REVIEWER 1: COMPILATION OF RATIO DECIDENDI Case Griswold v.

Connecticu t Due Process Key Facts Statute prohibition on sale/ distribution of contraceptives; Doctors gave information and medical advice to married persons on how to prevent conception - Statute prohibition on sale/ distribution of contraceptives to singles; Doctor arrested for handing vaginal foam to a female after his lecture and Equal Protection Cases Ratio Prohibition of use of contraceptives violates the right of marital privacy within the penumbra of specific guarantees of the Bill of Rights.

Eisenstadt v. Baird

Case Geluz v. CA

People v. Tirol

Joaquin v. Navarro

Standard Oil Co. v. Arenas

Case Mercado v. Espiritu

Bamabalan v. Maramba

Dissimilar treatment for married and unmarried persons similarly situated violates the Equal Protection clause because there is no relationship between the means employed and the states interest. Aside from being overbroad (not all contraceptives are harmful) and underinclusive (married persons can acquire contraceptives regardless if they use it with their spouse or not), the state has also unknowingly imposed pregnancy and unwanted children as punishment for fornication Concept and Classes of Persons Key Facts Ratio - Wife had herself aborted 3 times without An action for pecuniary damages involves the husbands consent one injured. - Husband sued abortionist for pecuniary Unborn fetuses cannot institute an action since damages for the death of an aborted fetus they do not posses personality until live birth. Accused was sentenced to death and A natural persons civil personality, along with imprisonment for murder and frustrated criminal liability, is extinguished by death. murder, ordered to However, a criminals civil liabilities may be indemnify victims heirs carried on to his estate and thus, is not - He died during the pendency of an extinguished by death. appeal from the conviction During the war, a family trapped inside a Statutory presumptions of neither Rule 123, building tried to escape Sec. 69 ROC1 nor Art. 43 CC cannot be applied - The mother (67 yo) decided to stay in this case since there are pieces of evidence behind while the son (30 yo) went with the available to reasonably conclude that the rest of the family mother could have been alive until the building - After a few moments, the son was shot in where she was hiding collapsed. the head; Minutes later, the building where the mother was hiding collapsed Presumption of Capacity Husband assumed obligation Monomania of wealth as insanity must be proven: to pay a debt to Standard Oil 1. Habitual Co. as a surety and was 2. Obligation to pay was the result of such monomania, not ordered to pay anything else - Wife contested and alleged 3. Existing on the date when the obligation was incurred that her husband was afflicted In the absence of proof to the contrary, capacity is always with monomania of wealth, a presumed. condition of insanity Restrictions on Capacity to Act: Cases on Minority Key Facts Ratio - Minors declared themselves to be of Active misrepresentation that one is of legal age legal age and executed a deed of estops a party from claiming otherwise later on. absolute sale of a parcel of land When a contract is made in bad faith, liability is - They later on sought to have the retained. Moreover, minority is only a restriction on contract declared void on the ground capacity to act. Liabilities arising from property that they were minors without legal relations are never exempted from. capacity to contract A minor executed a contract in favor of There was no misrepresentation regarding the a person who, fully aware of the minors age, hence, there was no deceit involved. minors age, forced him into the said The other party was fully aware of the minors age contract since she was the one who secured his cedula for - The minor later on sought annulment the said transaction. of the said contract

Braganza v. Villa Abrille

During the war, a mother and her 2 sons borrowed money from a man and executed a written document promising to pay him as soon as hostilities end - 4 years after the war has ended, payment still hadnot been made so the man sued them

The minors neither revealed nor hid their age. Nondisclosure of age, as passive misrepresentation, does not constitute fraud. However, since the contract also parties who were of legal age, it is considered merely voidable and valid until annulled. Minors still have to pay for the amounts insofar as they have benefited from it

Martinez v. Martines

Case Wassmer v. Velez

Restrictions on Capacity to Act: Case on Prodigality - A son sought to have his Prodigality is defined as a morbid state of mind and a father declared a prodigal for disposition to spend, waste, and lessen the estate to such an making generous donations in extent as is likely to expose the family to want of support or favor of his 2nd wife and to deprive the forced heirs of their undisposable part of the giving her powers of estate. administration over his estate Breach of Promise To Marry Key Facts Ratio A couple decided to get married but 2 Although mere breach of promise to marry is not days before the wedding the groom actionable, the Civil Code disallows the willful cause simply left a note telling his bride that of damage to another. There is a proper way of he had to go home to talk to his doing things and to back out of a wedding through mother who opposed their union but writing a note and after all the preparations had that he will be coming back soon been made is contrary to good customs. - The groom never reappeared nor was heard from again. The bride sued the groom for damages A woman consented to sexual relations with a man for more than a year in consideration of his promise to marry her - She became pregnant and because of the mans refusal to marry her, instituted an action for damages - A man who was the son of a prominent family and a woman who was employed in a barbershop owned by the mans relatives had a child out of wedlock - They lived together for a year as a family and the man provided for their support - When the woman began to show signs of a second pregnancy, the man left them A man spent $40,000 in renovating, improving, and furnishing a womans house because of her fraudulent misrepresentations that they would occupy her home as a couple after their marriage - The man brought a suit for damages against the woman for restitution If she had consented to sexual relations purely because of the mans promises to marry her, she should have refrained from having sex as soon as she found out that he had no intention to keep his promise. Sexual intercourse for a year does not constitute seduction but mutual passion Such promise was not satisfactorily proven despite the fact that they had lived together. The action for breach of promise to marry has no standing in civil law. As long as no cost was incurred because of such breach of promise, no compensation can be awarded.

Tanjanco v. CA

De Jesus v. Syquia

Piccininni v. Hajus

Case Loving v, Virgina

Mere breach of promise to marry is not actionable but where gifts have been exchanged in consideration of marriage, a party can sue for damages and restitution based on the concept of unjust enrichment. Gifts given in consideration of marriage are considered legally as conditional and may be recovered upon breach of the engagement. If actions for restitution of conditional gifts would be barred, this would only encourage people to make empty promises. Definition and Nature of Marriage Key Facts Ratio Statute prohibition on interracial The statue violates due process and equal marriage protection of the laws by arbitrarily classifying - A Negro woman and a white man people by race and limiting their right to marry. were married in another state and, Marriage is a fundamental right and cannot be upon return to subject to such arbitrary classifications and

Zablocki v. Redhail

Case Graham v. Graham

Bradwell v. Illinois

Case Dunn v. Palermo

Case

In re Santiago

Selanova v. Mendoza

Case

their state of residence, were standards. The denial of a persons freedom to convicted for violating the statute choose whom to marry due to racial discrimination prohibition is deprivation of liberty without due process of law. - Statute prohibition on persons with The right to marry is important to everyone. The court orders to support illegitimate state should prove that there are compelling state children from interests to be protected at that the means marrying without proof that they have employed is closely tailored to effectuate only those made support payments interests. There are other less intruding means to - A man who was unable to make any achieve the state interest of lessening the number support payments to his illegitimate of public wards. The statute is underinclusive child was because it does not limit other future possible denied a marriage license solely on financial commitments aside from that of marriage. this ground It is also overbroad because there are instances - Without a marriage license, the man where the new spouse can improve the affected cannot contract a valid marriage in his persons financial situation. state Traditional Marriage Models Key Facts Ratio A married couple entered into a Under the traditional marriage model, a man is written agreement stipulating that the supposed to support his wife and the wife is husband would supposed to follow the husband. An agreement to quit his job to be able to travel with his the contrary is disallowed. wife and in exchange the wife would pay him a certain monthly sum - They were divorced later on and the husband sought to be awarded the cumulative amount of the monthly installments due him - A married woman was denied a In a traditional marriage model, the ability of a wife license to practice law because of her to enter into contracts rests upon her husband. civil status Hence, she is considered a legal non-person and it is this condition that impairs her capacity to practice law. Challenges to the Traditional Marriage Models Key Facts Ratio - A married woman, instead of The practice of a wife assuming her husbands assuming her husbands name, chose name upon marriage is purely customary and has to continue using her maiden name no legal basis. As long as the name used by a - When she refused to register in the woman during her marriage is consistent and LCR under her husbands surname, her without intent to deceive, they are free to choose name was purged from the states which name they want to employ. registration records By Private Contract: When Valid? When Void? Key Facts Ratio - A married couple had been living The agreement is contrary to law and morals separately for 9 years when the because it subverts the vital foundation of the husband, with the intent to contract family. Marriage, as defined by Art. 1 of the FC, is another marriage, sought legal advice an inviolable social institution whose nature, from a lawyer consequences, and incidents are governed by law - The lawyer prepared a document and not subject to stipulation. which authorized the spouses to marry again and at the same time waived any right of action one may have against the other - A judge prepared and ratified a Under the Civil Code, extrajudicial liquidation of the document which extrajudicially CPG as well as any contract for personal separation liquidated the CPG of a married couple of the husband and wife is not allowed. and barred lawsuits against each other Concubinage and adultery, although private crimes, for infidelity are still crimes and any contract legalizing them is contrary to law, morals, and public order. Essential Requisite: Legal Capacity Key Facts Ratio

