-Persons- marry

Article 1. Marriage is a special contract of permanent union between a man GR: the absence of this requisite makes the marriage void
and a woman entered into in accordance with law for the establishment of E: either one of the parties believed in good faith that the
conjugal and family life. It is the foundation of the family and an inviolable solemnizer had the proper authority
social institution whose nature, consequences, and incidents are governed by 2. Valid The issuance of a VML signifies the involvement of the state.
law and not subject to stipulation, except that marriage settlements may fix the marriage ● Issued by the LCR of the place where the application
property relations during the marriage within the limits provided by this license (VML) is filed
Code.  ● Has a lifetime of 120d from issuance. It
automatically expires thereafter
Art. 2 Essential Requisites ● Effective in any part of the PH.
1. Legal -At least 18 y/o The requirements for the issuance of the marriage license
capacity of -Not incestuous/ against public policy are merely directory. Their non-observance is a mere
both parties -Capacity to act is limited by family relations eg. an already irregularity.
who must be married person cannot marry again.
male and -Must be of different sexes Exceptions- VML may be dispensed with
female 1. articulo mortis marriages
2. Consent 1. Freely given 2. marriages between 2 parties in places where there are no
2. In the presence of the solemnizing officer means of transportation to enable them to appear
personally before the local civil registrar
The total absence makes it void. Consent acquired through 3. marriages among Muslims and other cultural minorities,
VIMFU makes it merely annullable or voidable. in accordance with their practices
The consent need not be expressed in any special manner or 4. marriages among couples with no impediment to get
any particular form. married living together as h&w for five years.
Prohibits proxy marriages.
ABSENCE of Makes the marriage VOID. A judge who solemnizes a marriage without having been
any of the shown a VML and merely requires the submission of the
above marriage license after the ceremony acts improperly.
Defect Voidable ● If the parties just forgot to bring their VML, the
marriage is valid. It is just an irregularity.
Art. 3 Formal Requisites ● If they do not have a VML and apply for it only after
1. Authority 1. Must be one of those enumerated in art. 7 + Mayor under the ceremony, the marriage is void.
(not the LGC (Jan. 1, 1992) 3. Marriage The FC recognizes only ceremonial marriages, or those
presence) of *the authority will be presumed in absence of any showing Ceremony which are solemnized by persons duly authorized by the
the to the contrary. In accordance with the rule that, where a State.
Solemnizing marriage ceremony is shown, every presumption will be *An exchange in vows can be presumed to have been made
officer indulged that it was legally performed. from the testimonies of the witnesses who state that a
GR:The SO is not duty-bound to investigate whether a wedding took place, since the very purpose for having a
marriage license has been duly and regularly issued by local wedding is to exchange vows of marital commitment.
civil registrar. A declaration need not be vocally expressed. It can be shown
Except: in absence of a VML (location impediments, articulo by other signs and manifestation of consent. The failure of
mortis), SO duty bound to ascertain 1. Ages 2. Relationships the SO to ask whether the parties take each other as h&w is
of the contracting parties 3. Absence of legal impediment to not a fatal omission.
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 While the law provides that the declaration shall be (2) Any priest, rabbi, imam, or minister of any church or religious sect duly
contained in the marriage certificate, it is neither an authorized by his church or religious sect and registered with the civil
essential nor a formal requirement. registrar general, acting within the limits of the written authority granted by
Inadequacy in the witnesses is a mere irregularity. his church or religious sect and provided that at least one of the contracting
ABSENCE of Makes the marriage VOID. parties belongs to the solemnizing officer’s church or religious sect;
any of the (3) Any ship captain or airplane chief only in the case mentioned in Article 31;
above. (4) Any military commander of a unit to which a chaplain is assigned, in the
Irregularity GR: Does not affect the marriage, but the persons absence of the latter, during a military operation, likewise only in the cases
responsible shall be civilly, criminally and administratively mentioned in Article 32;
liable. (5) Any consul-general, consul or vice-consul in the case provided in Article 10.
