PFL Second Exam Coverage

Family Code of the Philippines

TITLE 1: MARRIAGE
CHAPTER 1: REQUISITES OF MARRIAGE
Article 1: Marriage is a special contract of permanent union between a man and a woman entered into accordance with
law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution
whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage
settlements may fix the property relations during the marriage within the limits provided by this Code.

*The nature, consequences, and incidents of marriage are fixed by law and cannot be the subject of stipulation (a
condition or requirement that is specified or demanded as part of an agreement). For instance, the nature of union in
marriage being permanent, the contracting parties cannot stipulate that their relationship would only be for a limited
period, and thereafter, are free to marry again.

*The law on compromise (a compromise agreement is a contract between the parties, which if not contrary to law,
morals or public policy, is valid and enforceable between them) does not apply to marriage.

Consequences of marriage: offspring, ownership, administration of property, etc.

Incidents of marriage: legal separation

The exception “But still within the limits provided by this code” refers to the property regime of the spouses. What will
govern the properties of the spouses during the marriage? Parties need to execute a marriage settlement before the
celebration of the marriage (not after, lest it be void).

*The only incident in marriage which can be the subject of stipulation is with reference to the choice of economic regime
of the contracting parties, which they must agree on before the marriage:
a. Absolute community of property
b. Conjugal partnership of gains
c. Complete separation of property
d. Mixed property regime
e. Other form not contrary to law

How should man and woman be defined?

The bride must be a woman at the time of the birth of the child visible to the naked eye. Not a man who became a
woman through sexual reassignment. (Silverio vs. Republic, 2007)

Two aspects of marriage:

1. As a contract
2. As a status

Distinctions between Marriage and Ordinary Contract:

Marriage is a special contract.
Marriage is governed by law on marriage.
Marriage is an inviolable social institution.
Marriage is not subject to stipulation, except only
with regard to marriage settlement (property
regime) which the parties may agree upon before the
marriage.
Legal capacity is required in marriage.
The contracting parties must be male and female.
An ordinary contract is a mere contract.
An ordinary contract is governed by law on contracts.
An ordinary contract is not.
An ordinary contract is subject to stipulation.
Minors may contract through their
parents/guardians.
There can be 2 or more parties and the difference of

Marriage is terminated by death or declaration of
nullity or annulment due to legal cause.
gender is immaterial.
Ordinary contract is terminated (1) upon expiration
of the term of the contract, (2) upon fulfillment of
the condition for which it was entered into, (3)
rescission, (4) by mutual agreement of the parties,
(5) or others.

As a status:
1. Marriage is no longer just a contract but an inviolable social institution, which is the foundation of the family; so
that the Constitution provides that it should be protected by the State.
2. It being an institution of public order or policy, its nature, consequences, and incidents are governed by law and
not subject to stipulation.
3. It carries with it implications in 2 fields:
a. The realm of personal rights and obligations of spouses. This field is a personal matter between the
husband and wife and will not ordinarily be interfered by the courts.
b. The realm of property relations.

*The validity of marriages solemnized prior to the effectivity of the Family Code (August 3, 1988) shall be determined by
the Civil Code, which was the law in effect at the time of their celebration.

Bar Question: A couple executes a pre-nuptial agreement which principally provides that their marriage shall be valid for
only 5 years, but that it can be renewed through mutual consent, negotiated at least 6 months before its expiration. Is the
contract valid?
Answer: It can be answered by Article 1 of the Family Code and also by the concept of Juridical Persons.

Article 2: No marriage shall be valid, unless these essential requisites are present:
(1) Legal capacity of the contracting parties who must be male and female
(2) Consent freely given in the presence of the solemnizing officer

This Article speaks of the ESSENTIAL or INTRINSIC requisites of marriage. Without the essential requisites, the married is
VOID, except as stated in Article 35 (2): Those solemnized by any person not legally authorized to perform marriages
unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had
the legal authority to do so.

Good faith- honesty or sincerity of intention

1. Legal capacity of the contracting parties

a. The parties must have the necessary age or the necessary consent of parents in certain cases (Article 5).
b. The parties must be a man and a woman.
c. There must be no impediment cause by a prior existing marriage or by the certain relationships by affinity
(law) or consanguinity (blood).
2. Consent freely given
Parties to the marriage must appear personally before the solemnizing officer: This is important for consent.
a. Consent refers to the consent of the contracting parties, not parental consent which is in connection with
the first requisite referring to legal capacity.
b. Consent is required, but if it is vitiated or rendered defective by any of the vices of consent under Articles
45 and 46, like fraud, force, intimidation, undue influence, etc., the marriage is VOIDABLE.
c. If there is absolutely no consent, or when the parties did not intend to be bound, the marriage is VOID.

Vitiated- when a consent is given through mistake, violence, intimidation, undue influence or fraud.
Void- invalid, illegal, and unenforceable no matter what the parties do to remedy.
Voidable- valid until one of the parties decides to cancel or revoke them for legal reasons.
Article 3: The formal requisites of marriage are:
1. Authority of the solemnizing officer
2. A valid marriage license except in the cases provided for in Chapter 2 of this Title
3. A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing
officer and their personal declaration that they take each other as husband and wife in the presence of not less
than two witnesses of legal age.

This Article speaks of the FORMAL or EXTRINSIC requisites of marriage (requisites as to the form of marriage). These are
the requisites that affect the extrinsic validity of the marriage. Absence of any of the formal requisites renders the
marriage VOID AB INITIO, unless one or both of the parties are in good faith.

1. Authority of the solemnizing officer (referred to in Article 7)

-They list in Article 7 is of the only ones to authorize marriage under the Family Code. This list is exclusive.
Those not found in the list are deemed to not have the authority to solemnize marriage, subject to the
exception provided in the Local Government Code.
-Even if the solemnizing officer is not authorized, the marriage would be valid if either or both of the parties
believe in good faith in his authority to solemnize marriages.
-The authority of a judge who is solemnizing a marriage outside the court’s jurisdiction is retained. This is
merely an irregularity. The marriage will remain valid, but the judge will be subject to civil, criminal, or
administrative sanctions (Aranes vs. Occiano).
2. Valid marriage license, except in a marriage of exceptional character
-What is required is the marriage license, not the marriage certificate. An oral solemnization is valid and a
marriage may be proved by oral evidence.
3. Marriage ceremony
- With the appearance of the contracting parties before the solemnizing officer, and their personal declaration that
they take each other as husband and wife.
-This is in relation to the essential requisite of: CONSENT FREELY GIVEN.
-This must be made in the presence of not less than two witnesses of legal age.
-Reason: The declaration that parties will take each other as husband and wife will only become hearsay in the
absence of witnesses (what we call sponsors or Ninong and Ninang).

Article 4: The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as
stated in Article 35 (2).

A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible
for the irregularity shall be civilly, criminally, and administratively liable.

The absence of any essential and formal requisite will render the marriage void. A defect in essential and formal
requisite will render them voidable.

Absence of Essential and Formal Requisites (Examples)

 Examples of void marriages because of absence of essential requisite:

a. Absence of legal capacity of parties
1. A marriage between couples below 18 years of age, the minimum age for marriage under Article 5,
even if it is with parental consent.
2. Same-sex marriage (must be male and female)
3. A marriage between parties who have a legal impediment to get married under Article 37 and 38, like
first cousins (incestuous marriages).
4. Other legal impediments: prior subsisting marriage, marriages that are void for reasons of public policy
b. Absence of consent of contracting parties
1. Marriage where parties with no intention to be bound together
 2. Marriage in stage play or in movies

 Examples of void marriages because of absence of formal requisite:

a. Absence of authority of solemnizing officer
1. Marriage solemnized by a judge who has already retired
2. Marriage solemnized by a judge outside his territorial jurisdiction
3. Marriage solemnized by a person who only pretended to be a judge or a priest
4. Marriage solemnized by a priest who has no authority from his church to solemnize marriages, or who
is not registered with the Office of the Civil Registrar under Article 7 (2) subject to exceptions provided
under Article 35 (2)
b. Absence of a valid marriage license
1. A marriage with no license, unless it falls under Articles 27 to 34
2. A marriage with an expired license
c. Absence of marriage ceremony
1. Common-law marriages where the parties just live together as husband and wife without a marriage
ceremony
2. Marriage by proxy

*A defect in any essential requisites does not render the marriage void but merely VOIDABLE.
Examples:
1. A defect in the legal capacity of either party, as when a boy or a girl between 18 and 21 years of age gets
married without parental consent
2. A defect in the consent of either party, wherein such consent was given under any of the circumstances that
vitiate consent under Article 45 and 46.

*Irregularity in the formal requisites of marriage does not affect its validity, but the party or parties responsible for the
irregularity are civilly, criminally, and administratively liable.
Examples:
1. Lack of legal age of witness
2. Failure to comply with procedural requirement under Article 12
3. Non-observance of 3-month period under Article 15, and failure to comply with requirement of notice under
Article 17

*Is there such a thing as a secret marriage?

None. A secret marriage is a legally non-existent phrase that ordinarily applies to a civil marriage celebrated without the
knowledge of the relatives or friends of the spouses.

Republic vs. CA and Castro

-Certification of the Local Civil Registrar stated that there was no marriage license issued.
-The Court considered this sufficient proof rendering the marriage void.

This is different in the case of…

Sevilla vs. Cardenas
-The Local Civil Registrar could not locate the marriage license by reason of loaded work.
-Court: There may have been a marriage license.
-What should the petitioner have done to prove the existence of a void marriage? Petitioner should have located and
contacted the keeper of the record, since it was not shown that the keeper of the book of the register containing the
marriage license number has died or has gone abroad. Petitioner should not have relied on mere certification that the
license cannot be located due to loaded work on the part of the civil registrar’s office. The existence of the certification
itself gives rise to the doubt that there might be a marriage license issued, but that because of their loaded work, they
could not find such.
Article 5: Any male or female of the age of 18 years or upwards not under any of the impediments mentioned in Articles
37 and 38, may contract marriage.

(Age of the parties)

-Formerly, the marriageable age was 14 years for females and 16 years for males. However, the Family Code raised the
marriageable age to 18 years old for both male and female.
-In addition to the age requirement:
1. Both parties must not suffer from legal impediment of blood relationship as to render the marriage
incestuous under Art. 37 or of certain relationships as to render the marriage void for reasons of public policy
under Art. 38.
2. Obligated to still comply with other essential and formal requisites.

Article 6: No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary,
however, for the contracting parties to appear personally before the solemnizing officer and declare in the presence of
not less than two witnesses of legal age that they take each other as husband and wife. This declaration shall be
contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by
the solemnizing officer.

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

(Respecting the marriage ceremony)

-A ‘ceremony’ is required, although no prescribed form or religious rite for the solemnization of the marriage is needed.
Sufficient that there is that personal declaration that the parties personally appear before the duly authorized
solemnizing officer, and that the declaration shall be contained in the marriage contract signed by the parties.

-In no case would a common-law marriage between Filipinos be considered valid, for parties must appear before the
proper officer.

-It is only the appearance of the contracting parties before the solemnizing officer required by this article that is a formal
requisite of marriage under Article 3(3), so that in the absence of such appearance, the marriage is void.

-The other requirements in this article will not render the marriage void even if they are totally lacking, like:
a. There were no witnesses to the marriage
b. The parties did not orally declare before the solemnizing officer that they take each other as husband and wife
c. There was no marriage certificate or contract
-Venue is not an essential or formal requisite. Regardless of where the marriage is celebrated, it will not affect the validity
of the marriage

-The last paragraph refers to marriages under exceptional character: articulo mortis.

Article 7: Marriage may be solemnized by:

(1) Any incumbent member of the judiciary within the court’s jurisdiction
(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect
and registered with the civil registrar general, acting within the limits of the written authority granted by his
church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing
officer’s church or religious sect
(3) Any ship captain or airplane chief only in the case mentioned in Article 31
(4) Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military
 operation, likewise only in the cases mentioned in Article 32
(5) Any consul-general, consul or vice-consul in the case provided in Article 10

EXCLUSIVE LIST
The list of persons authorized to solemnize marriage is exclusive.
 Those not listed in this article, no matter how high their positions in the government (ambassadors, senators,
congressmen, etc.), cannot solemnize marriages.
 The Family Code removed the authority of mayors to solemnize marriages. However, under the Local
Government Code, mayors are now authorized to perform marriages within their jurisdiction.

