CIVIL LAW PERSONS & FAMILY RELATIONS

1. Presidential Decrees;
E FFECT AND A PPLICATION OF
L AWS
The Civil Code took effect on August 30, 1950.
E FFECTIVITY OF L AWS (A RT .2)
General Rule: Laws take effect after 15 days following
the completion of its publication in the Official Gazette
or in a newspaper of general circulation (EO No. 200).
The law shall take effect on the 16th day because in
counting the period, the first day is excluded and the
last day included (Art. 13, NCC).
No one shall be charged with notice of the statute’s
provision until publication is completed and the 15 day
period has expired.
Exception: Unless otherwise provided by the law (EO
No. 200).
The exception refers to the “15-day period” only and
not the requirement of publication. Publication is
indispensable, absence of which will not render the
law effective (Tañada v. Tuvera G.R. No. L-63915,
December 29, 1986).
Rules on Period Provided by Statute
Shorter/longer period than the 15-day
Such period as provided in the statute shall prevail.
Takes effect immediately
It shall take effect immediately after publication with
the 15-day period being dispensed with (Tañada vs.
Tuvera G.R. No. L-63915, December 29, 1986).
No provision as to its effectivity
It takes effect 15 days following its publication.
Coverage (PLAC3E)
2. Laws which refer to all statutes, including local and
private laws;
3. Administrative Rules and Regulations where
purpose is to enforce/implement existing law
pursuant to a valid delegation;
4. Charter of a City;
5. Circulars issued by the Monetary Board where
purpose is not merely to interpret but to fill in the
details of the Central Bank Act;
6. Circulars and Regulations which prescribe a penalty
for its violation (People vs. Que Po Lay, G.R. No. L-
6791, March 29, 1954);
7. Executive Orders (Tañada vs. Tuvera G.R. No. L-
63915, December 29, 1986).
Publication not Required (I – L)
1. Interpretative regulations and those internal in
nature, regulating only the personnel of the
administrative agency.
2. Letters of Instructions issued by administrative
superiors on rules/guidelines to be followed by
subordinates in the performance of their duties
(Tañada vs. Tuvera, ibid).
Date of effectivity of Municipal Ordinances is NOT
covered by this rule but by the Local Government
Code (Tañada vs. Tuvera, supra).
I GNORANCE OF THE L AW
E XCUSES NO ONE (A RT .3)
Conclusive Presumption
Every person is presumed to know the law even if they
have no actual knowledge of the law. It applies only to
mandatory and prohibitory laws.
Does not apply to foreign laws because there is no
judicial notice of such foreign laws; it must be proved
like any other matter of fact (Ching Huat vs. Co Heong
L-1211, January 30, 1947).
Note: Mistakes in the application or interpretation of

EXECUTIVE COMMITTEE SUBJECT COMMITTEE MEMBERS

IAN MICHEL GEONANGA overall
chairperson, JOSE ANGELO DAVID
chairperson for academics, RUTH
ABIGAIL ACERO chairperson for hotel
operations, ALBERTO RECALDE, JR.
vice-chairperson for operations, MARIA
CARMELA HAUTEA vice-chairperson
for secretariat, MARK EMMANUEL
ABILO vice-chairperson for finance,
RYAN LIGGAYU vice-chairperson for
electronic data processing, JOMARC
PHILIP DIMAPILIS vice-chairperson
for logistics
JHOY PALLONES subject chair, MICAELA
KRISTINA GALVEZ assistant subject chair, PIA
ISABEL CO edp, FRANCIA ROMLINA
RODRIGUEZ persons and family relations,
JENNETH CAE CAINDAY property, IRENE
ALCOBILLA wills and succession, JOSE
AMELITO BELARMINO II and ROWNEYLIN
SIA obligations and contracts, SAMANTHA
GRACE MANALO sales and lease, LAUREN
GAIL DIVINO partnership, agency and trusts,
MABEL BUTED credit transactions, JULIUS
CEASAR BALBUENA torts and damages,
KATHLEEN VALERIO land titles and deeds,
ILLAC BOHOL conflict of laws
Phoebe Alhambra, Diana Bartolome,
Jesus Paolo Borlagdan, Darniel
Bustamante, Jamela Jane Caringal, Ma.
Criselda Correa, Reynaldo Dalisay,
Kristine Lara Defensor, Carel Brendth
Dela Cruz, Regine Estillore, Anne
Clarisse Guzman, Aziel Guzman,
Martin Michael Hatol, Maria Emma
Gille Mercado, Richmond
Montevirgen, Astrid Ong, Ruth Ann
Ong, Rodel James Pulma, Dan Bernard
Sabilala, Jeth Lester Tan, Maria Anne
Cyra Uy
 PERSONS & FAMILY RELATIONS
difficult or doubtful provisions of law may be the basis
of good faith and has been given the same effect as a
mistake of fact, which may excuse one from the legal
consequences of his conduct (Art. 526, 2155, NCC).
N ON R ETROACTIVITY OF L AWS
(A RT .4)
General Rule: No retroactive effect.
Exceptions: (P2UT NICE)
1. Procedural or Remedial;
2. Penal laws favorable to the accused;
3. Unless the law otherwise provides;
4. Tax laws when expressly declared or is clearly the
legislative intent (Cebu Portland Cement vs. Coll.
G.R. No. 18649, February 27, 1965);
5. Laws creating new rights (Bona vs. Briones G.R.
No. L-10806, July 6, 1918; Bustamante et al. vs.
Cayas, G.R. Nos. L-8562-8563, December 17,
1955);
6. Interpretative Statutes;
7. Curative or Remedial statutes;
8. Emergency Laws.
Exceptions to the Exception: (E–L)
1. Ex Post Facto Laws;
2. Laws that impair obligation of contracts (Asiatic
Petroleum vs. Llanes, G.R. No. L-25386, October
20, 1926).
A CTS C ONTRARY TO L AW
(A RT .5)
General Rule: Acts contrary to mandatory or
prohibitory laws are VOID.
Exceptions: (PAVE)
1. The law makes the act valid but punishes the
violator (ex. Marriage solemnized by a person
without legal authority)
2. The law itself authorizes its validity (ex. Lotto,
sweepstakes)
3. The law makes the act only voidable (ex. Voidable
contracts where consent is vitiated)
4. The law declares the nullity of an act but recognizes
its effects as legally existing (ex. Child born before
annulment of marriage is considered legitimate).
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CIVIL LAW
W AIVER OF R IGHTS (A RT .6)
General Rule: Rights can be waived.
Requisites for a valid waiver: (CUE–CF)
1. Full capacity to make the waiver.
2. Waiver must be unequivocal
3. Right must exist at the time of the waiver
4. It must not be contrary to law, public policy,
morals or good customs or prejudicial to a third
person with a right recognized by law.
5. When formalities are required, the same must be
complied with.
Exceptions: (C–PEN)
1. Waiver is contrary to law, public order, public policy,
morals or good customs;
2. If the waiver is prejudicial to a third party with a right
recognized by law.
3. Alleged rights which are really not yet in existence,
as in the case of future inheritance
4. If the right is a natural right, such as right to be
supported.
J UDICIAL D ECISIONS F ORM
P ART OF L EGAL S YSTEM OR
D OCTRINE OF S TARE D ECISIS
(A RT .8)
Doctrine of Stare Decisis
It enjoins adherence to judicial precedents and is
based on the principle that once a question of law has
been examined and decided, it should be deemed
settled and closed to further argument.
Judicial decisions applying or interpreting laws shall
form a part of the legal system of the Philippines.
Stare decisis et non quieta movere. Let the decision
stand and disturb not what is already settled. The
doctrine of stare decisis is a salutary and necessary
rule. When the Court lays down a principle of law
applicable to a certain set of facts, it must adhere to
such principle and apply it to all future cases where
the facts in issue are substantially the same. Else, the
ideal of a stable jurisprudential system can never be
achieved (Saguiguit vs. People, G.R. No. 144054,
June 30, 2006).
Legal Effects of Judicial Decisions
1. No Publication required;
 CIVIL LAW
2. Binding between parties after the lapse of appeal
period; and
3. Will bind all future cases with identical facts, until
reversed by SC.
Judicial decisions, although in themselves not laws,
assume the same authority as the statute itself
(People vs. Licera G.R. No. L-39990, July 2, 1975).
No publication required, binding on parties after the
lapse of appeal period, and will bind all future cases
with identical facts, until reversed by SC.
The application or interpretation placed by the Court
upon a law is part of the law as of the date of
enactment of said law because the Supreme Court’s
interpretation merely establishes the
contemporaneous legislative intent that the construed
law purports to carry into effect (People v. Licera G.R.
No. L-39990, July 2, 1975).
HOWEVER, when a doctrine is overruled and a
different view is adopted, the new doctrine should be
applied prospectively and should not prejudice parties
who relied on the old doctrine (People v. Jabinal G.R.
No. L-30061, February 27, 1974).
C USTOMS (A RTS .11 AND 12)
Customs
Rules of conduct formed by repetition of acts uniformly
observed as a social rule. They are legally binding and
obligatory.
General Rule: Customs must be proved as a fact
according to the rules of evidence.
Exception: A court may take judicial notice of a custom
if there is already a decision rendered by the same
court recognizing the custom.
Requisites to Make a Custom an Obligatory Rule:
(P2OT)
1. Plurality or repetition of acts;
2. Practiced by the great mass of the social group;
3. The community accepts it as a proper way of acting,
such that it is considered as obligatory upon all;
4. Continued practice for a long period of time.
R ULE ON P ERIODS (A RT .13)
Rule on Periods
1. Years - 365 days, unless year is identified;
PERSONS & FAMILY RELATIONS
2. Months - 30 days, unless month identified;
3. Days – 24 hours;
4. Nights – Sunset to sunrise;
5. Calendar week – Sunday to Saturday;
6. Week – Count 7 days as indicated, not necessarily
Sunday to Saturday.
To count the period, first day is excluded, last day is
included.
Exception: Rule does NOT apply to computation of
age; each year is counted based on birth anniversary.
Policy if the Last Day is a Sunday or a Legal Holiday
1. If the act to be performed within the period is
prescribed or allowed (a) by the Rules of Court, (b)
by an order of the court, or (c) by any other
applicable statute, the last day will automatically be
considered the next working day.
2. If the act to be performed within the period arises
from a contractual relationship, the act will become
due despite the fact that the last day falls on a
Sunday or Holiday.
P ROVISION ON C ONFLICT OF
L AW (A RTS .14-17)
1. Penal Laws and laws of public security (Article 14):
Territoriality rule governs regardless of the
nationality but subject to principles of international
law and to treaty stipulations.
2. Laws relating to family rights and duties, or to
status, condition and legal capacity of persons
(Article 15): Nationality rule applies regardless of
their place of residence.
Exception: Divorce validly obtained abroad by alien
spouse capacitating him or her to remarry, the
Filipino spouse shall have capacity to remarry under
Philippine law. (Article 26 (2) Family Code)
3. Laws on property (real and personal)
Lex Rei Sitae: The law of the country where the
property is situated shall govern property
transactions. (Article 16 (1))
Exception: Order and amount of successional rights,
intrinsic validity of testamentary provisions, and
capacity to succeed governed by the national law of
decedent (Article 16 (2)).
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 PERSONS & FAMILY RELATIONS CIVIL LAW

rights;
d. Order of
succession.
4. Laws on forms and solemnities

Lex Loci Celebrationis: Forms and solemnities of
contracts, wills, and other public instruments
(extrinsic validity) shall be governed by the laws of
the country in which they are executed (Article 17).
Exceptions:
a. Marriage between Filipinos solemnized abroad
shall be void though valid abroad when void
under Philippine laws. (Article 26(1) FC)
b. Intrinsic Validity of Contracts: Validity is
determined by the following rules:
i. The law stipulated by the parties shall be
applied;
ii. In default thereof, and the parties are of the
same nationality, their national law shall be
applied;
iii. If the parties are not of the same nationalities,
the law of the place of the perfection of the
obligation shall govern its fulfillment;
iv. If the above places are not specified and they
cannot be deduced from the nature and
circumstances of the obligation, then the law of
the passive subject shall apply.
Rules on Personal Law: Domiciliary Rule and
Nationality Rule Distinguished
Domiciliary Rule Nationality Rule
Basis for determining Basis for determining
personal law of an personal law is his
individual is his CITIZENSHIP
DOMICILE
5. Renvoi Doctrine: Occurs when a citizen of another
country dies as a domiciliary of another country.
Where the conflict rules of the forum refer to a
foreign law, and the latter refers it back to the
internal law, the law of the forum shall apply.
Transmission Theory: If the foreign law refers it to a
third country, the said country’s law shall govern.
6. Doctrine of Processual Presumption: The foreign
law, whenever applicable, should be proved by the
proponent thereof; otherwise, such law shall be
presumed to be exactly the same as the law of the
forum.

Lex Loci Rule on Prohibitive Laws

Lex Nationalii Lex Rei Sitae
Celebrationis
Art. 15, CC Art. 16, CC Art. 17, CC General Rule: Prohibitive laws concerning persons,
Citizenship is Law of the Law of the their acts or property, and laws which have for their
the basis for place where place where object public order, public policy or good customs are
determining the property is the contract NOT rendered ineffective by laws, or judgments
the personal situated is the was executed promulgated or by determinations or conventions
law applicable basis for is the basis for agreed upon in foreign country. (Art. 17(3))
determining determining
law applicable law applicable Exception: Art. 26, par. 2 Family Code (ex. Divorce
Covers family Covers both Covers only Law)
rights and real and the forms and
duties, status, personal solemnities
condition and property (extrinsic H UMAN R ELATIONS
legal capacity validity)
of persons. ABUSE OF RIGHT (Art. 19)
Exception: Exceptions: Exceptions: Elements: (LEP)
Art. 26, par. 2 (CIAO) 1. Art. 1. Existence of a legal right or duty;
of Family Code a. Capacity to 26, par. 1 of 2. Which is exercised in bad faith;
succeed; Family Code 3. For the sole intent of prejudicing or injuring another.
b. Intrinsic 2. Intrins
validity of the ic validity of Doctrine of Violenti Non Fit Injuria (to which a person
will; contracts assents is not esteemed in law as injury)
c. Amount of Refers to self-inflicted injuries or to the consent to
successional injury which precludes the recovery of damages by

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 CIVIL LAW PERSONS & FAMILY RELATIONS

one who has knowingly and voluntarily exposed 2. Acquisition is undue and at the expense of another,
himself to danger, even if he is not negligent in doing which means without just or legal ground.
so (Nikko Hotel Manila Garden, et all vs. Roberto
Reyes (Amay Bisaya) G.R. No. 154259, Feb. 28,
2005).

Damnum Absque Injuria (damage without injury)

A person who exercises his legal right does no injury.
HOWEVER, it cannot be said that a person exercises Accion in Rem Verso and Solutio Indebiti
a right when he unnecessarily prejudices another or
Solutio Indebiti
offends morals or good customs. Accion In Rem Verso
(Art. 2154)
When damages result from a person’s exercise of It is not necessary that
rights, it is damnum absque injuria (ABS-CBN v. the payment was made
Republic Broadcasting Corp. G.R. No. 128690, by mistake, payment Payment was made by
January 21, 1999). could have been made mistake is an essential
knowingly and voluntarily element to maintain the
ACTS CONTRARY TO LAW (Art. 20) but nevertheless, there action for recovery.
Every person who, contrary to law, willfully or would be recovery of what
negligently causes damage to another, shall indemnify has been paid.
the latter for the same.
Requisites: (JELA)
ACTS CONTRA BONUS MORES (Art. 21) 1. Enrichment is without just or legal ground
2. Defendant has been enriched;
Elements: (L-C-I) 3. Plaintiff has suffered a loss; and
1. There is a legal act; 4. He has no other action based on contract, quasi–
2. But which is contrary to morals, good customs, contract, crime or quasi–delict.
public order or public policy; and,
3. It is done with intent to injure. For a more comprehensive discussion of Articles 19-
35, please see discussion thereof under Torts.
Articles 19, 20 and 21 are related to one another and
under these articles, an act which causes injury to
another may be made the basis for an award of P REJUDICIAL Q UESTION
damages (Albenson Enterprises Corp. v. CA, G.R. No. (A RT .36)
88694, January 11, 1993).
Articles 19 and 21 refer to INTENTIONAL acts while
Article 20 pertains either to WILLFUL or NEGLIGENT General Rule: If both criminal and civil cases are filed
acts, which must be contrary to law. (Ibid.) in court, the criminal case takes precedence.

Exceptions:
P RINCIPLE OF U NJUST 1. In case of prejudicial questions, the criminal case is
E NRICHMENT (A RT .22) suspended because the issues in the civil case are
determinative of the outcome of the criminal case.

Accion in Rem Verso A prejudicial question is that which arises in a case,

It is an action for recovery of what has been paid
without just cause.
Application:
1. When someone acquires or comes into possession
of something, which means delivery or acquisition of
things; AND
the resolution of which is a logical antecedent of the
issue involved therein, and the cognizance of which
pertains to another tribunal (Yap v. Paras, G.R. No.
101236, January 30, 1992).
Requisites: (Section 7, Rule 111, Rules of Court)

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 PERSONS & FAMILY RELATIONS CIVIL LAW

a. Previously instituted civil action involves an issue

similar or intimately related to the issue raised in Restrictions on capacity to act
the subsequent criminal action; an The same do not exempt the incapacitated person
b. The resolution of such issue determines whether from certain obligations as when the latter arise from
or not the criminal action may proceed. his acts or from property relations such as easements
(Art. 38): (MID-PC)
2. Independent civil action granted by law (CD-RQ) 1. Minority
a. Breach of constitutional and other rights (Art. 32) Minority does not exempt the minor from certain
b. Defamation, fraud, physical injuries (Art. 33) obligations, as when the latter arise from his acts or
c. Refusal or failure of city or municipal police to from property relations. (Art. 38) Thus, he may
give protection (Art. 34) acquire property using the capital of his parents,
d. Quasi-delict or culpa-aquiliana (Art.2177) said property to belong to the latter in ownership
and usufruct.
The Civil Code has SUPPLETORY application in 2. Insanity or imbecility
matters governed by special laws. 3. State of being deaf mute
Deaf mute may either be sane or insane.
4. Prodigality – The state of squandering money or
C IVIL P ERSONALITY (A RT .37) property with a morbid desire to prejudice the heirs
of a person (Martinez v. Martinez, 1 Phil. 182).
Civil Personality 5. Civil interdiction
It is the aptitude of being the subject, active or
passive, of rights and obligations. Modifications/ limitations on capacity to act (Art. 39):
(FI3T P2A3D)
Juridical capacity and Capacity to Act (Paras, E. Civil 1. Family Relations;
Code of the Philippines Annotated 15th ed. (2002), p. 2. Insanity;
236) 3. Imbecility;
Juridical Capacity Capacity To Act 4. Insolvency;
Fitness to be the 5. Trusteeship;
Power to do acts with 6. Penalty;
subject of legal relations
legal effects (Art. 37) 7. Prodigality;
(Art. 37)
Passive Active 8. Age;
Inherent Merely acquired 9. Alienage;
Lost through death and 1. Absence; and
Lost only through death 2. State of being deaf-mute.
other causes
Can exist without Cannot exist without
capacity to act juridical capacity Note: The consequences of the restrictions and
Cannot be limited or Can be restricted, modifications on a person’s capacity to act are
restricted modified or limited provided by the Civil Code, other codes, special laws
and the Rules of Court.
A person is presumed to have capacity to act.
(Standard Oil Co. v. Arenas, et al., 14 Phil. 363) N ATURAL P ERSONS
Theories on Capacity to Act
Theory of General Theory of Special Beginning of personality
Capacities Capacities
Applies to natural Applies to juridical General rule: Birth determines personality (actual
persons persons personality) (Art. 40).
This limits the power of
Exception: The law considers the conceived child as
effects except only in juridical persons only to
born for all purposes favorable to it if born alive.
those specific those that are expressly
Therefore, the child has a presumptive personality,
circumstances where conferred upon them or
which has two characteristics:
the capacity to act is those which can be
implied therefrom or 1. Limited and
restrained
incidental thereto 2. Provisional or conditional (Quimiguing vs. Icao, G.R.

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 CIVIL LAW
No. L-26795, July 31, 1970)
Note: The concept of provisional personality CANNOT
be invoked to obtain damages for and in behalf of an
aborted child (Geluz vs. CA, G.R. No. L-16439, July
20, 1961).
A conceived child is already entitled to support from its
progenitors (Quimiguing vs. Icao, G.R. No. L-26795,
July 31, 1970) and can be acknowledged even before
it is born (De Jesus v. Syquia, 58 Phil. 866).
When is a child considered born: (Art. 41)
General Rule: For civil purposes, the fetus is
considered born if it is alive at the time it is completely
delivered from the mother’s womb.
Exception: If the fetus had an intra-uterine life of less
than 7 months, it is NOT deemed born if it dies within
24 hours after its complete delivery from the maternal
womb (Article 41).
Illustration:
Intra-uterine life When considered born
7 months or more Alive upon complete
delivery
- regardless whether the
child dies within 24
hours or not
Less than 7 months Alive upon complete
delivery AND at least 24
hours thereafter
The legitimacy or illegitimacy of a child attaches upon
conception (Continental Steel Manufacturing Corp. v.
Hon. Accredited Voluntary Arbitrator, et al., G.R. No.
182836, October 13, 2009).
How civil personality is extinguished
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. 42).
Presumption of survivorship
In case of doubt as to which of two or more persons
called to succeed each other died first:
1. Whoever alleges the death of one prior to the other
shall prove the same
2. In the absence of proof, the presumption is that the
parties died at the same time and there shall be no
transmission of rights from one another (Art. 43)
PERSONS & FAMILY RELATIONS
Note: Article 43 applies when the case involves two or
more persons who are called to succeed each other.
But if the parties are not called to succeed each other,
Rule 131, Sec. 3 (jj) of the Rules of Court applies.
Both are to be applied only in the absence of facts.
(Paras, p. 248)
Rule 131 Section 3 (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.
JURIDICAL PERSONS (Art. 44 to 46)
A juridical person is a being of legal existence
susceptible of rights and obligations, or of being the
subject of juridical relations (Roldan vs. Philippine
Veterans Board G.R. No. L-11973, June 30, 1959)
Who are juridical persons:
1. State and its political subdivisions
2. Corporations for public interest - governed either by
the Corporation Code or their special charters
passed by the legislature.
Personality begins as soon as they have been
constituted according to law
3. Corporations, partnerships and associations for
private interest
Corporations are governed by the Corporation
Code. Their personality exist from the moment a
certificate of incorporation is granted to it from the
Securities and Exchange Commission (Sec. 19,
Corporation Code)
By a contract of partnership, two or more persons
bind themselves to contribute money, property or
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industry to a common fund, with the intention of absent, he intends to return. (Uytengsu v. Republic,
dividing the profits among themselves; or for the 50 O.G. 4781, Oct. 1954)
exercise of profession (Art. 1767, NCC).
Partnerships are governed by the contract between Note: Three basic rules on domicile of choice:
partners and the provisions of Art. 1767 to 1867 of (Ugdoracion vs. COMELEC G.R. No. 179851, April
the Civil Code. 18, 2008):
a. A man must have a residence or domicile
somewhere;
C ITIZENSHIP AND D OMICILE b. Domicile, once established, remains until a new
one is validly acquired; and
Citizenship c. A man can have but one residence or domicile at
It is the membership in a political community which is any given time.
more or less permanent in nature. Article IV of 1987 d. Every sui generis may change his domicile.
Philippine Constitution now governs the rule on
citizenship. 3. Domicile by operation of law – attributes to a person a
Modes of acquiring citizenship domicile independent of his own intention or actual
1. Jus sanguinis – by blood, wherever he may be born residence, ordinarily resulting from legal domestic
2. Jus soli – by place of birth relations, as that of the wife arising from marriage, or
3. Naturalization – artificial means (judicial or the relation of a parent and a child
administrative) by which a state adopts an alien and
gives him imprint and endowment of a citizen of that Requirements for the acquisition of new domicile
country (Romualdez v. RTC, Br. 7, Tacloban City, 226 SCRA
408, 415)
Domicile 1. Bodily presence in a new locality – actual removal
For the exercise of civil rights and the fulfillment of civil or actual change of domicile
obligations, the domicile of natural persons is the 2. Intention to remain therein (animus manendi)
place of their habitual residence (Art. 50 NCC). 3. Intention to abandon the old domicile (animus non
revertendi)
Residence Domicile
Denotes a fixed Rules for determining the domicile of juridical persons
Indicates a place of permanent residence, (Article 51):
abode, whether which when absent, one A.Get the domicile provided for in the law creating or
permanent or temporary has the intention of recognizing them or in their articles of agreement.
returning B.If not provided for, get the place:
There can be several There can only be one 1. Where their legal representation is established.
places of residence place of domicile 2. Or where they exercise their principal functions.
No length of residence
It is residence coupled If the corporation has head office and with branches,
without intention of
with intention to remain the domicile is where the head office is located.
remaining will constitute
for an unlimited time (Paras, p. 366)
domicile

Elements of domicile F AMILY C ODE

1. Physical presence in a fixed place
2. Intention to remain permanently in said place
(animus manendi) (Romualdez-Marcos vs. The Family Code of the Philippines took effect on
COMELEC, G.R. No. 119976 September 18, 1995). August 3, 1988.

Kinds of domicile (Romualdez-Marcos vs. COMELEC, M ARRIAGE

G.R. No. 119976 September 18, 1995)
1. Domicile of origin – Given by law to a person at birth
2. Domicile of choice – That which is voluntarily
chosen by a sui juris – as his more or less
permanent home; that to which, whenever he is
Marriage
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.

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Marriage Ordinary Contract

The Family Code emphasizes the permanent nature of
The law provides penal
marriage, hailing it as the foundation of the family. It is
and civil sanctions such
this inviolability which is central to our traditional and
as prosecution for
religious concepts of morality and provides the very
adultery or
bedrock on which our society finds stability
concubinage and
(Malcampo-Sin vs. Sin, G.R. No. 137590 March 26,
proceedings for legal
2001).
separation.
In Republic v. Nolasco (G.R. No. 94053 March 17, Can be dissolved only Can be dissolved by
1993), the Supreme Court stressed the strong need to by death or annulment, mutual agreement and
protect “…the basic social institutions of marriage and not by mutual by other legal causes
the family in the preservation of which the State has agreement
the strongest interest; the public policy here involved
is of the most fundamental kind. In Article II, Section Breach of promise to marry
12 of the Constitution, there is set forth the following
basic state policy: 'The State recognizes the sanctity General Rule: It is not by itself an actionable wrong
of family life and shall protect and strengthen the (Hermosisima vs. CA L-14628, September 30, 1960).
family as a basic autonomous social institution. The One cannot seek specific performance to compel
same sentiment has been expressed in the Family marriage.
Code of the Philippines in Article 149: 'The family,
being the foundation of the nation, is a basic social Exceptions: To be actionable, there must be another
institution which public policy cherishes and protects. act independent of the breach of promise to marry
Consequently, family relations are governed by law which gives rise to liability as where there was
and no custom, practice or agreement destructive of financial damage, social humiliation, and moral
the family shall be recognized or given effect. seduction.

