition for LS, the spouses shall be entitled to live separately
from one another.
Collusion The court, in the absence of a written agreement between the spouses, shall designate either of
• Collusion is a corrupt agreement o An agreement between H & W looking to them or a 3rd person to administer the absolute community or conjugal partnership of
procure LS property. The administrator appointed by the court shall have the same powers & duties as
§ Agreement for one of them to commit, or appear to commit an those of a guardian under the Rules of Court.
act that will lead to LS
§ Agreement to suppress or fabricate evidence
Art. 62. During the pendency of the action for legal separation, the provisions of Art. 49 shall
§ May be express or implied likewise apply to the support of the spouses & the custody & support of the common
• In collusion, the existence of grounds for LS are fabricated children.
• While collusion is a corrupt agreement, connivance is a corrupt consenting
• CASE: Ocampo v. Florenciano – There could not have been collusion, even if the Procedure
wife admitted she “liked also” to get the LS, because she confessed to adultery to
• SC en banc Resolution A.M. No. 01-11-01-SC
the fiscal, which could have gotten her imprisoned.
• Defendant shall be required to answer within 15 days from receipt of summons o
o Collusion cannot be inferred from the mere fact that the guilty party
If no reply, fiscal must investigate for collusion o No defaulting
confesses to the offense & thus enables the other party to procure • Fiscal must actively participate o But when there is a no-holds-barred
evidence necessary to prove it. opposition, Art. 48 & 60 need not apply
• No hearing on merits of LS will be set by the courts for 6 months o Time for
contemplation & possible reconciliation (cooling-off period)
§ BUT: If the offense is violence against the woman or child

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 (Anti-VAWC),19 6-month period can be dispensed with o Held: The injunction should be granted. Authority to manage the properties of the marriage
Failure to observe 6-month period is a ground for setting aside LS o 6-month was rightfully granted to the wife, as she was the one designated by the trial court to
period is for merits of the legal separation case; but note that, within that administer the property. While she was never formally designated, the fact of her designation
period, child support, alimony, spousal support can be heard in court is implicit in the trial court’s decision not to give the husband a share in the CPG, thus
§ Motion to dismiss may be filed disqualifying him to be an administrator.
§ Injunction may be filed to stop administrator spouse from spending all of the It is noted, however, that she was not appointed permanent administrator; she was only the
property administrator pending express designation in accordance with Art. 61, FC.
• Court must take steps towards RECONCILIATION
• Proof by preponderance of evidence o Material facts must always be proved Death Terminates LS Case
o There is no prejudicial question in legal separation cases; criminal & civil • Death of one of the spouses extinguishes LS case, including the property,
suits may proceed simultaneously separation, & maintenance disputes
§ CASE: Gandionco v. Peñaranda – The wife filed a case for legal • LS is purely personal
separation against her cheating husband; thereafter, she filed a • Even property splitting is merely the result of the LS decree, so without the LS
criminal case against him for concubinage. It was held that decree, the other issues cannot be faced
these could proceed simultaneously because the civil action is
not one to enforce the liability arising from the offense.
• Judgment cannot be based on stipulation of facts & confession of judgment o BUT
this does not stop the guilty spouse from confessing in court; there just must be
supporting evidence
• If LS is not granted, the court cannot force the couple to live with one another

Management of Properties During Suit

• If no agreement between spouses, court can leave this to 1 of the spouses or a
3rd party

CASE: Sabalones v. CA
The court’s designation of who will manage the properties may be implied, as when the trial
court denies the erring spouse a share in the conjugal properties.
Facts: The husband abandoned the legitimate wife & kids for many years & began living his
with concubine & illegitimate children. The legitimate wife managed the properties of their
marriage herself through the many years. The wife petitioned for legal separation, then, the
decision which granted her petition was being appealed, filed an injunction to stop the
husband from interfering with her management of the properties. The husband argued that the
FC provides that the husband & wife should be joint administrators of their property, so that
it was wrong for him to be excluded in the management thereof.

19 CASE: Garcia v. Drilon – A case was filed questioning the constitutionality of the VAWC law, arguing that it was a violation of equal protecting, as it protected only women, & not men. SC held that the statute is constitutional, & there was no discrimination, because women were in reality
more likely to be victims of violence than men.
VAWC crimes can be committed through conspiracy, as when the parents of the husband participate in tormenting the wife.
All grounds enumerated under Art. 55 (for legal separation), except nos. 4, 5, & 6, qualify as acts of violence under the VAWC law. For a more comprehensive discussion on VAWC, see end of this reviewer.

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Art. 63. The decree of legal separation shall have the following effects:
1) The spouses shall be entitled to live separately from each other, but the marriage bond shall not be severed;
2) The ACP or CPG shall be dissolved & liquidated but the offending spouse shall have no right to any share of the net profits earned by the ACP or CPG, which shall be forfeited in
accordance with Art. 43 (2).

3) The custody of the minor children shall be awarded to the innocent spouse, subject to
the provisions of Art. 213 of this Code; &
4) The offending spouse shall be disqualified from inheriting from the innocent spouse
by intestate succession. Moreover, provisions in favor of the offending spouse in the
will of the innocent spouse shall be revoked by operation of law.
o The Code Committee intended notice to be given to the insurer, not the
insured, but final printing was “insured.” Giving notice to the insurer
would have been more practical, so that the insurer would not
accidentally give the money away. Nevertheless, the law says
“insured.”
Art. 64. After the finality of the decree of legal separation, the innocent spouse may revoke
Effects of decree of LS the donations made by him or by her in favor of the offending spouse, as well as the
• After the lapse of the period to appeal the decision to a higher court, decree, & designation of the latter as a beneficiary in any insurance policy, even if such designation be
property division becomes final stipulated as irrevocable. The revocation of the donations shall be recorded in the registries of
• Marriage is not severed, so even if the couple lives apart, one can still be criminally property in the places where the properties are located. Alienations, liens, & encumbrances
charged for adultery, concubinage, or bigamy registered in good faith before the recording of the complaint for revocation in the registries
• Following Art. 43 (2), share in the net profit of the ACP or CPG does not go to the of property shall be respected. The revocation of or change in the designation of the insurance
erring spouse; it goes to their common children, the children of the guilty spouse by beneficiary shall take effect upon written notification thereof to the insured.
previous marriage, or the innocent spouse (in that order) The action to revoke the donation under this Article must be brought within 5 years from the
• Minor children go to the innocent spouse – best interest of the child is the standard time the decree of legal separation has become final.
for determining custody o BUT: The court can assign kids to a 3 rd person if the
spouses are not fit to take care of the children Donations & Beneficiary in Insurance
o Choices of kids over 7 years of age shall be considered, unless chosen • Donations are acts of gratuity & liberality, so the innocent party has the option to
parent is unfit revoke the donation or designation
o Kids below 7 usually go to mom • Designation of the guilty spouse as beneficiary – considered revoked after written
notification thereof to the insured
Intestate & Testate Disqualification • Donations – revocation must be filed within 5 years from final LS decree o If it is a
• Erring spouse is disqualified from intestate succession of innocent spouse void donation (Art. 87 – donations between the spouses during the marriage), action
• Provisions in a will made by innocent spouse will also be revoked by operation of shall never prescribe
law • Recording must be of the revocation & the recording of the liens, encumbrances,
• Art. 921 (4), CC: Spouse can disinherit other spouse even when there is no final etc.
decree for legal separation yet, so long as the guilty spouse has given cause for o If the same thing is sold to different vendees, whoever first takes
legal separation possession in good faith owns it if it is movable property
• Art. 922, CC: Reconciliation between the spouses renders the disinheritance from o For immovable property, ownership shall belong to the person in good
the will ineffectual faith who first registered in the Registry of Property
o If there is no inscription, ownership should go to the one who first got the
possession, or the person with the oldest title

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 • o Revival & Adoption
• Reconciled spouses can revive their original property regime
Art. 65. If the spouses should reconcile, a corresponding joint manifestation under oath duly • SC en banc resolution in Mar. 15, 2003 allows not only the revival of the previous
signed by them shall be filed with the court in the same proceeding for legal separation. property regime, but the adoption of another regime different from that which they
had prior to the filing of the petition
Art. 66. The reconciliation referred to in the preceding article shall have the following • Resolution leads to 3 divergent views o Art. 66 & 67 are the substantive-law-
consequences: provisions of the FC dealing with property regime upon reconciliation. They are
1) The legal separation proceedings, if still pending, shall be terminated in whatever restrictive & refer only to revival. Furthermore, Art. 87 states that any stipulation as
stage; & to the property regime cannot commence at anytime other than at the precise
2) The final decree of legal separation shall be set aside, but the separation of property & moment that the marriage is celebrated is void. SC en banc is undue extension of
any forfeiture of the share of the guilty spouse already effected shall subsist, unless substantive law. Thus, only revival is allowed.
the spouses agree to revive their former property regime. o Though Art. 66 (2) refers to revival only, it does not expressly prohibit
The court’s order containing the foregoing shall be recorded in the proper civil registries. change of property regime. However, the new rule cannot allow a change
from ACP to CPG & vice versa as there is a substantive rule in Art. 88 in
Art. 67. The agreement to revive the former property regime referred to in the preceding relation to Art. 107 that these two property regimes can only commence
article shall be executed under oath & shall specify: at the precise moment that the marriage is celebrated. The change of
1) The properties contributed anew to the restored regime; property regime can be anything other than ACP or CPG. o 3rd view is
2) Those to be retained as separate properties of each spouse; & that, provided there is court approval, the property regime can be
3) The names of all their known creditors, their addresses, & the amounts owing to each. changed. This, however, does not consider provisions of FC.
The agreement of revival & the motion for its approval shall be filed within the court in the
same proceeding for legal separation, with copies of both furnished to the creditors named Inheritance
therein. After due hearing, the court shall, in its order, take measures to protect the interests • Any disinheritance is rendered ineffectual by reconciliation
of creditors & such order shall be recorded in the proper registries of property. • But there is nothing in FC regarding revoked provisions of a will
The recording of the order in the registries of property shall not prejudice any creditor not • Thus, the spouses have the option to return the provisions in the will
listed or notified, unless the debtor-spouse has sufficient separate properties to satisfy the
creditor’s claim. Recording of the Order of Revival
• If revival is not recorded, creditors will not be prejudiced
Effect of Reconciliation • If revival is recorded, & if the creditors are listed, then the creditors will be
• Couple will file a Joint Manifestation of Reconciliation in court o Pending LS prejudiced
will be terminated • Example: A & B decide to reconcile after their decree of LS.
o If issued, decree will be set aside o If A & B do not act on reviving their previous property regime, nothing
• The order containing the termination of the pending case or the setting aside of the will happen to the creditors.
decree has to be recorded in the proper LCRs. o If A & B decide to revive their properties, they will file a motion for that
• BUT: Separation of properties shall still subsist o Parties can enter into an purpose & notify the creditors.
agreement approved by the court to return to their old property regime § If A & B decide to put their separate properties in the conjugal
o Agreement will contain a list of which properties will remain separate fund, an order will be issued to that effect, but the court may
& which will be included in the revived property regime o Creditors must make reservations for the creditors
be furnished with the motion seeking for approval of the agreement (court can • Court can set aside some of the properties of the debtor-spouse for paying the future
protect their interests) creditors
o No prejudice to unlisted creditors also, unless debtor-spouse’s separate • If no properties are set aside for the listed creditors who were notified but did not
property is enough to pay the debt file their claims to protect their interests, they will be prejudiced by the recording of
the order in the

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 registry of property o Any person who likewise deprives a spouse of the consortium or service
o If, long before the revival, A was ordered to pay X, the creditor of A, & of the other spouse can be held liable for damages, but this
X could only execute on the house of A for the satisfaction of the must be FULLY PROVEN
judgment debt…
§ X will be prejudiced if he is listed as a creditor in the registry & Rape & Marriage
was sent a copy of the motion but did nothing to protect his • Rape – committed by a man who shall have carnal knowledge of a woman through
rights. He can no longer execute on the house of A, as A & B force, threat or intimidation; when woman is deprived of reason or unconscious; by
are the co-owners. means of fraudulent machinations or grave abuse of authority; oral sex or anal sex
§ X will not be prejudiced if he files an opposition or claim in the by force; etc.
court proceeding which heard the motion for revival so that the • In Philippines, the husband can be held liable for rape of his wife. However, if the
court can make provisions for his interest. wife forgives him, it shall extinguish criminal action or penalty, UNLESS the
§ If X was not listed as a creditor or not notified of the marriage was void ab initio.
proceedings, X can still foreclose on the house • Implied consent rationale – prior to RPC, there was disagreement W/N a husband
• BUT if there are still separate properties of A which are not included in the revived can actually rape his wife; when the husband & wife are married, a wife consents to
property regime & which are enough to satisfy X’s claims, X will be prejudiced sex with her husband which she cannot retract
even if he is not listed. • Now, that a husband can rape his wife is a universal & absolute rule
• He will not be able to execute on the house or any other assets in the property
regime of A & B. Art. 69. The husband & wife shall fix the family domicile. In case of disagreement, the court
shall decide.
TITLE III – RIGHTS & OBLIGATIONS BETWEEN HUSBAND & WIFE The court may exempt one spouse from living with the other if the latter should live abroad or
there are other valid & compelling reasons for the exemption. However, such exemption shall
Art. 68. The husband & wife are obliged to live together, observe mutual love, respect & not apply if the same is not compatible with the solidarity of the family.
fidelity & render mutual help & support.
Domicile
Duties & Obligations • For civil rights & obligations, the domicile of natural persons is the place of their
• When people are “forced” to stay together, they learn to soften by mutual habitual residence (Art. 50, CC)
accommodation that yoke which they cannot shake off • Spouses can have many residences, but only 1 domicile o Permanent residence
• Procreation is an essential marital obligation o With intention of always returning even if they have left it for some time
• No compulsion can be forced by courts (living together, observe mutual love, • A minor always follows the domicile of his or her parents • Summary proceeding in
assistance with domestic matters like housekeeping, & fidelity) o EXCEPT accordance with Art. 253, in case of disagreement • Examples of valid
SUPPORT reasons for living separately:
o Work in a far place
Damages
• Generally, the husband & wife cannot sue one another for damages for mere breach Art. 70. The spouses are jointly responsible for the support of the family. The expenses for
of marital obligation, as the property is shared o Ex. A wife cannot seek damages such support & other conjugal obligations shall be paid from the community property &, in
from her husband for filing a baseless petition for JDNOM, leading to mental the absence thereof, from the income or fruits of their separate properties.
anguish on her part.
• BUT if (1) a spouse in bad faith refuses to comply with the above obligations & (2) Art. 71. The management of the household shall be the right & duty of both spouses. The
their regime is separation of property, he may be held liable under Art. 19, 20 & 21 expenses for such management shall be paid in accordance with the provisions of Art.
of CC (abuse of right doctrine). 70.
o Desertion & securing an invalid divorce entitles the other spouse to
recover damages & attorney’s fees

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Art. 72. When one of the spouses neglects his or her duties to the conjugal union or commits • The husband violates R.A. 9262 (VAWC Law) when he compels his wife to desist
acts which tend to bring danger, dishonor & injury to the other or to the family, the aggrieved from pursuing a profession, or otherwise controlling or restricting her movement,
party may apply to the court for relief. and can be punished by law
• Generally, the spouse’s exercise of a legitimate profession, occupation, business or
Expenses for Support & Household Management activity is considered to have redounded to the benefit of the family, making the
• Spouses are jointly liable for support o Even during proceedings of annulment or conjugal partnership or absolute community liable
nullity, the ACP or CPG is what provides support for the spouses & their children • BUT when a spouse makes an isolated transaction, such as being a guarantor for a
o Parents & those with parental authority shall have the duty to support 3rd person’s debt, it is not considered to redound to the benefit of the family, & does
their unemancipated kids or wards not hold community property liable
• If the ACP or CPG cannot cover expenses for support & household management, o UNLESS proofs exist which show the direct benefit accrued by the family
the fruits or income of the separate properties of the husband & wife will be liable o • Disagreement regarding a profession, business or activity must be anchored only on
If even the fruits or income of the separate properties are not enough, the spouses VALID, SERIOUS, MORAL GROUNDS to be valid.
shall be solidarily liable for the unpaid balance with their separate properties o If there is a disagreement, the court shall decide in a summary proceeding
• This is true even in a regime of CSOP; if the family has liabilities to creditors for § If court finds it objectionable, profession can be validly stopped
family expenses, the spouses are solidarily liable o Hence: The husband cannot object to the wife being a lawyer o BUT: The
wife can object to husband running an escort service or prostitution ring
Management & Relief (not necessarily illegal; as long as it is valid, serious & moral)
• Even if the family house is separately owned by 1 of the parties, the other spouse
still has the right & duty to manage the household CASE: Go v. Court of Appeals
• Neglect of duty can lead to relief in courts o Nullity, annulment, legal A single transaction made by one spouse cannot be held against community property Facts: A
separation o Petitioning court for receivership o Judicial separation of wife entered into a video contract with the aggrieved party, an isolated activity of the wife,
property which was not related to her regular business or profession. Can her husband be held
o Authority to be sole administrator of the ACP or CPG subject to solidarily liable for the debt she incurs?
conditions as the courts may impose Held: NO. Since the contract is only for one time & is not related to the wife’s legitimate
profession, business or activity, said contract did not redound to the benefit of the family, &
Art. 73. Either spouse may exercise any legitimate profession, occupation, business, or thus cannot be charged against community property.
activity without the consent of the other. The latter may object only on valid, serious, &
moral grounds. Separate Property Liability
In case of disagreement, the court shall decide whether or not: • In case of disagreement, the court can also decide whether or not benefit has
1) The objection is proper. accrued to the family
2) Benefit has accrued to the family prior to the objection or thereafter. If the benefit • GENERAL RULE: Debts & obligations, regardless of the time they were incurred
accrued prior to the objection, the resulting obligation shall be enforced against the (whether before or after the marriage ceremony), redounding to the benefit of the
community property. If the benefit accrued thereafter, such obligation shall be family, shall be chargeable to the CPG or ACP & not to the separate property of the
enforced against the separate property of the spouse who has not obtained consent. spouse who incurred the obligation.
The foregoing provisions shall not prejudice the rights of creditors who acted in good faith. o This rule applies to obligations incurred for family businesses or from
(as amended by R.A. No. 10572) legitimate professions & activities that redound to the benefit of the
family
Legitimate Profession • EXCEPTIONS:
• The spouses need no prior consent of the other to engage in any legitimate o When the profession is seriously invalid or immoral, & the spouse has
profession, occupation, business or activity. already objected

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o For the rules to apply, other spouse must have no knowledge of the
immoral profession. If he knew already, it would be implied consent & TITLE IV. – PROPERTY RELATIONS BETWEEN HUSBAND & WIFE
ACP or CPG will be liable.
§ BEFORE the innocent spouse knew of the objection & voiced Art. 74. The property relations between husband & wife shall be governed in the following
his dissent – the obligation is enforced against the ACP or CPG order:
§ AFTER the innocent spouse finds out & objection is voiced – 1) By marriage settlement executed before the marriage; 2)
the obligation is enforced against the separate property of the By the provisions of this Code; 3) By local
erring spouse; this is true EVEN IF benefits accrue to the customs.
family
• In effect, this penalizes the erring spouse Art. 75. The future spouses may, in the marriage settlements, agree upon the regime of
§ NO estoppel even if husband uses the immoral money, as long absolute community, conjugal partnership of gains, complete separation of property, or any
as he makes an authentic objection later on, because estoppel other regime. In the absence of a marriage settlement, or when the regime agreed upon is
cannot sanction immorality void, the system of absolute community of property as established in this Code shall govern.
o Sample scenario: X, without the knowledge of her husband, Y, was a
prostitute. To be able to buy a plane ticket to go to Japan & see a regular Art. 76. In order that any modification in the marriage settlements may be valid, tit must be
customer, X borrowed money from her creditor-friend, Z. Z knew of the made before the celebration of marriage, subject to the provisions of Art. 66, 67, 128, 135, &
wife’s plans. Upon returning home, X gave the income to 136.
Y, & Y used the money to buy food for the family without knowing that
X was actually engaging in prostitution, an immoral profession. Art. 77. The marriage settlements & any modification thereof shall be in writing, signed by
§ Before Y founds out, Z would have been able to seek payment the parties, & executed before the celebration of marriage. They shall not prejudice 3 rd
of the debt owed by X from Y, since the ACP or CPG is liable persons unless they are registered in the LCR where the marriage contract is recorded as well
for the expense. as in the proper registries of property.
§ When Y finds out & objects to X’s profession, the
knowledgeable creditor-friend, Z, can no longer go to Y to seek Property Relations & Pre-Nuptial Agreements
payment of debt, because Y has objected. • NON-NEGOTIABLES:
o BUT NOTE: When creditor is in good faith & does not know about the o Marriage settlement must be signed before the marriage o Marriage
immoral profession, he can seek payment from the ACP or CPG settlement must be in writing
regardless of the objection of the husband, & can demand from the § Oral settlement is void & not ratifiable by any claim of partial
husband the payment of the obligation. execution or absent of objection
§ In the example, if Z just thought that X was going to Japan as a • When is the property regime of your marriage not your choice?
tourist, Z can get the refund. It is only when the creditor is in o Art. 43 – When a present spouse marries a subsequent spouse after
bad faith that the spouse’s objection is relevant. o Another obtaining a JPDP for absentee spouse but fails to perform the liquidation,
example: The prostitute wife, issued a post-dated check funded distribution, partition, & delivery, the subsequent marriage is valid, but
by advances (i.e., money for future prostitution activities) from the property regime of the subsequent marriage will automatically
her pimp to pay a conjugal debt in favor of a Philippine become complete separation of property
creditor. o Note that this is the exception to the general rule that the ante-nuptial
§ If the check was cleared for payment after the husband objects, agreement must be in writing or else ACP will govern
the loan of the Philippine creditor is chargeable only to the
• RULES in marriages:
wife’s separate property, even if the whole family benefited.
o H & W can’t sell property to each other, except when there is a separation
§ But if the Philippine creditor had no idea that the money was to
or property in their settlement of a JSOP (judicial
be used to fund prostitution activities, he can collect from the
separation of property)
ACP or CPG.

Katrina Monica C. Gaw | Block C 2018|

 o No right of accretion in cases of donation made to several persons is not §
IF marriage settlement is NOT registered, Y can execute on the
applicable to a donation jointly made to H & W; between H & W, there community property in Makati. Then, B has to pay the
will be right of accretion, unless donor expressly provides the contrary. community property for the payment of his obligation to Y; can
• Spouses may agree on anything allowed by law, even if partition is not equal o May be made at the time of liquidation of ACP, wherein the cost of
refer to present or future property or both o May be total or partial (e.g. a property the debt will be deducted from B’s share. This is true EVEN IF
not agreed upon as separate shall automatically be absolute community) B had other properties that could be used to pay the debt.20
o BUT parties cannot stipulate: § IF B’s debt to Y redounded to the benefit of the family, ACP is
§ That the CPG/ACP will start at any time before or after the DEFINITELY liable.
marriage is celebrated because such agreement is void under • If there is no marriage settlement, ACP automatically governs & there is nothing to
Art. 88 & 107. register. The effects on the 3 rd party creditor X with a mortgaged property for a debt
§ No substantial donations to each other during their marriage owed by B, who subsequently marries A, are as follows:
under Art. 87. o IF the mortgage is registered, X will not be prejudiced, as B will be
§ JDPD/1st marriage terminated by death – subsequent marriages bound to said mortgage.
can only be complete separation of property if there is no o IF the mortgage is NOT registered, B shall not be bound by the mortgage,
liquidation but he will lose his right to make use of the period (Art. 1198, CC: The
§ Parties cannot vary marital personal rights & duties that arise debtor shall lose every right to make use of a period when, by his own
on marriage by operation of law. actions, he has impaired the security given after its establishment, unless
§ Agreement cannot divest the children of the parties of legal he immediately gives new ones equally satisfactory)
rights. § B can ask A to make use of the collateral already established.
• No marriage settlement = ACP § B can also give equally satisfactory securities.
• There can also be a Mixed-Up Property Regime combining multiple types. § In case A says no to both, X can file an action to collect the
amount of indebtedness.
Prejudice to 3rd Parties • If X, despite judgment in his favor, cannot satisfy the debt because B no longer has
• Settlement & modifications must be recorded in LCR (of marriage contract) & exclusive property, X can obtain payment under 94(9).
registries of property • If X proves that B has no more separate property, he can use ACP to pay, & B’s
• Example: A & B, prior to their marriage, execute a valid marriage settlement. Two debt will simply be deducted from share of ACP if ACP is liquidated
of three properties of B in Q.C., San Juan & Makati, shall be excluded from the • If debt redounded to the benefit of the family, X can execute immediately on the
settlement. Only the Makati one will be included. mortgaged property.
o Had there been no agreement, A & B would own everything as ACP o o If property is registered in the proper registry & has the corresponding valid
Prior to marriage, B borrowed money from Y. B used the loan personally, TCT, a 3rd party can rely on the annotations. If a married man caused the
& it did not benefit the family of A & B. When debt became due, B description “single” & through continuous representation of singlehood,
defaulted. After obtaining a favorable court judgment, can Y, sells the property to an innocent purchaser for value & there are no other
3rd party creditor, execute on the Makati property now co-owned by A & indicators for said purchaser to be suspicious, transaction can’t be
B? annulled.
§ IF marriage settlement is properly registered, NO. Property is
now part of ACP, even if before it was owned separately by B, Fairness in Marriage Settlement
especially since there is still the property in Q.C. & San Juan. • In weighing fairness of provisions, case-to-case basis weighing all important factors
The Makati property can only be made liable for • If settlement is unfair, it can still be upheld if it is shown that the disadvantaged
COMMUNITY DEBTS now. spouse signed it understanding that her rights were waived
• Spouses must sign freely, intelligently & voluntarily

20 This should not be confused with Art. 94 (9) where, if the debtor-spouse’s properties are shown to be insufficient, the creditor can seek payment of the debts through the community property. Art. 94 (9) has nothing to do with registration or failure thereof & any resulting prejudice to third
parties.

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 • Burden of proof of invalidity is on the spouse who alleges it o BUT: If on its face, sentence of civil interdiction has been pronounced or who is subject to any other disability, it
the contract is unenforceable, a presumption of concealment arises, the burden shall be indispensible that a guardian appointed by a competent court be made a party thereto.
shifts & it is incumbent upon the other party to prove validity
Consent by those Designated by Law
Modifications • Applicability of Art. 78 is now in doubt as legal age & marrying age is now 18
• General rule: must be made before the celebration of the marriage, in writing & (Dec. 18, 1989, RA 6809)
signed by the parties; otherwise, the property regime is ACP • An 18 year old, at present, can execute a marriage settlement without consent.
• Modifications made after marriage NEED judicial approval & should only refer to • Civil interdiction (Art. 34, RPC) – deprives offender during his time of sentence of
instances provided in Art. 66, 67, 128, 135 & 136 of FC: the rights of parental authority, guardianship, marital authority, of the right to
o A revival of former property regime between reconciling spouses o In manage his property & the right to dispose of such property by any act.
case of abandonment or failure to comply with marital obligations o o Art. 31: Reclusion temporal & reclusion perpetua lead to civil interdiction
Aggrieved spouse can appeal to court & get a judicial separation of for life, even if pardoned as to the principal penalty, unless the same shall
property have been expressly remitted
o Spouses can do a voluntary & verified petition to modify their property o Art. 40, RPC: Death sentence, when not executed, leads to civil
regime into a separate community interdiction for 30 years.
o Otherwise, modification is not valid. • Under Art. 79, in case a person upon whom a sentence of civil interdiction has been
§ CANNOT be effected by mere execution of contract or pronounced or who is subject to any other disability, the court must appoint him a
agreement between the two parties guardian to be a party in the written marriage settlement.
§ EVEN if it’s related to debts
• Exception to the general rule that ACP will govern if no antenuptial agreement is Art. 80. In the absence of contrary stipulation in a marriage settlement, the property relations
executed: If a marriage is terminated by the death of a spouse & the living spouse of the spouses shall be governed by Philippine laws, regardless of the place of celebration of
marries again without a judicial or extrajudicial settlement from the first marriage the marriage & their residence. This rule shall not apply:
within one year from the death of the first spouse; in that case, the mandatory 1) Where both spouses are aliens;
regime of CSOP will govern. 2) With respect to the extrinsic validity of contracts affecting property not situated in the
Philippines & executed in the country where the property is located; &
Local Customs 3) With respect to extrinsic validity of contracts entered into in the Philippines but
• Custom – a rule of conduct formed by repetition of acts uniformly observed as a affecting property situated in a foreign country whose laws require different
social rule, legally binding & obligatory formalities for its extrinsic validity.
• A custom must be proved as fact, according to rules of evidence (CC)
• Local custom will apply when – Notes
1. Parties expressly state that it applies, or • Art. 80 (1) – does not apply if both spouses are aliens married in the Philippines
2. If parties stipulate in their settlement that they do not want ACP only, • Art. 80 (2) – lot is abroad & instrument is executed where lot is located
without stating otherwise what regime governs • Art. 80 (3) – lot is abroad but the instrument is executed in the Philippines
• IF marriage settlement says NO to ACP & local custom without stating a property
regime, the provision will be void. ACP will then apply anyway. Rules Governing Property Relations
• If parties are Filipinos, their property relations will be governed by Philippine laws
Art. 78. A minor who according to law may contract marriage may also execute his or her in the absence of any agreement to the contrary
marriage settlements, but they shall be valid only if the persons designated in Art. 14 to give • Art. 16, CC – Real & personal property will always be subject to the law of the
consent to the marriage are made parties to the agreement, subject to the provisions of Title country where it is situated
IX of this Code. • Property which is abroad will not be governed by Philippine laws o The extrinsic
validity of a contract involving properties abroad will not be governed by
Philippine laws, whether the contract is executed here or abroad. If the contract is

Katrina Monica C. Gaw | Block C 2018|

 executed in the Philippines, the laws of the country where the property is located Art. 84. If the future spouses agree upon a regime other than the ACP, they cannot donate to
would govern the extrinsic validity of the contract. each other in their marriage settlements more than 1/5 of their present property. Any excess
• Art. 80, 1st par. does not apply if both spouses are aliens married in the Philippines. shall be considered void.

Art. 79. For the validity of any marriage settlement executed by a person upon whom a Art. 81. Everything stipulated in the settlements or contracts referred to in the preceding

Donations of future property shall be governed by the provisions on testamentary succession

articles in consideration of a future marriage, including donations between the prospective & the formalities of wills.
spouses made therein, shall be rendered void if the marriage does not take place. However,
stipulations that do not depend upon the celebration of the marriage are valid. Donation Propter Nuptias
• Need not be in the marriage settlement
Notes • Without onerous condition, as marriage is the motive for the donation
• BASIC RULE: Donation propter nuptias within marriage settlements shall be • Remain subject to reduction for inofficiousness upon the donor’s death, If they
rendered void if marriage does not happen. should infringe on the legitime of a forced heir
o Void marriages have no prescriptive periods. • MUST be made
o INCLUDES a scenario where the in-laws also put their donations to the 1) Prior to the celebration of the marriage
couple in the marriage settlement. 2) In consideration of the same
3) In favor of one of the contracting parties or both
Efficacy of the Marriage Settlement • IF the donation has stipulations, like:
• Consideration of the marriage settlement is the marriage itself. o Marriage has to be childless
• General Rule: If marriage does not take place, the marriage settlement is generally o One of the spouses has to die before the donation operates o Donation
rendered void. was in favor not of the wife but of the parents who raised her
o EXCEPTION: stipulations that do not depend upon the celebration of the o CANNOT be regarded as one made in consideration of marriage
marriage shall be valid • NOT donations by reason of marriage:
§ Ex. Support of common child (whether legitimate or 1) Made in favor of the spouses after the celebration of marriage
illegitimate) of the contracting parties who decide not to get 2) Executed in favor of the future spouses but not in consideration of marriage
married 3) Granted to persons other than the spouses even though they may be founded
• If some provisions in a marriage settlement are invalid, but do not affect the rest of on the marriage
the provisions, only the invalid ones will be ineffectual. The provisions of a
marriage settlement are thus separable. Donation of Present Property
• MOVABLE PROPERTY donations:
CHAPTER 2: DONATIONS21 BY REASON OF MARRIAGE 1) May be oral or written
a. If oral, document representing the thing or the thing itself must be
Art. 82. Donations by reason of marriage are those which are made before its celebration, in delivered simultaneously
consideration of the same, & in favor of one or both of the future spouses. b. If the value of the thing is more than 5,000 pesos, the donation &
acceptance shall be in writing. Otherwise, donation shall be void.
Art. 83. These donations are governed by the rules on ordinary donations established in Title 2) Donee must accept the donation personally or through an authorized person
III of Book III of the Civil Code, insofar as they are not modified by the following Articles. with a special power for the purpose, or with a general or sufficient power
a. Acceptance during lifetime of donor & donee
• IMMOVABLE PROPERTY donations:
1) Must be made in a public document

21 Donations are unilateral acts & are effective when accepted.

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 a. Specify the property to be donated • He reserves sufficient means to support himself & all relatives who, by law, are
b. The value of the charges which the donee must satisfy entitled to support from the donor
2) Acceptance may be made in the same deed of donation or in a separate public § NO PERSON MAY GIVE OR RECEIVE, BY WAY OF
document DONATION, MORE THAN HE MAY GIVE OR RECEIVE
a. Must take effect during lifetime of donor BY WILL. Otherwise, the donation is inofficious.
b. If acceptance is in a separate instrument, donor should be notified in an • Ex. If A gave a donation PN to Z in the amount of P60,000, but his entire estate is
authentic form; this step shall be noted in both instruments P100,000, A’s only son, G, is prejudiced as it extends on his compulsory legitime o
Only son gets ½ of A’s estate supposedly
CLASS SCENARIO (A) (P50,000) o The other P50,000 is the free
Q: X is the proud of future son-in-law Y for finishing law school. X thus awards Y with a car. portion A can give to anyone. This is the only
Y, however, breaks up with X’s daughter, W. Can X revoke the donation? A: If it is a amount he can give to Z.
donation by reason of marriage, & Y refuses to return the car, X has 8 years to file a case o Donation given by A to Z is inofficious; Z
from the time he makes the demand & Y refuses. should give back P10,000 he got from A
• It can be argued that not applying the 1/5 rule messes with the spirit of the law (Art.
Donation Propter Nuptias (PN) of Future Property 87) o Donation is an act of pure liberality & is not negotiated
• Shall be governed by provisions on testamentary succession & formalities of a will o Donations are not part of the property
• Document containing future donation may be handwritten o BUT if it is settlement
handwritten, it MUST be entirely handwritten, dated & signed by donor o 1/5 rule applies in a settlement because
• If not handwritten, it must be subscribed at the end thereof by the donor himself or there are negotiations; but when it’s outside
the donor’s name written by some other person in his presence, & by his express of the settlement, it’s just an act of
direction, & attested & subscribed by 3 or more credible witnesses in the presence liberality
of the donor & of one another.
o Every will must be acknowledged before a notary public by the donor Art. 85. Donations by reason of marriage of property subject to encumbrances shall be valid.
& the witnesses In case of foreclosure of the encumbrance & the property is sold for less than the total amount
of the obligation secured, the donee shall not be liable for the deficiency. If the property is
Donation between Future Spouses sold for more than the total amount of said obligation, the donee shall be entitled to the
• If ACP = donation PN is useless excess.
• Requisites for valid donation PN:
1) Valid marriage settlement Notes
2) Marriage settlement stipulates a property regime that is not ACP • Ordinarily, when you buy a property with an annotation, you take over the burden
3) Donation contained in the settlement is not more than 1/5 of the present of those annotations.
property of the donor • But in Art. 85, as donation is gratuitous, donee will not be held liable for any liens
4) Donation must be accepted by would-be spouse recorded, & is entitled to any excess
5) Must comply with requisites in Title III Book III of the CC
• If the parties never executed a marriage settlement, making a donation PN would be Donation with Encumbrance
useless, as marriage will be governed by ACP by default • Donee’s rights are subject to encumbrance
• If there is a marriage settlement, but the donation PN is not in the settlement o The • Donee cannot seek reimbursement from the donor for the donation that was
not more than 1/5 rule will not apply foreclosed; at most, donee is entitled to any excess that wasn’t used to pay the
o More freedom to give more, as Title III of Book III of CC will encumbrance
dictate § Donation may comprehend all present party of the
donor § PROVIDED: Art. 86. A donation by reason of marriage may be revoked by the donor in the following
cases:

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 1) If the marriage is not celebrated or judicially declared void ab initio except the operation of law pursuant to Art. 50, which provides that
donations made in the marriage settlements, which shall be governed by Art. 81; Art. 43 (3) shall also apply in proper cases where
2) When the marriage takes place without the consent of the parents or guardian, as marriages are declared void under Art. 40.
required by law; c. If the donee does not want to return the donated property, the donor
3) When the marriage is annulled, & the donee acted in bad faith; should file an action to recover the thing donated & his right of
4) Upon legal separation, the donee being the guilty spouse; action starts from the finality of the JDNOM.
5) If it is with a resolutory condition & the condition is complied with; i. If it is movable property, prescription period is 8 years.
6) When the donee has committed an act of ingratitude as specified by provisions of the ii. If it is immovable, prescription period is 30 years.
Civil Code on donations in general. 2) Bad faith on the part of both parties in Art. 41 (i.e., JDPD) – REVOKED by
operation of law
General Rule a. Donations are revoked by operation of law according to Art. 44
• In all cases except in the case of void marriages, if the donee is NOT in bad faith, 3) In all other cases where marriage is declared void not in Art. 40, 52, 53 or
the donation CANNOT be revoked 41 – revocation is at the OPTION OF THE DONOR
• “Void donations” & “donations revoked by operation of law” are the same a. GENERALLY, donations made in good faith marriages cannot be
revoked, UNLESS said marriage is void.
Marriage Not Celebrated b. Art. 86 (1) will apply; donor has option.
• If the donation PN is not in the marriage settlement: When the marriage is not i. Good faith or bad faith of donee is irrelevant. ii. Donor has
celebrated, donor has the option to revoke or maintain the donation o Prescriptive option to revoke or not to revoke after JDNOM, for a
period: 5 years from the moment the marriage is not solemnized on the fixed date prescription period of 5 years.
• If the donation PN is in the marriage settlement: The donation is void. o 4) Bigamy – 2nd spouse generally has option to revoke donations to bad faith
Prescriptive period: Action does not prescribe. bigamous spouse unless they were already living together/adulterous
• If the donation is not by reason of marriage, donation is still valid. a. Donations of 2nd spouse to bigamous spouse – may or may not be
revoked by the 2nd spouse
Marriage Judicially Declared Void b. Donations given by bigamous spouse to 2 nd spouse – void IF the two
• There MUST be a judicial declaration that the marriage is void before donation can of them are guilty of adultery or concubinage at the time of donation
be revoked by the donor. c. Donations given by bigamous spouse & bigamous spouse while they
• Generally, good faith or bad faith is immaterial when the marriage is judicially were already cohabiting without a valid marriage – void (Art.
declared void. 87, FC)
• BUT there are 5 scenarios that can arise, depending on the reason why the marriage d. Donations in a situation where the first marriage entered into by the
is void: ‘bigamous spouse’ is void, & said ‘bigamous spouse’ subsequently
1) Art. 40, 52 & 53 (i.e., a subsequent marriage is void because there was no marries another person (in effect making the second marriage void
JDNOM for the 1st marriage) – REVOKED for bad faith spouse by operation by failure to get a JDNOM before remarrying) (Art. 40 marriage) –
of law i. Donations made by the 2nd spouse are revoked by
a. Art. 86 (1) would prevail if based on statutory construction, as it was operation of law upon the finality of the JDNOM of the
written later on in the Code. first marriage of the ‘bigamous spouse’ & his 1st spouse
b. Sta. Maria view: Revoked by operation of law IF the doneespouse ii. BUT donations made by the ‘bigamous spouse’ to his 2 nd
contracted the marriage in bad faith (spirit of the law) spouse would be void IF the two of them lived together as
i. Example: A’s first marriage is void with C is void, but he husband & wife without the benefit of
gets no JDNOM. Later, A marries B. A knew all along marriage (Art. 87, FC)
that he needed a JDNOM for his marriage with C. Before 5) Both parties are in good faith
the wedding, B gave A a donation PN. Upon finality of the a. Donor, after the JDNOM is given, can choose whether or not to
JDNOM between A & B, the donation shall be revoked by revoke the donation (Art. 86 (1))

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 b. Ex. Marriage between X & Y where X gets a JDNOM under Art. 40 action to recover the property lost; this would give the donor 8
but fails to liquidate his property as required under Art. 52, in good years for personal property, & 30 years for real property
faith – any donation of X to Y & vice versa may be revoked by the o Hence: Art. 43 (3) is the way!
them at their option, if both entered into the 2 nd marriage in good • NOTE: There are instances when a donation PN remains effective
faith. despite the annulment & cannot be revoked – i.e., where there is no
c. Prescription of 5 years from the JDNOM bad faith spouse, even if there is an injury
o Ex. The donee-spouse informed the 3rd party donor & the other spouse that
No Consent of Parents or Guardian Where One of the Parties is Aged 18-21 he has a serious & incurable STD or is impotent; the donee-spouse is not
• Donation may be revoked by the donor; donor can be a 3rd person in bad faith here, & any donation PN given to him is valid & cannot be
• Has 5 years from the time of the knowledge that the needed consent revoked.
was not obtained by the parties
• The knowledge of non-consent, in this case, can come only on or
Legal Separation
after the marriage o If he or she knew of the non-consent before the
• The donor-spouse has the option to revoke
marriage, donor may not revoke because the parent can still give
• Prescription: 5 years from the judicial declaration of LS (decree is
their consent anytime before the marriage ceremony takes place
necessary)
• If marriage does not take place, Art. 86(1) or Art. 81 will apply in
• If the ground is sexual infidelity or concubinage, a donation made
the proper cases
between persons who are guilty of adultery or concubinage at the
time of the donation shall be void
Annulled Marriage & Donee Acted in Bad Faith
• There are conflicting provisions in the Family Code as regards
Resolutory Condition
annulment & the revocation of donations where a spouse is in bad
• If the donation PN is one with a resolutory condition & the condition
faith o Art. 50 in relation to Art. 43(3) – the donation is revoked by
is complied with, the donation may or may not be revoked
operation of law if donee acted in bad faith; IF there is good faith in
• Resolutory condition – the happening of a future & uncertain event
an annulled marriage, donation CANNOT be revoked (this is the
operates to extinguish the right or the obligation o Ex. X’s father
view preferred by
donates a car to him, but says the donation will be revoked if X &
Sta. Maria) o Art. 86 (3) – in an annulment, the donation is revocable at
his wife leave Philippines. If X & wife leave, hence fulfilling the
the instance of the donor, where the donee is in bad faith
resolutory condition, X’s father may choose to revoke the donation.
• How Resolved
• Prescriptive period if the donation is made by a third party: 5 years
o Art. 86 (3) is later, so statutory construction says apply this o BUT: Art.
from happening of resolutory condition
43 (3) is more in harmony with the general tenor of the provision on
• Prescriptive period if the donation is made by one spouse to the
annulment (i.e., the bad faith spouse must not be
other: Not subject to prescription o Art. 1109, CC: Prescription does
allowed to benefit)
not run between husband & wife, even though there be a separation
o Also: Giving the innocent spouse the option to revoke may lead to
of property agreed upon in the marriage settlement
difficulties because guilty spouse can bargain with innocent spouse &
attempt to change the innocent spouse’s mind
Acts of Ingratitude
§ Also not a good deterrent for those who marry to get rich
• Art. 765 of CC:
§ Art. 86 (3) would mean that that there is a prescription period
1) If the donee should commit some offense against the
of 5 years from the finality of the annulment decree
person, honor or property of donor, or his wife, children
§ BUT if it is revoked by operation of law, no need to file an
under his parental authority (kids under 18)
action to revoke the donation – refusal to return will lead to an
2) If the donee imputes (libel 22) to the donor any criminal
offense, or any act involving moral turpitude, even though
22 In such a case, that the libelous statement is true is not a defense

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 it can be proven, unless the crime or act is committed 3) To a common adopted child who has no other compulsory
against the donee himself, his wife or kids heir/s;
3) If he unduly refuses him support when the donee is legally 4) To the parents of the other spouse;
or morally bound to give support to the donor 5) To the other spouse’s adopted child who has no
o Scenario: Your ninang loses everything in a storm; she once donated compulsory heirs or in cases when at the time of the
something to you. After she loses everything, she asks if she can receive donation, the only surviving relative of the adopted is the
support from you. You say no. In this situation, your ninang can revoke other child
the donation she once gave to you. • Anytime the donation may redound back to the spouse, it is
• Period: Must be done within 1 year from the time the donor had considered an indirect donation o VALIDITY OF A DONATION is
knowledge of the ingratitude & it was possible for him to bring suit; determined AT THE TIME IT WAS GIVEN
alienations shall subsist § Ex. If the donation to a stepchild was given when the stepchild had
no children, but then later the stepchild has children already, the
Void Donations donation is still void
• Art. 739, CC: Donations made by those guilty of adultery or o EXCEPTION: Donation by both spouses in favor of their common
concubinage shall be void o Ex. The husband transfers property to legitimate children for the exclusive purpose of commencing or
2nd wife at the time of marriage with 1st wife completing a professional or vocational course or other activity of
selfimprovement are valid; these are chargeable to the ACP or CPG
Art. 87. Every donation or grant of gratuitous advantage, direct or indirect, between the
spouses during the marriage shall be void, except moderate gifts which the spouses may give Persons Who Can Challenge the Validity of Transfers
to each other on the occasion of any family rejoicing. The prohibition shall also apply to • CANNOT be challenged by those who had absolutely no relation to
persons living together as husband & wife without a valid marriage. the parties to the transfer at the time it occurred & had no rights or
interests inchoate, present, remote, or otherwise, in the property in
Reasons question
• Undue & improper pressure & influence
• The provision also applies to a man who lives with a woman not his CASE: Rodriguez v. Rodriguez
wife, but in this case, for the donation to fall under Art. 87, it must Facts: A mother sold her exclusive property to her daughter. Later, the daughter sold the
be shown that the donation was made AT A TIME WHEN THEY property to her father, for the purpose of converting the property of the mother to CPG
WERE STILL LIVING TOGETHER as husband & wife without the property. This would in effect result in an evasion on the prohibition against donations from
benefit of marriage one spouse to another during coverture. Can the wife file a case to later on attempt to nullify
• CASE: Agapay v. Palang – A transfer is also invalid if it is obvious the donation from daughter to father?
that there was connivance to make the transfer appear like a sale Held: No. SC held the transaction was evidently designed to circumvent the legal prohibition.
when it was actually a donation. Still, it refused to nullify the transaction on the ground that, while the cause involved an illicit
• Indirect donations are also not allowed; thus, the Art. 87 also consideration, all parties knew the illicit purpose of the scheme, making them all guilty. Thus,
prohibits the following donations of a spouse: no one could recover what was given by virtue of the contract. SC applied the pari delicto
1) To a stepchild who has no compulsory heir &/or legal rule.
heirs, such as his or her children, other than the other
spouse at the time of the donation; Effect on Reserva Troncal23
2) To a stepchild who has no compulsory heir &/or legal • Art. 891, CC, dealing with the law on succession, provides that the ascendant who
heirs, such as his or her children, other than the other inherits fro his descendant any property which the latter may have acquired by
spouse at the time of the donation; gratuitous title from another ascendant, or a brother or sister, is obliged to reserve

23 NOT discussed by freshmen

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 the property as he may have acquired by operation of law for the benefit of relatives • This is to be construed strictly; they cannot buy lands that are not strictly
within the third degree & who belong to the line from which the property came. agricultural, either
• There may be instances where a father donates to his son property during his § CASE: Ting Ho v. Teng Gui – A Chinese citizen acquired a
lifetime. This is technically not allowed under the FC because it is an indirect parcel of land, together with the improvements thereon. Upon
donation. Despite this, reserva troncal will still fully apply. his death, his heirs claimed that the properties are part of the
estate of their deceased father. However, SC ruled that the land
CHAPTER 3: SYSTEM OF ABSOLUTE COMMUNITY & improvements are excluded as the father was a foreigner, &
hence he never became the owner of the land.
Section 1. GENERAL PROVISIONS § CASE: Muller v. Muller – A Filipina & her husband bought
Antipolo property. When they separated, the husband sought
Art. 88. The absolute community of property between spouses shall commence at the precise reimbursement. SC did not allow the reimbursement, as the
moment the marriage is celebrated. Any stipulation, express or implied, for the husband had no right to make claims on the land.
commencement of the community regime at any other time shall be void. § CASE: Frenzel v. Catito – Similar to cases above; Australian
executed deeds of sale under the name of his common-law
Absolute Community of Property (ACP) Filipina girlfriend; when they broke up & the Australian sued
• All properties owned by the contracting parties before the marriage ceremony & her, SC held: “One who loses his money or property by
those which they may acquire thereafter shall comprise the absolute community of knowingly engaging in an illegal contract may not maintain an
property regime o Spouses become co-owners of all the properties in the ACP o No action for his losses.”
waiver of rights, interests, shares & effects of the ACP can be made except upon § CASE: Cheesman v. IAC – A Filipina & her husband acquired
judicial separation of property a parcel of land under the Filipina’s name. The Filipina sold the
• In a partial separation of property regime, the property not agreed upon as separate parcel of land to a 3rd person without her husband’s knowledge.
shall pertain to the absolute community (Art. 144, FC) However, SC gave him no right to nullify the sale
• Only those discussed in the marriage settlement to be separate & those enumerated
in Art. 92 are excluded from the ACP Commencement
• Traditional oneness of the Filipino family is reflected in ACP o Even the Civil • ACP commences at the precise moment of the celebration of marriage
Code Commission thought so, but at the time they had decided that CPG was more • Any stipulation, express or implied, that it begins at any other time shall be void o
revolutionary as a concept A provision that states that the CPG shall govern the property relationship until
after the 5th anniversary of the couple, when it will automatically convert to ACP, is
Alien Married to Filipino void
• In ACP & CPG, an alien married to a Filipino cannot have any interest in the o No automatic change is allowed even later in the marriage without the
community or partnership property o CASE: Matthews v. Taylor – A Filipina wife court’s intervention
need not obtain consent from her foreigner spouse before leasing a space they own,
because the alien spouse is not considered the owner of the property; otherwise, Art. 89. No waiver of rights, interests, shares, & effects of the ACP during the marriage can
allowing the alien to have a claim would be allowing him to circumvent the laws on be made except in case of judicial separation of property.
aliens not being allowed to acquire land in PH. In the end, the Filipina wife is seen When the waiver takes place upon a judicial separation of property, or after the marriage has
by the law as the sole owner of the property. been dissolved or annulled, the same shall appear in a public instrument & shall be recorded
§ Aliens are disqualified by the Constitution from acquiring as provided in Art. 77. The creditors of the spouse who made such waiver may petition the
private or public lands. Only Filipinos or corporations at least court to rescind the waiver to the extent of the amount sufficient to cover the amount of their
60% of the shares of which are owned by Filipinos can own credits.
land
§ Foreigners are only allowed to own Philippine land under Art. 90. The provisions on co-ownership shall apply to the ACP between the spouses in all
constitutionally-recognized exceptions matters not provided for in this Chapter.