Jones v. Hallahan

- 2 women were denied the issuance of a marriage license to marry each other

Goodridge v. Dep. Of Public Health

Silverio v. Republic

Republic v. Cagandaha n

Case People v. Santiago

Buccat v. Buccat

Eigenmann v. Guerra

Case Navarro v. Domagtoy

Marriage is defined as a union between a man and a woman. The women were prevented from marrying each other not because of the clerks refusal to issue them a marriage license but because of their inherent incapacity of entering into a marriage as it is defined. The relationship proposed by the women does not authorize the issuance of a marriage license because what they propose is not a marriage. - 7 same-sex couples There is no fit between the states interest and the means employed were denied the to achieve it. Procreation is not a requirement for marriage. The best issuance of a interest of a child also does not depend on the parents sexual marriage license orientation. Lastly, there is no proof that same-sex couples are more because of a statute financially independent. In heterosexual unions, benefits from the prohibiting state do not depend on whether couples re financially dependent on same-sex marriage each other or not. - A man who was Changes regarding the entry for sex in the birth certificate are limited engaged to be to correcting clerical or typographical errors. Since there is no error in married to another his birth certificate, he cannot be granted the change of entry. man underwent a Moreover, an essential requisite of marriage is that the parties be a sex change and filed man and a woman. Should his petition be granted, it will pose serious a petition for change public issues. There are also various laws which apply particularly to of name and sex in women such as grants of maternity leave, presumption of his birth certificate survivorship, and certain felonies under the RPC. - woman filed for The respondent undoubtedly has CAH. As such, where the person is correction of birth biologically intersex the determining factor in his gender classification certificate changing would be what the respondent having reached majority and with good her gender to male reason, think of herself. The court gives respect to the diversity of - she is suffering nature and how an individual deals with what nature has handed out. from CAH The petition was granted Essential Requsite: Consent Freely Given Key Facts Ratio - A man married his niece The girls consent was not freely given, being obtained under after raping her duress. Moreover, the mans attitude towards the girl also - After the marriage, the man indicates that he had only married her in order to escape gave his niece a few pesos criminal liability. His consent was also not freely given. and went home - After 3 months of Although ordinarily concealment of the wife that she is cohabitation, the wife gave pregnant by another man at the time of marriage is a ground birth to a full-term baby for annulment, it is difficult to believe that the husband was - The husband alleged that his not aware of his wifes condition. consent was not freely given She was already about 7 months pregnant at the time of because the wife had their marriage and thus could not have possibly concealed concealed the fact that this condition from her husband. shewas already pregnant at the time of their marriage - A boy sought to have his (1) He knowingly misrepresented himself to be of legal age. marriage on the following He is estopped from using it as a defense. His mother was grounds: present at the ceremony and did not disapprove of the (1) he was less than 21 yo marriage. Consent may be implied. and no parental consent was (2) Only marriages without a license are void. Marriages obtained under a license, though wrongfully obtained, are valid since (2) the marriage license was the defect in the formal requisite does not affect the administered by a person not marriage. legally authorized to do so (3) There was no reasonable and well-grounded fear of an (3) his consent was obtained imminent and grave evil upon him or his property. The through threats, intimidation, fathers words were merely an admonition typical from and force made by the girls parents who are concerned with their childrens romantic father affairs. Formal Requisite: Authority of Solemnizing Officer Key Facts Ratio - Judge solemnized a wedding In order to contract a valid subsequent marriage, the present knowing that the groom had a spouse must institute a summary proceeding for the prior subsisting marriage and declaration of presumptive death of the absent spouse. is merely separated from his Without this declaration, any subsequent marriage is void for first wife for about 7 years being bigamous. - Judge solemnized another A marriage solemnized by a judge outside of his courts wedding outside of his courts jurisdiction is still valid since there is only an irregularity in

Aranes v. Occiano

jurisdiction - Judge solemnized a wedding outside of his courts jurisdiction and without a valid marriage license out of human compassion

Case Republic v. CA

Moreno v. Bernabe

People v. Borromeo

Seguisabal v. Cabera

one of the formal requisites. Judge administratively liable. The total absence of a formal requisite (marriage license) renders the marriage void ab initio. A marriage license cannot be submitted as a follow-up document but must be presented to the solemnizing officer at the time of the celebration of the marriage to give him authority to perform such a ceremony. Formal Requisite: Marriage License Key Facts Ratio - A woman discovered through her When due diligence has been exercised and still no lawyers efforts that no marriage license can be found, a certification issued by the license had been issued prior to her LCR stating the same is enough to declare the marriage marriage void for a complete absence of a formal requisite. - Judge married a couple without a Even if he solemnized the marriage in good faith that marriage license because the man the marriage license was forthcoming, the marriage assured him that the marriage license cannot be declared valid for absence of a formal was on its way requisite. The marriage license must be obtained - Wife went to claim their marriage prior to the contract but found out that because celebration of a marriage, not as a mere follow-up their marriage was celebrated without document. a license, she also could not secure a marriage contract - Husband killed his wife and was There is no better proof of marriage than the charged with parricide admission of the accused of the existence of such - His counsel alleges that no marriage marriage. Persons living together as husband and took place between the man and the wife are presumed to be legally married because this deceased since there never was any is the common order of society. The mere fact that marriage contract executed and the no marriage contract exists in the LCR does parish priest also testified otherwise not invalidate the marriage as long as the essential - Husband claims that the victim was and formal requisites for its validity are properly his legitimate wife complied with. - Judge solemnized a marriage Sympathy to the widow cannot serve as a permit for without a license because the parties him to dispense with legal requisites. The marriage is promised to submit it later void for absence of a formal requisite - Husband was killed in the line of and cannot be validated through a subsequent duty and, in order to claim his acquisition of such. benefits, the wife went to get their Judge was also remiss in his duty to forward the marriage contract marriage contract to the LCR within 15 days from the - It was found out that they were not date of the celebration of the marriage. issued a license -Out of sympathy for the widow, the judge decided to issue their marriage contract

Alcantara v. Alcantara

- A couple went to the city hall where they contracted with a person who agreed to arrange everything for their marriage for a fee - They went through another marriage ceremony at a church still without securing a marriage license yet their marriage contract bears a license number allegedly obtained from Carmona though neither of the parties reside there

Case

For the marriage to be declared a nullity for lack of a marriage license, such absence must be apparent on the marriage contract or supported by a certification of non-issuance from the LCR. Issuance of a marriage license in a place not the residence of either party is a mere irregularity of a formal requisite. It does not invalidate the marriage. Husband cannot pretend that he was not a party to the marriage ceremony since he knowingly and voluntarily went through a marriage ceremony. The church wedding confirmed their civil marriage and cured whatever defect or irregularity was present then. Formal Requisite: Ceremony Key Facts Ratio - A couple appeared before a Justice There is no form required for the marriage ceremony. of the Peace and signed a petition It is enough that the parties declare that they take

Martinez v. Tan

Madridejo v. De Leon

which contained a positive statement that they had mutually agreed to be married - Justice of the Peace solemnized the marriage and afterwards told the couple, You are married - A marriage was celebrated in articulo mortis by a parish priest who failed to transmit a copy of the marriage certificate to the LCR

each other as husband and wife. Although the declaration is not verbalized, the act of signing a statement containing such is sufficient.

Case

Trinidad v. CA

Vda de Jacob v. CA

Sevilla v. Cardenas

Case People v. Mendoza

Tolentino v. Paras

Wiegel v. Sempio-Diy

Failure of the priest to send a copy of the marriage certificate to the LCR does not invalidate the marriage. Moreover, since it was a marriage of exceptional character solemnized in articulo mortis, it does not need to be celebrated publicly. Presumption of Marriage Key Facts Ratio - A married couples marriage The law allows other kinds of evidence to prove marriage, certificate was lost during the such as affidavits of loss, testimonies of credible witnesses war and could not be and photographs. The presumption is always in favor of the presented as proof of their validity of a marriage and thus, only a preponderance of union evidence is sufficient to prove it as such. - Their son secured an affidavit of loss and presented several witnesses who testified to his parents marriage as well as family photographs - The validity of a marriage is The couple was married after they had lived together as being contested because it husband and wife for 5 years, dispensing the need to secure was solemnized without a a license prior to their marriage. marriage license and no A marriage contract is not the sole proof of marriage. marriage contract could be Secondary evidence is allowed if the original document has found leading to the been lost or destroyed or is unavailable. Such evidence conclusion that no ceremony includes testimonies by the parties themselves, the ever took place solemnizing officer, or by witnesses to the marriage. Lastly, failure to send a copy of the marriage certificate to the LCR does not invalidate the marriage. It is the duty of the solemnizing officer, and not the parties to the marriage. - A couple was married in a The fact that the marriage license cannot be found merely religious ceremony where indicates that it is missing, not that it was never issued at all. they signed a marriage The LCR in this case admitted that they were overworked contract before a minister and therefore could not exert their best efforts to locate the - Although the marriage existence of the marriage license. For the Republic vs. CA contract reflected a marriage doctrine to apply, it must be shown that diligent search was license number, no such conducted. The presumption is always in favor of the validity license was presented to the of marriage. A man and a woman living together as husband solemnizing officer and wife are presumed to be legally married - The marriage license could not be found Grounds for Void Marriages Key Facts Ratio - Husband contracted a The second marriage was void ab initio for being bigamous second marriage during the and no judicial decree is necessary to establish its invalidity. subsistence of his first; After Since the first wife died before the third marriage was the first wife died, he contracted, it is valid. (Repealed by the Family Code.) contracted a third marriage - Husband contracted a The second marriage was void ab initio for being bigamous second marriage during the and no judicial decree is necessary to establish its invalidity. subsistence of his first; After Only the legitimate wife can be registered as surviving serving the prison sentence spouse on the death certificate. (Repealed by the for the crime of bigamy, he Family Code.) continued to cohabit with the second wife until his death - A woman contracted a Consent obtained through force is a ground for voidable second marriage during the marriages which are considered valid until declared subsistence of her first in the annulled. The second marriage belief that the prior marriage was contracted during the lifetime of the first spouse. A was void on the ground that judicial declaration of nullity is needed before contracting a

Terre v. Terre

Atienza v. Brillantes

BorjaManzano v. Sanchez

her consent was obtained through force - Convinced by a law student that a prior marriage to her first cousin was void, a girl agreed to marry the law student - After giving birth to their child, the law student abandoned his wife and contracted another marriage - Judge got married to the same woman twice without a marriage license - He contracted a subsequent marriage with another woman in the belief that his first marriages were void in 1991 - Judge solemnized a wedding without a marriage license between parties who were merely separated from their respective spouses

subsequent marriage. (Pre-Family Code decision! No legal basis in Civil Code.) A judicial decree of nullity must first be obtained before contracting a subsequent marriage. The law student and girls marriage is void for being bigamous. The law student (who eventually became a lawyer) demonstrated grossly immoral conduct which is a ground for disbarment.

