PERSONS AND FAMILY RELATIONS

● Laws shall take effect fifteen days following the completion of their publication in the Official
Gazette or in a newspaper of general circulation, unless it is otherwise provided – FALSE. Article
2: Law shall take effect after 15 days FOLLOWING the completion of their publication either in
the Official Gazette or in a newspaper of general circulation in the Philippines, unless otherwise
provided. (As amended by E.O. 200)

● A tax law is generally retroactive in application. - FALSE. Tax laws are NOT generally retroactive.
To make it applicable would take away or impair vested rights acquired under existing laws, or
create a new obligation and impose a new duty, or attach a new disability, in respect of
transactions or considerations already past.

● When the law speaks of years, it shall be understood that years are of 365 days each. – FALSE.
Article 13 of the Civil Code provides that a year is equivalent to 365 days. However, the
Administrative Code of 1987 states that a year is to be understood as 12 months. Administrative
Code, as the more recent law, should govern.

● Article 16 of the CC defines the renvoi doctrine – FALSE. 1st paragraph refers to Lex Rae Sitae
where real and personal properties are subject to the law of the country in which they are
situated. 2nd paragraph refers to the national law of the decedent with respect to some aspects
of intestate and testate succession.

On the other hand, renvoi doctrine means referring back; the problem arises when there is doubt as to
whether a reference to a foreign law is a reference to the internal law of said foreign law;or a reference
to the whole of the foreign law , including its conflict rules.

● In no case may a person without fault or negligence be liable for indemnity resulting from the
damage of another’s property – FALSE. Damnum Absque Injuria: “One who makes use of his own
legal right does no injury. If damage results from the filing of the complaint, it is damnum absque
injuria.” (ABS-CBN vs. Republic Broadcasting)

● An insane person is exempt from all obligations because of his incapacity – FALSE. Insanity is a
mere restriction on a person’s

capacity to act and do not exempt the incapacitated person from certain obligations. Hence, an insane
person may be liable for acts made during a lucid interval. (Article 38, CC)
 ● A married woman is qualified for all acts of civil life without exceptions

– TRUE. Article 39 (2): A married woman, twenty one years of age, is qualified for all acts of civil life,
except in cases specified by law.

● The judicial declaration of absence shall not take effect until a year after its publication in a
newspaper of general circulation. – FALSE. Judgment of the court in a summary proceeding
declaring the absence of the spouse shall be immediately final and executor. (Republic vs. Tango)

● The administration over the property of an absentee may not cease at the instance of a third
party claiming ownership of the said property – FALSE. Sec. 8 of Rule 107 of the RoC provides:

Termination of administration. — The trusteeship or administration of the property of the

absentee shall cease upon order of the court in any of the following cases;
(a). xxxxxxxxxxxxxxxxxx (b). xxxxxxxxxxxxxxxxxx
(c). When a third person appears, showing by a proper document that he has acquired the
absentee's property by purchase or other title.

● A law to take effect immediately upon signing by the President is void

– FALSE. It does not make the law void, but it will not take effect until it is published in accordance with
Art. 2 of the NCC.

● Senate rules on the conduct of public hearing in aid of legislation must be published to be valid –
TRUE. The word ‘laws’ in Art. 2 of the CC include all laws and not only those of general
application; for strictly speaking all laws relate to the people in general albeit there are some
that do not apply to them. Hearings conducted by the Senate in aid of legislation affect the
public; hence, the rules therefor must be published.

• An ordinance passed by Muntinlupa City must be published in accordance with Article 2

of the CC – FALSE. Ordinances are not covered by Art. 2 of the CC. Section 59 of the LGC governs the
effectivity of Ordinances.

● The rules of procedure in the conduct of administrative proceedings against erring employees of
PAGCOR, a government corporation, must be published in the official gazette – FALSE.
“Interpretative regulations and those merely internal in nature, that is, regulating only the
personnel of the administrative agency and not the public, need not be published.” (Tanada vs.
Tuvera 146 SCRA 446)
 ● A law changing the name of Taft Avenue to Benigno Avenue mentioned by the President in his
SONA with full TV and radio coverage is valid because no publication is in fact required in this
case – FALSE. Publication is an indispensable requirement for a law to be valid. The word ‘laws’
in Art. 2 of the CC include all laws and not only those of general application, for strictly speaking
all laws relate to the people in general albeit there are some that do not apply to them. (Tanada
vs. Tuvera 146 SCRA 446)

● A law reorganizing the National Telecommunications Comission (NTC) may be published through
the official NTC website since it is of particular application to said agency – FALSE. Publication
can only be made through the Official Gazette or newspaper of general circulation as provided
by Art. 2 of the CC.

● A law naturalizing Andray Blatche to play for Gilas Pilipinas must be published pursuant to Article
2 of the Civil Code – TRUE. “The word ‘laws’ in Art. 2 of the CC include all laws and not only
those of general application, for strictly speaking all laws relate to the people in general albeit
there are some that do not apply to them. An example is a law granting citizenship to particular
individual, like a relative of President Marcos who was decreed instant naturalization”. (Tanada
vs. Tuvera 146 SCRA 446)

● A provision in a contact of lease in a mall allowing temporary padlocking of the stall is valid –
TRUE. A Contract of Lease is primarily governed by the agreed stipulations of the parties and a
lessor is allowed to provide for measures to ensure compliance with Lease

Terms. What the law prohibits is the extrajudicial ejectment as such may constitute Grave Coercion.

● A provision in a modeling contract with FHM requiring the model to return the fee if she
becomes pregnant within 3 months from publication is a valid waiver – FALSE. Such waiver is
contrary to public policy; thus, invalid. (Art. 6, NCC)

● A repealed law is revived when the repealing law is subsequently repealed by a third law –
FALSE. Well-settled is the general rule that the repeal of second law by a third law does not
automatically revive the first law. As an exception, such first law is revived only if it was
IMPLIEDLY repealed by the second law. (Art. 7, NCC)

● International law is always supreme over domestic law – FALSE. Domestic laws are always
supreme of over international laws, the latter applying to local cases in a mere suppletory
manner when then the domestic laws are insufficient.
 ● In computing a period, the first day shall be excluded and the last day included except when the
first of last day falls on a Sunday or a holiday – FALSE. In computing a period, whether or not the
first or last day is a Sunday or Holiday is irrelevant. As an exception, whether the last day of the
period falls on any such day (Sunday or Holiday) only becomes material in cases of Court issued
orders or obligations due and executable only on working days.

● When a doctrine of the SC is overruled and a different view is adopted, the new doctrine should
be applied prospectively unless it is favorable to the accused – TRUE. Under Art. 8 of the NCC,
Judicial Decisions form part of the legal system of the Philippines. Thus, treated like laws,
doctrines shall be applied prospectively, having retroactive effect only on exceptional
circumstances (like when it is favorable to the accused who is NOT a habitual criminal).

● A common carrier allowing passengers to ride on top of the vehicle as is customary in the place
may be exonerated from liability because a person who had every reason and assurance to
believe that he was acting under the sanction of the strongest of all civil forces, the custom of a
people, should not be liable – FALSE. Common Carriers are

required by law to exercise utmost extraordinary diligence in transporting persons and goods; such
requirement cannot be overruled by mere customs.

● Parties cannot stipulate on what the law is but a court make take judicial notice of a foreign
divorce law when the parties so stipulate and none of them will claim otherwise - TRUE. A court
may not require presentation of evidence to the foreign divorce law when such is well known
and may have been encountered by the courts in previous cases; and when non of the of parties
contest the same.

● One year from February 1, 2016 shall be January 31, 2017 because 2016 is a leap year – FALSE.
One year shall be 12 months in accordance to a special law. [editor’s note: Section 31, Chapter 8
of Executive Order 292 or the Administrative Code of 1987; a stipulation of 1 year as period shall
be 12 calendar months, not 365 days.]

● By estoppel, a 14-year old alien, who is a minor under his national law, may enter in a valid
marriage contract in the PHL – FALSE. Only persons who have reached the age of majority (18yrs
and above) can enter into a valid marriage contract in the Philippines.
 ● The PHL has a practice of accepting the referral in cases of renvoi thus applying the foreign law
to the conflicts case before it, provided that the foreign law is not contrary to PHL public policy -
FALSE. In cases of renvoi, it is the domestic law, which must be applied.

● As a general rule, divorce decrees obtained by foreigners in other countries are recognizable in
our jurisdiction, but the res judicata effects thereof must still be determined by our courts -
FALSE. Philippine courts cannot take judicial notice of foreign decisions.

● If a third person dealing with an agent is unaware of the limits of authority conferred by the
principal on the agent and the third person has been deceived by the non-disclosure thereof by
the agent, the latter is liable for damages to the principal under the provisions on human
relations - FALSE. The agent is liable to the principal under the provisions of agency.

• A mortgagee may take steps to recover the mortgaged property to enable to enforce or
protect its foreclosure right thereon – TRUE. An owner may take the necessary steps in order to protect
his properties

● An educational institution can be held liable for damages for encouraging a student into
believing that he can survive law school – FALSE. Art. 21 of the NCC states that, "Any person who
willfully causes loss or injury to another in a manner that is contrary to morals, good customs or
public policy shall compensate the latter for damage." The act of the educational institution of
encouraging its student into believing that he can survive law school is not contrary to morals,
customs or public policy thus, shall not be liable to damages.

● A wrongful advertisement in the newspaper where the house of Doctor C in Bagong Pag-asa QC
is located in Forbes Park, Makati, may fall under the protection of Art. 26 of the NCC - TRUE.
Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors
and other persons.

● The absolute nullity of the previous marriage in a case pending before the RTC in Manila may
pose a prejudicial question in a bigamy case pending before the same court – FALSE. In Mercado
v. Tan, a judicial declaration of nullity of a previous marriage is necessary before a subsequent
one can be legally contracted. One who enters into a subsequent marriage without first
obtaining such judicial declaration is guilty of bigamy. Therefore in this case, there is no
prejudicial question since the crime of bigamy has already been consummated.

● A law student in a sexual relationship with his male professor has a cause of action against the
latter for damages - FALSE. Under Art. 21 of the Civil Code, to be entitled to damages the
 following are the requisites: 1. there is a legal act 2. but which is contrary to morals, good
customs, public order or public policy 3. It is done with intent to injure another. Mere sexual
relationship between the student and the professor is not an actionable wrong without proof of
the intent of one to injure another.

● MERALCO can cut off electricity supply to a non-paying customer – TRUE. Under art. 22 of CC,
every person who through an act of performance by another, or any other means, acquires or
comes into possession of something at the expense of the latter without just or

legal ground, shall return the same to him. In the case, the non- paying customer no longer has legal or
just right over the electricity provided for by MERALCO and therefore, Meralco can cut off its electricity
supply provided notice has been given.

● The court must protect an igorot entering into a contract with a mestizo – FALSE. Being an igorot
is not an incapacity under art. 38 of NCC.

● Juridical capacity contemplates a dynamic condition while capacity to act is static – FALSE.
Juridical Capacity is static as it is inherent in every natural person and may only be lost through
death and, cannot be limited or restricted while capacity to act is dynamic as it may be lost
through death and other causes and, it can be restricted, modified of limited.

● Derecho is the power to demand from another a prestation – TRUE.

Derecho means right.

● A dog may be considered a person in view of animals welfare laws – FALSE. Persons may either
be natural or juridical. Animals are neither natural persons nor juridical persons as defined by
law.

● The estate of a deceased is considered a person – TRUE. In the case of Limjuco v. Estate of Pedro
Fragante, the Court rules that under the bill of rights, the term "person" used in section 1 (1) and
(2) must be deemed to include artificial or juridical persons, for otherwise these latter would be
without the constitutional guarantee against being deprived of property without due process of
law, or the immunity from unreasonable searches and seizures. Among these artificial or juridical
persons figure estates of deceased persons. Hence, we hold that within the framework of the
Constitution, the estate of Pedro O. Fragrante should be considered an artificial or juridical
person for the purposes of the settlement and distribution of his estate which, of course, include
the exercise during the judicial administration thereof of those rights and the fulfillment of those
obligations of his which survived after his death.
 ● An insane person committing rape is exempt from all liabilities –

FALSE. Insanity is a mere restriction on the capacity to act and do not

exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from
property relations such as easements (Art 38, Civil Code)

● A person who suffers from monomania of wealth is incapacitated to give consent in a contract –
TRUE. Monamania is a form of insanity. (An insane person is incapacitated to give consent,
unless the contract was entered into in a lucid interval - Art 1328, Civil Code)

● The contract of a minor is voidable in all cases – FALSE. The contract is not voidable when the
minor misrepresents his age. It must be an active, not merely constructive representation. This is
based on estoppel, which presupposes capacity to misrepresent. The circumstances of the minor
(i.e. he appears to be of legal age) must be of such nature that it could have been relied upon by
the other party. Otherwise, the contract remains voidable. (Memory Aid 2015 citing Jurado,
Obligations and Contracts)

● A woman gave birth to a child who died 23 hours after complete delivery. Did the child acquire
personality? – IT DEPENDS on the length of intra-uterine life. For Civil purposes, if the fetus had
an intra-uterine life of less than 7 months, it is not deemed born if it dies within 24 hours after
its complete delivery from the maternal womb. If the intra-uterine life is 7 months or more, the
fetus is considered born if it is alive upon complete delivery even if the child dies within 24 hours
(Art 41, Civil Code)

● Civil death extinguishes civil personality – FALSE. Civil personality is extinguished by DEATH not
CIVIL DEATH. (Art 42, Civil Code)

● State the rule on survivorship. If there is a doubt, as between two or more persons who are
called to succeed each other, as to which of them died first, whoever alleges the death of one
prior to the other, shall prove the same; in the absence of proof, it is presumed that they died
at the same time and there shall be no transmission of rights from one to the other. (Art 43,
Civil Code)

● Define marriage. Marriage is a special contract of permanent union between a man and a
woman in accordance with the law
for the establishment of conjugal and family life. (Art 1, Family Code)

● The company policy of a modeling company making marriage a ground for termination is valid –
FALSE. It is against public policy.

● The operation of a mail-order bride business in the PHL is unlawful even if the parties are
required o meet personally and consent to the marriage only after counseling – TRUE. Such
operation of the business is unlawful as it is against law, particularly RA 6955 which banned the
practice of matching Filipino women for marriage to foreign nationals on a mail order basis and
other similar practices, including the advertisement, publication, printing or distribution of
brochures, fliers and other propaganda materials.

● The subsequent marriage between a woman who rapes a man

extinguishes criminalliability –

In cases of seduction, the marriage of the

offender with the offended party shall extinguish the criminal action or remit the penalty already
imposed upon him. (Par 4, Art. 344 of RPC) The subsequent valid marriage between the offended party
shall extinguish the criminal action or the penalty imposed. (Art 266-C of RA 8353)

● A divorce law cannot be passed by Congress without amendment of Article XV of the

Constitution – TRUE. The State recognizes the Filipino family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promote its total development. (Sec 1,
Art XV, 1987 Constitution)

● To some extent, marriage sheds some privacy of the spouse, thus the wife can compel the
husband to show text massages in his cellphone – FALSE. The constitutional injunction declaring
"the privacy of communication and correspondence to be inviolable" is no less applicable simply
because it is the wife (who thinks herself aggrieved by her husband's infidelity) who is the party
against whom the constitutional provision is to be enforced. The only exception to the
prohibition in the Constitution is if there is a lawful order from a court or when public safety or
order requires otherwise, as prescribed by law. (Zulueta v. CA, G.R. No. 107383, February 20,
1996)
● The company policy of Mercury drug requiring the resignation of an employee who is related by
consanguinity of affinity to an officer of Watson’s to avoid conflict of interest is valid – TRUE. The
company has a right to guard its trade secrets, manufacturing formulas, marketing strategies and
other confidential programs and information from competitors. The prohibition against personal
or marital relationships with employees of competitor companies upon the company’s
 employees is reasonable under the circumstances because relationships of that nature might
compromise the interests of the company. (Duncan Association of Detailman-PTGWO and Pedro
Tecson

v. Glaxo Wellcome Philippines, Inc., G.R. No. 162994, September 17, 2004)

● A company policy prohibiting employees from marrying each other is valid – FALSE. A company
policy must be reasonable under the circumstances to qualify as a valid exercise of management
prerogative. The protection given to labor in our jurisdiction is vast and extensive that we cannot
prudently draw inferences from the legislature’s silence that married persons are not protected
under our Constitution and declare valid a policy based on a prejudice or stereotype. (Star Paper
Corp v. Simbol, G.R. No. 164774, April 12, 2006)

● Congress may enact a valid law allowing same-sex marriage in the PHL

– TRUE. There is nothing in the Constitution which prohibits same sex marriage. However, the provisions
of the Family Code will have to be amended as it is provided in Art 1 thereof that “Marriage is a special
contract of permanent union between a man and a woman entered into in accordance with law for the
establishment of conjugal and family life.” Art 2 thereof also provides for a marriage to be valid, there
must be legal capacity of the contracting parties who must be a male and a female.