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 entitled to get 500K as her share. B is indebted to X in the
Section 2. WHAT CONSTITUTES COMMUNITY PROPERTY amount of 100K. If B decides to waive her entire share in favor
of A, X has the right to seek rescission of the waiver amounting
Art. 91. Unless otherwise provided in this Chapter or in the marriage settlements, the to 100K (to be taken from B’s supposed share of 500K) to
community property shall consist of all the property owned by the spouses at the time of the protect X’s interest.
celebration of the marriage or acquired thereafter. o If the waiver takes place without a judicial separation of property decree,
such waiver shall be void – it will be contrary to law & public policy
Art. 92. The following shall be excluded from the community property: (Art. 6, CC & Art. 89, FC)
1) Property acquired during the marriage by gratuitous title by either spouse, & the fruits
as well as the income thereof, if any, unless it is expressly provided by the donor, CLASS DISCUSSION (M)
testator or grantor that they shall form part of their community property; A spouse cannot sell, donate, of waive a right in favor of other spouse because the share of
2) Property for personal & exclusive use of either spouse. However, jewelry shall form each spouse is merely inchoate, an expectancy. The nature of an interest of a spouse in an
part of the community property; ACP is inchoate. That is the philosophy behind Art. 89.
3) Property acquired before the marriage by either spouse who has legitimate
descendants by a former marriage, & the fruits as well as the income, if any, of such Exclusions
property. • Four excluded properties from ACP — Art. 91 is at the discretion of the parties, &
Art. 92 are statutory exclusions (& are thus mandatory)
Art. 93. Property acquired during the marriage is presumed to belong to the community, • 1st - Marriage Settlement – anything that the spouses exclude from the community
unless it is proved that it is one of those excluded therefrom. property in their marriage settlements
• 2nd – Gratuitous Title – must be a valid gratuitous acquisition during the marriage,
Special Type of Co-Ownership & includes the fruits & incomes of the subject matter as well
• ACP is a special type of co-ownership; that’s why laws on co-ownership can also o CANNOT be donations made by a spouse to the other spouse involving
apply to ACP. substantial amount of separation properties which, in the marriage
• Spouses can individually use things owned in common, so long as – o Each does so settlement, has been agreed upon as not included in the
in accordance with the purpose for which it was intended & community property (Art. 87)
o The use does not injure the interest of the co-ownership or prevent the co- o HOWEVER, the donor, testator or grantor may provide that the property,
owner from using it according to their rights (Art. 486, CC) fruits & income will form part of the community property
• Any one of the co-owners may bring an action for ejectment (Art. 487, CC) • 3rd – Personal & Exclusive Use – Property for personal & exclusive use of either of
• BUT UNLIKE AN ORDINARY CO-OWNERSHIP the spouses, either those brought inside the marriage or bought during the marriage
o No waiver of rights, interests, shares & effects of the ACP during the o Excludes jewelry, which must involve a substantial amount o Property in this
marriage can be made except in case of judicial separation of property exclusion must be interpreted in terms of value (cost) o If a spouse has an expensive
o Like in CPG, the interest of the parties in the property is merely inchoate car worth 1M & which is for his “personal & exclusive use,” this is considered as
or an expectancy prior to liquidation part of the ACP if it can be shown that the spouses are not even very rich to simply
be able to afford such an expensive car
• When a waiver takes place upon judicial separation of property, or after a marriage
has been dissolved or annulled, the same shall appear in a public instrument & shall • 4th – Property from a Previous Marriage – property + fruits & income of said
be recorded as provided in Art. 77. property of either spouse when they still have legitimate descendants from a former
marriage o Descendants are not just children, but include grandchildren,
• “Upon judicial separation” in par. 2 of Art. 89 – covers the time period during &
greatgrandchildren & all other descendants, who must all be legitimate
after judicial separation o Creditors of the spouse who made such waiver may
petition the court to rescind the waiver to the extent of the amount sufficient to o If a previous marriage is void, & the kids from those marriage become
cover the amount of their credits illegitimate, & thereafter one of the parties marries again, the properties
§ Ex. Spouses A & B had their ACP worth P1M dissolved in acquired by said party upon liquidation of the 1 st marriage belong to the
accordance with law. Upon judicial separation of property, B is ACP of the 2nd marriage

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 o If a previous marriage is annulled or declared void under Art. 36 or Art. shall remain separate during the marriage, the
52 & 53, the children born or conceived under such marriage is stipulation is valid.
legitimate, the property acquired by the spouse with children from a o If, using the said amount, the husband subsequently buys a house which is
previous marriage will not belong to the ACP; it shall belong to the used as a family home, the house cannot be considered his separate
spouse with the legitimate children or to the children as presumptive property but a part of the ACP.
legitime § Reasons:
o If marriage is terminated by death & there is no liquidation, the • The absence of a counterpart provision to Art. 109 (4)
subsequent marriage is governed by complete separation of property in for ACP
accordance with Art. 103 • Art. 93, FC: Property acquired during the marriage is
§ If there was liquidation, the property regime is ACP or what is in presumed to belong to the community unless it is
the marriage settlement; but if the surviving spouse has provide that that it is one excluded therefrom.
legitimate descendants, the properties owned by the surviving • Art. 91, FC: Unless otherwise provided in this
spouse acquired before the subsequent marriage shall remain chapter or in the marriage settlement, the community
separate even if ACP governs the subsequent marriage property shall consist of all the properties owned by
the spouses at the time of the celebration of the
CLASS DISCUSSION (M) marriage or acquired thereafter
Art. 93, No. 3 tells us that the status of a child can determine inclusion or exclusion of a • Does not fall in any of the exceptions
specific property in the community regime. § The law does not provide that property purchased with the
Q: A & B are married. They have a child. The marriage is declared void because there is no exclusive money of the wife or husband shall be excluded from
marriage license. There was a liquidation of the properties forming part of A & B’s property the community property, UNLIKE in CPG
from when they were married. A later bought a mansion, & married X without a prenuptial • Same conclusion as above if the house was donated to the husband & the husband,
agreement. What is the property regime in the subsequent marriage? after becoming owner of the house, sells the property to a 3 rd person. o The money
A: The regime of ACP. obtained through the sale is part of the ACP.
Q: Is the mansion that A bought included in the subsequent ACP, despite A & B having a o Same result will be reached when money is obtained from the sale of
child together? personal & exclusive properties under Art. 92 (2)
A: YES, because the child is illegitimate by reason of the void marriage of A & B. Q: What if • When items in Art. 92 (3) are sold during the marriage, the money obtained from
the first marriage was declared void because of psychological incapacity? Is the mansion such will also be part of the ACP of the subsequent marriage.
included in the subsequent ACP? • When a property is exchanged or bartered for another property, the result would be
A: NO. By express provision of law, a child born within a marriage declared void by the same, unless the property received will qualify as a property used for personal
psychological incapacity is legitimate. & exclusive use of the recipient spouse o Unlike 109(3) for CPG
• All of this strengthens the complete unity between husband & wife through ACP24
Nature of Acquired Property Using Separate Properties • THUS:
• Art. 109 (4), FC: one of the exclusive properties of o
the spouses in relation to the • For properties in Art. 92 to be considered separate, it must be maintained as such o
CPG is that which is purchased with the exclusive money of the wife or husband o If a spouse sells property involved in the exclusions, that is his own prerogative, but
This is not so for ACP; there is no provision on ACP regarding exclusive if he does so, he parts with the “property”
properties. Thus, it can be the assumed intention of the Code Commission to § Proceeds or objects received are not anymore protected as
make the husband & wife truly a single community exclusive properties
• If a marriage settlement provides that the 1M won by § FC favors ACP rather than separation of property
the husband in the sweepstake prior to the marriage

24 The book shares another point of view (to which the author does not agree) – An object bought using separate property, proceeds obtained from the sale of separate property, or items received by way of exchange or barter of the separate properties excluded in Art. 91 & 92 will not necessarily

make said object part of the ACP. Otherwise, it would be easy to circumvent or negate the purpose of stipulations in a settlement. This view does not seem to have any support in the Family Code itself.

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Section 3. CHARGES UPON & OBLIGATIONS OF THE ABSOLUTE COMMUNITY o Transportation includes expenses in going to & from school & work o
Illegitimate children – governed by provisions of Support in FC
Art. 94. The absolute community of property shall be liable for: § Taken from separate property of parent-spouse
1) The support of the spouses, their common children, & legitimate children of either § In case of absence or insufficiency of the exclusive property of the
spouse; however, the support of illegitimate children shall be governed by the parent of the illegitimate children, the ACP shall pay the support, but
provisions of this Code on Support; said support is considered an advance to be deducted from the share of
2) All debts & obligations contracted during the marriage by the designated administrator- the parent concerned upon liquidation of the ACP
spouse for the benefit of the community, or by both spouses, or by one spouse with the
consent of the other; CLASS SCENARIO (M)
3) Debts & obligations contracted by either spouses without the consent of the other to the Q: A & B are married. A has an illegitimate child. Who should support the child?
extent that the family may have been benefited; A: A.
4) All taxes, liens, charges, & expenses, including major or minor repairs, upon the Q: Where will the property come from?
community property; A: A’s separate property.
5) All taxes & expenses for mere preservation during marriage upon the separate property Q: If the separate property of A is lacking, who shall pay the child’s expenses?
of either spouse used by the family; A: The community property of A & B, but the share will be taken from A’s share.
6) Expenses to enable either spouse to commence or complete a professional or vocational
course, or other activity for self-improvement; Debts & Obligations
7) Antenuptial debts of either spouse insofar as they have redounded to the benefit of the • If the administration of the property is delegated to one of the spouses & he or she,
family; as the administrator during marriage, contracted a debt or obligation for the benefit
8) The value of what is donated or promised by both spouses in favor of their common of the community, the ACP shall be liable for the same o Consent of the other
legitimate children for the exclusive purpose of commencing or contemplating a spouse – not needed
professional or vocational course or other activity for selfimprovement; o HOWEVER, there must be proof that it redounded to the benefit of the
9) Antenuptial debts of either spouse other than those falling under par. (7) of this Article, family
the support of illegitimate children of either spouse, & liabilities incurred by either • Even when NOT for the benefit of the family , the ACP is liable for the debts of one
spouse by reason of a crime or quasi-delict, in case of absence or insufficiency of the spouse who obtains the consent of the other spouse before incurring said debt or
exclusive property of the debtor-spouse, the payment of which shall be considered as obligation o Consent may be express or implied
advances deducted from the share of the debtor-spouse upon liquidation of the o CASE: Marmont Resort World Enterprises v. Guiang – The case deals with
community; & the issue of whether or not the husband consented to a debt. The wife
10) Expenses of litigation between the spouses unless the suit is found to be groundless. contracted a debt alone, but her husband signed the contract as a witness.
If the community property is insufficient to cover the foregoing liabilities, except those He thus impliedly consented to the debt & the ACP (& in effect, he
falling under par. (9), the spouses shall be solidarily liable for the unpaid balance with their himself) is liable for the debt.
separate properties. • If a debt was contracted during marriage, even when NOT for the benefit of the
family & WITHOUT consent of the other spouse, the ACP is liable to the extent
Support that the family may have been benefited o If the debt does not redound to the benefit
of the family, the separate property of the debtor-spouse is liable
• The most sacred & important of all obligations imposed by law
• If a debt was contracted prior to the marriage , ACP is liable if the debt redounded
• Others may sometimes fail, but this one should never fail unless with a valid cause
to the benefit of the family o Separate property is liable if it does not redounded to
• Comprises everything indispensible for sustenance, dwelling, clothing, medical
the benefit of the family
attendance, education & transportation, in keeping with the financial capacity, of
o If the exclusive property of the debtor-spouse is insufficient, the ACP will
the family
pay the debt, but the payment will be considered as an advance to be
o Education includes schooling & training for some profession, trade or
deducted from the share of the debtor-spouse upon liquidation of the
vocation, even beyond the age of majority
community

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 • Losses due to family business or the exercise of profession by any of the spouses – § Art. 2193, CC: Head of a family who lives in a building is
charged to ACP o BUT: Any personal undertaking by a spouse, such as making responsible for damages caused by things thrown or falling
himself a surety or guarantor to an obligation of another person, is NOT from the same
considered to be for the benefit of the family § Art. 2187, CC: Manufacturers or processors of foodstuffs,
drinks, toilet articles, or similar goods shall be liable for death
Taxes, Liens, Charges, Repairs or injuries to customers caused by any noxious or harmful
• ACP will be charged for the ff. in relation to the community property: substances used
o Taxes & liens o § Art. 2176 also applies to acts or omissions of those persons for
Charges & expenses o whom one is responsible
Major & minor repairs • Damages caused by employees while doing things they were employed to do
• Consent of other spouse is NOT needed § Quasi-delicts are covered by Art. 2177-2194 of CC (Ch. 2,
Title XVII, CC)
Taxes & Expenses for Preservation of Separate Property
• ACP is also accountable for the expenses incurred to preserve the separate property Expenses of Litigation
of any of the spouses, on the premise that such separate property is used by the • ACP is charged when:
family during the marriage o The suit is between the husband & wife, & o
The suit is not groundless
Expenses or Donation for Self-Improvement Activities § Ex.: When it is obvious that the other spouse will be acquitted
• Expenses for education or training of either spouse – chargeable to ACP because of prescription, the case is groundless
• Value of what is donated or promised by BOTH spouses in favor of their common § But just because the other spouse loses the case because there
legitimate child for the exclusive purpose of commencing or completing a is no proof beyond reasonable doubt, the case is not necessarily
professional or vocational course or other activity for selfimprovement is groundless
chargeable to ACP o If only 1 of the spouses donate, this may fall under the • ACP is also charged for suits that are not between the husband & wife, as long as
prohibition under Art. 87, making void any direct or indirect donation between the the suit benefits the family
spouses • CASE: Seva v. Nolan – A wife was criminally sued by her husband for adultery;
§ A donation by one spouse to a common child who has no she spent attorney’s fees to defend herself. She was later acquitted. SC ruled that
descendants or compulsory heir other than his parents is an the legal fees she spent during the litigation were chargeable to the ACP as the
indirect donation to the other spouse right to a good name & reputation are vital & deserving of protection as the right to
existence, which is the meaning of the right to support.
Liabilities by Reason of a Crime or Quasi-Delict • CASE: Recto v. Harden – A wife made a contract with her lawyer that she would
• ACP will not pay for obligations arising from crimes or quasi-delicts of a spouse pay 20% of the value of her share in the CPG she has with her husband when it is
• In case spouse’s property is insufficient, ACP shall pay as an advance, which will liquidated. SC ruled that this contract did not bind the CPG, as the wife merely
later be deducted from the share of the debtor spouse upon liquidation; bound HERSELF, i.e., assumed a personal obligation to pay, by way of contingent
possible sources of liability include the ff. – o Art. 100, RPC: One who is fees. The 20%-amount is merely the BASIS of the computation, but the lawyer
criminally liable for a felony is also civilly liable does not actually get her share in the CPG.
o Art. 2176, CC: Whoever by act or omission causes damage to another,
there being fault or negligence, is obliged to pay for the damage done; if Solidary Liability of the Spouses
there is no pre-existing contractual obligation between the parties, such • Solidary obligations – where several creditors or debtors or both concur, & where
fault or negligence is called quasi-delict each creditor has the right to demand & each debtor is bound to perform, in its
§ Art. 2189, CC: A proprietor of a building is responsible for the entirety, the prestation constituting the object of the obligation o If 2 debtors
damages resulting from its total or partial collapse if it is due solidary owe a creditor an amount of money, the creditor may demand payment
to lack of necessary repairs from both or he may choose to ask payment from anyone of the debtors

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 o Creditor can ask for the full amount of the obligation, not only the part
constituting the share each of the debtors owe CLASS DISCUSSION (M)
o Even if a creditor runs after the wife’s entire property, the wife can seek This whole provision can be summarized. In this provision, we speak of COMMUNITY
payment from the husband, as the liability between husband & wife is solidary DEBTS, & not community ownership. When are there community debts?
• Spouses are SOLIDARILY liable with their separate properties if the community Rule #1
property is insufficient to cover ACP liabilities. GR: If it redounds to the benefit of the family, the debt ALWAYS pertains to community
o BUT this solidary liability does not include – debts. This is whether the debt was made before or during the marriage. EXC: When the debt
§ Ante-nuptial debts not redounding to the benefit of the family is immoral and invalid; though it redounded to the benefit of the family, the separate property
§ Support of illegitimate kids of either spouse of the erring spouse will be liable.
§ Liabilities incurred by the spouse by reason of a crime or quasi- Rule #2
delict Though it did not redound to the benefit of the family, if both spouses consented to the
expense, then the expense is a community debt.
Insolvency of Spouses Par. 9, on the other hand, speaks of a special rule. When can a creditor or aggrieved party or
• In an insolvency proceeding, an assignee is appointed o Represents the an illegitimate child reach the community property for payment of obligations as a matter of
insolvent & creditors, whether voluntary or involuntary o Takes all the properties right?
of the insolvent & converts the estate, real or personal, into money to settle the When the spouse-debtor, in relation to his separate debt, has no more or inadequate personal
debts of the debtor property, & it is so proven, the illegitimate child, creditor, or aggrieved party can reach the
• As long as the ACP exists, its property cannot be among the assets to be taken community property.
possession of by the assignee for the payment of an insolvent debtor’s obligations,
except insofar as the latter has redounded to the benefit of the family (Art. 2238, Art. 95. Whatever may be lost during the marriage in any game of chance, betting,
CC) sweepstakes, or any other kind of gambling, whether permitted or prohibited by law, shall be
• Differences between CC & FC in relation to ACP: borne by the loser & shall not be charged to the community, but any winnings therefrom shall
o Art. 206, CC: the ownership, administration, possession & enjoyment of the form part of the community property.
common property belong to both spouses jointly & in case of
disagreement, the courts shall settle the difficulty Gains & Losses in Games of Chance
§ 2nd sentence of Art. 2388, CC: If it is the husband who is insolvent, • Games of chance may unnecessarily deplete the ACP/CPG o Includes the
the administration of the CPG or ACP may, by order of the lotto, even if the lotto is legal
court, be transferred to the wife or to a 3rd person other than the • Losses incurred are borne by the loser
assignee • Winnings form part of the community property
• Prevents the husband, who usually acts as the actual administrator, from dissipating • Provision necessarily connotes that the spouses parted with some valuable
the assets of the ACP which may be held liable for the insolventhusband’s debts consideration hoping that some valuable return will be gained o Ex. If a stranger
o Art. 96, FC: Administration jointly belongs to both the husband & wife, with gives one of the spouses a sweepstake ticket without consideration, & said spouse
the husband’s decision will prevail in case of disagreement, but the wife won prize money, the winning will be considered separate property in accordance
can seek annulment of the contract with Art. 92 (1) of FC, unless the donor expressly provides that it shall form part of
§ 2nd sentence of Art. 2388, CC still applies under FC, especially the community property
because there is an explicit provisional statement that the § This is because the prize money is “income” derived from the
husband’s decision will prevail in the meantime ticket; recall that property acquired by gratuitous title, as
• Hence: If both the spouses maintain joint administration & 1 of them becomes well as the fruits & income thereof, are excluded from ACP
insolvent, the right of the insolvent spouse to jointly administer the ACP/CPG may
be curtailed by the court; the non-insolvent spouse becomes the sole administrator Section 4. OWNERSHIP, ADMINISTRATION, ENJOYMENT, & DISPOSITION OF THE
of the ACP/CPG. The court can also appoint a 3 rd person, other than the assignee, COMMUNITY PROPERTY
as administrator.

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*Art. 96. The administration & enjoyment of the community property shall belong to both o NOTE: Rules of co-ownership apply only in a suppletory character
spouses jointly. In case of disagreement, the husband’s decision shall prevail, subject to § In cases of conflict between co-ownership provisions & FC
recourse to the court by the wife for a proper remedy, which must be availed of within 5 years provisions, FC will prevail
from the date of the contract implementing such decision. o Example: The marriage of H & W are governed by ACP.
In the event that one spouse is incapacitated or otherwise unable to participate in the § If H repairs the roof of the house to prevent leaking, he can do
administration of the common properties, the other spouse may assume sole powers of so without the consent of W.
administration. These powers do not include the powers of disposition & encumbrance which § If H decides to alter the appearance of the roof to make it more
must have the authority of the court or written consent of the other spouse. In the absence of beautiful, he must get the consent of W.
such authority or consent, the disposition or encumbrance shall be void. • If H proceeds with the alteration without W’s consent, only H is liable for expenses
However, the transaction shall be construed as a continuing offer on the part of the consenting incurred, unless W ratifies it
spouse & the 3rd person, & may be perfected as a binding contract upon the acceptance by the • If W does not ratify it, W can demand that the altered roof be removed & the
other spouse or authorization of the court before the offer is withdraw by either or both original roofing returned at the expense of H
offerors. • HOWEVER, if the alteration redounds to the benefit of the family, like if it
prevents the roof from completely decaying, the alteration, even without W’s
Joint Administration & Enjoyment consent, would be valid & the ACP will be liable for debts incurred because of the
• There is joint administration spouses are co-owners of the properties they alteration o If ordinary rules of co-ownership applied, the alteration would have
introduced into the marriage & acquired after the marriage ceremony been invalid even if it redounded to the benefit of the family
• Administration may be validly delegated to only one spouse in the marriage • In case of disagreement, husband’s decision prevails o Wife can go to court for
settlement recourse within 5 years from the date of the contract implementing such decision
• Joint management or administration does not require the husband & wife to always § Going to court does not necessarily mean a desire to change the
act together o Each spouse may validly exercise full power of management alone, administrator, but merely to settle the particular disagreement
subject to intervention of the court in the proper cases § Proceeding will be summary in nature (Art. 253, FC) o Ex. if there is
o Thus: Though the general rule is that all parties to a suit have to sign a a disagreement regarding alteration of a common property & the
certification against forum shopping, the signature of the husband or wife husband objects, the wife can go to court. If wife pushes through
alone is substantial compliance with the requirement if the case involves with alteration without husband’s consent, he can also go to court
the community property of the spouses, even if both • Par. 1 of Art. 96 includes the power to dispose, encumber, & alienate (broad
parties are petitioners to the case treatment) & includes these powers in the general power of management &
§ Each spouse is reasonably presumed to have knowledge of the administration.
filing or non-filing of the other spouse o Thus, same concept of husband’s decision prevailing & wife going to court
• Each spouse may act individually without the consent of the other in case of repairs applies when the husband decides to sell a lot jointly owned against the
to the property wife’s wishes.
• Rules of co-ownership that apply to ACP: • Par. 2 of Art. 96 DOES NOT include the power to dispose, encumber & alienate
o Repairs for preservation may be made by the will of 1 of the coowners, (limited by law).
but if practicable, he should first notify his co-owner of such repairs
o Art. 489, CC: Expenses to improve or embellish the thing shall be CLASS DISCUSSION (M)
decided by the co-owners the thing shall be decided by the co-owners There are always questions on this particular provision. There are 2 parts in Art. 96. Par. 1:
o Art. 491, CC: None of the spouses can make alterations on a thing owned The modus vivendi is that the decision of the husband prevails, subject to rescission by the
in common without the consent of the other, even if benefits from all wife within 5 years.
result therefrom Par. 2: In case of incapacity of a spouse, the capacitated spouse assumes responsibility. But
§ BUT: Art. 94(2), FC: If the alteration redounds to the benefit of all alienations & encumbrance must have consent of both parties. Without consent of both
the family, ACP will be liable for the expenses incurred, parties, it is void.
which implies that the alteration is valid Who will eventually perfect the contract?

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Either the capacitated spouse who will finally consent, OR the court will perfect it for the
parties. CASE: Aggabao v. Parulan
In a situation where a seller’s capacity to sell is restricted by reason of marriage, the buyers
CLASS SCENARIO (M) must show that they inquired not only into the title of the seller but also into the seller’s
Q: A & B are married, have ACP as their property regime, & live in Mindanao. A went to capacity to sell. Buyers must observe two kinds of requisite diligence: (1) the diligence in
Manila. B & children are all in Mindanao. B wanted to sell Lot X, but A disagreed with B. B, verifying the validity of the title covering the property; & (2) the diligence in inquiring into
nevertheless, as the husband, sold Lot X. What paragraph applies, the first or the second? the authority of the transacting spouse to sell conjugal property on behalf of the other
A: Par. 2 applies. This paragraph talks about being (1) unable to participate, and (2) spouse.
incapacity of the other spouse. The one in Manila is unable to participate in the sale. Facts: When the buyers purchased the 2 properties in issue, they checked the authenticity of
Therefore, the par. 1 deals with the situation where both are capacitated or able to participate the TCTs of the properties & inquired about the mortgage annotated in one of the TCTs. They
(this scenario is taken from the case involving the Spouses Antonio). argue that their actions demonstrate that they have exercised due diligence in the transaction,
Q: Now we go to the case of Abalos. The husband is incapacitated. He is paralyzed from the & it should thus be considered a valid transaction. When they purchased the property,
neck down. The wife said she will sell their car. Husband says OK. Wife sells the property. Is however, they dealt only with Ma. Elena, who had a SPA allegedly signed by her husband
the sale valid? Dionisio in her favor. Did the buyers exercise the requisite amount of diligence to validate the
A: NO, it’s void. The only acceptable consent in the 2 nd paragraph is WRITTEN CONSENT. transaction?
Q: Under the 2nd paragraph, can the wife automatically assumed sole powers of Held: No. Looking into the TCTs is not enough. The buyers should have also diligently
administration? inquired into the authority of Ma. Elena to convey the property. The buyers knew fully well
A: NO. The spouse must FIRST go to court. that the law demanded the written consent of both the husband & the wife to convey the
Q: What must the proceeding be, summary or not summary? property. Yet they failed to make inquiries as to Dionisio’s execution of the SPA purportedly
A: IT DEPENDS. There are two grounds in par. 2 – one is incapacity, and one is unable to in favor of Ma. Elena. Had they made the appropriate inquiries, they would have learned that
participate. Incapacitated is like what happened in Abalos – paralysis, or comatose. If that’s the spouses had actually already been estranged from each other at the time & were under de
the case, what must be filed is a petition for judicial guardianship. If it is “unable to facto separation, & that they probably held conflicting interests that would negate the agency
participate” because the other spouse cannot be found, or they are physically separated, then between them. The omission to inquire indicated their not being buyers in good faith.
that is the summary proceeding under the Family Code. SC ultimately held that the transaction was void & was not subject to future ratification.
Furthermore, any counter-offer by an agent could not validate the contract, for it had no effect
Effect of Alienation & Encumbrance from the beginning.
• Any disposition by one spouse of community properties in ACP, completely
without the knowledge & consent of the other spouse, is void. o Prior to FC, such a CLASS DISCUSSION (M)
contract would be voidable only o No prescriptive period as such contract is void Q: A & B are married. A talked to X and asked X if X wanted to buy Lot W. X said he
• HOWEVER, there are cases when a 3 rd party purchaser is protected by law o Ex. If wanted to. X then checked out the title of Lot W, where the title stated that “A & B were
a TCT for a piece of land states that the person named therein is single, when he is actually married.” X bought the property anyway. B sought to have the case declared void. Is
in fact married & the marriage is governed by ACP, the sale of the said property by B’s case to prosper? Is the sale valid?
the registered owner to the 3rd person (an innocent purchaser-for-value) who in A: It can be annulled. Though generally statements on titles are merely descriptions which do
good faith relies on the official annotation, CANNOT be voided not affect the validity of certificates of title, the phrase “married to B” is a red flag to any
§ Purchaser-for-value in good faith could also sell the property to buyer. Such buyer is no an innocent purchaser for value if he does not investigate.
another without obtaining consent from anyone, unless the Q: What if A shows X a special power of attorney allegedly signed by B?
buyer has been informed previously that the seller is in fact A: SC said this is not enough. X must go DEEP into the SPA.
married
§ Remedy of the aggrieved spouse: compel the erring spouse to Right of Wife or Husband to Nullify
account for the proceeds of the sale • As the case of Aggabao states, if there is no knowledge & no consent of one
§ BUT if the 3rd party purchaser acts in bad faith, the contract can spouse, the sale of ACP property is void.
be voided • BUT: If there is knowledge of a contract, but a spouse does not consent, the
contract entered into by the husband, whose decision initially prevails in case of

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 disagreement, is not void, but merely annullable at the instance of the wife. o Wife Facts: The wife executed a mortgage with a 3rd party on conjugal property without the consent
has 5 years from the date of the contract implementing the decision to go to court & of her husband. Subsequently, the wife executed a SPA in favor of her husband (which the
seek remedies such as annulment husband agreed to) with respect to said mortgage.
o Wife can nullify the entire contract & not just her share of the property o Held: While the mortgage was initially void for violating Art. 124 (Art. 96’s twin provision
BUT: If the wife ratifies the contract by any express or implied act, she on administration under CPG), the contract was a continuing offer. The subsequent execution
can no longer seek annulment even within the 5 years; it will be as if the of the SPA with respect to the mortgage was the acceptance by the other spouse that perfected
contract suffered from no legal infirmity as of the time it was entered into the continuing offer as a binding contract between the parties, making the mortgage a valid
• Husband can also seek relief if wife’s decision was implemented o He can file an contract.
injunction suit to stop the implementation of the contract for having been entered
into by the wife also in his name without authority (hence, the contract becomes Art. 97. Either spouse may dispose by will of his or her interest in the community property.
unenforceable)
o OR nullify it on the grounds that it is against law & public policy Disposition by Will
• Will – an act whereby a person is permitted, with the formalities provided by law,
Effect of Incapacity of One of the Spouses on Administration to control to a certain degree the disposition of his estate to take effect after his
• If the other spouse is absent, separated in fact, has abandoned the other, or the death (Art. 738, CC)
consent is withheld – the other spouse may assume sole power of administration • Legitime – that part of the testator’s property which cannot be disposed of; the law
through a summary proceeding (Art. 253, FC) has reserved it for COMPULSORY heirs (Art. 886, CC)
• If the subject spouse is an “incompetent” who is in a comatose, a victim of stroke, • A spouse can validly dispose of his specific separate properties in a will, as long as
cerebrovascular accident, without motor or mental faculties, or other such issues – it does not infringe on the legitime of compulsory heirs o HOWEVER, as ACP is a
the proper remedy is a judicial guardianship proceeding under the Revised Rules of co-ownership, the spouse can only dispose of his interest in the ACP & not a
Court; NOT a summary proceeding under the FC specific property belonging to the ACP
• IN ANY EVENT: If the administrator spouse wants to sell real property, he must • A disposition made in a will of an interest in the community property cannot be
observe the procedure for the sale of the ward’s estate required of judicial considered a waiver of such interest in the ACP (which is illegal, under Art. 89, FC)
guardians; as the administrator spouse in this case, he must perform the duties of a
guardian Art. 98. Neither spouse may donate any community property without the consent of the other.
o Spouse who assumes administration cannot dispose or encumber property However, either spouse may, without the consent of the other, make moderate donations from
without judicial approval or written consent of the the community property for charity or on occasions of family rejoicing or family distress.
incapacitated spouse
o Any contract or disposition, encumbrance or alienation shall be void Reason for Prohibiting Donations
• Prohibition against gifts or donations of the community property without the
Continuing Offer & Perfection consent of the other is for the protection of the latter’s share from the prodigality of
• Offer between 3rd party & the consenting spouse becomes continuing offer if a reckless or faithless spouse
contract is void • Donations by both spouses or with consent of the other spouse are generally valid –
• Perfection of contract is obtained only through judicial authorization or the written subject to revocation/reduction should such donations turn out to be inofficious or if
consent of the incapacitated spouse – the contract will only be effective upon this they infringe on the legitime or successional rights of another compulsory heir (Art.
written acceptance or court authorization 760-773, CC) o HOWEVER, even with the consent of the other spouse, the
donorspouse cannot make a substantial donation, whether direct or indirect, to the
CASE: Flores v. Lindo consenting spouse during the marriage (Art. 87, FC)
Subsequent execution of SPA by previously non-consenting spouse validates the previously • By way of exception, either spouse may, without the consent of the other, make
void contract. moderate gifts from the community property for charity or on occasions of family
rejoicing or distress o Moderation – depends on the financial situation of the
spouses & ACP

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 • ALSO: Donations made by both spouses in favor of their common legitimate Nullity Decree
children for the exclusive purpose or commencing or completing a professional or • Generally, there is no ACP in a void marriage – property regime is under either
vocational course or other activity for self-improvement are valid & chargeable to Art. 147 or 148 o Art. 147 – when the man & woman are capacitated to marry live
ACP exclusively with each other without the benefit of marriage or under a void
marriage
Section 5. DISSOLUTION OF THE ABSOLUTE COMMUNITY REGIME § Liquidated in accordance with co-ownership under the Civil
Code (NOT under Art. 102, FC dealing with ACP)
Art. 99. The absolute community terminates: § When only 1 of the spouses is in good faith, the share of the
1) Upon the death of the other spouse party in bad faith in the co-ownership is forfeited in favor of
2) When there is a decree of legal separation their common children & descendants, each vacant share shall
3) When the marriage is annulled or declared void belong to the respective surviving descendants
4) In case of judicial separation of property during the marriage under Arts. 134 to 138. • In the absence of descendants, share will belong to innocent party
o Art. 148 – when a void marriage does not fall under Art. 147
Dissolution of the Community Property § Liquidated using rules of co-ownership also
• Termination of ACP does not necessarily mean termination of marriage o BUT the § Forfeiture process described in Art. 147 shall apply also, even
termination of the marriage simultaneously results in the dissolution of the ACP if both parties are in bad faith
• After dissolution comes liquidation & partition • EXCEPTION: Art. 40 – in case a party fails to get a JDNOM for his 1 st void
marriage before entering into a 2nd marriage, the 2nd marriage also becomes void o
Death of Either Spouse Art. 50 – In such a case, Art. 43 par. (2), (3), (4), & (5) shall apply
• Civil personality is extinguished by death (Art. 42, CC) o Effect of death on the § Art. 43 (2) – dissolution of ACP & forfeiture procedure in case
rights & obligations of the deceased is determined by law, by contract, & by will either spouse acts in bad faith
• Art. 103, FC: Upon termination of the marriage by death, the community property o Thus, in cases involving Art. 40, it is the ACP/CPG that is dissolved – in
shall be liquidated in the same proceeding for the settlement of the estate of the Valdes v. RTC, this is explained as an acknowledgment of the fact that void
deceased marriages are inexistent from the beginning & a JDNOM is technically not
necessary, though the law now provides for it as a requisite.25 o
Legal Separation Decree (JDLS)
• One effect of the JDLS – dissolution & liquidation of ACP/CPG o Offending Judicial Separation of Property (JSOP)
spouse shall have no right to any share of the net profits earned by the ACP/CPG, § May be voluntary or involuntary o Voluntary – parties can file their
which shall be forfeited in accordance with the provisions of Art. 63 (2) in relation agreement for separation of property in court to obtain necessary court
to Art. 43 (2) approval (Art. 136)
• Upon reconciliation, they may agree to revive the property regime (Art. 67, FC) § After approval, parties can file for a revival; once revived, however, no
Annulment Decree (JDAOM) voluntary SOP may be granted thereafter (Art.
• Art. 50, 2nd par.: Final judgment in JDAOM shall provide for: o The 141 [7]) o Involuntary – must be for a sufficient cause & must
liquidation, partition, & distribution of the properties o The custody & support have court approval (listed in Art. 135, FC)
of the common children o The delivery of presumptive legitime 1) Spouse of the petitioner has been sentenced to a penalty which
• ACP will be dissolved & liquidated; but if either spouse acts in bad faith, his share carries with it the penalty of civil interdiction;
in the net profits of the ACP shall be forfeited in favor of the common children, or 2) Spouse of the petitioner has been judicially declared an
of there be none, the children of the guilty spouse by a previous marriage, or in absentee;
default of children, the innocent spouse (Art. 43, par. 2 in relation to Art. 50)

25 HOWEVER, in Nicdao Cariño v. Cariño, SC ruled that a VALID 2nd marriage celebrated without a JDNOM for the 1st marriage is bigamous & the property regime will be co-ownership. Sta. Maria does NOT agree with this view.

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 3) Loss of parental authority of the spouse of the petitioner has GR: The separation of the spouses does not affect the community property. For example, any
been declared by the court;2627 salary earned by the separated spouse still pertains to the community property.
4) Spouse of the petitioner has abandoned the latter or failed to EXC: The listed terms in the provision.
comply with his obligations to the family as provided in Art.
101; No Support
5) Spouse granted the power of administration in the marriage • Spouse who leaves the conjugal home without just cause will not be entitled to
settlement has abused that power; support28
6) At the time of the petition, the spouses have been separated in o Fault must always be PROVEN
fact for at least 1 year & reconciliation is highly improbable. o Mere fact of leaving, which cannot be presumed as culpable, when there
is no evidence of any fault or guilt on the part of the one who separates,
Liquidation After Affidavit of Reappearance does not constitute a reason for annulling the right to support
§ When a reappearing spouse or an interested person under Art. 41 files an • If spouse leaves for a valid cause, he shall still be supported by ACP o ACP can be
affidavit of reappearance to terminate the 2 nd marriage o Art. 43: held liable for the support of the leaving spouse & for expenses to enable the
Termination of 2nd marriage leads to dissolution of ACP/CPG spouse to commence or complete a professional or vocational course, or other
§ If either spouse contracts a 2nd marriage in bad faith, his share of the net activity for selfimprovement
profits of the ACP/CPG will be forfeited in favor of their common o ACP is liable still for all debts & obligations incurred by the separating
children, the children of the guilty spouse by a previous marriage or if spouse that redounds to the benefit of the family
there be none, the innocent spouse • If spouse who left is proven to be at fault or he left without just cause, the erring
spouse cannot be supported by the ACP even if he is a co-owner of the same
Art. 100.35 The separation in fact between husband & wife shall not affect the regime of ACP o Drastic penalty for disrupting the unity of the family o BUT ACP may
except that: still be held liable for expenses incurred which are for the benefit of the
1) The spouse who leaves the conjugal home or refuses to live therein, without just family (esp. those enumerated in Art. 94)
cause, shall not have the right to be supported;36
2) When the consent of one spouse to any transaction of the other is required by law, CLASS SCENARIO (M)
judicial authorization shall be obtained in a summary proceeding; Q: Let’s say A & B, married, & co-own a condominium. B left the family home without just
3) In the absence of sufficient community property, the separate property of both cause. B said that he just wants the rent of the condominium which anyway, he co-owns.
spouses shall be solidarily liable for the support of the family. The spouse present Can B have it?
shall, upon proper petition in a summary proceeding, be given judicial authority to A: NO, because of Art. 100 (1).
administer or encumber any specific separate property of the other spouse & use the
fruits or proceeds thereof to satisfy the latter’s share. Court Authorization
• When the consent of the other spouse is required by law, judicial authorization shall
Effect of Separation in Fact be obtained in a summary manner (Art. 239-248, FC)
• Generally, ACP is not affected o ACP will still be liable for all the obligations • Any of the spouses, whether or not he was the one who left the home & even
incurred by either spouse for the benefit of the family without valid cause for having left, can seek judicial relief
o Liable for all charges provided in Art. 94 • Ex. Husband left home in bad faith & without valid cause. However, he needs
o Separate property of each spouse is still liable when ACP is insufficient money to have funds to pay for the school matriculation fees of a common child for
for expenses incurred for the benefit of the family the latter’s education, & the only way to get money is to sell the car that belongs to
• EXCEPTIONS to general rule are in Art. 100 the ACP. In this case, the husband can seek for judicial authorization if the innocent
spouse refuses to give her consent to the sale, or if the consent cannot be obtained
CLASS DISCUSSION (M)
26 For (1), (2), & (3), judicial decree is all that is needed
27 Art. 100 v. Art. 101 – Art. 100 is not really abandonment; it is just the refusal of one spouse to live in the same place as the other 36 Only one that is solely addressed to the leaving spouse
28 Support is to be understood as it is defined in the Family Code; thus, anything necessary for sustenance & living, including food, clothing, transportation, etc. will be withheld in this situation from the spouse who left.

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 As a general rule, any balancing out or reimbursement should be at the point of • Reliefs in Art. 101 apply ONLY IF one of the spouses fail to comply with his liquidation. But if one of the spouses
leaves the conjugal home, under Art. 100 (3), there marital obligations to the family (marital, parental, property relationship)
can already be reimbursement by the guilty spouse. • Example: if a designated spouse abuses his administration, any of the reliefs
provided in Art. 101 can be availed of
CLASS SCENARIO (M) o BUT mere refusal or failure of the administrator of the property to
Q: X & Y are married. X borrowed money from C, a creditor, at P500K to pay the support inform the other spouse of the progress of the family business does of the children. X left without just
cause. Credit of P500K became due. The community not constitute abuse
property was insufficient to pay the P500K. As between the person missing & the person § Not enough that the husband performs acts prejudicial to
present, who will C sue? the wife
A: The person present – thus, Y – because of solidary liability. Y will be liable on his or § Not sufficient that he performs acts injurious to the her separate property. But Y can thereafter run after X.
Though as a general rule, partnership if it is just the result of insufficient or negligent reimbursement will be made only at the time of liquidation, in the special case in Art. administration
100 (3), Y will already get reimbursements by managing the separate property of X. o Abuse – willful & utter disregard of the interest of the partnership, evidenced by repetition of deliberate
acts &/or omissions prejudicial to the latter
Art. 101. If a spouse without just cause abandons the other or fails to comply with his or her • BUT TAKE NOTE: Arts. 101 & 128 use the words “fails to comply” – if the negligence or
obligations to the family, the aggrieved spouse may petition the court for receivership, for inefficiency is not isolated, but so gross & constantly done without any effort or only with a token
JSOP, or for authority to be the sole administrator of the ACP, subject to such precautionary effort to improve, reliefs in Art. 101 &
conditions as the court may impose. 128 may be availed of by the aggrieved spouse o IF it is shown that this failure to comply is the
The obligations to the family mentioned in the preceding paragraph refer to marital, parental, result of psychological incapacity to perform the marital obligations, which existed at the
& property relations. time of the marriage, the marriage can be considered void under Art. 36
A spouse is deemed to have abandoned the other when he or she has left the conjugal • If the abandonment without just cause is for more than 1 year, another remedy
dwelling without intention of returning. The spouse who has left the conjugal dwelling for a is filing for legal separation under Art. 55 (10).
period of 3 months or has failed within the same period to give any information on his or her
whereabouts shall be prima facie presumed to have no intention of returning to the conjugal
dwelling. Abandonment Section 6. LIQUIDATION OF THE ACP ASSETS & LIABILITIES
• A departure by one spouse with avowed intent never to return, followed by prolonged absence
without just cause, & without providing in the least for the family although able to do so Art. 102. Upon dissolution of the absolute community regime, the ff. procedure shall apply:
• Absolute cessation of marital relations, duties, & rights with intention of perpetual separation 1) An inventory shall be prepared, listing separately all the properties of the absolute
• Ex. The husband denies admission of the wife to their conjugal dwelling when she returns community & the exclusive properties of each spouse;
from a trip, & refusal by the husband to give his wife financial support. The physical 2) The debts & obligations of the absolute community shall be paid out of its assets. In
separation of the parties & the refusal of the husband to support his wife is sufficient to case of insufficiency of said assets, the spouses shall be solidarily liable for the
constitute abandonment as a ground for JSOP unpaid balance with their separate properties in accordance with the provisions of
• Abandonment must not only be physical, but also moral & financial desertion – courts are the 2nd par. of Art. 94;
careful in appreciating the evidence on whether or not abandonment really exists on the 3) Whatever remains of the exclusive property of the spouses shall thereafter be
part of one of the spouses o A judgment declaring JSOP when there is no true delivered to each of them;
abandonment may forever shut the door to reconciliation 4) The net remainder of the properties of the absolute community shall constitute its
• Three things abandoned spouse may petition for: assets, which shall be divided equally between the husband & the wife, unless a
1) JSOP different proportion or division was agreed upon in the marriage settlement, or
2) Receivership unless there has been a voluntary waiver of such share as provided in this Code. For
3) Sole administration of ACP/CPG purposes of computing the net profits subject to forfeiture in accordance with Arts.
• Art. 101 & 128 provide a presumption – if the spouse leaves the conjugal home for 3 months 43 (2) & 63 (2), the said profits shall be the increase in value between the market
or has failed within the same period to give info on his or her whereabouts, there is a value of the community property at the time of the celebration of the marriage & the
presumption that said spouse has no intention to return to the conjugal dwelling market value at the time of its dissolution;
5) The presumptive legitimes of the common children shall be delivered upon
partition, in accordance with Art. 51;
6) Unless otherwise agreed upon by the parties, in Katrina Monica C. Gaw | Block C 2018| 116
the partition of the properties, the
conjugal dwelling & the lot on which it is situated shall be adjudicated to
Failure to Comply with Family Obligations
o Properties stipulated in the marriage settlement as separate (Art. 91) o Three exclusions referred to in Art. 92:
1) Property acquired during the marriage by gratuitous title by either spouse, & the fruits & income thereof, unless it is expressly
the spouse with whom the majority of the children choose to remain. Children • In case of the insufficiency of the ACP, the spouses are solidarily liable for the
below the age of 7 are deemed to have chosen the mother, unless the court has unpaid balance with their separate properties
decided otherwise. In case there is no such majority, the court shall decide, taking
into consideration the best interests of the child. Step 3: Delivery of Exclusive Properties
• After payment of the debts of the ACP (including debts paid for by the exclusive
Liquidation Procedure properties of the spouses), the next step is to deliver whatever remains of the
• Dissolution of the ACP occurs upon the happening of events listed in Art. 99 EXCLUSIVE PROPERTIES of the spouses to each of them; refers to:
• Generally, Art. 102 details the manner by which ACP shall be settled after or provided by the donor, testator or grantor that they shall form part of
during dissolution o In a voluntary JSOP, the liquidation may instead be governed the ACP
by the agreement of the parties, so long as the court approved the same 2) Property for personal & exclusive use of either spouse, excluding
jewelry
Step 1: Inventory 3) Property acquired before the marriage by either spouse who has
• All properties or assets at the time of the dissolution must be inventoried, itemized legitimate descendants from a former marriage, & the fruits &
& valued; includes: o The ACP property o The separate properties of the spouses income of said property
• It is an error to determine the amount to be divided by adding up the profits which
were made each year by the community’s continuance & saying that the result Step 4: Partition of Net Assets
thereof is that amount • Equal division of the net assets o Net assets = net remainder of the community
• In the appraisal of the properties, it is the market value or, in default thereof, the property after undertaking the 1st 3 steps
assessed value at the time of liquidation that must be taken into account o NOT the o Interest of the parties is limited to these net assets
purchase value • Unless a liquidation has been made, it is IMPOSSIBLE to say whether or not there
• The process of liquidation may take some time; if the proceedings take a long time will be a net remainder to be divided between the properties
& the values suffer some alterations, there is nothing to prevent a new valuation • Equal sharing shall not apply if a different proportion is agreed upon in the
when the last stage is reached (i.e. the actual division or partition) so long as ALL marriage settlement UNLESS there is a voluntary waiver of such share as provided
the properties are newly appraised in reference to the same period of time o There in the FC (but waiver must be valid) o If waiver is made during subsistence of
is no law or doctrine that a prior appraisal is conclusive upon the parties & the ACP, such waiver is invalid or ineffective (Art. 89, FC)
courts o Valid waivers only occur upon JSOP or after the marriage has been
dissolved or annulled
Step 2: Payment of Debts § Must be contained in a public instrument (Art. 89, par. 2)
• After inventory, all debts of ACP must be paid o Includes obligations in Art. 94 • In case of JDAOM & JSOP, ACP shall be dissolved & liquidated o If either spouse
o HOWEVER, under Art. 94 (9), payments made by the ACP due to the acted in bad faith, his share in the net profits of the conjugal property shall be
insufficiency of the separate property of the debtor spouse for the ff. are to be forfeited in favor of the common children, the children of the guilty spouse by a
considered advances to be deducted from the share of the debtor-spouse upon previous marriage, or the innocent spouse
liquidation of the ACP: o Computation: Increase in MV of the community property at the time of
1) Ante-nuptial debts which have not redounded to the benefit of the the celebration of marriage & MV at the time of its dissolution
family
2) The support of illegitimate of the debtor-spouse
3) Liabilities incurred by debtor spouse by reason of crime or
quasidelict

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 • In case marriage is void & falls under Art. 147/148 & only 1 of the parties is in • In void marriages under Art. 40, 52 & 53, the forfeiture rule in case of dissolution
good faith, share of the bad faith spouse29 shall be forfeited in favor of their of ACP (not the rules on void marriages) shall apply
common children o In case of default of, or waiver by any or all of the common
children or their descendants, each vacant share shall belong to the respective CLASS DISCUSSION (M)
surviving descendants; in the absence of descendants, the innocent party Q: A & B are married. Marriage is declared void or annulled. There was no partition,
o In all cases, forfeiture takes place upon the termination of the
cohabitation
liquidation, or distribution on the assets of the first marriage. A married X. What is their o If both spouses have died, the conjugal partnership shall be
property regime? liquidated in the testate or intestate proceedings of either
A: The property regime is co-ownership either under Art. 147 or 148. Under Art. 52, after • Extrajudicial partition: If the decedent spouse left no will & no debts, & the a JDNOM, the decree must
be recorded & there must be liquidation, partition, & heirs are all of age or the minors are represented by their judicial legal or legal distribution. Without these, the subsequent marriage is VOID.
representatives, duly authorized for the purpose, parties may, without securing Q: Where does complete separation of property apply? letters of administration from the court, divide the estate
among themselves as
A: When the marriage is terminated by DEATH & there is no liquidation, and then there is they see fit by means of a public instrument filed in the office of the register of subsequent marriage. In
that case, it is a valid marriage unless there are other reasons deeds
for its nullity, but the regime of the second marriage is complete separation of property. o Should they disagree, they may do so in an ordinary action for
partition
Delivery of Presumptive Legitime o If there is only 1 heir, he may adjudicate to himself the entire estate
• Delivered only after the finality of the JDAOM (Art. 45) or of the nullity of a by means of an affidavit filed in the office of the registrar of deeds subsequent void marriage under Art. 40,
52, 53, as stated in Art. 51. • If upon the lapse of the 1-year period from the death of one of the spouses, no
• Delivery of presumptive legitime NEED NOT BE MADE in case of a JDNOM other liquidation is made, any disposition or encumbrance involving the community than a subsequent void
marriage due to non-observance of Art. 40. property of the terminated marriage shall be void
• The children or their guardian, or the trustee of their property may ask for the o Reason: Upon death of a spouse, only the interest to the property & enforcement of the judgment in
accordance with the last par. of Art. 51. not any physical & definite property is vested on the heirs o Made via a summary judicial proceeding under Art. 253. § If there are creditors, the
interest will only vest after the
• Value of presumptive legitime – computed as of the date of final judgment payment of the debts of the decedent o Shall be delivered in cash, property or sound securities, unless the § It is
only after liquidation & partition when specific parties, by mutual agreement judicially approved, had already properties are definitely & physically determined that a sale
provided for such matters (Art. 51) of such allotted property can be made
§ Hence, although after the death of the decedent, the heirs
CLASS DISCUSSION (M) can sell, waive, or alienate their INTEREST in the inherited
Art. 102 (5) is only about cases of annulment and subsequent void marriage; in some property, they cannot sell a specific property as the same void marriages, presumptive legitimes is not
delivered. can only be determined after liquidation & partition

29 Note the difference: generally, when a marriage is declared void & a party is in bad faith, said party’s entire share in the coownership is forfeited, whereas in JDAOM/JSOP & Art. 40, only the share in the profits is forfeited (A)

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 Art. 103. Upon the termination of the marriage by death, the community property shall be
liquidated in the same proceeding for the settlement of the estate of the deceased. If no
judicial settlement proceeding is instituted, the surviving spouse shall liquidate the
community property either judicially or extra-judicially within 1 year from the death of the
deceased spouse. If upon the lapse of said period, no liquidation is made, any disposition or
encumbrance involving the community property of the terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage without compliance with the
foregoing requirements, a mandatory regime of complete separation of property shall govern
the property relations of the subsequent marriage.
Nature of Interest of Heirs Prior to Liquidation
• Art. 103 & 130 are similar (ACP & CPG); explanation here is valid for both
• While the spouses have an interest in the ACP/CPG, the spouses cannot claim any definite property at the time when the ACP/CPG is still in existence
• Upon the death of one spouse, the right of the heirs vest o The right of succession of a person are transmitted from the moment of death
o Thus, if the deceased is survived by a spouse & compulsory heirs (like the legitimate children), the ACP/CPG (which was dissolved by the death of the spouse) evolves into a co- ownership
between the
o surviving spouse & the kids
Void Sales under Art. 103 Example: If the surviving wife & three of her kids divide a property, she
• A sale of community property is void automatically if: gets ½ of the property & her kids get a share as well, so that:
1. It is sold without the liquidation of the community property after 1 year following the § Wife gets 5/8 = 1/2 + 1/8
o
death of one of the spouses § Children get 1/8 each
2. It is sold with liquidation of the community property, but while the liquidation process is Each co-owner owns the whole, & over it he exercises rights of dominion,
not yet complete but at the same time he is the owner of just a share
§ Until the division is effected, such share cannot be concretely
Liquidation Upon Death determined
• Judicial partition (Sec. 2, Rule 73 of the Rules of Court): When a marriage is • As co-owner, the spouse or heirs can undertake any act of dominion over their dissolved by the death of a
spouse, the community property shall be interest, but not over a specific concrete property
inventoried, administered & liquidated, & the debts thereof paid, in the estate o Art. 493, CC: Each co-owner shall have the full ownership of his part & or intestate proceedings of the
deceased spouse the fruits & benefits pertaining thereto, & he may therefore alienate, assign, or mortgage it, although the effect of the alienation or
mortgage shall be limited to the portion allotted to him in the division power to sell them, if necessary, for the payment of the debts of the
upon the termination of the co-ownership deceased
• Prior to liquidation & partition, the interest of an heir in the estate of the deceased • It is only AFTER LIQUIDATION that definable property can be claimed &
person may be attached for purposes of execution, even if the estate is in the adjudged to them from the remainder of their properties after satisfaction of
process of settlement before the courts o Rule 57, Rules of Civil Procedure: one of ALL the obligations which the community properties must pay o Specific, concrete
the properties that can be attached for purposes of execution is the “interest of the properties CANNOT BE DONATED by any co-heir prior to liquidation &
party against whom attachment is issued in property belonging to the estate of the partition
decedent, whether as heir, legatee, or devisee.” • CASE: Anderson v. Perkins – The administrator of the deceased spouse sought to
o The right of participation in the estate & the lands thereof may be sell certain properties allegedly owned by the deceased spouse. SC issued an order
attached & sold even if the value of the heir’s share is indeterminable stopping the sale, because the widow claims that the properties are either part of the
before the final liquidation of the estate CPG or completely owned by herself, & at the time the sale was made, no
o HOWEVER, the attachment is subject to the administration of the estate proceedings had yet been started to segregate the alleged exclusive property from
– administrator retains control over all the properties & will still have the the mass of the estate left by the deceased. SC said that the issue of ownership must
first be resolved through liquidation or an agreement reached between the widow &

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 the administrator as to which properties she would not mind being sold to preserve • Involves a situation where the community properties of each marriage are to be
their value. At this point, the sale is premature. liquidated simultaneously
• Determination of the inventoried properties, including their fruits & income,
Claim Against the Estate depends upon the proofs presented by the contending claimants in accordance with
• Upon the death of any of the spouses, the community property is the rules of evidence
dissolved/terminated o No complaint for the collection of indebtedness chargeable • In case of doubt, the properties will be divided between or among the different
to the community property may be brought against the surviving spouse unless the communities in proportion to the CAPITAL & DURATION of each
surviving spouse has committed himself to be solidarily • 5 foreseeable scenarios (assuming there are 2 marriages):
liable for the claim against the community property
o If the claim is brought against the surviving spouse who did not commit Scenario 1: 2 marriages are equal in Solution
himself to solidary liability & a judgment is rendered directing the duration & assets of each marriage are -Equal duration = divide P15,000 equally
surviving spouse to pay the obligation, the judgment is VOID unknown between the heirs of each marriage -P7,500
o All debts chargeable to community property which has already been -Fair market value at time of liquidation = for the heirs of the 1st marriage & P7,500
dissolved must be claimed & paid in the settlement of estate proceedings P15,000 for the 2nd marriage
of the deceased spouse Scenario 2: If the durations are not equal Solution
• Reason: Upon the death of one spouse, powers of administration of the surviving but the actual assets in each particular -Heirs of 1st marriage get a share of 2/5 (2
spouse ceases & is passed on to the administrator appointed by the court having marriage is unknown out of 5 years) of the P15,000 = P6,000
jurisdiction over the settlement of the estate o Surviving spouse is not even a de -1st marriage lasted for 2 years; 2 nd -Heirs of 2nd marriage get a share of 3/5 (3
facto administrator o Conveyances made by him of any specific property prior to marriage lasted for 3 years out of 5 years) of the P15,000 = P9,000
the liquidation of the mass of the community property is VOID -FMV of inventoried assets at the time of
liquidation = P15,000
Mandatory Complete Separation of Property Scenario 3: If the durations are equal, Solution
• Art. 103 & 130’s last paragraphs are identical o Applies when 1st marriage is they cancel each other out & the -Heirs of 1st marriage get a share of 1/3
terminated by one spouse’s death & not due to JDNOM/JDAOM prorating will be based on the amount of (P1,000 out of P3,000) of P15,000 = P5,000
o If the surviving spouse validly marries again without liquidation of the the known assets in each particular -Heirs of 2nd marriage get a share of 2/3
properties of the previous marriage, the subsequent marriage is valid but marriage
will be governed by complete separation of property automatically -FMV of inventoried assets = P15,000 (P2,000 out of P3,000) of 15,000 =
§ This is the only exception to the rule that, if there is no stipulation -Value of the 1st marriage’s assets = P10,000
in a settlement, ACP governs the marriage P1,000
• Intended to prevent confusion of the properties of the 1st & 2nd marriage -Value of the 2nd marriage’s assets =
• If prior to the 2nd marriage & without liquidation of the assets of the 1 st marriage, P2,000
the parties execute a settlement, the settlement is void Scenario 4: Durations of each marriage Solution
are different & the assets of each -Heirs of 1st marriage get 2/5 (2 out of 5
Art. 104. Whenever the liquidation of the community properties of 2 or more marriages marriage are equal & known -FMV of years) of P15,000 = P6,000
contracted by the same person prior to the effectivity of the Family Code is carried out inventoried assets = P15,000 -Each -Heirs of 2nd marriage get 3/5 (3 out of 5
simultaneously, the respective capital, fruits, & income of each community shall be marriage has an identical P5,000 worth years) = P9,000
determined upon such proof as may be considered according to the rules of evidence. In case of assets each
of doubt as to which community the existing properties belong, the same shall be divided -Duration of 1st marriage is 2 years
between & among the different communities in proportion to the capital & duration of each. -Duration of 2nd marriage is 3 years *NOTE: Same effect as Scenario 2
Scenario 5: Durations of each marriage Solution
Simultaneous Liquidation are different, the amount of assets of each -(Duration of marriage x Assets of
• Refers to at least 2 marriages contracted prior to Aug. 3, 1988 marriage are known, & the amount of the marriage), & then prorate this amount

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assets to be inventoried at the time of the -Heirs of 1st marriage = unless it be proved that such obligations were productive of some benefit to the
liquidation has been ascertained - (2 years x P1,000)/(5 years + P3,000) = family
Duration of 1st marriage is 2 years, with 2/8 of P15,000 = P3,750 • “Effort” – an activity or undertaking which may or may not be rewarded
assets of P1,000 -Heirs of 2nd marriage = • “Chance” – activities like gambling or betting
-Duration of 2nd marriage is 3 years, with (3 years x P2,000)/(5 years + P3,000) = • No unilateral declaration by one spouse can change the character of a CPG o
assets of P2,000 6/8 = P11,250 CPG is determined by law & not by the will of one of the spouses
• Proof of acquisition of the property during the marriage suffices to render the
statutory presumption of conjugality
CHAPTER 4: CONJUGAL PARTNERSHIP OF GAINS • Dissolution of marriage – the net gains or benefits obtained shall be divided equally
between the spouses, unless they stipulated otherwise in their settlement
Section. 1. GENERAL PROVISIONS • If prior to the effectivity of the FC on Aug. 3, 1988, the spouses were already under
the CPG, the property regime will continue after that date, but will now be
Art. 105. In case the future spouses agree in the marriage settlements that the regime of CPG governed by the provisions of the FC, UNLESS vested rights have already been
shall govern their property relations during marriage, the provisions of this Chapter shall be acquired under the CC or another law. o There is no automatic conversion of the
of suppletory application. CPG from CPG to ACP upon the effectivity of the FC.
The provisions of this Chapter shall also apply to CPG already established between the
spouses before the effectivity of this Code without prejudice to the vested rights already CASE: Heirs of Protacio Go v. Servacio
acquired in accordance with the Civil Code or other laws as provided in Art. 256. If there are already rights vested upon the heirs under the Civil Code, then it is the rules
under the Civil Code that will govern to ensure no prejudice of vested rights.
Art. 106. Under the regime of CPG, the husband & wife place in a common fund the Facts: The spouses married prior to the effectivity of the Family Code. The wife also died
proceeds, products, fruits, & income from their separate properties & those acquired by either prior to the enactment of the Family Code. The heirs sold some portions of the undivided
or both spouses through their efforts or by chance, & upon dissolution of the marriage or of properties prior to the liquidation. Under the Family Code, this would have made the entire
the partnership, the net gains or benefits obtained by both spouses shall be divided equally sale void.
between them, unless otherwise agreed in the marriage settlements. Held: SC held that, since the wife died prior to the enactment of the Family Code, the
provisions of the Civil Code will apply – the heirs already had a vested right on their
respective shares of the property left corresponding to the share of the deceased wife for
inheritance. And under the Civil Code, the sale is not totally void – the only rights affected
are those of the selling heirs with respect to their individual shares.
The remedy of the aggrieved heirs would be to file an action for partition, so that the
properties will finally be liquidated & distributed. The specific properties that will be
adjudicated corresponding to the selling heirs will be the ones retained by the buyer who,
while the case was pending, held the whole property as trustee.

