ALBANO REVIEW CENTER

LECTURE IN CIVIL LAW

PERSONS AND FAMILY LAW

ARTICLE 2
- After 15 days - Will take effect on the 16th day
- Publication - Due process law in accordance with the constitution.
- Tanada vs Tuvera - Requirement of publication is mandatory.
- Unless otherwise provided - Law may provide a date for effectivity but publication cannot
be dispensed.

ARTICLE 3
- Ignorance of law is not a valid excuse

ARTICLE 4
GR: Laws shall be prospective
EX: Retroactive when law provides.
- BUT it must not impair vested right

- Republic VS CA
- Old Law - A alone and B alone may adopt.
- B filed adoption and was granted.
- New family code was adopted, Husband and wife shall jointly adopt. It was stated in the
law that family code shall be retroactive.
- SC: Whether procedural or substantive, It shall be subject to the condition that it must not
impair vested rights. Thus, Law cannot be given retroactive effect.

- Penal statute may be given retroactive effect subject to the condition that it must be
favorable to the accused who must not be a habitual delinquent or recidivist
- A was tried. During the pendency, Death penalty was enacted = NOT RETROACTIVE because
it is not favorable to the accused.

ARTICLE 5
- A & B are married. They have a conjugal property. Without the consent, It was sold. It is VOID
- Subsequent execution of SPA on the sale executed above - VALID.
- Article 94 & 121: Such sale is void, but it is a CONTINUING OFFER.
- UNLESS LAW AUTHORIZES THE VALIDITY

ARTICLE 6
- Cui Vs Arellano
- Scholarship was forfeited upon transfer of school. Waiver was contrary to public policy
- Renunciation of future inheritance or support is contrary to law.

ARTICLE 9, 10, 11, 12

- If no positive law that governs a particular act, COURT MAY RESORT TO THE CUSTOMS AND
TRADITION OF THE PLACE if proven according to rules on evidence

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- It must not be contrary to law, morals and public policy.

- ASTORGA CASE:
- The middle name of the adopted child shall be the surname of that of the natural mother.
- Even if the child was adopted by another, that child is still an intestate heir of the natural
mother.
- The basis of SC: Customs and traditions of the Filipinos.

ARTICLE 13:
- In computing the period, First day shall be excluded and the last day shall be included.

ARTICLE 14:
- Penal laws are obligatory to those who live and sojourn in the PH
- Exceptions:
1. Accepted principles of public international law
2. Treaties

- Soccoro VS Vandelsen(?)
- Violation of 9262. Foreigner alleged that he is not bound because he is a foreigner.
- SC: Penal Law was applicable because he did not fall under the exceptions.

ARTICLE 15
- Nationality Principle - Status, condition, legal capacity as a filipino will follow you wherever
your are.
- Divorce by Filipinos in US - Contrary to law, public policy and morals

- Republic VS Iyoy
- If not mixed at the time of the celebration, Cannot get married.
- Abandoned already by People vs Orbecido.

- Republic VS Orbecido
- A and B are filipinos. Went to US. A became a US citizen. Filed a divorce.
- Marriage shall be mixed at the time of the filing of divorce. NOT AT THE TIME OF THE
MARRIAGE.
- Filipino can remarry.

- Republic Vs Manalo
- Filipina and Canadian. Filipina went to court in Canada to file a decree of divorce.
Judgment was rendered.
- SC: It is not necessary that it is the foreigner who acquired the decree of divorce. To adhere
to the nationality principle will result to absurdity.

- Vandor Vs Ranillo
- American and Filipina. Filipina obtained a decree of divorce.

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- SC: It would be absurd on the part of the Filipino is he will remain married. It will defeat the
purpose of the law.
- Decree of divorce can be obtained by a Filipino.

- Fujiki VS Marinay
- Joint petition obtained in japan. And petitioned to be recognized in the PH.
- It was granted. If only the foreigner shall be allowed to file a decree of divorce, It will be
violative of equal protection clause.

- 16 years old filipino was married to filipina in another country where such is valid = VOID
because of lack of legal capacity.

- Bigamous marriage celebrated outside PH where it was valid is still void.

ARTICLE 16
- Paragraph 2: In succession, whether testate or intestate, such things are governed by the
national law of the deceased:
1. Intrinsic validity
2. Amount of successional right
3. Order of succession
4. Capacity to succeed (ART 1031)

- Filipino executed a will in US and instituted the wife alone. Can american court admit the will
to probate? No. Violation of Intrinsic validity - Preterition. Intrinsic validity are governed by the
National law.
- If mother is a Chinese and father is Japanese - DOMICILIARY RULE.