E: when the contracting parties 18-below 21y/o did not (56a)
obtain the consent of their parents as provided for in art. 14
(page. 145 Sta Maria) State consent is manifested or granted vicariously by the people granted by the
state the privileged authority to solemnize marriage. If the above officers fault
Irregularities that do not affect the validity of the marriage: to comply with ay of the requisites mandated by law for them to validly
1. absence of two witnesses of legal age during the marriage solemnize a marriage, such a marriage is generally void on the ground of
ceremony absence of a formal requirement which is authority of the solemnizing officer.
2. absence of a marriage certificate
3. marriage solemnized in a place other than publicly in the Solemnizing Requisites
chambers of the judge/ open court, church, chapel or temple officer
or in the office of the consul general, consul or v-consul 1. Judges 1. Incumbent
4. issuance of the ML in a city not in the residence of the 2. Within their court’s jurisdiction
parties *CTA, CA, SB, CA and SC: all national in scope
5. unsworn application for ML wrong case daw: Navarro v. Domagtoy- SC said that the judge
6. failure to present orig birth cert who solemnizes the marriage outside of his/her jurisdiction
7. failure of parties 18-below21 to exhibit consent of would not affect the marriage. The issue is the penalty of the
guardians to the lcr judge, hence the statement is obiter and does not create
8. failure of parties 21-below25 to exhibit parental advise precedent.
9. failure to undergo counseling
10. failure of the LCR to post required notices Dysico v. Dacumos: it is highly irregular for a judge to collect
11. issuance of ML despite absence of publication or prior to fees for the ceremony. It cheapens the judiciary in the eyes of
completion of 10day period of publication the public
12. failure of the parties to pay the prescribed fees for the 2. Pries, 1. Duly authorized by his church or religious sect
ML rabbi, imam, 2. Act within the limits of the written authority granted to him
13. failure of the SOL to send copies of the marriage or minister of or her by the church or religious sect
certificate to the LCR church or -May impose a limitation as to the place where he
14. failure of the LCR to enter the applications for ML filed sect could solemnize a marriage.
with him in the registry book in the order in which they 3. Registered with the civil registrar general
were received. 4. At least one of the contracting parties belongs to the his
church or religious sect
Art. 7. Marriage may be solemnized by: 3. Ship 1. at least one of the parties is at the point of death (articulo
(1) Any incumbent member of the judiciary within the court’s jurisdiction; Captain and mortis)
airplane chief 2. the marriage must be between passengers or crew members
2
 3. must be at sea or flight or must be in transit discharges al the duties and wields the powers appurtenant to
● May be done during stop-overs at ports of call since the office. (People v. Bustamante)
the voyage or flight is not yet terminated Good faith of
*assistant pilot has no authority to solemnize a marriage even the parties
if, for instance, the pilot dies and the assistant assumes
command because there is no law allowing for such
assumption of authority for the purpose of solemnizing Article. 8. The marriage shall be solemnized publicly in the chambers of the
marriages judge or in open court, in the church, chapel or temple, or in the office the
4. Military 1. military commander of a unit consul-general, consul or vice-consul, as the case may be, and not elsewhere,
Commander ● A unit is a battalion. A military commander may except in cases of marriages contracted on the point of death or in remote
solemnize a marriage even the contracting parties do places in accordance with Article 29 of this Code, or where both of the parties
not belong to his unit. request the solemnizing officer in writing in which case the marriage may be
2. commissioned officer solemnized at a house or place designated by them in a sworn statement to
● Ranked second lieutenant, ensign and above that effect. (57a)
3. a chaplain must be assigned to such unit
4. chaplain was absent at the time of the marriage Venue is directory in nature.
● If the chaplain is present, he must be the one to GR: 1. Chambers of the judge
solemnize the marriage. 2. open court
5. articulo mortis 3. church, chapel, temple
6. the contracting parties must be within the zone of military 4. office of the consul general, consul or vice-consul
operation except
● Widespread military activity over an area and does 1. articulo mortis
not refer to simulated exercise because it requires 2. remote places
absence of civilian authorities 3. both parties request the solemnizing officer in writing in which case
● Includes maneuvers, police actions, declared and the marriage may be solemnized at a place designated by them in a
undeclared wars, civil war, rebellion sworn statement
5. Consul- 1. Abroad
General, 2. Both are Filipinos Art. 9. A marriage license shall be issued by the local civil registrar of the city
Consul, Vice *see art. 10 or municipality where either contracting party habitually resides, except in
Consul Consul agents are not included. marriages where no license is required in accordance with Chapter 2 of this
They act as solemnizer and perfrom the duties of the LCR. Title.
