PERSONS AND FAMILY RELATIONS

Atty. Soledad Deriquito-Mawis

Midterm Exam Reviewer 1st Sem AY 2019-
2020
Important Dates to and
Remember obli
gati
August 30, 1950
ons,
- Effectivity of the New Civil Code with
August 3, 1988 refer
enc
- Effectivity of the Family Code
e to
August 19, 1986 pers
- ons,
Promulgation of Wiegel v. Sempio-Dy doctrine
thin
March 15, 2003 gs,
- Effectivity of A.M. No. 02-11-10-SC and
civil
acts
EFFECT AND .
APPLICATION OF - Som
LAWS e of
New
On the New Civil Righ
Code - NCC 1 ts
- Civil Cre
Cod ated
e - - Acts
colle cont
ctio rary
n of to
laws mor
whic als
h - Pro
regu of of
late illegi
the tima
priv te
ate Filia
relat tion
ions - Mor
of al
the and
me nom
mbe inal
rs of dam
civil age
soci s -
ety,
dete Som
rmin e of
ing Subj
their ects
resp Omi
ectiv tted
e - Dow
right ry
s
- Cen s
sos laid
- Lan dow
gua n by
ge the
of SC
the of
Cod the
e - PH
Engl - Filipi
ish no
text cust
shall oms
prev and
ail tradi
over tion
any s
tran - Phili
slati ppin
on e
- Sou Stat
rces utes
of - The
the Cod
pres e
ent Co
Civil mmi
Cod ssio
e n
- Civil itself
Cod -
e of
188 4
9 Boo
- Cod ks
es, - Pers
Law ons
s, - Pro
judic pert
ial y,
deci
sion Own
s, ersh
and ip
wor
ks and
of
othe its
r Mod
juris ificat
ts of ions
othe - Diffe
r rent
cou Mod
ntrie es
s of
- Doct Acq
rine uirin
 g or in
Own a
ersh new
ip spa
- Obli per
gati of
ons gen
and eral
Con circulation
tract - Law
s s
that
On Effectivity of mus
Laws - NCC 2 t be
Laws shall publ
take effect after ishe
fifteen days d
following the are
completion of their laws
publication in the of
Official Gazette, or gen
in a newspaper of eral
general circulation in appl
the Philippines, icati
unless it is otherwise on
provided. (As - Exe
amended by E.O. mpt
200) ed
- “unl from
ess publ
it is icati
othe on:
rwis - Inter
e pret
prov ativ
ided e
” regu
pert latio
ains ns
to and
the thos
date e
of mer
effe ely
ctivit inter
y nal
and in
not natu
the re,
publ that
icati is,
on regu
in latin
the g
Offic only
ial the
Gaz pers
ette onn
 el of compliance
the therewith.
adm - Pres
inist ump
rativ tion
e of
age the
ncy kno
and wled
not ge
the of
publ law
ic, - Obli
nee gato
d ry
not forc
be e of
publ law
ishe bec
d. ome
s
Fuentes v. Roca una
- Even though the Roca spouses werevoid married
under the Civil Code, the transactionable(selling of
, of the
the land) occurred during the effectivity
and
Family Code. Thus, Family Code provisions
nob
were made to apply to already existing
ody
conjugal partnerships w/o prejudice to vested
can
rights. esc
ape
Commissioner v. Hypermix its
- Agencies must follow their effe
mandate/requirement for the public cts
participation, prior notice, and by
publication/registration w/ the UP LawalleCenter
(3 copies) of any rule/regulation thatging
they want
to adopt before it can be implemented , or be
goo it.
valid and have the force of the law behind
d
faith
Acaac v. Azcuna or
- For a subject ordinance to be consideredbad, valid
in the province it must: igno
1. Go through public consultationranc
2. Be published in a newspaper e. of gen.
Circ. - Dict
ated
3. Be approved by the Sangguiniang
Panlalawigan not
only
by
On the Ignorance of exp
the Law - NCC 3 edie
Igno ncy
rance of the but
law excuses also
no one from by
nec
 essit duct
y, ; but
no not
exc igno
epti ranc
ons e of
adm law
itted (ign
- Only oran
cov tia
ers juris
man nem
dato ine
ry m
and exc
proh usat
ibito )
ry - Mist
laws ake
- Mist of
ake lawy
s er -
(Tol lawy
enti er
no can
Not not
es) be
- Mist disb
ake arre
of d for
fact an
- hon
igno est
ranc mist
e of ake
fact or
(ign erro
orati r
a of
facti law
) - Irrev
may oca
exc bility
use of
a acts
part - If,
y thro
from ugh
the mist
lega ake
l or
con igno
seq ranc
uen e of
ces law,
of a
his pers
con on
 doe Elegado v. CA
s an - When foreigners are in the PH, they are
act presumed to know our law. A foreign lawyers’
whic ignorance and unfamiliarity with our tax laws
h
and procedure cannot excuse them from
prej
compliance.
udic
es
him On Retroactivity of
self, laws - NCC 4
and Laws shall
the have no retroactive
injur effect, unless the
y contrary is provided.
can - Retr
not oact
be ive
rem law
edie - a
d law
with that
out crea
imp tes
airin a
g new
anot obli
her’ gati
s on
right and
s, imp
the ose
mist s a
ake new
can duty
not , or
be atta
corr che
ecte s a
d to new
the disa
prej bility
udic , in
e of resp
the ect
latte to
r tran
sacti
ons
Kasilag v. Rodriguez
or
- The parties’ verbal agreement contained
con
elements of a contract of antichresis which is
side
illegal, thus making it null and without effect.
ratio
- However, since petitioner is not conversant
ns
with the laws because he is not a lawyer,
alre
petitioner’s ignorance of said law is excusable,
ady
making him a possessor in good faith.
past
.
- All enfo
stat rce
utes right
are s to
to insu
be re
con bett
stru er
ed adm
as inist
havi ratio
ng n of
only justi
a ce
pros and
pect publ
ive ic
oper inter
atio est.
n. - Re
- Exc med
epti ies,
ons: form
(i.e. s of
pos proc
sible eedi
retro ngs,
activ and
e limit
laws atio
) n of
- Whe acti
n on
the may
law be
itself retro
expr activ
essl e in
y char
prov acte
ides r
- In only
cas if
e of the
rem rem
edia edia
l l
stat cas
utes e is
- Re pen
med ding
ial at
stat the
utes time
are of
thos its
e ena
that
 ctm at
ent. the
- In time
cas of
e of the
cura ena
tive ctm
stat ent
utes of
- By suc
natu h
re, laws
cura final
tive sent
stat enc
utes e
cure has
erro alre
rs ady
and bee
irreg n
ulari rend
ties ered
and .
mus - In
t be cas
appl e of
ied laws
retro inter
activ preti
ely. ng
- In othe
cas rs
e of - Law
pen s
al whic
stat h
ues mer
- Inso ely
far inter
they pret
favo the
r the mea
acc ning
use of
d othe
who r
is laws
not are
a con
habi side
tual red
crim as
inal, inco
eve rpor
n ated
thou in
gh the
 latte acts
r, subj
but ect
they to
shall the
not form
affe er
ct laws
judic ,
ial prov
deci ided
sion that
s it
whic has
h aris
hav en
e from
bec acts
ome subj
final ect
in to
the the
mea form
ntim er
e. laws
- In ,
cas prov
e of ided
laws
crea that
ting
new it
right
s doe
- New s
right
s not
shall prej
take udic
effe e
ct vest
from ed
the right
time s
of from
suc the
h sam
decl e
arati origi
on, n.
eve - Exc
n epti
thou ons
gh it to
has the
aris exc
en epti
from ons:
 (i.e. contracts is
stric governed by this
tly Code, even if her
pros marriage was
pect celebrated under the
ive) former laws.
- Whe
n NCC 2260. The
the voluntary
retro recognition of a
activ natural child shall
ity take place according
of a to this Code, even if
pen the child was born
al before the effectivity
stat of this body of laws.
ute
will NCC 2263. Rights to
mak the inheritance of a
e it person who died,
an with or without a will,
ex before the effectivity
post of this Code, shall
fact be governed by the
o Civil Code of 1889,
law by other previous
- Whe laws, and by the
n Rules of Court.
the
retro NCC 2266. The
activ following shall have
ity not only prospective
effe but also retroactive
ct effect:
shall (1) Article 315,
imp whereby a
air descendant
an cannot be
obli compelled,
gati in a criminal
on case, to
of a testify
cont against his
ract, parents and
eve ascendants;
n (2) Articles 101
whe and 88,
n providing
expr against
ess collusion in
ed cases of
by legal
law separation
and
NCC 2259. The annulment
capacity of a of marriage;
married woman to (3) Articles 283,
execute acts and 284, and
 289, cases of
concerning defamation,
the proof of fraud, and
illegitimate physical
filiation; injuries.
(4) Article 838,
authorizing Francisco v. CA
the probate - Petitioner Teresita Francisco claims that
of a will on ownership of properties becomes conjugal
petition of after marriage because of the Family Code.
the testator - However, the couple got married when the
himself; NCC was still in effect. Because of this, the
(5) Articles Family Code cannot be invoked retroactively
1359 to because it impairs the prior vested rights
1369, under the NCC. Therefore, ownership of
relative to disputed properties shall be still governed by
the the NCC.
reformation
of
instruments; Pesca v. Pesca
(6) Articles 476 - Petitioner files a petition of certiorari on the
to 481, CA decision that reversed the RTC decision
that declared marriage as null and void ab
regulating
initio on the ground of psychological
actions to
incapacity.
quiet title; - Petitioner contends that the guidelines set out
(7) Articles in Santos and Molina should have no
2029 to retroactive application, but on the assumption
2031, which that the Molina ruling could be applied
are retroactively, the guidelines and the
designed to application of the Santos and Molina dicta
promote should warrant only a remand of the case to
compromise the trial court for further proceedings.
. - SC denied petition on the reasons that
petitioner has not given substantial evidence
NCC 2267. The of respondent’s psychological incapacity, as
following provisions explained in Court in Santos and reiterated in
shall apply not only Molina, which are mandatory in nature.
to future cases but - SC only interprets so all they did was apply
also to those the current interpretation of an old law.
pending on the date
this Code becomes
Sumerian v. Spouses Damaso
effective:
- Rules of procedure CAN be retroactive when
(1) Article 29,
a case is pending. No one can claim vested
Relative to
criminal rights of a rule of procedure.
prosecutions
wherein the
accused is
acquitted on David vs. Agbay
the ground
- Reacquisition of Philippines citizenship cannot
that his guilt
be retroactively applied. So in this case, even
has not
if he is now a Filipino Citizen, since he
been proved
beyond purchased land as Canadian, he should’ve
reasonable indicated he was a Canadian citizen in the
doubt; Miscellaneous Lease Application.
(2) Article 33,
concerning
On Mandatory or man
Prohibitory Laws - dato
NCC 5 ry or
Acts proh
executed ibito
against the ry
provisions stat
of mandatory ute
or prohibitory laws rend
shall be void, except er
when the law itself the
authorizes their act
validity. illeg
- Man al
dato and
ry void
Law .
s - Dire
- Stat ctor
utor y
y Law
prov s
ision - Prov
s ision
that s
relat that
e to are
matt mer
ers e
of matt
sub er of
stan form
ce, that
sub do
stan not
tial affe
right ct
s, sub
and stan
are tial
the right
very so
ess com
enc plia
e of nce
the is a
thin matt
g er of
requ con
ired veni
to enc
be e
don rath
e er
- Viol than
atio sub
n of stan
a ce
- Acts dva
cont ntag
rary eou
to s
dire than
ctor valid
y, ity
per (voi
miss d)
ive, - Exa
and mpl
sup e:
plet Marr
ory iage
laws with
are inco
not mpl
enfo ete
rced form
. al
- Whe requ
n isite
the s –
law still
auth valid
oriz .
es - The
valid law
ity may
- Whe mak
re e
the the
viola valid
tion ity
doe of
s the
not act
refer dep
to end
an upo
ess n
enti the
al con
matt sent
er, of
the the
law part
con y
side dire
rs ctly
that inter
nullit este
y d in
may the
be nullit
mor y of
e suc
disa h
 act On Waiver of Rights
(voi - NCC 6
dabl Rights may
e) be waived, unless
- Exa the waiver is
mpl contrary to law,
e: public order, public
Marr policy, morals, or
iage good customs, or
don prejudicial to a third
e in person with a right
frau recognized by law.
d - Ren
- The unci
law atio
may n or
decl waiv
are er
the - Righ
nullit ts of
y of pers
an onal
act, ity
but and
at fami
the ly
sam right
e s
time can
reco not
gniz be
e its waiv
effe ed.
cts - Ren
as unci
lega atio
lly n
exist mus
ing. t be
- Exa volu
mpl ntar
e: y.
Ann - Wai
ulle ver
d may
marr be
iage expr
s ess
yet ed
child or
ren impli
rem ed
ain (but
legiti with
mat reas
e ona
ble
infer
 enc uire
e). men
- In ts of
renu waiv
ncia er
tion, - An
activ actu
e al
subj right
ect to
is whic
alon h he
e to is
bla reno
me unci
yet ng
the - Cap
waiv acity
er to
mus mak
t not e
prej the
udic renu
e ncia
the tion
right - Mad
s of e in
othe clea
rs. r
- Doct and
rine une
of quiv
waiv ocal
er is man
gen ner -
erall
y Pro
appl hibit
icabl ed
e to waiv
all er
right - Law
s s
and can
privil not
ege be
s to reno
whic unc
h a ed
pers - Righ
on ts
is cont
lega rary
lly to
entit publ
led. ic
- inter
Req est,
 mor the events of the incident was released. The
als, RTC awarded damages in favor of Maria. DM
and Consunji arguing that Maria waived her right
goo to recover damages under the CC when she
d applied for benefits under the LC.
cust - Waiver requires a knowledge of the facts
oms basic to the exercise of the right waived.
, Ignorance of a material fact negates waiver,
and and waiver cannot be established by a
right consent given under a mistake or
s of misapprehension of fact.
a
third
Aujero v. Philippine Communications Satellite
pers
Corp.
on
- Waivers and quitclaims are binding if they
can
were voluntary and represent a reasonable
not
be settlement. The court only steps in when it is
waiv clear that the waiver was obtained from an
ed, unsuspecting or gullible person, or if the terms
othe of settlement are unreasonable. Later change
rwis of mind is not a valid reason to annul the
e transaction.
void
.

NCC 2035. No Doña Adela v. Tidcorp

compromise upon - Waivers of rights must be voluntary, made
the following knowingly, and with awareness of the relevant
questions shall be circumstances. Silence during proceedings is
valid: not permission because a waiver must be
positively demonstrated, not implied.
(1) The civil
status of
On the Repeal of
persons;
Laws - NCC 7
(2) The validity
Laws are
of a
repealed only by
marriage or
subsequent ones,
a legal
and their violation or
separation;
non-observance
(3) Any ground
shall not be excused
for legal
by disuse, or custom
separation;
or practice to the
(4) Future
contrary. / When the
support;
courts declare a law
(5) The
to be inconsistent
jurisdiction
with the
of courts;
Constitution, the
(6) Future former shall be void
legitime and the latter shall
DM Consunji v. CA govern. /
- Jose Juego died afterAdministrative
falling from aor tower
while performing hisexecutive acts,
duties as a construction
orders, His wife,
worker of D.M. Consunji. andMaria,
applied for benefitsregulations
under theshall
Labor beCode.
Maria later found valid
out that
only she
whencould
they have
recovered damagesare from
notDMcontrary
Consunji to under
the Civil Code after a police report detailing
the laws or the or
Constitution. decl
- Stat ared
utes repe
may al
be - Spe
repe cific
aled ally
by stat
the es it
legis repe
lativ als
e a
bran law
ch - Impl
or ied
decl or
ared tacit
unc repe
onst al
ituti - Prov
onal ision
by s of
the the
judic sub
ial seq
branch uent
- Lap law
se are
of inco
Law mpa
s tible
- A or
law inco
may nsist
expr ent
essl with
y thos
prov e of
ide an
that earli
it er
shall law
be - Con
effe flict
ctive mus
only t be
for a reso
fixe lved
d in
peri favo
od r of
- Rep the
eal later
of law,
laws but
- Expr impli
ess ed
 repe a
als conf
are lict
not bet
to wee
be n
favo gen
red. eral
Ther and
e spe
mus cial
t be laws
an , the
irrec spe
oncil cial
able law
repu can
gna be
ncy; an
if exc
both epti
laws on
can to
stan the
d gen
toge eral
ther, law.
both - Gen
shall eral
be law
sust doe
aine s
d. not
- Req tacitl
uisit y
es: repe
- Law al a
s spe
cov cial
er law.
the - If
sam they
e are
matt not
er abs
- Latt olut
er is ely
inco irrec
mpa oncil
tible able
to , the
the duty
earli of
er the
- Sho cour
uld t is
ther to
e be give
 effe repe
ct to aled
both law
- Rep shall
eal not
of a be
stat revi
ute ved
can unle
not ss
affe expr
ct or essl
y
imp
prov
air
ided
any
.
vest
- But
ed
if
right
the
, act
law
don
was
e,
repe
pen
aled
alty
tacitl
accr
y,
ued,
then
or
the
judg
origi
eme
nal
nt
repe
alre
aled
ady
law
final
will
befo
be
re
revi
the
ved.
repe
al
FC 254 - Provides
- Rep
for both express and
eal
implied repeals
of
between FC and
repe
NCC
alin
- Spe
g
cifie
laws
s all
- If a
NC
repe
alin C
g secti
law ons
is in expr
itself essl
repe y
aled repe
, the aled
origi by
nal FC
 Thornton v Thornton
- This case reviews the CA resolution dismissing
the petition of habeas corpus (filed by Richard
Thornton in his pursuit of looking for his minor
Kida v. Senate
daughter, Sequeira who was brought to
- Where the legislature, by its own act, attempts
to limit its power to amend or repeal laws, the
- When CourtSChasapplies/interprets the law,
the duty to strike down such actits for
interpretation
interferingexisted
with thewhen
plenarythepowers
existed: of “The
contemporaneous
Congress. legislative intent of the
-law.”A state legislature has a plenary law-making
juridical power
necessity
overorall subjects,
- whether
If the domiciles
pertaining to
that it is persons
obligatory of territorial
or things, within its the parties
- Not jurisdiction,
contrary toeither to introduceare new different,
laws or
law repeal the old, unless prohibitedManresa expressly or
- Custom comes by the federal
by implication believes that the
constitution or
fromlimited
society or restrained by its own. It cannotbebind
vis- matter should
a-visitself its successors bytreated
laworwhich as if
enacting irrepealable
comeslaws except when so restrained. Every no
from the there is
statelegislative body may modify custom.
or abolish the acts
- When the place - Roman believes
passed by itself or its predecessors. This
where the court that the general
power of repeal may be exercised at the same
is located and rule should be to
session at which the original act was passed;
the domicile of apply the
and even while a bill is incustomits progress of andthe
the parties are
before it becomes
different, and a law. place
This legislature
for the
cannot
each place has bind a future legislature to a particular
performance or
(1998) that judicial appointments are covered
a modedifferent
of repeal. It cannot declare in advance cons
by Section 15, Article VII of the Constitution.
the intent
custom, it is oftosubsequent legislatures or umthe
be effect of subsequent legislation upon
presumed - matiStare decisis means to adhere to precedent
existing
statutes.
that they knew onand not to unsettle things that are settled. The
the custom of ofCourt, as the highest court of the land, may be
their domicile guided but is not controlled by precedent.
the
and not that of Thus, the Court, especially with a new
jurid
the court’s membership, is not obliged to follow blindly a
ical
location particular decision that it determines, after
act
reexamination, to call for a rectification.
 People v. Ritter ce,
may
- Ritter was acquitted for the rape-homicide of
corr
Rosario Baluyot due to the insufficiency of
evidence presented against him; ect not guilty
beyond reasonable doubt and
- Withal, hypothetically, Ritter could havemod been
charged with pedophilia, but at the time,
ify there
was no penal law against pedophiliathe
- Whenever the court has knowledgebare of any act
which it may deem proper to repress writt and
which is not punishable by law, it shall
en render
the proper decision and shall report law, to the
Chief Executive, through the som DOJ, the
etim that
reasons which induce the court to believe
said act should be made the subject es of penal
legislation. limiti
ng
its
On the Intention of
exce
Justice to Prevail -
ssiv
NCC 10
e
In case of
gen
doubt in the
erali
interpretation or
ty,
application of laws, it
and
is presumed that the
at
lawmaking body
time
intended right and
s
justice to prevail.
exte
- Only
ndin
to
g it
be
to
appli
sup
ed
ply
in
defic
case
ienci
s of
es.
dou
bt
and Alonzo v Padua
whe - In 1977, Tecla Padua invoked her right to
n all redeem a portion of land sold to the vendees
othe (sold in 1963 and 1964) but was dismissed
r since the right to redemption had lapsed, even
rule without written notice, as actual knowledge of
the sales was sufficient. The Supreme Court
s of
affirmed this decision.
inter
- Interpretation and application of the law
pret
should be in consonance with justice. The
atio
n spirit rather
fail. than the
- Equi letter of a
ty, statute
as determine
an s its
attri constructi
bute on, hence,
of a statute
justi must be
 read Martinez v. Van Buskirk
according - It has been proven through testimonies and
to its spirit evidence that its has been a custom for
or intent. cocheros not to tie horses to anything when
the cocheros unload their deliveries.
- Acts of performance which has not proved
On the Presumption
destructive or injurious and are therefore
and Applicability of
Custom - NCC 11 accepted in society for so long that they have
and 12 ripened into a custom cannot be held to be
themselves unreasonable or imprudent
FC 11 - Customs
which are contrary On the Computation
to law, public order of Time - NCC 13
or public policy shall - When the
not be laws speak
countenanced. of years,
- The Courts mos, days
will not or nights, it
recognize shall be
the force of understood
a custom in that years
opposition to are of 365
positive law. days each;
months of
FC 12 - A custom 30 days;
must be proved as a days of 24
fact, according to hours; and
the rules of nights from
evidence sunset to
- Non- sunrise
existence of - If mos are
customs - designated
when the by their
alleged name, they
custom is shall be
not known to computed
those who by the
are number of
expected to days which
know it, then they
their respectively
ignorance is have
proof that - Modified by
the custom the E.O. 292
does not (Revised
exist. Administrati
ve Code)
- General
Rule:
exclude first,
include last
- Do not
assume that
all months
are
composed
of
 30 days, province has
count the jurisdiction to try
actual days the case
in each
month Q: Can 2 foreigners
refer to our court to
On the Principle of settle a justiciable
Territoriality - NCC controversy between
14 the 2 of them,
- Where the knowing it has no
crime connection to this
happened is country?
important - YES, if PH
- All elements court can
of a crime take
must be cognizance
committed in of the case
Philippine - Our court is
territory for not ousted
the Court to from power
take to hear a
cognizance case
- Exceptions:
diplomatic On the Principle of
immunity, Nationality - NCC 15
treaty - Citizenship
stipulation, is material
airplanes - (Civil) laws
and vessels of the
registered country will
under the follow you
Philippines wherever
- A merchant you are
vessel is - Inclusive of:
triable in PH family rights,
courts status,
- In transitory legality,
or duties,
continuing conditions,
offenses in legal
which some capacity
acts material
and Tenchavez v. Escaño
essential to - Pastor Tenchavez and Vicenta Escaño got
the crime married. Vicenta went to the U.S. and filed for
and divorce in a court in Nevada on August 22,
requisite to 1950 which was approved on October 21,
its 1950. On Sept. 13, 1954 Vicenta married
communicati Russel Leo Moren, an American. She
on occur in acquired American citizenship on August 8,
one 1958.
province - SC ruled that the divorce of Vincenta was not
and some in valid because of Art. 15 of the Civil Code and
another, the that her marriage with Moren was not valid as
court of well and amounted to an adulterous
either relationship, which is ground for legal
separation.
 n
Del Socorro v. Van Wilsen
- Socorro and Van Wilseno contracted marriage
in Holland. Socorro filedf a complaint with the
Provincial Prosecutor of Cebu City. If the case
concerns family rights and p duties, foreign law
r
prevails. If foreign law is not properly pleaded
o
and proved, our courts will presume that the
p
foreign law is the same as our local or
e
domestic internal law. r
t
On Property - NCC y
16
Real -
property as well as
personal property is
subject to the law of i
the country where it m
is situated. m
However, intestate o
and testamentary v
successions, both a
with respect to the b
order of succession l
and to the amount of e
successional rights
and to the intrinsic -
validity of Personal: movable
testamentary 2. I
provisions, shall be m
regulated by the p
national law of the o
person whose r
succession is under t
consideration, a
whatever may be n
the nature nature of c
the property and e
regardless of the
country wherein said o
property may be f
found.
o
1. D r
i d
f e
f r
e
r o
e f
n
t s
i u
a c
t c
i e
o s
s - Reg
i ardl
o ess
n of
the
i locat
n ion
of
c the
a prop
s erty
e
General Law and
o Special Law
f - Invoke
special law
i first, then
n general law
t
e Q: Can two
s foreigners seek the
t country’s court
a knowing it has no
c connection to the
y PH?
- YES, but it
- Exte is a question
nt of of the
the cognizance
amo of courts to
unt assume
of jurisdiction
prop
erty Administrati
that on of an estate,
the whether principal or
heir ancillary, extends
will only to the assets of
inhe a decedent found
rit within the country
- Distr where it was
ibuti granted. Hence, an
on administrator
of appointed in one
the country has no
prop power over property
erty in another country.
dep
end
s on Raytheon v. Rouzie
the - Application of NCC 17
nati - Forum non conveniens
onali - The subject matter by law can be settled by
ty of the court
the - The court can preclude from presiding over the
dec case if it is an inconvenience
eas
ed
On Territoriality special laws, their
Principle - NCC 17 deficiency shall be
The forms supplied by the
and solemnities of provisions of this
contracts, will, and Code.
other public - Where there
instruments shall be is no
governed by the deficiency in
laws of the country the special
in which they are law,
executed. however,
When the the
acts referred to are provisions of
executed before the the Civil
diplomatic or Code cannot
consular officials of be applied.
the Republic of the - A special
Philippines in a law shall
foreign country, the prevail over
solemnities a general
established by law.
Philippine laws shall - Exceptions:
be observed in their - In cases
execution. expressly
Prohibitive provided by
laws concerning the Code
persons, their acts itself where
or property, and the special
those which have for law is made
their object public only
order, public policy suppletory,
and good customs while the
shall not be Civil Code is
rendered ineffective made
by laws or primary law
judgments
promulgated, or by Tamano v. Ortiz
determinations or - The Court denied her petition to review because
conventions agreed it is said in the complaint that they were
upon in a foreign married in accordance to the Civil Code, it
country. was not mentioned that they were married in
- Performance Muslim law. What determines the nature of
and
the action and correspondingly the court
enforcement
which has jurisdiction over it are the
– remedies
allegations made by the plaintiff. It also
depend
upon the law notable that Shari’a courts do not have
of the place original and exclusive jurisdiction in marriages
where the celebrated in both Civil law and Muslim law.
action is Thus, the petition was denied.
brought

On Special Laws -
NCC 18
In matters
which are governed
by the Code of
Commerce and
 Llave v. Republic right with
the
- Upon marrying Sen. Tamano under Islamic law sole
intent of Estrellita
and civil rites in 1993, petitioner
represented herself as his wife, prejudicing
and upon his
another
death, his widow. This was contested by
person
private respondent, Zorayda Tamano, on the
grounds of her and Sen. Tamano marrying in
There is
1958, making it fall under the Civil Code,
undoubtedly an
which does not allow divorce nor bigamy.
abuse of right when
Zorayda filed a complaint
it is exercisedto the RTC of
for the
Quezon City to declareonly purpose of Sen.
Estrellita and
Tamano’s marriageprejudicing
as null or
and SC ruled in favor of Zorayda.another.
injuring
When the objective
Villagracia v. Sharia of the actor is
- Roland Mala purchased illegitimate, the illicit
land occupied by
Vivencio Villagracia.act cannot the
Mala petitioned beFifth
Shari’a District Courtconcealed under the to
to order Villagracia
vacate the property, with Mala using thea
guise of exercising
right.
following as basis: Mala being a Filipino
Muslim, Mala as the registered owner, and
The
Villagracia’s occupation impairing Mala’s
el
rights to the land. The Fifth Shari’a District
e
Court ruled in favor of Mala, but Villagracia
m
argued against the decision
en and the Fifth
Shari’a District Court’s
ts jurisdiction, due to
Villagracia being a Christian.
of Villagracia filed
the petition for certiorari,
an and the court ruled in
Villagracia’s favor, invalidating
ab the previous
procedings. The Fifth usShari’a District Court’s
application of the Civil
e Code did not validate
the proceedings, especially
of in accordance with
Muslim Law, because rig Villagracia is not
Muslim. ht
s
On the General 1.
Guideline of Human Th
Relationships - NCC er
19 e
- Act with is
justice, give a
everyone his le
due, and ga
observe l
honesty and rig
good faith ht
or
Q: Can a perfectly du
legal act be a source ty.
of civil liability? 2. Which is
- YES, if one exercised in
exercises it bad faith
in bad faith; 3. For the sole
abuse of intent of
exercising a prejudicing
 or injuring - NO. A did it
another. on her own
volition. B
On Negative had no way
Conduct in Human of knowing
Relations - NCC 20- his
21 abandonme
nt would
NCC 20 lead to her
suicide.
Act is illegal Q: A and B got
married; the
expenses for the
Willfully done OR done out wedding and
of negligence honeymoon then B
suddenly leaves her,
Intent is immaterial
can A file a case
against B?
- YES, A can
Q: A & B are in a claim
relationship; damages
engaged in sexual because of
relations time and the
time again; B expenses
promises to marry A incurred
but sometime, B
leaves A without any Q: B promised A to
notice. Can A sue B marry her; after the
because of a broken wedding, it was
promise? revealed that B only
wanted to conquer
- NO, because A’s virginity. Can A
they are two sue?
consenting - YES, the
adults who promise to
did the act marry to
willfully and conquer
repeatedly; someone’s
breach of virginity is
promise is moral
not a ground seduction
for suing a
person Baksh v. CA
- Application of NCC 21
Q: A & B are in a
- Involves moral seduction (deceit, fraud);
relationship;
engaged in sexual necessarily willful
relations time and - Promise of marriage to claim a
time again. B 0 A, woman’s virginity
subsequently A finds
out B is now in a
Tanjanco v. CA (Exception)
relationship with C.
- No seduction involved because it is a
Aggrieved, A kills
case of 2 consenting adults
herself. Can A’s
- Cannot be considered immoral
parents sue B for
what happened to
her?
Q: Man is a person, NCC 43 - Can only
a person is a man. be applied if 2 or
True? False? more persons are
Absolutely true? called to succeed
Absolutely false? each other
- ABSOLUTE - Applies when
LY FALSE. there is no proof
A man is - BUT: When
always a facts are known
person, but a and evidence is
person is not available, Rules
always a of Court apply
man.
On the Concept of a
PERSONS AND “Person” and
PERSONALITY “Personality”

On Death - FC 37, NCC 37 - Juridical

FC 42-43 capacity, which is
Intestate - dies the fitness to be the
without a last will subject of legal
and testament relations, is inherent
Testate - dies with a in every natural
last will and person and is lost
testament only through death.
Capacity to act,
Debts are not which is the power
defaulted in death to do acts with legal
- Creditors must effect, is acquired
be paid from the and may be lost.
deceased’s
estate NCC 38 - Minority,
insanity or
Even if the individual imbecility, the state
has lost juridical of being a deaf-
capacity and mute, prodigality
capacity to act and civil interdiction
- Can still be a are mere restrictions
source of on capacity to act,
justiciable and do not exempt
controversy the incapacitated
- Individual can person from certain
no longer be obligations, as when
sued the latter arise from
- But his estate his acts or from
can be sued--for property relations,
money claims such as easements.

