I.
Intro to Civil Law
CIVIL CODE, ARTICLES 1-18
ARTICLE 1. This Act shall be known as the “Civil Code of the
Philippines.” (n)
ARTICLE 2. Laws shall take effect after fifteen days following the
completion of their publication either in the Official Gazette or in a
newspaper of general circulation in the Philippines, unless it is
otherwise provided.
ARTICLE 3. Ignorance of the law excuses no one from compliance
therewith. (2)
ARTICLE 4. Laws shall have no retroactive effect, unless the contrary
is provided. (3)
ARTICLE 5. Acts executed against the provisions of mandatory or
prohibitory laws shall be void, except when the law itself authorizes
their validity. (4a)
ARTICLE 6. Rights may be waived, unless the waiver is contrary to
law, public order, public policy, morals, or good customs, or prejudicial
to a third person with a right recognized by law. (4a)
ARTICLE 7. Laws are repealed only by subsequent ones, and their
violation or non-observance shall not be excused by disuse, or custom
or practice to the contrary.
When the courts declare a law to be inconsistent with the
Constitution, the former shall be void and the latter shall govern.
Administrative or executive acts, orders and regulations shall be valid
only when they are not contrary to the laws or the Constitution. (5a)
ARTICLE 8. Judicial decisions applying or interpreting the laws or the
Constitution shall form part of the legal system of the Philippines. (n)
ARTICLE 9. No judge or court shall decline to render judgment by
reason of the silence, obscurity or insufficiency of the laws. (6)
ARTICLE 10. In case of doubt in the interpretation or application of
laws, it is presumed that the lawmaking body intended right and
justice to prevail. (n)
ARTICLE 11. Customs which are contrary to law, public order or public
policy shall not be countenanced. (n)
ARTICLE 12. A custom must be proved as a fact, according to the
rules of evidence. (n)
ARTICLE 13. When the laws speak of years, months, days or nights, it
shall be understood that years are of three hundred sixty-five days
each; months, of thirty days; days, of twenty-four hours; and nights
from sunset to sunrise.
If months are designated by their name, they shall be computed by
the number of days which they respectively have.
In computing a period, the first day shall be excluded, and the last
day included. (7a)
ARTICLE 14. Penal laws and those of public security and safety shall ARTICLE 18. In matters which are governed by the Code of
be obligatory upon all who live or sojourn in Philippine territory, Commerce and special laws, their deficiency shall be supplied by the
subject to the principles of public international law and to treaty provisions of this Code. (16a)
stipulations. (8a)

ARTICLE 15. Laws relating to family rights and duties, or to the status,
condition and legal capacity of persons are binding upon citizens of
the Philippines, even though living abroad. (9a)

ARTICLE 16. Real property as well as personal property is subject to

the law of the country where it is situated.

However, intestate and testamentary successions, both with respect

to the order of succession and to the amount of successional rights
and to the intrinsic validity of testamentary provisions, shall be
regulated by the national law of the person whose succession is under
consideration, whatever may be the nature of the property and
regardless of the country wherein said property may be found. (10a)

ARTICLE 17. The forms and solemnities of contracts, wills, and other
public instruments shall be governed by the laws of the country in
which they are executed.

When the acts referred to are executed before the diplomatic or

consular officials of the Republic of the Philippines in a foreign
country, the solemnities established by Philippine laws shall be
observed in their execution.