Marriage and ordinary contract distinguished 1. Mere breach of promise to marry is not an
Marriage Ordinary Contract actionable wrong; but to formally set a wedding and
Special contract Merely a contract go through all the preparations and publicity, only to
Social institution Merely a contract walk out of it when the matrimony is about to be
Governed by law on Governed by law on solemnized, is quite different. This is palpably and
marriage contracts unjustifiably contrary to good customs for which
Not subject to defendant must be held answerable in damages
Generally subject to pursuant to Art. 21 NCC. (Wassmer vs. Velez, No.
stipulations except in
stipulations L-20089, December 26, 1964)
property relations
2. Where a man’s promise to marry was the proximate
Minors may contract
cause of giving herself unto him in sexual congress
Legal capacity is through their parents or
and there is proof he had no intention of marrying
required guardians or in some
her, the promise being a deceptive device, damages
cases by themselves
may be awarded pursuant to Art. 21 NCC because
Contracting parties
of the fraud and deceit behind it and the willful injury
must only be two
Two or more parties to her honor and reputation (Baksh vs. CA, G.R. No.
persons – one is a
regardless of gender 97336, February 19, 1993).
female and the other is
a male
ESSENTIAL REQUISITES OF MARRIAGE: (LC)
Parties can fix a period
1. Legal capacity of the contracting parties, who must
for its efficacy to be
Permanent union be a male and a female
ineffective after a few
a. Eighteen years old or above
years
b. Not under any impediment mentioned in Arts.
Breach of obligations of Breach of ordinary 37 and 38 (Art. 5)
husband and wife does contracts gives rise to 2. Consent freely given in the presence of a
not give rise to an an action for damages solemnizing officer (Art. 2)
action for damages. No particular form required

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Capable of intelligently understanding the nature Family Relations,

and consequences of the act 2010, p. 127);
issuance of
FORMAL REQUISITES OF MARRIAGE: (ALM) marriage license
1. Authority of the solemnizing officer despite absence
2. Valid Marriage License of publication prior
3. Marriage ceremony where the contracting parties to the completion
appear before the solemnizing officer, with their of the 10-day
personal declaration that they take each other as period for
husband and wife in the presence of not less than publication
two witnesses of legal age (Art. 3) (Alcantara vs.
Alcantara G.R.
Effects of noncompliance with the requisites (Art. 4) No. 167746
Essential Formal August 28, 2007)
Void ab initio
Marriage ceremony (Art. 6)
Absence (ex: expired marriage license; one of No prescribed form or religious rite for solemnization
the parties is below 18 years old at of marriage is required.
the time of the marriage)
Voidable Voidable The absence of two witnesses of legal age is merely
an irregularity but the party responsible for the
(ex: consent irregularity shall be civilly, criminally, and
obtained administratively liable.
Defect
through force
and Marriages by proxy
intimidation; 1. If it was solemnized in the Philippines, the marriage
Art. 45, 46) is VOID because physical appearance is required
Irregularity Valid Valid, but person under Art. 6.
responsible for 2. If performed abroad, whether between Filipinos or
irregularity shall foreigners or mixed, the controlling article is Art. 26
be civilly and of the Family Code. (Paras, p. 377-378)
criminally liable
Authority of solemnizing officer
Except: when It is not the presence or absence of the solemnizing
parties over 18 officer which constitutes the formal requirement but
but below 21 the absence or presence of the solemnizing officer’s
failed to obtain authority at the time of the solemnization of the
parental consent, marriage (Arañes vs. Occiano A.M. No. MTJ-02-1390
in which case the April 11, 2002; Navarro vs. Domagtoy A.M. No. MTJ-
marriage is 96-1088. July 19, 1996).
voidable (Art. 14)
General Rule: The solemnizing officer is not duty
(example of bound to investigate whether the marriage license was
irregularity: no regularly issued.
witnesses of legal
age, or only one Must only determine if it was issued by a competent
witness of legal official (Alcantara vs. Alcantara G.R. No. 167746
age, or witnesses August 28, 2007)
but not of legal
age during the If so, it may be presumed that the said official fulfilled
marriage the duty to ascertain whether the contracting parties
ceremony (Sta. fulfilled the requirements of law (People vs. Janssen
Maria, M., G.R. No. L-31763 December 27, 1929).
Persons and

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 CIVIL LAW
Exception: In cases of marriage in articulo mortis, in
remote places, and between a man and a woman
living together as husband and wife for at least 5 years
without legal impediment to marry each other
Solemnizing officer must take steps to ascertain the
ages, relationship, and qualifications of contracting
parties (Art. 29)
Persons authorized to Requisites for the
solemnize marriages exercise of their authority
(Art. 7) (PMJ-C³)
Priest, rabbi, imam or a. Duly authorized by his
ministers of any church church or religious
or religious sect sect;
b. Registered with the
office of the civil
registrar general;
c. Acting within the limits
of the written authority
granted; and
d. At least one of the
parties belongs to the
solemnizing officer’s
church or religious sect
Municipal and city The term “mayor” includes
mayors (Sec. 444, 445 a vice-mayor who is the
Local Government “Acting Mayor” or who is
Code, January 1, 1992) merely acting as a Mayor
(People vs. Bustamante,
citing Laxamana vs.
Baltazar G.R. No. L-
11598 January 27, 1959)
Incumbent members of Note: Court of Tax
the judiciary within the Appeals, Sandiganbayan,
court’s jurisdiction Court of Appeals and
Supreme Court justices
have jurisdiction over the
whole Philippine territory
(Sta. Maria, M., Persons
and Family Relations,
2010,, p. 135)
Ship captains or air a. The marriage must be
plane chiefs in articulo mortis (one
of the parties is at the
point of death);
b. The marriage must be
between passengers
or crew members;
PERSONS & FAMILY RELATIONS
c. The ship must be at
sea or the plane must
be in flight; including
stopovers at ports of
call.
Assistant pilot has no
authority to solemnize a
marriage even if airplane
chief dies during the trip
Commander of a military a. He or she must be a
unit, in the absence of military commander of
chaplain (Art. 32) a unit;
Note: Unit refers to a
battalion under the
present table of
organization and not a
mere company (Minutes
of the Civil Code Revision
Committee held on May
23, 1983, p. 4)
b. He or she must be a
commissioned officer;
Note: Rank should start
from 2nd lieutenant, ensign
and above (Webster
Dictionary, 1991 ed.)
c. A chaplain must be
assigned to such unit;
d. Such chaplain must
be absent at the time
of the marriage;
e. Marriage must be one
in articulo mortis; and
f. The contracting
parties, whether
members of the
armed forces or
civilians, must be
within the zone of
military operation.
Consul generals, a. Marriage must only
consuls or vice–consuls be between Filipino
of the Republic of the citizens;
Philippines abroad (Art.
10) b. Has authority to
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solemnize marriage Exceptions to the marriage license requirement

only abroad; (MARCO):
1. Among Muslims or members of ethnic cultural
c. Acts not only as communities solemnized in accordance with their
solemnizer of a customs, rites and practices (Art. 33)
marriage but also
perform the duties of Exception only applies to Muslims and members of
a local civil registrar the ethnic groups of the Cordillera Autonomous
such as the issuance Region because they have a separate law—Code of
of a marriage license; Muslim Personal Laws of the Philippines and
Organic Act of the Cordillera Autonomous Region
b. The solemnities (RA 6766). Other ethnic groups are still governed by
established by the Family Code (Sta. Maria, M., Persons and
Philippine laws shall Family Relations, 2010, p. 187).
be observed in their
execution (Art. 17, 2. In articulo mortis (Art. 27)
NCC). Marriage remains valid even if spouse at the point of
death subsequently survives (Art. 27)
Authorized venues of marriage (Art. 8) 3. In remote place
General Rule: Must be solemnized publicly, and not Residence of either party is so located that there is
elsewhere, in the no means of transportation to enable them to
1. Chambers of the judge or in open court personally appear before the local civil registrar (Art.
2. Church, chapel or temple 28)
3. Office of consul–general, consul or vice–consul 4. Marriage of people who have previously cohabited
for at least 5 years /ratification by cohabitation (Art.
Exceptions: 34)
1. Marriage in articulo mortis;
2. Marriage in remote places;
3. Marriage at a house or place designated by the Requisites:
parties in a sworn statement to that effect, with the a. The man and woman must have been living as
written request of both parties to the solemnizing husband and wife for at least five years before the
officer (Sta. Maria, M., Persons and Family marriage;
Relations, 2010, p. 140) b. The parties must have no legal impediment to
marry each other;
Note: This provision is only directory and the c. The fact of absence of legal impediment between
requirement that the marriage be solemnized in a the parties must be present at the time of
particular or a public place is not an essential marriage;
requisite. (Sta. Maria, M., Persons and Family d. The parties must execute an affidavit before any
Relations, 2010, p. 140) person authorized by law to administer oaths
stating that they have lived together for at least
Valid marriage license (Art. 9) five years (and are without legal impediment to
A formal requisite of marriage marry each other); and
e. The solemnizing officer must execute a sworn
Issued by the local civil registrar of the city or statement that he had ascertained the
municipality where EITHER contracting party qualifications of the parties and that he had found
habitually resides. no legal impediment to their marriage (Manzano
v. Sanchez G.R. No. MTJ–00–1329, March 08,
The license is valid in any part of the Philippines for 2001).
120 days from date of issue, which is the date when
the local civil registrar signed the license. The 5–year period should be computed on the
basis of cohabitation as husband and wife where
Automatically cancelled at the expiration of the period the only missing factor is the marriage contract to
if contracting parties have not made use of it (Art. 20) validate the union (ex: if both cohabited at the

