PERFAM FINALS REVIEWER

Chapter 1: Marriage
Essential Requisites of Marriage:
1. Legal Capacity
a) Gender
b) Age of Majority – 18 years old
2. Consent - freely given in the presence of the solemnizing officer
Formal Requisites of Marriage: Absence will result to the marriage being void or voidable.
1. Authority of the solemnizing officer
a. Incumbent member of the Judiciary
b. Priest, rabbi, imam, or minister of any church or religious sect
c. Any ship captain or airplane chief
 only in articulo mortis
 between passengers or crew members
 at sea or plane or ports
d. Military commander of a unit to which a chaplain is assigned
e. Consul-general, consul, or vice consul (parties must both be Filipino Citizens)
2. Valid Marriage License – except in cases provided for in chapter 2 of this title.
3. Marriage Ceremony
a. Solemnizing officer
b. Contracting parties
c. 2 witnesses of legal age

 Necessary to appear personally

 Parents’ consent needed: 18 – 20 years old.
 Parental Advice needed: 21-25 years old

Article 34 – “No license required between a man and a woman who have lived together
continually for at least 5 years without any legal impediment.”

Article 35 - Marriages void from the beginning:

1. Those contracted by any party below 18 years of age.
2. Solemnized by a not legally authorized person unless in good faith.
3. No Marriage License, except in Article 27 and 28.
4. Bigamous or Polygamous Marriages not falling under Art 41 (MIA spouse)
5. Mistake of identity
6. Incestuous
a. Ascendant, descendants even adopted, full or half sibling. (Article 37)
7. Marriage in bad faith – intentionally killing the spouse to marry the surviving spouse.
Article 38 – Marriages void by public policy
- Marriage between collateral blood relatives
- Parents and legitimate, illegitimate, or adopted children
- Between legitimate or adopted siblings.
- An adopted child can marry the parents, illegitimate child, and other relatives of the
adopter, whether by consanguinity or affinity.

A person whose spouse disappears for 4 years or 2 years (Danger of Death), in the proper
cases, may marry validly may validly marry again if he or she:
a. Has a well-founded belief that his or her spouse is dead
b. Procures a judicial declaration of presumptive death or obtain the decree of
presumptive death.
c. At the time of the subsequent marriage ceremony, is in good faith together with the
subsequent spouse.

Annullable Marriages – Article 45

CASE REMEDY/RATIFICATION
No parents’ consent : Freely cohabited until both were 21 years of
Parties were 18 – 20 years old age

Unsound Mind : Derangement of the mind Freely cohabited after coming to reason

Consent was obtained by fraud Even after knowing, freely cohabited

Consent was obtained by force,

After ceased, freely cohabited
intimidation, or undue influence
Physical incapability to consummate
Injured party freely cohabited
marriage
Afflicted with sexually-transmitted disease
Cannot be ratified by free cohabitation
which is found to be serious and incurable

Fraud:
1. Non-disclosure of previous conviction by final judgment involving moral turpitude.
 Crimes punishable by the RPC
2. Concealment of the wife about her pregnancy with another man.
 Fake pregnancy not included.
3. Concealment of STD existing at the time of the marriage.
4. Concealment of drug addiction, habitual alcoholism, or homosexuality or lesbianism.
  If a surviving spouse subsequently remarries without liquidating the community or
conjugal properties of the first marriage, the mandatory regime of complete
separation of property shall govern the property regime of the subsequent marriage.
Legal Separation
Article 55 – grounds for legal separation
1. Repeated physical violence or grossly abusive conduct
2. Moral pressure to change religious or political affiliation
3. Attempt to corrupt or induce prostitution or connivance.
4. Imprisonment for more than six years.
5. Drug addiction or habitual alcoholism.
6. Lesbianism or homosexuality.
7. Subsequent bigamous marriage.
8. Sexual Infidelity or perversion
9. Attempt by the respondent against the life of the petitioner (unlawful)
10. Abandonment for more than one year.
Legal separation denied on any of the following grounds:
1. Condonation
2. Consented
3. Connivance
4. Both have given grounds
5. Collusion
6. The action was barred by prescription.
Article 57 – An action for legal separation shall be filed within five years from the time of the
occurrence of the cause.
Effects of Legal Separation:
1. Live separately but marriage still exists.
2. The properties shall be dissolved and liquidated but the offending spouse have no
share of the net profits earned by the property regime.
3. Custody of the children be awarded to the innocent spouse.
4. Offending spouse shall be disqualified from inheriting from the innocent spouse by
intestate succession.
Article 68: “The husband and wife are obliged to live together, observe mutual love, respect,
and fidelity, and render mutual help and support”

 Absent of any property regime – Absolute Community of Property shall govern.