1. Members of the Judiciary

Court Jurisdiction
a. Supreme Court Entire country
b. Court of Appeals Entire country
c. Regional Trial Courts Territorial Jurisdiction as defined by SC
d. Metropolitan Trial Courts in each area Territorial Jurisdiction as defined by SC
established by law, in each city and municipality,
and in each circuit of cities and municipalities
grouped together by law
e. Sandiganbayan created by the Constitution Entire Country
f. Court of Tax Appeals created by a special law Entire Country

If marriage is performed outside of their jurisdiction, the validity of the marriage is not affected; however, the Judge will
be administratively liable.

-The judiciary are allowed to solemnize marriage within the court’s jurisdiction.
-“Members of the judiciary” refer to incumbent members, not judges who have retired. If one is a Davao City MTC judge,
his jurisdiction is without Davao City only. He cannot extend beyond that. However, if one is an Davao RTC judge, then
his jurisdiction is within Region 11.
-There is no issue on Supreme Court justices and Court of Appeals justices, because their jurisdiction is within the entire
Philippines.

Aranes vs. Occiano

-However, if a judge would solemnize marriage outside the court’s jurisdiction the Supreme Court held in Aranes vs.
Occiano that it will not affect the validity of the marriage. Mere location does not divest the judge of his authority.
Regardless of where he is, he is still a judge.
-Because the holding of the marriage outside the court’s jurisdiction would refer to the venue as where the marriage is
solemnized, it is merely an irregularity. However, the party or parties responsible for the irregularity will be subject to
civil, criminal, or administrative sanctions.
-In Aranes vs. Occiano, the marriage was void because of the absence of marriage license (the judge solemnized the
marriage even without a marriage license, out of compassion).
-Parties to the marriage should present a marriage license to their solemnizing officer BEFORE the solemnization of
marriage.
-The license number will then be entered in the marriage contract.

2. Priests, rabbis, imams, ministers of any church

-In order to validly solemnize marriage, the priest, rabbi, imam, or minister of any church or religious sect must be:
a. Duly authorized by his church or religious sect
b. Registered with the Office of the Civil Registrar General (and be issued with a corresponding license)
-It is the license that gives priest, rabbis, imams, and ministers the authority to solemnize marriage (Article 25 (2)).

-Without a license, a priest/rabbi/imam/minister is not authorized to solemnize marriages. The marriage will be void.
-However, under Article 25 (2), if one or both parties believed in good faith that the solemnizing officer was authorized
to solemnize their marriage, then the marriage will be valid. This only applies to Paragraph Article 7 (2). Otherwise,
neither of the parties can invoke good faith.
-The priest or minister has the duty to present his authority to the parties if so requested by them.
-It is required that at least one of the contracting parties belongs to the solemnizing officer’s church or religious sect, and
the religion of the parties must be stated in their marriage contract in accordance to Article 2 (2).
-If the solemnizing officer is not under a religious sect, there is irregularity.
-What if none of the parties are members of the church of the solemnizing officer? Will it affect the validity of marriage?
No. Being a member of the church of the solemnizing officer is not part of the essential and formal requisites to
marriage.

3. Ship captains or airplane chiefs

 These persons can solemnize marriages only in articulo mortis between passengers or crew members
under Article 31
 The marriage may be solemnized even during stopovers at ports of call, because the authority is given
during voyage and in such cases, the voyage is not yet terminated.

4. Military commanders of a unit

 The military commander must be a commissioned officer (Article 32), not a mere corporal or sergeant.
He must at least have a rank of 2nd lieutenant.
 He can solemnize a marriage only if it is in articulo mortis between persons within the zone of military
operations, whether members of the armed forces or civilians who are caught between operations.
 May solemnize marriage only during military operations.
 He solemnizes marriages in articulo mortis only in the absence of the chaplain.
 The unit of the military commander must be a battalion, not just a company.

-Those is nos. 3 and 4 will only be authorized to solemnize marriage if the marriage is under exceptional circumstances:
at the point of death.
-There must be sense or awareness of an impending death of either or both of the parties.
-Ship captain/ airplane chief: Only to members of the crew or passengers.
-Military commander of a unit: Only in the absence of the chaplain, during military operation, and must be an officer (2nd
lieutenant above). Enlisted personnel do not have the authority to solemnize marriages.
-If merely ambushed by the NPA, they are not allowed to solemnize marriages because it is not a military operation.
They were merely ambushed. But if suppose they attack the place where the rebels are hiding, that is considered a
military operation. So that would include even civilians caught during military operation.

5. Consuls general, consuls, vice-consuls

 Only in the cases provided in Article 10 may they solemnize marriages (i.e. marriages between Filipinos
abroad or in the foreign assignments of these officials).
 Unlike in the Civil Code, consuls general, consuls, and vice-consuls cannot anymore solemnize
marriages under articulo mortis.
 Consuls on home assignment in the Philippines cannot solemnize marriage.
-Reason: The national law of the foreigner party has a different requirement. So this is only applicable for Filipinos
permanently residing or merely sojourning abroad.

6. Mayors
 From August 3, 1988 to December 31, 1991, mayors were NOT authorized to solemnize marriages.
 Mayors under the Family Code are not allowed to solemnize marriages even up to now.
 Marriages solemnized by mayors up to August 3, 1988 up to December 31, 1991 shall be null and void.
It cannot be ratified by the belief in good faith that the solemnizing officer had authority to do so.
 From January 1, 1992 to present, mayors are now allowed to solemnize marriages by virtue of the
Local Government Code.
Tilar vs. Tilar
-Judge refused to hear the petition for the declaration of nullity of marriage on the ground that the court is without
jurisdiction to hear the petition, since the marriage was solemnized pursuant to Catholic rights. Judge says that the
Canon Law should govern petition.
-Judge here is grossly ignorant of the law. He has forgotten Article 7(2) that gives priests the authority to solemnize
marriages.
-Judge has forgotten that the effects and consequences of marriage are governed not by Canon Law but by the
provisions of the Family Code.
-The nature, effects, and consequences of marriages in the Philippines are governed by the Civil Code, in particular
according to the provisions of the Family Code, not by the Canon Law.

Article 8: The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel
or temple, or in the office of the consul-general, consul or vice-consul, as the case may be, and not elsewhere, except in
cases of marriages contracted on the point of death or in remote places in accordance with Article 29 of this Code, or
where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a
house or place designated by them in a sworn statement to that effect.

(Venue)
-Marriages can be solemnized anywhere.
-Marriages do not necessarily have to be celebrated in the venues provided for in Article 8.
-No particular form of marriage celebration is needed.
-It is not mandatory that when a marriage is solemnized by a judge, that it be in the courtroom, sala, or office of the
judge.
-Similarly, it is not required that if solemnized by priest, that it be inside the chapel.
-Venue is not a formal or essential requisite
-The only requirement is: That the parties should prepare in writing where the marriage was solemnized (although its
absence will not affect the validity of the marriage because it is not a formal or essential requisite under Articles 2 and 3).

*This provision is only directory, not mandatory.

*A marriage cannot be solemnized by a judge on a Sunday, which is not an office day.

Instances where public solemnization is not needed:

1. Marriage in chambers of the Justice or Judge
2. In marriages in articulo mortis
3. In marriages in a remote place
4. When both of the parties request in writing for solemnization in some other place. The place must be
designated in a sworn statement.

Article 9: A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting
party habitually resides, except in marriages where no license is required in accordance with Chapter 2 of this Title.

Note: Article 9 is not an absolute requisite because of Article 20.

-Article 20: The license can be used anywhere in the Philippines, including consular offices of the Philippines in another
country because of the principle of exterritoriality (the consular office is an extension of Philippine territory).
-If the license was obtained in Davao City, but the marriage happened in a consular office in HK, then the marriage is
valid.
-What would make the marriage void? If the consular official will solemnize marriage outside of his office, because
outside of the consular office is outside Philippine territory. (Note: Unless the national law of HK authorizes the consular
to officiate the wedding. However, the marriage will no longer be governed by the law of the country where parties to the
marriage are citizens of, but the national law of the country where the marriage was celebrated (principle of lex loci
celebrationis).
In other words…
-The marriage license must be obtained in the locality where the parties are residing.
-What if it is obtained elsewhere? This will not affect the validity of the marriage license.

*The marriage license should be issued by the local civil registrar of the municipality where either contracting party
habitually resides. But if this requirement as to the place of issuance is not complied with, the marriage would still be
valid, provided all the other requisites are present.
*The solemnizing officer is not required to investigate whether or not the license is issued in the place required by law.

Marriages of exceptional character

No marriage license is required under the ff:
1. Marriage in articulo mortis (Article 27)
2. Marriage in a remote place (Article 28)
3. Marriages among Muslims or among members of the ethnic cultural communities provided that they are
solemnized in accordance with their customs, rites or practices (Article 33)
4. Ratification of marital cohabitation (Article 34)

Article 10: Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul or vice-consul of
the Republic of the Philippines. The issuance of the marriage license and the duties of the local civil registrar and of the
solemnizing officer with regard to the celebration of marriage shall be performed by said consular official.

-The consular official may solemnize marriages between Filipinos either permanently residing or sojourning abroad.
-If the parties do not have a marriage license, the duty to issue such is given to the consular official. It now becomes his
duty, and not anymore of the local civil registrar.
-Unlike that of the Civil Code where consular officials are authorized to solemnize marriages in exceptional character
(articulo mortis), that authority had been removed from them and is not carried over in the Family Code.
-So now, they may only solemnize marriages under ordinary circumstances.

 The marriage must be between Filipino citizens abroad. If one of the parties is a foreigner, this article cannot
apply.
 By ‘Filipino citizens abroad’ may mean Filipinos permanently living abroad or who are mere transients or
vacationists there.

Article 11: Where a marriage license is required, each of the contracting parties shall file separately a sworn application
for such license with the proper local civil registrar which shall specify the following:

(1) Full name of the contracting party

(2) Place of birth
(3) Age and date of birth
(4) Civil status
(5) If previously married, how, when, and where the previous marriage was dissolved or annulled
(6) Present residence and citizenship
(7) Degree of relationship of the contracting parties
(8) Full name, residence, and citizenship of the father
(9) Full name, residence, and citizenship of the mother
(10) Full name, residence, and citizenship of the guardian or person having charge, in case the contracting party has
neither father nor mother and is under the age of 21 years.

The applicants, their parents, or guardians shall not be required to exhibit their residence certificates in any formality in
connection with the securing of the marriage license.

Falsities
-This article enumerates the necessary data in the parties’ separate sworn applications for marriage license, which are
under oath, thus, any falsification therein will subject the applicant to perjury.
-Even if the parties falsify the information given in their marriage application, the marriage license will still be valid if
issued by the local civil registrar of the place where the application is filed, but the party who gave the wrong
information would be civilly, criminally, and administratively liable.
-If the local civil registrar, knowing the falsity of the information in the applications, still issues the license, he shall be
civilly, criminally, and administratively liable, but a marriage solemnized in pursuant to said license will still be valid.
-Falsities on substantial matters affecting legal capacity for instance will invalidate the marriage.

*The two parties to the intended marriage are required to file separate sworn applications because the data that they
will state under oath are different.
*The forms for applications for marriage license and all related documents are provided by the local civil registrar.
*The oath to the application shall be administered by the local civil registrar with whom the application for license is
filed.

*If a Filipino applies for a license before a Philippine consul abroad, the latter shall perform the duties of a local civil
registrar.

