PERSONS AND FAMILY RELATIONS LAW PERSONS AND FAMILY RELATIONS LAW

THE CIVIL CODE OF THE PHILIPPINES - Charter of a city

● Not covered by this rule
PRELIMINARY TITLE - Interpretative regulations and those merely internal in nature
CHAPTER 1 - If it does not mean to regulate the public and only the personnel of the administrative
EFFECTIVITY AND APPLICATION OF LAWS agency, then it does not need to be published
- Letters of instructions issued by administrative superiors concerning rules or guidelines to
References used: Persons and Family Relations Law by Dean Mel Sta. Maria (2022 edition), and the Civil Code of be followed by subordinates need not to be published
the Philippines (2021 edition) - Municipal ordinances are covered by the Local Government Code
Requisites for a newspaper circulation to be considered one of general circulation
Article 1. This Act shall be known as the Civil Code of the Philippines. 1. Published for the dissemination of general information and local news
2. Has a bonafide subscription list of paying subscribers
3. It is published/released at regular intervals
● The main draft of the Civil Code was prepared by the Roxas Code Commission, which was 4. Must be available to the public and not only to a select few
created via Executive Order No. 48 on March 20, 1947 during President Manuel Roxas’ term. 5. Not devoted to private interests and should not cater to only a specific audience
● The Senate and the House of Representatives passed RA No. 386 which is “An Act to Ordain ● The newspaper need not to have the largest circulation as long as it is of general circulation
and Institute the Civil Code of the Philippines” on January 26, 1949. ● Internet publication: while the SC held that “although the e-commerce law recognizes the
● Effectivity date: August 30, 1950 admissibility in evidence of electronic data messages and documents, it does not make the
internet a medium for publishing laws, rules, and regulations.”
Article 2. Laws shall take effect after 15 days following the completion of their publication in the “Unless it is otherwise provided” clause
Official Gazette, unless it is otherwise provided. This Code shall take effect one year after ● Solely refers to the 15-day period and not the requirement of publication
publication. ● If the law provides for a different period shorter or longer than the 15-day period, then it will
prevail. If the law provides that it shall take effect immediately, then it means that it shall take
effect immediately after publication.
● Effectivity date of the Civil Code: August 30, 1950
● Amended by Executive Order No. 200 on June 18, 1987 by President Corazon Aquino
Executive Order No. 200 Article 3. Ignorance of the law excuses no one from compliance therewith.
● Laws, to be effective, must be published either in the Official gazette or in a newspaper of general
circulation in the country ● Ignorantia legis non excusat
● Newspapers of general circulation could better perform the function of communicating laws to the ● Emphasizes the importance of Article 2 or the publication of laws. Without such, there will be no
people since they are much more readily available, have a wide circulation, and come out basis for the legal maxim, ignorantia legis non excusat
regularly. ● Even if a person has no knowledge of such a law he has violated, it is not a valid defense.
● Requisites for a newspaper to be considered one of general circulation: regular release, no ● Applicable to all domestic laws, whether civil or penal; applicable only to mandatory and
specific audience or patronage, for the public, and not devoted to private interest prohibitory laws
Effectivity of Laws - Mandatory: civil laws, obligatory laws
● Requisites - Prohibitory: laws that prohibit certain acts, those with liabilities and penalties
- Publication either in the Official gazette or in a newspaper of general circulation in the ● Doctrine of processual presumption: where a foreign law is not pleaded or, even if pleaded, is not
country. proven, the presumption is that foreign law is the same as ours.
- “Publication is an indispensable requisite; the absence of which will not render the law
effective.”
- Publication must be in FULL; otherwise, it is not a publication at all since its purpose is to Article 4. Laws shall have no retroactive effect, unless the contrary is provided.
inform the public of its contents
- Laws become effective after the 15 day period has expired. The purpose of this is to ● Non-retroactivity of laws
enable the people to familiarize themselves with the statute. - Laws have no retroactive effect unless the contrary is provided
● Covered by this rule - Laws look into the future, not the past
- All presidential decrees, executive orders promulgated by the President in the exercise of ● Retroactive application
legislative powers - Retroactive: extending in scope or effect to a prior time or to conditions that existed or
- Administrative rules and regulations must also be published if their purpose is to enforce originated in the past. especially: made effective as of a date prior to enactment,
existing laws pursuant also to a valid delegation promulgation, or imposition.
- Circulars issued by the Monetary Board that fill in the details of the Central Bank Act ● Laws become retroactive when:

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1. When the law expressly provides for retroactivity

- Art. 256 of the Family Code states that laws should have retroactive effect so Prohibition against waiver
long as it does not prejudice or impair vested or acquired rights in accordance ● Waivers cannot be made if they are contrary to law, public order, public policy, morals or good
with the Civil Code and other rights. customs, or prejudicial to a third person with a right recognized by law.
2. When the law is curative or remedial ● Waivers are not allowed when:
- Curative laws: laws that intend to cure defects and add means of enforcing - Signing of a satisfaction receipt by a disabled employee
existing obligations. - Acceptance of benefits such as separation pay and leave benefits does not amount to
- Curative statutes give validity to acts done that would have been invalid under estoppel or waiver of right of employee to contest his illegal dismissal
existing laws, as if existing laws have been complied with.
- Curative statutes may be given retroactive effect unless it will impair vested
Article 7. Laws are repealed only by subsequent ones, and their violation or non-observance
rights.
shall not be excused by disuse, or custom, or practice to the contrary.
3. When the law is procedural
When the courts declare a law to be inconsistent with the Constitution, the former shall be void
- When a statute deals with procedure only, prima facie, it applies to all actions –
and the latter shall govern.
those which have accrued or pending and future actions.
Administrative or executive acts, orders and regulations shall be valid only when they are not
4. When the law is penal in character and is favorable to the accused
contrary to the laws or the Constitution.
- Art. 22 of the RPC states that penal laws shall have retroactive effect when: they
favor the guilty, the guilty person is not a habitual criminal, the final sentence has
been pronounced, and the convict is serving his sentence. Repeal
● A repeal is a legislative act of abrogating through a subsequent law the effects of a previous
statute or portions thereof
Article 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void,
● Repeals are either express or implied
except when the law itself authorizes their validity.
- Express repeal: literally declared by a new law, either in specific terms, where a specific
law is named, or generally, where it says “all laws inconsistent with this will be repealed”
Mandatory and Prohibitory Laws - Implied repeal: takes place when a new law contains provisions contrary to or
● Mandatory provision of law is when the omission of which renders the proceeding or acts, to inconsistent with those of a former without expressly repealing them. This is not favored
which it is related generally illegal or void. Prescriptive periods provided by the law for filing due to: vagueness, and repeals are not presumed unless law expressly provides it
particular suits are mandatory in character. Unconstitutional Statutes
- Ex. A husband, in order to impugn the legitimacy of a child, must file a case within 1 year ● Doctrine of Supremacy of the Constitution: the Constitution, being the supreme law of the land,
from the knowledge of the birth of the child. Should the husband file the case beyond a cannot be overridden by any ordinary statute.
year, the case will be dismissed. ● No ordinary statute can override a constitutional provision
● Prohibitory laws are those which contain positive prohibitions and are couched in negative terms, ● In deciding the constitutionality of a statute, every presumption favors its validity and whenever
importing that the act shall not be done unless otherwise designated. possible, statutes should be given a meaning that is not in conflict with the Constitution
- Ex. The family code states that no decree of legal separation shall be based upon a ● The constitutionality or unconstitutionality of a statute is not affected by the acts or omissions of
stipulation of facts or a confession of judgment. law enforcing agencies; instead, it depends on other factors other than those existing at the time
of its enactment
Partial Unconstitutionality of Statutes
Article 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy,
● Statutes can be partially repealed; but when the parts of the statute are mutually dependent and
orals or good customs, or prejudicial to a third person with a right recognized by law.
connected as to warrant a belief that the legislature intended for the statute to be read as a
whole, all parts that are conditional to unconstitutional provisions of a statute are also
Waiver unconstitutional.
● A waiver is the intentional relinquishment of a known right. Waivers are not presumed; rather, Rules and Regulations/Administrative and Executive Acts
they must be clearly and convincingly shown either by express stipulation or acts admitting no ● Regulations must be in harmony with the provisions of the law and must exist for the sole
other reasonable explanation. purpose of carrying into effect its general provisions
Requisites for a valid waiver: ● Rules and regulations violative of the law and the Constitution are invalid
1. The right must exist at the time of the waiver
2. Must be exercised by a duly capacitated person actually possessing the right to make the waiver
Article 8. Judicial decisions applying or interpreting the laws or the Constitution shall form part
3. The person must be aware of the consequences
of the legal system of the Philippines.
4. The person must know that the right exists

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Article 10. In case of doubt in the interpretation and application of laws, it is presumed that the
Judicial Construction and Interpretation
lawmaking body intended right and justice to prevail.
● Courts have the principal function of not only resolving legal controversies but also in interpreting
vague provisions of law relative to a particular dispute
● Construction is the art or process of discovering and expounding the meaning and intention of the Doubtful Statutes
authors of the law with respect to its application to a given case, where the intention is rendered ● Where the law is clear, it must be applied according to its unambiguous provisions and must be
doubtful, among others, because the given case is not explicitly provided for in the law taken as it is
Effect of Judicial Decision ● Construction and interpretation come only after it has been demonstrated that application is
● While judicial decisions are not laws, they assume the same authority as the statute impossible or inadequate without them.
● Until authoritatively abandoned, they necessarily become the criteria that controls not only the ● If there is ambiguity in the law, interpretation of the law requires fidelity to the legislative purpose
actions of those called upon to abide by the law but also those who are duty bound to enforce
obedience thereto Article 11. Customs which are contrary to law, public order or public policy shall not be
● Legis interpretatio legis vim obtinet: the interpretation placed upon the written law by a competent countenanced.
court has the force of law
● Judicial decisions created Article 12. A custom must be proved as a fact, according to the rules of evidence. (n)
- By the SC: authoritative and precedent-setting; judges must apply the law as interpreted
by the SC
- By inferior courts and the CA: merely persuasive Customs
When Judicial Decisions Deemed Part of the Law ● Customs are rules of conduct formed by repetition of acts, uniformly observed or practiced as a
● The application and interpretation of the Supreme Court upon a law is part of the law as of the social rule, legally binding and obligatory.
date of its enactment ● Courts take no judicial notice of custom. Instead, a custom must be proven as a fact according to
● However, when a doctrine of the SC is overruled and a different view is adopted, the new doctrine the rules of evidence
should be applied prospectively and should not be applied to parties who had relied on the old ● A custom as a source of right cannot be considered by a court or justice UNLESS such custom is
doctrine and acted on the faith thereof properly established by competent evidence like any other fact
- Applicable in the construction and application of criminal laws where the punishability of ● Juridical Custom vs. Social Custom
an act must be reasonably foreseen for the guidance of society - Juridical Custom: can supplement statutory law and/or can be applied in the absence of a
statute
- Social Custom: cannot be applied in the absence of a statute
Article 9. No judge or court shall decline to render judgment by reason of the silence, obscurity, - As a general rule, customs, even if proven, cannot prevail over a statutory rule or even a
or insufficiency of the laws. legal rule enunciated by the SC if they are contrary to law, public policy or public order

Duty of Judges Article 13. When the law speaks of years, months, days or nights, it shall be understood that
● Judges are tasked with the dispensation of justice in accordance with the constitutional precept years are of 365 days each; months, of 30 days; days, of 24 hours; and nights from sunset to
that no person shall be deprived of life, liberty, and property without due process of law sunrise.
● Judges must not evade performance of this responsibility just because of the apparent If months are designated by their name, they shall be computed by the number of days which
non-existence of a law in a particular dispute or because the law is vague or inadequate. Judges they respectively have.
must be guided by a sense of justice. In computing a period, the first day shall be excluded, and the last day included. (7a)
● Where the conclusions of a judge in a decision are not without logic or reason, he cannot be said
to have been incompetent. Computation of Legal Period
Judicial Legislation ● Article 13 was impliedly repealed by the Administrative Code of 1987 in the case of CIR v.
● The judiciary is tasked with resolving legal controversies and interpreting statutes; this branch of Primetown Property Group
government cannot legislate. Legislation is a function of the Congress. Legal Period
● In certain instances, courts, in the language of Justice Wendell Holmes, “do and must legislate” to
fill in the gaps of the law Year 12 calendar months / 365 days
- Recognizes the finity of the minds of legislators and how they cannot simply envisage all
Month A month designated in the calendar without regard to the number
possible cases to which the law may apply.
of days it may contain. It should be computed according to the
number of days the specific month contains.
- Ex. One calendar month from January 31, 2023 is from

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February 1, 2023 to February 28, 2023. is under consideration, whatever may be the nature of the property and regardless of the
country wherein said property may be found. (10a)
Day 24 hours

Night From sunset to sunrise Law Governing Real Properties

● The general rule is: the law of the country where the real property is situated is the governing law
● Counting Periods: the first day shall be excluded, while the last day is included over such real property
- Ex. If a law is to be made effective on the 20th day from its publication, and such ● Exceptions
publication was made on February 3, 1998, then the law shall be effective on February - Intestate succession and testamentary succession, wherein they shall be regulated by
23, 1998. The first day, which is February 3, 1998 is excluded while the last day, February the national law of the deceased, and this is applicable regardless of the nature of the
23, 1998 is included. property. This rule applies to the order of succession, the amount of successional rights,
the intrinsic validity of the provisions of the will, and the capacity to succeed.