Prohibitive laws concerning persons, their acts or property, and those

which have for their object public order, public policy and good
customs shall not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions agreed upon in a
foreign country. (11a)
II. Intersection of Modern Constitutional & Traditional Family Law
1987 CONSTI
ART. II, SEC. 12, 14 / ART. XV, SEC. 1, 2, 3, 4 / ART. III, SEC. 1
ARTICLE II
Declaration of Principles and State Policies
ART. II, SECTION 12, CONSTI. The State recognizes the sanctity of
family life and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life of the
mother and the life of the unborn from conception. The natural and
primary right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive the
support of the Government.
ART. II, SECTION 14, CONSTI. The State recognizes the role of women
in nation-building, and shall ensure the fundamental equality before
the law of women and men.
ARTICLE XV
The Family
ART. XV, SECTION 1. The State recognizes the Filipino family as the
foundation of the nation. Accordingly, it shall strengthen its solidarity
and actively promote its total development.
ART. XV, SECTION 2. Marriage, as an inviolable social institution, is the
foundation of the family and shall be protected by the State.
ART. XV, SECTION 3. The State shall defend:
(1) The right of spouses to found a family in accordance with their
religious convictions and the demands of responsible parenthood;
(2) The right of children to assistance, including proper care and
nutrition, and special protection from all forms of neglect, abuse,
cruelty, exploitation, and other conditions prejudicial to their
development;
(3) The right of the family to a family living wage and income; and
(4) The right of families or family associations to participate in the
planning and implementation of policies and programs that affect
them.
ART. XV, SECTION 4. The family has the duty to care for its elderly
members but the State may also do so through just programs of
social security.
ARTICLE III
Bill of Rights
ART. III, SECTION 1. No person shall be deprived of life, liberty, or
property without due process of law, nor shall any person be denied
the equal protection of the laws.
III. Civil Personality
CIVIL CODE
ARTICLES 37, 40, 41, 42
ARTICLES 42, 45, 46, 47
ARTICLE 43; RULE 131 SEC. 3(jj)
Art. 37, CC. Juridical capacity, which is the fitness to be the subject of
legal relations, is inherent in every natural person and is lost only
through death. Capacity to act, which is the power to do acts with
legal effect, is acquired and may be lost.
Art. 40, CC. Birth determines personality; but a conceived child is
considered born for all purposes that are favorable to it, provided it
be born later with the conditions specified in the following article.
Art. 41, CC. For civil purposes, the fetus is considered born if it is alive
at the time it is completely delivered from the mother's womb.
However, if the fetus had an intra-uterine life of less than seven
months, it is not deemed born if it dies within 24 hours after its
complete delivery from the maternal womb.
Art. 42, CC. Civil personality is extinguished by death. The effect of
death upon the rights and obligations of the deceased is determined
by law, by contract, and by will.
Art. 44, CC. The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for public interest or
purpose, created by law; their personality begins as soon as they
have been constituted according to law;
(3) Corporations, partnerships and associations for private interest or
purpose to which the law grants a juridical personality, separate and
distinct from that of each shareholder, partner or member.
Art. 45, CC. Juridical persons mentioned in Nos. 1 and 2 of the
preceding article are governed by the laws creating or recognizing
them.
Private corporations are regulated by laws of general application on
the subject.
Partnerships and associations for private interest or purpose are
governed by the provisions of this Code concerning partnerships.
Art. 46, CC. Juridical persons may acquire and possess property of all
kinds, as well as incur obligations and bring civil or criminal actions,
in conformity with the laws and regulations of their organization.
(38a)
Art. 47, CC. Upon the dissolution of corporations, institutions and
other entities for public interest or purpose mentioned in No. 2 of
article 44, their property and other assets shall be disposed of in
pursuance of law or the charter creating them. If nothing has been
specified on this point, the property and other assets shall be applied
to similar purposes for the benefit of the region, province, city or
municipality which during the existence of the institution derived the
principal benefits from the same. (39a)
Art. 43, CC. If there is a doubt, as between two or more persons who
are called to succeed each other, as to which of them died first,
whoever alleges the death of one prior to the other, shall prove the
same; in the absence of proof, it is presumed that they died at the
same time and there shall be no transmission of rights from one to
the other.
Rule 131, Rules of Court
(jj) That except for purposes of succession, when two persons perish
in the same calamity, such as wreck, battle, or conflagration, and it is
not shown who died first, and there are no particular circumstances
from which it can be inferred, the survivorship is determined from the
probabilities resulting from the strength and the age of the sexes,
according to the following rules:
1. If both were under the age of fifteen years, the older is deemed to
have survived;
2. If both were above the age sixty, the younger is deemed to have
survived;
3. If one is under fifteen and the other above sixty, the former is
deemed to have survived;
4. If both be over fifteen and under sixty, and the sex be different,
the male is deemed to have survived, if the sex be the same, the
older;
5. If one be under fifteen or over sixty, and the other between those
ages, the latter is deemed to have survived.
PRESUMPTION OF CAPACITY
A person’s capacity to act is presumed if he had not been previously
declared incapacitated and the presumption continues until the
contrary is proven.
RESTRICTIONS ON CAPACITY
Art. 38, CC. Minority, insanity or imbecility, the state of being a
deaf-mute, prodigality and civil interdiction are mere restrictions on
capacity to act, and do not exempt the incapacitated person from
certain obligations, as when the latter arise from his acts or from
property relations, such as easements.
Art. 39, CC. The following circumstances, among others, modify or
limit capacity to act: age, insanity, imbecility, the state of being a
deaf-mute, penalty, prodigality, family relations, alienage, absence,
insolvency and trusteeship. The consequences of these circumstances
are governed in this Code, other codes, the Rules of Court, and in
special laws. Capacity to act is not limited on account of religious
belief or political opinion.
EFFECTS OF MINORITY ON CONTRACTS
➔ Voidable or unenforceable (general rule)
➔ Valid in Mercado v Espiritu bec of estoppel
Mercado v Espiritu active misrep, estoppel
Bambalan v Maramba No misrep, forced to sign; voidable bec
minors + vitiated consent
passive misrep, restitution to ext
Braganza v Villa Abrille
benefited
★ Unemancipated minors cannot give consent to a contract
(Art. 1327, CC).
★ When one of the parties is a minor (incapable of giving
consent) or consent was vitiated, the contract is voidable or
annullable (Art. 1390).
★ When both parties are minors (both incapable of giving
consent), the contract is unenforceable (Art. 1403, CC).
★ Minority of the other party cannot be asserted by the
capable party in an action for annulment (Art. 1397, CC).
★ A minor is not obliged to make restitution, except insofar as
he has been benefited by the thing or price he received (Art.
1399, CC).
★ A minor has no right to demand the thing/price he voluntarily
returned (Art. 1426, CC).
 ★ A minor has no right to recover a voluntarily paid sum or
delivered thing, if it has already been consumed in good faith
(Art. 1427, CC).
★ A minor must pay a reasonable amount for necessaries
delivered to him (Art. 1489, CC).
EFFECTS OF MINORITY ON MARRIAGE
➔ Void ab initio (general rule)
Art. 5, FC. Any male or female of the age of eighteen years or
upwards not under any of the impediments mentioned in Articles 37
and 38 may contract marriage.
Art. 35(1), FC. The following marriages shall be void from the
beginning: (1) Those contracted by any party below eighteen years of
age even with the consent of parents or guardians;
EFFECTS OF MINORITY ON CRIMES
➔ Exempt from criminal liability (general rule)
➔ If 15-17 y/o and no discernment, subjected to intervention
➔ If 15-17 y/o and WITH discernment, appropriate proceedings
Juvenile Justice and Welfare Act of 2006
★ A child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal
liability. (Sec. 6)
★ A child above fifteen (15) years but below eighteen (18) years
of age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has
acted with discernment, in which case, such child shall be
subjected to the appropriate proceedings in accordance with
this Act. (Sec. 6)
★ The exemption from criminal liability herein established does
not include exemption from civil liability, which shall be
enforced in accordance with existing laws. (Sec. 6)
Sec. 7. Determination of Age. – The child in conflict with the law shall
enjoy the presumption of minority. He/She shall enjoy all the rights of
a child in conflict with the law until he/she is proven to be eighteen
(18) years old or older. xxx In case of doubt as to the age of the child,
it shall be resolved in his/her favor. xxx
Sec. 20. Children Below the Age of Criminal Responsibility. – If it has
been determined that the child taken into custody is fifteen (15) years
old or below, the authority which will have an initial contact with the
child has the duty to immediately release the child to the custody of
his/her parents or guardian, or in the absence thereof, the child’s
nearest relative.
Sec. 58. Offenses Not Applicable to Children. – Persons below
eighteen (18) years of age shall be exempt from prosecution for the
crime of vagrancy and prostitution under Section 202 of the Revised
Penal Code, of mendicancy under Presidential Decree No. 1563, and
sniffing of rugby under Presidential Decree No. 1619, such prosecution
being inconsistent with the United Nations Convention on the Rights
of the Child: Provided, That said persons shall undergo appropriate
counseling and treatment program.
EFFECTS OF INSANITY ON CONTRACTS
➔ Voidable or unenforceable (general rule)
➔ Valid if during a lucid interval
★ Insane or demented persons cannot give consent to a
contract (Art. 1327, NCC).
★ However, contracts entered into during a lucid interval are
valid (Art. 1328, NCC).
★ In contrast, contracts agreed to in a state of drunkenness or
during a hypnotic spell are voidable (Art. 1328, CC).
★ When one of the parties is insane or demented (incapable of
giving consent), the contract is voidable or annullable (Art.
1390).
 ★ When both parties are insane (both incapable of giving
consent), the contract is unenforceable (Art. 1403, CC).
★ An insane person is not obliged to make restitution, except
insofar as he has been benefited by the thing or price he
received (Art. 1399, CC).
EFFECTS OF INSANITY ON MARRIAGE
➔ Voidable (ground for annulment)
★ Insanity–if existing at the time of the marriage–is a ground
for annulment. It makes the marriage voidable, subject to
ratification by incapacitated party through cohabitation
after coming to reason (Art. 45, FC). (Note also Art. 47, FC).
EFFECTS OF INSANITY ON CRIMES
➔ Exempt from criminal liability (general rule)
➔ Unless acted during lucid interval
★ Imbecile or insane persons are exempt from criminal liability,
unless they acted during a lucid interval (Art. 12, RPC).
STATE OF BEING DEAF-MUTE AS RESTRICTION ON CAPACITY
➔ If literate (can write): can give consent to contracts
➔ All deaf-mutes can execute a will but cannot be a witness to
execution
★ Deaf-mutes who do not know how to write cannot give
consent to a contract (Art. 1327, CC).
★ Deaf or deaf-mutes can execute a will, provided they
personally read the same, or have two persons read and
communicate the contents to him (Art. 807, CC).
★ Deaf persons CANNOT be a witness to the execution of a
will (Art. 820, CC).
PRODIGALITY AS RESTRICTION ON CAPACITY
A prodigal is a person who by excessive drinking, gambling, idleness,
or debauchery of any kind shall so spend, waste or lessen his estate
as to expose himself or his family to want or suffering.
In order to render a person legally unfit to administer his own affairs
his acts of prodigality must show a morbid mind and a disposition
to spend or waste the estate so as to expose his family to want or to
deprive his forced heirs of their inheritances. —Martinez v. Martinez
Effect of prodigality
★ Prodigal may no longer be allowed to administer his own
affairs
★ He will be placed under guardianship—he can no longer act
on his own (limited capacity)
CIVIL INTERDICTION AS RESTRICTION ON CAPACITY
Civil interdiction is an accessory penalty which deprives the offender
of the rights of parental authority or guardianship, of marital
authority, and the right to manage and dispose of his property (Art.
34, RPC).
★ A penalty of civil interdiction is considered sufficient cause
for judicial separation of property (Art. 135(1), FC).
★ When one spouse is sentenced to a penalty which carries with
it civil interdiction, the court may transfer the administration
of his exclusive property to the other spouse (Art. 142(3), FC).
FAMILY RELATIONS
★ It is a justifying circumstance if one acted in defense of
person/rights of spouse, ascendants, descendants,
brothers/sisters, and other relatives up to the 4th civil degree
(Art. 11, RPC).
 ★ It is a mitigating circumstance if acted in the immediate
vindication of a grave offense/felony committed against his
spouse, ascendants, or relatives by affinity within the same
degrees (Art. 13, RPC).
★ Marriages between a) ascendants and descendants of any
degree, and b) between brothers and sisters whether of full or
half-blood, are incestuous and void from the beginning,
whether relationship between the parties be legitimate or
illegitimate (Art. 37, FC).
★ Prescription does not run between a husband and wife,
nor between parents and children during minority/insanity of
the latter (Art. 1109, CC).
★ Husband and wife cannot sell property to each other, except
1) when separation of property is agreed upon in the
marriage settlements, or 2) when there has been judicial
separation of property (Art. 1490, CC).
★ Donations/grants of gratuitous advantage between the
spouses during the marriage shall be void, except moderate
gifts on special occasions (Art. 87, FC).
★ Descendants cannot be compelled to testify in a criminal
case against his parents and grandparents, except when
such testimony is indispensable in a crime against the
descendant or by one parent against the other (Art. 215, FC).
★ Absence of one spouse for 7 years (or 2 yrs where there is
danger of death) allows the present spouse to remarry under
conditions specified in Art. 41
Art 41, FC. A marriage contracted by any person during
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 Article 391 of 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.
Art 42, FC. The subsequent marriage referred to in the preceding
Article shall be automatically terminated by the recording of the
affidavit of reappearance of the absent spouse, unless there is a
judgment annulling the previous marriage or declaring it void ab
initio.