A judicial decree of nullity must first be obtained before contracting a subsequent marriage. The second marriage was contracted after the Family Code was promulgated. Although his first marriages were void for lack of a formal requisite, judge must secure a judicial declaration of nullity for the purpose of remarriage. For the exemption on the marriage license requirement to apply, the parties must: 1. be living together as husband and wife 2. be free of any legal impediment to contract marriage 3. until the time they contract marriage 4. execute an affidavit attesting this 5. have the solemnizing officer execute a sworn statement that he had ascertained their legal capacity Since the first and second marriages were contracted before the Family Code and Wiegel vs. Sempio-Diy decision, no judicial decree of nullity is required for contracting a subsequent marriage

Apiag v. Cantero

Case Santos v. BediaSantos

Republic v. Molina

Tsoi v. CA

- Judge contracted a second marriage sometime in the 1960s during the subsistence of his first Psychological Incapacity Key Facts Ratio - Wife did not communicate To constitute psychological incapacity, the facts must show with her husband for 7 that the disorder is grave, incurable, and has juridical months when she went antecedence. Psychological incapacity refers to the mental abroad to work and also incapacity of a party to be truly incognitive refused to return to the of the basic marital obligations. Lack of willingness to comply country cannot be considered psychological incapacity. - Husband showed signs of Her complaints merely show that there are irreconcilable immaturity and differences between her and her husband. irresponsibility as a husband 8 specific guidelines in the interpretation and application of and a father Art. 36 are: 1. burden of proof is on the plaintiff 2. root cause must be medically proven and identified, alleged in the complaint, sufficiently proven by expert testimony, and explained in the courts decision 3. existing at the time of marriage 4. incurable and renders the party incapable of complying with marital obligations 5. grave 6. essential marital obligations are those listed under Arts. 68-71 of the Family Code between the husband and wife and Arts. 220, 221, and 225 of the same code between parents and their children 7. interpretations given by the church must be accorded great weight but are not binding 8. prosecuting attorney or fiscal and the solicitor-general should appear as counsel for the state and should issue a certification stating his reasons for his agreement or opposition to the annulment - After 9 months of marriage, Senseless refusal of one of the parties to fulfill marital there has still been no sexual obligations is equivalent to psychological incapacity. intercourse between husband Abnormal reluctance or unwillingness to consummate

and wife

marriage indicates a serious disorder. Procreation is one of the marital obligations and constant non-fulfillment of this obligation will eventually destroy the marriage. What is shown is merely irreconcilable differences and conflicting personalities of the parties. There was no proof of gravity, incurability, or juridical antecedence. Testimony of expert witness failed to identify the root cause of the alleged psychological incapacity and even testified that it can be cured for a fee. Medical evidence has shown that the wifes propensity to fabricate stories is a real personality disorder, grave, existing at the time of marriage, and nearly impossible to cure. It also satisfies the guidelines set in Molina case. There was failure to prove psychological incapacity because the root cause was not identified and the incapacitys incurability was not established.

Choa v. Choa

Antonio v. Reyes

- Husband alleges the nullity of his marriage under Art. 36 because his wife had filed cases against him, lacked attention to their children, was immature, and had a lack of intention of procreative sexuality - The wife was proven to be a pathological liar even before the marriage was solemnized

DimayugaLaurena v. CA

Te v. Te

Ting v. Velez-Ting

Suazo v. Suazo

Case Ablaza v. Republic

- After 10 years, wife filed for JDN of her marriage under Art. 36 because of her husbands feminine tendencies, infidelity, neglect of his familys needs, irresponsibility, insensitivity, and tendency to lead a bachelors life - Husband was afflicted with Maybe it was not proper for Molina to set strict guidelines dependent personality because each case should be treated according to its own disorder while wife was facts. The seriousness of the diagnosis as well as the gravity afflicted with antisocial of the disorders involved show that both parties are personality disorder incapacitated to contract marriage. - Wife filed for JDN of her There was no proof of incurability, and juridical antecedence marriage under Art. 36 of the because of her husbands alleged psychological incapacity. alcoholism, violent nature when drunk, compulsive gambling, irresponsibility and immaturity Wife and husband were Marriage is valid. Did not show root cause, gravity and forced into marriage at the incurability of condition. Psychologists account is based on age of 16 by their parents. information solely from wife. Incapacity must be proven at Wife left husband on grounds time of celebration of marriage of anti-social personality disorder which made him indolent and always drunk therefore unable to fulfill his marital obligations. Void Marriages: Period to file action or raise defense Key Facts Ratio - brother of husband filed for Sec. 2 of the Administrative Matter on the Rule on nullity of marriage alleging Declaration of Absolute Nullity of Void Marriages and that the marriage was Annulment of Voidable Marriages provides the limitation that celebrated without a marriage a petition for declaration of nullity may be filed solely by the license husband or wife but this extends only to marriages covered by the Family Code (marriages after August 3, 1988) but since this is a procedural rule, it is prospective in application which means that this only applies on proceedings commenced after March 15, 2003. The brother is a proper party Void Marriages: Effect of Nullity

Case Ninal v. Badayog

Key Facts - Husband shot his first wife to death and contracted a second marriage without securing a marriage license - Husband later died in a car accident - Children from the first marriage attacked the validity of the subsequent marriage Wife discovered that her husband had a prior subsisting marriage with another woman and filed for a declaration of nullity and separation of property

Domingo v. CA

De Castro v. AssidaoDe Castro

Case Moe v. Dinkins

Katipunan v. Tenorio Suntay v. CojuangcoSuntay

Buccat v. Buccat

Aquino v. Delizo

Anaya v. Palaroan

A couple applied for a marriage license but were not able to use it before its expiration date - In order to get married, they executed an affidavit that they had been living together as husband and wife for 5 years even though they had not; When the man abandoned the woman and their child, the woman filed a petition for support where the court ruled that their marriage was void Grounds for Voidable Marriages Key Facts Ratio - Statute prohibition on marriage of There is a fit between the states interest and the minors without a parental consent means employed to achieve it. The illegitimacy of - Minors with an illegitimate child the child and the denial of marriage are at most wanted to get married but failed to get temporary because once the minors reach age of parental consent and were not issued a majority, they can get married without parental license consent. - Wife became insane after giving birth Insanity that occurs after the celebration of - Husband filed for annulment after 7 marriage cannot be a ground for annulment. years of marriage - Husband was suffering from Insanity is a ground for annulment, not declaration schizophrenia and had been manifest of nullity. before his marriage - Trial court declared their marriage null and void - After 3 months of cohabitation, the Although ordinarily concealment of the wife that wife gave birth to a full-term baby she is pregnant by another man at the time of - The husband alleged that his consent marriage is a ground for annulment, it is difficult to was obtained through fraud because believe that the husband was not aware of his the wife had concealed the fact that she wifes condition. There was no fraud involved. She was already pregnant at the time of was already about 7 months pregnant their marriage at the time of their marriage and thus could not have possibly concealed this condition from her husband. - Husband wants to have his marriage At 4 months, one cannot tell that a woman is annulled because his wife was 4 months pregnant simply by looking at her especially if she pregnant with another man at the time is naturally plump. Concealment by the wife of the of her marriage fact that she is pregnant by another man at the time of marriage constitutes fraud which is a ground for annulment. - husband claims that his consent was Fraud, as a vice of consent, is limited exclusively obtained by force and filed for by law to those kinds enumerated in Art. 86. No annulment which was dismissed other misrepresentation or deceit as to character, - wife then filed annulment stating as rank, fortune or chastity shall constitute as fraud ground his concealment of a pre-marital as will give action for the annulment of marriage affair - A law student impregnated a girl Use of force must show a reasonable and well-

Ratio The subsequent marriage was void ab initio for absence of a formal requisite. At the time of the husband and second wifes marriage, the prior was still subsisting so the count for the 5-year period for exemption of a marriage license requirement started only when the first wife died. Because the marriage was void ab initio, it can be attacked by any interested party collaterally. The word solely in Art. 40 is meant to qualify final judgment declaring such previous marriage void (i.e. only a judicial decree of nullity can allow a person to remarry) and does not limit the acquisition of such to purposes of remarriage. Separation of property is one of the necessary consequences of a judicial decree of nullity. Absence of a formal requisite renders the marriage void. The validity of a void marriage may be collaterally attacked. Since the action is not for purposes of remarriage, no judicial decree of nullity is necessary to establish its invalidity.