Conjugal Partnership of Gains Art. 107. The rules provided in Art. 88 & 89 shall also apply to CPG.
• Spouses place in a common fund the:
1) Fruits of their separate properties When CPG Commences (Art. 88)
2) Income from their separate work or industry • At the precise moment the marriage ceremony is celebrated
• Fruits of paraphernal properties (i.e., separate properties of the wife) form part of • What is considered is the hour & not the date of the marriage
the assets of the CPG & are subject to the payment of the debts & expenses of the
spouses, but not to the payment of the personal obligation of the other spouse, Prohibition of Waiver (Art. 89) o No waiver of rights, interests, shares & effects of the
CPG can be made during the marriage except upon JSOP o To avoid undue
pressure & influence upon the weaker spouse

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 Art. 109. The ff. shall be the exclusive property of each spouse:
Art. 108. The CPG shall be governed by the rules on the contract of partnership in all that is 1) That which is brought to the marriage as his or her own;
not in conflict with what is expressly determined in this Chapter or by the spouses in their 2) That which each acquires during the marriage by gratuitous title;
marriage settlements. 3) That which is acquired by right of redemption, by barter, or by exchange with
Special Type of Partnership property belonging to only one of the spouses; &
• ACP = rules of co-ownership apply in a suppletory manner 4) That which is purchased with exclusive money of the wife or of the husband.
• CPG = rules on partnership apply when not in conflict with what is expressly Properties Brought Into the Marriage determined in this Chapter or by the spouses in their settlements • CPG
– all properties brought into the marriage by the parties belong to each of
• In case of conflicts between CC & FC regarding CPG, the FC prevails them exclusively
• Some rules on partnership that could also apply in CPG: o CPG does not produce the merger of the properties of each spouse
o Art. 1799, CC: Any stipulation which excludes the partners from any • Spouses can exercise all rights of dominion over their own exclusive properties share of the profits &
losses of the partnership is void o Said properties cannot be encumbered, alienated, nor disposed of by
o Art. 1811, CC: A partner is a co-owner with his other partner of the other spouse without the consent of the owner-spouse specific partnership property o Nature of the property
as separate shall remain unless the contrary is
o Art. 1807, CC: Every partner must account to the partnership for any provided by positive & convincing evidence benefit, & hold as trustee for it any profits derived by him
without the • CASE: Del Mundo v. CA - There must be positive & convincing evidence that an consent of the other partner from any transaction connected with the exclusive
property is actually a part of the CPG; the admission or formation, conduct, & liquidation of the partnership or from any use acknowledgment of one person that the money
used to purchase a property by him or her of its property came from the other spouse serves as evidence against the party making the o Art. 1818, CC: Without the consent of
the other partner, a partner admission or his heirs.
cannot assign the partnership property in trust for creditors or on the o Facts: A man sold to Isidra a lot while Isidra was still single, sometime assignee’s promise to pay the
debts of the partnership, confess a in 1920. Years later, when Isidra was already married, a deed of sale judgment, enter into a compromise concerning a partnership claim or
was executed by Isidra for the sale, already verbally made, in 1920. liability, submit a partnership claim or liability to arbitration & Now, the heirs of Agripino, Isidra’s husband,
claim that the property in renounce a claim of the partnership. No act of a partner in the deed of sale is part of the CPG of the spouses.
contravention of a restriction on authority shall bind the partnership o Held: The property belongs exclusively to Isidra, absent any clear & to persons having knowledge of the
restriction. positive evidence that the property actually belongs to the CPG. This o Art. 1822, CC: Where, by any wrongful act or omission of any partner is made clearer by the fact that Agripino
had signed in the deed of acting in the ordinary course of the business of the partnership or sale that Isidra had purchased the property using her own money & with authority of his co-partner, loss
or injury is caused to any person, that it was hers. This declaration is of the highest evidentiary value. At not being a partner in the partnership, or any penalty is incurred, the this point, Agripino is
in estoppel to deny his declaration. Also, where partnership shall be liable therefor to the same extent as the partner a husband is made a party to an act of purchase of immovable so acting or
omitting to act. property made in the name of his wife, which recited that the purchase was made with the paraphernal property (i.e., the wife’s
CASE (Carandang v. Heirs of Quirino A. De Guzman) personal property), neither he nor his heirs can be permitted to go On the application of rules of partnership on CPG behind the deed &
contest the wife’s title; furthermore, any Facts: The right of one spouse to bring an action was assailed on the ground that the declaration to the contrary made by the wife, or that of her child, other
spouse should have also been made a party to the action. cannot anymore change the character of the property in question.
Held: Art. 1811, CC states: “A partner is a co-owner with the other partners of specific • If the property is asserted as separate property & a title has been issued under partnership property.” As the
spouses are both co-owners of their conjugal properties, the name of the one asserting it, & acts have been undertaken clearly each spouse may separately bring an action for the recovery thereof.
Pursuant to Art. indicating that the property is separately owned without prompt opposition 487, CC, any one of the co-owners may bring an action, any kind of action, for the from the adverse
party who knew of the acts of dominion, the latter party recovery of the co-owned properties. Thus, only one of the co-owners, namely, the co- cannot belatedly claim the conjugal nature of the
property
owner who filed the suit for recovery, is an indispensible party thereto. The other co- • If one of the spouses, previous to the marriage, purchases a property, but it is owners are not indispensible
parties, as complete relief can be accorded in the suit even only during the marriage the owner-spouse registers the property but together without their participation. The suit cannot be dismissed
because the other spouse was with the other spouse as co-owner, said property is STILL the exclusive property
not made a party to the action. of the spouse who bought it by his exclusive funds prior to the marriage
o The registration during the marriage only creates a TRUST
SECTION 2. EXCLUSIVE PROPERTY OF EACH SPOUSE o The property must be restored to the real owner-spouse upon
liquidation

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 •
CASE: Penanra v. Register of Deeds – Held: The title under consideration is a free • Right of redemption is not the same as the right of a successor-in-interest in cases
patent which is only granted to occupants for their continued occupation & of execution of judgment
cultivation. Had the land been acquired by the joint efforts of the spouses, the o CASE: Rosete v. Provincial Sheriff of Zambales – When 4 parcels of land
patent should have so indicated; but the patent grants it to the wife only. It is thus owned by the CPG were executed upon & sold to answer for the
presumed that the husband is not a co-owner & that the wife acquired it when she indemnity due to the heirs of a murder victim & 2 parcels of land were
was still single, making the property hers exclusively. redeemed by the convict’s wife using money given to her by her father &
• Exclusive properties brought into the marriage are principally used to: the sheriff had executed in her favor the corresponding deed of
o Pay personal debts not redounding to the benefit of the family, contracted repurchase, it was held that the 2 parcels of land the wife redeemed
by the owner-spouse before the marriage cannot be the subject of another execution to satisfy the balance of the
o Pay fines & indemnities imposed upon him o Support the illegitimate indemnity, because the wife did not acquire the property on behalf of her
children of the owner-spouse o In the event that the assets of the CPG are husband, but by right of redemption as successor-ininterest; the property
insufficient to pay the obligations of the partnership upon the liquidation thus became the exclusive property of the wife & cannot be the property
of the same, the spouses shall be solidarily liable for the unpaid balance of the judgment debtor anymore
with their separate properties (Art. 121 [2]) • In the absence of proof that the right of redemption pertained to any of the spouses,
the property involved, or the rights arising therefrom, must be presumed to form
Property Acquired by Gratuitous Title part of the CPG
• Anything received by each spouse from any source by way of an act of liberality of • Exchange – Property acquired by exchange by one of the spouses using his
the giver belongs exclusively to the spouse-recipient & not to the CPG; this exclusive property shall remain separate property of said spouse
includes – o Moderate gifts given by the other spouse during family occasions o • Barter – limited to goods o If the separate property of a spouse is used as part of the
Honorariums as appreciation for services rendered o Property acquired by way of purchase price of a new property in addition to the conjugal funds spent for said
succession (lucrative titles) – whether or not acquired before or after marriage purchase, property is considered CONJUGAL.
• BUT: Fruits & income of the property acquired by gratuitous title are considered o CASE: Abella de Diaz v. Erlander S. Galinger, Inc. – The wife had an car
part of the CPG o As opposed to ACP – fruits & income of gratuitous property are prior to her marriage with her husband. The spouses then traded in the old
considered exclusive property, unless the donor provides otherwise (Art. 92 [1]) car for a new car, adding some money from the conjugal funds as part of
the purchase price of the new car. The new car is considered conjugal, &
CLASS DISCUSSION (M) not the separate property of the wife.
Fruits of the CPG are ALWAYS conjugal, whether sourced from the personal or separate • Provision on barter, exchange & redemption has no counterpart in ACP
property. This is different from ACP. In ACP, when something is donated to only 1 spouse as
separate property, that property’s fruits are also considered separate property. In CPG, given CLASS SCENARIO (M)
the same scenario, the fruits will accrue to the community property. Q: A told B, “I have a rusty jeep. I want to exchange it for your Mercedez Benz.” B said that
this was an unfair deal. A offered an additional P5M of his salary to B on top of the jeep.
Redemption, Barter & Exchange P5M is 9/10th of the price, while the rusty jeep is 1/10th of the price. A & B exchanged. If A
• Redemption – the right of a debtor whose real property has been foreclosed upon & is married, is that Mercedez Benz conjugal or separate?
sold to reclaim said property if they are able to come up with the money to repay A: This is conjugal. According to Art. 109 (3), property will only be separate if it is bought
the amount of the debt o Property shall belong to the spouse who has the right to using the exclusive property of a spouse.
redeem, regardless of whether or not he uses personal funds
o When conjugal funds are used to effect the redemption, the spouse making Property Purchased with the Exclusive Money of Either Spouse
the redemption shall be held liable to the CPG for reimbursement of the • Belongs to the spouse who purchased it
amount used to redeem his exclusive property • HOWEVER, when property is purchased using the exclusive money of one spouse
§ CPG shall have a lien for the amount paid by it o If there is no but the title is taken in the spouses’ joint names, the circumstances will determine
right of redemption belonging to either of the spouses, whoever buys whether or not it shall result in a gift from the spouse whose money was spent, or a
something using his own funds shall exclusively own what was purchased trust in favor of such spouse

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 •
• Also no counterpart provision in ACP § Even if the administrator-spouse or the court approves of a sale
made by the owner-spouse of said property, the administrator-
Art. 110. The spouses retain the ownership, possession, administration, & enjoyment of their spouse or court can ask or order that a portion of the proceeds
exclusive properties. there be made the payment of the owner-spouse’s share in the
Either spouse may, during the marriage, transfer the administration of his or her exclusive solidary liability
property to the other by means of a public instrument, which shall be recorded in the registry
of property in the place where the property is located. Art. 113. Property donated or left by will to the spouses, jointly & with designation of
determinate shares, shall pertain to the donee-spouse as his or her own exclusive property, &
Administration of Exclusive Properties in the absence of designation, share & share alike, 30 without prejudice to the right of accretion
Administration includes: o Entering into contracts regarding the when proper.
use of the property o Engaging in litigation
o Collection of fruits, profits & income arising from the separate property Art. 114. If the donations are onerous, the amount of the charges shall be borne by the
• Owner-spouse may transfer administration to other spouse o Despite transfer, exclusive property of the donee-spouse, whenever they have been advanced by the CPG.
owner-spouse may still donate, encumber, or otherwise alienate the property
• Owner-spouse may also transfer administration to a stranger, even without consent Property Donated or Left by Will to Spouses
of the other spouse • A donor or testator may donate or provide in a will that a certain property will
• CASE: Naguit v. CA – The exclusive property of the wife was sold by the sheriff jointly belong to the spouses
for the satisfaction of a court decision finding her husband liable for a personal o The donor may likewise designate the respective share of each spouse, &, in
obligation. The wife filed a separate action to annul the sale, which was permitted the absence thereof, share & share alike
by SC, as the wife’s exclusive property was wrongfully levied upon. In such a case, • Property of donation will be considered separate property of the spouses
the wife is a stranger to the action wherein the writ of execution was issued & is
justified in bringing an independent action to vindicate her right of ownership. Accretion in Case of Donation
• Accretion – incorporation or addition of property to another property
Art. 111. A spouse may mortgage, encumber, alienate, or otherwise dispose of his or her • General rule in joint donation – one cannot accept independently of his codonee, for
exclusive property, without the consent of the other spouse, & appear alone in court to litigate there is no right of accretion unless expressly provided EXCEPT when the joint
with regard to the same. donation is made in favor of husband & wife o BUT: Donor can provide that there
is no right of accretion between even husband & wife if he so desires (Art. 753,
Art. 112. The alienation of any exclusive property of a spouse administered by the other CC)
automatically terminates the administration over such property & the proceeds of the • Ex. A valid donation is given to the husband & wife jointly, where the donor
alienation shall be turned over to the owner-spouse. provided that ¼ of the property will go to the wife & ¾ will belong to the husband
o Each of them shall own the portions given to them o If the wife does not accept
Termination of Administration her part of the donation, accretion will set in favor of her husband & he will own all
• Art. 127 – In cases where the spouses are separated in fact, the spouse present shall, of the property donated as his separate property
upon petition in a summary proceeding, be given authority to administer or o BUT if the donor provides in that there will be no right of accretion, the
encumber any specific property of the other spouse & use the fruits or proceeds to husband will only get the ¾ granted to him in the donation
satisfy the latter’s share, in the event that the spouses are held solidarily liable for a o If there is no designation of shares, the same rules will apply
CPG obligation o Judicial authority given to the present spouse to administer the • HOWEVER, if the designation of donations is not of determinate shares but of
property serves as a limitation to Art. 112 determinate properties, like a house or a car, accretion will not apply
§ Owner-spouse, who is a party to the summary proceeding,
cannot revoke the judicially approved administration of the CLASS DISCUSSION (M)
present spouse over his specific property by the mere Q: A & B are strangers. X donated a mass of property to A & B. X gave ½ to A & ½ to B.
expediency of alienating said property
30 Refers to the equal division of a benefit from an estate; in this case, split equally between the spouses (A)

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 •
As logic, A will get his share, but B will not. What happens however if A & B are married? • Gratuity – an act of pure liberality, acquired by lucrative title (e.g., donation or gift)
A: If B rejects, A will get 100%. This is what the right to accretion entails. • CASE: Mendoza v. Dizon – Any amount given by the government because of
previous work as provincial auditor is a gratuity & is separate property
Accretion in Case of Property Left by Will • BUT: An annuity is NOT a gratuity if the recipient is entitled to it as a matter of
• For accretion to apply if the property is left by will, the husband & wife should be right
called to the same inheritance, or to the same portion thereof, pro indiviso o Ex. A law states that teachers, principals, & supervisors whose o positions
(not divided) & one of the spouses thus called should either – 1. are not clerical or casual & who, at the time of their retirement, have
Die before the testator, or rendered 25 years of government service, shall be
2. Renounce the inheritance, or
entitled to a retirement on annuity
3. Be incapacitated to receive it (Art. 1016, CC)
§ If a teacher complies with all the above requisites, such
• The words “one-half each” or “in equal shares” or any other which, though
o
designation an aliquot part, do not identify it by such description as shall make each government teacher is entitled as a matter of right to said
heir the exclusive owner of the determinate property, shall not exclude the right of annuity; it is, thus, not a gratuity o Hence, annuities are part of the CPG
accretion (Art. 1017, CC) • Pensions – compensation for services previously rendered for which full &
o Such words will not mean that the inheritance is not pro indiviso adequate compensation was not received at the time of the rendition of the service o
It is pay
Ex. If the husband & wife were validly given a property in a will which states that § Retiring from the service withheld
those to induce
who have becomelong continued
¼ belongs to the&wife
faithful
& ¾ service o Publicthey
to the husband, benefit
shall
own their respective incapacitated from performing the duties as well as they accrues in 2 ways:
shares separately § Encouraging competent employees to remain in the service
o Designation of this proportionate sharing does not make the properties o Pensions are CASE: Martinez v. Moran – A husband took out an endowment life insurance policy on his
life payable as directed
no liberality on the part of the government, & the award o If the husband dies before the testator, or renounces by will
the & the premiums
inheritance or isthereon
composedwereofpaid
merebyaccumulated
communal funds. In his
savings or
will, he made the proceeds payable to his
deductions earned is incapacitated to receive it, the wife will get the share of her husband during marriage, this would be a pension & thus is own estate. SC ruled that the proceeds were
by right of accretion community estate, ½ of which belong to the wife.
o BUT if the testator gives to the husband & wife school buildings which o he CASE: In re Stan’s Estate – A testator, after marriage, took out an insurance policy on which
owns, providing that the one in Manila is the husband’s & the one in Cebu he paid the premiums of his salary (remember that income & fruits made during marriage are
is the wife’s, the right of accretion will not apply, as the inheritance is NOT part of the CPG). The insurance money was held as community property, ½ of which the wife
pro indiviso was entitled to as survivor.
CASE: BPI v. Posadas – This case occurred prior to the Family Code. The life insurance
Payment Using Conjugal Funds taken out by the deceased spouse was made payable to the estate of the deceased. However,
• If conjugal funds are used to pay for debts attached to an onerous donation, the SC ruled that the proceeds of said insurance would still be considered conjugal property if the
donee-spouse will reimburse the CPG but the donated property remains the life insurance policy is paid out of conjugal funds.
exclusive property of the debtor spouse § HOWEVER, If the policy were partly paid by conjugal funds & party by separate
• Taxes & expenses for mere preservation of the separate property of either funds, the proceeds are owned by the CPG & the separate property in proportion to
spouse during the marriage is chargeable to the CPG (Art. 121[5]) o the amount of contribution
§ BUT, under the FC, for a property to become the separate property of one of the
spouses, it must be EXCLUSIVELY paid out from the separate funds of said
Art. 115. Retirement benefits, pensions, annuities, gratuities,
spouse (Art. 109[4])
usufructs, & similar benefits shall be governed by the rules on
§ If the BPI case were decided under the FC, the proceeds would be considered
gratuitous or onerous acquisitions as may be proper in each case.
conjugal, but the spouse who paid partly using his separate property will be
reimbursed by the CPG
CASE: Berciles v. GSIS – Retirement premiums are conjugal, if there is no proof that the
Nature of Pensions, Annuities, Gratuities
premiums were paid from the exclusive funds of the deceased spouse
• Whether these are separate depend upon how they were obtained & the
circumstances of the case

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 •
HOWEVER, if a beneficiary is named in the life insurance policy, the proceeds of the same
are to be paid to said beneficiary
CASE: Vda. De Consanguera v. GSIS – GSIS retirement was held to be primarily intended
for the benefit of the employee in his old age. If the employee reaches the age of retirement,
he gets the retirement benefits even to the exclusion of the beneficiary named in his
application for retirement insurance.
§ The beneficiary listed can only claim the proceeds of the retirement if the employee
dies before retirement
§ If the employee fails to state a beneficiary, the benefits will accrue to his estate &
will be given to his legal heirs in accordance with the law (same as with life
insurance in general, when no beneficiary is named)

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 • When the property is registered in the names of both spouses, the presumption that
CLASS DISCUSSION (M) it is conjugal arises o HOWEVER it can still be shown that it actually
For this provision, what is important is that the source of the fund involved is identified. It is belongs to one spouse, even if both their names appear in the title
the source that will determine whether the amount is part of the CPG or not. o The placing of both names is like the placing of the property in trust by
If the fund belongs to the spouse as a matter of RIGHT, it is conjugal property. If it is not the the owner-spouse to his spouse as a trustee
spouse’s as a matter of right & it was received purely as a gratuity, then it is separate o THUS, it is but fair that on liquidation of the partnership, the trust should
property. be recognized & enforced, so that the real ownership of the property may
be established
Section. 3. CONJUGAL PARTNERSHIP PROPERTY § Principle: A trustee who takes a Torrens title in his name
cannot repudiate the trust by relying on the registration – one of
Art. 116. All property acquired during the marriage, whether the acquisition appears to have the well-known limitations upon the finality of a decree
been made, contracted, or registered in the name of one or both spouses, is presumed to be § In other words, if the spouse who is not the owner-spouse
conjugal unless the contrary is proved. survives the owner-spouse, he must justly designate as
exclusive the property of the owner-spouse, even if the title
When Presumption is Applicable contains both their names, as the same was merely held in trust
• GENENERALLY, when the property is proven to have been acquired during the by the non-owner spouse.
marriage, it is presumed to be conjugal property regardless of whose name is on the • For so long as the property is acquired during the marriage, presumption of
title o Presumption must be overturned by clear, convincing evidence to the conjugal property applies even if they live separately o Evidence must be clear to
contrary overcome presumption o Controlling factor: the source of the money utilized in the
o TCT in the Register of Deeds containing the name of just one person is not purchase
enough IF it is proven that the purchase was made during the marriage • CASE: Belcodero v. CA – The husband brought the property in installments &
• CASE: Jocson v. CA – The party who invokes this presumption must first prove thereafter left his family to bigamously marry another woman. When the property
that the property in controversy was acquired during the marriage o PROOF of was acquired, he registered it under the name of the other woman. SC held that the
acquisition during the coverture is a condition sine qua non for the operation of the property is part of the CPG of the 1 st marriage, as the presumption that it was paid
presumption in favor of conjugal ownership exclusively from husband’s own property was not convincingly rebutted.
o If there is no showing as the WHEN the property in question was acquired, • CASE: Plata v. Yatco – The conveyance of the property of the wife to a 3 rd person
the fact that the title is in the wife’s name only is DETERMINATIVE & its reconvenyance to her several months afterward DOES NOT TRANSFORM
• It has also been held that an inscription in a TCT that says, “X married to Y” is said property into a conjugal property, in the absence of proof that the money in the
merely descriptive of civil status & does not necessarily prove that the property was reconvenyance came from conjugal funds.
acquired by the party prior to marriage; thus it is not proof that the property is • Presumption of conjugality attaches when a property is proven to have been
conjugal. It is also not evidence of co-ownership. acquired during marriage even if the property is registered under the name of one or
• Registration of the property is also not proof of acquisition, because the property both of the spouses o Proofs like tax declarations in the name of one of the spouses
could have been acquired while the owner was single, & registered when he was obtained during marriage is not evidence of acquisition & hence is not sufficient to
already married give rise to the presumption that the property is conjugal
• Example of when the conjugal presumption has been rebutted o CASE: Laperal v.
Katigbak – SC ruled that the conjugal presumption had been rebutted even if the Art. 117. The following are conjugal partnership properties:
property was acquired during the marriage because: (1) the deed was in the name of 1) Those acquired by onerous title during the marriage at the expense of the common
the wife, (2) at the time of its purchase, the husband admittedly could not afford to fund, whether the acquisition be for the partnership, or for only one of the spouses;
buy the land with his salary, (3) the wife believably stated that the purchase price 2) Those obtained from the labor, industry, work, or profession of either or both of the
was furnished by her mother, & (5) it was established that it was a practice of the spouses;
wife’s parents to provide their children with money to purchase realties for 3) The fruits, natural, industrial, or civil, due or received during the marriage from the
investment common property, as well as the net fruits from the exclusive property of each

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 spouse; • Fruits of the common property are part of CPG
4) The share of either spouse on the hidden treasure which the law awards to the finder • ALSO: Net fruits of exclusive property belong to CPG o Net fruits = (Gross
or the owner of the property where the treasure is found; fruits - expenses of administration of said separate property)
5) Those acquired through occupation31 such as fishing or hunting;
6) Livestock existing upon the dissolution of the partnership in excess of the number Hidden Treasure
of each kind brought to the marriage by either spouse; • Share of either spouse in the hidden treasure which the law awards to the finder or
7) Those which are acquired by chance, such as winning from gambling or betting. owner of the property where the treasure is found is part of CPG
However, such losses therefrom shall be borne exclusively by the loser-spouse. • Hidden treasure – artifacts or objects which have undergone transformation from
their original raw state (e.g. earrings, necklaces, bracelets)
General Rule o Art. 439, CC: Any hidden & unknown deposit of money, jewelry, or other
• Generally, everything the spouses acquires during the marriage is CPG, unless it is precious objects, the lawful ownership of which does not appear
an advance to either spouse or it was bought with the exclusive property of either • Gold nuggets, precious stones in their raw state, oil & the like are NOT treasures
spouse
Livestock
When does Ownership Vest? • Livestock that is part of CPG = (The number of each kind brought into the marriage
• Upon dissolution – Those existing of said kind upon dissolution of the partnership)
• When the thing/property is fully paid for • If, at the start of the marriage, there are 40 cows, and as a result of marriage, there
are 60 cows, 20 cows will be part of the CPG
Acquisition by Onerous Title from Common Fund
• Whatever is acquired with money of the CPG belongs thereto & forms part thereof Chance
o This is true even if the acquisition be for the partnership or for only one of the • Income acquired by chance is part of CPG
spouses • Losses from gambling or betting shall be borne exclusively by the loser-spouse o
o Follows the logic that whatever is acquired exclusively using separate Spouse who engaged in the activity parted with a valuable consideration
property of one of the spouses belongs to said spouse • BUT where a third person gives a spouse a ticket for free, & the ticket won P1M,
• Damages granted by courts in favor of any of the spouses arising from a contract such winning will be considered income &, therefore, shall belong to the
solely financed by the CPG & breached by a 3rd party belongs to the CPG CPG
• Damages arising from illegal detention of the exclusive property of any of the
spouses shall pertain to the CPG IF such detention deprived the partnership of the Art. 118. Property bought on installments paid partly from exclusive funds of either or both
use & earnings of the same spouse & partly from conjugal funds belongs to the buyer or buyers if full ownership was
• HOWEVER, where damages are awarded to one of the spouses as a result of vested before the marriage & to the conjugal partnership if such ownership was vested during
physical injuries inflicted by a 3rd party, the damages belong exclusively to the the marriage. In either case, any amount advanced by the partnership or by either or both
injured spouse o Where the wife was permanently deformed in a car accident due to spouses shall be reimbursed by the owner or owners upon liquidation of the partnership.
the negligence of the driver, the damages belong exclusively to her

Property Acquired through Industry, Labor, & Profession & Through Occupation
• Difference between Art. 117(2) & (5) o Art. 117(2) – Industry or work assures sure
earnings o Art. 117(5) – Occupations, like fishing or hunting, involve an element of Installment Purchases
chance since one can be in the sea or forest for a long time without catching • Situation: An installment was initiated prior to the marriage & ended during the
anything; thus, the work is not always commensurate with the result marriage, & paid partly by exclusive funds of one spouse & partly by the CPG

Fruits & Earnings from Properties

31 This refers to personal property, not real property.

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• Ownership – determined by the time when the title is vested o If the title vested
before the marriage ceremony – belongs to the spouse who bought it exclusively, Art. 119. Whenever an amount or credit payment within a period of time belongs to one of
subject to reimbursement to the the spouses, the sums which may be collected during the marriage in partial payments or by
CPG by the owner-spouse installments on the principal shall be the exclusive property of the spouse. However, interests
§ Belongs to properties exempted under Art. 109 (1) o If the title falling during the marriage on the principal shall belong to the conjugal partnership.
vested after the marriage ceremony/during the marriage – belongs to the CPG,
subject to reimbursement by CPG to the spouse who paid partially Payment of Credit in Favor of Spouse
• Ex. The Friar Lands Act No. 1120 states that the title to the land passes to the • Where one spouse has a credit payable in installments or, in any case, a credit
purchaser the moment the 1 st installment is paid & a certificate of sale is issued. which will be fully paid during the marriage – all payments made on the principal
Thus, if the wife bought a parcel of friar land & paid the 1 st installment prior to the during the marriage belongs exclusively to the spouse who owns the credit
marriage, the land is her exclusive property even if funds from the CPG were used • Interest on the principal falling due during marriage – belongs to the CPG o Interest
to pay for the land too, because the title was vested upon payment of the 1 st is considered a fruit derived from a particular property, & is included under Art.
installment 117 (3)
• CASE: Javellanos v. CA – A contract to sell or conditional sale of a parcel of land o When counting the interest which belongs to the CPG, consider only the
by installment stated that the ownership to said property would vest only upon the PAYMENTS made DURING marriage to determine the capital & interest
payment of the last installment. A man began paying for the parcel of land of said payments
in his 1st marriage using partly the CPG funds of the 1 st marriage & partly his own
money, but the last installment was paid using funds from the 2 nd marriage. SC Art. 120. The ownership of improvements, whether for utility or adornment, made on the
ruled that the parcel of land belonged to the CPG of the 2 nd marriage, though separate property of the spouses at the expense of the partnership or through the acts or
reimbursements should be given to the 1st marriage. efforts of either or both spouses shall pertain to the conjugal partnership, or to the original
• Law does not provide for a situation where the property was bought during the owner-spouse, subject to the ff. rules:
marriage & the purchase was partly funded by the exclusive money of either or When the cost of improvement made by the conjugal partnership & any resulting increase in
both of the spouses & partly by the CPG; there are 2 views to this: value are more than the value of the property at the time of the improvement, the entire
o View 1 – CASE: Javellana v. CA – when a property acquired during property of one of the spouses shall belong to the conjugal partnership, subject to
marriage is partly paid by exclusive funds of a spouse & partly by the reimbursement of the value of the property of the owner-spouse at the time of improvement;
CPG, the property belongs to both the partly-paying spouse & the CPG, otherwise, said property shall be retained in ownership by the owner-spouse, likewise subject
in proportion to the contributions of each to reimbursement of the cost of the improvement. In either case, the ownership of the entire
o View 2 – Sta. Maria view – Properties bought partly by exclusive funds property shall be vested upon reimbursement, which shall be made at the time of the
of either or both spouses & partly by the CPG during marriage should liquidation of the conjugal partnership.
belong to the CPG, subject to reimbursement to the partly-paying spouse
§ Supported by Art. 109 (4), which provides that property purchased
with the exclusive property of one spouse is separate property;
hence if it is bought partly through CPG & partly exclusively
by one spouse, it cannot be said to belong “exclusively” to the Source of Funds for Improvements
partly-paying spouse; therefore, the property bought is to be • When the value of the improvement & any resulting increase in value is
considered conjugal BIGGER than the value of the separate property at the time of the improvement o
• Reimbursement Upon Liquidation of Partnership o Reimbursement for the The entire property of one of the spouses shall belong to the CPG o
partial payment will occur only upon liquidation of the CPG BUT ownership shall vest only upon reimbursement at the time of the
§ Reasoning: there can be no absolute sharing until after liquidation of the CPG
liquidation § Proof of the source of the funds & the values at the time of
o It is only upon liquidation of the partnership that the share of each spouse construction are needed to determine the character of the
will be known improvements

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 • CASE: Ferrer v. Ferrer – A husband, prior to his death, sold his lot; there was at the time of liquidation in favor of the CPG
improvement made on said lot that was paid out of the conjugal funds. Later, when
the husband had already died, the wife sought reimbursement of her half of the sale Computation
from the buyer of the property, using Art. 120 to support her claim. SC ruled, • Worth of building (improvement) – P50,000
however, that Art. 120 does not give a cause of action on the part of a surviving • Worth of land – P100,000
spouse to claim from subsequent buyers of the property of the deceased husband. • Total worth of building & lot – P150,000
Art. 120 only allows claims from the husband if the husband is still the owner of • The value of the house & lot increased due to the improvement by P30,000
the lot upon liquidation • Worth after increase in value – P180,000
• CASE: Munoz v. Ramirez – A wife constructed a residential house on a lot she • Cost of the building + the increase in worth = P80,000
owned. Her husband contributed some funds into the payment of the loan that the • Cost of land (P100,000) > Cost of the building + increase in worth (P80,000) o
wife took out to help pay for the house’s construction. SC held that the house & lot Thus, the property belongs to the owner-spouse o This is a case of
belonged to the wife because the value of the lot the wife contributed was more ordinary accession
than the amount the husband contributed as payment. The contract of mortgage she o At the time of liquidation, the owner-spouse must reimburse the worth of
alone entered into with a 3rd person was thus enforced. the building (P50,000) to the CPG

Usufructuary SEC. 4. CHARGES UPON & OBLIGATIONS OF THE CONJUGAL PARTNERSHIP

• When an owner allows persons to reside in property he owns without paying rent o
CPG gets usufructuary rights over properties in Art. 120 even when the CPG is not Art. 121. The conjugal partnership shall be liable for:
yet the owner of said lot & improvements 1) The support of the spouses, their common children, & the legitimate children of
• Prior to reimbursement at the time of liquidation, the CPG may use both the land & either spouse; however, the support of illegitimate children shall be governed by the
the improvement (owned by the spouses separately), but it does so not as the owner, provisions of this Code on Support;
but as the usufruct o The ownership of the land remains the same until the value of 2) All debts & obligations contracted during the marriage by the designated
the land is paid, & this payment can only be demanded upon the liquidation of the administrator-spouse for the benefit of the CPG, or by both spouses or by one of
partnership them with the consent of the other;
• Prior to liquidation, the owner-spouse still owns her separate property &, therefore, 3) Debts & obligations contracted by either spouse without the consent of the other to
the same cannot be levied upon to satisfy conjugal debts the extent that the family may have been benefited;
o UNLESS the conjugal funds are insufficient to pay the debts, in which case 4) All taxes, liens, charges, & expenses, including major or minor repairs upon the
the separate property can be held solidarily liable conjugal partnership property;
• In Art. 120, ownership of the land is retained by the original owner until said owner 5) All taxes & expenses for mere preservation made during the marriage upon the
is paid/reimbursed the value of the lot; the mere construction of a building over the separate property of either spouse;
land using common funds does not automatically convey the ownership of the 6) Expenses to enable either spouse to commence or complete a profession,
owner’s land to the CPG. vocational, or other activity for self-improvement;
o The erection of a building is simply an exercise of the right of usufruct 7) Antenuptial debts of either spouse insofar as they redounded to the benefit of the
pertaining to the CPG over the wife’s land family;
o Thus, the CPG will not pay rent – if it did, the CPG would essentially just 8) The value of what is donated or promised by both spouses in favor of their common
be paying itself legitimate children for the sole purpose of commencing or completing a
o If the building were leased to a 3 rd person, instead of the building being professional or vocational course or other activity for self-improvement; &
erected, the rent would go into the CPG 9) Expenses of litigation between the spouses unless the suit is found to be groundless.
• If no reimbursement is made upon liquidation, the ownership will be retained by the If the CPG is insufficient to cover the foregoing liabilities, the spouses shall be solidarily
owner-spouse, subject to reimbursement of the cost of improvement liable for the unpaid balance with their separate properties.
• If the property of the owner-spouse is worth more than the improvement, the entire
improvement will belong to the owner-spouse, subject to reimbursement Charges & Obligations

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• Liabilities in the CPG enumerated in Art. 121 are largely the same as those 2) If the husband acted as the surety or the guarantor & the money or services
enumerated In Art. 94 for APC, except for the ff. – o Support of illegitimate are given to another person or entity o The contract cannot, by itself, be
children o Payment of fines categorized as falling in obligations for the benefit of the CPG
o Indemnities arising from crimes & quasi-delicts o Principal benefit is to debtor, not to family o Proof must be presented to
• Liabilities shall be chargeable only when CPG benefits from the same establish benefit redounding to CPG o Mere signing as surety or
• Burden of proof that a debt was contracted for the benefit of the CPG lies with the guarantor does not make said person automatically engaged in the
creditor o Burden of proof to show the benefit to the CPG falls on the person profession of said suretyship or guaranty, such that any loss arising from
claiming that the transaction redounded to the benefit of the family the same is chargeable to CPG
o Benefit must be a direct result of the obligation o Cannot be a by- § HOWEVER, if both spouses sign the agreement, the CPG is
product or spin-off of the obligation or loan itself liable
• Indirect benefits that might accrue to a husband who signs a surety or guarantee for
his employer-corporation (instead of on behalf of his family) does not constitute a Obligation of Husband & Wife
liability that redounds to the benefit of the family o Even if this supposedly • CPG is liable for all obligations contracted by the husband & wife o Even debts
prolongs his employment or increases the value of the shares of stock of some made without consent of one of the spouses for the benefit of the family is counted
members of the family in the corporation o When a wife signs as a mere witness in a contract, it is already a sign of
o Creditors in such an instance cannot go against the CPG of the husband to implied consent to a contract of sale executed by her husband
satisfy the surety agreement • If a creditor has a claim against spouses H & W of P1,000, CPG shall be liable if:
• Ex. Bare allegations of a creditor, without adducing evidence, that a loan to finance o Both H & W contracted it
housing obtained by one of the spouses redounds to the benefit of the family cannot o Only one of them contracted, but it benefited their family
claim from the conjugal assets • In enforcing the claim against H & W, it is NOT correct for the creditor to consider
• CASE: Cobb-Perez v. Lantin – Debts incurred for a commercial enterprise for gain them jointly liable
or in the exercise of the industry or profession by the husband, as the administrator o He cannot claim P500 from the separate property of H & P500 from the
of the CPG property & which contributes to the family, cannot be deemed to be his separate property of W
exclusive debts o CPG is liable for family business debts or for the exercise of o He cannot consider both H & W strictly solidarily liable such that he collects
profession of one or both of the spouses the entire indebtedness from the separate property of either H/W
• CASE: Ayala Investment & Dev’t Co v. CA – SC tackled the instances when the o Creditor MUST enforce the liability on the CPG, not on the separate
debts incurred by one spouse alone are considered to benefit the CPG
properties of H & W individually
1) If the husband himself is the principal obligor in the contract, as when he
§ Separate properties of H & W can only be held liable if the CPG is
directly received the money or services used in or for his business or
insufficient to pay off the indebtedness
profession o The contract falls within the term “obligations for the benefit
• CASE: Carandong v. Heirs of Quirino A. De Guzman – When a claim is made
of the CPG”
against spouses, they are being impleaded in their capacity as representatives of the
o Benefit of the family must be apparent at the time of the signing
CPG & NOT as independent debtors. Hence, either of them may be sued for the
of the contract whole amount, similar to that of a solidary liability, but the amount is chargeable
o It must be shown from the very nature of the contract of loans against their CPG.
or services, the family stands to benefit from the loan or
services rendered Solidary Obligation o If CPG is insufficient to cover debts in Art. 121, creditors may demand
o Failure of business or profession or lack of success is payment from either or any of the spouses with their respective separate properties o The
immaterial spouse who makes the payment may claim from his spouse only the share which
o Family business obligations – considered to redound to the corresponds to him, with interest for the payment already due
benefit of the family o If the payment is made before the debt is due, no interest in the intervening
period may be demanded

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 • The separate properties of the husband & wife may also be solidarily liable if both • For 3rd par. of Art. 122 to apply, it must be shown that:
of them expressly made themselves liable in a solidary manner in any obligation o The debts listed in Art. 121 are COVERED
contracted by them for the benefit of the ACP/CPG o The debtor-spouse has insufficient or no exclusive properties to pay the
debt involved
Insolvency of Spouses o The one who invokes this provision (the creditor) must establish that the
• So long as CPG subsists, its property cannot be among the assets taken possession requisites for its applicability are obtaining
of by the assignee to satisfy the debts of an insolvent debtor, except insofar as the • Fines & pecuniary indemnities imposed upon either spouse may be charged against
debts redounded to the benefit of the family (Art. 2238, CC) the CPG even before the liquidation of the partnership o Payment must comply
• Procedure for insolvency proceedings o An assignee is appointed who represents with Art. 122, but should not be applied with so much rigidity as to negate the
the creditors & the insolvent, whether voluntary or involuntary claims of aggrieved creditors
o Assignee takes all the properties of the insolvent & obtains title thereto o He o SC – Art. 122’s wording shows that it is meant to be applied even before
speedily converts the estate, real & personal, into money to settle the debts the liquidation of the CPG
• Civil Code: Husband is the administrator of the CPG o 2nd sentence of Art. 2388, § However, when it comes to civil fines that come with criminal
CC: If the husband is insolvent, the administration of the CPG/ACP may be convictions, proofs required should not be of the most exacting
transferred to the wife or to a 3rd person other than the assignee kind. Ordinary credibility shall suffice.
• Family Code: Husband & wife jointly administer; 2nd sentence of Art. 2388 still
applies CLASS DISCUSSION (M)
o The non-insolvent wife can be made the sole administrator of the ACP/CPG What does “has been covered” cover? In one case, the debtor spouse, the criminal who was
already convicted, was proven to have no exclusive property to pay the civil indemnity that
*Art. 122. The payment of personal debts contracted by the husband or the wife before or he owed to the victim of the family. The family thus tried to execute the judgment and get
during the marriage shall not be charged to the conjugal partnership except insofar as they money from the CPG. The wife defended herself by saying that her son still had to go to
have redounded to the benefit of the family. college, an amount which must be covered under Art. 121. SC held the while the wife’s
Neither shall the fines & indemnities imposed upon them be charged to the partnership. contention that Art. 121 debts had to be satisfied first was correct, the word “covered”
However, the payment of the personal debts contracted by either spouse before the marriage, pertains to what the spouses would normally pay & not extraordinary expenses. Otherwise,
that of fines & indemnities imposed upon them, as well as the support of illegitimate children injustice would result to the victims of the families.32
of either spouse, may be enforced against the partnership assets after the responsibilities
enumerated in the preceding article have been covered, if the spouse who is bound should Difference from the ACP Rules
have no exclusive property or it should be insufficient; but at the time of the liquidation of the • CPG – liable for the personal debts, fines & indemnities of either spouse only: o
partnership, such spouse shall be charged for what has been paid for the purposes above- AFTER payment of all obligations in Art. 121 & o When the separate property of
mentioned. the spouse is insufficient or inexistent o In CPG, there is no duty to make advance
payments for the crimes or quasi-delict of a spouse
CLASS DISCUSSION (M) • ACP – such liabilities may be charged against the community only o In case the
This is one of the only provisions which are different from ACP. Note the difference. separate property of the spouse is insufficient o Reason: In ACP, spouses may have
less or no separate property o In ACP, liabilities incurred by a spouse by reason of a
crime or quasidelict are chargeable to the ACP in the absence or insufficiency of
exclusive property of the erring spouse
o CASE: Spouses Buado v. CA – For an obligation to be chargeable against
the CPG, there must have been a benefit that has redounded to the CPG.
Debts, Fines, Pecuniary Indemnities Incurred Before or During Marriage This is unlike ACP, where liabilities incurred by spouses by reason of
• Any debts that redound to the benefit of the family are charged to CPG o crimes committed (evidently not redounding to the benefit of the family)
Includes medical & hospital expenses of the spouses

32 I can’t find this case.

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 can be taken out of the ACP fund in the absence of exclusive property of
the debtor-spouse. SEC. 5. ADMINISTRATION OF THE CONJUGAL PARTNERSHIP PROPERTY

Personal Obligations of Spouses During the Marriage Art. 124. The administration & enjoyment of the conjugal partnership shall belong to both
• Personal obligations which do not redound to the benefit of the family or do not spouses jointly. In case of disagreement, the husband’s decision shall prevail, subject to
have the consent of the other spouse shall be borne solely by the debtorspouse & recourse to the court by the wife for a proper remedy, which must be availed of within 5 years
his separate property from the date of the contract implementing such decision. In the event that one spouse is
• Where a spouse incurs an obligation for his sole benefit, it cannot be charged to the incapacitated or is otherwise unable to participate in the administration of the conjugal
CPG o Ex. If a husband leaves the conjugal home & his family, & incurs an properties, the other spouse may assume sole power of administration. These powers do not
obligation at that time, he cannot claim that said obligation redounded to the benefit include the powers of disposition or encumbrance which must have the authority of the court
of the family or the written consent of the other spouse. In the absence of such authority or consent, any
• Personal obligations incurred DURING marriage that do not redound to the benefit disposition or encumbrance shall be void. However, the transaction shall be construed as a
of the family are not given by law the same advance-reimbursement mechanism in continuing offer on the part of the consenting spouse & the 3 rd person, & may be perfected as
Art. 122 o Art. 122, par. 3 only discusses personal obligations contracted by either a binding contract upon acceptance by the other spouse or authorization by the court before
spouse BEFORE the marriage that do not redound to the benefit of the family the offer is withdraw by either or both offerors.
o CPG thus has no duty to make a payment in advance for the liability of
the debtor-spouse which shall be reimbursed or paid at the time of the Art. 125. Neither spouse may donate any conjugal partnership property without the consent of
liquidation the other. However, either spouse may, without the consent of the other spouse, make
Computation moderate donations for charity or on the occasions of a family rejoicing or family in distress.
• Justice Caguioa computation: o Husband’s share – P50,000 o Wife’s share
– P50,000 Identity of Provisions
o Amount advanced for personal debt of husband – P10,000 o (Husband’s • Art. 124 & 125 are exactly the same as Art. 96 & 98 for ACP
share – amount advanced) = P40,000 o The P10,000 will go to the • If the marriage settlement states that CPG will govern a marriage, but that the
partnership assets, which shall be divided again between the spouses sharing will not be equal upon liquidation, such unequal sharing will not affect the
o Caguioa states that considering the personal debts as partnership assets joint administration of the spouses during the marriage on equal footing, unless the
will not change the computation contrary is also provided in the settlement (also true with ACP)
• Take note of Art. 129 o After the inventory, amounts advanced by the CPG in • Conjugal properties belong equally to husband & wife o Any alienation made by
payment of personal debts & obligations of either spouse shall be credited to the H without consent of W prejudices her insofar as it includes a part or the whole of
CPG as an asset thereof o Only then can the net remainder be determined the W’s share & is, to that extent, invalid
o Despite these steps, the result will basically be the same; the only difference o However, during the marriage, the interest of each spouse is merely inchoate
would be the procedure (Justice Caguioa) – cannot be determined in definite & concrete specifications until & after
the liquidation of the same
Art. 123. Whatever may be lost during the marriage in any game of chance, or in betting, § In cases of disposition of property by H over the objection of
sweepstakes or any other kind of gambling whether permitted or prohibited by law, shall be W, W is given the right to file a case to nullify or annul, as the
borne by the loser & shall not be charged to the CPG but any winnings therefrom shall form case may be, the entire contract as a whole
part of the CPG. § If H, without knowledge & consent of W, sells or encumbers a
conjugal property, such sale is VOID
Game of Chance § If the sale is with knowledge but without consent, such sale is
• CPG must not be put to useless risk through highly speculative activities of any ANNULLABLE at the instance of the W
kind, even those that are legal • W is given 5 years from the date of the contract implementing the decision of H to
• Winnings – go to CPG (considered as income of the separate property/CPG) institute the case
• Losses – charged to separate property of risking spouse

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 § In case it is an act of administration with knowledge but without absent, (2) he & the wife are separated in fact, or (3) he has abandoned
the consent of the W, the contract is merely RESCISSIBLE, at the other, or (4) consent is withheld
the instance of the W • Judicial Guardianship Proceeding (Rule 93, 1964 Revised Rules of Court) o
• W is given 5 years from the implementation of the contract When the spouse is not merely incapacitated, but is INCOMPETENT
• When the buyers know that they bought CPG property & bought it from the § Comatose, suffering a stroke, without motor or mental faculties
husband without the wife’s consent, the sale is totally void o However, the purchase § In such a case, the proper remedy is the appointment of a
price has to be returned to the buyers with interest (principle of unjust enrichment) judicial guardian of the person, estate or both of the
• If one spouse is incapacitated or unable to participate in the administration of the incompetent
CPG, same rule as ACP applies o Any alienation or encumbrance by the § Even if the wife becomes the sole administrator, she still must
capacitated spouse of any ACP/CPG without consent of the incapacitated spouse or also exercise the powers & duties of a guardian
without court approval is VOID § If a spouse desires to sell real property as such administrator of
o If the “contract” is later approved by the court or by the spouse, there is no the CPG, he must observe the Rules for the sale of the ward’s
retroactive effect – contract thereby perfected is an entirely NEW estate required of judicial guardians
transaction • Non-compliance will render any sale VOID
§ If the other spouse is an incompetent, the administrator spouse
CASE: Spouses Antonio v. CA cannot obtain permission from the court to sell CPG property
Facts: A husband sold ½ of his CPG property to a 3 rd party while his wife was busy working through a summary proceeding; such sale would be
in Manila, without her consent. VOID
Held: SC declared the sale void. Also, a subsequent but questionable “amicable settlement”
(which was really the wife signing that she would no longer trespass on the property, rather SEC. 6. DISSOLUTION OF THE CPG
than her agreeing to the sale) with the 3 rd party could not have validated or ratified the already
void & illegal contract, one that could not be cured by any subsequent act. The amicable Art. 126. The conjugal partnership terminates:
settlement could not be considered the “continuing offer” contemplated in the 2 nd par. of Art. 1) Upon the death of either spouse;
124. 2) When there is a decree of legal separation;
3) When the marriage is annulled or is declared void; or
CASE: Flores v. Lindo 4) In case of judicial separation of property during the marriage under Art. 134 & 138.
Subsequent execution of SPA by previously non-consenting spouse validates the previously
void contract.
Facts: The wife executed a mortgage with a 3 rd party on conjugal property without the Termination of the CPG
consent of her husband. Subsequently, the wife executed a SPA in favor of her husband • Art. 126 = same as Art. 99 for ACP
(which the husband agreed to) with respect to said mortgage. • Rules of partnership apply only in a suppletory character EXCEPT upon
Held: While the mortgage was initially void for violating Art. 124, the contract was a dissolution of the CPG – at this point, the rules of partnership will not apply
continuing offer. The subsequent execution of the SPA with respect to the mortgage was the • Upon death, the ACP/CPG will terminate for the ff. reasons:
acceptance by the other spouse that perfected the continuing offer as a binding contract 1) When the marriage is dissolved, the cause that brought about the community
between the parties, making the mortgage a valid contract. ceases, for the principles of an ordinary partnership are not applicable to this
community, which is governed by special rules
Nature of Proceedings 2) In the absence of reasons that induced the legislator to establish it, the
• Summary procedure (Title XI, FC) – applies to par. 1 of Art. 124 o Annulment of provisions of law governing the subject should cease to have any effect for the
the husband’s decision in the administration & enjoyment of the CPG in case the community of property is admissible & proper insofar as it conforms to unity
husband’s decision conflicts with the wife’s of life, which terminates upon the death of either partner
o Also, when the husband’s consent is needed to participate in the 3) The partnership is created by law & has no object; it is unsafe to extend it on
administration, sell or encumber, but (1) he is incapacitated because he is the pretext of tacit consent

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 • Since the rules of partnership do not apply upon the dissolution of the CPG – o
Whatever is acquired by the surviving spouse on the dissolution of the Abandonment
partnership by death or presumption of death, or for other reasons, whether the • Art. 128 is exactly the same as Art. 101 for ACP; same explanations also apply
acquisition was made by his labor, or industry, or whether by onerous or • Gives the aggrieved spouse, who is the co-owner of the properties, the right to bring
lucrative title, forms part of his capital already an action to protect his interest & his rights EVEN BEFORE the liquidation or
o Heirs or estate of his spouse can no longer claim a share of the property of dissolution of the CPG/ACP
the other spouse after the dissolution of the CPG
Section. 7. LIQUIDATION OF THE CONJUGAL PARTNERSHIP ASSETS &
Art. 127. The separation in fact between the husband & wife shall not affect the regime of LIABILITIES
conjugal partnership, except that:
1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, Art. 129. Upon the dissolution of the conjugal partnership regime, the ff. procedure shall
shall not have the right to be supported; apply:
2) When the consent of one spouse to any transaction of the other is required by law, 1) An inventory shall be prepared, listing separately all the properties of the CPG &
judicial authorization shall be obtained in a summary proceeding; the exclusive properties of each spouse;
3) In the absence of sufficient conjugal partnership property, the separate property of both 2) Amounts advanced by the CPG in payment of personal debts & obligations of either
spouses shall be solidarily liable for the support of the family. The spouse present shall, spouse shall be credited to the conjugal partnership as an asset;
upon petition in a summary proceeding, be given judicial authority to administer or 3) Each spouse shall be reimbursed for the use of his or her exclusive funds in the
encumber any specific separate property of the other spouse & use the fruits & income acquisition of property or for the value of his or her exclusive property, the
thereof to satisfy the latter’s share. ownership of which has been vested by law in the CPG;
4) The debts & obligations of the conjugal partnership shall be paid out of the conjugal
Effect of Separation assets. In case of insufficiency in said assets, the spouses shall be solidarily liable
• Art. 127 – same as Art. 100 for ACP for the unpaid balance with their separate properties, in accordance with the
• Art. 127 (2) – When the consent of one spouse is required by law, judicial provisions of Art. 121, par. 2;
authorization shall be obtained in a summary proceeding o Immaterial whether or 5) Whatever remains of the exclusive properties of the spouses shall thereafter be
not the party is guilty; the one who unjustifiably separates himself may avail of this delivered to each of them;
remedy provided by law 6) Unless the owner had been indemnified from whatever source, the loss or
• Art. 127 (3) – Any debt incurred to support the family is a liability to the CPG o deterioration of movables used for the benefit of the family, belonging to either
Even the guilty spouse who left the home without justifiable reasons can charge the spouse, even due to fortuitous event, shall be paid to said spouse from the conjugal
CPG for debts incurred for the benefit of the family o Separation in fact does not funds, if any;
justify the non-liability of the CPG 7) The net remainder of the conjugal partnership properties shall constitute the profits,
which shall be divided equally between the husband & wife, unless a different
Art. 128. If a spouse without just cause abandons the other or fails to comply with his or her proportion or division was agreed upon in the marriage settlements or unless there
obligations to the family, the aggrieved spouse may petition the court for receivership, for has been voluntary waiver or forfeiture of such share as provided in this Code;
judicial separation of property, or for authority to be the sole administrator of the conjugal 8) The presumptive legitimes of the common children shall be delivered upon partition
partnership property, subject to such precautionary conditions as the court may impose. in accordance with Art. 51;
The obligations to the family mentioned in the preceding paragraph refer to marital, parental, 9) In the partition of the properties, the conjugal dwelling & the lot on which it is
or property relations. situated shall, unless otherwise agreed upon by the parties, be adjudicated to
A spouse is deemed to have abandoned the other when he or she has left the conjugal the spouse with whom the majority of the common children choose to remain.
dwelling without intention of returning. The spouse who has left the conjugal dwelling for a Children below the age of 7 are deemed to have chosen the mother, unless the court
period of 3 months or has failed within the same period to give any information as to his or has decided otherwise. In case there is no such majority, the court shall decide,
her whereabouts shall be prima facie presumed to have no intention of returning to the taking into consideration the best interest of the children.
conjugal dwelling.