Article 12: The local civil registrar, upon receiving such application, shall require the presentation of the original birth
certificates, or, in default thereof, the baptismal certificates of the contracting parties or copies of such documents duly
attested by the persons having custody of the originals. These certificates or certified copies of the documents required
by this Article need not be sworn to and shall be exempt from the documentary stamp tax. The signature and official title
of the person issuing the certificate shall be sufficient proof of its authenticity.

If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either
because of the destruction or loss of the original, or if it is shown by an affidavit of such party or of any other person that
such birth or baptismal certificate has not yet been received though the same has been required of the person having
custody thereof at least 15 days prior to the date of the application, such party may furnish in lieu thereof his current
residence certificate or an instrument drawn up and sworn to before the local civil registrar concerned or any public
official authorized to administer oaths. Such instrument shall contain the sworn declaration of two witnesses of lawful
age, setting forth the full name, residence, and citizenship of such contracting party and of his or her parents, if known,
and the place and date of birth of such party. The nearest kin of the contracting parties shall be preferred as witnesses,
or, in their default, persons of good reputation in the province or the locality.

The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear
personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as
stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally
appearing before him, be convinced that either or both of them have the required age.

-If the parties are between the ages of 18-21, they need to present PARENTAL CONSENT, if they are not accompanied by
their parents.
-Parental consent may be in the form of:
(1) a sworn statement, or
(2) an affidavit
-Although, the parties may also be required to present the following, in lieu of parental consent:
(1) baptismal certificate
(2) certificate of live birth
(3) local residence community tax certificate (cedula)

This article does not apply to parties who had been previously married.

 The best proof of one’s age is his birth certificate or, if the same is not available, his baptismal certificate.
 If the parents of the parties may accompany them to the office of the local civil registrar and certify their ages,
 the presentation of the birth or baptismal certificate shall not be required.
 If the foregoing documents cannot be presented, the applicant may just present his current residence certificate
or the affidavit of two witnesses (preferably close relatives setting forth the required data).
 The local civil registrar may, however, be satisfied as to the ages of the parties in proper cases by just looking at
them.

Parental Consent: Effect of Absence

The marriage is voidable, subject to the filing of a petition for annulment. In other words, the marriage is valid until
annulled. There are two limitations:
(1) It could be filed only on behalf of the party who is between 18 and 21 at the time of marriage.
(2) The petition could no longer be filed after the concerned party reaches 21 and freely cohabited with the other,
and both lived together as husband and wife. The marriage is considered ratified if no petition is timely filed.

The Local Civil Registrar may still issue a marriage license despite the lack of parental consent, unless there is a court
order preventing him from doing so (Article 18).

Article 13: In case either of the contracting parties has been previously married, the applicant shall be required to
furnish, instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the
deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of
nullity of his or her previous marriage. In case the death certificate cannot be secured, the party shall make an affidavit
setting forth this circumstance and his or her actual civil status and the name and date of death of the deceased spouse.

Papers to be presented by the applicant- will depend upon the cause of dissolution of the previous marriage:
(a) death death certificate
(b) divorce judicial decree of absolute divorce (refers to a foreign
divorce)
(c) annulment of voidable marriage judicial decree of annulment
(d) declaration of nullity of void judicial declaration of nullity
marriage

In case the death certificate cannot be presented (ex. death is due to airplane crash where the passengers could no
longer be identified), an affidavit executed by the applicant as to the facts of the death of his or her spouse will suffice.

Article 14: In case either or both of the contracting parties, not having been emancipated by a previous marriage, are
between the ages of 18 and 21, they shall, in addition to the requirements of the preceding articles, exhibit to the local
civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal
charge of them, in the order mentioned. Such consent shall be manifested in writing by the interested party, who
personally appears before the proper local civil registrar, or in the form of an affidavit made in the presence of 2
witnesses and attested before any official authorized by law to administer oaths. The personal manifestation shall be
recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said
applications.

Emancipation
-The termination of 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 special cases.
-Under RA 6809 (approved December 13, 1989), there is no more emancipation by reason of marriage. Once a party
reaches the age of 18, he or she is automatically emancipated. As the marrying age is at least 18 years, a party who gets
married now is already emancipated even before the marriage is celebrated.

Parental Consent
-The requirement of parental consent had not been affected despite the lowering of the majority age from 21 to 18
years.
-Parental consent is required if the girl or boy is 18 and above but below 21 years of age.
-If the marriage is solemnized without the parental consent required in this article, the marriage is voidable.
-The parental consent may be in the form of:
(a) A sworn statement acknowledged in the presence of 2 witnesses before any official authorized to administer
oaths, or
(b) Parents/guardian may appear personally before the local civil registrar and accomplish the written consent
before him.
-The parental consent must be for the child to marry a specific person. It cannot be consent to marry just anyone.

Article 15: Any contracting party between the age of 21 and 25 shall be obliged to ask their parents or guardian for
advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall
not be issued till after three months following the completion of the publication of the application thereof. A sworn
statement by the contracting parties to the effect that such advice has been sought, together with the written advice
given, if any, shall be attached to the application for marriage license. Should the parents or guardian refuse to give any
advice, this fact shall be stated in the sworn statement.

Applies when parties are, or either party is between the ages of 21-25

Parental advice
-Reasons:
1. For the good of the future groom and bride
2. In recognition of the duty of the son or daughter to his or her parents
3. it is one way of preventing hasty marriages as it gives the parties time and opportunity to reflect on their final
choice of a life partner by entertaining sound advice from their parents.

Effect of unfavorable parental advice

If parental advice was sought, but The issuance of the license will be suspended for 3 months following the
unfavorable completion of the publication of the applications therefore (90 days from
the completion of the 10-day publication of the application for marriage
license).
If parental advice was deliberately not The marriage license must not be issued.
sought
The better remedy would be for the local civil registrar to initiate a case in
the appropriate court to prevent the issuance of the license in line with
the remedy allowable under Article 18 when an impediment to the
marriage is made known to him. This way, the controversy can be
judicially ventilated and the spirit behind Article 18 will not be frustrated.

-The lack of parental advice or an unfavorable parental advice does not bar the marriage from taking place. It merely
suspends the issuance of the marriage license.
-If the parties get married without license, their marriage is void. If, however, they were able to get a license without the
required parental advice, the marriage is still valid, but they will be liable criminally and civilly for falsifying their
applications for marriage license.

Parental Advise: Effect of Absence

The validity of the marriage is not affected. If the parties do not obtain such advice, or if it be unfavorable, the marriage
license shall not be issued till after three (3) months following the completion of the publication of the application. If the
marriage license is issued before the lapse of this period, then the responsible parties shall be civilly, criminally and
administratively liable.

Article 16: In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in
addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam, or minister
authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper
government agency to the effect that the contracting parties have undergone marriage counseling. Failure to attach said
certificates of marriage counseling shall suspend the issuance of the marriage license for a period of three months from
the completion of the publication of the application. Issuance of the marriage license within the prohibited period shall
subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage.

Should only one of the contracting parties need parental consent or parental advice, the other party must be present at
the counselling referred to in the preceding paragraph.

Parental Consent Required for contracting parties between the ages 18

and 21.
Parental Advice Required for contracting parties between the ages 21
and 25.

Marriage Counselling
 As a requirement,

Certificate of Marriage Counselling

 The party or parties concerned, as an additional requirement to what has already been mentioned in the
preceding articles, shall attach a certification of marriage counselling to their applications for marriage license.
 Failure to do so will cause the suspension of the issuance of the marriage license for 3 months from the
completion of the publication of the application (suspension period is similar to the parties’ failure to obtain
parental advice to their intended marriage).
 If during the prohibition, a marriage license was nevertheless issued, the marriage is still valid. However, the
issuing officer will be administratively liable.

Article 17: The local civil registrar shall prepare a notice which shall contain the full names and residences of the
applicants for a marriage license and other data given in the applications. The notice shall be posted for 10 consecutive
days on a bulletin board outside the office of the local civil registrar located in a conspicuous place within the building
and accessible to the general public. This notice shall request all persons having knowledge of any impediment to the
marriage to advise the local civil registrar thereof. The marriage license shall be issued after the completion of the period
of publication.

Posting of notices
-This is the 10-day waiting period for the release of the marriage license.
-The required 10-day publication of application for a marriage license is done merely by way of notice in the bulletin
board (outside the office of the civil registrar) conspicuously located and accessible to the public.
-To be more effective, the recent photos of the parties should also be posted.
-Reason: The purpose of this notice is to easily invite the attention of the general public about the intended marriage so
that anybody with knowledge of any subsisting impediment to the marriage can readily report the matter to the local
civil registrar for the latter’s guidance.

Is the posting of notices an indispensable requirement?

-Yes. The posting of the application for the marriage license is an indispensable requirement to the issuance of the
license.
-There is no exception to allow the immediate issuance of license. Any license issued without following the period is void
and ineffective.
-If, however, a license is issued without complying with this provision and a marriage is solemnized on the basis of such
license, the marriage is still valid. However, the local civil registrar who did not comply with this provision will be liable
criminally, civilly, and administratively.
-Reasons:
1. To prevent the desecration of the rule and the possibility of ante-dating of marriage licenses
2. To prevent unscrupulous people from deliberately seeking the immediate release of a marriage license to
 create a basis for its annulment in the future grounded on a defective license.

Article 18: In case of any impediment known to the local civil registrar or brought to his attention, he shall note down the
particulars thereof and his findings thereon in the application for marriage license, but shall nonetheless issue said
license after the completion of the period of publication, unless ordered otherwise by a competent court at his own
instance or that of any interest party. No filing fee shall be charged for the petition nor a corresponding bond required
for the issuances of the order.

In case of any impediment coming to the knowledge of the local civil registrar, he shall:
1. Merely write down the particulars of the existing impediment/s and his findings thereon in the very application
for marriage license itself
2. However, he/she must still Issue the marriage license after completion of the period of publication unless
otherwise ordered by a competent court (unless he receives a court order that will stop him from issuing the
marriage license).
3. The registrar himself may also petition in court that he be issued a court order that will prevent him from
issuing a marriage license because of existing impediments. Likewise, any interested party* may also seek the
court’s intervention for the purpose.

(Notice to the local civil registrar of any impediment to the marriage shall not prevent the issuance of the marriage
license after the 10-day publication unless otherwise ordered by a competent court upon petition of the civil
registrar at his own instance or that of any interested party.)

*Interested party:
(1) Spouse of the applicant, or
(2) One of the children of the applicant by reason of consanguinity or affinity

Article 19: The local civil registrar shall require the payment of the fees prescribed by law or regulations before the
issuance of the marriage license. No other sum shall be collected in the nature of a fee or tax of any kind for the issuance
of said license. It shall, however, be issued free of charge to indigent parties, that is those who have no visible means of
income or whose income is insufficient for their subsistence a fact established by their affidavit, or by their oath before
the local civil registrar.

License fees
-The amount of the prescribed fee for the issuance of a license is minimal, and no other fee or tax shall be collected for
the issuance thereof.
-Reason: Many people will be discouraged and would rather take a common law cohabitation if high fees will be
imposed.

Why are indigent parties exempt from marriage license fees?

-They have no visible means of income or their income is insufficient for their subsistence.
-This fact of indigency should be established through an affidavit or oath made before the local civil registrar.

Article 20: The license shall be valid in any part of the Philippines for a period of 120 days from the date of issue, and
shall be deemed automatically cancelled at the expiration of the said period if the contracting parties have not made use
of it. The expiry date shall be stamped in bold characters on the face of every license issued.

This article must be read in relation to Article 9.

-Article 9 is not mandatory, but should be obtained because of Article 20.
-If the solemnizing officer is the consular official, his authority is only within the confines of his consular office.
-Note: The marriage license is valid only for 120 days.
-Even if you are the same parties who will contract marriage, but your license already expired, your marriage with an
expired license is not valid (marriage is void). Such void marriage cannot be cured by execution of an affidavit of
marriage license application.