● The same-sex marriage between a Filipino and an American solemnized in the US is a valid
marriage – FALSE. Laws relating to family rights and duties, or to the status, condition and legal
capacity of persons are binding upon citizens of the Philippines, even though living abroad. (Art.
15 CC) No marriage shall be valid, unless these essential requisites are present: (1) Legal capacity
of the contracting parties who must be a male and a female (Art. 2 FC)
● A marriage solemnized in 1975 between a Stephen (I think this is supposed to be a stepchild?)
and the daughter of his father’s wife is valid. – FALSE. Under Article 80 of the old Civil Code, the
law in force at the time of marriage, a marriage between stepbrothers and stepsisters and other
marriages specified in article 82 shall be void from the beginning.

● A marriage through Skype between a man in Davao and a woman in Manila is valid because it
involves a mere irregularity in a formal requisite. – FALSE. It is not a mere irregularity. Under
Article 3(3) of the Family Code, there must be a marriage ceremony that takes place with the
appearance of the contracting parties before the solemnizing officer and their personal
declaration that they take each other as husband and wife in the presence of not less than two
witnesses of legal age.

● In the Philippines, the gender of a person at birth is immutable.

–TRUE. In Silverio v. Republic, the SC ruled that considering that there is no law legally recognizing sex
reassignment, the determination of a person’s sex made at the time of his or her birth, if not attended by
error, is immutable.

● The marriage in the Philippines contracted by an alien who underwent sex change operation
may be valid. – TRUE. Provided that the marriage complies with the essential and formal
requisites of marriage enumerated under the Family Code. Solemnities of marriages are
governed by the laws of the country in which they are executed (Article 17 New Civil Code).

● An intersex individual may choose to be a she or a he. –TRUE. In Republic v. Cagandahan, the SC
ruled that where the person is biologically or naturally intersex the determining factor in his
gender classification would be what the individual, like respondent, having reached the age of
majority, with good reason thinks of his/her sex. [editor’s note: intersex is another term for
hermaphrodite]

● A marriage solemnized by a priest and witnessed only by a 71-year old man and a 22-year old
monkey is valid. –TRUE. The requirement of at least two witnesses of legal age is merely
directory so that a failure to

comply therewith does not invalidate the marriage (Rabuya, page 149).

● A marriage solemnized between Bedan law students solemnized by a barangay chairman may be
valid under Article 35, paragraph 2 of the Family Code. – FALSE. The good faith referred to in
Article 35(2) must necessarily be one that is based on a mistake or ignorance of facts and not
based on ignorance of law, following Article 3 of the New Civil Code (Rabuya, page 208).

● A marriage between a Japanese and a Filipino solemnized in the PHL without the certificate of
capacity to marry under Article 21 of the FC is valid provided a license was obtained. - TRUE.
Article 3 only requires that a marriage license be obtained for the marriage to be valid. In this
case, the license was indeed issued and as such, Article 3 has been fulfilled. Its issuance without
the certificate of capacity to marry (under Article 21) is a mere irregularity in the license’s
issuance which does not affect its validity.

● A male foreigner killing his alien husband in the PHL commits parricide if they were married in
the country where same-sex marriage is valid. [answerer’s note: ????. Does not indicate whether
or not the alien spouses are citizens of the country where they got married (where same-sex
marriages are allowed). What if they are citizens of a country na bawal pero they got married in
a place na pwede? ANYWAYS. I’ll assume that they are citizens of the country where they got
married.] TRUE. Article 15 of the Civil Code applies which provides that the national law of the
 person shall apply as to the status and legal capacity of the person. Since both parties are
capacitated to marry each other by their national law and they have so married, they shall be
considered as married here in the Philippines. They also do not fall under any of the exceptions
under Article 26. As such, the killing of one spouse of the other constitutes parricide.

● A marriage in articulo mortis may be solemnized by Judge Palamos in Mindanao during a military
operation. FALSE. Although a marriage in articulo mortis may be solemnized in Mindanao during
a military operation, Judge Palamos cannot be the solemnizing officer. Being a judge in Makati’s
judicial territory, she can only solemnize marriages within the same. The articulo mortis
character of the marriage does

not set aside the requirement of the authority of the solemnizing officer, only the requirement of the
marriage license.

● Justice Bello may solemnize a marriage in articulo mortis. FALSE. Justice Bello is no longer an
incumbent member of the judiciary; he is retired. As such, he is not authorized under Article 7 of
the Family Code.

● In case of a marriage in articulo mortis, the party at the point of death need not give his consent.
FALSE. He must still give his consent, it being one of the essential requisites under Article 2.
Marriage in articulo mortis only exempts the couple from the marriage license requirement and
not anything else.

● A marriage may be solemnized by Pope Francis in the PHL. TRUE. Article 7 does not limit the
authority of the priest, rabbi, imam or minister to any territoriality or jurisdiction. As such, Pope
Francis may solemnize a marriage in the PHL.

● A marriage shall be solemnized publicly in the chambers of the judge or in open-court, chapel or
temple, or in the office of the consul- general, consul or vice-consul, but not at a Jollibee outlet.
FALSE. Under article 8, both parties may request thru a written sworn statement that the
marriage be solemnized at a place designated by them, and that could be in a Jollibee outlet.

● A marriage license shall be valid in any part of the PHL or inside the premises of a PHL consular
office abroad. TRUE. Marriage license shall be valid in any part of the PHL as per Article 20. The
premises of the PHL consular office is considered as PHL territory and as such, the marriage
license shall only be valid therein.
● The marriage license shall be valid in any part of the Philippines or inside the premises of the
PHL consular office abroad. – FALSE. The marriage license shall be valid only in the Philippines
and not abroad (Art. 20; Sta. Maria p. 150). As far as “abroad” is concerned, it can be inferred
from Art. 10 that marriage license abroad must be from the consular official abroad authorized
by the code to solemnize marriages.
● PHL courts may take judicial notice of divorce laws of a foreign country if none of the parties
would claim otherwise – TRUE. During the trial, the court, on its own initiative, or on request of
a party, may announce its intention to take judicial notice of any matter and allow the parties to
be heard thereon (Sec. 3, Rule 129, Rules of Court). The Court may take judicial notice of divorce
laws of a foreign country as long as the parties are heard, and there are no objections.

● Marriages between Ilocanos may be performed validly without the necessity of a marriage
license – FALSE. A valid marriage license is one of the formal requisites of marriage (FC Art. 3
(2)). That they are both Ilocanos is not one of those cases where a marriage license is not
required (FC Arts. 27-34).

● The absolute nullity of a previous marriage may not be invoked for purposes of remarriage
without a final judgment declaring such previous marriage void – TRUE. The absolute nullity of a
previous marriage may be invoked for purpose of remarriage on the basis solely of a final
judgment declaring such previous marriage void (FC Art. 40).

● Concealment of hepatitis B, regardless of its nature, existing at the time of the marriage if a valid
ground for annulment of marriage – TRUE. A valid ground for annulment is consent obtained
through fraud (FC Art. 45(3)), wherein the fraud is committed through the concealment of a
sexually transmissible disease, regardless of its nature, existing at the time of marriage (FC Art.
46(3)).

● The action for annulment of marriage may be filed by the parent or guardian of the party whose
consent was obtained through fraud. – FALSE. The action can only be filed by the injured party
(Art. 47, in relation to Arts. 45 and 46). Therefore, only the spouse whose consent was obtained
by fraud may file the action.

● Children conceived or born before the judgment of annulment or absolute nullity of marriage
has become final and executory shall be legitimate – FALSE. Only the children conceived or born
before judgment of annulment or absolute nullity of marriage under Art. 36 has become final
and executory shall be considered legitimate, and those conceived or born of the subsequent
marriage under Art. 53
(Art. 54). As to those declared void ab initio or annulled under Arts. 40 and 45, their effect excludes Art
43(1), which provides for the legitimacy of the children.

● Drug addiction or habitual alcoholism of the petitioner is a valid ground for legal separation –
FALSE. A person seeking relief must come before the courts with clean hands (Maxim: “He who
comes into equity must come with clean hands”). In this case, the party seeking relief is the one
who committed the ground for legal separation. Further, it would be absurd for courts to allow
legal separation based on the ground one has, as it will encourage people to commit grounds
themselves and have their legal separation based on their own ground.

● Psychological incapacity of the petitioner is a valid ground for a declaration of nullity of marriage
– TRUE - any one of the spouses may petition for the declaration of the nullity of the marriage, it
does not require that only the innocent spouse may file for the declaration of nullity of marriage

● A lesbian may not petition for legal separation from her gay husband – TRUE - Article 56(4) of
the FC states that where both parties have given ground for legal separation, the petition for
legal separation shall be denied. [editor’s note: Lesbianism or homosexuality being a ground for
Legal Separation under Article 55(6); and both parties having committed them both.]

● After legal separation the custody of the minor children shall be awarded to the innocent spouse
in all cases – FALSE. It is always the mother who shall have the custody of a child seven years old
and below

● The offending spouse in an action for annulment shall be disqualified from inheriting from the
innocent spouse by intestate and testate succession - TRUE as stated in article 63 (4) of the FC

● A void marriage under Article 36 of the FC shall be governed by Article 148 of the same code –
FALSE. It shall be governed by Article 147 of the FC

• In case of denial of a petition for legal separation, the petitioner may appeal even
without first filing a motion for reconsideration – FALSE. The filing of the motion for reconsideration is
required before the filing an appeal

● The action for annulment of marriage may be filed by the parent or guardian of the party whose
consent was obtained through fraud – FALSE. Only the injured party whose consent was
obtained through fraud may file the action for annulment.
● A monetary obligation of the decedent may be inherited by an heir in the sense that whatever
payment made from the estate in ultimately a payment by the heirs or distributees since the
amount of the paid claim in fact diminishes or reduces the share that the heirs would have been
entitled to receive – FALSE. Monetary obligations are not part of the decedent's inheritance.
While The debts of the deceased still remain unpaid, no residue may be divided among the heirs,
legatees and devisees. (Lao vs Dee, Jan 23, 1952)

● The reconciling spouses may adopt a property regime different from what they had prior to legal
separation. FALSE. They can only revive the former property regime Art. 66 of the FC provides, "
The reconciliation referred to in the preceding Articles shall have the following consequences: (1)
The legal separation proceedings, if still pending, shall thereby be terminated at whatever stage;
and (2) The final decree of legal separation shall be set aside, but the separation of property and
any forfeiture of the share of the guilty spouse already effected shall subsist, unless the spouses
agree to revive their former property regime."

● If the benefit from a wife’s business accrued prior to the objection of her husband, the resulting
obligation shall be enforced against the separate property of the wife. TRUE. Art. 73. Either
spouse may exercise any legitimate profession, occupation, business or activity without the
consent of the other. The latter may object only on valid, serious, and moral grounds. In case of
disagreement, the court shall decide whether or not: (1) The objection is proper; and (2) Benefit
has occurred to the family prior to the objection or thereafter. If the benefit accrued prior to the
objection, the resulting obligation shall be enforced against the separate property of the spouse
who has not obtained consent.
● We adhere to the rule of mobilia sequntur personam in the Philippines. FALSE. Mobilia
sequuntur personam means, "movables follow the person". The doctrine holds that personal
property held by a person is governed by the law of the owner's domicile. As a general rule, we
adhere to the principle of Lex situs, as per Art. 16, which provides that, "Real property as well as
personal is subject to the law of the country where it is situated." But for purposes of personal
properties for taxation, we adhere to the doctrine of mobilia sequuntur personam.

● A married woman is qualified for all acts of civil life without exceptions. FALSE. Art. 39 of the CC
provides, "A married woman, twenty-one years of age or over, is qualified for all acts of civil life,
except in cases specified by law."

● In case of a marriage in articulo mortis, the party at the point of death may sign the marriage
certificate. TRUE. Art. 6. Of the CC provides, "In case of a marriage in articulo mortis, when the
party at the point of death is unable to sign the marriage certificate, it shall be sufficient for one
 of the witnesses to the marriage to write the name of said party, which fact shall be attested by
the solemnizing officer."

● The marriage shall only be solemnized publicly in the chambers of the judge or in open court, in
the church, chapel or temple, or in the office of the consul-general, vice-consul, as the case may
be. FALSE. With the exception of those cases of marriages contracted at the point of death or in
remote places in accordance with Art. 29, or where both of the parties request the solemnizing
officer in writing. (Art. 8 FC)

● Contracting parties between the age of 21 and 23 shall be obliged to ask their parents or
guardians for advice upon the intended marriage FALSE. Art. 15 of FC provides, "Any contracting
party between the age of twenty-one and twenty-five shall be obliged to ask their parents or
guardian for advice upon the intended marriage. "

● An heir may sell his share in the inheritance after the death of the decedent although the will
has not yet been probated. TRUE. Art. 777 of the NCC provides that the rights to the succession
are transmitted

immediately from the moment of death. However the sale shall pertain only to his undivided share in
the estate and not a particular property.

● If X was instituted as a substitute in the event Y is incapacitated, the substitution will be valid if Y
instead repudiates his inheritance. FALSE. The substitution will only take effect if Y is
incapacitated and not when Y repudiates.

CIVIL LAW REVIEW

Vice Dean Delson Quiz No. 1

1. The Family Code took effect on August 3, 1988 or 15 days after the completion of its
publication in a newspaper of general circulation.

FALSE. Because the effectivity date/clause of the Family Code is not governed by the general rule on
15 days but it has own – 1 year after the publication. The publication of the Family Code was done in
August 4, 1987 and considering that 1988 was a Leap Year, the authors counted 365 days pursuant to
Article 13 of the Civil Code, and so they arrived at August 3, 1988. Supreme Court decisions also used
August 3, 1988 as the date of effectivity.
Except that that if we consider the decision in *case – Article 13, in so far as the definition of the year
have been repealed by the Administrative Code of 1987 it would appear that the correct date of
effectivity is August 4, 1988. BUT IT DOES NOT MATTER – SO FALSE!

2. The tabloid People’s Tonight is a newspaper of general circulation

TRUE. Newspaper of general circulation, as mentioned in the *case,

1. The contents of which are used in general information

2. It must have regular base of subscribers
3. Published at a regular interval

In determining if it is a newspaper of general circulation, it does not matter whether it is a

broadsheet or a tabloid.

3. Exceptionally, an administrative regulation may prevail over a statutory enactment if the

former is more equitable and just than the latter.

FALSE. Hierarchy of laws under Article 7 – Constitution, Statutory Enactments, Executive

Implementing Rules, Customs. But some authors would like to add Judicial Decisions, after
administrative regulations. Strictly, judicial decisions are not laws.

If there is a conflict between an administrative implementing regulation and a statutory enactment,

applying the hierarchy, the republic act (statutory enactment) will prevail. The only time when courts
will apply [different] - if there is ambiguity in the interpretation of the law, otherwise, they are
governed by the general rule of dura lex sed lex. The function of the judge is to rule in accordance
with the law as it is, but if he wants, he may come up with the recommendation.

4. A law may validly stipulate its effectivity to be 15 days after publication, or through posting in
public places or in social media.

TRUE. Article 2 of the Civil Code, there is a requirement for publication in a newspaper of general
circulation in the Official Gazette. Initially, it used to be publication only in the Official Gazette, but by
amendment Executive Order 200 issued by President Cory, included a newspaper of general
circulation.

And they were saying that at that time, no one bothers to read the official gazette and it is better if
the intention of publication is [achieved, which is] to inform the public about the law, [hence] the
newspaper is the best means of [achieving the] publication [requirement].

But you did not read the newspaper this morning, right? But you opened your Facebook. So perhaps,
if Congress will come up with a law, and they say that publication can be done through posting in the
social media, it is within the jurisdiction of Congress to amend or modify the law.
 5. What is an Ex Post Facto Law?

One which makes an act criminal, when it is not made a crime at the time of its commission.

In Article 4, the rule on effectivity of laws is prospectivity. We will not allow retroactive application of
a law, simply because you will not be expecting people to be observing a rule that has not yet been in
effect at the time of the commission of the act.

But there are exceptions to the rule on prospective application:

1. If the law itself provides for retroactivity. Like in Art 256 of the Family Code, stating that it will
have a retroactive application – even if the marriage was solemnized prior the Family Code, you
can still apply the provisions of the Family Code. Exception is infringement of vested rights,
recognized to that exception. Otherwise, the law is an ex post facto law.
2. Bill of attainder
3. If the increase …
4. If it is curative (Curative Law is one passed by the Congress to cure a defect to in earlier [mistake
of law]. In the case of DBP, socialize housing but there is another law that will make this
transaction void, and so, Congress will need to pass a law to cure that defect. So it is retroactive
since the objective is to cure a mistake or defect in a previous act.)
5. If it is procedural. There will be no vested right
6. A penal law which is favorable to the accused who is not a habitual delinquent. (If it will lower
the penalty. If it will decriminalize the act.) It can apply at ANY TIME, even after serving sentence
– in lieu of accessory penalties.
7. Tax laws. But tax laws are application, they can only be

allowed retroactive application if the law itself provides for retroactivity, or if it can be gleaned
from the provisions of the law that Congress intended it to have retroactive application. Not a
tax case, but in the case of PNB, the Presidential Decree 957, does not have a provision that it
will have a retroactive application, but the Supreme Court said that if you read the whereas
clause of that decree, the intention of the President in issuing was to give relief to those who
have been victimized by developers of subdivision. By mere intent of President in issuing the
decree, it should be given retroactive application.