Ruiz v. Atienza

Jimenez v. Republic

Sarao v. Guevara

Case

Jones v. Hortiguela

SSS v. De Bailon

Valdez v. Republic

Case Yu v. Yu

Case Tamano v. Ortiz

- The girls relatives went to the law grounded fear of an imminent and grave danger students boarding house and leaving no time to think matters over. Threats of convinced him to marry her lawful action such as obstruction of admission to - Law student wants to have his the Bar do not constitute force. There were many marriage annulled because he alleges witnesses whom he could have asked for help. that his consent was obtained through There were also many occasions for him to escape. force - Husband and wife were not able to Impotence is an abnormal condition and should not have sexual relations because the be presumed. Unless there is medical evidence to wifes vagina was too small show otherwise, the presumption is in favor of - Wife refused to undergo a medical potency. examination - Husband and wife were not able to To constitute a ground for annulment, impotence have sexual relations because wife must be incurable. In this case, the wifes complained of extreme pain impotence was cured by the operation. Impotence - Upon doctors advice, wife had her is the inability to copulate. It is completely different uterus and ovaries removed from infertility, the inability to procreate. Only - Husband, who witnessed the impotence is a ground for annulment. operation, lost all desire to have sex with his wife afterwards and filed for annulment Voidable: Marriage Where One Spouse is Absent Key Facts Ratio - Wifes first husband went Absence is counted not from the date of the effectivity abroad and was not heard of of the court order but from actual date of disappearance. again for almost 10 years - A year later after his disappearance, wife instituted proceedings to declare first husband an absentee but remarried before 7 years had passed after the court orders effectivity - 2nd marriage: man filed to Only the competent court can nullify the second marriage on declare first wife the reappearance of the presumptively dead spouse (not the presumptively dead then SSS or Quasi-Judicial body of SSS). Civil Code. Article 83. It is remarried important to note that this case falls under the Civil Code. - after the husband died, The family code on the other hand does not need judicial alleged daughter contested proceedings to annul the subsequent marriage SSS benefits release alleging that 2nd wife was still living - spouses separated after a no decree on the presumption of Sofios death is necessary fight because Civil Code governs during 1971 and not Family Code - wife believed that husband where at least 7 consecutive years of absence is only was already dead and married needed. Thus, wife was capacitated to marry the foreigner another and their marriage is legal and valid. - 2nd husbands application for naturalization was denied due to the subsisting marriage of the wife Voidable: Effects of pending action or decree Key Facts Ratio - Husband filed for declaration The court that has jurisdiction over the action for judicial of nullity before the Pasig RTC declaration of nullity also has jurisdiction over the decision while wife filed for custody of for custody. Custody is simply one of the consequences of a their child before the Pasay judicial declaration of nullity together with the division of RTC property. There is no need to file a separate action Voidable: Jurisdiction Key Facts Ratio - A Muslim man married a Jurisdiction over a case is determined by the allegations Muslim woman in civil rites made in the complaint. Because the complaint alleged that - While their marriage the parties had contracted remained valid and marriage in civil rites, the QC RTC has jurisdiction over the subsisting, he contracted case.

10

Case People v. Zapata

Munoz v. del Barrio

Gandionco v. Penaranda

Lapuz v. Eufemio

Dela Cruz v. Dela Cruz

Ong Eng Kiam v. Ong Case

People v. Sansano

another marriage in civil rites Moreover, Sharia courts are not vested with exclusive -First wife filed for JDN of jurisdiction over marriages celebrated under both civil and husbands second marriage Muslim laws. before the QC RTC Grounds for Legal Separation Key Facts Ratio - Wife was convicted of Adultery is a crime which is consummated at the moment of adultery and after serving her the carnal union outside of marriage. Each act of sexual sentence, continued to intercourse with a man other than her husband constitutes cohabit with her paramour adultery on the part of the wife as long as the marital bonds - Husband filed another action remain. Each count of adultery can be a ground for legal against her and her paramour separation and can be prosecuted any number of times. - Wife complained of being There are only 2 ground for legal separation under the Civil maltreated by the husband Code: (i.e. she was hit in the 1. adultery or concubinage abdomen and face, her hair 2. attempt on the life of one spouse by the other was pulled, and her neck There must be proof that the husbands actions were twisted) calculated to produce the death of the wife. Intent to kill must be established with clear and convincing evidence. Maltreatment is not an attempt to kill. - Wife filed a petition for legal Only civil cases which enforce a civil liability are not allowed separation on the ground of to be filed along with criminal cases. Although legal concubinage separation is a civil case which can also arise from a criminal - She also filed a criminal case, it is not an action to enforce the civil liability of the charge against him again for guilty party. It only intends to obtain the right of the spouses concubinage to live separately with the proper legal consequences such as dissolution of CPG. - Wife filed a petition for legal An action for legal separation is purely personal. Only the separation on the ground of injured party can institute proceedings for it. abandonment but died before Moreover, death already dissolves the marriage of the the trial could be completed parties. Hence, there is no more need for legal separation. - Wifes father requested that he be allowed to represent his daughter in order to continue the proceedings for legal separation - Husband lived away from There is only physical estrangement. the conjugal home and never Abandonment consist financial and moral desertion with no visited his family for 3 years intent to return. There is absolute cessation of marital but continued to give financial relations, rights, and duties. support - Wife was being maltreated Under the Family Code, repeated serious physical violence or by the husband so she left the grossly abusive conduct is a ground for legal separation. conjugal home Abandonment of the conjugal home, to constitute as a defense to the action of legal separation, must be without justifiable cause for 1 year. The wife left because of her husbands maltreatment. Her abandonment is justified. Defenses for Legal Sepration Key Facts Ratio - Husband left the wife for 3 years without Husbands silence for 7 years as regards his communicating with her wifes adulterous relations implies consent. In - Wife started to live with another man addition to this, he had previously told her that - When husband came back, he filed a she was now free to do as she pleased. Art. 344 charge of adultery against his wife and her of the RPC bars the action for prosecution of paramour adultery where the offended party has given his - After serving her sentence, wife went to consent to the offenders. the husband to beg for his forgiveness but he refused to take her back and instead told her that she could now do as she pleased - Husband went abroad for another 7 years and wife went back to her paramour - Husband discovered that his wife was What the law prohibits is a decree of legal maintaining illicit relations with men in separation based solely on a confession of their locality so he sent her to Manila judgment. In the present case, the confession

11

Ocampo v. Florenciano

- When he went to visit her there, he surprised her in the act of committing adultery - Husband told her he wanted to file a petition for legal separation and the wife agreed provided that he does not file a criminal case against her - Husband had been suspicious of his wife and the family drivers relations so he commissioned 2 detectives to conduct a raid in order to catch his wife in the act of committing adultery

Sargent v. Sargent

Brown v. Yambao

Willan v. Willan

Bugayong v. Ginez

Matubis v. Praxedes

Case Contreras v. Macaraig

SomosaRamos v.

- Husband filed for legal separation from his wife because of her adulterous relations with another man with whom she had a child - During trial, it was revealed that the husband had been aware of his wifes infidelity for 10 years before he brought the action and that he himself had engaged in extramarital relations - Wife physically and verbally abuses Husband was free to submit or resist his wifes husband (ex-soldier) and often demands demands for him to have sex with her. The last sexual intercourse even when he did not sexual act was tantamount to condonation. He want to may have been reluctant to submit himself to - One night, he had sex with his wife after his wife but this does not mean that he acted she had physically and verbally abused involuntarily. him just so he could pacify her - The following morning, he left for good and filed for a dissolution of marriage - Husband who was living separately from Condonation is implied from sexual intercourse. his wife began to receive letters from A single voluntary act of sexual intercourse by different people regarding his wifes the innocent spouse after discovery of the infidelity offense is sufficient to constitute condonation. - When he came home, he cohabited with Despite his belief that his wife was unfaithful, her for 2 nights and then confronted her husband still cohabited with her. Such conduct about the issue deprives him as the offended spouse of the - Wife simply left husband right to action for legal separation. - Husband filed for legal separation - Husband and wife entered into a written There was express condonation or consent on agreement to live separately from each the part of the wife for her husband to commit other and waiving the acts of infidelity in the agreement that they had right to sue each other for acts of infidelity previously executed - Husband began to cohabit with another woman - Wife filed for legal separation Legal Separation: When to file or try actions Key Facts Ratio - Wife heard rumors of her The 1 year prescription period provided for in the Civil husbands infidelity but refused to Code starts from the time the suspicions are verified. believe it - A little over a year later, she confronted her husband about it and he confessed - Despite her pleas for him to return, the husband did not but rather chose to live with his mistress - Wife filed for legal separation The only reason why there is a prohibition on immediate and sought the issuance of a writ trial of the action for legal separation is for the parties to of preliminary mandatory cool off and settle their differences during the waiting

was made extrajudicially. It does not bar the action for legal separation. There would have been collusion if the parties had arranged to make it appear as though a matrimonial offense had been committed when in fact there was none. Collusion may not be inferred from the mere fact that the guilty party confessed to the offense. Legal separation can be granted. His acts show consent and connivance. If he had reason to suspect that his wife was maintaining an affair with the family driver, he could have fired the driver instead of hiring detectives and setting his wife up. Instead of preventing his wifes infidelity, he connived with others in order to bring about the adulterous act. The action for legal separation under the Civil Code prescribes after 5 years from the occurrence of the cause and 1 year from knowledge of the cause. The husband filed his petition 10 years too late. Moreover, the husband himself has already taken in a concubine. A similar offense bars the action for legal separation because only the innocent spouse can file a petition.