- Lex Loci Celebrationis - For as long as it was properly executed according to the law of the
place where it was executed shall be VALID in the PH.

VIP: ARTICLE 15,16,17

ART 18-21 - Damages.

- Intercontinental steel Manufacturing corporation Case

- Married. Miscarriage. Employee applied for Bereavement benefits.
- SC: You do not need to be born in order to due. He was entitled to Bereavement Benefits.

Ymbong vs Ochoa
- Life begins from the fertilization. From then on, he will become dependent of the mother.

- Woman was pregnant. A donated. Is donation valid?

- It depends. If Intrauterine life is less than 7 months, He must survive for a period at least 24
hours in order to be considered born.

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- If Intrauterine life is more than 7 months, Considered born.

MARRIAGE

- Can there be stipulations in marriage contract?

- Yes. In the form of marriage settlements.

- Anonuevo Case:
- SC: If you represent your self as married and living as husband and wife, That is an evidence
of marriage.

- Maria Reyes Vs CA
- Man recognized illegitimate Children. And recognized Maria Reyes as wife. Reyes cannot
present any evidence.
- SC: Marriage can be proven by evidence aliunde. The man was bound by the principle of
estoppel by deed. Hence marriage can be proven even in the absence of a marriage
contract.

- Essential elements of Valid Marriage

A. Legal Capacity
B. Consent

Formal Requisites:
A. License
B. Authority of Solemnizing officer
C. Solemnization of Marriage

- If no consent at all, Void.

- If vitiated, Voidable. Valid until annulled.

PUTATIVE MARRIAGE
- Exception: If parties are not aware of the lack of authority of the solemnizing officer, The
marriage is still VALID.

- Proxy marriage shall not be valid in the PH.

- If Proxy marriage was celebrated outside PH and it was valid there, Marriage is VALID in PH.

- A & B legally capacitated lived together as Husband and wife for a period of 5 years and
more. Both filipinos. No legal impediment.
- No need to acquire license. But they both shall have the legal capacity.

- Ninal Vs Bayadog
- SC: It is a requirement that they are living as husband and wife for a period of at least 5
years and no legal impediment. Otherwise, you are sanctioning immorality.

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- Republic VS Dayot
- 5 years

- SC: If affidavit of cohabitation is false, it is deemed as celebrated without license.

- Republic Vs Albios
- If purpose of contracting marriage is to obtain american citizenship, It is still valid.
- Limited purpose marriage is a VALID marriage

- The law does not compel parties to live as husband and wife. It merely encourages them.
- Law cannot compel parties to love and live together. It is unconstitutional.

- Navarro VS Domagtoy
- Judge solemnized outside the jurisdiction of the court.
- Marriage is still valid but may be administratively, criminally and civilly liable.

ARTICLE 26: Marriages solemnized outside the PH.

- Shall be valid in PH provided that it was valid in the place where it was celebrated.

EXCEPT:
PAR 1,4, 5, 6
Paragraph 5 of Article 35:
Those contracted through mistake of one contract- ing party as to the identity of the other
- Void because there was no consent.

ARTICLE 40: Void Marriage

- Void marriage is an impediment to remarry.
- Mercado VS Tan
- You cannot determine for yourself that your marriage is void. You have to go to a court.

- If there was no registration of the same the marriage is void.

ARTICLE 37:
- Marriage in the direct line no matter how far is VOID. Even if the relationship is legitimate or
illegitimate.
- Police power. To prevent the production of defective children.

ARTICLE 38:
- First degree cousins cannot get married by reason of public policy.
- Step brothers and step sisters can validly marry. - VALID

ARTICLE 36: PSYCHOLOGICAL INCAPACITY

- Dan vs Dan:

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- It should be Mentally and psychologically rooted that will prevent you in complying with your
duties. Not merely physical.

- If there is irreconcilable conflicts between the two of them, They are not psychologically
incapacitated. Merely Physical

- Antonio Vs Reyes
- SC: Granted. Pathological liar.

- Irreconcilable conflict because he is more concerned with his business than his family - Not
psychological incapacity,

CHARACTERISTICS OF PSYCHOLOGICAL INCAPACITY

1. Juridical antecedence - Manifest only after prior to the celebration of the marriage
2. Grave
3. Incurable

- Santos VS CA
- Abandonment of spouse is not a ground for Psychological Incapacity

- Refusal to have sex is not a ground.

