PERSONS AND FAMILY

RELATIONS
When Law Takes Effect Doctrine

•Is publication
dispensable?
Indispensability of publication
GR: All laws are required to be published in full.
XPNs to the Publication Requirement: O-R-L-I
a) Municipal Ordinances (governed by the Local Government Code);
b) Rules and regulations which are internal in nature (regulating only
the personnel of the administrative agency and not the public);
c) Letters of Instruction issued by administrative supervisors on
internal rules and guidelines to be followed by their subordinates in
the performance of their duties;
d)Interpretative regulations regulating only the personnel of
administrative agency. (Association of Southern Tagalog Electric
Cooperatives, Inc. v. Energy Regulatory Board, G.R. No. 192117,
September 18, 2012).
XPNs to the XPNs: D-E-P Administrative rules
and regulations that require publication
a)The purpose of which is to
implement or enforce existing
laws pursuant to a valid
Delegation;
b)Penal in nature;
c)It diminishes Existing rights of
certain individuals.
DENR EMPLOYEES UNION VS. SECRETARY
FLORENCIO B. ABAD, G.R. No. 204152, January 19,
2021, En Banc, CJ Peralta.
•ISSUE: Whether or not publication is
indispensable in the issuance of
DBM Budget Circular No. 2011-5.
• Accordingly, an administrative regulation can be construed
as simply interpretative or internal in nature, dispensing
with the requirement of publication, when its applicability
needs nothing further than its bare issuance, for it gives no
real consequence more than what the law itself has already
prescribed. When, however, the administrative rule goes
beyond merely providing for the means that can facilitate
or render least cumbersome the implementation of the law
but substantially increases the burden of those governed, it
behooves the agency to accord at least to those directly
affected a chance to be heard, and thereafter, to be duly
informed, before that new issuance is given the force and
effect of law.
IGNORANCE OF THE LAW
DOCTRINE
• Presumption of knowledge of laws
• GR: Everyone is conclusively presumed to know
the law. Hence, ignorance of the law excuses no
one from compliance therewith (NCC, Art. 3).
XPNs:

1.Mistake upon a doubtful or difficult question of law

may be the basis of good faith [NCC,Art. 526 (3)].
2.Payment by reason of a mistake in the construction
or application of a doubtful or difficult question of
law may come within the scope of the preceding
article (NCC, Art. 2155).
3.In order that fraud may make a contract voidable, it
should be serious and should not have been
employed by both contracting parties. Incidental
fraud only obliges the person employing it to pay
damages (NCC, Art. 1344).
Laws covered
•Non-applicability to foreign laws
•Ignorance of a foreign law is a mistake
of fact. There is no presumption of
knowledge of foreign laws. It must be
alleged and proved as a matter of fact;
otherwise, the doctrine of processual
presumption will apply.
Doctrine of Processual Presumption

• the party who wants to have a foreign law

applied to a dispute or case has the burden of
proving the foreign law. The foreign law is
treated as a question of fact to be properly
pleaded and proved as the judge or labor arbiter
cannot take judicial notice of a foreign law. He is
presumed to know only domestic or forum law
(ATCI Overseas Corporation, et al. v. Echin,
G.R. No. 178551, October 11, 2010).
Retroactivity of Laws
• GR: Laws shall have no retroactive effect (lex prospicit, non respicit).
• XPNs: (T-I-N-C-R-E-E-P)
a. Tax laws;
b. Interpretative statutes;
c. Laws creating New substantive rights;
d. Curative statutes;
e. Remedial/procedural;
f. Emergency laws;
g. When Expressly provided;
h. Penal laws favorable to the accused provided, the accused is not a habitual delinquent.
XPNs to the XPNs: If the application of the
retroactive law:
a.Impairs obligation of contracts;
b.Is in the nature of ex post facto law
or a bill of attainder,
c.Divests vested rights; or Is
constitutionally forbidden(Black’s
Law Dictionary, 2009).
Non-retroactivity of laws vis-à-vis judicial
decisions

• Judicial decisions have no retroactive effect.

When a doctrine of the Supreme Court is
overruled and a different view is adopted,
the new doctrine should be applied
prospectively and should not apply to
parties who had relied on the old doctrine
and acted on the faith thereon
Retroactivity clause of the Family Code
(2005, 2010 Bar
•The Family Code shall have
retroactive effect insofar as it
does not prejudice or impair
vested or acquired rights in
accordance with the Civil Code
or other laws (FC, Art. 256).
INMATES OF THE NEW BILIBID PRISON vs. de
Lima, En Banc, G.R. No. 212719, June 25, 2019, CJ
Peralta
• ISSUE: The sole issue for resolution in these
consolidated cases is the legality of Section 4, Rule 1 of
the Implementing Rules and Regulations (IRR) of
Republic Act (R.A.) No. 10592 the grant of good
conduct time allowance under Republic Act No. 10592
shall be prospective in application. The grant of time
allowance of study, teaching and mentoring and of
special time allowance for loyalty shall also be
prospective in application
• Every new law has a prospective effect. Under Article 22 of the RPC,
however, a penal law that is favorable or advantageous to the
accused shall be given retroactive effect if he is not a habitual
criminal. These are the rules, the exception, and the exception to the
exception on the effectivity of laws.
• The prospective application of the beneficial provisions of R.A. No.
10592 actually works to the disadvantage of petitioners and those
who are similarly situated. It precludes the decrease in the penalty
attached to their respective crimes and lengthens their prison stay;
thus, making more onerous the punishment for the crimes they
committed. Depriving them of time off to which they are justly
entitled as a practical matter results in extending their sentence and
increasing their punishment.Evidently, this transgresses the clear
mandate of Article 22 of the RPC.
Pulido vs People (G.R. 220149, 27 July 2021),
J. Hernando
• The SC held that Article 40 of the Family Code
applies retroactively on marriages celebrated
before the Family Code insofar as it does not
prejudice or impair vested or acquired rights.
Thus, a judicial declaration of nullity is required
for prior marriages contracted before the
effectivity of the Family Code but only for
purposes of remarriage.
•Does the subsequent declaration of the
nullity of the first and second marriages
constitute a valid defense in bigamy?
Mandatory or Prohibitory Laws

•What is the Effect of violation

of Mandatory or Prohibitory
Laws
• GR: Acts executed against the provisions of mandatory or
prohibitory laws shall be void(NCC, Art. 5).
• XPNs: When the law:
1. Itself authorizes its validity (e.g. lotto, sweepstakes);
2. Makes the act valid but punishes the violator (e.g. Marriage
solemnized by a person not authorized to do so);Makes the act
merely voidable;
3. Declares the nullity of an act but recognizes its effects as legally
existing (e.g. Child born after the annulment of marriage is
considered legitimate).
Waiver of Rights

(1) If the waiver is:

a) Contrary to law, public order, public
policy, morals or good customs;
b) Prejudicial to a third person with a
right recognized by law.
(2)If the right is:
a)A natural right, such as right to life;
b)Inchoate, such as future inheritance.
•What are the Requisites
of a valid waiver
1.Waiving party must actually have the right he
is renouncing;
2.He must have full capacity to make the
waiver;
3.Waiver must be clear and unequivocal;
4.Waiver must not be contrary to law, public
order, public morals, etc;
5.When formalities are required, they must be
complied with.
Abrogar vs. Cosmos Battling Company and Intergames Inc. (15
March 2017, GR 164749)

• A person does not comprehend the risk involved in a

known situation because of his youth, or lack of
information or experience, and thus will not be taken to
consent to assume the risk.
• In fact, the waiver stated the risks involved risks such as
stumbling, suffering heatstroke, heart attack and other
similar risks, but it did not consider vehicular accident as
one of the risks included in the said waiver.
• Nevertheless, the court found the marathon organizer,
and not respondent as mere sponsor, to be the party
liable.
Presumption in case of doubt in the
interpretation of laws
• In case of doubt in the interpretation or application of
laws, it is presumed that the lawmaking body intended
right and justice to prevail (NCC, Art. 10). (2003 BAR)
• In case of silence, obscurity or insufficiency of the law
with respect to a particular controversy
• If the law is silent, or is obscure or insufficient with
respect to a particular controversy, the judge shall
apply the custom of the place, and in default thereof,
the general principles of law and justice.
Necessity of proving customs

•What are the Requisites before such

custom could be considered a
source of right
• 1. Plurality of acts;
• 2.Uniformity of acts;
3. General practice by the great mass of the
people of the country or community;
4. Continued practice for a long period of time;
5. General conviction that the practice is the
proper rule of conduct ;
6. Conformity with law, morals or public policy
(Tolentino, 1987).
Application of customs in civil
cases
•In civil cases, customs may be applied by
the courts in cases where the applicable law
is:
•a. Silent
•b. Obscure
•c. Insufficient
•What is Territoriality
Principle
• “May Philippine courts exercise jurisdiction over an offense
constituting psychological violence under Republic Act No.
9262, otherwise known as the Anti-Violence Against
Women and their Children Act of 2004, committed through
marital infidelity, when the alleged illicit relationship
occurred or is occurring outside the country?”
• Citing Dinamling v. People, the High Court reiterated
that psychological violence is an element of violation
of Section 5(i) just like the mental or emotional
anguish caused on the victim. Psychological violence
is the means employed by the perpetrator, while
mental or emotional anguish is the effect caused to or
the damage sustained by the offended party. The
Supreme Court thus ruled that even if the alleged
extra-marital affair causing the offended wife mental
and emotional anguish is committed abroad,
Philippine Courts have jurisdiction over Psychological
Violence under R.A. 9262.
Conflict of Laws