ABSENCE
★ Presumption of death in normal circumstances (Art. 390, CC)
○ After 7 years (for all purposes except succession)
○ After 10 years (for succession, if less than 75 y/o)
○ After 5 years (for succession, if 75 or older)
★ Presumption of death in exceptional circumstances (Art. 391)
○ After 4 yrs (lost ship/plane, member of armed forces
who took part in war, person in danger of death)
IV. Pre-marital Controversy
BREACH OF PROMISE TO MARRY
Art. 19, 20, 21 of CC / Art. 2176, CC
Wassmer v. Velez
Tanjanco v. CA
De Jesus v. Syquia
Guevarra et al. v. Banach
Piccininni v. Hajus
ARTICLE 19, CC. 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.
ARTICLE 20, CC. Every person who, contrary to law, wilfully or
negligently causes damage to another, shall indemnify the latter for
the same.
ARTICLE 21, CC. 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.
ARTICLE 2176, CC. Whoever by act or omission causes damage to
another, there being fault or negligence, is obliged to pay for the
damage done. Such fault or negligence, if there is no pre-existing
contractual relation between the parties, is called a quasi-delict and
is governed by the provisions of this Chapter.
Heartbalm Acts: sweeping statutes that abolished actions for breach
of promise to marry; often abolished common law actions for
alienation of affections, criminal conversation, and seduction.
V. Marriage
Art 1, FC. Marriage is a special contract of permanent union between
a man and a woman entered into in accordance with law for the
establishment of conjugal and family life. It is the foundation of the
family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix the property
relations during the marriage within the limits provided by this Code.
ARTICLE 221, CC. The following shall be void and of no effect:
(1) Any contract for personal separation between husband and wife;
(2) Every extrajudicial agreement, during marriage, for the
dissolution of the conjugal partnership of gains or of the absolute
community of property between husband and wife;
(3) Every collusion to obtain a decree of legal separation, or of
annulment of marriage;
(4) Any simulated alienation of property with intent to deprive the
compulsory heirs of their legitime.
Art. 2. No marriage shall be valid, unless these essential requisites are
present: (1) Legal capacity of the contracting parties who must be a
male and a female; and (2) Consent freely given in the presence of the
solemnizing officer.
➔ LEGAL CAPACITY: a) male and female; b) age of majority; c)
no subsisting marriage
Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in
Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the appearance of
the contracting parties before the solemnizing officer and their
personal declaration that they take each other as husband and wife
in the presence of not less than two witnesses of legal age.
Art. 4. The absence of any of the essential or formal requisites shall
render the marriage void ab initio, except as stated in Article 35 (2).
A defect in any of the essential requisites shall render the marriage
voidable as provided in Article 45.
An irregularity in the formal requisites shall not affect the validity of
the marriage but the party or parties responsible for the irregularity
shall be civilly, criminally and administratively liable.
ESSENTIAL REQUISITES
Art. 2, FC. No marriage shall be valid unless these essential requisites
are present: (1) Legal capacity of the contracting parties who must be
male and a female; and (2) Consent freely given in the presence of a
solemnizing officer.
Art. 4, FC. The absence of any of the essential or formal requisites
shall render the marriage void ab initio, except as stated in Article 35
(2). A defect in any of the essential requisites shall not affect the
validity of the marriage but the party or parties responsible for the
irregularity shall be civilly, criminally and administratively liable.
Art. 45, FC. A marriage may be annulled for any of the following
causes, existing at the time of the marriage: (3) That the consent of
either party was obtained by fraud, unless such party afterwards,
with full knowledge of the facts constituting the fraud, freely
cohabited with the other as husband and wife;
FORMAL REQUISITES
Art 3, FC. The formal requisites of marriage are: (1) Authority of the
solemnizing officer; (2) A valid marriage license except in the cases
provided for in Chapter 2 of this Title; and (3) A marriage ceremony
which takes place with the appearance of the contracting parties
before the solemnizing officer and their personal declaration that
they take each other as husband and wife in the presence of not less
that two witness of legal age.
Art 26, FC. All marriages solemnized outside the Philippines, in
accordance with the laws in force in the country where they were
solemnized, and valid there as such, shall also be valid in this country,
except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37,
and 38. (17a)
Where a marriage between a Filipino citizen and a foreigner is
validly celebrated and a divorce is thereafter validly obtained abroad
by the alien spouse capacitating him or her to remarry, the Filipino
spouse shall have capacity to remarry under Philippine law. (As
amended by Executive Order 227)
Article 17, CC. The forms and solemnities of contracts, wills, and other
public instruments shall be governed by the laws of the country in
which they are executed.
When the acts referred to are executed before the diplomatic or
consular officials of the Republic of the Philippines in a foreign
country, the solemnities established by Philippine laws shall be
observed in their execution. Prohibitive laws concerning persons, their
acts or property, and those which have for their object public order,
public policy and good customs shall not be rendered ineffective by
laws or judgments promulgated, or by determinations or conventions
agreed upon in a foreign country.
Art 4, FC. The absence of any of the essential or formal requisites
shall render the marriage void ab initio, except as stated in Article 35
(2).
A defect in any of the essential requisites shall not affect the validity
of the marriage but the party or parties responsible for the
irregularity shall be civilly, criminally and administratively liable.
➔ AUTHORITY OF SOLEMNIZING OFFICER
◆ No solemnizing authority: VOID.
◆ EXCEPTION: Both of the parties are deceived into
the marriage, believing in good faith that the
solemnizing officer has the authority.
Navarro v. Domagtoy
Aranes v. Occiano
Palma v. Judge Omelio
Keuppers v. Judge Murcia
Art 7, FC. Marriage may be solemnized by:
(1) Any incumbent member of the judiciary within the court’s
jurisdiction;
(2) Any priest, rabbi, imam, or minister of any church or religious
sect duly authorized by his church or religious sect and registered
with the civil registrar general, acting within the limits of the written
authority granted by his church or religious sect and provided that at
least one of the contracting parties belongs to the solemnizing
officer’s church or religious sect;
(3) Any ship captain or airplane chief only in the case mentioned in
Article 31;
(4) Any military commander of a unit to which a chaplain is
assigned, in the absence of the latter, during a military operation,
likewise only in the cases mentioned in Article 32;
(5) Any consul-general, consul or vice-consul in the case provided in
Article 10.
Art 8, FC. The marriage shall be solemnized publicly in the chambers
of the judge or in open court, in the church, chapel or temple, or in the
office the consul-general, consul or vice-consul, as the case may be,
and not elsewhere, except in cases of marriages contracted on the
point of death or in remote places in accordance with Article 29 of
this Code, or where both of the parties request the solemnizing officer
in writing in which case the marriage may be solemnized at a house
or place designated by them in a sworn statement to that effect.
Art 10, FC. Marriages between Filipino citizens abroad may be
solemnized by a consul-general, consul or vice-consul of the Republic