- Velasco VS Velasco
- merely CA decision. Not controlling.

- Joint petition is possible for declaration of nullity of marriage. No In pari Delicto in

Psychological Incapacity.

- Sumera Case
- After divorce decree has been obtained, the alien spouse can no longer charge his Filipino
spouse for adultery/ concubinage

-If divorce decree has been obtained by Fiipino spouses from a country allowing it, is Void, since
only mixed marriages are allowed to do so as an exception pursuant to Art. 26.

- Sarte vs People
- A Divorce Decree has been obtained from Canada, however without going to Court he
remarried, hence he is guilty of bigamy since regardless of the DD obtained abroad it did
not automatically vest him the right to remarry absent a decree recognizing the same from
court pursuant to the rules on evidence.

- Macaraig Case
- Annulment due to concealment of pregnancy with another man can’t be given due
course

ARTICLE 46:

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No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall

constitute such fraud as will give grounds for action for the annulment of marriage.

- Article 54
- Children conceived or born before the judgment of annulment or absolute nullity of the
marriage under Article 36 has become final and executory, shall be considered legitimate.
Children conceived or born of the subsequent marriage under Article 53 shall likewise be
legitimate

- Declaration of Presumptive death. (Article 41)

- Allege that your intention is to remarry.
- Allege serious and diligent efforts in locating the spouse. (Strict standard test)
- If defective, You can be charged of Bigamy.
- Can marry without prejudice to the reappearance.

- SSS VS Baylon
- If spouse is declared as presumptively dead, Affidavit of reappearance registered by an
interested person with notice to the spouses in the second marriage is required. 2nd
marriage is automatically terminated.
- Mere physical reappearance does not automatically terminate the 2nd marriage.

- Legal separation case does not become immutable.

Grounds for legal separation:

- Attempt to the life of another. It is sufficient that there is evidence to show that there was an
attempt to the life. No need to charge or be convicted.

- Defenses in legal separation

1. Consent - Given before the act
2. Condonation - Given after
3. Collusion
4. Connivance
5. Mutual Guild
6. Prescription
7. Death

Sy vs Eufenio
- Legal separation is permanent separation especially when one of them is already dead.

- People vs Snickenbergen
- Consent was given by the other spouse. No legal separation
- Condonation shall be given for every act. Condoned individually or separately.
- Even if the prosecutor did not participate or no investigation as to whether there is collusion,
it does not affect the validity of decree of legal separation. It is a mere instrument

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- 5 years from the time the cause of action accrued.

- Cooling off period is mandatory
- Exception to the cooling off period: PHYSICAL VIOLENCE

- ARTICLE 63:
EFFECTS OF LEGAL SEPARATION:

TENDER AGE DOCTRINE - A child below the age of 7 cannot be separated from the mother unless
there is a justifiable ground to award the custody to the husband or any other person.

EXCEPTION:
- Unson vs Unson
- Cohabiting with the brother of the husband.
- The act of the woman of committing adultery is a justifiable reason to award the custody of
the child to the husband or another person because the best interest of the child must be
upheld.

Espiritu Case
- Mother was cough by her child kissing her paramour in their own home, hence the custody of
her child

- ARTICLE 68:
- Duties of husband and wife
- Live, love, support, mutual respect, Help, fidelity
- Merely personal and voluntary act. Cannot be compelled by the court.

- Arroyo vs Vasquez
- Cannot compel to return to the house.

PROPERTY RELATIONS:
- In the absence f law property relations will be governed by customs and traditions
- By default, property relations of husband and wife are governed by ACP
- If they agree to other relations, it must be registered so as to bind third persons
- Property regime agreed upon prior to the celebration of marriage can’t be changed during
marriage unless approved by the Court
- It can only be changed by order of the court e.g. in decrees of Legal Separation, thereafter,
H&W’s PR is governed by Complete Separation of Property
- Mismanagement of ACP, ground for CSP

Partoza-Jo Case
- A & B are married, they are residing in Dumaguete City but the woman was born in
Zamboanguita, Negros Oriental, without any justifiable reason, the man refused and
prevented the woman from returning to the conjugal dwelling after going to Zamboangita.
Hence, the woman after 3 months filed a petition for separation of property on the ground of

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constructive abandonment. The act of preventing the spouse without any justifiable reason,
even though the husband who prevents the wife never left the conjugal dwelling constitutes
physical abandonment. Thus, the petition was granted.