If an individual dies NCC 39 - The

in the pendency of following
his case, the case circumstances,
will not be dismissed among others,
- Case and modify or limit
liabilities turned capacity to act: age,
over to the heirs insanity, imbecility,
the state of being a
deaf-mute, penalty,
prodigality, family
relations, alienage, manifestation of
absence, insolvency the capacity. It is a
and trusteeship. The consequence of
consequences of juridical capacity
these circumstances and human nature.
are governed in this
Code, other codes, Classes of persons
the Rules of Court, a. Natural
and in special laws. persons -
Capacity to act is human
not limited on beings or
account of religious men, exist in
belief or political nature,
opinion. perceptible
to the
Person - any being, senses, and
physical or moral, products of
real or juridical and procreation
legal, susceptible of b. Juridical
rights and persons -
obligations or of entities
being the subject of forced by
legal relations association
of men as
Personality - quality artificial,
derived from being a fictitious,
person abstract or
moral
Characteristics of persons,
Personality: who have no
- Not a being, physical
but a quality existence,
of certain but only
beings exist in
- Not a contemplatio
physical n of law and
element, but products of
a juridical legal fiction
concept (i.e.
- Not an corporations
object of ,
contract, or associations
of ,
possession, estates)
and cannot
be impaired Juridical Capacity
by (NCC 37)
agreement - Fitness to
- Matter of be a subject
public of legal
interest action
- Passive
Personality - Can exist
is a product of even if one
capacity in law, a does not
necessary derivation have the
from its existence, capacity to
and the external act
 - Begins at Circumstances
the moment (among others)
of birth which modify or limit
- A child can the capacity to act:
be given - Age
juridical - Insanity
personality - Imbecility
even if still - The state of
inside the being a
womb, if deaf-mute
conditions - Alienage -
are
favorable Absence
to the child - Insolvency
- “Refers to - Trusteeship
the aptitude
for the Circumstanc
holding and es governed by
enjoyment NCC, other codes,
of rights” RoC, and special
laws.
N.B. Juridical
capacity can exist Capacity to
even without act not limited on
capacity to act; the account of religious
existence of the belief or political
latter implies that of opinion.
the former. Full civil
capacity is the Married
existence of both woman, 21yrs old or
capacity to act and over, is qualified for
juridical capacity. all acts of civil life
(except in cases
Capacity and specified by law)
incapacity depends
on the law, therefore
it cannot be
modified by Juridical Capacity Capacity to Act
agreements. It is a
matter of public Fitness of a person to be Power to do acts with
interest. the subject of legal legal effect
relations
Capacity to Act
- Power to do Passive Active
acts with
Aptitude for the holding Aptitude for the exercise
legal effects
- Active and enjoyment of rights of rights
- Begins at Inherent in natural Must be acquired
emancipatio
persons
n
- At the age of Lost upon death Lost through death and
18, one can other causes
do acts with
legal effects Can exist without capacity Must exist with juridical
- “Aptitude for to act capacity
the exercise
of rights”
 Cannot be limited or Less than 7 months If alive after completion of
restricted 24 hours from delivery

COMMENCEMENT Period of
AND conception: the
first 120 days of the
TERMINATION 300 days preceding
OF the birth of the child.
PERSONALITY
Personality of
Natural Persons - Conceived Child
Birth (NCC 40-41) a. Limited:
NCC 40 - Birth only for
determines purposes
personality*; but the favorable to
conceived child shall it
be considered born b. Conditional
for all purposes that : it depends
are favorable to it, upon the
provided, it be born child being
later with the born alive
conditions specified later
in the following
article. A conceived child
can acquire rights
*Superseded by Art. while still in the
5 of PD No. 603 mother’s womb. It
(The Child and can inherit by will or
Youth Welfare by intestacy.
Code)
PD 603, Art. 5 - “The
NCC 41 - For civil civil personality of
purposes, the fetus the child shall
is considered born if commence from the
it is alive at the time time of his
it is completely conception, for all
delivered from the purposes favorable
mother’s womb. to him, subject to
However, if the fetus the requirements of
had an intra-uterine Article 41 of the Civil
life of less than Code.”
seven months, it is
not deemed born if it CONST. art. II sec.
dies within twenty- 12 - “The State
four hours after is recognizes the
complete delivery sanctity of family life
from the maternal and shall protect
womb. and strengthen the
family as a basic
autonomous social
Intra-Uterine Life institution. It shall
equally protect the
7 months or more life of the mother
and the life of the
unborn from
conception. The
natural and primary
right and duty of dispensing
parents in the of abortives.
rearing of the youth
for civic efficiency
Geluz v. CA
and the
development of - Application of
moral character NCC 40-42
shall receive the - Fetus died by
support of abortion
government.” - No action or
action for
FC 164(2) - Children injury if the
conceived as a fetus dies in
result of artificial the womb
insemination of the - Supposedly:
wife with the sperm transmission
of the husband or of right from
that of a donor or child to
both are likewise parent
legitimate children of
the husband and his
wife, provided that Quimiging v. CA
both of them - Application of
authorized or ratified NCC 40
such insemination in - Case was
a written instrument filed even if
executed and child was
signed by them unborn
before the birth of
the child. The
instrument shall be Continental Steel v. Montano
recorded in the civil - Why wouldn’t NCC 40-41 apply to the case?
registry together
- There is an employer and the person wants to get
with the birth bereavement benefits
certificate of the - Not concerned about the rights of the unborn
child.
child, but the employee’s
FC 180 - The effects
of legitimation shall Death
retroact to the time NCC 42 - Civil
of the child’s birth. personality is
extinguished by
RPC Arts. 256-259 death.
- Intentional The effect of
abortion death upon the
- Unintentiona rights and
l abortion obligations of the
- Abortion deceased is
practiced by determined by law,
the woman by contract, or by
herself or by will.
her parents
- Abortion Implications of death
practiced by - Upon a
a phyisician person’s
or midwife death, the
and subject of
legal
 relations - Can still be
disappears. a source of
Some of his justiciable
rights and controversy
obligations - Individual
are can no
completely longer be
extinguished sued
, while - But his
others are estate can
transmitted be sued--for
to his money
successors, claims
depending
on the law, If an individual dies
contract, or in the pendency of
will involved. his case, the case
- For certain will not be dismissed
purposes, - Case and
after the liabilities
death of a turned over
person, his to the heirs
personality
is deemed NCC 43 - If there is
to continue a doubt, as between
in his estate. two or more persons
The estate who are called to
of a succeed each other,
deceased as to which of them
person is died first, whoever
also alleges the death of
considered one prior to the
having legal other, shall prove
personality the same; in the
independent absence of proof, it
of the heirs. is presumed that
they died at the
Intestate - dies same time and there
without a last will shall be no
and testament transmission of
Testate - dies with a rights from one to
last will and the other.
testament - provides a
statutory
Debts are not presumption
defaulted in death when there
- Creditors is doubt on
must be the order of
paid from death
the between
deceased’s persons who
estate are called to
succeed
Even if the individual each other
has lost juridical (only).
capacity and
capacity to act
ROC Rule 131, Sec. fifte
3(jj) en
Disputable yea
presumptions - the rs,
following the
presumptions are olde
satisfactory if r is
uncontradicted, but dee
may be contradicted me
and overcome by d to
other evidence hav
a. That except e
for purposes surv
of ived
succession, ;
when two ii. If
persons bot
perish in the h
same wer
calamity, e
such as abo
wreck, ve
battle, or the
conflagratio age
n, and it is of
not shown sixt
who died y,
first, and the
there are no you
particular nge
circumstanc r is
es from dee
which it can me
be inferred, d to
the hav
survivorship e
is surv
determined ived
from the ;
probabilities iii. If
resulting one
from the is
strength and und
age of the er
sexes, fifte
according to en
the following and
rules: the
i. If oth
bot er
h abo
wer ve
e sixt
und y,
er the
the for
age mer
of is
 dee sixt
me y,
d to and
hav the
e oth
surv er
ived bet
; wee
iv. If n
bot thos
h e
be age
ove s,
r the
fifte latte
en r is
and dee
und me
er d to
sixt hav
y, e
and surv
the ived
sex .
be b. That if there
diffe is a doubt,
rent as between
, two or more
the persons who
mal are called to
e is succeed
dee each other,
me as to which
d to of them died
hav first,
e whoever
surv alleges the
ived death of one
; if prior to the
the other, shall
sex prove the
be same; in the
the absence of
sam proof, they
e, shall be
the considered
olde to have died
r; at the same
v. If time.
one
be
und Persons involved Who will survive
er
fifte Both under 15 Older
en
or Both over 60 Younger
ove
One under 15, the other One under 15
r
 soon as they
above 60 have been
constituted
Both over 15 and under according to
60; different sexes law;
3. Corporation
Both over 15 and under s,
60; same sex partnerships
, and
One under 15 or over 60,
associations
the other between those
for private
ages
interest or
purpose to
Joaquin v. Navarro which the
- Application of NCC 43 and ROC Rule 131,asec. 3
law grants
(jj) juridical
- Son (Joaquin Jr.) more likely personality,
to die than mother
separate
(Angela) based on rational deduction from proven
facts and distinct
from that
- Mother most likely to stay in building, of “perils
where
each
of death… were not so imminent,” compared to
shareholder,
Joaquin Jr. who died trying to leave the building
partner or
member.

On Juridical Persons What governs and

- NCC 44-47 regulates juridical
Concept of persons (NCC 45)
Juridical Persons is - Laws
that an abstract creating or
being is formed for recognition
the realization of a them (for
collective purpose Nos. 1 and
that the law granted 2)
with capacity for - Laws of
rights and general
obligations. It application
requires recognition on the
of the State and is subject
independent of the (private
members. corporations
)
Juridical Persons - Civil
(NCC 44)
1. State and its Code
political
subdivisions provisions
2. Other on
corporations
, institutions partnerships
and entities (partnerships and
for public associations for
interest or private interest
purpose, or purpose)
created by
law; their Capacity of Juridical
personality Persons
begins as
 - May acquire of law or the
and possess charter
property of creating
all kinds them.
- Incur - If nothing is
obligations specified,
- Bring civil or such
criminal property and
actions assets shall
- all in be applied
conformity to similar
with the purposes for
laws and the “benefit
regulations of the
of their region,
organization province,
- Juridical city, or
persons municipality”
cannot which
exercise derived
rights which benefits
presuppose from the
physical institution
existence during its
(i.e. family existence.
rights,
making of Batas Pambansa 68
wills) (Corp. Code)
- Possesses Sec. 2 - A
nationality, corporation is an
domicile, artificial being
right to created by
reputation, operation of law,
capacity for having the right of
relations, succession and the
capacity in powers, attributes,
law and properties
ownership, expressly authorized
contracts, by law or incident to
wills, and its existence.
obligations.
Sec. 4 -
Dissolution of Corporations
Juridical Persons created by special
(NCC 47) laws or charters
- [For shall be governed
corporations primarily by the
, institutions, provisions of the
and other special law or
entities for charter creating
public them or applicable
interest] to them,
Property supplemented by
and other the provisions of this
assets shall Code, insofar as
be disposed they are applicable.
of in
pursuance
NCC 1767 - By lay claim? Does B
contract of owe A, too?
partnership two or - No. The
more persons bind corporation
themselves to has its own
contribute money, juridical
property, or personality,
industry to a and A is a
common fund, with “separate”
the intention of stockholder.
dividing the profits
among themselves. Restrictions on civil
Two or more capacity
persons may also
form a partnership Presumption on civil
for the exercise of a capacity (see NCC
profession. 37)

NCC 1768 - The Catalan v. Basa

partnership has a - Why did the SC rule as they did,
juridical despite Catalan’s diagnosis of
personality schizophrenia?
separate and - Concept of “lucid intervals”: There
distinct from that was no proof of incapacity at the time
of each of the of the contract-signing and the
partners, even in marriage
case of failure to
comply with the Restrictions on
requirements of Capacity to Act (Art.
Article 1772. 38)*
- Minority -
Q: Is a city Insanity
considered as a - Imbecility
juridical personality? - State of being a
- Yes. Refer to deaf-mute
City Charters - Prodigality
for suability
- Civil interdiction
and capacity
- Do not exempt
to sue.
the
- Follow-up Q: incapacitated
Can person from
barangays certain
sue? obligations, as
- NO. when the latter
Barangays arise from his:
are merely
- Acts
components
- From property
of cities. It
relations (i.e.
follows that
easements)
the city will
sue for the
barangay.
Q: Can capacity to
Q: If A is a
act be terminated
stockholder of a
before death? NO.
corporation and B is
Capacity to act is
in debt to the
terminated only by
corporation, can A
death, but it can be n shall be
limited or modified irrevocable.
while a person is
alive. FC 236 -
Emancipate
Q: Can minors enter terminates parental
into contracts? authority over child
Generally, NO. and his/her property;
Except when out of renders child
necessity (i.e. buying qualified and
food) responsible for all
acts of civil life.
Minority
Article 1327 - The FC 221 - Parents
following cannot and persons with
give consent to a parental authority
contract: are liable for injuries
a. Unemancipa and damages
ted minors caused by their
b. Insane or unemancipated
demented children (living with
persons, them under their
and deaf- authority).
mutes
who do not FC 225 - Legal
know how to guardianship of
write parents over
unemancipated
RA 6809 - Lowered child’s property.
the age of majority
from 21 to 18. AM No. 03-02-05-
SC Rules on
FC 234 - Guardianship
Emancipation takes
place: CONST, art. V, sec.
a. By the 1 - Suffrage may be
marriage of exercised by all
the minor; or citizens of the
b. By the Philippines not
recording in otherwise
the Civil disqualified by law,
Registrar of who are at least
an eighteen years of
agreement age, and who shall
in a public have resided in the
instrument Philippines for at
executed by least one year, and
the parent in the place wherein
exercising they propose to
parental vote, for at least six
authority months immediately
and the preceding the
minor at election. No literacy,
least 18 property, or other
years of substantive
age. Such requirement shall be
emancipatio imposed on the
exercise of suffrage.
 Effects on Contracts
On Marriage (with NCC 1327 -
regard to minors) Unemancipated
FC 5 - Any male or minors, along with
female of the age of insane/demented
eighteen years or persons and deaf-
upwards not under mutes who cannot
any of the write, cannot give
impediments consent to
mentioned in contracts.
Articles 37 and 38,
may contract NCC 1390(1) - A
marriage. contract where one
party cannot give
FC 14 - consent is voidable
Requirement of or annullable.
parental consent for
those who marry NCC 1403(3) - If
between the ages of both parties in a
eighteen and twenty contract cannot give
one. consent, then it is
unenforceable
FC 45(1) Lack of (unless ratified).
parental consent
can be grounds for NCC 1397 - The
annulment of action for the
marriage, unless annulment of
ratified through contracts may be
cohabitation when instituted by all who
party reaches 21. are hereby obliged
principally or
FC 35(1) Marriages subsidiarily.
contracted by any However, persons
party below the age who are capable
of 18 (even with cannot allege the
consent) is null and incapacity of those
void ab initio. with whom they
contracted, nor can
FC 79 - For the those who exerted
validity of any intimidation,
marriage settlement violence, or undue
executed by a influence, or
person upon whom employed fraud, or
a sentence of civil caused mistake
interdiction has base their action
been pronounced or upon these flaws of
who is subject to the contract.
any other disability,
it shall be NCC 1399 -
indispensable for Incapacitated
the guardian person in a contract
appointed by a is not liable for
competent court to restitution, except
be made a party inasmuch as he
thereto. benefited from the
thing or price he
received.
NCC 1489 - Any consent of
persons who are the parent or
authorized in this guardian,
Code to obligate voluntarily
themselves, may pays a sum
enter into a contract of money or
of sale, saving the delivers a
modifications fungible
contained in the thing in
following articles: fulfillment of
- NCC 1426: the
When a obligation,
minor there shall
between be no right
eighteen to recover
and twenty- the same
one years of from the
age, who obligee who
has entered has spent or
into a consumed it
contract in good
without the faith.
consent of
the parent or Summary of Effects
guardian, on Contracts of
after the Minority
annulment 1. They cannot
of the give consent
contract to a contract
voluntarily [Art. 1327
returns the (1), CC]
whole thing 2. A contract
or price where one
received, of the
notwithstand parties is a
ing the fact minor is
that he has voidable
not been [Art.
benefited 1390(1),
thereby, CC]
there is no 3. A contract is
right to unenforceab
demand the le when both
thing or of the
price thus parties are
returned. minors
- NCC 1427: (incapable
When a of giving
minor consent)
between [Art.
eighteen 1403(3),
and twenty- CC]
one years of 4. Minority
age, who cannot be
has entered asserted by
into a the other
contract party in an
without the action for
 annulment active
[Art. 1397, misrepresent
CC] ation as to his
5. Not obliged minority and
to make such minority
restitution is known to
except the other
insofar as party, the
he has been contract may
benefited be annulled
[Art. 1399, by the minor
CC] upon
6. Minor has attaining the
no right to age of
demand the majority.
thing/price
voluntarily
returned by Braganza v.
him [Art. Villa-Abrielle
1426, CC] - During
7. Minor has Japanese
no right to occupation,
recover mother and
voluntarily son obtained
paid sum or a loan of
delivered 70,000 in war
thing, if notes to pay
consumed in for basic
good faith necessities.
[Art. 1427, In 1949,
CC] creditor
8. Must pay demanded
reasonable payment.
amount for - The Court
necessaries ruled that
delivered to while the
him [Art. minors
1489, CC] cannot be
made liable
Mercado v. as
Espiritu signatories,
- Estoppel works they must still
against make
minors who restitution to
misrepresent the extent
their ages in that they may
a contract have profited
and are from the
compelled to money
comply with received (as
its terms. per NCC
1340).

Bambalan v. Effect on Criminal

Maramba Liability
- When a minor RPC 12(2)-(3) - A
made no person under nine
years of age, and a only
person over nine mentally
years and under deficient
fifteen (unless he (idiocy,
acted with imbecility,
discernment) shall feeble-
be exempt from mindednes
criminal liability. s).
- Prevailing
RPC 13(2) - A presumptio
person under n: Every
eighteen, or over person is of
seventy years. sound
PD 603 Secs. 189- mind, in the
204 The Child and absence of
Youth Welfare proof to the
Code contrary.
[par.
1, Art. 800,
Atizado v. CC]
People
- The trial court Marriage
wrongly FC 45(2) - Insanity
imposed the at the time of
penalty of marriage is a ground
reclusion for annulment.
perpetua on
Monreal, who Effects on Contracts
was a minor NCC 1327 (1) -
at the time of Insane or demented
the persons cannot
commission consent to a
of the crime. contract.
- Due to
Monreal's NCC 1328 -
shortened Contracts entered
sentence into during a lucid
(due to his interval are valid.
minority), he Contracts agreed to
was ordered in a state of
release as he drunkenness or
had already during a hypnotic
served the full spell are voidable.
length of his
sentence. Summary on Effects
on Contracts:
Insanity 1. Incapacity to
- Includes give consent
many forms to a contract
of mental [Art.
disease, 1327(2),
either CC]
inherited or 2. Contracts
acquired. A entered into
person may during lucid
not be intervals are
insane but valid [Art.
1328, CC].
 Burden of pains prior to
proof lies the killing.
with party - The Court
asserting ruled that it
the contract was not a
was entered valid defense;
into by the acting crazy
insane does not
during a conclusively
lucid prove the
interval. insanity if the
3. Restitution individual
of benefits during the
[Art. 1399, commission
CC] of the crime.
4. Voidable if
one of the
parties is People v.
insane [Art. Rafanan
1390, CC]
- Rafanan
5. Unenforcea raped their
ble if both of househelper,
the parties Estelita. His
are insane defense is
[Art. 1403 that he is
(3), CC] schizophrenic
.
Criminal liability - The Court did
RPC 12 (1). An not accept
imbecile or an the defense.
insane person What is
(unless act was required is
done during lucid "complete
interval) ie exempt loss of
from criminal intelligence."
liability. The fact that
Vaquilar
Rule 101, ROC - threatened
Proceedings for Estellita
Hospitalization of indicates that
Insane Persons he was aware
of the nature
US v. Vaquilar and
consequence
- Vaquilar
s of his act.
KILLED his
wife and
daughter, and
claimed to Standard Oil v.
have been Arenas
insane when - Villanueva,
he committed suffering from
the crime. monomonia,
- He signed an
complained of instrument of
"head and bond as
stomach" payment for
his and
 corespondent able to read and
s write, may be a
responsibility witness to the
to Standard execution of a will
Oil. Since he mentioned in article
didn't actually 805 of this Code.
have that
much money, Effects:
the bond 1. Cannot give
didn't work, consent to a
and he was contract if
sued. His wife he/she also
claimed the does not
defense that know how to
he suffered write [Art.
from 1327(2),
monomania. CC]
- The Court 2. Can make a
disagreed; a valid WILL,
person’s provided: he
believing must
himself to be personally
what he is not read the will.
is not The
necessarily a contents of
proof of the same
incapacity to have either
bind himself been read
in a contract. personally
by him or
otherwise
Deaf-Mutism communicat
NCC 1327 (2) - If ed to him by
the deaf-mute 2 persons
cannot write, then [Art. 807,
he cannot give CC]
consent to a 3. Cannot be a
contract. witness to
the
NCC 807 - If the execution of
testator be deaf, or a will [Art.
a deaf-mute, he 807, CC]
must personally 4. Voidable if
read the will, if able one of the
to do so; otherwise, parties is a
he shall designate deaf-mute
two persons to read who does
it and communicate not know
to him, in some how to write
practicable manner, [Art. 1390,
the contents thereof CC]
5. Unenforcea
NCC 820 - Any ble if both of
person of sound the parties
mind and of the age are
of eighteen years or deafmutes
more, and not blind, and do not
deaf or dumb, and know how to
 write [Art. RPC 41 - Crimes
1403(3), punished by
CC] reclusion perpetua
or reclusion
Prodigality temporal carry with
ROC Rule 92, Sec. them civil
2 - Lists "prodigals" interdiction for life,
under those or during the
considered sentence as the
"incompetent" case may be.