of the Philippines. The issuance of the marriage license and the duties
of the local civil registrar and of the solemnizing officer with regard to
the celebration of marriage shall be performed by said consular
official. (75a)
Art 31, FC. A marriage in articulo mortis between passengers or crew
members may also be solemnized by a ship captain or by an airplane
pilot not only while the ship is at sea or the plane is in flight, but also
during stopovers at ports of call. (74a)
Art 32, FC. A military commander of a unit, who is a commissioned
officer, shall likewise have authority to solemnize marriages in
articulo mortis between persons within the zone of military operation,
whether members of the armed forces or civilians.
Art. 35, FC. The following marriages shall be void from the beginning:
(2) Those solemnized by any person not legally authorized to perform
marriages unless such marriages were contracted with either or both
parties believing in good faith that the solemnizing officer had the
legal authority to do so;
➔ MARRIAGE LICENSE
◆ Absence of marriage license: VOID
◆ Defect in marriage license: VALID but LIABILITY
Arts. 9-34 FC (Arts. 22-23: marriage cert) (Arts. 27-34, marriages of
exceptional character)
PD 965 (1976)
Sec. 15, Sec. 23(d), RA 10354 (RH Law)
Imbong v. Ochoa
Republic v. CA | Sevilla v. Cardenas [prob val]
Alcantara v. Alcantara
Seguisabal v. Cabrera
Moreno v. Bernabe
MARRIAGES OF EXCEPTIONAL CHARACTER (Arts. 27-34)
1. In articulo mortis (Art. 27, 31, 32 FC)
a. B/n passengers/crew members may be solemnized
by ship captain or airplane chief* whether ship at
sea/plane in flight or during stopovers at ports
b. B/n persons within zone of military operation
whether armed forces or civilians by military
commander of unit
2. No means of transportation (Art. 28, FC)
3. Muslim marriages under Muslim laws (Art. 33, FC)
4. Cohabitants for 5 years without legal impediment (Art. 34,
FC)
Chapter 2. Marriages Exempted from License Requirement
Art. 27, FC. In case either or both of the contracting parties are at the
point of death, the marriage may be solemnized without necessity of
a marriage license and shall remain valid even if the ailing party
subsequently survives. (72a)
Art. 28, FC. If the residence of either party is so located that there is
no means of transportation to enable such party to appear personally
before the local civil registrar, the marriage may be solemnized
without necessity of a marriage license. (72a)
Art. 29, FC. In the cases provided for in the two preceding articles, the
solemnizing officer shall state in an affidavit executed before the
local civil registrar or any other person legally authorized to
administer oaths that the marriage was performed in articulo mortis
or that the residence of either party, specifying the barrio or
barangay, is so located that there is no means of transportation to
enable such party to appear personally before the local civil registrar
and that the officer took the necessary steps to ascertain the ages
and relationship of the contracting parties and the absence of legal
impediment to the marriage. (72a)
Art. 30, FC. The original of the affidavit required in the last preceding
article, together with the legible copy of the marriage contract, shall
be sent by the person solemnizing the marriage to the local civil
registrar of the municipality where it was performed within the period
of thirty days after the performance of the marriage. (75a)
Art. 31, FC. A marriage in articulo mortis between passengers or crew
members may also be solemnized by a ship captain or by an airplane
pilot not only while the ship is at sea or the plane is in flight, but also
during stopovers at ports of call. (74a)
Art. 32, FC. A military commander of a unit, who is a commissioned
officer, shall likewise have authority to solemnize marriages in
articulo mortis between persons within the zone of military operation,
whether members of the armed forces or civilians. (74a)
Art. 33, FC. Marriages among Muslims or among members of the
ethnic cultural communities may be performed validly without the
necessity of marriage license, provided they are solemnized in
accordance with their customs, rites or practices. (78a)
Art. 34, FC. No license shall be necessary for the marriage of a man
and a woman who have lived together as husband and wife for at
least five years and without any legal impediment to marry each
other. The contracting parties shall state the foregoing facts in an
affidavit before any person authorized by law to administer oaths.
The solemnizing officer shall also state under oath that he
ascertained the qualifications of the contracting parties are found no
legal impediment to the marriage. (76a)
De Castro v. Assidao-de Castro [Art. 34] (false affidavit of cohab)
Borja-Manzano v. Sanchez [Art. 34] (cohab must be w/o impediment)
➔ MARRIAGE CEREMONY
◆ No prescribed form is required
◆ Reqts: personal appearance of both before SO,
declaration that they take each other as husband
and wife, presence of 2 witnesses of legal age
Art 6, FC. No prescribed form or religious rite for the solemnization of
the marriage is required. It shall be necessary, however, for the
contracting parties to appear personally before the solemnizing
officer and declare in the presence of not less than two witnesses of
legal age that they take each other as husband and wife. This
declaration shall be contained in the marriage certificate which shall
be signed by the contracting parties and their witnesses and attested
by the solemnizing officer.
In case of a marriage in articulo mortis, when the party at the point
of death is unable to sign the marriage certificate, it shall be
sufficient for one of the witnesses to the marriage to write the name
of said party, which fact shall be attested by the solemnizing officer.
Art 8, FC. The marriage shall be solemnized publicly in the chambers
of the judge or in open court, in the church, chapel or temple, or in the
office the consul-general, consul or vice-consul, as the case may be,
and not elsewhere, EXCEPT in cases of marriages contracted on the
point of death or in remote places in accordance with Article 29 of
this Code, or where both of the parties request the solemnizing officer
in writing in which case the marriage may be solemnized at a house
or place designated by them in a sworn statement to that effect.
Madridejo v. de Leon (priest’s failure to send marriage cert -> valid)
Martinez v. Tan (no prescribed form for ceremony)
MUSLIM FILIPINOS AND ICCs
CMPL, Art. 13 (Applicability)
Malaki v. People (converted to islam)
Anaban v. Anaban (ibaloi divorce)
PRESUMPTION OF MARRIAGE
Article 220, CC. In case of doubt, all presumptions favor the solidarity
of the family. Thus, every intendment of law or facts leans toward the
validity of marriage, the indissolubility of the marriage bonds, the
legitimacy of children, the community of property during marriage,
the authority of parents over their children, and the validity of
defense for any member of the family in case of unlawful aggression.
Sec. 3, Rule 131. Disputable presumptions. — The following
presumptions are satisfactory if uncontradicted, but may be
contradicted and overcome by other evidence: (aa) That a man and
woman deporting themselves as husband and wife have entered into
a lawful contract of marriage;
Vda de Jacob v. CA (PoM upheld) | Abbas v. Abbas (PoM overcome)
Art. 26. All marriages solemnized outside the Philippines, in
accordance with the laws in force in the country where they were
solemnized, and valid there as such, shall also be valid in this country,
except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37
and 38. (17a)
Where a marriage between a Filipino citizen and a foreigner is validly
celebrated and a divorce is thereafter validly obtained abroad by the
alien spouse capacitating him or her to remarry, the Filipino spouse
shall have capacity to remarry under Philippine law. (As amended by
Executive Order 227)
VI. Void Marriages Republic v. Molina (8 guidelines) [IMPT!!! MEMORIZE!!!!]
Tan-Andal v. Andal