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Liquidation of Partnership • CPG should also reimburse the spouse for the value of exclusive properties, the
• 3 ways to liquidate a CPG: ownership of which is vested by law in the CPG (ex. Art. 120)
1) Extrajudicial settlement • CASE: In re: Padilla – A building separately owned by the wife was torn down to
2) Ordinary action of partition make way for the construction of a new building, which was owned by the CPG.
3) Intestate or testate proceedings SC ruled that the CPG should pay the spouse for the value of the torn building at
the time of liquidating, as the tearing down benefited the partnership o This is true
Step 1: Inventory even if the building torn down supposedly no longer has any value; its value comes
• All properties or assets at the time of the dissolution must be inventoried, itemized with the fact that the new building was made because the old building was torn
& valued; includes: o The CPG property o The separate properties of the spouses down
• Art. 132, Rules of Court on the administration of the estate of deceased persons
shall be observed in the appraisal & sale of property of the CPG Step 4: Payment of Debts & Obligations of Partnership
• It is an error to determine the amount to be divided by adding up the profits which • Debts & obligations of CPG (like those in Art. 121) should be paid
were made each year by the community’s continuance & saying that the result • Remember that under Art. 129, the reimbursement of the spouses for advances they
thereof is that amount made in favor of the CPG or for the value of their separate property which, by law,
• In the appraisal of the properties, it is the market value or, in default thereof, the vested to the CPG, must be paid first before the payment of the debts in Art. 121
assessed value at the time of liquidation that must be taken into account o NOT the • Construction of tombstones or mausoleums & other funeral expenses are
purchase value chargeable to CPG if deceased is one of the spouses (Art. 310, CC)
• The process of liquidation may take some time; if the proceedings take a long time • In case of insufficiency of said assets, spouses shall be solidarily liable for the
& the values suffer some alterations, there is nothing to prevent a new valuation unpaid balance with their separate properties
when the last stage is reached (i.e., the actual division or partition) so long as ALL
the properties are newly appraised in reference to the same period of time o There Step 5: Delivery of Separate Properties
is no law or doctrine that a prior appraisal is conclusive upon the parties & the • Exclusive properties owned by either of the spouses should be returned
courts
Step 6: Division of Net Remainder
Step 2: Credits in Favor of Partnership • Net remainder = the profits of the CPG property o Until a liquidation has been
• Any amount advanced during the marriage by the CPG in favor of any of the made, it is impossible to say Q/N there will be a net remainder to divide between
spouses shall be credited to the CPG as an asset o Ex. Support of illegitimate child the parties
of either spouse, personal debts contracted before the marriage which did not • Sharing = equal, unless a different proportion is agreed upon in the marriage
redound to the benefit of the family, payment of fines or pecuniary indemnities for settlement OR a voluntary, valid waiver of such share o A valid waiver can only be
which the spouse was made liable & which did not redound to the benefit of the made upon a JSOP or after the marriage has been dissolved or annulled; must also
family, are all considered as assets (Art. 122) be contained in a public instrument
• Property bought by installments under Art. 118, where conjugal funds & separate • How bad faith affects share of the bad faith spouse o Annulment & void under Art.
funds were both used & where the property was owned separately by either of the 40 – forfeits his share in the net profits of the CPG in favor of the common
spouses o The amount of conjugal funds used to complete the purchase is also an children, the children of the guilty spouse by a previous marriage, or the innocent
asset to the CPG spouse
• Advances made by the CPG involving charges relative to onerous donations made § Net profits = (MV of the community property at the time of
in favor of a particular spouse (Art. 114) dissolution – MV at the time of celebration)
o Legal Separation – forfeits his share in the net profits o Void marriage, Art.
Step 3: Reimbursement in Favor of Partnership 147/148 & only 1 party is in good faith – share of the bad faith spouse shall be
• If separate funds of any of the spouses are used to buy conjugal property, the forfeited in favor of their common children.
amount shall be reimbursed to the spouse

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 § In case of default of or waiver by any or all of the common § In the absence of descendants, the share will belong to the
children or their descendants, each vacant share shall belong to innocent party
the respective surviving descendants
o In all cases: Forfeiture takes place upon termination of cohabitation 2) Nullity of marriage not as a result of Art. 40, 52, 53
• Delivery shall also be provided for in the final judgment
CASE: Quiao v. Quaio o Children, their guardians, or the trustee of their property may ask for
Lesson #1: If there are no separate properties to be inventoried or included in the the enforcement of the judgment (Art. 51, last par.)
property relations of the parties in the ACP/CPG, “net share of the net profit” as textually • Value of presumptive legitime of all the children is computed as of the date of provided in the law
actually means ALL the fruits of the separate properties of the the final judgment of the trial court, & shall be delivered in cash, property or spouses & the products of their labor & industry. sound
securities, unless the parties, by mutual agreement judicially approved,
Lesson #2: If there is no separate property to be included in the inventories of the have already provided for such matters (Art. 51)
ACP/CPG upon liquidation or dissolution, “net share of the net profit” means ALL the
shares or properties. Nothing will be left to the bad faith spouse. Conjugal Dwelling

Lesson #3: The spouses do not have a vested right on their share of the ACP/CPG, • Unless otherwise agreed upon by the parties, in the partition of properties, the because if they are in bad faith,
their share may still be forfeited. conjugal dwelling & lot is adjudicated to the spouse with whom the majority of Facts: Rita filed a case of legal separation against Brigido, which was granted.
Brigido the children choose to reside

was declared in bad faith. When their assets were inventoried, it was discovered that • Children under the age of 7 are automatically presumed to have chosen their they had no separate properties.
In the process of liquidating their assets, a motion for mother, unless the court decides otherwise
•
clarification for the meaning of the term “NET PROFIT EARNED” was filed by Brigido. RTC If there is no majority, the court shall decide, taking into consideration the best held that this meant
“the remainder of the properties of the parties after deducting the interests of the children separate properties of each of the spouses & the debts.” Everyone remained confused. Held: Since both
husband & wife have no separate properties, there is nothing to return to the spouses aside from
Art. 130. Upon the termination of the marriage by death, the conjugal partnership property
their share in the CPG. Since, however, Brigido was in bad faith, nothing will be returned to him &
shall be liquidated in the same proceeding for the settlement of the estate of the deceased.
he is not entitled to any property. The same conclusion will be reached even if the regime was ACP.
If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the
SC also distinguished between what is returned to the spouses upon dissolution in the ACP versus
conjugal partnership property either judicially or extra-judicially within 1 year from the death
the CPG property regime, if there are separate properties in either case:
of the deceased spouse. If upon the lapse of the 1-year period no liquidation is made, any
disposition or encumbrance involving the conjugal partnership property of the terminated
ACP CPG marriage shall be void.
What spouses separately All their property, from 1. Fruits of their Should the surviving spouse contract a subsequent marriage without compliance with the
put into the marriage before or after the marriage, separate property foregoing requirements, a mandatory regime of complete separation of property shall govern
except those which are 2. Income from their the property relations of the subsequent marriage.
excepted under the law work or industry
What spouses get back Whatever is left of the 1. All net gains or benefits
after the marriage separate properties will be obtained indiscriminately by
returned to the spouses in either spouse during the
equal amounts, after marriage will be divided
deducting debts, etc. equally
2.If the CPG is enriched at the
expense of the separate
properties of either spouse,
said spouse will be restituted
the value of the property
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 Identity of Provisions
• Art. 130 – Same as Art. 103 of ACP; explanations apply
• CASE: Estonia v. CA – When the TCT states the owner as married to someone but there is no proof that the property was acquired during the marriage, the property shall be considered as
owned by the person stated in the certificate despite a description that he is married to someone. It shall not be conjugal o Statement that the owner is married in a TCT does not give rise
to the presumption of conjugality
• In case of the death of the owner, this exclusive property shall be co-owned by the surviving spouse & his heirs
o Creditors of the surviving spouse can only attach the share or interest

Step 7: Delivery of the Presumptive Legitime of the surviving spouse to the co-ownership & not the whole estate of the dead (that would prejudice other heirs)
• Delivery of presumptive legitime can be done only after a final judgment
• Computation of value of presumptive legitime & who can ask for delivery are under Art. 51 of
Art. 131. Whenever the liquidation of the conjugal partnership properties of 2 or more
FC
marriages contracted by the same person prior to the effectivity of this Code is carried out
• According to Art. 51, delivery is needed only in cases of:
simultaneously, the respective capital, fruits & income of each partnership shall be
1) JD of annulment of marriage under Art. 45 determined upon such proof as may be considered according to the rules of evidence. In case
2) JD of nullity of marriage falling under Art. 40, 52, 53 of doubt as to which partnership the existing properties belong, the same shall be divided
• Not delivered in cases of: between & among the different partnerships in proportion to the capital &
1) JD of legal separation

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duration of each. § If what they get exceeds the fruits of their share, the excess shall
be taken from the part of the property which has been given to
Simultaneous Liquidation of CPG Constituted Prior to FC them as their separate property after liquidation
• Basically the same application as that of Art. 104 o Advance of the common mass shall be paid:
• Refers to at least 2 marriages contracted prior to Aug. 3, 1988 1) First, by the fruits of their respective shares
• Involves a situation where the community properties of each marriage are to be 2) If what they got exceeded the fruits of their share, the excess shall be
liquidated simultaneously taken from the part of the property which has been given to them as
• Determination of the inventoried properties, including their fruits & income, their separate property after liquidation
depends upon the proofs presented by the contending claimants in accordance with • Allowances for support to the children & the spouse of the deceased pending
the rules of evidence liquidation are subject to collation & deductible from their share of the inheritance
• In case of doubt, the properties will be divided between or among the different insofar as they exceed what they are entitled to as fruits or income
communities in proportion to the CAPITAL & DURATION of each o CASE: Dael • ONLY the surviving spouse & the children are entitled to get the allowance for
v. IAC – If 1st marriage lasted 14 years & the 2nd lasted 15, the share of the heirs of support In Art. 133 o Other heirs, like grandchildren, are not included o Even if the
the 1st marriage in the inventory listed is 14/29, while those in the 2 nd get 15/29. children are already of age, gainfully employed or married, they may still enjoy
Excluded are any properties that definitely belong to the estate of the deceased these rights
spouse, as inheritance from his parents (in other words, any exclusive property of • SC has held that the expense of the maintenance & support of a widow at the time
either spouse is excluded) when the CPG had not yet been liquidated was properly borne by the administrator
• If there are 2 or more conjugal partnership properties of 2 marriages w/c have not of the deceased husband, but the expenditure was in the nature of mere
yet been liquidated, the subsequent partnership cannot be liquidated w/o liquidating advancement, to be deducted from the share pertaining to the heirs of the widow
the prior one o The reason is that the heirs of the 1 st marriage could be prejudiced insofar as it exceeds what they are entitled to as fruits or income o There must be a
by the dissolution of the CPG of the the 2 nd marriage w/o the 1st, because the showing of the source from which the funds used for the maintenance & support of
division, in case of doubt, should be based on the capital & duration — thus the the widow were derived
children of the 1st marriage should also be o If the amount is derived from the net income of her share, such amount
notified of the proceedings should not be charged against her share

Art. 132. The Rules of Court on the administration of estates of deceased persons shall be CHAPTER 5. SEPARATION OF PROPERTY OF THE SPOUSE &
observed in the appraisal & sale of property of the conjugal partnership, & other matters ADMINISTRATION OF COMMON PROPERTY BY ONE SPOUSE DURING THE
which are not expressly determined in this Chapter. MARRIAGE

Art. 133. From the common mass of property support shall be given to the surviving spouse Art. 134. In the absence of an express declaration in the marriage settlements, the separation
& to the children during the liquidation of the inventoried property & until what belongs to of property between spouses during the marriage shall not take place except by judicial order.
them is delivered; but from this shall be deducted the amount received for support which Such judicial separation of property may either be voluntary or for sufficient cause.
exceeds the fruits or rents pertaining to them.
Judicial Separation of Property (JSOP)
Advancement • If the husband & wife do not execute a valid marriage settlement before their
• Once a spouse dies, the surviving spouse & the children become co-heirs of the marriage, they cannot, after the marriage, alter their property regime to a separation
estate left by the deceased o They are allowed, during liquidation, to get certain of property regime without judicial approval o The same even if separation is by
amounts to support themselves, as they technically own it agreement of the parties (Art. 136) or for sufficient cause (Art. 135)
o Amount must at least be equivalent to the fruits or rent arising from the share • In most cases, JSOP is sought because the spouses have already separated o In
which they will eventually obtain after liquidation granting a JSOP, Court does not thereby accord recognition to de facto separation
of the spouses
o It is for the dousing of the momentary seething of emotions

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 • Final decision of the court rendered against the erring spouse embodying the
Notes from Class (A) penalty of civil interdiction is enough for the court to approve JSOP
• When there is a JSOP, the marriage subsists o Separation of property becomes a
property regime Declaration of Absence
• Having a JSOP is different form having complete separation of property as your • Following rules of Art. 384 of the Civil Code, JD of absence is granted when:
property regime o 2 years have elapsed without any news about the absentee or since receipt
Instances when COMPLETE separation of property (CSOP) is the regime: of last news
1) When it is specified in the marriage settlement o 5 years in case the absentee has left a person in charge of the
2) When a spouse dies & the other remarries without first liquidating the administration of his property
properties from the former marriage, the 2nd marriage is governed by CSOP • Art. 385, CC - Those who may file for JD of absence:
3) When there is a JDPD & the other remarries without first liquidating the o Spouse present
properties from the former marriage, the 2nd marriage is governed by CSOP o Heirs instituted in a will who present an authentic copy of the same o The
4) When the spouses obtain a legal separation relatives who may succeed by the law of intestacy o Those who may have
over the property some right subordinated to the condition of his death
Art. 135. Any of the ff. shall be considered sufficient cause for JSOP: • JD of Absence shall not take effect until 6 months after its publication in a
1) That the spouse of the petitioner has been sentenced to a penalty which newspaper of general circulation (Art. 386, CC)
carries with it civil interdiction; • Final decision is enough for the court to approve JSOP
2) That the spouse of the petitioner has been judicially declared an absentee;
3) That the loss of parental authority of the spouse of the petitioner has been decreed Loss of Parental Authority
by the court; • Loss of such authority over:
4) That the spouse of the petitioner has abandoned the latter or failed to comply with o The common child, whether legitimate or illegitimate, of the petitioner
his or her obligations to the family as provided in Art. 101;
& the spouse of the petitioner o The child, whether legitimate or
5) That the spouse granted the power of administration in the marriage settlements has
illegitimate, of the petitioner with another person
abused that power;
• One of the liabilities of the ACP/CPG = support of the common children & the
6) That at the time of the petition, the spouses have been separated in fact for at least 1
legitimate children of either spouse (Art. 94 [1) & 121[1])
year & reconciliation is highly improbable.
• Subject to reimbursement, liabilities also include support of the illegitimate
In the cases provided in numbers (1), (2) & (3), the presentation of the final judgment against
children, granted certain conditions (Art. 94 [9] & 122)
the guilty or absent spouse shall be enough basis for the grant of the decree of JSOP.
• Reason for this ground: Exposure of ACP/CPG may extend to children who may
not even be related to one of the spouses
Civil Interdiction
• Final decision decreeing loss of parental authority is enough for the court to
• Accessory penalty – deprives the offender, during the time of his sentence, of: o
approve JSOP, as long as the ground for loss of parental authority is that specified
The rights of parental authority
under the law (Art. 229, Art. 231, par. 3, & Art. 232 of the FC)
o Guardianship, either as to the person or property of any ward o
Marital authority o Right to manage his property Abandonment & Failure to Comply with the Obligations to the Family
o Right to dispose of such property by any act or conveyance inter • The concept here is the same as that under Art. 101
vivos • Abandonment – when the spouse leaves the conjugal dwelling without any intent of
returning & with an intent to absolutely forego his or her family duties o The
•

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 spouse who has left the conjugal dwelling for a period of 3 months or has failed • All the creditors of the ACP/CPG & the personal creditors of the spouses shall be
within the same period to give any information as to his whereabouts shall be prima listed in the petition & notified in the filing o Court will take measures to protect
facie presumed to have no intention of returning to the conjugal dwelling creditors & those with pecuniary interests
o Failure to comply – marital, parental, or property relations • In case one of the spouses waives his interests, any creditor of the spouse who made
the waiver can petition to rescind the waiver to the extent of the amount sufficient
Abuse of Administration to cover the amount of the credit (Art. 89 & 107)
• Marriage settlement may grant sole administration to either spouse; if the • CASE: De Ugalde v. De Yasi – If the judgment by way of compromise agreement
administrator-spouse abuses his powers of administration, JSOP may be availed of has become final & executory, the fact that the creditors were not notified will not
by the aggrieved spouse invalidate such a judgment o A judgment on a compromise agreement has all the
• Abuse – willful & utter disregard of the interests of the partnership, evidenced by a force & effect of any other judgment
repetition of deliberate acts &/or omissions prejudicial to the latter o Not enough o Conclusive only upon the parties thereto, & not upon 3rd persons who are not
that the administrator-spouse does acts prejudicial to the other spouse parties to it
o Not sufficient that he commits acts injurious to the ACP/CPG (he may
just be negligent) Art. 137. Once the separation of property has been decreed, the ACP/CPG shall be liquidated
o Not enough that the administrator spouse does not send updates on the in conformity with this Code.
family business During the pendency of the proceedings for separation of property, the ACP/CPG shall pay
for the support of the spouses & their children.
Separation in Fact
• Spouses have been separated in fact for at least 1 year at the time of the petition Liquidation
• Reconciliation is highly improbable • Process laid down in Art. 102 & 129 will be observed o BUT the delivery of
presumptive legitime need not be complied with
Art. 136. The spouses may jointly file a verified petition with the court for the voluntary § Delivery only applies in annulled marriages & those null under
dissolution of the ACP/CPG, & for the separation of their common properties. Art. 40
All creditors of the ACP/CPG, as well as the personal creditors of the spouse, shall be listed • During the pendency of the proceedings for JSOP, ACP/CPG will pay for the
in the petition & notified of the filing thereof. The court shall take measures to protect the support of the spouses & their children
creditors & other persons with pecuniary interest. • CASE: Maquilan v. Maquilan – A partial voluntary separation of property
agreement by parties, duly approved by the court prior to JDNOM, is valid
Voluntary Separation
• Before separation, there must be court approval o No court approval = VOID, even Art. 138. After dissolution of the ACP/CPG, the provision on complete separation of property
if parties agree already shall apply.
• There need not be any reason for the conversion as long as the parties agree o BUT
if the parties state a reason & it is against public policy, the court must reject the Dissolution
agreement • In JSOP, whether voluntary or involuntary, mere filing of the petition to initiate the
• Petition may even embody the plan or scheme as to how the properties are to be proceeding will not automatically dissolve the ACP/CPG
separated, which will be granted by court if it’s not against public policy • It is the FINALITY of the decision of the court decreeing JSOP which dissolves the
• The agreement for the division of the ACP/CPG must be equal unless: same o Only from that time that the complete separation of property starts
1) A different proportion or division has been agreed upon in the marriage • THUS, as to properties each of the spouses acquire during the trial, it may still form
settlement or part of the ACP/CPG o But properties acquired AFTER the decree of JSOP, the
2) There has been a valid waiver of such share (Art. 102[4] & 129[7]). A valid same shall belong exclusively to either of them independently of the ACP/CPG
waiver may be made upon JSOP
• Agreement for voluntary JSOP – takes effect from the time of the judicial order o Art. 139. The petition for separation of property & the final judgment granting the same shall
NOT from the signing of the agreement by the parties be recorded in the proper local civil registries & registries of property.

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 • But if the basis for the initial JSOP is Art. 135 (involuntary), a JSOP may thereafter
Art. 140. The separation of property shall not prejudice the rights previously acquired by be granted again
creditors.
Judicial Proceeding for Revival
Rights of Creditors • To revive the previous property regime, spouses must file a motion in the same
• Recording in the civil registry of the petition for separation of property & the final court proceeding where JSOP was decreed to revive their pre-JSOP regime
judgment o Aids creditors in determining which properties are conjugal or • Agreement to revive shall be executed under oath & shall specify:
exclusive 1) The properties to be contributed anew in the restored regime
• Creditors may petition to rescind any waivers made by a spouse to the extent of the 2) Those to be retained as separate properties of each spouse
amount sufficient to cover the amount of the credit 3) The names of all their known creditors, address & the amounts owed to each
• Copies of the agreement of revival & the motion for its approval shall be furnished
Art. 141. The spouses may, in the same proceedings where separation of property was to the creditors o After due hearing, the court shall protect the interest of the
decreed, file a motion in court for a decree reviving the property regime that existed between creditors o Such order shall be recorded in the proper registries of property
them before the separation of property in any of the ff. instances:
1) When the civil interdiction terminates; Art. 142. The administration of all classes of exclusive property of either spouse may be
2) When the absentee spouse reappears; transferred by the court to the other spouse:
3) When the court, being satisfied that the spouse granted the power of administration 1) When one spouse becomes the guardian of the other;
in the marriage settlements will not again abuse that power, authorizes the 2) When one spouse is judicially declared an absentee;
resumption of said administration; 3) When one spouse is sentenced to a penalty which carries with it civil
4) When the spouse who has left the conjugal home without a decree of legal interdiction; or
separation resumes common life with the other; 4) When one spouse becomes a fugitive from justice & is hiding as an accused in a
5) When the parental authority is judicially restored to the spouse previously deprived criminal case.
thereof; If the other spouse is not qualified by reason of incompetence, conflict of interest, or any
6) When the spouses who have separated in fact for at least 1 year, reconcile & resume other just cause, the court shall appoint a suitable person as administrator.
common life;
7) When after voluntary dissolution of the ACP/CPG has been judicially decreed upon Guardian
the joint petition of the spouses, they agree to the revival of the former property • When a spouse is appointed the guardian of his spouse, he may likewise be
regime. No voluntary separation of property may thereafter be granted. constituted as the administrator of the estate of the other spouse
The revival of the former property regime shall be governed by Art. 67. • Since spouse is already obliged to live with & take care of his spouse

Revival of Previous Property Regime Absentee & Civil Interdiction

• Termination of causes under Art. 135 (involuntary JSOP) constitutes grounds to be • Same as in Art. 135 (1) & (2)
able to revive the previous property regime (not automatic) o Clearly set out in Art.
141 (1) to (6) Fugitive from Justice
Where the previous property regime is separated on the basis of voluntary • One who, having committed or having been accused of a crime in one jurisdiction
JSOP, the parties can revive the same upon petition in court o is absent for any reason from that jurisdiction
HOWEVER, no voluntary JSOP may thereafter be granted • One who flees to avoid punishment
•

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 Art. 145. Each spouse shall own, dispose of, possess, administer & enjoy his or her own
Other Persons as Guardian separate estate, without need of the consent of the other. To each spouse shall belong all
• Court shall appoint a suitable person to be the administrator of the exclusive earnings from his or her profession, business or industry, & all fruits, natural, industrial or
property of the absent spouse if other spouse is not qualified due to: o civil, due or received during the marriage from his or her separate property.
Incompetence
o Conflict of Interest Art. 146. Both spouses shall bear the family expenses in proportion to their income, or, in
o Other just cause case of insufficiency or default thereof, to the current market value of their separate
properties.
Separation in Fact The liability of the spouses to creditors for family expenses shall, however, be solidary.
• Under Art. 100 (3) & 127 (3), separation in fact of the spouses shall not affect the
ACP/CPG CHAPTER 7: PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE
o EXCEPT: In the absence of sufficient ACP/CPG, the separate property of
both spouses shall be solidarily liable for the support of the family *Art. 147. When a man & a woman who are capacitated to marry each other, live exclusively
• Spouse present shall, upon petition in a summary proceeding, be given judicial with each other as husband & wife without the benefit of marriage or under a void marriage,
authority to administer or encumber any specific separate property of the other their wages & salaries shall be owned by them in equal shares & the property acquired by
spouse & use the fruits & proceeds thereof to satisfy the latter’s share both of them through their work or industry shall be governed by the rules on co-ownership.
In the absence of proof to the contrary, property acquired while they live together shall be
CHAPTER 6: REGIME OF SEPARATION OF PROPERTY presumed to have been obtained by their joint efforts, work, or industry, & shall be owned by
them in equal shares. For purposes of this Article, a party who did not participate in the
Art. 143. Should the future spouses agree in the marriage settlements that their property acquisition by the other party of any property shall be deemed to have contributed jointly to
relations during marriage shall be governed by the regime of separation of property, the the acquisition thereof if the former’s efforts consisted in the care & maintenance of the
provisions of this Chapter shall be suppletory. family & of the household.
Neither party can encumber or dispose by acts inter vivos of his or her share in the property
Suppletory Character acquired during cohabitation & owned in common, without the consent of the other, until
• For regime of complete separation of property, the parties must execute a valid after the termination of their cohabitation.
marriage settlement prior to the marriage stipulating such regime When only one of the parties to a void marriage is in good faith, the share of the party in bad
• Marriage settlement shall principally govern the regime faith in the co-ownership shall be forfeited in favor of their common children. In case of
default of or waiver by any or all of the common children or their descendants, each vacant
Art. 144. Separation of property may refer to present or future property or both. It may be share shall belong to the respective surviving descendants. In the absence of descendants,
total or partial. In the latter case, the property not agreed upon as separate shall pertain to the each share shall belong to the innocent party. In all cases, the forfeiture shall take place upon
absolute community. termination of the cohabitation.

Properties Included Informal Civil Relationship

• Parties can agree on the extent of their property regime • Though there is technically no marital relationship between persons living together
• Can involve present or future property or both as husband & wife without the benefit of marriage, there is still an informal civil
• May be total or partial o If partial, the property not agreed upon as separate shall relationship between them which entitles them to some rights
pertain to the absolute community • Art. 147 & 148 – special kind of co-ownership o Co-ownership is a form of trust &
• NOT VALID to agree in the marriage settlement that the ACP/CPG shall govern every co-owner is a trustee for the other
their marital property relations up to a certain time (ex. 10 th wedding anniversary), • Requisites for Art. 147 – the man & woman must:
& thereafter, the separation of property regime will govern. o Tantamount to 1) Be capacitated to marry each other
dissolving the ACP/CPG by virtue of a cause not provided by the law 2) Live exclusively with each other as husband & wife
3) Be without the benefit of marriage or under a void marriage

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 • Absence of the above requisites will remove the contracting parties will remove the 7) Neither party can encumber or dispose by acts inter vivos of his/her share in the
parties from the ambit of Art. 147 property acquired during cohabitation & owned in common, without the consent of
• Void marriages that do not fall under Art. 147: the other, until after the termination of their cohabitation.
o Those who live together below 18 years of age o Those under Art. 37 a. HOWEVER, either spouse may alienate in favor of the other his/her share
(incest) & 38 (against public policy) o An already married person cannot in the property co-owned
remarry without the 1st marriage having been previously terminated b. BUT no one can donate or waiver any interest in the co-ownership that
o 2nd marriage celebrated while the 1st is validly subsisting is bigamous o would constitute an indirect or direct grant of gratuitous advantage to the
SUMMARY: Art. 37, 38, 35 (1) & (4) other, which is void pursuant to Art. 87
• Void marriages included in Art. 147: 8) When only one of the parties to a void marriage is in good faith, the share of the
o Art. 36 (psychological incapacity) party in bad faith in the co-ownership shall be forfeited in favor their common
o Art. 44 (both parties in a marriage in bad faith in relation to Art. 41, children.
which is about presumptive death) a. In case of default of or waiver by any or all of the common children or
o Art. 53 (no liquidation & recording in the registry of JDNOM) o their descendants, each vacant share shall belong to the respective
surviving descendants.
Void marriages where there is:
b. In the absence of descendants, such share shall belong to the innocent
§ Absence of consent
party. In all cases, the forfeiture shall take upon termination of the
§ No authority of the solemnizing officer
cohabitation.
§ No valid marriage license
§ No marriage ceremony
Valdes v. RTC Ruling
• In a void marriage, the property regimes are those provided in Art. 147/148
Structure of the Property Relationship under Art. 147
• Liquidation of the co-ownership shall be in accordance with the provisions on co-
1) Salaries & wages shall be owned by the parties in equal shares
ownership under the Civil Code, as long as these do not conflict with Art. 147/148
2) Property acquired by either of the spouses exclusively by his own fund belongs to
• Art. 50, 51, 52 in relation to Art. 102/129 of the FC will NOT apply in the
such party, provided that there is proof that it was acquired by exclusive funds
liquidation & partition o Art. 50, 51, 52 – liquidation rules for JDNOM marriages
3) Property acquired by both parties through their work or industry will be governed
o Art. 102/129 – liquidation procedure for ACP/CPG
by the rules of co-ownership. Either spouse may alienate in favor of
• Arts. 102 (6) & 129 (9) which provide that the conjugal home goes to whichever
the other his share in the property
parent the majority of the kids choose to stay with will NOT apply
4) Property acquired while they live together shall be presumed to have been obtained
Difference between forfeiture of shares of bad faith spouses in void marriages:
by their joint efforts, work or industry & shall be owned by them in equal shares.
o Art. 40 in relation to Art. 43(2) & Art. 50 – The spouse in bad faith forfeits
a. A party who did not participate in the acquisition by the other party of
the net profits of the ACP/CPG, goes to:
any property shall be deemed to have contributed jointly in the
§ Common children
acquisition thereof if the former’s efforts in the household consisted in
§ If none, children of the guilty spouse
the care & maintenance of the family & the household
§ If none, innocent spouse o Art. 147/148 applies in any
5) The fruits of the couple’s separate property are NOT included in the coownership
other void marriage
6) Property acquired by any of the parties after separation shall be exclusively owned
§ Art. 147 – bad faith spouse forfeits all his shares, goes to:
by the party who acquired it
• Common children

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 • In case of default, or if any or all of the children or their descendants waive their CLASS SCENARIO #2 (M)
shares, each vacant share shall belong to the respective surviving descendants Q: A & B did not get married. A became an OFW in Saudi Arabia, but back home they were
• If none, goes to the innocent party § Art. 148 just like family. A would send money to the Philippines to B and their kids. B would manage
• If one of the parties is validly married to another, his share in the co-ownership the house, everything. B used the money to get a home. A & B however fought and
will accrue to the ACP/CPG existing in such marriage eventually separated. Who owns the house?
• If the party in bad faith is not validly married to another, his or her share shall be A: If the rules are followed strictly, A will get the house. The house must have been acquired
provided in while THEY WERE LIVING TOGETHER. There is no philosophical meaning of
accordance with Art. 147 “living together.” Thus, Art. 148 will apply. (Diño, Buenaventura, Valdes)

CLASS DISCUSSION (M) *Art. 148. In cases of cohabitation not falling under the preceding article, only the properties
When the marriage is void, there are only two options for property regimes: 147 & 148. acquired by both of the parties through their actual joint contribution of money, property, or
However, there is an exception – that is Art. 40. A subsequent void marriage. In that industry shall be owned by them in common in proportion to their respective contributions. In
subsequent void marriage, it will be liquidated as if the property regime is the ACP or CPG, the absence of proof to the contrary, their contributions & corresponding shares are presumed
as the case may be. (Diño v. Diño) to be equal. The same rule & presumption shall apply to joint deposits of money & evidences
of credit.
Art. 147’s requisites are that the persons are: If one of the parties is validly married to another, his or her share in the co-ownership shall
1. Man & woman accrue to the ACP/CPG existing in such valid marriage. If the party who acted in bad faith is
2. Living together not validly married to another, his or her share shall be forfeited in the manner provided in the
3. As if they are husband & wife last par. of the last preceding article.
4. Exclusively The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith.
5. Either in a marriage which is void or in a no-marriage situation (live-in couple)
6. The two are capacitated to marry Property Regime under Art. 148
If none of these requisites are there, then Art. 148 will apply. • If any of the requirements under Art. 147 are absent, Art. 148 shall apply
The most important requisite in the list is that they are capacitated to marry. It should be in • The parties may be deemed co-owners of a property acquired during the
the sense of Art. 5 (& they should not be psychologically incapacitated) (Valdes v. RTC) cohabitation only upon proof that each made an actual contribution to its
acquisition
Capacitated means that the parties must – 1. • Without proof of actual cohabitation, ownership under Art. 147/138 cannot apply
Not be below 18 • The fact that the other party administered the property is irrelevant to prove
2. Not be married under Art. 37 (incestuous) or Art. 38 (void for being against public policy) coownership
3. Not be bigamous • Relationships contemplated under Art. 148:
If one of these 3 is what applies to the couple, then the regime is that under Art. 148. 1) A man & woman living together as husband & wife, without benefit of
marriage, but are not capacitated to marry
CLASS SCENARIO #1 (M) 2) An adulterous relationship even if it occurred prior to the effectivity of FC
Q: A got married to B in the year 2000; separated with B in the year 2005. A bought a 3) A bigamous or polygamous marriage
mansion in 2007. In 2010, the marriage was declared void. In the liquidation of the marriage, 4) Incestuous void marriages under Art. 37
should the mansion bought in 2007 be included in the liquidation? 5) Void marriages under Art. 38 (against public policy)
A: No. This is the Valdes case. What will be liquidated in a void marriage are only those that
are acquired “while they were living together.” In this case that would include the properties Structure of Property Regime: Limited Co-ownership
acquired by A & B between 2000 & 2005. This rule applies in Art. 147 & 148. 1) The salaries & wages are separately owned by the parties & if any of the spouses is
Q: BUT if it is the void subsequent marriage under Art. 40, will the mansion be included? married, his salary is the property of the CPG/ACP of his legitimate marriage
A: YES. It will be liquidated as if there is ACP or CPG. 2) Property solely acquired by funds of any of the parties belongs to such party

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3) Only the properties acquired by both of the parties through their actual joint
contribution of money, property, or industry shall be owned by them in common
in proportion to their respective contributions
4) The respective shares of the parties over properties owned in common are presumed
to be equal
a. However, proofs may be shown to prove that their contribution &
respective shares are not equal

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 b. Without proof of actual contribution by both parties, there can be no o SC held that, in a bigamous marriage, Art. 148 applies especially presumption of co-ownership & equal
sharing when it was never shown that one of the spouses actually contributed
5) The rule & presumption mentioned above shall apply to join deposits of money to the co-ownership. In this case, Erlinda was only 20 years old at the
& evidences of credit time of the conveyance, & Miguel 64, so it was hardly likely that
6) If one of the parties is validly married to another, his or her share in the co- Erlinda would possibly be able to contribute to buying the property, ownership shall accrue to the ACP/CPG in
such valid marriage. even if she is now engaged in a buy-and-sell business. There is thus a. If the party who acted in bad faith is not validly married to another, his no proof that the
properties were purchased through actual joint or her share shall be forfeited in the manner provided in the last contribution; the property thus reverts back to the CPG of Carlina &
paragraph of Article 147. Miguel.
b. The foregoing rules on forfeiture shall likewise apply even if both • CASE: Borromeo v. Descallar – A title to an immovable property was registered parties are in bad faith. under
the name of a Filipina wife considering her Austrian-husband, who acquired & fully financed the purchase during their cohabitation, was
Case Law constitutionally prohibited from owning land in the Philippines. However, it was
• CASE: Manila Surety & Fidelity Co., Inc. v. Teodoro – Two Filipinos procured an then discovered that the Filipina was already married to another man, prior to
absolute divorce abroad. One of them subsequently contracted another her marriage with the Austrian. The Austrian then sold the property registered marriage in
Hong Kong. The remarrying spouse tried to levy the properties of under the name of the wife to a 3rd person.
his “spouse” from the 2nd marriage. o o SC held that any liability of the remarrying spouse cannot be “In an adulterous relationship, no co-ownership exists between the parties.
levied on the fruits of the separate property of his new “spouse,” considering It is necessary for each of the partners to prove his or her actual joint
that the said fruits were acquired by the said “spouse” prior to the o contribution to the acquisition of property in order to lay claim to any
solemnization of the 2nd bigamous marriage & therefore such fruits did not portion of it. Presumptions of co-ownership & equal contribution do not
belong to spouses in the 2nd bigamous marriage. apply.”
• CASE: Juaniza v. Jose – A woman who was living in a bigamous relationship with a So what happens to the property acquired by the 3 rd person, since the
married was sought to be held liable for an accident involving a vehicle Austrian who sold the property technically cannot own property in the
driven by the bigamous husband, & where the vehicle was registered under the o name of the husband. Philippines?
o The woman was not held liable as co-owner of the vehicle, because the § If land is invalidly transferred to an alien who subsequently
vehicle must be considered the conjugal property of the bigamous becomes a Filipino or transfers it to a Filipino, the flaw in the
husband & his legitimate spouse. original transaction is considered cured & the title of the
• CASE: Belcodero v. CA – A husband bought property in installment & thereafter left transferee is rendered valid.
his family to bigamously marry another woman. The husband, after successfully § In this case, the Austrian had already subsequently become
paying in full, then had the property named under the 2nd woman he married. naturalized as a Filipino citizen. Thus, the defect is cured and he
o Civil Code ruling: SC held that the property belongs to the 1 st marriage, on the strength of the can now own the property.
provision which states that “all o Compare with Matthews v. Taylor
SC affirmed the sale of the property to a 3 rd person even if the name is under the Filipina wife, as there was cousin-wife contributing their salaries, the co-ownership will be liquidated
convincing evidence that the property was financed solely by the Austrian. as follows:

property of the marriage is presumed to belong to the CPG, unless it • CASE: Nicdao Cariño v. Cariño – A man entered into a 2nd marriage, which was be proved that it pertains
exclusively to the husband or wife.” The held void because the man did not obtain a JDNOM for his 1st marriage.
presumption was not convincingly rebutted. o SC held that the 2nd marriage was bigamous, even if the 1st marriage
o Family Code ruling: if the said property was bought using the actual was void, much to the chagrin of Sta. Maria.
joint contribution of money, property or industry by both parties in the o SC applied the Art. 148 property regime to the 2 nd marriage, though bigamous relationship, the share of
the bigamous husband will Sta. Maria believes the correct application is under Art. 50—that the accrue to the ACP/CPG of his legitimate marriage. 2 nd marriage will be
governed by ACP/CPG, because a marriage under
• CASE: Agapay v. Palang – Miguel & Carlina were already married (but were de Art. 40 is an exceptional void marriage facto separated) when Miguel bigamously
marries Erlinda on July 1973. Miguel
sold some land on May 1973, in favor of himself & Erlinda. Forfeiture of Shares & Bad Faith o Importance of this case: stresses the difference in Art. 148 of “actual • Art. 148 states that
the rule on forfeiture of shares shall likewise apply even if joint contribution of money, property or industry” shall be owned by both parties are in bad faith. them in common” as
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opposed to Art. 147 which states that “efforts in • Ex. A woman marries her cousin, who is already married to another woman. the care & maintenance of the family & household are
regarded as Later, she marries another man. If the woman & her cousin jointly contribute to contributions to the acquisition of common property by one who has their co-ownership
living together, with both the husband & the bigamousno salary or income or work or industry.”
 o The share of the spouse who is obviously in bad faith shall accrue to the ACP/CPG of his existing o The consideration for the agreement was the termination
valid marriage. of the marriage by the parties which they cannot do on
o The share of the bigamous-cousin-wife who is also in bad faith will be forfeited in favor of their their own & without legal basis
common children. Since she has no children or descendants. Supposedly, the share will go to the
innocent spouse. However, since there is no innocent spouse, the share of the bigamous-cousin- Parties in Court Case
wife is retained by her. • Sec. 4, Rule 3 of the 1997 Rules of Civil Procedure: “The
§ In this regard & for purposes of the share of the bigamouscousin-wife only, considering husband & wife shall sue or be sued jointly except as provided by
that both husband & wife are in bad faith, they will be considered as if they were both law.” o “Jointly” – they shall be sued together
in good faith & the wife’s share can go to her. o When spouses are sued for the enforcement of an obligation
which has redounded to the benefit of the family, they are
CLASS DISCUSSION (M) being impleaded in their capacity as representatives of the
Note the difference between Arts. 147 & 148 as regards the presumption of contribution. ACP/CPG, and NOT as independent debtors, such that the
concept of joint or solidary liability between them does not
Assuming Art. 147 can squarely apply to the relations of X & Y, if X contributes money, & Y contributes no money, arise
but manages the household, that is enough to create the presumption of co-ownership under Art. 147. o Spouses are also generally the joint administrators of their
In Art. 148, however, given the same facts, there is NO PRESUMPTION OF COOWNERSHIP. There will only be ACP/CPG
co-ownership if there is PROOF of ACTUAL CONTRIBUTION of MONEY by both spouses. Co-ownership will not • HOWEVER, while spouses should be sued together, even just
be presumed. Under Art. 148, if X contributed a car, and Y contributed a toothpick, Y will get ONLY get a toothpick one of the spouses can sue others on behalf of the ACP/CPG
upon dissolution. (Carangdang v. Heirs of
Quirino A. De Guzman) o The other spouse is not an
TITLE V. – THE FAMILY indispensible party to such a case o Reasoning: the rules on
co-ownership (ACP)/partnership (CPG) apply in a
CHAPTER 1: THE FAMILY AS AN INSTITUTION suppletory character
• Art. 111, FC: Spouses may appear alone in court if what is
Art. 149. The family, being the foundation of the nation, is a basic social institution which public policy cherishes & involved in litigation is his own separate & exclusive property
protects. Consequently, family relations governed are by law & no custom, practice, or agreement destructive of the • Joint management/administration does not require that the
family shall be recognized or given effect. husband & wife always act together o If a debtor to the ACP/CPG
is to be sued, the husband or wife alone may file the case if the
Paramount Importance suit relates to any act of administration or management
• Art. II, Sec. 12, 1987 Constitution – sanctity of family life; basic social institution • However, it is advisable that both spouses sue together for
• Art. XV, 1987 Constitution – dedicated exclusively to the family community claims o If one of the spouses files a suit as plaintiff,
the defendants in the counterclaim against the ACP/CPG can file
Destructive Agreements a motion to include as a necessary party the spouse who has not
• No custom, practice or agreement destructive of the family shall be recognized been impleaded
• If the husband & wife state in an agreement that, while their marriage subsists, the husband can have a • Also, though as a general rule the certification for non-forum
concubine, the agreement is void o HOWEVER, such void agreement’s only legal significance is to invoke shopping must be signed by all petitioners in a case, the signature
it as evidence showing “consent” to the sexual infidelity of the husband or wife in cases of legal separation of only one o the spouses is substantial compliance with this
• It is also not valid if parties stipulate that: “in consideration for a peaceful termination of relations between requirement, even if both parties are petitioners
the undersigned & her lawful husband,” the parties agreed to give properties to the wife & monthly support o Each spouse may be reasonably presumed to have personal
for the children, so that the wife would agree to a JSOP & amendment of divorce proceedings. o The knowledge of the filing/non-filing of the action
agreement is void for being contrary to Filipino morals & public policy
Art. 150. Family relations include those: 1)

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 Between husband and wife;
2) Between parents and children; Exemption from Criminal Liability in Crimes Against Property
3) Among other ascendants and descendants; & • Art. 332, RPC: No criminal, but only civil liability, shall result
4) Among brothers and sisters, whether of the full or half-blood. from the commission of the crime of theft, swindling or malicious
mischief committed or caused mutually by the following persons:
Art. 151. No suit between members of the same family shall prosper unless it should appear from the verified 1) Spouses, ascendants & descendants or relatives by affinity in
complaint or petition that earnest efforts toward a compromise have been made, but that the same have failed. If it is the same line
shown that no such efforts were in fact made, the case must be dismissed. 2) The widowed spouse with respect to the property which
This rule shall not apply to cases which may not be the subject of compromise under the Civil Code. belonged to the deceased spouse before the same shall have
passed into the possession of another, &
Application 3) Brothers & sisters & brothers-in-law & sisters-in-law, if
• Enumeration in Art. 150 should be construed strictly – any person not included in the enumeration is not living together
considered by law to be within the terms of “family relations” o Example: If the suit is between a brother- • Not applicable to strangers who participated in the commission of
in-law & a sister-in-law, “earnest efforts to seek a compromise” is not necessary, because their relationship the crime
is not within the ambit of “family relations” as specified by law
o Collateral relatives who are not brothers & sisters are not included in the term “family relations” Running of Prescriptive Period
• HOWEVER, a suit filed by a woman against her sister & the latter’s husband will not need earnest efforts to • Unless otherwise provided by FC & other laws, Art. 1109, CC
compromise, since one of the parties, the sister’s husband, is not considered within the “family relations” applies:
provided by law o Prescription does not run between H W, even if there
• Petition must be verified o But if it is unverified, it should not be dismissed; the court should just merely is separation of property agreed upon in a valid
require the party to have it verified settlement or through JSOP
o Prescription does not run between parents & children
Earnest Efforts to Compromise during the minority or insanity of the latter, & between
• If family relations is in the definition in Art. 150, there must be earnest efforts to compromise; without this, guardian & ward during the continuance of
the suit is DISMISSIBLE o Failure to exert earnest efforts in these situations is a group for a motion to guardianship
dismiss (Sec. 1 [j], Rule 16 of the Rules of Court)
CHAPTER 2: THE FAMILY HOME
Exceptions
• Earnest efforts to compromise is not required if a stranger not of the same family is included in the suit, as Art. 152. The family home, constituted jointly by the husband and the wife
the interest of such stranger may be different from the interest of the members of the family o “Stranger” – or by an unmarried head of a family, is the dwelling house where they &
not listed in Art. 150 their family reside, and the land on which it is situated.
• Rule also doesn’t apply to cases which may not be compromised under the Civil Code (Art. 2035):
1) The civil status of persons Art. 153. The family home is deemed constituted on a house & lot from the
2) The validity of a marriage or legal separation time it is occupied as a family residence. From the time of its constitution
3) Any grounds for legal separation and so long as any of its beneficiaries actually resides therein, the family
4) Future support home continues to be such and is exempt from execution, forced sale or
5) Jurisdiction of courts attachment except as hereinafter provided and to the extent of the value
6) Future legitime allowed by law.
• Earnest efforts rule also does not apply to special proceedings o Petition for settlement of estate
guardianship o Custody of children Constitution
o Habeas corpus • A family home is deemed constituted on a house & lot from the
o Only civil actions are included time it is actually occupied as a family residence

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 • Requirement of house & land as constitutive of a family home – stresses permanence o A boat on water PERIOD OF CONSTRUCTION CONSTITUTION AS FAMILY HOME TO BE
cannot constitute a family home EXEMPTED
• So long as the owners (husband & wife or unmarried head of a family) or their beneficiaries actually reside FROM EXECUTION
in the premises, it is a family home as contemplated by law Family residences constructed before the Must be constituted as family home ei
• Residing in a family home is a real right effectivity of FC (i.e., before Aug. 3, judicially or extrajudicially
• Occupancy – must be actual, & not just constructive (presumptive) o One cannot claim to have occupied the 1988)
premises at the time his overseer, maid, houseboy or driver lived in the same place Family residences constructed after the Automatically deemed to be family homes
o Also not valid when a man claims he is merely staying temporarily in the U.S. & his wife lives in effectivity of FC exempt from execution from the time it w
supposed family home whenever she is here, if it is just the overseer who truly permanently constituted, so long as any of its beneficia
resides in the actually resides therein
home Not judicially or extrajudicially constituted Family homes by operation of law
o Must be actually existing or real, not merely possible as family home prior to the effectivity of prospectively entitled to the benefits in
• Creditors must take necessary precautions to protect their interests before extending credit to the spouses or the FC, but were thereafter existing FC
the head of the family owning a home
• There is NO NEED to constitute the family home judicially or extra-judicially
Waiver, Laches, & Estoppel
(previously needed in the Family Code) o All residences used as a family home as deemed constituted by
operation of law as of August 3 1988 • Personal right – can be claimed only by the judgment debtor, &
o Example: A debtor who, prior to Aug. 3 1988, never constituted his house judicially or extra- not by the sheriff, & therefore must be claimed before the public
judicially & whose debt matured PRIOR to August 3 1988, CANNOT claim that his house can no auction
longer be answerable to satisfy a debt because the house is a family home & is thus exempt from • Exemption is not absolute – exclusions are in Art. 155, which
execution allows the whole amount obtained from the sale of the family
§ If the debt matures prior to the effectivity of the FC, one must constitute one’s family home to be taken by the creditor
home judicially or extrajudicially, pursuant to CC • Art. 160 – a judgment creditor whose claim is not among those
provided in Art. 155 may apply for the family home’s execution
CLASS DISCUSSION (M) IF he has reasonable grounds to believe that it is worth more than
A lessee cannot constitute an apartment where he is staying as a family home. the max amount fixed in Art. 157.
o Proceeds of any execution sale shall be applied:
Who Constitutes the Family Home § 1st – to the amount provided in Art. 157
• The family home CANNOT be constituted by the wife or husband alone o Constitution must be done jointly § 2nd – liabilities under the judgment & costs
by husband & wife o BUT a family home can also be constituted by an unmarried head of family by himself § 3rd – excess goes to judgment debtor (family home
o ALSO Occupancy of any of the beneficiaries can also constitute a home as a family home owner)
§ Even if a married person is legally/de facto separated, a family home is still constituted if any of • Why exemption is not absolute – so that debtors cannot thwart
his beneficiaries actually occupies the land & house of such married person with his consent & just claims of creditors
pursuant to FC requirements • CASE: Josef v. Santos – The petitioner immediately claimed
exemption from execution of a property, which he claimed was a
Exempt from Execution family home, after the respondent filed a motion for execution.
The lower court did not conduct an investigation on W/N the
• Exemption from execution, forced sale or attachment is provided by law o Effective from the time the
property was indeed a family home.
constitution of the family home as such o Lasts so long as any of the beneficiaries actually resides
o SC voided the writ of execution for respondent– a
therein
claim for exemption from execution of the family home
CASE: Olivia de-Mesa v. Acero, Jr. must be validly proven before the
This case provides a summary of the rule for purposes of exemption from execution. sale of the property at public auction

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 o Respondent & the trial court ignored petitioner’s argument that the properties were exempt from 3) For debts secured by mortgages on the premises before or after such
execution constitution; &
4) For debts due to laborers, mechanics, architects, builders, materialmen & other
CLASS SCENARIO (M) who have rendered service or furnished material for the construction of the
Q: The sheriff did not levy on a house because he knew a house to be a family home. Is the sheriff correct? building.
A: No, it is a personal right that can only be invoked by the spouses, the head of the family, & the beneficiary.
Debts
Art. 154. The beneficiaries of a family home are: • A court judgment is not necessary to clothe a pre-existing debt
1) The husband & wife, or an unmarried person who is the head of a family; & with the privileged character of being enforceable against the
2) Their parents, ascendants, descendants, brothers & sisters, whether the relationship be family home o When a case is filed questioning the validity of a
legitimate or illegitimate, who are living in the family home & who depend upon the debt under Art. 155 for which the family home is being executed
head of the family for legal support. in acc. with law, such debt shall be considered as having arisen
NOT from the time the court issues a judgment affirming such
Beneficiaries existence, but from the time it actually arose
• Actual occupancy of beneficiaries constitutes a family home o Must have the consent of either the • “Debt” – “obligations” in general o Includes money judgments
husband or wife o Applies even if the owners do not actually reside therein arising from tort o Whole value of the family home may be used
• 3 Requisites for Beneficiaries: to pay off obligations under Art. 155
1) Must be among the relationships listed in Art. 154 • CASE: Gomez v. Sta. Ines – A debt was incurred in 1977 before
2) Must live in the family home the effectivity of FC. The subject property had not, at the time,
3) Must be dependent for legal support upon the head of the family been constituted as a family home under the provisions of the CC.
• CASE: Patricio v. Dario III – A grandson is not considered a beneficiary of a family home owned by his o SC: Because a home which was not a family
grandfather even if he resides there, because he is dependent on his father for support. home prior to the effectivity of FC became one after
• The beneficiaries are the ones who will most likely be affected by the constitution of the family home & its the effectivity of FC by operation of law, the debt
disposition therefore can be raised as having been incurred
• Art. 158 – When an owner plans to sell a family home, he must first obtain the consent of a majority of the before the constitution of the family home. Thus, it
beneficiaries of legal age is subject to execution. o The judgment sustaining
• The enumeration in Art. 154 includes the in-laws where the family home is constituted jointly by the the liability of the debtor was not the reckoning date
husband & wife for the existence of the debt; instead, it is the time
• Law definitely excludes maids & overseers when the debut was actually incurred in 1977