Article 86 - A donation by reason of marriage may be revoked by the donor on the following
cases:
1. Marriage not celebrated or judicially declared void ab initio.
2. Marriage takes place without the consent of the parents or guardians.
 3. Marriage is annulled and the done acted in bad faith.
4. Upon legal separation, the donee being the guilty spouse.
5. If it is with a resolutory condition, and the condition is complied with.
6. When the done has committed an act of in gratitude.
Absolute Community
Article 96: The administration and enjoyment of the community property shall BELONG TO
BOTH SPOUSES jointly.
Additional notes: clips article 96
Rights of the owners:
1. Use
2. Possess
3. Fruits
4. Vindicate
5. Dispose
6. Exclude
Excluded from the community property:
1. Properties acquired during the marriage by gratuitous title.
2. Personal and exclusive properties – except jewelries
3. Properties acquired before the marriage by either spouse who has legitimate
descendants by a former marriage.
Liquidation of ACP:
1. Inventory be prepared
2. Debts and obligations shall be paid out of its assets
3. Whatever remains of the exclusive properties of the spouses shall be delivered to
each of them.
4. Net remainder of the properties of the ACP shall be divided equally.
5. Presumptive legitimes of the common children shall be delivered upon partition.
6. Conjugal dwelling and lot shall be adjudicated to the spouse with whom the majority
of the common children choose to remain.
Article 100 : clip
Conjugal Property of Gains – CPG
Under the regime of CPG:
1. The husband and wife place in a common fund the
a. Proceeds
b. Products
c. Fruits
d. Income from their separate properties and by chance
Exclusive Property of each spouse:
1. Brought to the marriage as his or her own
2. Acquired during the marriage by gratuitous title
- Donations, gift, moderate gifts, shall belong exclusively to the spouse-recipient.
However, the income and fruits of the property shall be considered conjugal.
3. Acquired by redemption, barter, or by exchange with property belonging to only one
of the spouses.
4. Purchased with exclusive money of the wife or of the husband.
Article 110: The spouses retain ownership, possession, administration, and enjoyment of
their exclusive properties.
- Exclusive properties can be transferred to another spouse by public instrument.
For debts and liabilities:
Liabilities shall only be chargeable to the CPG if it benefits the same.
Personal debts – not charged to the CPG unless benefited by it.
Dissolution of CPG
1. Death
2. Legal separation
3. Annulled or void
4. Judicial separation
Article 128 – If a spouse without just cause abandons the family, the aggrieved spouse may
file a petition for judicial separation of property or for authority to be the sole administrator
of the conjugal partnership properties.
Liquidation of CPG:
1. Inventory shall be prepared
2. Amounts advanced to by the CPG shall be credited to the CPG as an asset thereof.
3. Each spouse shall be reimbursed for the use of his or her exclusive funds in the
acquisition of property or for the value of his or her exclusive property.
4. Debts and obligations of the CPG shall be paid out of the conjugal assets.
- In case of insufficiency, the spouses shall be solely liable for the unpaid balance
with their separate properties.
5. Whatever remains of the exclusive properties of the spouses shall be thereafter
delivered to each of them.
6. The loss or deterioration of movables used for the benefit of the family shall be paid
to said spouse from the conjugal funds, if any.
7. The net remainder of the conjugal partnership properties shall constitute the profits
which shall be divided equally between husband and wife.
8. The presumptive legitimes of the common children shall be delivered upon the
partition.
 9. Conjugal dwelling and lot shall be adjudicated to the spouse with whom the majority
of the common children choose to remain.
Article 131 – Whenever the liquidation of the CPG of two or more marriages contracted by
the same person before the affectivity of this Code is carried out simultaneously, the
respective capital, fruits and income of each partnership shall be determined upon such
proof as may be considered according to the rules of evidence. In case of doubt as to which
partnership the existing properties belong, the same shall be divided between the different
partnerships in proportion to the capital and duration of each.