6. A divorce obtained by a Filipino abroad is valid, if the marriage was solemnized in the same
place where the divorce was obtained.

FALSE. The personal law of a Filipino shall be Filipino even if he is abroad, under Article 15. And
paragraph 3 of Article 17, will not allow us to give recognition of a divorce obtained by Filipinos
abroad. (Note: assuming that they were married in PH)
[But if they got married in a country that allows divorce, Republic v Manalo governs:
Republic vs. Manalo.Paragraph 2 of Article 26 speaks of "a divorce x x x validly obtained abroad by the
alien spouse capacitating him or her to remarry." Based on a clear and plain reading of the provision, it
only requires that there be a divorce validly obtained abroad. The letter of the law does not demand that
the alien spouse should be the one who initiated the proceeding wherein the divorce decree was
granted. It does not distinguish whether the Filipino spouse is the petitioner or the respondent in the
foreign divorce proceeding. ]
 7. A divorce obtained by a Filipino abroad could not have any legal effect in the Philippines.

FALSE. We could not give validity to a divorce obtained abroad by Filipino, not even for purposes of
Art 26 par 2 of Family Code. The Supreme Court said that there could be some effects that we will
recognized, like in the case* the divorce obtained abroad were considered in the Philippines for
purposes of ruling that, the alien is no longer a spouse of the Filipino, since under Article 15, personal
law – provided by the Nationality clause […], but since you are an American […] governed
by your National Law, and your National Law recognized the validity of a divorce, hence, you are no
longer husband to the Filipino.

While we do not recognize the validity of a divorce, we recognize some consequence.

8. What is a curative remedial law?

. Curative statutes are enacted to cure defects in a prior law or to validate legal proceedings which would
otherwise be void for want of conformity with certain legal requirements.

e.g. the 60-day period within which to file the petition shall be counted from notice of the denial of the
motion for reconsideration, if one is filed

9. Equity can be invoked in a moral obligation.

FALSE. If it is a moral obligation, you cannot enforce by court action there is no opportunity for the
courts to apply equity. Equity can be appreciated only if there is a legal duty.

10. As a matter of equity, an order from BSP suspending the operations of a bank may be
considered force majeure to excuse it from paying stipulated interest.

TRUE. Case* The Supreme Court extends the meaning of a fortuitous event because of equity.

11. A law to take effect immediately upon signing of the President is void.

FALSE. Is not void, although it is not effective. Tanada v Tuvera, when the Supreme Court said that the
last part “unless otherwise provided”, will not qualify the requirement of publication but it will qualify
only the period. A law can provide a period less than 15, or more than 15, but it cannot exempt the
law from the requirement of publication. It will only become effective upon publication.

12. A law that was published on July 14, 2017 shall take effect on?

July 30, 2017. 15 days from July 14 is July 29, exclude the first day but include the last day. Article 2
does not say 15 days from publication, but after 15 from completion of the publication.
13. Interpretative regulations need not be published.

TRUE. Interpretative regulation can also be given retroactive application.

14. Pursuant to Article 8 of the Civil Code (stare decisis), decisions of the Supreme Court must be
published in the SCRA or Official Gazette to bind public.

FALSE. It is not required under Article 2 of Civil Code. Ideally, since the judicial decision of the
Supreme Court becomes part of the legal system of the Philippines, and in fact forms part of the law
- ideally, it should be made known to the public because how can we be properly be guided by the
contemporaneous interpretation of the Supreme Court of a law if it is not published. But,
unfortunately, Article 2 does not require that judicial decisions be published.

Take note of case* , the different interpretation of the Supreme Court will be given, while as a rule it
becomes part of the law at the time of the enactment, but if it will be disadvantageous to an accused
it should be given prospective application.

Case* charged with illegal possession of firearm, at the time he was charged there was a decision
saying that even if you do not have a license to possess the firearm, if you are given an authority (ex
from the military by a memorandum order), you will not be liable for violation of the law. Thereafter,
a decision came out saying now that, even if you have the memorandum order or any authority
coming from the government, if it is not a license, you are guilty of violating the law. Supreme Court
said that this cannot apply retroactively, because it will be unfair to the accused who, at the time of
his commission was guided by the prevailing interpretation at that time, the new decision then,
cannot apply retroactively.

15. Senate rules and the conduct of public hearing in aid of legislation must be published to be
valid.

TRUE. But not under Article 2. Sec 21, Art 6 of the Constitution requires that, rules of the senate in
the conduct of inquiring in aid of legislation must be published. That is the only requirement in the
Constitution, where a rule coming from the senate must be published. The reason for the
requirement of publication is that it necessarily involves the public, there are people who are invited
as witnesses or resource persons, and they must know the rules. But if the rule is only internal, there
is no need for publication.

*Case Committee of the whole, merely internal, no need to publish. However, the Supreme Court
noted that the Committee adopted the rules of the Ethics Committee, there was a provision there
that requires publication in the Official Gazette or newspaper of general circulation. While it is not
required to publish being internal in nature, the senators themselves, in crafting the rules, expressly
provided that it must be published – that was the reason why the Supreme Court said that there is a
need for publication. Without that (provision in the rules adopted) there is no need for publication as
it is internal.
 If there was publication for the 15th Congress, there is a need to republish it again for the 16th and
17th, unless it was expressly provided during the 15th Congress that a different rule will govern the
next Congress.

16. An ordinance passed by Muntinlupa City must be published in accordance with Article 2 of the
Civil Code.

FALSE. The publication requirement of an ordinance passed by a local government unit is not
governed by Article 2 but by the Local Government Code.

17. The rules of procedure in the conduct of administrative proceedings against the erring
employees of PAGCOR, a government corporation, must be published in a newspaper of
general circulation to be valid.

FALSE. This is internal. Also in *case, the Supreme Court said that – the notice containing the
qualification of bidders who would like to purchase to be disposed of by NAPOCOR, is not required to
be published because it is internal.

18. A law changing the name of Luneta Park to Digong Park Avenue, mentioned by the President
in his State of the Nation Address…

If it is a law, that is with primordial interest – like changing a name of a street, road, or park, there is
need for publication.

19. A law reorganizing the National Telecommunications Commission may be published through
official NTC website, since it is of particular application to said agency.

FALSE.

20. A law naturalizing Justin Brownlee to play for Gilas Pilipinas must be published pursuant to
Article 2 of the Civil Code.

TRUE. There is a need for publication of a law naturalizing an alien. Different ways of naturalization
under Philippine laws.

1. Judicial naturalization
2. Legislative naturalization
3. Administrative naturalization – open only to aliens who are born in the Philippines

‘Different ways of naturalization under Philippine laws.

1. Judicial naturalization
The judicial naturalization may be filed by a foreigner applicant in the Regional Trial Court where he has
resided for at least one year before the filing of his petition.

2. Legislative naturalization

Legislative naturalization is done through an act of Congress which is composed of the House of the
Representatives and the Senate of the Philippines. the legislative naturalization has to undergo the
requirement of three readings on separate days in the house of Congress where it originates.

3. Administrative naturalization – open only to aliens who are born in the Philippines
-The applicant must be a foreigner who was born, who studied and has resided in the Philippines
since birth and must be at least 18 years old at the time of filing the petition.
-The application process is commenced by filing a verified petition with the Office of the Special
Committee on Naturalization (SCN) at the Office of the Solicitor General.

Naturalization: Process or procedure whereby the State will grant citizenship to an alien
Citizens of the Philippines - Art IV, Sec. 1 of the 1987 Constitution The following are citizens of
the Philippines:

1. Those who are citizens of the Philippines at the time of the adoption of this Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority; and
4. Those who are naturalized in accordance with law.

*Case the Supreme Court said that, a person who was born under the 1975 Constitution, of Filipino
mother but an alien father cannot elect after 14 years from reaching the age of 21. As he *case* was
already 35 when he tried to avail of election. Remedy is for naturalization.

21. Article 16 of the Civil Code exemplifies the maxim mobilia sequuntur personam. FALSE. First
part of 16 is lex loci rei sitae. In the Philippines, real or personal properties will be governed by
the law of the place where they are situated.

22. The succession of an alien domiciled in the Philippines shall be governed by his national law in
all instances.

FALSE. Articles 16, paragraph 2 provides that – what will govern the succession is the national law of
the decedent.

Matters govern by his national law: order of succession, amount of successional rights, intrinsic
validity of testamentary provisions, and the capacity to succeed.

The succession of an American, having properties in the Philippines will be governed by American
laws, particularly the State of which he is a national of. However, there are exceptions:
1. Applying the rule on processual presumption – failure to prove the foreign law then, our courts
will assume that their law is the same as our law on that particular matter;
2. Acceptance of renvoi problem –

If the American dies in the Philippines leaving properties here. He wrote a will, in that will he did not
include a legitimate son. Under Philippine law, effect of preterition is that it will annul the institution,
but will have to respect the legacy or devise. Based on Philippine law the will be annulled. But based
on American annul, it will not, particularly in the Civil Code of California, does not recognize the
system of legitimes. That’s why in the US, you can leave all your properties to a mouse. Based on
American law, will is valid.

Our law says that the amount of successional rights … will be governed by the national law of the
decedent. Governed by the law of domiciliary, where succession will not by Californian Law but that
law on the place of domicile. The domicile at the time of death was in the Philippines – so there is a
referral. The judge will look at par 2 of Art 16, he will refer it back. To solve the problem, authorities
have four steps:

1. accept the referral and apply Philippine law,

2. reject referral and apply foreign law,
3. mutual desistment
4. local law theory

*Case we have establish the practice of accepting the renvoi, and if we accept the referral we apply
the Philippine law, even if the succession we are considering is that of an alien.

23. The renvoi doctrine will apply to deceased alien, with properties in the Philippines, is a
holder of a tourist visa.

FALSE. The renvoi doctrine will apply only if the alien is domiciled in the Philippines. But if the alien
both a national and a domiciliary of a foreign country, even if he has properties in the Philippines, we
will not apply the rule on renvoi.

24. There is no exception to the application of Article 3 of the Civil Code.

FALSE. The law of ignorance of law, will not apply to foreign law. There are specific provisions of the
Civil Code that would allow relief in favor of a person, even if he does not comply with the law. Like
for instance, our rule on good faith – even if grounded on ignorance, we will allow that person the
rights of a possessor in good faith.

25. Exceptionally, Article 3 will also apply to ignorance of facts.

FALSE.
 26. An insane person could not validly waive his rights.

TRUE. Because he is insane.

27. A waiver of fidelity executed by spouses shall bar legal separation, adultery and
concubinage

FALSE. A waiver of fidelity, waiver will not be valid. It will be contrary to public policy, particularly in
so far as when adultery and concubinage is concern. In the case of legal separation you might be able
to invoke the defense of consent, if there is waiver.

28. A Bedan lawyer may invoke lack of knowledge to avoid waiver of election, between
inconsistent remedies…

FALSE. A BEDAN LAWYER KNOWS EVERYTHING.

29. A law amending Article 1 of the Family Code to allow same-sex marriage in the
Philippines is a curative law, which will be given retroactive application.

FALSE. Based on our current norms, there is no defect in Article 1 of the Family Code.

*Case Although, in amending the constitutionality of Article 1, the petitioner argue that the
Constitution does not define a marriage to be between a man and a woman. In fact, there is no
definition of marriage. And even a concept of a family does not necessarily include a mother and a
father. It is only by way of statutory limitation that we have Article 1, where a marriage is confined to
a man and a woman. But at present, we can say that it is not curative – it does not cure a defect.

If there is a law that will repeal Article 1, it will not be considered a curative law.

30. A penal law shall be given a retroactive effect.

FALSE. A penal law is prospective in application. It will only be allowed retroactivity if it is favorable to
the accused, who is not a habitual delinquent.

31. Acts committed against mandatory and hortatory laws shall be void.

FALSE. Hortatory means permissive. This will apply to mandatory and prohibitory laws.
 32. A provision in the Contract of Lease of a boarding house, allowing extrajudicial
ejectment is valid because under Article 1159 of the Civil Code, the contract shall be
the law between the contracting parties.

FALSE. A waiver on the part of the lessee is contrary to public order.

33. A provision in the Contract of Lease in a mall, allowing temporary padlocking of the
stall is valid.

TRUE

34. A provision in the modeling contract with FHM, requiring the model to return the fee,
if she becomes pregnant within three years from publication, is a valid waiver.

FALSE. Unreasonable among others. Waiver contrary to public policy.

35. The repealed law must be revived, when the repealing law is subsequently repealed by
a third law.

FALSE. The repeal will take effect only if the first repeal was implied.

-Depends:
(a) Express repeal: When a law which expressly repeals a prior law is itself repealed, the law first
repealed shall not thereby be revived, unless expressly so provided.

(b) Implied repeal: When a law which impliedly repeals a prior law is itself repealed, the prior law
shall thereby be revived, unless the repealing law provides otherwise.

36. International law is always supreme over domestic law.

FALSE. There are instances where domestic law will prevail over international law in an action filed in
the Philippines.

The Supreme Court said that, if he local law is regulatory or one issued in the exercise of police
power, it can prevail over a treaty or international convention.

37. In computing a period, the first day shall be excluded and the last day included except
if the first and last day falls on Sunday or holiday.

FALSE. We do not consider the first day. Exclude first day in counting.

38. If the 10th in the execution of the contract falls on a Sunday, a judicial action pursuant
thereto, may be filed in the next business day.
FALSE. The rule will not apply to prescription of actions to enforce contracts. Substantive right.

Generally, when you can do what you should do on a Sunday on the next business day will apply to
procedural rules. Like to file an answer to the complaint.

39. Considering that a year consists of 365 days, a person execute a will on the eve of his
18th birthday.

FALSE. Count 18, on your 18th birthday. Year, repealed to 12 calendar months.

40. The order of succession and intrinsic validity of the will, shall be governed by the
national law of the decendent.

TRUE. intestate and testamentary successions, both with respect to the order of succession and to
the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be
regulated by the national law of the person whose succession is under consideration, whatever may
be the nature of the property and regardless of the country wherein said property may be found. (Art
16, NCC)

FALSE. Intrinsic validy may be governed by lex loci celebrationis.

41. A Filipino may marry a second-cousin in Hong Kong, if the law there recognizes such
marriage valid.

TRUE. You can marry your second-cousin in the Philippines, hence, you can marry outside the
Philippines.

42. What is a personal law?

Personal law is a the law that governs the family rights and duties, the status, capacity ... etc.

43. The theory of cognition applies to a contract of bottomry.

FALSE. Article 18 of the Civil Code, recognizes that there are other codes, like the Code of Commerce.
There are still contracts governed by the Code of Commerce. Among those are: contract of bottomry.

Theory of cognition
Art 1319. The contract is perfected, there is meeting of the mind, upon knowledge of offer of
acceptance by the offeree.

Manifestation
There is meeting of the minds from the moment the offeree, manifests his consent. Even if yet not
known to offerer. RULE governing the code of commerce, hence, apply this to contract of bottomry.
 44. An action based on conversion of goods, against the owner of a cargo vessel, shall
prescribe in one year, pursuant to Carriage of Goods by Sea Act

FALSE. Loss of goods or damage will be governed by COGSA. But conversion of goods by the acts of
the caption – governed by general provisions of the civil code. Prescriptive period, pursuant to a
written contract, hence, 10 years.

45. When a doctrine of the Supreme Court is overruled and a different view is adopted,
the new doctrine should apply prospectively, unless favorable to the accused.

TRUE

46. A common carrier allowing passengers to ride on top of the vehicle…

FALSE. You do not apply custom if there is a law that governs.

47. Parties can stipulate on what the law is, that the court shall take judicial notice of
foreign divorce law.

TRUE

48. One year from February 1, 2016 shall be January 31, 2017, because 2016 is a leap year.

FALSE. One year is 12 calendar months. One year from February 1, 2016 is February 1, 2017.

49. By estoppel, a 14 year old alien who is a minor under his national law, may enter into a
valid marriage contract in the Philippines.

FALSE. We do not apply estoppel.

Alien who wants to marry in the Philippines, will be required to get a certificate of capacity to marry
from his consular officer.

50. The Philippines, as a practice of referral in cases of renvoi, thus, applying the foreign
law…

FALSE. If we accept the renvoi, we apply the local law, not the foreign law.