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age of 17, counting starts when parties reach 18
years).
This 5–year period should be the years
immediately before the day of the marriage and it
should be a period of cohabitation characterized
by EXCLUSIVITY – meaning no legal impediment
was present at any time within the 5 years and
CONTINUITY – that is unbroken (Republic v.
Dayot, G.R. No. 175581, March 8, 2008).
5. Solemnized outside the Phil. where no marriage
license is required by the country where they were
solemnized (Art. 26 par. 1)
Solemnizing of a marriage involving a foreign
contracting party in the Philippines (Art. 21)
When either or both parties are foreign citizens, they
must first submit a CERTIFICATE OF LEGAL
CAPACITY TO MARRY issued by their
diplomatic/consular officials before marriage license
can be obtained.
Ratio: A certificate of legal capacity is necessary
because the Philippines, insofar as marriage is
concerned, adheres to the national law of the
contracting parties with respect to their legal capacity
to contract marriage. Without this certification of legal
capacity, the local civil registrar will not issue the
marriage license (Sta. Maria, M., Persons and Family
Relations, 2010, p. 151).
Exception: Marriage of both foreign citizens will be
solemnized by their country’s consul-general assigned
in the Philippines, if their country’s law allows the
same
Stateless persons or refugees from other countries
shall submit an affidavit stating circumstances to show
capacity to contract marriage before a marriage
license can be obtained (Art. 21 par. 2).
Marriage certificate (Art. 22)
Best documentary evidence of the existence of a
marriage (Tenebro vs. CA G.R. No. 150758 February
18, 2004).
A mere photostat copy of a marriage certificate is a
worthless piece of paper (Vda. De Chua vs. CA, G.R.
No. 116835, March 5, 1998) but if such photostat copy
emanated from the Office of the Local Civil Registrar
and duly certified by the local civil registrar as an
authentic copy of the records in his office, such
certified photostat copy is admissible as evidence
PERSONS & FAMILY RELATIONS
(Sta. Maria, M., Persons and Family Relations, 2010,
p. 154).
Testimony of one of the parties to the marriage,
witnesses or solemnizing officer is admissible to prove
the fact of marriage (Balogbog v. CA, G.R. No. 83598,
March 7, 1997).
It may also be proved by parol evidence (Sta. Maria,
M., Persons and Family Relations, 2010, p.156).
Mere cohabitation is not direct proof of marriage, and
it must be proved by proper documents or by oral
testimony in case they have been lost ( Sta. Maria, M.,
Persons and Family Relations, 2010, p.158).
Once the presumption of marriage arises, other
evidence may be presented in support thereof. The
evidence need not necessarily or directly establish the
marriage but must at least be enough to strengthen
the presumption of marriage. Every intendment of law
leans toward legitimizing marriage (Delgado vda de
De la Rosa v. Heirs of Marciana vda de Damian, GR
No 155733, January 27, 2006).
The Supreme Court rules in (Trinidad vs. CA, G.R. No.
118904. April 20, 1998) that when the question of
whether a marriage has been contracted arises in
litigation, said marriage may be proven by relevant
evidence. To prove the fact of marriage, the following
would constitute competent evidence: the testimony of
a witness to the matrimony, the couple’s public and
open cohabitation as husband and wife after the
alleged wedlock, the birth and the baptismal
certificates of children born during such union, and the
mention of such nuptial in subsequent documents.
Marriage
Marriage license certificate/marriage
contract
Formal requisite; Not essential for the
validity of the marriage;
Absence renders Best evidence to prove
marriage void ab initio existence (not validity)
except in the cases of marriage
provided under Art. 27
to 34
Issued by the local civil Issued by the person
registrar (Art. 19) solemnizing the
marriage (Art. 23)
Issued before the Issued after the
solemnization of the solemnization of the
marriage marriage
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Note: Marriage certificate is NOT an essential
requisite of marriage and should NOT be confused
with a marriage license.
M ARRIAGE C ELEBRATED
O UTSIDE THE P HILIPPINES
(A RT .26)
VALIDITY OF MARRIAGE
General Rule: Where one or both parties in the
marriage are citizens of the Philippines, the foreign
marriage is valid in this country if solemnized in
accordance with the laws of the country of celebration
(Art. 26).
In case a Filipino contracts a foreign marriage which is
null and void in the place where it was solemnized, the
same shall also be null and void in the Philippines
even if such was valid if celebrated under Philippine
laws.
If both are foreigners, lex loci celebrationis applies.
Exceptions: Foreign marriages shall not be recognized
in the Philippines if: (B2MA-PIP)
1. Contracted by a national who is below 18 years of
age (Art. 35(1))
Note: This exception should be construed as
referring to a situation where the marriage abroad is
between a Filipino and a Filipina and not between a
Filipino or Filipina and an alien married in the alien’s
state where he or she (the alien), though below 18
years of age, is capacitated to marry (Sta. Maria,
M., Persons and Family Relations, 2010, p. 165).
2. Bigamous or polygamous except as provided in Art.
41, FC (Art. 35(4))
3. Contracted through mistake of one party as to the
identity of the other (Art. 35(5))
4. Contracted following the annulment or declaration of
nullity of a previous marriage but before partition
(Art.35(6))
5. Void due to psychological incapacity (Art. 36)
6. Incestuous (Art.37)
7. Void for reasons of public policy (Art. 38)
Note: The existence of the pertinent provision of the
foreign marriage law must be shown to prove a foreign
marriage.
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CIVIL LAW
It is well-settled in our jurisdiction that our courts
cannot take judicial notice of foreign laws. Like any
other facts, they must be alleged and proved.
Australian marital laws are not among those matters
that judges are supposed to know by reason of their
judicial function. The power of judicial notice must be
exercised with caution, and every reasonable doubt
upon the subject should be resolved in the negative
(Garcia vs. Recio, G.R. No. 138322 October 2, 2001).
DIVORCE
General rule: Divorce is not allowed in the Philippines
Exceptions:
1. Between 2 aliens – if valid in their national laws
even if marriage was celebrated in the Philippines
2. Between a Filipino and an alien – if (a) there is a
valid marriage celebrated between a Filipino citizen
and a foreigner; and (b) a valid divorce according to
the national law of the foreigner is obtained abroad
by the alien spouse capacitating him or her to
remarry (Art. 26[2])).
The Filipino spouse should likewise be allowed to
remarry as if he or she was a foreigner at the time of
the solemnization of the marriage. To rule otherwise
would sanction absurdity and injustice (Republic v.
Orbecido III G.R. No. 154380 October 5, 2005).
Party pleading it must prove divorce as a fact and
demonstrate its conformity to the foreign law
allowing it, which must be proved as courts cannot
take judicial notice of foreign laws. If a valid divorce
decree has been obtained abroad, there is no more
need to file an action to nullify the marriage. The
plaintiff has no more personality to sue since the
marriage bond has already been severed (Felicitas
Amor-Catalan v. CA, G.R. No. 167109, February 6,
2007).
Article 26(2) applies where parties were Filipino
citizens at the time of the marriage was celebrated,
and later on, one of them becomes naturalized as a
foreign citizen and obtains a divorce decree: the
reckoning point is their citizenship at the time the
valid divorce is obtained abroad by the alien spouse
capacitating the latter to remarry (Rep. v. Obrecido
III, G.R. No. 154380, Oct. 5, 2005).
In Edgar San Luis v. Felicidad Sagalongos (G.R.
No. 134029, February 6, 2007), it was held that a
Filipino who had been divorced by his alien spouse
abroad may NOT validly remarry in the Philippines if
the marriage was solemnized BEFORE the Family
 CIVIL LAW
Code took effect. It was noted that there is no need
to retroactively apply Art. 26 paragraph 2 of the
Family Code, since there is sufficient jurisprudential
basis allowing the Court to rule in the affirmative.
There must be a showing that the divorce decree
gave the foreigner spouse legal capacity to remarry
because in some jurisdictions, remarriage may be
limited or prohibited (Bayot v. Bayot, G.R. No.
155635 & 163979, November 7, 2008).
The legislative intent is for the benefit of the Filipino
spouse, by clarifying his or her marital status,
settling the doubts created by the divorce
decree. Essentially, the second paragraph of Article
26 of the Family Code provided the Filipino spouse
a substantive right to have his or her marriage to the
alien spouse considered as dissolved, capacitating
him or her to remarry (Corpus v. Sto. Tomas, G.R.
No. 186571, August 11, 2010).
V OID M ARRIAGES (A RT .35)
KINDS OF VOID MARRIAGES (LAPIS):
I. Those contrary to law or public policy
II. Due to absence of essential or formal requisites
I. Due to psychological incapacity
II. Incestuous marriages
III. Void subsequent marriages
Note: As a general rule, good faith and bad faith are
immaterial in determining whether or not a marriage is
null and void. Nonetheless, the party who knew that
he or she was entering a void marriage before its
solemnization may be held liable for damages by the
other contracting party under Art,19, 20 and 21 of the
Civil Code.
Exceptions:
1. Art. 35 (2): either of the contracting parties is in
good faith in believing that the solemnizing officer
has authority although he has none in fact
2. Art. 41: person whose spouse disappears for four
consecutive years, or two years where there was
danger of death, the present spouse may validly
marry again after he or she:
a. Has a well-founded belief that his or her spouse is
dead;
b. Procures a judicial declaration of presumptive
death;
c. At the time of subsequent marriage ceremony, is
in good faith with the subsequent spouse;
otherwise, the subsequent marriage shall be
considered void.
PERSONS & FAMILY RELATIONS
In these two cases, it is necessary that both
contracting parties be in bad faith in order for the
marriage to be considered void.( Sta. Maria, M.,
Persons and Family Relations, 2010, p. 195)
BAD FAITH AS AFFECTING PROPERTY
DISPOSITION
General rule: In a void marriage, the property regime
is one of co-ownership (Art. 147 and 148). The law
provides that the person in bad faith will forfeit his or
her share in the co-ownership in favour of their
common children.
Exception: Void subsequent marriage due to the
failure of a party to get a prior judicial declaration of
nullity of the previous void marriage pursuant to Art.
40 of the Family Code in which case Art. 43 par. 2
(instead of Art. 147 or 148) shall apply (Sta. Maria, M.,
Persons and Family Relations, 2010, p. 195-196).
IMPRESCRIPTIBILITY OF ACTION FOR
DECLARATION OF NULLITY
General Rule: The action or defense for the
declaration of absolute nullity of a marriage shall not
prescribe (Art. 39, as amended by R.A. 8533
approved on February 23, 1998).
Only the spouses can file petition for declaration of
nullity
Pursuant to A.M. No. 02-11-10-SC (SC Resolution
which took effect on March 15, 2003), a petition for
declaration of absolute nullity of void marriage may be
filed solely by the husband or the wife. Thus,
compulsory or intestate heirs can question the validity
of the marriage of the spouses, not in a proceeding for
declaration of nullity, but upon the death of a spouse
in a proceeding for the settlement of the estate of the
deceased spouse filed in the regular courts (Enrico v.
Heirs of Medinaceli, G.R. No. 173614, September 28,
2007).
Declaration of nullity not a prejudicial question
The pendency of the civil action for nullity of marriage
does not pose a prejudicial question in a criminal case
for concubinage (Beltran vs. People, G.R. No. 137567,
June 20, 2000). This ruling applies in a case for
bigamy by analogy since both crimes presuppose the
subsistence of a marriage (Bobis v. Bobis, G.R.
No.138509, July 31, 2000).
ATTACKING A VOID MARRIAGE
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General rule: A void marriage can be attacked
collaterally.
Exceptions:
a. Art. 40: a person in a void marriage who wants to
remarry must first file a civil case to obtain a judicial
declaration of nullity of the first marriage
b. Obtaining a judicial declaration of nullity for
purposes other than remarriage (legitimacy,
settlement of estate, criminal case) when the validity
of the marriage is an issue
c. If a donor desires to revoke a donation propter
nuptias (in consideration of the marriage) given to
one or both the spouses on the ground that the
marriage is void (Sta. Maria, M., Persons and
Family Relations, 2010, p. 196-198).
JUDICIAL DECLARATION OF NULLITY (Art. 40)
The absolute nullity of a previous marriage may be
invoked for purposes of remarriage on the basis solely
of a final judgment declaring such previous marriage
void (Art. 40).
Remarriage is not the sole purpose of declaration of
nullity of a marriage as it can be declared void for
other purposes
For purposes of remarriage, the only legally
acceptable basis for declaring a previous marriage an
absolute nullity is a final judgment declaring such
previous marriage void
Parties to a marriage should not be permitted to judge
for themselves its nullity, only competent courts having
such authority. Prior to such declaration of nullity, the
validity of the first marriage is beyond question
(Landicho vs. Rolova L-22579, February 23, 1968).
One who enters into a subsequent marriage without
first obtaining such judicial declaration is guilty of
bigamy. This principle applies even if the earlier union
is characterized by statute as “void” (Manuel vs.
People, G.R. No. 165842, November 29, 2005).
Interestingly, in Lucio Morigo v. People, (GR No.
145226, Feb. 6, 2004), the SC ruled that a judicial
declaration of nullity is NOT NEEDED where NO
MARRIAGE CEREMONY at all was performed by a
duly authorized solemnizing officer, as where the
parties merely signed a marriage contract on their own
without the presence of the solemnizing officer.
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The requirement for a declaration of absolute nullity of
a marriage is also for the protection of the spouse
who, believing that his or her marriage is illegal and
void, marries again. With the judicial declaration of
the nullity of his or her marriage, the person who
marries again cannot be charged with bigamy. A
judicial declaration of nullity is required before a valid
subsequent marriage can be contracted; or else, what
transpires is a bigamous marriage, reprehensible and
immoral. (Teves vs. People, G.R. No. 188775, August
24, 2011).
For purposes other than remarriage, such as but not
limited to determination of heirship, legitimacy or
illegitimacy of a child, settlement of estate, dissolution
of property regime or criminal case, other evidence is
acceptable to show the nullity of the marriage and the
court may pass upon the validity of marriage so long
as it is essential to the determination of the case
(Niñal vs. Bayadog, G.R. No. 133778, March 14,
2000).
Collateral attack of marriage is allowed.
In a case for concubinage, the accused need not
present a final judgment declaring his marriage void,
for he can adduce evidence in the criminal case of the
nullity of his marriage other than proof of a final
judgment declaring his marriage void (Beltran vs.
People, G.R. No. 137567, June 20, 2000).
I. VOID MARRIAGES DUE TO ABSENCE OF ANY
OF THE ESSENTIAL OR FORMAL REQUISITES:
(BB–LAPIS)
1. Contracted by any party below 18 years of age even
with parental consent
2. Bigamous or polygamous marriages except Art 41
3. Solemnized WITHOUT a license except as
otherwise provided
4. Solemnized by any person NOT LEGALLY
authorized to perform marriages UNLESS one or
both of the parties believed in good faith that the
solemnizing officer had the legal authority to do so
5. Marriages contracted through mistake of one of the
parties as to the physical identity of the other
6. Subsequent marriages that are void under Article 53
of the Family Code
General rule: A marriage contracted by any person
during the subsistence of a previous valid marriage
shall be null and void (Gomez v. Lipana, GR. No. L–
23214, June 30, 1970).
Elements of bigamy (Art. 349, RPC):
 CIVIL LAW
a. The offender has been legally married.
b. The marriage has not been legally dissolved or in
case his or her spouse is absent, the absent
spouse could not yet be presumed dead
according to the Civil Code.
c. The offender contracts a second or subsequent
marriage.
d. The second or subsequent marriage has all the
essential requisites for validity.
. Exception to the exception: If there was a
Exception: Before the celebration of the
subsequent marriage, a declaration of
presumptive death is obtained after complying
with the following requirements: (JAB)
i. Judicial declaration of presumptive death;
present spouse must file a summary
proceeding for the declaration of the
presumptive death of the absentee without
prejudice to the latter’s reappearance.
ii. Absence of the other spouse must have been
for 4 consecutive years, or 2 years where there
was danger of death under circumstances laid
down in Art. 391 of the NCC;
iii. Well-founded belief of the present spouse who
wishes to marry that absent spouse is already
dead; and
There is no well-founded belief that the absent
spouse is already dead when the present party
fails to conduct a diligent search for the missing
party (Republic v. Nolasco, G.R. No. 94053,
March 17, 1993).
Note: This is intended to protect the present
spouse from criminal prosecution for bigamy
under Art 349 of the Revised Penal Code.
However, if the bigamous marriage was
committed abroad, the guilty party cannot be
criminally prosecuted for bigamy in the
Philippines as our penal statutes are territorial
in nature.
Exception to the exception: If both spouses of the
subsequent marriage acted in bad faith, said
marriage shall be void ab initio and all donations
made by one in favor of the other are revoked by
operation of law (Art. 44).
Effect of reappearance of absent spouse:
General rule: The subsequent bigamous marriage
under Article 41 remains valid despite
reappearance of the absentee spouse.
PERSONS & FAMILY RELATIONS
Exception: Subsequent marriage is automatically
terminated if the reappearance was recorded in a
sworn statement in the civil registry of the
residence of the parties to the subsequent
marriage at the instance of any interested person
with due notice to said spouses, without prejudice
to the fact of reappearance being judicially
determined in case such fact is disputed.
previous judgment annulling or declaring the first
marriage a nullity, the subsequent bigamous
marriage remains valid.
Notes: If the absentee reappears, but no step is
taken to terminate the subsequent marriage either
by affidavit or by court action, the absentee’s
mere reappearance even if made known to the
spouses in the subsequent marriage will not
terminate such marriage (SSS v. Bailon, G.R. No
165545, March 24, 2006).
By express provision of law (Art. 247, FC), the
judgment of the court in a summary proceeding
shall be immediately final and executory. As a
matter of course, it follows that no appeal can be
had of the trial court’s judgment in a summary
proceeding for the declaration of presumptive
death of an absent spouse under Article 41 of the
Family Code. It goes without saying, however,
that an aggrieved party may file a petition for
certiorari to question abuse of discretion
amounting to lack of jurisdiction. Such petition
should be filed in the Court of Appeals in
accordance with the Doctrine of Hierarchy of
Courts (Republic vs. Tango G.R. No. 161062 July
31, 2009).
Note: Enumeration in Art 35 is NOT exclusive. Other
VOID marriages include:
1. Marriages in a play, drama, or movie
2. Marriages between two boys and two girls
3. Marriages in jest
4. Common law marriages
II. PSYCHOLOGICAL INCAPACITY (Art. 36)
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. Its meaning is confined to the most serious
cases of personality disorders clearly demonstrative of
an utter insensitivity or inability to give meaning and
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 PERSONS & FAMILY RELATIONS
significance to the marriage. This psychological
condition must exist at the time the marriage is
celebrated (Santos vs. CA, G.R. No. 112019, January
4, 1995).
Psychological incapacity
It is the downright incapacity or inability to take
cognizance of and to assume the basic marital
obligations. The burden of proving psychological
incapacity is on the plaintiff. The plaintiff must prove
that the incapacitated party, based on his or her
actions or behavior, suffers a serious psychological
disorder that completely disables him or her from
understanding and discharging the essential
obligations of the marital state. The psychological
problem must be grave, must have existed at the time
of marriage, and must be incurable (Kalaw v.
Fernandez, G.R. No. 166357, September 19, 2011).
In Marable v. Marable, G.R. No. 178741, January 17,
2011, the Supreme Court ruled that “the term
‘psychological incapacity’ to be a ground for the nullity
of marriage under Article 36 of the Family Code, refers
to a serious psychological illness afflicting a party
even before the celebration of the marriage. These are
the disorders that result in the utter insensitivity or
inability of the afflicted party to give meaning and
significance to the marriage he or she has contracted.
Psychological incapacity must refer to 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: (JIG)
1. Juridical Antecedence – Must be rooted in
the history of the party antedating the marriage,
although the overt manifestations may emerge only
after the marriage; and
2. Incurability – Must be incurable or, even if it
were otherwise, the cure would be beyond the
means of the party involved;
3. Gravity – must be grave/serious such that the
party would be incapable of carrying out the
ordinary duties required in a marriage (Santos vs.
CA, G.R. No. 112019, January 4, 1995).
May involve a senseless, protracted and constant
refusal to comply with the essential marital obligations
by one or both of the spouses although he, she or they
are physically capable of performing such obligations
(Chi Ming Tsoi v. CA, G.R. No. 119190, Jan. 16,
1997).
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CIVIL LAW
A person who is unable to distinguish between fantasy
and reality would be unable to comprehend the legal
nature of the marital bond much less its psychic
meaning and the obligations attached to the marriage,
including parenting. One unable to adhere to reality
cannot be expected to adhere as well to any legal or
emotional commitments (Antonio v. Reyes, G.R. No.
155800, March 10, 2006).
While disagreements on money matters would, no
doubt, affect the other aspects of one’s marriage as to
make the wedlock unsatisfactory, this is not a
sufficient ground to declare a marriage null and void.
In fact, the Court takes judicial notice of the fact that
disagreements regarding money matters are common,
and even normal occurrences between husbands and
wives (Tongol vs. Tongol, G.R. No. 157610, October
19, 2007).
Petitioner is not entitled to moral damages based on
declaration of psychological incapacity because the
award of moral damages should be predicated, not on
the mere act of entering into the marriage, but on
specific evidence that it was done deliberately and
with malice by a party who had known of his or her
disability and yet willfully concealed the same (Noel
Buenaventura v. CA, et al., G.R. No. 127358, March
31, 2005).
Jurisprudential guidelines (Molina doctrine) (Republic
v. Molina G.R. No. 108763, February 13, 1997):
(PROBE PIG)
1. Incapacity must be permanent or incurable;
2. Root cause of the psychological incapacity must be:
a. Medically or clinically identified
b. Alleged in the complaint:
i. Sufficiently proven by experts
ii. Clearly explained in the decision
3. Marital obligations refer to Art. 68–71, 220,221 and
225 of the FC;
4. Plaintiff has burden of proof;
5. Incapacity proven to be existing at the time of the
celebration of marriage;
6. Trial court must order the prosecuting attorney or
fiscal and the Solicitor General to appear for the
state;
7. Illness is grave enough to bring about disability to
assume essential marital obligations; and
Interpretations of the National Appellate Matrimonial
Tribunal of the Catholic Church of the Philippines
while not controlling should be given great respect.
Note: The Supreme Court said that the provisions of
Article 36 should be interpreted on a case-to-case
 CIVIL LAW
basis. The Court said: “Let it be remembered that
each case involving the application of Article 36 must
be treated distinctly and judged not on the basis of a
priori assumptions, predilections or generalizations but
according to its own attendant facts. Courts should
interpret the provision on a case-to-case basis, guided
by experience, the findings of experts and researchers
in psychological disciplines, and by decisions of
church tribunals.” (Aurelio vs. Aurelio, G.R. No.
175367, June 6, 2011).
In Te v. Yu-Te (G.R. No. 161793, February 13, 2009),
the SC stressed that it is the court, on a case to case
basis, which determines whether a party to a marriage
is psychologically incapacitated, and that each case
should be treated differently. In ruling that the doctrine
in Republic vs. CA and Molina (1997) was
inapplicable, the Court declared that cases of
psychological incapacity should be decided not on the
basis of a priori assumptions, predictions or
generalizations but according to its own facts. Courts
should interpret the provision on a case-to-case basis;
guided by experience, the findings of experts and
researchers in psychological disciplines, and by
decisions of church tribunals. While it was not
suggesting the abandonment of the Molina doctrine, it
ruled that said doctrine has become a strait-jacket,
forcing all sizes to fit into and be bound by it, and in
conveniently applying said doctrine, has allowed
diagnosed sociopaths, schizophrenics,
nymphomaniacs, narcissists and the like, to
continuously debase and pervert the sanctity of
marriage.
In ruling that both parties to the marriage were
psychologically incapacitated, the Court also stressed
that the expert opinion on the psychological and
mental temperament of the parties must not be
discounted, but must instead be considered as
decisive evidence.
The wife’s promiscuity and the psychiatrist’s report
that she was suffering from social personality disorder
exhibited by blatant display of infidelity, emotional
immaturity, and irresponsibility cannot be equated with
psychological incapacity (Dedel v. Court of Appeals,
G.R. No. 151867, January 29, 2004).
Similarly, the husband’s alleged alcoholism,
drunkenness, his habitual verbal and physical abuse
of the wife, failure to support the latter and her
children, and unbearable jealousy, do not constitute
psychological incapacity (Republic vs. Melgar, G.R.
No. 139676,March 31, 2006).
PERSONS & FAMILY RELATIONS
In Marcos v. Marcos (GR. NO. 136490, October 19,
2000), the SC held that psychological incapacity may
be established by the totality of the evidence
presented. The facts alleged in the petition and the
evidence presented, considered in totality, should be
sufficient to convince the court of the psychological
incapacity of the party concerned (Bernardino S.
Zamora vs. CA, G.R. No. 141917, February 7, 2007).
There is NO REQUIREMENT that the person sought
to be declared psychologically incapacitated should be
personally examined by a physician or psychologist as
a condition sine qua non to arrive at such declaration.
It can be proven by independent means that one is
psychologically incapacitated; there is no reason why
the same should not be credited (Republic of the
Philippines vs. Laila Tanyag-San Jose and Manolito
San Jose, G.R. No. 168328, February 28, 2007).
Psychological incapacity is not meant to comprehend
all possible cases of psychoses. The fourth guideline
in Molina requires that the psychological incapacity as
understood under Art. 36 (FC) must be relevant to the
assumption of marriage obligations, not necessarily to
those not related to marriage, like the exercise of a
profession or employment in a job (Tongol vs. Tongol,
G.R. No. 157610, October 19, 2007).
Final judgment denying a petition for nullity on the
ground of psychological incapacity bars a subsequent
petition for declaration of nullity on the ground of lack
of marriage license. There is res judicata (Mallion vs.
Alcantara, G.R. No. 141528, October 31, 2006).
In petitions for the declaration of nullity of marriage,
the burden of proof to show the nullity of marriage lies
with the plaintiff. Unless the evidence presented
clearly reveals a situation where the parties, or one of
them, could not have validly entered into a marriage
by reason of a grave and serious psychological illness
existing at the time it was celebrated, we are
compelled to uphold the indissolubility of the marital tie
(Republic v. Galang, G.R. No. 168335, June 6, 2011).
III. INCESTUOUS MARRIAGES, WHETHER THE
RELATIONSHIP IS LEGITIMATE OR ILLEGITIMATE,
BETWEEN (Art. 37):
1. Ascendants & Descendants of any degree;
2. Brothers & Sisters whether full or half blood
IV. THOSE CONTRARY TO PUBLIC POLICY
CONTRACTED BETWEEN (Art. 38): (CS-PASS-AKA)
1. Collateral blood relatives whether legitimate or
illegitimate up to the 4th civil degree
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 PERSONS & FAMILY RELATIONS
2. Step–parents & step children
3. Parents–in–law & children–in–law
4. The adopting parent & the adopted child
5. The surviving spouse of the adopting parent & the
adopted child
6. The surviving spouse of the adopted child & the
adopter
7. Adopted child & a legitimate child of the adopter
8. Parties where one, with the intention to marry the
other, killed the latter’s spouse, or his/her spouse.
9. Adopted children of the same adopter
Note: There is no need for conviction in a criminal
case of the guilty party. The fact of killing committed
by one of the parties to the marriage can be proved
in a civil case.
The following can now marry each other: (LSG-AC ) 2
1. Brother–in–law and sister–in–law
2. Stepbrother and stepsister
3. Guardian and ward
4. Adopted and illegitimate child, parents and relatives
by consanguinity or affinity of the adopter;
5. Parties who have been convicted of adultery or
concubinage
6. Collateral relatives by the half blood.
Determination if two persons are relatives up to the 4 th
civil degree:
1. Consider the nearest and immediate common
ascendant
2. Count the number of relatives from one of them to
the common ascendant and from the common
ascendant to the other one.
Relationship by consanguinity is in itself not capable of
dissolution. Hence, the mere fact that a common
ascendant, a grandfather for example, died does not
sever the blood relationship of first cousins.
Two views on termination of marriage on the “affinity
prohibition”
a. Relationship by affinity terminates with the
termination of the marriage whether there are
children or not in the marriage.
b. Relationship by affinity is dissolved if one of the
spouses dies and the spouses have no living issues
or children; it does not cease if there are living
issues or children of the marriage ‘in whose veins
the blood of the parties are commingled, since the
relationship of affinity was continued through the
medium of the issue of marriage (Sta. Maria, M.,
Persons and Family Relations, 2010, p. 251-253).
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CIVIL LAW
V. VOID SUBSEQUENT MARRIAGES
1. Without judicial declaration of nullity of previous void
marriage (Art. 40)
2. Without judicial declaration of presumptive death of
absent spouse (Art. 41)
No judicial proceeding to annul a subsequent marriage
contracted under Art. 41 is necessary. Also, the
termination of the subsequent marriage by affidavit
provided for in Art. 42 does not preclude the filing of
an action in court to prove the reappearance of the
absentee and obtain a declaration of dissolution or
termination of the subsequent marriage (SSS vs. Vda.
De Ballon, G.R. No. 166645, March 24, 2006).
3. Where the absent spouse was presumed dead, and
both the present spouse and would–be spouse were
in bad faith in contracting marriage (Art. 44)
4. Failure to comply with Art. 52 requiring the partition
and distribution of properties and delivery of
children’s presumptive legitimes which should be
recorded in the appropriate civil registry and registry
of property after obtaining judgment for declaration
of nullity or annulment (Art. 53)
Note: Failure to record in the civil registry and registry
of property the judgment of annulment or of absolute
nullity of the marriage, partition and distribution of the
property of the spouses and the delivery of the
children’s presumptive legitimes shall not affect third
persons (Arts. 52–53).
VOID AND VOIDABLE MARRIAGE
DISTINGUISHED
Void Voidable
Decree of nullity Decree of annulment
Incapable of Ratified by free
ratification cohabitation
Can be attacked Can be attacked directly
directly or collaterally only
Can still be impugned Can no longer be
even after death of impugned after death of
parties one of the parties
Co–ownership of Generally Conjugal
properties through joint Partnership or Absolute
actual contributions Community
Always void Valid until annulled
Action for declaration
of nullity does not Action prescribes
prescribe
See Comparative Chart on Effects of Declaration of
Nullity, Annulment and Termination of Marriage in Art.
41 and Legal Separation.
 CIVIL LAW
V OIDABLE M ARRIAGES
(A RT .45)
Unlike void marriages which is invalid from the
beginning, voidable marriages are considered valid
until annulled.
The grounds for annulment of marriage are exclusive
(Sta. Maria, M., Persons and Family Relations, 2010,
p. 291).
Grounds: (AUF-VPS) must exist AT THE TIME of
marriage
1. Absence of consent to contract marriage from the
parents, guardian or person exercising substitute
parental authority (in that order) over one or both of
the parties, where one or both of the parties is over
18 but below 21
2. Unsound mind of either party
The true test is whether the party concerned could
intelligently consent; that is, that he knew what
contract he was entering into (Hoadley v. Hoadley,
244 N.Y. 424).
Intoxication which results in lack of mental capacity
to give consent is equivalent to unsoundness of
mind (McKnee v. McKnee, 49 Nev. 90).
So is somnambulism at the time of wedding (15
Sanchez Roman 528).
3. Consent of either party obtained by fraudulent
means as enumerated in Art. 46: (NPSD)
a. Non–disclosure of a previous conviction by final
judgment of the other party of a crime involving
moral turpitude;
b. Concealment by the wife of the fact that at the
time of the marriage, she was pregnant by a man
other than her husband;
Must have been done in bad faith. If the woman
did not expressly inform the man of her
pregnancy but such physical condition was readily
apparent to the man, he cannot claim lack of
knowledge thereof (Buccat vs. Buccat, G.R. No.
47101, April 25, 1941).
c. Concealment of a sexually transmissible disease,
regardless of its nature, existing at the time of the
PERSONS & FAMILY RELATIONS
marriage; and
Nature or gravity of disease is irrelevant; it is
enough that there was concealment at the time of
the ceremony.
d. Concealment of drug addiction, habitual
alcoholism, homosexuality or lesbianism existing
at the time of the marriage
Note: There is fraud when, through insidious
words or machinations of one of the contracting
parties, the other is induced to enter into a
contract which, without them, he would not have
agreed to (Art. 1338, NCC).
The enumeration in Article 46 is exclusive. Hence,
misrepresentation as to character, health, rank,
fortune or chastity is NOT a ground for annulment
(Anaya vs. Palaroan, GR. No. L–27930,
November 26, 1970)
4. Vitiated consent of either party through force,
intimidation or undue influence
Criminal liability attaches to anyone who uses
violence, intimidation and fraud in contracting a
marriage (Art. 350 RPC)
Violence
When in order to wrest consent, serious or
irresistible force is employed (Art. 1335 par. 1,
NCC).
Intimidation
When one of the contracting parties is compelled by
a reasonable and well-grounded fear of an imminent
and grave evil upon his person or property, or upon
the person or property of his spouse, descendants
or ascendants, to give his consent (Art. 1335 par. 2,
NCC)
Factors to consider in violence and intimidation: the
age, sex and condition of the person. A threat to
enforce one’s claim through competent authority, if
the claim is just or legal, does not vitiate consent
(Art. 1335 par. 3 and 4, NCC)
Undue influence
It is when a person takes improper advantage of
another, depriving the latter of reasonable freedom
of choice.
Factors to consider: the confidential, family, spiritual
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and other relations between the parties or the fact to be serious and appears to be incurable.
that the person alleged to have been unduly Elements: (ESSA)
influenced was suffering from mental weakness or a. Existing at the time of marriage
was ignorant or in financial distress (Art 1337, b. Sexually transmissible disease
NCC). c. It is serious; and
d. Appears incurable
5. Physical incapability of either party to consummate ACTION FOR ANNULMENT OF VOIDABLE
the marriage with the other, and such incapacity MARRIAGES (Art. 47)
continues and appears to be incurable (impotency) Persons Prescrip-
Grounds Ratifi-
Who May tive
(F2I2NS) cation
Impotency being an abnormal condition should not Sue Period
be presumed. The presumption is in favor of Free
potency (Jimenez vs. Cañizares G.R. No. L-12790 Within 5 cohabita-
August 31, 1960). years tion after
Force, Injured
from the disap-
Article 45(5) of the Family Code refers to lack of intimida- party
time the pearance
power to copulate. Incapacity to consummate tion, or
force, of force,
denotes the permanent inability on the part of the undue
intimida- intimida-
spouses to perform the complete act of sexual influence
tion, or tion /
intercourse. Non-consummation of a marriage may undue undue
be on the part of the husband or of the wife and may influence influence
be caused by a physical or structural defect in the ceased respect-
anatomy of one of the parties or it may be due to tively
chronic illness and inhibitions or fears arising in Free
whole or in part from psychophysical conditions. It cohabita-
may be caused by psychogenic causes, where such tion even
mental block or disturbance has the result of making Within 5
with full
the spouse physically incapable of performing the years
Injured know-
marriage act (Alcazar vs. Alcazar G.R. No.174451 Fraud from the
party ledge of
October 13, 2009). discovery
facts
of fraud
constitu-
Requisites for annulment due to impotence: ting the
(CUPIN) fraud
a. It exists at the time of the celebration of the Within 5 No
marriage; Incapabi- years ratification
b. It is unknown to the other spouse; lity to Injured after the since
c. It is permanent; consum- party celebratio defect is
d. It is incurable; and mate n of the permanen
e. The other spouse must not also be impotent. marriage t
Insanity Sane Anytime
Doctrine of triennial cohabitation spouse before the Free
Presumption that the husband is impotent should who has death of cohabita-
the wife still remain a virgin for at least 3 years from no know- either tion after
time spouses started cohabiting (Tompkins vs. ledge of party insane
Tompkins, 92 NJ 113 as cited Sta. Maria, p. 307- the regains
308; Paras, p. 450-451). insanity sanity

Refusal on the part of a Filipino girl to submit to a Relative Anytime Free

physical examination to determine impotency does guardian before the cohabita-
NOT raise the presumption of impotency because of or death of tion after
the natural modesty of our native girls. ( Jimenez v. persons either insane
Canizares, L-12790, August 31, 1960) having party regains
legal sanity
6. Sexually transmissible disease of either party found charge of

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 CIVIL LAW PERSONS & FAMILY RELATIONS

Persons Prescrip- attorney to assure lack of collusion between the

Grounds Ratifi-
Who May tive contending parties is not fatal to the validity of the
(F2I2NS) cation
Sue Period proceedings in the trial court (Tuason vs. CA, G.R. No.
the 116607, April 10, 1996).
insane
During Pendency of action for annulment
lucid During the pendency of the action and in the absence
Insane interval or of adequate provisions in a written agreement
spouse after between the spouses, the court shall:
regaining 1. Provide for the support of the spouses and the
sanity custody and support of common children
Parent/ Anytime 2. Give paramount consideration to the moral and
legal before the material welfare of the said children and their choice
guardian “no of the parent with whom they wish to remain.
having consent” 3. Provide for appropriate visitation rights. (Art. 49, FC)
charge of party Free
the “no– reaches cohabita- Visitation rights flow from the natural right of both
Non– parents to each other’s company. There being no such
consent” 21 tion after
consent parent– child relationship between them, Gerardo has
party reaching
Within 5 age of 21 no demandable right to visit the child of Mario with
“No years Theresa (Concepcion vs. CA GR. No. 12345, August
consent” after 31, 2005).
party reaching
21 Decision on the nullification of the marriage
Within 5 No No judgment shall be based upon stipulation of facts
years ratifica- or confession of judgment (Art. 48 par. 2).
Injured after the tion since
STD Stipulation of facts
party celebratio defect is
n of the perma- An admission by both parties made in court agreeing
marriage nent. to the existence of the act constituting the ground for
annulment or for the declaration of nullity.
Note: Whichever comes first may convalidate the
marriage: cohabitation OR prescription. Confession of judgment
The admission made in court by the respondent
Additional requirements for annulment or declaration admitting fault as invoked by the plaintiff to sever the
of nullity (Art. 48 par. 1; Supreme Court En Banc marriage ties (Sta. Maria, M., Persons and Family
Resolution A.M. 02-11-10-SC) Relations, 2010, p. 319).
Prosecuting attorney or fiscal should:
1. Appear on behalf of the state If the defendant spouse fails to answer the complaint,
2. Take steps to prevent collusion between the parties the court CANNOT declare him or her in default;
3. Take care that evidence is not fabricated or instead, it should order the public prosecutor to
suppressed (Sec.9) determine if collusion exists between the parties
(Section 6, Rule 18 of the Revised Rules of Court;
There will be collusion only if the parties had arranged Sec. 13 (b); Supreme Court En Banc Resolution A.M.
to make it appear that a ground existed or had been 02-11-10-SC).
committed although it was not, or if the parties had
connived to bring about a matrimonial case even in If aside from a stipulation of facts or a confession of
the absence of grounds therefor (Ocampo vs. judgment, sufficient evidence was presented, the court
Florenciano, G.R. No. L–13553, February 23, 1960). may render a judgment annulling the marriage
(Ocampo v. Florenciano, GR. No. L–13553, February
However, petitioner’s vehement opposition to the 23, 1960).
annulment proceedings negates the conclusion that
collusion existed between the parties. Under these Note: The rule also applies to Legal Separation
circumstances, the non–intervention of a prosecuting