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Vamenta, Jr

injunction for the return of her paraphernal and exclusive property

Case De La Vina v. Villareal

Reyes v. Ines Luciano

Case Banez v. Banez

La Rue v. La Rue

Matute v. Macadaeg

Laperal v. Republic

Case

period. However, this cooling-off period does not prevent other actions such as custody of the children, alimony, support pendente lite, and management of the spouses property. Legal Separation: Effects of Filing Petition Key Facts Ratio - Wife as the innocent spouse filed for The rule that the wife must follow her husbands divorce in a place other than her domicile is not absolute. She may acquire another husbands domicile and separate domicile from that of her husbands - She also prayed for the issuance of a when he has given her a cause for divorce. A wife writ of preliminary injunction against can also pray for an injunction to curtail the the husband to restrain and prohibit husbands powers of administration over the CPG him from encumbering any part of the in order to protect her interest. conjugal property during the pendency of the action - Wife filed for legal separation because Mere allegations will not deprive the wife of her her husband attempted to kill her and right to receive support pendente lite. Like any was granted alimony pendente lite other allegation, it must be established with - Husband claimed that his wife is not competent evidence. Moreover, the support will entitled to alimony because she had come from the CPG and committed adultery with her physician not from the husbandss personal funds. Effects of Decree of Legal Separation Key Facts Ratio - Decree of legal separation The issues involved in these cases necessarily relate to the awarded conjugal abode to same marital relationship between the same parties. wife who had 2 houses in the Entitlement to live separately, dissolution and liquidation of US CPG, and grant of child custody are the - Wife filed a motion for necessary consequences of a decree of legal separation. execution pending appeal and They are not separate matters that the court may resolve protested that the husbands prior to or apart from the decree of legal separation. failure to file a record on appeal for that particular action merits a dismissal of his appeal - Husband was employed Based on the doctrine of equitable distribution, a spouse who outside the home while wife economically contributed to the familys acquisition of became a homemaker 7 property is entitled to claim an interest in such property in a months after their marriage proceeding for divorce. Homemaker services are also - They were granted a divorce considered economic contributions because the husband, as on a no-fault ground breadwinner, can focus on his job instead of worrying about - Court awarded wife alimony household chores. Factors for equitable distribution and health insurance regarding allowance but not half of the homemaker services: marital assets (1). Age (2). earning power (3). separate property (4). length of marriage (5). quality - A married couple was The mother cannot invoke the tender-years rule to claim granted legal separation on custody of the children because she provided the ground for the ground of adultery by the legal separation. Moral depravity is a compelling reason for wife with the husbands the court not to award custody. brother Moreover, the mother also had no means of a livelihood. She - Custody was awarded to the has no house of her own and merely depends on her husband even though the brothers for support. children were minors (4-12 years old) - After marriage, the wife The law requires a wife to continue using the name she had assumed her husbands employed before the legal separation. If she had assumed surname her husbands surname, she must continue to do so because - When they were given a there has been no severance of marriage bonds. She is still decree of legal separation, legally married to him. she filed a petition to resume use of her maiden name Divorce Key Facts Ratio

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Van Dorn v. Romillo, Jr.

Quita v. Dandan

Llorente v. CA

Garcia v. Recio

- A Filipina obtained a divorce from her foreign spouse abroad - The foreigner acknowledged that he and the Filipina had no community property in the divorce proceedings - When he came back to the Philippines, he filed a suit claiming that the Filipinas business was conjugal property - A Filipino couple obtained a divorce abroad - Wifes citizenship at the time the divorce was obtained has not been established - Husband contracted a second marriage after obtaining a divorce from his first wife - In his will, the husband left the entire estate to his second wife - He was already a US citizen at the time of: the divorce from his first wife, the marriage to his second wife, the execution of the will, and his death - A Filipino was divorced from his Australian wife and eventually married a Filipina

Although this decision was promulgated before the effectivity of the Family Code, the Court held that the divorce obtained abroad which dissolved their marriage became binding on the foreigner. Under his national law, the foreigner is no longer the Filipinas husband. As such, he has no standing to sue as her husband who is entitled to exercise control over conjugal assets. There is no reason why the Filipina should still be considered as married to the foreigner under Philippine law. She should not be discriminated against in her own country. Since the divorce and the wifes naturalization occurred in the same year, it is important to know which of these occurred first. In order to determine the validity of the divorce, it is necessary to establish the wifes citizenship at the time the divorce was obtained. Following the doctrine in Quita, citizenship at the time the divorce was obtained determines its validity. Since the husband was already a US citizen even before he had obtained the divorce, there is no more question about its validity. However, it is not clear whether US divorce laws allow a husband to leave his entire estate to the second wife. For this reason, the case needs to be remanded.

Republic v. Obercido

Corpuz v. Sto Tomas

- husband discovered that wife had been naturalized, obtained divorce in US and married a foreigner - husband files for authority to remarry - petitioner former Filipino who acquired Canadian citizenship and married a Filipina - Filipina cheated on him and he sought divorce in Canada - he then wanted to marry another and submitted the decree to civil registry which was denied due to lack of judicial recognition Key Facts - A Muslim woman was divorced from her husband and she filed a petition to resume use of her maiden name

There are 2 kinds of divorce: absolute and limited. In absolute divorce, the marriage ties are severed, allowing the parties to remarry. In limited divorce, however, the marriage ties are still in full force. There was no evidence to show that the Filipino had obtained an absolute divorce from his Australian wife. Aside from this, some absolute divorces still restrict remarriage for a certain period of time. Foreign law, like any other fact, must be alleged and proved. Before a foreign divorce decree can be recognized by court, party pleading must prove the divorce as a fact and demonstrate its conformity to foreign law. There is no sufficient evidence at hand in the case at bar. Alien spouse can claim no right under Art 26(2) of FC as the substantive right it establishes is in favor of the Filipino spouse. Foreign divorce decree is presumptive evidence of a right that clothes the party with legal interest to petition for its recognition in this jurisdiction

Muslim Divorces Case Yasin v. Sharia District Court Ratio The true and real name of a person is that which appears on the birth certificate. A married woman is not obliged to assume her husbands name. The choice of which name to employ is completely up to her. Because Muslim divorces are recognized here, the wife may resume use of her maiden name since the marital bond has De Facto Separation

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Case Perez v. CA

Estrada v. Escritor

Key Facts - Husband and wife were separated in fact - They had a 1 year-old son - Members of Jehovahs Witnesses who were separated in fact from their respective spouses were living together as husband and wife

Case Narag v. Narag

Ratio Since Art. 213 does not qualify the word separation to mean legal separation, the tender-years principle provided in the article is also applicable to de facto separation. However, their arrangement is approved by their religious sect. The only justification for a restraint on the exercise of religious freedom is the existence of a clear and present danger of substantive evil which the state has the right to prevent. Although the religious sanction gives a sense of normalcy and legality to their union, this does not change laws on marriage. They still need to validate their relationship in order to avail of the benefits that only a marriage can afford them. Cohabitation, Mutual Love, Respect Key Facts Ratio - Lawyer-husband Being able to provide for the familys needs is not enough. abandoned his family for Evidence shows he abandoned his family and this removed him another woman but from a position to be a good husband and father. Spouses have continued to provide for an obligation not only to render mutual help and support but them also to live together and observe mutual love, respect and fidelity. Lawyer-husband deserves to be disbarred - Wife left the conjugal home because husband wanted her to perform unchaste acts and maltreated her whenever she refused to do so - Husband was indicted for rape and aggravated sodomy of his wife The marital obligation to cohabit includes normal sexual intercourse only. The duty to live together cannot be separated from the duty to mutual love, respect and fidelity. The wife is entitled to support because she left with justifiable cause. The law will not allow the husband to terminate his duty to support the wife by his own wrongful acts which led her to leave the conjugal home Theories which justify the marital exemption for rape can no longer be accepted as valid since there have been changes in womens rights and the status of women in marriage. There is no reason why a woman, in contracting a marriage, should surrender laws which protect her from the ultimate violation of self which occurs in rape. 3 theories: 1. Lord Hales Contractual Theoryhusband cannot be guilty of raping his wife because the wife has given up herself to the husband upon marriage 2. Wife as the husbands chattel or property 3. Unity of Person Theorylegal existence of a woman is consolidated into that of her husband. Because there is only one legal being, husband cannot be convicted of raping himself. The equal protection clause is also applicable to discriminatory governmental action in administration and enforcement of the law. Police action is one of these. A man is not allowed to physically abuse a woman merely because he is her husband. Similarly, a police officer may not knowingly refrain from interference in such violence simply because the assaulter and his victim are married to each other. The equal protection clause is not restricted to racial discriminations. It also involves alien-based classifications. For this reason, the distinction between married and non-married persons similarly situated violates the equal protection clause. There is no rational basis for the distinction between marital and nonmarital rape. Rape is a degrading, violent act which violates the physical integrity of the victim and frequently causes severe, long-lasting physical and psychological harm. A married woman has the same right to control her own body as does an unmarried woman. There is also no rational relationship between allowing a husband to rape his wife and protecting marital privacy as well as encouraging reconciliation. Aside from this, it is the violent act of rape which disrupts a marriage, not the subsequent attempt of the wife to seek protection through the criminal justice system. If the marriage has already reached

Goitia v. Campos Rueda

Warren v. State

Thurman v. City of Torrington

- Wife was being assaulted by the husband but the city did not offer her any police protection

- Statute exemption for marital rape - Husband was convicted of rape and sodomy in the first degree of his wife People v. Liberta

15

Case Tenchavez v. Escano

Dadivas de Villanueva v. Villanueva

Key Facts - Wife abandoned husband without justifiable cause and obtained a divorce abroad in order to remarry - Wife was forced to leave the conjugal home because of the husbands infidelity

Garcia v. Santos

- Husbands son from a first marriage impregnated wifes daughter from a first marriage - Wife left the conjugal home - Husband threatened her with violence if she would return - The couple lived with the husbands parents but the wife cannot get along with them - When the couple went to the wifes hometown, she did not go back with him - Husband offered to move into a place of their own but she still refused to cohabit - The couple lived with the husbands mother but the wife cannot get along with her - Husband refuses to live separately from his mother

the point where intercourse is accomplished by violent assault, it is doubtful that there is anything left to reconcile. Claims that marital rape is a difficult crime to prove because lack of consent has to be shown and that it can lead to fabricated complaints by vindictive wives are untenable. Lack of consent is always difficult to prove. There is no greater possibility of married women making fabricated complaints than unmarried women. Fixing of Family Domicile Ratio The wifes acts of her refusal to perform her marital duties, denial of consortium, and desertion of her husband constitute a willful infliction of injury upon the husbands feelings in a manner contrary to morals, good customs or public policy (Art. 21, CC). The grant of moral damages, however, is not an effect of legal separation but rather a result of her wrongful acts. The wife is entitled to support because she left with justifiable cause. The law is not so unreasonable as to require a wife to live in marital relations with a husband whose incurable propensity towards other women makes common habitation with him unbearable. The husband cannot relieve himself of the duty to support his wife by his own wrongful acts. The wife is entitled to support because she left with justifiable cause. To keep the 2 young people under the same roof will only give them the opportunity to continue their illicit relations which would create an embarrassing situation for the wife. Under these circumstances, to compel the wife to cohabit with her husband can only lead to further quarrels.