What is Lex Nationalii

(Nationality principle)
•Are 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 pursuant to Article 26 of the
Family Code are also valid in the
Philippines?
1)Those contracted by any party below 18 years of age
even with the consent of parents or guardians; [FC,
Art. 35 (1)]
2)Those bigamous or polygamous marriages not falling
under Art. 41, FC; [FC, Art. 35 (4)]
3)Those contracted through mistake of one contracting
party as to the identity of the other; [FC, Art. 35 (5)]
4)Those subsequent marriages that are void under Art.
53, FC; [FC, Art. 35 (6)]
5) Marriage contracted by any party who, at
the time of the celebration, was
psychologically incapacitated to comply with
the essential marital obligations of marriage;
(FC, Art. 36) Incestuous marriage; (FC, Art.
37) and
7) Void ab initio marriages for reasons of
public policy. (FC, Art. 38
•What is the rule on mixed
marriage (Marriage between
Filipino and alien)?
•What about the rule on
marriage between
aliens/foreigners?
•What is Lex Rei Sitae
•What is Lex Loci
Celebrationis
•What governs the
contracts involving
the real property in
the Philippines?
•What governs the
extrinsic or formal
validity of contracts?
•What is Lex loci
contractus principle?
•How lex loci contractus
is determined?
•What governs the
extrinsic or formal
validity of will?
•What governs the
intrinsic validity of
will?
•What is the Doctrine of
Renvoi
• The second par. of Article 16 NCC provides that in
INTESTAMENTARY and TESTAMENTARY
SUCCESSION, the NATIONAL LAW of the
person whose succession is in consideration shall
govern. HOWEVER, IT MAY HAPPEN THAT
THE NATIONAL LAW OF A FOREIGNER
MAY “REFER BACK” THE ISSUE BY
PROVIDING THAT THE LAW OF THE
DOMICILE OF THE DECEDENT SHALL
GOVERN.
Human Relations in Relation to Persons

•What is an Abuse of
right (2006 BAR)
•What are the Elements
of abuse of right (L-B-P-
A)
1.There is a Legal right or duty;
2.Such duty is exercised in Bad faith;
3.It is for the sole intent of Prejudicing
or injuring another;
4.The Absence of good faith is
essential to abuse of right
•What is Contra Bonus
Mores (1996, 1998, 2006,
2009 Bar)
Capacity to Act
•What are the Restrictions
on Capacity to Act
1.Minority - State of a person who is under the age of
legal majority which is eighteen years of age;
2.Insanity – State of a person whose mental faculties
are diseased;
3.Deaf-mute – Lacking sense of hearing and the
inability to speak;
4.Imbecility – State of a person who while advanced
in age has the mental capacity comparable to that of
a child between two and seven years of age;
5.Prodigality – A spendthrift or squanderer;
1. Civil Interdiction – An accessory penalty imposed upon
an accused who is sentenced to a principal penalty not
lower than reclusion temporal.
• NOTE: The following are the effects of civil interdiction:
1.Deprivation of parental or marital authority;
2.Deprivation of the right to be the guardian of the
person and property of a ward;
3. Deprivation of his property by act inter vivos; and
4. Deprivation of the right to manage one's properties
(Revised Penal Code, Art. 34).
Birth and Death of Natural Persons

•What are the rights of the

conceived child
•What are the Rules to
apply in case there is
doubt as to who died
first
1.If successional rights are involved– Art.
43 of the NCC: Survivorship Rule, and
Rule 131, Sec. 3(kk): Presumption of
simultaneous deaths between persons
called to succeed each other, apply.
2.If no successional rights are involved –
Rule 131, Sec. 3 (jj) of the Rules of Court
applies (Presumption of survivorship).
Presumption of Survivorship
•SURVIVORSHIP RULE UNDER ART.
43, NCC
• If there is doubt as to who died first between 2 or more
persons who are called to succeed each other, as to which
of them died first:
1. Burden of Proof: Whoever alleges the death of one prior to
the other has the burden of proving such claim.
2. Absent such proof: Presumption is they died at the same
time. There shall be no transmission of successional rights
[Sec. 3(kk), Rule 131, Rules of Court]. (1998, 1999, 2000,
2008, 2009 Bar
•What are the
Conditions in the
application of the
survivorship rule
•What are the requisites in
presumption of
survivorship under Rule
131 of the Rules of Court
1.There are two or more persons;
2.They perish in the same calamity;
3.It is not shown who died first; and
4.There are no particular circumstances from
which it can be inferred that one died ahead
of the other.
Surnames
• Rule with regard to the use of surname of a married
woman
• Valid marriage (before husband dies) (NCC, Art. 370)
• 1.First name and maiden name (Her maiden first name
and surname) (FC, Art. 370) + husband’s surname.
• 2. First name + husband’s surname
• 3. Husband’s full name + prefix indicating that she is
his wife (e.g., Mrs.) 4. Retain the use of her maiden
name
2. Marriage is annulled (NCC, Art. 371)

• Wife is the guilty party - Shall resume using her

maiden name
• Wife is the innocent party - choices:
1. Resume using her maiden name
2. Continue using husband’s surname
• Unless:
• a. Court decrees otherwise;
b. She or the former husband is married again to
another person
3. Legally separated (NCC, Art. 372)

•Wife shall continue using the

name and surname employed
by her prior to the legal
separation.
4.Widowed spouse (NCC, Art.
373)
•She may use the
deceased’s husband’s
surname as though he
is still living.
• Q: Virginia Remo, a Filipino citizen, is married to
Francisco Rallonza. In her passport, the following
entries appear: "Rallonza" as her surname, "Maria
Virginia" as her given name, and "Remo" as her middle
name. Prior to the expiration of her passport, Virginia
applied for the renewal of her passport with the DFA,
with a request to revert to her maiden name and
surname in the replacement passport. Virginia, relying
on Article 370 of the Civil Code, contends that the use
of the husband’s surname by the wife is permissive
rather than obligatory. Is Virginia correct?
• In case of renewal of passport, a married woman may either
adopt her husband’s surname or continuously use her maiden
name. However, once she opted to use her husband’s surname
in her original passport, she may not revert to the use of her
maiden name, except if any of the four grounds provided under
R.A. 8239 is present.
• Further, even assuming R.A. 8239 conflicts with the Civil Code,
the provisions of R.A. 8239 which is a special law specifically
dealing with passport issuance must prevail over the provisions
of the Civil Code which is the general law on the use of
surnames. A basic tenet in statutory construction is that a
special law prevails over a general law (Remo v. Sec. of Foreign
Affairs, G.R. No. 169202, March 5, 2010).
•May legitimate children
have the right to use their
mother’s surnames as their
surnames?
Rules Governing Persons Who are
Absent
•Who are the Person who
may ask for the
declaration of absence
(NCC, Art. 385)
1.Spouse present;
2.Heirs instituted in a will;
3.Relatives who may succeed by intestacy;
4.Persons who may have over the property of the
absentee some right subordinated to the
condition of his death.
•What is marriage?
DEF. OF MARRIAGE
ARTICLE 1
• 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.
•IN CASE OF A CHANGE IN SEX, CAN
THE PERSON WHO HAS UNDERGONE
SAID CHANGE BE ALLOWED TO
REMARRY ANOTHER OF THE SAME
SEX AS HE/SHE ORIGINALLY HAD?
(2014 BAR)
Nature of Marriage

•What is marriage as an
inviolable social
institution?
•WHAT ARE THE
REQUISITES FOR A VALID
MARRIAGE?
Essential requisites
ARTICLE 2
(1996, 2009 BAR)
• 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.
OTHER REQUIREMENTS NEEDED FOR THE VALIDITY OF MARRIAGE
DEPENDING UPON THE AGE OF THE CONTRACTING PARTY

AGE ADDITIONAL
REQUIREMENTS
18 -21 Parental consent and
marriage counseling
22-25 Parental advice and
marriage counseling
FORMAL REQUISITES
ART. 3
(1996, 2009 BAR)
• ARTICLE 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.
Effect in the status of marriage (1995, 1996,
1999, 2008 Bar)
• Status of Marriage in case of:
1.Absence of any of the essential requisites - Void ab initio (FC, Art. 4).
2.Absence of any of the formal requisites – Void ab initio(FC, Art. 4).
XPNs: Valid even in the absence of formal requisite:
1. Marriages exempt from license requirement
2. Either or both parties believed in
3. good faith that the solemnizing officer had the proper authority [FC,
Art. 35 (2)].
1.Defect in essential requisites – Voidable (FC, Art. 4).
2.Irregularity in formal requisites - Valid, but the party responsible for such
irregularity shall be civilly, criminally or administratively liable (FC, Art. 4).
Validity of Marriage by Proxy
• (1) IF PERFORMED IN THE PHILIPPINES
• VOID, PHIL. LAWS APPLY, since marriage is
performed in the Philippines
• (2) IF PERFORMED ABROAD
• Whether it is allowed or not depends upon
the law of the place where the marriage was
celebrated.
OTHER REQUIREMENTS IN THIS ARTICLE WHICH WILL NOT
RENDER THE MARRIAGE VOID