CLASS DISCUSSION (M) Art. 156. The family home must be part of the properties of the ACP/CPG,
Q: Grandfather houses A, the child of B. A died. X said, let’s partition already since we have inherited the property. B or of the exclusive properties of either spouse with the latter’s consent. It
said, “No you can’t, there’s still a minor in this house who is my child, A. According to law, we have to wait until he may also be constituted by an unmarried head of a family on his or her own
reaches the age of majority.” Is B correct? property.
A: B is wrong. If you look at the list of beneficiaries, the minor has to be dependent on the head of the family for Nevertheless, property that is the subject of a conditional sale on
support. installment where ownership is reserved by the vendor only to guarantee
In this case, A complies with the first requisite of living in the family home. However, A does not depend on his payment of the purchase price may be constituted as a family home.
grandfather for support. Hence, he is not considered a beneficiary.
Family Home
Art. 155. The family home shall be exempt from execution, forced sale or attachment except: • Constituted at a place where there is a fixed & permanent
1) For non-payment of taxes; connection with the persons constituting it
2) For debts incurred prior to the constitution of the family home;

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 • Must be a part of the ACP/CPG or the exclusive properties of either spouse with the latter’s consent • REMEMBER: The values in Art. 157 refer only to the value at
• May also be constituted by an unmarried head of family on his own property the time of the constitution made after the effectivity of the FC o
• Property that is the subject of a conditional sale on installment where ownership is reserved by the vendor If after the constitution, the value of the house increased due to
only to guarantee payment of the purchase price may be constituted as a family home improvements to an amount more than fixed by law at the time of
• NOT a family home: the constitution, the family home remains a family home
o An apartment unit or a house that is being rented o A house erected by a person
on the property of another Art. 158. The family home may be sold, alienated, donated, assigned or
encumbered by the owner or owners thereof with the written consent of the
In cases under Art. 156, the totality of the family home can be executed. person constituting the same, the latter’s spouse, and a majority of the
beneficiaries of legal age. In case of conflict, the court shall decide.
Art. 157. The actual value of the family home shall not exceed, at the time of its constitution, the amount of P300,000
in urban areas, and P200,000 in rural areas, or such amounts as may hereafter be fixed by law. Disposition of Family Home
In any event, if the value of the currency changes after the adoption of this Code, the value most favorable for the • Limitation to the right of disposition of the owners of a property
constitution of a family home shall be the basis of the evaluation. where a family home is situated
For purposes of this article, urban areas are deemed to include chartered cities and municipalities whose annual • Cannot be sold, alienated, encumbered, donated or assigned
income at least equals that legally required for chartered cities. All others are deemed to be rural areas. without the written consent of the ff.:
1) Person constituting the same
Value of the Family Home 2) The spouse of the person constituting the same
• Art. 153: The family home is constituted from the time it is actually occupied as a family home o Actual 3) A majority of the beneficiaries of legal age
occupancy is the operative act of the constitution o The value at the of the constitution must be: • Thus, for the family home to be leased, the written consent of all
§ P300,000 in urban areas the people mentioned must be obtained (a lease = an
§ P200,000 in rural areas encumbrance)
§ Or such amount as may hereafter be fixed by law
• If the home is MORE than the value fixed by law, it is NOT a family home o NOT exempt from forced Art. 159. The family home shall continue despite the death of one or both
sale, execution or attachment spouses or of the unmarried head of the family for a period of 10 years or
• 2nd par, Art. 157: “In any case, if the value of the currency changes after the adoption of this Code, the value for as long as there is a minor beneficiary, & the heirs cannot partition the
most favorable for the constitution of a family home shall be the basis of the evaluation o If a house is worth same unless the court finds compelling reasons therefor. This rule shall
P300,000 in an urban area but was not legally instituted prior to the effectivity of FC, it will automatically apply regardless of whoever owns the property or constituted the family
become a family home if it is still worth P300,000 on Aug. 3 1988 home.
o If the house were worth P400,000 prior to the effectivity of the FC & if its value increased to
P500,000 at the time or after the effectivity, it Limitation After Death
will not be considered a family home because the value of P400,000 at the time of its constitution • Even upon the death of the person who constituted the family
is the basis of the evaluation (rather than the P500,000), as it is the more favorable assessment for home, such family home shall continue as one for a period of 10
the years, or longer, if there is a minor beneficiary
constitution of the family home • Heirs cannot partition the same unless the court finds compelling
o If a house in 1987 was worth P500,000, & the value decreased to P300,000 at the time of the reasons
effectivity of the FC, it is the P300,000 that will be considered • CASE: Arriola v. Arriola – Even if a house & lot passes to the
• Justification for limits: those who can afford more expensive homes need no protection; this is intended to heirs upon the death of their father, it cannot be immediately
protect the middle-class o Justification is a sweeping generalization that ignores some facts o Has become a partitioned, at least not for 10 years, as it is a physical symbol of
regressive limitation inhibiting progressive middleclass growth family love. In the case, the family patriarch

Increase in Value of Family Home

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 died on March 10 2003. It cannot be partitioned for 10 years or longer, if there is still a minor residing Application of Art. 162
there. It can thus only be partitioned in March 10 2013. • Art. 162 does not have a retroactive effect o It does not mean that
o If there is no compelling reason to immediately partition the lot, the court will not order it all existing family residences are deemed to have been constituted
§ Reason for forced sale must be set up & proved to the as family homes at the time of the occupation of the family home
Sheriff before the sale of the property at public auction o Proscription against prior to the effectivity of the FC & are exempt from execution for
partitioning exists regardless of its ownership payments of obligations
§ Even if the family home has passed by succession to the coownership of the heirs, the o Art. 162 simply means that all existing family residences
family home is not transformed into an ordinary property at the time of the effectivity of the FC are considered
§ Rights of the beneficiaries of the conjugal home cannot be subjugated family homes & are prospectively entitled to the
benefits accorded to a family home
Art. 160. When a creditor whose claim is not among those mentioned in Art. 155 obtains a judgment in his favor, &
he has reasonable grounds to believe that the family home is actually worth more than the maximum amount fixed in TITLE VI. – PATERNITY & FILIATION
Art. 157, he may apply to the court which rendered the judgment for an order directing the sale of the property under
execution. The court shall so order if it finds that the actual value of the family home exceeds the maximum amount CHAPTER 1: LEGITIMATE CHILDREN33
allowed in Art. 157 & results from subsequent voluntary improvements introduced by the person or persons
constituting the family home, by the owner or owners of the property, or by any of the beneficiaries, the same rule & A child born inside a valid marriage is legitimate.
procedure shall apply. A child born in a void marriage is illegitimate, EXCEPT when the grounds
At the execution sale, no bid below the value allowed for a family home shall be considered. The proceeds shall be for nullity are (1) psychological incapacity, or (2) no recording, liquidation,
applied 1st to the amount mentioned in Art. 157, & then to the liabilities under the judgment & costs. The excess, if etc. of a previous terminated marriage (Art. 52 & 53, check those out).
any, shall be delivered to the judgment debtor.
The child must be the offspring of the wife. If the child is not the offspring
Judgment Creditor of the wife, this whole chapter on paternity & filiation will not apply.
• Unlike in Art. 155, in Art. 160 there is a need for a court decision before a judgment creditor can avail of
the privilege Cases: Babiera, Badelles
• Example: If a creditor obtains a judgment in his favor, directing the debtor to pay him P500,000, & the
debtor owns a family home which has a current actual value of P1,000,000, such judgment creditor can Q: A is married to B. They have no children. They informally adopted a
execute on said family home. child, X, by simulated birth certificate. A & B died. X is the only
o Bidders cannot bid an amount below P300,000 o If the house is sold for P700,000 only, the compulsory “heir.” But it was the brothers & sisters of A that filed the
sheriff gives the debtor the amount of P300,000,then gives P400,000 to the creditor intestate proceedings. X opposed, arguing that he is the legitimate child &
§ Immunity of P300,000 supposedly allows debtor to build a new family home the only heir. It was proven in court, however, that A & B are barren. X
• Judgment-claim & judgment creditor should not be among those in Art. 155 o If the judgment creditors are said, “Siblings, you have no legal basis to question me. The only people
laborers & the judgment amount of P500,000 represents the amount due them, P700,000 will be first who can impugn the legitimacy of the child, is the husband (note, it is
applied to them wrong to say the father) only as a general rule. Also, the period for
§ P500,000 will be given to the Art. 155 creditors contesting the legitimacy of the child is only 12-3 (living together,
§ P200,000 goes to the judgment debtor separated, abroad). Given both of these, my right is no longer contestable.”
§ If the house is sold for exactly P500,000, the creditorlaborers get everything CA sided with X.
A: SC reversed. This Chapter does not apply in a situation where the child
Art. 161. For purposes of availing of the benefits of a family home as provided for in this Chapter, a person may did not come out from the woman. This is a simple case of falsification of
constitute, or be the beneficiary of, only one family home. public documents.

Art. 162. The provisions in this Chapter shall also govern family residences insofar as said provisions are applicable.
33 The emphasis of this Chapter is that only paternity needs to be established; maternity is certain but paternity is
not. Only fathers have the right to impugn the legitimacy of their child. The mother cannot impugn with any legal
effect.

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Q: B without terminating his marriage with A, married C. A child was born between C & A (C Jr.). What is the status • Paternity & filiation – relationship which exists between parents
of C Jr.? & children o Paternity – whether one is the father or not o
A: C Jr. is legitimate. Since the marriage is bigamous, the child was born inside the marriage of A & B. (Concepcion Filiation – legitimacy/illegitimacy
v. CA) • Legitimacy/illegitimacy is fixed by law & cannot be left to the
Q: C asked if C Jr. can still maintain C’s surname, and also if C can get visitorial rights. will of the parties or the declaration of a physician or midwife
Can he be entitled? • Filiation:
A: NO. Though C is a biological father, legally, C is not related to C Jr. Q: If B is irresponsible, o By nature – legitimate if they are conceived or born
can C seek custody of the child? during the valid marriage of the parents
A: NO. In impugning the legitimacy of the child, only A (& other heirs in extraordinary situation) can say “I am not § Presumption of legitimacy can only arise upon
your father.” If A does not impugn C Jr.’s status in court, C will be a foreigner. convincing proof that the parents of the child
Q: What is the reckoning point? were legally married & that the child’s
A: From the knowledge of birth OR from knowledge of the record of birth. conception/birth occurred during the
Q: It turns out A is the doctor. A is the one who facilitated birth of C Jr. At age 2, A realizes that C Jr. actually looks subsistence of such marriage
like C, and not him. Can A still impugn? A: No, 1 year has passed since KNOWLEDGE OF BIRTH (if they live o By adoption
together). • CASE: Conception v. CA – A woman bigamously married
another man. A child was born out of their bigamous union. Later
Q: What is the status of the artificially inseminated child when you fail to record in the civil registry? on, the bigamous marriage between the woman & the man was
A: Legitimate. Our paradigm works with the necessity of impugning on the part of the husband. So long as the declared void. What is the child’s filiation?
husband does NOT impugn, the child is LEGITIMATE, though born by artificial insemination. o SC: The child born in the 2 nd voided union was in effect
born of the wife in the 1st subsisting marriage. Thus, in
Art. 163. The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or illegitimate. the eyes of the law, the father of the child is the 1 st
husband of the wife.
Art. 164. Children conceived or born during the marriage of the parents are legitimate. Children conceived as a result o Additionally, in this case, the child wanted to
of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate acknowledge his real father (the 2 nd husband from the
children of the husband & his wife, provided that both of them authorized or ratified such insemination in a written bigamous marriage); the court, however, did not permit
instrument executed & signed by them before the birth of the child. The instrument shall be recorded in the civil this. By legal fiction, the child’s father was the 1 st
registry together with the birth certificate of the child. husband, & a child cannot file a case to acknowledge
his real father
Art. 165. Children conceived & born outside a valid marriage are illegitimate, unless otherwise provided in this Code. o Child is the legitimate child of the 1st husband.
§ Note that if the 1 st marriage was the void
Policy of the FC marriage, the child would be illegitimate &
• The policy of the FC: liberalize the rule on the investigation of the paternity of children, especially could now be attributed to the 2nd
illegitimate children, without prejudice to the right of the alleged parent to resist the claimed status with his husband
own defenses. § Note also that if the wife successfully got a
• Legitimacy cannot be negotiated; it is determined by law o A child cannot go to court and say “This man is JDNOM for her 1st marriage, the child would
not my father!” and have that statement have any legal effect then be the legitimate child of the 2nd husband
• Adoption – created by law; child has all rights, obligations & duties of a natural child • Illegitimate children – those conceived & born outside of a valid
marriage or inside a void marriage o EXCEPTIONS: A child is
Paternity & Filiation legitimate when he is…
• GENERAL RULE: the law will always recognize the husband as the father; if he does nothing to impugn § Conceived/born before the judgment of
the child, the child is legitimate & his annulment (Art. 54)

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 § From a marriage declared void due to psychological incapacity (Art. 54)
§ From a void marriage due to failure to comply with mandatory provisions of Art. 52 & Art. 166. Legitimacy of a child may be impugned only on the ff. grounds:
53 1) That it was physically impossible for the husband to have sexual intercourse
his wife within the first 120 days of the 300 days which immediately precede
Artificial Insemination birth of the child because of:
• Two types of artificial insemination o Homologous – wife is artificially impregnated with the semen of her a. The physical incapacity of the husband to have sexual intercourse
husband; Artificial Insemination Husband (AIH) with his wife;
o Heterologous – artificial insemination o the wife by the semen of a 3 rd-party donor; Artificial b. The fact that the husband and wife were living separately in such a w
Insemination Donor (AID) that sexual intercourse was not possible;
§ Consensual – with consent of husband c. Serious illness of the husband, which absolutely prevented sexual
§ Non-consensual – w/o husband’s consent intercourse;
2) That it is proved that for biological or other scientific reasons, the child coul
Status of an Artificially Inseminated Child have been that of the husband, except in the instance provided in the 2nd
• Legitimate, as long as both of them authorized or ratified such insemination o Through a written instrument paragraph of Article 164; or
executed & signed before the birth of the child 3) That in case of children conceived through artificial insemination, the wr
o Instrument is recorded in the registry together with the birth certificate of the child34 authorization or ratification of either parent35 was obtained through mis
o Since the husband consents, there is no marital infidelity fraud, violence, intimidation, or undue influence.36
§ One who consents to the production of a child cannot create a temporary relation to be
assumed & disclaimed at will; he has an obligation for the person whose existence he is
directly responsible Art. 167. The child shall be considered legitimate although the mother may
• If written authorization/ratification is obtained through mistake, fraud, violence, intimidation or undue have declared against its legitimacy or may have been sentenced as an
influence, the husband may impugn the legitimacy of the child on these grounds adulteress.
• Morality is not the concern in this case, because the fact is that the child is already born
• HOWEVER, it must be observed that if the requirements in par. 2, Art. 164 are not followed & the husband
DOES NOT impugn the legitimacy of the child on grounds provided by law within the prescriptive period, 1988: Sexual intercourse may have been had at the end of the 120 days, but
the child will still be legitimate, having been born in a valid marriage o Requirements in Art. 146, par. 2: then 300 is said to be the longest average period of gestation. 6 is the
1) Both spouses authorize or ratify such insemination before the birth of the child; shortest. There must be physical impossibility to have sex within the first
2) The instrument is recorded in the civil registry together with the birth certificate of the child 120 days.

SCENARIO (A) Physical Incapacity

Q: What if the husband agreed to use 3rd party’s sperm & signed the written instrument, but the wife used both the Biological – vasectomy, etc. but it must be
husband’s sperm & a 3rd party’s? ABSOLUTE Artificial insemination – vitiated
A: Husband can impugn the legitimate filiation of the child, but NOT the paternity. Thus the child would be consent
illegitimate at most, but can never be said to be not related to him (as is the case when grounds in Art. 166 are • Notice how the ground is not failure to comply with requirements,
proven) but vitiation of consent. Thus, note that the failure to comply is
not actually a ground, giving rise to a gray area.
No Criminal Liability for Adultery of Wife Artificially Inseminated w/o Consent of Husband
• A woman who, without the consent of her husband, gets herself a AID insemination CANNOT be held Applicability of Art. 166 & 167
criminally liable for adultery
• Art. 333, RPC: Adultery is committed by any married woman who shall have sexual intercourse with a man
not her husband o Artificial insemination – no sex involved 35 The phrase states “either parent,” but admittedly, even if a woman complains on these grounds, she cannot
impugn the child; only her husband can
36 Notice again that there is nothing about the necessity of recording. Thus, if the husband & wife sign an
34 Child will still be considered legitimate, even if the requirement of registration is not complied with instrument but fail to register it, the artificially inseminated child will still be legitimate.

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 • Art. 166 – presupposes a valid marriage bet. husband & wife o Only the husband & the heirs (in proper Rebutting Presumption
cases under Art. 171) can invoke these grounds • While the presumption is a strong one, if reason & experience
o If any grounds are proven, the child will neither be legitimate nor illegitimate as far as the dictates that it should not hold, then the presumption should be
husband is concerned—they are simply not related disregarded o Only upon convincing evidence
o As far as the wife is concerned, the child is illegitimate • Art. 166 – grounds to impugn legitimacy are exclusive o
• The legitimacy of the child can likewise be questioned on the ground that the marriage bet. husband & wife Invoked by husband &, in proper cases, the heirs
is void • Court needs clear & convincing proof of illegitimacy
o But remember: a void marriage usually means that the child is illegitimate for both husband &
wife 120-300-Day Period
• Art. 167 – makes it impossible for the wife to file an action to impugn the legitimacy of her child o Even if a • Ordinarily, a woman carries a child for 270-280 days after
wife is declared adulterous by courts, or is aware that her husband is not the father, her knowledge or conception
sentence will have no bearing & can never affect the legitimate status of the child born or conceived inside a • Average longest period = 300 days (10 months)
valid marriage • First 120 days = 1st 4 months
o Only husband can contest legitimacy if he & his wife are in a valid marriage • When a child is born inside a marriage, sex is presumed between
husband & wife within the 1 st 120 days of the 300 days
SCENARIO (A) immediately preceding the birth of the child o Any day within the
Q: What if the wife did not actually want to get pregnant & have the baby, but was drugged & her husband conspired 1st 120 days is presumed to be when the child was conceived
to impregnate her with the doctor? A: The wife cannot do anything about it; she cannot impugn the child. o Timespan bet. 120th day & 300th day = 180 days (6
Q: In reverse, what if it is the husband who is drugged by the wife & his sperm was taken, but without written months)
authorization? § The period of viability
A: Husband cannot use Art. 166(3) for his defense. He may use other reasons instead. § Child may be born without defects even if the
gestation period is only 6 months
• Art. 166 & 167 – only apply when the child has been delivered by his natural mother (condition sine qua
non) o Do not apply when the alleged mother did not deliver the baby herself o CASE: Chua Keng Giap v. Physical Incapacity
IAC – If a person claims to be the son of an alleged woman & of the decedent whose properties are being • Impotence/sterility must be proven with evidence so strong &
liquidated, but said person was not actually delivered from the womb of the alleged mother, the mother can convincing as to justify the bastardization of the child
validly declare that the said person is not her child because she never gave birth to him • CASE: Tarleton v. Thompson - Where it was shown that a man’s
§ Ex. Husband was already dead. At the wake, suddenly, a certain person came (X) who said penis head was already cut off & necessitated insertion of metal
to the wife, “I’m your child.” It was held that X is not an offspring of the wife. Thus, this Chapter sounds for him to urinate, the man still failed to impugn the
cannot apply to X. OFFSPRING is the key requisite for the application of this entire chapter. o CASE: legitimacy of the child because it was shown that he still had sex
Benitez-Badua v. CA – A person claims to be the only daughter of a deceased married couple. The with other women
oppositors, however, presented evidence to show that the alleged “daughter” could not have been that
of the deceased, as they were both unable to physically procreate. This is true even if the couple treated Living Separately
the daughter as their own child, & even they even falsified a certificate of birth to reflect that she was • To rebut presumption of legitimacy, the husband & wife have to
their child. live separately in such a way that sex is truly impossible
• Example: If the husband can prove he was living in another
Declaration of Legitimacy country for the entire questioned period – has to be completely
• CC provisions provide presumptions; FC provisions are declarations impossible
• In all cases where a husband assails the legitimacy of an issue sired by his wife, all doubts are resolved in • Mere remoteness is not sufficient to disavow paternity o Bare
favor of legitimacy because of the universal presumption of legitimacy o A woman is innocent until proven testimony of the husband that he & his wife live 30 miles away
guilty (of having sex with someone else)

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 from each other at the time of the child’s conception is not enough to show that the child is illegitimate, as or heirs in Art. 171 o Fraud/undue influence can also be asserted
sex with his wife was not impossible given the distance by 3rd persons on both the spouses or any one of them
o Even the husband & wife living separately & 170 miles away is not enough • Husband or heirs can allege that:
• A child born 11 years after the mother left her husband for England & came to England with her paramour 1) The wife was subjected to these causes, or
is proof that the child is not the legitimate son of the husband 2) The husband was himself subjected to the same or
3) Both of them were subjected
Serious Illness • Even if the mother was subjected to these cases, she cannot file a
• Serious enough to absolutely prevent husband from engaging in sex case to impugn the legitimacy of the child because she is not
• Doctor’s statement that the husband is truly not physically capable of performing the sexual act as it was not given legal standing to do so (Art. 167, 170, 171)
possible for him to enter a woman in such a manner as to allow the spermatozoa to find the ova
Non-Observance of Procedure Relative to Artificial Insemination
Biological & Scientific Reasons • Law does not provide that the failure to comply with the
• If a DNA test proves with certainty that one is not the father procedure laid down in
• Can also be by the laws of nature: Art. 164 will constitute a ground to impugn the legitimacy of a
o A white couple cannot have a black baby child o However, if the husband consented & the sperm was
o BUT parents must show evidence that they have zero black ancestry his, it is almost impossible that he would contest the
legitimacy of the child
Sterility o If he decides to impugn the child later on, the case will
• Relative condition, both as to degree & as to time fail, regardless of lack of procedural compliance
• As proof of non-paternity on the grounds of biological or scientific reasons, the husband must be shown to § He is bound by his consent
be completely sterile at the time the child was conceived • If the wife was able to obtain a sperm sample of her husband’s
• It only takes one sperm to fertilize successfully which the latter contributed to a sperm bank & used it for
• CASE: Lucas v. William – A husband was “sterile” 7 years before the birth of the child, as shown by artificial insemination w/o husband’s knowledge
medical evidence, & an exam 4 years after the birth indicated he was sterile at that time. o Husband can impugn the legitimacy of the child using
o SC: The legitimacy of the child was not conclusively rebutted, because there is still no proof that the 166(1)[a][b][c] & (2), as it was physically impossible
husband was sterile at the time of the conception of the child for him to have sex with his wife at the time the child
was conceived
Vasectomy • If the husband acceded to the artificial insemination of his wife
• Not enough proof to rebut the presumption of legitimacy of a child sired using the sperm of another man, & he fails to comply with the
• Must be coupled with concrete proof that the husband is completely sterile & re-channelization of tubes did procedure in 2nd par. of Art. 164, then allowed the prescriptive
not occur period for impugning the child to pass, the child will be his
legitimate child with is wife
Scientific Testing
• Several blood tests (such as A-B-O test) have only been accurate in excluding paternity (ensuring a person
is not the father)
• Current test: DNA test – SC has declared it is a valid procedure for determining paternity o DNA result that
excludes the putative father from paternity is conclusive proof of non-paternity

Vitiated Consent in Artificial Insemination

• If the written authorization or ratification is obtained through fraud, violence, intimidation or undue
influence, the legitimacy of the child may be impugned o But only the husband can impugn, due to Art. 170,

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 •
If the donor were a man other than the husband & the husband, objecting to the • Presumption holds even immediately before the official termination of the marriage
artificial insemination, did not want to comply with the procedure in Art. 164, he o It is not unlikely that the couple had sex just prior to the death of one of them or
can impugn using Art. 166(1)[a][b][c] & (2). just before the issuance of JDAOM/JDNOM
o Same course of action if the husband initially acceded to the artificial • Remember: Law fixes the period of 300 days as the longest gestation period for a
insemination, but failed or refused to comply with the requirements under child inside the womb of the mother
Art. 164, then later on impugned the child’s legitimacy
§ He must impugn within the prescriptive period in Art. 170 Access Not Presumed After Termination Marriage
• If the husband agrees to wife’s artificial insemination with another man’s sperm & • When the marriage tie is severed or void from the beginning, the essential
they observed all the requirements in Art. 164, he CANNOT impugn the legitimacy obligation of cohabitation is no longer present o No need to observe mutual fidelity
of the child o Art. 166 (1)(2) & (3) cannot be invoked because he knew the sperm or render help or support
was not his before agreeing to the process • Presumption is that they obeyed the JDAOM/JDNOM & have separated
o Art. 166(2) also provides that, when Art. 164 is observed, impugning • Art. 54: Children conceived or born before the finality of a decree of JDAOM
legitimacy for biological or other scientific reasons cannot be invoked (Art. 45) or nullity (Art. 36) are considered legitimate o Even after the issuance of
the decree, children born or conceived prior to the FINALITY of the decree
Art. 168. If the marriage is terminated & the mother contracted another marriage within 300 are considered legitimate
days after such termination of the former marriage, these rules shall govern in the absence of o Unless appealed, decree become final after the lapse of 15 days from the
proof to the contrary: receipt of the decision
1) A child born before 180 days 37 after the solemnization of the subsequent marriage
is considered to have been conceived during the former marriage, provided it be Presumption of Filiation in Case of 2 Marriages
born within 300 days after the termination of the former marriage; • If there is convincing proof of filiation that the father of the child is the previous
2) A child born after 180 days38 following the celebration of the subsequent marriage husband or the subsequent husband, the rules in Art. 168 will not apply
is considered to have been conceived during such marriage, even though it be born • Art. 168 only applies “in the absence of proof to the contrary” o 180-day
within the 300 days after the termination of the former marriage. period – shortest gestation period o 300-day period – longest gestation period
• There is no presumption as to legitimacy or illegitimacy; the presumption is only
with regard to WHEN the child is considered to have been conceived o The
Today, DNA is acceptable.
status of the child depends on the status of the marriage in which he is considered to
What is the probative value of DNA?
have been conceived
No match, conclusive presumption of no paternity
• If the mother marries a 2nd time & a child is born within 180 days from the
99.9%, refutable presumption of paternity. If there is no countervailing evidence, paternity
solemnization of the 2nd marriage & within the 300-day period after the
sticks.
termination of the 1st marriage o Child shall be considered to have been conceived
Below 99.9%, there is corroborative evidence (you must give other evidence)
in the 1st marriage o It’s like saying that the 2nd husband & the wife only had
sex when they were already married & that the 1st husband & the wife had sex
Art. 168 does not provide for a presumption of status; rather, it provides for a presumption of
before the end of their marriage
conception.
§ This rule avoids confusion & upholds woman’s
virtue o Whether the child is legitimate or illegitimate
Class Notes
depends on the status of the 1st marriage
• Art. 168 merely provides for a presumption; can be disproven by DNA test
§ Art. 36, 40 (52, 53), 45 – legitimate
• After 300 days have passed, there are no longer any presumptions
§ All other void marriages – illegitimate
• If the child is born after 180 days following the celebration of the 2 nd marriage, but
Access Presumed Prior to Termination of Marriage
within the 300-day period since the 1 st marriage, it is considered to have been the
child of the 2nd marriage, in the absence of proof to the contrary.
37 Less than 6 months from the termination of the 1st marriage
38 More than 6 months from the termination of the 1st marriage

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 •
o If on the 100th day after the termination of the 1 st marriage, the woman If the husband, or in his default, all of his heirs do not reside at the place of birth as defined in
remarries… the 1st paragraph or where it was recorded, the period shall be 2 years if they should reside in
§ A child born on the 181st day after the solemnization of the Philippines; & 3 years if abroad. If the birth of the child has been concealed from or was
the unknown to the husband or his heirs, the period shall be counted from the discovery or
2nd marriage is a child of the 2nd marriage knowledge of the birth of the child or of the fact of registration of said birth, whichever is
§ Art. 36, 40 (52, 53), 45 – legitimate earlier.
§ All other void marriages – illegitimate
Art. 171. The heirs of the husband may impugn the filiation of the child within the period
Proof to the Contrary prescribed in the preceding Art. only in the ff. cases:
• If there is any confusion as to who the father is, or if the proofs are not convincing 1) If the husband should die before the expiration of the period fixed for bringing his
or if there is no proof, then the presumptions in Art. 168 will apply action;
But if there is convincing proof, a child born after 180 days from the celebration of 2) If he should die after the filing of the complaint, without having desisted therefrom;
the subsequent marriage but within 300 days from the 1 st marriage can still be or
recognized by law as the child of the 1st marriage 3) If the child was born after the death of the husband.39
• Once filiation is proven, the presumption of legitimacy attaches o The father can
still impugn such legitimacy on the basis of grounds in Art. 166 & within the Class Notes
prescriptive periods provided in Art. 170 • Prescriptive period is:
o 1 year from the KNOWLEDGE of recording at the local civil registrar o
Art. 169. The legitimacy or illegitimacy of a child born after 300 days following the 1 year from the KNOLWEDGE of the birth of the child
termination of the marriage shall be proved by whoever alleges such legitimacy or • Counted from the day of discovery; there is no need for due diligence on the part of
illegitimacy. the husband

Parties
No Presumption for a Child Born After 300 Days After Termination of Marriage • Impugning the legitimacy of a child is strictly a personal right o CANNOT be set
• In the absence of any subsequent marriage after the termination of the 1 st marriage, up as a defense o CANNOT be a collateral issue or collaterally attacked o
the father of a child born after 300 days from such termination can be ANYBODY Impugned only through a direct suit precisely filed for the purpose of assailing the
o Includes the husband of the previous marriage o Convincing proofs & evidence legitimacy of a child
of filiation must be shown • Principally, only the HUSBAND can file a direct action o Even if the child were
• CASE: People v. Velasquez – The child was allegedly born of rape, 10 months & conceived by a donor of sperm who is not the husband
11 days after the alleged date of said rape. The law, however, assumes that 300 days o His heirs can substitute him only under the conditions in Art. 171
(10 months) is the longest gestation period. Thus, 311 days would be considered • The husband (& his heirs) is the sole judge of determining whether or not to file a
extraordinary by law & must be backed up with convincing evidence. proceeding, or continue the proceeding, disputing the legitimacy of his wife’s child
o SC held that the circumstances seemed to point to the possibility of o The husband is the only person who can know he is not the father o Generally,
subsequent sexual acts between the alleged rapist & his victim, thus there where a husband fails to file suit, no one can subsequently assert the husband’s
was some doubt on whether or not the accused & the victim actually had strictly personal right except the heirs in certain but very restricted situations
sex voluntarily. Thus, SC concluded that the 2 engaged in sex more than • Example: If a wife gives birth to a child of her paramour, the said child is born in
once, as asserted by the alleged rapist, contrary to the victim’s claims. the valid marriage between her & her husband o If not contested, the child is
legitimate as to said husband & wife o If the paramour files an action for the
Art. 170. The action to impugn the legitimacy of the child shall be brought within 1 year from custody of the child, the action shall be dismissed, because only the husband can
the knowledge of the birth or its recording in the civil register, if the husband or, in a proper claim the child is illegitimate
case, any of his heirs, should reside in the city or municipality where the birth took place or
was recorded.
39 A posthumous child born after the death of the alleged father
•
• CASE: Tison v. CA – A niece filed a reconveyance of certain properties formerly § CASE: Spouses Fidel v. CA – One party contested that the other
belonging to her aunt, as she is one of her aunt’s heirs. To prove her filiation to her party was not truly related to his father, who was long ago
aunt, she presented evidence showing that she was the legitimate daughter of her deceased, & thus had no right to a specific property. SC held
father, who was the brother of her aunt. The respondent filed a demurrer to that it was necessary to determine the filiation of the party, to
evidence, claiming that the evidence presented by the niece was not enough to determine if he had the right to the property.
prove her legitimate filiation to her father, & consequently, her aunt. • Heirs are only substitutes of the husband, & cannot file a case impugning the
o SC held that, though the evidences, taken separately & independently of legitimacy of the child if the husband is still alive o Heirs can file when the husband
each other were not necessarily sufficient to establish proof of legitimacy, dies, but also within the period provided in Art. 170
the niece could nevertheless avail of the presumption of legitimacy which o All heirs, whether testamentary, legal, compulsory or voluntary can file
was never controverted by any sufficient evidence by the respondent (the • The mother has no standing to file an action to impugn the filiation or legitimacy of
respondent in this case was a 3rd party buyer of the lot, not related to the her children; maternity is never uncertain
family)
o Respondent also had no legal personality to impugn the legitimacy of the Reason for the Limitation of Parties w/ Legal Standing
niece, as the respondent was not the “husband” referred to in the law • Protection of innocent children against attacks of paternity
o Legitimacy can only be directly attacked by the husband of the niece’s • Those who are not listed by law CANNOT impugn the legitimacy of a child
mother • Persons who are without legal standing to impugn legitimacy:
CASE: Babiera v. Catotal – A legitimate child filed a suit to cancel the birth o The actual father of the child impugning the legitimacy of a child in a valid
certificate of her housemaid’s child who claimed to be her sister & therefore also marriage between the mother and another man, because he is not among
the legitimate child of her parents. (In this case, the child was not an offspring of those granted by law the right to make such impugnation
the wife, but the housemaid; thus, this Chapter cannot apply). o It was proven that it § Biological father’s rights are subordinate to the collective rights of
was not the legitimate child’s mother who gave birth to the housemaid’s child & the child, the mother, the presumed father & the
that the birth certificate was forged family unit
o SC rejected the contention of the housemaid’s child that the legitimate o The child himself, born inside a valid marriage, but aware that he has a
child cannot anymore impugn her legitimacy on the ground that only the different father, cannot repudiate his own legitimacy
father can do so & the action already prescribed
§ Art. 171 applies where the father (or the heirs) impugns the Prescriptive Periods
legitimacy of his wife’s child; in Art. 171 the wife is the • 3 Prescriptive period for the husbands or heirs:
undisputed mother of the offspring. In this case, though, it was 1) 1 year from knowledge of the birth or knowledge of the recording in the civil
already proven that the mother did not give birth to the registrar, if the impugner resides in the city or municipality where the birth
housemaid’s child took place or was recorded;
§ There is no blood relation to impugn 2) 2 years from knowledge of the birth or knowledge of the recording in the civil
§ Additionally, the action to nullify the birth certificate does not registrar, if the impugner resides in a place in the Philippines other than the
prescribe, because it was void city or municipality where the birth took place or was recorded;
o Also, in this case, it was the housemaid’s child who filed the suit & not the 3) 3 years, if the impugner resides abroad
child herself, &, being a party-in-interest, the child had the right to bring • If the birth of the child has been concealed or is unknown to the impugners, the
up the legitimacy period is counted from the discovery of the birth or recording, whichever is earlier
• Impugning the legitimacy of a child cannot be made in an action for partition, as • After the lapse of this period, the status of the child born in a marriage becomes
this is a collateral attack o HOWEVER, if the issue in an action for annulment of fixed & can no longer be questioned
extrajudicial partition is the right of a particular person to inherit & there is an • If the husband knew of the birth or recording of birth in the LCR, the prescriptive
assertion that the alleged heir was not in fact the child of the deceased, a period will start to run from that time o NOT from the subsequent knowledge that
determination of filiation can be made the child is not his child o Thus, if a husband were informed by a woman that a
child of which he is pregnant was his child & because of this, he marries her, & she

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 •
thereafter gives birth to the child in the presence of her husband who, for more than
a year later, discovers the child could not be his child, he cannot anymore impugn
the legitimacy of the child as the prescriptive period has lapsed
• Concealment referred to by the law does not refer to the conceal that the child is not
the husband’s, but concealment of the birth or the recording

CHAPTER 2: PROOF OF FILIATION

Art. 172. The filiation of legitimate children is established by any of the ff.:
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 & signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be proved by: 1)
The open and continuous possession of the status of a legitimate child; or 2)
Any other means allowed by the Rules of Court and special laws.

First paragraph:
1. Record of birth – must be signed by the father (SC: A record of birth not signed by
the father is not proof of filiation)
2. Public instrument – e.g., SSS E1 Form the father submitted to the SSS showing that
the child is theirs is enough to qualify under Art. 172 (latest SC decision)
3. Handwritten instrument – e.g., Dear wife, please take care of the child in your
womb. I love that child. Love, the future daddy (SC held this is enough, in the Luna decision.
No matter how informal the letter may be).
4. Final decision – e.g., father tried to eject his son from an apartment. The decision
states that the case is concerning X, the father, & Y, the son. This is NOT enough. The final
decision has to be one on filiation.

Q: A & B are married. A & C got into a bigamous marriage. A & C have a child, C Jr. In the
birth certificate of C Jr., it was C who signed as father.
A: As between a presumption of fact (the signature of C in the birth certificate) and a o Legitimacy or illegitimacy does not arise from statements & admissions
presumption of law (a child born in a legitimate marriage is legitimate), the latter prevails. made in documents mentioned in Art. (1) & (2); but from the fact that the
C’s argument will thus fail. children were conceived or born inside a valid
Q: A impugns C Jr. Who can file a petition to claim the legitimate status of the child making marriage, or otherwise, for illegitimacy
C the parent? o Hence, Art. 172 pales in legal significance to a clear showing that a child
A: The child, C Jr. was born inside a valid marriage or not for legitimacy or illegitimacy
Petition to claim legitimacy is transmissible to the heirs, but the petition to claim illegitimacy o Probative value of mentioned documents have great weight &
is not transimissible to the heirs. significance over all other evidence where
§ The children were born 300 days following the termination of a
Second paragraph: marriage & no subsequent marriage was entered into
1. Open & continuous possession of status of a legitimate child – the continuous possession • Art. 169 – legitimacy/illegitimacy shall be proven by whoever
must be spontaneous, with, clear, willing, intentional declaration of filiation alleges it
(it should not be because of pity, anger, or annoyance)
2. Rules of Court – this is where DNA comes in (DNA, pedigree, family bible) Record of Birth
• Good proof as it proceeds from an official government source
If you are a LEGITIMATE child, you can use paragraph 1 or 2 whether the alleged father is • Public document & prima facie evidence of the facts therein
alive or not. contained o Statements in the record of birth may be rebutted o
If you are an ILLEGITIMATE child, you can use all of them if the alleged father is alive. If BUT if there is no evidence to disprove the facts stated therein,
the alleged father is dead, you can no longer use paragraph 2. the presumption will hold & the children, as stated in the birth
certificate, will be legitimate
Q: In an intestate proceeding, X, an illegitimate child, tries to claim the illegitimacy of the • If certificate of live birth is signed by the parents (more
child. Can he do so if he has 1,000 pictures taken from birth to death and also DNA particularly, the father), such a certificate is self-authenticating
evidence? & is a consummated act o No need to file any further action for
A: No. He can only use paragraph 1. acknowledgement
• If the alleged father did not sign the birth certificate, the placing
Filiation Established o Legitimacy cannot be made dependent on parental physiognomy or of his name by the mother, doctor or registrar is incompetent
bodily marks of similarity evidence of paternity
o HOWEVER, resemblance between parent & child can serve as material • Between a presumption of fact created by a record of birth
evidence to establish parentage IF accompanied by other strong evidence, versus the presumption of law in Art. 164, Art. 164 prevails
whether direct or circumstantial, to prove filiation of the child
§ HOWEVER, SC has ruled that in the age of DNA testing, this Final Judgment
stuff feels obsolete • A final judgment bearing on the status of the child as legitimate
o Art. 164: For as long as a child is conceived or born inside a valid is binding & conclusive o A mere reportorial statement (obiter
marriage, they considered as legitimate o If child is conceived & born dictum) of the court, as opposed to an actual final judgment, is
outside a valid marriage or inside a void marriage, they are declared by not enough to establish filiation
Art. 165 as illegitimate unless otherwise provided by law • A final judgment based on a compromise agreement where the
o Art. 172 refers to proofs of legitimacy; but according to Art. 175, they parties agreed regarding a status of a person is void – against
can also be used to prove illegitimacy o Art. 172 – does not derogate the public policy & law o Art. 2035, CC: No compromise
declaration made by law; merely provides for the necessary documentary agreement upon the civil status of persons is valid
evidence to prove claims of o Paternity & filiation is a relationship that must be judicially established
legitimate or illegitimate filiation
Admission in Public or Private Handwritten Document

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 • An admission in a public instrument or a private handwritten document & signed by recommending her employment, allowing her to use his home
the parent concerned is a complete act of recognition o No need for court in Bacolod, allowing appellant to use his surname
intervention • NOT considered open & continuous possession o Supposed father & child have met
• Will not qualify under the law if: only 4 times for money o Must be spontaneous & uninterrupted
o A private document that is not in the handwriting
of the supposed parent Evidence under the Rules of Court & Special Laws
o Not a public instrument o Examples of non- • NOT considered proof: pictures, typewritten letters, affidavits, use of surname after
proof: father’s death without his consent
§ It has been held that a child’s written consent to the operation • In earlier cases, SC did not allow baptismal records as proof of filiation
of her alleged father, not being written in the handwriting of the • HOWEVER, in a more recent case SC held that “any means allowed by the
alleged father, is not a proof of filiation Rules of Court & special laws can be used” o Baptismal certificates, judicial
§ A secondary student permanent record not signed by the admission, family bible in which child’s name is entered, admission by
alleged father silence, testimony of witnesses (Rule
§ A marriage contract stating that advice of the alleged father was 130, Rules of Court) o But for baptismal certificate to be proof, it must be
obtained, but said letter was not signed by the father shown that the father had therein participated in the preparation of the same; if
• CASE: Lim v. CA – In this case, SC held that there was no doubt that the petitioner not signed, it is not competent proof
was the father of the illegitimate child, due to the evidence fully showing this. o Where a priest who officiated the baptism claimed that he could recognize
o It was petitioner who paid the bills for the hospitalization of the mother the father of the child as he was there during the baptism, but at the same
when she gave birth time testified that he had to be shown a picture of the father by the
o He cause the registration of the name of the child using his surname in mother to be able to recognize him it was also held that there was no
the birth certificate concrete proof
o He wrote handwritten letters to the mom & child stating his promise • Best proof is that father signed the birth/baptismal certificate
“to be a loving husband & father to both of you.” o
Various pictures of petitioner cuddling with child. DNA Testing
• Valid to prove paternity (as of 2002 case People v. Vallejo)
Open & Continuous Possession of Legitimate Status • In assessing probative value, it must be established that the laboratory complied
• In the absence of foregoing evidence, the legitimate or illegitimate filiation can be with appropriate standards & controls, & had the available testing data & results o
proven by open & continuous possession of the status of being legitimate How the samples were collected. How they were handled, possibility of
• “Continuous” as defined in Mendoza v. CA – does not mean that the concession of contamination, procedure in analyzing samples, whether proper standards were used
status shall continue forever but only that it shall not be of an intermittent character in analyzing the samples & conducting the tests, the qualification of the analyst who
while it continues o Father treats the child as his own, directly & not through conducted it
others, spontaneously & without concealment though without publicity • If scientific, technical or other specialized knowledge will assist the trier of fact in
o Permanent intention of the supposed father to consider the child as his own determining a fact in issue, a witness qualified as an expert by knowledge, skill,
through clear & continuous manifestation of paternal affection & care experience, training or education may testify thereto in the form of an opinion or
otherwise if:
• Paternal affection & care must not be attributed to pure charity
(1) The testimony is based upon sufficient facts or data
• CASE: Jison v. CA – Not only conviction of paternity, but also that apparent desire
to have & treat the child as such in all relations in society & life, not accidentally, (2) The testimony is the product of reliable principles & methods
but continuously o Higher standard of proof is needed; evidence must be clear & (3) The witness has applied the principles & methods reliably to the facts of
convincing, such as: the case
§ Sending appellant to school, paying for tuition, school uniforms, • 99.9% is the minimum value of the Probability of Paternity prior to a paternity
books, etc., defraying hospital expenses, providing a monthly inclusion
allowance, responding to appellant’s paternal greetings,

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 • DNA analysis that excludes putative father from paternity should be conclusive Q: Can a child take out the middle name which he got from his mom?
proof of non-paternity o If the value is less than 99.9%, the results of DNA tests A: NO.
should serve as corroborative evidence
o If the value of W is 99.9% or higher, then there is a refutable presumption of Rights of Legitimate Children
paternity which should be subject to the Vallejo standards (i.e. • Greatest & preferential sum of rights is given to the legitimate child
observance of proper procedures)
• CASE: Lucas v. Lucas – The issue of a DNA testing order remains discretionary Legitimate Child Illegitimate Child
upon the court. It may consider whether or not a DNA test is absolutely necessary. Filing Claims & Proof Has his lifetime to file an Has his lifetime to file an action
If there is already preponderance f evidence to establish paternity & the DNA test action to claim legitimacy, to claim illegitimacy only if he
would only be corroborative, the court may choose to disallow the DNA testing. regardless of the type of uses proofs under par. 1 of Art.
proofs 172.
Art. 173. The action to claim legitimacy may be brought by the child during his or her provided for in Art. 172
lifetime & shall be transmitted to the heirs should the child die during minority or in a state of If he uses proofs under par. 2 of
insanity. In these cases, the heir shall have a period of 5 years within which to institute the Art. 172, he only has until the
action. lifetime of the parent
The action already commenced by the child shall survive notwithstanding the death of either Transmission to
Right to file an action to Right of an illegitimate child is
or both of the parties. Heirs of Right to File
claim legitimacy can be not transferrable to his heirs
Claim transmitted to his heirs
Action to Claim Legitimacy (Art. 173)
• Right of action for legitimacy devolving upon the child is of a personal character o Support in the Same Entitled to receive Entitled to receive support only
Generally pertains exclusively to him o Only the child may exercise it at any time Direct Line support from any of his up to his grandparents & his
during his lifetime ascendants & grandchildren (Art. 195 [2], [3])
• Three cases where, as an exception, it may be transmitted to the heirs of the child: descendants (Art. 195 &
1) If he dies during minority 199)
2) If he dies while insane Successional Rights Gets 1 whole portion as Gets ½ of the legitime of a
3) If he dies after the action and already been instituted legitime, as compared to legitimate child
• Right of actin accruing to the child lasts a whole lifetime; he may exercise it either the illegitimate child
against the presumed parents, or the heirs of the presumed parents Surname Principally bears the Generally bears the surname of
surname of his father the mother
Art. 174. Legitimate children shall have the right: (Art. 364, CC)
1) To bear the surname of the father & the mother, in conformity with the provisions of
the Civil Code on Surnames; Inheriting a Legitimate child can No right to inherit ab intestato
2) To receive support from their parents, their ascendants, & in proper cases, their intestato* b inherit ab intestato from from the legitimate children &
brothers & sisters, in conformity with the provisions of this Code on Support; the legitimate children & relatives of his father or
3) To be entitled to the legitime & other successional rights granted to them by the Civil relatives of his father or mother (Art. 992, CC)
Code. mother

Q: The child can actually use the surname of the father OR the mother (Carulasan case). The *Example: X has a legitimate child Y.
mother’s surname can be used if there are COMPELLING REASONS. In that case, the child • Y has 2 children: 0, who is legitimate, & P, who is illegitimate
tried to change his surname because he did not like the surname “Carulasan” because it is • If Y dies before X, then X later dies… o O will inherit from X by right of
hard to pronounce Is that enough to use the mother’s surname? representation, as Y would have inherited had he not died prior to X (Art. 970-973,
A: NO. That reason is not considered compelling. CC)

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 o P cannot inherit by right of representation, because illegitimate children • Explanation in Art. 173 is also applicable to 174 o
cannot inherit from legitimate relatives (Art. 992, CC), such as X, though • A judicial testimony which has not been rebutted or disputed by the alleged father is
X is P’s grandfather sufficient to prove paternity
• RULE: Illegitimate children are entitled to support until their grandparents, but they • CASE: Mendoza v. CA – Established the rules of evidence in proving paternity o
get no inheritance from their grandparents o Inheritance of illegitimate children is “Any other means allowed by the Rules of Court” – may consist of a combination
limited to inheritance from their parents of various proofs, such as: baptismal certificate, family
bible, common reputation respecting his pedigree, admission by
CHAPTER 3: ILLEGITIMATE CHILDREN silence, the testimonies of witnesses, other kinds
of proof admissible in Rule 130 of the Rules of
Art. 175. Illegitimate children may establish their illegitimate filiation in the same way & on Court
the same evidence as legitimate children. o The father’s grandparents also admitted that the daughter in the case o was
The action must be brought within the same period as specified in Art. 174, except when their son’s child
action is based on the 2nd par. of Art. 172, in which case the action may be brought during the § Rule 130, Sec. 39 – “The act or
lifetime of the alleged parent. declaration of a person deceased, or
unable to testify, in respect to the
Obligation of Father to Illegitimate Child pedigree of another person related to
• Support him by birth or marriage, may be
• (Possibly) a surname received in evidence where:
The woman claimed she had sex with the alleged father on the first week or second week of
Claim of Illegitimate Children November, 1974 but at the same time she later said she could not remember the date of their
• A child is born outside a valid marriage or inside a void marriage, except Art. 54 last sexual intercourse in November 1974; thus, she failed to establish the crucial point on
• If a philandering husband has a concubine, a child of such concubine by said direct examination on which specific date or dates she had sex with the alleged father
philandering husband is surely illegitimate o Illegitimate child may file an action to It is not enough that she said they had sex on “September, October & November, 1974” if she
claim his illegitimate status o BUT if the concubine has her own spouse, the child cannot say for certain they had sex on the crucial dates
cannot file an action to claim his illegitimate status against the philandering Furthermore, the child was born on August 3, 1975, when there is proof that the mother sent a
husband thought the latter is his natural father letter to her attorney on February 11, 1975 that she was 4 months pregnant with a child—way
§ The child is born in the valid marriage of the concubine & her past the traditional 267 days for a full term baby, which the mother said her baby was
own husband, so the child is legitimate, but under this marriage
the concubine’s spouse is the one with the power to file a case
to impugn the legitimacy o the child
§ If concubine’s spouse never files a case, the child will continue
to be the legitimate child of the concubine & her spouse, & not
the illegitimate child of the concubine & the philanderer
§ To allow a child to file a case to claim his illegitimate status
would allow him to impugn his legitimate status, which • CASE: Jison v. CA - Private letters & notes were presented to prove filiation cannot be done under the Rules
of Court, Sec. 40: “entries in family bibles or other family books
§ Only concubine’s spouse & his heirs can file a case or charts, engravings on rings, family portraits & the like”; however SC ruled regarding the child’s legitimacy that
such private documents do not fall under the phrase “and the like” of the
§ The child can only file to claim his illegitimate status if the said rule concubine’s spouse or his heirs are successful in o “And the like” is limited to objects which are
commonly known as questioning his legitimacy under the marriage of the “family possessions” & are in effect, a family’s joint statement of its concubine & her spouse
belief as to the pedigree of a person
• Child must have proofs of filiation & must follow o Other possibilities: tombstones, monuments or coffin plates prescriptive periods
• CASE: Constantino v. Mendez – If the birth of the illegitimate child is way
Proofs beyond 9 months from the approximate time Katrina
of conception, this
Monica C. Gawcan| Block
negateC any
2018| 165
• Same proofs in Art. 172 may be used for illegitimate children in proving filiation claim of filiation
The evidence of paternity was held to be not clear & convincing But an illegitimate child who uses the surname of the father would have a middle name (i.e.,
the
• It occurred before the controversy • CASE: Verceles v. Posada – Admitted love letters of petitioner in his own • The relationship between the persons is shown
by handwriting & using an alias, declaring that, should respondent be pregnant, he evidence other than such act or declaration will have no regrets, qualifies as a
establish filiation
private handwritten instrument that can • Serves as an exception to the hearsay rule
§ “Pedigree” includes relationship, family genealogy, birth, • CASE: Salas v. Matusalem – birth certificate unsigned by the dad,
dad’s marriage, death, the dates when & the places where these handwritten notes without statements admitting paternity, mere
proof of visits facts occurred, & the names of the relatives (facts of family & photos of the mom, dad, & child together were NOT
deemed to be

history) overwhelming evidence, documentary & testimonial, enough to prove filiation

Prescriptive
§ In the case, the witnessed testified that he was informed by his father, who was the brother of the alleged father in the
Period

case, & his grandmother, that the petitioner was the • Par. 1, Art. 172 – Illegitimate child has whole lifetime to bring action daughter of the alleged father
• Par. 2, Art. 172 – During the lifetime of the alleged parent only
o Rules for the admission of declarations of pedigree into evidence: o CASE: Tayag v. CA – An illegitimate child brought an action for 1) The declarant is dead or unable to testify
partition after the death of the alleged father & prior to the effectivity 2) The pedigree must be in issue of FC. The issue on his illegitimacy had to be answered collaterally. Is 3)
The declarant must be a relative of the person whose pedigree is ground was his alleged continuous possession of the status of an in issue illegitimate child.
4) The declaration must be made before the controversy § SC: When the case hit SC, FC had taken effect. Thus, SC
5) The relationship between the declarant & the person whose dismissed the case because the father had died, & thus the pedigree is in question must be shown by evidence other
than illegitimate child could no longer use this ground to prove such declaration filiation.
• A party must be allowed to adduce proof of his illegitimacy to be able to know whether he mother’s).
falls under Art. 172 par. 1 or 2.
Q: An illegitimate child was allowed to use the surname of the father following the requisites
Art. 176. Illegitimate children shall use the surname & shall be under the parental authority of of the law. Can the mother ask that the surname be reverted to hers again?
their mother, & shall be entitled to support in conformity with this Code. However, A: Yes, the mother can if she goes to court.
illegitimate children may use the surname of their father if their filiation has been expressly
recognized by the father through the record of birth appearing in the civil register, or when an Rights of an Illegitimate Child
admission in a public document or private handwritten instrument is made by the father. • Surname of the mother
Provided, the father has the right to institute an action before the regular courts to prove non- • ½ the legitime of a legitimate child
filiation during his lifetime. The legitime of each illegitimate child shall consist of ½ of the
legitime of a legitimate child. Parental Authority
• Illegitimate child is under the parental authority of the mother o Father is NOT
GR: Illegitimate child’s surname is the mother’s surname. given parental authority, even if there is recognition on his part that the child is his
EXC: If the illegitimate child wants to use the surname of the father, there is no need to go to • CASE: David v. CA (Briones)– Where a person who lives exclusively with his
court (unlike when the child is legitimate who wants to use the mom’s surname). The legitimate family got hold of his legitimate son from the mother, who was
illegitimate child only needs to go to LCR, with affidavit of father consenting, & have that obviously not living with the father, X stated that the illegitimate son is under the
registered. parental authority of the mother who, as a consequence of such authority, is entitled
to have custody of him.
If an illegitimate child uses the surname of the mother, is there a middle name for the o Paternity is certain, but the father was not cohabiting with the mother.
illegitimate child? • But for Sta. Maria, this ruling by Briones is quite strict.
The illegitimate child will not have a middle name. (SC decision)

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 o Sta. Maria: If the alleged father admits that the child is his & it is shown that it is
really conclusively his child & he even acknowledges that the child is his, & the Requirements
said father lives together with the child & the mother under a void marriage • The mandatory requisites for legitimation:
without the benefit of marriage, Art. 211 applies – “the father & mother shall 1) Parents do not suffer any legal impediment OR are only disqualified to marry
jointly exercise parental authority over the person of their common children. In because either or both of them were 18 at the time of the
case of disagreement, the father’s decision shall prevail, unless there is a judicial conception of the child by the mother
order to the contrary.” 2) The child has been conceived & born outside a valid marriage
o In this case, parental authority will be exercised by both dad & mom 3) The parents subsequently enter into a valid marriage
• Once parental authority is established, it cannot be waived except in cases of o a. This last step legitimates the child
Adoption o Guardianship & b. Even a later annulment will not change legitimacy anymore
o Surrender to a children’s home or orphan institution • It has been held that where the essential elements of legitimation existed prior to the
• But parental authority can be terminated on legal grounds provided in FC passage of the legitimating statute, legitimation is deemed to occur as of the time
the statute becomes effective
Surname o Surname of the mother is used, o Example: In the Civil Code, before a child could be legitimated, such child
generally. must also be first acknowledged by the father
o But illegitimate children may use the surname of their father if their filiation § If B gives birth to X in 1983 & father M does not want to
has been expressly recognized by the father through o Record of birth acknowledge that X is his child, X will not be legitimated even
appearing in the civil registrar o Admission in a public document or private if B & M enter into a subsequent valid marriage in 1984
handwritten instrument made by the father § However, on Aug. 3 1988, X will be legitimated even if M still
o Nevertheless, father has the right to institute an action before the regular courts does not acknowledge him.
to prove non-filiation during his lifetime • HOWEVER, when a legitimating statute adopted after the birth of an illegitimate
child may have the effect of legitimating the child, it will NOT affect property
CHAPTER 4: LEGITIMATED CHILDREN rights which have already vested
o Using the same example, if M dies in 1985 & X is considered legitimated in
Art. 177. Children conceived & born outside of wedlock of parents who, at the time of the Aug. 3 1988, X will not have a claim anymore as to property rights which
conception of the former, were not disqualified by any impediment to marry each other, or have been transferred to the legitimate children of B & M upon M’s
were so disqualified only because either or both of them were below 18 years age, may be death.
legitimated. • Generally, legitimation cannot occur if either or both of the parents, at the time of
the conception of the child, were disqualified by any impediment to marry - thus,
Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. such a child would never be legitimated o EXCEPT if the impediment is that either
or both being under 18 o Cannot be legitimated:
The annulment of a voidable marriage shall not affect legitimation.
§ Adulterous children, especially if the parents marry years after
the birth of the child
Art. 179. Legitimated children shall enjoy the same rights as the legitimate children.
§ Bigamous children

Art. 180. The effects of legitimation shall retroact to the time of the child’s birth.
Effects of Legitimation
• Retroacts to the child’s birth
Statutory Creation
• Enjoy the same rights as legitimate children
• Before a child may be legitimated, requirements of law must be strictly complied
• Unlike adoption where the extent of filial relationship is defined by law, the
with
provisions on legitimation puts the legitimated child on equal footing with the child
• Remedial in character – intended for the benefit & protection of innocent offspring;
born legitimate o Adoption – only relationship created is between parent & child o
may be applied retroactively & must be liberally construed
(nevertheless, requirements must be complied with)

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 Legitimation – creates the total & full extent of the blood-relationship existing TITLE VII. – ADOPTION
within the family, including all ascendants, descendants & collateral relatives (Repealed)

Art. 181. The legitimation of children who died before the celebration of the marriage shall Domestic Adoption Act of 1998 [RA 8552] - Feb. 25, 1998
benefit their descendants. (Only relevant provisions are cited)

Benefit to Descendants Salient Points in Adoption according to Dean Sta. Maria:

• Art. 195(2) – Legitimate ascendants & descendants are obliged to support each
1. If you are a stranger adopting a person or child not related to you by blood, you
other o A great grandparent is obliged to support his great grandchild o Art. 195(4)
must show that there is no one in the extended family wants to adopt the child. If you fail to
– In case there is an illegitimate child involved, parents are only obliged to support
show that, the case is dismissed.
their illegitimate children & the illegitimate children of the latter only (illegitimate
grandchildren) 2. Whereas before, aliens can adopt by way of exception, today, aliens are included in
the general rule and can adopt.
• Example: Maria and Jose are not married but are capacitated to marry. They have
an illegitimate child, Pedro. Pedro in turn has a child, Miguel. Miguel then has a 3. Adoption can be rescinded only be the adopted. BUT a void adoption decree can be
child, Jose. annulled and questioned by any party, even collaterally.
o Miguel, Maria & Jose’s grandchild, is entitled to support from them. Jose, 4. Pre-birth arrangements or contracts are illegal. This is an act which presumes
however, Maria & Jose’s great grandchild, is not entitled to support trafficking in children under RA 7610.
o HOWEVER, if Maria & Jose marry after Pedro dies, Jose will be entitled 5. For adoption, international conventions can be availed of to determine the
to support as the legitimated great grandchild paramount interest of the child. But our jurisprudence is replete with information on the
paramount interest of children.
Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights, 6. Generally, there are two steps in adoption: the administrative part, and the judicial
within 5 years from the time their cause of action accrues. part. In the administrative part is generated all necessary requirements, so that the Secretary
of the DSWD will issue a certificate for availability for adoption. During the administrative
Prescriptive Period phase, there will be evaluation of all the parties concerned (adoptee, adopted, biological
• Rights here are understood to be successional rights o Those who can be prejudiced parents). This is now mandatory. If the child is abandoned, then there must first be a
– legal heirs of parents o If the legitimated child continued to be illegitimate, said declaration of abandonment. Whereas the court previously declared a child abandoned, the
child would only be given half the inheritance of a legitimate child declaration of abandonment is now made by the DSWD administratively.
• If the legitimation is irregular, the heirs can file suit to protect their rights Nevertheless, the parent shall be searched thoroughly during the administrative case. The trial
• Cause of action: only upon the death of the parents of the legitimated child period can also occur during the administrative phase.
• Even an adopted child can be a prejudiced heir of his adopter & his natural parents Then there is the judicial phase. It is a special proceeding where the endpoint is a decision.
in case a child of the said parents is legitimated The adoptive parents will be considered as such not from the finality of the

decision, but from the filing of the petition.