Effectivity of marriage license:

 The license is valid for a period of only 120 days from the date of issue (the Family Code requires that the expiry
date be stamped in bold characters on its face to warn or remind the parties and solemnizing officers).
 It is deemed automatically cancelled at its expiration date if the parties have not made use of it (marriage
beyond the 120 days lifetime of the license is void).
 The civil registrar has no authority to extend its effectivity. It is not subject to extension once it has expired.
 If the parties still want to get married after the expiration of the license, they must reapply for a new license.
 It is valid in any part of the Philippines, but not in foreign countries.

Article 21: When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them
before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their
respective diplomatic or consular officials.

Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein required, submit
an affidavit stating the circumstances showing such capacity to contract marriage.

Article 21 applies where either one or both of the parties are citizens or subjects of a foreign country.

Certificate of Legal Capacity, Required of Foreigners

-Foreigners who wish to marry in the Philippines must submit a certificate of their legal capacity to contract marriage
before securing a marriage license. This certificate must be obtained from their consular or diplomatic office/ issued by
their respective diplomatic officials (ambassador, minister plenipotentiary and envoy extraordinary, resident minister, or
charge d’affaires) or consular officials (consul-general, consul, vice-consul, or consular agents).
-Reason: The general principle is that the legal capacity of foreigners is determined by the personal law (national law).
-A divorced foreigner can be issued a marriage license to marry again in the Philippines provided he can present
certificate above mentioned, which means that his divorce is recognized by his own country.
-If the certificate of legal capacity is absent, that is merely an irregularity which does not affect the marriage.

The second paragraph of Article 21 refers to stateless persons and refugees.

Stateless Persons and Refugees
Stateless Persons Refugees
Cannot obtain a certificate of legal capacity because they They are still citizens of the country where they fled from,
are not citizens of any particular country (ex. Rohingya) hence they did not relinquish their citizenship.
They must execute an affidavit based on the law of their They are still required to execute an affidavit pursuant to
domicile. their national law (where they fled from).

Recio vs. Recio

-There was error on part of Recio that he deemed himself capacitated to contract marriage with a divorce decree.
-He could have just complied with Article 21, instead of a divorce decree, because such decree could not be given judicial
recognition as it is not complaint with Sections 24 and 25 of Rule 132.

Aranes vs. Occiano:

-The act of a judge in solemnizing marriages outside the court’s jurisdiction will not have any effect on the validity of
marriage. It is merely an irregularity, but the party responsible is subject to administrative, criminal, and/or civil sanctions.

Morigo vs. People

-Without even a marriage celebration, there was no marriage to speak of at all. Thus, Lucio cannot be held liable for
bigamy.
-This is also true in the case of Go vs. Bangayan, where the marriage was in jest and the parties merely appeared together
and signed a marriage contract, nothing more.
-This is different from Nollora vs. People in relation to Malaki vs. Malaki.
Nollora vs. People
-Court: Religion is not an issue. However, there must be compliance with the Muslim Code before contracting a
subsequent marriage:
(1) Obtain the consent of the first wife.
(2) If the first wife refuses, the contracting party may go to the Shariah Court and obtain a certification that he is
allowed to contract another marriage.
-Non-compliance of this would result to the marriage being governed by the provisions of the Civil Code that are still
applicable to the provisions of the Family Code.
-Thus, the subsequent marriage here is bigamous.
-Failure to obtain consent from the first wife and certification from the Shariah Court rendered the parties liable for
bigamy.

Malaki vs. Malaki

-The only difference here is that the other spouse also converted to the Muslim faith.
-Nonetheless, they are still guilty of bigamy.
-Reason: There is no consent of the first wife nor certification from the Shariah Court that permits a subsequent marriage.

There is no marriage in jest in:

Republic vs. Albios
-There was valid marriage here, abeit being a limited-purpose marriage (the purpose of which is to obtain American
citizenship).
-However, despite the claims of Petitioner that there was no intention to establish family life (contrary to Article 1 of the
Family Code), the Court said that it is not a ground to declare the marriage void
-The parties are also aware and have given their consent to the marriage voluntarily and willingly. Thus, the marriage is
valid. Nowhere was it shown that consent was vitiated.

This is not true in:

Bangayan vs. Bangayan (same with Morigo vs. People)
-The parties here merely signed the contract, nothing more.
-Court: There is no need for declaration of nullity of marriage, because it is merely a marriage of jest.
-The parties did not comply with neither essential nor formal requisite of marriage.
-Take note: signing of marriage contract is not an essential or formal requisite. It is only proof of marriage.
-Article 22: Absence of a marriage contract doesn’t mean there is no valid marriage that was solemnized.
-Marriage can be proved by other things, such as:
(1) An affidavit of witnesses to the marriage
(2) Certificates of title of a property that is descriptive of the status of person
(3) Other public documents such as passports
(4) SSS records or GSIS records
(5) Man and woman who are publicly presenting themselves as husband and wife are presumed to be so. The
burden of proof is on those who question the validity of their marriage.

Kho vs. Republic

-The marriage here is void.
-No marriage license was issued. The testimony of the wife referred only the solemnization, not the marriage license. She
also did not present any copy of the marriage license.
-Raquel was able to prove that there was no marriage license that was issued.
-The wife claimed that there was a valid marriage license presented to witnesses, but the testimony of witnesses merely
attests to the fact of solemnization of the marriage, not to the issuance of the marriage license.
-So thus, burden of proof (like in Abbas vs. Abbas) that no such license is issued is now shifted to the party that claims
there is a valid marriage license issued to the parties.
-Court: She could have presented a copy of marriage license or obtained a certified true copy of marriage contract, because
the marriage license number might be indicated in the contract.
-The Local Civil Registrar’s certification prevails over the allegation of the wife that a marriage had taken place.
Morimoto vs. Morimoto
-Purely simulated marriage.
-Supreme Court took note that the act of Rosario is an admission against interest. This warranted the grant of a petition to
declare their marriage void.

Abbas vs. Abbas

-Marriage license was issued to another person.

Article 22: The marriage certificate, in which the parties shall declare that they take each other as husband and wife,
shall also state:

1. The full name, sex, and age of each contracting party

2. Their citizenship, religion, and habitual residence
3. The date and precise time of the celebration of the marriage
4. That the proper marriage license has been issued according to law, except in marriage provided for in Chapter 2
of this Title
5. That either or both of the contracting parties have secured the parental consent in appropriate cases
6. That either or both of the contracting parties have complied with the legal requirement regarding parental
advice in appropriate cases, and
7. That the parties have entered into marriage settlement, if any, attaching a copy thereof

-Marriage contract is the best proof/ best evidence that there was a solemnization of marriage.
-However, its absence will not give rise to the presumption that no marriage was solemnized.
-Reason: The reason is that the parties to the marriage themselves, after solemnization of the marriage, will not bother to
ask the solemnizing officer for copies of the marriage contract.
-Also, under our law, the Supreme Court said: Always presume marriage.
-Reason: The State is interested in the preservation of marriage. Thus, there is always the presumption of a valid and
existing marriage.
-Pictures are not considered proof, they are merely hearsay. Pictures will only be accepted by the Court if the parties can
present the person who took the pictures as witness to the stand.

The duty and obligation to furnish copies of the marriage contract is on the SOLEMNIZING OFFICER. The Local Civil
Registrar shall in turn forward these to the CIVIL REGISTRAR GENERAL. This is then the Marriage Contract that you
get from the NSO/PSA.

Marriage certificate
-This is not an essential or formal requisite of marriage. Failure to sign the marriage certificate does not invalidate it.
-However, it is the best evidence of the existence of the marriage, along with other kinds of evidence such as:
1. Testimony of a witness to the matrimony
2. Land titles
3. Declaration of one of the parties
4. By a Last Will and Testament
5. Couple’s public and open cohabitation as husband and wife after the alleged wedlock
6. Birth and baptismal certificates of children born during such union
7. Mention of such nuptial in subsequent documents

Marriage license vs. Marriage certificate

Marriage license The authority to celebrate the marriage.
Marriage The marriage contract. The certificate is signed and executed by the parties, the witnesses, and
certificate the solemnizing officer only after the solemnization of the marriage.

Article 23: It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the
original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the certificate
not later than 15 days after the marriage, to the local civil registrar of the place where the marriage was solemnized.
Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage
certificate. The solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate, the copy of
the marriage certificate, the original of the marriage license and, in proper cases, the affidavit of the contracting party
regarding the solemnization of the marriage in place other than those mentioned in Article 8.

-Four copies (quadruplicate) of the marriage certificate should be made and distributed as follows:
1. Original copy- to be given to either of the contracting parties
2. Duplicate and triplicate copies- to be sent to the local civil registrar of the place where the marriage was
solemnized not later than 15 days after the marriage
3. Quadruplicate copy- to be retained by the solemnizing officer, together with the marriage license.

-It is the duty of the solemnizing officer to furnish copies of the marriage contract.
-If no one receives or retains a copy of the marriage certificate, the validity of the marriage is not affected.

Article 24: It shall be the duty of the local civil registrar to prepare the documents required by this Title, and to
administer oaths to all interested parties without any charge in both cases. The documents and affidavits filed in
connection with applications for marriage licenses shall be exempt from documentary stamp tax.

Preparation of all documents and administration of oaths (as required under Title III)
-Shall be the responsibility of the local civil registrar.
-Shall be free from fees and documentary stamp taxes.

*The civil registrar is criminally liable for issuing an unlawful license or maliciously refusing to issue one.
*However, a license wrongfully obtained does not invalidate the marriage.

Article 25: The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a registry
book strictly in the order in which the same are received. He shall record in said book the names of the applicants, the
date on which the marriage license was issued, and such other data as may be necessary.

In the recording of application for the marriage license:

a. The entries must be chronological (stating the dates thereof, and the dates of issuance of the marriage licenses)
b. The pertinent data must be recorded (e.g. names of applicants, date of issue of the license, etc.)

Reason: To discourage unlawful insertions or antedating of documents.

*antedating- to assign to a date prior to that of actual occurrence

Read this in relation to Article 26.

Article 26: All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where
they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles
35 (1), (4), (5), and (6), 36, 37, and 38.

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly
obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to
remarry under Philippine law. (comes out in the bar many times)

General Rule: Foreign marriages, if valid in the country where celebrated, are valid everywhere. This is based on the
recognized principle of lex loci celebrationis.
*Lex loci celebrationis- the marriage is governed by the law of the place of the celebration.

Exceptions:
Article 35 (1) Marriage contracted by any party below 18 years of age, even with the consent of parents or
guardians (lack of legal capacity)
(4) Marriage that is bigamous or polygamous
(5) Marriage contracted through mistake of one contracting party as to the identity of the other
(6) Subsequent marriages that are contracted before the judgement of annulment or of absolute
nullity of marriage
Article 36 Marriage which is void for reasons of psychological incapacity
Article 37 Incestuous marriage
Article 38 Marriage which is void for reasons of public policy
Article 52 Marriage without compliance to the requirement of Article 52 (no recording of the judgment of
annulment or of absolute nullity of marriage in the Civil Registry and Registry of Property)

1. These marriages if contracted abroad, though valid there as such, are not valid in the Philippines.
2. Article 26 on the validity of foreign marriages applies only to Filipinos. Foreign marriages of foreigners or of a Filipino
and a foreigner are governed by the rules on Conflict of Laws.

Recognition of Foreign Divorce

 Divorces are not recognized in the Philippines if directly obtained by Filipinos.
 If the divorce between a Filipino and an alien is validly obtained abroad by the alien spouse capacitating him or
her to remarry, the Filipino spouse shall have capacity to remarry under the Philippine law. It must be noted
that if it is the Filipino spouse who has obtained the divorce decree abroad, the divorce will not be recognized in
the Philippines. (Reason: Filipinos are bound by Philippine law in under the Nationality Principle)
 An alien spouse who has divorced his Filipino wife can no longer charge the latter with adultery because he can
no longer be the “offended spouse”.

Requirements to prove a foreign marriage:

1. The existence of the pertinent provision of the foreign marriage law. Foreign laws are matters of fact that must be
alleged and proved considering that our courts do not take judicial notice thereof.
2. The celebration or performance of the marriage in accordance with said law.