51. As a general rule, divorce decrees obtained by foreigners in other countries

recognizable in our jurisdiction, but the res judicata effects thereof…
TRUE

52. If a third person dealing with an agent is not aware of the limits of the authority
conferred with the principal of the agent..

FALSE. Apply the rules of agency.

53. A mortgagee may take steps to recover the mortgage property to enable him to
enforce or protect his foreclosure rights thereon.

TRUE. But must do it through the means allowed by law. Like filing an action of replevin.

Damages were awarded, because instead of filing an action for replevin, you cannot report it to the
police as stolen (so the police can recover it for you). The Supreme Court said that it will be a case of
an abuse of right if you do that.

54. An educational institution cannot be held liable for damages for encouraging a student
to believe that he can survive law school.

FALSE. It is not intended to prejudice the student, because believe that you have an IQ that will help
you pass law school.

55. A wrongful advertisement in the newspaper, stating that the house of Dr. Sy in Bagong
Pag-Asa, Quezon City…

TRUE. St Louis Reality Case

56. The absolute nullity of the previous marriage in a case pending before RTC Br 12 in
Manila, may pose a prejudicial question in a bigamy case pending in the same court.

FALSE. The prevailing rule Mercado v Tan.

Supreme Court, one of the reasons why the Art 40 of the Family Code was included in the draft of the
Family Code was to have a defense in favor of a person charged with bigamy. Art 40 – absolute nullity
of marriage, can be invoked for purposes of remarriage only in cases of final judgment of the nullity
of the marriage. According to the Supreme Court, if you will not do that, then you run the risk of
being charged with bigamy, and you cannot invoke the defense that your previous marriage is void,
because only judicially declared void marriage can be used as a defense.

Prejudicial question.
 57. A law student in a sexual relationship with his male professor has a cause of action
against the latter for damages.

FALSE. We assume good faith.

58. A student who engages in an illicit relationship with Dean Jara could be liable for
damages.

TRUE. Article 26, the wife can come up with a cause of action because that will be meddling with the
family affairs

59. A person who uses the picture of another as profile picture in Facebook…

TRUE

60. Without fault or negligence attributable to the defendant, no cause of action for
damages can be justified.

FALSE. Even if you are asleep all the time, there is a possibility that when you wake up, you will have a
liability in cases of unjust enrichment.

61. Calling an ugly person pogi may be a reason to file an action for damages

FALSE

62. Jollibee Foods Corporation may file an action for damages against a person selling
sausages using the mark Jolli Big Hotdogs

TRUE. Covered by infringing, under trademarks.

63. A judge rendering a patently erroneous decision may be liable for damages in favor of
the aggrieved party.

FALSE. Article 32 excludes a judge from liability. There is a liability only if a crime was committed in
the process, like bribery, otherwise if the judgment is wrong you cannot have a cause of action for
damages against the judge.

64. A seminarian who thought a young woman how to pray a rosary may be liable for
damages.

FALSE. There’s nothing wrong with that.

In Fe v Fe, the man was liable for damages because of an ulterior motive – seduction by a rosary.

65. An action for damages may be filed independently in a criminal case of physical
injuries, estaffa, liable, homicide through reckless imprudence.

FALSE. Not included is homicide through reckless imprudence because it is the act not the
consequence of the act that is contemplated in Article 33, when independent civil actions are
provided. It will involve fraud, physical injuries, and defamation, but not those committed through
negligence or reckless imprudence. A separate civil action, in connection with this criminal case, but if
it will based on Article 31, quasi-delicts, because the independent civil action in Article 33 refers to
the civil liability arising from the crime that was charged.

66. Meralco can cut off the electric supply to a non-paying customer.

TRUE. But in*case, the Supreme Court awarded damages in favor of the spouses because Meralco
abused its right when it got the meter of the customer without applying the steps provided by

Merlaco itself, so there was abuse of rights. But contractually, if you will not pay, then there is a right
on the part of Meralco to cut off your supply.

67. The Court must protect an Igorot…

FALSE.

68. There is unjust enrichment even if the person receiving the benefit has a legal right.

FALSE

69. There is not unjust enrichment in the absence of causal relation.

TRUE.

70. For Article 20 to apply, the act must be directed specifically to the person suffering the
damage.

FALSE. Even if it is directed upon another, if the damage was caused by a third party there can be
liability under Article 20.

71. For defamatory words to be actionable in court, it is required that they are personal to
the party malign who is ascertained or ascertainable.
 TRUE

72. A statement, “the present justices of the Supreme Court are corrupt”, is actionable.

TRUE

73. When acquittal was based on a finding that the crime did not exist, a civil action based
on such ex-delicto will be proper.

FALSE. Sec 2, Rule 111: . However, the civil action based on delict shall be deemed extinguished if there is
a finding in a final judgment in the criminal action that the act or omission from which the civil liability
may arise did not exist.

74. The doctrine of immunity in favor of public officials, will apply were the officer
wrongfully dismisses an employee

FALSE. The immunity will not apply in bad faith.

75. Without exception…

TRUE

76. What is brie

A person cannot pay damages if it is self-inflicted. Embarrassment was due to his own act.

When Amay Bisaya went to the party that he was not invited and he was asked to get out, although it
was very embarrassing on his part, the Supreme Court said that he cannot claim for damages because
of 1. Volenti non fit injuria (he should not have done it in the first place), and 2. There was no abuse
of right because he was not rudely called to get out, he was politely approached/whispered.

77. Personality is the capacity to act with legal effects

FALSE. That would be capacity to act.

78. The father may inherit from a fetus who died in the mother’s womb.

FALSE.
 79. Why is the jurisprudential statutory…

Because the Constitution gives/recognizes rights of the unborn child

80. The decision declaring Grace Poe a Filipino citizen is erroneous.

FALSE. Supreme Court is always correct!

81. An alien married to a Filipino becomes ipso facto citizen of the Phlippines, without
need to prove anything.

FALSE. Alien woman must prove that she has not have any of the disqualification.

82. Civil personality is extinguished by declaration of presumptive death, even if the

person turns out to be alive.

FALSE.

83. A domicile of a conjugal partnership of gains…

FALSE

84. For purposes of succession, it is possible for a person to die twice.

FALSE. You only die once.

85. Article 43 of the Civil Code provides a presumption of survivorship.

FALSE. Article 43 does not provide presumption of survivorship, it is the rules of court that provide
the rules.

86. A Chinese adopted by Filipino spouses acquires Filipino citizenship.

FALSE. Adoption is not a mode of acquiring Filipino citizenship.

87. A natural person may have to places of domicile.

FALSE. Only one.

 88. A sole proprietorship named (name) is a juridical person.

FALSE. Sole proprietorship has not juridical personality.

89. An independent civil action separately filed.

TRUE.

90. If an…

TRUE

91. What is the doctrine of processual presumption?

We presume that the foreign law is the same as our law.

92-94. What are the elements of abuse of rights

1. Existence of a legal right or duty

2. Exercised in bad faith
3. With the intent of causing damage or prejudice to another

And to enable collection for damage

95-98. Exception to the rules of prospective application.

99-101. Requisites of a valid waiver of rights under Article 6 of the Civil Code

1. Capacity – person waiving his rights must have capacity

2. That there a right to be waived – existence of a right
3. Waiver must be clear and unequivocal
4. Waiver must not be contrary to law, morals, public policy, public order, customs
5. Not violate a right of a third party
6. The person waiving must have sufficient knowledge to understand the character or nature of his
act

*Case: Supreme Court state that a widow is not […] to understand enough the consequence of her
waiver being excused for the effects thereof

Lucid interval – not insane at that time!

 CIVIL LAW REVIEW (1st Quiz)

1. Exceptionally, an administrative regulation may prevail over a statutory enactment if the former
is more equitable and just than the latter
● FALSE
2. Equity may be invoked in a case involving a moral obligation
● FALSE
● Invoke Equity
● No cause of action in Moral Obligation
3. As a matter of equity, an order from the BSP suspending the operations of a bank may be
considered force majeure to excuse it from paying stipulated interests
● TRUE
● BSP Circular/Order qualifies as force majeure
4. A law to take effect immediately upon signing by the president is void
● FALSE
● No effect but not void
● Must be republished to be valid?
5. Senate rules on the conduct of public hearing in aid of legislation must be published to be valid
● TRUE
6. An ordinance passed by Muntinlupa City must be published in accordance with article 2 of the
civil code
● FALSE
● Need not be published if …..goverened by LGC (memaid)
7. The rules of procedure in the conduct of administrative proceedings against erring employees of
PAGCOR, a government corporation, must be published in a newspaper of general circulation.
● FALSE
● Internal in nature
8. A law changing the name of Luneta park to Digong park mentioned by the president in his state
of the nation address with full TV and radio coverage is valid because no publication is in fact
required in this case.
● FALSE
● All laws must be published
9. A law re-organizing the NTC may be published through official NTC website since it is of
particular application to said agency
● FALSE
● All laws must be published
10. A law naturalizing Andray Blatche to play for Gilas Pilipinas must be published pursuant to article
2 of the civil code.
● TRUE

11. Article 16 of the civil code exemplifies the maxim mobilia sequuntur personam
● FALSE
● Lex rei sitae
12. There is no exception to the application of article 3 of the civil code.
● FALSE
● There are exceptions
13. Exceptionally, article 3 of the civil code also applies to ignorance of facts brought about by
difficult questions of law.
● FALSE
● Not ignorance of facts but ignorance of the law
14. A Bedan lawyer may invoke lack of knowledge to avoid waiver of election between inconsistent
remedies to claim damages for a work related injury to a relative.
● FALSE
● A Bedan knows everything
15. A law amending article 1 of the Family Code to allow same-sex marriage in the Philippines is a
curative law, which may be given retroactive application
● FALSE
16. A penal law shall be given retroactive effect
● FALSE
● General Rule is it is prospective
17. Acts committed against mandatory or hortatory laws shall be void
● FALSE
18. A provision in a contract of lease of a boarding house allowing extra-judicial ejectment is valid.
● FALSE
● Contrary to public order
19. A provision in a contract of lease in a mall allowing temporary padlocking of a stall is valid.
● TRUE
20. A provision in a modeling contract with FHM requiring the model to return the fee if she
becomes pregnant within 3 years from publication is a valid waiver
● FALSE
● It is unreasonable, thus contrary to public policy
21. A repealed law must be revived when the repealing law is subsequently repealed by a 3rd law.
● FALSE
 ● There is no inconsistency in the 1st and the 3rd
22. International law is always supreme over domestic law
● FALSE
● Domestic over International law, subject to territorial jurisdiction

23. In computing a period, the first day shall be excluded and the last day included except
when the first or last day falls on a Sunday or a holiday.

● FALSE
● Consider only if the last day falls on a Sunday/holiday
24. When a doctrine of SC, is overruled and a different new is adopted, the new doctrine should be
applied prospectively unless it is favorable to the accused.
● TRUE
25. A common carrier allowing passengers to ride on top of the vehicle as is customary in the place
may be exonerated from liability because a person who had every reason and assurance to
believe that he was acting under the sanction of the strongest of all civil assurance to believe
that he was acting under the sanction of the strongest of all civil assurance to believe that he
was acting under the sanction of the strongest of all civil forces, the custom of a people, should
not be liable.
● FALSE
26. Parties cannot stipulate on what the law is but a court may take judicial notice of a foreign
divorce law when the parties so stipulate and none of them will claim otherwise.
● TRUE
● Court may take judicial notice of divorce law
27. One year from feb 1, 2016 shall be January 31 2017 because 2016 is a leap year.
● FALSE
28. By estoppel a 14 year old alien, who is a minor under his national law, may enter into a valid
marriage contract in the Phils.
● FALSE
● No estoppe in this case
29. The Phils has a practice of accepting the referral in case of “renvoi” thus applying the foreign law
to the conflicts case before it, provided that the foreign law is not contrary to Phil public policy
● FALSE
● Accept the referral and apply PH law
30. As a general rule, divorce decrees obtained by foreigners in other countries are recognizable in
our jurisdiction, but the res judicata effects thereof must still be determined by our courts.
● TRUE
31. If a third person dealing with an agent is unaware of the limits of the authority conferred by the
principal on the agent and the third person has been deceived by the non-disclosure thereof by
the agent, the latter is liable for damages to the principal under the provisions on human
relations.
● FALSE

32. A mortgagee may take steps to recover the mortgaged property to enable it to enforce or
protect its foreclosure right thereon
● TRUE
33. An educational institution can be held liable for damages for encouraging a student into
believing that he can survive law school
● FALSE
34. A wrongful advertisement in the newspaper stating that the house of Doc. C in Bagong pag-asa
Quezon City is located in Forbes Park, Makati, may fall under the protection of art. 26 of the NCC
● TRUE
35. The absolute nullity of the previous marriage in a case pending before the RTC in manila may
pose a prejudicial question in a bigamy case pending before the same court.
● FALSE
● In the present jurisprudence, it is VOID.
● It is not determined by itself, it needs judicial declaration (Art 40)
36. A law student in a sexual relationship with his male professor has cause of action against the
latter for damages.
● FALSE
● Mutual lust
● SC held that if it is more than once, it is consensual otherwise there is deceit
37. MERALCO can cut off electricity to a non-paying customer
● TRUE
● Quisimbing case – allowed provided the legal procedure is observed
38. The court must protect an igorot entering into a contract with an Ilocano.
● FALSE
39. There is unjust enrichment even if the person receiving the benefit has a legal right thereto
● FALSE
● Applies only to mistake
40. There is no unjust enrichment in the absence of causal relation between ones enrichment and
the others impoverishment
● TRUE
41. For art 20 of the civil code to apply, the act must be directed specifically at the person suffering
the damage
● FALSE
● With or without intent Art 20 apples
42. For defamatory words to be actionable in court, it is required that they are personal to the party
maligned, who is ascertained or at least ascertainable
● TRUE
43. A statement “the present Justices of the SC are corrupt” is actionable.

TRUE

44. When acquittal is based on the finding that the crime did not exist, a civil action based on such
ex delicto would be improper.
● TRUE
45. Personality is the capacity to act with legal effects
● FALSE
● Personality is…
46. The father may inherit from a foetus who dies in the mother’s womb
● FALSE
● Art 40 and 41 NCC
47. A jurisprudential or stature re-examination of the strictissimi juris rule in Geluz vs CA is in order
 ● TRUE
● The Constitution provides that the right of the unborn be recognized
48. Grace Poe is a Filipino Citizen
● TRUE
49. An alien married to a Filipino becomes ipso facto a citizen of the Philippines without need to
prove anything
● FALSE
● One must prove the qualifications
50. The domicile of a conjugal partnership of gains is the place of marriage.
● FALSE
● There is no domicile for conjugal partnership since it has no personality

CIVIL LAW REVIEW (2nd Quiz)

1. Support in arrears cannot be waived because the waiver will be contrary to public policy.
● FALSE. Support in arrears may be waived, future support cannot be waived.
2. A cause of action based on fraud committed by a defendant may not be waived.
● FALSE. Action based on past fraud may be waived, action based on future fraud may not
be waived.
3. Without exception, a person criminally liable shall be civilly liable.
● FALSE. There are crimes without civil aspects. There is no private complainant or party
injured. (Ex. Espionage.)
4. A policeman refusing to help a lady carry her luggage is liable for damages.
 ● FALSE. Liable only if danger is imminent. That it not the job of the policeman.
5. A school head who whimsically did not allow a student to graduate with honors is liable for
damages.
● TRUE. (decided case)
6. A marriage between 2 man in the US is valid in the PH.

FALSE. It depends, if both parties are Filipino citizens, not allowed. If both are Americans,
then the marriage is valid.
Laws regarding our Public Policy shall be applied to Filipinos ONLY and not to Americans.
Marriage is a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. It is an inviolable social institution
whose nature, consequences and incidents are governed by law and not subject to stipulations except
that…..
What makes it a special contract?

● Governed by a specific law which is the Family Code

Special Contract vs Ordinary Contract

SPECIAL CONTRACT ORDINARY
CONTRACT
Between a Between parties who
man does not necessarily
and a need to be a man and
woma a woman
n
ONLY
Law defines terms and Law and Stipulations
conditions (XCEPT:
property relations but
still within the limits
provided for by FC)

● Permanent union meaning?