• THERE WERE NO WITNESSES TO THE MARRIAGE

• THE PARTIES DID NOT ORALLY DECLARE BEFORE THE
SOLEMNIZING OFFICER THAT THEY TAKE EACH OTHER
AS HUSBAND AND WIFE; OR
• THERE WAS NO MARRIAGE CERTIFICATE OR
CONTRACT
EFFECT OF LACK OF PARENTAL ADVICE
• IN CASE A PARTY WHO IS REQUIRED BY LAW TO
OBTAIN PARENTAL ADVICE OR UNDERGO MARRIAGE
COUNSELLING FAILS TO DO SO, THE ISSUANCE OF
MARRIAGE LICENSE IS SUSPENDED FOR 3 MONTHS
FROM THE COMPLETION OF 10 DAY PUBLICATION OF
THE APPLICATION FOR MARRIAGE LICENSE (ART. 15)
•WHAT IS THE STATUS OF MARRIAGES
CELEBRATED DURING THE SUSPENSION
OF THE ISSUANCE OF MARRIAGE
LICENSE?
• IF THE PARTIES DID NOT OBTAIN A MARRIAGE
LICENSE
• MARRIAGE SHALL BE VOID FOR LACK OF
MARRIAGE LICENSE
• IF THE PARTIES WERE ABLE TO OBTAIN A MARRIAGE
LICENSE
• MARRIAGE SHALL BE VALID WITHOUT PREJUDICE
TO THE ACTIONS THAT MAY BE TAKEN AGAINST
THE GUILTY PARTY.
Validity of marriage WITHOUT the required certificate of legal
capacity to marry

•WHAT IS THE EFFECT ON

MARRIAGE IF THE CERTIFICATE OF
LEGAL CAPACITY TO MARRY WAS
NOT PROCURED?
5-YEAR COHABITATION
ART. 34 (2002, 2008 BAR)
• LIVING TOGETHER AS HUSBAND AND WIFE FOR AT LEAST 5
YEARS BEFORE THE MARRIAGE. NO LEGAL IMPEDIMENT TO
MARRY EACH OTHER DURING THE PERIOD OF
COHABITATION.
• FACT OF ABSENCE OF LEGAL IMPEDIMENT BETWEEN THE
PARTIES MUST BE PRESENT AT THE TIME OF THE MARRIAGE
• (MANZANO vs. SANCHEZ, AM No. MTJ-00-1329, March 8,
2001
5 YEAR PERIOD
• MUST BE CHARACTERIZED BY:
• EXCLUSIVITY
• Partners must live together exclusively, with no other
partners during the whole 5-year period.
• CONTINUITY
• Such cohabitation was unbroken
•What are the Rules governing the
validity of marriage (2002, 2004,
2006, 2009, 2010 Bar)
1.As to its extrinsic validity –
Lex loci celebrationis
•2.As to its intrinsic validity –
Personal law
ARTICLE 26
FOREIGN MARRIAGES OF FILIPINOS
GEN. RULE : Marriage solemnized
abroad, if valid in the country where
celebrated, shall also be valid in the
Philippines under the rule of LEX
LOCI CELEBRATIONIS
EXCEPTIONS
(LIMIP)
• Either or both parties did not have the LEGAL CAPACITY to
get married (ART. 35 (1)
• The marriage is IMMORAL for being bigamous or
polygamous (ART. 35 (4)
• Consent of one party is lacking because of MISTAKE as to the
identity of the other (ART. 36)
• Marriage is INCESTUOUS (ART. 37)
• Marriage is void by reason of PUBLIC POLICY (Art. 38)
•What are Marriages that are void
ab initio(1993, 2004, 2005, 2006
BAR)
1.Solemnized without License, except
those marriages that are exempt from
the license requirement;
2.Absence of any of the essential or
formal requisites of marriage;
• 3. 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;
4.Contracted through Mistake of one of the
contracting parties as to the identity of the other;
4.Bigamous or polygamous marriages not falling
under Article 41 of the Family Code or those
allowed under special laws such as the Muslim
Code;
5.Marriages contracted by any party below 18 years
of age even with the consent of parents or
guardians;
4.Marriages contracted by any party, who
at the time of the celebration of the
marriage, was Psychologically
incapacitated, even if such incapacity
becomes manifest only after its
solemnization (FC, Art. 36);
5.Incestuous Marriages (FC, Art. 37);
4.Marriages declared void because they are
contrary to Public policy (FC, Art. 38);
5.Subsequent marriages which are void
under Art. 53;
6.Marriages in jest; and
7.Common-law marriages.
•Is Marriage between Filipinos
who are of the same sex VOID?
•WHAT IS THE EFFECT IN
mixed marriage where the
Filipino is 18 years old but the
foreigner is below 17 years of
age
 VOID vs. VOIDABLE MARRIAGE
BASIS VOID MARRIAGE VOIDABLE MARRIAGE

STATUS OF MARRIAGE/AS TO Inexistent from the time of Valid until annulled

NATURE performance/Void ab initio

AS TO SUSCEPTIBILITY OF Cannot be convalidated Can be convalidated either by

CONVALIDATION free cohabitation or prescription

AS TO EFFECT ON PROPERTY No community property; only co- Absolute community exists

ownership (Art. 147) UNLESS another system is agreed
upon in marriage settlement
BASIS VOID MARRIAGE
AS TO HOW MARRIAGE MAY BE (a) May be attacked directly or
IMPUGNED collaterally, but for the
purpose of remarriage,
there must be judicial
declaration of nullity (Art.
40)
(b) Can still be impugned even
after death of parties
VOIDABLE MARRIAGE
(a) Cannot be attacked
collaterally, only directly; i.e.
there must be decree of
annulment.(judicial
declaration is necessary)
(b) Can no longer be impugned
after death of one of the
parties
 BASIS VOID MARRIAGE VOIDABLE MARRIAGE

AS TO EFFECT ON GR: Children are Children are legitimate if conceived

CHILDREN illegitimate under Art. 165 before decree of annulment
Exceptions:
1.If the marriage is
declared VOID by reason
of non-compliance with
ART. 40 FC. The absolute
community or conjugal
partnership, as the case
may be, shall be dissolved
and liquidated(Art. 43
(2),in relation to art. 50
 BASIS VOID MARRIAGE VOIDABLE MARRIAGE

WHO MAY FILE? GE: By the husband or wife GR: offended spouse
EXCEPTIONS:
1. Parents or guardians in
cases of INSANITY
2. Parents or guardians before
the party reaches 21 years
old on the ground of lack of
parental authority
 BASIS VOID MARRIAGE VOIDABLE MARRIAGE

PETTION FILED Declaration of Nullity Annulment of Marriage

of Marriage
JUDICIAL DECLARATION GR: There is no Necessary
necessity to obtain a
judicial declaration
EXCEPTION:
For purposes of
remarriage, one is
required
 ROSANNA L. TAN-ANDAL vs. ALMARIO VICTOR M. ANDAL
G.R. No. 196359, May 11, 2021

•psychological incapacity should mean "no

less than a mental (not physical) incapacity
that causes a party to be truly incognitive
of the basic marital covenants that
concomitantly must be assumed and
discharged by the parties to the marriage
 Requisites of psychological incapacity
(1996, 1997, 2002, 2006 BAR)

•JURIDICAL ANTECEDENCE
•GRAVITY
•PERMANENCE OR INCURABILITY
JURIDICAL ANTECEDENCE
• A party to a nullity case is still required to prove juridical
antecedence because it is an explicit requirement of the law.
• Article 36 is clear that the psychological incapacity must be
existing "at the time of the celebration" of the marriage,
"even if such incapacity becomes manifest only after its
solemnization."
GRAVITY
• With respect to gravity, the requirement is
retained, not in the sense that the psychological
incapacity must be shown to be a serious or
dangerous illness, but that "mild
characterological peculiarities, mood changes,
occasional emotional outbursts" are excluded.
PERSONALITY STRUCTURE
• Psychological incapacity is neither a mental
incapacity nor a personality disorder that must
be proven through expert opinion. There must
be proof, however, of the durable or enduring
aspects of a person's personality, called
"personality structure," which manifests itself
through clear acts of dysfunctionality that
undermines the family.
• Whether or not the expert opinion on a
party's psychological incapacity is
competent evidence if it is solely based
on collateral information from the
other spouse;
•Whether or not the existence of grounds
for legal separation precludes a finding
of psychological incapacity on the part
of one or both of the spouses;
• That drug addiction is a ground for legal
separation will not prevent this Court from
voiding the marriage in this case. A decree of
legal separation entitles spouses to live
separately from each other without severing
their marriage bond, but no legal conclusion is
made as to whether the marriage is valid.
• To summarize, psychological incapacity consists of
clear acts of dysfunctionality that show a lack of
understanding and concomitant compliance with
one's essential marital obligations due to psychic
causes.
• It is not a medical illness that has to be medically or
clinically identified; hence, expert opinion is not
required.
Effects of judicial declaration of nullity of marriage