Republic vs. Orbecido III

-This is the first case that came out where the Supreme Court granted the divorce between parties who were both
Filipinos at the time that their marriage was celebrated.
-Reckoning point: Not the parties’ citizenship at the time of the celebration of marriage, but the parties’ citizenship at
the time when they sought to declare the marriage void (cites Quita vs. CA ruling).

Republic vs. Manalo

-Not in accordance with Sections 24 and 25 of Rule 132 of the Revised Rules of Evidence (What is this? Give the exact
provisions of the law).
Section 24. Proof of official record. — The record of public documents referred to in paragraph (a) of Section 19, when
admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having
the legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a
certificate that such officer has the custody. If the office in which the record is kept is in foreign country, the certificate
may be made by a secretary of the embassy or legation, consul general, consul, vice consul, or consular agent or by any
officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and
authenticated by the seal of his office. (25a)
Section 25. What attestation of copy must state. — Whenever a copy of a document or record is attested for the purpose of
evidence, the attestation must state, in substance, that the copy is a correct copy of the original, or a specific part thereof,
as the case may be. The attestation must be under the official seal of the attesting officer, if there be any, or if he be the
clerk of a court having a seal, under the seal of such court. (26a)
-Court: Same effect whether foreigner or Filipino spouse obtains the decree of divorce: The marriage is still terminated.
Otherwise, injustice is committed by the Court.
-Article 15 on the Nationality Theory is not a rigid and impending rule. The exception to this is Article 26 (6).

The rest of the cases are:

-Divorce by agreement
-Divorce from the Office of the Mayor (especially in Japan): In such case a divorce certificate is issued, not a divorce
decree, attached therewith a certificate of acceptance.

CHAPTER 2: MARRIAGES EXEMPTED FROM LICENSE REQUIREMENT

Marriages exempt from marriage license:

1. Marriage in articulo mortis (Article 27)
2. Marriage in a remote place (Article 28)
3. Marriages among Muslims and among members of the ethnic cultural communities, provided that
they are solemnized in accordance with their customs, rites, and practices (Article 33)
4. Ratification of marital cohabitation (Article 34)

Article 27: In case either or both of the contracting parties are at the point of death, the marriage may be solemnized
without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives.

Marriage in articulo mortis

-One or both of the contracting parties are dying or at the point of death*, but must still be conscious of what they are
doing.
-The marriage can be solemnized without marriage license.
-The marriage remains valid even without need of a new marriage ceremony if the ailing or dying party survives or
subsequently gets well.
-There is no particular form of marriage required in the solemnization of such.
-The marriage may be solemnized by a priest or a minister of any religious sect, a judge, or any persons referred to in
Article 31 (ship captain or airplane pilot) and Article 32 (military commander of a unit) in the special cases under them.

*”At the point of death” refers to a situation wherein one is between life and death or already dying, while “danger of
death” refers to a situation wherein one is only in danger of dying but not at the point of dying.

Article 28: If the residence of either party is so located that there is no means of transportation to enable such party to
appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage
license.

This article covers marriages in remote or distant places. It does not specify the distance of the residence of either party
from the municipal building. All that is required is that the residence of either party be so located that there is no means
of transportation to enable such party to appear before the local civil registrar.

Article 29: In the cases provided for in the two preceding articles, the solemnizing officer shall state in an affidavit
executed before the local civil registrar or any other person legally authorized to administer oaths that the marriage was
performed in articulo mortis or that the residence of either party, specifying the barrio or barangay, is so located that
there is no means of transportation to enable such party to appear personally before the local civil registrar and that the
officer took the necessary steps to ascertain the ages and relationship of the contracting parties and the absence of legal
impediment to the marriage.

Affidavit in lieu of marriage license

-The execution of an affidavit by the solemnizing officer must state that:
a. The marriage was performed in articulo mortis, or
b. The residence of either party is remote, specifying that the place is such that there is no means of transportation to
enable the party to appear personally before the local civil registrar, and
c. He took steps to ascertain the ages and relationship of the parties and the absence of legal impediment to the
marriage.

Purpose: For the basis of proving the exemption from the marriage license.

Note: This affidavit is not required in the cases of marriages in articulo mortis performed by a ship captain, airplane pilot,
and military commander.

*Even if there is failure on the part of the solemnizing officer to execute the necessary affidavit, such irregularity will not
invalidate the marriage, for the affidavit is not being required of the parties.

Article 30: The original of the affidavit required in the last preceding article, together with a legible copy of the marriage
contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was
performed within the period of 30 days after the performance of the marriage.

Sending of the original affidavit within 30 days

 The solemnizing officer must send the original of the affidavit mentioned in Article 29, together with a legible
copy of the marriage contract, to the local civil registrar within 30 days after the performance of the marriage.
 Reason: The civil registrar is given the original of the affidavit for the simple fact that he keeps the records of
marriages taking place.
 This period must be distinguished from the 15-day period required under Article 23, which refers to the sending
of the duplicate and triplicate copies of the marriage contract to the local civil registrar in cases of ordinary
marriages.
 Failure to comply with the said requirement does not invalidate the marriage.

Article 31: A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain
or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call.
Article 32: A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize
marriages in articulo mortis between persons within the zone of military operation, whether members of the armed
forces or civilians.

Marriage during voyages

 The ship captain and airplane pilot can solemnize marriages only in articulo mortis during voyage or flight, or
also during stopovers at ports of call.
 The military commander solemnizing the marriage must be a commissioned officer. He can perform marriages
in articulo mortis whether the parties are members of the armed forces or civilians.
 However, the military commander can solemnize marriage in articulo mortis only in the absence of a chaplain.

Article 33: Marriages among Muslims or among members of the ethnic cultural communities may be performed validly
without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites, or
practices.

Reason: This article recognizes the validity of Muslim marriages and marriages of ethnic cultural communities. Also, the
Code of Muslim Laws of the Philippines (PD 1083), which became effective on February 4, 1977, governs the Muslims’
law on marriage.

-A marriage license is not necessary in cases of marriages among Muslims or among members of the ethnic communities
if the marriage will be solemnized in accordance with their customs, rites, or practices.
-This is so even if the parties to such marriages are living in Christian provinces.
-The exemption is only with respect to the marriage license and not with the other requisites of marriage.

Article 34: No license shall be necessary for the marriage of a man and a woman who have lived together as husband
and wife for at least 5 years and without any legal impediment to marry each other. The contracting parties shall state
the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall
also state under oath that he ascertained the qualifications of the contracting parties and found no legal impediment to
the marriage.

5 years must be continuous.

Reasons:
 To facilitate and encourage the marriage of persons who have been living in a state of concubinage for more
than 5 years (this must be 5 continuous years of living together).
 The publicity and bother attendant on the securing of a marriage license might deter such persons from
legalizing their union.

Requisites for the legal ratification of marital cohabitation:

1. The parties must have lived as husband and wife for at least 5 years.
2. There is no legal impediment to marry each other during this period.
3. The fact of absence of legal impediment between the parties must be present at the time of the marriage.
4. The parties must execute an affidavit stating that they have lived together for at least 5 years.
Note: If the parties have been living together as husband and wife for less than 5 years, then their affidavit of
cohabitation has no probative value. It is a mere scrap of paper. This renders the marriage void for lack of a
marriage license.
5. The solemnizing officer must also execute a sworn statement that he had ascertained the qualifications of the
parties of the marriage, and that he had found no legal impediment to the marriage.

*The 5-year period should be the years immediately before the day of the marriage.
*It should be a period of cohabitation characterized by exclusivity (no third party was involved at any time
within the 5 years) and continuity (it is unbroken).
*Reason: If the period was computed without any distinction as to whether the parties were capacitated to
marry each other, then the law would be sanctioning immorality and encouraging parties to have common law
relationships, and placing them on the same footing with those who lived faithfully with their spouse.

Kinds of impediments to marry:

a. Diriment impediments- those which make the marriage void (ex. prior existing marriage, lack of legal capacity,
close blood relationship)
b. Prohibitive impediments- those which do not affect the validity of the marriage, but criminal sanction may be
imposed (ex. marriage without waiting for three months, there being an unfavorable parental advice)

-If the parties falsified their affidavit to facilitate their marriage (as it takes time to secure a license), and as such, no
license is obtained, the marriage is void for lack of valid marriage license.
-Moreover, the parties are liable for perjury.

*If for instance, a couple already civilly married before a judge, military commander, or consul, would want to religiously
ratify their union in accordance with the rites of their church or sect, there is no need anymore to secure a marriage
license. The ratification shall be considered as purely a religious ceremony.
*Any subsequent wedding ceremonies following a previous ceremony, such as a silver wedding anniversary, are only
religious ceremonies that do not require any marriage license.

Manzano vs Sanchez
-The entire 5 years of cohabitation must be free from impediments.
Ninal vs. Badayog
-Under the Civil Code, the entire 5 years of cohabitation must be free from impediment.
-Here, under Article 34 of the Family Code, it is sufficient that the impediment is removed at the time of the
solemnization of the marriage.

CHAPTER 3: VOID AND VOIDABLE MARRIAGES

Article 35: The following marriages shall be void from the beginning:
(1) Those contracted by any party below 18 years of age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were
contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority
to do so;
(3) Those solemnized without license, except those covered in the preceding Chapter;
(4) Those bigamous or polygamous marriages not falling under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the other; and
(6) Those subsequent marriages that are void under Article 53.

(1) Contract by parties below 18 years

 The marriage is void even if the parties had parental consent because the essential requisite of legal capacity of
the contracting parties under Article 2 is lacking.
 The marriage is void whether only one or both of the parties are below 18.

(2) Solemnized by person with no authority

 Applies only to imams, priests, rabbis, etc. who under the law are required to obtain license from the local civil
registrar before they can solemnize marriages but did not secure such license. The LICENSE gives them the
authority to solemnize marriages (Article 7).
 Can be cured: The marriage is valid if either or both contracting parties had believed in good faith that the
solemnizing officer had legal authority.
 “Good faith” here means after reasonable inquiry and investigation.

(3) Solemnized without a marriage license

 This is subject to exceptions in the preceding Chapter of this Code.
 Marriage in articulo mortis (Article 27)
 Marriage in a remote place (Article 28)
 Marriages among Muslims and among members of the ethnic cultural communities, provided that they are
solemnized in accordance with their customs, rites, and practices (Article 33)
 Ratification of marital cohabitation (Article 34)

(4) Bigamous or polygamous marriage

 Exception is Article 41: If the prior spouse had been absent for 4 consecutive years and the spouse present had
a well-founded belief that the absent spouse was already dead.
 Here, the good faith of either party is immaterial.

(5) Contracted through mistake of one party as to the identity of the other
 Here, there is absence of consent.
 The mistake here is with regard to the physical identity of one of the parties, and not with regard merely to the
character, health, rank, fortune, or chastity of one party to the marriage.
 That is, there is a substitution of another party for the party who agreed to the marriage, without the
knowledge of the other contracting party. Here, there is absence of consent, which is an essential requisite of
marriage.

Additional:
 (6) Under Article 53, due to non-compliance of Article 52.

Not an exclusive list

 There are marriages which lack any of the essential or formal requisites of marriage under Articles 2 and 3 and
are void, even if this Article does not include them.
 Examples: psychologically incapacitated party, incestuous marriage, void for reasons of public policy, and a
second marriage without complying with Article 52 on delivery of the presumptive legitime of children
(“presumptive legitime” is part of the testator’s property which he cannot dispose because the law has reserved
it for certain compulsory heirs. It is an exception that children are only entitled to legitime upon death of their
parent/s.)

Status of children born before the judgment of absolute nullity: LEGITIMATE (Article 54).
Study express provision of RA 11596 on status of children (legitimate/illegitimate) and property (Section 6).

Article 36: A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to
comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest
only after its solemnization.

-This is adopted from the third paragraph of Canon 1095 of the New Code of Canon Law (those who, because of causes
of a psychological nature, are unable to assume the essential obligations of marriage), for the following reasons:

1. As a substitute for divorce

2. As a solution of the problem of Church-annulled marriages
3. As an additional remedy
4. For grave lack of discretion (because of Andal vs. Andal)

Note: The Catholic Church has a marital tribunal for annulment, not for declaration of nullity or divorce.

