PART ONE: 35 PERSONS & FAMILY RELATIONS “The Family Code of the Philippines (Executive Order No. 209, as amended) 30) Effectivity Date of the Family Codé Reminder: The Family Code took effect on August 3,1988.2 [Tide 1: Marriage] [Chapter 1: Requisites of Marriage] [Chapter 2: Marriages Exempt from the License Requirement) 31) Marriage in General 31.1 Dualconcept: (a) -As.a.contract: It is a special contract of permanent fl, FC union between a man and’a woman-entered into ae ¢ in-accordance with law for the establishment of~ conjugal and family life." (b) -Asasocial institution: Marriage in this jurisdiction is not a mere contract, but a social institution in which the State is vitally interested." This interest proceeds from the constitutional mandate that the State recognizes the sanctity of family life~ ~ and of affording protection to the family as a basic. autonomous social institution.” * The State recognizes the sanctity of family life and” shall protect and strengthen the family as a basic autonomous social institution. It shall equally pro: tect the life of the mother and the life of the unborn from conception, The natural and primary right and duty of parents in rearing of the youth for civil efficiency and the development of moral character shall receive the support of the Government." "Memorandum Circular No, 85, dated November 7, 1988. "Art 1, FC, "Jd, see also Tunzon v. CA, 256 SCRA 168, 169. Sec, 12, Art. H, 1987 Consitution; see also Hernandez v. CA, $20 SCRA 76, ™Sec. 12, Art. II, 1987 Constitution, EWA Beate Scanned wih ComScannera eS EE 8 EN p 5 = GvL LAW REVIEWER PART ONE: a PERSONS & PAMILY RELATIONS Essential Requicites. 1+ The State. recognizes the Filipino family as the }) [@ga\| capaci ~~ absence of counter-presumption or evidence special rea Wehbe atin, Acomaingy hal I(T" tothe case to bein fact marred ‘Rrenglben its lidanty and ave promote its) ceric rt ee , ana “total development hequisitee the burden of pot to show the oultyof oe a ‘+ Marriage, as an inviolable social institution, is the QU‘it riage rests upon the party secking its nullity." foundation ofthe family and salle protected BI jor) cf the ; thestate™ IM 59) Requisites for Valid Marriage ea aelemnii}ing officer go thee 1 S13, Mariagesisinexshe fom orinary sant: valid njarrioge ae: (i) legal capacity; and (i) consent. Th formal eq- fermal Tage Contract ‘Ordinary Contract Jicence| zuthority of the solemnizing officer; (i) @ Eee se; and (ii) marria ——- Tae cured tn amy ACOQe Coremenyy valid marriage license; and (i) marriage ceremony.’ LF pace esa | Only two persons of opposite | 1. eatered \ ‘do ex may cal into a contrac | —mumber of eres, whether of i rarragy and but oe sch | the same or diferent sex. feestes ——— a / (@) -Abeance of any of the essential | Mariage is wid. ‘The nature consequences and |? The perc are fee to ertab- ; i 2 Bess cfuamige are ge | lish sch stipulations, clauses, Platcojut} sues f | _xeavistes. ~ feoediylaw and nat eajedto| terms and codons as they | ty hos} 190 lez | (2) ~Absence of eny ofthe formar | Marriage is woi.® pepreany ay deem comment provided Joy ocity,| the warrigge tale | Excastiansven ifthe soem cation With respect oproper-| D7 publis [© vCU> | nizing ofcer has no authority, Sprit the pres aye | TaN id aso * the marriage is validif either fine within the Timi provided abi or both partes believed good der the Fel Cae fail thatthe solemnizng off- ‘ 3 Canact be revoked, dismved | 3. The pastes may, by muta! | cer had the egal eo to PO coN revoke | qrotkerwse terminated by the | agreement, terminate an ord dow “parti, only by Whe cover | nary contac t (3) sDefecrin consent ‘Marriage ia yidables® Ferree ene Sea caer preter [1 mariseoet merci bate wcinitnions® YET P| again the mariage bathe prty re [ALAS = — ceteli smeanble fo the smog | yyy (Spe ‘314 Presumptions favoring marriage: sound mind @ ti Shall be civilly eriminally and} for iat ® ‘hatte man ad a wean pert theses Celelyntien ef dministratvely ables ea A ‘ ‘as husband and wife they are presumed,.in-themarri age; yitiaktt———, mye "See, aa, ale 131 of he Rae of Cour; Adongv. . conceit me nt Ade. Cheng Sve Ge 8 so, Baas. CA, 269 SCRA267. ‘siemens Ch spre ie A BY 1961 Coin wart 2nd, FC. ‘Se 2A HY, 187 Conia. shee GF. ae Le wa a whe S80 FO, he. 0. Noo Sar 6d 45 FC. SAPS 2, eV, 1 ott, mat PS 90) Vt 0.2 Ua+R LAY LIBRARY Scanned wih ComScanner33) Legal Capacity to Contract Marriage 33.1 Tobe capacitated to contract 3 ‘marriage, the parties must be: (i) a male and female; (ii) at least 18 years of age; and (iii) must not be suffering from any legal impediments mentioned in Articles 37 od rye 32 and BB the PC & jnos vou 352 Sexesofthe parties. omvicge. ’ ‘Reminders: . (a) If the parties are of the same sex, there is in fact ‘no marriage, even if the marriage is solemnized- ‘outside the Philippines and valid there as such because marriage, in this jurisdiction, is defined as a special contract of permanent union between a >| man anda woman™ In Silverio-x-Repablie.™ it was held that in ‘his jurisdiction there is na law legally recognizing sex reasignment and its effect. Citing the Civil Register Law (Act $753), the Court hed that the scrof x persorirCerermirat a 7, visually one by the birth attendant (the physician or midwife) by examining the genitals ofthe infant. If the determination ofa persou'ssex made atthe time of his o br birth io notatended by errr; the same is immutable and may nt be changed by reason of sex reassignment surgery. aa eae ¢gandahan,~ however, the Sopreme Court allowed the carection of entries in the birt certificate of respondent to change her sex or gender, trom fe ral to male onthe ground of her medical cone dition known a1 Congenital Adrenal Hyperplasia {CAH and ber name fom “Fenner to "Jef." Bio- Jogizlly, nature endowed respondent with a mixed (oeither consistently and categorically female nor ae 57 eae "SC Ne 1746, Oc 2.207, OM Ne TE, Sep nd what he thinks 4- —_ — al “: Pant ont. 5 PERSONS & FAMILY RELATIONS, consistently and categorically male) composition. ‘Respondent has female COO chromosomes, How: ever, respondent's body system naturally produces high levels of male hormones (androgen). As a re- sult, respondent has ambiguous genitalia and the phenotypic features of a male: But in respondent's case, he bas simply letnature-ake-ile-course-and hhas-not-taken-unnat ural-stops-Lo-arresborinter- fera.vith-what-ho-wae-dorn-withs And accordingly, he has already ordered his life to that of a male. In this kind of situation, according to the Court, the determining factor in his gender classification would be what the individual, like respondent, hay- ing reached tho ago of majority, -with-good-reason OO Key PO thinker ot htserse 38.3 Aguobthe pastas. Reminders: (a) Afany party is below 18 years of age, tho marriage is woid-even if the same is with tho consont of the parents and even if the marriago is solemnized ‘outside the Philippines and valid there as such.» ‘The minimum age fr marriage should bo reckoned, rot on the date of filing of the application for issuance of a marriage license, but onatha.dataafe : themarritge.™ 334 Absenceofleeatimpediments Reminder: (a) Ifthe parties are suffering from the impediments mentioned in Articles $7 and 38° of tho FC, the marriage is yoid.even ifthe marriage is solemnized outside the Philippines and valid there as auch.» o Sar 351, FCL “Art 26,1 par, FC. D0 Opinio No. 146, 8, 1991. hot 28, lat par, FC. ‘Scanned wth CamScannerPAR ONE: 0 PERSONS & FAMILY RELATIONS. & (a) If there is no consent, the marriage is void:™ Thus, ¢ if the marrage is contracted through mistake of hod.a cone contracting party with respect to the actual Rule Effect of non- compliance (1) Ie teal, in the lo | IF obtained elsewhere, the smarriageisstll abebecause this is a mere irregularity ia formal requisite which does tt allect the validity ofthe , () Meonsent was given by a party who is at least 18 but below 21 bat without parental consent, such ‘consent is defective, thus rendering the marriage ‘woidable= (0) Ieonsent was givenby a party who was of unsound - mind atthe time of the celebration of the marriage, the same is defective, rendering the marriage smoidablez* (@) Ieonsent was given but it was vitiated by fraud, {force intimidation or undue influence, the marriage ‘swodable because the consent is defective.» (2) If abgpad, in the © office of the con} In case of non-compliance, sularlfcials"* | the marriago ia still waitin the Philippines ifthe ane is vali in the place where the ‘marriage ia slemnlzed"* ‘A marriago licenso in | A martiogo colebrated after ‘Rugbenag «pra | the eapiydte ofthe lense gel {20 dapa Som data |i ld ee (of lasne and is deemed Fis et if th 951 Reminders: ftutomaticaly cancelt-| (dis a af thee (a) Ute mariage ws clebraed without a marriage atte eprint | 0 ons iage Teese, the sme sid pero feapee ; =| Reqavement | any party ts tlow | UF he lane a ued ot () AC the marriage license waa sparions or fake, the of pazatal | 21, parental consent | withstanding the absence of marriage is