Prodigality Family Relations

may be inferred but FC 150 - Include:
must show a morbid - Between
state of mind and a husband
disposition to spend, and wife
waste, and lessen - Between
the estate to such parents and
an extent as is likely children
to expose the family - Among
to want of support, brothers and
or to deprive the sisters,
forced heirs of their whether of
undisposable part of the full or
the estate. half-blood
[Martinez v.
Martinez, G.R. No. FC 151 - No suit
445 (1902)] against family
members can
Civil interdiction prosper unless
RPC 34 - Civil "earnest efforts
interdiction shall toward a
deprive the offender compromise have
during the time of been
his sentence of the made," but that such
rights of: efforts failed
- Parental
authority or FC 87 - Donations
guardianshi between married
p (either to persons are null and
person or void (except
property in moderate gifts on
his ward) family rejoicing)
- Marital
authority FC 37 - Marriages
- Managing between the
his property following are
and of the incestuous:
right to a. Between
dispose of ascendants
such and
property by descendants
any act or of any
any degree; and
conveyance b. Between
inter vivos brothers and
sisters,
whether of
 the full or among
half blood persons who
are not
FC 38 - Marriages ascendants
void due to public and
policy (see part descendants
concerning , but who
declaration of nullity) come from a
common
NCC 2035 - No ancestor.
compromise upon
the following NCC 966 - In the
questions shall be line, as many
valid: degrees are counted
A. The civil as there are
status of generations or
persons; persons, excluding
B. The validity the progenitor.
of a A. Direct line:
marriage or Ascent is
a legal made to the
separation; common
C. Any ground ancestor
for legal (i.e. child is
separation; one degree
D. Future removed
support; from parent)
E. The B. Collateral
jurisdiction line: Ascent
of courts; is made to
F. Future the common
legitime. ancestor
and then
NCC 963 - Proximity descent is
of relationship is made to the
determined by the person with
number of whom the
generations. Each computation
generation forms a is made (i.e.
degree. a person
is two degrees
NCC 964 - Series of removed from his
degrees form a line; brother)
could be either
collateral or direct. NCC 967
A. Direct line: - Full
constituted bloo
by the series d
of degrees relat
among ions
ascendants hip:
and sam
descendants e
B. Collateral mot
line: her
constituted and
by the series fath
of degrees er
 - Half - Alie
bloo n
d corp
relat orati
ions ons
hip: can
only not
one oper
pare ate
nt is for
the mor
sam e
e. than
50
Alienage year
- CO s
NST
. art.
XII Dual Citizenship Dual Allegiance
sec.
Arises when, as a result of Refers to the situation in
11:
the concurrent application which a person
- Alie
of the different laws of two simultaneously owes, by
ns
can or more states, a person some positive act, loyalty
not is simultaneously to two more states
oper considered a national by
ate said states
publi
c Involuntary Result of individual’s
utiliti volition
es
- At
least Cordora v.
sixty COMELEC
per - Cordora questioned Tambunting's qualifications
cent
(particularly citizenship and residency and to run
um
of for public office)
the - Court ruled that Cordora FAILED to prove that
corp Tambunting was not a natural-born citizen.
orati
on's
capit Reyes v.
al COMELEC
mus - Regina
t be Reyes'
Filipi qualifications
no to become a
own Congressman
ed was
for it questioned
to (particularly
run her
publi citizenship)
c - The Court
utiliti ruled that Tan
es (respondent)
successfully
 proved that agent to administer
Reyes did not his property, the
revoke her judge, at the
American instance of an
citizenship interested party, a
(since she relative, or a friend,
still used her may appoint a
American person to represent
passport), him in all that may
and that she be necessary. This
was not same rule shall be
eligible. observed when
under similar
circumstances the
David v. Agbay power conferred by
- Herein the absentee has
petitioner was expired.
accused of
falsely NCC 382 - The
misrepresenti appointment
ng himself as referred to in the
a Filipino preceding article
citizen in his having been made,
Miscellaneou the judge shall take
s Lease the necessary
Application measures to
(MLA) prior to safeguard the rights
his and interests of the
reacquisition absentee and shall
of Filipino specify the powers,
citizenship obligations, and
under RA remuneration of his
9225. representative,
- The Court regulating them,
ruled that according to the
David was circumstances, by
guilty for the rules concerning
misrepresent guardians.
ation; since
he only NCC 383 - In the
reacquired appointment of a
(but not did representative, the
retain) his spouse present shall
Filipino be preferred when
citizenship there is no legal
under RA separation. If the
9225 AFTER absentee left no
filling out the spouse, or if the
MLA. spouse present is a
minor, any
competent person
Absence may be appointee
NCC 381 - When a by the court.
person disappears
from his domicile, NCC 384 - Two
his whereabouts years having
being unknown, and elapsed without any
without leaving an news about the
absentee or since NCC 388 - The wife
the receipt of the who is appointed as
last news, and five an administratrix of
years in case the the husband's
absentee has left a property cannot
person in charge of alienate or
the administration of encumber the
his property, his husband's property,
absence may be or that of the
declared. conjugal
partnership, without
NCC 385 - Who may judicial authority.
ask for the
declaration of NCC 389 - The
absence: administration shall
A. The spouse cease in any of the
present; following cases:
B. The heirs (1) When the
instituted in absentee
a will (must appears
present personally
authentic or by means
copy of this) of an agent;
C. The (2) When the
relatives death of the
who may absentee is
succeed proved and
through his testate
intestacy or intestate
D. Those who heirs
may have appear;
some right (3) When a third
(subordinate person
d to the appears,
condition of showing by
his death) a proper
over the document
property of that he has
the acquired the
absentee absentee's
property by
NCC 386 - The purchase or
judicial declaration other title.
of absence shall not In these
take effect until six cases the
months after its after administrator shall
its publication in a cease in the
newspaper of performance of his
general circulation. office, and the
property shall be at
NCC 387 - An the disposal of those
administrator of the who may have a
absentee's property right thereto.
shall be appointed in
accordance with NCC 390 - After an
Article 383. absence of seven
years, it being
unknown whether or
not the absentee still death under
lives, he shall be other
presumed dead for circumstanc
all purposes, except es and his
for those of existence
succession. The has not
absentee shall not been known
be presumed dead for four
for the purpose of years.
opening his
succession till after NCC 392 - If the
an absence of ten absentee appears,
years. If he or without appearing
disappeared after his existence is
the age of seventy- proved, he shall
five years, an recover his property
absence of five in the condition in
years shall be which it may be
sufficient in order found, and the price
that his succession of any property that
may be opened. may have been
alienated or the
NCC 391 - The property acquired
following shall be therewith; but he
presumed dead for cannot claim either
all purposes, fruits or rents.
including the division
of the estate among NCC 393 - Whoever
the heirs: claims a right
(1) A person on pertaining to a
board a person whose
vessel lost existence is not
during a sea recognized must
voyage, or prove that he was
an living at the time his
aeroplane existence was
which is necessary in order
missing, to acquire said right.
who has not NCC 394 - Without
been heard prejudice to the
of for four provision of the
years since preceding article,
the loss of upon the opening of
the vessel or a succession to
aeroplane; which an absentee
(2) A person in is called, his share
the armed shall accrue to his
forces who co-heirs, unless he
has taken has heirs, assigns,
part in war, or a representative.
and has They shall all, as the
been case may be, make
missing for an inventory of the
four years; property.
(3) A person
who has NCC 395 - The
been in provisions of the
danger of preceding article are
understood to be In case of
without prejudice to disappearance
the action of petition where there is
for inheritance or danger of death
other rights which under the
are vested in the circumstances set
absentee, his forth in the
representatives or provisions of Article
successors in 391 of the Civil
interest. These Code, an absence
rights shall not be of only two years
extinguished save shall be sufficient.
by lapse of time For the purpose of
fixed for contracting the
prescription. In the subsequent
record that is made marriage under the
in the Registry of the preceding
real estate which paragraph the
accrues to the spouse present
coheirs, the must institute a
circumstance of its summary
being subject to the proceeding as
provisions of this provided in this
article shall be Code for the
stated. declaration of
presumptive death
NCC 396 - Those of the absentee,
who may have without prejudice to
entered upon the the effect of
inheritance shall reappearance of the
appropriate the fruits absent spouse.
received in good
faith so long as the
Olaguer v.
absentee does not
Purugganan
appear, or while his
representatives or - Olaguer
successors in sought the
interest do not bring return of his
the proper actions. shares of
stock in
FC 41 - A marriage Businessday
contracted by any Corporation
person during from
subsistence of a respondent
previous marriage Locsin.
shall be null and Olaguer was
void, unless before imprisoned
the celebration of during the
the subsequent Martial Law
marriage, the prior period; prior
spouse had been to that, he
absent for four issued a SPA
consecutive years to Locsin re:
and the spouse his stocks.
present has a well- Locsin had
founded belief that his
the absent spouse certificates of
was already dead. stock
 cancelled, preceding
and bought number;
them himself. 3. Those
- The Court undertaken
ruled that in fraud of
Locsin’s creditors
actions were when the
valid. Olaguer latter cannot
sought to limit in any other
the definition manner
of “absence” collect the
and claims due
“incapacity” to them;
that provided 4. Those which
in NCC 381. refer to
This would things under
result into litigation if
absurd, if not they have
impossible, been
legal entered into
situations. by the
defendant
without the
On Insolvency and knowledge
Trusteeship (NCC and
1381, 1491, approval of
22362237) the litigants
Rescissible or of
Contracts [NCC competent
1381] judicial
1. Those which authority;
are entered 5. All other
into by contracts
guardians specially
whenever declared by
the wards law to be
whom they subject to
represent rescission.
suffer lesion
by more The following
than one- persons cannot
fourth of the acquire by
value of the purchase, even at a
things which public or judicial
are the auction, either in
object person or through
thereof; the mediation of
2. Those another [NCC 1491]
agreed upon 1. The
in guardian,
representati the property
on of of the
absentees, if person or
the latter persons who
suffer the may be
lesion stated under his
in the guardianshi
p;
2. Agents, the superior and
property inferior
whose courts, and
administratio other
n or sale officers and
may have employees
been connected
entrusted to with the
them, unless administratio
the consent n of justice,
of the the property
principal has and rights in
been given; litigation or
3. Executors levied upon
and an execution
administrato before the
rs, the court within
property of whose
the estate jurisdiction
under or territory
administratio they
n; exercise
4. Public their
officers and respective
employees, functions;
the property this
of the State prohibition
or of any includes the
subdivision act of
thereof, or of acquiring by
any assignment
government- and shall
owned and apply to
controlled lawyers,
corporation, with respect
or institution, to the
the property and
administratio rights which
n of which may be the
has been object of any
intrusted to litigation in
them; this which they
provision may take
shall apply part by
to judges virtue of
and their
government profession.
experts who, 6. Any others
in any specially
manner disqualified
whatsoever, by law.
take part in
the sale;
Umale v. ASB
5. Justices,
Realty
judges,
prosecuting - A corporation’s
attorneys, capacity to
clerks of act does not
 cease during mentioned in article
rehabilitation, 805 of this Code.
nor is the
rehabilitation Domicile and
receiver Residence of
granted Persons
therein the Domicile of Juridical
power to file Persons, NCC 51
complaints on - When the law
behalf of the creating or
corporation. recognizing
them, or any
other
Gender provision
CONST. art II sec. does not fix
14. The State the domicile
recognizes the role or juridical
of women in nation- persons, the
building, and shall same shall
ensure the be
fundamental understood
equality before the to be the
law of women and place where
men. their legal
representati
Rule 3, Sec. 4, 1997 on is
Rules of Civil established
Procedure or where
they
Physical exercise
Incapacity/Disease their
FC 45 (5,6) - principal
Impotence functions.
(incurable) and STD
(grave and Re: Natural Persons
incurable) are NCC 50 - For the
grounds for exercise of civil
annulment rights and the
fulfillment of civil
FC 46 - obligations, the
Concealment of an domicile of natural
STD (regardless of persons in the place
its nature) is a form of their habitual
of fraud which residence.
constitutes a ground - Characterize
for annulment. d by intent
to return
NCC 820 - Any (animus
person of sound manendi)
mind and of the age - For election
of eighteen years or purposes,
more, and not blind, residence =
deaf or dumb, and domicile
able to read and
write, may be a FC 69 - The
witness to the husband and wife
execution of a will shall fix the family
domicile. In case of
disagreement, the territorial
court shall decide. unit.
The court 5. The burden
may exempt one of proving a
spouse from living change of
with the other if the domicile is
latter should live upon
abroad or there are whoever
other valid and alleges that
compelling reasons a change
for the exemption. has been
However, such secured.
exemption shall not Without
apply if the same is overwhelmin
not compatible with g evidence
the solidarity of the to show a
family. change of
domicile, the
NCC 110 - The court will
husband shall fix the decide in
residence of the favor of the
family. But the court continuance
may exempt the wife of an
from living with the existing
husband if he domicile.
should live abroad
unless in the service Domicile v.
of the Republic. Residence
- While domicile
General Rules on is
Domicile permanent
1. No person (there is
shall be intent to
without a remain),
domicile. residence is
2. A person’s temporary
domicile of and may be
origin changed
prevails until anytime
he acquires (there is no
a new necessary
domicile. intent to
3. A person remain.
can have
only one Requisites of
domicile for domicle:
a given a. Residence
purpose or a or bodily
given time appearance
under the in a new
law of a locality
particular b. Intention to
State. permanently
4. Establishes remain there
a connection (animus
between a manendi);
person and and
a particular
 c. An intention juris.
to abandon Acquired by
the old the
domicile concurrence
(animus of physical
non presence in
revertendi) the new
place and
Kinds of Domicile unqualified
1. Domicile of intention to
origin - make that
person’s place one’s
domicile at home.
birth 3. Constructiv
a. Leg. e domicile
Chil (or
d - necessary
fath domicile) -
er’s By operation
dom of law, a
icile domicile is
b. Illeg. assigned to
Chil person
d - legally
mot incapable of
her’ choosing
s their own
dom domicile.
icile Included are
c. Ema minors, and
ncip the mentally
ated disabled.
Chil
d - How one’s domicile
may of origin is lost
acq 1. Actual
uire removal or
dom change of
icile domicile
of 2. A bona fide
choi intention of
ce abandoning
d. Fou the former
ndlin residence
gs - and
whe establishing
re a new one
they 3. Acts which
wer correspond
e with the
foun purpose.
d
Domicile vs.
2. Domicile of Residence
choice -
freely Domicile Residence
chosen by a
person sui
 Effect and
Individual’s “permanent
Retroactivity
home”, “a place to which, FC 257 - This Code
whenever absent for shall take effect one
business or for pleasure, year after the
one intends to return” completion of its
2 elements: residing or publication in a
physical presence newspaper of
animus manendi general circulation,
as certified by the
(intention of returning
Executive Secretary,
there permanently)
Office of the
Can exist without actually President (published
living in the place. Once August 4, 1987;
residence has been effective August 3,
established in one place, 1988).
there be an intention to
stay there permanently, FC 256 - This Code
shall have
even if residence is also retroactive effect
established in some other insofar as it does
place. not prejudice or
impair vested or
acquired rights in
Essential distinctionaccordance
of the two inwith
lawthe
Civil Code or other
laws.
If a person’s intent be to
remain, it becomes his
Lupo Atienza v. Judge Brillantes
domicile
- Brillantes, a lawyer, claimed that when he
conducted his second marriage with De
Residence is not domicile, but domicile Castro, he acted in good faith because his first
is residence
marriage
coupled with the intention of returning. A man can with Ongkiko was conducted without
have but one domicile for the same purpose at license. While FC 40 requires a
a marriage
anytime, but he may have numerous judicialplaces of declaration of nullity, Brillantes claimed
residence. that it was not necessary for him since the
Civil Code was in force during his marriage
with Ongkiko.
For election purposes, - Court ruled against Brillantes, stating that Art.
“domicile” are used synonymously. 40, a rule
The framers of the 1987 Constitution ofadhered to the
definition given to the term “residence” in election law,
procedure
regarding it as having the same meaning, as domicile.
retroacts.
Romualdez-Marcos v. COMELEC Additionall
- Following NCC 50, Imelda is stilly, eligible to run
as Congressman in Leyte’s Brillantes,
first district since
a lawyers,
she did not lose her domicile in Tolosa, Leyte
is all the
(despite having lived in Metro Manila for a
more
while)
assumed
to know
INTRODUCTION TO the law
THE FAMILY CODE (and
acted in
bad faith
for not
 securing a c
marriage e
license for p
first t
marriage).
o
f
Bernabe v. Alejo
- Adrian’s mother wanted M him to be recognized
as a natural child ofadeceased Fiscal Bernabe.
r
Legitimate heir contended that under the
Family Code, Fiscal’s r death barred Adrian
i
from seeking recognition.
- The Court ruled that a Adrian’s right to seek
recognition is a vested
g right since he was born
in 1981 (when the Civil
e Code was in force).
Therefore, Art. 175 of FC doesn’t retroact.
F
C
Fuentes v. Roca
- Tarciano, without his1 wife’s Rosario’s consent,
sold a conjugal lot. Their marriage was under
the Civil Code (CPG), - but he sold lot in 1989
(after FC effectivity).
- The Court ruled thatMsale was void; while NCC
166 made such sale a without consent merely
voidable, FC 124 renders
r such sale void.
r
Repeal/Amendment i
FC 254 - Lists down a
the specific g
provisions in the civil e
code and other laws
which the FC i
expressly repealed. s
:
FC 255 - If any
- A special
provision of this
contract of
Code is held inalid,
permanent
all the other
union
provisions not
- Between a
affected thereby
man and a
shall remain valid.
woman
- Entered into
MARRIAGE AND
in
PERSONAL
accordance
RELATIONS
with law
BETWEEN
- For the
SPOUSES
establishme
nt of
T
conjugal and
h
family life
e
- It is the
foundation
C
of the family
o
and an
n
inviolable
 social and ordinary
institution; contract
- Its nature,
consequenc Marriage Contract Ordinary Contract
e, and
incidents are In case of breach, parties In case of breach, parties
governed by cannot file for damages can file for damages
law and not
Sex/Gender is material Sex/Gender is immaterial
subject to
stipulation For the establishment of For transactions
conjugal and family life
EXCEPT
that marriage
settlements may fix There are 3 parties
the property in a marriage
relations during the 1. Man
marriage within the 2. Woman
limits provided by 3. State
this Code. -
Bec
CONST. art XV, sec. aus
2 - Marriage, as an e it
inviolable social want
institution, is the s to
foundation of the mak
family, and shall be e a
protected by the marr
State. iage
valid
CONST. art. II, sec. and
12 - The State pres
recognizes the erve
sanctity of family it,
life and shall sinc
protect and e it
strengthen the is an
family as a basic invio
autonomous social lable
institution. It shall instit
equally protect the utio
life of the mother n
and the life of the
unborn from Requirements prior
conception. The 1. First
natural and primary marriage -
right and duty of birth
parents in the certificate
rearing of the youth - In
for civic efficiency the
and the abs
development of enc
moral character e of
shall receive the such
support of the ,
Government. bapt
isma
Differentiation of l
marriage contract certi
 ficat themselves
e as husband
will and wife
work have
2. Subsequent entered into
marriage - a lawful
proof of contract of
nullity or marriage
termination - Constitutes
of prior a
marriage disputable
(FC 13) presumptio
- Certi n;
ficat considered
e of valid until
nullit proven
y, otherwise.
deat
h NCC 220 - In case
certi of doubt, all
ficat presumptions
e of favor the solidarity
spo of the family. Thus,
use every intendment of
law or facts leans
Obergefell v. Hodges toward the validity of
marriage,
- [US Context] Under the Due Process and the Equal
indissolubility
Protection Clauses of the Fourteenthof the
marriage bonds, the
Amendment of the US Constitution, the
legitimacy of
Supreme Court ruled that the right to marry
children, the
extends to same-sex couples.
community of
property during
Nature of Marriage in marriage, the
Philippine Law authority of parents
FC 1 - (see above) over their children,
Rule 131 Sec. 3 and the validity of
(aa), 1989 Rules on defense for any
Evidence member of the
- That a man family in case of
and woman unlawful aggression.
deporting

Goitia v. Campos-Rueda
- The mere act of marriage creates an obligation
on the part of the husband to support his wife,
and the enforcement of it is a vital concern to
the state and so the law will not permit him to
terminate it by his own wrongful acts
AGREEMENTS DURING AND PRIOR TO
MARRIAGE

Stipulations in marriage (see FC 1)

NCC 221 - The following shall be void and of no

effect:
a. Any contract for personal separation
between husband and wife;
b. Every extra-judicial agreement, during
Sermonia v. Republic
- The prescriptive period for the crime of bigamy
should be counted only from the day on which
the said crime was discovered by the offended
party, the authorities or their agency.
marriage, for the dissolution of the conjugal
partnership of gains or of the absolute
community of property between husband and
wife;
c. Every collusion to obtain a decree of legal
separation, or of annulment of marriage;
d. Any simulated alienation of property with
intent to

Perido v. Period
- Persons dwelling together in apparent
matrimony are presumed, in the absence of
any counter-presumption or evidence special
to the case, to be in fact married.
- Semper praesumitur pro matrimonio - Always
presume marriage

FC 75 - The future spouses may, in the marriage

settlements, agree upon the regime of absolute
community, conjugal partnership of gains,
complete separation of property, or any other
regime. In the absence of a marriage settlement,
or when the regime agreed upon is void, the
system of absolute community of property as
established in this Code shall govern. (aka
Silverio v. Republic Espinosa v. Atty. Omana
- A person’s sex is an essential - factor
Attorneyin Omana gave faulty legal advice to
marriage and family relations. It is a part
the ofEspinosa
a spouses, claiming that a
People v. De La legal
person’s Cruz capacity and civil status.Kasunduan ng Paghihiwalay between the both
-- Key element
Jacinto (nowin parricide
Mely), is the
whorelationship
had of should suffice to dissolve their
sex
parties
the offender to the victim.
reassignment surgery, was not allowedmarriage.
by the
- One of the elements of parricide is when
The “the
court to have a name change to- reflect Court deemed this contract illegal. Any
her
deceased is the father, mother, or child (leg
contract for personal separation of husband
new sex.
or illeg), or a leg. other descendant or andother
wife shall be void and of no effect.
descendant, or the leg. spouse of the
accused.
On Breach of promise to marry
NCC 19 - Every person must, in the exercise of
his rights and in the performance of his duties, act
with justice, give everyone his due, and observe
honesty and good faith.

NCC 20 - Every person who, contrary to law,

wilfully or negligently causes damage to another,
shall indemnify

De Santis v. Intestate Estate Jalandoni

- A birth certificate stating that one’s parents were
married establishes the presumption that
indeed they were married.

NCC 21 - Any person who wilfully causes loss or

injury to another in a manner that is contrary to
morals, good customs or public policy shall
compensate the latter for the damage.

Tambuyat v. Tambuyat
- Common-law marriages (live-in), which
usually provides a form of co-ownership
defined under FC 147, requires that the man
and woman living together must not in any
way be incapacitated to contract marriage.
- If legal impediments exist, FC 148 applies
(which requires proof of actual contribution).
NCC 1403 (2) (c) - The following contracts are
unenforceable, unless they are ratified:
(2) Those that do not comply with the Statute of
Frauds as set forth in this number. In the
following cases an agreement hereafter made
shall be unenforceable by action, unless the
same, or some note or memorandum,
thereof, be in writing, and subscribed by the
party charged, or by his agent; evidence,
therefore, of the
agreement eme
cannot be nt
received mad
without the e in
writing, or a con
secondary side
evidence of ratio
its contents: n of
(c) An marr
agre iage
 , Tanjanco v. CA
othe - A breach of promise to marry is not an
r actionable wrong.
than - In addition, the woman in this case was not
a seduced (therefore not falling under the ambit
mut of NCC 21); in fact, the sexual relations they
ual had were voluntary and lasted “full of passion”
pro
for a year.
mis
e to
marr Baksh v. CA
y; - If the CAUSE be the promise to marry, and the
EFFECT be carnal knowledge (aka sex), there
MC 22 - Breach of is a chance that there was criminal or moral
contract. Any person seduction. Such instance would merit
who has entered recovery of moral damages.
into a contract to
marry but
subsequently Abanag v. Mabute
refuses without - Mere sexual relations between two unmarried
reasonable ground and consenting adults are not enough to
to marry the other warrant administrative sanction for illicit
party who is willing behavior.
to perform the same - Immoral conduct is defined as conduct that is
shall pay the latter willful, flagrant or shameless,
the expenses
- and that shows a moral indifference to the
incurred for the
preparation of the opinion of the good and respectable
marriage and such members of the community.
damages as may be
granted by the court.
REQUISITES FOR A
VALID MARRIAGE
Hermosisima v. CA Mariategui v. CA
- Moral damages are not recoverable
- Once a manforanda a woman have lived as
breach of promise to marry. husband and wife and such relationship is not
- This is especially because denied
in this case, the
nor contradicted, the presumption of
complainant is 10 years younger than the
their being married must be admitted as a
petitioner, and the lower court even stated that
the complainant “surrenderedfact.
herself…
overwhelmed by her love.”
Kinds of Requisites
and Effects of Non-
Wassmer v. Velez Compliance FC 2 -
- While a mere breach No ofmarriage
promise toshall
marry is
be valid,
not an actionable wrong, unless thing
it is another
these
entirely to cause a wedding to essential
be formally set
requisites
(which necessarily incurs costs, botharefinancial
and emotional). present:
- Such act (on the part (1)of Velez) Legal
is palpably
contrary to good customs,capacity of the
falling under
ambit of NCC 21. the
contracting
parties who
must be a
male and a
female; and
(2) Consent
freely given
 in the requisites shall
presence of render the marriage
the voidable as provided
solemnizing in Article 45. An
officer. irregularity in the
formal requisites
FC 3 - The formal shall not affect the
requisites of validity of the
marriage are: marriage but the
(1) Authority of party or parties
the solemnizing responsible for the
officer; irregularity shall
(2) A valid be civilly,
marriage criminally and
license administratively
except in the liable.
cases
provided for FC 5 - Any male or
in Chapter 2 female of the age of
of this Title; eighteen years or
and upwards not under
(3) A marriage any of the
ceremony impediments
which takes mentioned in
place with Articles 37 and 38,
the may contract
appearance marriage.
of the
contracting FC 35 - Grounds for
parties declaration of nullity
before the (will be tackled later)
solemnizing FC 36 - A marriage
officer and contracted by any
their party who, at the
personal time of the
declaration celebration, was
that they psychologically
take each incapacitated to
other as comply with the
husband essential marital
and wife in obligations of
the marriage, shall
presence of likewise be void
not less than even if such
two incapacity becomes
witnesses of manifest only after
legal age. its solemnization.

FC 4 - The absence FC 37 - Incestuous

of any of the Marriages (will be
essential or formal tackled later)
requisites shall
render the FC 38 - Marriages
marriage void ab Void due to Public
initio, except as Policy (will be
stated in Article 35 tackled later)
(2). A defect in any
of the essential
FC 45 - Grounds for violence, intimidation
annulment (will be or fraud, he shall be
tackled later) NCC punished by the
53 - No marriage maximum period of
shall be solemnized the penalty provided
unless all these in the next preceding
requisites are paragraph.
complied with:
(1) Legal Formula for Validity
capacity of of Marriage - FC 4
the
contracting Essential Formal Verdict
parties;
(2) Their Yes Yes VALID
consent,
freely given; No Yes VOID
(3) Authority of Yes No VOID, but the person who
the person
caused the irregularity is
performing
held civilly, criminally, or
the
administratively liable
marriage;
and Defect Yes VOIDABLE
(4) A marriage
license, Yes Irregularity VALID, but offender is held
except in a civilly, criminally, or
marriage of administratively liable
exceptional
character
(Sec. 1a, De Mijares v. Villaluz
Art. 3613). - Justice Villaluz and Judge Mijares married.
They lived separately after a day. Villaluz got
RPC 350 - Marriage married again. Mijares filed a complaint for
Contracted Against disbarment against him. Villaluz claimed that
Provisions of Laws. his marriage to Mijares was only a “sham”
— The penalty of marriage intended to protect Mijares from
prisión correccional charges of immorality.
in its medium and - The Court ruled against Villaluz, stating that
maximum periods his marriage to Mijares was valid since all the
shall be imposed essential and formal requisites were present.
upon any person
who, without being Essential Requisites
included in the FC 2 - No marriage
provisions of the shall be valid,
next preceding unless these
article, shall contract essential
marriage knowing requisites are
that the present:
requirements of the (1) Legal
law have not been capacity of
complied with or that the
the marriage is in contracting
disregard of a legal parties who
impediment. must be a
If either of male and a
the contracting female; and
parties shall obtain (2) Consent
the consent of the freely given
other by means of
in the
 presence of Articles 37 and 38,
the may contract
solemnizing marriage.
officer.
FC 35(1) - The
Legal Capacity following marriages
Gender shall be void from
FC 2 (1) - Must be the beginning:
male and female Those contracted by
any party below
FC 148 - In cases of eighteen years of
cohabitation not age even with the
falling under the consent of parents
preceding Article, or
only the properties guardians;
acquired by both of
the parties through RA 6809 - Lowered
their actual joint the age of majority
contribution of from twenty-one
money, property, or to eighteen years
industry shall be
owned by them in FC 21 - When either
common in or both of the
proportion to their contracting parties
respective are citizens of a
contributions. In the foreign country, it
absence of proof to shall be necessary
the contrary, their for them before a
contributions and marriage license
corresponding can be obtained, to
shares are submit a certificate
presumed to be of legal capacity to
equal. The same contract marriage,
rule and issued by their
presumption shall respective
apply to joint diplomatic or
deposits of money consular officials.
and evidences of Stateless
credit. persons or refugees
from other countries
Silverio v. Republic shall, in lieu of the
- A person’s sex iscertificate of legal
an essential factor in
marriage and familycapacity
relations. It isherein
a part of a
required,
person’s legal capacity submit
and civil status.an
- Jacinto (now Mely),
affidavit who
statinghad the sex
circumstances
reassignment surgery, was not allowed by the
showing
court to have a name change to suchreflect her
new sex. capacity to contract
marriage.
Age
FC 5 - Any male or NCC 54 - Any male
female of the age of of the age of sixteen
eighteen years or years or upwards,
upwards not under and any female of
any of the the age of fourteen
impediments years or upwards,
mentioned in not under any of the
impediments
mentioned in guardian, nor, in any
Articles 80 to 84, case, if the offender
may contract has been expressly
marriage. pardoned by the
above named
NCC 80(1) - The persons, as the case
following marriages may be.
shall be void from In cases of
the beginning: seduction,
Those contracted abduction, acts of
under the ages of lasciviousness and
sixteen and fourteen rape, the marriage
years by the male of the offender with
and female the offended party
respectively, even shall extinguish the
with the consent of criminal action or
the parents; remit the penalty
already imposed
RPC 344 - upon him. The
Prosecution of the provisions of this
Crimes of Adultery, paragraph shall also
Concubinage, be applicable to the
Seduction, co-principals,
Abduction, Rape accomplices and
and Acts of accessories after the
Lasciviousness. — fact of the
The crimes of abovementioned
adultery and crimes.
concubinage shall
not be prosecuted Absence of
except upon a impediment
complaint filed by FC 5 - Age
the offended requirement (see
spouse. above)
The
offended party FC 35 - The
cannot institute following marriages
criminal prosecution shall be void from
without including the beginning:
both the guilty (1) Those
parties, if they are contracted
both alive, nor, in by any party
any case, if he shall below
have consented or eighteen
pardoned the years of age
offenders. even with
The the consent
offenses of of parents or
seduction, guardians;
abduction, rape or (2) Those
acts of solemnized
lasciviousness, shall by any
not be prosecuted person not
except upon a legally
complaint filed by authorized
the offended party or to perform
her parents, marriages
grandparents, or unless such
 marriages Te v. Choa
were - For the purposes of remarriage, the absolute
contracted nullity of a previous marriage may not be
with either
invoked unless there is a final judgment
or both
declaring such previous marriage void.
parties
believing in
good faith Nollora v. People
that the - A marriage between a Muslim and a
solemnizing nonMuslim that is not solemnized in
officer had accordance with Muslim law shall be
the legal governed by the Family Code.
authority to - Nollora’s marriage contracts do not even state
do so; that he is a Muslim; therefore, his marriages
(3) Those could not have been covered under the
solemnized Muslim Code. Such omissions are sufficient
without proofs of Nollora’s liability for bigamy.
license,
except those
covered the Avenido v. Avenido
preceding - Marriage certificate, while the primary
Chapter; evidence of a marital union, is not the sole
(4) Those and exclusive one. Other evidence such as
bigamous or birth certificates are also competent.
polygamous - Even if Tecla and Eustaquio’s marriage
marriages certificate was destroyed in WWII, the
not failing negative certification issued by the LCR
under Article (among others) suffices as proof to support
41; the presumption of marriage between Tecla
(5) Those and Eustaquio
contracted
through Parental Consent
mistake of On the
one Hierarchy of
contracting Consent - FC
party as to 14
the identity Necessarily,
of the other; in this order:
and 1. Father
(6) Those 2. Mother
subsequent 3. Legal
marriages guardian
that are void
under Article FC 14 - In case
53. either or both of the
contracting parties,
Garcia v. Recio not having been
emancipated
- A divorce obtained abroad by may
by an alien a be
previous marriage,
recognized in our jurisdiction, provided such
are between
decree is valid according the
to the foreigner’s
national law. ages of eighteen
and twenty-one,
they shall, in
addition to the
requirements of the
preceding articles,
exhibit to the local
civil registrar, the
consent to their FC 35(5) -The
marriage of their following marriages
father, mother, shall be void from
surviving parent or the beginning:
guardian, or persons Those contracted
having legal charge through mistake of
of them, in the order one contracting
mentioned. Such party as to the
consent shall be identity of the other
manifested in writing
by the interested NCC 86(1) - Any of
party, who the following
personally appears circumstances shall
before the proper constitute fraud:
local civil registrar, Misrepresentation
or in the form of an as to the identity of
affidavit made in the one of the
presence of two contracting parties.
witnesses and
attested before any On Effect of Insanity
official authorized by - FC 45(2)
law to administer A marriage
oaths. The personal may be annulled for
manifestation shall any of the following
be recorded in both causes, existing at
applications for the time of the
marriage license, marriage: That
and the affidavit, if either party was of
one is executed unsound mind,
instead, shall be unless such party
attached to said after coming to
applications. reason, freely
cohabited with the
On the Timeline of other as husband
Parental Requisites and wife
for Marriage - FC 14- - Consent
15 given at the
time of
[18]---------------------- insanity
---- results in a
[21]---------------------- void
----[25] marriage
Consent - Vitiated
(FC14) consent
15) (NCC 1335-
1337)
On Consent freely - Consent that
given by both is forced
Spouses
- The absence of On Fraud - FC 45
consent by (3); FC 46, NCC
both 1338-1344 FC 45(3)
spouses - A marriage may be
results in a annulled for any of
void the following
marriage causes, existing at
the time of the
marriage: That the
consent of either misrepresentation
party was obtained has
by fraud, unless created substantial
such party mistake and the
afterwards, with full same is mutual. (n)
knowledge of the
facts constituting the NCC 1343 -
fraud, freely Misrepresentation
cohabited with the made in good faith
other as husband is not
and wife; fraudulent but may
constitute error. (n)
NCC 1338 - There is
fraud when, through NCC 1344 - In order
insidious words or that fraud may make
machinations of one a contract voidable,
of the contracting it should be serious
parties, the other is and should not have
induced to enter into been employed by
a contract which, both contracting
without them, he parties.
would not have
agreed to. Anaya v. Palaroan:
- The non- disclosure of a premarital relationship
NCC 1339 - Failure is not one of the enumerated circumstances
to disclose facts,
under Article 46 of FC (see Art 46 for
when there is a duty
to reveal them, as circumsta
when the parties are nces of
bound by fraud)
confidential
relations, constitutes
On Effect of Force,
fraud.
Intimidation, and
undue influence - FC
NCC 1340 - The
45 (4)
usual exaggerations
A marriage
in trade, when the
may be annulled for
other party had an
any of the following
opportunity to know
causes, existing at
the facts, are not in
the time of the
themselves
marriage: That the
fraudulent.
consent of either
party was obtained
NCC 1341 - A mere
by force, intimidation
expression of an
or undue influence,
opinion does not
unless the same
signify fraud, unless
having disappeared
made by an expert
or ceased, such
and the other party
party thereafter
has relied on the
freely cohabited with
former’s special
the other as
knowledge.
husband and wife
NCC 1342 -
Misrepresentation
by a third person NCC 1335 - There is
does not vitiate violence when in
consent, unless order to wrest
such consent, serious or
irresistible force is relations between
employed. the parties, or the
There is fact that the person
intimidation when alleged to have
one of the been unduly
contracting parties is influenced was
compelled by a suffering from
reasonable and well- mental weakness, or
grounded fear of an was ignorant or in
imminent and grave financial distress.
evil upon his person
or property, or upon Villanueva v. CA
the person or - Vitiated consent will render a marriage
property of his voidable, but it must be proven
spouse, - Orlando Villanueva was not forced into
descendants or marriage because:
ascendants, to give - Villanueva and his wife, Lilla, freely
his consent. entered into marriage
- Villanueva only filed the petition for
To
annulment on vitiated consent only
determine the
after 4 yrs.after the marriage
degree of
- He was a security guard so he knows
intimidation, the age,
self-defense
sex and condition of
- He has letters to Lilla that shows his
the person shall be
love and concern for her
borne in mind.
A threat to
enforce one’s claim On Effect of Physical
through competent Incapacity/impotence
authority, if the claim - FC 45 (5)
is just or legal, does A marriage
not vitiate consent. may be annulled for
any of the following
NCC 1336 - causes, existing at
Violence or the time of the
intimidation shall marriage: That
annul the obligation, either party was
although it may physically incapable
have been of consummating
employed by a third the marriage with
person who did not the other, and such
take part in the incapacity continues
contract. and appears to be
incurable; or
NCC 1337 - There is Jimenez v. Canezares
undue influence - Impotence, being an abnormal condition, should
when a person not be presumed. The presumption is in favor
takes improper of potency.
advantage of his
power over the will
of another, depriving
the latter of a
reasonable freedom
of choice. The
following
circumstances shall
be considered: the
confidential, family,
spiritual and other
 Alcazar v. Alcazar Formal requisites On
Marriagecannot
- An unsatisfactory marriage Licenseresult in a
null and void marriage - A marriage
license
- FC 45 (5) is lack of power to copulate.
Incapacity to consummate shows the the
denotes
involvement
permanent inability on the part of the spouses
to perform the completeof act the State
of sexual
intercourse in marriage
- There was no evidence- to There establish arethat Rey
Alcazar was physicallythree parties
incapable to
consummate the marriage, in it wasa also
marriage: that they
revealed in the cross examination
had sexual intercourse afterthe State, and
the marriage
before Rey left for abroad and the
spouses
- The State is
On Affliction with involved
STD, FC 45 (6); because it
46(3) wants to
preserve the
FC 45(6) - A marriage
marriage may be because
annulled for any of under Article
the following XV, Sec. 2
causes, existing at of the 1987
the time of the Con
marriage: That stitu
either party was tion
afflicted with a marr
sexually- iage
transmissible as
disease found to be an
serious and appears invio
to be incurable. labl
e
FC 46(3) - Any of soci
the following al
circumstances shall instit
constitute fraud utio
referred to in n, is
Number 3 of the the
preceding Article: foun
Concealment of dati
sexually on
transmissible of
disease, regardless the
of its nature, existing fami
at the time of the ly
marriage; and
- STD can shall
only be a be
ground for prot
fraud if it is ecte
not d by
disclosed the
Stat
e.
 - Where to Republic v. CA
apply: FC 9- - A marriage license is an essential requisite of
10 marriage under the NCC. The certification of
- If the “due search and inability to find” issued by the
marriage Civil Registrar of Pasig enjoys probative
license is
value, he being the officer charged under the
not
law to keep a record of all data relative to the
registered in
issuance of a marriage license
the Civil
Registrar
and if it is Sy v. CA
expired, - Art 35. The following marriages shall
then the be void from the beginning:
marriage is - (3) Those solemnized without license,
void except those covered by the
preceding chapter
Q: Can a person still
marry again after
marriage license has De Castro v De Castro
expired? - Under the Family Code, the absence of any of
- YES, one the essential or formal requisites shall render
just needs to the marriage void ab initio, whereas a defect
apply again in any of the essential requisites shall render
the marriage voidable
Q: Can a couple get - In this case, the spouses only presented an
married in Cebu affidavit stating that they have been living
even though their together for more than five years but had no
marriage license is in marriage license
Bataan?
- YES
Abbas v. Abbas
-
First Marriage
Code: The absence
of any
of the essential or formal requisites shall
rendered the marriage void ab initio.
- Art 35(3) of the Family Code: a marriage
solemnized without a license is void from the
beginning.
Second Marriage