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 PERSONS & FAMILY RELATIONS
After court grants petition, it shall issue the decree of
absolute nullity or annulment only after compliance
with the following:
1. Must proceed with the liquidation, partition, and
distribution of the properties of the spouses
including custody and support of the common
children unless such matters had been adjudicated
in previous judicial proceedings.
2. Delivery of the children’s presumptive legitimes in
cash, property or sound securities unless otherwise
mutually agreed upon and judicially approved.
Delivery shall in no way prejudice the ultimate
successional rights of the children accruing upon
the death of either or both parents
The value of the properties received shall be
considered as advances.
3. Registration of the entry of judgment granting
petition for declaration of absolute nullity or
annulment in the Civil Registry where the marriage
was celebrated and in the Civil Registry of the place
where the FC was located.
4. Registration of approved partition and distribution of
properties of the spouses in the proper Registry of
Deeds where the real properties are located.
Note: The rule applies to Legal Separation.
Effects of nullity
1. Either of the former spouses may marry again after
complying with the requirements of Art. 52 (Art. 53).
2. On Children (Art. 54)
a. Those conceived or born before the judgment or
annulment or absolute nullity of the marriage
under Art. 36 has become final and executory,
shall be considered legitimate.
b. Those conceived or born of the subsequent
marriage under Art. 53 shall likewise be
legitimate.
In both instances under Articles 40 and 45, the
marriages are governed either by absolute community
of property or conjugal partnership of gains unless the
parties agree to a complete separation of property in a
marriage settlement entered into before the marriage.
Since the property relations of the parties is governed
by absolute community of property or conjugal
partnership of gains, there is a need to liquidate,
partition and distribute the properties (Dino v. Dino,
G.R. No. 178044, January 19, 2011).
L EGAL S EPARATION
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CIVIL LAW
A decree of legal separation or relative divorce does
not affect the marital status, there being no severance
of the vinculum (Laperal v. Republic G.R. No. L-18008
October 30, 1962).
A legal separation involves nothing more than bed-
and-board separation of the spouses (Lapuz v.
Eufemio G.R. No. L-30977 January 31, 1972).
EXCLUSIVE GROUNDS FOR LEGAL SEPARATION:
(Art. 56) (PAA-ID-LAMBS)
1. Repeated physical violence or grossly abusive
conduct directed against the petitioner, a common
child, or a child of the petitioner
2. Attempt of the 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
Refers to prostitution only and irrespective of the
age of the child (Sta. Maria, M., Persons and Family
Relations, 2010, p. 356)
The law does not give a cause of action to the
petitioner to file a case for legal separation on the
ground that the respondent-spouse committed the
ground provided in Art. 55(3) upon his or her own
child with another person. However, such act may
be a cause to suspend or terminate, depending on
the severity, the parental authority of the respondent
over his own child pursuant to Art. 231 (2) and (4) of
he Family Code (Sta. Maria, M., Persons and
Family Relations, 2010, p. 357).
3. Attempt by the respondent against the life of the
petitioner
The attempt on the life of the spouse must proceed
from an evil design and not from any justifiable
cause like self-defense or from the fact that the
spouse caught the other in flagrante delicto having
carnal knowledge with another man or woman (Sta.
Maria, M., Persons and Family Relations, 2010, p.
359-360).
4. Final judgment sentencing the respondent to
imprisonment of more than 6 years even if pardoned
5. Drug addiction or habitual alcoholism of the
respondent
6. Lesbianism or homosexuality of the respondent
7. Abandonment of the petitioner by the respondent
 CIVIL LAW
without justifiable cause for more than 1 year
There must be absolute cessation of marital
relations, duties, and rights, with the intention of
perpetual separation (Partosa-Jo vs. CA, G.R. No.
82606, December 18, 1992). Abandonment implies
total renunciation of duties.
8. Physical violence or moral pressure to compel
petitioner to change religious or political affiliation
9. Contracting by respondent of a subsequent
bigamous marriage; and
10. Sexual infidelity or perversion.
Sexual perversion includes engaging in such
behavior not only with third persons but also with
the spouse (Sta. Maria, M., Persons and Family
Relations, 2010, p. 359).
Note: Mere preponderance of evidence will suffice to
prove the existence of these grounds EXCEPT the 4th
ground.
RA 9262 Anti-Violence Against Women and Children
(March 8, 2004)
Acts of Violence:
1. Causing physical harm to the woman or her child;
2. Threatening to cause the woman or her child
physical harm;
3. Attempting to cause the woman or her child physical
harm;
4. Placing the woman or her child in fear of imminent
physical harm;
5. Attempting to compel or compelling the woman or
her child to engage in conduct which the woman or
her child has the right to desist from or desist from
conduct which the woman or her child has the right
to engage in, or attempting to restrict or restricting
the woman's or her child's freedom of movement or
conduct by force or threat of force, physical or other
harm or threat of physical or other harm, or
intimidation directed against the woman or child.
This shall include, but not limited to, the following
acts committed with the purpose or effect of
controlling or restricting the woman's or her child's
movement or conduct:
a. Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;
b. Depriving or threatening to deprive the woman or
her children of financial support legally due her or
her family, or deliberately providing the woman's
children insufficient financial support;
c. Depriving or threatening to deprive the woman or
her child of a legal right;
PERSONS & FAMILY RELATIONS
d. Preventing the woman in engaging in any
legitimate profession, occupation, business or
activity or controlling the victim's own money or
properties, or solely controlling the conjugal or
common money, or properties;
6. Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;
7. Causing or attempting to cause the woman or her
child to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical
harm, or through intimidation directed against the
woman or her child or her/his immediate family;
8. Engaging in purposeful, knowing, or reckless
conduct, personally or through another that alarms
or causes substantial emotional or psychological
distress to the woman or her child. This shall
include, but not be limited to, the following acts:
a. Stalking or following the woman or her child in
public or private places;
b. Peering in the window or lingering outside the
residence of the woman or her child;
c. Entering or remaining in the dwelling or on the
property of the woman or her child against her/his
will;
d. Destroying the property and personal belongings
or inflicting harm to animals or pets of the woman
or her child; and
e. Engaging in any form of harassment or violence;
9. Causing mental or emotional anguish, public ridicule
or humiliation to the woman or her child, including,
but not limited to, repeated verbal and emotional
abuse, and denial of financial support or custody of
minor children of access to the woman's
child/children (Sec. 5, RA 9262).
In cases of legal separation, where violence as
specified in RA 9262 is alleged, Article 58 of the
Family Code on the 6 months cooling-off period
shall NOT apply. The court shall proceed on the
main case and other incidents of the case as soon
as possible. The hearing on any application for a
protection order filed by the petitioner must be
conducted within the mandatory period specified
(Sec. 19, RA 9262).
The woman victim of violence shall be entitled to the
custody and support of her child/children. Children
below seven (7) years old older but with mental or
physical disabilities shall automatically be given to
the mother, with right to support, unless the court
finds compelling reasons to order otherwise. A
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 PERSONS & FAMILY RELATIONS
victim who is suffering from battered woman
syndrome shall not be disqualified from having
custody of her children. In no case shall custody of
minor children be given to the perpetrator of a
woman who is suffering from battered woman
syndrome (Sec. 28, RA 9262).
GROUNDS FOR DENIAL OF PETITION (Art. 56):
(C4–MP–DR)
1. Condonation of the offense or act complained of.
Condonation
It is the act of forgiving the offense after its
commission (Sta. Maria, M., Persons and Family
Relations, 2010, p. 362).
Failure of the husband to look for his adulterous wife
is NOT condonation to wife's adultery (Ocampo v.
Florenciano, G.R. No. L–13553, February 23, 1960).
The act of the husband in having sexual intercourse
with his wife in spite of his knowledge of the latter’s
infidelity is an act of implied condonation. A single
voluntary act of sexual intercourse by the innocent
spouse after discovery of the offense is ordinarily
sufficient to constitute condonation (Bugayong vs.
Ginez, G.R. No. L-10033, December 28, 1956).
2. Consent to commission of offense or act
complained of
Consent is prior to the act; condonation comes after
(People v. Schneckenburger, 73 Phil 413).
There is consent when either of the spouses agreed
to or did not object, despite full knowledge, to the
act giving rise to a ground for legal separation,
before such act was in fact committed (Sta. Maria,
M., Persons and Family Relations, 2010, p.
363).
3. Connivance between parties of commission of
offense or act constituting ground
Connivance or procurement
Denotes direction, influence, personal exertion, or
other action with knowledge and belief that such
action would produce certain results and which
results are produced (Cohen, Divorce and Alimony
in North Carolina, 59, IV, p. 98 as cited Sta. Maria,
p. 364).
4. Collusion between parties
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Collusion
It is a corrupt agreement between the spouses by
making it appear that the marriage is defective
due to the existence of any of the grounds and
agreeing to represent such false or non-existent
cause of action before the proper court to procure
divorce or legal separation (Sta. Maria, M.,
Persons and Family Relations, 2010, p. 317).
5. Mutual guilt or where both parties have given
ground for legal separation
6. Prescription
An action for legal separation shall be filed within 5
years from time of occurrence of the cause (Art. 57)
7. Death of either party during the pendency of the
case (Lapuz–Sy vs. Eufemio, G.R. No. 113842,
August 3, 1994)
8. Reconciliation of the spouses during the pendency
of the case
By filing in the same proceeding a joint
manifestation under oath, duly signed by the
spouses (Art. 65)
Cooling–off period
6-month period from the filing of the petition designed
to give the parties enough time to further contemplate
their positions with the end in view of attaining
reconciliation between them. No action for Legal
Separation shall be tried during such period (Art. 58).
It is a mandatory requirement and its non-compliance
makes the decision infirm (Pacete vs. Carriaga, G.R.
No. 53880, March 17, 1994).
The cooling-off period does not mean the overruling of
provisions as custody, alimony, and support pendente
lite.
A writ of preliminary mandatory injunction for the
return of the wife’s paraphernal property can in the
meantime be heard and granted during the 6-month
period (Somosa-Ramos v. Vamenta, G.R. No. L-
34132 July 29, 1972).
Effects of filing petition: (Art. 61)
1. The spouses shall be entitled to live separately from
each other
2. In the absence of an agreement between the
parties, the court shall designate the husband, the
 CIVIL LAW
wife, or a third person to manage the absolute
community or conjugal partnership property (Art. 61)
3. The husband shall have no more right to have
sexual intercourse with his wife.
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. (Art. 59)
Note: The wife who has been granted legal separation
cannot petition to be allowed to revert to her maiden
name (Art. 372, NCC).
Even if the parents are separated de facto, still in the
absence of judicial grant of custody to one parent,
both parents are entitled to the custody of their child.
The remedy of habeas corpus may be resorted to by
the parent who has been deprived of the rightful
custody of the child (Salientes v. Abanilla, G.R. No.
162734, August 29, 2006). A decree of legal
separation, on the ground of concubinage, may issue
upon proof of preponderance of evidence in the action
for legal separation. No criminal proceedings or
conviction is necessary.
RECONCILIATION OF LEGALLY SEPARATED
SPOUSES
If the spouses should reconcile, the corresponding
joint manifestation under oath duly signed by them
PERSONS & FAMILY RELATIONS
shall be filed with the court in the same proceeding for
legal separation (Art. 65).
Effects of reconciliation of the spouses (Art. 66)
1. The legal separation proceedings, if still pending,
shall thereby be terminated at whatever stage.
2. The final decree of legal separation shall be set
aside, but the separation of property and any
forfeiture of share of the guilty spouse already
effected shall subsist, unless the spouses agree to
revive their former property regime.
Revival of property regime (Art. 67)
Agreement of revival and motion for its approval shall
be filed in court in the same proceeding for legal
separation and shall be executed under oath and shall
specify:
1. Properties to be contributed anew to restored
regime;
2. Those to be retained as separated properties of
each spouse;
3. Names of all known creditors, addresses, and
amounts owing to each.
After due hearing, court shall take measures to protect
interest of creditors and such order shall be recorded
in the proper registries of properties but the same shall
not prejudice creditors not listed or notified, unless
debtor-spouse has sufficient separate properties to
satisfy creditor’s claim.
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EFFECTS OF THE PETITION FOR DECLARATION OF PRESUMPTIVE DEATH, NULLITY OF MARRIAGE, ANNULMENT
AND LEGAL SEPARATION

Termination Declaration of Nullity Annulment Legal Separation

(Art.41) (Art. 40) (Art. 45) (Art. 55)
Rendering judgment on the petition
No motion to dismiss shall be allowed except if the ground is lack of jurisdiction.

Summary proceeding;
judgment may be
rendered based on
affidavits, documentary
evidence or oral
testimonies at the
sound discretion of the
court (Art. 246)
The grounds alleged must be proved. No judgment on the pleadings, summary judgment
or confession of judgment shall be allowed.
Notes:
Stipulation of facts- an admission by both parties made in court agreeing to the existence
of the act constituting the ground for annulment or for the declaration of nullity.
Confession of judgment- the admission made in court by the respondent admitting fault as
invoked by the plaintiff to sever the marriage ties (Sta. Maria, M., Persons and Family
Relations, 2010, p. 319).
In legal separation cases, no decree shall be issued unless the Court has take steps
toward reconciliation of the spouses and is fully satisfied, despite such efforts, that
reconciliation is highly improbable (Art. 59).

Procedural requirements after judgment, before issuance of decree

1. Liquidation, partition, delivery of properties, including custody and support of common
children unless such matters had been adjudicated in previous judicial proceedings
2. Delivery of children’s presumptive legitimes
3. Registration of the entry of judgment granting the petition in the Civil Registry where the
marriage was celebrated AND in the Civil Registry of the place where the family court is
located
4. Registration of approved partition and distribution of properties in the Registry of Deeds
where the real properties are located
Marital Status

EXECUTIVE COMMITTEE SUBJECT COMMITTEE MEMBERS

IAN MICHEL GEONANGA overall
chairperson, JOSE ANGELO DAVID
chairperson for academics, RUTH
ABIGAIL ACERO chairperson for hotel
operations, ALBERTO RECALDE, JR.
vice-chairperson for operations, MARIA
CARMELA HAUTEA vice-chairperson
for secretariat, MARK EMMANUEL
ABILO vice-chairperson for finance,
RYAN LIGGAYU vice-chairperson for
electronic data processing, JOMARC
PHILIP DIMAPILIS vice-chairperson
for logistics
JHOY PALLONES subject chair, MICAELA
KRISTINA GALVEZ assistant subject chair, PIA
ISABEL CO edp, FRANCIA ROMLINA
RODRIGUEZ persons and family relations,
JENNETH CAE CAINDAY property, IRENE
ALCOBILLA wills and succession, JOSE
AMELITO BELARMINO II and ROWNEYLIN
SIA obligations and contracts, SAMANTHA
GRACE MANALO sales and lease, LAUREN
GAIL DIVINO partnership, agency and trusts,
MABEL BUTED credit transactions, JULIUS
CEASAR BALBUENA torts and damages,
KATHLEEN VALERIO land titles and deeds,
ILLAC BOHOL conflict of laws
Phoebe Alhambra, Diana Bartolome,
Jesus Paolo Borlagdan, Darniel
Bustamante, Jamela Jane Caringal, Ma.
Criselda Correa, Reynaldo Dalisay,
Kristine Lara Defensor, Carel Brendth
Dela Cruz, Regine Estillore, Anne
Clarisse Guzman, Aziel Guzman,
Martin Michael Hatol, Maria Emma
Gille Mercado, Richmond
Montevirgen, Astrid Ong, Ruth Ann
Ong, Rodel James Pulma, Dan Bernard
Sabilala, Jeth Lester Tan, Maria Anne
Cyra Uy
 CIVIL LAW PERSONS & FAMILY RELATIONS

Termination Declaration of Nullity Annulment Legal Separation

(Art.41) (Art. 40) (Art. 45) (Art. 55)
Subsequent marriage Previous marriage, void ab Valid until annulled or No dissolution of marriage, only
automatically initio terminated separation of bed-and-board;
terminated by affidavit entitled to live separately
of reappearance
Status of Children Born/Conceived Before Termination
Legitimate Illegitimate except those as Legitimate Legitimate
provided in Art. 36 and 53
Custody of Children
Custody in case of During pendency:
dispute shall be 1. Written agreement
decided by the court in 2. Absence thereof, court decides based on best interest of child and may award it in the
separate proceedings following order of preference:
for custody but same a. Both parents jointly
considerations as in b. Either parent, may consider choice of child over 7 years unless parent chosen is unfit
Declaration of Nullity c. Surviving grandparent, if several then choice of child over 7 years unless
grandparent chosen is unfit/disqualified
d. Eldest brother/sister over 21unless unfit/ disqualified
e. Any other person deemed suitable by court

After decree:
To the innocent spouse but no child under 7 shall be separated from the mother unless there
are compelling reasons
Child Support
Support in case of During pendency:
dispute shall be 1. Written agreement
decided by the court in 2. In the absence thereof, from properties of the absolute community of property (ACP) or
separate proceedings conjugal partnership (CP)
for custody but same
considerations as in After Decree:
Declaration of Nullity Either parent/ both may be ordered by court to give an amount necessary for support in
proportion to resources/means of giver and necessities of recipient
Spousal Support
During pendency:
1. Written agreement
2. In the absence thereof, from properties of the ACP or CP, considered as advance to be
deducted from share during liquidation
3. Restitution if after final judgment court finds that person providing support pendente lite is
not liable therefor (Sec. 7, Rule 61, ROC)
Property Relations
1. ACP or CP shall be dissolved and liquidated 1. ACP or CP shall be
2. If either spouse contracted marriage in bad faith, he or she has no right to any dissolved and liquidated.
share of net profits earned by ACP or CP 2. Offending spouse has no
3. Net profits shall be forfeited in favor of common children, or if none, children of right to any share of net
guilty spouse by previous marriage, or in default thereof, the innocent spouse profits earned by ACP or CP
4. In all other cases of void marriage, Art. 147 and 148 applies (Valdes vs. RTC) 3. Net profits shall be forfeited
in favor of common children,
In addition, for marriages under Art. 40 and 45: or if none, children of guilty
1. All creditors of spouses and of the ACP or CP shall be notified of the spouse by previous
proceedings for liquidation marriage, or in default
2. Conjugal dwelling and lot on which it is situated shall be adjudicated pursuant to thereof, the innocent
Art. 102 and 129 spouse.

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Termination Declaration of Nullity Annulment Legal Separation

(Art.41) (Art. 40) (Art. 45) (Art. 55)
Presumptive Legitime
1. Delivery of presumptive legitime of all common
children computed as of date of final judgment without
prejudice to ultimate successional rights of children
accruing upon death of either or both parents
2. Shall be considered as advances on common
children’s legitime (Art. 51)
Donation Propter Nuptias
1. Shall remain valid, 1. Shall remain valid, unless 1. Shall remain valid, 1. Donor is given option to
unless donee donee contracted unless donee revoke; if donor decides to
contracted marriage in bad faith, in contracted marriage revoke, must do so within 5
marriage in bad which case, donation is in bad faith, in which years from finality of decree
faith, in which revoked by operation of case, donation is 2. But if ground for legal
case, donation is law. revoked by separation is sexual
revoked by 2. If both spouses of operation of law infidelity (adultery or
operation of law. subsequent marriage (Art. 43(3)). concubinage), donation
2. If both spouses of acted in bad faith, 2. No conflict between persons guilty
subsequent donations propter nuptias 3. with Art. 86(2) as thereof at time of donation is
marriage acted in made by one in favor of such does not void (Art. 739[1]NCC)
bad faith, the other are revoked by require that
donations propter operation of law (Art. 44) marriage be
nuptias made by 3. If both spouses in good annulled first before
one in favor of the faith, donor after finality of donor may revoke
other are revoked decree may revoke donation – donor
by operation of law pursuant to Art. 86(1) has 5 years from
4. If marriage not time he had
celebrated: knowledge of lack of
a. Those stipulated in consent; cannot
marriage settlement revoke if there was
are void (Art. 81) knowledge before
b. Those excluded from the marriage
marriage settlement 4. Conflict with Art.
or if no such contract, 86(3) but Art. 43(3)
may be revoked by prevails – more in
donor (Art. 86[])) harmony with
general
purpose/intent of act
(Ibid.)
Insurance Policy
Innocent spouse may revoke designation of spouse in bad faith as beneficiary even if Innocent spouse may revoke
stipulated as irrevocable (Art. 43(4)) donations made by him or her in
favor of offending spouse as
well as designation of latter as
beneficiary even if stipulated as
irrevocable (Art. 64). Action to
revoke donation must be
brought within 5 years from
finality of decree.
Succession

28 SAN BEDA COLLEGE OF LAW

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 CIVIL LAW PERSONS & FAMILY RELATIONS

Termination Declaration of Nullity Annulment Legal Separation

(Art.41) (Art. 40) (Art. 45) (Art. 55)
1. Spouse in bad faith disqualified to inherit from innocent spouse by testate or 1. Offending spouse
intestate succession disqualified from inheriting
2. If both spouses of subsequent marriage acted in bad faith, testamentary from innocent spouse by
dispositions made by one in favor of the other are revoked by operation of law intestate succession
(Art. 44) 2. Provisions in favor of
offending spouse made in
the will of innocent spouse
are revoked by operation of
law (Art. 63(4))

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 PERSONS & FAMILY RELATIONS
R IGHTS
AND O BLIGATIONS
BETWEEN THE H USBAND AND
THE W IFE (LORF-JM)
1. Live together
Act of living together is a voluntary act of the spouses
which cannot be compelled by any proceeding in court.
Only the moral obligation of the spouses constitutes the
motivating factor for making them observe the said
duties and obligations which are highly personal
(Ramirez-Cuaderno v Cuaderno, 12 SCRA 505).
If the wife refuses unjustifiably to live with her husband,
the court will admonish but not order her return; and
even if an order is made, contempt proceeding against
the wife will not prosper. The only remedy here for the
husband is to refuse to grant support (Mariano B.
Arroyo v. Dolores C. Vasquez de Arroyo, 42 Phil. 54).
2. Observe mutual love, respect and fidelity
3. Render mutual help & support
4. Fix the family domicile
a. Both husband and wife shall fix the family domicile. In
case of disagreement, the court shall decide.
b. The court may exempt one spouse from living with
the other if the latter should live abroad or there are
other valid and compelling reasons for the exemption.
However, such exemption shall not apply if the same
is not compatible with the solidarity of the family (Art
69).
5. Joint responsibility for the support of the family
a. Expenses shall be paid from the community property
b. In the absence thereof, from income or fruits of their
separate properties
c. In the absence or insufficiency thereof, from their
separate properties (Art. 70)
6. Joint management of the household
Expenses for such management shall be paid in
accordance with Art. 70
Effect of neglect of duty
When one of the spouses neglects his or her duties to the
conjugal union or commits acts which tend to bring
danger, dishonor or injury to the other or to the family, the
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CIVIL LAW
aggrieved party may apply to the court for relief. (Art 72.)
The relief may take on many forms: filing a case for legal
separation if there are grounds for the same; filing an
action for declaration of nullity based on Art 36 if the
neglect is such that it does not create a functional marital
life; petitioning the court for receivership, for judicial
separation of property, or for authority to be the sole
administrator of community property or conjugal
partnership.(Sta Maria, Melencio Jr. S., Persons and
Family Relations Law,page 408 ex., 3-4 [2010])
EXERCISE OF PROFESSION
General Rule: Both can engage in any lawful enterprise or
profession WITHOUT the consent of the other.
Exception: The other spouse may object only on valid,
serious and moral grounds.
In case of disagreement, court shall decide whether (1)
the objection is proper; and (2) the benefit accrued to the
family prior to the objection or thereafter [Art. 73 (2)].
If a husband compels the wife to desist from pursuing a
profession or any other conduct which the wife has the
right to engage in, this can be considered acts of violence
against women under RA 9262 (Sta. Maria, M., Persons
and Family Relations, 2010, M. p. 409 )
RULE IF BUSINESS BENEFITED FAMILY
General rule:
1. Debts and obligations incurred of whatever nature and
regardless of the time they were incurred but
redounding to the benefit of the family shall be
chargeable to the ACP or the CPG.
2. An obligation incurred as a result of a spouse’s exercise
of a legitimate profession is an obligation redounding to
the benefit of the family shall be shouldered by the ACP
or CPG.
Exceptions:
1. Benefit accrued to family before objection to an immoral
or unlawful profession
The resulting obligation shall be enforced against the
separate property of the spouse who has not obtained
consent (Art. 73).
Example: Separate property of erring spouse shall be
liable if profession is seriously invalid and immoral, even
 CIVIL LAW
if benefits actually accrued in favor of the family. For
said exception to apply, the innocent spouse must have
no knowledge of the other spouse’s engagement in an
immoral activity such that he could not have interposed
any objection (Sta. Maria, M., Persons and Family
Relations, 2010, p. 411).
Exception to exception: When spouse has knowledge of
other spouse’s engagement in an immoral activity, it is
as if there was actually no disagreement (Paras, p. 507;
Sta. Maria, M., Persons and Family Relations, 2010, p.
411).
2. Benefit accrued after objection –
After objection by the innocent spouse, any obligation
incurred by the erring spouse that redounded to the
benefit of the family shall be borne by the absolute
community of property or conjugal property.
Ratio: It would be unfair if the spouse, after obtaining
knowledge of the immoral profession, thereafter,
interposed his objection but at the same time made use
of the “immoral money” to benefit the family (Sta. Maria,
M., Persons and Family Relations, 2010, p. 412).
3. Creditors who acted in good faith are protected – if
spouse transacted with creditor without the consent of
the other but creditor had no knowledge thereof, the
absolute community of property (ACP) or conjugal
partnership of gains (CPG) shall be liable.
P ROPERTY R ELATIONS
BETWEEN THE H USBAND AND
THE W IFE
Governed By:
1. Marriage settlements (MS) executed before the
marriage or ante nuptial agreements.
2. Provisions of the Family Code.
3. Local customs when spouses repudiate ACP.
When parties stipulate in their MS that local custom
shall apply or that ACP regime shall not govern but fail
to stipulate what property regime will be applied.
4. In the absence of local custom, rules on co–ownership
will apply (Art. 74).
PERSONS & FAMILY RELATIONS
Commencement
It commences at the precise moment of the celebration of
the marriage. Any stipulations to the contrary shall be
void. (Art. 88 for ACP and 107 for CPG)
Marriage settlement (MS)
It is a contract entered into by the future spouses fixing
the matrimonial property regime that should govern during
the existence of the marriage.
In the absence of MS or when regime agreed upon is
void, ACP shall govern. (Art. 75)
Requisites: (BW-SPF-NA)
1. Made before celebration of marriage
2. In writing (even modifications)
Oral MS is void and cannot be ratified by any claim of
partial execution or absence of objection
Exception: If marriage is terminated by death of one of
spouses and surviving spouse marries again without
initiating settlement of properties of previous marriage
within 1 year from death of deceased spouse, mandatory
regime of complete separation of property shall govern
property relations of subsequent marriage (Arts. 103 &
130)
3. Signed by the parties
4. Will not prejudice third persons unless registered in the
civil registry and proper registries of property (Sta.
Maria, M., Persons and Family Relations, 2010, p. 418-
420)
5. Shall fix terms and conditions of their property relations
6. Must NOT contain provisions contrary to law, good
morals, good customs, public order, and public policy,
or against the dignity of either spouse.
7. Additional signatories/ parties
Civil interdictees & disabled: It is indispensable for the
guardian appointed by court to be made a party to the
MS.
Note: It is argued by some law practitioners and authors
that while no person below 18 can enter into a valid
marriage and since the MS is required to be executed
before the marriage, one below 18 may execute a MS as
long as he or she is 18 or above at the time of marriage.
Efficacy of marriage settlement (Art. 81)
1. The consideration is the marriage itself. If the marriage
does not take place, the MS is generally void.
Exception: Stipulations in the MS that do not depend upon
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the celebration of the marriage shall be valid
2. Property relations shall be governed by Philippine laws,
regardless of the place of the celebration of the
marriage or the parties’ residence (Art. 80).
Exceptions:
1. If both spouses are aliens, even if married in the
Philippines
2. As to extrinsic validity of contracts affecting property:
a. Not situated in the Philippines executed in the
country where the property is located
b. Situated in a foreign country whose laws require
different formalities for extrinsic validity entered into in
the Philippines
3. Contrary stipulation
Modification in marriage settlements
General Rule: Must be made before the marriage, in
writing, signed by parties
Exceptions: Modifications made through judicial decree
during the marriage:
1. In case of revival of former property regime between
reconciling spouses after decree of legal separation has
been issued (Art. 66, 67)
2. When abandoned spouse files petition for judicial
separation of property under Art. 128
3. When a spouse files petition for judicial separation of
property for sufficient cause under Art. 135
4. Petition for voluntary dissolution of property regime
under Art. 136
DONATION BY REASON OF MARRIAGE
Donations propter nuptias (DPN) are made by one spouse
in favor of the other or by a stranger. It is without onerous
consideration, the marriage being merely the occasion or
motive for the donation, not its causa. Being liberalities,
they remain subject to reduction for inofficiousness upon
the donor’s death, should they infringe the legitime of a
forced heir (Mateo vs. Lagua, No. L-26270, October 30,
1969).
Requisites: (Art. 82) (COB)
1. In consideration of marriage
2. In favor of one or both of the future spouses
3. Made before celebration of marriage
Rules in case of donation by the would-be spouses to
each other: (MOAC)
1. There must be a valid MS stipulating a property regime
other than ACP (Art. 84).
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2. Donation in MS not more than one-fifth (1/5) of present
property (Art. 84)
Any excess shall be considered void and the donation
will be reduced to one-fifth.
However, if their property regime is ACP, no reduction
will be made.
Limitation does not apply if DPN is not included in MS
but contained in separate deed; general rules on
donation apply subject to limitation that no person may
give/receive by way of donation more than he may
give/receive by will
3. Accepted by would-be spouse
4. Complies with requisites in Title II of Book II of Civil
Code on Donations.
If one of the requisites is not complied with, it may still be
valid as an ordinary donation.
For donation of present property to be valid, the rules
governing ordinary donations under Title III of Book III of
the Civil Code must be observed.
Please refer to Property on requisites for valid donations.
DPN of future property
DPN of future property is allowed by way of exception to
Art. 751 of NCC (which provides that donations cannot
comprehend future property). It is governed by the law on
testamentary succession both as to intrinsic and extrinsic
validity. However said DPN can only be revoked by the
donor only on the basis of Art. 86 of the FC (Art. 84 par.
2).
DPN of encumbered property
The donation is valid because the donor is still the owner,
even if it is encumbered. If mortgage is foreclosed and
sold at a lesser price, donee is not liable for deficiency but
if sold for more, donee is entitled to excess (Art. 85).
Donations propter nuptias and ordinary donations
Donations Propter
Ordinary Donations
Nuptias
Formalities
Governed by the rules on Governed by rules on
ordinary donations donations (Arts. 725–773,
except that if future NCC)
property is donated, it
must conform with
formalities of wills
Present Property
 CIVIL LAW
May be donated but only No limit except that donor
up to 1/5 of donor’s shall leave property
present property if the enough for his support
spouses agree on a
regime other than
absolute community
Future property
May be included Cannot be included
provided donation is
mortis causa
Grounds for revocation
Art. 86, FC Arts. 760, 764, & 765,
NCC
RULE ON DONATION BETWEEN SPOUSES DURING
MARRIAGE
General rule: VOID, either direct or indirect donation
Rationale:
1. To protect unsecured creditors from being defrauded;
2. To prevent stronger spouse from imposing upon the
weaker one the transfer of the latter’s property to the
former;
3. To prevent indirect modification of the marriage
settlement (Paras, p. 520).
Exceptions:
1. Moderate gifts on occasions of family celebrations
2. Donations mortis causa
Note: This rule also applies to persons living together as
husband and wife without a valid marriage (Art.87).
The prohibition does not include a spouse being the
beneficiary of an insurance contract over the life of the
other spouse. (Gercio vs. Sunlife Assurance Co. of
Canada, G.R. No. 23703, September 28, 1925)
Grounds for revocation (VoCALRI)
1. Marriage not celebrated or declared Void ab initio
except those made in MS that do not depend on
celebration of marriage
If made by a stranger, action for revocation may be
brought under ordinary rules on prescription: if in
writing, brought within 10 years and if oral, within 6
years (Albano, Ed Vincent S., Persons and Family
Relations, 2006).
2. Marriage without parental consent
3. Marriage is annulled and donee is in bad faith
4. Upon legal separation, the donee being the guilty
spouse
5. Complied with resolutory condition
PERSONS & FAMILY RELATIONS
6. Donee commits acts of ingratitude as specified by Art.
765 of NCC (Art. 86).
S YSTEMS OF P ROPERTY
R EGIMES
I. ABSOLUTE COMMUNITY OF PROPERTY (ACP)
The property regime of the spouses in the absence of a
marriage settlement or when the marriage is void. This is
so because it is more in keeping with Filipino culture.
It commences at the precise moment the marriage is
celebrated; any stipulation for the commencement thereof
at any other time is void (Art. 88). The same applies to
CPG (Art. 107).
Provisions on CO-OWNERSHIP apply to ACP in all
matters not provided by the Chapter on ACP (Art. 90).
General Rule: Community property shall consist of all
property owned by the spouses at the time of the marriage
or acquired thereafter (Art. 91).
Exceptions: (BEG)
1. Property, including fruits and income thereof, acquired
before the marriage by either spouse who has
legitimate descendants by a former marriage
2. Property for personal and exclusive use except jewelry
3. Property acquired during the marriage by gratuitous
title, including fruits and income thereof, except when
the donor, testator or grantor expressly provides
otherwise (Art. 92)
Presumption: Property acquired during the marriage is
presumed to belong to the community, unless otherwise
proven (Art. 93).
Note: No waiver of rights allowed during the marriage
except in case of judicial separation of property. The
waiver must be in a public instrument and recorded in the
office of the local civil registrar where the marriage
contract was recorded as well as in the proper registry of
property (Art. 89 and 77). The same applies to CPG (Art.
107).
Rule on games of chance (Art. 95)
Loss: Shall be borne by the loser-spouse and shall not be
charged to the community property
Winnings: Shall form part of the community property (Art.
95)
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Exception: If said ticket was gratuitously given by a friend
to a spouse, only upon express provision of the donor will
it be considered part of the community property.
Note: The same applies to CPG (Art. 123).
II. CONJUGAL PARTNERSHIP OF GAINS (CPG)
It is that formed by a husband and wife whereby they
place in a common fund the proceeds, products, fruits and
income of their separate properties, and those acquired by
either or both spouses through their efforts or by chance,
the same to be divided between them equally (as a
general rule) upon the dissolution of the marriage or the
partnership (Art. 106).
The CPG shall be governed by the rules on the
CONTRACT OF PARTNERSHIP in all that is not in
conflict with what is provided in the chapter on CPG or by
the spouses in their MS (Art. 108).
Before the presumption under Art. 116 applies (that
properties acquired during marriage are presumed
conjugal), there must be proof that the property was
acquired during the marriage. This is a condition sine qua
non for the operation in favor of conjugal ownership
(Metrobank, et al. v. Tan, GR No. 163712, November 30,
2006).
Properties under conjugal partnership (L2C2 FONTI)
1. Obtained from labor, industry, work or profession of
either or both spouses
2. Livestock existing upon dissolution of partnership in
excess of number of each kind brought to the marriage
by either spouse
3. Acquired by chance such as winnings from gambling,
but losses therefrom shall be borne exclusively by loser-
spouse
4. Acquired during the marriage by onerous title with
conjugal funds
Damages for physical injuries inflicted by a third person
are exclusive property (Lilius vs. Manila Railroad Co.
G.R. No. 42551 September 4, 1935)
Damages from illegal detention of exclusive property
pertains to CPG if detention deprived the CP of the use
and earnings thereof (Bismorte vs. Aldecoa, G.R. No. L-
5586, December 10, 1910).
Note: The registration of the property in either party’s
name alone is immaterial if the property was acquired
with conjugal funds (Marigsa v. Macabuntoc, G.R. No.
4883, September 27, 1910).
5. Fruits of the conjugal property during the marriage
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6. Acquired through occupation such as fishing
7. Net fruits of their exclusive property
8. Share of either spouse in hidden treasure (Art. 117)
9. Interest falling due during the marriage on principal
amount of credit belonging to one spouse which is
payable in partial payments/ installments and collected
during the marriage (Art. 119).
Disposition of CPG
A wife’s consent to the husband’s disposition of conjugal
property does not always have to be explicit or set forth in
any particular document, so long as it is shown by the acts
of the wife that such consent was indeed given (Pelayo v.
CA, G.R. No. 141323 June 8, 2005).
The sale of conjugal property requires the consent of both
spouses; otherwise the sale shall be void, including the
portion of the conjugal property pertaining to the husband
who contracted the sale (Homeowners and Savings Loan
Bank vs. CA, GR No 153802, March 11, 2005).
Exclusive property of each spouse (OGREC) (Art. 109)
1. That which is brought to the marriage as his/her own,
whether with or without legitimate descendants
2. Acquired during the marriage by gratuitous title
Property donated/left by will to spouses, jointly with
designation of determinate shares, shall pertain to
donee-spouse as exclusive property; in the absence of
designation, property shall be divided between them but
shall belong to them exclusively (Art. 113).
If spouse does not accept his/her part of the donation,
accretion sets in favor of the other spouse who will own
all of property donated as separate property.
Accretion will not apply if donor so provides or if there is
designation of determinate properties (i.e. house, car).
If donation is onerous, charges shall be borne by
exclusive property of donee-spouse, whenever
advanced by the CPG.
Retirement benefits, pensions, annuities, gratuities,
usufructs, and similar benefits acquired by gratuitous
title are exclusive properties; if by onerous title during
marriage (i.e. contributions to pension funds or
deduction from salaries of common funds), they are CP
(Art. 115).
Unearned increment (such as increase in the value of
the paraphernal property) belongs to the spouse
concerned.
 CIVIL LAW PERSONS & FAMILY RELATIONS