Solemnities established by Philippine laws shall be observed
in their execution.
If the parties obtain a ML in a place other than where they reside, it is a mere
A marriage between a Filipino and a foreigner abroad
irregularity which does not affect the validity of the marriage.
solemnized by a Ph consul is void. The authority of the consul-
general, consul, or vice consul to solemnize marriage is limited
Responsible Parenthood and Reproductive Health Act of 2012 provides that no
to Filipino citizens. The marriage wants in one formal
marriage license shall be issued by the LCR unless the applicants presents a
requisite- the authority of the solemnizing officer.
certificate of compliance issued for free by the Family planning office certifying
6. Mayor Pursuant to the local government code, effective Jan. 1, 1992.
that they had received instructions and information on responsible
The vice mayor, as acting mayor, has the authority solemnize
parenthood, family planning, breastfeeding and infant nutrition.
marriages because if the vice mayor assumes the powers and
Question: will the lack of this make the marriage void? Parang no…
duties of the office, it is immaterial whether he is the acting
mayor or merely acting as mayor for in both cases, he
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Art. 10. Marriages between Filipino citizens abroad may be solemnized by a shall be exempt from the documentary stamp tax. The signature and official
consul-general, consul or vice-consul of the Republic of the Philippines. The title of the person issuing the certificate shall be sufficient proof of its
issuance of the marriage license and the duties of the local civil registrar and of authenticity.
the solemnizing officer with regard to the celebration of marriage shall be If either of the contracting parties is unable to produce his birth or baptismal
performed by said consular official. (75a) certificate or a certified copy of either because of the destruction or loss of the
original or if it is shown by an affidavit of such party or of any other person
Art. 11. Where a marriage license is required, each of the contracting parties that such birth or baptismal certificate has not yet been received though the
shall file separately a sworn application for such license with the proper local same has been required of the person having custody thereof at least fifteen
civil registrar which shall specify the following: days prior to the date of the application, such party may furnish in lieu thereof
(1) Full name of the contracting party; his current residence certificate or an instrument drawn up and sworn to
(2) Place of birth; before the local civil registrar concerned or any public official authorized to
(3) Age and date of birth; administer oaths. Such instrument shall contain the sworn declaration of two
(4) Civil status; witnesses of lawful age, setting forth the full name, residence and citizenship of
(5) If previously married, how, when and where the previous marriage was such contracting party and of his or her parents, if known, and the place and
dissolved or annulled; date of birth of such party. The nearest of kin of the contracting parties shall be
(6) Present residence and citizenship; preferred as witnesses, or, in their default, persons of good reputation in the
(7) Degree of relationship of the contracting parties; province or the locality.
(8) Full name, residence and citizenship of the father; The presentation of birth or baptismal certificate shall not be required if the
(9) Full name, residence and citizenship of the mother; and parents of the contracting parties appear personally before the local civil
(10) Full name, residence and citizenship of the guardian or person having registrar concerned and swear to the correctness of the lawful age of said
charge, in case the contracting party has neither father nor mother and is parties, as stated in the application, or when the local civil registrar shall, by
under the age of twenty-one years. merely looking at the applicants upon their personally appearing before him,
The applicants, their parents or guardians shall not be required to exhibit their be convinced that either or both of them have the required age. (60a)
residence certificates in any formality in connection with the securing of the
marriage license. (59a) Art. 13. In case either of the contracting parties has been previously married,
the applicant shall be required to furnish, instead of the birth or baptismal
Purpose of documentary requirements certificate required in the last preceding article, the death certificate of the
1. To make marriages secure and stable. Proper documents must be deceased spouse or the judicial decree of the absolute divorce, or the judicial
maintained to serve as proof of their existence. decree of annulment or declaration of nullity of his or her previous marriage.