What is psychological incapacity?

-Psychological incapacity has nothing to do with consent to marriage. It is not a question of defective consent.
-Psychological incapacity is distinguished from insanity in that the latter is a vice of consent (circumstances affecting the
nature of consciousness and the free will to conclude an act), while the former is not.

What is psychological incapacity? –From cases

Dedel vs. CA
-Sexual infidelity can hardly qualify as being mentally or psychologically ill to such an extent that the party could not have
known the obligations she was assuming, or knowing them, could not have given a valid assumption thereof. Neither
could emotional immaturity and irresponsibility be equated with psychological incapacity.
-It must be shown that these acts are manifestations of a disordered personality which make the party completely unable
to disacharge the essential obligations of the marital state.
Dytianquin vs. Dytianquin
-Unequivocally, psychological incapacity must be more than just a “difficulty”, “refusal”, or “neglect” in the performance
of the marital obligations. It is not enough that a party prove that the other failed to meet the responsibility and duty of
a married person.
-Rather, it must be shown that these acts are manifestations of a disordered personality which makes a party completely
unable to discharge the essential obligations of the marital state.
-Psychological incapacity should refer to no less than a mental (not physical) incapacity that causes a party to be truly
incognitive of the basic marital covenants that.

Guides to the interpretation of the term “psychological incapacity”

1. Homosexuality or lesbianism
2. Satyriasis or nymphomania
 3. Extremely low intelligence
4. Immaturity
5. Epilepsy
6. Habitual alcoholism
7. Criminality
8. Refusal of the wife to dwell or have sex with the husband without fault on the part of the latter or to have
children
9. Compulsive gambling, unbearable jealousy, or other psychic or psychological causes of like import and gravity
10. Sociopathic anomalies like: sadism, infliction of physical violence, constitutional laziness or indolence, drug
dependence or addiction, or some kind of psychosexual anomaly

When should psychological incapacity become manifest?

-To be a ground for declaration of nullity of marriage, the psychological incapacity of either party to comply with the
essential marital obligations must already be present at the time of the marriage, although it might have become
manifest only after the marriage.

What are the effects of psychological incapacity to the marriage and parties?
-The marriage initially at the time of the solemnization is valid. The presumption is that the marriage is valid, although if
declared void it retroacts to the solemnization of the marriage. Not legal effect shall flow from the void contract.
-The psychologically incapacitated person is not disqualified from marrying again.
-The children conceived or born before the decree of nullity of marriage are considered legitimate (Article 54).

Substantive issues
-Either party, even the psychologically incapacitated, can file the action.
-Psychological incapacity is not a ground for annulment in the Civil Code (before August 3, 1988).

Substantive issues –From cases

Camacho Reyes vs. Reyes (cited in Dela Fuente vs. Dela Fuente)
-The non-examination of one of the parties will not automatically render as hearsay or invalidate the findings of the
examining psychiatrist or psychologist, since marriage, by its very definition, necessarily involves only two (2) persons. As
such, the totality of the behavior of one spouse during the cohabitation and marriage is generally and genuinely
witnessed mainly by the other.
-The absence of such personal examination is not fatal so long as the totality of evidence sufficiently supports a finding of
psychological incapacity. Consequently, petitioner bears the burden of proving the gravity, juridical antecedence, and
incurability of respondent spouse’s psychological incapacity.

Molina Doctrine (abandoned in Marcos vs. Marcos):

1. The burden of proof to show the nullity of the marriage belongs to the plaintiff.
2. The root cause of the psychological incapacity must be
a. Medically or clinically identified
b. Alleged in the complaint
c. Sufficiently proven by experts
d. Clearly explained in the decision
3. The incapacity must be proven to be existing at the time of the celebration of the marriage.
4. Such incapacity must also be shown to be medically or clinically permanent or incurable.
5. Such illness must be grave enough to bring about the disability of the party to assume the essential obligations
of marriage.
6. The essential marital obligations must be those embraced by Articles 68 to 71 of the FC as regards the husband
and wife as well as Articles 220, 221, and 225 of the same Code in regard to parents and their children.
7. Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines
while not controlling or decisive should be given great respect by our courts.
8. The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for
the State.
Santos Guidelines:
Psychological incapacity must be characterized by the following:
1. Gravity- grave or serious such that the party would be incapable of carrying out the ordinary duties required in
marriage.
2. Juridical antecedence- rooted in the history of the party antedating the marriage, although the overt
manifestations may emerge only after the marriage.
3. Incurability- incurable or, even if it were otherwise, the cure would be beyond the means of the parties
involved.

 Established parameters do not require that the expert witness personally examine the party alleged to be
suffering from psychological incapacity, provided corroborating evidence are presented sufficiently establishing
the required legal parameters.

FOCUS ON:
Andal vs. Andal
-Narcissistic Antisocial Personality Disorder, rendered by his childhood years, lured into drugs, became psychotic.
-Of the Molina Guidelines, which have been abandoned?
-Abandoned:
(1) Medically or clinically identified and sufficiently proved by experts
(2) Juridical antecedents still required, but not anymore by experts
(3) No more psychological disorder
-Limit reading up to the Canonical Decisions vis-à-vis secular decisions, as Article 36 is based on Canon Law of the
Catholic Church.
-Canonical decisions are persuasive, secular decisions are authoritative.
-Do not include essential marital obligations.

Article 37: Marriages between the following are incestuous and void from the beginning, whether relationship between
the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree. (ascending and descending)
(2) Between brothers and sisters, whether of the full or half blood. (collateral)
Article 38: The following marriages shall be void from the beginning for reasons of public policy:

(1) Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree
(2) Between step-parents and their step-children
(3) Between parents-in-law and children-in-law
(4) Between the adopting parent and the adopted child
(5) Between the surviving spouse of the adopting parent and the adopted child
(6) Between the surviving spouse of the adopted child and the adopter
(7) Between an adopted child and the legitimate child of the adopter
(8) Between adopted children of the same adopter
(9) Between parties where one, with the intent to marry the other, killed that other person’s spouse, or his or her
own spouse

NOT impediments to marriage:

1. Brother-in-law and sister-in-law
2. Stepbrother and stepsister
3. Guardian and ward
4. Adopted and illegitimate children of the adopter
5. Adopted son of the husband, and adopted daughter of the wife
6. Parties who have been convicted of adultery or concubinage
For No. 9: There must be a final judgement stating/ finding by the court that the killing was motivated by one’s intention
to marry another (intended). Without this declaration, the marriage is valid. It cannot be assailed as void.

Article 39: The action or defense for the declaration of absolute nullity of a marriage shall not prescribe.

There is need to declare a void marriage as void or invalid.

All actions or defenses for the declaration of the absolute nullity of a marriage, including those based on Article 36, are
imprescriptible.

Article 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.

Only for purposes of remarriage, not as a defense for bigamy (Pulido vs. People).

Pulido vs. People

-The final judgment declaring a previous marriage void may be for the purpose of remarriage and other purposes (also in
Domingo vs. CA):
(a) Dissolution of conjugal partnership
(b) Resolution of legitimacy of children
(c) As a means to suspend criminal proceedings on the ground of a prejudicial question
-But NOT for the defense against bigamy.
-Defense against the crime of bigamy may be proven by other evidence, despite the absence of a court declaration of the
nullity of marriage. Other evidence: certification, etc.

Castillo vs. Castillo

-Under the Civil Code, there is no need to obtain a final judgment for the absolute nullity of a previous marriage before
the same may be considered void.
-The parties can present evidence or assets as proof of nullity.

Atienza vs. Brillantes

-Need to obtain a judicial declaration of absolute nullity of marriage because the 2nd marriage was celebrated under the
Family Code.

 A void marriage must first be declared void for purposes of remarriage

 Parties to a marriage are not permitted to judge for themselves its nullity, only competent courts have
authority.
 The marriage of a person may be null and void but there is a need of judicial declaration of such fact before that
person can marry again. Otherwise, the second marriage will also be void.
 With the judicial declaration of nullity of a first marriage, the person who remarries cannot be charged with
bigamy.
 Article 40 is applicable to all remarriages entered into after the effectivity of the FC (August 3, 1988), regardless
of the date of the first marriage (Atienza vs. Brillantes).
 Article 40 is a rule of procedure and therefore retroactive insofar as it does not prejudice or impair vested
rights.
 The clause “on the basis solely of a final judgment” denotes that such final judgment declaring the previous
marriage void need not be obtained only for the purpose of remarriage.

Rules on declaration of absolute nullity of void marriages:

 Prescription- actions or defense for the declaration of absolute nullity of marriages does not prescribe.
 Only the husband or wife may file the petition before the Family Court.
 The petition must:
 1. Specifically allege the complete facts including physical manifestations, if any, showing that either or both
parties were psychologically incapacitated from complying with the essential marital obligations, even if
such incapacity becomes manifest only after its celebration.
2. Expert opinion need not be alleged.

Rules on annulment of voidable marriages:

1. Persons given the right to file action- Article 45
2. Prescriptive period- Article 47

Provisions common to both actions:

 The petition shall be filed in the Family Court in the province or city where the petitioner or respondent had
been residing for at least 6 months prior to the date of filing, or if non-resident, or if respondent is a non-
resident, where he may be found in the Philippines at the election of the petitioner.
 The petition must be verified, accompanied by a certification against forum shopping, and personally by the
petitioner, not solely by counsel or through an attorney-in-fact.
 No motion to dismiss is allowed except if ground is lack of jurisdiction over the subject matter or over the
parties, and if respondent fails to file an answer within the required period, the latter shall not be declared in
default.
 A pre-trial is mandatory and the respondent who failed to file an answer is likewise entitled to notice of said
pre-trial.
 FAILURE TO APPEAR- (1) if by petitioner or through his counsel or authorized representative: dismissal of action.
(2) if by respondent: the pre-trial shall proceed but the public prosecutor is required to investigate whether
collusion exists between the parties.
 The presiding judge must personally conduct the trial. No delegation of reception of evidence is allowed, except
to matters involving property relations. The grounds must be proved. No judgment on the pleadings, summary
judgment, or confession of judgment is allowed.
 Persons having no direct interest in the case may be excluded from the courtroom on any of the ff. grounds:
1. If the court determines on record that requiring a party to testify in open court would not enhance the
ascertainment of the truth.
2. If it would cause to the party psychological harm or inability to effectively communicate due to
embarrassment, fear, or timidity.
3. If It would violate the right of a party to privacy or would be offensive to decency or public morals.
 Furthermore, records of the proceedings are strictly confidential and no copy of the records may be taken or
examined, or perused except by a party or counsel of a party unless upon order of the court.
 If the courts grant the petition, the decree of either annulment or nullity shall only be issued if the parties
comply:
1. Article 50: liquidation, partition, and distribution of the spouses the custody and support of the common
children, and the delivery of their presumptive legitimes.
2. Article 51 and 52: value of the presumptive legitimes and the form that shall constitute it.
 The prevailing party has the duty to register the decree both in the civil registry of the place where the marriage
was recorded and the civil registry of the place where the Family Court granting the petition for annulment or
nullity is located.
 The decree shall be the best evidence to prove the declaration of absolute nullity or annulment of marriage that
will also serve as notice to 3rd person concerning the properties of the parties as well as the presumptive
legitimes delivered to the common children.
 Effect of death:
1. Before entry of judgment- the case shall be closed and terminated without prejudice to the settlement of
the estate in proper proceedings
2. After entry of judgment- judgment shall be binding upon the parties and their successors-in-interest.

*Exception to Article 40
Article 41: A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless
before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the
spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where
there is danger of death under the circumstances set forth in Article 391 of the Civil Code, an absence of only two years
shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must
institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee,
without prejudice to the effect of reappearance of the absent spouse.

Second paragraph: Solely for the purpose of remarriage. NO OTHER PURPOSE.