Article 14. Penal laws and those of public security and safety shall be obligatory upon all who
live or sojourn in the Philippine territory, subject to the principles of public international law and Article 17. The forms and solemnities of contracts, wills, and other public instruments shall be
treaty stipulations. (8a) governed by the laws of the country in which they are executed.
When the acts referred to are executed before the diplomatic or consular officials of the
Republic of the Philippines in a foreign country, the solemnities established by Philippine laws
Obligatory Force of Penal Laws shall be observed in their execution.
● Both citizens/locals and foreigners are subject to penal laws and other laws designed to maintain Prohibitive laws concerning persons, their acts or property, and those which have for their
public security and safety. object public order, public policy and good customs shall not be rendered ineffective by laws or
● Liability for violation of any of the said laws will still attach even if the foreigner is just sojourning judgments promulgated, or by determinations or conventions agreed upon in a foreign country.
Philippine territory (11a)
Exceptions
● Diplomatic agents are exempted; they shall be inviolable and shall not be liable to any form of
Extrinsic Validity
arrest or detention (1961 Vienna Convention on Diplomatic Relations)
● Lex loci celebrationis: The forms and solemnities of public instruments, wills, and contracts shall
● Heads of state officially visiting the Philippines are also immune from criminal jurisdiction
be governed by the laws of the country where they are executed
- Ex. If in Japan it is required that for a holographic will to be valid, the date thereof need
Article 15. Laws relating to family rights and duties, or to the status, condition and legal not be in the handwriting of the testator, then that will is valid in the Philippines even if
capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a) under PH law, all contents of a holographic will must be in the testator’s handwriting
Acts Before Diplomatic and Consular Officials
● Any act or contract made in a foreign country before diplomatic and consular officials must
Nationality Rule
conform to the solemnities under Philippine law.
● Nationality Principle: regardless of where a Philippine citizen may be, he or she will be
● By rules of international law, the host country waives its jurisdiction over the premises of the
governed by Philippine laws with respect to:
diplomatic office of another country located in the said host country
- Family rights and duties
- The issuance of marriage licenses and the duties of the local civil registrar and of the
- Status, condition, and legal capacity
solemnizing officer with regard to the celebration of marriage shall be performed by a
● In this case, if a Filipino, regardless if he or she was married in the Philippines or abroad, initiates
consul-general, consul, or vice-consul abroad.
a petition abroad to obtain an absolute divorce from his/her wife/husband who is also a Filipino
Prohibitive Laws
and becomes successful in getting an absolute divorce decree, the Philippines will not recognize
● Pursuant to the Family Code, the only ways to terminate a marriage is through nullifying a
such absolute divorce.
marriage and annulment. Therefore, any Filipino who procures an absolute divorce abroad
- Why? Pursuant to Art. 26 of the Family Code, the only absolute divorce that the
against his/her wife/husband remains married in the eyes of Philippine law.
Philippines may recognize is a mixed marriage between a Filipino and a foreigner. In the
eyes of Philippine law, they are still married.
Article 18. In matters which are governed by the Code of Commerce and special laws, their
deficiency shall be supplied by the provisions of this Code. (16a)
Article 16. Real property as well as personal property is subject to the law of the country where
it is situated. However, intestate and testamentary successions, both with respect to the order
of succession and to the amount of successional rights and to the intrinsic validity of
testamentary provisions, shall be regulated by the national law of the person whose succession

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Suppletory Nature ● Breach of promise to marry is not actionable; but setting a wedding, spending for wedding
● In matters which are governed by the Code of Commerce or by special laws, any deficiency in the preparations and walking out of it when the matrimony was about to be solemnized, are contrary
latter shall be supplied by the provisions of the Civil Code. to good customs for which the defendant must be held answerable for damages
● Pari delicto: means in equal fault; in a similar offense or crime; equal in guilt and legal fault
CHAPTER 2
HUMAN RELATIONS
Article 22. Every person who through an act of performance by another, or any other means,
acquires or comes into possession of something at the expense of the latter without just or
Article 19. Every person must, in the exercise of his rights and in the performance of his duties, legal ground, shall return the same to him.
act with justice, give everyone his due, and observe honesty and good faith.
Article 23. Even when an act or event causing damage to another's property was not due to the
Article 20. Every person who, contrary to law, wilfully or negligently causes damage to another, fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or
shall indemnify the latter for the same. event he was benefited.

Article 21. Any person who wilfully causes loss or injury to another in a manner that is contrary
Unjust Enrichment
to morals, good customs or public policy shall compensate the latter for the damage.
● No person can validly claim what is not his or hers
● No person cannot unduly profit on something which does not meritoriously belong to him or her
Abuse of Right Doctrine ● These two provisions, Articles 22 and 23, refer to the prevention of unjust enrichment
● This doctrine sets certain standards which may be observed not only in the exercise of one’s Requisites
rights but also in the performance of one’s duties 1. Person unjustly benefitted
● These standards are the following: act with justice, give everyone his due, and observe honesty 2. Benefit is derived at the expense of another
and good faith Accion in rem verso
● The law recognizes that there are limitations to one’s rights; while rights are privileges granted ● Action for recovery of what has been paid
under a constitution, the exercise of such rights should not be abused
● There is no rigid test for this; the SC uses bad faith
Article 24. In all contractual, property or other relations, when one of the parties is at a
Elements of an Abuse of Right
disadvantage on account of his moral dependence, ignorance, indigence, mental weakness,
● (Chevron vs. Mendoza)
tender age or other handicap, the courts must be vigilant for his protection.
1. There is a legal right or duty
2. Which is exercised in bad faith; there must be malice, deliberate harm
3. For the sole intent of prejudicing or injuring another Court Vigilance
Articles 19 and 20 ● The courts must render justice and be vigilant in protecting the rights of the disadvantaged with
● In order to be liable for damages under Article 19, there must be a showing of bad faith the view that any decision must be in line with what is right and legal
● Good faith: consists of the intention to abstain from taking an unconscionable and unscrupulous
advantage of another Article 25. Thoughtless extravagance in expenses for pleasure or display during a period of
● Bad faith: does not simply connote bad judgment or dishonesty; it implies an intention to do acute public want or emergency may be stopped by order of the courts at the instance of any
ulterior and unjustifiable harm. Malice is bad faith or bad motive. government or private charitable institution.
Article 21
● Article 21 was designed to fill in the gaps in the statutes, which leave so many victims of moral
wrongs helpless, even though they have actually suffered material and moral injury Extravagance During Emergency
● Contra bonus mores ● The law seeks to prevent inconsiderate and ostentatious activities during times of emergency
1. There is an act which is legal ● Article 25 explicitly provides which entities are given legal standing to seek an injunction: any
2. But which is contrary to morals, good customs, public order, or public policy government or private charitable institution
3. And it is done with intent to injure
Other Notes Article 26. Every person shall respect the dignity, personality, privacy and peace of mind of his
● Articles 19, 20 and 21 denote that acts that cause injury to another may be made basis for an neighbors and other persons. The following and similar acts, though they may not constitute a
award of damages criminal offense, shall produce a cause of action for damages, prevention and other relief:
● Common element: the acts must be intentional; acts may be done either willfully or negligently 1. Prying into the privacy of another's residence;
● Acts committed to injure another are not at all necessarily criminal in nature 2. Meddling with or disturbing the private life or family relations of another;

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3. Intriguing to cause another to be alienated from his friends;

● Even if the civil obligation arose from a criminal offense, the required quantum of evidence in a
4. Vexing or humiliating another on account of his religious beliefs, lowly station in life,
civil suit is preponderance of evidence
place of birth, physical defect, or other personal condition.

Article 31. When the civil action is based on an obligation not arising from the act or omission
Protection of Human Dignity
complained of as a felony, such civil action may proceed independently of the criminal
● This provision highlights the protection of human dignity
proceedings and regardless of the result of the latter.
● Laws shall have regard for human life and safety

Civil Obligation Not Arising from Felony

Article 27. Any person suffering material or moral loss because a public servant or employee
● There are certain injuries that do not necessarily arise from the commission of a crime
refuses or neglects, without just cause, to perform his official duty may file an action for
● Seeks to give an aggrieved party a remedy and cause of action
damages and other relief against the latter, without prejudice to any disciplinary administrative
● However, this provision does not provide for an independent civil action
action that may be taken.
● Independent civil action: an action based on the same criminal act as in the case of Articles 32,
33 and 34.
Relief Against Public Officials - When the civil action is based on the obligation not arising from the act or omission
● Public officials are agents of the government; therefore, they have an obligation to be vigilant so complained of as a felony, such civil action being based upon an obligation not arising
that the public can be assured that the government is effective in servicing their needs from the criminal act is not an independent civil action
● Any person, suffering from the refusal or neglect of any government employee or public servant ● Applies to contractual and culpa contractual claims
to perform his duties, is entitled to damages - Ex. If a driver is acquitted of the crime of reckless imprudence resulting in homicide on
the basis of reasonable doubt, the transportation company may still be sued as a
Article 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor common carriers, regardless of the acquittal or any criminal liability of its driver charged
through the use of force, intimidation, deceit, machination or any other unjust, oppressive or in the criminal case
highhanded method shall give rise to a right of action by the person who thereby suffers
damage. Article 32. Any public officer or employee, or any private individual, who directly or indirectly
obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and
Article 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt liberties of another person shall be liable to the latter for damages:
has not been proved beyond reasonable doubt, a civil action for damages for the same act or 1. Freedom of religion;
omission may be instituted. Such action requires only a preponderance of evidence. Upon 2. Freedom of speech;
motion of the defendant, the court may require the plaintiff to file a bond to answer for damages 3. Freedom to write for the press or to maintain a periodical publication;
in case the complaint should be found to be malicious. 4. Freedom from arbitrary or illegal detention;
If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall 5. Freedom of suffrage;
so declare. In the absence of any declaration to that effect, it may be inferred from the text of 6. The right against deprivation of property without due process of law;
the decision whether or not the acquittal is due to that ground. 7. The right to a just compensation when private property is taken for public use;
8. The right to the equal protection of the laws;
Proof Beyond Reasonable Doubt 9. The right to be secure in one's person, house, papers, and effects against unreasonable
● Means that amount of proof which forms an abiding moral certainty that the accused committed searches and seizures;
the crime charged 10. The liberty of abode and of changing the same;
● It is not absolute certainty; however, such degree of proof is more exacting than what is needed in 11. The privacy of communication and correspondence;
a civil case which is merely preponderance of evidence 12. The right to become a member of associations or societies for purposes not contrary to
Preponderance of Evidence law;
● Means that the evidence adduced by one side outweighs that of the adverse party 13. The right to take part in a peaceable assembly to petition the Government for redress of
● This is the amount of proof needed in civil cases grievances;
14. The right to be a free from involuntary servitude in any form;
15. The right of the accused against excessive bail;
Article 30. When a separate civil action is brought to demand civil liability arising from a 16. The right of the accused to be heard by himself and counsel, to be informed of the
criminal offense, and no criminal proceedings are instituted during the pendency of the civil nature and cause of the accusation against him, to have a speedy and public trial, to
case, a preponderance of evidence shall likewise be sufficient to prove the act complained of.

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meet the witnesses face to face, and to have compulsory process to secure the Such civil action shall proceed independently of the criminal prosecution, and shall require only
attendance of witness in his behalf; a preponderance of evidence.
17. Freedom from being compelled to be a witness against one's self, or from being forced
to confess guilt, or from being induced by a promise of immunity or reward to make
Defamation, Fraud and Physical Injuries
such confession, except when the person confessing becomes a State witness;
● Defamation: includes libel
18. Freedom from excessive fines, or cruel and unusual punishment, unless the same is
● Fraud: includes estafa
imposed or inflicted in accordance with a statute which has not been judicially declared
● Physical injuries: include death or homicide, but cannot include reckless imprudence resulting in
unconstitutional; and
homicide
19. Freedom of access to the courts. In any of the cases referred to in this article, whether
or not the defendant's act or omission constitutes a criminal offense, the aggrieved
party has a right to commence an entirely separate and distinct civil action for damages, Article 34. When a member of a city or municipal police force refuses or fails to render aid or
and for other relief. protection to any person in case of danger to life or property, such peace officer shall be
Such civil action shall proceed independently of any criminal prosecution (if the latter be primarily liable for damages, and the city or municipality shall be subsidiarily responsible
instituted), and may be proved by a preponderance of evidence. The indemnity shall include therefor. The civil action herein recognized shall be independent of any criminal proceedings,
moral damages. Exemplary damages may also be adjudicated. The responsibility herein set and a preponderance of evidence shall suffice to support such action.
forth is not demandable from a judge unless his act or omission constitutes a violation of the
Penal Code or other penal statute. Members of Police Force
● Refusal of police officers to render the needed assistance of a citizen to maintain lawful order can
Two Kinds of Duties Exercised by Public Officers be a basis for claiming damages against them
1. Of Duties to the Public: officers whose duty is owed to the public and not to any particular ● The city or municipality shall be subsidiarily responsible therefor
individual. They receive compensation from the public treasury
2. Of Duties to Individuals: officers who, by reason of their employment by a particular individual to Article 35. When a person, claiming to be injured by a criminal offense, charges another with the
do some act for him in an official capacity, under a special and particular obligation to him as an same, for which no independent civil action is granted in this Code or any special law, but the
individual. They serve individuals chiefly and usually receive their compensation from fees paid justice of the peace finds no reasonable grounds to believe that a crime has been committed, or
by each individual who employs them the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may
Separate Civil Action for Violation of Constitutional Rights bring a civil action for damages against the alleged offender. Such civil action may be
● The 1947 Constitutional Commission found it imperative that a separate civil action is necessary supported by a preponderance of evidence. Upon the defendant's motion, the court may require
for the violation of constitutional rights the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to
- In most cases, threat to individual freedom originates from abuse of power of government be malicious.
officials & peace officers If during the pendency of the civil action, an information should be presented by the
- The requirement of proof beyond reasonable doubt (for criminal cases) often prevents prosecuting attorney, the civil action shall be suspended until the termination of the criminal
appropriate punishment, which a civil action only requires the preponderance of evidence proceedings.
- There are subtle, clever, & indirect ways of trampling upon the freedoms named which do
not violate the Penal Code
● Good faith is not a defense Reservation of Civil Actions
● The nature of Article 32 is that the wrong may be civil or criminal; it is not necessary that there ● Rule 111 of the Rules of Court outlines the procedures that must be followed when attempting to
should be malice or bad faith file both a criminal and civil case:
● The object of Article 32 is the protection of individual rights and to put an end to the abuse by the - Section 1. Institution of criminal and civil actions –
plea of good faith (a) When a criminal action is instituted, the civil action for the recovery of civil liability
Judges arising from the offense charged shall be deemed instituted with the criminal action
● Judges cannot be subjected to liability, whether civil, criminal, or administrative, for any of their unless:
official acts, no matter how erroneous, as long as they act in good faith 1. The offended party waives the civil action
● It is only when they act fraudulently or corruptly, or with gross ignorance, that they face criminal or 2. Reserves his right to institute it separately or institute the civil action prior to the
administrative liability. criminal action. This shall be made before the prosecution starts presenting its
evidence and under circumstances affording the offended party a reasonable
opportunity to make such reservation.
Article 33. In cases of defamation, fraud, and physical injuries a civil action for damages,
entirely separate and distinct from the criminal action, may be brought by the injured party.