alo vid Calsank | raat be exited to | parental canon, tho tar If there is a mere rity im the issuance of the local civil regis- | riage becomes vaidabla ties | © irregularity oe ‘the marriage license, the validity of the marriage a fue of ick upucenbal shallot alice but he partys) responsible | retry nthe snes ‘for the irregularity shall be eivilly,.criminally-and of the license. _odminisave able mare mith, \ Pa ent rit denture ' Phe Cle ec an. raere = | ea | ‘Scomed with ComScannere cv AW REVIEWER PARTONE: o angous # PABOLT RELATIONS [naga | ieyertysttewn | If petal aici not ob Tequremeat | I either or bath par | Tho abence ofa cartiate fern 21s 3 pal | tl te tent | te are client of | of legal pact Io merely = ‘src= | wrth mariage ens Stoeflegn_|trign nate, vcr | an regulary in cmplying ‘hat he fuel enly ater 2) Jexmeity | Aicate of esl capac | wil he formal requirement ‘mals olwag temple tocontrct | tytocntactmarrage | of procuring «marriage Seat the patatiog of he aniage, | utbesabutied= | teense which wil -t| frptcton’™ Issel eal shea oe ie mariage Vd femme thi mer ine , Arty na ena ate ‘ich dn elect he vr (cil & $63 Debate ssgataincaebee inosine Tey tthe mariage ort Theale ear i equi bea sil riagedliconso-after the completion of the 10-day period Tegerement | The tito ar | Inthe tence f ach er Se rete oon eis publication even if any im eC ewes | rage cumang ne | etn, tesa of te ox imaat ois aston aes te curt wl der emerge | ge! any prt | ems hal be spend or se beveg-e ie eee coming | Sundtele | Seat fean te comple al oan th tie publeation of | that of any interested party spplcaten™ be eens is 1 Eee, [yo Nature of Requsiteseminders Marriages 1 Marriages in saul ne 2B, loc asa ifthe ang party aa _peesealy area? (2) In iew of the License, the solemnizer mast ex- mace 29, bo. Farge reer ge oe ge eras ‘legal impediments of the parties. = Seen peteet reaee marninge™ which will not-aifectethe-validity-of-the-mar- | an Seneca Bee Sea sie ‘Scomed with ComScanneroui: Th residence of ie! party is eo located 2 Marin tomtom | ht then mens of transport ta enable ‘ch ary pnt penal br the laa cl neue Reinier: ne ofthe Hn, the sleniser tt cae an aidan ating ha the re oer styled that here ono tear eae mach arty oo poecaly tlre ie al cl gion , he a eg to amen ns Fstop and absence of legal impediments of the parties. ‘Re ace of mc afin mre egal “hich will not fect the validity ofthe marristge. 3 Maries | Boies goselle |) arage mat be anor Masi or among ‘enter eer ommend Ce bia tering et be miei sds sin ihe esta es rats ™ 4 teat i | es beefs 8) Man and woman must have been living together eb |" uid and wi orl yar elre tesa 1) Paris must ave noleglimpediment to marry ecchate, Fat abecce of lp impetiment between the patios must be present at the time of se Panis mast casa alia stating that they have ved tober fo a es ve years td ae wit leg inpatinest 19 marry tech aber and Solemn ocr mac exeaea ora state| te thal be bad ecrained the goalie ion {he pti ad that be had found no legal indie to Ui marriage ™ i Il. narioge in & eniculolirorsc PART ONE: 6 PERSONS & PAMILY RELATIONS, 86) Authority of Solemnizing Officer 96.1 Persons.authorized to salemnize marriages: Persons Authorized Reequisites T. Members ofjudiiary |) Must be incumbent members; and () justionsof theca | the cour’ jurisdiction ™ intone (2 jatontsndeo | eg set © rae ie respi (@)_jnden oft FCS. ere replay the oma eis, (© etic | hen tafe ray Te mariage, ay objet ia (0 judges of the MTCS | in¢ otrcial to administrative liability." presale a) Mt be duly dhol by hi TCiherrligueminisrs |" spective ch ui He mus at within the init of sch win obra 'd) -At least one of the contracting par- “Ces'ousthelng ois cure aa a 3. Ship-capeain-aF-airplane | «) Marriage must be in articulo mortis| a (atthe ponte death | t) Aang mus bebo, ” paunbecreamiabe Note Such anborty may be xed totaly while he sip at en oe plan in ight bt ee dering [overs At ports afcall™ ae Sart 1, FC. ‘Ravarov. Dasngtoy, 259 SCRA 129 (18565; Beso v, Daguman, 23 SCRA 8082000 Area v. Oesian, 360 SCRA 402 (202) San 71210. Ar. 73) and, FC. meng 31, FC ‘Scomed with ComScanner« (VTL LA REVIEWER [C Miary exmmunders ss) Mot be a comin’ irr, of ‘at a lice in the armed forces hold ing rank by vrtor ef weenie Irom the Premdent| 2) Assign chaplain to his unit rt he atnent J) Marriage most he inarticulo moti ond ’ 4) Marriage mast be rlemnized with-| Inthe mine of military operations" Nowe: The emtrecting patios eed not the members of the armed forces. They os became, fa) Marriage must be edebrated abroad In Ge country where the consul fe and . b) Marriage mut be between Filia ousem™ = Ce ‘Nace: Marriages lemaiaed by a mayor ouside of han terial jerisdictn| rensin vaid-breause this is mere erepulanty informal reisite |37) Marriage Ceremony 321 What constitutes 9 Smarrinee ceremmny’; No prescribed form or rdigions rive fr the slemnization of the mar- Fag is required ™ In essence, a marriage ceremony sim- ly refers to the personal declaration bythe contracting, ‘erties before a solemnizing oer that they are taking, ‘ach other as husband and wile™ A HO a HC ware 1 ad FC See aurea MAT, LC, wore he 6 an vt EL veID: F ilipy AUD: qpiobreiiec vat abredd 4 Prowl | 0 dnt vow PIpiypIN | “panieethat they are | chrated abroad and vali there assoc, PART ONE: a PERSONS & FAMILY RELATIONS 372 Requisite foc marriage ceremanytoexst: Consequences: ‘A marriage celebrated thra sidea-cantr | ‘acing where either or both partes do ot eat erally bay the er ioe ra) ass ete a eer ether an ach 4 Sterd avalid ne Pipa before. a-solomnising coficer= 2 ~Personsl-declaration | a) A marriage by pry, ifealebrated inthe ~by-the—contracting | Philipines, is MHCVaNM However, ifcel- it shall likewise be considered as vali | inthe Philippines” 1) No preseribed frm or religions rie i “required Hence, the falure of tbe selemnising offer to ask the partes | ‘whether they take each other as ss |g. band: and wife canmet-beecartat ss | C_as_nus. 4 presence ofthe solemaising acer. A ff. NOT a fatal emisficr declaration by word of mouth of what fatal emvcF re pers had aeady sd ra CEMAGE COMTICT |S ing woud bea mere repetisnn 9 thaz iGped i Ne preschee itomision soul at he reparied a pols vere Bee ACR Tt par, PO wi mar aPC Swlaante «Arua CA-GR No. TSR dune 3, 181, “i ‘Scomed with ComScanner38) Marriage Contract, m1 382 83 wast be de is the| seta pning ye grreence af the ml | ntescting partion, Heskecd cndsng elie. oxo ethe VLA EVER 1) Hien, therein on marrage cremony {what tenn wa 8 mere peat (Compare with afanten. Arena 1 the signe Inge marrige evatrect wns de in the rower ofthe mlemnising eee, there i {mariage ceremony even if he parties did ‘ot vrtlae tha ment ta the marr ce What {Gat the consent wf the parties be piven befare nsolem- ning lier The requirement hat the name be ven inthe presence of at Iona wo witneoms of legal ge is re Ay directs, Importance of a marrince contract: It is the-best-docw- mentary evidener-of -marnage.™ Its existence renders ‘unneenssary the presumption that ‘a man and a woman deportang themsnlves as husband and wife have entered toto lawful eaotract of marriage. ‘Bffect-of- absence of marriage contract: Its absence is ‘not, however, proof that no marriage took place because ther evidence may be presented to prove the fact of soarriage™ Thus, the mere fact Uhat no record of the. marriage exists in the registry of marriage docs not invalidate sud mariage, as long as in the celel Gera, all regisits for ts vadity are present ™ The forwarding of « copy of the marriage certificate to the repustry of marrage 1s not one of said requisites.* ber prt a manag tcstimony of a witness to the ‘matrimony, fijphe cvaple’s public and open eababitation 1 bushand and wile afer the alleged wedlock: dhe ‘wrth and baptismal erticates of culdren born during Figs Pepe 2 SRA tc an 32, ‘anaes HA TE ay hl CAB CHA 2 iva» aren, 153 S81, ou ev lock Celebratienis 392 PARTONE: PERSONS & FAMILY RELATIONS such union; and (Q) mention of such nuptial in subse: quent documents 39) Valldity of Marriages Celebrated Abroad. ‘Goneral-Rule: For marriages involving Filipino citizens celebrated abroad, the rule is that such marriages aré considered valid in the Philippines if they are valid in Jebrated.™ Hence, the fllos- (0) Marriages vithoub o faariage Tenet such is tt reuied ithe place of celebration. However, ifthe marriage i celebrated before the Philippine consular officials pursuant to Article 10 ofthe FC, 8 marziage icenso is still necessary. - (0) Marriges celebrated by a person who is authorized to solemnize marriages in the place of celebration ever he i not deemed authorized to solemnize marriages under Philippine laws. (0) Marriages by proxy, if vali in the placsofclebra tion. — Marriages through video conferencing, if valid in the place of celebration. Excoptigns: The following marriages are(voidveven if they are celebrated abroad and considered Vali inthe place oftheir celebration — (a) Ifa party thereto is below 18 and he or she is a Filipino citizen (ari. &5( @ (b) Ifthe marringe is bigamous or polygamous ({!'