Villarica v. Villarica
- Since the second marriage was done using the
same marriage license from the first marriage,
a petition to nullify the first marriage is not
Marrying an alien needed or allowed anymore

Kho v. Republic
- If the presumed validity of marriage has been
overcome, it becomes the burden of the one
claiming validity to prove that the marriage is
valid.
On Where to Apply - a. Application, FC
FC 9, 10 11
FC 9 - A marriage Where a
license shall be marriage license is
issued by the local required, each of the
civil registrar of the contracting parties
city or municipality shall file separately a
where either sworn application for
contracting party such license with the
habitually resides, proper local civil
except in marriages registrar which shall
where no license is specify the following:
required in 1. Full name of
accordance with the
Chapter 2 of this contracting
Title. party;
2. Place of
FC 10 - Marriages birth;
between Filipino 3. Age and
citizens abroad may date of birth;
be solemnized by a 4. Civil status;
consul-general, 5. If previously
consul or vice- married,
consul of the how, when
Republic of the and where
Philippines. The the previous
issuance of the marriage
marriage license was
and the duties of the dissolved or
local civil registrar annulled;
and of the 6. Present
solemnizing officer residence
with regard to the and
celebration of citizenship;
marriage shall be 7. Degree of
performed by said relationship
consular official. of the
On Requirements for contracting
Issuance of Marriage parties;
License 8. Full name,
- Shows that residence
the state and
has citizenship
involvement of the father;
in the 9. Full name,
marriage residence
- Negative and
certification citizenship
means there of the
is no mother; and
marriage 10. Full name,
license residence
- This shifts and
the burden citizenship
of proof to of the
the other guardian or
party person
having
 charge, in if it is shown by an
case the affidavit of such
contracting party or of any other
party has person that such
neither birth or baptismal
father nor certificate has not
mother and yet been received
is under the though the same
age of has been required of
twenty-one the person having
years. custody thereof at
least fifteen days
b. Proof of prior to the date of
Capacity FC 12- the application, such
14; FC 21 cf. party may furnish in
NCC 84 lieu thereof his
current residence
certificate or an
FC 12 - The local
instrument drawn up
civil registrar, upon
and sworn to before
receiving such
the local civil
application, shall
registrar concerned
require the
or any public official
presentation of the
authorized to
original birth
administer oaths.
certificates or, in
Such instrument
default thereof, the
shall contain the
baptismal
sworn declaration of
certificates of the
two witnesses of
contracting parties
lawful age, setting
or copies of such
forth the full name,
documents duly
residence and
attested by the
citizenship of such
persons having
contracting party
custody of the
and of his or her
originals. These
parents, if known,
certificates or
and the place and
certified copies of
date of birth of such
the documents by
party. The nearest of
this Article need not
kin of the contracting
be sworn to and
parties shall be
shall be exempt
preferred as
from the
witnesses, or, in
documentary stamp
their default,
tax. The signature
persons of good
and official title of
reputation in the
the person issuing
province or the
the certificate shall
locality.
be sufficient proof of
The
its authenticity.
presentation of birth
If either of
or baptismal
the contracting
certificate shall not
parties is unable to
be required if the
produce his birth or
parents of the
baptismal certificate
contracting parties
or a certified copy of
appear personally
either because of
before the local civil
the destruction or
registrar concerned
loss of the original or
and swear to the and twenty-one,
correctness of the they shall, in
lawful age of said addition to the
parties, as stated in requirements of the
the application, or preceding articles,
when the local civil exhibit to the local
registrar shall, by civil registrar, the
merely looking at the consent to their
applicants upon their marriage of their
personally father, mother,
appearing before surviving parent or
him, be convinced guardian, or persons
that either or both of having legal charge
them have the of them, in the order
required age. mentioned. Such
consent shall be
FC 13 - In case manifested in writing
either of the by the interested
contracting parties party, who
has been previously personally appears
married, the before the proper
applicant shall be local civil registrar,
required to furnish, or in the form of an
instead of the birth affidavit made in the
or baptismal presence of two
certificate required witnesses and
in the last preceding attested before any
article, the death official authorized by
certificate of the law to administer
deceased spouse or oaths. The personal
the judicial decree of manifestation shall
absolute divorce, or be recorded in both
the judicial decree of applications for
annulment or marriage license,
declaration of nullity and the affidavit, if
of his or her one is executed
previous marriage. instead, shall be
In case the attached to said
death certificate applications.
cannot be secured,
the party shall make FC 21 - When either
an affidavit setting or both of the
forth this contracting parties
circumstance and are citizens of a
his or her actual civil foreign country, it
status and the name shall be necessary
and date of death of for them before a
the deceased marriage license
spouse. can be obtained, to
submit a certificate
FC 14 - In case of legal capacity to
either or both of the contract marriage,
contracting parties, issued by their
not having been respective
emancipated by a diplomatic or
previous marriage, consular officials.
are between the Stateless
ages of eighteen persons or refugees
from other countries completion of the
shall, in lieu of the publication of the
certificate of legal application therefor.
capacity herein A sworn statement
required, submit an by the contracting
affidavit stating the parties to the effect
circumstances that such advice has
showing such been sought,
capacity to contract together with the
marriage. written advice given,
if any, shall be
NCC 84 - No attached to the
marriage license application for
shall be issued to a marriage license.
widow till after three Should the parents
hundred days or guardian refuse to
following the death give any advice, this
of her husband, fact shall be stated
unless in the in the sworn
meantime she has statement.
given birth to a child.
d. Marriage
Counseling, FC
Corpus v. Sto Tomas
16
- Article 17 of the Civil Code provides that the
policy against absolute divorces In the casescannot be
where
subverted by judgments promulgated parental in a
foreign country. The consent
inclusionor parental
of the second
paragraph in Article 26 of theneeded,
advice is Family Code
provides the direct the party or
exception to parties
this rule and
serves as basis for concerned
recognizing shall, in
the dissolution
addition to
of the marriage between the Filipino spouse the
and his or her alien requirements
spouse. of the
- The 2nd paragraph preceding articles,
in Art. 26 is given only to a
Filipino. This cannotattach
apply toa aliens.
certificate
- For aliens Rule 108issued is the by a priest,
remedy so that an
alien can annotate theimam or inminister
‘divorce’ the marriage
contract in the civil authorized
registrar so that hetocan get
his Certificate of Nosolemnize marriage
Marriage (CENOMAR)
under Article 7 of
this Code or a
c. Parental advice, marriage counselor
FC 15 duly accredited by
Any the proper
contracting party government agency
between the age of to the effect that the
twentyone and contracting parties
twenty-five shall be have undergone
obliged to ask their marriage
parents or guardian counseling. Failure
for advice upon the to attach said
intended marriage. If certificates of
they do not obtain marriage counseling
such advice, or if it shall suspend the
be unfavorable, the issuance of the
marriage license marriage license for
shall not be issued a period of three
till after three months from the
months following the completion of the
publication of the
application. f. Investigation of
Issuance of the impediments, FC
marriage license 18
within the prohibited In case of
period shall subject any impediment
the issuing officer to known to the local
administrative civil registrar or
sanctions but shall brought to his
not affect the validity attention, he shall
of the marriage. note down the
Should only particulars thereof
one of the and his findings
contracting parties thereon in the
need parental application for
consent or parental marriage license,
advice, the other but shall
party must be nonetheless issue
present at the said license after the
counseling referred completion of the
to in the preceding period of publication,
paragraph. unless ordered
otherwise by a
e. Publication, FC competent court at
17 his own instance or
The local that of any interest
civil registrar shall party. No filing fee
prepare a notice shall be charged for
which shall contain the petition nor a
the full names and corresponding bond
residences of the required for the
applicants for a issuances of the
marriage license order.
and other data given
in the applications. g. Payment of Fees,
The notice shall be FC 19
posted for ten The local
consecutive days on civil registrar shall
a bulletin board require the payment
outside the office of of the fees
the local civil prescribed by law or
registrar located in a regulations before
conspicuous place the issuance of the
within the building marriage license. No
and accessible to other sum shall be
the general public. collected in the
This notice shall nature of a fee or tax
request all persons of any kind for the
having knowledge of issuance of said
any impediment to license. It shall,
the marriage to however, be issued
advise the local civil free of charge to
registrar thereof. indigent parties, that
The marriage is those who have
license shall be no visible means of
issued after the income or whose
completion of the income is insufficient
period of publication. for their subsistence
a fact established by documents and
their affidavit, or by affidavits filed in
their oath before the connection with
local civil registrar. applications for
marriage licenses
h. Family planning shall be exempt
certificate, P.D from documentary
965 stamp tax.

On Place where FC 25 - The local

Marriage License is civil registrar
Valid - FC 20 The concerned shall
license shall be valid enter all applications
in any part of the for marriage
Philippines for a licenses filed with
period of one him in a registry
hundred twenty book strictly in the
days from the date order in which the
of issue, same are received.
He shall record in
On Period of Validity said book the
of Marriage License - names of the
FC 20 applicants, the date
...and shall on which the
be deemed marriage license
automatically was issued, and
canceled at the such other data as
expiration of the may be necessary.
said period if the
contracting parties
have not made use Alcantara v.
of it. The expiry Alcantara
date shall be - The
stamped in bold presumpti
characters on the on of
face of every regularity
license issued. of official
acts of
Civil
De Castro v. De Castro Registrars
- Under the Family Code, the absence
may of any of
be
the essential or formal requisites
rebutted render
shall
the marriage void by
in any of the essential requisites shall render
affirmative
the marriage voidable evidence
of
On Duties of Civil irregularit
Registrar - FC 24-25 y or
FC 24 - It shall be failure to
the duty of the local perform a
civil registrar to duty.
prepare the However,
documents required the
by this Title, and to presumpti
administer oaths to on
all interested parties prevails
without any charge until it is
in both cases. The overcome
 by no less brin
than clear k of
and deat
convincin h,
g not
evidence mer
to the e
contrary. sick
Thus, nes
unless the s
presumpti - If
on is part
rebutted, y in
it artic
becomes ulo
conclusiv mort
e. Every is,
reasonabl marr
e iage
intendme rem
nt will be ains
made in valid
support of - It is
the the
presumpti sole
on and, in mni
case of zing
doubt as offic
to an er’s
officer’s duty
act being to
lawful or file
unlawful, an
constructi affid
on should avit
be in to
favor of its prov
lawfulnes e
s. the
fact
of
On Marriages
marr
Exempted from
iage
License
and
Requirement - FC
che
27-28, 33-34
ck
Parties should still
the
have formal and
com
essential requisites
plia
regardless if they
nce
are exempt from
of
obtaining marriage
marr
license
iage
1. In articulo
requ
mortis (FC
isite
27)
s
- On
(and
the
eac
 h’s ever
valid , the
ity) abs
- BUT enc
: e of
Affid a
avit witn
not ess
a is
sub an
stitu irreg
te ulari
for ty
marr
iage Q: How do you know
if the marriage is
licen recorded in this
se; case?
- It is
just the
resp
a onsi
doc bility
ume of
nt the
that sole
it mni
hap zing
pen offic
ed er to
reco
Q: What if the person rd it
near-death becomes
healthy again, do 2. Residence
they need a marriage in a remote
license now? place (FC
- No, 28)
they - No
do mea
not ns
and of
the tran
mar spor
riag tatio
e is n to
still ena
vali ble
d parti
es
Q: Does the to
marriage need to app
have a witness? ear
- No, pers
it is onal
still ly
vali befo
d, re
how the
 local nee
civil d
regi marr
strar iage
3. Among licen
muslims or se
ethnic
cultural Q: What if a T’boli
communities wants to marry a
(FC 33) Mangyan (essentially
- Prov 2 different ethnic
ided cultural communities)
that - Req
the uire
marr d to
iage get
is a
sole mar
mni riag
zed e
und lice
er nse
their if,
resp und
ectiv er
e their
tradi resp
tion ecti
s ve
and cust
cust oms
oms ,
- Sam they
e can
ethn not
icitie mar
s/cul ry.
tural
com 4. 5-year
mun cohabitation
ities: (FC 34)
no - Prov
marr ided
iage that
licen ther
se e is
nee an
ded affid
- Diffe avit
rent reco
gniz
ethn ed
icitie by
s/cul the
tural local
com civil
mun regi
ities: strar
 - The 76, which
5 yr. refers to
peri the
od marriage
sho of a man
uld and a
be woman
excl who have
usiv lived
e, together
cont and
inui exclusive
ng, ly with
and each
w/o other as
ut husband
lega and wife
l for a
imp continuo
edi us and
men unbroken
t period of
- The at least
falsit five
y of years
coh before the
abit marriage.
atio
n is
not Republic v. Dayot
an - Marriages
irreg are valid
ulari even
ty without a
but marriage
resu license if
lts in they are
an marriages
abs of
enc exception
e of al
character.
a
However,
valid
for this
marr
exception
iage to the rule
licen (under
se. Article 76)
be
Ninal v. Bayadog applied,
the
- There are several instances recognized by the
marriage
Civil Code wherein a marriage license is
must
dispensed strictly
with. One adhere to
instance the
is requisites.
provided
in NCC
On the Authority of the case
the Solemnizing mentioned
Officer in Article 31;
Who are (4) Any military
authorized? - FC 7, commander
10, 31, 32; NCC 56 of a unit to
74, 76; which a
LGC of 1991 chaplain is
assigned, in
FC 7 - Marriage may the absence
be solemnized by: of the latter,
(1) Any during a
incumbent military
member of operation,
the judiciary likewise only
within the in the cases
court’s mentioned
jurisdiction; in Article 32;
(2) Any priest, (5) Any consul-
rabbi, imam, general,
or minister consul or
of any vice-consul
church or in the case
religious provided in
sect duly Article 10.
authorized
by his FC 10 - Marriages
church or between Filipino
religious citizens abroad may
sect and be solemnized by a
registered consul-general,
with the civil consul or vice-
registrar consul of the
general, Republic of the
acting within Philippines. The
the limits of issuance of the
the written marriage license
authority and the duties of the
granted by local civil registrar
his church and of the
or religious solemnizing officer
sect and with regard to the
provided celebration of
that at least marriage shall be
one of the performed by said
contracting consular official.
parties
belongs to FC 31 - A marriage
the in articulo mortis
solemnizing between
officer’s passengers or crew
church or members may also
religious be solemnized by a
sect; ship captain or by
(3) Any ship an airplane pilot not
captain or only while the ship is
airplane at sea or the plane
chief only in is in flight, but also
during stopovers at in article 92;
ports of call. and
(7) Ship
FC 32 - A military captains,
commander of a airplane
unit, who is a chiefs,
commissioned military
officer, shall likewise commander
have authority to s, and
solemnize consuls and
marriages in articulo vice-consuls
mortis between in special
persons within the cases
zone of military provided in
operation, whether articles 74
members of the and 75.
armed forces or
civilians. NCC 74 - A
marriage in articulo
NCC 56 - Marriage mortis may also be
may be solemnized solemnized by the
by: captain of a ship or
(1) The Chief chief of an airplane
Justice and during a voyage, or
Associate by the commanding
Justices of officer of a military
the unit, in the absence
Supreme of a chaplain, during
Court; war. The duties
(2) The mentioned in the
Presiding two preceding
Justice and articles shall be
the Justices complied with by the
of the Court ship captain,
of Appeals; airplane chief or
(3) Judges of commanding officer.
the Courts
of First NCC 76 - No
Instance; marriage license
(4) Mayors of shall be necessary
cities and when a man and a
municipalitie woman who have
s; attained the age of
(5) Municipal majority and who,
judges and being unmarried,
justices of have lived together
the peace; as husband and wife
(6) Priests, for at least five
rabbis, years, desire to
ministers of marry each other.
the gospel The contracting
of any parties shall state
denominatio the foregoing facts
n, church, in an affidavit before
religion or any person
sect, duly authorized by law to
registered, administer oaths.
as provided The official, priest or
minister who l body from
solemnized the the judiciary
marriage shall also
state in an affidavit Q: Can former CJ
that he took steps to Sereno, or former
ascertain the ages Chief Justices,
and other solemnize
qualifications of the marriages?
contracting parties - No, she
and that he found no should be an
legal impediment to incumbent
the marriage. CJ.

That the jurisdiction Q: What if a Catholic

of solemnizing priest solemnize a
officers is only marriage of two
directory, the place protestants?
is immaterial (FC 8) - The
The marriage is
marriage shall be still valid (if
solemnized publicly the
in the chambers of contracting
the judge or in open parties
court, in the church, believe in
chapel or temple, or good faith
in the office the that the
consul-general, priest had
consul or vice- authority in
consul, as the case solemnizing
may be, and not their
elsewhere, except in marriage)
cases of marriages because this
contracted on the is only a
point of death or in mere
remote places in irregularity to
accordance with the formal
Article 29 of this requisites
Code, or where but the priest
both of the parties will be held
request the civilly,
solemnizing officer criminally,
in writing in which and
case the marriage administrativ
may be solemnized ely liable.
at a house or place - In the same
designated by vein, the
them in a sworn marriage will
statement to that be invalid if
effect. contracting
parties knew
Q: Can an of the lack of
ombudsman authority but
solemnize? proceeded
- No, this anyway.
office is an
independent Q: Can a priest
constitutiona solemnize, who is in
an airplane, in solemnize
Hongkong soil? marriages
- Yes, the abroad in
marriage is their
also valid, consulate
but abroad.
conditional if
couples Q: Can a governor
alighted from solemnize?
the airplane - No, it is not
stated in the
Q: Can a military Local Govt.
commander offiate Code and
all marriages? FC Art. 7
- It depends.
Look at FC Beso v. Daguman
32 in - A marriage can be held outside the judge’s
conjunction chambers or courtroom only in the following
with FC 7(4).
instances: 1) At the point of death; 2) In
remote places in accordance with Art 29; 2)
FC 7(4) - Any military
Upon the request of both parties in writing in a
commander of a unit
sworn statement to this effect.
to which a chaplain
is assigned, in the
absence of the latter, On How Solemnizing
during a military Officers are
operation, likewise Authorized - FC 7(2)
only in the cases cf.
mentioned in Article NCC 92-96
32;
Villar v. Paraiso
FC 32 – A military - the purpose of registration is two-fold: to
commander of a unit, inform the public not only of the authority of
who is a
commissioned the minister
officer, shall likewise to
have authority to discharge
solemnize marriages religious
in articulo mortis functions
between persons (especially
within the zone of solemnizing
military operation, marriage),
whether members of but equally
to keep it
the armed forces or
informed of
civilians
any change
in his
Q: Can an religious
ambassador status.
solemnize?
- No.

Q: Can a vice-consul
solemnize marriage
in the
Philippines?
- No. Vice-
consuls can
only
 OCA v. Tormis referred to in Article
- Gross misconduct is6 an and"improper
to send or thewrong
conduct, the duplicate
transgression ofand some
triplicaterule
established and definite copies of
of action, a
the certificate
forbidden act, a dereliction of duty, not
willful in
latera wrongful
character, and implies than fifteen
intent and
days after the
not mere error in judgment." To consider
marriage, to the
gross misconduct "the elements of corruption,
local civil registrar of
clear intent to violate the law, or flagrant
the place where the
disregard of established rule must bewas
marriage manifest
solemnized. Proper
On the Effect of the receipts shall be
Absence of issued by the local
Authority? - FC 4; 35 civil registrar to the
(2), solemnizing officer
RPC 352 transmitting copies
Ronulo v. People of the marriage
- RPC 352. Performance of illegal The
certificate. marriage
ceremony. — Priests solemnizing
or ministers officerof any
shall retain in
religious denomination or sect, or civilhis file
authorities who shallthe quadruplicate
perform or authorize any
copy of the marriage
illegal marriage ceremony shall be punished in
accordance with certificate, the copy
the provisions of the
Marriage of the marriage
certificate, the
original of the
Q: What if the person
marriage license
was not authorized
and, in proper
but conducted a
cases, the affidavit
marriage ceremony?
of the contracting
- In Art. 35 (2)
party regarding the
FC, if the
solemnization of the
parties acted
marriage in place
in good faith
other than those
that they did
mentioned in Article
not know
8.
about the
false
authority of FC 24 - It shall be
the the duty of the local
solemnizing civil registrar to
officer, the prepare the
marriage is documents required
still valid. by this Title, and to
administer oaths to
On What the Duties all interested parties
of the Solemnizing without any charge
Officer are - FC 23- in both cases. The
24 documents and
FC 23 - It shall be affidavits filed in
the duty of the connection with
person solemnizing applications for
the marriage to marriage licenses
furnish either of the shall be exempt
contracting parties from documentary
the original of the stamp tax.
marriage certificate
On the Effect of Marriage shall be
Irregularity - FC 4 solemnized publicly
The in the ff. places:
absence of any of 1. Chambers
the essential or of the judge
formal requisites or in open
shall render the court
marriage void ab 2. Church,
initio, except as chapel, or
stated in Article 35 temple
(2). 3. Office of the
consul-
FC 35(2) - The general,
following marriages consul or
shall be void from viceconsul
the beginning: - M
Those solemnized a
by any person not r
legally authorized to r
perform marriages i
unless such a
marriages were g
contracted with e
either or both parties
believing in good c
faith that the e
solemnizing officer r
had the legal e
authority to do so; m
o
On the Venue of a n
Marriage Ceremony y
(see FC 8)
h
Form of Ceremony - a
FC 3(3); FC 6 cf. FC s
33, FC 8
t
Martinez v. Tan
h
- While a prescribed form or religious rite e is not
required to solemnize a marriage, the
contracting parties must still: (1) appear f
before a solemnizing officer, (2) personally
o
declare that they are taking each other as l
husband and wife in the presence of notl less
than two witnesses of legal age, and (3)osign
the marriage certificate, which contains the
w
declaration and is co-signed by their i
witnesses and attested by the solemnizing n
officer. (FC 3(3) and FC 6) g

e
Morigo v. People l
- A judicial declaration of nullity of a previous
e
marriage is necessary before a subsequent m
one can be legally contracted. e
n
t
 s l
: e
- 2 m
n
c i
o z
n i
t n
r g
a
c o
t f
i f
n i
g c
e
p r
a
r - P
t e
i r
e s
s o
n
a a
p l
p d
e e
a c
r l
i a
n r
g a
t
p i
e o
r n
s
o (
n “
a I
l d
l o
y ’
s
b ”
e ;
f m
o o
r s
e t
i
t m
h p
e o
r
s t
o a
 n f
t t
) h
e
- 2
f
w o
i l
t l
n o
e w
s i
s n
e g
s
d
o o
f e
l s
e
g n
a o
l t
a a
g f
e f
e
- P c
u t
b t
l h
i e
c
v
c a
e l
r i
e d
m i
o t
n y
y ;
o
- A n
b l
s y
e
n b
c e
e c
o
o m
f e
a s
n
y a

o m
 e prov
r ided
e for
in
i FC
r 8
r - Exc
e epti
g ons:
u - In
l artic
a ulo
r mort
i is
t - Re
y mot
: e
area
Place of s
Ceremo
ny - FC On the Issuance of a
8; FC Marriage Certificate -
28-29; FC 6; FC 22-
FC 32- 23
33 - - Evidence of
marriage
Merely but,
director absence of
y; place marriage
is certificate
immater does not
ial mean
- Prov absence of
ided marriage.
that
cont
Madridejo v. De Leon
racti
- [FC 23] “It shall be the duty of the person
ng
solemnizing the marriage to furnish either of
parti the contracting parties the original of the
es marriage certificate [...] and to send the
requ duplicate and triplicate copies of the certificate
est not later than fifteen days after the marriage, to
the the local civil registrar of the place where
sole the marriage was solemnized. […]”
mni - The parish priest who married Pedro de Leon
zing and Flaviana Perez failed to send a copy of
offic the marriage certificate to the municipality
er in
secretary, but the marriage remained valid
writi
since they did not lack the essential requisites.
ng
their
desi Laws governing the
re to validity of marriages
wed abroad On General
in a Rule in Contracts
plac a. As to form -
e NCC 17(1)
not and (2)
 The forms upon in a foreign
and solemnities of country.
contracts, wills, and - When
other public speaking of
instruments shall be essential
governed by the requisites,
laws of the country NCC 15 will
in which they are apply
executed. - When
When the speaking of
acts referred to are formal
executed before the requisites,
diplomatic or NCC 17 will
consular officials of apply.
the Republic of the
Philippines in a On Special Rule in
foreign country, the Marriage
solemnities a. Lex loci
established by
celabrationis -
Philippine laws shall
FC 10, 21, 26
be observed in their
execution.
Lex Loci
Celebrationis - the
b. As to
law of the land
substantive
where the marriage
requirement
was celebrated
s - NCC 15
and
17(3) FC 10 - Marriages
between Filipino
citizens abroad may
NCC 15 - Laws
be solemnized by a
relating to family
consul-general,
rights and duties, or
consul or vice-
to the status,
consul of the
condition and legal
Republic of the
capacity of persons
Philippines. The
are binding upon
issuance of the
citizens of the
marriage license
Philippines, even
and the duties of the
though living
local civil registrar
abroad.
and of the
solemnizing officer
NCC 17(3) -
with regard to the
Prohibitive laws
celebration of
concerning persons,
marriage shall be
their acts or
performed by said
property, and those
consular official.
which have for their
object public order,
FC 21 - When either
public policy and
or both of the
good customs shall
contracting parties
not be rendered
are citizens of a
ineffective by laws
foreign country, it
or judgments
shall be necessary
promulgated, or by
for them before a
determinations or
marriage license
conventions agreed
can be obtained, to
submit a certificate
of legal capacity to before the
contract marriage, Filipino will
issued by their be
respective capacitated
diplomatic or to marry
consular officials. again.
- The
Stateless persons or reckoning
refugees from other period
countries shall, in before the
lieu of the certificate second
of legal capacity paragraph of
herein required, FC 26 can
submit an affidavit apply is the
stating the divorce
circumstances period
showing such - It is not
capacity to contract enough that
marriage. a foreign
decree is
FC 26 - All passed, it
marriages must also be
solemnized outside proven in
the Philippines, in the court.
accordance with the
laws in force in the Republic v. Orbercido III
country where they - Both Filipinos when they married (under FC);
were solemnized, one gets naturalized as an alien
and valid there as - Petition for declaratory relief
such, shall also be - Reckoning period: Citizenship at the time when
valid in this country, the divorce decree was obtained
except those - -)(6#&(7897:(;(&*(#$<*=%5>$(?*#$5=%
prohibited under (@34=A$%&
Articles 35 (1), (4), - Applies even if at the time the marriage was
(5) and (6), 3637 contracted, both parties were
and 38. Filipinos
Where a
marriage between a
Filipino citizen and a Fujiki v. Marinay
foreigner is validly - When you speak of foreign judgment, it is not
celebrated and a enough to present, to a Philippine court, the
divorce is thereafter
validly obtained divorce decree and final judgment issued by foreign
abroad by the alien court
spouse capacitating - Present legal basis (foreign law that allows for
him or her to the divorce, and that the foreign court decided
remarry, the Filipino based on the same)
spouse shall have
capacity to remarry
under Philippine law. b. Exceptions -
FC 26 in relation
On What FC Art to 35(1), 35 (4),
26(2) Means 35(5) and
- The divorce 35(6), 36,
should be 37 and 38 cf
recognized NCC 71
by Philippine
courts
FC 35 - The Executive Order
following marriages 227)
shall be void from
the beginning: FC 37 - Marriages
(1) Those between the
contracted following are
by any party incestuous and void
below from the beginning,
eighteen whether relationship
years of age between the parties
even with be legitimate or
the consent illegitimate:
of parents or (1) Between
guardians; ascendants
(4) Tho and
se descendants
bigamous or of any
polygamous degree; and
marriages (2) Between
not failing brothers and
under Article sisters,
41; whether of
(5) Tho the full or
se half blood.
contracted
through FC 38 - The
mistake of following marriages
one shall be void from
contracting the beginning for
party as to reasons of public
the identity policy:
of the other; (1) Between
and collateral
(6) Tho blood
se relatives
subsequent whether
marriages legitimate or
that are void illegitimate,
under Article up to the
53. fourth civil
degree;
FC 36 - A marriage (2) Between
contracted by any step-parents
party who, at the and step-
time of the children;
celebration, was (3) Between
psychologically parents-in-
incapacitated to law and
comply with the children-in-
essential marital law;
obligations of (4) Between the
marriage, shall adopting
likewise be void parent and
even if such the adopted
incapacity becomes child;
manifest only after (5) Between the
its solemnization. surviving
(As amended by spouse of
 the adopting latur
parent and e
the adopted does
child; not
(6) Between the reco
surviving gniz
spouse of e
the adopted com
child and the mon
adopter; law
(7) Between an marr
adopted iage
child and a s,
legitimate but
child of the for
adopter; the
(8) Between sake
adopted of
children of prop
the same erty
adopter; and man
(9) Between age
parties men
where one, t
with the - FC
intention to Art.
marry the 147
other, killed appli
that other es
person’s whe
spouse, or n
his or her eithe
own spouse. r
(82) parti
es
Common Law coha
Marriages/ ‘Live-in’ bited
relationships - FC with
147, cf. RPC 350; out
FC 148; Rule 131 the
Sec. 3 (aa) - (CC), ben
1989 Rules of efit
Evidence cf. NCC of
220; NCC Book II, marr
Title III iage,
(484-450) or
marr
On Property iage
Distribution of is
Common Law void
Marriages - FC 147- with
148 out
In cases of common legal
law marriages imp
- Phili edi
ppin men
e t
legis
 - FC Conjugal Property
Art. Gains (CPG)
148
appli
es
whe
n
marr
iage Hus Co Wif
has
any
of
the
ff:

biga Fig. 2 CONJUGAL

my, PROPERTY GAINS (CPG) -
adult
ery, Q: What if the
conc marriage is void
ubin without legal
age, impediment? - Only
the property acquired
void during the union is
ed considered co-
due owned
to - FC
147
legal provi
imp des
edi that
men if the
t wife
does
Absolute Community not
Property (ACP) contr
ibute
to
famil
y
inco
me,
the
Hu Co main Wif
tena
nce
of
the
famil
y
and
Fig 1. ABSOLUTE the
COMMUNITY hous
e
entitl
es
her
 to Lesaca v. Lesaca
the - Although there is no technical marital
prop partnership between persons living maritally
erty without being lawfully married, nevertheless
acqu there is between them an informal civil
ired
partnership which would entitle the parties to
durin
an equal interest in property acquired by their
g
joint efforts.
the
unio
n Yaptinchay v. Torres
- House in Forbes Park acquired during
Q: What if the man cohabitation with concubine
dies and the mistress - Legal wife and legitimate daughter want the
is not able to prove property to themselves, due to ACP/CPG
her contribution in - Since concubine was not able to prove her
acquiring the contribution, in the liquidation of the husband’s
properties in their assets, the concubine got nothing
common law
marriage?
- FC Eugenio v. Velez
148 - While it is true that our laws do not just brush
provi aside the fact that such relationships (common
des law marriages) are present in our society, and
that that they produce a community of properties
in and interests which is governed by law,
the authority exists in case law to the effect that
abse such form of co-ownership requires that the
nce man and woman living together must not in
of any way be incapacitated to contract
proo marriage.
f, - A live-in partner cannot have custody of
prop his/her deceased live-in partner’s body since
ertie by law, he is not recognized as the legal
s spouse, and when both live-in partners are
acqu incapacitated (has legal impediment) to
ired contract marriage.
durin
g the Estrada v. Escritor
com - When government action burdens, even
mon
inadvertently, a sincerely held religious belief
law
or practice, the state must justify the burden
marr
by
iage
beco demonstr
mes ating that
part the law
of embodies
the a
prop compellin
ertie g interest,
s that no
shar less
ed restrictive
with the alternative
legal wife exists,
and that a
religious
 exemption (4) Those
would bigamous or
impair the polygamous
state’s marriages
ability to not failing
effectuate under Article
its 41;
compellin (5) Those
g interest. contracted
through
mistake of
On Void Marriages - one
FC 35-38 contracting
FC 35. The following party as to
marriages shall be the identity
void from the of the other;
beginning: and
(1) Those (6) Those
contracted subsequent
by any party marriages
below that are void
eighteen under Article
years of age 53.
even with
the consent FC 38. The following
of parents or marriages shall be
guardians; void from the
(2) Those beginning for
solemnized reasons of public
by any policy:
person not (1) Between
legally collateral
authorized blood
to perform relatives
marriages whether
unless such legitimate or
marriages illegitimate,
were up to the
contracted fourth civil
with either degree;
or both (2) Between
parties step-parents
believing in and step-
good faith children;
that the (3) Between
solemnizing parents-in-
officer had law and
the legal children-in-
authority to law;
do so;
(4) Between the
(3) Those adopting
solemnized parent and
without the adopted
license, child;
except those
(5) Between the
covered the
surviving
preceding
spouse of
Chapter;
the adopting
 parent and On Absence of
the adopted Formal Requisites -
child; FC 35 cf. FC 234,
(6) Between the RA 6809
surviving The following
spouse of marriages shall be
the adopted void from the
child and the beginning:
adopter; (1) Those
(7) Between an contracted
adopted by any party
child and a below
legitimate eighteen
child of the years of age
adopter; even with
(8) Between the consent
adopted of parents or
children of guardians;
the same (2) Those
adopter; and solemnized
(9) Between by any
parties person not
where one, legally
with the authorized
intention to to perform
marry the marriages
other, killed unless such
that other marriages
person’s were
spouse, or contracted
his or her with either
own spouse. or both
(82) parties
believing in
On General Rule on good faith
Void Marriages - FC that the
4 solemnizing
The officer had
absence of any of the legal
the essential or authority to
formal requisites do so;
shall render the (3) Those
marriage void ab solemnized
initio, except as without
stated in Article 35 license,
(2). except those
A defect in covered the
any of the essential preceding
requisites shall not Chapter;
affect the validity of (4) Those
the marriage but the bigamous or
party or parties polygamous
responsible for the marriages
irregularity shall be not failing
civilly, criminally and under Article
administratively 41;
liable. (5) Those
contracted
 through Emancipation also
mistake of takes place:
one (1) By the
contracting marriage of
party as to the minor; or
the identity (2) By the
of the other; recording in
and the Civil
(6) Those Register of
subsequent an
marriages agreement
that are void in a public
under Article instrument
53. executed by
the parent
FC 52 - The exercising
judgment of parental
annulment or of authority
absolute nullity of and the
the marriage, the minor at
partition and least
distribution of the eighteen
properties of the years of
spouses and the age. Such
delivery of the emancipatio
children’s n shall be
presumptive irrevocable.
legitimes shall be
recorded in the Absent of Marriage
appropriate civil License, regardless
registry and if it was in good faith
registries of or bad faith, is void
property; otherwise, except:
the same shall not - Articulo
affect third persons. Mortis
- Ethnicities
FC 53 - Either of the - Remote
former spouses may places
marry again after - 5-yr
compliance with the cohabitation
requirements of the period
immediately - Falsification
preceding Article; of the
otherwise, the affidavit for
subsequent this is not an
marriage shall be irregularity,
null and void. it makes the
marriage
FC 234 - void
Emancipation takes
place by the Before
attainment of Wiegel v Sempio
majority. Unless Dy, there was no
otherwise provided, need for declaration
majority commences of nullity of marriage
at the age of twenty- was not needed
one years. when the marriage
is void. After Wiegel,
there was a need for toward the
declaration of nullity validity of
of marriage when the
the marriage is void marriage
because a final bonds.
judgement is The
needed to make Courts
marriage void. look upon
this
Q: Mrs. A receives presumpti
on with
date of decision on
great
March 5 while Mr. A
favor. It is
receives it on March
not to be
10. The decision
lightly
becomes final and repelled;
executory for Mrs. A on the
on March 21 while contrary,
for Mr. A, it will be on the
March 26. Can Mrs A presumpti
marry after the 21st? on is of
- No. she has great
to wait until weight.
March 26,
for the
judgement So v. Valera
to be final - Marriage
and Contract
executory registered
for both of with the
them, and Civil
they should Registry.
register this As a duly
judgement registered
so that document
parties can , it is a
get a public
CENOMAR. document
, and is
prima
Alcantara v. facie
Alcantara evidence
- Semper of the
praesumit facts it
ur pro contains,
matrimoni namely,
o. The the
presumpti marriage
on is of the
always in petitioner
favor of with the
the responde
validity of nt. To
the contradict
marriage. these
Every facts and
intendmen the
t of the presumpti
law or fact on of
leans regularity
 in the be
document’ applied,
s favor, the
the marriage
petitioner’ must
s contrary strictly
evidence adhere to
must be the
clear and requisites.
convincin - FC 76. In
g. order that
any
modificati
De Castro v. De on in the
Castro marriage
- Under the settlement
Family s may be
Code, the valid, it
absence must be
of any of made
the before the
essential celebratio
or formal n of the
requisites marriage,
subject to
shall
the
render the
provisions
marriage
of Articles
void ab 66, 67,
initio, 128, 135
whereas a and 136.
defect in
any of the
essential Abbas v. Abbas
requisites - (see FC 4 and
shall 35 (3))
render the
marriage
voidable Kho v. Republic
- Article 53(4) of the Civil Code (prior to the
effectivity of the Family Code). “No marriage
Republic v. Dayot shall be solemnized unless all these requisites
- Marriages are complied with xxx (4) a marriage license,
are valid
except in a marriage of exceptional character.”
even
without a
marriage Bigamous and
license if Polygamous
they are Marriages
marriages
of FC 35(4). The
exception following marriages
al shall be void from
character. the beginning:
However, Those bigamous or
for this polygamous
exception marriages not falling
to the rule under Art 41.
(under
FC 39. The action or
Article 76)
defense for the
declaration of Code for the
absolute nullity of a declaration of
marriage shall not presumptive death
prescribe. of the absentee,
without prejudice to
FC 40. The absolute the effect of
nullity of a previous reappearance of the
marriage may be absent spouse.
invoked for
purposes of RPC 349. Bigamy.
remarriage on the — The penalty of
basis solely of a prision mayor shall
final judgment be imposed upon
declaring such any person who
previous marriage shall contract a
void. second or
subsequent
FC 41. A marriage marriage before the
contracted by any former marriage has
person during been legally
subsistence of a dissolved, or before
previous marriage the absent spouse
shall be null and has been declared
void, unless before presumptively dead
the celebration of by means of a
the subsequent judgment rendered
marriage, the prior in the proper
spouse had been proceedings.
absent for four
consecutive years Notes:
and the spouse ● A marriage
present has a well- “not falling
founded belief that under Article
the absent spouse 41” in Article
was already dead. 35(4) means
In case of that the
disappearance spouse
where there is present
danger of death obtained a
under the judicial
circumstances set declaration
forth in the of
provisions of Article presumptive
391 of the Civil death prior
Code, an absence to a second
of only two years marriage.
shall be sufficient. ● Bigamous
For the and
purpose of polygamous
contracting the should be
subsequent covered by
marriage under the Art. 41, in
preceding paragraph the phrase:
the spouse present “A marriage
must institute a contracted
summary by any
proceeding as person
provided in this during the
 subsistence ○ Valid
of a sub
previous seq
marriage uent
shall be null marr
and void.” iage
● Elements of if
Bigamy first
0 A marr
valid iage
and did
sub not
sisti exist
ng ● Void:
marr declaration
iage of nullity;
○ Voidable:
Contraction of petition for
subsequent marriage annulment
0 Void Domingo v. CA
1. Considered as having never to - The argument that there is no need to file a
have taken place and cannot be petition for a declaration of nullity of marriage
the source of rights if there exists no intention to remarry is
2. Can never WRONG.
be ratified - Declaration of nullity of marriage can be used
3. Can be for other “marriage matters” such as property
attacked relations.
collaterally
4. Can be questioned even
after the death of either
party
5. Action or defense for nullity has no
prescription
6. Any proper interested party may Carino v. Carino
attack a void marriage - Application of Sempio-Dy doctrine
7. No legal - B$"&.(*?(C"%&5"=*(;(D"’545&E(*?(A"##5"=$
effects (<*3’4( *%’E(F$("&&"<G$4(<*’’"&$#"’’E
except those - In death, he left money for who survived him;
declared by But, which Susan?
law - Marriage to Susan #1 was void because of the
concerning absence of a marriage license
the - FC 147 applies
properties - Marriage to Susan #2 was also void because
of even if marriage to Susan #1 was void, there
the was no declaration of nullity of marriage before
marriage to Susan #2
alleged - FC 148 could have applied
spouses, - Susan #1 got 50% of Santiago’s estate, as
coowner, not as an heir
regarding
co-
ownership or ownership
through actual joint
contribution and effect on
the children provided by
Art. 50.
8. Children remain
legitimate ○ Voidable
 1. Valid until otherwise
declared by court
2. Can be ratified
by free
cohabitation or
prescription
3. Cannot be assailed
collaterally
4. Can be assailed only
during the
lifetime of the parties
Bobis v. Bobis
5. Only parties can assail it
- Contracting a second marriage before the
6. Has a
judicial declaration of nullity of the first
prescription
marriage assumes the risk of being
period prosecuted for bigamy
- The criminal case (for bigamy) may not be
Wiegel v. Sempio-Dy
suspended on the ground of the pendency of
- Decided upon by the Court on August 19,
a civil case for declaration of nullity.
1986
- Prior to this, there was no need for the
declaration of nullity of marriage if the subject
Mercado v. Tan Morigo v. People
marriage is void
- Since the decision of this case, - there
Firstexists
marriagea null and - There was no first
need for the previous marriage to voidbe judicially
ab initio under FC marriage
declared as void before contracting 36 a - No ceremony
subsequent marriage - But there was an - No solemnization
ostensible marriage - No first marriage at all
Terre v. Terre - Children of first - Children of first
- A judicial declaration of nullity marriage
is requiredremain marriage are now
before a valid subsequent marriage can be
legitimate illegitimate
contracted; or else, what transpires is a
bigamous marriage, reprehensible and
immoral. Article 40 of theTenebro Family v.CodeCA
expressly requires a judicial declaration of
- First marriage void: no ceremony
nullity of marriage, thus: - Second marriage void: no declaration of nullity
- FC 40. The absolute nullity of a previous of first (under FC)
marriage may be invoked for purposes of
- The subsequent judicial declaration of nullity of
remarriage on the basis solely of marriage a final on the ground of psychological
judgment declaring such previous marriage incapacity does not retroact to the date of the
void. celebration of the marriage insofar the
7. Conjugal country’s penal laws are concerned.
partnership
8. Children remain
legitimate

- Subsequent marriage is bigamous.

- Justice Vitug, concurring: The judicial
declaration of nullity of a bigamous marriage
on the ground of psychological Lasanas v. People
incapacity
merely nullifies the effects of the marriageperson
- Any but who contracts a second marriage
does not negate the fact or perfection of thefirst having a judicial decaration of the
Teves v. itPeople withoutf
Montanezbigamous
- Cipriano
v. Bigamy is not a private crime; non-victim
marriage. nullity of his or her first marriage, albeit on its
- - Respondent contracted a face can
subsequent void and inexistent for lack of a marriage
Justice Carpio, dissent: If the second
marriage
file while the first SSS
marriage v. license,
Azote
was still is guilty of bigamy as defined and
marriage is void on grounds other penalized than the by Art. 349 of the RPC.
subsisting.
- In thisof case,thethe uncle - The burden to prove that the first marriage
existence first ofmarriage
the aggrieved
- The (ex.
action for dissolved
the declaration
- Felony is filedconsummated on the has
celebration
Castillo v. not
of
Castillo been is withof theabsolute
party
Psychological incapacity), the nullity nullity does
attacking not
of marriage
the shall
validity not
ofathe prescribe.
second marriage.of
the second- from marriage
Cenon or subsequent
Teves was - Under
marriage;
able to secure the
a Civil Code, judicial declaration
proceed its illegality or bigamous
- The
Santiago nature.
v. presumption
Phils. in that
favorisof theabinnocence of
that the annulment
declaration of of respondent’s
nullity before the nullity of a marriage
first
criminal void initio is not
Therefore, the subsequent marriage the is not
marriage oninformation the ground - he Both
of psychological
was filed, but isdefendant
required the husband
still fromand
before crime
the or wrongwife
contracting
second aandcanof be
the
second
v.bigamous.
Nollora incapacity
People was no effect, since criminally although marriage.
sued
legality for of
itliable
was bigamy.
the second marriage will prevail
- The
void first
ab marriage
initio,
- Crime must
the beof
first valid for-bigamy
marriage the Note:
Husband
second
over
may Thisas
the
was
still isprincipal,
not applicable
presumption and theunder
of second the as
wife
continuanceFamilyof
marriage to be bigamous.
produce legal consequences. Code
accomplice.
the
committed already and
marital the Wiegel
relation doctrine.
with the first spouse.
 exists.

Subsequent marriage, upon reappearance of

absent spouse

FC 41. A marriage contracted by any person

during

Capili v. People
- Subsequent declaration of nullity of the second
marriage is not a ground for dismissal of the
criminal case of bigamy.
subsistence of a previous marriage shall be null
and void, unless before the celebration of the
subsequent marriage, the prior spouse had been
absent for four consecutive years and the spouse
present has a well-founded belief that the absent
spouse was already dead. In case of
disappearance where there is danger of death
under the
circumstances set forth in the provisions of Art
391 of
People v. Odtuhan
- A judicial declaration of nullity is required
before a valid subsequent marriage can be
contracted.
- As long as there is no such declaration (of
nullity), the presumption is that the marriage
the Civil Code, an absence of only two years shall
be sufficient.
For the purpose of contracting the
subsequent marriage under the preceding
paragraph the spouse present must institute a
summary proceeding as provided in this Code for
the declaration of presumptive death of the
absentee, without prejudice to the effect of
reappearance of the absent spouse.

marriage or
FC 42. The declaring it void
subsequent ab initio.
marriage referred A sworn
to in the preceding statement of the
Article shall be fact and
automatically circumstances of
terminated by the reappearance
recording of the shall be recorded
affidavit of in the civil registry
reappearance of of the residence
the absent spouse, of the parties to
unless there is a the subsequent
judgment annulling marriage at the
the previous instance of any
interested person, conjugal
with due notice to partnersh
the spouses of the ip
subsequent property
marriage and shall be
without prejudice to forfeited
the fact of in favor of
reappearance the
being judicially common
determined in case children
such fact is or, if
disputed. there are
none, the
FC 43. The children
termination of the of the
subsequent guilty
marriage referred spouse
to in the preceding by a
Article shall previous
produce the marriage
following effects: or in
1. The default of
children of children,
the the
subsequent innocent
marriage spouse;
conceived 3. Donation
prior to its s by
termination reason of
shall be marriage
considered shall
legitimate; remain
2. The valid,
absolute except
community that if the
of property donee
or the contracte
conjugal d the
partnership marriage
, as the in bad
case may faith,
be, shall be such
dissolved donations
and made to
liquidated, said
but if either donee
spouse are
contracted revoked
said by
marriage in operation
bad faith, of law;
his or her 4. The
share of innocent
the net spouse
profits of may
the revoke
community the
property or designati
 on of the still lives, he shall
other be presumed
spouse dead for all
who acted purposes, except
in bad faith for those of
as succession. The
beneficiary absentee shall
in any not be presumed
insurance dead for the
policy, purpose of
even if opening his
such succession till
designation after an absence
be of ten years. If he
stipulated disappeared after
as the age of
irrevocable; seventy-five
and years, an
5. The absence of five
spouse years shall be
who sufficient in order
contracted that his
the succession may
subsequent be opened.
marriage in
bad faith Notes:
shall be 1. Who shall be
disqualified presumed
to inherit dead - NCC
from the 391
innocent a. Perso
spouse by n on
testate and board
intestate a
succession craft
. that
goes
FC 44. If both missi
spouses of the ng for
subsequent 4
marriage acted in years
bad faith, said since
marriage shall be the
void ab initio and craft
all donations by went
reason of marriage missi
and testamentary ng
dispositions made b. Perso
by one in favor of n in
the other are the
revoked by arme
operation of law. d
force
FC 390. After an s at
absence of seven war
years, it being and
unknown whether has
or not the absentee been
 missin abse
g for 4 nt
years spou
c. Person se
in was
danger alrea
of dy
death dead.
and c. A
has sum
been mary
absent proce
and eding
unhear for
d of for the
4 years decla
2. Subsequent ration
marriage upon of
the presu
reappearance mptiv
of absent e
spouse is not a death
defective and
marriage. It is a the
valid marriage. issua
3. Requisites for nce
marriage under by
FC 41: the
a. Absenc Court
e of a of a
prior decla
spouse ration
for at of
least 4 presu
consec mptiv
utive e
years death
of 2 ”
consec 4. How to
utive establish
years if “well-founded
the belief”
circum a. Petiti
stance oner
s fall must
under testify
Art. how
391 of many
the years
NCC. has
b. Survivi the
ng spou
spouse se
has a been
well- missi
founde ng.
d belief b. Decla
that the re
 and affi
prove da
sufficie vit
nt of
effort re
was ap
exerted pe
to find ar
missin an
g ce
spouse of
. th
c. Provid e
e ab
witness se
es to nt
corrob sp
orate ou
preced se
ent in
facts. th
5. Rules for e
marriages civ
under FC 41: il
a. The re
second gis
marria try
ge is of
valid th
until it e
is re
termina sid
ted en
under ce
FC 43. of
b. Genera th
l rule: e
i. The pa
term rti
inati es
on to
of th
the e
sec su
ond bs
marr eq
iage ue
take nt
s m
effe arr
ct iag
upo e.
n ii. Th
the e
reco affi
rdin da
g of vit
the of
 reap y
pear of
anc th
e e
may firs
be t
filed m
“at arr
the iag
inst e.
anc 6. Upon the
e of termination of
any the second
inter marriage,
este children of
d the
pers subsequent
on.” marriage
c. Excepti born prior to
on to termination
the shall remain
rule: legitimate.
i. Ther 7. If the wife is
e is pregnant
no from the
term subsequent
inati marriage and
on gave birth
of after the
the termination of
sec the same,
ond child is still
marr legitimate.
iage 8. When a valid
if marriage is
ther terminated,
e the
wer separation of
e a properties
judg shall be
men governed by:
t of a. Art.
ann 102 if
ulm ACP
ent b. Art.
or 129 if
nullit CPG

Jones v. Hortiguela Republic v. Catubag

- Absence must be counted from the day of last
- H*($+&"F’5+.($I&#"($??*#&(5%(+$"#<.5%=(
news about the missing spouse’s whereabouts
*#("F+$%&( +J*3+$(;(#$J*#&(&*(&.$(J*’5<$
Republic v. Nolasco
- There is an absolute need to present
wellfounded belief that the surviving spouse
SSS v.
put in extra effort to look for absent Jarque
spouse
- Reappearance of absentee spouse will not
automatically invalidate subsequent marriage.
Bienvenido v. CA - Absentee spouse must file an affidavit or
- The spouse who left cannot be the spouse who
reappearance to re-obtain juridical capacity
will seek to declare the other and capacity to act. This will terminate the
spouse
presumptively dead. subsequent marriage
- No 2 valid marriages may subsist at the same
time.
Republic v. Cantor
- Search for the missing spouse must be active
- Must Involve the police force
Procedure

Bad Faith of Both Spouses

FC 44. If both spouses of the subsequent

Republic v. Hon. Estrada
- Missing spouse had been gone for 30 years
- Spouse could really be presumed dead due to
possible encounter with NPA
marriage acted in bad faith, said marriage shall
be void ab initio and all donations by reason of
marriage and testamentary dispositions made by
one in favor of the other are revoked by operation
of law.

marriage
Republic v. Villanueva
- Failed to prove effort to find missing spouse due
to failure to present witnesses to
corroborate precedent facts
referred to in the preceding Article shall produce
the following effects:
1. The children of the subsequent marriage
conceived prior to its termination shall be
considered legitimate;
2. The absolute community of property or the
Republic v. Sarenogon
- Essential requisites for presumptive
death
1. Absent spouse missing for 4
consecutive years
- Or 2+ years if in service (deployed
in military
operation)
2. Intent to remarry
3. Active search by surviving spouse
(extra effort)
- Ask around; neighbors and
relatives
- Report to authorities
- Use media platform
- Cause for publication
conjugal partnership, as the case may be,
shall be dissolved and liquidated, but if either
spouse contracted said marriage in bad faith,
his or her share of the net profits of the
community property or conjugal partnership
property shall be forfeited in favor of the
common children or, if there are none, the
children of the guilty spouse by a previous
marriage or in default of children, the
innocent spouse;
3. Donations by reason of marriage shall remain
valid, except that if the donee contracted the
marriage in bad faith, such donations made to
said donee are revoked by operation of law;
4. The innocent spouse may revoke the
designation of the other spouse who acted in
bad faith as beneficiary in any insurance
policy, even if such

Republic v. Tampus
- Burden is on the first spouse to prove that they
entertained a belief that missing spouse was
dead.
5. The spouse who contracted the subsequent
marriage in bad faith shall be disqualified to
inherit from the innocent spouse by testate
and intestate succession.

FC 40. The absolute nullity of a previous

marriage may be invoked for purposes of
remarriage on the basis solely of
a final
judgment
declaring such
previous
marriage void.
FC 45. A marriage with the
may be annulled for other as
any of the following husband
causes, existing at and wife;
the time of the 3. That the
marriage: consent of
1. That the either party
party in was
whose obtained by
behalf it is fraud,
sought to unless such
have the party
marriage afterwards,
annulled with full
was knowledge
eighteen of the facts
years of age constituting
or over but the fraud,
below freely
twenty-one, cohabited
and the with the
marriage other as
was husband
solemnized and wife;
without the 4. That the
consent of consent of
the parents, either party
guardian or was
person obtained by
having force,
substitute intimidation
parental or undue
authority influence,
over the unless the
party, in that same having
order, disappeared
unless after or ceased,
attaining the such party
age of thereafter
twenty-one, freely
such party cohabited
freely with the
cohabited other as
with the husband
other and and wife;
both lived 5. That either
together as party was
husband physically
and wife; incapable of
2. That either consummati
party was of ng the
unsound marriage
mind, unless with the
such party other, and
after coming such
to reason, incapacity
freely continues
cohabited and appears
 to be ab
incurable; or initio
6. That either exce
party was pt
afflicted with don
a atio
sexuallytran ns
smissible mad
disease e in
found to be the
serious and marr
appears to iage
be settl
incurable. eme
nts,
Art. 81. Everything whic
stipulated in the h
settlements or shall
contracts referred to be
in the preceding gov
articles in erne
consideration of a d by
future marriage, Artic
including donations le
between the 81;
prospective spouses 2. Whe
made therein, shall n
be rendered void if the
the marriage does marr
not take place. iage
However, take
stipulations that do s
not depend upon the plac
celebration of the e
marriages shall be with
valid. out
the
Art. 86. A donation cons
by reason of ent
marriage may be of
revoked by the the
donor in the pare
following cases: nts
1. If or
the guar
marr dian
iage , as
is requ
not ired
cele by
brat law;
ed 3. Whe
or n
judic the
ially marr
decl iage
ared is
void ann
 ulled atitu
, de
and as
the spec
don ified
ee by
acte the
d in prov
bad ision
faith s of
; the
4. Upo Civil
n Cod
legal e on
sep don
arati atio
on, ns in
the gen
don eral.
ee
bein Notes:
g ● Always
the associate
guilt bad faith
y with
spo forfeiture.
use; ● When there
5. If it exists no
is marriage
with ○
a on voided marriage
reso ○
lutor on legal impediment
y
con Republic v. Granada
ditio - FC 43, if only one of the contracting parties
n acted in bad faith
and - -)(KKL(M.$%(F*&.("<&$4(5%(F"4(?"5&.(;
the ( D*54( "F( 5%5&5*( "%4( 4*%"&5*%+( "#$(
con #$D*G$4(FE(*J$#"&5*%(*?(’"M
ditio
n is
com
Psychological
plied
Incapacity
with;
6. Whe
n FC 36. A marriage
the contracted by any
don party who, at the
ee time of the
has celebration, was
com psychologically
mitt incapacitated to
ed comply with the
an essential marital
act obligations of
of marriage, shall
ingr likewise be void
even if such e
incapacity becomes ;
manifest only after E
its solemnization. x
i
Notes: s
● Always t
remember e
FC 36. n
● Why c
consider e
psychologic
al incapacity p
for the nullity r
of marriage? i
1. Will o
of r
the
part t
y is o
com
pro t
mise h
d e
2. Fail
ure m
to a
und r
erst r
and i
and a
act g
upo e
n
mari 2. Gra
tal vity
oblig ■
atio S
ns u
● To establish c
psychologic h
al incapacity
to nullify a t
marriage h
1. Juri a
dical t
ante t
ced h
ent e
■
R p
o a
o r
t t
c y
a
u w
s o
u d
l
d i
n
b
e m
a
i r
n r
c i
a a
p g
a e
b
l 3. Incu
e rabl
e
o ■
f E
c i
a t
r h
r e
y r
i
n a
g b
s
o o
u l
t u
t t
h e
e
(
o t
r h
d e
i r
n e
a
r e
y x
i
d s
u t
t s
i
e n
s o

r c
e u
q r
u e
i
r a
e t
a d
l
l t
) h
e
o
r m
e
r a
e n
l s
a
t o
i f
v t
e h
e
(
i p
n a
r
t t
h y
e
involved)
s ● Presentation
e of an expert
n witness
s does not
e guarantee
absolute
t proof of
h incapacity.
a
t
t
h
e

c
u
r
e

w
o
u
l
d

b
e

b
e
y
o
n
 - Failure to comprehend marital obligation is not
the same as failure to perform marital
obligation
- The latter is not a manifestation of
psychological incapacity
Santos v. CA
- This case defined the meaning of
psychological incapacity.
- It is characterized by:
a. Gravity
b. Juridical antecedence
c. Incurability
- The incapacity must be grave or serious such
that the party would be incapable of carrying
out the ordinary duties required in marriage,
rooted in the history of the party before the
marriage, and the cure would be beyond the
means of the party involved.