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- No counterclaim, cross-claim, or third-party complaint may be filed by the ● Exceptions

accused in the criminal case, but any cause of action which could have been the 1. If there are prejudicial questions which should be resolved first before action could be
subject thereof may be litigated in a separate civil action taken in a criminal case
- Filing of fees: If there is no specified amount in the complaint, the filing fee 2. When the law provides that both the civil case and criminal case can be instituted
therefor shall constitute a first lien on the judgment awarding such damages; simultaneously as provided in Article 33 of the Civil Code
where the amount is specified in the complaint, the corresponding filing fees shall Prejudicial Question
be paid by the offended party upon filing thereof in the court. ● One that arises in a case and its resolution is determinative before the court. There are always 2
(b) The criminal action for violation of B.P. 22 shall be deemed to include the cases involved; a civil case and a criminal case
corresponding civil action ● The criminal case is always suspended because the issues in the civil case are determinative of
- No reservation to file such civil action separately is allowed the outcome of the criminal case
- Upon the filing of the complaint, the full filing fees must be paid for ● 2 essential elements of a prejudicial question
- Section 2. When separate civil action is needed – After a criminal action has been 1. The civil action involves an issue similar or intimately related to the issue raised in the
commenced, the separate civil action arising from the said case will be suspended until criminal action
final judgment is rendered on the criminal action. 2. The resolution of such issue determines whether or not the criminal action may proceed
- Consolidation of civil and criminal cases: the offended party can consolidate the ● In cases where a spouse is criminally charged for bigamy by his first spouse, and thereafter, the
civil claim with the criminal action in the court trying the criminal action; this second wife filed a civil case for annulment of marriage contending that the accused only forced
action is valid until the judgment on the criminal action has been pronounced. and intimidated her to marry him; and in which case the accused then filed a third-party complaint
The consolidated cases should be tried and decided jointly against his first spouse, saying that she had intimated and forced him to marry her
- In case of consolidation, the evidence already adduced in the civil action shall - The SC states that the existence of the civil suit does not constitute a prejudicial question
automatically be reproduced in the criminal action to warrant a suspension of the criminal case for bigamy, because the first marriage was
- The extinction of the penal action does not equate to the extinction of the civil still not annulled and still validly exists
action; unless it is found that the criminal action resulting in civil liability did not - A party who contracts a second marriage then assumes the risk of being prosecuted for
exist bigamy.
- Section 3. When civil action may proceed independently – In the cases provided in - However, if the husband makes a claim that he was intimidated by the second wife to
Articles 32, 33, 34 and 2176 of the Civil Code, the independent civil action may be enter into the bigamous marriage, his consent to the second marriage would be
brought by the offended party involuntary and cannot be the basis of his conviction of bigamy. He would be convicted of
- The independent civil action shall proceed independently of the criminal action bigamy either way. In which case, the civil case for the annulment of his second marriage
and shall require only a preponderance of evidence is a prejudicial question to warrant the suspension of the criminal case for bigamy.
- In no case may the offended party recover damages twice for the same act or ● When should a prejudicial question be invoked?
omission charged in the criminal action - Before the start of the proceedings of the case to prevent conflict of decisions
- Section 4. Effect of death on civil actions – The death of the accused after arraignment
and during the pendency of the criminal action shall extinguish the civil liability arising
Other Notes / Review / Things I Tend to Forget
from the crime
- However, the independent civil action instituted under Section 3 may be
What is a Dependent Civil Action? (Article 29)
continued against the estate or legal representative of the accused after proper
● When the civil action is based on the obligation not arising from the act or omission complained of as a
substitution or against said estate, as the case may be.
felony, such civil action being based upon an obligation not arising from the criminal act
- Legal representatives must appear and be substituted within a period of 30 days What is an Independent Civil Action? (Articles 31-35)
from notice ● An action that is based on the same criminal act as in the case of Articles 32, 33 and 34. These may be
- Section 5. Judgment in civil actions – being absolved from civil liability does not equate to brought by the offended party and may proceed independently of the criminal action and require only a
being absolved from criminal liability preponderance of evidence. In cases of defamation, fraud, and physical injuries, a civil action for damages
may be brought
Injury vs Damage (Articles 19-21)
Article 36. Prejudicial questions, which must be decided before any criminal prosecution may ● Injury; invasion of right: damage; loss you have sustained
be instituted or may proceed, shall be governed by rules of court which the Supreme Court Legal Wrong (Articles 19-21)
shall promulgate and which shall not be in conflict with the provisions of this Code. ● When a right is exercised in a manner that does not conform with the norms in Article 19 and results in
damage to another
Damnum absque injuria (Articles 19-21)
General Rule ● The legitimate exercise of a right, even if it causes loss, does not subject to actionable injury
● Where both a civil case and a criminal case arising from the same facts are filed in court, the
criminal case takes precedence / more important

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BOOK I
alienage, absence, insolvency and trusteeship. The consequences of these circumstances are
PERSONS
governed in this Code, other codes, the Rules of Court, and in special laws.
TITLE I – CIVIL PERSONALITY
Capacity to act is not limited on account of religious belief or political opinion.
A married woman, twenty-one years of age or over, is qualified for all acts of civil life,
CHAPTER 1: GENERAL PROVISIONS
except in cases specified by law. (n)

Article 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent
Article 38: Restrictions on Capacity to Act
in every natural person and is lost only through death. Capacity to act, which is the power to do
● Article 38 are restrictions to a person’s capacity to act; however, it is important to note that these
acts with legal effect, is acquired and may be lost. (n)
are mere restrictions, and NOT exemptions from certain obligations
- Ex. While minors are generally not allowed to contract, they may be held liable if they
Juridical Capacity misrepresent themselves and benefit from a contractual arrangement. Under the Civil
● Refers to the fitness to be the subject of legal relations Code, Article 19 provides: “Every person must, in the exercise of his rights and in the
● Inherent; acquired upon the birth of a person performance of his duties, act with justice, give everyone his due, and observe honesty
Capacity to Act and good faith.” Further, Article 20 states: “Every person who, contrary to law, wilfully or
● Refers to the power to do acts with legal effect negligently causes damage to another, shall indemnify the latter for the same.” Thus,
● Not inherent; it is attained or conferred and can be lost not only by death but by any valid cause while there is a restriction on their capacity to act in terms of entering into a contract,
provided by law minors are not exempt from legal obligations imposed upon them in certain situations.
● Demandable ● Prodigality: the state of squandering money or property with morbid desire to prejudice the heirs
Persons of a person
● Natural Person: human being (Articles 40-42) ● Civil Interdiction: deprivation by court of a person’s right; a legal restraint upon a person incapable
● Juridical Person: artificial beings – the state, its political subdivisions, corporations (Articles of managing his estate, because of mental incapacity, from signing any deed or doing any act to
44-46) his own prejudice, without the consent of his curator or interdictor
● Imbecility: condition in which a person thinks like a small child; a person who, while advanced in
age, has the mental capacity comparable to that of a child between two and seven years
Juridical Capacity Capacity to Act
● Insanity: condition in which a person’s mind is sick; if a person is under guardianship because of
● Inherent ● Not inherent insanity then he is presumed insane if he enters into a contract
● Can exist without capacity to act ● Exists always with juridical capacity Article 39: Limitations on the Capacity to Act
● Can only be lost through death ● Can be lost by any valid cause provided ● The article shows that religious belief or political opinion do not limit a person’s capacity to act.
● Passive: Juridical capacity is passive in by law ● For married women, the article states that only those 21 years old or over are “qualified for all
the sense that a person may be the ● Active: Capacity to act is active in the acts of civil life.” Thus, by its wording, it seems to suggest that married women who are 18 years
subject/recipient under the law without sense that a persons’ act or omission may
old to 20 years old are not.
necessarily having the legal capacity. produce legal effects.
Ex. minors are not able to enter into
contracts but they may be the recipient if CHAPTER 2: NATURAL PERSONS
there are stipulations in their favor –
because they have juridical capacity.
When they become adults, they can enter Article 40. Birth determines personality; but the conceived child shall be considered born for all
into contracts which will produce legal purposes that are favorable to it, provided it be born later with the conditions specified in the
effects – because they now have capacity following article. (29a)
to act.
Article 41. For civil purposes, the fetus is considered born if it is alive at the time it is
completely delivered from the mother's womb. However, if the fetus had an intrauterine life of
Article 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil less than seven months, it is not deemed born if it dies within twenty-four hours after its
interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated complete delivery from the maternal womb. (30a)
person from certain obligations, as when the latter arise from his acts or from property
relations, such as easements. (32a)
Commencement of Civil Personality
Article 39. The following circumstances, among others, modify or limit capacity to act: age, ● Article 40 was amended by Article 5 of P.D. 603 which provides: “The civil personality of the child
insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, shall commence from the time of his conception for all purposes favorable to him, subject to the
requirements of Art. 41 of the Civil Code.”

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● A conceived child, though yet unborn, can have civil personality, & may receive donations or - Any person who shows disrespect to the dead, or wrongfully interferes with a funeral,
succeed or inherit from a decedent, provided that it be born later under the conditions prescribed shall be liable to the family of the deceased for damages, material & moral
in Art. 41.
- Therefore, the unborn child has the right to support from its progenitors even if the child is
Article 43. If there is a doubt, as between two or more persons who are called to succeed each
only a conceived child/still unborn
other, as to which of them died first, whoever alleges the death of one prior to the other, shall
- A child conceived at the time of the death of the decedent is capable of succeeding,
prove the same; in the absence of proof, it is presumed that they died at the same time and
provided that it be born later under the conditions provided in Article 41
there shall be no transmission of rights from one to the other. (33)
Birth Certificates
● Birth certificates are the best evidence of the fact of birth; however, they can be rebutted by
competent evidence Proof of Death
● Registration for birth shall be sent to the LCR not later than 30 days after the birth of the child ● Art. 43 specifically applies only to persons who are called to succeed each other
● In the case of an exposed child: the person who found the child shall report to the LCR the place, ● Proof of death must be established by positive evidence; but it may also be established by
date and hour of finding circumstantial evidence derived from facts
● In the case of an illegitimate child: the birth certificate shall be signed and sworn jointly by the ● Proof of death can never be established by mere inference from another inference or from
parents or only by the mother if the father refuses presumptions and assumptions
● These should be kept confidential; but remain public documents since they can be obtained by
the following: CHAPTER 3: JURIDICAL PERSONS
1. The person himself, or any other person authorized by him
2. His spouse, parents, his direct descendants, or the guardian or institution legally in Article 44. The following are juridical persons:
charge of him if he is a minor (1) The State and its political subdivisions;
3. The court or proper public official whenever absolutely necessary in administrative, (2) Other corporations, institutions and entities for public interest or purpose, created by
judicial, or other official proceedings to determine the identity of the child’s parents or law; their personality begins as soon as they have been constituted according to law;
other circumstances surrounding his birth (3) Corporations, partnerships and associations for private interest or purpose to which
4. In case of the person’s death, his nearest of kin the law grants a juridical personality, separate and distinct from that of each shareholder,
partner or member. (35a)
Article 42. Civil personality is extinguished by death. The effect of death upon the rights and
obligations of the deceased is determined by law, by contract and by will. (32a) Article 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by
the laws creating or recognizing them.
Private corporations are regulated by laws of general application on the subject.
Death
Partnerships and associations for private interest or purpose are governed by the
● Death puts an end to civil personality
provisions of this Code concerning partnerships. (36 and 37a)
- In co-ownership, a co-owner may buy back the piece of a co-owned property sold by
another co-owner. In a case where the decedent passed down by succession a property
Article 46. Juridical persons may acquire and possess property of all kinds, as well as incur
to 6 co-heirs, if one co-heir sells his share, the other co-heirs will be able to exercise a
obligations and bring civil or criminal actions, in conformity with the laws and regulations of
right of redemption & attempt to buy back the selling co- heir’s share not because of the
their organization. (38a)
right of redemption of the deceased who gave them the inheritance, but because of their
rights as co-owners. The deceased could not have acquired the right of redemption after
his death, when the sale was made to the third party, because death extinguished his civil Juridical Person
personality, & therefore, all further juridical capacity to acquire or transmit rights and ● A juridical person is a being of legal existence susceptible of the rights & obligations, or of being
obligations of any kind. subject of juridical relations
● The LCR must also have in its custody the death certificates of persons who died in its locality The State and its Political Subdivisions
Contract, Will, and the Law ● The state is a sovereign person with the people composing it viewed as an organized corporate
● The rights & obligations of a dead person can still be regulated by contract, will, or the law society under a government with the legal competence to exact obedience of its commands
- Ex. Creditors are given the right to claim from the estate of the deceased any obligation - When does the state acquire its existence? When the 4 elements of the state are
due them before the estate can finally be partitioned in favor of the heirs. satisfied; people, territory, government, sovereignty
- Also, the testator, through express provision in a will, may disinherit any of his heirs under - When do public utility corporations acquire existence? When the law allows them to exist
any of the valid grounds provided by law, thereby, in effect, controlling the disposition of ● Political subdivisions: municipal corporations; provinces, cities, municipalities
his properties even after death ● As a juridical person, the State can enter into treaties and contracts
● The state cannot be sued without its consent