* (0) If Ube marriage is contracted thru mistake of coe contracting party a tothe identity ofthe other ( (@)- Ufone of the parties ina subsequent marriage is already a party to prior marriage which has been ‘annulled oF judicially declared void"but fails to "trvedad» CA, 249 SCRA 18 Saratov CA BOD SCRA are 26 agar PC AP ei ean a Ar 36 AGC 6 naa AME BK At 3503, lan AP 26 PC ‘Scomed with ComScanneree ee ee eee TT ry CIVIL LAW RAVIEWRR ast oN: a PERSONS & FAMILY RELATIONS, PP recercting jn qhelciul registry comply wih the euirenents of ice BY be YT PPT NS ree %wle)) (e) Wane ofthe parties to such marriage, at the time of its celebration, is psychologically incapacitated ta comply with the essential marital obligations™ (\)\ Wie (0 the marriage is incestuoua’® |))\ . ¢'/ (@) the marriage is void by reason of public policy as , ‘enumerated in Article ofthe POM 55 9 49) When Divorces Considered Valid 40.1 General Rule: Under existing laws and jurisprudence, the rule is that divoree is not recognized as valid in the Philippines ifthe partis are both citizens of the Phili pines” L 402 ~Bxccption: In a-mised-marriage involving a Filipino citizen and a foreigner, the Family Code allows the for- ser to remarry in case the divorce is “validly obtained — ‘abroad by the alien spouse capacitating him or her to ‘ Ps remarry e 403 Requsies for application of 2nd paragraph ofArt=26: fare ) CV) Tht mast be ese | In apying te provision the econ par © ef ear | grap of Arce 25, the rcaning pot ot ace (oe party | the cizship othe parts a the tie ofthe ‘Flin andthe | elation of the marrag, bat bie cen smn ale) ‘alebatnn of the marrage, but ater on, one of ‘them boumes naturalised asa foreign citizen and there ebtains a valid divorce decree, ofre cid Artie 26 ofthe PC applica™ / 42- et Sia tin a 5, FC he in et 36, FC iran A 36, ' Pht 38 atin A 96, FO cin ca pre it ad eFC Tete CSR 4c. “2 Tho divorce must | Article 26 wil not apply itis the Flipin | teebiained bythe} spouse who obtains the deere of divorce =o meena (6) Any proper interested-party may atiack avoid mar- @ ‘Avoid marrage canbe attached eallaterally = nthe riage" oo in ur $ Qualification: Only compulsoryor.intestate.heirs of the 1 Sapa trite eeeacite ED SS, aes cone een a spouse ina pro. pave of protecting their sucessiona right, Sanbcintenguccee Taecermeed the Beet pouse ia procediog for he stiloment of Stine - leoncl /ri? Moy) the estate ofthe deceased spouse ©) Arwitmariag an bequstind een afer the death) ae _ of either party: a (6) Void marriages haverno legal effects except tho ‘Qualification: Bu no longer by way ofa petition for dec- laration of nulity ofthe marrage because the samme can nly be filed during the lifetime ofthe parties. Under | the new Rule on Declaration of Absolute Nallity.of oid “Marriages and: Annulment of Voidable Marriages (AM No. (2-11-10-S0),a petition far declaration of absolute nullity ofa void marrage may’ band oc the wifom and incase a party dies at any stage of the proceedings before the entry of judgment, the pressly declared by law such a (a) -Astoproparty-relations: in void marriages, regard: [7 Jess of the cause thereof; the property relations of the parties during the period of cohabitation, arc governed by Article 147 or 148,-a5 the case may be Exception: Ifthe marriage is declared void by |fo: gudg ment of Pea otoon compliance wl Artle dof the FC declaration of nullidy of Merge Nideied a the absolute community or the-conjugal partner- jp, asthe ease may be, shall be dissolved and ‘court shal] order.the-case-closed-and.tarminated,™ but oe. f ‘ without prejudice toa collateral attack that may be done fe purpose Po) state cltecon the hldrn-bam to suchanid ‘by the cumpulsory or intestate heirs of the spouses upon. remarriage ‘marriages: As a rule, children born_of void mar- the death of a spouse in a proceeding for the settlement. riages are considered illegitimate, but children of ofthe estate ofthe desea spouse b death befe entiy + case DE IGS a isové On aullity yold marti may be Me nedt ealcerally i oF amie, hz S24 Cot, by the infeciale of Se Re aS m1 sew 22 a) at ee "as tainted Spe Meal C28 Ne 1344, Sep. 28, 2007, tng CF protectirg Te Ratna el Vac Mara od Delano 5 ‘tei ai dase Spon Pl Od ster qenal eames tights) ‘void marriages under Articles 96 and 63 are excep- tionally declared as legitimate. imate eee PSY cholog ica] inca pact children (53: Compliance wl the fecorcirg Sie re. requirerent ure ca $e SAMNo GALIOS. 44 Purpose of remarriage “taro ea Nine rapa Comp FEL wf se $2 Bayada, up, 135. n syggeauen Midis en Go 200 Sa 2 DY eee PW ‘SCRA 251 (2000). ‘ihr. 4312), elation wo Art. 80, FC; Valder v. RTC, Br 102, QC, supra, mare 165,76, See Art 4, FC. ‘Scanned wth CamScanner“ ENT. LAW RIE 42) Peronality to Pile Petition for Declaration of Nullity of a Void Marriage 421 Rulefor Marriages under the: (a) Ifthe marriage is entered into during the effetivity the Family. Cade which took effect on 3 August 1885, apy Se. 21a) of thenew Raleon Declaration of Absolute Nallity of Void Marriages and Annul- ‘nent of Voidate Marriages which makes it the sole.right of the husband or the wife.to.flle - xe of-void-marriage. The same cannot be filed by, = he compalry or intestate heirs ofthe spouses iC teense they have only inchoate righls prior to 5 the death ef Weir precnor, and hence can oly ‘question the validity of the mafriage of the spouses ©" en the death of qr ina preceding for the cick scent th estat of the deceased spouse fled inthe regular outa (0) Compulsry-or-intetate heirs can still question ‘the validity ofthe marriage of the spouses, if void, tot in a proneding for dodaration of nullity, but x. Spon the death ofa spouse in a preceding for the ¥ led in the regular courta™ 22 Rule for Marriages under the Civil Code: If the mar- ‘age is entered into during the eflectivity ofthe Civil PO 79 "Cade or prion to 3-August 1988, aply the case of ial ~+-lheyodeg, supra, which allowed therein petitioners to file « petition for the declaration of mllity of uheir ‘ather's marrige to therein respondent after the death of their father. Note Ut the new Rule on Declaration of Alsolate Nullity of Vaid Marriages und Annulment of Voidable Marriges expresly avers marriages under the Family Code aly = The Bache oe Hes cs Anca of Viable Mariges and acai Alas Nal of Vcd Marg, Lal Sepa and Prviial rie, iad Mant. Hs Sy Maia gr ena Ha Sy Map mie 1 proty/video calf sent evaiedl narod: there, valicl here PART ONE: s PERSONS & FAMILY RELATIONS 43) Vold Marriages Not Expressly Enumerated under the FC (a) Marriages between persons of the-same.sex, even if the roarringe i celebrated abroad and valid there as such. Under the FC, a marragois defined as “a speial con. tract of permanent union between a man and a woman centered into in accordance with law for the establishment of conjugal and family life.’*" Hence, a union between persons ofthe same sexis not even considered asa mar- riage under Philippine laws, 4—~(v) Marriages where the parties did-oot appear personally Te defore-the-colamnizing.officer-or did-not.gixe.their.can~ "sent.in.the-presence-of-the-solemnizing-officer, such a3 marriages by proxy or marriages celebrated thru video conferencing. Our marriage law™ requires persanal ap- pearance before the solemnizing officer before whom the parties must make their personal declaration that they ‘are taking each other as husband and wife. (2) Marriages where the partes marely-cimodamaniage -contract-without.the-presence-f-e-solemnizing-oficar. In these cases, no marriage ceremony is performed at all bby a duly authorized solemnizing officer. o there fae, VOD mariage 44 Void Marriages under Article 5 0f the FC 3p Upce of = Ha Any Barty Below: Man iote ceremony (0) Rulerif any party isbelow 18, marriage is void™ (0) Naexception: Hence, marriage is void even with, the consent of parents or guardians, and even if solemaized abroad and valid in the place.of cele bration ware FC, Ars 32) and 6, FC. = Morigov. Poole, «22 SCRA 75 (2000, magee FC Ar 61 FC. SAR. 2, It pr, FC. ‘Scomed with ComScanner“ ry (VEL LAW REVIEWER 44.2 -Solemnizer, Not Legally Authorized: (a) Rules If solemnizer is not legally authorized to perform marriages, mariage is wid but ifthe “marriage is celebrated abroad and valid there as ‘such, it is also considered valid in the Philippines : venifthe solemnizer isnot oneof thse thorized under Philippine Laws (©) Exception: Ieither or both parties believed in good r ‘ith that the solemnizing officer had the legal = sutority todo so, the maringe i ai © (© Remini The oa faith must he based mistake of facts and not mistake of lan because “ignorance of the law excuses no one from compliance : therewith = - > 43 LackofValid Marriage Licensee ods (2) ule mariage is eebrtad-itoa «vai (6) Bxceptio:Ithe marrage is celebrated abroad and valid there as such beeause-o license-is-required a, the marriage is also valid here i the Philippines." But ifthe marriage is solemnized by Philippine consular officials ‘pursuant to Artide 10 of the