What are the 4 requisites under Article 41? (Republic vs. Nolasco)
1. The absent spouse has been missing for 4 consecutive years, or 2 consecutive years if the disappearance
occurred where there is danger of death under Article 391 of the Civil Code.
2. The present spouse wishes to remarry. (applies only to the spouse present)
3. The present spouse has a well-founded belief that the absentee is dead. (most difficult to prove)
4. The present spouse files for a summary proceeding for the declaration of presumptive death of the absentee.
(without prejudice to the reappearance of the disappearing spouse)

Kind of bigamous marriages under this article:

1. The void bigamous marriage, which is contracted by a person during the subsistence of his previous marriage.
Here, the good faith of the party who remarries is immaterial- the second marriage will still be void. On the
other hand, the person who remarries in bad faith is even criminally liable for bigamy.
2. The voidable bigamous marriage, which is contracted by a person whose spouse had been absent for four
consecutive years or two years, said person having a well-founded belief that his or her absent spouse was
already dead, and after having the latter judicially declared presumptively dead in a summary proceeding.

*Absent spouse- the other spouse has been missing for at least 4 years, it being unknown whether or not he is still alive,
and the present spouse having a well-founded belief that the missing spouse is already dead.

The period of 4 years is reduced to 2 years if there was danger of death as provided in Article 391 of the Civil Code:
1. The missing person was on board a vessel lost during a sea voyage, or an airplane which is missing.
*The ship or the airplane must also be missing.
2. The missing person was in the armed forces and had taken part in war.
3. The missing person was in danger of death under other circumstances.
The 2-year period of absence is computed from the occurrence of the event from which death is presumed.

What is the importance of the juridical declaration of presumptive death of spouse?

1. It constitutes proof that petitioner acted in good faith, and would negate criminal intent on his part when
remarrying
2. It is also for the benefit of the State. Under Article 2, Section 12 of the Constitution: The State shall protect and
strengthen the family as a basic autonomous social institution.

What does well-founded belief mean?

(Republic vs. Villanueva)
 The well-founded belief in the absentee’s death requires the present spouse to:
1. Prove that his belief was the result of diligent and reasonable efforts to locate the absent spouse
2. That based on these efforts and inquires, he believes that under the circumstances, the absent spouse is dead
 Mere absence of the spouse (even beyond the period required by law), lack of any news that the absentee is
still alive, mere failure to communicate, or general presumption of absence under the Civil Code will not suffice.
 Article 41 places upon the present spouse the burden of complying with the stringent requirement of “well-
founded belief” which can only be discharged upon a showing of proper and honest-to-goodness inquiries and
 efforts to ascertain not only the absent spouse’s whereabouts, but whether the absent spouse is still alive or is
already dead. (presumption only, no need for absolute certainty)

Republic vs. Villanueva

-Presumption only, no need for absolute certainty.

Under the Civil Code: No need for decree. But the period of absence needed is 7 consecutive years. May be less than 7, if
the present spouse considers the absentee dead and believes it to be so.

Prevailing Doctrine: Republic vs. Cantor

-Standards for well-founded belief are discussed here.

Manuel vs. People

Article 42: The subsequent marriage referred to in the preceding Article shall be automatically terminated by the
recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous
marriage or declaring it void ab initio.

A sworn statement of the fact and circumstances of reappearance shall be recorded 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 the spouses of the
subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is
disputed.

Effects of reappearance of absent spouse:

Subsequent marriage is automatically terminated, subject to 3 requirements:
(1) By the recording of affidavit of reappearance
(2) Sworn statement of the fact and circumstance of reappearance , recorded in the civil registry of residence of the
parties in the subsequent marriage
(3) Due notice to spouses of subsequent marriage

There is no need to annul the decree of declaration of presumptive death.

MEMORIZE

MEMORIZE 2-5

Article 43: The termination of the subsequent marriage referred to in the preceding Article shall produce the following
effects:

(1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate and
their custody and support in case of dispute shall be decided by the court in a proper proceeding.
(2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and
liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the
community property or conjugal partnership property shall be forfeited in favor of the common children or, if
there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent
spouse. (must be legitimate children of the guilty spouse)
(3) Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad
faith, such donations made to said donee are revoked by operation of law. (should be given before the marriage
ceremony, to the bride’s house)
(4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in
any insurance policy, even if such designation be stipulated as irrevocable, and
(5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the
 innocent spouse by testate and intestate succession.

*NET PROFITS- Definition is found in Article 102(4): “The increase in value between the market value of the community
property at the time of the celebration of the marriage and the market value at the time of its dissolution”
-Not the entire share of either husband/wife
-Increase in value between the time of the celebration of marriage and at the time of the dissolution of marriage.

(3) No need for the donor to execute deed of revocation. Donor can immediately demand for the return of what has
been donated.
(4) “May”
-Hence, there is no need to obtain consent from beneficiary, even if irrevocable.
-But only an option of the spouse because of the use of the word “may”.
(5) With or without will, guilty spouse will not inherit.

MEMORIZE

Article 44: If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab initio and all
donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by
operation of law.

-The marriage is now void and bigamous.

-The effects of Article 44 shall now apply to such marriage, instead of Article 43.

Voidable/Annullable Marriages
Note: Annullable marriages are valid until otherwise declared annulled by the court.
To cure the defect: Free cohabitation and failure to file action in the prescriptive period.

Article 45: Grounds (Note: Must be existing at the time of the celebration.)
Article 46: Fraud. What constitutes it?
Article 47: Prescriptive period (Unlike void marriages that do not prescribe)

Article 45 Article 46 Article 47

(1) That the party in whose behalf it is (1) Prescriptive period would
sought to have the marriage annulled was depend on who filed the
18 years of age or over but below 21, and action.
the marriage was solemnized without the
consent of the parents, guardian or person If parent: Shorter period. At
having substitute parental authority over any time before the party
the party, in that order, unless after reaches the age of 12.
attaining the age of 21, such party freely
cohabited with the other and both lived
If child: 5 years after
together as husband and wife.
attaining the age of 21.

Ratified by free cohabitation

after reaching 21.
Question: If the parent subsequently gives consent, but the child wishes to have his/her marriage annulled, whose
wish shall prevail?
Answer: While we have the Constitutional provision on protecting the sanctity of marriage, the one who will prevail in
this situation is the one who has the right to institute the action. The defect/irregularity in this voidable marriage
cannot be cleansed/cured by a subsequent/eventual grant of parental consent. Only free cohabitation will cure the
defect.
(2) That either party was of unsound No prescriptive period (any
mind, unless such party after coming to
reason, freely cohabited with the other as
husband and wife.
Unsound mind:
Depends on degree of insanity
-mere mental weakness does not equate
to an unsound mind
-schizophrenic may take medicines
(3) That the consent of either party was
obtained by fraud, unless such party
afterwards, with full knowledge of the
facts constituting the fraud, freely
cohabited with the other as husband and
wife;
Note: Definition of Fraud in Republic vs.
Villacorta
-The wife here had several affairs
-But she informed her husband about
her pregnancy, hence, there was no
concealment.
(4) That the consent of either party was
obtained by force, intimidation or undue
influence, unless the same having
disappeared or ceased, such party
thereafter freely cohabited with the other
as husband and wife (vice of consent)
(5) That either party was physically
incapable of consummating the marriage
with the other, and such incapacity
continues and appears to be incurable.
Impotency- male
time before death of either
party) filed by:
1. Insane during lucid
interval
2. Party of sound
mind
Ratified by free cohabitation
after the insane regains
insanity.
Exclusive List. 5 years after discovery of
fraud
(1) Non-disclosure of a previous
conviction by final judgment of the other
party of a crime involving moral turpitude.
*moral turpitude- when man descends
into the level of a beast (ex. rape) OR
when a lawyer issues cheques that are
unfunded
(2) Concealment by the wife of the fact
that at the time of the marriage, she was
pregnant by a man other than her husband.
Concealment here is of pregnancy, not
because the husband is not the author of
the pregnancy.
(3) Concealment of sexually transmissible
disease, regardless of its nature, existing at
the time of the marriage.
Correlate with Article 45(6): STD being
serious and appears to be incurable (ex.
HIV or syphilis)
Here in Article 46 (3), it is regardless of the
nature of the STD, whether it might be
curable or treatable.
(4) Concealment of drug addiction,
habitual alcoholism or homosexuality or
lesbianism existing at the time of the
marriage.
5 years from the force/
intimidation
5 years after solemnization
of the marriage.
 Frigidity- female

Must be ABSOLUTE, not relative.

Doctrine of triennial cohabitation- if the

wife remains a virgin after 3 years of
marriage, the husband is presumed
impotent.
(6) That either party was afflicted with a 5 years after solemnization
sexually-transmissible disease found to of the marriage.
be serious and appears to be incurable.
Question: If the afflicted spouse is not aware of his condition , can it defeat the ground for annulment?
Answer: No, for medical reasons. Good faith here is immaterial.

Article 48: In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting
attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to
take care that evidence is not fabricated or suppressed.

In the cases referred to in the preceding paragraph, no judgment shall be based upon a stipulation of facts or confession of
judgment.

When one files a petition for annulment or declaration of absolute nullity of marriage, the State is always interested in
the preservation of marriage. It must care to prevent collusion and that evidence is not suppressed.

Stipulation of facts- not allowed.

Confession of judgment- not allowed.

Article 49: During the pendency of the action and in the absence of adequate provisions in a written agreement between
the spouses, the Court shall provide for the support of the spouses and the custody and support of their common children.
The Court shall give paramount consideration to the moral and material welfare of said children and their choice of the
parent with whom they wish to remain as provided to in Title IX. It shall also provide for appropriate visitation rights of
the other parent.

1. Support
-Excluded here are illegitimate children, whose support shall be the sole duty of their parent.
2. Custody of common children (depends on ages, if 7 years above they are given a choice, if below 7 stays with
mother unless unfit then Court will determine)
3. Visitation rights

Article 50: The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by Article 44 shall also apply in
the proper cases to marriages which are declared ab initio or annulled by final judgment under Articles 40 and 45.

The final judgment in such cases shall provide for the liquidation, partition and distribution of the properties of the
spouses, the custody and support of the common children, and the delivery of third presumptive legitimes, unless such
matters had been adjudicated in previous judicial proceedings.

All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the
proceedings for liquidation.

In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated in accordance with the
provisions of Articles 102 and 129.

Memorize Articles 43 and 44.

Two exceptions under Article 50:
1. Would refer to the subsequent void marriage (not applicable to the first void marriage).
2. Property regime of child marriages: Absolute community of property

Note: There are now three kinds of void marriages:

(1) Legal impediments
(2) Upon knowledge of nullity of marriage, did not file petition (subsequent marriage also void)
(3) Child marriage is now included

Article 51: In said partition, the value of the presumptive legitimes of all common children, computed as of the date of the
final judgment of the trial court, shall be delivered in cash, property or sound securities, unless the parties, by mutual
agreement judicially approved, had already provided for such matters.

The children or their guardian or the trustee of their property may ask for the enforcement of the judgment.

The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate successional rights of
the children accruing upon the death of either of both of the parents; but the value of the properties already received under
the decree of annulment or absolute nullity shall be considered as advances on their legitime.

2nd paragraph: How? Pray for issuance of write of execution to comply with court order.
Reason: To protect the interest of children and their rights.

REFER TO PRINTOUT FOR NOTES

Article 52: The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the
properties of the spouses and the delivery of the children’s presumptive legitimes shall be recorded in the appropriate
civil registry and registries of property; otherwise, the same shall not affect third persons.

Requirements:
The recording in the appropriate civil registry and registries of property the following:
1. Judgment of annulment or of absolute nullity of the marriage
2. Partition and distribution of the properties of the spouses
3. Delivery of the children’s presumptive legitimes.

 The judgment of annulment or absolute nullity of marriage, the partition and distribution of the properties of
the spouses, and the delivery of the children’s presumptive legitimes shall be recorded:
a. In the appropriate civil registry
b. In the registries of property of the places where the real properties distributed and delivered are located
 Third persons will not be affected and prejudiced by the aforesaid judgment unless the recording
aforementioned is complied with.