• (1) STATUS OF CHILDREN (1990, 2010)

• GR: ILLEGITIMATE
• XPN: LEGITIMATE IF THE MARRIAGE IS VOID:
• On the ground of psychological incapacity of either or
both parties;
• Due to the non-compliance with the requirements set
forth under Article 52 FC
(2) PROPERTY RELATIONS

GR: EITHER ARTICLE 147 OR 148 (CO-OWNERSHIP)

WILL APPLY
XPN: IF THE SUBSEQUENT MARRIAGE IS VOID DUE
TO NON-COMPLIANCE WITH ARTICLE 40, THE
PROPERTY RELATIONS OF THE VOID SUBSEQUENT
MARRIAGE WILL EITHER BE ABSOLUTE COMMUNITY
OR CONJUGAL PARTNERSHIP OF GAINS
(3) DONATION PROPTER NUPTIAS

• GR: Revocable at the instance of the donor

• XPN:
• If the donation propter nuptias is embodied in a
marriage settlement, the donation is VOID under
Article 86 (1)
• If the subsequent marriage is judicially declared
VOID by reason of Article 40, the donation remains
VALID
(4) DESIGNATION AS BENEFICIARY IN INSURANCE
POLICY

•If the subsequent marriage is judicially

declared VOID by reason of Article 40, the
innocent spouse may revoke such
designation if the beneficiary spouse
acted in bad faith, even if such
designation be stipulated as IRREVOCABLE
(5) RIGHT TO INHERIT

• a) INTESTATESUCCESSION
•The parties cannot inherit from
each other by way of intestate
succession
b) TESTATE SUCCESSION

• GR: ANY TESTAMENTARY PROVISION BY ONE IN

FAVOR OF THE OTHER SHALL REMAIN VALID.
• XPN:
• 1. If the subsequent marriage is rendered VOID by
non-compliance with Article 40 FC, the spouse who
contracted the subsequent marriage in bad faith is
disqualified to inherit from the innocent spouse.
• 2. If the marriage is VOID by reason of the bad
faith of both parties under Article 41 FC, all
testamentary dispositions made by one in
favor of the other are REVOKED by operation
of law.
• (6) PARENTAL AUTHORITY AND CUSTODY OF
CHILDREN
• GR: Since the children are considered as
illegitimate, the parental authority and the
custody of the children will be exercised by their
mother. The illegitimate father even if he admits
paternity will only have visitation rights.
•WHAT ARE THE REQUISITES FOR
VALIDITY OF SUBSEQUENT
MARRIAGE UNDER ART. 41?
• 1)The absent spouse had been absent for 4 consecutive
years (ordinary absence) or 2 consecutive years (extra-
ordinary absence);
• 2)The present spouse has a well-founded belief that the
absent spouse is already dead;
• 3)There is judicial declaration of presumptive death in a
summary proceeding
•WHEN ARE NON-BIGAMOUS
SUBSEQUENT MARRIAGES VOID?
•WHAT IS A VOIDABLE
MARRIAGE?
 • WHAT ARE THE CIRCUMSTANCES
CONSTITUTING FRAUD UNDER ART. 45 (3)?
• 1996, 1997,2002, 2003, 2006 BAR
• NON-DISCLOSURE OF CONVICTION BY FINAL JUDGMENT OF
CRIME INVOLVING MORAL TURPITUDE
• CONCEALMENT BY THE WIFE OF THE FACT THAT AT THE TIME
OF MARRIAGE, SHE WAS PREGNANT BY A MAN OTHER THAN
HER HUSBAND;
• CONCEALMENT OF SEXUALLY TRANSMITTED DISEASE,
REGARDLESS OF NATURE, EXISTING AT THE TIME OF
MARRIAGE;
• CONCEALMENT OF DRUG ADDITION, HABITUAL
ALCOHOLISM, HOMOSEXUALITY AND LESBIANISM
 VOIDABLE MARRIAGES AND ITS RATIFICATION
GROUND(1999, RATIFICATION WHO MAY FILE WHEN TO FILE
2003,2006, 2007,
2009 BAR)
Marriage by a party 18 Contracting party By the contracting Within 5 years
years of age or over who failed to party, Parent, after attaining the
but below 21
solemnized w/o the
obtain parental guardian, or age of 21
consent of the consent after person having at any time before
parents, guardian or attaining the age legal charge of the such party has
person having of 21 contracting party reached the age of
substitute parental 21
authority over the
party in that order
GROUND RATIFICATION WHO MAY FILE WHEN TO FILE

EITHER PARTY WAS OF INSANE GR: SANE SPOUSE AT ANY TIME

WHO HAD NO BEFORE THE DEATH
UNSOUND MIND SPOUSE: KNOWLEDGE OF OF EITHER PARTY
THROUGH THE OTHER’S
FREE INSANITY
COHABITATINO XPN: ANY RELATIVE, DURING LUCID
AFTER GUARDIAN OR INTERVAL OR AFTER
COMING TO PERSON HAVING REGAINING SANITY
LEGAL CHARGE OF
REASON THE SANE

INSANE SPOUSE
DURING LUCID
INTERVAL OR AFTER
REGAINING SANITY
GROUND RATIFICATION WHO MAY FILE WHEN TO FILE
CONSENT OF EITHER INJURED PARTY: INJURED PARTY WITHIN 5 YEARS
PARTY WAS OBTAINED BY THROUGH FREE AFTER THE
FRAUD COHABITATION DISCOVERY OF
WITH FULL FRAUD
KNOWLEDGE OF
THE FACTS
CONSTITUTING
FRAUD
GROUND RATIFICATION WHO MAY FILE WHEN TO FILE
VICES OF INJURED PARTY: INJURED PARTY WITHIN 5 YEARS
CONSENT SUCH THROUGH FREE FROM THE TIME
AS FORCE, COHABITATION THE FORCE,
INTIMIDATION OR AFTER THE VICES INTIMIDATION OR
UNDUE HAVE CEASED OR UNDUE INFLUCEN
INFLUENCE DISAPPEARED DISAPPEARED OR
CEASED
GROUND RATIFICATION WHO MAY FILE WHEN TO FILE
IMPOTENCE AND MAY NOT BE ONLY THE POTENT WITHIN 5 YEARS
STD RATIFIED BUT SPOUSE CAN FILE AFTER THE
ACTION MAY BE THE ACTION AND CELEBRATION OF
BARRED BY HE OR SHE MUST MARRIAGE
PRESCRIPTION NOT HAVE BEEN
ONLY, WHICH IS 5 AWARE OF THE
YEARS AFTER THE OTHER’S
MARRIAGE IMPOTENCY AT THE
TIME OF MARRIAGE
•WHAT ARE THE ACTIONS PROHIBITED
IN ANNULMENT AND DECLARATION OF
ABSOLUTE NULLITY OF MARRIAGE
CASES?
• COMPROMISES
• CONFESSION OF JUDGMENT
• STIPULATION OF FACTS
• SUMMARY JUDGMENT
• JUDGMENT ON THE PLEADINGS
•WHAT ARE THE EFFECTS OF
DECREE OF ANNULMENT?
• 1)ABSOLUTE COMMUNITY PROPERTY REGIME OR THE CONJUGAL
PARTNERSHIP REGIME IS TERMINATED OR DISSOLVED AND THE SAME
SHALL BE LIQUIDATED IN ACCORDANCE WITH THE PROVISIONS OF
ARTS. 102 AND 129;
• 2) THE INNOCENT SPOUSE MAY REVOKE THE DESIGNATION OF THE
OTHER SPOUSE WHO ACTED IN BAD FAITH AS BENEFICIARY IN THE
INSURANCE POLICY WHETHER OR NOT THE DESIGNATION IN
REVOCABLE;
• 3)THE SPOUSE WHO CONTRACTED THE
MARRIAGE IN BAD FAITH SHALL BE
DISQUALIFIED TO INHERIT FROM THE INNOCENT
SPOUSE BY TESTATE AND INTESTATE
SUCCESSION;
4) DONATION PROPTER NUPTIAS