2. To discourage deception and seduction, prevent illicit intercourse under the In case the death certificate cannot be secured, the party shall make an
guise of matrimony and relieve from doubt the status of parties who live affidavit setting forth this circumstance and his or her actual civil status and
together as man and wife by providing evidence of the marriage the name and date of death of the deceased spouse. (61a)

If the LCR has knowledge of some legal impediment, he cannot discontinue Art. 14. In case either or both of the contracting parties, not having been
processing the application. He must only note down the legal impediments in emancipated by a previous marriage, are between the ages of eighteen and
the application and thereafter issue the marriage license. twenty-one, they shall, in addition to the requirements of the preceding
articles, exhibit to the local civil registrar, the consent to their marriage of their
father, mother, surviving parent or guardian, or persons having legal charge of
Art. 12. The local civil registrar, upon receiving such application, shall require
them, in the order mentioned. Such consent shall be manifested in writing by
the presentation of the original birth certificates or, in default thereof, the
the interested party, who personally appears before the proper local civil
baptismal certificates of the contracting parties or copies of such documents
registrar, or in the form of an affidavit made in the presence of two witnesses
duly attested by the persons having custody of the originals. These certificates
and attested before any official authorized by law to administer oaths. The
or certified copies of the documents by this Article need not be sworn to and
personal manifestation shall be recorded in both applications for marriage
4
license, and the affidavit, if one is executed instead, shall be attached to said needed shall be present.
applications. (61a)
Effect of failure to do so: suspends the ML for three months
APPLYING FOR A MARRIAGE LICENSE from the publication of the application
⮚ 1. Fill out of an application – anyone can do so Foreigner Certificate of legal capacity, in adherence of the nationality law
Requirements: who wants of the person.
Basic 1. Birth Certificate his marriage
2. Baptismal certificate, in default of the birth certificate to be *if both parties are foreigners who wish to be married before
3. other documents solemnized their respective consuls, they may do so without the need of
4. affidavit of 2 witnesses –full name, residence and citizenship by anyone in applying for a marriage license. The marriage shall be valid in
of the contracting parties art. 7 or the Philippines.
preferred witnesses- nearest of kin and persons of good mayor
reputation Refugees Affidavit showing forth his or her legal capacity

Birth certificate or baptismal cert shall not be required if: 2. LCR shall post a notice to inform everybody of the impending marriage for
1. Parties / parents appear before the civil registrar as swear 10 consecutive days in a bulletin board beside the office of the LCR or some
to the age of the parties conspicuous place in the building. It shall require persons who know of an
2. LCR is convinced of their age by merely looking at them impediment to inform the LCR.
Party 1. Death certificate of the spouse ⮚ Should the LCR know of or be informed of ay impediment, he shall
previously ⮚ Or an affidavit containing the ff: note the particulars and findings of the same on the application and
married 1. The fact that the death cert cannot be secured and issue the same after the publication
In lieu of reasons thereof
basic 2. Actual civil status GR: the issuance of the LCR of the ML is ministerial.
requirements 3. Deceased spouse’s name and date of death Except:
2. Judicial decree of absolute divorce or declaration of nullity 1. Court order- upon the petition of the LCR himself or some other interested
of previous marriage person
Additional requirements 2. in case of foreigners whose marriage is to be solemnized by those in art. 7 or
Parental At least one of the parties is aged 18-below 21 the mayor, in absence of the Certificate of legal capacity
consent 1. father
2. mother 3. Issuance of the ML- valid only in the PH, for 120 days. Automatically expires
3. surviving parent thereafter.