Art 4, FC. The absence of any of the essential or formal requisites Antonio v. Reyes (path liar; satisfied Molina)
shall render the marriage void ab initio, except as stated in Article 35 Tsoi v. CA
(2). xxx Choa v. Choa
Suazo v. Suazo
Art 35. The following marriages shall be void from the beginning: Marable v. Marable
Mendoza v. Republic
(1) Those contracted by any party below eighteen years of age even
Estella v. Perez (BPD, Narcissist; satisfied Tan-Andal)
with the consent of parents or guardians;
Carullo-Padua v. Padua (sexual deviant not psych incapacitated)
(2) Those solemnized by any person not legally authorized to
perform marriages UNLESS such marriages were contracted with
Art 37, FC. Marriages between the following are incestuous and
either or both parties believing in good faith that the solemnizing
void from the beginning, whether the relationship between the
officer had the legal authority to do so;
parties be legitimate or illegitimate:
(3) Those solemnized without license, EXCEPT those covered in the
(1) Between ascendants and descendants of any degree; and
preceding chapter;
(2) Between brothers and sisters, whether of the full or half blood
(4) Those bigamous or polygamous marriages not falling under
Article 41;
Art 38, FC. The following marriages shall be void from the
(5) Those contracted through mistake of one contracting party as to
beginning for reasons of public policy:
the identity of the other; and
(1) Between collateral blood relatives whether legitimate or
(6) Those subsequent marriages that are void under Art 53.
illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;
Art 36, FC. A marriage contracted by any party who, at the time of the
(3) Between parents-in-law and children-in-law;
celebration, was psychologically incapacitated to comply with the
(4) Between the adopting parent and the adopted child;
essential marital obligations of marriage, shall likewise be void even
(5) Between the surviving spouse of the adopting parent and the
if such incapacity becomes manifest only after its solemnization.
adopted child;
(6) Between the surviving spouse of the adopted child and the
Santos v. Bedia-Santos (3 grounds: G, JA, INC)
adopter;
- Psychological Incapacity must be characterized by:
(7) Between an adopted child and a legitimate child of the adopter;
- 1) Gravity - must be grave or serious such that the party
(8) Between adopted children of the same adopter; and
would be incapable of carrying out marital duties
(9) Between parties where one, with the intention to marry the other,
- 2) Juridical antecedence - must be rooted in the history of the
killed that other person’s spouse, or his or her own spouse.
party at the time of and even before the marriage, although
the overt manifestations may emerge only after the marriage
Art 39, FC. The action or defense for the declaration of absolute
- 3) Incurability - even if otherwise, the cure would be beyond
nullity of a marriage shall not prescribe.
the means of the party involved
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.
Ninal v. Baldayog
Ablaza v. Republic
David v. Calilung (AM 02-11-10 SC)
Thomas v. Trono
Art 40, FC. 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
Wiegel v. Sempio-Diy (required JDON even before FC)
Atienza v. Brillantes (1st marriage - CC, 2nd - FC; Art. 40 applies if 2nd
marriage was after FC; JDON needed)
Apiag v. Cantero (both marriages before FC & Wiegel; no need for
JDON to establish that 1st marriage void)
Zerna v. Zerna
Art 41, FC. A marriage contracted by any person during 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 the CC, an
absence of only two years shall be sufficient.
Antone v. Beronilla (JDON must be obtained BEFORE 2nd marriage to
be valid defense against bigamy charge)
Pulido v. People (Void ab initio 1st or 2nd marriage is valid defense
against bigamy regardless of JDON–whether absent or obtained late)
Art 390, CC. After an absence of seven years, it being unknown
whether or not the absentee still lives, he shall be presumed dead for
all purposes, EXCEPT for those of succession.
The absentee shall not be presumed dead for the purpose of opening
his succession until after an absence of ten years. If he disappeared
after the age of seventy-five years, an absence of five years shall be
sufficient in order that his succession may be opened.
Art 391, CC. The following shall be presumed dead for all purposes,
including the division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an
aeroplane which is missing, who has not been heard of for four years
since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and has
been missing for four years;
(3) A person who has been in danger of death under other
circumstances and his existence has not been known for four years.
Art 43, FC. The termination of subsequent marriage 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 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 designation be stipulated as irrevocable
(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.
Art 44, FC. If both spouses of the subsequent 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.
Art 50, FC. The effects provided for by paragraphs (2), (3), (4) and (5)
of Article 43 and by Article 44 shall also apply in the proper cases to
marriages which are declared void ab initio or annulled by final
judgment under Articles 40 and 45.
The final judgment in such cases shall provide for the liquidation,
partition and distribution of the properties of the spouses, the
custody and support of the common children, and the delivery of
their presumptive legitimes, unless such matters had been
adjudicated in previous judicial proceedings.
All creditors of the spouses as well as of the absolute community or
the conjugal partnership shall be notified of the proceedings for
liquidation.
In partition, the conjugal dwelling and the lot on which it is situated,
shall be adjudicated in accordance with the provisions of Articles 102
and 129
Art 51, FC. In said partition, the value of the presumptive legitimes
of all common children, computed as of the date of the final judgment
of the trial court, shall be delivered in cash, property or sound
securities, UNLESS the parties, by mutual agreement judicially
approved, had already provided for such matters.
The children or their guardian or the trustee of their property may ask
for the enforcement of the judgment.
The delivery of the presumptive legitimes herein prescribed shall in no
way prejudice the ultimate successional rights of the children
accruing upon the death of either or both parents; but the value of
the properties already received under the decree of annulment or
absolute nullity shall be considered as advances on their legitime.
Art 52, FC. The judgment of annulment or of absolute nullity of the
marriage, the partition and distribution of the properties of the
spouses, and the delivery of the children’s presumptive legitimes shall
be recorded in the appropriate civil registry and registries of
property; otherwise, the same shall not affect third persons.
Art 53, FC. Either of the former spouses may marry again after
compliance with the requirements of the immediately preceding
Article; otherwise, the subsequent marriage shall be null and void.
Art 54, FC. Children conceived or born before the judgment of
annulment or absolute nullity of the marriage under Art. 36 has
become final and executory shall be considered legitimate. Children
conceived or born of that subsequent marriage under Art. 53 shall
likewise be legitimate
Domingo v. CA (JDON can be obtained for separation of property)
Valdes v. RTC (Art. 147, 148 on co-ownership apply to void marriages.
Arts. 50-52 for valid and voidable marriages?? do not apply.)
Dino v. Dino (If marriage void under Art. 36, no need for compliance w
Arts. 50 or 51; liquidation unnecessary since property regime is
co-ownership not ACP/CPG)
VII. Voidable Marriages
Art 45, FC. A marriage may be annulled for any of the following
causes, existing at the time of the marriage:
(1) That the party in whose behalf is sought to have the marriage
annulled was eighteen years of age or over but below twenty-one,
and the marriage was solemnized without the consent of the
parents, guardian or person having substitute parental authority over
the party, in that order, UNLESS after attaining the age of
twenty-one, such party freely cohabited with the other and both lived
together as husband and wife;
(2) That either party was of unsound mind, UNLESS such party after
coming to reason, freely cohabited with the other and both lived
together as husband and wife;
(3) That the consent of either party was obtained by fraud, UNLESS
such party afterwards, with full knowledge of the facts constituting
the fraud, freely cohabited with the other as husband and wife;
(4) That the consent of either party was obtained by force,
intimidation or undue influence, UNLESS the same having
disappeared or ceased, such party thereafter freely cohabited with
the other as husband and wife;
(5) That either party was physically incapable of consummating the
marriage with the other, and such incapacity continues and appears
to be incurable;
(6) That either party was afflicted with a sexually-transmissible
disease found to be serious and appears to be incurable.
Moe v. Dinkins (parental consent reqt for minors is constitutional)
Katipunan v. Tenorio (insanity must be existing at time of marriage)
Suntay v. Cojuangco-Suntay (insanity is ground for annulment, not
nullity -> granddaughter is legitimate)
Art 46, FC. Any of the following circumstances shall constitute fraud
referred to in Number 3 of the preceding Article:
(1) Non-disclosure of a previous conviction by final judgment of the
other party of a crime involving moral turpitude;
(2) Concealment by the wife of the fact that at the time of the
marriage, she was pregnant by a man other than her husband
(3) Concealment of sexually transmissible disease, regardless of its
nature, existing at the time of the marriage;
(4) Concealment of drug addiction, habitual alcoholism or
homosexuality or lesbianism existing at the time of the marriage.
No other misrepresentation or deceit as to character, health, rank,
fortune or chastity shall constitute such fraud as will give grounds for
action for the annulment of marriage.
Art. 47. The action for annulment of marriage must be filed by the
following persons and within the periods indicated herein:
(1) For causes mentioned in number 1 of Article 45 by the party whose
parent or guardian did not give his or her consent, within five years
after attaining the age of twenty-one, or by the parent or guardian or
person having legal charge of the minor, at any time before such
party has reached the age of twenty-one;
(2) For causes mentioned in number 2 of Article 45, by the same
spouse, who had no knowledge of the other’s insanity; or by any
relative or guardian or person having legal charge of the insane, at
any time before the death of either party, or by the insane spouse
during a lucid interval or after regaining sanity;
(3) For causes mentioned in number 3 of Article 45, by the injured
party, within five years after the discovery of the fraud;
(4) For causes mentioned in number 4 of Article 45, by the injured
party, within five years from the time the force, intimidation or undue
influence disappeared or ceased;