 Spouses cannot alter their property relations after the marriage without judicial
approval.

Article 135 – Any of the following shall be considered sufficient cause for judicial separation
of property.
1. Sentenced to a penal which carries with it civil interdiction.
2. Judicially declared an absentee.
- 2 years have elapsed without any news
- 5 years in case the absentee has left a person in charge of the administration of
his property.
- Needs 6 months of publication before declared.
3. Loss of parental authority decreed by the court.
4. Abandonment or failed to comply with his or her obligations to the family as
provided for in Article 101.
5. Abused the power of administration granted in the marriage settlements.
6. At the time of the petition, the spouses have been separated in fact for at least one
year and reconciliation is highly improbable.

Regime of Separation of Property

- Complete separation of properties and gains.
Obligations:
1. Both spouses shall bear the family expense in proportion to their income, or in case
of insufficiency, to the current market value of their separate properties.
2. Liability of the spouses to creditors for family expenses shall be solidary.

Property Regime of Unions without Marriage

Requisites:
1. Both be capacitated to marry each other
 2. Live exclusively with each other as husband and wife
3. Be without the benefit of marriage or under a void marriage.
Structure of Property Relations – co-ownership and equal shares
Exceptions:
1. Fruits of the separate property.
2. Property acquired after separation.
 When only one of the parties to a void marriage is in good faith, the share of the
property in bad faith in the co-ownership shall be forfeited in favor of their common
children.
Article 148 – Cohabitation not falling under Art. 147
1. Not capacitated to marry
2. Adulterous marriage
3. Bigamous or polygamous marriage
4. Incestuous void marriages – Article 37
5. Void marriages by reason of public policy – Article 38
Structures of the property for cohabitation in Article 148
1. Salaries and wages separately owned, if one of the parties is married, it shall form
part of the property of such legitimate marriage.
2. Property acquired solely by funds of any of the parties shall belong to that party.
3. Only properties acquired by both of the parties through joint contribution shall be
owned by them in common, in proportion to their respective contributions.
4. The respective shares over properties owned in common are presumed to be equal.
Proof is needed to show their contribution and respective shares are not equal.
Without proof, there can be no presumption of co-ownership and equal sharing.
5. If one, who is not validly married, acted in bad faith, his/her share shall be forfeited
to the common children. This shall also apply even if both acted in bad faith.

THE FAMILY
The Family as an institution
Article 149 - Family
- Foundation of the nation
- Basic social institution which public policy cherishes and protects.
Family Relations – governed by law. No custom, practice, or agreement destructive of the
family shall be recognized or given effect.
Includes:
a. Husband and Wife
 b. Parents and children
c. Other ascendants and descendants
d. Brothers and sisters, whether full or half blood.
Article 151: No suit shall prosper between members of the same family
Unless it should appear from the verified complaint or petition that earnest efforts towards
a compromise have been made, but have failed.
If shown that no such efforts were in fact made, the case must be dismissed.
Exempt from criminal liability:
1. Theft
2. Swindling or malicious mischief
Paternity and Filiation
Filiation of children:
- Status of the children can never be compromised.
- By nature or by adoption.
Article 164: Legitimate children:
1. Born and conceived during marriage of the parents.
2. Conceived by artificial insemination – by the husband or donor that both of them
authorized or ratified such in a written instrument executed and signed by them
before the birth of the child.
Article 165: Illegitimate children
1. Conceived and born outside of a valid marriage or inside a void marriage.
Exceptions:
1. Children conceived or born before the judgment of annulment or of absolute
nullity of the marriage, where the ground for the latter is psychological
incapacity, has become final and executory.
2. Children born from a subsequent void marriage due to contracting parties’
failure to comply with articles 52 and 53 (Article 52 – the judgment of annulment
etc should be recorded in the civil registry and registries of property. Article 53 –
subsequent marriage is void if one of the party failed to comply with Article 52.)
Article 166: Grounds for impugning the legitimacy of the child:
1. Physical impossibility – i.e. 120 of the 300 days no intercourse.
a. Physical incapacity – impotence, sterility
b. Living separately
c. Serious illness
2. Proven by biological or other scientific reasons – except by artificial insemination
a. Vasectomy
b. Scientific tests – A-B-O test, HLA (Human Leukocyte Antigen) test, DNA test.
 3. In case of artificial insemination, the written authorization or ratification of either
parent was obtained through mistake, fraud, violence, intimidation, or undue
influence.
- If proven, the child will neither be legitimate or illegitimate on the side of the
husband, the child is only illegitimate on the side of the mother.
Article 168: IF the marriage is TERMINATED and the mother contracted marriage within 300
days after such termination, these rules shall apply:
1. Child born before 180 days AFTER subsequent marriage is considered to have been
conceived during the FORMER MARRIAGE, provided it be born within 300 days after
the termination of the former marriage. (if born inside Red line – child is former’s)