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- Express consent: embodied in a general law or a special law THE FAMILY CODE OF THE PHILIPPINES
- Implied consent: when the government enters into business contracts, thereby
descending to the level of the other contracting party; also when the state files a TITLE I. – MARRIAGE
complaint, thus opening itself to a counterclaim
- Suability: depends on the consent of the state to be sued CHAPTER 1
- Liability: depends on the applicable law and established facts REQUISITES OF MARRIAGE
- The circumstance that a state is suable does not necessarily mean that it is liable. The
state can never be held liable if it does not first consent to be sued
Article 1. Marriage is a special contract of permanent union between a man and a woman
Corporation
entered into in accordance with law for the establishment of conjugal and family life. It is the
● A corporation is an artificial being created by operation of law, having the right of succession and
foundation of the family and an inviolable social institution whose nature, consequences, and
the powers, attributes and properties expressly authorized by law or incident to its existence
incidents are governed by law and not subject to stipulation, except that marriage settlements
● The general law governing public corporations is the Corporation Code of the Philippines (B.P.
may fix the property relations during the marriage within the limits provided by this Code.
Blg. 68)
● Government corporations, such as the Development Bank of the Philippines and PAGCOR, are
created by their own special chapters passed by the legislature. B.P. Blg. 68 applies in a Why Marriage is a Special Contract
suppletory nature ● It is a special contract because it is more than a mere contract accompanied by duties and
Partnership obligations unique to a married life
● Two or more persons bind themselves to contribute money, property, or industry to a common ● The consent of the parties is essential to its existence like any other contract. However, when the
fund, with the intention of dividing the profits among themselves. They may also form a contract to marry is executed by a man and a wife, a relation between the parties is created which
partnership for the exercise of a profession they cannot change except for special circumstances
Distinct Personality and Exceptions ● Other contracts may be modified, restricted or enlarged or entirely released from upon the will of
● Corporations, partnerships, & associations for private interests may be granted by law a juridical the parties. Not so with marriage. The relation, once formed, calls for the law to step in and hold
personality separate and distinct from that of each shareholder, partner, or member. Therefore, the parties to various obligations and liabilities. Marriage is a special contract also because it is
the obligation of the corporation is not the obligation of the stockholders, and vice versa vested with public interest. Marriage is an institution in the maintenance of which in its purity the
public is deeply interested for it is the foundation of the family and of society – without which there
would be neither civilization nor progress
Article 47. Upon the dissolution of corporations, institutions and other entities for public
● It is the characteristic of permanence therefore that distinguishes marriage from a purely
interest or purpose mentioned in No. 2 of article 44, their property and other assets shall be
consensual transaction. Unlike ordinary contracts which may be terminated or rescinded by the
disposed of in pursuance of law or the charter creating them. If nothing has been specified on
parties upon mutual agreement, marriage can only be severed by death, annulment or
this point, the property and other assets shall be applied to similar purposes for the benefit of
declaration of nullity.
the region, province, city or municipality which during the existence of the institution derived
● Marriage as a special contract cannot be restricted by discriminatory policies of private individuals
the principal benefits from the same. (39a)
or corporations
Mail-Order Bride
Dissolution ● A woman who lists herself in catalogs and is selected by a man for marriage. The more affluent
● Dissolution of private corporations is governed by the Corporation Code (Title IV) man then pays for the travel fees of the woman he selected for her to come to him and get
● Dissolution of corporations of public interests or purposes created by a charter are governed by married.
their charters; in the absence of provisions on dissolution in their charters, the Corporation Code ● It is a criminal offense for any person, natural or juridical, to commit, indirectly or directly, any of
governs the following acts:
● Dissolution of partnerships is governed by the Civil Code (Title IX, Chapter 3) 1. To establish a business which has for its purpose the matching of Filipino women for
marriage to foreign nationals either on a mail-order basis or through personal introduction
- To advertise, print, publish or distribute material related to said acts
Other Notes / Review
- To use the postal service to promote the said acts
2. To solicit or enlist Filipino women to become members of a club or association that aims
● Juridical Capacity: the fitness to be the subject of legal relations Inherent; acquired upon the birth to match women for marriage to foreign nationals either by mail-order basis or through
of a person personal introduction for a fee
● Capacity to Act: the power to do acts with legal effect Not inherent; it is attained or conferred and Prohibition Against Child Marriage
can be lost not only by death but by any valid cause provided by law ● R.A. No. 11596
● 2 Kinds of Persons: Natural (human beings) and Juridical (artificial beings; state, political ● Child marriage is void ab initio
subdivisions, corporations)

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● Child: refers to any human being under 18 years of age, or any person 18 years of age or over - In cases where a company provides policies that require employees to resign if they get
who is unable to fully take care of and protect oneself from abuse, neglect, exploitation due to a married, the Court held that this was illegal as it fails to provide a legitimate business
physical or mental disability or condition concern, especially if the only premise they have is that employees married to each other
● Child marriage: refers to any marriage entered into where one or both parties are children, and will be less efficient in the workplace.
solemnized in any civil or church proceedings. Extensive Legal Effects of Marriage
● Guardians: relatives or individuals taking custody of a child in the absence of the parents. Can ● Criminal law: condonation, forgiveness of spouses exempt the offender from criminal liability
also refer to persons juridically appointed by a competent court as guardians ● Taxation: filing of income tax returns is filed together by married couples, benefits received by a
● Parents: biological or adoptive spouse from SSS and GSIS are excluded from the gross income of individuals
● Solemnizing officer: any person authorized to officiate a marriage ● Labor: dependents/legitimate spouses are entitled to compensation from the state insurance fund
Marriage Between Rapist and Rape Victim in case of the death or disability of the employee, the legal spouse is always included in the list of
● A subsequent valid marriage of the offender and the offended party in a crime of rape dependents, benefits of OFWs are extended to the spouse
extinguishes the criminal action or the penalty imposed for rape. ● Rules of Court: spouses may not be compelled to testify for or against each other during their
● In case the victim is already married and it is the legal husband who is the offender, the marriage
forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty ● Others: visitation rights granted to legal spouses of those detained, spouses of retired
- provided that the crime shall not be extinguished or the penalty shall not be abated if the personnel/commissioners receive all retirement benefits that the deceased retiree was receiving
marriage is void ab initio at the time of his/her demise
● Concubinage and adultery cannot be prosecuted when the offended spouse has pardoned the
offenders or has consented to the offense
Civil Code (1950) Family Code (1988)
Marriage as a Status
● Marriage creates a social status between the contracting parties. Marriage is one of the cases of Marriage between step-brother and step-sister is Marriage between step-brother and step-sister is
double status - one is married to somebody else. void not prohibited
● Annulment cannot prosper in cases where the parties agreed that the civil marriage is not binding
until after the celebration of a religious marriage ceremony because the law does not recognize Marrying ages were 16 years old for males, and Marrying age is 18 for both male and female
privately imposed conditions that would alter marriage status. Also, the law does not provide 14 years old for females
religious ceremony as a requirement for a marriage to be valid. The authority of the solemnizing officer was A marriage that is not void when either or both of
Marriage as a Right absolute, & good faith of the parties in said the contracting parties believed in good faith that
● Constitutional protection authority is irrelevant the solemnizing officer had the authority to
- Marriage is a relationship of highest importance: Art. 2 Section 12 provides that the State solemnize their marriage
recognizes the sanctity of family life and shall protect and strengthen the family as a
basic social institution Those living together as husband & wife could Those living together as husband & wife could
marry without a marriage license if they suffered marry without a marriage license if they lived
- The State recognizes the family as the foundation of the nation, its inviolability and how it
from no legal impediment to their marriage for the together for a 5-year period & suffered no legal
should be protected by the State entire 5-year period impediment at the time of the marriage
● Right to marriage is also regarded as within the ambit of the constitutional right of association
- Once married, the couple also has right to privacy, free from unwarranted interference There is no stipulation in the Civil Code a void A subsequent marriage is void if the former
- Right to privacy: encompasses the right to protect a person’s intimacy, identity, name, subsequent marriage due to failure to liquidate spouses fail to liquidate their property after the
gender, honor, dignity, appearance, feelings and sexual orientation without surveillance or properties of a previous marriage finality of a nullity decree
interference
Mistake in identity was an instance of fraud that Mistake in identity makes a marriage void ab initio
● In cases where employers formulate contracts against marriage made the marriage annullable
- Doctrine of management prerogative: gives an employer the right to “regulate according
to his own discretion and judgment, all aspects of employment, including hiring, work Default property regime is the conjugal property of Default property regime is absolute community of
assignments, working methods, the time, place and manner of work, work supervision, gains property
transfer of employees, lay-off of workers, and discipline, dismissal, and recall of
employees”
- In cases where companies require employees to resign when they are found to be in a
relationship / have close affinities with employees from another competing company, the
court held that this is not in violation of the equal protection clause because the
stipulation is valid – such circumstances might compromise the integrity of the company
and how the competitor company might gain access to its secrets and procedures

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Legal Capacity
Article 2. No marriage shall be valid, unless these essential requisites are present:
● The marrying age is 18 years old and above
1. Legal capacity of the contracting parties who must be a male and a female; and
● If any of the parties is below 18 years of age, the marriage is void, even if parental consent was
2. Consent freely given in the presence of the solemnizing officer. (53a)
obtained
Child Marriage
Article 3. The formal requisites of marriage are:
● Child marriage refers to any marriage entered into where one or both parties are children, and
1. Authority of the solemnizing officer;
solemnized in any civil or church proceedings
2. A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
● This is void ab initio
3. A marriage ceremony which takes place with the appearance of the contracting parties
Contracting Parties
before the solemnizing officer and their personal declaration that they take each other
● The law explicitly provides that the contracting parties must be between a male and a female
as husband and wife in the presence of not less than two witnesses of legal age. (53a,
● In Silverio vs. Republic, the SC ruled that the sex must be determined at the time of his/her birth.
55a)
There is no law legally recognizing gender sex reassignment surgery
● In Republic vs. Cagandahan where the respondent was found to have Congenital Adrenal
Article 4. The absence of any of the essential or formal requisites shall render the marriage void
Hyperplasia (CAH), the SC considered the person as an intersex individual and granted the
ab initio, except as stated in Article 35 (2).
preference of the person to be considered male
A defect in any of the essential requisites shall render the marriage voidable as provided in
Consent
Article 45.
● Requirements
An irregularity in the formal requisites shall not affect the validity of the marriage but the
1. Must be freely given
party or parties responsible for the irregularity shall be civilly, criminally and administratively
2. Must be made in the presence of a solemnizing officer
liable. (n)
● Total absence of consent makes the marriage void ab initio; meanwhile, consent in marriage that
is obtained through fraud, intimidation makes the marriage annullable or voidable
Article 5. Any male or female of the age of eighteen years or upwards not under any of the
Authority of the Solemnizing Officer – Refer to Article 7 of the Family Code
impediments mentioned in Articles 37 and 38, may contract marriage. (54a)
Valid Marriage License
● Must be issued by the LCR of the place where the marriage application was filed
Article 6. No prescribed form or religious rite for the solemnization of the marriage is required. It
● Once issued, the license is valid for only 120 days from the date of issue and is effective in any
shall be necessary, however, for the contracting parties to appear personally before the
part of the country
solemnizing officer and declare in the presence of not less than two witnesses of legal age that
● If the marriage license is issued in a place wherein the contracting parties do not reside, and a
they take each other as husband and wife. This declaration shall be contained in the marriage
marriage is performed on the basis of such marriage license, the marriage is still valid
certificate which shall be signed by the contracting parties and their witnesses and attested by
Marriage Ceremony
the solemnizing officer.
● The Family Code only recognizes ceremonial marriages: marriages that are solemnized by
In case of a marriage in articulo mortis, when the party at the point of death is unable to
persons duly authorized by the state
sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage to
Witnesses in a Marriage Ceremony
write the name of said party, which fact shall be attested by the solemnizing officer. (55a)
● There should be two witnesses of legal age in a marriage ceremony
● It is not necessary for the two witnesses to be immediate family members of the contracting
What are Void Marriages? (Article 35) parties; what is required is that they are of legal age
● The following marriages shall be void from the beginning: Common Law Marriages
1. Those contracted by any party below eighteen years of age even with the consent of ● Not recognized in the Philippines
parents or guardians; ● Common law marriage refers to a non-ceremonial or informal marriage by agreement, entered
2. Those solemnized by any person not legally authorized to perform marriages unless such into by a man and a woman having capacity to marry, ordinarily without compliance with such
marriages were contracted with either or both parties believing in good faith that the statutory formalities as those pertaining to marriage licenses
solemnizing officer had the legal authority to do so; ● Common law marriages recognized in England and the United States are not recognized in the
3. Those solemnized without license, except those covered the preceding Chapter; Philippines
4. Those bigamous or polygamous marriages not failing under Article 41; Absences, Defects, Irregularities
5. Those contracted through mistake of one contracting party as to the identity of the other; ● Marriages in jest are void since there is an absence of consent
and ● Marriage by Proxy is initially void due to the absence of the essential requisite that is consent that
6. Those subsequent marriages that are void under Article 53. is freely given in the presence of the solemnizing officer. However, there are exceptions, which
- Art. 53: Either of the former spouses may marry again after compliance with the means that the absence of a marriage license does not affect the validity of the marriage if it falls
requirements of the immediately preceding Article; otherwise, the subsequent under the following circumstances: Marriages of Exceptional Character/Exceptions (Chapter 2 -
marriage shall be null and void. Articles 27-34):

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1. Marriages in articulo mortis Solemnizing Authorities

2. Marriages of 2 contracting parties living in places where there is no means of ● The state’s consent, being an interested party, is essential to every marriage. State consent is
transportation for them to appear personally at the local civil registrar manifested by the people granted by the state the authority to solemnize marriages
3. Marriages among Muslims and other ethnic minorities in accordance with their practices Judges
4. Marriages of couples w/o any impediment to get married who are living together as ● Can solemnize marriages only within their courts’ jurisdiction
husband and wife for at least 5 years ● The judges must be incumbent and not retired
● Defects in the essential requisites of marriage are merely annullable/voidable. What are these ● If the marriage is solemnized by a judge beyond his jurisdiction, then there is an absence of a
defects? (Article 45) formal requisite of marriage which is the authority of the solemnizing officer.
1. That the party in whose behalf it is sought to have the marriage annulled was eighteen - This makes the marriage void UNLESS either of the parties believe in good faith that the
years of age or over but below twenty-one, and the marriage was solemnized without the solemnizing officer has authority to conduct the marriage
consent of the parents, guardian or person having substitute parental authority over the Priest, Rabbi, Imam
party, in that order, unless after attaining the age of twenty-one, such party freely ● Requirements
cohabited with the other and both lived together as husband and wife; 1. Must be duly authorized by his or her church or religious sect
2. That either party was of unsound mind, unless such party after coming to reason, freely 2. Must act within the limits of the written authority granted to him or her by the church or
cohabited with the other as husband and wife; religious sect
3. That the consent of either party was obtained by fraud, unless such party afterwards, with 3. Must be registered with the civil registrar general
full knowledge of the facts constituting the fraud, freely cohabited with the other as 4. Either of the contracting parties belongs to his or her church or religious sect
husband and wife; Ship Captain and Airplane Chief
4. That the consent of either party was obtained by force, intimidation or undue influence, ● Requirements
unless the same having disappeared or ceased, such party thereafter freely cohabited 1. The marriage must be in articulo mortis
with the other as husband and wife; 2. The marriage must be between passengers or crew members
5. That either party was physically incapable of consummating the marriage with the other, 3. The ship must be at sea or the plane must be in flight
and such incapacity continues and appears to be incurable; or ● Assistant pilots cannot solemnize marriages; there is no law allowing assumption of authority for
6. That either party was afflicted with a sexually-transmissible disease found to be serious the purpose of solemnizing marriages
and appears to be incurable. (85a) Military Commander
● Irregularities in the formal requisites of marriage do not render the marriage voidable or ● Requirements
annullable 1. Must be a military commander of a unit
● Examples of irregularities 2. Must be a commissioned officer
1. Absence of 2 witnesses of legal age 3. A chaplain must be assigned to such unit
2. Absence of marriage certificate 4. The said chaplain must be absent at the time of the marriage
3. Issuance of marriage license in a place that is not the residence of either of the 5. The marriage must be in articulo mortis
contracting parties 6. The contracting parties, whether members of the armed forces or civilians, must be within
4. Failure to undergo marriage counseling the zone of military operation
5. Failure of the LCR to post the required notices Consul General, Consul or Vice Consul
6. Failure of the solemnizing officer to send copies of the marriage certificate to the LCR ● Can solemnize a marriage abroad only when the contracting parties are both Filipino citizens
● They also perform the duties of the LCR, such as the issuance of a marriage license
● Marriages between a Filipino and a foreigner abroad that is solemnized by a Philippine consul is
Article 7. Marriage may be solemnized by:
void because the authority of consuls to solemnize marriages is only limited to Filipino citizens
1. Any incumbent member of the judiciary within the court’s jurisdiction;
Mayor
2. Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by
● Can solemnize marriages anywhere in the country
his church or religious sect and registered with the civil registrar general, acting within
● In the absence of the mayor, the vice mayor can solemnize a marriage
the limits of the written authority granted by his church or religious sect and provided
that at least one of the contracting parties belongs to the solemnizing officer’s church or
religious sect; Article 8. The marriage shall be solemnized publicly in the chambers of the judge or in open
3. Any ship captain or airplane chief only in the case mentioned in Article 31; court, in the church, chapel or temple, or in the office the consul-general, consul or vice-consul,
4. Any military commander of a unit to which a chaplain is assigned, in the absence of the as the case may be, and not elsewhere, except in cases of marriages contracted on the point of
latter, during a military operation, likewise only in the cases mentioned in Article 32; death or in remote places in accordance with Article 29 of this Code, or where both of the
5. Any consul-general, consul or vice-consul in the case provided in Article 10. (56a) parties request the solemnizing officer in writing in which case the marriage may be solemnized
at a house or place designated by them in a sworn statement to that effect. (57a)