Atilano v. Chua Ching Beng

The husband has the choice to support his wife by paying a fixed allowance or maintaining her in his house. Only a moral or legal obstacle can prevent him from availing of this latter option. Not getting along with the inlaws is not a moral or legal obstacle therefore the husband is entitled to decide which option to choose. Moreover, the husband has already offered to live apart from his parents.

Del Rosario v. Del Rosario

The wife is entitled to support because she left with justifiable cause. Although a wife is obliged to follow her husband wherever he establishes his residence, she cannot be compelled to live with her mother-in-law if they cannot get along. The marriage vow does not include making sacrifices for the inlaws.

Case McGuire v. McGuire

Mutual Help and Support Key Facts Ratio - Husband was too frugal (i.e. The spouses are living in the same house. There is no reason would only give the wife small why the wife should be granted separate maintenance. amounts, had not taken her Furthermore, the living standards of a family are a concern to the movies for 12 years, of the household and not of the courts. As long as the home

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Pelayo v. Lauron

Case Young v. Hector

Case Silva v. Peralta

Tolentino v. CA

Yasin v. Sharia District Court

refused to install modern is maintained and the parties are living as husband and wife, facilities in their toilet and it may be said that the husband is legally supporting his wife. bath) - Parents-in-law called a Under the law, it is the husbands obligation to pay the doctor to render medical doctors fees for the services rendered to his wife. The assistance to their daughterparents-in-law cannot be held liable because they are in-law who was about to give considered strangers within the meaning of the law except if birth they had bound themselves to do so by an express contract. - Doctor sued the parents-inlaw for payment Management of Household Key Facts Ratio - Architect-husband and Three factors in determining who the primary caretaker is: lawyer-wife obtained a 1. economic stability (or the desire to remain employed, not divorce larger salary) 2. constant factor in childrens lives 3. ability to control anger In awarding custody of the children, the court must take into consideration who the primary caretaker had been throughout the childrens life and not only the years immediately preceding the divorce or separation. Exercise of Profession Key Facts Ratio - A woman contracted No marriage between the man and the woman had ever marriage with a man who had taken place because the man had a prior subsisting a prior subsisting marriage marriage. Because there is no marriage between them, it is - The man later left for the US not proper for the woman to use the mans name or to and obtained a divorce from continue representing herself as his wife. his first wife but remarried The law authorizes a married woman to use the surname of another her husband. Impliedly, it excludes others from doing - Woman continued using the likewise. mans surname to the second wifes objections - Ex-wife continued using her The effects of absolute divorce are similar to those of the ex-husbands surname even death of the spouse where there is a severance of valid after an absolute divorce had marriage ties. Since a widow is allowed to use the name of been granted to her deceased husband, so may an ex-wife use the name of them her ex-husband. For usurpation of status to occur, 3 - Husband remarried and the requisites must be present: actual use, unauthorized, to present wife objected to the designate personality or identity ex-wifes use of the husbands surname - A Muslim woman was The true and real name of a person is that which appears on divorced from her husband the birth certificate. A married woman is not obliged to and she filed a petition to assume her husbands name. The choice of which name to resume use of her maiden employ is completely up to her. Because Muslim divorces are name recognized here, the wife may resume use of her maiden name since the marital bond has already been severed.

Relief From Courts Case Perez v. Tuazon de Perez Arroyo v. Vazquez de Arroyo Key Facts - Husband filed a petition to have his wife declared a prodigal and be placed under Guardianship - Wife left the conjugal home without justifiable cause and filed for support - Husband asked the court to compel his wife to return Ratio The Domestic Relations Court has jurisdiction over the matter. Material injury does not refer to economic injury or damage, but to personal (i.e. physical or moral) injury. Consortium is a purely personal right. Hence, it is not within the power of the courts to order the wife to return to the conjugal home under pain of contempt. The most they can do is admonish her to return. A spouse who left the conjugal home without justifiable cause is not entitled to support.

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REVIEWER 3: COMPARATIVE TABLES Applicable and Civil Code of the Philippines Family Code of the Philippines The Code of Muslim Personal Laws of the Philippines The Revised Penal Code An Act Lowering the Age of Majority Juvenile Justice and Welfare Act of 2006 A Decree Requiring Applicants for Marriage License to Receive Instructions on Family Planning and Responsible Parenthood Amending EO 209 (Family Code of the Philippines) An Act Nullifying the Prescriptive Period for Action or Defenses Grounded on Psychological Incapacity Anti-Rape Law Anti-VAWC Act Women in Development and Nation-Building Act Pertinent Laws RA 386 (June 1949) EO 209 (August 1988) PD 1083 (February 1977) Act. No. 3815 (December 1930) RA 6809 (December 1989) RA 9344 (July 2005) PD 965 (July 1976)

EO 227 (July 1987) RA 8533 (February 1998) RA 8353 (September 1997) RA 9262 (March 2004) RA 7192 (February 1992)

Difference between Ordinary Contracts and Marriage Ordinary Contract Marriage Any number of persons, whether of the same or One man and one woman different sex Agreement of the parties have force of law Law fixes the rights and duties of the parties between them Can be terminated by mutual agreement of the Permanent contract unless dissolved, annulled, or parties declared a nullity Breach of ordinary contracts gives rise to an Breach of obligations of a spouse does not give rise to action for damages such an action Essential Requisites of Marriage Legal Capacity of Male and Female Consent freely given in the presence of the solemnizing officer Formal Requisites of Marriage Authority of the solemnizing officer Valid marriage license Marriage ceremony: (1) appearance of contracting parties before solemnizing officer (2) personal declaration that they take each other as husband and wife (3) presence of not less than 2 witnesses of legal age Irregularity -No effect on marriage but party/parties responsible for the irregularity will be civilly, criminally, and administratively liable

Absence Essential Requisites Formal Void Ab Initio

Defect Voidable --

Comparison of Rules from the Civil Code and the Family Code on Marriages When One Spouse is Absent Civil Code Family Code Absence of spouse for 7 consecutive years (Art. 83) Absence of spouse for 4 consecutive years (Art. 41) Under special circumstances, absence of spouse for Under special circumstances, absence of spouse for 4 consecutive years (Art. 83) 2 consecutive years (Art. 41) Voidable (Art. 83, 85(2)) Valid until terminated (Art. 41) Spouse believed to be absent by the general public Spouse believed to be absent by the present spouse (Art. 83) (Art. 41) Terminated by final judgment of annulment Terminated by mere recording in the civil registry of an affidavit of reappearance (Art. 42) Action can be filed only by the spouse who Action can be filed by any interested party (Art. 42) reappeared or either of the spouses in the

18

subsequent marriage (Art. 87(2))

Difference Between Void and Voidable Marriages Void Voidable Never existed Valid until annulled Can be attacked collaterally Can be attacked only in a direct proceeding for annulment May be questioned even after the death of one of the Can no longer be attacked after one of the parties is parties dead Cannot be ratified Generally made perfectly valid through continued cohabitation May be assailed by any one if it becomes material Can be generally attacked only by a party to it Action or defense to declare nullity generally does Action to set aside prescribes not prescribe

Difference Between Annulment and Legal Separation Annulment Legal Separation Cause already existing at the time of the celebration Cause arises after the celebration of marriage of marriage Terminates marital bonds Preserves marital bonds Cannot be set aside to restore marital relations May be terminated; parties may resume marital relations through reconciliation

Void Nature No Legal Effect

Voidable Valid Until Annulled

Legal Separation Marriage bond subsists; Separation mensa et thoro Petition for Legal Sepration Direct Only Spouses 5 years from occurrence of cause (Art. 57) ACP or CPG Legitimate

De Facto Separation No Legal Recognition

Manner of Impugni ng Manner of Attack Who may file action Prescrip tion Propert y Regime Children

Declaration of Nullity

Petition for Annulment Direct Only Spouses (Art. 47, FC gives details) Generally 5 years (Art. 47) ACP or CPG Legitimate

None

Direct or Collateral Anyone Imprescriptible Co-Ownership Illegitimate Except those conceived under Art. 36 and 53

None None None ACP or CPG Legitimate

Grounds for Void Marriages A. Article 35 (1) Minors even with parental consent (2) Solemnized by person without

THE GROUNDS Grounds for Voidable Marriages A. Article 45 (1) Marriage of those 18 but without parental consent (2) Unsound mind

Grounds for Legal Separation Under Article 55 (1) Repeated physical violence or grossly abusive conduct against petitioner, common children,

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authority; EXCEPT: parties believed in good faith (3) Solemnized without marriage license EXCEPT: (a) Art. 27 Articulo Mortis (b) Art 28 Too far from Civil Registrar (c) Art 34 under other customs (4) Bigamous or Polygamous not under Art. 41 (cases where first spouse absent) (5) Mistake of identity (6) Subsequent marriages void under Art. 53 (non-compliance of requirements) B. Article 36 Psychological Incapacity C. Article 37 Incestuous Marriages (1) between ascendants and descendants (2) between brothers and sisters D. Article 38 Void by Public Policy (1) collateral blood relatives up to 4th civil degree; legitimate or not (2) step-parents and step-children (3) parents-in-law and children-inlaw (4) adopting parent and adopted child (5) surviving spouse of adopting parent and adopted child (6) surviving spouse of adopted child and adopter (7) adopted child and legitimate child of adopter (8) adopted children of same adopter (9) parties where one with intention to marry the other, killed that other persons spouse or his or her own spouse Void Effects of Action A. Article 43 termination of subsequent marriage (1) children conceived prior to termination = legitimate (2) ACP or CPG liquidated; spouse in bad faith forfeits share (3) donations propter nuptias valid unless donee is guilty, revoked