FC, a license is still. necessary. (© Reminders: + A certification issued by the lca evil regis trar tha ther office has no record-of the al- -leged marrige license is adequate to prove the nonissuance ofa marrage license in the absence of any circumstance of suspicion It, enjoys probative valu, he being the officer surged under the law to ep a record of al an 34) PC. Ar 25, stp, PC. mr 3 NCC. An. 394 FC. Ar. 26, tyr, PC. | PART ONE: m. ()) G).e) moms ttibaeernons 1p voro azn if consicered A Rtv tee usmoes os main valid (A the COUNTY 6 To be sufficient proof of-the-nen-issuance Where {he prev’ iag? ryor of «marrige: leense, the cerifcation ta ‘be issued by the Local Civil Registrar must cele! brat ed ee th t — s offce or the pasticularentry.could I cote : search. If there ssao.showing thot the lea! civil registry exerted diligent efforts to locate the records ofthe said marrage licens, the _ marriage by reason of ' “absence of a marriage license ‘44 Bigamous orRolveamous Marriages: (@) Rule Ifthe marrage is bigamous or polygamous, it is void, even ifthe same is celebrated abroad and y _ valid there as such." (b) -Bxception: Under Article 41 ofthe FC, asubsequent bigamous marrioge is exceptionally considered as valid if the following requisites are complied with — # (1) The prior spouse (absentee) of the spouse present must have been absent for-4.conseeu- -tiveryears, ot.2.years where there is danger - of death under the cireumstances stated in Article 391 of the Civil Code at the time of ‘disappearance; (2) The spouse present has awell-founded.beliet that the absent spouse is already dead; and (9) The spouse present has obtained. a,jadicial Car 998, ¥. Carito, 61 SCRA 127 (2001; Republic v. CA, 256 SCRA 257 ‘seit v. Cardenas, 497 SCRA 428 (2000 one mgs. 3510, FC. Ag 26, It par, FC See Arts. Calistero, 980 SCRA 201, 28 (2000, ‘Scomed with ComScanner¥ s (©) Reminders: + Ifa subeoquent marriage is contracted dur- | ing the subsistence ofa prior marriage (which is either perfectly vali or voidable), the sub- | sequent marriage is bigamous, hence vod" ; and the exime of bigamy is commitied* | + Wa subsequent marriage is contracted by the spouse present during the period of a ahsance of his or ber absentee spouse but desth-cl.tho-absenteo-spouse, the marriage is bigamous, hence guid and the crime of bigamy is committed ™ ‘© Ta subsequent marriage's contracted withe of the-prior-void-marriage, the subsequent $ °° marriage is alsoaid, not by reason of Article __ 35() of the FC but by reason of non-leqyeclk) 1 cappeitaicd te held ile to pay moral damages tothe other spouse trac on Articles 217 and 21 of the NCC whieh con- res wilflness ofthe acts complained of ifthe same acts enstitative ofthe paycholgical incapacity were to )—emade the bass for the awan! of moral damages It is cvntradictry to characterize nets as a product of psycho- logical incapacity, and heace beyond the control of the party because ofan innate inahility, while at the same {ime considering the same set of cs as wilful 452 Characteristics of Posholoccab incapacity: (1) Gravity — The illness must be grave or serious enough to bring about the disability of the party to sssume exentia obligations of marrage. (2) “Veridical-Antecedence — It must be rooted in ‘the history ofthe party and must be proven to be- ‘existing at the time aD the marriage, although the overt muuifestations may emerge ealy after the marriage; and <1) Aneurabilty —T-aust be shovn-ta be medically ‘r-dinically permaitent or and such in- curability may be absolute or even relative only in 2 regards to the other spouse, not Italy against everyune ofthe same sex. 453 NendforEspert Testimony and Examination ofRespon: dent: Under Sec. (of the new Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, it has been clarified that a petition for declaration of nullity under Article 36 of the Family Code weed uot allege expert opinion on the psychological ‘Ska CA, span Repl. Maina, 358 SCRA 198 (1987) Dhan restar CA, 4A SUA 361 (SE). Sot CA, ag ad ep. Malin expr | PART ONE: 119 PERSONS & FAMILY RELATIONS a Incapacity or on its root cause, What must be alleged are v. CA™ and Paras v. Paras. In -Marcos_v.-Mareos the SC clarified that thero is no requirement that the defendantirespondent spouse should be. personally examined by a physician or psychologist as a condition. sine. qua-non for the declaration of nullity of marriage based on psychological incapacity. What ie-important, however, a8 stated in farcos v. Marcos is the presenes-of-evidance:thatean ish-the partys psychological condition, cee of evitu castelyeotab svar con adequcicly, the totality of evidence presente is enough to usta finding of psychological incapacity, then actual medical : fags i ame ti ‘examination ofthe person concerned need note resorted tom (54 CertificatimoftheasG: > no rect / ‘The requirement in Republic. Molina case forthe ~ Solicitor General to issue a certification stating his rea- sons for his agreement or opposition to the petition for declaration of nullity of marriage based on Article 36 of the FC has been itlfollowing the implemen- tation of A.M. No-02-11-10-SC, or the Rule on Declara- tion of Absolute Nallity of Void Marriages and Annul- ment of Voidable Marriages. fae ‘i . —_ ‘The court may not refuse to apply the guidelines in the Molina case simply because the marriage isa mixed one and that the respondent is a foreign citizen. The SC held in Republie-v~Quintero:Hamumo™ that such sidelines may not be relaxed just because the spouse alleged to be psychologically incapacitated happens to be a foreign national. The norms used for determining psychological incapacity should apply to any person re- {2 SCRA M1 2009), 2G. RLNo. 47824, Aug, 2, 2007 ‘343 SCRA 785 (2000 se alo Republi v. yoy, 470 SCRA 508 (2008), Cited in Zamora ¥. CA, GR. Na. 141917, PT, 2007 See Antonis Reyes S998, 428 SCRA TSS (2000. ‘Samed with CamScannerv1 Law REVIEWER tardies of nationality because the rules were formulat- ‘ed on the bass ofstodies of human behavior in general. 456 Paycholocical Incapacity and Bigamy: In Tenobro v. Court of Appeals the accused ‘was prosecuted for the crime of bigamy. Subsequently, however, his secnod marriage was declared a nullity by reason of peychological incapacity: He then argued that the isnot liable forthe ere of bigamy since the subse- 7 quent jadicial declaration of mult retroats to the date of the celebration of the second marriage. The SC held that a declaration of the nullity ofthe second marriage ‘on the groand of peychological incapacity is of absolutely ‘po moment insfar as the State's penal laws are con- cxrned fortwo reasons: (1) Asecond or subsequent marriage contracted during the subsistence of a prior valid is void ab initio folmistnce of a valid marrage is automatically void, the nullity of this sod marrage isnot per se an argument for the avoidance of criminal faility for byany. Atide-249-of-the-RPC te ate fencing eed w(Q) ‘a subsequent marriage during the subsistence of a ‘valid marriage. i (2) Input incapacity ax ground forthe lity ofa marriage, there i reognition written into the law itself that such a marriage, although void ab | reganiless.of petitioner's papchological-capacityror | {Seapuiy. Since a marsage cotraced during the | | ini, may sil produce legal onsequences. Among these legal consequences is incuring criminal — // iabity for bigamy. tir 457 Cases Where Peyholoical-tncapaciy-Was-Found-o bait) ; + Th -Antonjo-v-Reyes™ the respondent was a Je list and which Les were held to be Iniative of br failure to distinguish truth from ert PART ONE: os PERSONS & FAMILY RELATIONS, fiction, or at least abide by the truth. In declaring her psychologically incapacitated, the SC held that person unable to distinguish between fantasy and. ‘would similarly be unable to comprehend the legal nature of the marital bond, mach less its psychic meaning, and the corresponding obligations attached to marriage. + In Chi-Ming-Tsoi-v.-CA the husband was decared_psyshologcaly_ incapacitated because of have=semu for an. “—nreasonable“length-of" time. In declaring him psychologically ineapacitated, the SC held that the ‘senseless refisal of one of the partes to engage in ‘sexual intercourse for purposes of procreation is equivalent to psychological incapacity: _ Si Rin ttt Samat 7 ‘i srhich involved a ous Wife who left her family to live with 1y-paramours, the SC ruled that ets of sexuaLinfdaltyend-aberdommert do (Gezae ata pone sfocomnetya ie “inception of the-marsiage, The same ruling was made by the Court in Villalon.x. Villalop™ where ~ it was further held that the.acts.ofunfaithfulness must be shown to be manifestations of-edisordered hich- make petitner completely unable to discharge the essential obligations of ‘marriage, otherwise, mere sexual infidelity will ote considered slicient prof that petisone is ering from psychological arapacty. og rom ppc iapesty. + In Crating Siayngea-y-Siayngco,* the wits) ceive Ted bab husbaad to other Wormien so he could fulfill his ardent wish to have U1 SCRA LN, 173 SCRA STZ 4a SCRA 62 (000, ‘Scomed with ComScanner« (VIL LAW REVIEWER a child of his owa flesh and bled. The SC ruled that this is not a manifestation of psychological incapacity as contemplated by the Family Code, + In Republie-v-Motina Choa-y Chon" and PerexFerraris-v-Ferraris;* the SC declared that a mere showing of irreconilable-ifferences and confieting- personalities does not constitute ‘eycholoyicl incapacity. 