Sec.
7. 2. Declaration
Simulated of Policies.
birth certificate – (a) Itisisnow
immunity hereby
over.declared
Before, the policy
there was aoflaw
thethat
State
if to ensure
there is a Statutory Construction
subsequent adoption, no one will be prosecuted for simulating a birth certificate. But thatwith
that every child remains under the care and custody of his/her parent(s) and be provided law • Adoption is a purely statutory creation
love,already
has care, lapsed.
understanding and security towards the full and harmonious development of
o All statutory requirements for adoption must be met
his/her personality. Only when such efforts prove insufficient and no appropriate placement
or adoption within the child's extended family is available shall adoption by an unrelated o Where a court issues an adoption decree despite the fact that all said requirements are not met, such
person be considered. decree is a nullity.
(b) In all matters relating to the care, custody and adoption of a child, his/her interest shall be o Example: A child by adoption cannot inherit from the parent by adoption unless the act of adoption has
the paramount consideration in accordance with the tenets set forth in the United Nations been done in strict accord with the statute
(UN) Convention on the Rights of the Child; UN Declaration on Social and Legal Principles • Burden of proof: the person claiming such relationship o One must prove compliance with statutes
Relating to the Protection and Welfare of Children with Special relating to adoption in the jurisdiction where the adoption occurred
Reference to Foster Placement and Adoption, Nationally and Internationally; and the Hague
Katrina Monica C. Gaw | Block C 2018| 168
Convention on the Protection of Children and Cooperation in Respect of Intercountry
Adoption. Toward this end, the State shall provide alternative protection and assistance
through foster care or adoption for every child who is neglected, orphaned, or abandoned.
 causing such child to lose his/her true identity and status.
• If the mandatory requirements are present, & there are only irregularities, substantial
compliance with mandatory requisites is enough
• Always, the primary consideration in adoption is the interest & welfare of the child

M: The adopted is not a sibling of the natural child of the adopter. The adopted is not related to the father of the adopter. The only creation of the law in adoption, by legal fiction, is that of parent &
child.
Sec. 3. Definition of Terms. (a) “Child” is a person below 18 years of age. [Note the Yet at the same, despite the creation of only that relationship, there are some
difference in R.A. 9523 below] prohibitions – like a legitimate child of the adopter cannot marry the adopted child of the adopter. These
(b) "A child legally available for adoption" refers to a child who has been voluntarily explicit statutory provisions, you must take note of.
or involuntarily committed to the Department or to a duly licensed and accredited
childplacing or child-caring agency, freed of the parental authority of his/her biological
CASE: Republic v. Bobiles
parent(s) or guardian or adopter(s) in case of rescission of adoption.
In an adoption proceeding, the technical rules of pleading should not be stringently applied.
(c) "Voluntarily committed child" is one whose parent(s) knowingly and willingly
Facts: Zenaida filed a petition to adopt a child, Jason. Only her name appeared formally in the petition for
relinquishes parental authority to the Department.
adoption as petitioner, though the affidavit of consent attached as an annex to the pleading showed that
(d) "Involuntarily committed child" is one whose parent(s), known or unknown, has
Dioscoro, her husband, consented to adopting Jason & Dioscoro & Zenaida both “mutually desired to
been permanently and judicially deprived of parental authority due to abandonment;
adopt” Jason. The lower court held that only Zenaida successfully became Jason’s adopter, & not
substantial, continuous, or repeated neglect; abuse; or incompetence to discharge parental
Dioscoro. Was the lower court correct?
responsibilities.
Held: No. In an adoption proceeding, the technical rules of pleading should not be stringently applied. It is
(e) "Abandoned child" refers to one who has no proper parental care or guardianship
deemed more important that the petition should give facts relating to the child & its parents, which may give
or whose parent(s) has deserted him/her for a period of at least 6 continuous months & has
information to those interested, than that it should be formally correct as a pleading. The declarations of
been judicially declared as such. [Note the difference in R.A. 9523 below]
Dioscoro & his subsequent confirmatory testimony in open court are sufficient to make him copetitioner.
(f) "Supervised trial custody" is a period of time within which a social worker
Punctiliousness in language should yield to & be eschewed in the higher considerations of substantial justice.
oversees the adjustment and emotional readiness of both adopter(s) and adoptee in stabilizing
The future of an innocent child must not be compromised by arbitrary insistence of rigid adherence to
their filial relationship.
procedural rules in the form of pleadings.
(g) "Department" refers to the Department of Social Welfare and Development.
(h) "Child-placing agency" is a duly licensed and accredited agency by the Department
to provide comprehensive child welfare services including, but not limited to, receiving
applications for adoption, evaluating the prospective adoptive parents, and preparing the
adoption home study.
(i) "Child-caring agency" is a duly licensed and accredited agency by the Department
that provides 24-hour residential care services for abandoned, orphaned, neglected, or
voluntarily committed children.

(j) "Simulation of birth" is the tampering of the civil registry making it appear in the
birth records that a certain child was born to a person who is not his/her biological mother,
Philosophy Behind Adoption
• Old tendency: benefits the parents, so they have the opportunity to have a child
• Present tendency: geared towards the promotion of the welfare of the child & the enhancement of his or her opportunities for a useful & happy life

social workers to the following:

Sec. 4. Counseling Services. –The Department shall provide the services of licensed

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(a) Biological Parent(s) – Counseling shall be provided to the parent(s) before and made to beg in the streets or public places; or when children are in moral danger, or
after the birth of his/her child. No binding commitment to an adoption plan shall be permitted exposed to gambling, prostitution, and other vices.
before the birth of his/her child. A period of 6 months shall be allowed for the biological (5) Child Legally Available for Adoption refers to a child in whose favor a certification was
parent(s) to reconsider any decision to relinquish his/her child for adoption before the issued by the DSWD that he/she is legally available for adoption after the fact of
decision becomes irrevocable. Counseling and rehabilitation services shall also be offered to abandonment or neglect has been proven through the submission of pertinent documents, or
the biological parent(s) after he/she has relinquished his/her child for adoption. one who was voluntarily committed by his/her parent(s) or legal guardian.
Steps shall be taken by the Department to ensure that no hurried decisions are made and all (6) Voluntarily Committed Child is one whose parent(s) or legal guardian knowingly and
alternatives for the child's future and the implications of each alternative have been provided. willingly relinquished parental authority to the DSWD or any duly accredited
(b) Prospective Adoptive Parent(s) – Counseling sessions, adoption fora and seminars, childplacement or child-caring agency or institution.
among others, shall be provided to prospective adoptive parent(s) to resolve possible adoption (7) Child-caring agency or institution refers to a private non-profit or government agency
issues and to prepare him/her for effective parenting. duly accredited by the DSWD that provides 24 hour residential care services for
(c) Prospective Adoptee – Counseling sessions shall be provided to ensure that he/she abandoned, neglected, or voluntarily committed children.
understands the nature and effects of adoption and is able to express his/her views on (8) Child-placing agency or institution refers to a private non-profit institution or
adoption in accordance with his/her age and level of maturity. government agency duly accredited by the DWSD that receives and processes applicants
to become foster or adoptive parents and facilitate placement of children eligible for
Search for Biological Parents foster care or adoption.
• The natural & biological parents of the child are always given the preference in the (9) Petitioner refers to the head or executive director of a licensed or accredited childcaring
custody of their own children or child-placing agency or institution managed by the government, local government
• Before adoption can proceed, the law requires that the child’s parents, if unknown, unit, non-governmental organization, or provincial, city, or municipal Social Welfare
must be located & that all reasonable means must be exhausted to look for them Development Officer who has actual custody of the minor and who files a certification to
declare such child legally available for adoption, or, if the child is under the custody of
Intermission: An Act Requiring Certification from the DSWD to Declare a any other individual, the agency or institution does so with the consent of the child's
Child “Legally Available for Adoption,” Amending the Domestic Adoption Act of 1998, custodian.
the Intercountry Adoption Act & P.D.603 [RA 9523] (10) Secretary refers to the Secretary of the DSWD or his duly authorized representative.
(Only relevant provisions are cited) (11) Conspicuous Place shall refer to a place frequented by the public, where by notice of the
petition shall be posted for information of any interested person.
Sec. 2 – Definition of Terms
(2) Child refers to a person below 18 years of age or a person over 18 years of age but (12) Social Case Study Report (SCSR) shall refer to a written report of the result of an
is unable to fully take care of him/herself or protect himself/herself from abuse, neglect, assessment conducted by a licensed social worker as to the social-cultural economic
cruelty, exploitation, or discrimination because of physical or mental disability or condition.40 condition, psychosocial background, current functioning and facts of abandonment or
neglect of the child. The report shall also state the efforts of social worker to locate the
(3) Abandoned Child refers to a child who has no proper parental care or guardianship,
child's biological parents/relatives.
or whose parent(s) have deserted him/her for a period of at least 3 continuous months, which
includes a founding.
Definition of a Child
(4) Neglected Child refers to a child whose basic needs have been deliberately
• Person below 18 years of age, or
unattended or inadequately attended within a period of 3 continuous months. Neglect may
occur in 2 ways: • Person over 18 years of age but is unable to fully take care of himself or protect himself
(a) There is physical neglect when the child is malnourished, ill-clad, and without proper from abuse, neglect, cruelty, exploitation or discrimination because of physical or
shelter. A child is unattended when left by himself/herself without proper provisions mental disability or condition
and/or without proper supervision.
(b) There is emotional neglect when the child is maltreated, raped, seduced, exploited, Consent of Parents
overworked, or made to work under conditions not conducive to good health; or is
40 Relevant Note: This is the definition of children that ma’am told us to search for

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Sec. 3. Petition. – The petition shall be in the form of an affidavit, subscribed and sworn to committed a child may recover legal custody and parental authority over him/her from the
before any person authorized by law to administer oaths. It shall contain facts necessary to agency or institution to which such child was voluntarily committed when it is shown to the
establish the merits of the petition and shall state the circumstances surrounding the satisfaction
Sec. of the DSWD
8. Certification. – Thethat the parent(s)
certification that aorchild
legalisguardian is in a position
legally available to adequately
for adoption shall be
abandonment or neglect of the child. The petition shall be supported by the following providebyfor
issued thethe needsinof
DSWD lieutheof child: Provided,
a judicial That,
order, thus the petition
making forprocess
the entire restoration is filed 3
administrative
documents: months
in after the signing of the Deed of Voluntary Commitment.
nature.
(1) Social Case Study Report made by the DSWD, local government unit, licensed or The certification, shall be, for all intents and purposes, the primary evidence that the child is
accredited child-caring or child-placing agency or institution charged with the custody of the legally available in a domestic adoption proceeding, as provided in RA No. 8552
child; & in an inter-country adoption proceeding, as provided in RA No. 8043.
(2) Proof that efforts were made to locate the parent(s) or any known relatives of the
Regular Programming: Domestic Adoption Act of 1998
child. The following shall be considered sufficient:
(a) Written certification from a local or national radio or television station that the case
was aired on 3 different occasions;
(b) Publication in 1 newspaper of general circulation;
(c) Police report or barangay certification from the locality where the child was found or
a certified copy of a tracing report issued by the Philippine National Red Cross
(PNRC), National Headquarters (NHQ), Social Service Division, which states that
despite due diligence, the child's parents could not be found; and
(d) Returned registered mail to the last known address of the parent(s) or known Sec. 4.
relatives, if any. Procedure
(3) Birth certificate, if available; and The
(4) Recent photograph of the child and photograph of the child upon abandonment or Regional
admission to the agency or institution. Director
shall
examine the petition and its supporting documents, if sufficient in form and substance and shall authorize
the posting of the notice of the petition conspicuous place for 5 consecutive days in the locality where the
child was found.
The Regional Director shall act on the same and shall render a recommendation not later than 5 working
days after the completion of its posting. He/she shall transmit a copy of his/her recommendation and
records to the Office of the Secretary within 48 hours from the date of the recommendation.

Sec. 5. Declaration of Availability for Adoption. – Upon finding merit in the petition, the Secretary shall
issue a certification declaring the child legally available for adoption within 7 working days from receipt
of the recommendation.
Said certification, by itself shall be the sole basis for the immediate issuance by the local civil registrar of a
foundling certificate. Within 7 working days, the local civil registrar shall transmit the founding certificate
to the National Statistic Office (NSO).

Sec. 7. Declaration of Availability for Adoption of Involuntarily Committed Child and Voluntarily
Committed Child. – The certificate declaring a child legally available for adoption in case of an
involuntarily committed child under Article 141, par. 4(a) and Article 142 of PD No. 603 shall be issued
by the DSWD within 3 months following such involuntary commitment.
In case of voluntary commitment as contemplated in Article 154 of PD No. 603, the certification declaring
the child legally available for adoption shall be issued by the Secretary within 3 months following the
filing of the Deed of Voluntary Commitment, as signed by the parent(s) with the DSWD.
Upon petition filed with the DSWD, the parent(s) or legal guardian who voluntarily

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 •
Sec. 7. Who May Adopt. – The following may adopt: • Conviction is necessary to exclude a possible adopter

(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal Aliens
rights, of good moral character, has not been convicted of any crime involving moral • Aliens, whether resident or non-resident, can generally adopt as long as they have
turpitude, emotionally and psychologically capable of caring for children, at least 16 years the qualifications possessed by a Filipino national to adopt
older than the adoptee, and who is in a position to support and care for his/her children in There are, however, additional conditions:
keeping with the means of the family. The requirement of 16 year difference between the age 1) His country has diplomatic relations with the Republic of the Philippines
of the adopter and adoptee may be waived when the adopter is the biological parent of the 2) He has been living in the Philippines for 3 continuous years prior to the filing
adoptee, or is the spouse of the adoptee's parent; of the application for adoption & maintains such residence until the adoption
decree is entered
(b) Any alien possessing the same qualifications as above stated for Filipino nationals:
3) He has been certified by his diplomatic or consular office or any appropriate
Provided, That his/her country has diplomatic relations with the Republic of the Philippines,
government agency that he has the legal capacity to adopt in his country, & the
that he/she has been living in the Philippines for at least 3 continuous years prior to the filing
government allows the adoptee to enter his country as his adopted son or
of the application for adoption and maintains such residence until the adoption decree is
daughter
entered, that he/she has been certified by his/her diplomatic or consular office or any
• Certificate of residency & certificate of eligibility requirements may be waived if
appropriate government agency that he/she has the legal capacity to adopt in his/her country,
the alien who intends to adopt is either of the ff.:
and that his/her government allows the adoptee to enter his/her country as his/her adopted
1) A former Filipino citizen who seeks to adopt a relative within the 4 th civil
son/daughter: Provided, Further, That the requirements on residency and certification of the
degree of consanguinity or affinity
alien's qualification to adopt in his/her country may be waived for the following:
2) One who seeks to adopt the legitimate the son/daughter of his Filipino spouse
(i) A former Filipino citizen who seeks to adopt a relative within the 4th degree of
3) One who is married to a Filipino citizen & seeks to adopt jointly with his
consanguinity or affinity; or
spouse a relative within the 4th civil degree of consanguinity or affinity of the
(ii) One who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or
Philippine spouse
(iii) One who is married to a Filipino citizen and seeks to adopt jointly with his/her
spouse a relative within the 4th degree of consanguinity or affinity of the Filipino
Joint Adoption of Husband & Wife
spouse; or
• Mandated by law for family harmony
(c) The guardian with respect to the ward after the termination of the guardianship and • BUT there are exceptions to the rule; for example, a husband may choose to adopt
clearance of his/her financial accountabilities. his illegitimate child, though not jointly

Husband and wife shall jointly adopt, except in the following cases: CLASS DISCUSSION
(i) If one spouse seeks to adopt the legitimate son/daughter of the other; or Q: Can you adopt your older sister or brother?
(ii) If one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, A: No. You can only adopt your younger siblings.
However, that the other spouse has signified his/her consent thereto; or (iii) If the
spouses are legally separated from each other. Sec. 8. Who May Be Adopted. – The following may be adopted:
In case husband and wife jointly adopt, or one spouse adopts the illegitimate son/daughter of (a) Any person below 18 years of age who has been administratively or judicially declared
the other, joint parental authority shall be exercised by the spouses. available for adoption;
(b) The legitimate son/daughter of one spouse by the other spouse;
Qualifications (c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of
• Relatives by blood or affinity are not excluded from adopting one another legitimacy;
• A sister can adopt a brother, a stepfather can adopt a stepchild, etc. (d) A person of legal age if, prior to the adoption, said person has been consistently
• Adoption tries to approximate natural filiation as much as possible, but it is still the considered and treated by the adopter(s) as his/her own child since minority;
best interest of the child or the one to be adopted which is the principal (e) A child whose adoption has been previously rescinded; or
consideration

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(f) A child whose biological or adoptive has died: Provided, That no proceedings shall be Written consent of the BIOLOGICAL parent is needed. Also, the legal father (adopter)’s
initiated within 6 months from the time of death of said parents. consent is needed.

Who May Be Adopted

• Situations when someone who is not a minor can be adopted: Sec. 13. Decree of Adoption. – If, after the publication of the order of hearing has been
o When the child adopted is the illegitimate child of the adopter o complied with, and no opposition has been interposed to the petition, and after consideration
When the child to be adopted is the legitimate child of his spouse o De of the case studies, the qualifications of the adopter(s), trial custody report and the evidence
facto adoption - When the child is consistently treated as a child of the adopted submitted, the court is convinced that the petitioners are qualified to adopt, and that the
during minority adoption would redound to the best interest of the adoptee, a decree of adoption shall be
entered which shall be effective as of the date the original petition was filed. This provision
Sec. 9. Whose Consent is Necessary to the Adoption. – After being properly counseled and shall also apply in case the petitioner(s) dies before the issuance of the decree of adoption to
informed of his/her right to give or withhold his/her approval of the adoption, the written protect the interest of the adoptee. The decree shall state the name by which the child is to be
consent of the following to the adoption is hereby required: known.
(a) The adoptee, if 10 years of age or over;
(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper Effectivity of Adoption Decree
government instrumentality which has legal custody of the child; • The adoption decree is considered effective from the date of the original petition of
(c) The legitimate and adopted sons/daughters, 10 years of age or over, of the adopter(s) and adoption was filed o NOT when the decree became final
adoptee, if any; • However, if the child to be adopted murders someone during the proceedings for
(d) The illegitimate sons/daughters, 10 years of age or over, of the adopter if living with said adoption, while the child still lives with his biological parents, the biological
adopter and the latter's spouse, if any; and (e) The spouse, if any, of the person adopting or parents are the ones who pay due to the principle of vicarious liability
to be adopted.
Registration
Written Consent • It is the duty of the interested parties or petitioners to register the adoption decree in
• Mandatory written consent of biological parents, as well as others o Consent of the LCR of the municipality where the decree was issued
parents to the adoption is not an absolute requisite • The LCR of the place where the birth certificate was issued must also be sent a
§ If the natural parents have abandoned their children, consent by copy
the guardian ad litem & the proper government
agency suffices Sec. 16. Parental Authority. – Except in cases where the biological parent is the spouse of the
§ Abandonment – total cessation of all parental duties adopter, all legal ties between the biological parent(s) & the adoptee shall be severed and the
• A period of 6 months is given for the biological parent to reconsider permission to same shall then be vested on the adopter(s).
adopt, but after this, the decision becomes irrevocable
• Parent has to be properly counseled before the adoption decree can be given Severance of Legal Ties
• Right to parental authority is purely personal
CLASS DISCUSSION • Cannot be waived or renounced except in the cases provided by law – like adoption
Q: Can you adopt a person who is married? • All legal ties between the natural parents & the adoptee are terminated o
A: Yes. Though as a general rule, only a minor may be adopted, there are cases where those Exception: when the biological parent is the spouse of the adopter
of majority age may be adopted, provided that he qualifies based on statutory requirements. § Both parents will exercise joint parental authority over their
This is proven by Section 9 (e). Q: Should the consent be in an affidavit form? common children
A: It need not be. But by practice, courts ask for an affidavit form of written consent. But in
that one particular case, Aranzanso, it was not in affidavit form. It was not required in the M: The biological authority of the parent is terminated, but also, ALL legal ties between the
law. And in the same case, it was held that the one who executes the affidavit need not …. biological parent & the adoptee shall be severed & the same shall then be vested on the
Testify?! Something like that, read original [read case, in the book! But it’s not complete] adopter. This includes succession, in the opinion of M, except in testate succession.

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 •
o In adoption, however, the relationship between adopted & adopting parents
Sec. 17. Legitimacy. – The adoptee shall be considered the legitimate son/daughter of the is made by law & not by blood; thus, no right of representation vests
adopter(s) for all intents & purposes and as such is entitled to all the rights & obligations upon the adopted child
provided by law to legitimate sons/daughters born to them without discrimination of any
kind. To this end, the adoptee is entitled to love, guidance, and support in keeping with the Testate Succession
means of the family. • If the adoptee & his biological parents had left a will, the law on testamentary
succession shall govern
Effects of Adoption • The adoptee has the same rights as the legitimate child o If an adoptee concurs with
• Parental authority of natural parents is dissolved o It becomes the adopter, for an illegitimate child, the illegitimate child gets ½ of what the adoptee gets
example, who must give their consent to the marriage of an adopted child between • If the adoptee leaves a will & specifies his biological parents, the free portion of the
18-21 years old will can be given to the biological parents
o Upon the death of the adoptive parents, no rights or duties are reestablished • But the adopting parents are the ones who are compulsory heirs; the biological
with the natural parents parents are not compulsory heirs
• Relations established by adoption is limited to the adopting parents & does not
extend to the other relatives, except as expressly provided by law M: Succession is a purely statutory concept also. Ineffective disinheritance can be applied to
o The relationship is only one of parent & child an adopted child, and also preterition. But an adopted child has no right of representation.
o The adopted child is not related to the ascendants, descendants or collateral
relatives of the adopter Sec. 20. Effects of Rescission. – If the petition is granted, the parental authority of the
o Neither is the child of the adopted considered the descendant of the adopted adoptee's biological parent(s), if known, or the legal custody of the Department shall be
(i.e. if the adopted child has a child too, the law does not presume that the restored if the adoptee is still a minor or incapacitated. The reciprocal rights and obligations
child is the grandchild of the adoptive parents) of the adopter(s) and the adoptee to each other shall be extinguished. The court shall order the
Civil Registrar to cancel the amended certificate of birth of the adoptee and restore his/her
Sec. 18. Succession. – In legal and intestate succession, the adopter(s) and the adoptee shall original birth certificate.
have reciprocal rights of succession without distinction from legitimate filiation. However, if Succession rights shall revert to its status prior to adoption, but only as of the date of
the adoptee and his/her biological parent(s) had left a will, the law on testamentary succession judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be
shall govern. respected.
All the foregoing effects of rescission of adoption shall be without prejudice to the penalties
Legal or Intestate Succession imposable under the Penal Code if the criminal acts are properly proven.
• An adopted child is an intestate heir of the adopter, along with the legitimate,
legitimated & illegitimate children of the said adopter Inter-country Adoption of 1995 [RA 8043] – Dec. 26 1995
• The adopter & the adoptee are mutually legal or intestate heirs of each other o If
the adopter is survived only by his adoptee, the latter gets the whole of the estate of Background
the deceased Socio-legal process of adopting a Filipino child by a foreign national or a Filipino
• Biological parents will not get anything from the adopted child, because all legal citizen permanently residing abroad when the petition for adoption is filed, the
ties are severed between them supervised trial custody is undertaken, & the decree of adoption is issued in the
foreign country where the applicant resides, thereby creating a permanent parent-
Right of Representation child relationship between the child & the adoptive parents
• The adopted child does not have the right of representation in the law of succession
• Right of representation - In the event that his father dies, a legitimate son has a right Sec. 3. Definition of Terms. — As used in this Act. The term:
of representation to inherit from his grandfather o This right stems from his blood (a) Inter-country adoption refers to the socio-legal process of adopting a Filipino child by a
relation with his grandfather, not with his father foreigner or a Filipino citizen permanently residing abroad where the petition is filed, the

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 supervised trial custody is undertaken, and the decree of adoption is issued outside the
Philippines. Sec. 7. Inter-Country Adoption as the Last Resort. — The Board shall ensure that all
(b) Child means a person below 15 years of age unless sooner emancipated by law. possibilities for adoption of the child under the Family Code have been exhausted and that
(c) Department refers to the DSWD of the Republic of the Philippines. inter-country adoption is in the best interest of the child. Towards this end, the Board shall
(d) Secretary refers to the Secretary of the DSWD. set up the guidelines to ensure that steps will be taken to place the child in the Philippines
(e) Authorized and accredited agency refers to the State welfare agency or a licensed before the child is placed for inter-country adoption: Provided, however, That the maximum
adoption agency the country of the adopting parents which provide comprehensive social number that may be allowed for foreign adoption shall not exceed 600 a year for the first 5
services and which is duly recognized by the Department. years.
(f) Legally-free child means a child who has been voluntarily or involuntarily committed to
the Department, in accordance with the Child and Youth Welfare Code.
(g) Matching refers to the judicious pairing of the adoptive child and the applicant to promote Sec. 8. Who May be Adopted. — Only a legally free child may be the subject of intercountry
a mutually satisfying parent-child relationship (h) Board refers to the Inter-country adoption. In order that such child may be considered for placement, the following documents
Adoption Board. must be submitted to the Board:
(a) Child study;
M: Remember that there is a difference between Inter-country adoption & domestic adoption (b) Birth certificate/foundling certificate;
law. The threshold age for inter-country adoption is 15 years old. Hence, a 16year-old cannot (c) Deed of voluntary commitment/decree of abandonment/death certificate of parents;
be adopted under the Inter-country Adoption Law. (d) Medical evaluation/history;
(e) Psychological evaluation, as necessary; and (f)
Sec. 4. The Inter-Country Adoption Board. — There is hereby created the Inter-Country Recent photo of the child.
Adoption Board, hereinafter referred to as the Board to act as the central authority in matters
relating to inter-country adoption. It shall act as the policy-making body for purposes of Qualified Children
carrying out the provisions of this Act, in consultation and coordination with the Department, • Any child who has been voluntarily or involuntarily committed to the DSWD as
the different child-care and placement agencies, adoptive agencies as well as non- dependent, abandoned or neglected o In case the child is voluntarily committed, the
governmental organizations engaged in child-care and placement activities. physical transfer of the child shall not be made earlier than 6 months from the date
As such, it shall: the Deed of Voluntary Commitment was executed by the child’s biological parents
(a) Protect the Filipino child from abuse, exploitation, trafficking and/or sale or any • Important note: the child here as defined as one who is below 15 years of age
other practice in connection with adoption which is harmful, detrimental, or prejudicial to the (as opposed to the Domestic Adoption Act)
child;
(b) Collect, maintain, and preserve confidential information about the child and the Sec. 9. Who May Adopt. — An alien or a Filipino citizen permanently residing abroad may
adoptive parents; file an application for inter-country adoption of a Filipino child if he/she:
(c) Monitor, follow up, and facilitate completion of adoption of the child through (a) is at least 27 years of age and at least 16 years older than the child to be adopted, at the
authorized and accredited agency; time of application unless the adopter is the parent by nature of the child to be adopted or
(d) Prevent improper financial or other gain in connection with an adoption and deter the spouse of such parent:
improper practices contrary to this Act; (b) if married, his/her spouse must jointly file for the adoption;
(e) Promote the development of adoption services including post-legal adoption; (f) (c) has the capacity to act and assume all rights and responsibilities of parental authority
License and accredit child-caring/placement agencies and collaborate with them in the under his national laws, and has undergone the appropriate counseling from an accredited
placement of Filipino children; counselor in his/her country;
(g) Accredit and authorize foreign adoption agency in the placement of Filipino (d) has not been convicted of a crime involving moral turpitude;
children in their own country; and (e) is eligible to adopt under his/her national law;
(h) Cancel the license to operate and blacklist the child-caring and placement agency (f) is in a position to provide the proper care and support and to give the necessary moral
or adoptive agency involved from the accreditation list of the Board upon a finding of values and example to all his children, including the child to be adopted; (g) agrees to
violation of any provision under this Act. uphold the basic rights of the child as embodied under Philippine laws, the U.N.

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 •
Convention on the Rights of the Child, and to abide by the rules and regulations issued to 2. Capacity of the giver
implement the provisions of this Act; 3. The probable outcome of the case
(h) comes from a country with whom the Philippines has diplomatic relations and
whose government maintains a similarly authorized and accredited agency and that adoption Q: A filed a case for nullity against B. B resisted the nullity case. B counterclaimed for
is allowed under his/her national laws; and support. B proved capacity of A & B proved her needs. A gave only one evidence –
(i) possesses all the qualifications and none of the disqualifications provided herein certification from LCR that there is no marriage license. Should support pendente lite be
and in other applicable Philippine laws. given?
A: NO. The evidence presented by A shows the probability of the outcome of the case – the
probability is that the marriage will be terminated due to lack of a marriage license.

Qualified Adopters Support is always provisional in character. It does not become permanent. It can be changed
• If a married person is to adopt, the rules clarify that he shall file jointly with his anytime.
spouse, if any, who shall have the same qualifications & none of the Motion to Enhance Support – the motion for increasing support as the need arises
disqualifications to adopt as prescribed in the rules
(Lin-Lua v. Lua, 2013)
Sec. 11. Family Selection/Matching — No child shall be matched to a foreign adoptive family Q: A & B married. They have a child. The court ordered support amounting to P15,000 to be
unless it is satisfactorily shown that the child cannot be adopted locally. The clearance, as given to the child. But A is a good person. Whenever he is a child; aside from the P15,000, A
issued by the Board, with the copy of the minutes of the meetings, shall form part of the gives the child more money, cars, valuables, etc. B thus filed a motion for enhancement of
records of the child to be adopted. When the Board is ready to transmit the Placement support. A said that he wants everything he has already given to be credited to the enhanced
Authority to the authorized and accredited inter-country adoption agency and all the travel support.
documents of the child are ready, the adoptive parents, or any one of them, shall personally A: There can be no crediting whatever has already been given in excess of the P15,000. But
fetch the child in the Philippines. at the same time, SC said that only the necessary expenses can be credited (such as
toothpaste, toothbrush). But the car, etc. are not to be credited.
Matching
• The judicious pairing of the applicant & the child to promote a mutually satisfying Q: From whom must you ask support?
parent-child relationship A: From the spouse. Then, if the spouse cannot give support, from the children. If the
children cannot give support, from the ascendants & the descendants.
TITLE VIII. – SUPPORT
Support
Art. 194. Support comprises everything indispensible for sustenance, dwelling, clothing, • General rule: support includes whatever is necessary to keep a person alive o The
medical attendance, education & transportation in keeping with the financial capacity of the key term is “indispensible”
family. • “In keeping with the financial position of the family” o Determines the amount
The education of the person entitled to be supported referred to in the preceding paragraph of support to be given
shall include his schooling or training for some profession, trade or vocation, even beyond the • Natural support – basic necessities
age of majority. • Civil support – Anything beyond the basic necessities
Transportation shall include expenses in going to & from school, or to & from place of work. • 2nd par. of Art. 194 o “Schooling” refers to formal education o
“Training” refers to non-formal education
This Chapter of Support is the support taken from the SEPARATE PROPERTY of the
spouses. Recall that generally, ACP/CPG will support family funds. Art. 195. Subject to the provisions of the succeeding articles, the ff. are obliged to support
each other to the whole extent set forth in the preceding article:
Pendente Lite (Based on preliminary basis; could be affidavits) – Three Things to Prove 1) The spouses;
1. Need of recipient 2) Legitimate ascendants & descendants;

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 3) Parents & their legitimate children & the legitimate & illegitimate children of the o SC held that the wife is entitled to support, as a husband cannot, by his own
latter; wrongful acts, relieve himself from the duty to support his wife imposed
4) Parents & their illegitimate children & the legitimate & illegitimate children of the by law; and where a husband by wrongful, illegal and unbearable
latter; & conduct, drives his wife from the domicile fixed by him, he cannot take
5) Legitimate brothers & sisters, whether of full or half-blood. advantage of her departure to abrogate the law
• Valid Reasons for NOT Giving Support o It has been held that the adultery of the
Class Notes wife is a valid defense against an action for support
• Art. 195 (2) & (3), phrased in an easier way o Parents & their children, whether o A spouse who leaves the conjugal home or refuses to live therein, without
legitimate or illegitimate o Grandparents & their grandchildren, whether just cause, shall not have the right to be supported from the ACP/CPG
legitimate or illegitimate (Art. 100 & 127, FC)
§ Thus, one is entitled to support from one’s illegitimate • In a case for support where the VALIDITY OF THE MARRIAGE is in issue, the
grandchildren & vice versa aggrieved party cannot be given support pendente lite without due hearing o Prior
• Illegitimate siblings are not contemplated in Art. 195 (4) to the rendition of final judgment, nothing exists except the allegation of a marriage
• An unborn child is also entitled to support; whether or not the child is born is & denial thereof (Yangco v. Rohde)
irrelevant • Pending litigation for legal separation or annulment o Spouses shall be
supported from ACP/CPG
Mandatory Nature o Art. 198, FC – In cases of legal separation, the court may order the guilty
• Support is a mandatory obligation o Cannot be waived, renounced, transmitted spouse to support the innocent one, even after the separation has been
or compensated o Most sacred & important of all obligations imposed by law decreed
• Art. 2035, CC: No compromise shall be valid upon the question of future support • Once a marriage is nullified/annulled, the obligation to give support ceases
CASE: De Asis v. CA – A mother in a previous support-case said that it would be • In legal separation, support likewise ceases unless the court orders the guilty spouse
useless to claim further support for her son from the defendant who denied to support the innocent spouse
paternity. She thus agreed to the dismissal of the case, provided that the defendant
did not pursue a counter-claim. Between Ascendants & Descendants
o SC: Such manifestation does not bar the mother from filing a subsequent • All members of the family in the direct legitimate ascending & descending are
case for support on behalf of the child against the same defendant. The obligated to support each other
agreement for the dismissal of the case was in the form of a compromise, • If the relationship between the one to be supported & the one to support is in issue,
which cannot be countenanced by law, as it goes against the right to the status of the parties should be established first before support can be made o
future support. Example: If a minor son, through his guardian, brings an action claim a certain man
o If paternity is at issue, its existence or absence must be judicially is his father, the fact that said man is the father must first be proven before support
established & cannot be left to the will or agreement of the parties can be mandated
o There is no law or reason which authorizes the granting of support to a
Between Spouses person who claims to be a son in the same manner as to a person
• The duty to support & the right to be supported presuppose a VALID marriage who establishes by legal proof that he is such a son
between the parties o Fact of valid marriage gives rise to the duty of mutual support § In the latter case, the legal evidence raises a presumption of
• Even when there is a legal separation, the spouses may still be mandated to give law, while in the former there is no presumption
support § If there is nothing but mere allegation, a fact in issue & no final
• CASE: Dadivas de Villanueva v. Villanueva – A man kept cheating on his wife, judgment, no support can be given (Francisco v. Zandueta)
until his wife finally left him. She then made a demand for support in court. The • Valid defense to refuse support by a husband to a child in claiming support:
husband claimed that she was not entitled to his support, as she had left their o That such child is the fruit of an adulterous relationship, for in such case, it
conjugal home. would not be the child of the person from whom support is sought

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 •
Between Parents & their Legitimate Children & the Legitimate & Illegitimate Children of the
Latter Art. 197. For the support of legitimate ascendants; descendants, whether legitimately or
• Parents are obliged to support their children & grandchildren whether legitimately illegitimately related, only the separate property of the person obliged to give support shall be
or illegitimately related & vice versa answerable provided that in case the obligor has no separate property, the ACP/CPG, if
• However, the persons obliged to support each other are limited from the financially capable, shall advance the support, which shall be deducted from the share of the
grandparents to the grandchildren only & vice versa spouse obliged upon the liquidation of the ACP/CPG.

Between Parents & their Illegitimate Children & the Legitimate & Illegitimate Children of Class Notes (A)
the Latter • Support will come from the separate property of obliged individual, even if said
• Parents are obliged to support their illegitimate children or grandchildren, whether individual is married o If there is a COMPLETE ABSENCE of separate
or not legitimately or illegitimately related to their illegitimate children & vice property & it is a parent or sibling that must be supported, it can be advanced by the
versa ACP
• Limited from grandparents to grandchildren only & vice versa o If the one entitled to support is an illegitimate child & there is only
• If in a hearing for support pendent lite, the status of the child is at issue, the alleged INSUFFICIENCY of funds of separate property, the amount can also be
child can get support in the meantime while the case is pending from the alleged advanced by the ACP
parent if his status has been provisionally proven o That means there is prima facie Source
evidence, such as the affidavit of the claimant-child & testimonies of witnesses, to • Art. 195: Support is personally owned to each other o It is to be taken from the
show merit of the claim of the child separate property of the person obliged to give support
o However, finding is merely provisional; still subject to the final outcome of • Art. 94[1] & 121[1]: The ACP/CPG will be principally charged for support if:
the trial on the merits (2) If legitimate descendants are the common children of the spouses or (3) The
• CASE: Quiminguing v. Icao – Even an unborn child is given by law a provisional legitimate children of either spouse
personality for all purposes favorable to it, as provided in the Civil Code o Has a *Different from the personal support owing to them from the father or mother as
right to support from its progenitors provided in Art. 195 or 197
o NOT dependent on whether or not the child is born o Because the law does not so provide, the ACP/CPG of a child with his
spouse is not principally liable to support his parents
Between Legitimate Brothers & Sisters, Whether Full or Half-Blood • ACP/CPG, if financially capable, shall advance the support, which shall be
• The collateral blood relatives that are obligated to support each other are LIMITED deducted from the share of the spouse obliged upon liquidation IF there is no
to legitimate brothers & sisters, whether full or half-blood separate property of the obligor o Generally, there must be NO separate property
• Not obliged: o Uncles & aunts available
o Nieces & nephews • Insofar as illegitimate children of either spouse are concerned, the mere
insufficiency of the separate property is enough to make ACP liable in the
Art. 196. Brothers & sisters not legitimately related, whether of the full or half-blood, are meantime (Art. 94[9]) o But if the regime is CPG, the regime can in the meantime
likewise bound to support each other to the full extent set forth in Art. 194, except only when be held liable if the responsibilities enumerated in Art. 121 have been covered &
the need for support of the brother & sister, being of age, is due to a cause imputable to the there is at least insufficiency of the separate property of the spouse called upon to
claimant’s fault or negligence. make the support (Art. 122)

Illegitimate Brothers & Sisters

• There is also an obligation to support illegitimate brothers & sisters
• HOWEVER, support does not become a demandable right & need not be given at
all if an illegitimate brother or sister is:
1) Already of legal age &
2) The need for his support is due to his fault or negligence

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 Who Are Entitled What Can Be Liable Insufficiency/Absence
Legitimate Children of both ACP/CPG is principally liable If ACP/CPG is
or either spouse & common insufficient, separate
children of the spouses property of spouses is
liable
Illegitimate children of either Separate property isIf separate property of
spouse principally liable; spouses is insufficient,
ACP can advance the support; the spouses can use
CPG can be held liable if the ACP/CPG
responsibilities in Art. 121 are
covered
Parents & siblings Separate property is principally There must be a
liable; ACP/CPG can advance complete absence of
support, but only if there is separate property on the
complete absence of separate part of the obligorspouse
property
o Court fixes the amount of money to be provisionally paid if the
application is granted & fixes the amount based on the necessity of the
applicant & the means of the adverse party
§ If the adverse party fails to give the court-mandated support, any
3rd party who furnishes the support to the applicant may, after
due notice & hearing in the same, obtain a writ of execution to
enforce his right of reimbursement against the person ordered
to provide such support
o Restitution – When the judgment of the court finds that the person who has
been providing support pendente lite is not actually liable, it shall order
the recipient thereof to return the former with legal
interest from the dates of actual payment
§ The original applicant can still file an action against others who
must give her support
• Valid reasons to withhold support:

o o

Art. 198. During the proceedings for legal separation or for annulment of marriage, & for
declaration of nullity of marriage, the spouses & their children shall be supported from the
properties of the ACP/CPG. After final judgment granting the petition, the obligation of
mutual support between spouses ceases. However, in case of legal separation, the court may
order that the guilty spouse shall give support to the innocent one, specifying the terms of
such order.

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Support Pendente Lite adulterous act of the spouse is a
• Pendente lite – support pending litigation o defense to successfully resist
Recall: If the party is in bad faith, he is not giving support pendente lite.
entitled to net profits The wife claims that there is a
• Support under this chapter is difference & she is entitled to
PRINCIPALLY obtained from the separate support from the CPG, even if
property of the spouse from who support is she is not entitled to her
sought o HOWEVER, pending litigation, husband’s exclusive funds
support for the spouses & the kids shall be § SC held that there is
drawn from ACP/CPG no difference between
o Take note: in a taking from the
nullity case, husband’s exclusive
spouse cannot funds & the CPG if it
demand support has been provisionally
from separate proven that the legal
property of separation case will
other spouse not prosper

Art. 199. When 2 or more persons are obliged to give support, the liability shall devolve upon
the ff. persons in the order herein provided:
1) The spouse;
2) The descendants in the nearest degree;
3) The ascendants in the nearest degree; &
4) The brothers & sisters
CLASS SCENARIO (A)
Adultery of a wife; however, the adultery must be
supported by competent evidence
§ Mere allegation that the wife committed
adultery will not bar her from the right to
recover support pendente lite
§ It is enough, however, that an affidavit or
other documentary evidence appear on
record for the court to make a judgment on
whether or not support pending litigation
should be given
• Not necessary to go into the full
merits of a case CASE: Lerma v. CA – The wife,
who was convicted of adultery in CFI, filed a case
against her husband for legal separation in CA.
During the pendency of the suit, she invoked Art.
198 of FC. The husband claimed that such

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 § Law does not grant support to a petitioner in only in the
bad faith absence,
A files a legal separation case. If A is the one guilty of adultery, there is no case because A is
the one guilty of adultery. Thus there is no entitlement to pendente lite because the legal
separation case will likely be dismissed.

Support Pendente Lite

• ACP/CPG is primarily source for the support of the spouses & the children during the
pendency of annulment, nullification & legal separation cases Art. 200. When the obligation to give support falls under 2 or more persons, the payment of
• Rule 61 of the 1997 Rules of Civil Procedure provides how support pendente lite can be the same shall be divided between them in proportion to the resources of each.
obtained: However, in case of urgent need & by special circumstances, the judge may order only 1 of
o When to apply – at the commencement of the proper action, or at any them to furnish the support provisionally, without prejudice to his right to claim from the
time prior to the judgment or final order o Adverse party has 5 days to other obligors the share due from them.
comment, & hearing is set 3 days after When 2 or more recipients at the same time claim support from one & the same person
legally obliged to give it, should the latter not have sufficient means to satisfy all claims, the
order established in the preceding article shall be followed, unless the concurrent
obliges should be the spouse & a child subject to failure or
parental authority, in which case the child shall be refusal to
preferred. give support
by the
descendants
Class Notes (A)
in the
• If the child is a minor, the order is
nearest
reversed, & the parent must give support to
degree
the minor child before giving support to
• CASE: Mangonon v.
the spouse
CA – SC ordered the
• Basis: Capacity of giver + necessity for the
grandfather, who was
one needing the support o Must always
well-off, to support
be considered
his grandkids, on the
• When the court orders that one party needs
basis of Art. 199,
to be supported by 2 persons, one can
considering that the
advance the share of the other if the latter
parents were not
cannot currently afford to pay
capable of giving
support.
Order of Priority
• The law sets the order of the persons upon
Art. 201. The amount of
whom the liability of giving support
support, in the cases referred to
devolves o In the presence of the spouse,
in Art. 195 & 196, shall be in
the descendants in the nearest degree are
proportion to the resources or
not obliged to give support
means of the giver & to the
o Ascendants in the nearest degree
necessities of the recipient.
shall be obliged to give support

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Art. 202. Support in the cases referred to in the pendente lite. Danilo was
preceding article shall be reduced or increased ordered to pay monthly support,
proportionately, according to the reduction or but upon surrendering a tranche
increase of the necessities of the recipient & the of the monthly support, argued
resources or means of the person obliged to furnish that the following should be
the same. credited & allowed as
deductions from the support
Evolving Capacity of Needs that he gave: the purchase &
• Custody & support is never final maintenance of 2 expensive
• Support can be increased by mere motion cars, payment of tuition fees,
to increase support travel expenses, & credit card
expenditures for groceries,
Proportionality among others, that all benefited
• Law is not unreasonable as to contemplate Susan & their two kids. Susan
a situation where the one giving the argued, however, that it would
support shall be compelled to do be erroneous to allow Danilo to
something to the detriment of his own deduct from monthly support
existence the value & maintenance cost of
• Support must be based on o The the 2 expensive cars.
necessities of the recipient & Held: The purchase &
o The resource or means of the maintenance of the 2 expensive
person obliged to furnish support cars & the travel expenses, &
• CASE: Vinluan v. CA – Where the credit card expenditures not
aggregate annual income of the CPG was related to the sustenance &
only P3,000 & the wife, in her complaint, basic living expenses of Susan
prayed for no more than P200 monthly & the 2 kids should not be
allowance, SC held that an award granting credited as support. While
P1,000 was clearly excessive. Danilo’s generosity to his
• CASE: Baltazar v. Serfino – SC will also children is commendable, these
increase support if it is shown that the one are considered his voluntary
paying the support has multiple sources of gifts, made of his own accord.
income & can thus afford to give more The lower courts had required
support. him to give support to the
family for their basic living
CASE: Lim-Lua v. Lua expenses & sustenance,
This case explains creditable deductions; the including medical expenses of
amount of support those related to each other by Susan, food, education, etc. it is
marriage & family relationship are generally this these expenses that can be
obliged to give each other shall be in proportion to credited to the support Danilo
the means of the giver & the needs of the recipient. must give to Susan & the 2
kids.
Facts: Susan filed an action for JDNOM against her
husband, Danilo. She also prayed for support

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Provisional Character of Support Judgment
• Judgment for support does not become Q: A & B are married. They
final o Changing needs of the recipient & have children, but they
changing ability of the provider can bring separated. There is no nullity of
about modification or alteration marriage. B began to work
o May be modified for sufficient reasons abroad as a OFW. But B could
upon application to the court not afford it anymore, so B filed
§ There must be a need that a case against A for support, as
arose, though, for only well as X & Y.
then does the one A: SC held that there is proof
making the demand that A does not have any
have a cause of action money. The next person from
• The right to ask for support is demandable whom to ask for support is the
from the date in which the one being ascendants. So it was correct to
supported was in need of the same o ask from grandparents.
Payable from date of judicial or Q: But B was also asking for
extrajudicial demand support for arrears for all those
• If the petitioners’ right to support has years that A, X, & Y did not
already been recognized by the court, an give support. In the Civil Code,
order of dismissal of the action for support there is a provision on support
on some other grounds cannot be with in arrears; the Family Code
prejudice, as this would deprive the does not state it.
petitioner the right to present & future A: SC also allowed the support
support in arrears.
• Judgments for support do not become Q: How far can this support in
dormant; it becomes due from time to time arrears go?
as provided & enforceable by simple A: The law gives us the answer
motion at any time – Art. 203, first paragraph. It
o EXCEPT as to installments not depends on WHEN THE
recovered within the statute of EXTRAJUDICIAL OR
limitations JUDICIAL DEMAND was first
made.
Art. 203. The obligation to give support shall be Q: The child, was born in year
demandable from the time the person who has a right 2000. The child filed a case in
to receive the same needs it for maintenance, but it 2016. The mother made a
shall not be paid except from the date of judicial or demand in the year 2000. Will it
extrajudicial demand. go that far back?
Support pendent lite may be claimed in accordance A: NO. Because it is an
with the Rules of Court. Payment shall be made obligation created by law, and
within the first 5 days of each corresponding month. there is a prescriptive period.
When the recipient dies, his heirs shall not be The prescriptive period for
obliged to return what he has received in advance. obligations created by law is 10
years.