● DEATH terminates marriage in case of valid marriage
● Court Action terminates marriage in cases of defective marriages
● Between a man and a woman, who is a man and a woman under the law?
● Republic vs Cagandahan
● The woman has the “ova” and the man has the “spermatozoa”
● Even if you cut of the penis, a man is still a man
● Only chance that a correction in the Cert of Live Birth is allowed is if he/she is an
intersex (born with both the ova and the spermatozoa) Right of choice - person
after reaching the age of majority
● Typographic errors, need not go to the court. Administrative case only
● Purpose of marriage?
● Enter into a conjugal and family life
● Meaning: to create a family
 ● Why is it considered as an inviolable social institution?
● Family is the foundation of the society
● Constitution promotes the creation of family as the basic foundation of the
society
● Relationship that involves the society
● Between man, woman and State. State is always an interested party
● Requisites of a valid marriage:

●Legal capacity of the contracting parties who must be a male and a female, at least 18
years of age and no impediment under 37 and 38
● Consent freely given (no any involuntariness)
● How is consent manifested? Verbally? Writing? Sign Language?
● No form prescribed by law
● “PERSONAL DECLARATION that they take each other…”
● Any means of manifesting consent
● Ex. Marriages in articulo mortis
● Formal Requisites of Marriage:
● Valid marriage license
■ Document saying that the parties are capacitated to marry
■ From the place where either of the parties habitually resides
■ Suppose you got the license from Tagaytay, effect on the marriage license?
NONE, Mere irregularity
■ What are the information necessary to show the capacity of the contracting
parties? (Art. 11 FC)
● Parental Consent vs Parental Advise

Parental Consent Parental Advise

18-21 y.o. 21-25 y.o.

ailure to obtain or to obtain or if it is

if it is unfavorable,
unfavorable, will issuance of marriage
make the license will be
marriage suspended for
VIODABLE/ 3months.
DEFECTIVE.
civil registrar still
issued the license
after 10 wks.
Marriage
is still VALID. MERE
IRREGULARITY
 ● Purpose of Publication Requirement?
■ Civil registrar will be informed of any legal impediment
● Publication done for 5days? Affect marriage?
■ NO. Mere Irregularity
● Marriage license was provided without the parties applying for it. Valid?
■ NO. This is a case of lack of license. If they did not apply for a license, this means
that this is a FAKE LICENSE (Civil Registrar of Recto)
7. Exceptionally there could be a valid marriage in the PH between 2 Filipinos 17 years old and
below
● TRUE
8. A marriage by proxy between two Filipinos abroad is valid in the PH if valid in the country of
celebration.

TRUE. (Art. 26)

Proxy marriage involves formality, and if it is formality, the law of the country where it is
made/celebrated governs.
What is a proxy marriage?

● Where one of the contracting parties send another person to represent him

Do we allow proxy marriages?

● NO, because under our law we require a formal ceremony (personal declaration)
9. An airplane pilot may solemnize a marriage in articulo mortis with a flight attendant
● FALSE you cannot solemnize you own marriage. The one contemplated in our
law is one celebrated by the solemnizing officer.
● Common law marriage is something contracted
● Witness to the marriage one man and one monkey. Is the marriage valid?
● YES valid, mere irregularity
● Who are authorized to solemnize marriage in the PH? (Article 7)
● An incumbent member of the judiciary within their jurisdiction
● MTC, CA, CTA, Sandiganbayan
● Judge Advocate General of the Military of the AFP
● Judge Palamos will solemnize a marriage in Davao, will the marriage be
valid? NO, not within the jurisdiction. Mere Irregularity.
● Navarro vs Domagtoy (Administrative

Case)-Obiter Dictum not binding: when a judge solemnizes a marriage, outside its
jurisdiction it is a mere irregularity.

● A priest rabbi imam or minister of a church of religious sect

● Duly authorized by his church or religious sect
● Registered with the local civil registrar
● It is within the limits provided in the written authority granted him by his church
or religious sect
● One of the parties belong to the solemnizing officers church or religious sect
● To be registered in a government office
● If you remove one of the conditions? LACK of AUTHORITY
 ● Ship captain or airplane chief
● Articulo mortis
● Between passengers and crew
● When the ship or airplane is in flight, during stop overs or ports of call

● Is it required that they be on board/inside the ship or the airplane? NO.

● What if during stop over they stayed in the hotel? Can the pilot or ship
captain in articulo mortis solemnize the marriage? YES. Policy of the law
is to encourage marriage.
● Military Commander of a unit
● Articulo mortis – at the point of death and not at the danger of dying to
be determined by the solemnizing officer (based on common human
experience)
● Within the zone of military conflict
● Between members of the armed forces and the civilians
● One of the injured soldiers were transported to the hospital, can the
commander solemnize the marriage? IT DEPENDS, only if the person is
in articulo mortis
● Gen Bato Dela Rosa CANNOT solemnize marriage (Police not military)
● Consul, vice-consul and consul- general
● It is better for us to consider all the conditions as constitutive elements of the authority,
so without one it is not an irregularity, it is lack of authority therefore the marriage is
void without prejudice to the provision of Art. 35 par. 2
● In the case of Navaro vs Dumagtoy: this is only a mere irregularity
● Personally for Atty. Delson, he thinks it is a lack of authority and not a mere irregularity
(pero say both na lang daw)
● Rationale: if you remove one of the elements, may it be considered as a mere
irregularity? NO
10. A marriage solemnized after the expiration of the marriage license is valid because this is a mere
irregularity.
● FALSE. Lack of marriage license
11. H and W got married in 1987. H left the family home 2/14/08 and lived with his paramour B in a
rented condominium.
● FALSE. There is a legal impediment to the marriage. (Art. 34)
● Discussion on the Committee who drafted the FC, that at the time of the celebration of
marriage there must be no legal impediment to the marriage. (meaning that there must
be no impediment at the end of the 5year term)
● Ninal vs Bayadog – there must be exclusivity between the parties and that there must
be no legal impediment during the whole 5 years. However, what was applied in the case
was the old law prior to the Family Code (Art 76 of the Old CC)

Manzano vs Sanchez – one of the requisites is that there must be no legal impediment
at the time of the celebration of the marriage, regardless of any impediment prior to the celebration.
Office of the Court Adminisrator vs Judge Necesario – the judge was sanctioned for solemnizing the
marriage without a license where the parties during the 5yr period of cohabitation were minors. The
suggestion was that there must be no legal impediment during the duration of the
 5-year cohabitation.

● FINAL NOTE: (Personally) the phrase no legal impediment should qualify the 5-year period of
cohabitation. Otherwise, if that would be applied only on the time of the celebration of
marriage, it would be surplusage because it is given that when you have legal impediment to
marry you should not be allowed to marry not only for purposes of exempting you to the license.
To make sense, it should qualify the 5year period of cohabitation.
● If confronted with a conflict, state everything
● As discussed it is important ONLY that at the time of the celebration there is no legal
impediment and in Manzano vs Sanchez, however in the case of OCA vs Judge Necesario...
● What are the exceptions to the requirement of a valid marriage license? (Art. 27-34)
● The parties must live together as H and W within 5 years prior to the marriage without
any legal impediment to the marriage
● In case of articulo mortis –military
● In case of those living in remote places with no means of transportation to obtain license
from the local civil registrar
● Marriage among Muslims or members of ethnic cultural communities provided in accord
with their customs, rites and practices
12. A Mangyan and an Igorot who are now temporarily living in Manila because of their studies may
marry without a license if their respective residence are so located that there is no means of
transportation.
● FALSE
13. A common law marriage between foreigners contracted in State C where only common law
marriage is allowed, is valid in the PH
● TRUE (Status is governed the national law)
14. A common law marriage between Filipino in State C shall be valid because this is included in the
exceptions in Art 26 of the FC.
● FALSE. Marriage must be celebrated (Art 26 par. 1 applies only to marriages that are
celebrated, not involve common law relations)
15. The civil registrar has no option but to issue the license even if there is a serious objection but
must note down the particulars if the objections in the application for the marriage license.

● FALSE. The civil registrar has the option of going to Judge Palamos
16. Judge Palamos, Justice Tang, Justice Bello may solemnize a marriage anywhere in the PH
● FALSE
17. A justice of the CTA and the Vice Mayor may solemnize a marriage
● TRUE
18. Psychological incapacity of Mr. X declared in the decision of nullity of his previous marriage is an
impediment to another marriage
● FALSE Case to case basis. (Art 5) Impediments include those stated in Art. 37 and
38, it does not include 36. Psychological incapacity is relative, just like impotency.
● In the case of Psychological incapacity, the personality disorder is not the only factor that
would result to the nullity of marriage. So even if the person has the personality disorder
which was made manifest because of his failure to fulfill his obligation arising from the
marriage in so far as one spouse is concerned. It may happen that in the subsequent
marriage while he has the same personality disorder, he might be able to comply with
 the obligations of marriage. He is allowed to marry notwithstanding the fact that he was
earlier declared as psycho incapacity
19. A marriage between scuba divers may be validly solemnized by a priest under the sea.
● TRUE provided that they would request in writing that they would celebrate their
marriage in another place other than those provided by law
20. Marriage between the Filipino citizens in Japan may be solemnized by the Philippine
Ambassador to Japan but the license should be issued by the consular officer.
● FALSE Ambassador has no authority to solemnize marriage
● Can this be covered by par. 2 of Art 35? YES. If the parties believe that the
Ambassador is authorized to solemnize marriage.
● However, in that case, it would be a case of a mistake of law will that not fall
under Article 3 of the NCC “Ignorance of the law excuses no one from compliance
therewith”?
● If the parties believe that the Ambassador is a consular officer, in that case it is a
mistake of fact, what will be the effect?
● GOOD FAITH in Art 35 par 2 may include circumstances where there is both
mistake of law and mistake of fact (Justice Vitug: depends on the person invoking Good
faith)
21. The failure of the contracting parties to indicate their present residence and citizenship in their
application for marriage licenses makes the marriage defective
● FALSE. Mere irregularity
● A Japanese would lie to marry in the PH, what would you require the Japanese to
submit?
● Certificate of Legal Capacity to Contract marriage from the consular office of the
Japanese national

He pulls out a 10,000 yen and gave it to you (civil registrar) which you accepted. Will that
affect the validity of the marriage?

● NO. Mere irregularity

FAKE LICENSE is equivalent to no license at all

22. Marriages without parental consent, parental advice or marriage counseling is defective.
● FALSE
23. The marriage of a man with a very small penis is void.
● FALSE Case of Chi Ming Tsoi problem is psychological
24. There could be an instance where the property relation in a void marriage are governed by the
regime of absolute community.
● TRUE
● As a general rule, the property regime of void marriage is governed by Art. 147 and 148.
● Exception: Valdez vs RTC; Art 40. If there is a void marriage, then a party to a void
marriage will marry again without the judicial declaration of nullity of the previous
marriage. Accdg to art. 50 the subsequent marriage is void. Pursuant to Art. 50, we apply
Art. 43(2) which refers to the liquidation to the conjugal partnership or absolute
community of property. Valdez Case: a void marriage under Art 40 is exceptional, not
governed by Art 147 and 147. It is governed by absolute community or conjugal
partnership
25. Abandonment of the wife is not conclusive proof of psychological incapacity
● TRUE
26. Mixed personality disorder from self-defeating personality disorder…
● TRUE
27. A dependent personality disorder of a respondent determined by an expert who did not
personally examine the former cannot be admitted as sufficient proof of psychological incapacity
● FALSE, no need to personally examine the respondent. He can based it on other
evidence
28. A petitioner may use his own psychological incapacity as a ground for an action under Art 36.
● TRUE
● Principle/Doctrine of Clean hands dos not apply in the case at bar because psychological
incapacity is inconsistent with bad faith
29. The military pilot of a C-140 PH air force plane carrying typhoon victims is authorize to solemnize
marriage in articulo mortis
● TRUE
● Is a military pilot excluded from the Art 7 par 3? Will that be limited only to pilots of PAL
or Cebu Pac? NO.
30. Parental consent is a mandatory requirement for the issuance of a marriage license?
● FALSE
31. Lack of parental consent does not affect the validity of marriage

● FALSE
32. No sum shall be collected in the nature of a fee or tax of any kind for the issuance of a marriage
license.
● FALSE
33. A license issued by the civil registrar in violation of an injunctive writ issued by the court is void
● FALSE
34. A marriage solemnized in La Presa between ethnic residents is valid even without a license
because this is allowed under RA 6766 creating the CAR
● FALSE the act was rejected, it was not ratified
35. A license that was issued on the basis of a falsified affidavit on the basis of the date of birth of
the contracting parties is void
● FALSE mere irregularity
36. A petitioner cannot invoke his psychological incapacity, lack of ceremony, lack of a valid marriage
license and lack of authority of the solemnizing officer in a single petition for the nullity of
marriage.
● FALSE must include everything so as to avoid splitting of a cause of action
37. There is one void marriage that can be ratified
● FALSE
38. Only a spouse may file a declaration of a void marriage because a void marriage cannot be
collaterally attacked
● TRUE
● Circular of the SC limits the filing to the spouses, heirs may collaterally raise it in an
action for the settlement of the estate of the deceased
 39. Linda who married Juan may file an action for nullity of marriage upon discovery that Juan is the
father of Pedro her text mate with whom she fell inlove and agreed to get married the moment
they meet
● FALSE
40. In all cases the psychological incapacity must shown to be existing at the time of the celebration
of marriage
● TRUE (juridical antecedence is a requirement)
● If it becomes manifest thereafter……(Case of Molina enumerated the guidelines) The
root cause must be clinically or medically identified, alleged in the complaint and proven
by the prosecution, and explained in the decision)
● Elements of Psychological incapacity:
● Juridical antecedence
● Incurable

● Participation of the OSG

● What was the modification in the case of Molina?
● The requirement to refer the matter to the OSG before the decision is released.
–removed from the elements

As to the aspect of representation by the OSG of the State, same thing (retained)
We consider the decision of the National Matrimonial Tribunal
The non- performance of the marital obligations may support a claim for damages unless the respondent
is suffering from psychological incapacity
TRUE
A marriage between X and Y is void if X is the son of C who is the brother of Y’s grand uncle
FALSE fifth degree
An adopted child may marry the adopted child of his adopter’s brother
TRUE
A step child may marry the sister of her step mother
FALSE PH does not allow same sex marriage
A marriage license issued in La Union may be used in Manila
TRUE
An alien may be excused from the requirement of a certificate of legal capacity to contract marriage if he
has been residing in the PH for at least 3yrs prior to the marriage
FALSE
A justice of the SB in Quezon may solemnize a marriage in articulo mortis in Zamboanga
TRUE
A marriage without license…
TRUE/FALSE
A marriage witnesses only by the groom’s mother and her pet monkey is valid
TRUE
A 90-yr old man may validly marry his 95-yr old girlfriend suffering from alzheimer’s disease
TRUE provided that the consent is voluntarily and freely given
Upon dissolution of the property regime resulting from legal separation, the presumptive legitimes of
the common children shall be delivered upon partition in accordance with Article 51 of the Family Code.
FALSE. Article 51 does not apply.

The conjugal partnership assets can be liable for unpaid rent incurred by the husband’s legitimate
business which suffered a loss from operations.
TRUE. May be included in the scope of Art. 121.

The conjugal partnership is liable for the payment of the medical expenses of the husband who allegedly
abandoned the family home.
TRUE. Abandonment of either spouse only capacitates the other spouse to petition for receivership,
judicial separation of property or for authority to be the sole administrator of the absolute
community.(Art. 101)

Moral damages are considered exclusive properties of the spouse to whom they are awarded.
- TRUE. Moral damages is essentially personal to the party claiming them. (Memory Aid, p 530)

By agreement of the spouses there can be extrajudicial separation of property during the marriage.
FALSE. There cannot be extrajudicial separation of property during the marriage. Art. 76.

The admission of the mother that she had sexual intercourse with Mr. X and the physical resemblance of
her son with Mr. X can be a valid proof of filiation.
FALSE. Article 167.

A father in his second childhood may be adopted by his son.

FALSE. Generally, only minors may be adopted. Minority pertains to the biological, not mental age of the
person.

The death of the adoptive parents will restore parental authority over the minor to his biological parents.
A: FALSE. It can only be restored if the adoption was rescinded.

A convict suffering civil interdiction may not exercise parental authority but is entitled to visitation rights
over his illegitimate child.
TRUE. No prohibition (may better answer kayo? Yan lang alam ko eh)

Under the law, a person may die twice.

False, a person can only die once. The doctrine of presumptive death presupposes that a person may die
only once because in case he is presumed dead, and later on he reappears, such presumption shall be
extinguished provided it complies with necessary requisites provided by the law in reviving his status and
recovering his properties. Such presumptive death will not be counted as one. His reappearance revives
his status.

1. ENUMERATE: Requirements to be submitted for placement of a child under Inter-Country

adoption:
2. Child Study
3. Birth Certificate/Foundling Certificate
4. Deed of Voluntary Commitment/ Decree of abandonment/ death certificate of parents
5. Medical evaluation/history
6. Psychological evaluation, as necessary
7. Recent photo of the child

2. ENUMERATION - Instances when the requirement on residency of an alien to adopt in the

Philippines may be waived:
1. A former Filipino citizen seeks to adopt a relative within the 4th degree of consanguinity or
affinity
2. One who seeks to adopt the legitimate son/daughter of his/her Filipino spouse
3. One who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative
within the 4th degree of consanguinity or affinity of the Filipino spouse.