1+ tn Paras.v. Paras” which involved a husband sho has gone astray from the path af marriage bo- cause ofa conflicting relationship with hs wife and ‘ar family and repeated life's setbacks, the SC held that these are not sufficient to establish that he is peychologially incapacitated + In Hemandex V- Court-of-Appeals.-the SC held that habitual slesholism, saxual=infidelity ar perversion, and abandoninent do not by. them- selves constitute grounds for declaring a marrioge vid based on psychological incapacity ‘+ In Republie-v- CuisomMelgary the SC held tnd abandonment of his family cant, by them- selves, be equated with peychlogical incapacity. It ifestations __ 46) Void Marriages under Article 37; Incestuous Marriages 46.1 Marringss-ConsiderseIncestuns: Uj betweer z, whether the dantsrand~deseendantarof-any”degre, relationship is legitimate or illegitimate; undi@fbetween Sipe sats oom, Soom Segre se SCUA Te. ag scx 17 0, PART ONE: 6 PERSONS & FAMILY RELATIONS -brothersandsisters, whether ofthe full halfblood and whether the relationship is legitimate or illegitimate 46.2 Rule: Incestuous marriages are void, oven ifthe samo are celebrated abroad and valid there as such.s* 47) Void Marriages under Article 98; By Reason of Public Policy 47.1 Belween-Gollateral-Blood Relatives: (a) Rule: Marriages between collateral blood relatives up to dth civil degree, whether legitimate or ille- sitimate, are void even ifthe same are celebrated abroad and valid there as such." (&) ‘Relationships-ineluded: (1) uncles and nieces; (2) ‘aunts and nephews; and (3) frst cousins, Hence, marriages between second cousins are vali in the Philippines. 47.2 RetwcensStep-Parenteand Step-Ghildren: (a) Rule: Marriages between step-parents and step- children are void,*even ifthe same are celebrated ‘abroad and valid there as such." (0) Reminders: + Tho prohibition still applies even after the termination of the marriage which isthe very source of the relationship byaffinity, regard- less of the eauso of such termination (it ean either be death, annulment or declaration of nullity of the marriage). arc TC, “an 7, maar 9, Ut par, PC. me a8 FE, Ave 2% lat par FC. ‘Seamed with ComScanner473 Betwoen Pareate-lnLaw and ChildrenstoeLaw: a4 he SB FC. Sin alae re | | ia 35th Fe (0 ha 396 FC ; wrest | if ein ras aan. sue hee 3a FC wn 33 ' hp CIVIL LAW REVIEWER (a) Bue: Marriages hotwoon parents in-law and chil (2) the surviving spouse of the adopter™ (3) the legitimate child of the adopters and (4) another adopted cild of the same adopter. Any such marriags shall be void, even if the same is celohratd abroad and valid thee as uch« (b) ~Biot.prubibited: (1) marriages between an adopted child and an illetimate child’ of the adopter, (2) marriages between the former spouse of the ‘sdopter and the adopted, since the law prohibits aly marriagss involving the “surviving spouse” ‘which connotes death as reason for the termination of the marrage thereby excluding annulment and declaration of nullity); and (3) marriages between the formes spouse of the adopted and the adopter, forthe same reason. oe, werrioge of w/e of merr rn] ese | PART ONE: a PERSONS & FAMILY RELATIONS. 47.5 By-Reason of Intentional Killing of Anothers Spause: Hi siep: 0 (a) Rule: Ifthe spouse of another is intentionally killed any forthe purpose of marrying the surviving spouse, ON GOAN IC the marriage is void™evenifthe sameiscelebrated |, abroad and valid there as such» Nek Ueck widows . @) Reminders: ce cousins + The marriage is void even if the surviving. spouse does not conspire in the killing of his ine oxberrpouse ‘The killing mustbo animated primarily by the intention or desire todo away withthe victim “for the purpose of marrying the surviving - spouse. ‘+The law does not require a prio criminal con- vietion to render the marriage vid. ents 4 childen + 48) Void Marriage under Article 40 of the FC 48.1 Situation Gontemplated: 2 lagore.s/ - ‘To distinguish. lof they?! [price mrarriege oot se oe i is © -marriageipiteelt-void-but a party thereto did not secure velfects yod (er ajudicial declaration of nullity of te prior marriage be- fore contacting a subsequent marriage. In such a sita- P"exture-to on ation, the rriageinalaaauid, aot because w/ (eq. of 2°. 49 vis bigamous under Article 5(4) ofthe FC but because 9¢(4) (vigame,c) , of ftareercomplywitirartcte40-oFthe BC, pp ror! 29? |S If the priot-marviageis-perieetiy-validromatleast via e¢ voiciakte Yidablayand a party thereto contracts another mar- y Siecle for RAg@ per tots termination, the sobsequent marrage eG 1A FOr jgsoidsforboing bigamous pursuant to Article 35(4) of beleg Lignan the FC. 48.2, ilach of Eailuro to Comply. With Autiale 10: ‘Even f the prior marriage is wid but a party thereto {ails to secure a judicial declaration ofits nulhty before mare 349) 80 Ase 3G Leeper, PCS ‘Scomed with ComScanner" « CTL LAW REVIEWER, contracting another marriage, the eubeoquent marriage is als void and such party is-liable forthe-erime-of ican. ‘ Under existing urispradenes, one must first secure ‘final judicial declaration of nullity ofhis previous mar- ‘lage before be can validly contract another marriage and failure to do so hall make him lable forthe crime of Sean fe mtr a agent mariage In other D ‘marital vinculum ofthe previous m: fbiss because acne ul doarton st its nullity, the second marrage is contracted during the cristence of the fret marriage resulting in the crime of bigamy. 483 Applicability of Article 40- - ___ Article 40 applies and a judicial dedaration of nuli- ty ofa void marriage is necessary in cases where amar. : although lat er declared void ob initio. Bot if ng marriage ceremony at all was performed by a duly authorized solemnizing fi, here i o mariage at tk plas, ven ne {)__ In-Morigo-w-People.™ the SC held that if what transpired was signing of the marrage contract by the parties, the dice, there is omar is ‘o-ectanlmarringe-ceremany that was performed by a ©. e7)s/etly authorized solemnizing ofcer = There is no need in this case fra judicial declaration of nullity. Hence, ven if party to such signing of a marriage contract (1!) eater into another mariage without camplying with the requirements of Article 40 of the FC, no crime of Vigamy is commitied = (TA is rain LAr. 4, FC; Cari. Cari, 51 SCRA 127, 134 coon, hte Pepe pra Maro Pee 250A 0 108) mid PARTONE: o PERSONS & PAMILY RELATIONS 4 Gat) SubsequentBigamous Marriage under Arie pe 49.1 -Apalicabtetmwe (1a ‘otegas) marriage took place priottom YO requirement Augus + apply the provisions of the Civil . -quire-a judicial declaration OF jeciefal cer lera ‘oder nti leathrin order for-the marriage Tien of, FRCSMMETIVE be valid Under the Civil Code, a jdicel DEMTH {f yeckor@d declaration of presumptive death ig not necessary fier date of sylece -80 long as the prescribed period of absence is met. « Hence, ifthe subsequent marrage taok place prior GUEML MONTCGC to the effectivity of the Family Code, the same is valid notwithstanding the absence of such judicial declaration. (©) the subsequent marriages celebrateGarng ha, ‘ffectivity.of.the Family Code which now-requifes| such judicial declaration of presumptive death the shen ofthe sae sal adr the mariage) for being bigamous™ and the spouse present for the crime of bigamy." In Manuelv—People™ the accused contracted another marriage in 1996 (or afer the effectivity of the Family Code) and after the. ab - the subsequent. marriage was celebrated without 8 judicial declaration of presumptive death of the absentee spouse. When he was prosecuted for the crime of bigamy, the accused posted the theory that the requirement of a judicial delaration af presumptive death under Article 41 of the Family Code is only a requirement for the validity of the subsequent or second marriage but its absence oes not make him liable forthe crime of bigamy. "art 83, NCC, ‘Armas, Calisterio, 390 SCRA 201 (2001) md. Actin elation to Art. 5(0, FC. ‘fas v Peale, 476 SCRA 46) (2006), ‘Scomed with ComScanner — o_O SS«2 493 GOVT LA RETR In upholding his conviction for th crime of bigamy, the SC explained that Article 41 of the FC was enacted to harmonize civil law and Article 349 of the RIC and to put to rest the confusion spawned by the previous rulings ofthe Court and comments ‘feminent authorities on Criminal Law. ence, under existing laws and jurispri- dene, in cas where a spouse is absent forthe requisite period, the present spouse may contract a saheequent marriage only afler curing rmont declaring the presumptive death of the ab: vent pouse to avoid being charged and convicted itbigamy. ‘BequiitesformsityafsabeequentmatiageunderA baedh (i) The por spouse (absente) ofthe spouse present tmust hve been absent fr 4 eansentive years, of 2 years where there is danger of death under the ccremstanas stad in Article 391 of the Civil Code atthe tine of diseppearanes, (i) The spouse present has a well-founded belief that the bent spouse is already dead and (GO The spouse proseat has abtanod a judicial dedara- ‘Gon of presumptive death Bogus: for esnanee-of jin declamtion-of me ‘sumtime: (i) Theabsentspousehasbeenmissngfordconsecutive 2a, od eunsecutve yeas ifthe disappearance cccurred where there is danger of death under the ccreumstancs laid down in Article 291 of the Civil Code; (Gi) The spouse present wishes to remary, (ii) The spouse present has a well-founded belief that the absentee spouse is dead and fe Aras. Cale, 380 SA, 6 00 Paxton: n PERSONS A PALILY RELATIONS (iv) The spouse prs esa iar apex the declaration of presumptive death of the absen- tee lee wert ‘REMINDER: In Republie-v-Bermudez-Lorino,” it Nae NL? ro (he was held that the order of the trial court granting the Aicial declare irPetition for judicial declaration: of presumptive death Ju C ‘pursuant to Article 41 of the FC is Immediately finaband |, -exeeulory™ Hence, according to the Court, the right to appeal was not granted to any of the parties therein. It TAPTICOE (uncer was therefore erroneous for the OSG to fie a notice of ne appeal, and for the RTC to give due course thereto. bor if 494 a uncler FC, ‘Under the Cri 1 Stemi woidabler itis by! Mays 'oge Fe | ment in a case instituted by the absentspause who reap- copeiderea, spears or by G bing Ugamsttinge-Under bo judi proceeding Pic agiomat coferminate a su arsage is = iy tun nae rset the subset ma upon He, COONS orang tee errs fing ete ee ener ee afiidavit cf fact is disputed. oo reaipprorCN GS §" prtact af mappaaransecf 1 agent : ce If the absentee reappears, but no step is taken to syowe terminate the subsequent marriage, either by affidavit or by court action, such absentee's mere reappearance, } } i even if made known to the spouses in the subsequent ‘marriage, wil-not-terminate-suckrmarriage™ Since the second marriage has been contracted because of a presumption that the former spouse is dead, such pre sumption continues inspite of the spouse's physical r= appearance, and by fiction of law, bo oF she must sil Republi Nola, 220 SCRA.20 (1980. 4a) SCRA. ‘mehing AD 247, PCL ware SI NCC. an PC SSS Jango Vil. de Rasen 468 SORA STS ANCL, ‘Scomed with ComScanner rr2 (IVT LAW REVIEWER PART ONE: 2 PERSONS & FAMILY RELATIONS — >] . bermgarid asleplly an abeoize until thesubsequent since Fuleeaque fit Wor (6) Theabsalute community or conjugal parter- i = q . as shat be dis ‘marrage is terminated as provided by law2 riagefie ecerptinedly che Sip te eat my be db ed In $55 vedarque Vs, de Bailon,™ both the prior 1-4 D, liquication of coor his or her and subsequent marriages where contracted before the + licivity of the Family Code but the spouse present (2 f} G must be vero conn chen yin deta nonetheless socured a judicial declaration of presump- mace |(unhike in vom mar: thereof, children of the guilty spouse by a pre- eee ete clages, reir prop: lavicn” vious marriage; or ff) in default thereof, the spouse present in 1998, the right ofthe second spouse to) 27h Ly Wt 447 andl 4C) ~ innocent spouse.» “Netprofite’ refers to the the SSS death benefits was questioned because it was 9” increase in the market value of the communi- Culzequalit marricge (S must have been absent fo 4 consecitive-years, or ‘yearowhere there's danger of death-under the J Res « ‘dreumstanass stated in Article 391 of the Civil Code a the time of disappearance; Soci) Thespouse present has obtained ajuicia declare jo tsp-+ Howat presumptive death [Note Ifthe marriage ‘is solemnized in the absence of such judicial decla- ‘ration, it is void pursuant to Art. 35(4), FC.) (8) Butthe spouse present and the second spouse bath \ - acted inad faith, meaning, both knew, at the time ofthe celebration of the subsequent marriage, that the absentee spouse is till alive, @ the subsequent marriage is void ab initio; AR 0, FC =a 048, FC. ran FC. Sex Arma Calis, 20 SCRA 2, 286000). PART ONE: ~ PERSONS & FAMILY RELATIONS (i) all donations proper nuptios made by one in favor ofthe other are revoked by operation of law; (Gi) all testamentary dispositions made by one in favor ofthe other are Fevoked by operation of law and \ or shall be liablo.for the crime of 7 bigamy) 5 M1. 14g will govern pro Ye inte Sn PP Qo Effects of judicial declaration of nullity of marriage read , 61.1 ~Retroactivity: CvtYytNitg (q) Rule: The judicial delaraton of the nullity of the under 1o.S! “marriage retroacts to the date of its. celebration insofar as the vinculum between the spouses is concerned. Hence, it is considered’ as-having never tohave taken place >) Exceptions: (Even ifthe firet’marriageis-woid-but-no;judi- cial declaration ofits.nullity.is obtained prior to contracting a. subsequent. marriage, the _ subsequent marriage issnid® and there is li- ability for the crime of bigamy. (i) The subsequent judicial declaration of mulity “het 44 FC, “Tenth v. CA, 423 SCRA 272, 28 (200. ‘Nita v.Bayadog. supra, “het. 40, FC; Cart v. Cari, ‘*nbuaadov. People, supra; Me supra, Tenebov, CA, supra. io v. Tao, sup; and Marbella Bobi ¥. ‘Seamed wth CamScannera « % CIVIL LAW REVIEWER at ‘S12 Statusof Children: j ® ‘Gentz lie of id ma rng) are considered illegitimate = (b) Baceptions-Bven ifthe marriage is void ab initio, the children are sill considered legitimate: (®t the marvin is vad by reason of paycho- login incapacity. ’ G0) A the marvinge is void by reason of non- ‘umpliance with the requirements of Article ‘ ole P= 513 ‘Property Relations: |, erly (@) Genera-Rule I the marriage is void, regardless of the cause threo, tho property relations of tho spouses during the period of echabitation are governed by the provisions of Article 147 or 148, a3 Ae ease may be + Artide:t4-applis to unions of parties who are legally apacitated and not barred by any : _ impediment to contract marriage, but whose aeseluit 4 - marriage is nonethelesssid such a8 when ‘he marrage is declared vid on the groundof rsrcholgicaLineapacty or when it was cel ‘brated without valid marrngeticense.* 9 Article 148, the other hand, applies to void tT ‘marriages where the parties areincapacitated to mary each other, such as when the ‘marriage ig higamous.or one of the parties thereat are () Exception: I the subsequent marriage is void by reason of non-compliance with Article 40 (but the ‘ra 165, F ran FC oi ‘Vad RC, 2, QC, 20 SOWA 2 (1986, Bunaventrs¥.CA 484 ‘sma 1 cans) ‘era Fbr Fb, 414 SCRA 28 2000, ‘Hk Nels. TC, He, QC sp and Basnaentra CA, supra ‘Care. Canta pre. Wh iY y pepe PaRPONE. n [PERSONS & FAMILY RELATIONS prior marringois indeed void ab initio), tho proparty relations of the parties tothe subsequent marriage would still bo absolute-community oF conjugal partn (©) GeneralRule Ifthe marrago i judi void; donations propte-nyptias aro t the instanco ofthe DiaIS ual () Exceptions: eked (We ebecuent marge i lly de dlared Wr the BC, the anton aie cep ‘donee ) spouse contracted tho marrage in bad faith, 7 in which cas, the donation is revoked by op- eration oflaw.o* © (ii) [the marris ‘void under Acticle 44 of the - FC.(where both parties to a subsequent mar- ringe under-Article 41 of the FC acted in bad “fai, all donations proper nupias made by ‘one in favor ofthe other are revoked by opera- (oteequcn? "9 8S tion aflawe= beth avid in OF in a juaiciet® Bi eederarion of Blige peaunptie bad) Geneml-Rule If the desiguation of a spouse as beneficiary in the other's insurance policy is irre vocab, the insured cannot change such designa- tion oven if the marriage between the spouses be voids" (b) Bxcaplian: Ifthe subsequent is judicially 4 declared void by reason of Article 40 of the FC, the es innocent spouse may revoke on ifthe ‘WValdea RTC, Br. 102, QC, supra, ting AP $0 in relation ta Art 482, Fe, Sc. Issuance Code ‘Somed with Comcanner \ IN‘beneficiary spouse act in bad faith, even if such bine | ec (ncnss Tirmemmmmaniear | [pry wm ad Rapin tion 7 Ue | Be G : : = ‘ ~ fauna be sear and cuales not oPICi parent nsapous fer reguning vn oF rooire) wis @) “HUTRARCiTatied= contest during lucid interval; (@ ifthe ground is Herof parental coRBent, by free = file cctich OP bd. thewamespouse, ifhe or she was not aware jy, eabiation (withthe other) bythe party enti- rent wlir) of the-otherinsanity-at the time ofthe ~tled to seek annulment after attaining the age of ann! celebration of marriage; or as S years afer «.anyeelative-orperoon-havinglogal. charge (Gif the ground isvinsanityp by free cohabitation attanting 2) Y-0- ” softheinsane. (wth he a) bythe sane ar xing ( ifthe pound ofa i yea om orye — discovery aun oso See ae eee “Go ha geal i ferttintaeanaatne LY shot yes party ar aig al sate, within 8 yeaa Bom dneppearanc of ‘knarmesign of the frend mroundi & yrs. from dliccppearanee o 9/9 bd (9) the grounds physical incapaiity.Gunpotnct) = or afieaton-vth SUD Gerous and incurable), cae 5 gos fren celeb ration sae pce . 