Chi Ming Tsoi v. CA Republic v. Tanyag-San Jose

- One of the essential marital obligations - Root
is to cause must antedate the marriage
procreate children through sexual cooperation
- Psychological incapacity =/= quirks and
and the senseless and refusal to cohabitidiosyncrasies
is a
manifestation of psychological incapacity.
- Although his penis is very small, he was very
much capable. Almelor v. RTC-Las Pinas
- Alleged homosexuality of husband w
suspected by the wife
Republic v. Molina
- Homosexuality is not
- Guidelines to establish psychological
psychologi
incapacity for nullification of marriage:
incapacity, and not a personality disorder
1. Burden of proof falls on petitioner
- When the presence of a predating marriage
2. Root cause must
concealed, it’s just a ground for annulme
medically/clinically proven
3. Presence of incapacity before/at the
time “I do’s” were exchanged
4. Proven to be grave, serious, Azcueta v. RP
incurable,
permanent - O+&"F’5+.$4(#**&(<"3+$(;($I5+&$4($D$%(F
( A"##5"=$(<$’$F#"&5*%
5. Catholic tribunal verdict if persuasive
- FC 36 has roots in Canon Law
6. Public prosecutor/OSG must appear
before Court during the proceedings
 Najera v. Najera
- Involves church annulment
- But grounds not psychological
incapacity, lack of discretion
- Cannot invoke FC 36
- Church annulment does not automatically
mean a couple is civilly annulled
- Article 40: separation of Church and State

Vinas v. Vinas
- Dr’ Tayag’s report was a generality
- Named the disorder but failed to
establish root cause
Antonio v. Reyes
Te v. Te
- Molina doctrine is not 100% applicable a
directive, the Court must still consider
decisive evidence the expert opinion on t
psychological and mental temperaments
the parties.

sisters,
Mallilin v. Jamesolamin whether of
the full or
- For a Church annulment to be recognized, the
half blood.
basis of the Church annulment should be
similar to Art. 36.
Please memorize
Art. 38 –
Go-Yu v. Yu
Marriagesincapacity
- Despite proven psychological againstat the
Public Policy
time of the marriage, one can be proven to
Art.
understand and be proven to38.
performThe
following marriages
shall be void from
Incestuous the beginning for
marriages reasons of public
policy:
Art. 37. Marriages 1. Between
between the collateral
following are blood
incestuous and void relatives
from the beginning, whether
whether relationship legitimate or
between the parties illegitimate,
be legitimate or up to the
illegitimate: fourth civil
1. Between degree;
ascendants 2. Between
and step-parents
descendants and step-
of any children;
degree; and 3. Between
2. Between parents-in-
brothers and
 law and marriage shall be
children-in- null and void.
law;
4. Between the Art. 52. The
adopting judgment of
parent and annulment or of
the adopted absolute nullity of
child; the marriage, the
5. Between the partition and
surviving distribution of the
spouse of properties of the
the adopting spouses and the
parent and delivery of the
the adopted children's
child; presumptive
6. Between the legitimes shall be
surviving recorded in the
spouse of appropriate civil
the adopted registry and
child and the registries of
adopter; property; otherwise,
7. Between an the same shall not
adopted affect third persons
child and a
legitimate Notes:
child of the ● When can a
adopter; person have
8. Between a
adopted subsequent
children of marriage:
the same After the
adopter; and judgment of
9. Between annulment
parties or absolute
where one, nullity of
with the marriage
intention to has been
marry the recorded in:
other, killed 0 The
that other civil
person's regi
spouse, or stry
his or her ○
own spouse. Registries of property
● If a party
Non-compliance would
with the subsequentl
Requirements of y marries
Article 53 Art. 53. without
Either of the former complying
spouses may marry with these
again after requirement
compliance with the s, the
requirements of the subsequent
immediately marriage
preceding Article; shall be
otherwise, the void.
subsequent
● BUT if the wing
marriage is Art.
declared 147
void ab initio and
under Art. Art.
36, a 148,
subsequent extr
marriage ajud
can be icial
performed arra
even without nge
waiting for men
the t of
liquidation of sep
the arati
properties of on
the parties of
under Art. prop
147 and ertie
148. s
0 Pro can
perti be
es perf
of orm
marr ed
iage later
s after
diss the
olve decl
d arati
und on
er of
Art. nullit
36 y or
are ann
gov ulm
erne ent.
d by
Art. Who Can Invoke
147 Nullity
(coo Art. 39. The action
wne or defense for the
rshi declaration of
p) or absolute nullity of a
Art. marriage shall not
148 prescribe.
(limi
ted Art. 40. The
coo absolute nullity of a
wne previous marriage
rshi may be invoked for
p). purposes of
○ In remarriage on the
Diño basis solely of a
v. final judgment
Diño declaring such
, previous marriage
follo void.
 t
A.M. No. 02-11-10- a
SC, Section 2(a). k
Petition for e
declaration of n
absolute nullity of
void marriages. – (a) p
Who may file. – A l
petition for a
declaration of c
absolute nullity of e
void marriage may
be filed solely by the a
husband or the wife. n
d
Notes:
● Void: c
declaration a
of nullity; n
Voidable: n
petition for o
annulment t
○ Void b
1. C e
o
n t
s h
i e
d
e s
r o
e u
d r
c
a e
s
o
h f
a r
v i
i g
n h
g t
s
n
e 2. C
v a
e n
r
n
t e
o v
e
h r
a
v b
e e
 r e
a n
t
i a
f f
i t
e e
d r

3. C t
a h
n e

b d
e e
a
a t
t h
t
a o
c f
k e
e i
d t
h
c e
o r
l
l p
a a
t r
e t
r y
a
l 5. A
l c
y t
i
4. C o
a n
n
o
b r
e
d
q e
u f
e e
s n
t s
i e
o
n f
e o
d r

e n
v u
l 6.
l A
i n
t y
y
p
h r
a o
s p
e
n r
o i
n
p t
r e
e r
s e
c s
r t
i e
p d
t
i p
o a
n r
t
y

m
a
y

a
t
t
a
c
k

v
o
i
d

m
a
r
r
i
a
g
e

7. N
o
l o
e p
g e
a r
l t
e i
f e
f s
e
c
t o
s f

e t
x h
c e
e
p
t a
t l
h l
o e
s g
e e
d
d
e s
c p
l o
a u
r s
e e
d s
,
b
y r
e
l g
a a
w r
d
c i
o n
n g
c
e
r c
n o
i o
n w
g n
e
t r
h s
e h
i
p p
r
o t
r h
e
o
w c
n h
e i
r l
s d
h r
i e
p n

t p
h r
r o
o v
u i
g d
h e
d
a
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a l
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i 6. H
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 e at the time
r of the
i Family
o Code, only
d the husband
or wife can
7. C file for a
o declaration
n of absolute
j nullity of
u void
g marriage.
a
l
Niñal v. Bayadog
p
- Void and voidable marriages are not identical
a
as distinguished from above.
r
- Under the NCC, any proper interested party
t
may file for a declaration of nullity of marriage.
n
e
r Enrico v. Heirs of Sps. Medinaceli
s - Under A.M. No. 02-11-10-SC, for marriages
h celebrated at the time of the Family Code,
i only the husband or wife can file for a
p declaration of absolute nullity of void
marriage.
8. C - However, heirs or any proper interested party
h may still corollarily assail the void marriage in
i a proceeding for the settlement of the estate
l of the deceased spouse filed in the regular
d courts.
r
e When to file action
n for declaration of
nullity FC 39. The
r action or defense for
e the declaration of
m absolute nullity of a
a marriage shall not
i prescribe.
n
FC 42(2). A sworn
l statement of the fact
e and circumstances
g of reappearance
i shall be recorded in
t the civil registry of
i the residence of the
m parties to the
a subsequent
t marriage at the
e instance of any
interested person,
● Under A.M. with due notice to
No. 02-11- the spouses of the
10-SC, for subsequent
marriages marriage and
celebrated without prejudice to
the fact of for
reappearance being declaration
judicially determined of nullity of a
in case such fact is void
disputed. marriage
and an
Procedure in annulment
actions for of a voidable
declaration of marriage
nullity 3. No motion to
1. Requisites dismiss of a
for valid petition for
remarriage declaration
a. A of nullity
decl may be filed.
arati
on Requisites for valid
of remarriage
nullit
y of FC 53. Either of the
a former spouses may
void marry again after
marr compliance with the
iage requirements of the
b. An immediately
ann preceding Article;
ulm otherwise, the
ent subsequent
of a marriage shall be
void null and void.
able
marr FC 52. The
iage judgment of
c. A annulment or of
decl absolute nullity of
arati the marriage, the
on partition and
of distribution of the
pres properties of the
ump spouses and the
tive delivery of the
deat children's
h of presumptive
the legitimes shall be
first recorded in the
spo appropriate civil
use registry and
d. Dea registries of
th of property; otherwise,
the the same shall not
first affect third persons
spo
use Safeguards against
2. Safeguards collusion
against FC 48. In all cases
collusion of annulment or
applicable to declaration of
all petitions absolute nullity of
marriage, the Court
shall order the NCC 2035 - No
prosecuting attorney compromise upon
or fiscal assigned to the following
it to appear on questions shall be
behalf of the State valid:
to take steps to (1) The civil
prevent collusion status of
between the parties persons;
and to take care that (2) The validity
evidence is not of a
fabricated or marriage or
suppressed. a legal
In the cases separation;
referred to in the (3) Any ground
preceding for legal
paragraph, no separation;
judgment shall be (4) Future
based upon a support;
stipulation of facts or (5) The
confession of jurisdiction
judgment. of courts;
(6) Future
Malcampo-Sin v. Sin and Anchetalegitime.v. Ancheta
- The prosecuting attorney or fiscal is ordered to
appear on behalf ofA.M.
the State
No. for the purpose
02-11-10-
of preventing anySC. collusion
March 4,between
2003 the
parties and take care that2their
Sec. evidence
- Petition for is not
declaration
fabricated or suppressed. of
absolute nullity of
void marriages.
On No Confession
of Judgment (a) Who may
file. -
FC 48 - In all cases
Husband or
of annulment or
the wife.
declaration of
absolute nullity of (b) Where to
marriage, the Court file. - Family
shall order the Court.
prosecuting attorney (c) Imprescripti
or fiscal assigned to bility of
it to appear on action or
behalf of the State defense. -
to take steps to An action or
prevent collusion defense for
between the parties the
and to take care that declaration
evidence is not of absolute
fabricated or nullity of
suppressed. void
In the cases marriage
referred to in the shall not
preceding prescribe.
paragraph, no (d) What to
judgment shall be allege. - A
based upon a petition
stipulation of facts or under Article
confession of 36 of Family
judgment. Code shall
 specially judgment.
allege the
complete Tolentino v. Villanueva
facts
- The SC upheld the dismissal of the petition for
showing the
annulment by the lower court since petitioner
either or
Romulo was not willing to submit himself for
both parties
were interrogation by the City Fiscal to allow the
psychologic latter to determine whether collusion exists.
ally
incapacitate Participation of the
d from OSG
complying Mendoza v. Republic
with the - The SC held that A.M. No. 02-11-10 empowers
essential the OSG to oppose petitions for, and to
marital appeal judgments in favor of declarations of
obligations nullity of marriage under Arti 36 of the FC.
of marriages The obvious intent of the Resolution was to
at the time require the OSG to appear as counsel for the
of the
State in the capacity of a defensor vinculi (i.e.,
celebration
defender of the marital bond) thereby
of marriage
ensuring that only the meritorious cases for
even if such
incapacity the declaration of nullity of marriages based
becomes on psychological incapacity-those sufficiently
manifest evidenced by gravity, incurability and juridical
only after its antecedencewould succeed.
celebration.
The No Motion to
complete Dismiss
facts should Aurelio v. Aurelio
allege the
physical - Sec. 7 of A.M. No. 02-11-10 13 prohibits the
manifestatio filing of a motion to dismiss in actions for
ns, if any, as annulment of marriage.
are
indicative of
psychologic Other Matters
al incapacity
at the time Chan v. Chan
of the - The time to object to the admission of
celebration evidence would be at the time they are offered
(under Sec. 36, Rule 132 of the ROC).
of the
- A motion for production of documents is
marriage but
available to a litigant prior to trial but this is
expert
limited to the documents which are “not
opinion
privileged”
need not be - The physician-patient privileged
alleged.
communication rule essentially means that a
physician who gets information while
Jocson v. Robles professionally attending a patient cannot, in a
- The trial court denied Jocson’s motion
civil case, for
be examined without the patient’s
summary judgement ruling that presentation
consent as to any fact which would blacken
of evidence is required. ThetheSC upheld
latter’s the
reputation.
decision of the lower court citing Art 88 and
101 of the NCC which prohibit the rendition of
a decree of annulment of a marriage upon a
stipulation of facts or a confession of
Effects of legal separation, the
pendency of action court may order that
for declaration of the guilty spouse
nullity shall give support to
the innocent one,
Effects of Pending specifying the terms
Actions/Decree (FC of such order.
49)
1. The court Effects of res
shall provide judicata
for the
Mallion v.
support of
Alcantara
the spouses
2. The custody When Mallion’s
and support first petition for the
of the declaration of
common nullity
children, of his marriage
giving under Art 36 was
paramount denied; his
consideratio subsequent
n to their petition seeking
moral and the nullity of his
material marriage on the
welfare, ground of lack of a
their choice valid marriage
of parent license was also
with whom denied by the SC
they wish to on the ground of
remain. res judicata
3. The court
shall also Effects of final
provide for judgement
visitation declaring nullity
rights of 1. FC 50(1) -
other parent. The effects
provided for
FC 198 - During the by
proceedings for paragraphs
legal separation or (2), (3), (4)
for annulment of and (5) of
marriage, and for FC 43 and
declaration of nullity by FC 44
of marriage, the shall also
spouses and their apply in the
children shall be proper
supported from the cases to
properties of the marriages
absolute community which
or the conjugal are declared
partnership. After ab initio or
the final judgment annulled by
granting the petition, final
the obligation of judgment
mutual support under FC 40
between the and FC 45
spouses ceases. 2. Final
However, in case of judgment in
such cases judic
shall provide ial
for the proc
liquidation, eedi
partition, ngs
and - FC
distribution 50(2
of the: ) &
- Pro FC
perti 50(3
es ): All
of cred
the itors
spo (of
use the
s spo
- Cust use
ody s/pr
and oper
sup ty
port
of regi
the me)
com
mon shall
child
ren be
- FC notif
50(2 ied
): of
Deli the
very proc
of eedi
their ngs
pres for
ump liqui
tive dati
legiti on
mes 3. FC 50(4) - In
unle the partition,
ss the conjugal
suc dwelling and
h lot shall be
matt adjudicated
ers to the
had spouse with
bee whom
n majority of
adju the common
dica children
ted remain (FC
102 and
in 129)
4. Presumptive
prev legitimes,
ious computed
as of the
date of the
final - FC
judgment, 51(3
shall be ):
delivered in The
cash, deliv
property or ery
sound of
securities the
- FC pres
51(1 ump
): tive
Unle legiti
ss mes
the shall
parti not
es, prej
by udic
mut e
ual the
agre ulti
eme mat
nt e
judic succ
ially essi
appr onal
ove right
d, s,
had but
alre the
ady valu
prov e of
ided the
for prop
suc ertie
h s
- FC alre
51(2 ady
): rece
The ived
child shall
ren, be
guar con
dian side
, or red
trust as
ee adv
may anc
ask es
for on
the their
enfo legiti
rce me
men 5. FC 53 -
t of Either of the
the former
judg spouses
men may marry
t again
 AFTER declared ab initio or
compliance annulled by final
with the judgment under FC
requirement 40 and 45.
s of FC 52, The final
otherwise, judgment in such
the cases shall provide
subsequent for the liquidation,
marriage is partition and
void distribution of the
properties of the
Requirement (FC spouses, the
52)— recording in custody and support
the appropriate civil of the common
registry AND children, and the
registries of delivery of third
property: presumptive
a. judgment legitimes, unless
of such matters had
been adjudicated in
annulment/a previous judicial
bsolute proceedings.
All creditors
nullity of of the spouses as
marriage well as of the
b. partition and absolute community
distribution or the conjugal
of the partnership shall be
properties of notified of the
the spouses proceedings for
c. delivery of liquidation.
the In the
children’s partition, the
presumptive conjugal dwelling
legitimes and the lot on which
- it is situated, shall
be adjudicated in
othe accordance with the
rwis provisions of Articles
e, 102 and 129.
thes
e FC 51 - In said
shall partition, the value
not of the presumptive
affe legitimes of all
ct common children,
third computed as of the
pers date of the final
ons judgment of the trial
court, shall be
FC 50 - The effects delivered in cash,
provided for by property or sound
paragraphs (2), (3), securities, unless
(4) and (5) of FC 43 the parties, by
and by FC 44 shall mutual agreement
also apply in the judicially approved,
proper cases to had already
marriages which are
provided for such marriage shall be
matters. null and void.
The children
or their guardian or FC 54 - Children
the trustee of their conceived or born
property may ask for before the judgment
the enforcement of of annulment or
the judgment. absolute nullity of
The delivery the marriage under
of the presumptive Article 36 has
legitimes herein become final and
prescribed shall in executory shall be
no way prejudice the considered
ultimate legitimate. Children
successional rights conceived or born of
of the children the subsequent
accruing upon the marriage under
death of either of Article 53 shall
both of the parents; likewise be
but the value of the legitimate.
properties already
received under the
decree of annulment
Villarica v.
or absolute nullity
shall be considered Villarica
as advances on their Ludivina and
legitime. William was
married twice.
FC 52 - The RTC declared the
judgment of second marriage
annulment or of null and void on
absolute nullity of the ground of
the marriage, the psychologically
partition and incapacitated. The
distribution of the civil registrar
properties of the refused to enter
spouses and the into its civil
delivery of the registry the
children's decision of the
presumptive RTC contending
legitimes shall be that the first
recorded in the marriage was still
appropriate civil subsisting
registry and because it was not
registries of a subject of the
property; otherwise, RTC decision. SC
the same shall not held that the issue
affect third persons. on respondent's
psychological
FC 53 - Either of the incapacity has
former spouses may already been
marry again after settled and the
compliance with the filing of a new
requirements of the action to nullify the
immediately first marriage on
preceding Article; the same ground
otherwise, the city is already
subsequent barred by the
 doctrine of res purposes of
judicata. remarriage on the
basis solely of a
final judgment
On remarriage
declaring such
Either of the previous marriage
former spouses may void.
marry again AFTER
compliance with the
FC 41 - A marriage
requirements of FC
contracted by any
52, otherwise, the
person during
subsequent
subsistence of a
marriage is void (FC
previous marriage
53)
shall be null and
void, unless before
Requirement (FC the celebration of
52)— recording in the subsequent
the appropriate civil marriage, the prior
registry AND spouse had been
registries of absent for four
property: consecutive years
a. judgment and the spouse
of present has a well-
founded belief that
annulment/a the absent spouse
bsolute was already dead.
In case of
nullity of disappearance
marriage where there is
b. partition and danger of death
distribution under the
of the circumstances set
properties of forth in the
the spouses provisions of Article
c. delivery of 391 of the Civil
the Code, an absence
children’s of only two years
presumptive shall be sufficient.
legitimes
- On rights and
obligation between
othe the former
rwis spouses FC 68 -
e, The husband and
thes wife are obliged to
e live together,
shall observe mutual
not love, respect and
affe fidelity, and render
ct mutual help and
third support.
pers
ons
FC 69 - The
husband and wife
FC 40 - The shall fix the family
absolute nullity of a domicile. In case of
previous marriage disagreement, the
may be invoked for court shall decide.
 The court commits acts which
may exempt one tend to bring
spouse from living danger, dishonor or
with the other if the injury to the other or
latter should live to the family, the
abroad or there are aggrieved party may
other valid and apply to the court for
compelling reasons relief.
for the exemption.
However, such On the property
exemption shall not regime of the
apply if the same is marriage
not compatible with
the solidarity of the Man and woman
family. living together as
husband and wife
FC 70 - The with capacity to
spouses are jointly marry (without
responsible for the legal
support of the impediments): FC
family. The 147 - When a man
expenses for such and a woman who
support and other are capacitated to
conjugal obligations marry each other,
shall be paid from live exclusively with
the community each other as
property and, in the husband and wife
absence thereof, without the benefit
from the income or of marriage or under
fruits of their a void marriage,
separate properties. their wages and
In case of salaries shall be
insufficiency or owned by them in
absence of said equal shares and
income or fruits, the property
such obligations acquired by both of
shall be satisfied them through their
from the separate work or industry
properties. shall be governed
by the rules on co-
FC 71 - The ownership.
management of the In the
household shall be absence of proof to
the right and the the contrary,
duty of both properties acquired
spouses. The while they lived
expenses for such together shall be
management shall presumed to have
be paid in been obtained by
accordance with the their joint efforts,
provisions of Article work or industry,
70. and shall be owned
by them in equal
FC 72 - When one shares. For
of the spouses purposes of this
neglects his or her Article, a party who
duties to the did not participate in
conjugal union or the acquisition by
the other party of FC 148 - In cases of
any property shall cohabitation not
be deemed to have falling under the
contributed jointly in preceding Article,
the acquisition only the properties
thereof if the acquired by both of
former's efforts the parties through
consisted in the care their actual joint
and maintenance of contribution of
the family and of the money, property, or
household. industry shall be
Neither party owned by them in
can encumber or common in
dispose by acts inter proportion to their
vivos of his or her respective
share in the property contributions. In the
acquired during absence of proof to
cohabitation and the contrary, their
owned in common, contributions and
without the consent corresponding
of the other, until shares are
after the termination presumed to be
of their cohabitation. equal. The same
When only rule and
one of the parties to presumption shall
a void marriage is in apply to joint
good faith, the share deposits of money
of the party in bad and evidences of
faith in the co- credit.
ownership shall be If one of the
forfeited in favor of parties is validly
their common married to another,
children. In case of his or her share in
default of or waiver the co-ownership
by any or all of the shall accrue to the
common children or absolute community
their descendants, or conjugal
each vacant share partnership existing
shall belong to the in such valid
respective surviving marriage. If the party
descendants. In the who acted in bad
absence of faith is not validly
descendants, such married to another,
share shall belong to his or her shall be
the innocent party. forfeited in the
In all cases, the manner provided in
forfeiture shall take the last paragraph of
place upon the preceding
termination of the Article.
cohabitation. The
foregoing rules on
Man and woman forfeiture shall
living together as likewise apply even
husband and wife if both parties are in
who are not both bad faith.
capacitated to
marry (with legal
impediments) :
 Valdes v. QC-RTC shall be
considered
- Section 19(1) of A.M. No. 02-11-10-SC does
not apply to cases governed as by
advances
Art 147 and
148 of the FC. Hence, Art 50, and their
on 51 of the
legitimes
FC does not apply
- Also the doctrine in
FC 50 - The effects
provided for by
Barrido v. Nonato paragraphs (2), (3),
- When utilizing Art 147,(4)the
and (5) ofspouses
former Article own
43 and by Article
the family house and all their common 44
shall
property in equal shares also apply in
the proper cases to
marriages which are
On the legitimes of declared ab initio or
the common annulled by final
children judgment under
Presumptive Articles 40 and 45.
legitimes, computed The final
as of the date of the judgment in such
final judgment, shall cases shall provide
be delivered in cash, for the liquidation,
property or sound partition and
securities distribution of the
a. FC 51(1) - properties of the
Unless the spouses, the
parties, by custody and support
mutual of the common
agreement children, and the
judicially delivery of third
approved, presumptive
had already legitimes, unless
provided for such matters had
such been adjudicated in
b. FC 51(2) - previous judicial
The proceedings.
children/gua All creditors
rdian/trustee of the spouses as
may ask for well as of the
the absolute community
enforcement or the conjugal
of the partnership shall be
judgment notified of the
c. FC 51(3) - proceedings for
The delivery liquidation.
of the In the
presumptive partition, the
legitimes conjugal dwelling
shall not and the lot on which
prejudice it is situated, shall
the ultimate be adjudicated in
successiona accordance with the
l rights, but provisions of Articles
the value of 102 and 129.
the
properties FC 5 - In said
already partition, the value
received of the presumptive
legitimes of all property; otherwise,
common children, the same shall not
computed as of the affect third persons.
date of the final
judgment of the trial FC 53 - Either of the
court, shall be former spouses may
delivered in cash, marry again after
property or sound compliance with the
securities, unless requirements of the
the parties, by immediately
mutual agreement preceding Article;
judicially approved, otherwise, the
had already subsequent
provided for such marriage shall be
matters. null and void.
The children
or their guardian or NCC 886 - Legitime
the trustee of their is that part of the
property may ask for testator's property
the enforcement of which he cannot
the judgment. dispose of because
The delivery the law has
of the presumptive reserved it for
legitimes herein certain heirs who
prescribed shall in are, therefore, called
no way prejudice the compulsory heirs.
ultimate
successional rights NCC 888 - The
of the children legitime of legitimate
accruing upon the children and
death of either of descendants
both of the parents; consists of one-half
but the value of the of the hereditary
properties already estate of the father
received under the and of the mother.
decree of annulment
or absolute nullity FC 176 - Illegitimate
shall be considered children shall use
as advances on their the surname and
legitime. shall be under the
parental authority of
FC 52 - The their mother, and
judgment of shall be entitled to
annulment or of support in
absolute nullity of conformity with this
the marriage, the Code. The legitime
partition and of each illegitimate
distribution of the child shall consist of
properties of the onehalf of the
spouses and the legitime of a
delivery of the legitimate child.
children's Except for this
presumptive modification, all
legitimes shall be other provisions in
recorded in the the Civil Code
appropriate civil governing
registry and successional rights
registries of
shall remain in entry of the
force. judgment granting
the petition, or, in
NCC 908 - To case of appeal,
determine the upon receipt of the
legitime, the value of entry of judgment of
the property left at the appellate court
the death of the granting the petition,
testator shall be the Family Court, on
considered, motion of either
deducting all debts party, shall proceed
and charges, which with the liquidation,
shall not include partition and
those imposed in distribution of the
the will. properties of the
To the net spouses, including
value of the custody, support of
hereditary estate, common children
shall be added the and delivery of their
value of all presumptive
donations by the legitimes pursuant
testator that are to Articles 50 and 51
subject to collation, of the Family Code
at the time he made unless such matters
them. had been
adjudicated in
NCC 1061 - Every previous judicial
compulsory heir, proceedings. On the
who succeeds with status and custody
other compulsory of children
heirs, must bring Generally,
into the mass of the children born or
estate any property conceived within
or right which he void marriages are
may have received illegitimate.
from the decedent, Exceptions:
during the lifetime of a. Children
the latter, by way of conceived or
donation, or any born before
other gratuitous title, the
in order that it may judgment
be computed in the under Article 36 has
determination of the become final and
legitime of each executory
heir, and in the b. Children
account of the conceived or
partition. born of
subsequent
A.M. No. 02-11-10- marriages
SC. March 4, 2003 under FC 53
Sec 21 - Liquidation,
partition and FC 54 - Children
distribution, conceived or born
custody, support of before the judgment
common children of annulment or
and delivery of their absolute nullity of
presumptive the marriage under
legitimes. - Upon Article 36 has
become final and FC 165 - Children
executory shall be conceived and born
considered outside a valid
legitimate. Children marriage are
conceived or born of illegitimate, unless
the subsequent otherwise provided
marriage under in this Code.
Article 53 shall
likewise be NCC 369 - Children
legitimate. conceived before
the decree annulling
FC 213 - In case of a voidable marriage
separation of the shall principally use
parents, parental the surname of the
authority shall be father.
exercised by the
parent designated Mendez v. Shari’a District Court
by the Court. The - SC held that that the award of custody to Maliga
Court shall take into by the ShCC was baseless since no hearing
account all relevant was conducted. The Shariah Court merely
considerations,
stated that custody was to be awarded to
especially the
Maliga as it was in line with the child’s best
choice of the child
interest in all aspects of life, economically,
over seven years of
age, unless the socially, and religiously and nothing more.
parent chosen is
unfit. On use of
surnames
FC 164 - Children NCC 371 - In case
conceived or born of annulment of
during the marriage marriage, and the
of the parents are wife is the guilty
legitimate. party, she shall
Children resume her maiden
conceived as a name and surname.
result of artificial If she is the innocent
insemination of the spouse, she may
wife with the sperm resume her maiden
of the husband or name and surname.
that of a donor or However, she may
both are likewise choose to continue
legitimate children of employing her
the husband and his former husband's
wife, provided, that surname, unless:
both of them (1) The court
authorized or ratified decrees
such insemination in otherwise,
a written instrument or
executed and signed (2) She or the
by them before the former
birth of the child. husband is
The instrument shall married
be recorded in the again to
civil registry together another
with the birth person.
certificate of the
child. NCC 364 -
Legitimate and
legitimated children that CC 370 clearly indicates that the wife's
shall principally use use of her husband's surname is optional.
the surname of the Hence, she was allowed to use her maiden
father. name.

NCC 369 - Children Remo v. DFA

conceived before - Remo, while having a valid and subsisting
the decree annulling marriage, wanted to have her name on her
a voidable marriage
passport reverted back to her maiden name.
shall principally use
The SC, however, held that the Philippine
the surname of the
Passport Act and its IRR provide that a
father.
woman can only revert to her maiden name if
FC 176 - Illegitimate she has not used her married name already,
children shall use or if she obtains an annulment, divorce, or
the surname and declaration of nullity of marriage. General
shall be under the laws must yield to special laws.
parental authority of
their mother, and On hereditary
shall be entitled to rights of the former
support in spouses
conformity with this FC 43(5) - The
Code. The legitime termination of the
of each illegitimate subsequent
child shall consist of marriage referred to
onehalf of the in the preceding
legitime of a Article shall produce
legitimate child. the following effects:
Except for this The spouse who
modification, all contracted the
other provisions in subsequent
the Civil Code marriage in bad faith
governing shall be disqualified
successional rights to inherit from the
shall remain in innocent spouse by
force. testate and intestate
succession.
Yasin v. Shari’a
- After being grantedFC a 50 - Thedecree
divorce effectsunder
Islamic laws, Hatima filed a petition toby
provided for resume
the use of her maidenparagraphs
name with (2), the
(3),ShDC
(4) andthat
which denied it holding (5) the
of Article
petition is
43 and
substantially for change by Article 44
of name.
- SC held that theshall use also applyhusband's
of the in
the proper cases
surname during the marriage after annulment to
of the marriage and marriages
after thewhichdeath areof the
declared
husband is permissive. ab initio or
annulled by final
judgment under
Articles 40 and 45.
Josephine P. Uy-Timosa The final
- During the pendencyjudgment
of a casein forsuch nullity of
cases
marriage of petitioner shall provide
Josephine, she filed a
petition with the SC for praying
the liquidation,
that she be
allowed to use her partition
maiden name stating and that
distribution of
with the exception of her school records the and
properties
those in CHED, she has always used of the her
maiden name in all transactions. Thethe
spouses, SC held
custody and support community property
of the common of the terminated
children, and the marriage shall be
delivery of third void.
presumptive Should the
legitimes, unless surviving
such matters had spouse
been adjudicated in contract
previous judicial a
proceedings. subsequent marriage
All creditors without compliance
of the spouses as with the foregoing
well as of the requirements, a
absolute community mandatory regime of
or the conjugal complete separation
partnership shall be of property shall
notified of the govern the property
relations of the
proceedings for
subsequent
liquidation.
marriage.
In the
partition, the
FC 130 - Upon the
conjugal dwelling
termination of the
and the lot on which
marriage by death,
it is situated, shall
the conjugal
be adjudicated in
partnership property
accordance with the
shall be liquidated in
provisions of Articles
the same
102 and 129.
proceeding for the
settlement of the
Effect of death estate of the
FC 103 - Upon the deceased.
termination of the If no judicial
marriage by death, settlement
the community proceeding is
property shall be instituted, the
liquidated in the surviving spouse
same proceeding for shall liquidate the
the settlement of the conjugal partnership
estate of the property either
deceased. judicially or extra-
If no judicial judicially within six
settlement months from the
proceeding is death of the
instituted, the deceased spouse. If
surviving spouse upon the lapse of
shall liquidate the the six-month period
community property no liquidation is
either judicially or made, any
extra-judicially within disposition or
one year from the encumbrance
death of the involving the
deceased spouse. If conjugal partnership
upon the lapse of property of the
said period, no terminated marriage
liquidation is made, shall be void.
any disposition or Should the
encumbrance surviving
involving the spouse
 contract
a FC 45
subsequent marriage
without compliance
with the foregoing
requirements, a
mandatory regime of
complete separation
of property shall
govern the property
relations of the
subsequent
marriage.
Voidable Marriages,
assailed the marriage citing lack of marriage
license
- SC held that it cannot be said that the couple
have lived as husband and wife for at least 5
years since their marriage was solemnized
only after about twenty months had elapsed
since the dissolution of the first.
Grounds

Heirs of Go v. Servacio
- Uponv. Marta’s
Domingo Molina death, the conjugal partnership
between
- The herpartnership
conjugal and Protacio wasSr dissolved
was dissolved.
when
The properties
Flora were Pending
died in 1968. then governed by the
liquidation,
of co-ownership
rules on between are
ordinary co-ownership Protacio Sr.
impliedly
and the heirs
applied. Evenof inMarta.
the The court of
absence helda that the
judicial
sale of the
decree subject
as to property
the actual by Protacio
partition, SC held Sr that
was executed
Anastacio maywithout the rights,
sell his consentinterest,
of the heirs
and
of Maria was not necessarily
participation over the property. void since under
Art 143 of the CC, Protacio Sr is allowed to
alienate, assign, or mortgage such but only
the division allotted to him.
for
Annulment
Uy v. Estate of Fernandez
- The sale by Levi of his undivided share in the
subject property was held to be not
necessarily void, for his right as a co- owner
thereof was effectively transferred when his
wife Vipa died.
(FC 45)
Marriage
may be

Void Voidable

Cannot be ratified Can be ratified

Co-ownership ACP/CPG

Illegitimate except in void Children are legitimate if

marriages by reason of conceived before the
Psychological Incapacity grant of decree

May be attacked directly Can only be attacked

or collaterally directly
May still be impugned Can no longer be
after death impugned after the death
of either of the spouses