Article 53: Either of the former spouses may marry again after compliance with the requirements of the immediately
preceding Article; otherwise, the subsequent marriage shall be null and void.

 Either of the former spouses may marry again only after complying with all the requirements of the preceding
article.
 If any one of them marries again without complying with such requirements, the subsequent marriage shall be
null and void.

Article 54: Children conceived or born before the judgment of annulment or absolute nullity of the marriage under
Article 36 has become final and executory shall be considered legitimate. Children conceived or born of the subsequent
marriage under Article 53 shall likewise be legitimate.
  This is an exception. The general rule is that children born outside of marriage are illegitimate.
 Children conceived or born of the subsequent marriage under the immediately preceding article (Article 53)
shall, however, be legitimate, although said subsequent marriage is null and void.
 Children conceived or born before the judgment of annulment of marriage under the preceding provisions shall
be considered legitimate. This is because voidable or annullable marriages are valid until annulled.
 Children of marriages that are judicially declared null and void ab initio, however, are illegitimate (Article 165),
except for children born of the void marriages under Article 36 and Article 53.

TITLE 2: LEGAL SEPARATION

Article 55: A petition for legal separation may be filed on any of the following grounds:
(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a
child of the petitioner;
(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to
engage in prostitution, or connivance in such corruption or inducement;
(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.
For purposes of this Article, the term “child” shall include a child by nature or by adoption.

 Legal separation or relative divorce is different from absolute divorce in that the former is only a separation
from bed and board but the parties remain married, while the latter dissolves the marriage and the parties can
marry again.
 Foreign divorces obtained by Filipinos in are not valid in the Philippines because divorce is not allowed in the
Philippines and Filipinos cannot evade Philippine law by going abroad and getting divorces there. Under Article
15 of the NCC, Philippine law governs the status of Filipinos wherever they may be and even if they are abroad.
 Mere preponderance of evidence, not guilt beyond reasonable doubt, will suffice to prove the existence of any
of the grounds, although in Article 55 (4), previous criminal conviction is essential in view of the necessity of a
final judgment.
 Article 55 (4): This presupposes conviction. The ground applies even if the respondent had already been
pardoned by the President.
 Article 55 (5): If the drug addiction or habitual alcoholism was concealed from the other spouse, it also
constitutes fraud which is a ground for annulment of marriages if present at the time of the marriage. If the
drug addiction or habitual alcoholism of one spouse was present at the time of the marriage and deprived him
or her of the capacity to perform the essential obligations of marriage, it can even amount to psychological
incapacity under Article 36.
 Article 55 (6): If it was already present at the time of the wedding, it can be a ground either for declaring the
marriage void under Article 36 or for annulment of marriage, if it was concealed from the other spouse.
 Article 55 (9): There is no need for criminal conviction for the ground to be invoked.
 Article 55 (10): Abandonment means desertion of the conjugal dwelling without intention of returning.

Legal separation vs. Separation of property

Legal separation
The common life of the spouse is suspended, both as
to person and as to properties.
Legal separation cannot be granted on mere
agreement of the parties.
Separation of property
Only the property relations of the spouses are suspended.
That is, they may still be living together, but their absolute
community of property or conjugal partnership is dissolved.
Separation of property can be effected by agreement of the
parties, subject to court approval (Articles 134 and 136).
 Legal separation always involves separation of There can be separation of property without legal separation.
property.

Legal separation vs. Separation de facto

Legal separation
Legal separation can be effected only by decree of court.
Legal separation necessarily results in dissolution of the
parties’ absolute community of property or conjugal
partnership, the guilty party can no longer inherit from
the innocent party, and the former’s shar in the next
profits of the absolute community of property or conjugal
partnership is forfeited.
Separation de facto
In separation de facto, the parties can separate at any
time without court order.
In separation de facto, the property relations of the
spouses remain and they are still heirs of each other, no
matter how guilty one spouse is, unless the innocent
spouse disinherits the guilty in his or her will.

Article 56: The petition for legal separation shall be denied on any of the following grounds:
(1) Where the aggrieved party has condoned the offense or act complained of;
(2) Where the aggrieved party has consented to the commission of the offense or act complained of;
(3) Where there is connivance between the parties in the commission of the offense or act constituting the
ground for legal separation;
(4) Where both parties have given ground for legal separation;
(5) Where there is collusion between the parties to obtain decree of legal separation; or
(6) Where the action is barred by prescription.

Defenses in legal separation:

(1) Condonation
 Condonation is the forgiveness or pardon of the guilty spouse by the aggrieved spouse. It may be
express or implied. It comes after, not before the commission of the offense.
(2) Consent
 Consent may be express or implied. It comes before the act.
(3) Connivance
(4) Mutual guilt (recrimination)
 This defense is based on the principle that a person must come to court with clean hands.
(5) Collusion
 There is collusion when the spouses agree to make it appear in court that one of them has committed a
ground for legal separation, or to suppress evidence of a valid defense of such action, for the purpose
of enabling the other to obtain a decree of legal separation.
(6) Prescription
 If the action is already barred by prescription under Article 57, it will not prosper.
 Even if the prescription is not alleged, the court can take cognizance thereof for the purposes of
dismissing the action, since such action involves public policy and it is the policy of the law that no
decree of legal separation be issued if there is a legal obstacle thereto appearing in the record.

Article 57: An action for legal separation shall be filed within five years from the time of the occurrence of the cause.

The period for prescription under the above article is within five years from the time of the occurrence of the cause,
which is long enough for any aggrieved spouse to discover the cause and to bring the matter to court. If he or she still
does not file the action with the said period of five years, he or she is deemed to have waived the right to file the same
or to have preferred not to file the action.

Article 58: An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of
the petition.
  This article is intended to give the spouses a chance to reconcile. The 6-month period after the filing of the
action is a cooling-off period given by law to the spouses during which their passions may subside, the offended
spouse may forgive the offending spouse, and reconciliation between them may take place.
 Even during this period of 6 months however, the court must still provide for the support of the spouses and the
children as well as the custody of the children.
 Where violence as specified in RA 9262 is alleged, Article 58 of the Family Code shall not apply. The court shall
proceed on the main case and other incidents of the case as soon as possible. Said violence as specified in RA
9262 refers to any of the following:
1. Physical violence
2. Sexual violence
3. Psychological violence, and
4. Economic abuse

Article 59: No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses
and is fully satisfied, despite such efforts, that reconciliation is highly improbable.

 The court must have first taken steps toward the reconciliation of the spouses and be fully satisfied, despite
such effects, that reconciliation is highly improbable, before any legal separation may be decreed.
 Purpose of the article: To see to it that all avenues for reconciliation are exhausted to prevent the break-up of
the marriage, before legal separation is granted.

Article 60: No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment.

In any case, the Court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion
between the parties and to take care that the evidence is not fabricated or suppressed.

Legal separation cannot be granted on stipulation of facts or confession of judgment:

 There must be proof of the ground for legal separation, not a mere stipulation or agreement of the parties that
such ground exists or a confession of judgment on the part of the respondent or defendant spouse. The rule is
intended to prevent collusion between the parties.
 Proof of facts may either be direct or circumstantial and mere preponderance of evidence is enough, unlike in
criminal cases where there must be proof beyond reasonable doubt.
 If the defendant does not answer the complaint or appear at the trial, the plaintiff or petitioner must still
present his or her evidence.
 Even if the defendant admits the allegations of the petition or the complaint, if there is evidence of the ground
for legal separation independently of such admission, the decree is still valid. What the law prohibits is a
judgment based exclusively or mainly on the confession of judgment.

Article 61: After the filing of the petition for legal separation, the spouses shall be entitled to live separately from each
other.

The court, in the absence of a written agreement between the spouses, shall designate either of them or a third person
to administer the absolute community or conjugal partnership property. The administrator appointed by the court shall
have the same powers and duties as those of a guardian under the Rules of Court.

Effects of the filing of the petition for legal separation:

(1) After the filing of the petition for legal separation, the spouses are already to live separately from each other.
(2) Since the parties are already entitled to live separately, the husband has no more right to have sexual
intercourse with his wife and if he forces himself upon her, he can be charged with rape.
(3) In the absence of an agreement between the parties, the court shall designate the husband or the wife to
manage the absolute community or conjugal partnership property.
 (4) The court may even designate a third person to administer the properties of the couple.
(5) In every case, the administrator appointed by the court shall have the same powers and duties as a guardian
under the Rule of Court. He or she cannot, therefore, alienate or encumber any property of the psouses without
court authority.

Article 62: During the pendency of the action for legal separation, the provisions of Article 49 shall likewise apply to the
support of the spouses and the custody and support of the common children.

An action for legal separation is purely personal between the spouses. Hence, the death of one party causes the death of
the action itself and the action must be dismissed.

Article 63: The decree of legal separation shall have the following effects:

(1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed;
(2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall
have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall
be forfeited in accordance with the provisions of Article 43(2);
(3) The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of
this Code; and
(4) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession.
Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by
operation of law.

Effects of legal separation:

1. Spouses are entitled to live separately, but marriage bonds are not severed.
2. Absolute community or conjugal partnership between the parties is dissolved.
3. Custody of minor children shall be awarded to the innocent spouse subject to the provision of Article 213.
4. The offending spouse is disqualified from inheriting from the innocent spouse by intestate succession, and
provisions in his favor in will of latter is revoked by operation of law.

 The wife cannot drop the surname of the husband after the decree of legal separation because they are still
married.
 The dissolution and liquidation of the conjugal partnership upon issuance of the decree of legal separation shall
be automatic.

Article 64: After the finality of the decree of legal separation, the innocent spouse may revoke the donations made by
him or by her in favor of the offending spouse, as well as the designation of the latter as beneficiary in any insurance
policy, even if such designation be stipulated as irrevocable. The revocation of the donations shall be recorded in the
registries of property in the places where the properties are located. Alienations, liens and encumbrances registered in
good faith before the recording of the complaint for revocation in the registries of property shall be respected. The
revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof
to the insured.

The action to revoke the donation under this Article must be brought within five years from the time the decree of legal
separation become final.

What are two things that may be revoked by the innocent spouse?
1. Donations made in favor of the offending spouse.
2. Designation of the offending spouse as beneficiary in the insurance contracts of the innocent spouse.

Article 65: If the spouses should reconcile, a corresponding joint manifestation under oath duly signed by them shall be
filed with the court in the same proceeding for legal separation.
This article requires the spouses, should they reconcile, to file a joint manifestation under oath duly signed by both, in
the same proceeding for legal separation. And this is true whether the proceeding is still pending or it has already been
terminated by a decree of legal separation.

Article 66: The reconciliation referred to in the preceding Articles shall have the following consequences:

(1) The legal separation proceedings, if still pending, shall thereby be terminated at whatever stage; and
(2) The final decree of legal separation shall be set aside, but the separation of property and any forfeiture of the share
of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former property regime.

The court’s order containing the foregoing shall be recorded in the proper civil registries.

 Generally, forfeiture of the share of the guilty spouse remains if there should be a reconciliation.
 An exception is when the parties agree to revive the former property regime.

Article 67: The agreement to revive the former property regime referred to in the preceding Article shall be executed
under oath and shall specify:
(1) The properties to be contributed anew to the restored regime;
(2) Those to be retained as separated properties of each spouse; and
(3) The names of all their known creditors, their addresses and the amounts owing to each.

The agreement of revival and the motion for its approval shall be filed with the court in the same proceeding for legal
separation, with copies of both furnished to the creditors named therein. After due hearing, the court shall, in its order,
take measure to protect the interest of creditors and such order shall be recorded in the proper registries of properties.

The recording of the ordering in the registries of property shall not prejudice any creditor not listed or not notified,
unless the debtor-spouse has sufficient separate properties to satisfy the creditor’s claim.

 Note the protection given to the creditors.

 Creditors who were not notified or not listed in the order shall not be prejudiced.