4. legal guardian
5. person who has custody
*absence – makes the marriage annullable but the ML issued VOID and VOIDABLE MARRIAGES
shall still be valid
Parental At least one of the parties is between 21-25 years old Void marriages can never be ratified or cured by any act of any of the
advise *absence- does not affect the marriage, suspends the issuance contracting parties. It cannot be cured by estoppel.
of the ML for three months from the publication Exception: Mallion v. Alcantara – After being denied the petition on the ground
If parental Certificate issued by a solemnizing officer under art. 7, or a of psychological incapacity, petitioner raised the ground of lack of marriage
consent or duly accredited marriage counselor that the parties have license. Court held that the parties waived the defect and dismissed the case.
parental undergone counseling. The petitioner was considered to have been barred by res judicata.
advise is Should only one of the parties need counseling, the other party
Annulable marriages
5
 Article 45 3. STD regardless of nature,
existing at the time of the
Cause Prescriptive Ratification marriage3
4. Drug addiction, habitual
period
alcoholism4, homosexuality
1. lack of parental consent Party who needed After attaining the or lesbianism existing at the
-at the instance of the party who consent: age of 21, the party time of the marriage
needed parental consent and of the 5 years after needing the *exclusive list
parents/ guardians attaining the age consent freely 4. consent obtained through Within 5 years Free cohabitation
of 21. cohabited with the force, intimidation or undue from the time the after the cessation
Parent, guardian other and lived influence force, intimidation of the force,
person having together as or undue influence intimidation or
legal charge- husband and wife ceases undue influence
before the party 5. either party incapable of Within 5 years These grounds are
reached the age of consummating the marriage after the marriage not cured by
21 with the other and such cohabitation.
2. either party was of unsound before the death of After coming to incapacity appears to be Because they are
mind either party reason, free incurable5 not based on
at the instance of: cohabitation 6. STD which is serious and defective consent
1. sane spouse who had no
appears to incurable6 like the others but
knowledge of the insanity1
based on the fact of
2. any relative, guardian or
person having legal charge of impotency or the
the insane – fact that the
3. insane spouse- during a lucid disease is
interval incurable.
3. consent obtained through Only the injured Free cohabitation
fraud- non-disclosure or can file a case after full
concealment of: within 5 years knowledge of the LEGAL SEPARATION
1. a previous conviction by final from the discovery facts
judgment involving a crime of of fraud
moral turpitude 3
2. the wife of the fact that she The nature of the STD is immaterial.
was pregnant by another 4
Fixed habit of constantly getting drunk.
man at the time of the 5
The permanent inability on the part of one of the spouses to perform the complete act
marriage2
of sexual intercourse. Must be continuous thus excluding accidental incapabilities.
Includes psychological incapacity. Must exist at the time of the marriage ceremony.
1
If the sane spouse knew, s/he is already estopped. Burden of proof is on the party alleging such. Need not be universal, may exist only with
2 respect to the present spouse.
Mere pregnancy is not enough. There must be concealment in bad faith. For instance,
a wife who thought she was barren had sex with another before her marriage to her RULE OF TRIENNIAL COHABITATION: If the wife continues to be a virgin for at least
husband. It turned out that the diagnosis was wrong, and she was in fact pregnant. This three years from the time the spouses started cohabiting, the husband must show that
is not a ground for annulment. Sexual infidelity is not the ground. It is concealment of a he was not impotent during the said period and the burden will be upon him to
pregnancy in bad faith. Also, if the pregnancy was apparent to the man, such does not overcome the presumption of impotence.
constitute concealment. But this must be at least 6months. Sterility is not impotence. it is not a ground for annulment.
6
If a woman disclosed to a man that she was pregnant by him in order for him to marry The prohibition is not in the inability to procreate but in the transmissibility to the
her, there is no ground for annulment. There was no pregnancy to cause annullment. other Spouse.
6
Art. 55. A petition for legal separation may be filed on any of the following ⮚ Abnegation of all marital duties of the marriage relation
grounds: ⮚ Total renunciation of duties.
(1) Repeated physical violence or grossly abusive conduct directed ⮚ People v. Schelske- despite the husband leaving, he made small
against the petitioner, a common child, or a child of the petitioner; contributions at intervals to support their minor child is not guilty of
⮚ Does not include violence upon the child of the respondent or the abandonment.
child of the guilty spouse. ⮚ A separation in which both parties willingly concur is not a willful
⮚ Must be with bad faith or malice desertion.