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Venue ● Once signed and sworn by the parties and thereafter filed, the LCR shall accept and process the
● This provision is directory; its non-observance will not invalidate a marriage but can subject a issuance of the marriage license
person who causes the violation to civil, criminal, or administrative liability ● If the LCR has knowledge of legal impediments, they cannot discontinue the processing of the
application; they must only note it down and issue the marriage license unless otherwise stopped
by the court
Article 9. A marriage license shall be issued by the local civil registrar of the city or municipality
where either contracting party habitually resides, except in marriages where no license is
required in accordance with Chapter 2 of this Title. (58a) Article 12. The local civil registrar, upon receiving such application, shall require the
presentation of the original birth certificates or, in default thereof, the baptismal certificates of
the contracting parties or copies of such documents duly attested by the persons having
Place of Issue
custody of the originals. These certificates or certified copies of the documents by this Article
● The contracting parties must obtain a marriage license from the LCR of the city or municipality
need not be sworn to and shall be exempt from the documentary stamp tax. The signature and
where either of them resides
official title of the person issuing the certificate shall be sufficient proof of its authenticity.
● If the contracting parties obtain a marriage license in a place other than their residence, it is
If either of the contracting parties is unable to produce his birth or baptismal certificate
merely an irregularity and will not render the marriage void
or a certified copy of either because of the destruction or loss of the original or if it is shown by
R.A. No. 10354
an affidavit of such party or of any other person that such birth or baptismal certificate has not
● Provides that “no marriage license shall be issued by the LCR unless the applicants present a
yet been received though the same has been required of the person having custody thereof at
Certificate of Compliance issued for free by the local Family Planning Office certifying that they
least fifteen days prior to the date of the application, such party may furnish in lieu thereof his
had duly received adequate instructions and information on responsible parenthood, family
current residence certificate or an instrument drawn up and sworn to before the local civil
planning, breastfeeding and infant nutrition”
registrar concerned or any public official authorized to administer oaths. Such instrument shall
contain the sworn declaration of two witnesses of lawful age, setting forth the full name,
Article 10. Marriages between Filipino citizens abroad may be solemnized by a consul-general, residence and citizenship of such contracting party and of his or her parents, if known, and the
consul or vice-consul of the Republic of the Philippines. The issuance of the marriage license place and date of birth of such party. The nearest of kin of the contracting parties shall be
and the duties of the local civil registrar and of the solemnizing officer with regard to the preferred as witnesses, or, in their default, persons of good reputation in the province or the
celebration of marriage shall be performed by said consular official. (75a) locality.
The presentation of birth or baptismal certificate shall not be required if the parents of
the contracting parties appear personally before the local civil registrar concerned and swear to
Article 11. Where a marriage license is required, each of the contracting parties shall file the correctness of the lawful age of said parties, as stated in the application, or when the local
separately a sworn application for such license with the proper local civil registrar which shall civil registrar shall, by merely looking at the applicants upon their personally appearing before
specify the following: him, be convinced that either or both of them have the required age. (60a)
1. Full name of the contracting party;
2. Place of birth; Article 13. In case either of the contracting parties has been previously married, the applicant
3. Age and date of birth; shall be required to furnish, instead of the birth or baptismal certificate required in the last
4. Civil status; preceding article, the death certificate of the deceased spouse or the judicial decree of the
5. If previously married, how, when and where the previous marriage was dissolved or absolute divorce, or the judicial decree of annulment or declaration of nullity of his or her
annulled; previous marriage.
6. Present residence and citizenship; In case the death certificate cannot be secured, the party shall make an affidavit setting
7. Degree of relationship of the contracting parties; forth this circumstance and his or her actual civil status and the name and date of death of the
8. Full name, residence and citizenship of the father; deceased spouse. (61a)
9. Full name, residence and citizenship of the mother; and
10. Full name, residence and citizenship of the guardian or person having charge, in case Article 14. In case either or both of the contracting parties, not having been emancipated by a
the contracting party has neither father nor mother and is under the age of twenty-one previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to
years. the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their
The applicants, their parents or guardians shall not be required to exhibit their residence marriage of their father, mother, surviving parent or guardian, or persons having legal charge of
certificates in any formality in connection with the securing of the marriage license. (59a) them, in the order mentioned. Such consent shall be manifested in writing by the interested
party, who personally appears before the proper local civil registrar, or in the form of an affidavit
Marriage Application made in the presence of two witnesses and attested before any official authorized by law to
● Can be obtained by anyone administer oaths. The personal manifestation shall be recorded in both applications for

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marriage license, and the affidavit, if one is executed instead, shall be attached to said
Duty of the Local Civil Registrar
applications. (61a)
● After the marriage application has been filled up and submitted to the LCR, the LCR shall post a
notice to inform everybody of the impending marriage. This shall be posted for 10 consecutive
Parental Consent days on a bulletin board outside the office of the LCR, located in a conspicuous place within the
● Parental consent must be obtained if any of the contracting parties, not being emancipated by a building and accessible to the public
previous marriage, is at least 18 and above but below 21, before a marriage license can be ● The notice shall request all persons having knowledge of any legal impediment to inform the LCR
issued
- Denotes that the said contracting parties may not be licensed to marry upon their own
Article 18. In case of any impediment known to the local civil registrar or brought to his
consent alone, but that the consent of their parents must be added thereto; the lack of
attention, he shall note down the particulars thereof and his findings thereon in the application
such consent does not affect the validity of a marriage, but only subjects those who have
for marriage license, but shall nonetheless issue said license after the completion of the period
neglected to acquire it to the penalties of the law
of publication, unless ordered otherwise by a competent court at his own instance or that of any
● Preference is given to the father to give consent; if he cannot give consent, the mother, surviving
interest party. No filing fee shall be charged for the petition nor a corresponding bond required
parent or legal guardian may do so
for the issuances of the order. (64a)

Article 15. Any contracting party between the age of twenty-one and twenty-five shall be obliged Article 19. The local civil registrar shall require the payment of the fees prescribed by law or
to ask their parents or guardian for advice upon the intended marriage. If they do not obtain regulations before the issuance of the marriage license. No other sum shall be collected in the
such advice, or if it be unfavorable, the marriage license shall not be issued till after three nature of a fee or tax of any kind for the issuance of said license. It shall, however, be issued
months following the completion of the publication of the application therefor. A sworn free of charge to indigent parties, that is those who have no visible means of income or whose
statement by the contracting parties to the effect that such advice has been sought, together income is insufficient for their subsistence a fact established by their affidavit, or by their oath
with the written advice given, if any, shall be attached to the application for marriage license. before the local civil registrar. (65a)
Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn
statement. (62a)
Investigative Power of Local Civil Registrar and Court Intervention
● In case the LCR is informed of any legal impediment, they shall merely note it down on the
Article 16. In the cases where parental consent or parental advice is needed, the party or parties
application for a marriage license.
concerned shall, in addition to the requirements of the preceding articles, attach a certificate
● They are not duty bound to issue the license after payment of fees unless exempted due to
issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this
indigence
Code or a marriage counselor duly accredited by the proper government agency to the effect
● Only court intervention directing the non-issuance of the marriage license can empower the LCR
that the contracting parties have undergone marriage counseling. Failure to attach said
to validly refuse to issue the license
certificates of marriage counseling shall suspend the issuance of the marriage license for a
period of three months from the completion of the publication of the application. Issuance of
the marriage license within the prohibited period shall subject the issuing officer to Article 20. The license shall be valid in any part of the Philippines for a period of one hundred
administrative sanctions but shall not affect the validity of the marriage. twenty days from the date of issue, and shall be deemed automatically canceled at the
Should only one of the contracting parties need parental consent or parental advice, the expiration of the said period if the contracting parties have not made use of it. The expiry date
other party must be present at the counseling referred to in the preceding paragraph. (n) shall be stamped in bold characters on the face of every license issued. (65a)

Article 21. When either or both of the contracting parties are citizens of a foreign country, it
Parental Advice
shall be necessary for them before a marriage license can be obtained, to submit a certificate of
● Absence of which does not affect the validity of marriage nor does it make the marriage
legal capacity to contract marriage, issued by their respective diplomatic or consular officials.
annullable
Stateless persons or refugees from other countries shall, in lieu of the certificate of legal
capacity herein required, submit an affidavit stating the circumstances showing such capacity
Article 17. The local civil registrar shall prepare a notice which shall contain the full names and to contract marriage. (66a)
residences of the applicants for a marriage license and other data given in the applications. The
notice shall be posted for ten consecutive days on a bulletin board outside the office of the
Certificate or Affidavit of Legal Capacity
local civil registrar located in a conspicuous place within the building and accessible to the
● Foreigners may contract marriage in the Philippines
general public. This notice shall request all persons having knowledge of any impediment to the
● They should obtain a marriage license in the Philippines, but they should first submit a certificate
marriage to advise the local civil registrar thereof. The marriage license shall be issued after the
of legal capacity
completion of the period of publication. (63a)

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● They may also opt to have their marriage solemnized by their country’s consul-general officially 7. Testimony by the parties or the witnesses to the marriage, or by the person who
assigned here in the Philippines; in this case, they do not need to procure a marriage license in solemnized the marriage
the Philippines if their country’s laws allow the same. Their marriage is recognized in the ● Not admissible: passports, a marriage certificate made many years after the marriage especially
Philippines. when there are no official records, residence certificates, documents of similar nature
Declaratory Relief
● Declaratory relief can be brought by any person interested under a deed, will, contract or other
Article 22. The marriage certificate, in which the parties shall declare that they take each other
written instrument or whose rights are affected by a statute, executive order, regulation, ordinance
as husband and wife, shall also state:
or other governmental regulation for the purpose of determining any question of construction or
1. The full name, sex and age of each contracting party;
validity arising therefrom, and for a declaration of his or her rights or duties thereunder, provided
2. Their citizenship, religion and habitual residence;
that the action is brought before any violation or breach
3. The date and precise time of the celebration of the marriage;
4. That the proper marriage license has been issued according to law, except in marriage
provided for in Chapter 2 of this Title; Article 24. It shall be the duty of the local civil registrar to prepare the documents required by
5. That either or both of the contracting parties have secured the parental consent in this Title, and to administer oaths to all interested parties without any charge in both cases. The
appropriate cases; documents and affidavits filed in connection with applications for marriage licenses shall be
6. That either or both of the contracting parties have complied with the legal requirement exempt from documentary stamp tax. (n)
regarding parental advice in appropriate cases; and
7. That the parties have entered into marriage settlement, if any, attaching a copy thereof. Article 25. The local civil registrar concerned shall enter all applications for marriage licenses
(67a) filed with him in a registry book strictly in the order in which the same are received. He shall
record in said book the names of the applicants, the date on which the marriage license was
Article 23. It shall be the duty of the person solemnizing the marriage to furnish either of the issued, and such other data as may be necessary. (n)
contracting parties the original of the marriage certificate referred to in Article 6 and to send the
duplicate and triplicate copies of the certificate not later than fifteen days after the marriage, to
Effect of Duty of Local Civil Registrar
the local civil registrar of the place where the marriage was solemnized. Proper receipts shall be
● LCR is the specific government official charged with the preparation & keeping of all official
issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage
documents in connection with marriage
certificate. The solemnizing officer shall retain in his file the quadruplicate copy of the marriage
● Any certification issued by him is given high probative value
certificate, the copy of the marriage certificate, the original of the marriage license and, in
Marriage Register
proper cases, the affidavit of the contracting party regarding the solemnization of the marriage
● The office of the LCR keeps a marriage register of all persons married in its locality
in place other than those mentioned in Article 8. (68a)
● The marriage register have the following: the name and address of each of the contracting
parties, age, place, date of the solemnization, the names and addresses of the witnesses, the full
Presumption of Marriage name, address & relationship with the contracting party of the person who gave their consent, the
● A man and a woman deporting themselves as husband and wife and have entered into a lawful full name, title and address of the person who solemnized the marriage (Section 7, Civil Registry
contract of marriage is a presumption which is considered satisfactory if uncontradicted Law)
- May be contradicted and overcome by evidence
● Every intendment leans towards legalizing matrimony as it is the basis of human society
Article 26. All marriages solemnized outside the Philippines, in accordance with the laws in
Proof of Marriage
force in the country where they were solemnized, and valid there as such, shall also be valid in
● The best evidence of marriage is the marriage contract or marriage certificate
this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)
● A mere photocopy of a marriage certificate is worthless unless such copy emanated from the
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce
Office of the LCR & is duly certified by the LCR as an authentic copy of the records in his office
is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the
(admissible as evidence)
Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive
● A marriage certificate made many years after the marriage is inadmissible
Order 227)
● Other admissible documents to prove marriage
1. Baptismal certificates
2. Public and open cohabitation A Matter of International Comity
3. Birth certificates ● Marriages without a license solemnized abroad, and proxy marriages abroad shall be valid in the
4. Juridical decisions Philippines if the marriages are valid in accordance with the laws in force in the country where
5. Solemn statement in the will of a deceased they are solemnized
6. Parole evidence - Exception: If either or both of the contracting parties are Filipinos who are below 18 years
of age (Art. 15)