3. Acquired by right of redemption, barter or exchange Improvement of exclusive property

with property belonging to either spouse Reverse Accession: if the cost of the improvement
resulted in the increase in value of more than the value of
Ownership still belongs to person who has right of the principal property at the time of the improvement, the
redemption, even if conjugal funds are used to redeem, entire property shall belong to CPG subject to
subject to reimbursement reimbursement of the value of the principal property at the
time of the improvement to the owner-spouse.
If separate property in addition to conjugal funds were
used as part of purchase price of a new property, the Accession: if the cost of the improvement of the plus value
new property shall be considered conjugal is equal to or less than the value of the principal property
at the time of the improvement, the entire property
4. Purchased with exclusive money of either spouse remains the exclusive property of the spouse, subject to
reimbursement of the value of the cost of improvement
5. Principal amount of credit belonging to one spouse
payable in partial payments/ installments, which will be The obligation to reimburse rests on the spouse upon
fully paid during the marriage (Art. 119). whom ownership of the entire property is vested. There is
no obligation on the part of the purchaser of the property
Use of Exclusive Properties: (PISI) in case the property is sold by the owner-spouse (Ferrer v.
1. Payment of personal debts Ferrer, G.R. No. 166496, November 29, 2006).
2. Fines and indemnities
3. Support of illegitimate children of the owner-spouse CHARGES UPON AND OBLIGATIONS OF ACP and
4. In case of insufficiency of the CPG CPG
(Sta. Maria, M., Persons and Family Relations, 2010, p. ACP (Art. 94) CPG (Art. 121)
504) Support of the spouses, their common children, and
legitimate children of either spouse
The spouses retain the ownership, possession, For illegitimate children,
administration and enjoyment of their exclusive properties support from separate
(Art. 110). For illegitimate children,
property of person obliged
support from separate
to give support. In case of
A spouse may mortgage, encumber, alienate or otherwise property of person obliged
insufficiency or absence
dispose of his or her exclusive property, without the to give support. In case of
of separate property, CP
consent of the other spouse, and appear alone in court to insufficiency or absence
shall advance support,
litigate with regard to the same (Art. 111). of separate property, ACP
chargeable to share of
shall advance support,
parent upon liquidation,
Transfer of administration of the exclusive property of chargeable to share of
but only after obligations
either spouse does not confer ownership of the same parent upon liquidation
in Art. 121 have been
(Rodriguez v. De la Cruz, G.R. No. L-3629, September covered
28, 1907). Debts and Obligations Contracted During Marriage
a. By the administrator spouse designated in
Property bought on installment (Art. 118) MS/appointed by court/one assuming sole
Property bought on installments paid partly from exclusive administration
funds of the spouses and partly from conjugal funds: b. By one without the consent of the other
1. If full ownership was vested before the marriage – it c. By one with the consent of other
shall belong to the buyer-spouse (ex: contract to sell, d. By both spouses
full payment made during marriage using CP)
For (a) and (b), creditor has burden of proving benefit
2. If full ownership was vested during the marriage – it to family and ACP/CPG chargeable to extent of benefit
shall belong to the conjugal partnership (ex: contract of proven, otherwise, chargeable to separate property of
sale) obligor spouse
In both cases, there is reimbursement upon liquidation. In For (c) and (d), benefit to family presumed
(1), owner-spouse reimburses the CP. In (2), CP shall
All taxes, liens, charges and expenses including minor
reimburse the owner-spouse. repairs upon ACP or CP
Taxes and Expenses for Taxes and Expenses for

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ACP (Art. 94) CPG (Art. 121) view would put in peril the conjugal partnership property
mere preservation during by allowing it to be given gratuitously similar to cases of
marriage upon separate donation of conjugal partnership property, which is
property of either spouse, prohibited.
mere preservation during
regardless of whether
marriage upon separate The conjugal partnership is NOT liable for an indemnity
used by family because
property of either spouse agreement entered into by the husband to accommodate
use and enjoyment of
used by family a third party (Security Bank v. Mar Tierra Corp., GR No.
separate property of the
spouses belong to the 143382, November 29, 2006).
partnership
Expenses to enable either spouse to PROVISIONS COMMON TO ACP AND CPG
commence/complete a professional, vocational or other
activity for self-improvement A. Administration of property (ACP: Art. 96-98/ CPG: Art.
124-125)
Value donated/promise by both spouses in favor of
common legitimate children for exclusive purpose of
General Rule: Administration shall belong to both spouses
commencing or completing professional or vocational
jointly.
course or other activity for self-improvement
Exceptions:
Expenses of litigation between spouses unless suit 1. In case of disagreement, husband’s decision shall
found to be groundless prevail, subject to recourse to the court by the wife for
1. Ante-Nuptial Debts For Ante-Nuptial Debts, proper remedy within 5 years from date of contract
Chargeable to ACP if same as ACP but in case implementing such decision
redounded to benefit of insufficiency of 2. In case one spouse is incapacitated or unable to
of family separate property, participate in the administration of the common
2. Personal debts not obligations enumerated in properties, the other spouse may assume sole powers
redounding to benefit Art. 121 must first be of administration (Art. 96).
of family such as satisfied before such These powers do NOT include:
liabilities incurred by debts may be chargeable a. Disposition
reason of crime or to the CP b. Encumbrance
quasi-delict,
chargeable to Written consent of other spouse or authority of the
separate property of court is required, otherwise disposition or encumbrance
debtor spouse is VOID.
3. In case of
insufficiency of The husband and wife are the joint administrators of their
separate property, properties forming part of the conjugal partnership and
chargeable to ACP absolute community of properties. The right vested upon
but considered them to ½ of the conjugal assets does not vest until the
advances deductible dissolution and liquidation of the conjugal partnership. The
from share of debtor- sale by the husband of property belonging to the conjugal
spouse upon partnership or the absolute community without the
liquidation consent of the wife or authority of the court is void (Abalos
vs. Macatangay, G.R. No. 155043, September 30, 2004).
Note: The separate properties shall be solidarily and
subsidiarily liable for the obligations if the community or The transaction, however, shall be construed as a
conjugal properties are insufficient. continuing offer on the part of the consenting spouse and
the third person, until acceptance by the other spouse or
Benefits that might accrue to a husband in his signing a authorization by the court before the offer is withdrawn by
surety or guarantee agreement not in favor of the family either or both offerors (ACP: Art. 96;CPG: Art. 124).
but in favor of his employer corporation are not benefits
that can be considered as giving a direct advantage Neither spouse may donate any community property
accruing to the family. Hence, the creditors cannot go without the consent of the other but either may, without
against the conjugal partnership property in satisfying the the other’s consent, make moderate donations for charity
obligation subject of the surety agreement. A contrary

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 CIVIL LAW
or on occasions of family rejoicing or family distress (ACP:
Art. 98; CPG:Art. 125).
Exception: In ACP, either spouse may dispose by will of
his or her interest in the ACP (Art. 97)
B. Remedies of present spouse in case of abandonment
by the other spouse or failure to comply with obligations
(marital, parental or property relations)
1. Receivership
1. Judicial separation of property
2. Authority to be the sole administrator of the
absolute community (ACP: Art. 101; CPG: Art. 128)
A spouse is deemed to have abandoned the other when
he or she has left the conjugal dwelling without any
intention of returning. Three (3) months’ disappearance or
failure to give within the same period any information as to
a spouse’s whereabouts prima facie raises a presumption
that the absent spouse has no intention of returning (ACP:
Art. 101 par. 3; CPG: Art. 108 par. 3).
C. Grounds for termination (ACP: Art. 99-101; CPG: Art.
126-128): (LADS)
1. Decree of legal separation
2. Annulment or declaration of nullity of marriage
3. Death of either spouses
Surviving spouse shall liquidate ACP within 1 year from
death of deceased spouse if no judicial settlement is
instituted, failure to do so upon lapse of 1 year period
makes any disposition or encumbrance of ACP void
Mandatory regime of complete separation of property
governs subsequent marriage of surviving spouse if
he/she fails to comply with liquidation of ACP of
previous marriage
4. Judicial separation of property
Note: Effect of separation in fact (ACP: Art. 102; CPG: Art.
127)
General Rule: The separation in fact between husband
and wife shall not affect the regime of ACP/CPG
Exceptions:
1. The spouse who leaves the conjugal home or refuses
to live therein, without just cause, shall not have the
right to be supported;
PERSONS & FAMILY RELATIONS
2. When the consent of one spouse to any transaction of
the other is required by law, judicial authorization shall
be obtained in a summary proceeding;
3. In the absence of sufficient community property, the
separate property of both spouses shall be solidarily
liable for the support of the family. The spouse present
shall, upon proper petition in a summary proceeding, be
given judicial authority to administer or encumber any
specific separate property of the other spouse and use
the fruits or proceeds thereof to satisfy the latter's share
(Art. 100).
D. Steps in liquidation of ACP and CPG (Art. 102 and 129)
1. Inventory of ACP or CPG properties and
exclusive property of each spouse
Separate property included as it is solidarily liable to
creditors and will be used to pay them if ACP or CPG
is insolvent
Should also include receivables from each spouse
for:
a. Amounts advanced for personal debts of each
spouse
b. Support pendent elite of each spouse
c. For CPG, include value of improvements
constructed on separate property
1. Payment of ACP or CPG debts
Must first pay out of the ACP or CP property, if
insufficient, spouses solidarily liable with separate
properties
For CPG, must first reimburse spouse for separate
property acquired by CP due to increased value
thereof as a result of improvements thereon
2. Delivery to each spouse of his/her separate
property if any
3. For CPG, unless owner indemnified from
whatever source, payment of loss or deterioration of
movables belonging to either spouse that was used
for the benefit of the family
4. Division of net assets (for ACP) or net profits
(CPG), which are not subject to forfeiture
Use of Exclusive Properties: (PISI)
a. Payment of personal debts
b. Fines and indemnities
c. Support of illegitimate children of the owner-spouse
d. In case of insufficiency of the CPG
(Sta. Maria, M., Persons and Family Relations,
2010, p. 504)
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5. Delivery of presumptive legitime, if any, to the
children
6. Adjudication of conjugal dwelling and lot
III. SEPARATION OF PROPERTY DURING THE
MARRIAGE
Takes place if expressly provided for in the MS or by
judicial order after the marriage (Art. 134).
It may refer to present or future property or both, total or
partial. If partial, ACP shall govern properties not agreed
upon as separate (Art. 144).
Separation of property may be effected voluntarily or for
sufficient cause, subject to judicial approval (Art. 134).
Causes of judicial separation of property: (CLA²PS) (Art.
135)
1. Petitioner’s spouse has been sentenced with a penalty
which carries with it civil interdiction;
2. Loss of parental authority of petitioner’s spouse as
decreed by the court;
3. Petitioner’s spouse has been judicially declared an
absentee;
4. Abandonment by the petitioner’s spouse or failure to
comply with the obligations to the family as provided in
Art. 101;
5. Spouse granted power of administration in marriage
settlement abused such power; and
6. At the time of the petition, spouses have been
separated in fact for at least 1 year and reconciliation is
highly improbable
Note: In the cases provided for in (1-3), presentation of
final judgment against guilty/ absentee spouse is enough
basis for grant of degree of judicial separation of property.
Effects of judicial separation of property
1. Dissolution and liquidation of ACP/CPG (Art. 137)
2. 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 (Art. 140)
Revival of former property regime (Art. 141)
It shall be governed by Art. 67 and may be filed in the
same proceedings where separation of property was
decreed in any of the following instances:
1. Termination of civil interdiction
2. Reappearance of absentee
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3. Upon satisfaction of court that spouse granted
administration in the MS will not abuse that power and
authorizes resumption of said administration
4. Return and resumption of common life with spouse by
the other who left the conjugal home without decree of
legal separation
5. Restoration of parental authority
6. Reconciliation and resumption of common life of
spouses who had been separated in fact for at least 1
year
7. Spouses agree upon joint petition to revival of former
property regime after voluntary dissolution of ACP or
CPG has been judicially decreed
No voluntary separation of property may thereafter be
granted.
Administration of exclusive property (Art. 142)
1. The administration of all classes of exclusive property of
either spouse may be transferred by the court to the
other spouse:
a. When one spouse becomes the guardian of the other;
b. When one spouse is judicially declared an absentee;
c. When one spouse is sentenced to a penalty which
carries with it civil interdiction; or
d. When one spouse becomes a fugitive from justice or
is in hiding as an accused in a criminal case.
2. If the other spouse is not qualified by reason of
incompetence, conflict of interest, or any other just
cause, the court shall appoint a suitable person to be
the administrator (Art. 142).
IV. REGIME OF SEPARATION OF PROPERTY
1. Each spouse shall own, dispose of, possess, administer
and enjoy his or her own separate estate, without need
of the consent of the other. To each spouse shall
belong all earnings from his or her profession, business
or industry and all fruits, natural, industrial or civil, due
or received during the marriage from his or her separate
property (Art. 145).
2. The spouses contribute to the family expenses
PROPORTIONATELY with their income or in case of
insufficiency or default thereof, with the current market
value of their separate properties. However, the liability
of the spouses to the creditors for family expenses is
SOLIDARY (Art. 146).
A Compromise Agreement which was judicially approved
is exactly such a separation of property allowed under the
law. However, voluntary separation of property is subject
to the rights of all creditors of the conjugal partnership of
gains and other persons with pecuniary interest pursuant
to Article 136 of the Family Code (Virgilio Maquilan vs.
Dita Maquilan, G.R. No. 155409, June 8, 2007).
 CIVIL LAW PERSONS & FAMILY RELATIONS

V. PROPERTY REGIME OF UNIONS WITHOUT in good faith, share of party

MARRIAGE in bad faith in the co-
Art. 147 Art. 148 ownership shall be her share in the co-
Applicability forfeited: ownership shall accrue
In cases of cohabitation not 1. In favor of their common to the ACP or CPG
The following must concur: children. existing in such valid
falling under Art. 147.
1. Parties who are 2. In case of default or marriage.
Parties do not have the
capacitated to marry waiver by any or all 2. If party who acted in bad
capacity to marry due to
each other common children or their faith is not validly
some legal impediments
2. Live exclusively with descendants each married to another,
(i.e. adulterous
each other as husband vacant share shall his/her share shall be
relationships and
and wife belong to respective forfeited in the same
marriages which are
3. Without benefit of surviving descendants manner provided for in
bigamous, incestuous, or
marriage or under void 3. In their absence, to the Art. 147
void by reason of public
marriage innocent party. 3. The above rules apply
policy under Art. 38)
Salaries and Wages even if both parties are in
Separately owned by the In all cases, forfeiture takes bad faith.
parties. If any of them is place upon termination of
Owned in equal shares married, his/her salary is cohabitation.
the property of the CPG of
the legitimate marriage Tender Loving Care Doctrine
Property acquired by either exclusively by own funds The relationship between a man and a woman whose
Belongs to such party marriage was subsequently declared null and void on the
subject to proof of ground of psychological incapacity is governed by Art. 147
Belongs to such party of the Family Code. Under this article, there exists a
acquisition by exclusive
funds presumption that the contributions are equal. Even if one
Property acquired by both through their work / industry of the parties did not contribute materially to the common
Owned by them in common fund, but the said party took care of the household, the
Governed by rules on co- other party and their common children, these acts are
in proportion to respective
ownership considered the said party’s contribution to the common
contributions
Property acquired while living together fund (Buenaventura v. Buenaventura, G.R. No. 127358 &
Presumed to be obtained 127449, March 31, 2005).
by their joint efforts, work,
or industry and shall be Note: Under Art. 148 there is no presumption of joint
owned by them in equal acquisition. It must be stressed that actual contribution is
shares. Efforts in care and required by this provision, in contrast to Art. 147 which
maintenance of family and states that efforts in the care and maintenance of the
household considered No presumption of joint family and household, are regarded as contributions to the
contribution in acquisition. acquisition. When there is acquisition of common property by one who has no salary
evidence of joint acquisition or income or work or industry. Under Art. 148, if the actual
Note: Neither party can but none as to the extent of contribution of the party is not proved, there will be no co-
encumber or dispose by actual contribution, there is ownership and no presumption of equal shares (Agapay v.
acts inter vivos of his or her a presumption of equal Palang, G.R. No. 116668, July 28, 1997). Hence, mere
share in the property sharing cohabitation without proof of contribution will not result in
acquired during a co-ownership (Tumlos vs. Fernandez, G.R. NO. 137650,
cohabitation and owned in April 12, 2000).
common without the
consent of the other until HOWEVER, in the case of Abing v. Waeyan (G.R.
after the termination of their No.146294, July 31, 2006) the Supreme Court ruled that
cohabitation. any property acquired by common law spouses during the
Forfeiture period of cohabitation is presumed to have been obtained
through their joint efforts and owned by them in equal
When only one of the 1. If one of parties is validly
shares in the absence of proof to the contrary. Rules on
parties to avoid marriage is married to another, his or
co- ownership govern their property relations.