(5) For causes mentioned in number 5 and 6 of Article 45, by the
injured party, within five years after the marriage.
Buccat v. Buccat (gave birth 89 days after; no fraud because 6 month
pregnancy should have been readily noticeable)
Aquino v. Delizo (naturally plump; there was fraud; pregnancy not yet
obvious–only at 4th month)
Republic v. Villacorta (concealed pregnancy must have been at time
of marriage + done in bad faith)
Anaya v. Palaroan (Misrepresentation as to chastity does not
constitute such fraud as would give rise to action for annulment)
Yu v. Yu (custody & support should be provided during pendency of
action; custody issue deemed included in case for DON)
Tamano v. Ortiz (Shari’a courts don’t have EXCLUSIVE jurisdiction
over marriages solemnized under both civil and Muslim rites; RTCs still
have jurisdiction as well)
Art 371, CC. In case of annulment of marriage, and the wife is the
guilty party, she shall resume her maiden name and surname. If she
is the innocent spouse, she may resume her maiden name and
surname. However, she may choose to continue employing her former
husband’s surname, UNLESS
(1) The court decrees otherwise; or
(2) She or the former husband is married again to another person.

Ruiz v. Atienza

Sarao v Guevarra (wife had tumor wc was removed thru operation;

impotency =/= sterility; refers only to inability to copulate, not
procreate)
Jimenez v Republic (wife’s vagina too small; did not appear in court,
must be medically examined)