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● Common law marriages obtained by Filipinos abroad are not recognized in the PH - Philippine courts should, by default, recognize the foreign judgment as part of the comity
● Same-sex marriages are not recognized in the PH of nations. Rule 39 of the ROC states that the foreign judgment is already presumptive
Absolute Divorce evidence of a right between the parties
● Generally, absolute divorce between two Filipino citizens is not recognized in the PH
- However, if one of the parties contracts foreign citizenship during their marriage and files CHAPTER 2
for divorce, the divorce will be valid. What matters is the citizenship of the party when the MARRIAGES EXEMPTED FROM MARRIAGE LICENSE
divorce was initiated/obtained
- Republic vs. Manalo: foreign divorce can be recognized regardless of who initiates the
Article 27. In case either or both of the contracting parties are at the point of death, the marriage
divorce proceedings. It only requires that there be a divorce validly obtained abroad.
may be solemnized without necessity of a marriage license and shall remain valid even if the
● Republic vs. Orbecido (old doctrine)
ailing party subsequently survives. (72a)
- The reckoning point is not the citizenship of the parties at the time of the celebration of
the marriage but their citizenship at the time a valid divorce is obtained abroad by the
Article 28. If the residence of either party is so located that there is no means of transportation
alien spouse, capacitating the latter to remarry
to enable such party to appear personally before the local civil registrar, the marriage may be
1. There is a valid marriage that has been celebrated between a Filipino and a
solemnized without the necessity of a marriage license. (72a)
foreigner
2. A valid divorce was obtained abroad by the alien spouse, capacitating him or her
Article 29. In the cases provided for in the two preceding articles, the solemnizing officer shall
to remarry
state in an affidavit executed before the local civil registrar or any other person legally
● Requirements for a divorce to be recognized in the PH (Republic vs. Manalo)
authorized to administer oaths that the marriage was performed in articulo mortis or that the
1. There is a mixed marriage between a Filipino and an alien who got married in the
residence of either party, specifying the barrio or barangay, is so located that there is no means
Philippines
of transportation to enable such party to appear personally before the local civil registrar and
2. The divorce was validly obtained abroad
that the officer took the necessary steps to ascertain the ages and relationship of the
3. The divorce was obtained by either the alien spouse, the Filipino spouse, or both
contracting parties and the absence of legal impediment to the marriage. (72a)
How to Prove Foreign Divorce
● In Fujiki vs. Marinay, any person interested in any act, event, order or decree concerning the civil
Article 30. The original of the affidavit required in the last preceding article, together with the
status of persons which has been recorded in the civil register CAN invoke the foreign divorce in
legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to
PH jurisdiction
the local civil registrar of the municipality where it was performed within the period of thirty
● Our courts do not take judicial notice of foreign laws. Foreign judgment must be proven as a fact.
days after the performance of the marriage. (75a)
How?
- Obtain a copy of the foreign judgment or foreign divorce decree (with translations, if
Article 31. A marriage in articulo mortis between passengers or crew members may also be
needed) through an official publication or a certification or copy attested by the officer
solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane
who has custody of the judgment.
is in flight, but also during stopovers at ports of call. (74a)
- If the office which has custody is in a foreign country, the certification may be made by
Article 32. A military commander of a unit, who is a commissioned officer, shall likewise have
the proper diplomatic or consular officer of the Philippine foreign service abroad
authority to solemnize marriages in articulo mortis between persons within the zone of military
- The domestic law of the alien capacitor him or her to remarry may also be submitted (with
operation, whether members of the armed forces or civilians. (74a)
translations, if needed)
Article 33. Marriages among Muslims or among members of the ethnic cultural communities
● What action should be filed?
may be performed validly without the necessity of marriage license, provided they are
- It may be made in a special proceeding for cancellation or correction of entries in the civil
solemnized in accordance with their customs, rites or practices. (78a)
registry
● What can courts do?
Article 34. No license shall be necessary for the marriage of a man and a woman who have lived
- In recognizing foreign judgment, PH courts are incompetent to substitute their judgment
together as husband and wife for at least five years and without any legal impediment to marry
on how a case was decided under foreign law. Philippine courts will only determine the
each other. The contracting parties shall state the foregoing facts in an affidavit before any
following:
person authorized by law to administer oaths. The solemnizing officer shall also state under
1. Whether the foreign judgment is inconsistent with an overriding public policy in
oath that he ascertained the qualifications of the contracting parties are found no legal
the Philippines, and
impediment to the marriage. (76a)
2. Whether any alleging party is able to prove an extrinsic ground to repel the
foreign judgment (ex. want of jurisdiction, want of notice to the party, collusion,
fraud, mistake of law or fact) Summary: Marriages of Exceptional Character
● Why is the court’s determination limited? ● The following marriages are exempted from obtaining a marriage license
1. Marriages in articulo mortis

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2. Marriages wherein either of the parties reside in places with no means of transportation 1. The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt
to personally appear at the LCR should be resolved in favor of the existence and continuation of the marriage against its
3. Marriages among Muslims and other cultural ethnic minorities dissolution and nullity
4. Persons who have been cohabiting for at least 5 years, given that they have no legal 2. The root cause of psychological incapacity must be
impediment and have been living together continuously and uninterruptedly a. Medically identified
b. Alleged in the complaint
CHAPTER 3 c. Sufficiently proven by experts
VOID AND VOIDABLE MARRIAGES d. Clearly explained in the decision
3. The incapacity must be proven to be existing at the time of the celebration of the
marriage. Evidence must present that the illness was existing when the parties
Article 35. The following marriages shall be void from the beginning:
exchanged their vows
1. Those contracted by any party below eighteen years of age even with the consent of
4. The incapacity must be medically incurable
parents or guardians;
5. The illness must be grave enough to disable the party to fulfill the essential marital
2. Those solemnized by any person not legally authorized to perform marriages unless
obligations
such marriages were contracted with either or both parties believing in good faith that
- Therefore, mood changes and occasional emotional outbursts are
the solemnizing officer had the legal authority to do so;
inadmissible/cannot be accepted as root causes
3. Those solemnized without license, except those covered the preceding Chapter;
- The illness must show downright incapacity and inability
4. Those bigamous or polygamous marriages not failing under Article 41;
6. The non-complied marital obligations must be stated in the petition, proven by evidence,
5. Those contracted through mistake of one contracting party as to the identity of the
and included in the decision
other; and
7. Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic
6. Those subsequent marriages that are void under Article 53.
Church in the Philippines, while not controlling or decisive, should be given respect by the
courts
Void Marriages Tan-Andal Case
● Void marriages are invalid from its inception; as if the marriage never existed/transpired ● The Court in Tan-Andal has categorically abandoned the Molina guideline requiring that the root
1. Child marriage cause of the psychological incapacity be medically or clinically identified and sufficiently proven
2. Marriages solemnized by a person with no legal authority unless either of the parties by an expert. Psychological incapacity is no longer a medical concept but a legal concept.
believe in good faith that the person has authority to solemnize the marriage Requisites:
3. Marriages solemnized without a marriage license 1. Gravity
4. Bigamous and polygamous marriages 2. Juridical Antecedence
5. Mistake of one contracting party on the identity of the other 3. Incurability
6. Subsequent marriages that are void under Article 53 ● It is a personal condition that prevents a spouse from performing marital obligations in relation to
- Art. 53: Either of the former spouses may marry again after compliance with the a specific person that may exist at the time of marriage but may have revealed through behavior
requirements of the immediately preceding Article; otherwise, the subsequent subsequent to ceremonies
marriage shall be null and void. ● It need not be a mental or personality disorder. It need not be a permanent and incurable
condition. The testimony of a psychologist or psychiatrist is not mandatory in all cases
Article 36. A marriage contracted by any party who, at the time of the celebration, was ● The totality of evidence must show clear and convincing evidence to cause the declaration of
psychologically incapacitated to comply with the essential marital obligations of marriage, shall nullity of marriage
likewise be void even if such incapacity becomes manifest only after its solemnization. (As ● Burden of evidence: plaintiff must prove the case with clear and convincing evidence. This is the
amended by Executive Order 227) quantum of proof that requires more than preponderant evidence but less than proof beyond
reasonable doubt

Psychological Incapacity
● The law does not define what psychological incapacity is; the determination is left solely with the Article 37. Marriages between the following are incestuous and void from the beginning,
courts on a case-to-case basis and psychological incapacity depends on the facts of the case whether relationship between the parties be legitimate or illegitimate:
● Ground for psychological incapacity: incapacity to comply with marital obligations 1. Between ascendants and descendants of any degree; and
● The mental disposition of either of the spouses must be serious enough to the extent that it 2. Between brothers and sisters, whether of the full or half blood. (81a)
prevents them from having a functional and normal marital life
Molina Doctrine Article 38. The following marriages shall be void from the beginning for reasons of public
● The Molina guidelines are as follows: policy:

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● The prevailing doctrine now, as laid out by Article 40, is that there is a need for a judicial
1. Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil
declaration of nullity of a void marriage for purposes of remarriage
degree;
Historical Background of the Need for a Judicial Declaration of Nullity
2. Between step-parents and step-children;
● Prevailing doctrines before the effectivity of the Family Code (August 3, 1988)
3. Between parents-in-law and children-in-law;
4. Between the adopting parent and the adopted child;
5. Between the surviving spouse of the adopting parent and the adopted child; September 28, 1954 – February 28, 1957 SC ruled that there was no need for a judicial
6. Between the surviving spouse of the adopted child and the adopter; (People vs. Mendoza) declaration of nullity of a void marriage for
7. Between an adopted child and a legitimate child of the adopter; (People vs. Aragon) purposes of remarriage
8. Between adopted children of the same adopter; and
9. Between parties where one, with the intention to marry the other, killed that other June 30, 1970 – January 30, 1971 SC changed the rule and pronounced that there
person’s spouse, or his or her own spouse. (82) (Gomez vs. Lipana) was a need for a judicial declaration of nullity of a
(Conseguera vs. Conseguera) void marriage

Collateral Blood and Half-Blood Relatives by Consanguinity June 2, 1977 – May 30, 1983 SC reverted and declared that there was no need
● The Family Code prohibition extends to the collateral blood relatives up to the 4th civil degree (Odayat vs. Amante) for a judicial declaration of nullity of a void
- This includes one’s uncle, aunt, niece, nephew, first cousins (Tolentino vs. Paras) marriage
● However, there is no law stating that marriages between collateral blood relatives by the
half-blood are prohibited August 19, 1986 SC returned to the rule that there was a need for a
(Wiegel vs. Sempio-Diy) judicial declaration of nullity of a void marriage
Relationship by Affinity
● Step-sisters and step-brothers can marry as there is no provision prohibiting such
October 28, 1986 SC again reverted to the rule that there was no
● Article 38: between step-parents and step-children, between parents-in-law and children-in-law need for a judicial declaration of nullity of a void
(Yap vs. Court of Appeals)
Adoptive Relationship marriage
● There is no prohibition against the marriage between an adopted and the illegitimate child of the
adopter August 3, 1988 Article 40: There is a need for a judicial
● The adopter can marry the legitimate, illegitimate or adopted child, the natural parents, and other The Family Code declaration of nullity of a void marriage for
relatives whether by consanguinity or affinity, of the ADOPTED. purposes of remarriage

Article 39. The action or defense for the declaration of absolute nullity of a marriage shall not Examples
prescribe. (As amended by Executive Order 227 and Republic Act No. 8533; The phrase ● Juan married Anna on September 2, 1952. The marriage was void because they had no marriage
“However, in case of marriage celebrated before the effectivity of this Code and falling under license. Without having his marriage with Anna judicially declared null and void, Juan married
Article 36, such action or defense shall prescribe in ten years after this Code shall taken effect” Gina. The following scenarios can happen:
has been deleted by Republic Act No. 8533 [Approved February 23, 1998]). 1. If Juan and Gina got married on March 7, 1960, this subsequent marriage is valid
because the prevailing rule is that there was no need for a judicial declaration of nullity of
a void marriage for purposes of remarriage
Judicial Declaration of Nullity of Marriage
2. If Juan and Gina got married on March 7, 1972, this subsequent marriage is void
● A Judicial Declaration of Nullity of Marriage does not legally dissolve a marriage since such
because the prevailing rule at that time was that there was a need for a judicial
marriage is invalid from inception and therefore, cannot be dissolved
declaration of nullity of a void marriage
● It only declares or confirms the voidness, non-existence, and invalidity of the marriage
Bigamy
● Article 40 does not provide or expressly declare or define that a subsequent void marriage
Article 40. The absolute nullity of a previous marriage may be invoked for purposes of obtained in violation of Article 40 is bigamous. This is precisely because there is no bigamy is the
remarriage on the basis solely of a final judgment declaring such previous marriage void. (n) first marriage is void
● Article 40 merely contemplates a situation where the first marriage is void
● Bigamy involves a situation wherein the first marriage is valid/annullable, not void ab initio
Judicial Declaration of Nullity
● If a marriage between 2 contracting parties is void ab initio, any one of them cannot contract a
valid subsequent marriage without a precious judicial declaration of nullity of the previous void
marriage. A subsequent marriage without such judicial declaration of nullity of the previous void
marriage is in itself void ab initio, in accordance with Article 40.