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 PERSONS & FAMILY RELATIONS
T HE F AMILY
The family is a basic social institution which public policy
cherishes and protects (Art. 149); hence, no suit between
members of the family shall prosper unless a compromise
between the parties has failed (Art. 151). Family relations
are governed by law and no custom, practice or
agreement destructive of the family shall be recognized or
given effect (Art. 149).
Family relations include:
1. Between husband and wife
2. Between parents and children
3. Among other ascendants and descendants
4. Among brothers and sisters whether full or half–blood
(Art. 150)
Mandatory Prior Recourse to Compromise
No suit between members of the same family shall
prosper UNLESS it appears from the verified complaint or
petition that earnest efforts toward a compromise have
been made, and that the same have failed. If it is shown
that no such efforts were, in fact, made, the case must be
dismissed (Art. 151).
Exceptions:
1. When a stranger is involved in the suit
Ratio: The interest of such stranger may differ from the
interest of members of the same family. (Sta. Maria, M.,
Persons and Family Relations, 2010, p. 588)
2. In cases where compromise is invalid under the Civil
Code (Art. 2035): (CV JAFF)
a. Civil status of persons
b. Validity of marriage or a legal separation
c. Jurisdiction of courts
d. Any ground for legal separation
e. Future support
f. Future legitime
The term “suit” provided by law clearly implies only civil
actions. (Manalo vs. CA, G.R. No. 129242, January 26,
2000) On the other hand, Art. 332 of the Revised Penal
Code provides for exemption from criminal, but not civil
liability, for the crimes of theft, swindling or malicious
mischief committed or caused by the following:
1. Spouses, ascendants and descendants, or relative by
affinity in the same line;
2. The widowed spouse with respect to the property which
belonged to the deceased spouse before the same shall
have passed into the possession of another; and
3. Brothers and sisters and brothers-in-law and sisters-in-
40 SAN BEDA COLLEGE OF LAW
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CIVIL LAW
law, if living together.
Running of prescriptive periods
Unless otherwise provided by the Family Code and
other laws, Art. 1109 of the Civil Code provides that
prescription does not run between:
a. Husband and wife, even though there be a separation
of property agreed upon in the marriage settlements
or by judicial decree;
b. Parents and children during the latter’s minority or
insanity;
c. Guardian and ward during the continuance of the
guardianship. (Sta. Maria, m., persons and family
relations 2010 ed., p. 589)
FAMILY HOME
It is constituted jointly by the husband and wife or by an
unmarried head of a family; is the dwelling house where
they and their family reside, and the land on which it is
situated (Art. 152).
General Rule: The family home is exempt from execution,
forced sale or attachment.
Rationale: When the creditors seize the family house, they
virtually shatter the family itself.
Exceptions: (PLMN)
1. Debts incurred prior to constitution (Art. 153);
Note: Art. 153 cannot be given retroactive effect to
shield the homes of debtors from execution of judgment
arising from debts which became due and demandable
prior to the effectivity of the Family Code. To be able to
avail of the benefits of a family home in relation to debts
which matured prior to August 3, 1988, it must be
shown that the home was constituted either judicially or
extrajudicially pursuant to the old Civil Code (Sta. Maria,
M., Persons and Family Relations, 2010, p. 591).
2. Debts due to laborers, mechanics, architects, builders,
material men and others who have rendered service or
furnished materials for the construction of the building
(Art. 155);
3. Debts secured by mortgages on family home (Art. 155);
4. Non–payment of taxes on home (Art. 155)
If ever the family home is subject of an attachment, the
beneficiaries thereof have to move for the quashal of
the writ of attachment. If no motion for the quashal of
the writ or attachment or levy is filed, the benefit of
exemption is considered waived (Honrado v. Court of
Appeals, G.R. No. 166333, November 25, 2005).
 CIVIL LAW
As a rule, the family home is exempt from execution,
forced sale or attachment. However, Article 155(3) of
the Family Code explicitly allows the forced sale of a
family home “for debts secured by mortgages on the
premises before or after such constitution.” In this case,
there is no doubt that spouses Fortaleza voluntarily
executed on January 28, 1998 a deed of Real Estate
Mortgage over the subject property which was even
notarized by their original counsel of record. And
assuming that the property is exempt from forced sale,
spouses Fortaleza did not set up and prove to the
Sheriff such exemption from forced sale before it was
sold at the public auction (Sps. Fortaleza and Ofelia
Fortaleza v. Sps. Lapitan, G.R. No. 178288, August 15,
2012).
Outline of provisions regarding the family home:
1. It is constituted on the dwelling house of the family and
the land on which house is situated
2. Deemed constituted from time of actual occupation as a
family residence (Art. 153)
3. Continues to be such as long as any of its beneficiaries
actually resides therein (Art. 153)
4. Must be part of the properties of the absolute
community or the conjugal partnership or owned by
person constituting it (may be either or both spouses
or the single head of a family) (Art. 156)
Property that is the subject of a conditional sale on
installments where ownership is reserved by the vendor
only to guarantee payment of the purchase price may
be constituted as a family home. (Art. 156 par. 2)
5. Must be permanent (Sta. Maria, M., Persons and Family
Relations, 2010, p. 590).
6. Rule applies to valid and voidable and even to common-
law spouses under Articles 147 and 148
7. Continues despite death of one or both spouses or
unmarried head of the family for 10 years, or as long as
a minor beneficiary lives therein. Heirs cannot partition
the same unless the court finds compelling reasons
therefor. (Art. 159).
After 10 years and a minor beneficiary still lives therein,
the family home shall be preserved only until that minor
beneficiary reaches the age of majority. The intention
of the law is to safeguard and protect the interests of
the minor beneficiary until he reaches the age of
majority (Perla G. Patricio vs. Marcelino G. Dario III,
G.R. No. 170829, November 20, 2006).
The family home is shielded from immediate partition
under Article 159 regardless of its ownership. This
signifies that even if the family home has passed by
succession to the co-ownership of the heirs, or has been
PERSONS & FAMILY RELATIONS
willed to any one of them, this fact alone cannot transform
the family home into an ordinary property, much less
dispel the protection cast upon it by the law. The rights of
the individual co-owner of the family home cannot
subjugate the rights granted under Article 159 to the
beneficiaries of the family home (Arriola v. Arriola, G.R.
No. 177703, January 28, 2008).
8. To be a beneficiary (other than the husband and the
wife or an unmarried person who is the head of the
family), three requisites must concur:
a. They must be either the parent, ascendant,
descendant, brother or sister whether legitimate or
illegitimate (Art. 154).
b. They must live in the family home
c. They are dependent for legal support upon the head
of the family.
Thus in Patricio vs. Dario III (G.R. No. 170829,
November 20, 2006) a grandson was not considered
a beneficiary of a family home owned by his
grandparent because, while the said grandchild was
living in the said family home, he was not dependent
for support on the grandparent, who was the head of
the family where the grandchild lived, but on his
father.
d. In-laws, provided the home is jointly constituted by
husband and wife. But this law definitely excludes
maids and overseers (Manacop v. CA, G.R. No.
102855 November 13, 1992).
8. Every person may constitute or be the beneficiary of
one (1) family home only. (Art. 161)
9. May be alienated, sold, donated, assigned or
encumbered by the owners provided the written consent
of the following are obtained:
a. The person who constituted
the same,
b. His or her spouse, and
c. Majority of the beneficiaries of
legal age give their consent. (Art. 158)
P ATERNITY AND F ILIATION
Paternity and filiation
It refers to the relationship existing between parent and
child (Noe v. Velasco, 61 O.G. 411).
Paternity
It is the civil status relationship of the father to the child.
Filiation
SAN BEDA COLLEGE OF LAW 41
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 PERSONS & FAMILY RELATIONS
It is the civil status or relationship of the child to the father
or mother.
The filiation of children may be by nature or by adoption.
Natural filiation may be legitimate or illegitimate (Art. 163).
LEGITIMATE AND
DISTINGUISHED
Legitimate
Conceived or born during
a valid marriage (Art. 164)
Conceived or born before
the judgment of
annulment or absolute
nullity of marriage if the
ground is psychological
incapacity (Art. 54)
Born in a subsequent void
marriage due to failure to
comply with Art. 52 and
53 (Art. 54)
Product of artificial
insemination provided
both spouses authorized
or ratified such procedure
in a written instrument,
executed and signed
before birth of child and
recorded (Art. 164)
Conceived or born of
mothers who might have
declared against its
legitimacy or was
sentenced as an
adulteress (Art. 167)
Legitimated: conceived
and born outside of
wedlock of parents
without impediment at the
time of conception and
had subsequently married
Use of Surname
Right to bear father’s
surname
42 SAN BEDA COLLEGE OF LAW
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ILLEGITIMATE CHILDREN
Illegitimate
Conceived and born
outside a valid marriage
or inside a void ab initio
marriage such as
bigamous and incestuous
marriages and marriage
declared void for being
contrary to law and public
policy (Art. 165)
Born after the decree of
annulment of a voidable
marriage
Generally required to use
mother’s surname
Exception:
If child’s filiation has been
expressly recognized by
CIVIL LAW
Legitimate Illegitimate
the father through the
record of birth appearing
in the civil register, or
when an admission in a
public document or private
handwritten instrument is
made by the father.
(Sec.1, RA 9255)
Parental Authority
Sole parental authority of
Joint authority of parents
mother
Support
Entitled to receive support
from any of his or her
direct ascendants and
Entitled to receive support
descendants in
only up t his or her
accordance with the
grandparents or
priority set by law in Art.
grandchildren as provided
195 and 199 (Sta. Maria,
for in Art. 195(2) and (3)
M., Persons and Family
(Sta. Maria, M., Persons
Relations, 2010, p. 650).
and Family Relations,
2010, p. 650).
Preferential right to
support over mother if
No such preference
father has no sufficient
means to meet both
claims
Successional Right
Entitled to ½ of legitimate
Entitled to inheritance
child’s inheritance
Beneficiary Right Under the SSS (RA 8282) and GSIS
(RA 8291)
Primary beneficiary Not primary beneficiaries
Paternity Leave under RA 8187 (Paternity Leave Act of
1996)
Father is entitled to No such benefit
paternity leave of 7 days
with full pay
RULE ON CHILDREN CONCEIVED AS A RESULT OF
ARTIFICIAL INSEMINATION
The status of the child is legitimate if all the requirements
under Art. 164 are complied with namely:
1. Both spouses authorize or ratify such insemination
2. The authorization or ratification is in a written instrument
signed by them before the birth of the child
3. The instrument is recorded in the civil registry together
with the birth certificate of the child.
Note: Even if the above requirements are not complied
with and the husband does not impugn the legitimacy of
the child on grounds provided by Art. 166 within the
prescriptive period, the child shall still be considered
 CIVIL LAW
legitimate because the child has been conceived or born
during the valid marriage of the parents pursuant to Article
164 par. 1.
RULES ON IMPUGNING LEGITIMACY (Art. 166 and 167)
Necessarily applies only to a situation where the child has
been delivered by a woman who is the child’s natural
mother (Sta. Maria, M., Persons and Family Relations,
2010, p. 609).
In the event that any of the grounds enumerated in Art.
166 is proven, the child will neither be legitimate nor
illegitimate in so far as the husband is concerned. Simply,
the husband and the child will not be related to each other
in any manner considering that the husband did not
participate in any way as to the child’s precreation. In so
far as the mother is concerned, the child will be
considered illegitimate (Sta. Maria, M., Persons and
Family Relations, 2010, p. 609).
Grounds for impugning legitimacy: (PBC)
1. Physical impossibility of the husband to have sexual
intercourse with his wife within the first 120 days of the
300 days immediately preceding the child’s birth, due
to:
a. Physical incapacity of the husband;
Note: Must be proved by convincing and persuasive
evidence hence, the fact that a husband, who was
never separated from his wife, has been absolutely
stiff in th hips at the time of the conception of the child
has been held as not conclusive enough to overturn
the presumption of legitimacy. (State vs. Reed, 107
W Va. 563, as cited Sta. Maria, p. 616)
b. Husband and the wife were living separately;
Note: Mere remoteness of the wife from the husband
is not sufficient to disavow paternity. Hence, the bare
testimony by the husband that he and his wife were
living thirty miles away from each other at the time of
the conception of the child is not enough to show the
illegitimacy of the child without any showing that the
sexual intercourse with the wife was not possible
(Skott vs. State, 46 ALR 3d 180 as cited Sta. Maria,
p.616).
c. Serious illness of the husband which absolutely
prevented sexual intercourse
Note: Must be such as to absolutely prevent him from
engaging in sexual intercourse. Hence in Andal v.
Macaraig (G.R. No. L-2474, May 30, 1951), the Court
ruled that the fact that the husband was seriously sick
PERSONS & FAMILY RELATIONS
with tuberculosis was not sufficient to overcome the
presumption of legitimacy. Impossibility of access by
husband to wife would include absence during the
initial period of conception; impotence which is
patent, continuing and incurable; and imprisonment,
unless it can be shown that cohabitation took place
through corrupt violation of prison regulations.
2. Biological or scientific proof that the child could not have
been that of the husband;
Note: Racial dissimilarity may be a considered sufficient
scientific proof (Watkins vs. Carlton, 37 VA [10 Leigh]
586 as cited Sta. Maria, p. 617).
For sterility to constitute proof of non-paternity, the
husband must be shown to be completely sterile at the
time when the child was conceived (Sta. Maria, M.,
Persons and Family Relations, 2010, p. 618).
3. Vitiated consent in artificial insemination
Note: The mistake, fraud, violence, intimidation or
undue influence can be exerted by not only the spouses
against each other but also by third persons on both of
the spouses or on any one of them. In any case, only
the husband can impugn the legitimacy of the child, or
the heirs in special cases provided in Art. 171.
Prescriptive periods to file action to impugn legitimacy:
1. One year, from knowledge of birth or recording in the
civil register, if husband or heirs live in the SAME
city/municipality where the birth took place or was
recorded.
2. Two years, if both reside in the Philippines.
3. Three years, if the child’s birth took place or was
recorded in the Philippines while the husband has his
residence abroad, or vice versa (Art. 170).
Note: The question of legitimacy cannot be collaterally
attacked. It can be impugned only in a direct action. (Liyao
Jr. vs. Liyao, G.R. No. 138961, March 7, 2002)
Parties who can impugn legitimacy of a child:
General Rule: Only the husband may impugn.
Exception: The heirs may impugn within the same period
in the following cases:
1 If the husband dies before the expiration of the period
fixed for bringing his action
2 If he should die after the filing of the complaint without
having desisted therefrom; or
3 If the child was born after the husband’s death (Art.
171).
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 PERSONS & FAMILY RELATIONS
An assertion by the mother against the legitimacy of her
child cannot affect the legitimacy of the child born or
conceived within a valid marriage. A mother has no right
to disavow a child because maternity is never uncertain
(Concepcion v. CA, GR No 123450, August 31, 2005).
The death of the putative father does not ipso facto
negate the application of DNA testing for as long as
appropriate biological samples of his DNA exist. In such a
case the petitioner must show the impossibility of
obtaining an appropriate biological sample that can be
utilized for the conduct of DNA testing (Estate of Rogelio
Ong v. Diaz, G.R. No. 171713, December 17, 2007).
STATUS OF CHILDREN BORN WITHIN 300 DAYS
FROM THE TERMINATION OF A FIRST MARRIAGE
AND THE CELEBRATION OF A SUBSEQUENT
MARRIAGE (Art. 168 and 169)
Requisites: (TS–WBN)
1. First marriage terminated
2. Mother contracted subsequent marriage
3. Subsequent marriage was contracted within 300 days
after termination of previous marriage
4. Child was born within 300-day period
5. No evidence as to status of child
Rules on presumption of filiation in case of two marriages:
1. To first marriage, if child was born before the lapse of
180 days after celebration of 2nd marriage, provided it
was born within 300 days after termination of the 1st
marriage.
2. To second marriage, if child was born after 180 days
following celebration of 2nd marriage, whether born
within 300 days after termination of 1st marriage or
afterwards (Art. 168).
Illustration:
Termination of first marriage: October 1, 2011
Celebration of second marriage: January 1, 2012
300th day from termination of first marriage: July 26, 2012
180th day from celebration of second marriage: June 28,
2012
Hence:
Child born on or before June 28, 2012 is presumed to be
filiated to the first husband.
Child born at any time after June 28, 2012 (even if before
July 26, 2012) is presumed to be filiated with the second
husband.
44 SAN BEDA COLLEGE OF LAW
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CIVIL LAW
Note: The legitimacy or illegitimacy of a child born after
three hundred days following the termination of the
marriage shall be proved by whoever alleges such
illegitimacy or illegitimacy (Art. 169).
Note: Art. 169 negates any presumption of filiation for a
child born after 300 days from the termination of a
marriage, in the absence of a subsequent marriage (Sta.
Maria, M., Persons and Family Relations, 2010, p. 627).
PROOF OF FILIATION
General Rule: Filiation of legitimate (or illegitimate)
children is established by any of the following: (RA)
1. The record of birth appearing in the civil registry or a
final judgment
2. An admission of legitimate (or illegitimate) filiation in a
public document or a private handwritten instrument
and signed by the parent concerned.
Exceptions: In the absence of any of the foregoing
evidence, such legitimate or illegitimate filiation shall be
proved by: (OA)
1. Open and continuous possession of the status of a
legitimate or illegitimate child;
2. Any other means allowed by the Rules of Court and
special laws (Art. 172).
a. An act or declaration concerning pedigree (Sec. 33,
Rule 130, Rules of Court)
b. Family reputation or tradition concerning pedigree
(Sec. 34, Rule 130, Rules of Court)
c. Common reputation respecting pedigree (Sec. 35,
Rule 130, Rules of Court)
d. Judicial admission (Sec. 2, Rule 129, Rules of Court)
e. Admission of a party (Sec. 22, Rule 130, Rules of
Court)
f. Admission by silence (Sec. 23, Rule 130, Rules of
Court)
Baptismal certificate, judicial admission, family bible,
evidence of pedigree, admission by silence,
testimonies of witnesses and other pieces of
evidence under Rule 130, Rules of Court may be
proofs of filiation (Cruz vs. Cristobal, G.R. No.
148247,August 7, 2006).
In Dela Cruz vs. Garcia (G.R. No. 177728, July 31,
2009), a handwritten autobiography of the father was
recognized as evidence of filiation although not
signed. The Court ruled that “where the private
handwritten instrument is accompanied by other
relevant and competent evidence, it suffices that the
claim of filiation therein be shown to have been made
 CIVIL LAW PERSONS & FAMILY RELATIONS

and handwritten by the acknowledging parent as it is continuously” (Jison vs. CA, GR. No. 8454, April 13,
merely corroborative of such other evidence.” 1956).

Action to Claim Legitimacy (Art. 173) If the unsigned record of birth can be a proof of filiation
Who may claim: of the child, it would be easy for a woman to vest
1. Child – exclusive and personal right of child which may legitimate status to an illegitimate child. Hence, an
be brought anytime during his lifetime, regardless of the unsigned record of birth cannot be used as proof of
proof presented to support his claim filiation (Reyes v. Court of Appeals, GR. 39537, March
2. Transmitted to heirs of the child within a period of 5 19, 1985).
years in case
a. Child dies during minority RIGHTS OF CHILDREN
b. Child dies in a state of insanity Legitimate Illegitimate
c. Child dies after action has already been instituted
Use of father & mother’s Use of mother‘s surname
Action to Claim Illegitimacy surname
Illegitimate children may establish their illegitimate filiation Note: However, R.A.
in the same way and on the same evidence as legitimate 9255 amended Art. 176,
children (Art. 175). FC
Receive support from Receive support only up
1. If illegitimate filiation is established by a record of birth ascendants or to grandparent and
in the civil register or a final judgment, or an admission descendants of the same grandchildren
of filiation in a public document or a private handwritten line.
instrument signed by the parent concerned, the action Entitled to the legitime in Legitime is ½ of the
for recognition may be brought by the child during his succession legitime of a legitimate
lifetime (Guy, vs. CA, G.R. No. 163707, September 15, child
2006).
Right to inherit ab No right to inherit as such
2. If the action is based upon open and continuous intestato from legitimate
possession of the status of an illegitimate child, or any children and relatives of
other means allowed by the rules or special laws, it may his father and mother
be only brought during the lifetime of the alleged parent
(Guy vs. CA, ibid). R.A. No. 9255
An Act Allowing Illegitimate Children to use the surname
3. Unlike an action for legitimacy, the right to claim for of their Father, amending for the purpose Article 176 of
status is NOT transmissible to the heirs. EO No. 209, otherwise known as the "FAMILY CODE OF
THE PHILIPPINES" (approved February 24, 2004).
“Continuous” does not mean that the concession of
status shall continue forever but only that it shall not be Illegitimate children may use the surname of their father if:
of an intermittent character while it is continuous. The 1. Their filiation has been expressly recognized by the
possession of such status means that, the father has father through the record of birth appearing in the civil
treated the child as his own, directly and not through register, or
others, spontaneously, and without concealment, 2. When an admission in a public document or private
though without publicity. There must be a showing of handwritten instrument is made by the father; Provided,
permanent intention of the supposed father to consider that the father has the right to institute an action before
the child as his own by continuous and clear the regular courts to prove non-filiation during his
manifestation of paternal affection and care (Mendoza lifetime.
vs. CA, G.R. No. 86302 September 24, 1991).
LEGITIMATED CHILDREN
The paternal affection and care must not be attributed
to pure charity. “Such acts must be of such a nature that Legitimation
they reveal not only the conviction of paternity, but also It is a remedy by means of which those who in fact were
the apparent desire to have and treat the child as such conceived and born outside of wedlock and should
in all relations in society and in life, not accidentally, but therefore be considered illegitimate are by legal fiction