• GEN. RULE: IT SHALL REMAIN VALID

• XPN: IF THE DONEE SPOUSE ACTED IN BAD FAITH,

THE DONOR MAY REVOKE THE DONATION
•WHAT WILL FINAL JUDGMENT OF
NULLITY OR ANNULMENT COVERS?
•WHAT IS THE EFFECT WHERE THERE
WAS A FAILURE TO RECORD IN THE
CIVIL REGISTRY AND REGISTRY OF
PROPERTY THE JUDGMENT OF
ANNULMENT OR ABSOLUTE NULLITY
OF THE MARRIAGE?
•LEGAL SEPARATION
•CAN THE `GUILTY SPOUSE
FILE AND CLAIM LEGAL
SEPARATION?
•WHAT ARE THE GROUNDS FOR
LEGAL SEPARATION? (ART. 55)
•(1997, 2002, 2003, 2006, 2007 BAR)
• 1)REPEATED PHYSICAL VIOLENCE OR GROSSLY ABUSIVE
CONDUCT AGAINST PETITIONER, COMMON CHILD, CHILD OF
PETITIONER;
• 2)ATTEMPT TO CORRUPT OR INDUCE PETITIONER, COMMON
CHILD, CHILD OF PETITIONER TO ENGAGE IN PROSTITUTION,
OR CONNIVANCE IN SUCH CORRUPTION OR INDUCEMENT;
• 3)ATTEMPT BY RESPONDENT AGAINST THE LIFE OF
PETITIONER;
• 4)FINAL JUDGMENT SENTENCING RESPONDENT TO
IMPRISONMENT OF MORE THAN 6 YEARS, EVEN IF
PARDONED;
• 5)DRUG ADDICTION OR HABITUAL ALCOHOLISM OR
RESPONDENT;*
• 6)PHYSICAL VIOLENCE OR MORAL PRESSURE TO
COMPEL PETITIONER TO CHANGE RELIGIOUS OR
POLITICAL AFFILIATION;
•7)BIGAMOUS MARRIAGE SUBSEQUENTLY
CONTRACTED BY RESPONDENT IN THE
PHILIPPINES OR ABROAD;
•8)SEXUAL INFIDELITY OR PERVERSION;
•9)LESBIANISM OR HOMOSEXUALITY OF
RESPONDENT
PROBLEM

•IF A MAN COMMITS SEVERAL ACTS OF

SEXUAL INFIDELITY, PARTICULARLY IN 2002,
2003, 2004, 2005, DOES THE PRESCRIPTIVE
PERIOD TO FILE FOR LEGAL SEPARATION
RUN FROM 2002? (2007 BAR)
•WHAT ARE THE GROUNDS FOR DENIAL
OF PETITION FOR LEGAL SEPARATION?
(2006)
• CONDONATION OF THE ACT COMPLAINED OF;
• CONSENT TO THE COMMISSION OF THE OFFENSE/ACT;
• CONNIVANCE IN THE COMMISSION OF THE ACT;
• COLLUSION IN THE PROCUREMENT OF DECREE OF LS;
• MUTUAL GUILT;
• PRESCRIPTION; 5 YEARS FROM OCCURRENCE OF CAUSE;
• DEATH OF EITHER PARTY DURING THE PENDENCY OF THE CASE
• RECONCILIATION OF THE SPOUSES DURING THE PENDENCY OF THE
CASE (ART. 56)
•WHAT IS THE PRESCRIPTIVE
PERIOD FOR FILING A PETITION
FOR LEGAL SEPARATION?
•WHAT IS THE COOLING-OFF
PERIOD IN LEGAL SEPARATION?
•WHAT ARE THE EFFECTS OF
FILING OF A PETITION FOR
LEGAL SEPARATION?
•WHAT IS THE EFFECT OF DEATH
OF A PARTY DURING
PENDENCY?
•WHAT ARE THE EFFECTS
OF LEGAL SEPARATION?
• 1. SPOUSES ENTITLED TO LIVE SEPARATELY BUT THE MARRIAGE
BOUND IS NOT SEVERED.
• 2. ACP/CPG SHALL BE DISSOLVED AND LIQUIDATED. THE SHARE OF
THE OFFENDING SPOUSE IN THE NET PROFITS SHALL BE FORFEITED IN
FAVOR OF:
• COMMON CHILDREN;
• IN DEFAULT OF THE COMMON CHILDREN, CHILDREN OF THE GUILTY SPOUSE
BY A PREVIOUS MARRIAGE;
• IN DEAFULT OF COMMON CHILDREN AND THE CHILDREN OF THE GILTY
SPOUSE, INNOCENT SPOUSE
• 3. Custody of minor children is awarded to the
innocent spouse (subject to Art 213)
• 4. Offending spouse is disqualified to inherit from
innocent spouse by intestate succession;
• 5. Provisions in the will of innocent spouse which
favors offending spouse shall be revoked by operation
of law;
•6. Innocent spouse may revoke donations
he/she made in favor of offending spouse;*
•7. Innocent spouse may revoke designation
of offending spouse as beneficiary in any
insurance policy, even when stipulated as
irrevocable.
• In case an action for legal
separation is granted, what will
happen to a child below the
age of seven? Is the rule
absolute?
DONATION PROPTER NUPTIAS
• Donations of future property are governed by the
provisions on testamentary succession and the
formalities of wills [FC, Art. 82(2)]
• Present property may be donated up to 1/5 of the
donor’s present property if the future spouses have
chosen a regime other than absolute community of
property (FC, Art. 84)
• Future property may be included, provided the
donation is mortis causa. [NCC, Art. 84(2)]
• Grounds for revocation are found in Art. 86 of FC.
requisites

1.Made before celebration of marriage;

2.Made in consideration of the marriage;
and
3.Made in favor of one or both of the future
spouses.
Requisites if the DPN is made by one
spouse in favor of the other
1.There must be a MS stipulating a
property regime other than AC;
2.Donation in the MS be not more than 1/5
of the present property; and
3.There must acceptance by other spouse.
Rule regarding DPN made
between spouses
• GR: Future spouses cannot donate to each other
more than 1/5 of their present property and any
excess from which shall be considered void.
• XPN: If they are governed by ACP, then each
spouse can donate to each other in their
marriage settlements present property without
limit, provided there is sufficient property left
for their support and the legitimes are not
impaired.
Effect of donations of encumbered
property
•Such donations are valid. In case of
foreclosure of the encumbrance and the
property is sold for less than the total
amount of the obligation secured, the donee
shall not be liable for the deficiency. If the
property is sold for more than the total
amount of the obligation, the donee shall be
entitled to the excess (FC, Art. 85).
Donations that may be revoked by the donor
(FC, Art. 86)
GR: Marriage is not celebrated or is judicially declared void ab initio.
XPN: donations made in the marriage settlements
1.Marriage takes place without the required consent of parents or
guardians.
2.Marriage is annulled and donee acted in bad faith.
3.Upon legal separation, the donee being the guilty spouse.
4.. If with a resolutory condition which was complied with.
5.Donee has committed an act of ingratitude.
ABSOLUTE COMMUNITY OF PROPERTY

•APPLICABLE WHEN:
•When spouses:
1.Adopt it in a marriage settlement;
2.Do not choose any economic system; or
3.Adopted a different property regime and
the same is void.
Properties included in the absolute
community
• All the property owned by the spouses:
1.At the time of the celebration of the marriage; or
Acquired thereafter;
2.Property acquired during the marriage by
gratuitous title, if expressly made to form part of
the community property by the donor, testator or
grantor;
3.Jewelry or properties with monetary value;
4.Winnings in gambling.
Properties excluded in the Absolute
Community
1.Property acquired during the marriage by gratuitous title
and its fruits as well as income thereof unless the grantor
expressly provide they shall form part of the community
property;
2.Property for personal and exclusive use of either spouse
but jewelries shall form part of the ACP because of their
monetary value;
3.Property acquired before the marriage by one with
legitimate descendants by former marriage and its fruits
and income, if any;
4.Those excluded by the marriage settlement (FC, Art. 92).
Conjugal partnership of gains

•WHEN APPLICABLE
1.When the future spouses adopt it in
a marriage settlement.
2.If the marriage is celebrated under
the New Civil Code and they have not
adopt any economic system.
• It is the property relation formed by the husband
and the wife by placing in a common fund: (FC,
Art. 106)
1.The proceeds, product, fruits and income of their
separate properties;
2.Those acquired by either or both of them
through:
1.Effort;
2.Chance.
Complete separation of property
• WHEN APPLICABLE
1.When future spouses adopt it in a marriage
settlement;
2.ACP or CPG is dissolved;
3.Prior marriage is dissolved due to death of one spouse
and surviving spouse failed to comply with the
requirements under Art. 103 (judicial settlement
proceeding of the estate of deceased spouse);
4.By judicial order. Judicial separation of property may
either be voluntary or for sufficient cause.
JUDICIAL SEPARATION OF PROPERTY
•Sufficient causes for judicial separation of
property
Civil interdiction of the spouse of petitioner;
• 1.