(3) contracted through fraud (4) contracted through force, intimidation, duress (5) impotency (6) serious, incurable STD B. What Constitutes Fraud (1) non disclosure of conviction by final judgment of moral turpitude (2) concealment of pregnancy by man other than husband (3) concealment of alcoholism or drug addiction, homosexuality, or lesbianism (4) concealment of STD RATIFICATION Art. 45 Generally by free cohabitation

children of petitioner (2) physical violence or mental duress to petitioner, children, or children of petitioner to change religious or political affiliation (3) attempt to corrupt or induce petitioner, petitioners children, common children to prostitution or connivance in such corruption or inducement (4) Imprisonment by final judgment of more than 6 years, even if pardoned (5) drug addiction or habitual drug use (6) homosexuality or lesbianism (7) sexual infidelity or perversion (8) unjustified abandonment of one year (9) attempt to kill petitioner (10) contracting subsequent bigamous marriage, locally or abroad DEFENSES A. Art. 56 (1) Condonation (2) Consent (3) Connivance (4) Mutual Fault (5) Collusion (6) Prescription

Voidable A. Art. 50 (1) ACP or CPG liquidated; guilty spouse forfeits share (2) donations propter nuptias valid unless donee is guilty, revoked (3) revocation of designation of guilty party as insurance beneficiary (4) guilty party disqualified from

Legal Separation A. Art. 63 (1) marriage bond subsists; live separately (2) property regime dissolved and liquidated; guilty party forfeits share (3) child custody awarded to innocent spouse (4) guilty spouse disqualified from inheriting; provision

De Facto Separation A. Art. 100 and 127 (1) No support to spouse who leaves conjugal home without justification (2) judicial authorization obtained in summary proceeding when consent of spouse in transaction is required by law (3) if common property not enough,

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(4) revocation of designation of guilty party as insurance beneficiary (5) guilty party disqualified from inheriting B. Art. 44 subsequent marriage If both are guilty, donations made and testamentary dispositions of each other are revoked

inheriting (5) final judgment to provide for property distribution, care and child support; presumptive legitime delivery (6) creditors of property regime notified (7) conjugal dwelling goes to spouse whom children will live with

in will revoked B. Art. 64 (1) donation of offending may be revoked (2) revocation to be registered in registry of properties (3) registered alienations, lien, encumbrances respected (4) change in beneficiary to take effect upon written notification

separate property of both spouses solidarily liable for family support

Comparison of Rules on Property Effects due to Reconciliation of Spouses Civil Code Family Code Agreement to live together again may be in any Joint manifestation must be filed with the court in form, express or the same proceeding for legal separation implied Automatic revival of property relations prior to Separation of property already declared by the Court proceedings subsists No court order required to set aside the decree of Court must issue an order setting aside the decree legal separation of legal sep Comparison of Rules on Fixing of Family Domicile Civil Code Family Code Exclusive right of the HUSBAND to fix the family Joint authority of the spouses; court intervention in domicile case of Disagreement Exemptions granted only when the husband lives Exemptions granted if one of the spouses live abroad abroad or there are other valid and compelling reasons If the husband lives abroad in the service of the In case of disagreement, the court may determine Republic, wife is still compelled to join him whether or not a wife should join her husband abroad

Comparison of Rules on Family Support Civil Code, Art 111 Family Code, Art 70 Support of the wife and the family is the Spouses are JOINTLY responsible for the support of responsibility of the HUSBAND alone the family Husband is SOLE the administrator of the Spouses are joint administrators of the absolute conjugal partnership property community or conjugal property Conjugal property >> husbands capital >> Community or conjugal property >> income or fruits wifes paraphernal property of separate property >> separate properties (in proportion) In case of separation of property, spouses will Solidarily liable with respect to creditors contribute proportionately to the family expenses Comparison of Rules on Household Management Civil Code, Art 115 Family Code, Art 71 Right and duty of the WIFE alone to manage household Both spouses are entitled to manage the affairs household Conjugal property as source of payments Paid in accordance to the order established in Art. 70 Borrowing money for this purpose is explicitly permitted Law is silent Purchase of jewelry and precious objects voidable unless Law is silent

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expressly approved by the husband or price paid is from wifes paraphernal property Comparison of Rules on Exercise of Profession Civil Code, Art 117 Family Code, Art 73 Only the husband has the right to object Right to object is mutual ANY profession Profession must be LEGITIMATE (i.e. lawful, honest, moral) Grounds for objection: (1) husbands income is Either spouse may object only on valid, serious and sufficient for the family, (2) opposition is founded on MORAL grounds serious and valid grounds In case of disagreement, the following shall be In case of disagreement, the court shall decide consulted in this order: parents >> grandparents >> family council >> court Court: whatever may be proper and in the best Court: (1) whether the objection is proper, (2) interest of the family (2nd par. of Art. 73 in FC was benefit has accrued to the family prior to the also supposed to be included in the provision) objection Law is silent Will not prejudice the rights of creditors who acted in good faith

Comparison of Rules on Relief From Courts Civil Code, Art 117 Family Code, Art 73 Material injury = physical or moral injury inflicted on Word material was deleted, implying the widened spouse (NOT patrimonial or economic injury) meaning of injury to include both personal and patrimonial injury Court may counsel the offender to comply with Law is silent but court still has full freedom to his/her duties and take proper measures determine the kind of lawful relief that may be given REVIEWER 4: ENUMERATIONS AND LISTINGS Restrictions on Capacity (Art. 38, CC) 1. Minority 2. Insanity 3. Imbecility 4. State of being deaf-mute 5. Prodigality 6. Civil Interdiction The following, among others, modify the capacity to act: (Art. 39, CC) 1. Age 2. Insanity 3. Imbecility 4. State of being a deaf-mute 5. Penalty 6. Prodigality 7. Family relations 8. Alienage 9. Absence 10. Insolvency 11. Trusteeship Art. 92 (2), Rules of Court Meaning of word incompetent includes: 1. Persons suffering penalty of civil interdiction 2. Hospitalized lepers 3. Prodigals 4. Deaf and dumb who are unable to read and write 5. Those who are of unsound mind, even though they have lucid intervals 6. Persons not being of unsound mind but by reason of age, disease, weak mind, and other similar causes cannot, without outside aid, take care of themselves and manage their property Art. 34, RPC Civil interdiction will deprive the offender: 1. Rights of parental authority or guardianship, either as to person or property of any ward 2. Rights of marital authority 3. Right to manage his property 4. Right to dispose of such property by any act or conveyance Effects: of marriage 1. Personal and economic relations between spouses as sources of rights and duties. 2. Legitimacy of sexual union and of the family. 3. Personal and economic relations between parents and children give rise to rights and duties. 4. Family relationship results to various juridical consequences (impediments to marriage, right to support, right to inheritance, etc.). 5. Emancipation of spouses from parental authority. 6. Incapacity of spouses to make donations to each other.

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7. Disqualification of spouses to testify against each other. 8. Modification of criminal libability. Art. 7, FC Marriages may be solemnized by: 1. Any incumbent member of the judiciary within the courts jurisdiction 2. Any priest, rabbi, imam, or minister duly authorized by his church or religious sect (VOID) and registered with the civil registrar general (VOID), acting within the limits of the written authority granted him by his church or religious sect (VALID but officer is liable), and at least one of the contracting parties belongs to the solemnizing officers church or religious sect (VALID but officer is liable) 3. Ship captain or airplane chief only in cases under Art. 31 4. Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during military operation, only in cases under Art. 32 5. consul-general, consul, vice-consul in cases under Art. 10 FC Article 11: Sworn application for marriage license 1. Full name of contracting party 2. Place of birth 3. Age and date of birth 4. Civil status 5. If married before how, when and where previous marriage was annulled or dissolved 6. Present residence & citizenship 7. Degree of relationship of contracting parties 8. Full name, residence, and citizenship of the father & mother as well as the guardian/person with legal charge if the party has neither parent and is below 21 years old FC Article 12: Documents to be submitted (to ascertain age) 1. Original/certified copy of birth certificate; or in its absence: 2. Original/certified copy of baptismal cert; or in its absence: 3. If lost/destroyed/not yet received 15 days prior to application Residence certificate OR affidavit of witnesses EXCEPT if: 1. Parents appear personally to the LCR & swear as to ages 2. LCR is convinced by merely looking at the parties 3. Emancipated by previous marriage FC Article 13: If with previous marriage, submit: 1. Death cert of deceased spouse or affidavit 2. Judicial decree of absolute divorce 3. Judicial decree of annulment 4. Declaration of nullity FC Article 22: Marriage Contract

1. 2. 3. 4. 5. 6. 7.

Full name, sex, age Citizenship, religion, habitual residence Date & precise time of celebration Proper marriage license issued If parental consent was obtained If complied w/ requirements re: parental advice Marriage settlement, if any

FC Article 23: Duty of Solemnizing Officer to furnish copies 1. Original either parties 2. Duplicate, triplicate w/in 15 days after marriage to LCR where the marriage took place 3. Quadruplicate kept in his files FC Article 24: Duty of Local Civil Registrar 1. Prepare documents required 2. Administer oaths of interested parties Marriage of Exceptional Character 1. In Articulo Mortis 2. In Remote places with no means of transportation 3. Indigenous, ethnic, and Muslims married according to their customs 4. Ratification of Cohabitation Art. 35, FC Grounds of Void Marriage 1. Minor 2. Solemnized by person without authority Except: either or both spouses believed in good faith 3. No Marriage License 4. Bigamous and Polygamous Except: those under Art. 41 5. Mistake of Identity 6. Subsequent marriage void under Art. 53 Art. 37, Incestuous Marriages a. Between ascendants & descendants of any degree b. Between brothers & sisters half or full blood Art 38, FC Void by reason of public policy 1. Collateral blood relatives, whether legitimate or illegitimate, up to the 4th civil degree 2. Step-parents and step-children 3. Parents-in-law and children-in-law 4. Adopting parent and adopted child 5. Surviving spouse of the adopting parent and adopted child 6. Adopting parent and surviving spouse of the adopted child 7. Adopted child and legitimate child of the adopter 8. Adopted children of the same adopter 9. Parties where one, with the intent to marry the other, killed that other persons spouse or his/her own spouse Molina Guidelines: 1. The burden of proof to show the nullity of marriage belongs to the Plaintiff. Doubts will be resolved in favor of marriage & against nullity.