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 PERSONS AND FAMILY RELATIONS LAW PERSONS AND FAMILY RELATIONS LAW

● If there is no liquidation, but there is a JDPD, the subsequent marriage is valid, but complete
Article 41. A marriage contracted by any person during subsistence of a previous marriage shall
separation of property will apply
be null and void, unless before the celebration of the subsequent marriage, the prior spouse
● If there is liquidation, they can agree to any type of settlement, or the default absolute community
had been absent for four consecutive years and the spouse present has a well-founded belief
property regime
that the absent spouse was already dead.
● If the marriage is void, the rules of co-ownership applies
In case of disappearance where there is danger of death under the circumstances set forth in
● In terms of the succession of the absentee spouse, different periods apply (Art. 391)
the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.
1. Spouse must be absent for 10 years before he is presumed dead for purposes of opening
For the purpose of contracting the subsequent marriage under the preceding paragraph the
his succession
spouse present must institute a summary proceeding as provided in this Code for the
2. If he disappeared after the age of 75, an absence of 5 years shall be sufficient in order
declaration of presumptive death of the absentee, without prejudice to the effect of
that his succession may be opened
reappearance of the absent spouse. (83a)
3. If he disappeared under circumstances with high risk of death, 4 years shall be enough
4. If he turns out to be alive, he shall be entitled to the balance of his estate after payment of
Article 42. The subsequent marriage referred to in the preceding Article shall be automatically
all his debts. The balance may be recovered by motion in the same proceeding
terminated by the recording of the affidavit of reappearance of the absent spouse, unless there
Well-Founded Belief of Death
is a judgment annulling the previous marriage or declaring it void ab initio. A sworn statement
● Under Article 41 of the Family Code, the time required for the presumption has been shortened to
of the fact and circumstances of reappearance shall be recorded in the civil registry of the
4 years; there is also a need for a JDPD for purposes of remarriage ONLY, as this is the best
residence of the parties to the subsequent marriage at the instance of any interested person,
evidence of a JDPD. Also, there is now a stricter standard of “well-founded belief” in the death of
with due notice to the spouses of the subsequent marriage and without prejudice to the fact of
the spouse, versus the previous “general belief”
reappearance being judicially determined in case such fact is disputed. (n)
● In the Civil Code, a JDPD is not necessary
● Well-founded belief refers to the belief of the present spouse that must be the result of proper and
Bigamous Marriage honest to goodness inquiries, and efforts to ascertain the whereabouts of the absent spouse, and
● The general rule is that a marriage contracted during the lifetime of the first spouse is null and whether the absent spouse is still alive or is already dead. It also depends on the circumstances.
void Sworn Statement of Re-appearance
● A person who marries another, knowing that the latter is already married and that his marriage is ● The absentee spouse can easily terminate the new marriage by filing her affidavit of
valid and subsisting, can be prosecuted for bigamy reappearance and recording the same with due notice to the spouses of the subsequent marriage
● Bigamous marriages are void ab initio - Automatic termination by the recording of the affidavit in the civil registry of the residence
● The first marriage shall first be annulled; otherwise, the subsequent marriage is bigamous and of the parties to the subsequent marriage
therefore void - Without filing an affidavit, the subsequent marriage shall not be terminated
● Exception ● Any interested party may file a sworn statement of reappearance; parents, children, present
- A bigamous marriage may be valid if the spouse obtains a judicial declaration of spouse, subsequent spouse, children of subsequent spouse
presumptive death via a summary proceeding in a court of competent jurisdiction ● If the present spouse, or if nobody files a sworn statement, the subsequent marriage will still be
- For remarriage: it must be proven that the previous spouse had been absent for 4 valid. The state will protect the second marriage over the first one.
consecutive years and the present spouse had a well-founded belief that the absent - However, if there is a filing, the state will protect the first marriage
spouse is dead; 2 consecutive years in case of disappearance where there is danger of
death (Article 391)
Article 43. The termination of the subsequent marriage referred to in the preceding Article shall
Termination of Subsequent Marriage
produce the following effects:
● Automatic termination of the subsequent marriage can be obtained by the recording of the
1. The children of the subsequent marriage conceived prior to its termination shall be
affidavit of reappearance of the absent spouse in the civil registry of the resident of the parties of
considered legitimate;
the subsequent marriage pursuant to Article 42
2. The absolute community of property or the conjugal partnership, as the case may be,
- This is the only time a marriage can be terminated extrajudicially
shall be dissolved and liquidated, but if either spouse contracted said marriage in bad
- In case reappearance is disputed (when filed by an interested party), the same shall be
faith, his or her share of the net profits of the community property or conjugal
subject to judicial determination
partnership property shall be forfeited in favor of the common children or, if there are
- If the spouse reappears after the marriage & no one files an affidavit or sworn statement,
none, the children of the guilty spouse by a previous marriage or in default of children,
there will technically be 2 valid marriages, thus a valid “bigamous marriage”
the innocent spouse;
Liquidation of Properties of the First Marriage
3. Donations by reason of marriage shall remain valid, except that if the donee contracted
● After issuance of the judicial declaration of presumptive death (JDPD), the properties of the first
the marriage in bad faith, such donations made to said donee are revoked by operation
marriage should be married using the provisions of Articles 103 & 130 of the Family Code if the
of law;
marriage to be liquidated is in itself valid

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 PERSONS AND FAMILY RELATIONS LAW PERSONS AND FAMILY RELATIONS LAW

4. The innocent spouse may revoke the designation of the other spouse who acted in bad Article 45. A marriage may be annulled for any of the following causes, existing at the time of
faith as beneficiary in any insurance policy, even if such designation be stipulated as the marriage:
irrevocable; and 1. That the party in whose behalf it is sought to have the marriage annulled was eighteen
5. The spouse who contracted the subsequent marriage in bad faith shall be disqualified to years of age or over but below twenty-one, and the marriage was solemnized without the
inherit from the innocent spouse by testate and intestate succession. (n) consent of the parents, guardian or person having substitute parental authority over the
party, in that order, unless after attaining the age of twenty-one, such party freely
Article 44. If both spouses of the subsequent marriage acted in bad faith, said marriage shall be cohabited with the other and both lived together as husband and wife;
void ab initio and all donations by reason of marriage and testamentary dispositions made by 2. That either party was of unsound mind, unless such party after coming to reason, freely
one in favor of the other are revoked by operation of law. (n) cohabited with the other as husband and wife;
3. That the consent of either party was obtained by fraud, unless such party afterwards,
with full knowledge of the facts constituting the fraud, freely cohabited with the other as
Status of Children
husband and wife;
● Children conceived during the subsequent marriage in Article 41 and before termination due to
4. That the consent of either party was obtained by force, intimidation or undue influence,
reappearance of absentee spouse in Article 42 are considered legitimate, as they are conceived
unless the same having disappeared or ceased, such party thereafter freely cohabited
in a valid bigamous marriage
with the other as husband and wife;
● If only one of the spouses act in bad faith is in bad faith, the children are considered legitimate
5. That either party was physically incapable of consummating the marriage with the other,
● When both spouses act in bad faith, the children are illegitimate, as the marriage will be void ab
and such incapacity continues and appears to be incurable; or
initio
6. That either party was afflicted with a sexually-transmissible disease found to be serious
Effect of Termination on the Property Regime
and appears to be incurable. (85a)
● The effect of the termination of the subsequent marriage on the property regime, whether
absolute community or conjugal partnership, is the same
Article 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of
● The property regime shall be dissolved and liquidated
the preceding Article:
● After the payment of all debts & obligations, the spouses shall divide the property equally or in
1. Non-disclosure of a previous conviction by final judgment of the other party of a crime
accordance with the share stipulated in the valid marriage settlement, unless there is a voluntary
involving moral turpitude;
waiver of share by either spouse upon the judicial separation of property
2. Concealment by the wife of the fact that at the time of the marriage, she was pregnant by
● If either of the spouses acted in bad faith, the guilty spouse shall not get his share in the net
a man other than her husband;
profits of the property regime. His share will go to either of the following:
3. Concealment of sexually transmissible disease, regardless of its nature, existing at the
- To the common children; in the absence of such,
time of the marriage; or
- To the children by a previous marriage of the guilty spouse; in the absence of either,
4. Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism
- To the innocent spouse
existing at the time of the marriage.
Donations by Reason of Marriage
No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall
● If both spouses are in good faith, the donation by reason of marriage shall be valid, even in the
constitute such fraud as will give grounds for action for the annulment of marriage. (86a)
event that the subsequent marriage has been terminated
● It shall also be valid even if the donor acted in bad faith in contracting the marriage
Article 47. The action for annulment of marriage must be filed by the following persons and
● If the donee acted in bad faith, the donation is terminated by operation of law
within the periods indicated herein:
● If both parties acted in bad faith, donations are revoked and the marriage is void
1. For causes mentioned in number 1 of Article 45 by the party whose parent or guardian
Designation as Beneficiary in Insurance Policy
did not give his or her consent, within five years after attaining the age of twenty-one, or
● The innocent spouse has the choice of revoking or maintaining as beneficiary the other spouse
by the parent or guardian or person having legal charge of the minor, at any time before
● If the innocent spouse opts to revoke, he can do so even if the designation as beneficiary is
such party has reached the age of twenty-one;
irrevocable
2. For causes mentioned in number 2 of Article 45, by the same spouse, who had no
Marriage Contracted in Bad Faith
knowledge of the other’s insanity; or by any relative or guardian or person having legal
● If only one of the spouses acted in bad faith in contracting the second marriage, the subsequent
charge of the insane, at any time before the death of either party, or by the insane
marriage will still be valid
spouse during a lucid interval or after regaining sanity;
● If both spouses acted in bad faith, the subsequent marriage is void ab initio
3. For causes mentioned in number 3 of Article 45, by the injured party, within five years
● If the present spouse were able to personally know that the absent spouse was in fact alive prior
after the discovery of the fraud;
to the issuance of the JDPD, such present spouse should not be issued such a judicial
4. For causes mentioned in number 4 of Article 45, by the injured party, within five years
declaration
from the time the force, intimidation or undue influence disappeared or ceased;
● Good faith must be present up to the time of the celebration of the marriage

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 PERSONS AND FAMILY RELATIONS LAW PERSONS AND FAMILY RELATIONS LAW

5. For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five Grounds for Annulment Who can file Prescription Period
years after the marriage. (87a)
No parental consent a. Parent or guardian having a. Any time before the “no
legal charge of the “no consent” party reaches age
Annullable Marriage consent” party of 21
● An annullable marriage is the same as a voidable marriage; it is considered valid up to the time it
is terminated b. “No consent” party b. Within 5 years after turning
21
● A void marriage, on the other hand, is invalid from the beginning
● Any ground not provided by law cannot be invoked to annul a marriage Unsound Mind a. Sane spouse without a. At any time before the death
No Parental Consent knowledge of insanity of either party
● People aged 18-21 years old do not yet possess the degree of maturity to comprehend marital
obligations thoroughly b. Relative, guardian, or b. At any time before the death
Unsound Mind person having legal charge of either party
● There must be a derangement of the mind to prevent the party from comprehending the nature of of the insane
c. During lucid interval or after
marriage and from giving free and intelligent consent
c. Insane spouse regaining sanity
● If the mental illness does not affect the marriage, then it cannot be used as a basis for annulment
- Dementia, eccentricity, dullness of mind are not grounds for annulment Fraud Injured party Within 5 years after discovery of
Fraud fraud
● Any act of fraud that is not included in Article 46 cannot be invoked to annul a marriage
1. Non-disclosure of a previous conviction by final judgment of the other party of a crime Vitiated Consent Injured party Within 5 years after the force,
intimidation or undue
involving moral turpitude;
influence has ceased
2. Concealment by the wife of the fact that at the time of the marriage, she was pregnant by
a man other than her husband; Incapability to Consummate or Injured party Within 5 years after the marriage
3. Concealment of sexually transmissible disease, regardless of its nature, existing at the STD ceremony
time of the marriage; or
4. Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism
existing at the time of the marriage. Article 48. In all cases of annulment or declaration of absolute nullity of marriage, the Court
Vitiated Consent: Force, Intimidation, Undue Influence shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to
● Must be proven by preponderance of evidence which may include actuations of the parties take steps to prevent collusion between the parties and to take care that evidence is not
previous to the marriage fabricated or suppressed. In the cases referred to in the preceding paragraph, no judgment
● Cannot be invoked if: shall be based upon a stipulation of facts or confession of judgment. (88a)
1. Both spouses issued affidavits stating they lived together for 5 years as husband & wife
2. More than a year had passed before the spouse came up with the story Article 49. During the pendency of the action and in the absence of adequate provisions in a
3. One of the parties is just trying to escape a bigamy case written agreement between the spouses, the Court shall provide for the support of the spouses
Physical Incapability of Consummating the Marriage and the custody and support of their common children. The Court shall give paramount
● Presumption of potency: impotency of the spouse must be proven consideration to the moral and material welfare of said children and their choice of the parent
● Life threatening illnesses like cancer are not grounds for annulment with whom they wish to remain as provided to in Title IX. It shall also provide for appropriate
Sexually Transmissible Disease visitation rights of the other parent. (n)
● Must be incurable; curable STDs are not grounds for annulment
Procedure in Annulment and Declaration of Nullity Cases
● The procedure is governed by the SC en banc resolution from Mar. 15, 2003
● After a complaint for the annulment or declaration of nullity has been filed with the RTC, the
defendant has 15 days from the receipt of the summons to file an answer, but even if he or she
does not, he or she cannot be declared to be in default. The court will order the fiscal to appear
on behalf of the State and still order the full-blown hearing
- If the judgment is erroneous because of defendant’s neglect, decree will still take effect
- If the defendant answers, the issues of the case are considered joined. Thereafter, the
court shall order the hearing of the case