<-------------- [180 days] ------------->

Termination Wedding 2 300 days
Of marriage 1 since termination
of marriage 1

2. A child born AFTER 180 days the subsequent marriage is considered to have been conceived
during second marriage, even though it be born within 300 days after termination of former
marriage.
- Article 168 will apply only in the absence of such proof to the contrary.
- The rules do not give any presumption as to legitimacy or illegitimacy but merely state
when the child is considered to have been conceived.
- The status of the child will depend upon the status of the marriage in which he or she is
considered to have been conceived.

Article 170: prescriptive period for actions to impugn legitimacy of the child:

1. Husband or heirs reside in the same city or municipality where the birth took place or
recorded – 1 year from the KNOWLEDGE of the birth or its recording in the civil registrar.
2. The husband or any heirs do not reside at the place of birth or where it was recorded:
a. Reside in the Philippines – 2 years
b. Abroad – 3 years
3. If the birth was concealed or was unknown t the husband or his heirs – the period shall be
counted from the discovery or knowledge of the birth or of the fact of registration of such
birth, whichever is earlier.

Article 174: Rights of legitimate children

1. To bear the surname of the father and mother

2. To receive support from their parents, ascendants, brothers or sisters
3. To be entitled to the legitimes and other successional rights.

Article 175: Illegitimate children’s filiation may be established the same way as legitimate children.
Prescription same as article 173 except para. 2 which be brought only during the lifetime if the
alleged parent.

Article 176: Surname of Illegitimate children:

 1. Mother – general rule: surname be of the mother’s and shall be under her parental authority
and support.
2. Father – if the filiation has been expressly established.

Article 177 – Legitimated children”

a. Those conceived and born outside wedlock of parents who are not disqualified by any
impediment to marry each other.
b. Disqualified only because either or both of them were below 18 years of age.

Requirements:

1. The parents do not suffer any legal impediment or both of them were below 18 years of age
on the conception of the child.
2. The child has been conceived and born outside a valid marriage.
3. The parents subsequently enter into a valid marriage.
- The annulment of a voidable marriage shall not affect the legitimation.

Legitimated children enjoys the same rights as legitimate children (article 179)

The effects retroacts (Article 180)

The legitimation of children who have died before the celebration of the marriage shall benefit their
descendants.

Support

Article 194: Comprises of everything indispensable for:

a. Sustenance
b. Dwelling
c. Clothing
d. Medical attendance
e. Education, including schooling, raining for some profession, trade, or vocation, even beyond
the age of majority.
f. Transportation, shall include expenses in going to and from school or work.

- In keeping with the financial capacity of the family.

Support is a mandatory obligation that cannot be waived, renounced, transmitted, or compensated.

Illegitimate brothers and sisters are bound to support each other except the need of support is due
to a cause imputable to the claimant’s fault or negligence.

Article 199 – whenever two or more persons are obliged to give support, the liability shall devolve
upon the following persons in the order herein provided: (who will support the husband for
example?)

1. Spouse (wife)
2. Descendants in the nearest degree (legitimate child of the spouses)
3. Ascendants in the nearest degree (grandparents – parents of the husband)
4. Brother and sisters (siblings of the husband)

Article 234 – Emancipation takes place by the attainment of majority.