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 PERSONS & FAMILY RELATIONS
considered legitimate. It shall take place only by the
subsequent valid marriage between the biological parents.
Requisites: (NIM)
1. The child is illegitimate.
2. The parents at the time of the child’s conception are not
disqualified by any impediment from marrying each
other or were so disqualified only because either or both
of them were below eighteen (18) years of age (Art.
177, as amended by R.A. 9858).
3. There is a valid marriage subsequent to the child’s birth
(Art. 178).
Note: Children born out of wedlock to parents who were
not allowed by law to marry for being minors are now
qualified for legitimation. This has been made possible by
RA 9858, approved on December 20, 2009 and has
amended Article 177 of the Family Code of the
Philippines. Before RA 9858, Article 177 stated that only
children born out of wedlock to parents who were not
disqualified from getting married at the time of conception
could be legitimized.Under the present law, legitimation
would automatically take place upon marriage of the
parents. Moreover, couples who had children when they
were below the marrying age would not need to go
through the process of having to adopt their own offspring
just so their kids could enjoy the rights of legitimate
children.
Notes: Laws providing for the process of legitimation are
remedial in character intended for the benefit and
protection of the innocent offspring and, therefore, may be
applied retrospectively (Lund’s Estate, 162 ALR 606) and
must be liberally construed (Cardenas vs. Cardenas, 12
Ill. App 2d 497, 63 Alr2rd 1001 as cited in Sta. Maria, p.
659).
Effects of legitimation:
1. Legitimated children shall enjoy the same rights as
legitimate children (Art. 179)
Note: Legitimation creates for the legitimated child the
total and full extent of the blood-relationship existing
within the family to include all descendants, ascendants
and collateral relative, unlike in adoption where only a
parent-child relationship is created. (Sta. Maria, M.,
Persons and Family Relations, 2010, p. 661)
2. The effects of legitimation shall retroact to the time of
the child’s birth (Art. 180)
3. The legitimation of children who died before the
celebration of the marriage shall benefit their
ascendants (Art. 181)
4. Legitimation may be impugned only by those who are
prejudiced in their rights.
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Generally refers to those who would suffer economic or
material injury by legitimation such as testamentary or
intestate heirs (Sta. Maria, M., Persons and Family
Relations, 2010, p. 663).
Legitimation may be impugned within 5 years from the
time their cause of action accrues, that is, from the
death of the putative parent.
Legitimation may be impugned on grounds like:
a. The subsequent marriage of the child’s parents is
void;
b. The child allegedly legitimated is not natural; or
c. The child is not really the child of the alleged
parents.
A DOPTION
The process of making a child, whether related or not to
the adopter, possess in general, rights accorded to a
legitimate child (Paras, E. Civil Code of the Philippines
Annotated, 2002 ed., p. 685).
Adoption statutes, being humane and salutary, hold the
interest and welfare of the child to be of paramount
consideration and are designed to provide homes,
parental care and education for unfortunate, needy or
orphaned children and give them the protection of society
and family in the person of the adopter as well as to allow
childless couples to experience the joys of parenthood
and give them legally a child in the person of the adopted
for the manifestation of their natural parental instincts.
Every reasonable intendment should be sustained to
promote and fulfill these noble and compassionate
objectives of the law (In re: Petition for adoption of
Michelle P. Lim, G.R. No. 168992-93 May 21, 2009).
Nature of adoption proceedings
1. Adoption is a juridical act. Only an adoption made
through the court, or in pursuance with the procedure
laid down under Rule 99 of the Rules of Court is valid in
this jurisdiction. It is not of natural law at all, but is
wholly and entirely artificial. To establish the relation,
the statutory requirements must be strictly carried out,
otherwise, the adoption is an absolute nullity (Lazatin
vs. Hon. Judge Campos, G.R. No. L-42955-56 July 30,
1979).
2. Adoption proceedings are IN REM and publication
serves as constructive notice to the whole world
(Santos vs. Aranzanso, L-23828, February 28, 1966).
 CIVIL LAW
DOMESTIC ADOPTION ACT OF 1998 (R.A. No. 8552)
Pre–adoption services (Sec. 4-6)
The DSWD shall provide for the following services:
1. Counseling services for –
a. biological parents [Sec. 4(a)],
Note: No binding commitment for and adoption plan
shall be permitted before the birth of his or her child.
A period of 6 months shall be allowed for the biological
parent(s) so reconsider any decision to relinquish
his/her child for adoption before the decision becomes
irrevocable.
b. prospective adoptive parents [Sec. 4 (b)] and
c. prospective adoptee [Sec. 4(c)]
2. Exhaust all efforts to locate the unknown biological
parents
Note: If efforts fail, child shall be listed as a foundling
and shall be judicially declared as abandoned [Sec. 5]
Who may adopt: (LPG-CONE)
1. Filipino citizen [Sec. 7 (a)]:
a. Of legal age
b. In a position to support and care for his/her children in
keeping with the means of the family
c. Good moral character
d. In possession of full civil capacity or legal rights
e. At least 16 years older than the adoptee, except
when:
i. Adopter is the biological parent of the adoptee
ii. Adopter is the spouse of the adoptee’s parent
f. Has not been convicted of any crime involving moral
turpitude
g. Emotionally and psychologically capable of caring for
children
2. Alien (S-DELL)
a. Same qualifications as a Filipino
b. Country has diplomatic relations with the Philippines.
c. Certified by said office that his government allows the
adoptee to enter his country as his adopted child
d. Has been living in the Philippines for at least three (3)
continuous years prior to the application for adoption
and maintains such residence until the adoption
decree is entered,
e. Certified to have legal capacity to adopt by his/her
diplomatic or consular office but certification may be
waived in the same instances for waiver of residency
requirement in (c)
PERSONS & FAMILY RELATIONS
Note: Requirements listed under (c), (d) and (e) may be
waived if the alien is:
i. A former Filipino citizen seeks to adopt a
relative within the 4th degree of consanguinity or
affinity
ii. One who seeks to adopt the legitimate
son/daughter of his/her Filipino spouse
iii. One who is married to a Filipino citizen and
seeks to adopt jointly with his/her spouse a relative
within the 4th degree of consanguinity or affinity of
the Filipino spouse
If a Filipino adopts an alien, the adopted alien does not
acquire Philippine citizenship because such acquisition of
citizenship acquires the character of naturalization which
is regulated, not by the Civil Code or the Family Code, but
by special law (Ching Leng vs. Galang, G.R. No. L-11931,
October 27, 1958).
3. Guardian (TC) [Sec. 7(c)]
a. After termination of the guardianship, with respect to
the ward, and
b. Clearance of his/her financial accountabilities
Rule on adoption by spouses
General rule: The husband and the wife shall JOINTLY
adopt.
Exceptions: (LIS)
1. One spouse seeks to adopt the legitimate child of the
other spouse
2. One spouse seeks to adopt his/her own illegitimate
child with the consent of the other spouse
3. The spouses are legally separated
Other factors to be considered in evaluating prospective
parents:
1. Total personality of the applicants
2. Emotional maturity
3. Quality of marital relationship
4. Feeling about children
5. Feeling about childlessness and readiness to adopt
6. Motivation (Sta. Maria, M., Persons and Family
Relations, 2010, p. 681).
Who may be adopted: (Sec. 8) (DARILL)
1. Child whose biological or adoptive parents have died,
provided that no proceedings shall be initiated within 6
months from the time of death of said parents
2. Any person below 18 years of age who has been
voluntarily committed to the DSWD under P.D. 603 or
judicially declared available for adoption
3. Child whose adoption has been previously rescinded
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4. Illegitimate child of a qualified adopter to improve the
child’s status
5. Legitimate child of the other spouse
6. A person of legal age, who, prior to the adoption, has
been consistently considered by the adopter as his/her
own child since minority
Consent in adoption (Sec. 9) (A-BALIS)
The written consent of the following is required:
1. The adoptee, if he is 10 years of age or older;
2. Known biological parents or legal guardians or proper
government instrumentality which has legal custody of
the child;
3. Legitimate/adopted children, 10 years old or over, of the
adopter and adoptee;
4. The illegitimate children, 10 years old or over, of the
adopter if living with the adopter and the latter's spouse;
5. Spouse of the adopter and adoptee
Note: An alleged capability to support an adoptee through
the help of other persons is not enough to support a
petition for adoption. According to the SC, adoption is
personal between the adopter and adoptee; the adopter
should be in a position to support the would-be adopted
child in keeping with the means of the family (Landingin v.
Republic, GR No 164948, June 27, 2006).
Sec.9 of R.A. 8552 provides that if the written consent of
the biological parents cannot be obtained, the consent of
the legal guardian must be sought. To dispense with the
requirement of written consent, the abandonment must be
shown to have existed at the time of adoption and evinces
a settled purpose to forego all parental duties. The written
consent of the biological parents is indispensable for the
validity of a decree of adoption. The natural right of parent
to child requires that consent be obtained before parental
rights and duties may be terminated and re-established in
adoptive parents. (Landingin vs. Republic,ibid).
Effectivity of decree of adoption (Sec. 13)
A decree of adoption shall be effective as of the date the
original petition was filed. This applies also in case
petitioner dies before the issuance of the adoption decree,
to protect the interest of the adoptee.
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In Tamargo vs. CA (209 SCRA 518, G.R. No. 85044 June
3, 1992), where the petition for adoption was granted after
the child had shot and killed a girl, the SC did not consider
the retroactive effect of the decree of adoption so as to
impose a liability upon the adopting parents accruing at
the time when they had no actual or physical custody over
the adopted child. It held that retroactive effect may be
given where such is essential to permit the accrual of
some benefit or advantage in favor of the adopted child.
To hold that parental authority had been retroactively
lodged in the adopting parents so as to burden them with
liability for a tortuous act that they could neither have
foreseen nor prevented would be unfair and
unconscionable.
Middle name of adopted child
The illegitimate child subsequently adopted by his/her
natural father is permitted to use as her middle name the
surname of her natural mother for the following reasons:
1. It is necessary to preserve and maintain the child’s
filiation with her natural mother because under Art. 189
of the Family Code, she remains to be an intestate heir
of the latter. To prevent any confusion and needless
hardship in the future, her relationship or proof of that
relationship with her natural mother should be
maintained;
2. There is no law expressly prohibiting the adopted to use
the surname of her natural mother as her middle name.
What the law does not prohibit, it allows; and
3. It is customary for every Filipino to have a middle name,
which is ordinarily the surname of the mother (In the
Matter of the Adoption of Stephanie Nathy Astorga
Garcia, G.R. No. 148311, March 31, 2005).
Effects of Adoption: (SAL)
1. Severance of legal ties between the biological parents
and the adoptee, which shall be vested in the adopters.
Exception: if the biological parent is the spouse of the
adopter (Sec. 16).
2. Adoptee shall be considered as a legitimate child of the
adopter(s) for all intents and purposes (Sec. 17).
3. In legal or intestate succession, the adoptee and the
adopter(s) shall have reciprocal rights of succession
without distinction from legitimate filiation. However, if
there is a will, the rules on testamentary succession
shall be followed (Sec. 18).
Note: Once an adoption decree is issued, it cannot be
attacked collaterally as in their action for partition, but in a
 CIVIL LAW
direct proceeding frontally addressing the issue (Sayson
vs. CA, G.R. Nos. 89224-25 January 23, 1992).
Rescission of adoption (Sec. 19) - by ADOPTEE ONLY
Grounds: (ASAR)
1. Attempt on the life of the adoptee
2. Sexual assault or violence
3. Abandonment and failure to comply with parental
obligations
4. Repeated physical or verbal maltreatment by the
adopter despite having undergone counseling
Note: Adoption shall not be subject to rescission by the
adopters. However, the adopters may disinherit the
adoptee for causes provided under Art 919 of the Civil
Code (Sec. 19).
An adoptee refused to use the surname of the adopter
though already adopted. The adopter sought to
rescind/revoke the Decree of Adoption (DOA), but the
Domestic Adoption Act (R.A. 8552) which removes the
right of adopter to challenge the validity of the DOA
became effective. SC held that the adopter may disinherit
the adoptee, and that the latter has the sole right to
challenge the DOA (Lahom v. Sibulo, G.R. No 143989,
July 14, 2003).
Disinheritance of adoptee by adopter
Grounds: (Art. 919, NCC) (GAMM-CARD)
1. Groundless accusation against the testator of a crime
punishable by six (6) years or more imprisonment
2. Found guilty of an attempt against the life of the
testator, his/her spouse, descendants or ascendants
3. Causes the testator to make or changes a testator’s will
through violence, intimidation, fraud or undue influence
4. Maltreatment of the testator by word or deed
5. Conviction of a crime which carries the penalty of civil
interdiction
6. Adultery or concubinage with testator’s spouse
7. Refusal without justifiable cause to support the parent
or ascendant
8. Leads a dishonorable or disgraceful life.
Effects of rescission: (Sec. 20) (PRAS)
1. Parental authority of adoptee’s biological parents or
legal custody of DSWD shall be restored if adoptee is
still a minor or incapacitated.
2. Reciprocal rights and obligations of the adopter(s) and
the adoptee to each other shall be extinguished.
3. Amended certificate of birth of the adoptee shall be
cancelled and its original shall be restored.
4. Succession rights shall revert to their status prior to the
adoption, but vested rights shall be respected.
PERSONS & FAMILY RELATIONS
Being a legitimate child by virtue of adoption, it follows
that the child is entitled to all the rights provided by law to
a legitimate child. The adopted child remains an intestate
heir of his/her biological parents. Hence, she can well
assert her hereditary rights from her natural mother in the
future (In the matter of adoption of Stephanie Nathy
Astorga Garcia, GR No 148311 March 31, 2005).
Simulation of Birth
Is the tampering of the civil registry making it appear in the
birth records that a certain child was born to a person who
is not his/her biological mother, causing such child to lose
his/her true identity and status [R.A.8552 Art. 1 Sec. 3 (J)].
Punished by prision mayor in its medium and a fine not
exceeding P50, 000 under Sec. 21 (b) of the same law.
A crime defined and punished by Sec. 21 (b) of RA 8552
committed by any person who shall cause the fictitious
registration of the birth of a child under the names of
persons who are not his/her biological parents.
INTER-COUNTRY ADOPTION ACT OF 1995 (R.A. 8043)
The socio-legal process of adopting a Filipino child by a
foreigner or a Filipino citizen permanently residing abroad
where the petition is filed, the supervised trial custody is
undertaken, and the decree of adoption is issued outside
the Philippines [Sec. 3 (a)].
Who may be adopted (Sec. 8)
Only a “legally-free child” may be the subject of inter-
country adoption
Legally-free Child
A child who has been voluntarily or involuntarily
committed to the DSWD of the Philippines, in accordance
with the Child Youth and Welfare Code [Sec. 3 (f)]
No child shall be matched to a foreign adoptive family
unless it is satisfactorily shown that the child cannot be
adopted locally (Sec. 11).
There shall be no physical transfer of a voluntarily
committed child earlier than six (6) months from the date
of execution of Deed of Voluntary Commitment except:
1. Adoption by a relative
2. Children with special medical conditions
Who may adopt (Sec. 9)
1. Any alien or
2. Filipino citizen, both permanently residing abroad
Conditions: (JAC-NERD--PQ)
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1. If married, his/her spouse must jointly file for the
adoption
2. At least 27 years of age and at least 16 years older than
the child to be adopted, at the time of the application
unless the adopter is:
a. Parent by nature of the child to be adopted or
b. Spouse of such parent
3. Capacity to act and assume all rights and
responsibilities of parental authority under his/her
national laws, and has undergone the appropriate
counseling from an accredited counselor in his/her
country
4. Has not been convicted of a crime involving moral
turpitude
5. Eligible to adopt under his/her national law
6. Agrees to uphold the basic rights of the child as
embodied under Philippine laws, the U.N. Convention
on the Rights of a Child, and to abide by the rules and
regulations issued to implement the Inter–Country
Adoption Act
7. Comes from a country with whom the Philippines has
diplomatic relations and whose government maintains a
similarly authorized and accredited agency and that
adoption is allowed under his/her national laws
8. In a position to provide the proper care and support and
to give the necessary moral values and examples to all
his children, including the child to be adopted
9. Possesses all the qualifications and none of the
disqualifications under the Inter–Country Adoption Act
and other applicable Philippine laws
Filing of application (Sec.10): Either with the Philippine
RTC having jurisdiction over the child OR with the Inter-
Country Adoption Board, through an intermediate agency
Inter-Country Adoption Board (Sec. 4)
It acts as the central authority in matters relating to inter-
country adoption.
The Board shall ensure that all possibilities for the
adoption of the child under the Family Code have been
exhausted and that inter–country adoption is in the best
interest of the child.
Supervision of trial custody (Sec. 14)
Mandatory period of 6 months from the time of placement
before a decree of adoption may be issued. During this
period, the adopting parents shall submit a progress
report of the child’s adjustment which shall be taken into
consideration in issuing the decree of adoption.
1. Starts upon actual physical transfer of the child to the
applicant who, as actual custodian, shall exercise
substitute parental authority over the person of the child
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(Sec. 44, Implementing Rules of RA 8043)
2. The adopting parent(s) shall submit to the governmental
agency or authorized and accredited agency, which
shall in turn transmit a copy to the Board, a progress
report of the child’s adjustment.
Disruption and termination of placement: (Sec. 47,
Implementing Rules of RA 8043)
In the event of serious damage in the relationship
between the child and applicant; or when the continued
placement is no longer in the best interests of the child:
a. The Board through the Central Authority shall take
necessary measures to protect the child, in particular
cause the child to be withdrawn from the applicant
and arrange for his temporary care
b. The Central Authority shall exhaust all means to
remove cause of unsatisfactory relationship
c. The Central Authority shall submit at complete report
to the Board as to the actions taken as well as
recommendations.
d. Based on the report submitted by the Central
Authority, the Board may terminate the pre-adoptive
relationship.
Note: If the pre-adoptive relationship is found
unsatisfactory by the child or the applicant or both, or if
the foreign adoption agency finds that the continued
placement of the child is not in the child’s best interest,
said relationship shall be suspended by the Board and the
foreign adoption agency shall arrange for the child’s
temporary care.
If a satisfactory pre-adoptive relationship is formed
between the applicant and the child, the Board shall
submit the written consent to the adoption to the foreign
adoption agency within 30 days after receipt of the latter’s
request.
A copy of the final decree of adoption of the child,
including certificate of citizenship/naturalization whenever
applicable, shall be transmitted by the foreign adoption
agency to the Board within 1 month after its issuance
(Sec. 53, Implementing Rules of RA 8043)
Presumption of illegal adoption: (Sec. 57, Implementing
Rules of RA 8043) (CPEN)
1. Consent for adoption was acquired through or attended
by coercion, fraud, improper material inducement
2. Procedures and safeguards provided by law for
adoption were not complied with
3. Has exposed or subjected the child to be adopted to
danger, abuse or exploitation
4. No authority to effect adoption from the Board
 CIVIL LAW
S UPPORT
Support
It comprises everything indispensable for sustenance,
dwelling, clothing, medical attendance, education and
transportation in keeping with the financial capacity of the
family (Art. 194).
Kinds: (LJC)
1. Legal – one required or given by law;
2. Judicial – required by the court to be given whether
pendente lite or in a final judgment;
3. Conventional – given by agreement.
Characteristics: (MR P2INE)
1. Mandatory
2. Reciprocal on the part of those who are by law bound to
support each other
3. Personal
4. Provisional character of support judgment
5. Intransmissible
6. Not subject to waiver or compensation
7. Exempt from attachment or execution
(A. Tolentino, Commentaries and Jurisprudence on the
Civil Code of the Philippines, Vol. I, 1990 ed. p. 575)
Persons obliged to support each other: (Art. 195)
1. Spouses
2. Legitimate ascendants and 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 provided:
Brothers and sisters NOT legitimately related whether
full or half-blood are likewise entitled to support to the
full extent under Art. 194 except when the need for
support of the brother or sister, being of age, is due to a
cause imputable to claimant’s fault or negligence (Art.
196)
Note: Art. 197 providing for the source from where the
support should be taken out highlights the fact that the
people enumerated in Art. 195 have a personal obligation
to support each other (Sta. Maria, M., Persons and Family
Relations, 2010, p. 763).
For support of legitimate ascendants, descendants
(legitimate/illegitimate), brothers and sisters
(legitimate/illegitimate), only separate property of person
obliged to give support shall be answerable. In the
PERSONS & FAMILY RELATIONS
absence of separate property, the CPG or ACP shall
advance support deductible from share of spouse obliged
upon liquidation (Art. 197).
In case of legitimate descendants which are the common
children of the spouse or the legitimate children of either
spouse. In which case, the ACP or CPG shall be
principally charged for their support as mandated by law in
Art. 94(1) and Art. 121(1). This is different from personal
support owing to them from the father or mother as
provided in Art. 194 and 197.
Order of liability if several persons obliged to give support:
(Art. 199) (SDAB)
1. Spouse
2. Descendants in the nearest degree
3. Ascendants in the nearest degree
4. Brothers and sisters
If the obligation to give support falls upon two or more
persons, payment shall be divided between them in
proportion to their resources. In case of urgent need and
special circumstances, the court may order only one of
them to furnish support provisionally subject to the right to
claim from the others the share due them (Art. 200).
When two or more recipients at the same time claim for
support and the person legally obliged to give does not
have sufficient means to satisfy all claims:
1. The order of liability provided by law shall be followed.
2. If the concurrent obligees should be the spouse and a
child subject to parental authority, the child shall be
preferred. (Art. 200)
In Mangonon vs. CA (G.R. No. 125041, June 30, 2006),
the Supreme Court ordered the grandfather, who was
proven to be well-off to support his grandchildren on the
basis of Art. 199, considering that their parents were not
capable of supporting the children.
If the obligation to give support falls upon two or more
persons, the payment shall be divided between them in
proportion to their resources. [Art. 200 (1st par)]
In case of or urgent need and special circumstances, the
court may order only one of them to furnish support
provisionally subject to the right to claim from the others
the share due them (Art. 200 [2nd par]).
When two or more recipients at the same time claim for
support and the person legally obliged to give does not
have sufficient means to satisfy all claims:
1. The order of liability provided by law shall be followed.
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2. If the concurrent obliges should be the spouse and a
child subject to parental authority, the child shall be
preferred (Art. 200 [3rd par]).
Obligation to give support arising from:
Spousal and general
Parental authority
familial ties
(Title IX)
(Title VIII)
Ends upon the Ideally lasts during the
emancipation of the child obligee’s lifetime
Pertains to parents, Passes on to the
passing to ascendants only ascendants not only upon
upon its termination or default of the parents but
suspension also for the latter’s inability
to provide sufficient support
(Lim vs. Lim, G.R. No. 163209, Oct. 30 2009)
The governing text are the relevant provisions in Title VIII
of the Civil Code, as amended, on Support, not the
provisions in Title IX on Parental Authority. While both
areas share a common ground in that parental authority
encompasses the obligation to provide legal support, they
differ in other concerns including the duration of the
obligation and its concurrence among relatives of differing
degrees. Thus, although the obligation to provide support
arising from parental authority ends upon the
emancipation of the child, the same obligation arising from
spousal and general familial ties ideally lasts during the
obligee’s lifetime.. Also, while parental authority under
Title IX (and the correlative parental rights) pertains to
parents, passing to ascendants only upon its termination
or suspension, the obligation to provide legal support
passes on to ascendants not only upon default of the
parents but also for the latter’s inability to provide
sufficient support. (Lim vs. Lim, G.R. No. 163209, October
30, 2009)
Requisites in order for support from stranger to be
reimbursable:
Under Art. 206:
1. Stranger gives support to another person with the
intention to be reimbursed; and
2. Person obliged to give support to the recipient does not
have knowledge of the stranger’s act
Under Art. 207:
1. There is an urgent need to be supported on the part of
the recipient;
2. The person obliged to support unjustly refuses or fails to
give the support; and
3. A third person furnishes the support to the needy
individual.
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Support from Stranger
1. When, without the knowledge of the person obliged to
give support, it is given by a stranger, the latter shall
have a right to claim the same from the former, unless it
appears that he gave it without any intention of being
reimbursed (Art 206)
2. When the person obliged to support another unjustly
refuses or fails to give support when urgently needed by
the latter, any third person may furnish support to the
needy individual, with a right of reimbursement from the
person obliged to give support (Art. 207)
Logically, the sisters would, thru their mother, turn to their
uncle (Noel Daban) for their sustenance and education
when petitioner (their father) failed to give the same, a
failing which stretched from their pre-schooling days to
their college years. Since such failure has been
established, it is not amiss to deduce, as did the trial court
and the CA, that Noel Daban who, owing to consideration
of kinship, had reasons to help, indeed lent his sister Lea
money to support her children. Mention may also be made
that, contextually, the resulting juridical relationship
between the petitioner and Noel Daban is a quasi-
contract, an equitable principle enjoining one from unjustly
enriching himself at the expense of another (Lacson vs.
Lacson, G.R. No. 150644 August 28, 2006).
Support Pendente Lite (Art. 198 in relation to Rule 61 of
the Rules of Court)
During the proceedings for legal separation or for
annulment of marriage, and for declaration of nullity of
marriage, the spouses and their children shall be
supported from the properties of the absolute community
or the conjugal partnership.
Mutual support between the spouses ceases after final
judgment.
In case of legal separation, the court may order the guilty
spouse to support the innocent spouse.
In determining the amount to be awarded as support
pendent lite, it is not necessary to go fully into the merits
of the case, it being sufficient that the court ascertain the
kind and amount of evidence it may deem sufficient to
enable it to justly resolve the application, one way or the
other, in view of the merely provisional character of the
resolution to be entered. Mere affidavits may satisfy the
court to pass upon the application for support pendente
lite. It is enough that the facts be established by affidavits
or other documentary evidence appearing in the record
(Reyes vs. Ines-Luciano, G.R. No. L-48219 February 28,
 CIVIL LAW
1979).
Amount of support
It shall be in proportion to the resources or means of the
giver and to the necessities of the recipient (Art. 201, See
Lam vs. Chua, G.R. No.131286. March 18, 2004). It shall
be increased or reduced proportionately, according to the
increase or reduction of necessities of the recipient and
the resources or means of the person obliged (Art. 202).
Support is rooted on the fact that the right and duty to
support, especially the right to education, subsists even
beyond the age of majority (Estate of Hilario M. Ruiz vs.
CA, G.R. No. 118671, January 29, 1996).
Demand for support (Art. 203)
The obligation to give support shall be demandable from
the time the person who has a right to receive the same
needs it for maintenance, but it shall not be paid except
from the date of judicial or extrajudicial demand.
Support must be demanded and the right to it established
before it becomes payable. For the right to support does
not arise from the mere fact of relationship, even from
relationship of parents and children, but from ‘imperative
necessity’ without which it cannot be demanded, and the
law presumes that such necessity does not exist unless
support is demanded. (Sy vs. CA, G.R. No. 124518, Dec.
17, 2007)
Payment of the amount for support starts only from the
time support has been judicially or extra-judicially
demanded for the right to support does not arise from the
mere fact of relationship but from imperative necessity
without which it cannot be demanded, and the law
presumes that such necessity does not exist, unless
support is demanded (Jocson vs. Empire Insurance Co.,
G.R. No. L-10792, April 30, 1958).
Performance of obligation to support (Art. 204)
1. Paying the allowance fixed; or
2. Receiving and maintaining in the family dwelling the
person who has a right to receive support provided that
there is no moral or legal obstacle to do so.
Note: The law provides that the husband, who is obliged
to support the wife, may fulfill the obligation either by
paying her a fixed pension or by maintaining her in his
own home at his option. However, this option given by
law is not absolute. The law will not permit the husband to
evade or terminate his obligation to support his wife if the
wife is driven away from the conjugal home because of his
wrongful acts. In the case at bar, the wife was forced to
PERSONS & FAMILY RELATIONS
leave the conjugal abode because of the lewd designs
and physical assault of the husband, she can therefore
claim support from the husband for separate maintenance
even outside the conjugal home (Goitia vs. Campos-
Rueda G.R. No. G.R. No. 11263, November 2, 1916).
As to how the obligation to support can be performed, Art.
204 provides that the person obliged to give support shall
have the option to fulfill the obligation either by paying the
allowance fixed, or by receiving and maintaining in the
family dwelling the person who has the right to receive
support. The latter alternative cannot be availed of in case
there is a moral or legal obstacle thereto, such as the
strained relationship between the parties (Ma. Belen B.
Mangonon vs. CA, G.R. No. 125041, June 30, 2006).
Exemption of support from attachment or execution
The right to receive support as well as money or property
obtained as such support shall not be levied upon on
attachment or execution (Art. 205). But in case of
contractual support or that given by will, the excess in
amount beyond that required for legal support shall be
subject to levy on attachment or execution (Art. 208).
Only salary "due" the judgment debtor is subject to
attachment and execution, and then only if it is not made
to appear by the affidavit of the debtor or otherwise that
such earnings are necessary for the support of his family.
Under the Revised Rules, so much of the earnings of the
debtor for his personal services within the month
preceding the levy as are necessary for the support of his
family (Sec. 12, Rule 39) is exempt from execution
(Avendaño vs. Alikapala, G.R. No. L-21189 November
28, 1964).
P ARENTAL A UTHORITY (PA)
Parental authority is the sum total of the right of the
parents over the persons and property of their
unemancipated children. It is pursuant to the natural right
and duty of parents over the same and it includes caring
for and rearing of such children for civic consciousness
and efficiency and the development of their moral and
physical character and well-being (Art. 209).
Parental Preference Rule
The natural parents, who are of good moral character and
who can reasonably provide for the child, are ordinarily
entitled to custody as against all other persons (Sta.
Maria, M., Persons and Family Relations, 2010, p. 789).
Parental authority and responsibility are inalienable and
may not be transferred or renounced except in cases
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authorized by law. The right attached to parental authority,
being purely personal, the law allows a waiver of parental
authority only in cases of adoption, guardianship and
surrender to a children’s home or an orphan institution.
When a parent entrusts the custody of a minor to another,
such as a friend or godfather, even in a document, what is
given is merely temporary custody and it does not
constitute a renunciation of parental authority. Even if a
definite renunciation is manifest, the law still disallows the
same. The father and mother, being the natural guardians
of unemancipated children, are duty-bound and entitled to
keep them in their custody and company (Sagala-Eslao
vs. CA, G.R. No. 116773, January 16, 1997).
The right of custody accorded to parents springs from the
exercise of parental authority. (Santos vs. CA, G.R. No.
113054 March 16, 1995)
Rules on the exercise of parental authority
Joint parental authority by the father and mother over the
persons of their common children, whether legitimate or
illegitimate. In case of disagreement, the father’s decision
shall prevail unless there is a judicial order to the contrary
(Art. 211)
Under Art. 176, parental authority of illegitimate children is
generally with the mother. To harmonize Art. 176 with Art.
211, joint parental authority may be exercised over
illegitimate children if:
1. The father is certain, and
2. The illegitimate children are living with the said father
and mother who are cohabiting without the benefit of
marriage or under a void marriage not falling under Arts.
36 and 53.( Sta. Maria, M., Persons and Family
Relations, 2010, p. 781)
Note: The recognition by the father could be a ground for
ordering him to give support, but not custody of the child.
Only if the mother defaults can the father assume such
custody or authority. Only the most compelling of reasons,
such as the mother’s unfitness to exercise sole parental
authority shall justify deprivation of her parental authority
and the award of custody to someone else (Briones vs.
Miguel, G.R. No. 156343 October 18, 2004).
Duties of Children towards their Parents
1. To observe respect and reverence toward their parents;
2. To obey their parents as long as they are under their
parental authority.
Rule of filial privilege
No descendant shall be compelled, in a criminal case, to
testify against his parents and grandparents, except when
such testimony is indispensable in a crime against the
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CIVIL LAW
descendant or by one parent against the other (Art. 215,
FC in relation to Sec. 25, Rule 130 of the Rules on
Evidence)
In Emma Lee vs. CA (G.R. No. 177861, July 13, 2010),
the person (Tiu) who invoked the filial privilege, claims
that she is the stepmother of petitioner Lee. The Supreme
Court declared that the privilege cannot apply because the
rule applies only to “direct” ascendants and descendants,
a family tie connected by a common ancestry. A
stepdaughter does not have a common ancestry by her
stepmother. Relative thereto, Art. 965 of the NCC
provides that the direct line is either descending or
ascending. The former unites the head of the family with
those who descend from him. The latter binds a person
with those from whom he descends. Consequently, Tiu
can be compelled to testify against petitioner Emma Lee.
This rule is not strictly a rule on disqualification because a
descendant is not incompetent or disqualified to testify
against an ascendant. The rule refers to a privilege not to
testify, which can be invoked or waived like other
privileges. As correctly observed by the lower court, Elven
was not compelled to testify against his father; he chose
to waive that filial privilege when he voluntarily testified
against Artemio. Elven declared that he was testifying as
a witness against his father of his own accord and only "to
tell the truth” (People vs. Invencion, G.R. No. 131636
March 5, 2003).
In line with the filial privilege under Art. 215 of the Family
Code is the marital privilege provided for under Sec. 24
(a) of Rule 130 of the Rules of Court which states that:
The husband or the wife, during or after the marriage,
cannot be examined without the consent of the other as to
any communication received in confidence by one from
the other during the marriage except in a civil case by one
against the other, or in a criminal case for a crime
committed by one against the other or the latter's direct
descendants or ascendants.
Rules in case parental authority cannot be exercised
jointly (Art. 212 to 214)
Cause of absence of Effect on parental
parent authority
Absence or death of one PA continued by the
parent parent present or
surviving parent
In case of remarriage of PA continued to be
the surviving parent exercised by surviving
parent unless court
appoints another person
a guardian
 CIVIL LAW
Note: The new spouse,
by virtue of his or her
marrying the surviving
parent, does not
automatically possess
parental authority over
the children of the
surviving parent unless
such new spouse
adopts the children.
(Sta. Maria, M., Persons
and Family Relations,
2010, p. 784)
Legal separation of PA shall be exercised
parents by the parent
designated by the court
Exception:
If child is under seven
years old, the mother
shall have custody over
said child.
Exception to the
exception:
Unless the court finds
compelling reasons to
order otherwise.
Death, absence or Substitute parental
unsuitability of both authority shall be
parents exercised by the
surviving grandparent.
In case several survive,
the court shall consider
the best interests of the
child in the designation.
Doctrines regarding the maternal preference granted by
Art. 213 par. 2 as decided in Dacasin vs. Dacasin (G.R.
No. 168785 February 5, 2010)
Maternal preference cannot be subject to an agreement
between the separated spouses: Indeed, the separated
parents cannot contract away the provision in the Family
Code on the maternal custody of children below seven
years anymore than they can privately agree that a
mother who is unemployed, immoral, habitually drunk,
drug addict, insane or afflicted with a communicable
disease will have sole custody of a child under seven as
these are reasons deemed compelling to preclude the
application of the exclusive maternal custody regime
under the second paragraph of Article 213.
PERSONS & FAMILY RELATIONS
As to the bias favoring the mother over the father in case
of separation: At any rate, the rule’s seeming harshness
or undesirability is tempered by ancillary agreements the
separated parents may wish to enter such as granting the
father visitation and other privileges. These arrangements
are not inconsistent with the regime of sole maternal
custody under the second paragraph of Article 213 which
merely grants to the mother final authority on the care and
custody of the minor under seven years of age, in case of
disagreements.
As to the limited period of application of preference:
Further, the imposed custodial regime under the second
paragraph of Article 213 is limited in duration, lasting only
until the child’s seventh year. From the eighth year until
the child’s emancipation, the law gives the separated
parents freedom, subject to the usual contractual
limitations, to agree on custody regimes they see fit to
adopt.
Writ of habeas corpus in child custody cases
Habeas corpus may be resorted in cases where rightful
custody is withheld from a person entitled thereto
(Salientes vs. Abanilla G.R. No. 162734 August 29, 2006).
The controversy does not involve the question of personal
freedom, because an infant is presumed to be in the
custody of someone until he attains majority age. In
passing on the writ in a child custody case, the court deals
with a matter of an equitable nature. Not bound by any
mere legal right of parent or guardian, the court gives his
or her claim to the custody of the child due weight as a
claim founded on human nature and considered generally
equitable and just. Therefore, these cases are decided,
not on the legal right of the petitioner to be relived from
unlawful imprisonment or detention, as in the .case of
adults, but on the court’s view of the best interests of
those whose welfare requires that they be in custody of
one person or another. Hence, the court is not bound to
deliver a child into the custody of any claimant or of any
persons, but should, in the consideration of the facts,
leave it in such custody as its welfare at the time appears
to require. In short, the child’s welfare is the supreme
consideration (Sombong vs. CA, G.R. No.
111876. January 31, 1996).
Maternal Preference/ Tender Years Rule
General Rule: No child under 7 years of age shall be
separated from the mother.
Exception: When the court finds compelling reason to
order otherwise. The welfare and well-being of the child is
the paramount consideration in awarding custody.
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SUBSTITUTE PARENTAL AUTHORITY (Art. 216)
Persons who will exercise parental authority in the default
of parents or a judicially appointed guardian, in the order
indicated:
1. Surviving grandparent
2. Oldest brother or sister over 21 years of age unless
unfit or disqualified
3. Actual custodian over 21 years of age unless unfit or
disqualified
The same order of preference shall be observed when
appointment of guardian over property of child becomes
necessary.
Private respondents' (grandparents) demonstrated love
and affection for the boy, notwithstanding, the legitimate
father is still preferred over the grandparents. The latter's
wealth is not a deciding factor, particularly because there
is no proof that at the present time, petitioner is in no
position to support the boy. The fact that he was unable to
provide financial support for his minor son from birth up to
over three years when he took the boy from his in-laws
without permission, should not be sufficient reason to strip
him of his permanent right to the child's custody. While
petitioner's previous inattention is inexcusable and merits
only the severest criticism, it cannot be construed as
abandonment. His appeal of the unfavorable decision
against him and his efforts to keep his only child in his
custody may be regarded as serious efforts to rectify his
past misdeeds. To award him custody would help
enhance the bond between parent and son. It would also
give the father a chance to prove his love for his son and
for the son to experience the warmth and support which a
father can give (Santos vs. CA, G.R. No. 113054 March
16, 1995).
Note: The person exercising substitute parental authority
shall have the same authority over the person of the child
as the parents (Art. 233).
Rule in case of foundlings, abandoned, neglected or
abused children and other children similarly situated: (Art.
217)
Foundling
Newborn child abandoned by its parents who are
unknown (Bouvier’s Law Dictionary, 3rd Revision, p. 1293)
Abandoned child
One who has no proper parental care or guardianship, or
those whose parents or guardians have deserted him for a
period of at least six continous months [Art. 141 (2), PD
603]
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Neglected child
One whose basic needs have been deliberately
unattended or inadequately attended and may be done
through physical or emotional neglect [Art. 141 (3), PD
603]
Abused child
Can come within the emotionally-neglected child (Sta.
Maria, M., Persons and Family Relations, 2010, p. 804)
Parental authority shall be entrusted in summary judicial
proceeding to:
1. Heads of children’s homes,
2. Orphanages, or
3. Similar institutions duly accredited by the proper
government agency (Art. 217)
SPECIAL PARENTAL AUTHORITY (Art. 218 and 219)
Can only be exercised over minors while under their
supervision, instruction or custody. The authority and
supervision also attach to all authorized activities whether
inside or outside the school, entity or institution.
The following shall be held principally and solidarily liable
for damages caused by the acts or omissions of the
unemancipated minor:
1. School
No distinction between academic or non-academic (arts
and trades)
Note: In Amadora vs. CA (G.R. No. L-47745 April 15,
1988), the Court has come to the conclusion that the
Art. 218 and 219 should apply to all schools, academic
as well as non-academic. Where the school is academic
rather than technical or vocational in nature,
responsibility for the tort committed by the student will
attach to the teacher in charge of such student,
following the first part of the provision. This is the
general rule. In the case of establishments of arts and
trades, it is the head thereof, and only he, who shall be
held liable as an exception to the general rule. In other
words, teachers in general shall be liable for the acts of
their students except where the school is technical in
nature, in which case it is the head thereof who shall be
answerable. Following the canon of reddendo singula
singulis "teachers" should apply to the words "pupils
and students" and "heads of establishments of arts and
trades" to the word "apprentices."
2. Administrators and teachers
3. Individual, entity or institution engaged in child care
As held in the case of Palisoc vs. Brillantes (G.R. No. L-
29025 October 4, 1971), the phrase "so long as (the
 CIVIL LAW PERSONS & FAMILY RELATIONS

students) remain in their custody" means the protective
and supervisory custody that the school and its heads and
teachers exercise over the pupils and students for as long
as they are at attendance in the school, including recess
time. There is nothing in the law that requires that for such
liability to attach, the pupil or student who commits the
tortious act must live and board in the school. In the view
of the Court, the student is in the custody of the school
authorities as long as he is under the control and influence
of the school and within its premises, whether the
semester has not yet begun or has already ended.
Note: In no case shall the persons exercising special
parental authority inflict corporal punishment upon the
child (Art. 233).
their parental authority.
The principle of parental liability (under Art. 221) is a
species of vicarious liability, or the doctrine of imputed
negligence where a person is not only liable for torts
committed by himself, but also for torts committed by
others with whom he has a certain relationship and for
whom he is responsible. Parental liability is, in other
words, anchored upon the parental authority coupled with
the presumed parental dereliction in the discharge of the
duties accompanying such authority (Tamargo vs. CA,
G.R. No. G.R. No. 85044 June 3, 1992).