5 : sae" SEE wamiage Se . Secale sh eckre hema Fe ‘Scanned wth CamScanner(vi. LAW mevEweR within. 5. years from the celebration of the (*11(Ct marrioge (4) Avoidable marine canbe azz oly in direct ceeding fr Unt pupae and oot laterally (© A midable mariage to quan only. drig-be An 4 pee which ese tbe parties and ther the marriage had been perfodly valid " (6) The qroundor defect must be inexistenc at Une time of the -eclbration ofthe marriage 658) Grounds for Annulment of Voidable Marriages S31 Lackofpamnlalomsent: (a) _Who must give congent father, mother, surviving parent or guardian, or persons having legal charge ‘of the party who is at least 18 but below 21, i onder mentioned = Note, however, tha party is an illegitimate child, it is the consent of ‘the mether which is required because the child is ‘under the latter's parental authority.= >y file onny| -582 Insanity: toted of inton).(@) Reminder: The marriage is voidable whether or ‘atthe sane spouse was aware ofthe existenc of such insanity atthe time ofthe eleration of the aariage. Ifthe sane spouse had no knowledge of the other's insanity atthe time of theelebration of ‘the marriage, the sane spouse staneenelty 2, only to fle the action for annulint ‘he insane (daring lnc interval or afer regaining sanity) o¢_hismative, guardian or person having lea charge of him may file the ation for arciar annulment fons & hin ae FC Neat Bade pe = are ro. (PAR 16nd to 4, PC. ese AT FC Seat ara tho m ©) incane 5, velo Anal 4) insal ) consarit obtained thru! ‘offspring will be left as if. {ici Der Foc pr) THEY Faventalcenent PARTON, [PERSONS & FAMILY RELATIONS. fe nt 53.3 Goncentieobtained thre Frond: (a) Whatconstitute fraud: 1) Neertiselorure of previous convictions Requisites: (previous conviction by final judgment; Gi) the crimo must involve moral turpitude; and Gi) such fact wos not dislasd to tho other (CPriorto,oratleastduring;shecelebration of Uie marriage — 2) Conceatment of pregnancy hy--man-other than the hushan) ond ineurate vity lH Aru of elaine , Wtimidatien, juerce hic. inf p tency Requisite (tho wife was pregnant at tho timo of celebration of marriage; (ii) such pregnancy was by another man; and (ii) the same was concealed from the hus- band at the time of tho celebration of marriage. Coneeelimentof STD" eo (either party was aflited with STD atthe | timo of the celebration of the marringe, regardless of ite naturo (it may or may ve poy eG note serious or incurable) and » poo ph (WO cefebia Tien lke. afi) the same was concealed fo heather party at the time of the celebration of 2a FO. Ar 462 FC are 463), FC. ‘rar. 464, FC. ‘Scomed with CamScanner-Reguisites- (0) existence of drug addiction, habitual al- cabotism, bomoseruality or lesbianism, regariles of its nature, atthe time of celebration of marriage; and (i) the same was cacealed from the other party at the time ofthe celebration of the marrage. , ©) AEROS No wer circumstance ‘than the foregoing may constitute fraud for purposes of making the mamage anallable 5.4 Consnk is cbiained then Force Intimidation or Undue ‘Infueno, - (a) Requistes for Dares (Vielene and Intimidation © it must be the determining cause ofthe con- tract; (i) it must be unjust or unlawful; (Gi) it mast be serious or grave; and (Gv) itmasthave produced a reasonable and well- ‘rounded fear fom the fact thatthe person ‘ho employed it has the necessary means to inflict the threatened injury (©) Iai is just A threat to enfore one's claim through compelent authority, ifthe claim is stor. lea, oes nat vitae consent 585 Bitherparts was physical: incapable of consummating ~themamines impotence 1 Reminder: The ground refers to impoteney or the ‘shysica inability to perfarm the act ofgemual nter- eva ot sterility othe inability to proreate* ~ man a6 FC, (Are 1 kat par, NOC. eit San Se, 9 Fa . 6 we Macaig. CA, CHL No. L48642, al cr 53) ony KO (a) Requisites: ef the por fe is Pat ONE: 6 [PERSONS & FAMILY RELATIONS, 2, Requisites: (i) incapacity must be existing at the time of marriages ———— (i) iteontinues up to the tne of filing of petition for annulment; (ii) st appears to be incurable; and (iv) it must be unknown to the injured party at the time ofthe marriage. Bunden ofProof: Tholavepresumes potency. Hence, the burden of proof is upon the injured party who alleges the existence of impotency. But he wil ae aa husband. will be-presumedmimpotent-under the doctrine of “triennial cohabitation.” © Lart-4e(a)) (i) the STD must have existed atthe time ofthe marrage; ) itis unkmown tothe injured party; (ii) the injured party himself or herself was(a0t_) afflicted with the disease of the sam ne (io) it must be serious and appears to be incur- ables (b) Arf. 456 compared with Art 46/3 (i) 14-45(6), the ground is the existence of the _ STD itself in-46@) the ground is concealment ofthe STD; ——— (i) Tn 4606 the STD is required tobe serious and incurable; in.46(3), regardless ofits nature. he 6), FC. ‘Seamed wth CamScannersfany of thom wishes to remarry, otherwise, the subsequent ‘marriage willbe vid br ther iso criminal liability for bigamy. (2) Chilaren of the terminated mariage are considered -desitimate if conceived ar hor price tothe finality of the + “jedgment ‘of annolment= but parental suthority and ‘crtdy shall be exercised by the parent designated by the swark.™ In matter of custody, the paramount criterion is ‘he well of the child However, if the child is under 7 years f age, the Iw presumes thatthe mother isthe best ‘xstadian~ unles the court wil find compelling reasons to deprive her of eustly= The non custodial parent is ‘ctl, however, o visitation righta (3) Disscttion and liquidation of the abeclute community oF conjugal partnership, as the caso may be. However, if either party contractd the mariage in bad faith, his or ‘her share i the “net pros” call be frfeite in favor of (©) common children; (i) in default thereat, ehildrensof-the ‘guily-spouse_by-a. previous marriage; or (i) in default ‘Bere, te insane pause: 6} Bfscton donation poplerauptias: (3) Genem-rule: The donation proper auptios shall vremaia valid (0) Exresion: Bot if the donee acted in bd faith, the nor may revoke the donation recov mire ran FC, ras 2 re any POA 26 SOA 3s, Ue Nar 101 SCRA 88 ‘te, ta a, . ‘Tig a pr Pp. Cap, TS Ch sa: Daag Bay, ra Phe pa ot Me pre, (he, as et, HO an a ou Veen in {ic oth PART ONE: a PERSONS & FAMILY RELATIONS. emindaer Tho donation is revocable atthe instance of the donor,Jeven in the absence of a judgment of ‘annulment if the marriage is.voidable by reason of foods +0 4 inet of pqucntal ccrteet, deration lack of parental consent.e* fe reyecaLle \Gomcent spo "i ofthe (5) The fnnocent spouse may revoke-the-designation © alse acted in had faith as beneficiary in the {nauranco pliey ofthe formerreven ifthe designation be stipulated as irrevocable use nce of pdgment of 55) Role of the Solicitor General and the Public Prosecutor 55.1 Roleofthe OSG: (e) InRepublic.x.Iyoy, the personality ofthe OSG to appeal the decision ofthe trial court ina petition {for declaration of absolute nullity of a marriage was ‘questioned. It was argued that Article 48 ofthe FC ‘authorizes only the public prosecutar to intervene in such cases but not the OSG. The Court held that the State is a party in interes in this kind of cases ‘anditisonly the Solicitor General whois authorized to bring or defend actions on behalf of the People or the Republic of once thee . before the Supreme ¢ ‘or the Court of > (Appeals) Besides, the Court cared that under the-new Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, the authority of the Solicitor General to intervene and take part in the proceedings for - annulment aaeclaration of nullity of marriages before the RTC/and on appealto-higher courts is sow ey rogue (b) The requirement provided in-Republiou-Molina case forthe Solicitor General to issue a certification ¥8 50a lation wo A AR PC. ‘¥AR 30, in elation i AR AMS) PC 70 SCRA S08 20051 ‘Scomed with ConScanners (CVE. LAW REVIEWER _,_ ating his reasons for his agreement or opposition |). © lathe pion or declaration ot elit of args hasbeen with Slowing the imiplementa- tion of AMC No-U21-10C, othe Rule on Dee. laration of Absolute Nally of Void Marriages and Annulment of Voiable Maringes 552 Role of Public Prosecutor: (@) The public prosecutor is required to intervene in - . annulment and petition for declaration of nullity of void marriages in order to prevent-colluson _tetreen the partis and ta ensure thal. evidenc is yor jal wa - ' (©) In Corpus-v-Ochotorens.