3. Enumeration - Grounds for judicial separation of properties of spouses during the marriage :
1. Petitioner’s spouse has been sentenced to a penalty which carries with it civil interdiction
2. Petitioner’s spouse has been judicially declared an absentee
3. Loss of parental authority of the petitioner’s spouse has been decreed by the court
4. Petitioner’s spouse has abandoned the latter or failed to comply with his or her obligations to
the family
5. That the spouse granted the power of administration in the marriage settlements has abused
that power
6. At the time of the petition, the spouses have been separated in fact for at least 1 yr and
reconciliation is highly improbable

14. The guardian may not adopt his ward after the approval of the final accounts
rendered upon the termination of their guardianship relation.

● FALSE Sec. 7 (c) Guardian may adopt

(a) After termination of the guardianship, with respect to the ward; and
(b) clearance of his/her financial accountabilities.

15. Whenever the descendant and ascendant are obliged to give support, the liability
shall devolve first upon the latter.

● FALSE. Descendant first before ascendant.

● Order of liability if several persons are obliged to give support (SDAB)

a. spouse
b. descendants in the nearest degree
c. ascendants in the nearest degreee and
d. brothers and sisters

16. The judgment fixing the amount of support shall not be modified upon finalilty.
 ● FALSE. Art 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be
in proportion to the resources or means of the giver and to the necessities of the recipient.

17. In no case may support be levied on execution.

● FALSE. Art. 208. In case of contractual support or that given by will, the excess in amount beyond
that required for legal support shall be subject to levy on attachment or execution.

18. The father and mother who are not living together shall jointly exercise parental
authority over the persons of their unrecognized common children.

● FALSE. Art. 213. In case of separation of the parents, parental authority shall be exercised by the
parent designated by the Court. The Court shall take into account all relevant considerations,
especially the choice of the child over seven years of age, unless the parent chosen is unfit.

19. In case of death of the mother of an unrecognized illegitimate child, substitute

parental authority shall be exercise by the maternal grandparents to the exclusion of
a petitioner who claims to be the biological father.

● FALSE. Art. 212. In case of absence or death of either parent, the present parent shall continue
exercising parental authority. The remarriage of the surviving parent shall not affect the parental
authority over the children, unless the court appoints another person to be the guardian of the
person or property of the children.

Art. 214. In case of death, absence or unsuitability of the parents, substitute

parental authority shall be exercised by the surviving grandparent. In case several
survive, the one designated by the court, taking into account the same
consideration mentioned in the preceding article, shall exercise the authority.
(Santos v CA) The father is still preferred over the grandparents.

20. No descendant shall be compelled to testify against his parents and grandparents
in any case, except when such testimony is indispensable in a crime against the
descendant or by one parent against the other.

● FALSE. Only in criminal case not in any case. (p.61 memaid)

21. The adoption of a foundling may be done administratively by a petition filed with the
DSWD.

● FALSE. Adoption is a judicial act. Only adoption made through the court is valid in this
jurisdiction.
 22. A minor shot his classmate inside the school campus on a Sunday during the
summer break. The school is principally and solidarily liable for the damages while the
parents shall be subsidiarily liable.

● TRUE

23. Parents may impose corporal punishment upon their children.

● FALSE. Art. 231. The court in an action filed for the purpose or in a related case may also
suspend parental authority if the parent or the person exercising the same: (1) Treats the child
with excessive harshness or cruelty. xxx

24. In case of denial of a petition for legal separation, the petitioner may appeal even without first filling
a motion for reconsideration.

● FALSE. Sect. 17, AM No. 02-11-11-SC – appellant has to file MR or NT within 15d from notice of
judgment

1. Exceptionally, an administrative regulation may prevail over a statutory enactment if the

former is more equitable and just than the latter
FALSE- The rule-making power of an administrative agency may not be used to abridge the authority
given to it by Congress or by the Constitution. Nor can it be used to enlarge the power of the
administrative agency beyond the scope intended. Constitutional and statutory provisions control with
respect to what rules and regulations may be promulgated by administrative agencies and the scope of
their regulations. (DAR v. Uy, G.R. No. 169277). Hence, an administrative regulation can never prevail
over a statutory enactment. Also, Art. 7(3) of NCC: Administrative or executive acts, orders and
regulations shall be valid only when they are not contrary to the laws or the Constitution.

2. Equity may be invoked in a case involving a moral obligation FALSE

Invoke Equity
No cause of action in Moral Obligation (Art. 1423: “. . . Natural obligations, not being based on positive
law but on equity and natural law, do not grant a right of action to enforce their performance, but after
voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered
by reason thereof.”)

3. As a matter of equity, an order from the BSP suspending the operations of a bank may be
considered force majeure to excuse it from paying stipulated interests

TRUE
BSP Circular/Order qualifies as force majeure

4. A law to take effect immediately upon signing by the president is void

FALSE
A statute which by its terms provides for its coming into effect immediately upon approval thereof, is
properly interpreted as coming into effect immediately upon publication thereof in the Official Gazette
as provided in Article 2 of the Civil Code. (Tanada v. Tuvera). Therefore, it is still valid, but its effectivity is
suspended until its completion of publication.

5. Senate rules on the conduct of public hearing in aid of legislation must be published to be valid

TRUE
It is incumbent upon the Senate to publish the rules for its legislative inquiries in each Congress or
otherwise make the published rules clearly state that the same shall be effective in subsequent
Congresses or until they are amended or repealed to sufficiently put public on notice. (Neri v. Senate
Committee on Accountability of Public Officers)

6. An ordinance passed by Muntinlupa City must be published in accordance with article 2 of the
civil code

FALSE
Municipal ordinances are not covered by this rule but by the Local Government Code. (Tanada v. Tuvera)
 7. The rules of procedure in the conduct of administrative proceedings against erring employees
of PAGCOR, a government corporation, must be published in a newspaper of general
circulation.

FALSE. In the case of Tanada v. Tuvera, the SC held that interpretative regulations and those merely
internal in nature, that is, regulating only the personnel of the administrative agency and not the public,
need not be published.

8. A law changing the name of Luneta park to Digong park mentioned by the president in his
state of the nation address with full TV and radio coverage is valid because no publication is in
fact required in this case.

FALSE
All laws must be published in accordance with Art. 2 of the NCC.

9. A law re-organizing the NTC may be published through official NTC website since it is of
particular application to said agency

FALSE
All laws must be published in accordance with Art. 2 of the NCC.

10. A law naturalizing Andray Blatche to play for Gilas Pilipinas must be published pursuant to
article 2 of the civil code.

TRUE
A law naturalizing a citizen is of public interest, hence must comply with Art. 2 of the NCC.

11. Article 16 of the civil code exemplifies the maxim mobilia sequuntur personam FALSE

Lex rei sitae

12. There is no exception to the application of article 3 of the civil code. FALSE

There are exceptions: Mistake in the application and interpretation of a difficult or doubtful provision of
law.

13. Exceptionally, article 3 of the civil code also applies to ignorance of facts brought about by
difficult questions of law.

FALSE
A mistake in the application or interpretation of difficult or doubtful provision of law may be the basis of
good faith and has been given the same effect as a mistake of fact (an exception, and not an application
of Art. 3)
 14. A Bedan lawyer may invoke lack of knowledge to avoid waiver of election between
inconsistent remedies to claim damages for a work related injury to a relative.

FALSE
A Bedan knows everything (Use Art. 3)

15. A law amending article 1 of the Family Code to allow same-sex marriage in the Philippines is a
curative law, which may be given retroactive application

FALSE. By their nature, curative statutes may be given retroactive effect, unless it impairs vested rights.
(MLQ vs. NLRC. G.R. 141673) Here, vested rights may be impaired (ex: Rights of Succession)

16. A penal law shall be given retroactive effect

FALSE
General Rule is it is prospective

17. Acts committed against mandatory or prohibitory laws shall be void FALSE

Art. 5 General Rule: Acts executed against the provisions of mandatory or prohibitory laws shall be void.
Exception: when the law itself authorizes their validity.

18. A provision in a contract of lease of a boarding house uallowing extra-judicial ejectment is

valid.

FALSE (SAMPLEX ANSWER)

Contrary to public order
TRUE (Answer based on Google Search) “the stipulation "is in the nature of a resolutory condition, for
upon the exercise by the Sub-lessor of his right to take possession of the leased property, the contract is
deemed terminated;" and that such a contractual provision "is not illegal, there being nothing in the law
prescribing such kind of agreement.” (Viray v. IAC. G.R. No. 81015) ***Although I’m not sure how this
ruling would fall in our quiz’s coverage. However, it can be argued that the facts in the question do not
state a condition (ie. non-payment of lease) before the extrajudicial settlement would be done. If the
absence of this condition means that the lessor can extrajudicially eject whimsically, then the answer
would be FALSE, as this is contrary to public policy. *** Edgar’s Note.

19. A provision in a contract of lease in a mall allowing temporary padlocking of a stall is valid.

TRUE. Art. 1159??

20. A provision in a modeling contract with FHM requiring the model to return the fee if she
becomes pregnant within 3 years from publication is a valid waiver
FALSE. It is unreasonable, thus contrary to public policy

21. A repealed law must be revived when the repealing law is subsequently repealed by a 3rd law.

FALSE or True, depends if implied or express repeal.

Revised Administrative Code: SECTION 21. No Implied Revival of Repealed Law.—When a law
which expressly repeals a prior law is itself repealed, the law first repealed shall not be thereby revived
unless expressly so provided.

Aurelio, Macabuat, Magdaluyo, Mecano, Moreno, Ramos

SECTION 22. Revival of Law Impliedly Repealed.—When a law which impliedly repeals a prior law is itself
repealed, the prior law shall thereby be revived, unless the repealing law provides otherwise.

22. International law is always supreme over domestic law FALSE

Domestic over International law, subject to territorial jurisdiction

23. In computing a period, the first day shall be excluded and the last day included except when
the first or last day falls on a Sunday or a holiday.

FALSE
Consider only if the last day falls on a Sunday/holiday
E.O 297, Book 1,Section 7, Section 28. Pretermission of Holiday. - Where the day, or the last day, for
doing any act required or permitted by law falls on a regular holiday or special day, the act may be done
on the next succeeding business day.

24. When a doctrine of SC, is overruled and a different view is adopted, the new doctrine should
be applied prospectively unless it is favorable to the accused.

TRUE - People v Licera, Co v CA, G.R. No. 100776 October 28, 1993

25. A common carrier allowing passengers to ride on top of the vehicle as is customary in the
place may be exonerated from liability because a person who had every reason and assurance
to believe that he was acting under the sanction of the strongest of all civil assurance to
believe that he was acting under the sanction of the strongest of all civil assurance to believe
that he was acting under the sanction of the strongest of all civil forces, the custom of a
people, should not be liable.

FALSE, contrary to law Requisites of custom

1. Plurality or repetition
2. Community accepts it
3. Practiced by great mass of people
4. For a long period of time
 5. Uniformity or identity of acts
6. The practice must not be contrary to law, morals, or public order

26. Parties cannot stipulate on what the law is but a court may take judicial notice of a foreign
divorce law when the parties so stipulate and none of them will claim otherwise.

FLASE
Garcia v Recio

27. One year from feb 1, 2016 shall be January 31 2017 because 2016 is a leap year. FALSE, CIR v
Primetown

1 year = 12 calendar months

28. By estoppel a 14 year old alien, who is a minor under his national law, may enter into a valid
marriage contract in the Phils.

FALSE, Nationality Rule Art 17, last par, NCC

If his national law allows 14 year olds to marry, then he can get married here in the PH.

29. The Phils has a practice of accepting the referral in case of “renvoi” thus applying the foreign
law to the conflicts case before it, provided that the foreign law is not contrary to Phil public
policy

FALSE, Accept the referral and apply PH law not Foreign In Re Christensen, G.R. No. L-16749

30. As a general rule, divorce decrees obtained by foreigners in other countries are recognizable in
our jurisdiction, but the res judicata effects thereof must still be determined by our courts.

TRUE
Roehr v Rodriguez, G.R. No. 142820
As a general rule, divorce decrees obtained by foreigners in other countries are recognizable in our
jurisdiction, but the legal effects thereof, e.g. on custody, care and support of the children, must still be
determined by our courts. Before our courts can give the effect of res judicata to a foreign judgment,
such as the award of custody to petitioner by the German court, it must be shown that the parties
opposed to the judgment had been given ample opportunity to do so on grounds allowed under Rule 39,
Section 48, 1997 Rules of Civil Procedure

31. If a third person dealing with an agent is unaware of the limits of the authority conferred by
the principal on the agent and the third person has been deceived by the non-disclosure
thereof by the agent, the latter is liable for damages to the principal under the provisions on
human relations.
FALSE - The agent is liable to the third person., Art 20 in re Art 1909

32. A mortgagee may take steps to recover the mortgaged property to enable it to enforce or
protect its foreclosure right thereon

TRUE
Act 3135 GR: 1 year from date of sale

33. An educational institution can be held liable for damages for encouraging a student into
believing that he can survive law school

FALSE

34. A wrongful advertisement in the newspaper stating that the house of Doc. C in Bagong pag-asa
Quezon City is located in Forbes Park, Makati, may fall under the protection of art. 26 of the
NCC

TRUE
St. Louis Realty v CA

35. The absolute nullity of the previous marriage in a case pending before the RTC in manila may
pose a prejudicial question in a bigamy case pending before the same court.

FALSE. before entering a subsequent marriage, first marriage needs judicial declaration of nullity (Art 40)
Lasanas v People

36. A law student in a sexual relationship with his male professor has cause of action against the
latter for damages.

FALSE
Mutual lust
SC held that if it is more than once, it is consensual otherwise there is deceit

37. MERALCO can cut off electricity to a non-paying customer TRUE

Quisimbing case – allowed provided the legal procedure is observed

38. The court must protect an igorot entering into a contract with an Ilocano. FALSE

Art 24
 39. There is unjust enrichment even if the person receiving the benefit has a legal right thereto

FALSE
Art 22
Applies only to mistake

40. There is no unjust enrichment in the absence of causal relation between ones enrichment and
the others impoverishment

TRUE
Art 22

41. For art 20 of the civil code to apply, the act must be directed specifically at the person
suffering the damage

FALSE
Art 20 applies to willful or negligent acts contrary to law

42. For defamatory words to be actionable in court, it is required that they are personal to the
party maligned, who is ascertained or at least ascertainable

TRUE
Art 33

43. A statement “the present Justices of the SC are corrupt” is actionable. TRUE

44. When acquittal is based on the finding that the crime did not exist, a civil action based on such
ex delicto would be improper.

TRUE
The civil action based on delict may be deemed extinguished if there is a finding on the final judgment in
the criminal action that the act or omission from which the civil liability may arise did
not exist or where the accused did not commit the acts or omission imputed to him. (Dayap v. Sendiong)

45. Personality is the capacity to act with legal effects FALSE

Civil Personality is the aptitude of being the subject, active or passive, of rights and obligations.

46. The father may inherit from a foetus who dies in the mother’s womb FALSE

Art 40 and 41 NCC

 47. A jurisprudential or stature re-examination of the strictissimi juris rule in Geluz vs CA is in
order

TRUE
The Constitution provides that the right of the unborn be recognized

48. Grace Poe is a Filipino Citizen TRUE

49. An alien married to a Filipino becomes ipso facto a citizen of the Philippines without need to
prove anything

FALSE
One must prove the qualifications

50. The domicile of a conjugal partnership of gains is the place of marriage. FALSE

There is no domicile for conjugal partnership since it has no personality

CIVIL LAW REVIEW

(2nd Quiz)

1. Support in arrears cannot be waived because the waiver will be contrary to public policy.
● FALSE. Support in arrears may be waived, future support cannot be waived.

2. A cause of action based on fraud committed by a defendant may not be waived.

● FALSE. Action based on past fraud may be waived, action based on future fraud may not be
waived.

Requisites of waiver:

3. Without exception, a person criminally liable shall be civilly liable.

● FALSE. There are crimes without civil aspects. There is no private complainant or party injured.
(Ex. Espionage.)

4. A policeman refusing to help a lady carry her luggage is liable for damages.
 FALSE. Liable only if danger is imminent. That it not the job of the policeman. (Art 34,
Civil Code).