Imprescriptable With prescriptive period

Ninal v. Badayog
- Pepito married Norma. In lieu of a marriage
license, they executed an affidavit stating that
they had lived together as husband and wife
for at least 5 years. Children from a prior
marriage
annulled on that
the at
following the
grounds time
existing at of
time of the
marriage: marri
(1) One of the age
parties is 18 she
or above but was
below 21 preg
years old, nant
and there is by
no parental anot
consent. her
(2) Either party man;
was of - Thro
unsound ugh
mind conc
ealm
(insanity).
ent
(3) The consent
of a
of either
sexu
party was ally
obtained trans
through mitte
fraud: d
- Thro dise
ugh ase,
non- rega
discl rdles
osur s of
e of its
a natur
previ e,
ous existi
conv ng at
ictio the
n of time
a of
crim marri
e age;
invol - Thro
ving ugh
mora conc
l ealm
turpi ent
of
tude
drug
;
addi
- Thro
ction
ugh
,
conc
habit
ealm
ual
ent
alco
by
holis
the
m or
wife
hom
of
osex
the
ualit
fact
 y/les Who can file/When
biani to file? - FC 47(1)
sm 1. The party
(4) The consent whose
of either parent or
party was guardian did
obtained not give his
through or her
force, consent,
intimidation, within five
or undue years after
influence. attaining the
(5) Either party age of
is physically twenty-one
incapable of 2. The parent
consummati or guardian
ng the or person
marriage having legal
(impotence) charge of
(6) Either party the minor, at
has a any time
serious and before such
incurable party
sexually has reached
transmissibl the age of
e disease, twenty-one;
even if not
concealed. How is it ratified?
Ratified upon free
Absence of cohabitation upon
parental consent reaching 21.
FC 45 (1) - That the
party in whose
behalf it is sought to Moe v. Dinkins
have the marriage In requiring parental
annulled was consent, the law
eighteen years of assumes that
age or over but parents will act in
below twenty-one, the best interests of
and the marriage their children. Such
requirement of
was solemnized
consent is only a
without the consent
postponement, and
of the parents,
not a denial, of the
guardian or person right to marry.
having substitute
parental authority
over the party, in Insanity
that order, unless FC 45 (2) -That
after attaining the either party was of
age of twenty-one, unsound mind,
such party freely unless such party
cohabited with the after coming to
other and both lived reason, freely
together as husband cohabited with the
and wife; other as husband
and wife;
Who can Katipunan v.
file/When to Tenorio
file? - (FC The petition for
47 (2) annulment on the
Anytime ground of insanity
before the was denied due
death of to the petitioner’s
either party: failure to prove
a.) Spouse, who that the insanity
had no existed at the
knowledge time of the
of the celebration of
other's marriage.
insanity;
b.) Relative or
guardian or Fraud
person FC 45 (3) - That the
having legal consent of either
charge of party was obtained
the insane, by fraud, unless
at any time such party
before the afterwards, with full
death of knowledge of the
either party, facts constituting the
c.) Insane fraud, freely
spouse cohabited with the
- But other as husband
only and wife;
duri
ng a FC 46 - Any of the
lucid following
inter circumstances shall
val constitute fraud:
or (1) Non-
after disclosure of
rega a previous
inin conviction
g by final
sani judgment of
ty the other
party of a
How is it ratified? crime
The insane involving
party, after coming moral
to reason, cohabits turpitude;
with the other (2) Concealmen
t by the wife
NCC 1149 - All other of the fact
actions whose that at the
periods are not fixed time of the
in this Code or in marriage,
other laws must be she was
brought within five pregnant by
years from the time a man other
the right of action than her
accrues. husband;
(3) Concealmen
t of sexually
 transmissibl Hernandez v. CA
e disease, The SC denied the
regardless petition for
of its nature, annulment on the
existing at basis of STD or
the time of fraud since the
the gonorrhea was
marriage; or neither proven to
(4) Concealmen be existing at the
t of drug time of marriage
addiction, nor was it
habitual concealed.
alcoholism
or
homosexuali Buccat v. Buccat
ty or The SC held that it
lesbianism is highly unlikely
existing at that at the time of
the time of the marriage,
the Godofredo did not
marriage. know, or even
No other suspect, that
misrepresentation or Luida was 6
deceit as to months pregnant.
character, health, Hence, the
rank, fortune or petition for
chastity shall annulment was
constitute such fraud denied.
as will give grounds
for action for the
annulment of Aquino v. Delizo
marriage. The SC held that
Fernando could
Who can file/When not have known
to file? - FC 47(3) that his fiancée
The injured was pregnant
party, within five when they married
years after the because she’s
discovery of the naturally plump.
fraud (20 weeks
pregnant)
How is it ratified?
The injured
party, with full Almelor v. RTC
knowledge of the The SC denied the
facts constituting the petition for
fraud, freely annulment on the
cohabits with the ground of
other. homosexuality
since it is the
Anaya v. Palaroan concealment of
homosexuality
- Nondisclosure of a premarital relationship is not
one of the enumeratedthat circumstances
is the ground in FC
for annulment, not
46 that would constitute fraud and become a
homosexuality per
valid ground for an annulment.
se.
Force, intimidation, To
and undue determine the
influence degree of
FC 45(4) - That the intimidation, the age,
consent of either sex and condition of
party was obtained the person shall be
by force, intimidation borne in mind.
or undue influence, A threat to
unless the same enforce one's claim
having disappeared through competent
or ceased, such authority, if the claim
party thereafter is just or legal, does
freely cohabited with not vitiate consent.
the other as
husband and wife; NCC 1336 -
Violence or
Who can file/When intimidation shall
to file? - FC 47(4) annul the obligation,
The injured although it may
party, within five have been
years from the time employed by a third
the force, person who did not
intimidation or take part in the
undue influence contract.
disappeared or
ceased NCC 1337 - There is
undue influence
How is it ratified? when a person
The injured takes improper
party, after the advantage of his
disappearance of power over the will
force, intimidation, of another, depriving
or undue influence, the latter of a
freely cohabits with reasonable freedom
the other of choice. The
following
NCC 1335 - There is circumstances shall
violence when in be considered: the
order to wrest confidential, family,
consent, serious or spiritual and other
irresistible force is relations between
employed. the parties, or the
There is fact that the person
intimidation when alleged to have
one of the been unduly
contracting parties is influenced was
compelled by a suffering from
reasonable and well- mental weakness, or
grounded fear of an was ignorant or in
imminent and grave financial distress.
evil upon his person
or property, or upon
the person or
property of his
spouse,
descendants or
ascendants, to give
his consent.
 Ruiz v. Atienza Sarao v. Guevarra
- The petition for annulment on - the ground ofPilar’s
Defendant force uterus and ovaries were
and violence was denied since removedit was
due tonotthe presence of a tumor. The
sufficiently established that removal
the wife’sof father
said organs rendered Guevara
displayed any balisong (only incapable
a one-and-a-half
of procreation but did not
inch knife was found) or made any threat
incapacitate her to copulate. Hence, the
against the life of petitioner petition
Jose. Theforthreat
annulment on the ground of
to obstruct Jose Ruiz’s admission to the
impotency wasBar denied.
by filing charges of immorality against him
was likewise not regarded as duress that
would constitute a ground for annulment.
Alcazar v. Alcazar
Villanueva v. CA - The petition for annulment of marriage on the
- SC denied a petition for annulmentground ofonimpotency
the was denied since no
ground of vitiated consent taking into account
evidence was presented to establish that
the petitioner Orlando’s employment
respondent aswas a in any way physically
security guard in a bank. Theincapable
SC held that it is
to consummate his marriage with
reasonable to assume he knew the rudiments
petitioner. Petitioner even admitted during her
of self-defense or the proper way to keep that she and respondent
cross-examination
himself out of harm’s way. Further,
had sexual the intercourse
court after their wedding and
also doubted whether threats beforewere indeed left for abroad.
respondent
made as the petitioner never sought
assistance of the Affliction
security personnel
with STD of his
school nor the FCpolice 45(6) regarding
- That the
threatening activities.
either party was
afflicted with a
Physical sexuallytransmissibl
incapacity/impoten e disease found to
ce be serious and
FC 45(5) - That appears to be
either party was incurable.
physically incapable
of consummating Who can file/When
the marriage with to file? - FC 47(5)
the other, and such The injured
incapacity continues party, within five
and appears to be years after the
incurable; marriage.

Who can file/When

to file? FC 45 FC 46
-The injured
party, within five STD STD as a type of fraud
years after the Must be concealed
Does not have to be
marriage.
concealed

Jimenez v. Canizares Must be serious and Need not be serious nor

- Impotency being an Incurable
abnormal condition incurable
should not be presumed. The presumption is
in favor of potency. The STD itself is the It is the concealment that
- Refusal of wife to ground for annulment
be examined does not gives rise to the
presume impotency because Filipino women annulment
are inherently shy & bashful
Others
Republic v. Albios auth
ority
- Marriages entered into for other did purposes
such as convenience, companionship,notmoney,
status, and title, provided that they
givecomply
with all the legal requisites, are all
his equally
valid. or
her
Who can seek con
annulment AM No. sent
02-11-10-SC, March ,
4 2003 withi
Section 3. Petition n
for annulment of five
voidable marriages. year
(a) Who may s
file. - The after
following attai
persons ning
may file a the
petition for age
annulment of
of voidable twe
marriage nty-
based on one
any of the unle
grounds ss,
under article after
45 of the attai
Family Code ning
and within the
the period age
herein of
indicated: twe
(1) The nty-
cont one,
racti suc
ng h
part part
y y
who freel
se y
pare coh
nt, abit
or ated
guar with
dian the
, or othe
pers r as
on hus
exer ban
cisin d or
g wife;
sub or
stitu the
te pare
pare nt,
ntal guar
 dian , or
or pers
pers on
on havi
havi ng
ng lega
lega l
l char
char ge
ge of
of the
the insa
cont ne,
racti at
ng any
part time
y, at befo
any re
time the
befo deat
re h of
suc eith
h er
part part
y y; or
has by
reac the
hed insa
the ne
age spo
of use
twe duri
nty- ng a
one; lucid
(2) The inter
san val
e or
spo after
use rega
who inin
had g
no sani
kno ty,
wled prov
ge ided
of that
the the
othe petit
r's ione
insa r ,
nity; after
or com
by ing
any to
relat reas
ive, on,
guar has
dian not
 freel ting
y the
coh frau
abit d,
ed has
with not
the freel
othe y
r as coh
hus abit
ban ed
d or with
wife; the
(3) The othe
injur r as
ed hus
part ban
y d or
who wife;
se (4) The
con injur
sent ed
was part
obta y
ined who
by se
frau con
d, sent
withi was
n obta
five ined
year by
s forc
after e,
the inti
disc mid
over atio
y of n, or
the und
frau ue
d, influ
prov enc
ided e,
that withi
said n
part five
y, year
with s
full from
kno the
wled time
ge the
of forc
the e
fact inti
s mid
con atio
stitu n, or
 und part
ue y
influ whe
enc re
e the
disa othe
ppe r
ared spo
or use
cea is
sed, phy
prov sical
ided ly
that inca
the pabl
forc e of
e, con
inti sum
mid mati
atio ng
n, or the
und marr
ue iage
influ with
enc the
e othe
havi r
ng and
disa suc
ppe h
ared inca
or pabi
cea lity
sed, cont
said inue
part s
y and
has app
not ears
ther to
eaft be
er incu
freel rabl
y e,
coh withi
abit n
ed five
with year
the s
othe after
r as the
hus cele
ban brati
d or on
wife; of
(5) The marr
injur iage
ed
 ; the Family
and Court.
(6) The
injur Procedure in
ed actions for
part annulment FC 48 -
y In all cases of
whe annulment or
re declaration of
the absolute nullity of
othe marriage, the Court
r shall order the
part prosecuting attorney
y or fiscal assigned to
was it to appear on
afflic behalf of the State
ted to take steps to
with prevent collusion
a between the parties
sex and to take care that
ually evidence is not
tran fabricated or
smis suppressed.
sible In the cases
dise referred to in the
ase preceding
foun paragraph, no
d to judgment shall be
be based upon a
seri stipulation of facts or
ous confession of
and judgment.
app
ears
to
be Barcelona v. CA
incu - Litis pendentia refers to a situation where
rabl two actions are pending between the same
e, parties for the same cause of action, so that
withi one of them becomes unnecessary and
n vexatious
five - Res judicata is “a matter judged”; a cause of
year action may not be relitigated once it has been
s judged on the merits.
after - In the case, it was held that there was no litis
the pendentia since the petitioner had already
cele withdrawn and caused the dismissal of the
brati first petition before he filed the second
on petition. There was also no res judicata
of because the dismissal of the first petition was
mar not a decision on the merits but a dismissal
riag “without prejudice”
e.
(b) Where to
file. - The
petition shall
be filed in
Effects on the innocent one,
pendency of action specifying the terms
for annulment - FC of such order.
49
(1) The court FC 213 - In case of
shall provide separation of the
for the parents, parental
support of authority shall be
the spouses exercised by the
(2) The custody parent designated
and support by the Court. The
of the Court shall take into
common account all relevant
children, considerations,
giving especially the
paramount choice of the child
consideratio over seven years of
n to their age, unless the
moral and parent chosen is
material unfit.
welfare,
their choice Effects of
of parent annulment - FC 50
with whom Final
they wish to judgment in such
remain. cases shall provide
(3) The court for the liquidation,
shall also partition, and
provide for distribution of the:
visitation a. Pro
rights of perti
other parent. es
of
FCC 198 - During the
the proceedings for spo
legal separation or use
for annulment of s
marriage, and for b. Cust
declaration of nullity ody
of marriage, the and
spouses and their sup
children shall be port
supported from the of
properties of the the
absolute community com
or the conjugal mon
partnership. After child
the final judgment ren
granting the petition, c. Deli
the obligation of very
mutual support of
between the their
spouses ceases. pres
However, in case of ump
legal separation, the tive
court may order that legiti
the guilty spouse mes
shall give support to
 Unless such properties already
matters had been received under the
adjudicated in decree of annulment
previous judicial or absolute nullity
proceedings. shall be considered
All creditors as advances on their
(of the legitime.
spouses/property FC 52 -The
regime) shall be judgment of
notified of the annulment or of
proceedings for absolute nullity of
liquidation. the marriage, the
In the partition and
partition, the distribution of the
conjugal dwelling properties of the
and the lot on which spouses and the
it is situated, shall delivery of the
be adjudicated in children's
accordance with the presumptive
provisions of Articles legitimes shall be
102 and 129. recorded in the
appropriate civil
FC 51 - In said registry and
partition, the value registries of
of the presumptive property; otherwise,
legitimes of all the same shall not
common children, affect third persons.
computed as of the
date of the final FC 53 - Either of the
judgment of the trial former spouses may
court, shall be marry again after
delivered in cash, compliance with the
property or sound requirements of the
securities, unless immediately
the parties, by preceding Article;
mutual agreement otherwise, the
judicially approved, subsequent
had already marriage shall be
provided for such null and void.
matters.
The children FC 54 - Children
or their guardian or conceived or born
the trustee of their before the judgment
property may ask for of annulment or
the enforcement of absolute nullity of
the judgment. the marriage under
The delivery Article 36 has
of the presumptive become final and
legitimes herein executory shall be
prescribed shall in considered
no way prejudice the legitimate. Children
ultimate conceived or born of
successional rights the subsequent
of the children marriage under
accruing upon the Article 53 shall
death of either of likewise be
both of the parents; legitimate.
but the value of the
FC 43 - The innocent
termination of the spouse;
subsequent (3) Donations
marriage referred to by reason of
in the preceding marriage
Article shall produce shall remain
the following effects: valid, except
(1) The children that if the
of the donee
subsequent contracted
marriage the marriage
conceived in bad faith,
prior to its such
termination donations
shall be made to
considered said donee
legitimate; are revoked
(2) The by operation
absolute of law;
community (4) The
of property innocent
or the spouse may
conjugal revoke the
partnership, designation
as the case of the other
may be, spouse who
shall be acted in bad
dissolved faith as
and beneficiary
liquidated, in any
but if either insurance
spouse policy, even
contracted if such
said designation
marriage in be stipulated
bad faith, his as
or her share irrevocable;
of the net and
profits of the (5) The spouse
community who
property or contracted
conjugal the
partnership subsequent
property marriage in
shall be bad faith
forfeited in shall be
favor of the disqualified
common to inherit
children or, from the
if there are innocent
none, the spouse by
children of testate and
the guilty intestate
spouse by a succession.
previous FC 44 - If both
marriage or spouses of the
in default of subsequent
children, the marriage acted in
bad faith, said latter's right to appeal is not a ground for
marriage shall be setting aside a judgment valid and regular on
void ab initio and all its face.
donations by reason
of marriage and On remarriage
testamentary FC 40 - The
dispositions made absolute nullity of a
by one in favor of previous marriage
the other are may be invoked for
revoked by purposes of
operation of law. remarriage on the
basis solely of a
FC 86 - A donation final judgment
by reason of declaring such
marriage may be previous marriage
revoked by the void.
donor in the
following cases: On the property
(3) When the regime of the
marriage is marriage
annulled, and the 1. The final
donee acted judgment of
in bad faith; annulment
shall provide
FCC 99 - The for the
absolute community liquidation,
terminates: partition and
(1) Upon the distribution
death of of the
either properties of
spouse; the spouses.
(2) When there (FC 50)
is a decree 2. All creditors
of legal of the
separation; spouses as
(3) When the well as of
marriage is the absolute
annulled or community
declared or the
void; or conjugal
(4) In case of partnership
judicial shall be
separation notified of
of property the
during the proceedings
marriage for
under liquidation.
Articles 134 (FC 50)
to 138. 3. In the
partition, the
In general conjugal
dwelling and
Chan-Tan v. Chan the lot on
- The notice sent to the counsel which of it record
is is
binding upon the client and situated,
the neglect or
shallthe client
failure of the counsel to inform be of an
adverse judgment resultingadjudicated
in the loss of the
in
 accordance marriage
with the settlements.
provisions of
Articles 102 On presumptive
and 129. legitimes/hereditar
(FC 50) y rights
4. FC 43(2) - 1. Delivery of
The presumptive
absolute legitimes
community (FC 50)
of property 2. If either
or the spouse
conjugal contracted
partnership, said
as the case marriage in
may be, bad faith, his
shall be or her share
dissolved of the net
and profits of the
liquidated community
property or
ACP - FC 138 conjugal
After partnership
dissolution of the property
absolute community shall be
or of the conjugal forfeited in
partnership, the favor of the
provisions on common
complete separation children or,
of property shall if there are
apply. none, the
children of
CPG - FC 106 the guilty
Under the spouse by a
regime of conjugal previous
partnership of gains, marriage or
the husband and in default of
wife place in a children, the
common fund the innocent
proceeds, products, spouse (FC
fruits and income 43)
from their separate 3. Presumptive
properties and those legitimes,
acquired by either or computed
both spouses as of the
through their efforts date of the
or by chance, and, final
upon dissolution of judgment,
the marriage or of shall be
the partnership, the delivered in
net gains or benefits cash,
obtained by either or property or
both spouses shall sound
be divided equally securities
between them, (FC 51):
unless otherwise (1) Unle
agreed in the ss
the
 parti the
es, ulti
by mat
mut e
ual succ
agre essi
eme onal
nt right
judic s,
ially but
appr the
ove valu
d, e of
had the
alre prop
ady ertie
prov s
ided alre
for ady
suc rece
h ived
(2) The shall
child be
ren/ con
guar side
dian red
/trus as
tee adv
of anc
prop es
erty on
may their
ask legiti
for me
the
enfo NCC 886 - Legitime
rce is that part of the
men testator's property
t of which he cannot
the dispose of because
judg the law has
men reserved it for
t certain heirs who
(3) The are, therefore, called
deliv compulsory heirs.
ery
of NCC 888 - The
the legitime of legitimate
pres children and
ump descendants
tive consists of one-half
legiti of the hereditary
mes estate of the father
shall and of the mother.
not The latter
prej may freely dispose
udic of the remaining
e half, subject to the
rights of illegitimate by the
children and of the parties, in
surviving spouse as the partition
hereinafter provided. of the
properties,
NCC 908 - To the conjugal
determine the dwelling and
legitime, the value of the lot on
the property left at which it is
the death of the situated
testator shall be shall be
considered, adjudicated
deducting all debts to the
and charges, which spouse with
shall not include whom the
those imposed in majority of
the will. the common
children
NCC 106 - Every choose to
compulsory heir, remain.
who succeeds with Children
other compulsory below the
heirs, must bring age of
into the mass of the seven years
estate any property are deemed
or right which he to have
may have received chosen the
from the decedent, mother,
during the lifetime of unless the
the latter, by way of court has
donation, or any decided
other gratuitous title, otherwise.
in order that it may In case
be computed in the there in no
determination of the such
legitime of each majority, the
heir, and in the court shall
account of the decide,
partition. taking into
consideratio
ACP - FC 102(5) & n the best
FC 102(6) interests of
Upon said
dissolution of the children.
absolute community
regime, the following CPG - FC 129(8) &
procedure shall FC 129(9)
apply: (5) The Upon the
presumptive dissolution of the
legitimes of the conjugal partnership
common children regime, the following
shall be delivered procedure shall
upon partition, in apply: (8) The
accordance with presumptive
Article 51. legitimes of the
(6) Unless common children
otherwise shall be delivered
agreed upon upon the partition in
accordance with On the status and
Article 51. custody of children
(9) In the Children are
partition of legitimate if
the conceived before
properties, decree of annulment
the conjugal
dwelling and FC 54 - Children
the lot on conceived or born
which it is before the judgment
situated of annulment or
shall, unless absolute nullity of
otherwise the marriage under
agreed upon Article 36 has
by the become final and
parties, be executory shall be
adjudicated considered
to the legitimate. Children
spouse with conceived or born of
whom the the subsequent
majority of marriage under
the common Article 53 shall
children likewise be
choose to legitimate.
remain.
Children FC 213 - In case of
below the separation of the
age of parents, parental
seven years authority shall be
are deemed exercised by the
to have parent designated
chosen the by the Court. The
mother, Court shall take into
unless the account all relevant
court has considerations,
decided especially the
otherwise. choice of the child
In case over seven years of
there is no age, unless the
such parent chosen is
majority, the unfit.
court shall
decide, Mendez v. Shari’a District Court
taking into
- SC held that that the award of custody to Maliga
consideratio
by the ShCC was baseless since no hearing
n the best
was conducted. The Shariah Court merely
interests of
said stated that custody was to be awarded to
children. Maliga as it was in line with the child’s best
interest in all aspects of life, economically,
socially, and religiously and nothing more.
Yu v Reyes-Carpio
- It is more proper to rule first on the declaration of
On totherulinguse of
nullity of marriage prior on incidental
Surnames - NCC
issues (custody and property relations) since
371, 364, 369
if marriage is declared void, Art 50 and 51 of
the FC shall apply
NCC 371 - In case
of annulment of
marriage, and the Remo v. SFA
wife is the guilty - Filipina lives abroad and married an alien--she
party, she shall adopted his name and got a Filipino passport
resume her maiden where she used the alien’s name
name and surname. - He divorced her, and in its finality, she
If she is the innocent remarried abroad
spouse, she may - BUT: She cannot obtain a new passport in her
resume her maiden new husband’s name without having the first
name and surname. divorce recognized
However, she may
choose to continue
employing her On Marriage When
former husband’s One Spouse is
surname, unless: Absent - FC 41-44
(1) The court
decrees Art. 41. A marriage
otherwise, contracted by any
or person during
(2) She or the subsistence of a
former previous marriage
husband is shall be null and
married void, unless before
again to the celebration of
another the subsequent
person marriage, the prior
spouse had been
NCC 364 - absent for four
Legitimate and consecutive years
legitimated children and the spouse
shall principally use present has a well-
the surname of the founded belief that
father. the absent spouse
was already dead.
NCC 369 - Children In case of
conceived before disappearance
the decree annulling where there is
a voidable marriage danger of death
shall principally use under the
the surname of the circumstances set
father. forth in the
provisions of Article
391 of the Civil
Yasin v. Shari’a Code, an absence
- The use of the husband’s
of only surname
two years during the
marriage, after annulment of the marriage
shall be sufficient. and
after the death of the husband,For is permissive
the
and not obligatory purpose of
contracting the
subsequent
Uy-Timosa marriage under the
- Once a woman adopts her husband’s
preceding paragraph surname,
or simply adopt a the surname
spouse pursuant
presentto FC
370, she must stickmustwith it, institute
until her marriage
a
is terminated or nullified/annulled
summary
proceeding as
provided in this
Code for the
declaration of
presumptive death conceived
of the absentee, prior to its
without prejudice to termination
the effect of shall be
reappearance of the considered
absent spouse. legitimate;
(2) The
Art. 42. The absolute
subsequent community
marriage referred to of property
in the preceding or the
Article shall be conjugal
automatically partnership,
terminated by the as the case
recording of the may be,
affidavit of shall be
reappearance of the dissolved
absent spouse, and
unless there is a liquidated,
judgment annulling but if either
the previous spouse
marriage or contracted
declaring it void ab said
initio. marriage in
A sworn bad faith, his
statement of the fact or her share
and circumstances of the net
of reappearance profits of the
shall be recorded in community
the civil registry of property or
the residence of the conjugal
parties to the partnership
subsequent property
marriage at the shall be
instance of any forfeited in
interested person, favor of the
with due notice to common
the spouses of the children or,
subsequent if there are
marriage and none, the
without prejudice to children of
the fact of the guilty
reappearance being spouse by a
judicially determined previous
in case such fact is marriage or
disputed. in default of
children, the
Art. 43. The innocent
termination of the spouse;
subsequent (3) Donations
marriage referred to by reason of
in the preceding marriage
Article shall produce shall remain
the following effects: valid, except
(1) The children that if the
of the donee
subsequent contracted
marriage the marriage
 in bad faith, revoked by
such operation of law.
donations
made to RPC 349 - The
said donee penalty of prisión
are revoked mayor shall be
by operation imposed on the
of law; offending party.
(4) The
innocent SSS v. de Bailon
spouse may - Since the second marriage was contracted
revoke the because of a presumption that the former
designation
spouse is dead, such presumption continues
of the other
in spite of the spouse’s physical
spouse who
reappearance, and by fiction of law, he or she
acted in bad
faith as must still be regarded as legally an absentee
beneficiary until the subsequent marriage is terminated as
in any provided by law
insurance
policy, even On Marriages
if such Dissolved by a
designation Foreign Judgment -
be stipulated FC 26, NCC 15,
as NCC 17
irrevocable; Divorce cannot be
and given due
(5) The spouse recognition in the
who Philippines
contracted - B
the U
subsequent T:
marriage in Ef
bad faith fe
shall be ct
disqualified s
to inherit of
from the di
innocent vo
spouse by rc
testate and e
intestate ca
succession. n
be
Art. 44. If both ap
spouses of the pli
subsequent ed
marriage acted in - Fil
bad faith, said e
marriage shall be for
void ab initio and all re
donations by reason co
of marriage and gn
testamentary iti
dispositions made on
by one in favor of of
the other are for
ei
 gn public policy and
ju good customs shall
dg not be rendered
m ineffective by laws
en or judgments
t promulgated, or by
determinations or
FC 26. All marriages conventions agreed
solemnized outside upon in a foreign
the Philippines, in country.
accordance with the
laws in force in the Arca v. Javier
country where they - The intention of a Filipino to take residence in
were solemnized, a state for the sole purpose of obtaining a
and valid there as divorce from his wife is not sufficient to confer
such, shall also be jurisdiction on the court and while the
valid in this country,
aggrieved spouse may have filed an answer,
except those
the act does not place her under the
prohibited under
jurisdiction of the foreign court
Articles 35 (1), (4),
(5) and (6), 3637
and 38. Tenchavez v. Escano
Where a - A Filipino citizen is prohibited from obtaining a
marriage between a foreign divorce decree as the Philippines does
Filipino citizen and a not admit absolute divorce
foreigner is validly
celebrated and a
divorce is thereafter Van Dorn v. Romillo
validly obtained - Pursuant to his national law, when a foreigner
abroad by the alien spouse is no longer the husband of a Filipino
spouse capacitating spouse as a result of a foreign divorce
him or her to obtained by the Filipino, he would have no
remarry, the Filipino standing to sue to exercise control over
spouse shall have conjugal assets
capacity to remarry
under Philippine law.
(As amended by Somera v. Pilapil
Executive Order - When the foreign spouse has obtained a valid
227) divorce in his country, the divorce and its legal
effects may be recognized in the Philippines in
NCC 15 - Laws view of the nationality principle, and therefore,
relating to family being no longer the husband of the Filipino
rights and duties, or spouse, has no legal standing to commence
to the status, the adultery case
condition, and legal
capacity of persons
Quita v. CA
are binding upon
- When a former Filipino has obtained a valid
citizens of the
Philippines, even foreign divorce decree, she is no longer a
though living surviving spouse who is entitled to inherit from
abroad. her former spouse
NCC 17(3) -
Prohibitive laws Llorente v. CA
concerning persons, - The divorce obtained by a former
their acts or Filipino from his first wife was enforced
property, and those and recognized in
which have for their this jurisdiction as a matter of comity
object public order, - Second wife is the legal wife
 ct
Roehr v. Rodriguez s
- Divorce decree can be recognized of in
Philippine courts di
vo
- PH courts can decide legal effects of
the divorce obtained abroad ifrcthe
Filipino spouse was not givenes the
o
opportunity to challenge the same in
bt
th ai
e n
fo e
re d
ig a
n br
co o
ur a
ts d)
(i
n
ot Garcia v. Recio
h - The divorce decree and the governing personal
er law of the alien spouse who obtained the
w divorce must be proven, since courts do not
or take judicial notice of foreign laws and
ds judgments
P
H
co Diego v. Castillo
ur - A Filipino who secures a foreign divorce and
ts later remarries in the Philippines, in the belief
ar that the foreign divorce was valid, is liable for
e bigamy
n - Judge should not have decided on good faith
ot to the spouse
d - Filipino must know his/her native laws
e
pr
iv Republic v. Orbecido III
e - The reckoning point is not the citizenship of the
d parties at the time of the celebration of
of marriage, but their citizenship at the time a
ju valid divorce is obtained abroad by the alien
ris spouse capacitating the later to remarry
di
cti
o San Luis v. San Luis
n - There is no need to retroactively apply the
to provisions of the FC 26(2), considering that
tr there is sufficient jurisprudential basis allowing
y the Court to rule in the affirmative
th
e
le
g
al
ef
fe
Amor-Catalan v. CA
- A former Filipino whoAndo v. DFA a foreign
has obtained
- Divorced Filipina attempted to secure
decree of divorce has no personality to file a
a Philippine passport under her new
petition for the declaration of nullity of
husband’s name, but was not allowed
marriage of her former spouse and - his presentdecree was obtained for the
Divorce
wife on the ground of bigamy previous message but Filipina did not
comply with FC 13
Corpus v. Sto. Tomas - No judicial recognition of foreign
decree of absolute divorce
- Only the Filipino spouse can file for recognition
of divorce decree under FC 26(2)
- Remedy for the alien spouse is Rule 108 of the
Rules of Court
Medina v. Koike
- !$&5&5*%(&*(?5’$(?*#($45&5%=(*?
- Have the decree judicially recognized first
(4$&"5’+(5%( A"##5"=$(<*%&#"<&(;("%
before annotation
%*&"&5*% - !#*D$(?*#$5=%(’"M("+(A"&&$#(*?(?"<&(;
( J#*D$(<*%?*#A5&E(&*(&.$(?*#$5=%(’"M
Catalan v. Catalan-
Lee
Misalucha v.
- Should the divorcePeople and the subsequent
marriage be proven- valid,Whena second spouse
the alien
has the preferential rightwife obtained a the
to be issued
letters of administration divorce
over thedecree,
estate of the
decedent
Redante immediately remarried
- Even if alien spouse already got a divorce
Lavadia v. Heirs of Luna decree, Filipino spouse still needs to have the
- Conformably with the nationality decreerule,judicially
divorce, recognized before he can
even think
even if voluntarily obtained abroad, does of remarrying
not
dissolve a marriage
- Conforms with the Constitution in that
Republic v. Manalo
marriage is an inviolable social institution; a
special contract of permanent union - Manalo married a Japanese national
- Manalo initiated and obtained divorce
- N*%1#$<*=%5&5*%( *?( "F+*’3&$( in45D*#<$ a Japanese court
( 5%( &.$( !.5’5JJ5%$+( ;( #$+J$<&( ?*#( &.$
( +"%<&5&E( *?( "( A"##5"=$ - -)( 7897:( ;( "’5$%( +.*3’4( ?5’$
- Reprieve from a marriage is either ( 45D*#<$its
termination resulting from death But - Manalo can since the marriage
of either
spouse or upon grounds has 1
expressly provided byFilipino
law and 1 alien spouse
- Divorce between Filipinos is void and
ineffectual under theDivorce
nationality is
rule not
annulment, not
nullity
- “Ends” a
Noveras v. Noveras marriage for
- For judicial recognition
groundsof divorce
obtained abroad between
existing an alien
and a Filipino, the latter
withinmust present
- Foreign judgment marriage
- Foreign law that- governs
End the judgment
=/=
- Evidence of strict termination
conformity to the
foreign law in serving
- Nojudgment
possibility of
remarriage
 - Closest is the marriage
legal but the party
separation, or parties
but still responsible
married for the
irregularity
shall be
Republic v. Cote civilly,
- During divorce, only the criminally
husband was an
American citizen and
- Does this include those marriagesadministrativ wherein
both spouses were both Filipinos
ely at
liable time
the
of celebration and then (FC one34(3))
becomes a
naturalized citizen of another
2. Voidcountry?
- What is important is the citizenship
marriages of the one
who filed at the time the divorce
(FC 35) decree was
obtained
3. Marriages
- )*3#&(="D$(43$(<*3#+$(;(0P(%*&("JJ’5<"F’$
void ab initio
(&*( #$<*=%5&5*%(*?(45D*#<$(4$<#$$
due to public
policy (FC
38)
Morisono v. Morisono 4. Marriages
needing
- N*%1@345<5"’(45D*#<$(;(*%’E(45D*#<$
("=#$$A$%& parental
- Remanded to RTC to prove consent
that the or divorce
parental
agreement was done in accordance to
Japanese laws advice (FC
16)
-
Cri
Juego-Sakai v. Republic min
- B5D*#<$(F$&M$$%(-5’5J5%*+(;(%*&(#$<*= al
%5>$4(FE( !.5’5JJ5%$(<*3#&+ liabil
- B5D*#<$( F$&M$$%( -5’5J5%*+( 4*%$( ity 5%( &.
$( QC( ;( <"%%*&("JJ’E(#*F*&5<"’’Eincu
- Our courts cannot be compelled to recognize rred
foreign judgment unless by
sole
mni
zing
offic
2. er or
issui
3. ng
offic
er of
On Marriages Giving marr
Rise to Criminal iage
Liability licen
1. An se
irregularity 5. Bigamous
in the formal marriage
requisites unless in the
(of case of an
marriage) absentee
shall not spouse (FC
affect the 41)
validity of
R.A. No. 10655 - (1) A child born
“An Act Repealing before one
the Crime of hundred
Premature Marriage eighty days
under Article 351 of after the
Act No. 3815, solemnizatio
otherwise Known as n of the
The Revised Penal subsequent
Code” marriage is
- Section 1. considered
Without to have
prejudice to been
the conceived
provisions of during the
the Family former
Code on marriage,
paternity provided it
and filiation, be born
Article 351 within three
of Act No. hundred
3815, days after
otherwise the
known as termination
the Revised of the former
Penal Code, marriage;
punishing (2) A child born
the crime of after one
premature hundred
marriage eighty days
committed following the
by a woman, celebration
is hereby of the
repealed. subsequent
marriage is
FC 167. The child considered
shall be considered to have
legitimate although been
the mother may conceived
have declared during such
against its marriage,
legitimacy or may even though
have been it be born
sentenced as an within the
adulteress. three
hundred
FC 168. If the days after
marriage is the
terminated and the termination
mother contracted of the former
another marriage marriage.
within three hundred
days after such
Art. 169. The
termination of the
legitimacy or
former marriage,
illegitimacy of a child
these rules shall
born after three
govern in the
hundred days
absence of proof to
following the
the contrary:
termination of the
marriage shall be Materials in
proved by whoever Furtherance Thereof
alleges such and Providing
legitimacy or Penalty Therefor”
illegitimacy. - Title is self-
explanatory;
People v. De Guzman instigators
- Rape used to be a private
and crime
- Only the victim can proprietors
file
- BUT: Now it is a public crime
of mail-order
- Marriage absolves abride
rapist, but
marriage must be valid
systems are
- !$#5*4( 5AA"&$#5"’(criminally
;( <*%D5<&5*%
liable
( "%4( J#$1<*%D5<&5*%