• 2.Judicial declaration of absence;

• 3.Loss of parental authority as decreed by the court;
• 4.Abandonment or failure to comply with family obligation;
(2003 Bar)
• 5.Administrator spouse has Abused authority;
• 6. Separation in fact for one year and reconciliation is highly
improbable. (FC, Art. 135)
•What are the Effects of
judicial separation of
property between
spouses
1.The absolute community or conjugal partnership
is dissolved;
2.The liability of the spouses to creditors shall be
solidary with their separate properties;
3.Mutual obligation to support each other
continues except when there is legal separation;
4.Rights previously acquired by creditors are not
prejudiced.
PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE
PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE
property union without marriage
BASIS ART. 147(1997, 2000, 2006, 2009,
2010 BAR)
APPLICABILITY Parties without legal
impediment to marry;
2. Void marriage on the
ground of psychological
incapacity.
ART. 148(1992, 1998, 2000, 2006,
2009 Bar)
With legal impediment caused
by:
Adulterous relationships
Bigamous/polygamous
marriages
Incestuous void marriages
under Art. 37
Void marriages by reason of
public policy (FC,
Art. 38).
 ART. 147
REQUISITES The man and the woman must be
capacitated to marry each other;
live exclusively with each other as
husband and wife; and
their union is without the benefit
of marriage or their marriage is
void (Mercado-Fehr v. Fehr, G.R.
No. 152716, October 23, 2003
Salas, Jr. v. Aguila, G.R. No. 202370,
2013).
SALARIES AND WAGES Owned in equal shares
ART. 148
The man and the woman must be
incapacitated to marry each other
or they do not live exclusively with
each other as husband and wife;
and
Their union is without the benefit
of marriage or their marriage is
void (FC, Art. 148).
Separately owned by the parties. If
any is married, his/her salary
pertains to the CPG of the
legitimate marriage.
 ART. 147 ART. 148

Property exclusively Belongs to party Belongs to such party

acquired upon proof of
acquisition through
exclusive funds

Property acquired by Governed by rules of Owned in common in

both through their co-ownership proportion to their
work or industry respective
contributions

presumption
Proof of actual contribution
Art. 147
Property acquired while living
together presumed obtained by
their joint efforts, work or
industry and owned by them in
equal shares.
If one party did not participate
in acquisition: presumed to
have contributed through care
and maintenance of family and
household (Buenaventura v.
Buenaventura, G.R. No. 127358,
March 31, 2005).
Not necessary
Art. 148
No presumption of joint
acquisition.
Actual joint contribution of
money, property or industry
shall be owned by them in
common proportion.
However, their contributions
are presumed equal, in the
absence if proof to the contrary.
necessary
 ART. 147
FORFEITURE When only one of the parties to a
void marriage is in good faith, the
share of the party in bad faith in
the co-ownership shall be forfeited
in favor of:
1. their common children
2. in case of default of or waiver by
any or all of
the common children or their
descendants, each vacant share
shall belong to the respective
surviving descendants
3. In the absence of descendants,
such share shall belong to the
innocent party.
ART. 148
If one of the parties is validly
married to another, his/her share
in the co-ownership shall accrue to
the ACP or CPG existing in the
marriage.
If the party who acted in BF is not
validly married to another or if
both parties are in BF, such share
be forfeited in manner provided in
the last par. of Art. 147
FAMILY RELATIONS

1.Between husband and wife;

2.Between parents and children;
3.Among other ascendants and
descendants;
4.Among brothers and sisters, whether
of the full or half-blood (FC, Art. 150).
RULES
1.Family relations exists even if they are not living
together
2.Illegitimate children are not included in the family
relations under this Article because they have their
own families.
3.Adopted children are included. (Minutes of
Committee Meeting of August 24, 1985)
•What are the Requisites
before a suit between
members of the same family
may prosper
1.Earnest efforts toward a compromise have
been made;
2.Such efforts failed;
3.The fact that earnest efforts toward a
compromise have been made but the same
have failed appears in the verified complaint
or petition (FC, Art. 151).
•What are matters which
cannot be compromised
1.Civil status of persons;
2.Validity of a marriage or legal separation;
3.Any ground for legal separation;
4.Future support;
5.Jurisdiction of courts; and
6.Future legitime (NCC, Art. 2035).
WHAT IS A FAMILY HOME?
•What are the Guidelines in
the constitution of the
Family Home
1.FH is deemed constituted from the time of
actual occupation as a family residence;
2.Only 1 FH may be constituted;
3.Must be owned by the person constituting it;
4.Must be permanent;
5. Same rule applies to both valid and
voidable marriages and even to common
law spouses; (FC, Arts. 147 and 148)
6. It continues despite death of one, both
spouses, or an unmarried head of the
family for 10 years or as long as there is a
minor beneficiary (FC, Art 159).
•The FH must be part of the properties of
the absolute community or the conjugal
partnership or the exclusive properties of
either spouse, with the latter’s consent. It
may also be constituted by an unmarried
head of a family on his or her own
property (FC, Art 156).
A subject property became a family residence
sometime in January 1987…
• PRIOR to the effectivity of the FC in Aug. 3, 1988, a
house and lot which became a family residence
should be judicially or extrajudicially constituted as
FH in accordance with he provisions of the Civil Code.
• Still, when the FH took effect on Aug. 3, 1988, it
became a FH by OPERATION OF LAW and was thus
PROSPECTIVELY EXEMPT from execution.
•MAY A HOUSE AND LOT BE
CONSIDERED A FAMILY HOME IF
THE LAND IS NOT OWNED BY THE
SPOUSES? EXPLAIN.
• The FH must be part/established of the
properties of the absolute community or the
conjugal partnership, or the exclusive properties
of either spouse with the latter’s consent, or on
the property of the unmarried head of the family
(ART. 156. FC) (KELLEY, JR. vs. PLANTERS
PRODUCTS, INC., G.R. No. 172263, July 9, 2008)
•WHEN IS THE FAMILY
HOME DEEMED
CONSTITUTED?
•MAY THE FAMILY HOME
BE ATTACHED OR LEVIED
UPON?
• FOR NON-PAYMENT OF TAXES;
• FOR DEBTS INCURRED PRIOR TO THE
CONSTITUTION OF THE FAMILY HOME;
• FOR DEBTS DUE TO LABORERS, MECHANICS,
ARCHITECTS, BUILDERS, MATERIALMEN AND
OTHERS WHO HAVE RENDERED SERVICES OR
FURNISHED MATERIAL FOR THE CONSTRUCTION OF
THE BUILDING;(ART. 155 FC)
•WHY EXEMPT?
•What are the Limitations on
Family Home
1.Each family can have only one FH. After one
FH has been constituted, no other FH can be
established without first dissolving the
existing one.
2.FH can be constituted only on the dwelling
place, and therefore in the locality where the
family has its domicile.
3.The value of the FH must not exceed the
limit fixed by law (Tolentino, 2013).
4. The FH is a real right which is GRATUITOUS, INALIENABLE
and FREE from attachment, constituted over the dwelling
place and the land on which it is situated, which confers upon
a particular family the right to enjoy such properties, which
must remain with the person constituting it and his heirs.
5. It CANNOT be seized by creditors EXCEPT in certain cases.
(TANEO, JR. vs. CA, G.R. No. 108532, March 9, 1999, 304 SCRA
308; ALBINO JOSEF vs. OTELLO SANTOS, G.R. No. 165060, NO.
27, 2008.
•WHAT IS THE LIMIT OR
EXTENT OF EXEMPTION OF
THE FH?
•What are the Requisites in
the sale, alienation,
donation, assignment or
encumbrance of the FH
1.The person who constituted the
FH;
2.The spouse of the person who
constituted the FH;
3.Majority of the beneficiaries of
legal age.
•What are the Requisites
for the creditor to avail of
the right to execute (FC,
Art 159)
1.He must be a judgment creditor;
2.His claim must not be among those
excepted under Art. 155;
3. He has reasonable grounds to
believe that the FH is worth more
than the maximum amount fixed in
Art. 157.
•What is the Procedure
in exercising the right
to execute
1.Creditor must file a motion in the court
proceeding where he obtained a favorable
judgment for a writ of execution against the FH;
2.There will be a hearing on the motion where the
creditor must prove that the actual value of the FH
exceeds the maximum amount fixed by the Family
Code, either at the time of its constitution or as a
result of improvements introduced after its
constitution;
3. If the creditor proves that the actual value exceeds the
maximum amount, the court will order its sale in
execution;
4. If the FH is sold for more than the value allowed, the
proceeds shall be applied as follows:
1.The obligations enumerated in Art. 155 of
2.the Family Code must be paid
3.The judgment in favor of the creditor will
4.be paid, plus all the costs of execution
•WHAT IS THE NATURE OF THE
RIGHT TO CLAIM EXEMPTION
FROM EXECUTION OF A FAMILY
HOME? EXPLAIN.
•WHAT SHOULD BE THE ACTION OF THE
COURT WHEN IN AN OPPOSITION TO
MOTION FOR EXECUTION FILED AND
LEVY MADE, THERE IS A CLAIM THAT
THE HOUSE WAS A FH?
• Any subsequent improvement or enlargement of the FH by the
person constituting it, its owners, or any of its beneficiaries will still
be exempt from execution, forced sale or attachment provided the ff
conditions obtain:
• (a) the actual value of the property at the time of its constitution has been
determined to fall below the statutory limit; and
• (b) the improvement or enlargement does not result in an increase in its value
exceeding the statutory limit.
• OTHERWISE, the FH can be the subject of a forced sale, and any amount
above the statutory limit is applicable to the obligations under Articles 155
and 160.
•When may the FH be sold if
there is an increase in its value?
Explain.
• (1) there was an increase in its actual value;
• (2) the increase resulted from voluntary
improvements on the property introduced by the
persons constituting the FH, its owners or any of its
beneficiaries; and
• (3) the increased actual value exceeded the
maximum allowed under Article 157 (Sps. Eulogio
vs. paterno Bell, Sr., et. Al., G.R. No. 186322, July 8,
2015)
•Who are the
beneficiaries of a FH?
• The husband and wife, or an unmarried person who is
the head of a family; and
• Their parents, ascendants, descendants, brothers and
sisters,
• whether the relationship is legitimate/illegitimate
• Who are living in the FH and
• Who depend upon the head of the family for legal
support (ART. 154, FC)
•May the FH be the subject of
partition after the death of the
father leaving heirs?
 Arriola vs. Arriola,
G.R. No. 177703, Jan. 28, 2008
• NO, the FH is shielded from immediate partition under
Article 159 of the FH:
• “ART. 159. The FH shall continue despite the death of one
or both spouses or of the unmarried head of the family
for a period of 10 years or for as long as there is a minor
beneficiary, and the heirs cannot partition the same
unless the court finds compelling reasons of whoever
owns the property or constituted the FH.
•What is paternity?
•What is filiation?
•What proof of evidence is
required to establish paternity
and filiation?
•WHAT ARE THE CLASSIFICATIONS OF
FILIATION? (2009)
• NATURAL
• LEGITIMATE - conceived OR born within a valid marriage
• ILLEGITIMATE -conceived AND born outside a valid marriage
• JUDICIAL ACT
• LEGITIMATED -conceived and born outside of wedlock of parents to marry
at the time of conception or were so disqualified only because either or both
of them were below 18 yrs of age. (Art. 177, FC)
• ADOPTED -a filiation created by law which vests between 2
persons a relationship similar to that which results from legitimate paternity
and filiation.
I. NATURAL
• A. LEGITIMATE CHILDREN
• GR: one who is conceived OR born during the marriage of
parents (Art. 164, FC)
• XPN: Born outside of a valid marriage (VOID MARRIAGES)
but considered as legitimate child:
• 1. Children of marriage which are declared VOID under Art.
36;
• 2. Children of marriages which are declared VOID under Art.
53
•IS A CHILD BORN OUT OF
ARTIFICIAL INSEMINATION
LEGITIMATE?
Presumption of legitimacy (2006, 2008, 2010)