™ the SC held that the participation ofthe pubic prcectar was not sucient compliance with the foegning mandatary requiremeat Inthiscas,therespendent didnot fle Leeper araas a btcrromectiorentered appearance during the ex parte presentation peters evdeore and eve reezamiaed the ‘expert witness of the petitioner. The Court held that the court order to the public prosecutor for the investigation of whether clusion exists between the parties must be made before the trial could proceed and not after the trial on the merits had. already been had. (©) InMaleampo-Sin. Sin the SC ordered thé trial of the case for failure of the State, thru the publi prosecutor and the OSG, to participate in the procedings notwithstanding the denial of the tition for declaration af nullity o the marriage ‘The Court explained that the protection of marriage as a sacred institution requires not just the defense of a true and genuine union but the exposure of an! invalid one a wel. ‘Astonia, Reyes expr ‘hr 48, FC. Peas SCRA 46 2008). ‘255 SCRA 285 (001) PART ONE: » PERSONS & FAMILY RELATIONS, (@ In Anchete-wAncheta.* tho SC(‘granted) the petition for. the annulment of judgment rendered by the trial court granting the petition for declaration of nullity of a marrage on the ‘ground af psychological ineapacity where the wife Fn eter aac epton twas allowed to aduce evidence ex parte and the public prosecutor appeared for the State but did- bot object tothe motion of the petitioner to declare the respondent in default. (Tide Legal Separation) > NO Clefauilt_eccler jn cases & (ets. 547, FO) declaration ep nullity or annulment PF marriage 656) Distinguished from Annulment amd Annulment Divorce ‘Legal Separation ‘Marriage bond is sev- | Marringe bond is | Not severed. ered. severed. Cause ast at | Coune ay ei a) | Ono mt ext a i | Ca Sern = he 57) Grounds for Legal Separation (2)? Repeated physical violence against the petitioner, a com- > mon child or child ofthe petitioner; (2b Grossly abusive conduct against the petitioner, a com- ‘mon child or child of the petitioner, (3) "Physical vielence or moral pressure to compel the peti- tioner ion; (4) Attemptofrespondentocorruptorinduce the petitioner, 1 common child oF child of petitioner, taseogagonine { puostituion, or in connivance in such corruption or inducement; (6) Pinal judgment sentencing respondent imprisonment ay" of more than § years, even if pardoned; ‘224 SCRA 725 2004), ‘Seamed wth CamScannerVIL LAW RVR, (6) Drug addition, habitual alcoholism, lesbianism or homo- eae 2 a [ sbing the oer to obtain serualtyofrespondents — aloo gicurl fOr arnudmeait foarte nal Goieeingef sheet nous mariage, wheter. | Rs Gee eel in the Philippines or abroad; a grou fe pully from the mere.fact the the ply par Ser inklity 0 perversion; ty ealewer ta tbe eee end hse O solu fecabies sci paste an (9) Adem against theif ofthe petitioner, fence noceseay io prove > ere . Meee is evidence of the ground fer legal (20) Abandonment of petitioner without justifiable caus for separation dependently a uch co 2 are than ene year fein, th decree mat be granted. ‘Whatispehibediejadgment based 58) Defenses in Legal Separation = (1), Condonation= ' (2) Consent (6) Mutual guiltor reriminatin, or when both parties t - ground for legal separation. 1 : Condenation Consent (6) Prescription. —=> (Gives afer the ees is commit-| Ii gen in advance or prior tothe @ sive git 8 years ro Ssarence ED ted Is in he aatre of ca | omni woul “cause Sonal fares ef matrimonial | bea grand feral separation, . ; ! rnd (b) Reminder: Even ifnot interposed but the same is tfc whch weed ben for legal separation. bome hy the rend the court may dismiss the W) " 59) Effect of Death of a Party heel (a Ifa payed port enroute ce shal be terminated: = Caltasion (©) Ifa party dies afersile entry of judgment, the judgment [Wimpliesan agre=ment, expos | It ala implies an agreement be- shall bind the parties and their successors-in-interest. © crimp both epoura tothe | tren the prin for oe of ther a Ervund for legal separation = Seamer een) 4 60) Cooling-off Period Caving commie» matrimonial | (a)-RilesThe case shall not be tried within 6 months from the cf, eto migpras eden of fling of the petition. 2 ali denote pry of “De Ocampo eresane, GA No. 13559, Feb, 29,1959. shee ct am Art. 56(4), FC. she ton re 1 he st FO ci Safe { shen te a a Fe ‘Brown v. Yambao, G.R. No. L-10699, Ort. 18, 1987. ‘oe id Cae te Pl, 160, 5. ' See AM Ne 02111180 Gl caLagal Seperation. ‘Scanned wth CamScanner2 CTL LA TER () Recention If the ground for the petition constitutes “vinlones” ax defined in RA No, 9252 Anti-Vielence Against Women and Their Chikiren Ac of 2004), no ecoling- oF period hall npply. Instend, Ube enurt is mandated to imrnaintly ear the ene = (6) Reainder: The costing ff period does not prevent the court from hearing matin for preliminary injunction to prevent he respondent from managing the exclusive property of ye petitioner. 61) Rifrcts of Decree of Legal Separation (1) Right to tive separetely fom each other, but there is no severance ofthe marriage bonds As a consequence, the Ibuxtand no longer has the right of emsortium = (2) Demat and Tiqidation ofthe abolute community or {he comjupal parinernhip, asthe case may be. However, the dare of the offending spouse in the “net profita® stall be frfeited tn favor of: (i) eomamon children; i) in ‘default thervol, children of the guilty spouse by a previous marniage, or (iii) in default thereof, the innocent spouse. ‘fer which, the sponses shal be governed Oy 1 TEEN of mpleinonpartion (3) ght amber (2) Intestate-sucssnion: The offending spouse shall be nual wo nberi frente innecet epouse-= But ‘Ue iunocent spouse can inherit from the offending sms. w j Testamentary dispositions in favor of the clean spy existing othe tie of the finality of the decree af legal separation shall be revel ly persion oflaw.= Bu the offending spouse is uot inal inhers fu the inaacen spouse. es ees, hs Va CL Ne LS ly, TE me aie it, amin Law Cgc, I Ed (wh Ga a At LPC ies 4s “ul anon PRON A PAMILA RELATIONS Hence, ifthe favorable testamentary dispositions are made After the decree of legal separation, the same shall besa. > yeluetary reir (4) RightsoxeceivelegaLaupport: ~~ (a) -Rulay Aer the finality of thedecree oflegal separation, the obligation of mutual support between the spouses cease (b) —Bxception: The court may, however, order the guilty ‘spouse to give support tothe innccent spouse (6)-Donation Bropee.Aluptias (evceect Ly) 4(a) Donation propter nuptiaa made bythe innacent sponse Fr gteg as any bre Psrecot epoce MOS and te acto wo eeke mabe Hed “7 —— a se eyramenefcy >) cepted sf &(b). Donation propter nuptios made Sel pe ot be revoked by thedanoe-in case of legal separation — (ever) ‘andthe donee is the guilty spouse © Tofanarspamay rete deiatne ea spouse ast in the insurance policy ofthe former, ‘even if the designation be stipulated as irrevocable. (7) Castedyaf@hildran: ~ (@)_ Rule=Be it separation de facto or legal separation, parental authority and custody shall be exercised By the parent desigoated by the court In marers of custody, the paramount criterion is the welfare of the child."* However, if the child is under 7 years of fage, the law presumes that the mother is the best custodian," unless the court will find compelling _ aa 18 Fe. “a { Sear, age Baa) FC. sear 04. an 14 FC Sept» CA 2 SCRA S215 Uns Navara, 10 SCRA LSD (ase, a ‘Act 13, nd par PS apa CA pr ‘Scomed with ComScanner* vn. LAW REVIEW PANTONE: 6 PERSONS & FAMILY RELATIONS reasons to deprive her of custody." The non-custodial (©) Agreement. to Rovive Previous Property Regime: Parant{ enid, knee fo vielen righis7° (1) Reminder Upon. reconciliation and isquance of « (0) Reminder-Note, however, Uhal RA. No, 9262 prohib- 7/0, [PO ,L10 (a) ConcepcOfRNEEIOCORIELs: tis an order issued pursuant to the provisions of RA No. 9262 (Anti-Violence Against ‘Women and Their Children Act of 2004) for the purpose of ie (2 CA, xr: Haag. Haag, po rine Miguel sro (1) preventing further acts of violence committed against See 14 LASER a OO id ‘See 2 Ral Lgl Separation AM No. 211-1180) “A 6, FC. ‘Se Eh Mle a Lal Sparta, ‘Secu Ze and 24, AM No. LUIALSC. ‘See 24d, Hen eal Separation arte 88nd 107, ‘Scanned wth CamScannereg CIVIL LAW REVIEWER ® woman and her children, 48 provided under said law, and (2) affording other necessary reliefs, tobe enforced by concerned law enforcement. agencies.= () Threw kinds of protection order under Rik No: 9269 @ Barangay Protection. Order (RPO) ~ issued by the Cunong Barangay or, in case of his unavailability, by any Barengay-Kagewnd, which is intended to afford ) temporary relief to Ube victim = (ii) Temporary Protection Order (TPO) — issued by.tho -sourt upon the filing of the applieation-ofter-an-er ion of the need for such protection, which shall be effective for.30 daya. (ii) Permanent. Protection-Order-(BPQ) ~ issued by the court after notice. andhearing, which shall remain effective until it is G4) Rights and Obligations of Spouses (1) Obligation olive tgether.—~) (a) Bxception>Court may exempt dne spouse from living with the other if: (1) the other should live abroad; and (2)ifthere ia valid and compelling reason. (b) When-exemption-dooa_nat apply: If the same is not compatible with the solidarity of the family." (c) Reminders: (i) The court is powerioes to enforce such obliga- tion ‘Sec. 6, RA 9262. Sec. 14, RA 9282. See 15, RA S262 ‘Sec 16, RA 9262. Art 69, FC. tera, Mr Bidnr, 361 SCRA 41 (001 ‘Scomed with ComScanner