R.A. No. 9208 -

Ronulo v. People “Anti-Trafficking in
- Aglipayan priest
PersonssolemnizedAct the of
marriage despite
2003, knowing that the
couple failedastoamended
secure a by marriage
R.A.
license 10364”
- Held civilly, criminally
- Section and 4.
administratively liableActs of
Trafficking
OCA v. Tormis in Persons. -
It shall be
- Judge was held civilly, criminally, and
unlawful for
administratively liable for solemnizing
marriages without marriage any license person,
- Marriage licenses were issued after or
natural
solemnization juridical, to
- Also: Judge made a business outany
commit of
of illegally
solemnizing marriages the following
acts
(a) To recruit,
Misalucha v. People transport,
- When the alien wifetransfer;
obtained a
divorce decree, Redanteharbor, immediately
remarried without having
provide, the decree
or
judicially recognizedreceive
in the a
Philippines person by
- Liable for committing any bigamy
means,
including
R.A. No. 9655 - “An those done
Act to Declare under the
Unlawful the pretext of
Practice of Matching domestic or
Filipino Women for overseas
Marriage to Foreign employment
Nationals on A Mail or training or
Order Basis and apprentices
Other Similar hip, for the
Practices, Including purpose of
the Advertisement, prostitution,
Publication, Printing pornography
or Distribution of , sexual
Brochures, Fliers, exploitation,
and Other forced labor,
Propaganda slavery,
 involuntary forced labor
servitude or or slavery,
debt involuntary
bondage; servitude or
(b) To introduce debt
or match for bondage;
money, (d) To
profit, or undertake or
material, organize
economic or tours and
other travel plans
consideratio consisting of
n, any tourism
person or, packages or
as provided activities for
for under the purpose
Republic Act of utilizing
No. 6955, and offering
any Filipino persons for
woman to a prostitution,
foreign pornography
national, for or sexual
marriage for exploitation;
the purpose (e) To maintain
of acquiring, or hire a
buying, person to
offering, engage in
selling or prostitution
trading or
him/her to pornography
engage in ;
prostitution, (f) To adopt or
pornography facilitate the
, sexual adoption of
exploitation, persons for
forced labor, the purpose
slavery, of
involuntary prostitution,
servitude or pornography
debt , sexual
bondage; exploitation,
(c) To offer or forced labor,
contract slavery,
marriage, involuntary
real or servitude or
simulated, debt
for the bondage;
purpose of (g) To recruit,
acquiring, hire, adopt,
buying, transport or
offering, abduct a
selling, or person, by
trading them means of
to engage in threat or use
prostitution, of force,
pornography fraud,
, sexual deceit,
exploitation, violence,
 coercion, or - To fix
intimidation property
for the relations
purpose of and kick off
removal or the spouse
sale of as
organs of compulsory
said person; heir
and - Not the
(h) To recruit, same as
transport or separation
adopt a child de facto
to engage in (separation
armed in fact)
activities in - Does not
the affect ACP
Philippines and CPG
or abroad. - Consequenc
e: one has
to dissolve
People v. Villanueva property
- Basically a violationregime
of Sectionand4(a) of
R.A. adopt
No. 9208 complete
- To recruit...or receive a person by any
separation
means, including those done under
of property
the pretext of domestic...employment
before
or training or apprenticeship,
finality offor the
purpose of...forced judgment
labor...involuntary
servitude or debt bondage
- Although AAA, 13-year-old minor ran
Divorce
away from home to seek refuge and
arrived at the doors of- a KTVOnly bar, it
was wrong of Bebang, theexist owner of
said KTV bar to allow AAA s to in work
the
there under the pretense of a “we will
take care of you” system Musl
- Regardless of whether orimnot work
done by AAA was of a sexual Cod nature
or not e
(MC
dishwasher) 45-
55)
THE LAW ON - Appl
SEPARATION OF ied
THE SPOUSES to
Legal Separation Musl
- Marriage is im-
still valid, Musl
but the im
spouses are coup
separated les
only from who
“bed and marr
board” - ied
Why pursue und
legal er
separation? Musl
im
cust n
oms v
and e
tradi r
tion s
i
(Lla o
ve n
v.
t
Rep o
ubli
c; I
Zam s
oran l
os a
v. m
Peo
ple; d
Pac o
asu e
m v. s
Zam
oran n
os) o
- 1 t
a
M l
u l
s o
l w
i
m s
, e
1 c
o
n n
o d
n
- m
M a
u r
s r
l i
i a
m g
e
a
l r
s i
o g
h
- B t
U away
T - T
: h
c e
o
 f %=("+($5&.$#(*?(&.$
i (J"#&E(5+(-5’5J5%*
r - FC 108:
s Filipino can
t now also
m initiate
a divorce in a
r foreign court
r
i
Benedicto v. De la Rama
a
- Divorce, although it separates those who were
g
married, the marriage nevertheless subsists,
e
and thus it is that neither one of them can
contract a second marriage at any time,
u except:
n - Separation due to adultery
d
- Surviving spouse may remarry after the death
e
of another
r

t On Separation in
h Fact/Abandonment -
e FC 239, FC 100101,
FC 127-128
F
a FC 239 - When a
m husband and wife
i are separated in
l fact, or one has
y abandoned the
other and one of
C them seeks judicial
o authorization for a
d transaction where
e the consent of the
other spouse is
f required by law but
i such consent is
r withheld or cannot
s be obtained, a
t verified petition may
m be filed in court
u alleging the
s foregoing facts.
t The petition
b shall attach the
e proposed deed, if
any, embodying the
nullified transaction, and, if
none, shall describe
Summary in detail the said
-)(7897:($D*’D$+(; transaction and
(<"%($I&$ state the reason why
%4(&*(45??$#$ the required consent
%&(<5&5>$%+.5J+ thereto cannot be
("&( 45??$#$ secured. In any
%&(J$#5*4L(+*(’* case, the final deed
duly executed by the
parties shall be be given
submitted to and judicial
approved by the authority to
court. administer
or encumber
FC 100 - The any specific
separation in fact separate
between husband property of
and wife shall not the other
affect the regime of spouse and
absolute community use the
except that: fruits or
(1) The spouse proceeds
who leaves thereof to
the conjugal satisfy the
home or latter's
refuses to share.
live therein,
without just FC 101 - If a spouse
cause, shall without just cause
not have the abandons the other
right to be or fails to comply
supported; with his or her
(2) When the obligations to the
consent of family, the
one spouse aggrieved spouse
to any may petition the
transaction court for
of the other receivership, for
is required judicial separation of
by law, property or for
judicial authority to be the
authorizatio sole administrator of
n shall be the absolute
obtained in community, subject
a summary to such
proceeding; precautionary
(3) In the conditions as the
absence of court may impose.
sufficient The
community obligations to the
property, the family mentioned in
separate the preceding
property of paragraph refer to
both marital, parental or
spouses property relations.
shall be A spouse is
solidarily deemed to have
liable for the abandoned the other
support of when her or she has
the family. left the conjugal
The spouse dwelling without
present intention of
shall, upon returning. The
proper spouse who has left
petition in a the conjugal
summary dwelling for a period
proceeding, of three months or
has failed within the the family.
same period to give The spouse
any information as present
to his or her shall, upon
whereabouts shall petition in a
be prima facie summary
presumed to have proceeding,
no intention of be given
returning to the judicial
conjugal dwelling. authority to
administer
FC 127 - The or encumber
separation in fact any specific
between husband separate
and wife shall not property of
affect the regime of the other
conjugal spouse and
partnership, except use the
that: fruits or
(1) The spouse proceeds
who leaves thereof to
the conjugal satisfy the
home or latter's
refuses to share. FC
live therein, 128 - If a
without just spouse
cause, shall without just
not have the cause
right to be abandons
supported; the other or
(2) When the fails to
consent of comply with
one spouse his or her
to any obligation to
transaction the family,
of the other the
is required aggrieved
by law, spouse may
judicial petition the
authorizatio court for
n shall be receivership,
obtained in for judicial
a summary separation
proceeding; of property,
(3) In the or for
absence of authority to
sufficient be the sole
conjugal administrato
partnership r of the
property, the conjugal
separate partnership
property of property,
both subject to
spouses such
shall be precautionar
solidarily y conditions
liable for the as the court
support of may impose.
 The (As amended by
obligations to the E.O. 227)
family mentioned in
the preceding When either spouses are not domiciled in a country, if
paragraph refer to
they obtain a divorce there, they are not under the
marital, parental or
jurisdiction of that court. If the court grants them
property relations.
divorce anyway, the decree can’t be recognized
A spouse is
anywhere (Gorayeb v. Hashim)
deemed to have
abandoned the other A Filipino citizen cannot obtain a foreign divorce
when he or she has decree because Philippines does not admit absolute
left the conjugal divorce (Tenchavez v. Escano)
dwelling without
intention of When an alien is no longer the spouse of a Filipino by
returning. The virtue of a divorce granted by his national law, he has
spouse who has left no more standing to stake claim on conjugal assets
the conjugal (Van Dorn v. Romillo)
dwelling for a period
of three months or When the alien has obtained a divorce decree in his
has failed within the country, the divorce and its legal effects may be
same period to give recognized in the Philippines, but he has no more
any information as legal standing/capacity to sue the Filipino ex in the
to his or her Philippines (Somera v. Pilapil)
whereabouts shall
be prima facie
On the Grounds for
presumed to have
Legal Separation -
no intention of
FC 55 in Conjunction
returning to the
with A.M. No. 02-11-
conjugal dwelling.
11-SC (March 4,
2003) on the
Villanueva v. Chiong proposed rule on
- When the parties are legal
separatedseparation;
in fact, and
contains
without the wife’s consent, the procedure
husband
alienates or encumbers and conjugal
requisitesproperty
prior to the effectivity of 1.
the Repeated
Family Code, the
same is not void, but merelyphysical
voidable
violence or
grossly
On Absolute Divorce:
abusive
Divorce under the
conduct
Family Code - FC
- Hu
26(2)
milia
Where a
ting,
marriage between a
dem
Filipino citizen and a
eani
foreigner is validly
ng
celebrated and a
- Agai
divorce is thereafter
nst
validly obtained
spo
abroad by the alien
use,
spouse capacitating
com
him or her to
mon
remarry, the Filipino
child
spouse shall
,
likewise have
child
capacity to remarry
of
under Philippine law.
 spo sentencing
use the
2. Physical respondent
violence or to
moral imprisonme
pressure nt of more
inflicted to than 6 years
change - Par
religious or don
political is
affiliation imm
- ateri
political? What is al
religious? - Mus
t be
sent
R.A. No. 9262 - “Anti Violence Against Women and
enc
Children Act of 2004”
es,
- Reiterated grounds for legal separation as
pen
specified in FC 55, but gets more detailed
alty
of
3. Corruption, 7+
inducing to year
engage in s
prostitution, - Sent
or enc
connivance e/
in such Con
corruption or victi
inducement on
- Agai mus
nst t
spo hav
use, e
com bee
mon n
child deliv
, or ered
child duri
of ng
the the
spo marr
use iage
- Pros 5. Drug
tituti addiction or
on habitual
doe alcoholism
s - Mus
not t
nec exist
ess after
arily the
nee cele
d brati
mon on
ey of
4. Final marr
judgment iage
 - Ten 7. Contraction
den of a
cies subsequent
not bigamous
grou marriage,
nds whether in
6. Lesbianism the
or Philippines
homosexuali or abroad
ty 8. Sexual
- Mus infidelity or
t perversion -
exist
after Sexual
the infidelity
cele - E
brati n
on g
of a
marr g
iage i
- Ten n
den g
cies
to i
eng n
age
in s
lesbi e
anis x
m or u
sex a
ualit l
y r
are e
not l
con a
side t
red i
as o
grou n
nds s

w
Almelor v. RTC
i
- Homosexuality per se is only a ground for
t
legal separation. It is concealment that serves
h
as a valid ground to annul a marriage
s
Campos v. Campos o
- The fact that respondent got married andm had
e
children is not proof against his claim of
o
homosexuality. As pointed out by the
n
investigating judge, it is possible that
e
respondent was only suppressing or hiding his
true sexuality w
h
 o i
t
i h
s o
u
n t
o c
t o
t n
h s
e e
n
s t
p - C
o o
u n
s c
e u
b
- S i
e n
x a
u g
a e
l
p - M
e a
r i
v n
e t
r a
s i
i n
o i
n n
g
- U
n a
r
e m
a i
s s
o t
n r
a e
b s
l s
e
w
i
k t
i h
n i
k n
s
c
o
w n
 j s
u c
g a
a n
l d
d a
w l
e o
l u
l s
i
n c
g i
r
- ) c
* u
. m
" s
F t
5 a
& n
" c
& e
5 s
*
%
( Kalaw v. Fernandez
; - Immaturity and irresponsibility in performing their
( marital and familial obligations, sexual
G infidelity per se, and acrimony may be
$ grounds for legal separation, but not for
J psychological incapacity that voids a marriage
&
(
M Republic v. Quintos
5 - Grounds that do not have juridical precedent can
? only be grounds for legal separation, not
$ nullity of marriage

- C
o 9. Attempt by
h the
a respondent
b against the
i life of the
t petitioner
a - Can
t be
i atte
o mpt
n ed
or
u frust
n rate
d d
e - No
r nee
d for
 prev 11. Other
ious Grounds
con
victi Goitia v. Campos-Rueda
on
- Wife lived separate from husband
10. Abandonme
without decree of legal separation
nt of - Justified, because if she remained in
petitioner by
their shared home, her safety and
respondent
welfare are both compromised
without
justifiable
cause for Kalaw v. Fernandez
more than
- Both parties were eventually proven to be
one year psychologically incapacitated
- Abs - Wife exposed her children to a culture of
olute
cess gambling
ation and other
of vices that
mari would
tal erode
oblig their
ation moral
s fiber

Partosa-Jo v. CA On Who Can Ask for

- No abandonment,
Legal because the wife
Separation -
returned FC 55
- Husband did not - welcome back,offended
Victim, that’s
why she can’t return
spouse

Republic v. Quintos On When the

Petition
- Abandonment does not constitute May Be
Filed
psychological incapacity - FC 57
An action for
legal separation
Q: Is making a child shall be filed within
beg for alms a five years from the
ground for legal time of the
separation under FC occurrence of the
55(3)? cause.
- No,
but People v. Zapata
it is
- Prescriptive period is within 5 years from the
a
occurrence of the cause of legal separation
grou
- Each sexual intercourse constitutes a crime of
nd
adultery. There is no constitutional or legal
to
provision which bars the filing of as many
sus
pen complaints for adultery as there were
d adulterous acts committed, each constituting
pare one crime
ntal
auth On Court Procedure
ority in Legal Separation -
. FC 58-60
FC 58 - An action for will be
legal separation affected of
shall in no case be the same)
tried before six 1.
months shall have Spousal
elapsed since the support
filing of the petition. 2.
Sup
FC 59 - No legal port
separation may be pend
decreed unless the ente
Court has taken lite
steps toward the (De
reconciliation of the la
spouses and is fully Vina
satisfied, despite v.
such efforts, that Villa
reconciliation is real;
highly improbable. Ler
ma v
Araneta v. Concepcion CA)
3. Cust
- Cooling off period (FC 58) do not apply, and
the court shall proceed on the main ody
case if
acts of violence falls under R.A. No.pen
9262
1. Physical abuse dent
e
2. Emotional abuse
lite
3. Economic abuse
(Ara
4. Sexual abuse
neta
Cooling off period v.
- 6 months Con
must pass cep
after filing cion
before a )
petition for 4. Visit
legal atio
separation n
can be tried right
based on its s
merits 5. Issu
- Used by the anc
court to try e of
for hold
reconciliatio /dep
n of the two artur
parties e
- Within the 6 6. Prot
months, the ecti
following on
collateral orde
incidents r
may be tried 7. Adm
(do not inist
affect ratio
judgment on n of
legal ACP
separation /CP
case, but G
 (So Gandionco v. Penaranda
mos - Case of oncubinage
a v. - A civil action for legal separation may proceed
Va ahead of, or simultaneously with, a criminal
men action, because said civil action is not one “to
ta, enforce the civil liability arising from the
Jr.; offense” even if both the civil and criminal
De actions arise from or are related to the same
la offense
Vin - So that the offended party can move out of the
a v. conjugal home and still be supported by the
Villa offender
real
;
Sab
alon Lapuz v. Eufemio
es v. - The death of one party to the action causes
CA) the death of the action itself
- R5?$(M.*(?5’$4(&.$(<"+$(45$4(;(A"##5"=$
FC 60 - No decree ( &$#A5%"&$4(%"&3#"’’E(;(%*(%$$4(?
of legal separation *#(’$="’( +$J"#"&5*%
shall be based upon
a stipulation of facts
or a confession of On the Effect of
judgment. Pendency of the
In any case, Petition - FC 61 & 62
the Court shall order FC 61 - After the
the prosecuting filing of the petition
attorney or fiscal for legal separation,
assigned to it to take the spouses shall be
steps to prevent entitled to live
collusion between separately from each
the parties and to other.
take care that the The court, in
evidence is not the absence of a
fabricated or written agreement
suppressed. between the
spouses, shall
designate either of
Pacete v. Cariaga them or a third
- In an action for legalperson to administer
separation, a default
the absolute
order is not legally sanctioned
community or
conjugal
Ocampo v. Florenciano partnership
- Adulteress wife said that sheproperty.
“liked also” to be
legally separated from husband The
- Circumstantial, not collusionadministrator
appointedmeans
- Collusion in legal separation by thethe
agreement betweencourt shall have
the husband andthe
wife for
one of them to commit,same or powers
appear andto commit, a
matrimonial offenseduties
for theas those of
purpose ofa
guardian under the
enabling the other to obtain a legal separation
Rules of Court.

FC 62 - During the
pendency of the
action for legal
separation, the
provisions of Article
49 shall likewise Lerma v. CA
apply to the support - Application of FC 49
of the spouses and - “The Court shall give paramount consideration
the custody and to the moral and material welfare of said
support of the children...”
common children. - General rule: When children are minors,
custody must be with the mother (7 years and
FC 49 - During the below) or according to their choice (8 and
pendency of the above)
action and in the - In this case, Court ruled in favor of male
absence of spouse even if the children’s ages fall under
adequate provisions the threshold
in a written - Immoral environment if children lived with
agreement between their mother who cohabited with their uncle
the spouses, the
Court shall provide
for the support of
the spouses and the
custody and support On the Defenses in
of their common Action for Legal
children. The Court Separation - FC 56
shall give The petition for legal
paramount separation shall be
consideration to the denied on any of the
moral and material following grounds:
welfare of said (1) Where the
children and their aggrieved
choice of the parent party has
with whom they wish condoned
to remain as the offense
provided to in Title or act
IX. It shall also complained
provide for of;
appropriate - Con
visitation rights of don
the other parent. e
mea
ns
Yangco v. Rhode forgi
- Support, spousal or child, is dependentven on
both the needs of the beneficiary and essthe
ability of the benefactor of
- Spouse’s entitlement to support must be
mari
proved by the same by showing thattal her
marriage to the benefactor is valid offe
nse
- No
blan
ket
forgi
ven
ess;
mus
t be
don
e for
eac
 h (2) Where the
offe aggrieved
nse party has
- Offe consented
nse to the
mus commission
t be of the
mad offense or
e act
kno complained
wn of;
to - Con
the form
offe ity
nde befo
d re
part mari
y tal
- Can offe
be nse
expr is
ess com
ed mitt
- Actu ed
al (Pe
forgi ople
ven v.
ess Sen
in san
writi o;
ng, Peo
or ple
verb v.
ally Sch
- Can nec
be ken
impli ber
ed ger)
- Mak (3) Where there
e-up is
connivance
sex between the
parties in
(Gin the
ez commission
of the
v. offense or
Bugayong) act
- Mus constituting
t be the ground
mad for legal
e separation;
kno (4) Where both
wn parties have
to given
the ground for
Cou legal
rt separation;
 - Rec The
rimi hus
nati ban
on; d
mut and
ual wife
guilt are
- Ex. obli
Both ged
com to
mitti live
ng toge
adul ther,
tery obs
(Bro erve
wn mut
v. ual
Ya love
mba ,
o) resp
(5) Where there ect
is collusion and
between the fideli
parties to ty,
obtain and
decree of rend
legal er
separation; mut
or ual
(6) Where the help
action is and
barred by sup
prescription. port.
- Marr
On the Effects of iage
Decree of Legal still
Separation - FC 63 valid
The decree but
of legal separation can
shall have the not
following effects: eng
(1) The age
spouses in
shall be - Sex
entitled to ual
live relat
separately ions
from each with
other, but eac
the marriage h
bonds shall othe
not be r
severed; - Adul
- Rela tery,
ted
to: con
FC cubi
68 - nag
 e, Qui
ao)
or (3) The custody
biga of the minor
my children
(2) The shall be
absolute awarded to
community the innocent
or the spouse,
conjugal subject to
partnership the
shall be provisions of
dissolved Article 213
and of this Code;
liquidated
but the
offending FC 213 - In case
spouse shall of separation of
have no the parents,
right to any parental authority
share of the shall be exercised
net profits by the parent
earned by designated by the
the absolute Court. The Court
community shall take into
or the account all
conjugal relevant
partnership, considerations,
which shall especially the
be forfeited choice of the child
in over seven years
accordance of age, unless the
with the parent chosen is
unfit.
provisions of
Article
43(2); No child under 7
- Appl years of age shall
y be separated
FC from the mother
102 unless the court
if finds compelling
ACP reasons to order
, FC otherwise.
129
if - Doctrine in Matute v. Macadaeg
CP
G (4) The
- No offending
shar spouse shall
e for be
guilt disqualified
y from
part inheriting
y from the
(Qui innocent
ao spouse by
v. intestate
succession.
 Moreover,
provisions in Laperal v. Republic
favor of the - S$="’(+$J"#"&5*%(=#"%&$4(;(A"##5"=$
offending (+&5’’( +3F+5+&+
spouse - Wife cannot revert to maiden name
made in the
will of the
innocent On Other Effects of
spouse shall Legal Separation -
be revoked FC 64
by operation After the
of law. finality of the decree
of legal separation,
On Support - FC 198 the innocent spouse
During the may revoke the
proceedings for donations made by
legal separation or him or by her in
for annulment of favor of the
marriage, and for offending spouse, as
declaration of nullity well as the
of marriage, the designation of the
spouses and their latter as beneficiary
children shall be in any insurance
supported from the policy, even if such
properties of the designation be
absolute community stipulated as
or the conjugal irrevocable. The
partnership. After revocation of the
the final judgment donations shall be
granting the petition, recorded in the
the obligation of registries of property
mutual support in the places where
between the the properties are
spouses ceases. located. Alienations,
However, in case of liens and
legal separation, the encumbrances
court may order that registered in good
the guilty spouse faith before the
shall give support to recording of the
the innocent one, complaint for
specifying the terms revocation in the
of such order. registries of property
shall be respected.
On the Use of The revocation of or
Surname - NCC 372 change in the
When legal designation of the
separation has been insurance
granted, the wife beneficiary shall
shall continue using take effect upon
her name and written notification
surname employed thereof to the
before the legal insured.
separation. The action
to revoke the
donation under this
Article must be
brought within five
years from the time
the decree of legal cati
separation become onal
final. ben
efits
R.A. No. 8972 - - NH
“Solo Parents’ A:
Welfare Act of 2000” hou
Benefits sing
awarded to solo assi
parents, regardless stan
of circumstance ce
(Solo by choice or - DIL
by decree of legal G:
separation): sec
1. Any solo urity
parent and
whose safe
income falls ty
under the 3. Flexible
poverty work
threshold schedule -
shall be DOLE
eligible for 4. Protection
support from against
the discriminatio
government n in the
2. Comprehen workplace
sive - DOLE
package of
social On Reconciliation -
developmen FC 65-67
t and FC 65 - If the
welfare spouses should
services reconcile, a
- DS corresponding joint
WD: manifestation under
broa oath duly signed by
d them shall be filed
gov with the court in the
ern same proceeding for
men legal separation.
t
sup FC 66 - The
port reconciliation
- DO referred to in the
H: preceding Articles
med shall have the
ical following
assi consequences:
stan (1) The legal
ce separation
- DE proceedings
CS, , if still
CH pending,
ED, shall thereby
TES be
DA: terminated
edu
 at whatever creditors,
stage; and their
(2) The final addresses
decree of and the
legal amounts
separation owing to
shall be set each.
aside, but The
the agreement of revival
separation and the motion for
of property its approval shall be
and any filed with the court in
forfeiture of the same
the share of proceeding for legal
the guilty separation, with
spouse copies of both
already furnished to the
effected creditors named
shall therein. After due
subsist, hearing, the court
unless the shall, in its order,
spouses take measure to
agree to protect the interest
revive their of creditors and
former such order shall be
property recorded in the
regime. proper registries of
The court's properties.
order containing the The
foregoing shall be recording of the
recorded in the ordering in the
proper civil registries of property
registries. shall not prejudice
any creditor not
FC 67 - The listed or not notified,
agreement to revive unless the debtor-
the former property spouse has
regime referred to in sufficient separate
the preceding Article properties to satisfy
shall be executed the creditor's claim.
under oath and shall
specify: On the Effect of
(1) The Death of One of the
properties to Parties
be
contributed
anew to the
restored
regime;
(2) Those to be
retained as
separated
properties of
each
spouse; and
(3) The names
of all their
known
 Lapuz v. Eufemio
- When wife died, it caused the death of the
action on legal separation
- No partition of property relations yet
- Father of wife filed to be compulsory heir

- N*&(=#"%&$4(F$<"3+$(%*(4$<#$$(*?(
’$="’(+$J"#"&5*%(;(%*(J"#&5&5*%(*?(
J#*J$#&E(#$’"&5*%+(
- Not to be confused with Macadangdang v.
CA
- Almost substantially similar case
- Relative of the deceased became
compulsory heir because there was
already a decree of legal separation
and they were already applying FC 63