⮚ Even if the act is not repeated or does not involve physical violence, ⮚ Prima facie intention of not returning- a spouse who has left the abode
such act may nevertheless constitute grossly abusive conduct on the for three months who has failed with in the period to give any
part of the respondent which may warrant the issuance of a legal information as to his whereabouts
separation decree. For purposes of this Article, the term “child” shall include a child by nature or
⮚ Includes offensive language towards the spouse by adoption. (9a)
(2) Physical violence or moral pressure to compel the petitioner to
change religious or political affiliation; Art. 56. The petition for legal separation shall be denied on any of the following
⮚ One incident is enough. grounds:
(3) Attempt of respondent to corrupt or induce the petitioner, a common ⮚ Where the aggrieved party has condoned the offense or act
child, or a child of the petitioner, to engage in prostitution, or connivance complained of;
in such corruption or inducement;
⮚ Limited to prostitution only. ⮚ Condonation is an act of forgiveness of an offense after its
⮚ The children may be emancipated or not. commission. it implies a condition of good future behavior by the
⮚ The mere attempt is enough, although it includes consummated acts. offending spouse.
⮚ Does not include corruption of other persons. ⮚ May be express or implied- deduced from the acts of the parties
(4) Final judgment sentencing the respondent to imprisonment of more (2) Where the aggrieved party has consented to the commission of the
than six years, even if pardoned; offense or act complained of;
⮚ The judgment must be final. The spouse cannot file a legal separation ⮚ An agreement between spouses to live together and not to file any
while the conviction is on appeal. charges for their respective sexual infidelities, while void, is
(5) Drug addiction or habitual alcoholism of the respondent; nevertheless an expression of their clear consent to the commission of
(6) Lesbianism or homosexuality of the respondent; the sexual infidelity (P v. Schneckenburger)
⮚ The extent is the same with those of annulment cases. However, in ⮚ Express and implied, may be deduced from the acts of the parties
annulment cases, these grounds must exist at the time of the (3) Where there is connivance between the parties in the commission of
celebration of marriage. the offense or act constituting the ground for legal separation;
(7) Contracting by the respondent of a subsequent bigamous marriage, ⮚ Based on the maxim volenti fit injuria- he who has consented or who
whether in the Philippines or abroad; (bigamy) is willing to concur is not injured
(8) Sexual infidelity or perversion; ⮚ Also based on the doctrine of unclean hands
⮚ Adultery, concubinage (4) Where both parties have given ground for legal separation;
⮚ A single act is enough. (recrimination or pari delicto)
(9) Attempt by the respondent against the life of the petitioner; or ⮚ Ong v. Ong- H sought to dismiss the case of legal separation filed by
⮚ Must proceed with an evil design and not from any justifiable case eg. the W on the ground of physical abuse. H stated that his wife has
self-defense, caught the spouse in bed with another, abandoned him, thereby likewise giving ground for legal separation.
⮚ A conviction is not necessary SC rejected the H’s argument. For abandonment to be a ground of legal
(10) Abandonment of petitioner by respondent without justifiable cause separation, there must be no justifiable ground. Wife leaving the
for more than one year. husband because of physical beating is justifiable.
⮚ Must be willful and without justifiable cause

7
(5) Where there is collusion between the parties to obtain decree of legal 4. after filing, the petition for leg sep, the parties shall be entitled to live
separation; or separately from each other.
⮚ Collusion is a corrupt agreement while connivance is a corrupt Administration of the ACP/CPG
consenting. (1) Written agreement of the parties, or in default
⮚ Ocampo v. Florenciano- the mere circumstance tha the defendant told (2) Court to appoint an administrator – same powers as a guardian under
the fiscal that she liked also to be legally separated from her husband the ROC
is not an obstacle to a successful legal separation. There is collusion if 5.During the pendency of the action, art. 49 is to apply, support pendent lite
the parties make it appear that there is a ground for legal separation
when there is actually none. Death terminates a legal separation case. Death has settled the question of
(6) Where the action is barred by prescription. (100a) separation beyond all controversy and deprived the court of jurisdiction both
over the parties to the action and subject matter of the action itself.