ABSENCE & REAPPEARANCE OF ABSENT SPOUSE

Arts. 41-42, FC

SSS v. Jarque (mere reappearance w/o affidavit does not terminate

2nd marriage)
Republic v. Granada (no WFB but judgment already final)
Republic v. Catubag (no WFB; passive search, Bombo Radyo)
Republic v. Quinone (no WFB; Lovelyn left Remar, heard she may be
living w someone else)
Republic v. Orcelino Villanueva (no WFB; lacked evidence of diligent
search)
VIII. Legal Separation
Art 55, FC. A petition for legal separation may be filed on any of the
following grounds:
(1) Repeated physical violence or grossly abusive conduct directed
against the petitioner, a common child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the petitioner to
change religious or political affiliation;
(3) Attempt of respondent to corrupt or induce the petitioner, a
common child, or a child of the petitioner, to engage in prostitution,
or connivance in such corruption or inducement;
(4) Final judgment sentencing the respondent to imprisonment of
more than six years, even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous
marriage, whether in the Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable
cause for more than one year.
For purposes of this Article, the term “child” shall include a child by
nature or by adoption. (9a)
Art 56, FC. The petition for legal separation shall be denied on any of
the following grounds:
(1) Where the aggrieved party has condoned the offense or act
complained of;
(2) Where the aggrieved party has consented to the commission of
the offense or act complained of;
(3) Where there is connivance between the parties in the commission
of the offense or act constituting the ground for legal separation;
(4) Where both parties have given ground for legal separation;
(5) Where there is collusion between the parties to obtain the decree
of legal separation; or
(6) Where the action is barred by prescription.
Art. 57. An action for legal separation shall be filed within five years
from the time of the occurrence of the cause. (102)
Art. 58. An action for legal separation shall in no case be tried before
six months shall have elapsed since the filing of the petition. (103)
Art. 59. No legal separation may be decreed unless the Court has
taken steps toward the reconciliation of the spouses and is fully
satisfied, despite such efforts, that reconciliation is highly improbable.
(n)
Art. 60. No decree of legal separation shall be based upon a
stipulation of facts or a confession of judgment.
In any case, the Court shall order the prosecuting attorney or fiscal
assigned to it to take steps to prevent collusion between the parties
and to take care that the evidence is not fabricated or suppressed.
(101a)
Art. 61. After the filing of the petition for legal separation, the spouses
shall be entitled to live separately from each other.
The court, in the absence of a written agreement between the
spouses, shall designate either of them or a third person to administer
the absolute community or conjugal partnership property. The
administrator appointed by the court shall have the same powers and
duties as those of a guardian under the Rules of Court. (104a)
Art. 62. During the pendency of the action for legal separation, the
provisions of Article 49 shall likewise apply to the support of the
spouses and the custody and support of the common children. (105a)
Art. 63. The decree of legal separation shall have the following effects:
(1) The spouses shall be entitled to live separately from each
other, but the marriage bonds shall not be severed;
(2) The absolute community or the conjugal partnership shall be
dissolved and liquidated but the offending spouse shall have no right
to any share of the net profits earned by the absolute community or
the conjugal partnership, which shall be forfeited in accordance with
the provisions of Article 43(2);
(3) The custody of the minor children shall be awarded to the innocent
spouse, subject to the provisions of Article 213 of this Code; and
(4) The offending spouse shall be disqualified from inheriting from the
innocent spouse by intestate succession. Moreover, provisions in favor
of the offending spouse made in the will of the innocent spouse shall
be revoked by operation of law.
Art. 64. After the finality of the decree of legal separation, the
innocent spouse may revoke the donations made by him or by her in
favor of the offending spouse, as well as the designation of the latter
as beneficiary in any insurance policy, even if such designation be
stipulated as irrevocable. The revocation of the donations shall be
recorded in the registries of property in the places where the
properties are located. Alienations, liens and encumbrances
registered in good faith before the recording of the complaint for
revocation in the registries of property shall be respected. The
revocation of or change in the designation of the insurance
beneficiary shall take effect upon written notification thereof to the
insured.
The action to revoke the donation under this Article must be brought
within five years from the time the decree of legal separation become
final. (107a)
Art. 65. If the spouses should reconcile, a corresponding joint
manifestation under oath duly signed by them shall be filed with the
court in the same proceeding for legal separation. (n)
Art. 66. The reconciliation referred to in the preceding Articles shall
have the following consequences:
(1) The legal separation proceedings, if still pending, shall thereby be
terminated at whatever stage; and
(2) The final decree of legal separation shall be set aside, but the
separation of property and any forfeiture of the share of the guilty
spouse already effected shall subsist, unless the spouses agree to
revive their former property regime.
The court’s order containing the foregoing shall be recorded in the
proper civil registries. (108a)
Art. 67. The agreement to revive the former property regime referred
to in the preceding Article shall be executed under oath and shall
specify:
(1) The properties to 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 creditors, their addresses and the
amounts owing to each.
XXXX
USE OF SURNAME
Art. 372, CC. When legal separation has been granted, the wife shall
continue using her name and surname employed before the legal
separation.

Laperal v. Republic
IX. De Facto Separation

Estrada v. Escritor — Escritor charged w disgraceful and immoral

conduct for extramarital cohabitation n having child with Quilapio. Ct
held that her case warrants an exemption from the law based on her
fundamental right to freedom of religion (Free Exercise Clause).

Banaag v. Espeleta — Former Ct interpreter Olivia Espeleta is guilty of

disgraceful and immoral conduct for maintaining an illicit relationship
with a married man (Avelino Banaag).

Sy v. CA — custody of children under 7 granted to mother unless

proven unfit (husband failed to prove his claims of wife’s insanity,
abandonment, and inability to provide)