5. A school head who whimsically did not allow a student to graduate with honors is liable for
damages.
● TRUE. (decided case***Edgar’s note-Hindi ko naman mahanap? Pero true yan, based on Art. 19,
20)

6. A marriage between 2 man in the US is valid in the PH.

● FALSE. It depends, if both parties are Filipino citizens, not allowed. If both are Americans, then
the marriage is valid.
● Laws regarding our Public Policy shall be applied to Filipinos ONLY and not to Americans.
● Marriage is a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. It is an inviolable social
institution whose nature, consequences and incidents are governed by law and not subject to
stipulations except that…..
● What makes it a special contract? o Governed by a specific law which is the Family Code
● Special Contract vs Ordinary Contract SPECIAL CONTRACT ORDINARY CONTRACT Between a
man and a woman ONLY Between parties who does not necessarily need to be a man and a
woman Law defines terms and conditions (XCEPT: property relations but still within the limits
provided for by FC) Law and Stipulations
● Permanent union meaning? o DEATH terminates marriage in case of valid marriage o Court
Action terminates marriage in cases of defective marriages
● Between a man and a woman, who is a man and a woman under the law? o Republic vs
Cagandahan o The woman has the “ova” and the man has the “spermatozoa” o Even if you cut of
the penis, a man is still a man o Only chance that a correction in the Cert of Live Birth is allowed
is if he/she is an intersex (born with both the ova and the spermatozoa) Right of choice - person
after reaching the age of majority o Typographic errors, need not go to the court. Administrative
case only
● Purpose of marriage? o Enter into a conjugal and family life o Meaning: to create a family
● Why is it considered as an inviolable social institution?
● Family is the foundation of the society o Constitution promotes the creation of family as the
basic foundation of the society
● Relationship that involves the society
● Between man, woman and State. State is always an interested party
● Requisites of a valid marriage:
● Legal capacity of the contracting parties who must be a male and a female, at least 18 years of
age and no impediment under 37 and 38
● Consent freely given (no any involuntariness)
● How is consent manifested? Verbally? Writing? Sign Language?
● No form prescribed by law
● “PERSONAL DECLARATION that they take each other…” o Any means of manifesting consent
● Ex. Marriages in articulo mortis
● Formal Requisites of Marriage:
● Valid marriage license
 ▪ Document saying that the parties are capacitated to marry
From the place where either of the parties habitually resides
Suppose you got the license from Tagaytay, effect on the marriage license? NONE, Mere irregularity
What are the information necessary to show the capacity of the contracting parties? (Art. 11 FC) o
Parental Consent vs Parental Advise Parental Consent Parental Advise 18-21 y.o. 21-25
y.o. failure to obtain or if it is unfavorable, will make the marriage VIODABLE/ DEFECTIVE. to obtain or if
it is unfavorable, issuance of marriage license will be suspended for 3months. e civil registrar still issued
the license after 10 wks. Marriage is still VALID. MERE IRREGULARITY o Purpose of Publication
Requirement?

■ Civil registrar will be informed of any legal impediment o Publication done for 5days? Affect
marriage?
■ NO. Mere Irregularity o Marriage license was provided without the parties applying for it. Valid?
■ NO. This is a case of lack of license. If they did not apply for a license, this means that this is a
FAKE LICENSE (Civil Registrar of Recto)

7. Exceptionally there could be a valid marriage in the PH between 2 Filipinos 17 years old and
below
● TRUE Code of Muslim Personal Laws of the Philippines (PD 1083)

ARTICLE 16. Capacity to contract marriage. – (1) Any Muslim male at least fifteen years of age and any
Muslim female of the age of puberty or upwards and not suffering from any impediment under the
provisions of this Code may contract marriage. A female is presumed to have attained puberty upon
reaching the age of fifteen.

8. A marriage by proxy between two Filipinos abroad is valid in the PH if valid in the country of
celebration.
● TRUE. (Art. 26)
● Proxy marriage involves formality, and if it is formality, the law of the country where it is
made/celebrated governs.
● What is a proxy marriage?
● Where one of the contracting parties send another person to represent him
● Do we allow proxy marriages?
● NO, because under our law we require a formal ceremony (personal declaration)

9. An airplane pilot may solemnize a marriage in articulo mortis with a flight attendant.
● FALSE you cannot solemnize your own marriage. The one contemplated in our law is one
celebrated by the solemnizing officer.
● Common law marriage is something contracted without a marriage ceremony
● Witnesses to the marriage are one man and one monkey. Is the marriage valid?
● YES valid, mere irregularity
● Who are authorized to solemnize marriage in the PH? (Article 7)
● An incumbent member of the judiciary within their jurisdiction
 ● MTC, CA, CTA, Sandiganbayan
● Judge Advocate General of the Military of the AFP
● Judge Palamos will solemnize a marriage in Davao, will the marriage be valid? NO, not within
the jurisdiction. Mere Irregularity.

Navarro vs Domagtoy (Administrative Case)-Obiter Dictum not binding: when a judge

solemnizes a marriage, outside its jurisdiction it is a mere irregularity.

● A priest rabbi imam or minister of a church of religious sect

● Duly authorized by his church or religious sect
● Registered with the local civil registrar
● It is within the limits provided in the written authority granted him by his church or religious sect
● One of the parties belong to the solemnizing officers church or religious sect
● To be registered in a government office
● If you remove one of the conditions? LACK of AUTHORITY o Ship captain or airplane chief
● Articulo mortis
● Between passengers and crew
● When the ship or airplane is in flight, during stop overs or ports of call
● Is it required that they be on board/inside the ship or the airplane? NO.
● What if during stop over they stayed in the hotel? Can the pilot or ship captain in articulo
mortis solemnize the marriage? YES. Policy of the law is to encourage marriage.
● Military Commander of a unit
● Articulo mortis – at the point of death and not at the danger of dying to be determined by the
solemnizing officer (based on common human experience)
● Within the zone of military conflict
● Between members of the armed forces and the civilians
● One of the injured soldiers were transported to the hospital, can the commander solemnize
the marriage? IT DEPENDS, only if the person is in articulo mortis
● Gen Bato Dela Rosa CANNOT solemnize marriage (Police not military)
● Consul, vice-consul and consul- general
● It is better for us to consider all the conditions as constitutive elements of the authority, so
without one it is not an irregularity, it is lack of authority therefore the marriage is void without
prejudice to the provision of Art. 35 par. 2
● In the case of Navaro vs Dumagtoy: this is only a mere irregularity
● Personally for Atty. Delson, he thinks it is a lack of authority and not a mere irregularity (pero say
both na lang daw)
● Rationale: if you remove one of the elements, may it be considered as a mere irregularity? NO

10. A marriage solemnized after the expiration of the marriage license is valid because this is a
mere irregularity.
● FALSE. Lack of marriage license (Art. 3(2) & Art 4)

11. H and W got married in 1987. H left the family home 2/14/08 and lived with his paramour B in
a rented condominium.
 ● FALSE. There is a legal impediment to the marriage. (Art. 34)
● Discussion on the Committee who drafted the FC, that at the time of the celebration of marriage
there must be no legal impediment to the marriage. (meaning that there must be no
impediment at the end of the 5year term)
● Ninal vs Bayadog – there must be exclusivity between the parties and that there must be no legal
impediment during the whole 5 years. However, what was applied in the case was the old law
prior to the Family Code (Art 76 of the Old CC)

Manzano vs Sanchez – one of the requisites is that there must be no legal impediment at
the time of the celebration of the marriage, regardless of any impediment prior to the celebration.
Office of the Court Administrator vs Judge Necesario – the judge was sanctioned for solemnizing the
marriage without a license where the parties during the 5yr period of cohabitation were minors. The
suggestion was that there must be no legal impediment during the duration of the 5-year cohabitation.
FINAL NOTE: (Personally) the phrase no legal impediment should qualify the 5-year period of
cohabitation. Otherwise, if that would be applied only on the time of the celebration of marriage, it
would be surplusage because it is given that when you have legal impediment to marry you should not
be allowed to marry not only for purposes of exempting you to the license. To make sense, it should
qualify the 5year period of cohabitation.
If confronted with a conflict, state everything
As discussed it is important ONLY that at the time of the celebration there is no legal impediment and in
Manzano vs Sanchez, however in the case of OCA vs Judge Necesario...
What are the exceptions to the requirement of a valid marriage license? (Art. 27-34)

● The parties must live together as H and W within 5 years prior to the marriage without any legal
impediment to the marriage
● In case of articulo mortis –military
● In case of those living in remote places with no means of transportation to obtain license from
the local civil registrar
● Marriage among Muslims or members of ethnic cultural communities provided in accord with
their customs, rites and practices

12. A Mangyan and an Igorot who are now temporarily living in Manila because of their studies
may marry without a license if their respective residences are so located that there is no
means of transportation.
● FALSE Art 28 Marriage license is still required because Manila is their residence. Residence, in its
ordinary conception, implies the factual relationship of an individual to a certain place. It is the
physical presence of a person in a given area, community or country. (Imelda Marcos vs
Comelec)

13. A common law marriage between foreigners contracted in State C where only common law
marriage is allowed, is valid in the PH.
● TRUE (Status is governed the national law)
 14. A common law marriage between Filipino in State C shall be valid because this is included in
the exceptions in Art 26 of the FC.
● FALSE. Marriage must be celebrated (Art 26 par. 1 applies only to marriages that are celebrated,
not involve common law relations)

15. The civil registrar has no option but to issue the license even if there is a serious objection but
must note down the particulars of the objections in the application for the marriage license.

Art 8 File a petition at his own instance and wait for the court order.

● FALSE. The civil registrar has the option of going to Judge Palamos

(Roen) TRUE. Registrar is duty bound to issue the license absent any court order directing him to not
issue a license.

16. Judge Palamos, Justice Tang, Justice Bello may solemnize a marriage anywhere in the PH
● FALSE

TRUE Art 8
The above-quoted Article 8 of the Family Code clearly states that a marriage can be held outside the
judge's chambers or courtroom only in the following instances: 1.] at the point of death; 2.] in remote
places in accordance with Article 29; or 3.] upon the request of both parties in writing in a sworn
statement to this effect. (Keuppers v. Judge Murica)

17. A justice of the CTA and the Vice Mayor may solemnize a marriage
● TRUE

Justice of the CTA - anywhere in the Philippines Art. 7 of FC

Vice Mayor - acting as mayor (memaid citing People vs Bustamante) RA No. 7160 Sec 444-445

18. Psychological incapacity of Mr. X declared in the decision of nullity of his previous marriage is
an impediment to another marriage

False.
The possibility that one may be cured after the psychological incapacity becomes manifest after the
marriage was not ruled out by Justice Puno and Justice Alice Sempio-Diy. Justice Caguioa suggested that
the remedy was to allow the afflicted spouse to remarry. (Ngo Teh vs Yu-te)
Then Justice Teodoro R. Padilla even emphasized that "each case must be judged, not on the basis of a
priori assumptions, predelictions or generalizations, but according to its own facts. (Ngo Teh vs Yu-te)

● FALSE Case to case basis. (Art 5) Impediments include those stated in Art. 37 and 38, it does not
include 36. Psychological incapacity is relative, just like impotency.
Such incapacity must also be shown to be medically or clinically permanent or incurable. Such
incurability may be absolute or even relative only in regard to the other spouse, not necessarily
absolutely against everyone of the same sex. (Republic vs CA and Molina)

● In the case of Psychological incapacity, the personality disorder is not the only factor that would
result to the nullity of marriage. So even if the person has the personality disorder which was
made manifest because of his failure to fulfill his obligation arising from the marriage in so far as
one spouse is concerned. It may happen that in the subsequent marriage while he has the same
personality disorder, he might be able to comply with the obligations of marriage. He is allowed
to marry notwithstanding the fact that he was earlier declared as psycho incapacity

19. A marriage between scuba divers may be validly solemnized by a priest under the sea. Art. 8
● TRUE provided that they would request in writing that they would celebrate their marriage in
another place other than those provided by law

20. Marriage between the Filipino citizens in Japan may be solemnized by the Philippine
Ambassador to Japan but the license should be issued by the consular officer.

Art. 7

● FALSE Ambassador has no authority to solemnize marriage

● Can this be covered by par. 2 of Art 35? YES. If the parties believe that the Ambassador is
authorized to solemnize marriage.
● However, in that case, it would be a case of a mistake of law will that not fall under Article 3 of
the NCC “Ignorance of the law excuses no one from compliance therewith”?
● If the parties believe that the Ambassador is a consular officer, in that case it is a mistake of
fact, what will be the effect?
● GOOD FAITH in Art 35 par 2 may include circumstances where there is both mistake of law and
mistake of fact (Justice Vitug: depends on the person invoking Good faith)

21. The failure of the contracting parties to indicate their present residence and citizenship in their
application for marriage licenses makes the marriage defective
● FALSE. Mere irregularity (Art. 4)
● A Japanese would like to marry in the PH, what would you require the Japanese to submit? o
Certificate of Legal Capacity to Contract marriage from the consular office of the Japanese
national
● He pulls out a 10,000 yen and gave it to you (civil registrar) which you accepted. Will that affect
the validity of the marriage?
● NO. Mere irregularity
● FAKE LICENSE is equivalent to no license at all
 22. Marriages without parental consent, parental advice or marriage counseling is defective.
FALSE. Marriages without parental consent, in cases falling under under Article 45(1) of the
Family Code, in a marriage wherein the party was eighteen years of age or over but below
twenty- one, and the marriage was solemnized without the consent of the parents, guardian or
person having substitute parental authority over the party, is voidable.

Marriages without parental advice and marriage counseling, on the other hand, is valid. These are
neither essential nor formal requisites in the solemnization of a marriage.

23. The marriage of a man with a very small penis is void.

FALSE. Instances of void marriages are enumerated under Article 35, 36, 37 and 38 of the Family Code
does not include the size of penis as basis for a void marriage. Further, in case of Chi Ming Tsoi vs. CA, the
Court held that senseless and protracted refusal to have sexual intercourse is equivalent to psychological
incapacity that renders a marriage void. Hence, absent any of the grounds for a void marriage or
psychological incapacity relating to the physicality of a person, marriage of a man with a very small penis
is valid.

24. There could be an instance where the property relation in a void marriage are governed by the
regime of absolute community.

TRUE. As a general rule, the property regime of void marriage is governed by Art. 147 and 148. The
exception to this rule, as enunciated in the case of Valdez vs RTC and Art 40 of the Family Code is when
there is a void marriage and a party to such void marriage remarries without the judicial declaration of
nullity of the previous marriage. According to Art. 50 the subsequent marriage is void. Pursuant to Art.
50, we apply Art. 43(2) which refers to the liquidation to the conjugal partnership or absolute community
of property. In Valdez vs RTC, the Court held that a
void marriage under Art 40 is exceptional, not governed by Art 147 and 147. It is governed by absolute
community or conjugal partnership.1

25. Abandonment of the wife is not conclusive proof of psychological incapacity

TRUE. Abandonment does not constitute psychological incapacity absent a showing of manifestations of
a disordered personality which make the wife unable to discharge the essential obligations of marriage.2

26. Mixed personality disorder from self-defeating personality disorder…….

TRUE. In the case of Halili vs. Santos-Halili, the Court held that a mixed personality disorder, particularly
dependent and self-defeating personality disorder which is brought about by causes existing before the
marriage is a psychological incapacity that effectively renders a person unable to perform the essential
obligations of marriage.3
 27. A dependent personality disorder of a respondent determined by an expert who did not
personally examine the former cannot be admitted as sufficient proof of psychological
incapacity

FALSE. In Marcos vs. Marcos, the Court held that if the totality of evidence presented is enough to
sustain a finding of psychological incapacity, then actual medical examination of a person concerned
need not be resorted to.

28. A petitioner may use his own psychological incapacity as a ground for an action under Art 36.

TRUE. The Principle/Doctrine of Clean hands does not apply in psychological incapacity cases brought by
the incapacitated spouse himself because psychological incapacity is not consistent with bad faith.

A. The military pilot of a C-140 PH air force plane carrying typhoon victims is authorize to
solemnize marriage in articulo mortis

TRUE. Article 7 of the Family Code in relation to Article 31 provides that an airplane chief is authorized to
solemnize a marriage in articulo mortis between passengers or crew members while the plane is in flight
and also during stopovers at ports of call.

B. Is a military pilot excluded from the Art 7 par 3? Will that be limited only to pilots of
PAL or Cebu Pac?

NO. Article 7(3) is not limited to pilots of airlines. Article 7(3) in relation to Article 31 does not distinguish
as to what kind of airplane chief and hence encompasses all airplane pilots.

30. Parental consent is a mandatory requirement for the issuance of a marriage license? FALSE.
Parental consent is not one of the requirements required for the issuance of a marriage license
provided under the Family Code.

1. 1.Valdes v. RTC, Br. 102, Quezon City, G.R. No. 122749, July 31, 1996
2. 2.Villalon vs. Villalon (not assigned case)
3. 3.Halli-Santos-Halili, G.R. No. 165424. June 9, 2009. (Not assigned)

Accdg. to Sta. Maria, it is only an additional consent to the consent to be given by the contracting
parties.

31. Lack of parental consent does not affect the validity of marriage
FALSE. Under Article 45(1) of the Family Code, lack of parental consent in a marriage contracted by a
party eighteen years of age or over but below twenty-one, and the marriage was solemnized without the
consent of the parents, guardian or person having substitute parental authority over the party, in that
order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both
lived together as husband and wife, is voidable.

32. No sum shall be collected in the nature of a fee or tax of any kind for the issuance of a
marriage license.

FALSE. Article 19 of the Family Code provides that the local civil registrar shall require the payment of
the fees prescribed by law or regulations before the issuance of the marriage license. No other sum
shall be collected in the nature of a fee or tax of any kind for the issuance of said license.