• ART. 164 of the FC provides that the children conceived or

born during the marriage of parents are LEGITIMATE
• The presumption of legitimacy of children does not only flow
out from a declaration contained in the statute but is based
on the board principles of justice and the supposed virtue of
the mother.
• The presumption is ground in a policy to protect innocent
offspring from the odium of illegitimacy (Liya, Jr. vs. Tanhoti-
Liyao, G.R. No. 138961, March 7, 2002)
WHAT IS THE EFFECT OF THE
DECLARATION OF A WIFE AGAINST THE
LEGITIMACY OF THE CHILD WHERE THE
CHILD IS CONCLUSIVELY PRESUMED TO
BE THE LEGITIMATE CHILD OF HUSBAND
AND WIFE?
•WHAT ARE THE GROUNDS FOR
IMPUGNING THE LEGITIMACY
OF A CHILD (ART. 166, FC)
• (1) PHYSICAL IMPOSSIBILITY for the husband to have sexual
intercourse with his wife within the first 120 days of the 300 days
which immediately preceded the birth of the child because of:
• PHYSICAL INCAPACITY of the husband to have sexual intercourse
with his wife
• The fact that the husband and wife were living separately in such a
way that SEXUAL INTERCOURSE WAS NOT POSSIBLE, or
• SERIOUS ILLNESS of the husband which ABSOLUTELY prevented
intercourse
• (2) Proved that for BIOLOGICAL or OTHER SCIENTIFIC
REASONS, the child could not have been that of the
husband, EXCEPT in the case of children conceived
through artificial insemination;
• (3) In case of children CONCEIVED THROUGH
ARTIFICIAL INSEMINATION, the written authorization
or ratification of either parent was obtained through
force, intimidation, violence, error and undue
influence (FIVE U)
•WHO ARE THE PERSONS
WHO MAY ATTACK THE
LEGITIMACY OF THE
CHILD?(2008 Bar)
• GR: Only the husband can contest the legitimacy of the child.
• XPNs: Heirs of the husband
• -within the period prescribed in Article 170, FC only in the ff cases:
• 1) If the husband should die before the expiration of the period
fixed for bringing the action
• If he should die after the filing of the complaint, without having
desisted therefrom
• If the child was born after the death of the husband (Art. 171)
 Action to impugn legitimacy vs. action to claim
legitimacy

BASIS ACTION TO IMPUGN ACTION TO CLAIM LEGITIMACY

LEGITIMACY (ART 166, FC) (ART. 173, FC)
REAL PARTY IN INTEREST GR: HUSBAND GR: CHILD
XPNs: HEIRS in cases where: XPNs: HEIRS OF THE CHILD, in
1) Husband died before the cases where:
expiration of the period for 1) Child died in state of
bringing the action INSANITY
2) Husband died after filing the 2) Child died during MINORITY:
complaint without having NOTE: Must be filed within 5
desisted years
3) Child was born after the
death of husband
BASIS ACTION TO IMPUGN ACTION TO CLAIM LEGITIMACY
LEGITIMACY (ART 166, FC) (ART. 173, FC)
REMEDY Action to impugn legitimacy or Action to claim legitimacy
illegitimacy (compulsory recognition)
Prescription 1 year – HUSBAND resides in the GR: During the lifetime of the
same municipality or city where child
birth took place XPN: Lifetime of the putative
2 years – HUSBAND does NOT father
reside in the same municipality In cases where the action is for
or city the recognition of illegitimate
3 years – HUSBAND is living child by “open and continuous
abroad possession” of the status
ILLEGITIMATE CHILD )2005, 2009, 2020 bar)
• Children conceived and born outside a valid marriage
• Children born of couples wo are not legally married or of common law marriages
• Children born of incestuous marriage
• Children born of bigamous marriage
• Children born of adulterous relations between parents
• Children born of marriages which are void for reasons of public policy under Art.
38, FC
• Children born of couples below 18
• Children born of void marriages under Art. 35, except were the marriage is void
for lack of authority of the solemnizing officer, but the parties or either of them
believed in good faith that the solemnizing officer had authority, in which case
the marriage will be considered valid and the children will be considered
legitimate.
R.A. 9255
• This act provides that illegitimate child may
OPTIONALLY use the father’s surname, PROVIDED:
• 1. FILIATION HAS BEEN RECOGNIZED BY THE FATHER
THROUGH THE RECORD OF BIRTH APPEARING IN THE
CIVIL REGISTER
• 2. ADMISSION IN PUBLIC DOCUMENT OR PRIVATE
HANDWRITTEN IS MADE BY THE FATHER
LEGITIMATION (2004, 2010)

•A REMEDY OR PROCESS BY MEANS OF

WHICH THOSE WHO IN FACT AND NOT
BORN IN WEDLOCK AND SHOULD
THEREFORE BE ORDINARILY
ILLEGITIMATE ARE BY FICTION,
CONSIDERED LEGITIMATE
•WHO ARE THE CHILDREN ENTITLED TO
LEGITIMATION?(1990, 2004, 2008, 2009)
•WHO MAY IMPUGN LEGITIMATION?
ACTION TO CLAIM FILIATION

•WHO ARE THE PERSONS WHO MAY FILE

FOR CLAIM LEGITIMATE
FILIATION/ILLEGITIMATE FILIATION (ART.
173)
• GR: Belongs to the CHILD
• XPN: the right is transferred to his heirs when the
child dies:
• During his minority or
• In state of insanity
• After commencing the action for legitimacy
 PRESCRIPTIVE PERIOD TO CLAIM LEGITIMACY OR
ILLEGITIMACY