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 o SC also
Demand graduated
• Payment of the amount for support starts the amounts
only from the time the support has been based on
judicially or extra-judicially demanded o inflation
But the right to claim it starts from when it • CASE: Sy v. CA – In
was needed a custody suit, even if
• CASE: Jocson v. Empire Insurance Co. – support is not prayed
Support does include what is necessary for for, but it was sought
education & such, but support MUST be during the hearing of
demanded & the right to it established the case without
before it becomes payable o Right to objection of the other
support does not rise from the mere fact of party, a decision of
relationship, but from imperative necessity; support can be
the law presumes that such necessity does obtained even if the
not exist when there is no demand pleadings were not
o Need for support cannot be amended to conform
presumed with the evidence
• CASE: Baltazar v. Serfino - An
illegitimate child was born on Dec. 19, Support in Arrears
1943 & made an extrajudicial demand for • CASE: Mangonon v.
support on June 1959. CA – SC allows
o SC held that payment of support support in arrears; in
should begin only from June this case, considering
1959, applying Art. 203 of FC. that the children, who
• CASE: Ilano v. CA – A case was filed in should have been
August 14, 1972 against the alleged father given support, must
of an illegitimate child. At the time, the already have finished
child was 7 years of age. It was proven that their schooling by the
she was illegitimate born on December 30, time the decision was
1963. When the case was resolved, she was rendered o Arrears –
already spending about P500 for her school money that is owed &
expenses while the alleged father earned should have been paid
P10,000 a month. She reached the age of earlier
majority on December 30, 1984. §
o SC held that the child was Overdue after
entitled to support in arrears for missing 1 or 2
a period of 12 years, 4 months & required
14 days (from the date of filing payments o
until she Amount of
reached the age of majority) support to be
paid was

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 computed from the time they had • Anything obtained by
entered college until they finished way of support is
their respective studies impliedly for the
survival of the
Art. 204. The person obliged to give support shall recipient o
have the option to fulfill the obligation either by To deprive the
paying the allowance fixed, or by receiving & recipient would be
maintaining in the family dwelling the person who prejudicial to his
has a right to receive support. The latter alternative existence
cannot be availed in case there is a moral or legal • Thus, money or
obstacle thereof. property obtained
from support cannot
be made to satisfy any
Option judgment against the
• The person obliged to give support has the recipient, nor can it be
right to elect the manner by which it is to attached or subject to
be given o Not an absolute right – can be execution o
opposed if there is a moral issue or if there HOWEVER, in case
is a preferential right of contractual support
o Example: A wife who is forced or that given by will,
to leave the home by her the excess in amount
husband, without fault on her beyond that required
part, may maintain an action for for legal support can
separate maintenance even if the be levied on
law says the husband can choose attachment or
other methods to pay her support execution (Art. 208,
• CASE: Mangonon v. CA – SC rejected the FC)
choice of the grandfather who was giving
support to take custody of the grandkids Art. 206. When, without the
considering that, while they were in good knowledge of the person
terms prior to the filing of the suit for obliged to give support, it is
support pendente lite, the relationship of given by a stranger, the latter
the grandfather & grandkids had already shall have a right to claim the
turned sour during the pendency of the suit same from the former, unless it
appears that he gave it without
Art. 205. The right to receive support under this Title intention of being reimbursed.
as well as any money or property obtained as such
support shall not be levied upon on attachment or
execution. Art. 207. When the person
obliged to give support to
another unjustly refuses or fails
Exemption from Attachment or Execution to give support when urgently

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needed by the latter, any 3 rd person may furnish
support to the needy individual, with a right of
reimbursement from the person obliged to give
support. This Article shall apply particularly when
the father or mother of a child under the age of
majority unjustly refuses or fails to give support to
the child when urgently needed.

Quasi-Contract
• Relationship between the stranger & the
person obliged to give support under Art.
206 is a quasi-contract.

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 •
Art. 2142, CC: A quasi-contract is a juridical relation which arises from certain
lawful, voluntary & unilateral acts to the end that no one shall be unjustly enriched Art. 208. In case of contractual support or that given by will, the excess in amount beyond
at the expense of another o A lawful valid obligation arises from a quasi-contract that required for legal support shall be subject to levy on attachment or execution.
• Whoever advances the support shall be entitled to be reimbursed unless the grantor Furthermore, contractual support shall be subject to adjustment whenever modification is
gives it as an act of liberality or without intending to be reimbursed necessary due to changes in circumstances manifestly beyond the contemplation of the
• Requisites for reimbursement of a stranger (from the case Ramirez & de Marcaida parties.
v. Redfern):
(1) The support was furnished upon a dependent of one bound to give support Contractual & Testamentary Support
but who fails to do so; • The contract of support is not the equivalent of obligation to support o
(2) The support was supplied by a stranger; Obligation to support is what is mandated by law (Art. 194) o A contract of
(3) The support was given without the knowledge of the person charged with support may be given by a donor or 3rd party
the duty § Usually with reciprocal duties & obligations
• Negative qualification: when support is given without the expectation of recovery § In case of support given by contract or by will, the excess
• CASE: Ramirez & de Marcaida v. Redfern – A spouse obtained a sum of money on beyond what is required for legal support can be levied for
different occasions from her sister. The sister & her husband sued the husband of attachment or execution
the said spouse for reimbursement under Art. 206. • Only contractual support is subject to adjustment whenever modification is
o SC held that there was a failure of the 1 st & 2nd essential elements necessary due to circumstances not contemplated by the parties
because though the husband & wife are obliged to support each other, the o When it comes to support given by will, there can be no more
wife never asked money from her husband, & went directly to her sister. modification of the amounts promised
The husband also offered to give her money, & she never took it. • Basis of contractual support: agreement o If the parents procure an educational
o Also, there is evidence that the husband amply provided for his wife & policy for their kids through an insurance company – this is contractual support
children in London. § The money placed by the corporation in a trust fund to finance
o This case was decided prior to the FC; if it was decided now, if it could the education of the children cannot be subject to levy or
be proved that the loan given to the wife redounded to the benefit of the attachment except the amount in excess required for legal
family, the ACP/CPG could be held liable under Art. 94 & 121, FC support
• Requisites restated by the Sta. Maria book: § However, if the policy goes beyond educational support & also
(1) There is an urgent need to be supported on the part of the recipient says the children will receive money for their vacation to fund
(2) The person obliged to give support unjustly refuses or fails to give the for transportation expenses, said money can be attached in the
support proper cases, as it is not anymore needed
(3) A 3rd person furnishes the support to the needy individual o Art. 207 for the children’s education
particularly applies it is the father & mother of a child under the age of
majority who unjustly refuses to give support or fails to give support to TITLE IX. – PARENTAL AUTHORITY
the child when it is urgently needed o Example: A child writes his father
in Davao the he, the child, needs support to pay for tuition at school. If the Chapter 1: General Provisions
father doesn’t want to give support just because he doesn’t want to fly to
Manila just to give money to his son, & a 3 rd person furnishes the money Cannot be waived! The classic case is Santos.
for the child, the 3rd person can file a claim against the father for
reimbursement. Art. 209. Pursuant to the natural right & duty of parents over the person & property of their
unemancipated children, parental authority & responsibility shall include the caring for &
CLASS SCENARIO rearing of such children for civic consciousness & efficiency & the development of their
If you are a brat, & make demands left & right to your parents, & your parents deny you & moral, mental & physical character & well-being.
you go to your uncle, your case does not fall under Art. 207 as there is no unjust refusal.

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 •
Natural Right
• The custody, care & the nurture of the child reside first in the parents, whose Joint Parental Authority
primary function includes the preparation or obligations the state can neither supply • Parents are equally bound to ensure the wholesome upbringing of their children o
nor hinder True for both illegitimate & legitimate children if they are the “common children”
• Parental authority can be transferred only by law of the mother & father, as provided by Art. 211

Art. 210. Parental authority & responsibility may not be renounced or transferred except in Application to Illegitimate Children
cases authorized by law. • Two requisites:
1) The father is certain;
Renunciation & Transfer of Parental Authority 2) The illegitimate children are living with the said father & mother, who are
• Upbringing of children – sacred duty of parents cohabiting without the benefit of marriage or under a void marriage not falling
• Cannot be renounced or transferred except in cases authorized by law under Art. 36 & 53
CASE: Santos v. CA – A father took his son away from the son’s grandparents, • This interpretation harmonizes Art. 176 & Art. 211 o Art. 176 – provides that
who were taken care of his child, through deceit, false pretensions & trickery. In the illegitimate children will be under the parental authority of the mother
case, the father signed a document entrusting the grandparents with the custody of § Based on the idea that the paternity is uncertain & a particular
the minor previously. However, it was not shown during trial that the father was man should not be made liable if it is uncertain
actually unfit. the child is his
o SC held that the father had the rightful custody of his child. § Could be because the father has another family or he does not
o Parental authority & responsibility are inalienable & may not be openly acknowledge the child
transferred or renounced except in cases authorized by law § Follows that Art. 176 applies in 2 cases:
o Waiver is allowed only in cases of adoption, guardianship & surrender to 1) When the paternity of the child is unknown or in
a children’s home or orphan institution doubt
o The document signed by the father was just for temporary custody & 2) Where, though paternity is certain, the father does
does not constitute renunciation of parental authority § Law does not not live with the mother & the child • CASE: David
allow renunciation unless: v. CA – A married man living with his legitimate
• Parent dies family got hold of his illegitimate son from the
• Parent is absent latter’s mother, who was not living with the married
man. SC held that parental authority is vested in the
• Parent is unsuitable
mother only & the mother is the one entitled to
o Furthermore, in the case, there was no proof that the father could not
custody
presently support the child
• CASE: Briones v. Miguel – SC ruled that illegitimate children are under the sole
§ This is true even if previously, the father failed to financially
parental authority of their mothers, regardless of the father’s acknowledgement (in
support the child for 3 years
this case, even if he allowed the use of his surname & gave support) o Sta. Maria
• Parental authority can be terminated for cause in accordance with legal grounds in
reminds us that he thinks this is wrong
Art. 228-232, FC o Duty of care is not dependent on custody
• Once parental authority is vested, it cannot be waived except in cases of:
o If a mother does not have custody of her child & the father is properly
1) Adoption
supporting him, she still has a duty to give him personal care & attention
2) Guardianship
3) Surrender to a children’s home or orphan institution
Art. 211. The father & 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
Preferential Choice of the Father
there is a judicial order to the contrary.
Children shall always observe respect & reverence towards their parents & are obliged to
obey them as long as the children are under parental authority.

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 •
• Father & mother exercise joint parental authority, but in case of conflict, the In all cases involving a child, the inflexible criterion is his paramount interest.
decision of the father prevails o Presumption is that father’s decision is for the
child’s best interest, though this doesn’t necessarily mean that the mother’s isn’t. Guardian ad litem – refers to guardians with custody of child
• If both the decision of the father & mother have merit, & to be able to prevent a
void decision, the decision of the father is given preference o Only a court Tender Years Doctrine
order can alter the binding force of the father’s decision • No child under 7 years of age shall be separate for mother, unless there are
§ Basis must rest on substantial, important & serious grounds for the compelling reasons
paramount interest of the children • Presumption is strong – the only thing that rebuts the presumption is a showing that
o Example: If the mother does not want to have the children study in a the mother is unfit
particular school because the kids do not like the school, it is not enough • Presumption holds even if parents made a previous agreement by contract that the
to supplant the dad’s decision to send the children to said school. child goes to the father
§ If the school, however, evidently does not provide good instruction
or does not teach the right moral values & the father avoids Separation
listening to the reasons of the mother, the • Parental authority may be designated by court in case the parents separate o This
mother can go to court & have the decision changed does not necessarily mean that the parental authority of the other spouse is
necessarily terminated or suspended
Art. 212. In case of absence or death of either parent, the parent present shall continue o There are specific grounds for termination or suspension provided by law
exercising parental authority. The marriage of the surviving parent shall not affect the • CASE: Cang v. CA – The mother was granted parental authority over her children
parental authority over the children, unless the court appoints another person to be the by the court in a legal separation case between her & her husband. Later, she
guardian of the person or property of the children. decided to have the children adopted without first seeking the consent of the father.
She argued that the court had already granted her the parental authority, so
Remarriage of Parent permission was not needed.
• Death of one of the spouses will not terminate parental authority of the surviving o SC held that the father’s consent is still necessary, because the legal
parent over their children separation decree did not terminate the parental authority of the father.
If surviving spouse remarries, the parental authority is also not affected o The new Only the EXERCISE of parental authority was given to the mother
spouse, however, does not automatically possess parental authority over the § Hence, the mother would have the right to the children’s
child of the surviving parent unless such new spouse legally adopts the services & earnings & the right to direct their activities & make
children decisions regarding their care, control, education, health, etc.
• Upon remarriage of the surviving parent, the court may appoint another person to § However, such delegation did not excuse her having the
be the guardian of the person or property of the children if it is shown that, by children adopted without the father’s consent, because the
reason of remarriage, the surviving parent cannot undertake the necessary devotion father still had parental authority & there was no finding that
& concern toward the children he was an irresponsible person

Art. 213. In case of separation of the parents, parental authority shall be exercised by the Custody of Children
parent designated by the Court. The Court shall take into account all relevant considerations, • Parents are never deprived of the custody & care of their children, except for just
especially the choice of the child over 7 years of age, unless the parent chosen is unfit. cause
No child under 7 years of age shall be separated from the mother, unless the court finds • But in custody cases, the right of the parents are not the paramount issue; they are
compelling reasons to order otherwise. overridden by the singular interests of the child
• The “cardinal principle” & “paramount consideration” is the best interest of the
This applies only to legitimate children. Because for illegitimate children, the mother is the child in custody cases o Courts shall take into account the choice of the child over 7
only one with parental authority. Thus, when it comes to illegitimate children, that years of age, unless the parent chosen is unfit
demarcation line becomes irrelevant.

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 •
§ However, such choice is not determinative of the issue of
custody; the court may nevertheless award custody to the other
parent or even to a 3 rd person if the paramount interest of the
child so dictates
§ HOWEVER, if the child has made a choice & there is no
showing that the chosen parent is unfit, the child is to be
awarded to the chosen parent

Custody Hearings
• Governed by A.M. No. 03-04-04 SC, “Rule on Custody of Minors & Writ of
Habeas Corpus in Relation to Custody of Minors” o A habeas corpus can be availed
of to secure custody of the child if parents are separated from each other
§ Parents can also use it as against 3rd persons
§ Also the proper remedy to enable parents to regain custody of
their minor daughter even though the latter be in the custody of
a 3rd person of her free will because the parents were
compelling her to marry a man against her will
• CASE: Tijing v. CA – Showed that the question of identity is relevant & material in
habeas corpus proceedings. In this case, the real parent filed a case against an
impostor parent who had kidnapped the child from the real parents & caused the
issuance of a falsified birth certificate indicating the child was hers & her live-in
partner’s.
o SC held that the child belongs to the real parents, making the ff.
observations in relation to her identity:
§ Evidence of sterility & impotence, irregular filing of birth
certificate, the resemblance of the real parents with the child,
etc.
• In child custody hearings, equity may also be invoked for the best interests of the
child.
o CASE: Dacasin v. Dacasin – SC ruled as void a custodial agreement
providing that the child below 7 years of age would be under the joint
custody of both separated parents. Instead of dismissing the case for lack
of cause of action, however, SC remanded the case to the lower court to
determine the child’s custody, as the child was already 15 when the case
was decided, so there was no longer any need to follow the mandatory
maternal custody regime under Art. 213.

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Parental Preference Rule Exception to Maternal Preference
• Natural parents, who are of good character & can reasonable provide for the child, • There must be “compelling reason” that is shown by clear & positive evidence that
are ordinarily entitled to the custody of the child against all persons o Springs from the mother is unfit o It must be complete unfitness, not merely comparative
the exercise of parental authority o Entitled as against prospective adoptive parents unfitness o The criterion remains to be the paramount interest of the child
o Also applies against other relatives, like grandparents, or as against an agency or • Instances that are not considered to be “compelling reasons” o When the
institution mother is a lesbian
o When the father is more well-off than the mother but the mother sustains
Maternal Preference the family
• The mother is the natural custodian of her young – awarded sole parental authority o When the mother occasionally forgets to bathe the child, or leaves the
• In applying the Tender Years Doctrine rule (tender-age presumption), the child child with the grandmother often, or goes out late at night; none of these
must be under 7 years of age at the time either parent is given custody or at the time are concrete proofs that she is unfit, though they may show she is
the decision is rendered neglectful
• However the criterion is flexible, depending on the paramount interest of the child • But where it is shown that the mother is completely neglectful, that she intends to
• CASE: Espiritu v. CA – In a custody case, a mother who had been committing have her children adopted by her wealthy aunt for monetary consideration, that her
bigamy & was convicted of it in court, & who the children witnessed kissing the children were always sick when the mother took them, it was enough to turn over
other man, filed to gain custody of her children. The children chose to go to the custody to the father.
father & the psychologist said the children were better off with the father. o SC • Presumption of maternal preference is only resorted to in the rare situation when all
held that the children were better off with the father, looking upon the relevant, other considerations are equal, with the parental qualities of the
substantive facts of the case. The court must examine if the parent chosen is unfit to litigants so equally balanced that the presumption becomes necessary
assume parental authority.
o Adultery/bigamy of the parent during the child’s formative years may Custody Granted to Others
likewise be considered in questions involving the custody of the children, • Custody may be granted to persons who are strangers to the family if such award
since adultery is a sign that the woman is immoral & unfit to take care of would best serve the paramount interest of the child
their child. • Court may designate:
• Any agreement by the parties unduly depriving the mother of the custody of her o Paternal or maternal grandparents o Brothers & sisters of the child o
children under 7 years of her age in the absence of any compelling reason to Some reputable & discreet person
warrant the same is null & void. o Asylum, children’s home or benevolent society
o CASE: Dacasin v. Dacasin – A Philippine Court has no authority to
enforce a custody-agreement executed in the U.S. where a Filipina No Finality of Custody Judgment
woman divorced from her foreigner spouse agreed that she & her ex • Custody of minor children is always open to adjustments as the circumstances
would have joint custody of their child. relevant to the matter may demand
§ At the time the agreement was made, the child was below 7 • CASE: Luna v. IAC – The custody of the child was awarded to the grandparents by
years old. When it was decided, she was 15. Nevertheless, the the lower court, but later the CA granted it to the natural parents. But when the
custody agreement was declared void for being contrary to law. child said she would kill herself if she would be delivered to her natural parents, SC
§ In Philippines, sole parental custody is awarded to the mother reversed the CA decision even if at first it affirmed it.
when the child is below 7 years old. • CASE: Viesca v. Gilinsky – Where an equivocal compromise agreement reached
• However, parents can make ancillary agreements, such as visitation rights & other between the 2 parties results in a disagreement between them for a prolonged
privileges; but they cannot decide that the custody will be jointly shared for a child period, the court’s only choice is to help facilitate the compromise agreement; the
under 7 court itself cannot modify, by motion of one of the parties, a compromise
• From 8 years old until the time of emancipation, the separated parents can, subject agreement.
to the usual contractual limitations, agree on custody regimes they see fit to adopt

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Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority • A rape case filed by the daughter against the father was considered by
shall be exercised by the surviving grandparent. In case several survive, the one designated by SC as a crime “against the other”
the court, taking into account the same consideration mentioned in the preceding article, shall • Not dependent on the CHOICE of the confessor, but on the CONSENT
exercise the authority. of the spouse
• CASE: Alvarez v. Ramirez - The husband set fire to the house of his
wife’s sister knowing the wise was inside the house. A wife testified
Substitute Parental Authority of Grandparents against her husband in the arson case.
• In the absence or incapacity of the parents, the grandparents are the most natural, o SC held that there was no more marital privilege to protect, & the wife
suitable & logical persons to exercise parental authority could testify against her husband.
• Takes into consideration the choice of the child above 7 years old
Final Notes
Art. 215. No descendant shall be compelled, in a criminal case, to testify against his parents • Remember that custody is not the equivalent of parental authority
and grandparents, except when such testimony is indispensable in a crime against the • Remember that parental authority terminates when one reaches the age of 18
descendant or by one parent against the other.
CHAPTER 2: SUBSTITUTE & SPECIAL PARENTAL AUTHORITY
Salient Points
1. Only in criminal cases Art. 216. In default of parents or a judicially appointed guardian, the following persons shall
2. The child can testify; he just cannot be compelled to testify, except when it falls under the exercise substitute parental authority over the child in the order indicated:
exemptions. 1) The surviving grandparent, as provided in Art. 214;
2) The oldest brother or sister, over 21 years of age, unless unfit or disqualified; & 3)
Q: A & B are cousins. X & Y are parents of A. B saw X hit A in front of his other cousins. The child’s actual custodian, over 21 years of age, unless unfit or disqualified. Whenever the
Can A be compelled to testify? appointment of a judicial guardian over the property of the child becomes necessary, the
A: No. Because his testimony is not indispensible, as his cousins are beside him who also saw same order of preference shall be observed.
the crime. But A’s testimony is indispensible, then he can be compelled to testify still.
Substitute Parental Authority
Reason for the Filial Privilege • Have all the rights given to parents in Art. 220
• The privilege is solely addressed to the descendant-witness o He may or may not • Same authority over the person of the child as the parents (Art. 233)
testify against his parents or grandparents in a criminal case • They shall also be civilly liable for the injuries & damages caused by the acts or
o If the descendant does not want to do so, he cannot be compelled to do so omissions of the unemancipated children living in their company & under their
o The child can testify if he wants to, but he cannot be forced parental case (Art. 221) o Substitute parental authority is more encompassing than
• Exception: Such testimony is indispensible in a crime against the descendant or by special parental authority; the latter is usually for minors, & only for special
one parent against another occasions or authorized activities
• A person who is not even related to an unemancipated child & who was not adopted
Marital Privilege by the same but who has actual custody of said child, may be liable for the damages
• Provided in Sec. 24(a) of Rule 130 of the Rules of Court o The husband & wife, caused by said child o At the same time, he may not inherit from the said child upon
during or after the marriage, cannot be examined without the consent of the other as the latter’s death, as he is not the heir at all
to any communication received in confidence by one from the other during the • Order established is not mandatory o If the brother is more qualified than the
marriage, except: grandparent, the substitute parental authority may be granted to the brother
§ In a civil case by one against the other • But order must be observed when those enumerated are equally fit
§ In a criminal case for a crime committed by one against the
other or the latter’s direct descendants or ascendants Art. 217. In case of foundlings, abandoned, neglected or abused children & other children
similarly situated, parental authority shall be entrusted in summary judicial proceedings to

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heads of children’s homes, orphanages and similar institutions duly accredited by the proper o He must be surrendered in writing by his parents or guardian
government agency. § In case of death or legal incapacity of either parent of the child
for a period of at least 1 year, the other parent alone has the
authority to make the commitment
Unfortunate Children § Upon being surrendered, the rights of his natural parents,
• Foundling – newborn child abandoned by its parents who are unknown guardians or custodian over the exercise of parental
• Abandoned – One who has no proper parental care or guardianship; or whose authority over him shall cease
parents or guardians have deserted him for a period of at least 6 continuous months o Agency will be entitled to custody & control of the child o Agency may
• Neglected – One whose basic needs have been deliberately unattended or intervene in adoption proceedings
inadequately unattended; two forms of neglect:
o Physical neglect – child is malnourished, ill clad & without proper shelter Art. 218. The school, its administrators and teachers, or the individual, entity or institution
o Emotional neglect – child is maltreated, raped or seduced, exploited or engaged in child care shall have special parental authority and responsibility over the minor
overworked or made to beg in the streets, or are placed in situations of child while under their supervision, instruction or custody. Authority and responsibility shall
moral danger (abused children fall under here) apply to all authorized activities whether inside or outside the premises of the school, entity
• Dependent – One who is without a parent, guardian or custodian; or one whose or institution.
parent, guardian or custodian for good cause desires to be relieved of his care
& custody; dependent upon the public for support

Child Welfare Agency Art. 219. Those given the authority & responsibility under the preceding Art. shall be
• Child welfare agencies cannot be established temporarily or permanently without a principally & solidarily liable for damages caused by the acts or omissions of the
license secured from the DSWD o License is non-transferrable unemancipated minor. The parents, judicial guardians or the persons exercising substitute
parental authority over said minor shall be subsidiarily liable.
o Shall be used only by the person or institution to which it was issued at
The respective liabilities of those referred to in the preceding par. shall not apply if it is
the place stated therein
proved that they exercised the proper diligence required under the particular circumstances.
• Proper function & purpose of the child welfare agency must be clearly defined
All other cases not covered by this & the preceding articles shall be governed by the
provisions of the Civil Code on quasi-delicts.
Transfer of Parental Authority
• Transfer of parental authority for unfortunate children shall be entrusted in a
Liability of Persons Possessing Special Parental Authority
summary proceeding to heads of children’s homes, orphanages or other similar
• Special parental authority is given by law to:
institutions (following Art. 253)
o School, its administrator & teachers o Individuals, entities or
• The transfer of parental authority over the child can be voluntary or involuntary •
When done involuntarily: institutions engaged in child care
o DSWD or authorized representatives or a child-placement agency having • Can be exercised only while under their supervision, instruction or custody o Also
attaches to all authorized activities whether inside or outside the school entity or
knowledge of a child who appears to be dependent, abandoned or
institution
neglected may file a petition for involuntary commitment of said child
o After commitment, parents or guardians shall thereafter exercise no • They are civilly liable for the acts & omissions of the unemancipated minor o BUT
liability shall not apply if it is proved that they exercised the proper diligence
authority over him except upon such conditions as the court may impose
required under the particular circumstances
o DSWD or agency becomes the legal guardian & will be entitled to
• Teacher must be teacher-in-charge o The one designated by the dean,
custody & be responsible for his support
administrative superior or principal to exercise supervision over the pupils in his
• When done voluntarily:
assigned classes
o Parent of a neglected, abandoned or dependent child voluntarily commits
o Immediately involved in the students’ discipline as he has direct control
the child to DSWD or a license child-placing agency or individual
or influence over them

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 o Example: A mere physics teacher who is not the teacher-in-charge is not § Master/employer is liable for the
liable damages of servants/employees
• Those with special authority are in loco parentis only with respect to the § Same principle as special authority o To exculpate themselves, the
unemancipated minors & their liability will attach only in such a case o Liability school, teachers or heads of the establishment must show that they
attaches while the minor is under their supervision, instruction & custody & all took the necessary precautions to prevent the injury complained of
authorized activities
o “Being in the custody of the school” means the protective & supervisory CLASS SCENARIO (A)
custody these individuals have over the pupils for as long as they are in If a child destroys property in school, special authority is primarily liable for the damages,
attendance in the school, including recess time though the parents retain parental authority.
• Must be proven that the student is in the school premises in pursuance of a
legitimate student objective, in the exercise of a legitimate student right, & even in AMPY’S ADVICE
the enjoyment of a legitimate student privilege o Even if the student is just relaxing If the school tells you to sign a waiver for your child’s field trip absolving them of liability,
in the grass or talking to his friends in school, he is within the custody of the school sign the document. The waiver is void insofar as the school & teachers are concerned when
authorities they negligently handle the field trip.
• No distinction on whether the school is academic or non-academic (arts & trades)
• Liability extends to the administrators of the school CHAPTER 3: EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE
CHILDREN
Liability of Persons Exercising Substitute Parental Authority
• Parents, judicial guardians & persons exercising parental authority over the minor Art. 220. The parents and those exercising parental authority shall have with respect to their
are subsidiarily liable o Liable only if the principals cannot satisfy their liability unemancipated children or wards the following rights and duties:
1) To keep them in their company, to support, educate & instruct them by right precept &
Defense of Persons with Special Parental Authority good example, & to provide for their upbringing in keeping with their means; 2) To give
• The liability under Art. 219 will not apply if it is proved that they exercised the them love and affection, advice and counsel, companionship & understanding; 3) To provide
proper diligence required under the particular circumstances them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline,
o This is not as strictly imposed as liability is upon parents, because it is self-reliance, industry & thrift, stimulate their interest in civic affairs, & inspire in them
assumed that parents have more influence over their children than compliance with the duties of citizenship;
teachers do 4) To enhance, protect, preserve & maintain their physical & mental health at all times; 5) To
• CASE: Ylarde v. Aquino – Not enough that a teacher told the kids “not to touch the furnish them with good and whole- some educational materials, supervise their activities,
stone” in an excavation site; to bring them there & then leave them there by recreation and association with others, protect them from bad company, & prevent them from
themselves is not something a reasonably prudent person would do. A teacher who acquiring habits detrimental to their health, studies and morals;
stands in loco parentis to his pupils must make sure that the children are protected 6) To represent them in all matters affecting their interests;
from all harm in his company. 7) To demand from them respect and obedience;
8) To impose discipline on them as may be required under the circumstances; & 9) To
Quasi-Delict perform such other duties as are imposed by law upon parents & guardians.
• Art. 2180, CC: Teachers or heads of establishments of arts & trades shall be liable
for damages caused by their pupils & students or apprentices so long as they remain Representative of the Children
in their custody. • Art. 220, par. 8: Parents have the duty to represent their children in all matters
o There must be clear showing of negligence or laxness in the enforcement affecting their interest o An offer to redeem a particular property made by the father
of discipline on behalf of his children is valid, as he is their natural guardian. It is not an act of
o Applies if the students are no longer minor children o School itself cannot administration, but of representation of his children.
be held liable under Art. 2180, but may be held liable under the principle
of respondeat superior

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 o A mother also has the right to file a petition for change of name on behalf • 2 requisites:
of her child, as the mother had the duty to represent the child in all 1) The unemancipated child must be living in their company
actions which redound to his benefit. 2) Must be under their parental authority
o A petition for habeas corpus filed by the uncle of a minor for the minor • Doctrine of “imputed negligence” or vicarious liability – because you instruct &
was dismissed by SC because the parents of the minor filed a motion to discipline your child, you are also liable for torts committed by him o
withdraw the appeal Responsibility for the negligence of those persons whose acts & omissions are
§ The parents exercise joint parental authority & represent their imputable, by legal fiction, to others who are in a position to exercise an absolute or
children in all actions which may redound to their benefit limited control over them
o Torts that parents pay for their minor children are a result of their parental
Disciplinary Actions authority over them
• Art. 220 (7) & (8): Parents have the right to demand respect & obedience & to • Parental dereliction can be overturned under Art. 2180, CC, by proof that the
discipline them as may be required o They may inflict a reasonable measure of parents had exercised all the diligence of a good father of a family to prevent the
corporate punishment damage
• CASE: Roe v. Doe (U.S.) – A child who constantly disobeyed the reasonable • Example: When, pending a trial, the child shoots someone, the natural parents,
requests of her parents, abandoned her parents’ home without just cause, tried rather than the adoptive parents, are liable, because the natural parents are the ones
experimental drugs, etc. was denied support by her parents. The decision of the with responsibility over the child. This is true even if the general rule in adoption is
parents was upheld in the court, because her actions disregarding the parental that the parent-child relationship is established from the date of the filing of the
authority of the parents forfeited her rights to demand for support. petition

Rights of the Children Diligence of a Good Father of a Family

• Art. 356, CC provides that every child: • Necessary to remove liability under Art. 221
1) Is entitled to parental care • CASE: Libi v. IAC – The son had used his father’s gun to shoot someone. The
2) Shall receive at least elementary education father kept it in a safe but the son knew where it was & where the key was hidden.
3) Shall be given moral & civic training by the parents or guardian o SC held that there was no diligence of a good father of a family
4) Has a right to live in an atmosphere conducive to his physical, moral &
intellectual development Art. 222. The courts may appoint a guardian of the child’s property, or a guardian ad litem
when the best interests of the child so require.
Art. 221. Parents & other persons exercising parental authority shall be civilly liable for the
injuries & damages caused by the acts or omissions of their unemancipated children living in Guardian
their company and under their parental authority subject to the appropriate defenses provided • Trust relationship of the most sacred character
by law. • Represents the interest of the incompetent or the minor

Imputed or vicarious liability of parents Selection

• The appointment which will probably keep the family together is preferred to one
Two qualifiers: which will bring about their separation
1. While living in their company • Appointment of a guardian is addressed to the sound discretion of the court
2. Under their parental authority • Primary consideration – best interests of the child
If one of these is gone, the parents are NOT liable. • Guardian must be personally subject to the court’s jurisdiction

Parents Art. 223. The parents or, in their absence or incapacity, the individual, entity or institution
• Are primarily & principally liable for acts & omissions of their unemancipated exercising parental authority, may petition the proper court of the place where the child
children resulting in injuries to others resides, for an order providing for disciplinary measures over the child. The child shall be

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entitled to the assistance of counsel, either of his choice or appointed by the court, and a The ordinary rules on guardianship shall be merely suppletory except when the child is under
summary hearing shall be conducted wherein the petitioner & the child shall be heard. substitute parental authority, or the guardian is a stranger, or a parent has remarried, in which
However, if in the same proceeding the court finds the petitioner at fault, irrespective of the case the ordinary rules on guardianship shall apply.
merits of the petition, or when the circumstances so warrant, the court may also order the
deprivation or suspension of parental authority or adopt such other measures as it may deem Legal Guardian
just and proper. • No need for a judicial court order appointing parents as guardians
• Regardless of the value of the child’s property, the parents ipso jure become the
Art. 224. The measures referred to in the preceding article may include the commitment of legal guardian of the child’s property
the child for not more than 30 days in entities or institutions engaged in child care or in
children’s homes duly accredited by the proper government agency.
The parent exercising parental authority shall not interfere with the care of the child whenever
committed but shall provide for his support. Upon proper petition or at its own instance, the
court may terminate the commitment of the child whenever just and proper.

Aid from the Court

• Parents have the principal duty of undertaking measures to discipline their children
• If the parent wants to discipline the child, they can petition, but the child has a right
to be heard as well o One of the measures that can be imposed – commitment of the
child for not more than 30 days in entities or institutions engaged in childcare
o Parent of the child will not interfere with care once committed, but shall
provide for his support
o Upon petition or at its own instance, court may terminate the commitment
of the child whenever just & proper.

CHAPTER 4: EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF

THE CHILDREN

Art. 225. The father and the mother shall jointly exercise legal guardianship over the property
of their unemancipated common child without the necessity of a court appointment. In case of
disagreement, the father’s decision shall prevail, unless there is a judicial order to the
contrary.
Where the market value of the property or the annual income of the child exceeds P50,000.00,
the parent concerned shall be required to furnish a bond in such amount as the court may
determine, but not less than 10& per centum of the value of the property or annual income, to
guarantee the performance of the obligations prescribed for general guardians.
A verified petition for approval of the bond shall be filed in the proper court of the place
where the child resides, or, if the child resides in a foreign country, in the proper court of the
place where the property or any part thereof is situated.
The petition shall be docketed as a summary special proceeding in which all incidents &
issues regarding the performance of the obligations referred to in the 2 nd par. of this Art. shall
be heard and resolved.

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 •
o Here, still, father’s decision prevails over mother’s, subject to the mother’s • Law speaks of market value of the property or annual income – if this exceeds
right to go to court to question the decision P50,000, a bond is required
• CASE: Pineda v. CA – A mother did not file a bond because her 3 children received
Prohibition P50,000 each from an insurance policy, & this amount does not exceed P50,000.
• 2 cases where a parent cannot be the administrator of the property of his children However, SC held that the mother failed to show that the P50,000 of each child was
(provided in the law on succession): their only properties, as the law computes the aggregate market value of the
1) Art. 923, CC – Children & descendants of the person disinherited shall take properties & incomes.
his place & shall preserve the rights of the compulsory heirs with respect to Any act done without giving the bond is a nullity; it is a prerequisite to the right to
the legitime, but the disinherited parent shall not have the usufruct or use the power of guardianship
administration of the property which constitutes the legitime.
a. A has a legitimate son B. B has a legitimate son, C. At the time of Bond & Duties of a Guardian
the death of A, his net estate was P100,000. • Bond guarantees the performance of the obligations prescribed for general
b. A executed a will where he validly disinherited B & bequeathed all guardians
his properties to C. • CASE: Jocson v. Empire Insurance Co. – The father used the money the children
c. Since C is the only heir who can inherit, he will inherit all of inherited from their mother to buy clothes for the kids. The petitioner is protesting
P100,000. this, because he claims that under the law the father must support his children with
i. The legitime portion is P50,000 his own funds.
ii. The voluntary portion is P50,000 o SC held that support was indeed demandable at any time the children needed
d. B will not be allowed to administer the P50,000 constituting the it, but it requires that they actually make the demand, which they didn’t.
legitime. However, B can administer the P50,000 constituting C’s Furthermore, the use of the children’s funds to buy their clothes was
inheritance as voluntary heir. made with court approval & therefore the bond cannot be forfeited.
2) Art. 1035, CC – If the person excluded from the inheritance by reason of
incapacity should be a child or descendant of the decedent & should have Alienation & Encumbrance
children or descendants, the latter shall acquire the right to the legitime. The • Parent’s authority over the estate of the ward as a legal-guardian would not extend
person so excluded shall not enjoy the usufruct & administration of the to acts of encumbrance or disposition, as distinguished from acts of management or
property thus inherited by his children. administration o Mother cannot sell the property of her minor children without
a. A has a legitimate son B, who has 2 legitimate children, C & D. court approval; such a sale would be void
b. B groundlessly accused A of murder which accusation made B o A guardian has no authority to sell or encumber the properties of his ward
incapacitated to succeed due to unworthiness. • An abdicate waiver of rights by the guardian is also an act of disposition & cannot
c. At the time of A’s death, his estate was P100,000. bind his ward, being null & void, unless duly authorized by the court o Parents have
d. C & D will inherit the whole of P100,000. Since there is no will & no power to compromise their child’s claims o Court’s approval is necessary in
testament, they shall divide the P100,000 equally as their compromises entered into by guardians & parents
inheritance.
i. P50,000 goes to C. Summary Proceeding
ii. P50,000 goes to D. • Parents must immediately take care of the needs of their unemancipated children
e. B will not enjoy the usufruct of either C or D’s share. • Day-to-day management should not be derailed by extensive proceedings
• Law itself has already constituted the parent as the legal guardian
Bond • “All other incidents & issues” includes alienation, disposition, encumbrance or
• If the value of the property or income of the child exceeds P50,000, the parents are mortgaging the property beyond P50,000
required to furnish a bond in such amount as the court may determine o Not less
than 10% of the value of the property or annual income, to guarantee performance Guardianship Proceeding
of guardian obligations • If the guardians are the parents, the rules on guardianship are suppletory

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 •
• If the child is under substitute parental authority, or the guardian is a stranger, or the
parent is remarried, the ordinary rules of co-ownership will apply There are types of termination, depending on whether the parental authority can be revived.
1. Permanent termination
Art. 226. The property of the unemancipated child earned or acquired with his work or 2. Automatic revival – e.g., civil interdiction
industry or by onerous or gratuitous title shall belong to the child in ownership & shall be 3. Revival by courts – e.g., sexual abuse
devoted exclusively to the latter’s support & education, unless the title or transfer provides
otherwise. Death of Parent or Child
The right of the parents over the fruits & income of the child’s property shall be limited • Art. 42, CC – Civil personality is extinguished by death o Rights & obligations of
primarily to the child’s support & secondarily to the collective daily needs of the family. the deceased are determined by law, by contract & by will
• Death terminates parental authority
Ownership of Child’s Property • PD 603: The court, upon the death of the parents, can appoint a guardian for the
• Child himself owns the property acquired by his own work to be used for his person & property of the child, on petition of any relative or friend of the family or
education, support & welfare the DSWD
• But if the child’s property is more than sufficient to maintain said child, his income
may be used to help pay for the daily collective needs of the family Emancipation
• Art. 195, FC: A child is also obliged to support his parents o The child’s separate Child is emancipated upon reaching age of majority – 18 years old
property can be used by the parents if the parents need it & the child can afford it • Emancipation terminates parental authority over the person & property of the child;
child is qualified to do all acts of civil life save for exceptions established by
Art. 227. If the parents entrust the management or administration of any of their properties to existing laws
an unemancipated child, the net proceeds of such property shall belong to the owner. The
child shall be given a reasonable monthly allowance in an amount not less than that which the Effect of Art. 228
owner would have paid if the administrator were a stranger, unless the owner grants the entire • In such cases, parental authority is terminated permanently
proceeds to the child. In any case, the proceeds thus given in whole or in part shall not be • The events happen with no fault on the part of the parties
charged to the child’s legitime. • Parental authority cannot be revived in these cases

Art. 229. Unless subsequently revived by a final judgment, parental authority also terminates:
Allowance of Unemancipated Child 1) Upon adoption of the child;
• Parents who have engaged their unemancipated children to take care of their 2) Upon appointment of a general guardian;
properties shall only be entitled to the net fruits of the managed properties o 3) Upon judicial declaration of abandonment of the child in a case filed for the purpose;
Unemancipated child first receives a reasonable monthly allowance taken from the 4) Upon final judgment of a competent court divesting the party concerned of parental
gross proceeds of the property for the said month authority;
o All other expenses of the administration & management of the property 5) Upon judicial declaration of absence or incapacity of the person exercising parental
shall be taken from the proceeds authority.
o Balance of the net profits goes to the parents
• Parent can also grant all proceeds to the child
Effect of Art. 229
• Termination in Art. 229 is not permanent
CHAPTER 5: SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY
• Can be revived by the court, unlike Art. 228 & 232

Art. 228. Parental authority terminates permanently:

Judicial Termination of Parental Authority
1) Upon the death of the parents; 2)
• Must be done only on the basis of legal grounds provided by law
Upon the death of the child;
3) Upon emancipation of the child.

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 •
• Even if parents attempt to compel their daughter to marry someone against her will, Civil Interdiction
this cannot be grounds to terminate parental authority • An accessory penalty imposed on accused found guilty of certain crimes
• The deprivation of the offender during his sentence of rights of parental authority,
Adoption guardianship, either as to persons or property of any ward, marital authority, the
• Except in cases where the biological parent is the spouse of the adopter, all legal right to manage property, right to dispose of such property by any act or
ties between the biological parents & the adoptee shall be severed o The same shall conveyance inter vivos
be vested in the adopter upon the finality of a judicial adoption decree • This ground is distinct because it requires no judicial declaration; it is an accessory
• Adoptee shall be considered the legitimate child of the adopter for all intents & to a conviction
purposes o Shall be entitled to all the rights & obligations provided by law to
legitimate children born to them without discrimination of any kind Art. 231. The court in an action filed for the purpose or in a related case may also suspend
• If the adoption decree is rescinded, the rescission shall extinguish all reciprocal parental authority if the parent or the person exercising the same:
rights between the adopter & the adopted o Upon rescission, the parental authority 1) Treats the child with excessive harshness or cruelty;
of the adoptee’s biological parents, if known, or the legal custody of the DSWD if 2) Gives the child corrupting orders, counsel or example;
the adoptee is still a minor & incapacitated, shall be restored 3) Compels the child to beg;
4) Subjects the child or allows him to be subjected to acts of lasciviousness.
Guardianship The grounds enumerated above are deemed to include cases which have resulted from
• A guardian appointed by the court shall generally have the care & custody of the culpable negligence of the parent or the person exercising parental authority.
person of his ward & the management of his estate If the degree of seriousness so warrants, or the welfare of the child so demands, the court
shall deprive the guilty party of parental authority or adopt such other measures as may be
Judicial Declaration of Abandonment proper under the circumstances.
• A settled purpose on the part of the parent to forego all parental duties & relinquish The suspension or deprivation may be revoked and the parental authority revived in a case
all parental claims to the child filed for the purpose or in the same proceeding if the court finds that the cause therefor has
• Neglect or refusal to perform the natural & legal obligations of care & support ceased and will not be repeated.
which parents owe to their children
• This ground refers to a judicial decision arising from a case precisely filed for the Court Proceeding
declaration of abandonment (it must be the principal issue in the case) Suspension or deprivation can be judicially decreed in a case specifically filed for
that purpose or in a related case o “Related case” – can be an offshoot of an
Divestment by Final Court Judgment incident or a collateral pronouncement in another case
• Court may divest parental authority if the welfare of the child so demands • Art. 223, FC: If parents file a disciplinary case against their child, but their child is
• There must be clear, convincing & positive proofs able to prove fault on the part of the parents can suspend parental authority

Judicial Declaration of Absence or Incapacity Excessive Harshness or Cruelty

• Parental authority cannot be expected from one who is an absentee or incapacitated • Parents should not excessively use corporal punishment
• If a declaration has been decreed by court, such is a valid ground for terminating • Severely beating children or doing other cruel things is not allowed
parental authority o A separate case will be filed using the decree to terminate
parental authority Corrupting Orders, Counsel or Example
• It is the duty of the parents to provide their parents with moral & spiritual guidance
Art. 230. Parental authority is suspended upon conviction of the parent or the person
exercising the same of a crime which carries with it the penalty of civil interdiction. The Compelling Child to Beg
authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of • Parents should inculcate in their children self-reliance through lawful activities
the offender.
Acts of Lasciviousness

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 •
• To make the child the object of his prurient behavior can cause great emotional,
physical & psychological harm to the victim-child

Culpable Negligence
• Grounds in Art. 231 are deemed to include cases which result from culpable
negligence of the parent or person executing parental authority
• Example: If the stepfather forces his son to beg & mother acts indifferent, she can
be culpably negligent

Suspension, Deprivation, Revival

• Like Art. 229, suspension or deprivation can be revoked & parental authority
revived in a case filed for the purpose or in the same proceeding, if the court finds
the cause therefor has ceased & will not be repeated

Art. 232. If the person exercising parental authority has subjected the child or allowed him to
be subjected to sexual abuse, such person shall be permanently deprived by the court of such
authority.

Sexual Abuse
• CASE: Re Van Vlack – A father sexually molested his adopted daughter. The
biological mother left with the daughter, but returned a month later with the child.
o SC held that this was grounds to terminate the parental rights of the
mother
• CASE: Re Armentrout – Where the evidence showed that the children were
molested by their stepfather but the mother consistently refused to believe in the
stepfather’s guilt despite the conviction, SC permanently severed the parental rights
of the mother
• Where the welfare of the child so demand, the right of the parents becomes
secondary

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 • Parents & those exercising substitute parental authority can inflict reasonable
Effect of Art. 232 corporal punishment
• Parental authority CANNOT be revived even if there is reformation
Criminal Liability of Parents
Grounds for Terminating Parental Authority Under the RPC • Parents can be criminally liable for maltreating their children when they:
• Art. 278, RPC: If any ascendant, guardian, teacher or person entrusted with a child 1) Conceals or abandons the child with intent to make such child lose his civil
under 16 years of age delivers the child gratuitously or for a price to any habitual status;
vagrant or beggar or to any person who is an acrobat, gymnast, etc. who will 2) Abandons the child under such circumstances as to deprive him of the love,
employ the child in an exhibition, they may be deprived, permanently care and protection he needs;
or perpetually, of their parental authority & imprisoned 3) Sells or abandons the child to another person for valuable consideration;
4) Neglects the child by not giving him the education which the family’s station
Art. 233. The person exercising substitute parental authority shall have the same authority in life and financial conditions permit;
over the person of the child as the parents. In no case shall the school administrator, teacher 5) Fails or refuses, without justifiable grounds, to enroll the child;
or individual engaged in childcare & exercising special parental authority, inflict corporal 6) Causes, abates or permits the truancy of the child from the school where he is
punishment upon the child. enrolled. “Truancy’’ as here used means absence without cause for more than
twenty days, not necessarily consecutive;
NEGLIGENCE IS PRESUMED in these 3 instances in Civil Code 7) Improperly exploits the child by using him, directly or indirectly, such as for
1. Vehicular accidents – e.g., violating traffic rules purposes of begging and other acts which are inimical to his interest and
2. Common carriers & extraordinary diligence welfare;
3. Art. 233 – administrators, teachers, etc. with special parental authority Q: If the teacher has 8) Inflicts cruel and unusual punishment upon the child or deliberately subjects
her back turned & the minor children behind her are hitting each other, and a pencil is him to indignation and other excessive chastisement that
stabbed on one child, is the teacher liable? embarrass or humiliate him;
A: She is presumed liable & must prove she exercised the proper diligence. 9) Causes or encourages the child to lead an immoral or dissolute life;
Q: What does aggrieved party have to prove? 10) Permits the child to possess, handle or carry a deadly weapon, regardless of its
A: The kid was in the classroom, came out with a bruise. That’s it, because of the presumed ownership;
negligence. 11) Allows or requires the child to drive without license or with license which the
parent knows to have been illegally procured. If the motor vehicle driven by
This also applies in outside activities with authorization of the school the child belongs to the parents, it shall be presumed that he permitted or
1. Recess ordered the child to drive (Art. 59, PD 603).
2. Graduation
3. Waiting within the vicinity of the school for the fetching of the child Special Protection of Children Against Child Abuse, Exploitation and
4. There is a dorm owned by the school where the child lives Discrimination Act [RA 7610] – June 17, 1992 Important Provisions

Corporal Punishment Sec. 2. Declaration of State Policy and Principles. — It is hereby declared to be the policy of
• Teachers & academic personnel are absolutely prohibited from inflicting corporal the State to provide special protection to children from all forms of abuse, neglect, cruelty,
punishment upon children exploitation & discrimination, & other conditions prejudicial to their development; provide
• A teacher may be held civilly & administratively liable for such an offense, but for sanctions for their commission & carry out a program for prevention and deterrence of &
there to be criminal liability, there must be proof of felonious intent crisis intervention in situations of child abuse, exploitation & discrimination. The State shall
intervene on behalf of the child when the parent, guardian, teacher or person having care or
Right of Parents to Inflict Corporal Punishment custody of the child fails or is unable to protect the child against abuse, exploitation &
• Only persons exercising special parental authority cannot inflict corporal discrimination or when such acts against the child are committed by the said parent, guardian,
punishment teacher or person having care & custody of the same.