Art. 57. An action for legal separation shall be filed within five years from the
time of the occurrence of the cause. (102) Art. 63. The decree of legal separation shall have the following effects:
⮚ The time of discovery is not material. (1) The spouses shall be entitled to live separately from each other, but
the marriage bonds shall not be severed;
Procedure for legal separation: ⮚ The spouses can still be criminally charged for bigamy, concubinage or
1. Tried six months from the time it was filed. adultery
⮚ Known as the six-month period. Time is healing balm. To give the (2) The absolute community or the conjugal partnership shall be
parties an opportunity for dispassionate reflection. dissolved and liquidated but the offending spouse shall have no right to
⮚ Exception- the six month period can be dispensed with if the case any share of the net profits earned by the absolute community or the
involves violence against the woman or child. conjugal partnership, which shall be forfeited in accordance with the
⮚ Under VAWC, violence includes physical, sexual, psychological, and provisions of Article 43(2);
economic abuse. ⮚ Net profit: the increase in the market value of the properties at the
⮚ Effect of non-observance: it is a ground to set aside the decree of legal time of the celebration of the marriage and the time of its dissolution.
separation (3) The custody of the minor children shall be awarded to the innocent
⮚ Pacete v. Cariaga, the wife filed a leg sep case along with the petition spouse, subject to the provisions of Article 213 of this Code; and
to nullify her husband’s marriage with his mistress. Court granted the ⮚ The paramount interest of the child shall be the standard. The court
petitions without the observance of the six month period. SC nullified may award the child to whomever it sees fit, even to a third person.
the decision. “that other remedies, whether principal or incidental, (4) The offending spouse shall be disqualified from inheriting from the
have likewise been sought in the same action cannot dispense, nor innocent spouse by intestate succession. Moreover, provisions in favor of
excuse compliance, with any of the statutory requirement.” the offending spouse made in the will of the innocent spouse shall be
⮚ What is prohibited is the hearing of the merits with respect to the revoked by operation of law. (106a)
validity or invalidity of the ground for leg. Sep. Other incidents like ⮚ Under art. 921(4), a person can disinherit his or her spouse in a will if
the custody of children and support may be heard. A mtd may likewise the latter has given cause for legal separation even if he or she has not
be heard, if the ground is apparent from the face of the petition. yet found guilty of the cause. But in art. 922, such disinheritance in a
2. Court must take steps toward the reconciliation of the spouses and is will shall be rendered ineffectual upon the mutual reconciliation of the
fully satisfied, despite such efforts that the reconciliation is highly spouses.
improbable.
3. No decree of leg sep shall be based upon a stipulation of facts or a Art. 64. After the finality of the decree of legal separation, the innocent
confession of judgment. spouse may revoke the donations made by him or by her in favor of the
⮚ Proof required: preponderance of evidence offending spouse, as well as the designation of the latter as beneficiary in
⮚ No prejudicial question and no suspension of criminal case. any insurance policy, even if such designation be stipulated as
Prosecuting atty is to take steps to prevent collusion between the parties irrevocable. The revocation of the donations shall be recorded in the

8
registries of property in the places where the properties are located.
Alienations, liens and encumbrances registered in good faith before the
recording of the complaint for revocation in the registries of property
shall be respected. The revocation of or change in the designation of the
insurance beneficiary shall take effect upon written notification thereof
to the insured.
The action to revoke the donation under this Article must be brought
within five years from the time the decree of legal separation become
final. (107a)

In the event of reconciliation, parties can file a joint manifestation under

Agreement of revival:
⮚ Executed under oath, shall specify:
(1) Properties to be contributed anew to the restored regime
(2) Those retained as separated properties of each spouse
(3) The names of known creditors, addresses and amounts owed
⮚ Filed with the court in the same proceeding for legal separation, with
copies of both furnished to the creditors named therein. After due
hearing, the court shall, in its order, take measure to protect the
interest of creditors and such order shall be recorded in the proper
registries of properties.
⮚ The recording of the ordering in the registries of property shall not
prejudice any creditor not listed or not notified, unless the debtor-
spouse has sufficient separate properties to satisfy the creditor’s
claim.

The new rule allows not only the revival of the previous property regime but
also they provide a new rule allowing the adoption of another regime of
property relations different from that which they had prior to the filing of the
petition for legal separation.