Article 84

- Donations of all present property between husband and wife prior to the celebration of
marriage is valid only up 1/5 thereof if they will be governed by a property regime other than
ACP but if they are governed by the ACP then there is no limit and need for them to execute
a deed of donation since all of their properties will form part of their community of properties
under ACP

Article 87

- MACABINGA vs Cervantes
- If there is prohibition of donation between lawfully wedded people then all the more
that it must be prohibited between common law relationships

- AGAPAY vs Palang Case

- Property bought under a subsequent marriage solemnized while a valid marriage is
subsisting with a money donated by the husband. The property belongs to the first marriage, the
donation being void.

ARCAMA Case
- Donation made by a husband to his other woman who never lived together is valid,
since there has been no cohabitation so as to constitute them as common law husband and
wife, which would thereby bring them within the prohibition.

- In cases of properties commingled after contracting another marriage, which can no longer
be identified which form part of the first and that of the second, then allocate the properties in
proportion to the length of time of each marriages.

Properties comprising ACP (Art. 91 and 93)

Exclusive Property (Art. 92)

Charges/ Obligations of ACP and CPG (Art 94 and 121)

-Mortgage obligation contracted prior to the marriage and would fall due during the marriage
redounding to the benefit of the family should be charged to the ACP/CPG

- Liabilities contracted for the benefit of the company where the spouse is working, who is
likewise acting as a surety thereof, can’t be charged to the ACP/CPG, regardless of the fact
that in acting as surety his salary and benefits have increased, since these are merely
incidental benefits. A surety/ guaranty undertaking does not redound to the benefit of the
family, it even dissipates their property. The benefit redounding to the family as required by
law is not merely incidental but must be direct.

Arts. 96 & 124

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- Encumbering a part of the CP must be done with the consent of the other spouse, otherwise
it’s void. However the transaction will be construed as a continuing offer of the consenting
spouse and 3rd person.

Torres vs Limbo
-The subsequent execution of an SPA authorizing the spouse to sale/encumber would constitute
an acceptance of the sale (continuing offer)

-Signing as a witness on the contract of sale constitutes as a consent, because consent comes in
different forms.

Properties forming part of ACP and CPG

- Properties acquired by gratuitous title (excluded)

- The acquisition of a property during the marriage gives rise to the presumption that the same
belongs to the CPG regardless of its source of fund
- Properties registered under the name of the spouses acquired by funds coming from the
spouse’s inheritance is an exclusive property.
- Properties acquired during the spouses’ separation in fact are CP

COMPLETE SEPARATION OF PROPERTY

- If there is no marriage between A and B, No legal impediment, Living together as husband
and wife, Acquired properties - CO-OWNERSHIP (Art 147)
- If there is Psychological incapacity - co-ownership

- Buenaventura Case

- Physical and actual contribution - Art 148 - If there is legal impediment

- If contracted marriage in bad faith - no share. - Children will receive your part or if no children,
to the innocent spouse.

- Bangayan Vs Bangayan
- Those properties acquired by the father which was recorded under the name of the son
cannot be divided into two. Only those acquired through their joint efforts may be divided
between them.

FAMILY HOME
- House and the land that is devoted to residential purposes.

- Article 151 - Allege prior recourse to compromise. (Earnest efforts)

- Allegation that you went to the barangay is sufficient
- Not a jurisdictional requirement. Mere condition precedent. May be waived if not alleged in
MD
- Suit must be a controversial suit.

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- VDA De Manalo vs CA
- Settlement proceeding is not a controversial suit. It merely determines the heirship

- Basay vs Cadang
- In order for it to be considered a Family home, You must be the owner of the land together
with the house. If the land is merely rented, It cannot be considered as family home.

- Manatoc VS CA
- The Family home must be directly used as a residence. If occupied by the mere overseer, it
will not be considered as a family home. Overseer is not a beneficiary of a family home
hence it is no longer exempted from forced sale, attachment or execution.

- De Mesa vs Acero
- SC: Exemption must be invoked at first opportunity and not during the execution. Thus, such
party waived his right to invoke exemption by means of estoppel.

- Art 159 - No extrajudicial partition of the family home.

- Arriola vs Arriola - Family home is the symbol of LOVE AND UNITY OF THE FAMILY <3 and the
law will not allow you to dissipate for as long as there is a minor living therein.

- Josep vs Mendoza
- Leased the property. Not family home because it is not actually devoted for residential
purposes.

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