•BY THE CHILD – DURING HIS LIFETIME

•BY HIS HEIRS – WITHIN 5 YEARS SHOULD
THE CHILD DIES DURING MINORITY, IN A
STATE IN INSANITY, OR OTHER
COMMENCING ACTION FOR LEGITIMACY
 WHAT ARE THE KINDS OF PROOF OF FILIATION? (1995,
1999, 2010)
• PRIMARY
• Record of birth appearing in civil registrar or final
judgment
• Admission of legitimate filiation in public document or
private handwritten instrument signed by parent
concerned
• SECONDARY
• Open and continuous possession of legitimacy
• Any means allowed by the Rules of Court and special laws
Adopted Children
• a) Domestic Administrative Adoption and Alternative Child
Care Act (RA 11642)
• Adoptions proceedings are now administrative.
• Upon effectivity of RA 11642 ON JANUARY 28, 2022, courts
may no longer receive or accept petitions for domestic adoption.
Jurisdiction over domestic adoption cases shall now be with the
newly created National Authority for Child Care (NACC), a
quasi-judicial agency attached to the Department of Social
Welfare and Development
Who may adopt
• (a) Any Filipino citizen at least twenty-five (25) years of age, who is in
possession of full civil capacity and legal rights; has not been convicted of
any crime involving moral turpitude; is of good moral character and can
model the same; is emotionally and psychologically capable of caring for
children; at least sixteen (16) years older than the adoptee; and who is in a
position to support and care for adopted children in keeping with the
means of the family: Provided, That the requirement of sixteen (16)-years
difference between the age of the adopter and the adoptee may be waived
when the adopter is the biological parent of the adoptee, or is the spouse
of the adoptee’s parent;
• (b) The legal guardian with respect to the ward after the termination of
the guardianship and clearance of financial accountabilities;
• (c) The legal guardians with respect to the foster child;
• (d) Philippine government officials and employees deployed or
stationed abroad: Provided, That they are able to bring the child
with them; and
• (e) Foreign nationals who are permanent or habitual residents of the
Philippines for at least five (5) years possessing the same qualifications as
above stated for Filipino nationals prior to filing of the
petition: Provided, That they come from a country with diplomatic
relations with the Republic of the Philippines and that the laws of the
adopter’s country will acknowledge the Certificate of Adoption as valid,
acknowledge the child as a legal child of the adopters, and allow entry of
the child into such country as an adoptee: Provided,further, That
requirements of residency may be waived for the following:
• 1) A former Filipino citizen, habitually residing in the
(
Philippines, who seeks to adopt a relative within
fourth (4th) civil degree of consanguinity or affinity;
or
• (2) One who seeks to adopt the legitimate child of the
Filipino spouse; or
• (3) One who is married to a Filipino citizen and seeks
to adopt jointly with the spouse a relative within the
fourth (4th) degree of consanguinity or affinity of the
Filipino spouse.
Spouses shall jointly adopt, except in the
following cases:
• (a) If one spouse seeks to adopt the legitimate
child of the other; or
• (b) If one spouse seeks to adopt own
illegitimate child: Provided, That the other
spouse has signified consent thereto; or
• (c) If the spouses are legally separated from
each other.
•
Who May be Adopted

• a) Any child who has been issued a CDCLAA;

• (b) The legitimate child of one spouse by the other spouse;
• (c) An illegitimate child by a qualified adopter to improve status of legitimacy;
• (d) A Filipino of legal age if, prior to the adoption, said person has been
consistently considered and treated by the adopters as their own child for a
period of at least three (3) years;
• (e) A foster child;
• (f) A child whose adoption has been previously rescinded;
• (g) A child whose biological or adoptive parents have died: Provided, That no
proceedings shall be initiated within six (6) months from the time of death of
said parents; or
• (h) (j) A relative of the adopter.
 Effects of a Decree of Adoption (See Article
Nos. 189-190 of the Family Code)
• Legitimacy. – the adoptee shall be considered the legitimate child
of the adopter for all intents and purposes and as such in entitled
to all the rights and obligations provided by law to legitimate
children born to them without discrimination of any kind. To this
end, the adoptee is entitled to love, guidance, and support in
keeping with the means of the family. The legitimate filiation that
is created between the adopter and adoptee shall be extended to
the adopter’s parents, adopter’s legitimate siblings, and legitimate
descendants.
• The adopter is also given the right to choose the name by which
the child is to be known, consistent with the best interest of the
child.
•WHAT IS SUPPORT?
• It comprises everything indispensable for
sustenance dwelling clothing, medical attendance
and transportation, in keeping with the financial
capacity of the family, including the education of
the person entitled to be supported until he
completes his education or training for some
profession, trade or vocation, even beyond the
age of majority (FC, Art. 194). (2010 Bar)
•What are the characteristics
of support?
(PRIMPEN)

• Personal;
• Reciprocal on the part of those who are by law bound to
support each other
• Intransmissible;
• Mandatory:
• Provisional character of support judgment;
• Exempt from attachment or execution; and
• Not subject to waiver or compensation
•What comprise
support?
 COMPOSITION OF SUPPORT

• Support comprises everything indispensable for:

• Sustenance;
• Dwelling:
• Clothing:
• Medical attendance
• Education includes schooling or training for some profession, trade or
vocation, even beyond the age of majority;
• Transportation-includes expenses going to and from school, or to
from place of work.
•What are the Rules on Support of
Illegitimate Children of Either Spouse?
(1) It depends upon the property regime of the
spouses

• ACP or CP For the support of the

following:
•Spouses;
•common children of the spouse; and
•legitimate children of either spouse
(2) Separate property of person:

• For the support of the following:

• illegitimate children;
• Legitimate ascendants
• Descendants, whether legitimate or illegitimate
• Brothers and sisters, whether legitimately or
illegitimately related
•WHO ARE THE PERSONS OBLIGED TO
SUPPORT? (2008 Bar)
• (1) Spouses *
• (2) Legitimate ascendants & descendants
• (3) Parents and their legitimate children, and the legitimate and
illegitimate children of the latter
• (4) Parents and their illegitimate children, and the legitimate and
illegitimate children of the latter;
• (5) Legitimate brothers and sisters whether full or half blood (FC, Art.
195)
•Are brothers and sisters not
legitimately related likewise bound
to support each other?
 Order on persons LiabLE to support
•Spouse
•Descendants in the nearest degree;
•Ascendants in the nearest degree
•Brothers and sisters.
•What is the rule on AMOUNT of
support?
May Support be decreased
or increased ?
•WHEN IS SUPPORT
DEMANDABLE?
•What is the Effect of Reaching Age
of Majority of person being
supported ?
•WHAT IS THE MANNER OF
PAYMENT?
•What are the Options
given to persons giving
support
1.To give a fixed monthly allowance; or
2.To receive and maintain the recipient
in the giver’s home or family dwelling
(FC, Art. 204).
•What is the Effect If support
is given by a stranger
without the knowledge of
the person obliged to give
support?
•GR: The stranger shall have the right of
reimbursement
•XPN: Unless it appears that he gave it
without any intention of being
reimbursed (FC, Art. 206).
•What is the rule on Payment by
Third Person Under Article 208?
•MAY THE RIGHT TO RECEIVE SUPPORT
AND MONEY/PROPERTY OBTAINED BE
ATTACHED?
•Is judgment for support
permanent?
•Does res judicata applies?
Parental authority
•
• Parental Authority is "the mass of rights and
obligations which parents have in relation to the
person and property of their children until their
emancipation and even after this under certain
circumstances" (Sempio Diy, 1995).
• Parental authority includes
• Caring for and rearing of such children for civic
consciousness and efficiency;
• Development of their moral, mental and physical
character and well-being (FC, Art. 209).
•What are the Characteristics of
parental authority?
• 1.Jointly exercised by the father and mother:
• 2.Natural right and duty of the parents;
• GR: Cannot be renounced, transferred or waived
• XPN: In cases authorized by law such as in cases of adoption,
guardianship and surrender to a children's home or an orphan
institution (Santos v.CA. G.R. No. 113054 March 16, 1995).
• 3. Purely personal;
• 4. Temporary.
•Who Exercise parental
authority?
•Are parental authority and
responsibility alienable?
•What is Parental preference
rule?
•What is Substitute Parental
Authority (2004 BAR)
•What is the Order of
substitute parental authority
• 1. Surviving Grandparent;
• 2. Oldest brother or sister, over 21 years unless unfit or disqualified:
• 3. Actual Custodian over 21 year unless unfit or disqualified (FC, Art.
216);
• 4. In case of foundlings, abandoned, neglected or abused children
similarly situated, parental authority shall be entrusted in summary
judicial proceedings to heads of children's homes, orphanages and
similar institutions duly accredited by the proper government agency
(FC, Art. 217)
•What is Special Parental
Authority (2003, 2004, 2005,
2010 Bar)
•
•Who are the Persons who may
exercise special parental authority
(FC Art 218)
•The school;
•School administrators;
•School teachers;
•Individual, entity or institution engaged
in child care.
•What is the Scope of special
parental authority
•What is the Scope of the parent's
right to discipline the child (EC Art
223)
• Persons exercising parental authority may:
• Impose discipline on minor children as may be required under the
circumstances;
• Petition the court for the imposition of appropriate disciplinary
measures upon the child, which include the commitment of the child
in entities or institutions engaged in child care or in children's homes
duly accredited by the proper government agency.
•What are the Grounds for
Termination of Parental
Authority
•1. Permanently
•Death of parents
•Emancipation of the child;
•Death of child (PC, Art: 228)
• 2. Temporarily - it may be revived
• Adoption of the child
• Appointment of general guardian
• Judicial declaration of abandonment of the child in a case filed for the
purpose
• Final judgment divesting parents of parental authority
• Incapacity of parent exercising parental authority:
• Judicial declaration of absence or incapacity of person exercising
parental authority (FC Art 229)
•What are the Grounds for
suspension of Parental
Authority
• Gives corrupting orders, counsel or example
• Treats child with excessive harshness and cruelty:
• Subjects/allows child be subjected to acts o lasciviousness (FC, Art.
231);
• Conviction of crime with penalty of civil interdiction (FC, Art. 230);
• Culpable negligence of parent or person exercising parental authority;
• Compels the child to beg.
•How is suspension of Parental
Authority is revoke and its revival