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2. The root cause of the PI must be i. Medically or clinically identified ii. Alleged in the complaint iii. Sufficiently proven by experts iv. Clearly explained in the decision 3. The incapacity must be proven to be existing at the time of the celebration of the marriage. 4. The incapacity must be medically/clinically permanent or incurable. The incurability may be absolute or relative. The incapacity must be relevant to the assumption of marital obligations. 5. The illness must be grave enough to bring about a disability to assume the essential obligations of marriage. 6. The essential marital obligations referred to are those in Art 68 to 71, FC and under Art 220, 221 & 225 of the FC. The non-compliance must be stated in the petition, proven by evidence, and included in the decision. 7. Interpretations of the National Appellate Matrimonial Tribunal of the Catholic Church should be given great respect, although not controlling. 8. The trial court must order the fiscal or solgen to appear as counsel for the State. His opposition/agreement must be state in the decision. Effects of Nullity 1. Liquidation, partition, and distribution of the properties of the spouses (Art. 43, FC) 2. Properties or their value that had been donated in consideration of marriage by the innocent spouse to the spouse in bad faith shall be revoked by operation of law (Art. 43, FC) 3. Innocent spouse may revoke the designation of the spouse in bad faith as beneficiary in the formers life insurance policy (Art .43, FC) 4. Spouse in bad faith shall be disqualified to inherit from the innocent spouse even under a will or testament (Art. 43, FC) 5. If both spouses acted in bad faith, all donations by reason of marriage from one to the other and all testamentary provisions made by one in favor of the other are revoked by operation of law (Art. 44, FC) 6. Conjugal dwelling and the lot on which it is built will be given to the spouse with whom the common children choose to remain, unless the parties agree otherwise (Art. 50, FC) 7. Children conceived or born before the judgment becomes final are considered legitimate and their presumptive legitime from each parent shall be delivered to them in cash, property, or securities (Art. 51, FC) 8. Judgment, partition, and distribution of the properties of the spouses, and the delivery of the childrens presumptive legitimes shall be recorded in the appropriate civil registry (Art. 52, FC) 9. After all the foregoing, the former spouses are free to marry again (Art .53, FC) 10. Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Art. 36 has become final and

executory shall be considered legitimate. Children conceived or born of the subsequent marriage under Art. 53 shall likewise be legitimate (Art. 54 FC) Art 50, FC: Effects of void marriage 1. Same as Art 43 (2, 3, 4, 5) and Art 44 2. Final judgment contains a. Liquidation, partition, distribution of properties b. Custody & support of children c. Delivery of presumptive legitimes 3. Creditors of ACP/CP notified of liquidation proceedings 4. Conjugal dwelling & its lot adjudicated accordingly a. Remains w/ spouse w/ whom majority of children chooses b. Children below 7 yrs to mother, XPN: court decision c. If there is no majority, court shall decide Art 51, FC: Delivery of presumptive legitimes 1. In the partition of properties, presumptive legitime of children shall be computed from the final judgment of court deliver in cash, property, or sound securities 2. Guardians/trustees may ask to enforce if the legitime is not delivered as ordered by court 3. Considered as advances on their legitimes Art 45, FC Grounds for Annulment 1. Age above 18 but below 21, w/o parental consent31 Rat: Once 21, freely cohabits 2. Either party was of unsound mind Rat: Lucid interval/coming to reason, freely cohabits 3. Consent obtained through fraud Rat: After knowledge of fraud, freely cohabits 4. Consent obtained by force, intimidation or undue influence Rat: Its cause disappears, freely cohabits 5. Physically incapable of consummating the marriage i. Exists at the time of marriage ii. Continues iii. Appears to be incurable iv. Unknown to the other party 6. STD afflicted i. Exists at the time of marriage ii. Appears to be incurable iii. Unknown to the other party Art 46, FC Fraud 1. Nondisclosure of previous final conviction of a crime involving moral turpitude 2. Concealment of wife of the fact that she was pregnant by another man at the time of the marriage 3. Concealment of STD, regardless of nature, existent at the time of marriage

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4. Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of the marriage Effects of Pending Decree/Action 1. The Court shall provide for the support of the spouses and the custody and support of their common children. It shall also provide for appropriate visitation rights of the other parent (Art. 49, FC) 2. Conjugal dwelling and the lot on which it is built will be given to the spouse with whom the common children choose to remain, unless the parties agree otherwise (Art. 50, FC) 3. Children conceived or born before the judgment becomes final are considered legitimate and their presumptive legitime from each parent shall be delivered to them in cash, property, or securities (Art. 51, FC) 4. Judgment, partition, and distribution of the properties of the spouses, and the delivery of the childrens presumptive legitimes shall be recorded in the appropriate civil registry (Art. 52, FC) 5. After all the foregoing, the former spouses are free to marry again (Art .53, FC) 6. Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Art. 36 has become final and executory shall be considered legitimate. Children conceived or born of the subsequent marriage under Art. 53 shall be legitimate (Art. 54, FC) 7. Children conceived before the decree annulling a voidable marriage shall use the surname of the father (Art. 369, CC) 8. If the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may choose to continue employing her former husbands surname unless the court orders otherwise or she of the former husband is married again to another person (Art. 371, CC) Art 43, FC Effect of termination of subsequent marriage 1. Children conceived before its termination are legitimate. Custody & support shall be decided by courts in the proper proceeding in case of dispute 2. ACP or Conjugal Partnership is dissolved XPN: party in bad faith share forfeited in favor of: - Common children If none, children of guilty spouse by previous marriage - If none, innocent spouse 3. Donations by reason of marriage are valid XPN: revoked by law: donation to guilty spouse 4. Innocent spouse may revoke designation of guilty spouse as beneficiary in any insurance policy (even if irrevocable) 5. Spouse in bad faith disqualified to inherit from innocent spouse

Art 49, FC Pendency of action, court provides: 1. Support of spouses & custody and support of common children from the ACP/CP of spouses 2. Custody of children give paramount consideration to their welfare & give them choice w/ whom they wish to remain 3. Appropriate visitation rights Art 55, FC Grounds for Legal Separation 1. Repeated physical violence or grossly abusive conduct 2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation 3. Attempt to corrupt or induce to engage in prostitution OR connivance in such corruption or inducement 4. Final judgment of imprisonment of more than 6 years 5. Drug addiction or habitual alcoholism 6. Lesbianism or homosexuality 7. Contracting of subsequent bigamous marriage 8. Sexual infidelity or sexual perversion 9. Attempt of the life 10. Abandonment Art. 56, FC: DEFENSES against legal separation: 1. Condonement 2. Consent 3. Connivance 4. Recimination 5.Prescription Effects of Decree of Legal Separation 1. Spouses are entitled to live separately from each other (Art. 63, FC) 2. Absolute community or conjugal partnership shall be dissolved and liquidated, subject to the provisions of Art. 213, FC (Art. 63, FC) 3. Custody of minor children shall be awarded to the innocent spouse (Art. 63, FC) 4. Offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law (Art. 63, FC) 5. Innocent spouse may revoke donations made by him/her in favor of the offending spouse, to be registered in the registries of property where they are located within 5 years from the time the decree of legal separation has become final (Art. 64, FC) 6. Designation as beneficiary in any insurance policy can also be revoked by the innocent spouse. Revocation of or change in designation of the insurance policy beneficiary shall take effect upon written notification to the insured (Art. 64, FC) 7. Parental authority shall be exercised by the parent designated by the court, taking into account all relevant considerations especially the

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choice of a child over 7 years old unless the parent chosen is unfit. No child under 7 years old shall be separated from the mother unless the court finds compelling reasons to order otherwise (Art. 213, FC) 8. Wife shall continue using her name and surname employed before the legal separation (Art. 372, CC) Effects of Reconciliation 1. On personal relations a. Resumption of cohabitation bilateral act requiring common consent, not mere friendly relations b. After recon, if spouse commits another/same act, can file again 2. On the pendency of action [Art 66] a. If pending will be terminated in whatever stage b. Decree of LS set aside, issues a Decree of Reconciliation *DR recorded in the proper civil registries and in the NSO 3. On property relations [Art 67] a. Sep of property subsists unless spouses agree to revive it b. Revive former property/new regime agreement under oath: i. Properties contributed anew ii. Properties retained as separate property iii. Names & address of all CRs, amt due, liens held c. Submitted to Ct in the same proceeding for LS d. Scope of agreement & motion furnished to the CRs e. Recorded in the ROP in the place of properties f. Does not require publication of the proceedings publish verified motion for revival of former property regime or adoption of new one for 2 consecutive weeks in a newspaper of general circulation Separation in fact WILL NOT AFFECT the ACP, except that: 1. the spouse who abandons does NOT have the right to be supported; 2. when the consent of the other spouse is required for transactions, judicial AUTHORIZATION must be obtained; 3. if the ACP is INSUFFICIENT, the separate properties of the spouses will be used for support, and the present spouse will administer those separate properties upon judicial declaration. Separation in fact WILL NOT AFFECT the CPG, except that: 1. the spouse who abandons does NOT have the right to be supported; 2. when the consent of the other spouse is required for transactions, judicial AUTHORIZATION must be obtained; 3. if the CPG is INSUFFICIENT, the separate

properties of the spouses will be used for support, and the present spouse will administer those separate properties upon judicial declaration Obligations between spouses 1. COHABITATION; 2. mutual LOVE, respect, and fidelity; 3. mutual HELP and support. Multiple providers of support; order priority 1. spouse; 2. descendants in the nearest degree; 3. ascendants in the nearest degree; 4. siblings of

Multiple recipients of support 1. children, or spouse in the absence of children; 2. other descendants; 3. ascendants in the nearest degree; 4. siblings

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