33. A license issued by the civil registrar in violation of an injunctive writ issued by the court is
void

FALSE. A license issued by the civil registrar in violation of an injunctive writ issued by the court is valid,
but due to the irregularity of the issuance, the issuing civil registrar may be civilly, administratively, or
criminally punished.

34. A marriage solemnized in La Presa between ethnic residents is valid even without a license
because this is allowed under RA 6766 creating the CAR

FALSE. Organic act RA 6766, establishing an autonomous regional government for the Cordillera was put
to a plebiscite but was rejected. As it was not ratified, it cannot be a source of any right. Under Article
3(2) in relation to Article 4 of the Family Code, a valid marriage license is a formal requisite of marriage,
the absence of which shall render the marriage void ab initio. Hence, a marriage solemnized in La Presa
between ethnic residents is not valid if solemnized without a marriage license.

35. A license that was issued on the basis of a falsified affidavit on the basis of the date of birth of
the contracting parties is void

FALSE. The issuance of the license was a mere irregularity in the formal requisite of a marriage license
and hence does not affect the validity of the marriage of the parties.

36. A petitioner cannot invoke his psychological incapacity, lack of ceremony, lack of a valid
marriage license and lack of authority of the solemnizing officer in a single petition for the
nullity of marriage.

FALSE. The petitioner for the nullity of marriage must plead every ground in the petition so as to avoid
splitting of a cause of action.

37. There is one void marriage that can be ratified FALSE. Void marriages can not be ratified.
 38. Only a spouse may file a declaration of a void marriage because a void marriage
cannot be collaterally attacked
TRUE. A.M. No. 02-11-10-SC provides that a petition for declaration of absolute nullity of void marriage
may be filed solely by the husband or the wife. The heirs may collaterally raise it not in a petition for
declaration of nullity of marriage but in an action for the settlement of the estate of the deceased.

39. Linda who married Juan may file an action for nullity of marriage upon discovery that Juan is
the father of Pedro her text mate with whom she fell inlove and agreed to get married the
moment they meet

FALSE.
(Roe): is this a case of mistaken identity??

40. In all cases the psychological incapacity must shown to be existing at the time of the
celebration of marriage

TRUE. Article 36 of the Family Code provides that the psychological incapacity must exist at the time of
the celebration of the marriage. Further, the Court held in Republic v. Molina that the incapacity must be
proven to be existing at "the time of the celebration" of the marriage. The evidence must show that the
illness was existing when the parties exchanged their "I do's." The manifestation of the illness need not
be perceivable at such time, but the illness itself must have attached at such moment, or prior thereto.

40. Elements of Psychological incapacity:

● Juridical antecedence - The incapacity must be proven to be existing at "the time of the
celebration" of the marriage.
● Such incapacity must also be shown to be medically or clinically permanent or incurable.
● Such illness must be grave enough to bring about the disability of the party to assume
the essential obligations of marriage.
● Participation of the OSG4 (Republic v. Molina)

40. What was the modification in the case of Molina?

The Molina Case requires that the trial court must order the prosecuting attorney or fiscal and the
Solicitor General to appear as counsel for the state. Another modification is the consideration of
interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the
Philippines, while not controlling or decisive, should be given great respect by our courts.

41. The non- performance of the marital obligations may support a claim for damages unless the
respondent is suffering from psychological incapacity

TRUE.
 42. A marriage between X and Y is void if X is the son of C who is the brother of Y’s grand uncle

FALSE. The marriage between X and Y is valid because they are collateral relatives within the 5th degree,
hence, not within the prohibition of void marriages under Article 38.

4. 4.No longer needed

43. An adopted child may marry the adopted child of his adopter’s brother TRUE. Article 38 does
not prohibit such marriage, hence valid.

44. A step child may marry the sister of her step mother

FALSE. The Philippines and its laws does not allow same sex marriage. As defined under Article 1 of the
Family Code, marriage is a special contract of permanent union between a man and a woman entered
into in accordance with law for the establishment of conjugal and family life. The parties in a marriage
contract is limited between a man and woman. Hence, a step child may not marry the sister of her step
mother.

45. A marriage license issued in La Union may be used in Manila

TRUE. Article 20 of the Family Code provides that the license shall be valid in any part of the Philippines
for a period of one hundred twenty days from the date of issue. Hence, a marriage license issued in La
Union may be used in Manila.

46. An alien may be excused from the requirement of a certificate of legal capacity to contract
marriage if he has been residing in the PH for at least 3yrs prior to the marriage

FALSE.

47. A justice of the SB in Quezon may solemnize a marriage in articulo mortis in Zamboanga TRUE.
Article 7(1) provides that marriage may be solemnized by any incumbent member of the
judiciary within the court’s jurisdiction. An incumbent Sandiganbayan Justice has jurisdiction
over the whole Philippines. Hence, he may solemnize a marriage in articulo mortis in
Zamboanga.

48. A marriage without license…

A marriage without license is void ab initio. However, a marriage without a license is valid under the
following circumstances:

● In case either or both of the contracting parties are at the point of death (Art. 27)
 ● If the residence of either party is so located that there is no means of transportation to enable
such party to appear personally before the local civil registrar, (Art. 28)
● A marriage in articulo mortis between passengers or crew members may also be solemnized by a
ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but
also during stopovers at ports of call. (Art. 31)
● A military commander of a unit, who is a commissioned officer, shall likewise have authority to
solemnize marriages in articulo mortis between persons within the zone of military operation,
whether members of the armed forces or civilians. (Art. 32)
● Marriages among Muslims or among members of the ethnic cultural communities may be
performed validly without the necessity of marriage license, provided they are solemnized in
accordance with their customs, rites or practices. (Art. 33)
● No license shall be necessary for the marriage of a man and a woman who have lived together as
husband and wife for at least five years and without any legal impediment to marry each other.
(Art. 34)

49. A marriage witnesses only by the groom’s mother and her pet monkey is valid

TRUE. The two-witness rule requirement under Article 3(3) of the Family Code is merely directory, and
absence of one witness does not render the marriage void.

50. A 90-yr old man may validly marry his 95-yr old girlfriend suffering from alzheimer’s disease

TRUE. Article 2(2) provides that an essential requisite of marriage is consent freely given in the presence
of the solemnizing officer. Provided that the 95-year old woman suffering alzheimer’s disease freely gives
her consent to the marriage, then the marriage is valid.

1. M (sorry mahina record)

CIVIL LAW REVIEW ’16

(3rd Quiz)

● There is psychological incapacity in case of a woman who lives a lie at the start of the marriage
● She had to write letter to herself, she had to invent personal circumstances and it affected the
performance of her marital obligations.
● SC said, she is psycho incapacitated

TRUE. In the case of Antonio v Reyes, the Supreme Court held that the wife is evidently unable to comply
with the essential marital obligations as embraced by Articles 68 to 71 of the Family Code. Article 68, in
particular, enjoins the spouses to live together, observe mutual love, respect and fidelity, and render
mutual help and support. As noted by the trial court, it is difficult to see how an inveterate pathological
liar would be able to commit to the basic tenets of relationship between spouses based on love, trust
and respect.

2. A marriage between first cousins is void for being contrary to public policy.
● FALSE. (answer given sa compilation)

NOTE: TRUE. The marriage is void under Art. 38 paragraph 1 between collateral relatives, whether
legitimate or illegitimate, up to the fourth civil degree for reasons contrary to public policy.

3. The marriage of the Filipina and an American in the PH facilitated by a mail order bride
operation is not valid?
● FALSE it is valid as long as the formal and essential requisites under Articles 2 and 3 of the FC are
met especially if the consent of the Filipina is freely given despite being facilitated by a mail
order bride operation the marriage would still be valid.
● The operation of a business like this is prohibited by law, it will not affect the validity of the
marriage as long as you have all the elements of a valid marriage.

4. A policeman who killed X, a drug pusher, ….can validly marry the widow of X.

● TRUE it is not covered by Art. 38 (9).

● The killing was not for the purpose of marrying the widow of X

5. The accused in the ……nullity of his previous marriage…

● FALSE

While jurisprudence states that the nullity of a previous marriage will not allow a party
thereto to contract another subsequent marriage without a judicial declaration of nullity of the previous
one ● SC said if he/ she gets married again, he/ she is risking a prosecution for bigamy.
BUT, EXCEPTIONALLY in the case of People vs Morigo, where the marriage was annulled or declared void
from the beginning. The SC acquitted the accused BUT the acquittal was not really based on the fact that
there is a previous declaration of nullity but on the nature of the …. ● The SC in Morigo distinguished
that case from Sarciano? vs Tan in the sense that n Morigo: there is no ceremony and that there is no
marriage to begin with although the SC said you cannot determine for yourself the nullity of the
marriage (not matter WON void or voidable)

Note: sorry di ko gets yung tanong pero in the Morigo case this is what the Supreme Court has to say
with respect to nullity of previous marriage before contracting a 2nd marriage: In this case, no marriage
ceremony at all was performed by a duly authorized solemnizing officer. Petitioner and Lucia Barrete
merely signed a marriage contract on their own. The mere private act of signing a marriage contract
bears no semblance to a valid marriage and thus, needs no judicial declaration of nullity. Such act alone,
without more, cannot be deemed to constitute an ostensibly valid marriage for which petitioner might
be held liable for bigamy unless he first secures a judicial declaration of nullity before he contracts a
subsequent marriage.

6. A valid bigamous marriage shall be auto terminated upon the reappearance of the spouse.
● FALSE
● An exception to Art. 35 (4) is Art. 41 where the spouse is missing he/she will be declared
presumptively dead by summary judicial action and therefore the subsequent marriage will not
be considered as bigamous because of the presumptive death of the other one, the absent
spouse.
● But if the absent spouse turned out to be alive, then the 1 st marriage was not dissolve by the
death of the spouse so you will have 2 marriages
● While the subsequent marriage is bigamous, it is EXEMPTED from Art. 35(4)
● This is case of a valid, although bigamous marriage
● But you can’t have the best of both worlds, accdng to the law, so the 2 nd marriage will be
terminated even if it is valid. It will be terminated NOT upon the reappearance of the absent
spouse BUT upon the filing of the affidavit of reappearance.

7. Pregnancy of the wife before the marriage by one other than the husband is a valid ground for
annulment.
● FALSE it is the concealment that is the ground for annulment

8. Fraudulent misrepresentation of the one regarding the salary of one is a valid ground for
annulment of marriage.

● FALSE
● Instances of fraud is limited to the ones indicated in Art. 46

9. The grounds for annulment of marriage is exclusive to those specified by law.

● TRUE. Only those enumerated in the Family Code.

10. A woman abandoned by the husband since 1995 may marry without the judicial
declaration of presumptive death.

● FALSE
● GEN. under the NCC, the 7 year absence for all intents and purposes will …to the presumption
that the missing spouse is dead BUT since the FC is a special law, the requirement for judicial
 declaration of presumptive death will have to be applied regardless of the number of years even
if it is 10 or 20yrs. You still have to comply with the FC

11. The nullity of the marriage because of psycho incapacity is prejudicial question in a bigamy
case
● FALSE. Requisites for bigamy was that there must ba a subsisting marriage, a second marriage
was entered during the subsistence of the first and that the second marriage is valid in all
aspects were it not for the existience of the first marriage. Hence, it is not material w/n the first
marriage will be nullified so long as the 2nd marriage was contracted while the 1st one is
subsisting.

12. The rules of triennial cohabitation is absolute

● FALSE it is merely a presumption

13. Impotency may be relative

● TRUE. Relative impotence is where a person is impotent with respect to his or her spouse but
not with another woman or man.

14. A man who can only have an erection by drinking “makahiya” is impotent
● FALSE. Mere sexual weakness or frigidity are not to be considered as physical
incapability/impotence. The incapacity must be continues and appears to be incurable.
(Art.45(5))

15. In a marriage that is voidable for lack of parental consent, the mother of the 23-year old
husband may seek the annulment of the marriage
● FALSE
● If more than 21 years old, it the party himself who should file for annulment of marriage

16. The insane spouse may seek the annulment of his marriage to another insane person
● TRUE
● May, during a lucid interval

17. One single slap to the face can be a ground for legal separation
● TRUE
 ● Repeated violence BUT if the husband is 6ft tall and he wife is 4’11, one slap in the face could be
fatal

18. The insistence of the husband to have dog-style sex every other day can be a ground for legal
separation
● TRUE. Sexual perversion includes all unusual or abnormal practices which may be offensive to
the feeling or sense of decency of either the husband or wife.

19. Continued support given by the aggrieved husband to the adulterous wife is
considered as condonation.

● TRUE. Condonation may be express or implied. The facts above constitute and implied
condonation which by virtue of his acts implies that he has forgiven the matrimonial offense
after its commission.

20. Recrimination must refer to a common ground for legal separation

● FALSE
● Different grounds

21. A legal separation decree does not become final

● FALSE
● Procedurally it does become final

22. The wife may revert to her maiden name after the decree of legal separation
● FASLE
● Because the marriage was not severed

23. The reconciling spouses may adopt a property regime different from what they had prior to
the legal separation
● BONUS
● The FC refers to the revival of the previous property regime meaning they have to go back to
what they had prior to the legal separation
● BUT the SC in its CIRCULAR, provides that the spouses may revert back OR they can adopt a new
or diff prop regime BUT it is still in the FC that if the spouses will agree on the prop regime it
must begin at the precise moment of marriage
● An agreement of a property regime to begin in the future is VOID
● On the basis of SUBSTANTIVE LAW, it is NOT possible
● But if considering the SC circular, it may happen
● Atty. Delson (personally, I would prefer substantive law)
 24. Drug addiction or habitual alcoholism of the petitioner is a valid ground for legal separation
● FALSE
● It is the respondent

25. A lesbian may not petition for legal separation against her gay husband whom she caught
having sex with their driver.

● FALSE
● Does it mean that if the spouses are homosexual, they can no longer fila an action from legal
separation? NO
● Even if the man is homosexual but after finding true love he forgot about his homosexual ways it
would be unfair.

26. After legal separation the custody of the 6 years old child shall be awarded to the
innocent husband

● FALSE
● EXCEPTIONALLY for a child below 7, the law states that the child must be in the custody of the
mother UNLESS it can be shown that the mother is unfit

27. The offended spouse in an action for annulment shall be disqualify in inheriting from the
innocent spouse by intestate or testate succession.
● TRUE
● In the case of legal separation, the provision which provides that the will shall be revoked by
operation of law does not foreclose the possibility of

28. The … of the marriage under Art. 40 of the FC shall be governed by the regime of absolute
community of property…
● TRUE.

NOTE: Di ko gets yung tanong pero since art. 40 pertains to remarriage and declaration of nullity of 1st
marriage as void, I take it na it has something to do with the property relations of 2nd marriage while
there is still no declaration of nullity of 1st marriage, IF that is the case, the answer should be false kasi
the property relations of 2nd marriage should be governed by provisions of co-ownership. Hindi me sure
sorry :((

29. A void marriage under Art. 36 of the FC shall be governed by Art 148 of the same code.
● FALSE
● Governed by Art. 147
● Art. 36 Psycho incapacity is not a legal impediment to a marriage

30. In the event of adverse judgement in a petition for legal separation, the wife may appeal or file
an MR
● FALSE
● MR first before one can file for appeal. Cannot appeal without filing a MR

31. Upon the declaration of nullity of subsequent marriage, Art. 40 of the FC, a donation propter
nuptias in favor of a party in bad faith may be revoked by court action.
● TRUE
● There is an apparent inconsistency between Art 43 and Art 86 because in Art 86 it made
donation propter nuptias revocable by court action. In Art. 43, it is supposed to be revoked by
operation of law.

32. The petition for legal separation may be filed in the family courts in the province or city where
the marriage was celebrated.
● FALSE
● It must be in the where either party resides (determinant of the venue of the action – Rules of
Court)
33. The respondent in a legal separation case may … verbally abused
● TRUE ● It is part of the pretrial ……
34. In all cases, sexual intercourse is an implied condonation in a case for legal separation
● FALSE
● Not in all cases, because sexual intercourse can be forced
● If it is forced upon the woman, that is not condonation.
● There is a diff bet sexual intercourse and F*CK
● F*CK (“for unlawful carnal knowledge”) refers to adulterous sexual relations, if with the wife, it is
not f*cking but love/romance

35. The decree of legal separation must be published once in a newspaper of general circulation if
the whereabouts of the respondents are unknown
● FALSE
● Why service of summons may, if the party or the respondents is not in the place of is last
residence, he cannot be located or if his whereabouts are unknown, the publication or the
requirement of publication of the decree will apply only when service of summons was done by
publication
● If at the start of the proceedings, you know where the respondent is but thereafter he went
missing is there a need for you to publish the decree of legal separation? NO, if you have
 acquired the jurisdiction over the person by means of service of summons, then there is no need
to publish the decree
● It is only in the case where the summons is served thru publication that the decree of legal
separation must also be published
●