SPECIAL PARENTAL AUTHORITY AND SUBSTITUTE Liability

PARENTAL AUTHORITY DISTINGUISHED
Special PA Substitute PA
Rests on the theory that Exercised in case of
while the child is in the death, absence, or
care and custody of the unsuitability of parents
person/s exercising
special parental
authority, the parents
temporarily relinquish
parental authority
Concurrent with parental NOT exercised
authority concurrently with the
exercise of parents
Liability is principal and Liability is only
solidary with the minor subsidiary, that is, only if
under their custody the persons with special
parental authority
cannot satisfy their
liability.
Defense of exercise the No such defense is
proper diligence available in case of acts
required under the or omissions committed
particular circumstances while the child is in the
may extinguish liability custody of the person
exercising special
parental authority.
In acts and omissions
committed outside the
custody of the school,
entity or institution, for
the primary liability of
the parents to attach
under Art. 221, the
unemancipated child
must be living in their
company AND under
Vicarious Liability or Imputed Negligence: Parents and
other persons exercising PA shall be civilly liable for
injuries and damages caused by acts or omissions of their
unemancipated children living in their company and under
their PA subject to appropriate defenses provided by law.
(Art. 221)
Persons Exercising Special PA shall be principally and
solidarily liable for damages caused by acts or omissions
of the unemancipated minor.
The parents, judicial guardians or Persons Exercising
Substitute PA shall be subsidiarily liable.
Note: Liability will not attach if it is proved they exercised
the proper diligence required under the particular
circumstances (Art. 219)
EFFECTS OF PARENTAL AUTHORITY
I. Upon the Person of the Children
Rights and duties of parents and those exercising parental
authority (Art. 220)
1. To keep them in their company, to support, educate
and instruct them by right precept and good example,
and to provide for their upbringing in keeping with their
means;
2. To give them love and affection, advice and counsel,
companionship and understanding;
3. To provide them with moral and spiritual guidance,
inculcate in them honesty, integrity, self-discipline, self-
reliance, industry and thrift, stimulate their interest in
civic affairs, and inspire in them compliance with the
duties of citizenship;

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4. To furnish them with good and wholesome educational
materials, supervise their activities, recreation and
association with others, protect them from bad
company, and prevent them from acquiring habits
detrimental to their health, studies and morals;
5. To represent them in all matters affecting their
interests;
6. To demand from them respect and obedience;
7. To impose discipline on them as may be required
under the circumstances; and
8. To perform such other duties as are imposed by law
upon parents and guardians.
ten per centum (10%) of the value of the property or
annual income, to guarantee the performance of the
obligations prescribed for general guardians.
Fruits and profits of industry of child:
a. Owned by the child;
b. Shall be devoted exclusively to the child’s support
and education unless the title or transfer provides
otherwise.
c. Parent may only use such fruits and income shall be
limited primarily to the child's support and secondarily
to the collective daily needs of the family.

Procedure for imposing discipline on the child (Art. 223) Administration of parents’ property by unemancipated
1. Parent or person exercising parental authority, may child (Art. 227)
petition the proper court of the place where the child 1. The net proceeds of such property shall belong to the
resides, for an order providing for disciplinary measures parents-owner.
over the child. 2. The child shall be given a reasonable monthly
a. Relief prayed for may include commitment in an allowance in an amount not less than that which the
institution in child care duly accredited by the proper owner would have paid if the administrator were a
government authority for not more than 30 days. stranger, unless the owner, grants the entire proceeds
b. If petition is granted, parent shall not interfere with to the child.
the implementation of the decision but shall continue 3. The proceeds given in whole or in part shall not be
to provide for his support. charged to the child's legitime.
Kinds of Properties of a Minor
2. There will be a summary hearing and the child shall be Adventitious (Art. 226) Profectitious (Art. 227)
entitled to the assistance of counsel, either of his choice
or appointed by the court. Earned or acquired by the
Property given by the
3. If in the same proceeding the court finds the petitioner child through his work or
parents to the child for the
at fault, irrespective of the merits of the petition, or when industry by onerous or
latter to administer
the circumstances so warrant, the court may also order gratuitous title
the deprivation or suspension of parental authority or Owned by the child Owned by the parents
adopt such other measures as it may deem just and Child is also the
proper. usufructuary, but the child’s
4. The court may terminate the commitment of the child Parents are the
use of the property shall be
whenever just and proper (Art. 224) usufructuary
secondary to the collective
daily needs of the family
II. Upon the Property of the Children (Art. 225 and 226)
The father and the mother shall jointly exercise legal Property administered by Property administered by
guardianship over the property of the unemancipated the parents the child
common child without the necessity of a court
appointment. Note: The courts may appoint a guardian of the child’s
property, or a guardian ad litem when the best interests of
In case of disagreement, the father's decision shall the child so require. (Art. 222)
prevail, unless there is a judicial order to the contrary.
SUSPENSION AND TERMINATION OF PARENTAL
Note: Two cases where a parent cannot be the AUTHORITY (Art. 228 and 229)
administrator of the property of his children under the
provisions on succession, Art. 923 and Art. 1035 of the Grounds for suspension: (CHOBAN)
Civil Code. 1. Conviction of a crime with the penalty of civil interdiction
2. Harsh or cruel treatment against the child
Exception: Parents are required to file a bond where the 3. Orders, counsel and example which are corrupting,
market value of the property or the annual income of the given by the person exercising authority
child exceeds P50,000. The bond shall not be less than 4. Child is compelled to beg

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5. Subjecting child or allowing child to be subjected to acts induce, deliver or offer a minor under his custody to
of lasciviousness, persons described and enumerated in Sec. 10 (b).
6. Negligence, which is culpable, committed by the person
exercising authority (Art. 231)
E MANCIPATION
Note: The suspension or deprivation may be revoked and
parental authority revived if the court finds that the cause Emancipation takes place by the attainment of the age of
has ceased and will not be repeated. (Art. 231 par. 4) majority. Unless otherwise provided, majority commences
at the age of eighteen years. (Art 234 as amended by RA
In case of civil interdiction, the authority is automatically 6809)
reinstated upon service of penalty or pardon or amnesty of
the offender. There is no need of a court order. (Art. 230) Effect of Emancipation
Emancipation for any cause shall terminate parental
authority over the person and property of the child who
shall then be qualified and responsible for all acts of civil
life, save the exceptions established by existing laws in
Grounds for termination of parental authority special cases (Art 236 as amended by RA 6809).
Permanent (Art. 228 and
Temporary (Art. 229)
232) Upon the effectivity of this Act (December 13, 1989),
Death of the parents Adoption of the child existing wills, bequests, donations, grants, insurance
policies and similar instruments containing references and
Appointment of a general provisions favorable to minors will not retroact to their
Death of the child
guardian prejudice (Sec, 4, RA 6809).
Emancipation of the child Judicial declaration of
abandonment
S UMMARY J UDICIAL
If the person exercising
parental authority has P ROCEEDINGS IN THE F AMILY
Final judgment divesting the L AW
subjected the child or
parents of parental authority
allowed him to be subjected
to sexual abuse Actions requiring summary judicial proceedings under the
Family Code:
Judicial declaration of
1. To obtain a judicial declaration of presumptive death for
absence or incapacity of the
the purpose of contracting a subsequent marriage (Art.
parents exercising parental
41)
authority over the child.
2. In case of legally separated spouses, when the consent
of one spouse to any transaction of the other is required
Notes: Sec. 10 (b) of the RA 7610 punishes any person by law, judicial authorization shall be obtained in a
who shall keep or have in his company a minor: summary proceeding (Art. 100 [2])
a. Who is 12 years old or younger in any public or 3. In case of legally separated spouses, when the
private place, hotel, motel, beer joint, discotheque, community property is not sufficient for the support of
cabaret, pension house, sauna or massage parlor, the family each spouse is liable with his/her separate
beach and/or other tourist resort or similar places; or property. The spouse present shall petition the court for
b. Who is 10 or more years his junior, in the places the administration of the specific separate property of
enumerated in (a). the other spouse and the use the fruits or proceeds to
satisfy the latter’s share (Art. 100 [3]).
The same provision expressly provides that it does not 4. To confer parental authority over foundlings,
apply to any person who is related to the minor within the abandoned, neglected, and abused children to heads of
fourth degree of consanguinity or affinity or any bond children’s homes and orphanages (Art. 217)
recognized by law, local custom and tradition or acts in 5. To provide for disciplinary measures over the child at
the performance of a social, moral or legal duty. the motion of the parents or any person exercising over
parental authority (Art. 223)
However, Sec. 10 (c) of RA 7610 provides as penalty, 6. For the filing of a bond to enable the parents of a minor
among others, the loss of parental authority to any to exercise of legal guardianship latter’s properties,
ascendant, stepparent or guardian of a minor, who shall

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when the value of said properties exceed Php 50,000 2. The funeral shall be in keeping with the social position
(Art. 225) of the deceased (Art. 306 NCC)
7. Determination of the value of the presumptive legitimes 3. The funeral shall be in accordance with the expressed
in cases of partition of the conjugal dwelling (Art. 51) wishes of the deceased
8. In case of disagreement in fixing the family domicile a. In the absence of the expressed wishes, his
(Art. 69) religious beliefs or affiliation shall determine funeral
9. In case of objection to a spouse’s exercise of legitimate rites
profession (Art. 73) a. In case of doubt, the persons in Art. 199, FC
10. In case of disagreement in the administration and shall decide, after consulting other members of the
enjoyment of the community property/conjugal family (Art. 307 NCC)
partnership (Art. 96, 124) 4. No human remains shall be retained, interred, disposed
of or exhumed without the consent of the persons in Art.
Procedure: (Art. 239-248) F-NOPED-J 199, FC (Art. 308 NCC)
1. Upon filing of verified petition in the family court where 5. Any person who disrespects the dead or allows the
the spouses reside (or in the RTC, if there is no family same or wrongfully interferes with a funeral shall be
court), jurisdiction of said court over the petition shall liable for damages (Art. 309 NCC)
attach upon proof of notice to the other spouse. 6. If the deceased is married, the tombstone or
2. Notice to the non-petitioning spouse shall include a mausoleum is deemed a part of the funeral expense
show cause order why the petition should not be and chargeable against ACP or CPG (Art. 310 NCC)
granted
3. The non-petitioning spouse is given the opportunity to U SE OF S URNAMES
answer on or before the date set for the initial
conference as indicated in the notice.
Child Surname
4. The preliminary conference shall be conducted by the
Legitimate Surname of father
judge personally, and the spouses shall not be
accompanied by counsel. After the initial conference, Legitimated Surname of father
the spouses may be assisted by counsel at the court’s Conceived before the
discretion. decree annulling a voidable Surname of father
5. The court may proceed ex parte and render judgment if marriage
despite all efforts, the non-petitioning spouse does not Generally, surname of
appear. mother. May use surname
6. If both spouses are present during the initial conference of father if filiation has been
and the petition is not resolved then, the petition shall expressly recognized by
be decided in a summary hearing on the basis of the father through the
affidavits submitted. Illegitimate record of birth appearing in
7. The judgment of the court shall be immediately final and the civil register, or when
executory. an admission in a public
document or private
handwritten instrument is
F INAL P ROVISIONS made by the father.
Adopted Surname of adopter
Retroactive Effect
The Family Code shall have retroactive effect insofar as it Rules on the surname of a married woman (Art. 307)
does not prejudice or impair vested or acquired rights in 1. A married woman may use:
accordance with the Civil Code or other laws (Art 256). a. Her maiden first name and surname and add her
husband's surname (ex: Maria Aquino-dela Cruz) or
F UNERALS b. Her maiden first name and her husband's surname
(ex: Maria dela Cruz) or
General Guidelines: c. Her husband's full name, but prefixing a word
1. Duty and right to make arrangement for funerals is in indicating that she is his wife, such as "Mrs.” (ex: Mrs.
accordance with right and duty to support under Article Juan dela Cruz)
199, FC. In case of descendants of the same degree, or
brothers and sisters, the eldest shall be preferred (Art. 2. In case of annulment of marriage (Art. 371):
305 NCC).

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a. If the wife is the guilty party, she shall resume her
maiden name and surname.
b. 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:
i. The court decrees otherwise, or
ii. She or the former husband is married again to
another person.
3. When legal separation has been granted, the wife shall
continue using her name and surname employed before
the legal separation. (Art. 372)
Note: The language of the statute is mandatory that the
wife, even after the legal separation has been decreed,
shall continue using her name and surname employed
before the legal separation. This is so because her
married status is unaffected by the separation, there
being no severance of the vinculum. It seems to be the
policy of the law that the wife should continue to use the
name indicative of her unchanged status for the benefit
of all concerned ( Laperal vs. Republic, G.R. No. L-
18008 October 30, 1962).
4. A widow may use the deceased husband's surname as
though he were still living, in accordance with Article
370. (Art. 373)
Identity of names and surnames
1. The younger person shall be obliged to use such
additional name or surname as will avoid confusion
(Art. 374)
2. Between ascendants and descendants, the word
"Junior" can be used only by a son. Grandsons and
other direct male descendants shall either:
a. Add a middle name or the mother's surname, or
b. Add the Roman Numerals II, III, and so on (Art 375)
Article 375 restricts the use of “Junior” but social usage
allows the use of “Junior” also for daughters.
General Rule: No person shall use different names and
surnames (Art. 380).
Exception: Use of pen names or stage names is
permitted, PROVIDED it is done in good faith and there is
no injury to third persons (Art 379)
Usurpation of a name and surname may be the subject of
an action for damages and other relief. (Art. 377)
Elements:
PERSONS & FAMILY RELATIONS
a. There is an actual use of another’s name by the
defendant
b. The use is unauthorized;
c. The use of another’s name is to designate personality
or identify a person (Tolentino vs. Ca, G.R. no. L-41427
june 10, 1988).
The unauthorized or unlawful use of another person's
surname gives a right of action to the latter. (Art. 378)
Change of name is a judicial proceeding in rem.
Jurisdiction to hear and determine a petition therefor, by
law, is acquired after publication of the "order reciting the
purpose of the petition" and the "date and place for the
hearing thereof"---for three (3) successive weeks in a
newspaper of general circulation. But, for that publication
to be effective, it must give a correct information. We
therefore rule that for purposes of an application for
change of name under Article 376 of the Civil Code, the
only name that may be changed is the true or official
name recorded in the civil register. In addition, we
accordingly hold that for a publication of a petition for a
change of name to be valid, the title thereof should
include, first, his real name, and second, his aliases, if any
(Ng Yao vs. Republic, G.R. No. L-20306 March 31, 1966).
A BSENCE
The legal status of a person who has absented himself
from his domicile and whose whereabouts and fate are
unknown, it not being known with certainty whether he is
still living or not (Jurado, Civil Law Reviewer, 19th Ed.
(1999), p. 260).
Different stages of absence [Paras, 15th ed. (2002), p.
857]: (PDP)
1. Provisional absence (Art. 381)- When a person
disappears from his domicile, his whereabouts being
unknown, without leaving an agent to administer his
property.
a. There is no declaration of absence yet but legal
representative may be appointed only when urgent
representation is necessary and applies only if no
agent has been appointed to represent the absentee
or agent’s authority has expired.
b. The spouse is preferred as the legal representative
except when they are legally separated.
c. If absentee left no spouse, any competent person any
be appointed.
2. Declared absence (Art. 384)
a. Without administrator - When a person disappears
from his domicile, and 2 years have elapsed without
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any news about him, or since the receipt of the last

news. Absence under extraordinary circumstances/ Qualified
b. With administrator – 5 years have elapsed absence (Art. 391)
Presumed dead for all
The following may ask for the declaration of absence:
4 years purposes including
i. Spouse present
opening of succession
ii. Testate or Intestate heirs
iii.Other persons subordinated to rights by death. Presumed dead for
2 years
purposes of remarriage
The judicial declaration of absence shall not take effect
until six months after its publication in a newspaper of
general circulation (Art. 386)

An administrator of the absentee’s property shall be

appointed.

When the wife is appointed as an administratrix, she
cannot alienate or encumber the husband’s property or
that of the conjugal property without judicial authority.
The administration shall cease when:
i. Absentee reappears personally or through an agent
ii. Death is proven
iii. Third person appears and shows proof that he
acquired absentee’s property when absentee was
still alive.
3. Presumptive death- When the absentee is presumed
dead. (Art. 390, 391)
PRESUMPTION OF DEATH (Arts. 390 to 392, NCC)
Absence under ordinary circumstances
(Art. 390)
Presumed dead for all
purposes
7 years
Exception:
For purposes of opening
succession
Presumed dead for
purposes of opening
succession
Exception:
10 years If at the time of
disappearance person
was already 75 years old,
5 years of absence is
sufficient for this
presumption to apply.
Presumed dead for
4 years purposes of remarriage of
the spouse present
Extraordinary circumstances under Art. 391: (LAO)
1. Person on board a vessel or airplane lost during sea
voyage or missing, counted from the loss of the vessel
or airplane
2. Person in armed forces who took part in war
3. Person in danger of death under other circumstances
and his existence has not been known
Note: A well-founded belief that the absentee is already
dead is required before an absent spouse may be
declared presumably dead. The requisites are: (4-RBF)
a. Absent spouse has been missing for 4 years or 2
consecutive years if the disappearance is under Art.
391 of the Civil Code;
b. Present spouse wishes to remarry;
c. Present spouse has a well- founded belief that the
absent spouse is dead;
d. Present spouse files a summary proceeding for the
declaration of presumptive death of the absent
spouse (Republic v. Nolasco, G.R. NO. 14053, March
13, 1993).
The legal requirement on the need for judicial declaration
of presumptive death does not apply to a marriage
celebrated under the (Old) Civil Code as the law itself
presumed as dead the spouse who disappeared for a
period of seven (7) years where the present spouse has
no news of the absentee being alive, or for less than
seven (7) years where the absentee was generally
presumed dead (Valdez vs. Republic, G.R. No. 180863,
September 8, 2009). Hence, proof of “well- founded” belief
is not required.
C IVIL R EGISTER
Acts, events and judicial decrees concerning the civil
status of persons shall be recorded in the civil register
(Art. 407). This includes:

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1. Births;
2. Marriages;
3. Deaths;
4. Legal separations;
5. Annulments of marriage;
6. Judgments declaring marriages void from the
beginning;
7. Legitimations;
8. Adoptions;
9. Acknowledgments of natural children;
10. Naturalization;
11. Loss; or
12. Recovery of citizenship;
13. Civil interdiction;
14. Judicial determination of filiation;
15. Voluntary emancipation of a minor; and
16. Changes of name. (Art. 408)
Duty of the Clerk of Court
To ascertain whether the decree has been registered, and
if this has not been done, to send a copy of said decree to
the civil registry of the city or municipality where the court
is functioning (Art. 409).
Books of the Civil Register and related documents
1. Considered public documents
2. Prima facie evidence of the facts therein contained. (Art.
410)
Unlawful alteration (Art. 411)
General Rule: Every civil registrar shall be civilly
responsible for any unauthorized alteration made in any
civil register, to any person suffering damage thereby.
Exception: If the civil register proves that he has taken
every reasonable precaution to prevent the unlawful
alteration.
Change of first name or nickname Under R.A. 9048 (An
Act Authorizing City or Municipal Civil Registrar or the
Consul General to Correct a Clerical or Typographical
Error in an Entry and/or Change of First Name or
Nickname in the Civil Registrar without Need of a Judicial
Order, Amending For This Purpose Arts. 376 And 412 Of
The Civil Code)
Authority to correct clerical or typographical error and
change of first name or nickname: (Sec. 1)
General Rule: No entry in a civil register shall be changed
or corrected without a judicial order.
Exceptions: Administrative proceeding for change of first
name or nickname and clerical or typographical errors.
PERSONS & FAMILY RELATIONS
Clerical or typographical error
It refers to a mistake committed in the performance of
clerical work in writing, copying, transcribing or typing an
entry in the civil register that is harmless and innocuous,
such as misspelled name or misspelled place of birth or
the like, which is visible to the eyes or obvious to the
understanding, and can be corrected or changed only by
reference to other existing record or records [Sec. 2(3)].
Exceptions to the exception: (SANS)
1. Sex
2. Age
3. Nationality
4. Status
Note: Correction or change can be made by the
concerned city or municipal civil registrar or consul
general in accordance with the provisions of this Act and
its implementing rules and regulations.
The State has an interest in the names borne by
individuals and entities for purposes of identification. A
change of name is a privilege, not a right. Petitioner must
show proper or reasonable cause or any compelling
reason which may justify such change (Silverio v.
Republic, G.R. NO. 174689, October 22, 2007).
Grounds for change of first name or nickname (Haw Liong
vs. Republic G.R. No. L-21194 April 29, 1966): (HAR)
1. New first name or nickname has been habitually and
continuously used by the petitioner and he has been
publicly known by that first name or nickname in the
community;
2. The change will avoid confusion
3. First name or nickname is ridiculous, tainted with
dishonor or extremely difficult to write or pronounce;
Note: R.A. 9048 does NOT sanction a change of first
name on the ground of sex reassignment. To rule
otherwise may create grave complications in the civil
registry and public interest (Republic v. CA, GR NO.
97906, May 21, 1992).
Middle names serve to identify the maternal lineage or
filiation of a person as well as further distinguish him from
others who may have the same given name and surname
as he has. The dropping of the middle name of a minor so
that he will not be different from his classmates in
Singapore and on the additional ground that it would
cause confusion and difficulty in its pronunciation in
Singapore does not constitute proper and reasonable
cause to drop it from his registered complete name. As he
is of tender age, he may not yet understand and
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appreciate the value of the change of his name and

granting of the same at this point may just prejudice him in Entries subject to cancellation or correction upon good
his rights under our laws (In Re: Petition for Change of and valid grounds (Sec.2)
Name and/or Correction/Cancellation of Entry in Civil 1. Births
Registry of Julian Lin Carulasan Wang vs. Cebu City Civil 2. Marriages
Registrar, G.R. No. 159966, March 30, 2005). 3. Deaths
4. Legal separations
Please refer to Remedial Law Memory Aid for a 5. Judgments of annulments of marriage
comprehensive discussion of the procedural aspects of 6. Judgments declaring marriages void from the beginning
change of name. 7. Legitimations
8. Adoptions
9. Acknowledgments of natural children
10.Naturalization
11.Election, loss or recovery of citizenship
Cancellation or correction of entries in the Civil Registry 12.Civil interdiction
(Rule 108, Rules of Court) 13.Judicial determination of filiation
14.Voluntary emancipation of a minor
Any person interested in any act, event, order or decree 15.Changes of name
concerning the civil status of persons which has been
recorded in the civil register, may file a verified petition for
the cancellation or correction of any entry relating thereto,
with the Court of First Instance of the province where the
corresponding civil registry is located. (Sec 1)

All persons who have or claim any interest which would be

affected thereby shall be made parties to the proceeding.
(Sec. 3)

Upon the filing of the petition, the court shall:

1. Fix the time and place for the hearing of the same
2. Cause reasonable notice thereof to be given to the
persons named in the petition.
3. Cause the order to be published once a week for 3
consecutive weeks in a newspaper of general
circulation in the province. (Sec. 4)

Opposition may be filed by the civil registrar and any

person having or claiming any interest under the entry
whose cancellation or correction is sought within 15
days from notice of the petition, or from the last date of
publication of such notice. (Sec. 5)

Orders expediting the proceedings and preliminary

injunction for the preservation of the rights of the parties
pending such proceedings may be granted by the court.
(Sec. 6)

After hearing, the court may either dismiss the petition

or issue an order granting the cancellation or correction
prayed for. In either case, a certified copy of the
judgment shall be served upon the civil registrar
concerned who shall annotate the same in his record.
(Sec. 7)

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