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It shall be the policy of the State to protect and rehabilitate children gravely threatened or (4) Other acts of abuse; &
endangered by circumstances which affect or will affect their survival and normal (5) Circumstances which threaten or endanger the survival and normal development of
development and over which they have no control. children.
The best interests of children shall be the paramount consideration in all actions concerning
them, whether undertaken by public or private social welfare institutions, courts of law, Important Notes
administrative authorities, and legislative bodies, consistent with the principles of First Call • Definition of Children:
for Children as enunciated in the United Nations Convention on the Rights of the Child. o Persons below 18 years, or
Every effort shall be exerted to promote the welfare of children and enhance their o Those unable to fully take care of themselves or protect themselves from
opportunities for a useful and happy life. abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition
Sec. 3. Definition of Terms. –
(a) “Children” refers to persons below 18 years of age or those but are unable to fully Four basic types of offenses:
take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or (1) Prostitution and other sexual abuse
discrimination because of a physical or mental disability or condition; (2) Trafficking in children
(b) “Child Abuse” refers to the maltreatment, whether habitual or not, of the child (3) Pornography and other forms of indecency
which includes any of the following: (4) Other forms of abuse
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment; Special children:
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth (1) Ethnic children who should not be discriminated against
and dignity of a child as a human being; (2) Children as zones of peace in areas of conflict
(3) Unreasonable deprivation of his basic needs for survival, such as food & shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in serious
Sec. 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who
impairment of his growth and development or in his permanent incapacity or death.
for money, profit, or any other consideration or due to the coercion or influence of any adult,
(c) “Circumstances which gravely threaten or endanger the survival and normal development
syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be
of children” include, but are not limited to, the following:
children exploited in prostitution & other sexual abuse.
(1) Being in a community where there is armed conflict or being affected by armed
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be
conflict-related activities;
imposed upon the following:
(2) Working under conditions hazardous to life, safety & morals which unduly interfere
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but
with their normal development;
are not limited to, the following:
(3) Living in or fending for themselves in the streets of urban or rural areas without the
(1) Acting as a procurer of a child prostitute;
care of parents or a guardian or any adult supervision needed for their welfare;
(2) Inducing a person to be a client of a child prostitute by means of written or oral
(4) Being a member of an indigenous cultural community &/or living under the conditions
advertisements or other similar means;
of extreme poverty or in an area which is underdeveloped &/or lacks or has inadequate
(3) Taking advantage of influence or relationship to procure a child as prostitute;
access to basic services needed for a good quality of life;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Being a victim of a man-made or natural disaster or calamity; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent
(6) Circumstances analogous to those above-stated which endanger the life, safety or
to engage such child in prostitution.
normal development of children.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child
(d) “Comprehensive program against child abuse, exploitation and discrimination” refers to
exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is
the coordinated program of services and facilities to protect children against:
under 12 years of age, the perpetrators shall be prosecuted under Art. 335, par. 3, for rape &
(1) Child prostitution and other sexual abuse; Art. 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious
(2) Child trafficking; conduct, as the case may be: Provided, That the penalty for lascivious conduct when the
(3) Obscene publication and indecent shows; victim is under 12 years of age shall be reclusion temporal in its medium period; &

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(c) Those who derive profit or advantage therefrom, whether as manager or owner of There are presumptions of law where trafficking will attach, but these are rebuttable. As an
the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place example – a pre-birth contract for adoption, surrogacy, or simulated birth certificates create a
of entertainment or establishment serving as a cover or which engages in prostitution in presumption of trafficking.
addition to the activity for which the license has been issued to said establishment.
Sec. 8. Attempt to Commit Child Trafficking. — There is an attempt to commit child
Sec. 6. Attempt to Commit Child Prostitution. — There is an attempt to commit child trafficking under Sec. 7 of this Act:
prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative (a) When a child travels alone to a foreign country without valid reason therefor &
of a child, is found alone with the said child inside the room or cubicle of a house, an inn, without clearance issued by the DSWD or written permit or justification from the child’s
hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any parents or legal guardian;
other hidden or secluded area under circumstances which would lead a reasonable person to (b) When a pregnant mother executes an affidavit of consent for adoption for a
believe that the child is about to be exploited in prostitution and other sexual abuse. consideration;
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof (c) When a person, agency, establishment or child-caring institution recruits women or
when any person is receiving services from a child in a sauna parlor or bath, massage clinic, couples to bear children for the purpose of child trafficking;
health club and other similar establishments. A penalty lower by two (2) degrees than that (d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil
prescribed for the consummated felony under Section 5 hereof shall be imposed upon the registrar or any other person simulates birth for the purpose of child trafficking; or (e) When a
principals of the attempt to commit the crime of child prostitution under this Act, or, in the person engages in the act of finding children among low-income families, hospitals, clinics,
proper case, under the Revised Penal Code. nurseries, day- care centers, or other child-caring institutions who can be offered for the
purpose of child trafficking.
Important Notes
• Sec. 5 lists all those who are considered to have committed child prostitution, Sec. 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use,
including procurers, inducing a person to be a client of a child prostitute, those who persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows,
take advantage of their relationships with children, etc. whether live or in video, or model in obscene publications or pornographic materials or to sell
• Included are those who manage clubs, saunas, hotels & other such establishments or distribute the said materials shall suffer the penalty of prision mayor in its medium period.
that also run child prostitution rings If the child used as a performer, subject or seller/distributor is below 12 years of age, the
penalty shall be imposed in its maximum period.
There are two types of sexual abuse: Any ascendant, guardian, or person entrusted in any capacity with the care of a child who
(1) Pimp – inducing people to have sex with a child shall cause and/or allow such child to be employed or to participate in an obscene play, scene,
(2) You are the actual sexual abuser act, movie or show or in any other acts covered by this section shall suffer the penalty of
prision mayor in its medium period.
Under pimping, there is such a thing as an attempt to prostitute. This includes when a
foreigner or other person is seen with a child in an isolated place – in a car, hotel, or bar. You M: For example, forcing a child to dance in public until he cries (Willy!)
may already be caught for this, as attempt to prostitute. There is a presumption of enticing.
Sec. 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions
Under the person being the actual sexual abuser, when you are seen with a child in a massage Prejudicial to the Child’s Development. —
parlor, in a health club, etc. this falls under this second category. (a) Any person who shall commit any other acts of child abuse, cruelty or exploitation
or be responsible for other conditions prejudicial to the child’s development including those
Sec. 7. Child Trafficking. – Any person who shall engage in trading and dealing with children covered by Article 59 of PD No. 603, as amended, but not covered by the Revised Penal
including, but not limited to, the act of buying and selling of a child for money, or for any Code, as amended, shall suffer the penalty of prision mayor in its minimum period.
other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion (b) Any person who shall keep or have in his company a minor, 12 years or under or
perpetua. The penalty shall be imposed in its maximum period when the victim is under 12 who is 10 years or more his junior in any public or private place, hotel, motel, beer joint,
years of age. discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist
resort or similar places shall suffer the penalty of prision mayor in its maximum period & a

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fine of not less than P50,000.00: Provided, That this provision shall not apply to any person shall be entitled to protection, survival and development consistent with the customs and
who is related within the fourth degree of consanguinity or affinity or any bond recognized traditions of their respective communities.
by law, local custom & tradition, or acts in the performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this
Act to keep or have in his company a minor as provided in the preceding paragraph shall Sec. 22. Children as Zones of Peace. — Children are hereby declared as Zones of Peace. It
suffer the penalty of prision mayor in its medium period and a fine of not less than shall be the responsibility of the State and all other sectors concerned to resolve armed
P40,000.00: Provided, however, That should the perpetrator be an ascendant, step- parent or conflicts in order to promote the goal of children as zones of peace. To attain this objective,
guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum the following policies shall be observed:
period, a fine of not less than P50,000.00, & the loss of parental authority over the minor. (a) Children shall not be the object of attack and shall be entitled to special respect.
(d) Any person, owner, manager or one entrusted with the operation of any public or They shall be protected from any form of threat, assault, torture or other cruel, inhumane or
private place of accommodation, whether for occupancy, food, drink, or otherwise, including degrading treatment;
residential places, who allows any person to take along with him to such place or places any (b) Children shall not be recruited to become members of the Armed Forces of the
minor herein described shall be imposed a penalty of prision mayor in its medium period and Philippines or its civilian units or other armed groups, nor be allowed to take part in the
a fine of not less than P50,000.00, & the loss of the license to operate such a place or fighting, or used as guides, couriers, or spies;
establishment. (c) Delivery of basic social services such as education, primary health and emergency
(e) Any person who shall use, coerce, force or intimidate a street-child or any other relief services shall be kept unhampered;
child to: (d) The safety and protection of those who provide services including those involved in
(1) Beg or use begging as a means of living; fact-finding missions from both government and non-government institutions shall be
(2) Act as conduit or middleman in drug trafficking or pushing; or ensured. They shall not be subjected to undue harassment in the performance of their work;
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its (e) Public infrastructure such as schools, hospitals and rural health units shall not be
medium period to reclusion perpetua. utilized for military purposes such as command posts, barracks, detachments, and supply
depots; and
M: This is like a catch-all provision. But as SC held, the qualifier in Section 10 is that the (f) All appropriate steps shall be taken to facilitate the reunion of families temporarily
abuse must be for the purpose of denigrating or lowering the dignity of a child. For example, separated due to armed conflict.
X got mad at this child, Y, who always calls X ugly. X got so mad he hit Y in the head. Will
a case against X prosper?
Held: No. X was just annoyed, but not for the purpose of denigrating the dignity of the child.
Hence, not all physical contact constitutes abuse.

Sec. 12. Employment of Children. — Children below 15 years of age may be employed:
Provided, that, the following minimum requirements are present:
(a) The employer shall secure for a work permit from the Department of Labor and
Employment; Sec. 27. Who May File a Complaint — Complaints on cases of unlawful acts committed
(b) The employer shall ensure the protection, health, safety, & morals of the child; against children as enumerated herein may be filed by the following:
(c) The employer shall institute measures to prevent exploitation or discrimination taking into (a) Offended party;
account the system & level of remuneration, & the duration and arrangement of working (b) Parents or guardians;
time; & (c) Ascendant or collateral relative within the third degree of consanguinity;
(d) The employer shall formulate & implement continuous program for training & skill (d) Officer, social worker or representative of a licensed child-caring institution;
acquisition of the child. (e) Officer or social worker of the DSWD;
(f) Barangay chairman; or
Sec. 17. Survival, Protection and Development. — In addition to the rights guaranteed to (g) At least 3 concerned, responsible citizens where the violation occurred.
children under this Act and other existing laws, children of indigenous cultural communities

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Add Sec. 29 – Mel emphasized that this is important. o The husband paid partly by the conjugal funds of his 1 st marriage &
In actual practice, photos of children should be blurred. partly by his own separate exclusive funds
o The last installment was made in 1976 during the 2 nd valid marriage using
TITLE X. – EMANCIPATION & AGE OF MAJORITY conjugal funds of the 2nd marriage
(Virtually repealed because now emancipation only occurs at 18 & cannot be earlier) o SC held that the property is part of the CPG of the 2 nd marriage by virtue
of Art. 118, FC which became law on Aug. 3 1988
TITLE XI. – SUMMARY JUDICIAL PROCEEDINGS IN FAMILY LAW
[REREAD THIS ENTIRE THING] Vested Rights
• Retroactivity will not take effect if vested rights are involved
Rule 45 v. Rule 65 • A vested right – an immediate & fixed right of present & future payment o No
longer in doubt or in controversy o Not contingent o Already fixed & absolute
TITLE XII. – FINAL PROVISIONS • Inchoate right - A state of activity or entitlement that is characterized by partial
completion of an intended outcome or status. The notion of inchoate comes into
Art. 254. Titles III, IV, V, VI, VII, VIII, IX, XI and XV of Book I of RA 386, otherwise play most often in a legal sense, as it could refer to an inchoate transaction between
known as the Civil Code of the Philippines, as amended, & Articles 17, 18, 19, 27, 28, 29, 30, two parties, where the tentative terms of an agreement have been discussed and it's
31, 39, 40, 41, and 42 of PD 603, otherwise known as the Child & Youth Welfare Code, as plausible that the deal will go through, but no formal agreement has yet been
amended, & all laws, decrees, executive orders, proclamations, rules & regulations, or parts signed.
thereof, inconsistent herewith are hereby repealed.

CIVIL CODE OF THE PHILIPPINES

Repealing Provision
• For any implied repeals to operate, there must be substantial irreconcilable conflict TITLE X. FUNERALS
in connection with provisions in existing & prior acts with those of FC
Art. 305. The duty & the right to make arrangements for the funeral of a relative shall be in
Art. 255. If any provision of this Code is held invalid, all the other provisions not affected accordance with the order established for support, under Art. 199 of the Family Code. 41 In
thereby shall remain valid. case of descendants of the same degree, or of brothers & sisters, the oldest shall be preferred.
In case of ascendants, the paternal shall have a better right.

Separability Arrangements
• The invalidity of one provision will not necessarily invalidate the whole law • Art. 199, FC states that the duty should devolve as follows:
• However, the invalidity of a particular provisions invalidates those other provisions o 1st – Spouse; in his absence or incapacity,
which are affected by the said invalidity o 2nd – Descendants in the nearest degree; in absence or incapacity,
§ Preferred: the eldest descendant o 3rd –
Art. 256. This Code shall have retroactive effect insofar as it does not prejudice or impair
Ascendants in the nearest degree;
vested or acquired rights in accordance with the Civil Code or other laws.
§ Preferred: the paternal side o 4th – In the absence
of all the above, the brothers & sisters
Retroactive Effect § Preferred: the eldest sibling
• Generally not favored
• CASE: Jovellanos v. CA – A husband, during his 1st marriage in 1955, entered into
Art. 306. Every funeral shall be in keeping with the social position of the deceased.
a contract to sell in installment over a specific property but the contract said the title
would only fully vest upon the payment of the final installment.

41 Previously Art. 294 of the CC

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 Art. 307. The funeral shall be in accordance with the expressed wishes of the deceased. In the
absence of such expression, his religious beliefs or affiliation shall determine the funeral rites.
In case of doubt, the form of the funeral shall be decided upon by the person obliged to make
arrangements for the same, after consulting the other members of the family.

Kinds of Funerals Art. 358. Every parent and every person holding substitute parental authority shall see to it
• The wishes of the deceased will mainly be followed as a sign of respect o In the that the rights of the child are respected & his duties complied with, & shall particularly, by
absence of such expression, his religious beliefs or affiliation will be followed precept & example, imbue the child with high-mindedness, love of country, veneration for the
o In case of doubt, the form of the funeral shall be decided upon by the national heroes, fidelity to democracy as a way of life, & attachment to the ideal of permanent
person obliged to make arrangements for the same, after consulting the world peace.
other members of the family
Art. 359. The government promotes the full growth of the faculties of every child. For this
Art. 308. No human remains shall be retained, interred, disposed of or exhumed without the purpose, the government will establish, whenever possible:
consent of the persons mentioned in Art. 294 & 305. (1) Schools in every barrio, municipality & city where optional religious instruction
shall be taught as part of the curriculum at the option of the parent or guardian;
(2) Puericulture and similar centers; (3) Councils for the Protection of Children; &
Art. 309. Any person who allows disrespect to the dead, or wrongfully interferes with a (4) Juvenile courts.
funeral shall be liable to the family of the deceased for damages, material & moral.
Art. 360. The Council for the Protection of Children shall look after the welfare of children in

Art. 257. This Code shall take effect one year after the completion of its publication in a Art. 310. The construction of a tombstone or mausoleum shall be deemed a part of the
newspaper of general circulation, as certified by the Executive Secretary, Office of the funeral expenses, & shall be chargeable to the ACP/CPG, if the deceased is one of the
President. Publication shall likewise be made in the Official Gazette. spouses.
the municipality. It shall, among other functions: (1) Foster the education of every child in the
municipality;
(2) Encourage the cultivation of the duties of parents;
TITLE XIII. – CARE & RESPECT FOR CHILDREN (3) Protect & assist abandoned or mistreated children, & orphans;
(4) Take steps to prevent juvenile delinquency;
Art. 356. Every child: (5) Adopt measures for the health of children;
(1) Is entitled to parental care; (6) Promote the opening & maintenance of playgrounds;
(2) Shall receive at least elementary education; (7) Coordinate the activities of organizations devoted to the welfare of children, & secure
(3) Shall be given moral & civic training by the parents or guardian; their cooperation.
(4) Has a right to live in an atmosphere conducive to his physical, moral and intellectual
development. Art. 361. Juvenile courts will be established, as far as practicable, in every chartered city or
large municipality.
Art. 357. Every child shall:
(1) Obey and honor his parents or guardian; Art. 362. Whenever a child is found delinquent by any court, the father, mother, or guardian
(2) Respect his grandparents, old relatives, & persons holding substitute parental authority; may in a proper case be judicially admonished.
(3) Exert his utmost for his education & training;
(4) Cooperate with the family in all matters that make for the good of the same.

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Art. 363. In all questions on the care, custody, education and property of children, the latter’s (2) Surname or family name o Identifies him to the family that he belongs, & is
welfare shall be paramount. No mother shall be separated from her child under seven years of passed from parent to child
age, unless the court finds compelling reasons for such measure. o Fixed by law
• 5 characteristics of a name
Class Notes (A) (1) It is absolute, intended to protect the individual from being confused with
• Remember Roe v. Doe – If you do not follow a reasonable demand as a child, your others
parents have the right to withhold support from you (2) It is obligatory in certain respects, for nobody can be without a name
(3) It is fixed, unchangeable, or immutable, at least at the start, and maybe
TITLE XIII. THE USE OF SURNAMES changed only for good cause & (for surnames) by judicial proceedings
(4) It is outside the commerce of man, & therefore inalienable &
Q: Can you use “junior” if you are a woman? intransmissible by act inter vivos or mortis causes (5) It is imprescriptible
A: No, because the law explicitly says sons. • Middle names – legal significance because it identifies maternal lineage o A middle
Q: Is the name “Mrs. Corazon Aquino” correct? name cannot be just dropped without compelling or justifiable reasons (ex. Can’t be
A: No. What is correct is “Mrs. Benigno Aquino.” The correct way to use “Mrs.” Is it should dropped because it’s inconvenient)
be with the name of the husband.
Q: Can a woman who had her marriage annulled use the surname of her ex-husband? Art. 364. Legitimate & legitimated children shall principally use the surname of the father.
A: Yes.
Legitimate & Legitimated Children
Changing Names • They can use the surname of the father or the mother
First name, nickname – LCR • There is no legal obstacle if the child chooses to use the surname of the mother, as
Surname – he is equally entitled to do so
GR: Always go to court
EXC: Art. 365. An adopted child shall bear the surname of the adopter.
1. Clerical error
2. Change of the surname of an illegitimate child from the mother’s surname from the Art. 366. A natural child acknowledged by both parents shall principally use the surname of
father’s surname (LCR) the father. If recognized by only one of the parents, a natural child shall employ the surname
of the recognizing parent.
Birthdate
Month and day of birth – LCR Art. 367. Natural children by legal fiction shall principally employ the surname of the father.
Year of birth – Court
Art. 368. Illegitimate children shall bear the surname of the mother.
Surnames & Middle Names
• A person’s name is the designation by which he is called in the community in
Illegitimate Children
which he lives & is best known
• Under the FC, there are only 2 classes of children: legitimate or illegitimate
• It is defined as the word or combination of words by which a person is
• Art. 176, FC: Illegitimate children shall principally use the surname of the mother,
distinguished from other individuals &, also, as the label which he bears for the
& shall be entitled to support in conformity with the FC. o Child may use the
convenience of the world at large addressing him, or in speaking of or dealing with
surname of their father if their filiation has been expressly recognized by the father
him.
through the record of birth appearing in the civil register, or when an admission in a
• It is a matter of personal & public interest o Every person must have a name
public document or private handwritten instrument is made by the father
• 2 parts in an individual’s name o Provided, the father has the right to institute an action before the regular
(1) Given or proper name o Given at birth or at baptism, to distinguish courts to prove non-filiation during his lifetime
him from others o Freely chosen by the parents
• Have no middle name if father does not acknowledge them

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 o For Sta. Maria, she should have been allowed to change the surname to
When is the father’s surname used? 1) her own surname
For legitimate kids
2) For legitimated kids Art. 371. In case of annulment of marriage, & the wife is the guilty party, she shall resume
3) For adopted kids her maiden name & surname. If she is the innocent spouse, she may resume her maiden name
4) For illegitimate kids who the father acknowledges & surname. However, she may choose to continue employing her former husband’s surname,
unless:
Art. 369. Children conceived before the decree annulling a voidable marriage shall principally (1) The court decrees otherwise, or
use the surname of the father. (2) She or the former husband is married again to another person.

Annulment
Conception inside an Annullable Marriage • Scenario: Maria Clara marries Juan dela Cruz. She is then known as Maria
• Annullable marriage – valid until terminated o Children conceived or born in Clara-dela Cruz o If they get an annulment, & it is her fault, she will revert back to
marriages that are annulled are legitimate, because the marriage is valid until using
annulled Maria Clara o If they get an annulment & it is not her fault, she can keep
• Vital word in this provision: conceived! using Maria Clara-dela Cruz depending on her own choice, unless:
§ The court decrees otherwise
Null Marriage § She marries Sean America, in which case she will follow Art.
• When a marriage is nullified, one cannot use the name of her spouse anymore 370

Art. 370. A married woman may use: Art. 372. When legal separation has been granted, the wife shall continue using her name &
(1) Her maiden first name & surname & add her husband’s surname, or surname employed before the legal separation.
(2) Her maiden first name & her husband’s surname, or
(3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as Legal Separation
“Mrs.” • Wife may keep using her name before the legal separation, since the marriage is not
dissolved in such a decree
Four Ways a Woman Can be Named After Marriage
(1) Her maiden first name & surname, & the surname of her husband Art. 373. A widow may use the deceased husband’s surname as though he were still living, in
(2) Her maiden first name & her husband’s surname accordance with Art. 370.
(3) Her husband’s full name, with a prefix such as “Mrs.” to indicate that she is his
wife Art. 374. In case of identity of names and surnames, the younger person shall be obliged to
(4) Her own maiden name use such additional name or surname as will avoid confusion.

Married Woman Identity of Names

• Art. 370 is merely directory – when a woman marries, she does not change her • If parents want to name their child after a godparent who is not related to them, the
name; only her civil status said son must use an additional name to avoid confusion
• CASE: Remo v. Hon. Sec. of Foreign Affairs – A woman who initially uses her o Example: If the godfather’s name is Juan dela Cruz, the godson should use
first name & her husband’s surname in her passport cannot change the name to her an additional name like Juan Pedro dela Cruz
maiden name upon passport renewal.
o SC ruled that her name can only be changed in subsequent renewals, if Art. 375. In case of identity of names & surnames between ascendants & descendants, the
she annulled or nullified her marriage or a valid divorce was obtained word “Junior” can be used only by a son. Grandsons & other direct male descendants shall
abroad either:

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(1) Add a middle name or the mother’s surname, or § Status of the petitioner o Possible corrections include:
(2) Add the Roman numerals II, III, and so on. § Misspelled name or misspelled place of birth or the like o Who may file?
The one who wants his name changed, as he has a direct & personal interest in the case
Identity of Names Between Ascendants & Descendants
• Only sons can use “Junior” o Example: The son of Juan dela Cruz is Juan Sec. 4. Grounds for Change of First Name or Nickname. — The petition for change of first
dela Cruz Jr. name or nickname may be allowed in any of the following cases:
o Any direct descendant of Juan dela Cruz Jr. must use Roman numerals II, (1) The petitioner finds the first name or nickname to be:
III, so on a. Ridiculous
§ If Juan dela Cruz Jr. marries Rica Santos has a son, he shall be b. Tainted with dishonor or
either: c. Extremely difficult to write or pronounce;
• Juan Ricardo dela Cruz (2) The new first name or nickname has been habitually & continuously used by the
• Juan dela Cruz III petitioner & he has been publicly known by the first names or nicknames in the community;
• Juan Santos-dela Cruz or
§ If Juan dela Cruz names his son after his father, Robert dela (3) The change will avoid confusion.
Cruz, his son would be Robert dela Cruz II
Form and Contents of the Petition
Art. 376. No person can change his name or surname without judicial authority. • The petition shall be in the form of an affidavit, subscribed & sworn to before any
person authorized by law to administer oaths.
INTERMISSION: R.A. 9048 o The affidavit shall set forth facts necessary to establish the merits of the
petition & shall show affirmatively that the petitioner is competent to
RA 9048 (as amended by R.A. 10172) testify to the matters stated.
• Art. 366 & 412 of the Civil Code have been amended by RA 9048 o “An Act o The petitioner shall state the particular erroneous entries which are sought
Authorizing the City or Municipal Civil Registrar or the Consul General to Correct to be corrected &/or the change sought to be made.
a Clerical or Typographical Error in an Entry &/or Change of First Name or • The petition shall be supported with the following documents:
Nickname in the Civil Register Without Need of Judicial Order. Amending for this (1) A certified true machine copy of the certificate or of the page of the registry
Purpose Art. 376 & 412 of the book containing the entry or entries sought to be corrected or changed; (2) At least
Civil Code of the Philippines” – signed into law on March 22, 2001 o 2 public or private documents showing the correct entry or entries upon which the
Sec. 1. No entry in a civil register shall be changed or corrected without a correction or change shall be based; &
judicial order, EXCEPT (3) Other documents which the petitioner or the city or municipal civil registrar, or the
§ For clerical or typographical errors consul general may consider relevant and necessary for the approval of the petition.
• A mistake committed in the performance of clerical • In case of change of first name or nickname, the petition shall likewise be supported
work in writing, copying, transcribing or typing an with the documents mentioned in the immediately preceding paragraph.
entry in the civil register that is harmless o Also, the petition shall be published at least once a week for 2
& innocuous consecutive weeks in a newspaper of general circulation.
• Visible to the eye & obvious to the understanding o Furthermore, the petitioner shall submit a certification from the
§ For change of first name or nickname which can be corrected or appropriate law enforcement agencies that he has no pending case
changed by the concerned city or municipal civil registrar or
consul general in accordance with the provisions of this Act Sec. 7. Duties and Powers of the Civil Registrar General. — The civil registrar general shall,
and its implementing rules and regulations within 10 working days from receipt of the decision granting a petition, exercise the power to
o No corrections can involve: impugn such decision by way of an objection based on the following grounds:
§ Nationality petitioner (1) The error is not clerical or typographical;
§ Sex of the petitioner

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(2) The correction of an entry or entries in the civil register is substantial or controversial as it • CASE: Calderon v. Republic – SC allowed the change of surname of an illegitimate
affects the civil status of a person; or child if this would be for the best interest of the child, to the surname of his
(3) The basis used in changing the first name or nickname of a person does not fall under Sec. mother’s 2nd husband who is not his real father.
4.
Effect of Change of Surname
Class Notes • Does NOT alter family relations, rights or duties, legal capacity, civil status or
• General rule for changing official records: Art. 376 – a judicial proceeding is citizenship
required
o Exceptions: Nature of Proceedings
§ RA 9048 (first names & nicknames, clerical errors) • Governed by Rule 103 of the Rules of Court o One has to appear in court for the
§ RA 10172 (you can change date of birth, gender if you have petition o Any interested person may appear & oppose the hearing
proofs) o Refers to change of surname since change of first name does not need
judicial order
Change of Surname & Nickname
• A change of name is a privilege, & not a right R.A. 10172
• There must be proper cause & compelling reason as justification
• Change of given name or nickname can be effected through the LCR o Reviewable RA 10172
by the Office of the Civil Registrar General & finally the courts • Authorized changes in date of birth & sex of a person which are simply clerical
• Change of surname can only be done as a matter of judicial discretion o A person is errors without judicial order:
not allowed to use a surname he is not permitted to employ under the law
SEC. 3. Section 5 of the Act (RA9048) is hereby amended to read as follows:
Reason for Allowing Change of Names “SEC. 5. Form and Contents of the Petition. – The petition for correction of a clerical or
• To give a person an opportunity to improve his or her personality & to promote his typographical error, or for change of first name or nickname, as the case may be, shall be in
or her best interest the form of an affidavit, subscribed and sworn to before any person authorized by law to
• The reasons for change of name or nickname are in Sec. 4, RA 9048 administer oaths. The affidavit shall set forth facts necessary to establish the merits of the
• Examples of reasonable causes to change name: petition and shall show affirmatively that the petitioner is competent to testify to the matters
o A ridiculous name, a name tainted with dishonor or a name extremely stated. The petitioner shall state the particular erroneous entry or entries, which are sought to
difficult to pronounce be corrected and/or the change sought to be made.
o A need to avoid confusion o A change of civil status The petition shall be supported with the following documents:
(1) A certified true machine copy of the certificate or of the page of the registry book
o A sincere desire by a former alien to erase signs of a former nationality,
containing the entry or entries sought to be corrected or changed;
which duly hamper social & business life
(2) At least 2 public or private documents showing the correct entry or entries upon which
• CASE: Silverio v. Republic – A man who had a sex reassignment surgery cannot
the correction or change shall be based; and
change his name to a female’s name in his birth certificate because it is seen as
(3) Other documents which the petitioner or the city or municipal civil registrar or the
unnatural.
consul general may consider relevant and necessary for the approval of the petition.
• CASE: Republic v. Cagandahan – A woman who is diagnosed with CAH & has
No petition for correction of erroneous entry concerning the date of birth or the sex of a
both male & female characteristics can change her birth certificate name to a man’s
person shall be entertained except if the petition is accompanied by earliest school record or
name because she personally is inclined to being male due to her body.
earliest school documents such as, but not limited to, medical records, baptismal certificate
• CASE: Moore v. Republic – A divorced woman wanted her son from a previous
and other documents issued by religious authorities; nor shall any entry involving change of
marriage to have the surname of her husband in her 2 nd marriage, because her 2nd
gender corrected except if the petition is accompanied by a certification issued by an
husband treats her son like his own. SC rejected this because PH law does not allow
accredited government physician attesting to the fact that the petitioner has not undergone
a legitimate son to be given the surname of anyone other than his own father.
sex change or sex transplant. The petition for change of first name or nickname, or for

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correction of erroneous entry concerning the day and month in the date of birth or the sex of Art. 380. Except as provided in the preceding article, no person shall use different names &
a person, as the case may be, shall be published at least once a week for 2 consecutive weeks surnames.
in a newspaper of general circulation. Furthermore, the petitioner shall submit a certification
from the appropriate law enforcements, agencies that he has no pending case or criminal Pen Names or Stage Names
record. The petition and its supporting papers shall be filed in 3 copies to be distributed as • So that a pen name or stage name cannot be usurped, it should be registered
follows: first copy to the concerned city or municipal civil registrar, or the consul general; & patented o Following this, said names cannot be used by others without suffering
second copy to the Office of the Civil Registrar General; and third copy to the petitioner.” damages if sued

Combined Rules of R.A. 9048 & R.A. 10172 TITLE XIV. – ABSENCE
• Combining R.A. 9048 & R.A. 10172, these cannot be changed without judicial
order: 1) Nationality CHAPTER 1: PROVISIONAL MEASURES IN CASE OF ABSENCE
2) Status
• Date of birth or sex is changeable if accompanied by: Art. 381. When a person disappears from his domicile, his whereabouts being unknown, &
1) Earliest school record or earliest school documents such as, but not limited to, without leaving an agent to administer his property, the judge, at the instance of an interested
medical records, baptismal certificate & other documents issued by religious party, a relative, or a friend, may appoint a person to represent him in all that may be
authorities necessary.
2) [For sex] A certification issued by an accredited government physician This same rule shall be observed when under similar circumstances the power conferred by
attesting to the fact that the petitioner has not undergone sex change or sex the absentee has expired.
transplant
Art. 382. The appointment referred to in the preceding article having been made, the judge
Art. 377. Usurpation of a name & surname may be the subject of an action for damages and shall take the necessary measures to safeguard the rights & interests of the absentee and shall
other relief. specify the powers, obligations & remuneration of his representative, regulating them,
according to the circumstances, by the rules concerning guardians.
Art. 378. The unauthorized or unlawful use of another person’s surname gives a right of
action to the latter. Art 383. In the appointment of a representative, the spouse present shall be preferred when
there is no legal separation.
Usurpation of a Name If the absentee left no spouse, or if the spouse present is a minor, any competent person may
• CASE: Tolentino v. CA – Current wife filed an action to prevent the former wife of her be appointed by the court.
husband from using the surname of the husband. The court ruled, however, that
there was no usurpation. Court Appointment
o The records do not show that the former wife had legally remarried; the • Necessary that the appointment of a representative of an absentee be made by way
public is also aware of the difference between the 2 of them of a court order
o Elements of Usurpation of a Name: • Even the spouse must file an application for appointment with the courts with
1) There is actual use of another’s name by the defendant respect to the properties of his own absent spouse (in accordance with Art. 142 of
2) The use is unauthorized the Family Code)
3) The use of another’s name is to designate personality or identify a • Art. 142, FC: Spouse may file a petition to administer the exclusive property of his
person spouse when:
1) When one spouse becomes the guardian of the other;
Art. 379. The employment of pen names or stage names is permitted, provided it is done in 2) When one spouse is judicially declared an absentee;
good faith & there is no injury to third persons. Pen names & stage names cannot be usurped. 3) When one spouse is sentenced to a penalty which carries with it
civil interdiction; or

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 4) When one spouse becomes a fugitive from justice or is hiding • Intestate heirs include the legitimate & illegitimate relatives of the deceased, the
as an accused in a criminal case. spouse & the collateral relatives
If the other spouse is not qualified by reason of incompetence, conflict of
interest, or any other just cause, the court shall appoint a suitable person Interested Party
to be the administrator. • Those who may have a right subordinated to the condition of the absentee’s death
may seek the judicial declaration of absence
CHAPTER 2: DECLARATION OF ABSENCE • Example: X, while still present, executed a valid contract with Y stating that, if he
dies in 1994, Y will have the right to repurchase his former house which was sold to
Art. 384. 2 years having elapsed without any news about the absentee or since the receipt of X while X was still present.
the last news, & 5 years in case the absentee has left a person in charge of the administration o Y has the right to repurchase the former house which was sold to the
of his property, his absence may be declared. absentee when the latter was still present & can now file for a JD of
absence
Art. 385. The ff. may ask for the declaration of absence:
(1) The spouse present; Effectivity of Judicial Declaration
(2) The heirs instituted in a will, who may present an authentic copy of the same; • LAST NEWS = COUNT OF ABSENCE
(3) The relatives who may succeed by the law of intestacy; o Count does not start from the effectivity of the judicial decree, but from
(4) Those who may have over the property of the absentee some right subordinated to the the date on which the last news of the absentee was received
condition of his death. • Judicial declaration of absence shall not take effect until 6 months after its
publication in a newspaper of general circulation
Art. 386. The judicial declaration of absence shall not take effect until 6 months after its
publication in a newspaper of general circulation. CHAPTER 3: ADMINISTRATION OF THE PROPERTY OF THE ABSENTEE

Judicial Declaration of Absence Art. 387. An administrator of the absentee’s property shall be appointed in accordance with
• Necessary for interested persons to protect their rights, interests & benefits in Art. 383.
connection with the person who has disappeared
• Necessary also to protect the interest of the absentee Art. 388. The wife who is appointed as an administratrix of the husband’s property cannot
alienate or encumber the husband’s property, or that of the conjugal partnership, without
Spouse judicial authority.
• Art. 384/385 refers to separate/exclusive property, not community property o In
community property, both spouses are already administrators Prohibition on Alienation
• JD of absence can be a sufficient cause for involuntary JSOP, & also a bsis for the • Art. 388 refers to both the husband & the wife
termination of the ACP/CPG • Right of spouses to their exclusive properties are respected
• Also a ground for transferring all classes of exclusive properties of a spouse to his • Art. 111, FC – A spouse may mortgage, encumber, alienate or otherwise dispose of
spouse under Art. 142, FC his exclusive property without the consent of the other spouse & appear alone in
• Basis for termination of parental authority under Art. 229, FC court to litigate with regard to the same
• Art. 112, FC – Alienation of any exclusive property of a spouse administered by the
Testamentary Heirs other automatically terminates the administration over such property & the proceeds
• Can be a neighbor, who is not a relative, who is also in the will o He can also of the alienation shall be turned over to the owner-spouse
seek a JD of absence of the testator
Art. 389. The administration shall cease in any of the ff. cases:
Intestate Heirs (5) When the absentee appears personally or by means of an agent;
(6) When the death of the absentee is proved & his testate or intestate heirs appear;

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 (7) When a third person appears, showing by a proper document that he has acquired the
absentee’s property by purchase or other title. Absence
In these cases, the administrator shall cease in the performance of his office, & the property • Means that a person is not at the place of his domicile & his actual residence is
shall be at the disposal of those who may have a right thereto. unknown
o For this reason, his existence is doubtful o HOWEVER, removal is not
Appearance of Absentee enough – there must be disappearance from his domicile & from the
• Appearance can be by absentee himself or his agent knowledge of those with whom he could naturally communicate
• Agency – where a person binds himself to render some service or to do something
in representation or on behalf of another, with the consent or authority of the latter Presumption of Death
• Except for purposes of remarriage, there is no need to file a case to declare that one
Death is presumptively dead o Even a judicial pronouncement is only prima facie & a sign
• Upon the death of a person, the executor mentioned in his will is the appointed of good faith; it is still disputable
administrator of his estate in accordance with his wishes o Even a judicial declaration cannot reach the stage of finality
• If he dies without a will, intestate proceedings will be instituted where a new
administrator of his estate will be appointed No need for court order for Art. 390. There is only a court order needed for remarrying.

Superior Interest Considered dead as of the beginning of the 5 years.

• An administrator has no right to administer property which does not belong to the
owner
• If somebody with a valid document shows that the property being administered Period
really belongs to someone else, the administration of the property will cease
Years Event Legal Effect
CHAPTER 4: PRESUMPTION OF DEATH 2 Since the person was last heard from Judicial Declaration of
5 Since the person was last heard from, but he left Absence in order to
Art. 390. After an absence of 7 years, it being unknown whether or not the absentee still lives, someone to administer the property administer the property of the
he shall be presumed dead for all purposes, except for those of succession. The absentee shall absent person
not be presumed dead for the purpose of opening his succession till after an absence of 10
years. If he disappeared after the age of 75 years, an absence of 5 years shall be sufficient in 2 Since the person was last heard from, in a situation Judicial Declaration of
order that his succession may be opened. where he could be in danger of death Presumptive Death (for
4 Since the person was last heard from remarriage, Art. 41)
Art. 391. The following shall be presumed dead for all purposes, including the division of the
estate among the heirs: 4 Since the person was last heard from, in a situation He is presumed dead for all
(8) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, where he could be in danger of death purposes, including the
who has not been heard of for 4 years since the loss of the vessel or aeroplane; 5 Since the person was last heard from & he division of the estate among
(9) A person in the armed forces who has taken part in war, & has been missing for 4 years; disappeared after the age of 75 years the heirs; no need for a
(10) A person who has been in danger of death under other circumstances and his existence judicial declaration of
has not been known for 4 years. presumptive death

Art. 392. If the absentee appears, or without appearing his existence is proved, he shall 7 Since a person was last heard from He is presumed dead for all
recover his property in the condition in which it may be found, and the price of any property intents & purposes, save for
that may have been alienated or the property acquired therewith; but he cannot claim either succession
fruits or rents. 10 He is presumed dead & his

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 succession can be opened • Example: A & B are brothers. They are the only heirs of their father. A has been
judicially declared an absentee. o Their father dies without a last will & testament,
Missing Person leaving a net estate worth P 100,000.
• Art. 391 declares situations for missing persons under dangerous circumstances o If A were not an absentee, he would have inherited P 50,000. o His share
• Art. 391 does not apply to: goes to B, who will therefor inherit the whole estate. o HOWEVER, if A
o Persons who accidentally fell into the sea while on board a vessel & has kids, the kids will get the P 50,000 which supposedly belonged to A,
consequently drowned because “the vessel was not lost during a sea through their right of representation.
voyage”
o A person who cannot be found in a wreckage of a plane, because the Art. 395. The provisions of the preceding article are understood to be without prejudice to the
plane is not missing action or petition for inheritance or other rights which are vested in the absentee, his
• In case Art. 391 is applicable in a situation, it shall be presumed that the person died representatives or successors in interest. This right shall not be extinguished save by lapse of
at the time he was last heard of & not at the end of the period time fixed for prescription. In the record that is made in the Registry of the real estate which
accrues to the co-heirs, the circumstance of its being subject to the provisions of this article
CHAPTER 5: EFFECT OF ABSENCE UPON THE CONTINGENT RIGHTS OF THE shall be stated.
ABSENTEE
Claim
Art. 393. Whoever claims a right pertaining to a person whose existence is not recognized • In the event that the property supposed to be inherited by the absentee accrues to the
must prove that he was living at the time his existence was necessary in order to acquire said co-heirs, the title or record of the said property in the proper registry of property
right. shall have an annotation stating that, within the prescriptive period, the property can
be subject to claim by any person having an interest in the said property especially
Proof of Existence the absentee, or his or her representative or successors
• If a person is known to be dead & there is a controversy regarding the validity of a • If absentee reappears, he has the right to file a petition to get his rightful inheritance
transaction or contract he allegedly entered into, the person claiming validity must from said co-heirs
prove that the person was alive when the obligation was incurred • 5-year prescription period applies
• If some right exists in favor of a deceased & someone is seeking enforcement, the
latter must prove that the right vested in favor of the deceased while the latter was Art. 396. Those who may have entered upon the inheritance shall appropriate the fruits
still living received in good faith so long as the absentee does not appear, or while his representatives or
• Example: A validly donated a house to X on January 5 1990 & likewise promised successors do not bring the proper actions.
to give another donation of a specific car to X in the event that X would still be
alive on January 2, 1991. Appropriation of Fruits
o On December 25, 1990, X was nowhere to be found. • Anyone who obtains the inheritance of the absentee in accordance with law can
o The heirs of X can claim that the car already belongs to X after January 2, make use or appropriate the fruits of the inheritance as long as they are in good faith
1991 if they can prove X was alive them. • If absentee, his representatives or his successors file a claim in court, those who
may have entered upon the inheritance cannot make such appropriation anymore
Art. 394. Without prejudice to the provisions of the preceding article, upon the opening of a
succession to which an absentee is called, his share shall accrue to his co-heirs, unless he has TITLE XVI. – CIVIL REGISTRY
heirs, assignees, or a representative. They shall all, as the case may be, make an inventory of
the property. Art. 407. Acts, events & judicial decrees concerning the civil status of persons shall be
recorded in the civil registrar.
Accretion
• The disposition of the inheritance of an absentee benefits: o His co-heirs Art. 408. The ff. shall be entered in the civil registrar:
o His own heirs, assignees or representatives (1) Births;

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(2) marriages; • Civil Registry Law does not provide for constructive notice to all persons of any
(3) deaths; document filed with the LCR o Registry of Deeds – considered constructive notice
(4) legal separations; to all persons, unlike LCR documents
(5) annulment of marriages; • Birth records are extremely confidential & cannot be revealed except when obtained
(6) judgments declaring marriages void from the beginning; by those interested therein, namely: 1) The person himself, or a person authorized
(7) legitimations; by him
(8) adoptions; 2) His spouse, his parents, his direct descendants or guardian or institution legally
in charge of him if he is a minor
(9) acknowledgments of natural children;
3) The court or proper public official whenever absolutely necessary in
(10) naturalization;
administrative, judicial or other official proceedings to determine the identity
(11) loss; or
of the child’s parents or other circumstances surrounding his birth
(12) recovery of citizenship;
4) In case of the person’s death, his nearest of kin
(13) civil interdiction;
(14) judicial determination of filiation; Prima Facie Evidence
(15) voluntary emancipation of a minor; and • Evidence remains sufficient to maintain the fact which it seeks to substantiate as
(16) changes of name. (326a) long as it is unrebutted or uncontradicted o Created a presumption of fact
o In case of a conflict between a presumption of fact & a presumption of law,
Art. 409. In cases of legal separation, adoption, naturalization & other judicial orders a presumption of law will prevail
mentioned in the preceding article, it shall be the duty of the clerk of court which issued the • CASE: Babiera v. Catotal – A legitimate child filed a suit to cancel the birth
decree to ascertain whether the same has been registered, & if this has not been done, to send certificate of her housemaid’s child, because the certificate said that the legitimate
a copy of said decree to the civil registry of the city or municipality where the court is child’s father & mother were the real parents of the housemaid’s child.
functioning. o SC held that the regularity of the birth certificate was overcome by the
totality of evidence presented during the trial which sufficiently negated
Art. 410. The books making up the civil register & all documents relating thereto shall be the presumption
considered public documents & shall be prima facie evidence of the facts therein contained.
Art. 411. Every civil registrar shall be civilly responsible for any unauthorized alteration
Public Documents made in any civil register, to any person suffering damage thereby. However, the civil
• Books & documents making up the civil register are considered public documents o registrar may exempt himself from such liability if he proves that he has taken every
Open to the public during office hours reasonable precaution to prevent the unlawful alteration.
• Documents cannot be removed, except by order of a court, in which case the proper
receipt shall be taken Art. 412. No entry in a civil register shall be changed or corrected, without judicial order.
• The LCR may issue certified copies of any documents filed, upon payment of the
proper fees required under the law RA 9048
• Art. 412 has been amended by RA9048, & the discussion of the text is under • Provides for the registration of documents evidencing acquisition or
Art. 376 termination of a particular civil status such as legitimation, adoption, change of
• Deals with corrections in the civil registry which involve merely typographical or name, marriage, termination of such marriage & others clerical errors, just like the concept in Art. 412
ADDITIONAL INFORMATION AND RELATED SPECIAL LAWS
Administrative or Judicial Proceeding
• Except for clerical or typographical errors or change in the name or nickname of a person, a change in the Laws on Marriage Effectivity Date entries
must always pass through judicial order o Clerical errors in surnames – can be changed without judicial Marriage Law of 1929 December 4, 1929 order
o Occupation of parents – can also be changed without judicial order o For the exceptions, the resolution of the
Civil Code of 1950 August 30, 1950
Office of the LCR is reviewable by the Office of the Civil Registrar General & by the courts
The Family Code August 3, 1988
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 § Procedure may be summary or adversarial RA 9262: Anti-Violence Against Women and Children Act
• Adversarial – if the changes involve substantial or Important Provisions controversial matters such as citizenship, Effectivity Date: March 23
2004 nationality, civil status & filiation
• For a change which will alter the status of a person (example, from legitimate to illegitimate Sec. 3. Definition of Terms. – As used in this Act:
filiation), the general rule is that such change cannot be effectuated through Art. 412.
(a) "Violence against women and their children" refers to any act or a series of acts
Rule 108 of the Rules of Court committed by any person against a woman who is his wife, former wife, or against a woman
• Procedural rules for the cancellation or correction of entries in the civil registry with whom the person has or had a sexual or dating relationship, or with whom he has a
• Sec. 1 – Who may file a petition o Any person interested in any act, order or common child, or against her child whether legitimate or illegitimate, within or without the
decree concerning the civil status of persons which has been recorded in the family abode, which result in or is likely to result in physical, sexual, psychological harm or
civil register suffering, or economic abuse including threats of such acts, battery, assault, coercion,
• Sec. 2 – Entries subject to cancellation or correction o The list provided in harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following
Art. 408 may be changed for good & valid grounds through petition acts:
• CASE: Republic v. Valencia – A petition for cancellation/correction of entries A. "Physical Violence" refers to acts that include bodily or physical harm;
in the record of birth if filed & conducted under Rule 108 cannot be described B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman
as or her child. It includes, but is not limited to:
“summary” o In the case, the changes sought in the entries in a record of birth are the ff.: a) Rape, sexual harassment, acts of lasciviousness, treating a woman or her child
1) From “Chinese” to “Filipino” as a sex object, making demeaning & sexually suggestive remarks, physically
2) From “legitimate” to “illegitimate” o SC held that while the case was filed under Art. 412, attacking the sexual parts of the victim's body, forcing her/him to watch
for clerical & innocuous errors which may be corrected by way of summary proceeding, which may obscene publications and indecent shows or forcing the woman or her child to
be correct by summary proceeding, substantial errors (as opposed to merely clerical ones) cannot be do indecent acts and/or make films thereof, forcing the wife & mistress/lover to
corrected under Art. 412; change will be allowed if all the requirements in Rule 108 are fulfilled live in the conjugal home or sleep together in the same room with the abuser;
because in such a case, the petition would become adversarial, which is necessary for substantial b) Acts causing or attempting to cause the victim to engage in any sexual activity
changes in entires by force, threat of force, physical or other harm or threat of physical or other
harm or coercion;
c) Prostituting the woman or child.
Civil Registrar Law (Act. No. 3753) C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or
Art. 413. All other matters pertaining to the registration of civil status shall be governed by emotional suffering of the victim such as but not limited to intimidation, harassment,
special laws. stalking, damage to property, public ridicule, or humiliation, repeated verbal abuse and
mental infidelity. It includes causing or allowing the victim to witness the physical,
sexual or psychological abuse of a member of the family to which the victim belongs,
or to witness pornography in any form or to witness abusive injury to pets or to
unlawful or unwanted deprivation of the right to custody and/or visitation of common
children.
D. "Economic abuse" refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following:

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 1. Withdrawal of financial support or preventing the victim from engaging in any
legitimate profession, occupation, business or activity, except in cases wherein
the other spouse/partner objects on valid, serious and moral grounds as defined
in Article 73 of the Family Code;
2. Deprivation or threat of deprivation of financial resources and the right to the • Economic abuse o Withdrawal of financial support or preventing the victim from engaging in
use and enjoyment of the conjugal, community or property owned in common; any legitimate profession, occupation, business or activity, except in cases wherein the other
3. Destroying household property; spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family
4. Controlling the victims' own money or properties or solely controlling the Code; o Deprivation or threat of deprivation of financial resources and the right to the use and
conjugal money or properties. enjoyment of the conjugal, community or property owned in common;
(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child o Destroying household property;
resulting to the physical and psychological or emotional distress. o Controlling the victims' own money or properties or solely controlling the
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of conjugal money or properties.
psychological and behavioral symptoms found in women living in battering relationships as a
result of cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a person who, knowingly and
without lawful justification follows the woman or her child or places the woman or her child Sec. 4. Construction. – This Act shall be liberally construed to promote the protection and
under surveillance directly or indirectly or a combination thereof. safety of victims of violence against women and their children.
(e) "Dating relationship" refers to a situation wherein the parties live as husband and
wife without the benefit of marriage or are romantically involved over time and on a
continuing basis during the course of the relationship. A casual acquaintance or ordinary
socialization between two individuals in a business or social context is not a dating
relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not result in the
bearing of a common child.
(g) "Safe place or shelter" refers to any home or institution maintained or managed by
the Department of Social Welfare and Development (DSWD) or by any other agency or
voluntary organization accredited by the DSWD for the purposes of this Act or any other
suitable place the resident of which is willing temporarily to receive the victim.
(h) "Children" refers to those below 18 years of age or older but are incapable of
taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim and other children under her care.

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Class Discussion on Section 3
• Any person committing an act against any woman he ever dated, slept with or had children with, including those whom he married, those whom he had affairs with, etc.
• Resulted in physical, sexual, psychological, economic harm
• Harm: includes “mental infidelity,” threats, attempts to limit the woman’s career
• Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the
sexual parts of the victim's body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make
films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;
• Acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or
coercion;
• Prostituting the woman or child.

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Sec. 5. Acts of Violence Against Women and Their Children. – The Sec.
crime8. Protection
of violenceOrders.
against – A protection order is an order issued under this act for the
women and their children is committed through any of the following purpose
acts: of preventing further acts of violence against a woman or her child specified in Sec.
(a) Causing physical harm to the woman or her child; 5 of this Act and granting other necessary relief. The relief granted under a protection order
(b) Threatening to cause the woman or her child physical harm; serves the purpose of safeguarding the victim from further harm, minimizing any disruption
(c) Attempting to cause the woman or her child physical harm; in the victim's daily life, and facilitating the opportunity and ability of the victim to
(d) Placing the woman or her child in fear of imminent physical independently
harm; regain control over her life. The provisions of the protection order shall be
(e) Attempting to compel or compelling the woman or her child enforced by law
to engage enforcement agencies. The protection orders that may be issued under this
in conduct
Act are
which the woman or her child has the right to desist from or desist from the which
conduct barangaythe protection order (BPO), temporary protection order (TPO) and
permanent
woman or her child has the right to engage in, or attempting to restrict protection
or restricting the order (PPO). The protection orders that may be issued under this Act
woman's or her child's freedom of movement or conduct by force orshall threatinclude any,physical
of force, some or all of the following reliefs:
or other harm or threat of physical or other harm, or intimidation directed against the woman
(a)
or child. This shall include, but not limited to, the following acts committed Prohibition
with the purposeof the respondent from threatening to commit or committing,
personally or
or effect of controlling or restricting the woman's or her child's movement or conduct: through another, any of the acts mentioned in Sec. 5 of this Act;
(1) Threatening to deprive or actually depriving the woman or her child of custody to
her/his family; (b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or
otherwise
(2) Depriving or threatening to deprive the woman or her children of financial communicating
supportwith the petitioner, directly or indirectly;
legally due her or her family, or deliberately providing the woman's children
(c) Removal and exclusion of the respondent from the residence of the petitioner,
insufficient financial support;
regardless of ownership of the residence, either temporarily for the purpose of protecting the
(3) Depriving or threatening to deprive the woman or her child of a legal right; and
petitioner, or permanently where no property rights are violated, and if respondent must
(4) Preventing the woman in engaging in any legitimate profession, occupation, business
remove personal effects from the residence, the court shall direct a law enforcement agent to
or activity or controlling the victim's own mon4ey or properties, or solely controlling
accompany the respondent has gathered his things and escort respondent from the residence;
the conjugal or common money, or properties.
(f) Inflicting or threatening to inflict physical harm on oneself
(d) forDirecting
the purpose of
the respondent to stay away from petitioner and designated family or
controlling her actions or decisions; household member at a distance specified by the court, and to stay away from the residence,
(g) Causing or attempting to cause the woman or her childschool, to engage
placeinofany sexual
employment, or any specified place frequented by the petitioner and any
activity which does not constitute rape, by force or threat of force,designated
physical harm, or through
family or household member;
intimidation directed against the woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, (e) personally or through
Directing lawful possession and use by petitioner of an automobile and other
another, that alarms or causes substantial emotional or psychological distress
essential to the woman
personal effects, regardless of ownership, and directing the appropriate law
or her child. This shall include, but not be limited to, the following enforcement
acts: officer to accompany the petitioner to the residence of the parties to ensure that
(1) Stalking or following the woman or her child in public or private places; is safely restored to the possession of the automobile and other essential
the petitioner
(2) Peering in the window or lingering outside the residence of personal
the woman or her or to supervise the petitioner's or respondent's removal of personal
effects,
child; belongings;
(3) Entering or remaining in the dwelling or on the property of the woman or her child
against her/his will; (f) Granting a temporary or permanent custody of a child/children to the petitioner;
(4) Destroying the property and personal belongings or inflicting harm to animals or pets
of the woman or her child; and (g) Directing the respondent to provide support to the woman and/or her child if
(5) Engaging in any form of harassment or violence. entitled to legal support. Notwithstanding other laws to the contrary, the court shall order an
(i) Causing mental or emotional anguish, public ridicule or humiliationappropriate
to the percentage
woman or her of the income or salary of the respondent to be withheld regularly by
child, including, but not limited to, repeated verbal and emotional the respondent's
abuse, and employer
denial of for the same to be automatically remitted directly to the woman.
financial support or custody of minor children of access to the woman'sFailure to remit and/or withhold or any delay in the remittance of support to the woman
child/children.
and/or her child without justifiable cause shall render the respondent or his employer liable
for indirect contempt of court;

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 (h) Prohibition of the respondent from any use or possession of any firearm or deadly
weapon and order him to surrender the same to the court for appropriate disposition by the
court, including revocation of license and disqualification to apply for any license to use or
possess a firearm. If the offender is a law enforcement agent, the court shall
• Police, barangay captain, lawyer

Sec. 11. How to Apply for a Protection Order. – The application for a protection order must
be in writing, signed and verified under oath by the applicant. It may be filed as an
independent action or as incidental relief in any civil or criminal case the subject matter or
issues thereof partakes of a violence as described in this Act. A standard protection order
application form, written in English with translation to the major local languages, shall be
made available to facilitate applications for protections order, and shall contain, among other,
the following information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in Sec. 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
(g) an attestation that there is no pending application for a protection order in another
court.
If the applicant is not the victim, the application must be accompanied by an affidavit of the
applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the
order the offender to surrender his firearm and shall direct the appropriate authority to circumstances of consent given by the victim for the filling of the application. When
•
investigate on the offender
2 concerned and citizens
responsible take appropriate action on
in municipality matter;
where women and kids live disclosure of the address of the victim will pose danger to her life, it shall be so stated in the
application. In such a case, the applicant shall attest that the victim is residing in the
(i) Restitution for actual damages caused by the violence inflicted, including, but not limited municipality or city over which court has territorial jurisdiction, and shall provide a mailing
to, property damage, medical expenses, childcare expenses and loss of income; (j) Directing address for purpose of service processing. An application for protection order filed with a
the DSWD or any appropriate agency to provide petitioner may need; and court shall be considered an application for both a TPO and PPO.
(k) Provision of such other forms of relief as the court deems necessary to protect and Barangay officials and court personnel shall assist applicants in the preparation of the
provide for the safety of the petitioner and any designated family or household member, application. Law enforcement agents shall also extend assistance in the application for
provided petitioner and any designated family or household member consents to such relief. protection orders in cases brought to their attention.

Any of the reliefs provided under this Sec. shall be granted even in the absence of a decree of
legal separation or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a
petitioner from applying for, or the court from granting a TPO or PPO.

Class Discussion
Protection order can force perpetrator to:

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 • Surrender firearms
• Never enter the house where woman resides, regardless of who between the two of them owns it
• Lose custody of their children
• Payment of damages
• Being disallowed to threaten people
• Decrees here shall be granted even without a judicial decree of legal separation, nullity or annulment

Sec.protection
Sec. 9. Who may file Petition for Protection Orders. – A petition for 19. Legalorder
Separation
may beCases. – In cases of legal separation, where violence as specified
filed by any of the following: in this Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed
(a) The offended party; on the main case and other incidents of the case as soon as possible. The hearing on any
(b) Parents or guardians of the offended party; application for a protection order filed by the petitioner must be conducted within the
(c) mandatory period specified
Ascendants, descendants or collateral relatives within the fourth civil degree of in this Act.
consanguinity or affinity;
(d) Officers or social workers of the DSWD or social workers of local government
units
(LGUs);
(e) Police officers, preferably those in charge of women and children's desks; (f)
Punong
Barangay or Barangay Kagawad;
(g) Lawyer, counselor, therapist or healthcare provider of the petitioner;

(h) At least 2 concerned responsible citizens of the city or municipality where the
violence against women and their children occurred and who has personal knowledge of the
offense committed.

Class Discussion: Who can file for the protection order?

• Offended party, parents of party, ascendants, descendants, relatives by consanguinity
• Workers of DSWD

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