Partosa-Jo v. CA — Prima Jo is entitled to judicial separation of

property under both grounds: abandonment w/o just cause and
failure to comply with marital obligations
➔ Abandonment implies a departure by one spouse with the
avowed intent never to return, followed by prolonged
absence without just cause, and without in the meantime
providing in the least for one's family although able to do so.
There must be absolute cessation of marital relations,
duties and rights, with the intention of perpetual
separation.
 X. Divorce
Rationale of Art. 26(2): “to avoid the absurd situation of a Filipino
as still being married to his or her alien spouse,
although the latter is no longer married to the former
because he or she has obtained a divorce abroad that is
recognized by his or her national law.”
BETWEEN FILIPINOS
Tenchavez v. Escano — divorce b/n 2 Filipinos not valid (they are not
Muslim)
FILIPINO AND NATURALIZED SPOUSE
Quita v. CA — Wife was naturalized and obtained divorce. (Question
of wc happened 1st will determine whether marriage remained valid
and if petitioner has right to inherit from deceased spouse)
Republic v. Orbecido — Court recognized divorce obtained by
naturalized wife, allowed Orbecido to remarry (Reckoning point is
citizenship at time of divorce)
FILIPINO AND ALIEN SPOUSE
Van Dorn v. Romillo — Divorce obtained by alien spouse may be
recognized in PH (Am husband estopped from asserting rights to
conjugal property – Galleon Trade)
Fujiki v. Marinay — Petition for recognition of foreign divorce decree
may be made in Rule 108 proceeding or correction/cancellation of
entry
Republic v. Manalo — Ct held that Art. 26(2) applies even if Filipino
spouse was the one who filed for divorce abroad
Corpuz v. Sto. Tomas — alien spouse can claim no right under 26(2),
but can file for recognition of foreign judgment
BETWEEN TWO FOREIGNERS
There is NO provision in law requiring the PH courts to recognize
a foreign divorce decree between non-Filipinos.
● But PH courts recognize foreign divorce decrees based on
the principle of international comity.
○ As long as it does NOT violate a strongly held
policy of the PH.
XI. Muslim Divorces
Art. 13, CMPL. CMPL applies to cases where both parties are Muslims
or where male party is Muslim and marriage is solemnized in
accordance with Muslim law.
❖ Divorce or talaq is the formal dissolution of the marriage
bond in accordance with this Code to be granted only after
the exhaustion of all possible means of reconciliation
between the spouses.
Art 45, CMPL. Definition and forms. Divorce is the formal dissolution
of the marriage bond in accordance with this Code to be granted
only after the exhaustion of all possible means of reconciliation
between the spouses. It may be effected by:
(a) Repudiation of the wife by the husband (talaq);
(b) Vow of continence by the husband (ila);
(c) Injurious assimilation of the wife by the husband (zihar);
(d) Acts of imprecation (li'an);
(e) Redemption by the wife (khul');
(f) Exercise by the wife of the delegated right to repudiate (tafwld);
or
(g) Judicial decree (faskh)
Art 52, CMPL. Divorce by faskh. - The court may, upon petition of the
wife, decree a divorce by faskh on any of the following grounds :
(a) Neglect or failure of the husband to provide support for the
family for at least six consecutive months;
(b) Conviction of the husband by final judgment sentencing him to
imprisonment for at least one year;
(c) Failure of the husband to perform for six months without
reasonable cause his marital obligation in accordance with this
code;
(d) Impotency of the husband;
(e) Insanity or affliction of the husband with an incurable disease
which would make the continuance of the marriage relationship
injurious to the family;
(f) Unusual cruelty of the husband as defined under the next
succeeding article; or
(g) Any other cause recognized under Muslim law for the dissolution
of marriage by faskh either at the instance of the wife or the
proper wali.
Art 54, CMPL. Effects of irrevocable talaq or faskh. -
A talaq or faskh, as soon as it becomes irrevocable, shall have the
following effects:
(a) The marriage bond shall be severed and the spouses may
contract another marriage in accordance with this Code;
(b) The spouses shall lose their mutual rights of inheritance;
(c) The custody of children shall be determined in accordance with
Article 78 of this code;
(d) The wife shall be entitled to recover from the husband her whole
dower in case the talaq has been affected after the
consummation of the marriage, or one-half thereof if effected
before its consummation;
(e) The husband shall not be discharged from his obligation to give
support in accordance with Article 67; and
(f) The conjugal partnership, if stipulated in the marriage
settlements, shall be dissolved and liquidated.
Art 56, CMPL. Idda defined. -
Idda is the period of waiting prescribed for a woman whose
marriage has been dissolved by death or by divorce the completion of
which shall enable her to contract a new marriage.
Art 57, CMPL. Period. -
(1) Every wife shall be obliged to observe 'idda as follows:
(a) In case of dissolution of marriage by death, four
months and ten days counted from the death of her husband;
(b) In case of termination of marriage by divorce, for three
monthly courses; or
(c) In case of a pregnant women, for a period extending
until her delivery.
(2) Should the husband die while the wife is observing 'idda for
divorce, another 'idda for death shall be observed in accordance
with paragraph 1(a)
YASIN v SHARI’A DISTRICT COURT [1995]
FACTS: Muslims married in accordance with Muslim rites but got
divorced. Wife filed petition to resume using her maiden name.
DOCTRINE: When a woman marries, she does not change her
name but only her civil status. When the marriage bond no longer
exists, the widow or divorcee does not need to seek judicial
confirmation of the change in her civil status in order to revert to her
maiden name.
RULING: She is allowed to use her maiden name. There is no legal
prohibition against obtaining a judicial confirmation of a legal right.
PACASUM, SR v ZAMORANOS [2017]
FACTS: Muslims got married. Husband filed complaint for bigamy.
Wife proved that previous marriage dissolved in accordance with
Muslim Code, and she converted to Islam prior to marriage.
DOCTRINE: Divorce is valid provided it had been issued for a cause
recognized under the applicable law by a competent court which
has the jurisdiction over the parties.
RULING: Divorce of previous marriage is valid.
Pacasum's administrative complaint is wholly dependent on the
continuing validity of the marriage between Zamoranos and De
Guzman.
HOWEVER, the validity of Zamoranos’ decree had already been
settled in a previous case (criminal charge for bigamy). Following the
doctrine of conclusiveness of judgment, the parties are now bound by
this earlier finding.
HENCE, Pacasum's complaint for immorality based on Zamoranos'
alleged bigamy has no leg to stand on.
XII. Rights and Obligations of Spouses
In re Santiago
Goitia v. Campos-Rueda
Garcia v. Santiago (seduction between stepsiblings. Wife filed for
separation)
Warren v. State (marital rape)
People v. Jumawan (marital rape in ph)
Thurman v. Torrington (police didn’t help)
Garcia v. Drilon (upheld constitutionality of Anti-VAWC law;
substantial classification based on statistics and sociocultural context
of unequal power relation)
Go-Tan v. Tan (conspiracy b/n parents-in-law and abusive spouse is
covered by Anti-VAWC law; granted TPO)
Art 68, FC. The husband and wife are obliged to live together,
observe mutual love, respect and fidelity, and render mutual help
and support.
- Marriage involves right to consortium, but court can’t compel
spouses to live together or have sexual relations.
- Observing mutual love and respect means there should be no
cruelty and coercion (marital rape is still rape; husband can’t
abuse wife in the guise of ‘disciplining’ her)
Art 69, FC. The husband and wife shall fix the family domicile. In
case of disagreement, the court shall decide.
Art 70, FC. The spouses are jointly responsible for the support of
the family. The expenses for such support and other conjugal
obligations shall be paid from the community property and, in the
absence thereof, from the income or fruits of their separate
properties. In case of insufficiency or absence of said income or
fruits,such obligations shall be satisfied from their separate
Properties.
Art 71, FC. The management of the household shall be the right
and duty of BOTH spouses. The expenses for such management
shall be paid in accordance with the provisions of Article 70.
Art 73, FC. Either spouse may exercise any legitimate profession,
occupation, business or activity without the consent of the other.
The latter may object only on valid, serious, and moral grounds.
In case of disagreement, the court shall decide whether or not:
(1) The objection is proper; and
(2) Benefit has accrued to the family prior to the objection or
thereafter. If the benefit accrued prior to the objection, the
resulting obligation shall be enforced against the separate
property of the spouse who has not obtained consent.
The foregoing provisions shall not prejudice the rights of creditors
who acted in good faith.
USE OF SURNAME
Tolentino v. CA (3rd wife wanted to stop 1st wife from using Tolentino
surname; Ct held no usurpation)
Silva v. Peralta (2nd marriage void for subsistence of 1st; since void,
can’t use husband’s surname – however, 2nd wife was in good faith)
Art 370, CC. A married woman may use:
(1) Her maiden first name and surname and add her husband’s
surname; or
(2) Her maiden first name and her husband’s surname; or
(3) Her husband’s full name, but prefixing a word indicating that
she is his wife, such as “Mrs.”
Art 373, CC. A widow may use the deceased husband’s surname
as though he were still living, in accordance with Article 370
Art 376, CC. No person can change his name or surname without
judicial authority.
Art 377, CC. Usurpation of a name and surname may be the
subject of an action for damages and other relief.

Art 378, CC. The unauthorized or unlawful use of another

person’s surname gives a right of action to the latter.