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 PERSONS AND FAMILY RELATIONS LAW PERSONS AND FAMILY RELATIONS LAW

● If the defending party in an action for annulment/nullity/legal separation fails to answer, the court Nullity Decision Prior to Determination of Other Incidental Issues
shall order the prosecuting attorney to investigate whether there is an existence of collusion ● In an annulment and declaration of nullity case, other issues can be threshed out such as with
between the two parties respect to visitation rights, division of property and custody
- If there is no collusion, the prosecuting attorney shall intervene for the State and check if Support of Spouses and Custody of Children
the evidence is not fabricated ● During the pendency of the suit, support of the spouses and custody of the children shall be
● An annulment suit cannot be terminated by way of compromise agreement; no suspension of the governed by whatever agreement the parties have made with respect to the same
case can be made for discussion of compromise Visitation Rights
● A full-blown hearing is needed; summary proceedings are not allowed ● Even if the custody of the child has been awarded to one parent, the other parent still has the
● Material facts must always be proven right to exercise his or her visitorial rights unless the Court, for some compelling reason, deprives
How to know if the RTC has finalized its decision him or her of this right
1. Certification from OSG that they have not appealed - Children below 7 years of age go to their mother (Art. 213, FC)
2. Go back to the court, obtain the decree - Other kids can choose, unless the parent they choose is unfit
3. Go to the LCR where you filed the case and register the decree, have it annotated
● Non-registration of decree = marriage still exists
Article 50. The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by Article
● Decree = decision of the court is final
44 shall also apply in the proper cases to marriages which are declared ab initio or annulled by
Role of Fiscal and Solicitor General
final judgment under Articles 40 and 45. The final judgment in such cases shall provide for the
● The fiscal or the prosecuting attorney represents the state
liquidation, partition and distribution of the properties of the spouses, the custody and support
- OSG appears as counsel of the state in the capacity of a defensor vinculi (defender of the
of the common children, and the delivery of third presumptive legitimes, unless such matters
marital bond)
had been adjudicated in previous judicial proceedings. All creditors of the spouses as well as of
- OSG may also be required to submit a memorandum
the absolute community or the conjugal partnership shall be notified of the proceedings for
- Ensure that there is no collusion
liquidation. In the partition, the conjugal dwelling and the lot on which it is situated, shall be
- Defend a valid marriage
adjudicated in accordance with the provisions of Articles 102 and 129.
- Expose an invalid marriage
- Determine if the parties colluded or fabricated their evidence to get a nullity or annulment
Article 51. In said partition, the value of the presumptive legitimes of all common children,
Collusion
computed as of the date of the final judgment of the trial court, shall be delivered in cash,
● Occurs where, for purposes of getting an annulment or nullity decree, the parties come up with an
property or sound securities, unless the parties, by mutual agreement judicially approved, had
agreement making it appear that the marriage is defective due to the existence of any of the
already provided for such matters.
grounds for annulment or nullity as provided by law & agree to represent such false or
The children or their guardian or the trustee of their property may ask for the
non-existent cause of action before the court with the objective of facilitating the issuance of the
enforcement of the judgment.
decree
The delivery of the presumptive legitimes herein prescribed shall in no way prejudice
● Even if there is an agreement between the parties to file the case, there is no collusion if the
the ultimate successional rights of the children accruing upon the death of either of both of the
allegations are true
parents; but the value of the properties already received under the decree of annulment or
● The confession of the commission of the offense does not equate to collusion; neither does the
absolute nullity shall be considered as advances on their legitime. (n)
failure to file an answer
● A judge who does not investigate collusion can be held administratively liable
Stipulation of Facts or Confession of Judgment Judgment of Annulment or Nullity of Marriage
● An annulment or nullity decree cannot be issued by the Court on the sole basis of stipulation of ● The judgment of annulment or nullity of marriage shall state the factual and legal basis for its
facts or a confession of judgment dispositive conclusion
● Stipulation of facts: an admission by both parties made in court agreeing to the existence of the ● The Court cannot grant relief which is not based on an allegation in the petition unless opposing
act constituting the ground for annulment or declaration of nullity party does not contest
● Confession of judgment: admission made in court by the respondent or defendant admitting fault - Judgment is void if the decision is not in conformity with the allegations in a pleading; but
as invoked by the plaintiff to sever the marriage ties if it not set aside through a Motion for Reconsideration, it will be effective still
● These prohibitions are tied to the fact that marriage and family are sacred institutions; stresses ● Compromise agreement in resolving the issue of validity of marriage or legal separation is not
that marriage is more than just a mere contract valid
- Exception: if the stipulation of facts or confession of judgment are sufficiently ● Liquidation, partition, and distribution of the properties shall be provided for in the said judgment
corroborated by other independent substantial evidence to support the main ground unless there is a settlement – no need for a separate civil action to be filed
relied upon, then it may warrant an annulment of marriage or the declaration of nullity ● In annulment cases and cases under Article 40, the rules for absolute community property and
conjugal partnership of gains will be followed

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- Conjugal dwelling and lot goes to the spouse with custody of majority of the common Recording in the Civil Registry and Registry of Property
children; however, this is not applicable in void marriages ● Non-compliance with the liquidation and partition requirement may lead to non-issuance of
- In void marriages, the dwelling shall be co-owned equally judicial decree of nullity / annulment of marriage
Entry of Judgment and Decree of Nullity or Annulment ● Observance or non-observance of the requirements of liquidation, partition, distribution and
● The decision will be final upon the expiration of 15 days from receipt of the parties of the decision delivery of presumptive legitimes is crucially material in determining the validity of a subsequent
- Unless there is a motion for reconsideration or an appeal made after the decision marriage, only if the previous marriage has been judicially declared nullified or annulled by law
● Upon finality, the entry of judgment shall be issued Appropriate Civil Registry and Registries of Property
- A decree of absolute nullity of marriage or annulment of marriage shall be issued; this is ● Upon finality of judgment, an entry of judgment and the decree shall be issued, and shall be
the best evidence of nullity or annulment of marriage registered in the LCR where the marriage was recorded and where the Court granting the petition
Presumptive Legitime in Annulment and Declaration of Nullity Cases is located
● Legitime: part of the testator’s property which he cannot dispose of because the law has reserved ● Registration has to also be made in registries of property where the properties are located; if
it for certain heirs who are called compulsory heirs (Article 886 of the Civil Code) there are lots of properties, there has to be a recording in the LCR of each of the locations
● The decree of annulment or nullity of marriage shall also provide that the presumptive legitime of Status of Children
the common children shall be delivered to the same in cash, property or sound securities ● The judicial decision of nullity becomes final after the lapse of 15 days from the receipt of the
- Unless the parties, by mutual agreement that is judicially approved, had already provided parties of the said decision
for such matter
● Presumptive legitime shall be computed as of the date of the final judgment of the RTC and
Children Status
should be delivered in cash, property or sound securities unless the parties, by mutual
agreement that is judicially approved, had already provided for such matter Children conceived and born outside a valid Illegitimate
● The delivery of presumptive legitime shall not prejudice the successional rights of the children marriage
accruing upon the death of either or both of the parents
● In annulment, the presumptive legitime of the children must be delivered to them Children conceived and born inside a void Illegitimate; except as provided for in Article 54 of
● In void marriages, the delivery of presumptive legitime is generally not required to be delivered marriage the Family Code
except in void subsequent marriages resulting from non-observance of Article 40 Children conceived or born inside an annullable or Legitimate
voidable marriage
Article 52. The judgment of annulment or of absolute nullity of the marriage, the partition and
Children conceived and born before the marriage Illegitimate
distribution of the properties of the spouses and the delivery of the children’s presumptive ceremony
legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise,
the same shall not affect third persons. (n) Children conceived at a time when the parents do Legitimate
not suffer any legal impediment to marry each
Article 53. Either of the former spouses may marry again after compliance with the other, and the subsequent valid marriage of such Illegitimate; if the said subsequent marriage is
requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be parents declared void because of psychological incapacity
null and void.
Children conceived or born inside the void Legitimate
marriage due to either of the parents’
Article 54. Children conceived or born before the judgment of annulment or absolute nullity of non-compliance with the requirements under
the marriage under Article 36 has become final and executory shall be considered legitimate. Article 52 and he or she remarries
Children conceived or born of the subsequent marriage under Article 53 shall likewise be
legitimate.
Other Notes / Review

Liquidation and Partition of Properties

● In void marriages, properties shall be liquidated in accordance with the ordinary rules of ● Who can file for nullity of marriages? Only the husband and wife. If they are dead, the heirs may
co-ownership file (Ninal vs. Badayog)
● In voidable marriages, properties shall be liquidated in accordance with the rules of absolute
community property and the conjugal partnership of gains
- If there was a prenuptial agreement providing that separation of property regime
governed the marriage, then there is no need for liquidation and partition

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 PERSONS AND FAMILY RELATIONS LAW PERSONS AND FAMILY RELATIONS LAW

TITLE II – LEGAL SEPARATION Consent

● When either of the spouses agreed to or did not object, despite full knowledge, to the act giving
rise to the ground for legal separation
Article 55. A petition for legal separation may be filed on any of the following grounds:
● Agreement to live separately and that they will not object to the other’s sexual infidelity has been
1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a
declared void but, though void, is an expression of consent (jurisprudence)
common child, or a child of the petitioner;
Connivance
2. Physical violence or moral pressure to compel the petitioner to change religious or
● Denotes direction, influence, personal exertion, or other action with knowledge and belief that
political affiliation;
such action would produce certain results & which results are produced
3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of
● Doctrine of unclean hands provides that one is not legally injured if he consented to the act
the petitioner, to engage in prostitution, or connivance in such corruption or
complained of or was willing that it should occur
inducement;
Recrimination or Equal Guilt
4. Final judgment sentencing the respondent to imprisonment of more than six years, even
● Doctrine of Clean Hands
if pardoned;
● Pari delicto: when 2 parties have acted in bad faith, it is considered as them having acted in good
5. Drug addiction or habitual alcoholism of the respondent;
faith
6. Lesbianism or homosexuality of the respondent;
● In Ong vs. Ong: a husband beats his wife up and wants the dismissal of the legal separation case
7. Contracting by the respondent of a subsequent bigamous marriage, whether in the
that she filed; he claimed that it was she who abandoned him. SC ruled that his abuse was a
Philippines or abroad;
justified cause for her abandonment; thus, the legal separation is possible because no equal guilt
8. Sexual infidelity or perversion;
was involved
9. Attempt by the respondent against the life of the petitioner; or
Collusion
10. Abandonment of petitioner by respondent without justifiable cause for more than one
● Collusion is a corrupt agreement which involves the husband and wife looking to procure legal
year. For purposes of this Article, the term “child” shall include a child by nature or by
separation
adoption. (9a)
● There is an agreement between them for one to commit an act that will lead to legal separation
● The grounds for legal separation, in this case, are fabricated
Legal Separation Prescriptive Period
● A decree of legal separation does not affect the marital status; it does not dissolve the marriage ● Must be filed within 5 years from the occurrence of the cause, not discovery
● Only involves a bed-and-board separation
● Also known as relative divorce
Article 58. An action for legal separation shall in no case be tried before six months shall have
● The grounds for legal separation may or may not exist at the time of the marriage ceremony
elapsed since the filing of the petition. (103)

Article 56. The petition for legal separation shall be denied on any of the following grounds: Article 59. No legal separation may be decreed unless the Court has taken steps toward the
1. Where the aggrieved party has condoned the offense or act complained of; reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is
2. Where the aggrieved party has consented to the commission of the offense or act highly improbable. (n)
complained of;
3. Where there is connivance between the parties in the commission of the offense or act Article 60. No decree of legal separation shall be based upon a stipulation of facts or a
constituting the ground for legal separation; confession of judgment. In any case, the Court shall order the prosecuting attorney or fiscal
4. Where both parties have given ground for legal separation; assigned to it to take steps to prevent collusion between the parties and to take care that the
5. Where there is collusion between the parties to obtain decree of legal separation; or evidence is not fabricated or suppressed. (101a)
6. Where the action is barred by prescription. (100a)
Article 61. After the filing of the petition for legal separation, the spouses shall be entitled to live
Article 57. An action for legal separation shall be filed within five years from the time of the separately from each other. The court, in the absence of a written agreement between the
occurrence of the cause. (102) spouses, shall designate either of them or a third person to administer the absolute community
or conjugal partnership property. The administrator appointed by the court shall have the same
Condonation powers and duties as those of a guardian under the Rules of Court. (104a)
● Refers to the act of forgiving the offense after its commission
● Implies a condition of future good behavior by the offending spouse Article 62. During the pendency of the action for legal separation, the provisions of Article 49
● Condonation of the violation of marital duties and obligations, being conditional on the future of shall likewise apply to the support of the spouses and the custody and support of the common
good conduct of the offending spouse, the subsequent offense on his or her part revokes or children. (105a)
nullifies the condonation and revives the original offense

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 PERSONS AND FAMILY RELATIONS LAW PERSONS AND FAMILY RELATIONS LAW

Procedure - Exceptions: the court can assign children to a third person if the spouses are not fit to
● Governed by SC en banc Resolution A.M. No. 01-11-01-SC take care of them
● Defendant shall be required to answer within 15 days from receipt of summons - The choices of children over 7 years of age shall be considered, unless chosen parent is
- If no reply, fiscal must investigate for collusion unfit
- No defaulting - Children below 7 usually go to mom
● The fiscal must actively participate Intestate and Testate Disqualification
- But when there is a no-holds-barred opposition, Articles 58 and 60 need not apply ● The erring spouse is disqualified from intestate succession of innocent spouse
● No hearing on merits of legal separation will be set by the courts for 6 months ● Provisions in a will made by the innocent spouse will also be revoked by operation of law
- Cooling-off period is a time for contemplation and possible reconciliation; however, child - Article 921 (4) of the Civil Code provides that the spouse can disinherit the other spouse
support, alimony can be heard in court during this time even when there is no final decree for legal separation yet, so long as the guilty spouse
- If the offense is VAWC, the 6-month period can be dispensed has given cause for legal separation
● Failure to observe the 6-month cooling-off period is a ground for setting aside the legal separation - Article 922 of the Civil Code provides that reconciliation between the spouses renders the
case disinheritance from the will ineffectual
● There is no prejudicial question in legal separation cases; criminal and civil suits may proceed
simultaneously
Article 64. After the finality of the decree of legal separation, the innocent spouse may revoke
● Proof by preponderance of evidence
the donations made by him or by her in favor of the offending spouse, as well as the
● Judgment cannot be based on stipulation of facts and confession of judgment; however, this does
designation of the latter as beneficiary in any insurance policy, even if such designation be
not stop the guilty spouse from confessing in court; there just must be supporting evidence
stipulated as irrevocable. The revocation of the donations shall be recorded in the registries of
● In case the legal separation is not granted, the court cannot force the couple to live with one
property in the places where the properties are located. Alienations, liens and encumbrances
another
registered in good faith before the recording of the complaint for revocation in the registries of
● Death of either of the spouses terminates a legal separation case; including the property
property shall be respected. The revocation of or change in the designation of the insurance
separation and maintenance disputes
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
Article 63. The decree of legal separation shall have the following effects: from the time the decree of legal separation become final. (107a)
1. The spouses shall be entitled to live separately from each other, but the marriage bonds
shall not be severed;
Donations and Beneficiary in Insurance
2. The absolute community or the conjugal partnership shall be dissolved and liquidated
● Donations are acts of gratuity and liberality, so the innocent party has the option to revoke the
but the offending spouse shall have no right to any share of the net profits earned by
donation or designation
the absolute community or the conjugal partnership, which shall be forfeited in
● Designation of the guilty spouse as beneficiary is considered revoked after written notification
accordance with the provisions of Article 43(2);
thereof to the insured
3. The custody of the minor children shall be awarded to the innocent spouse, subject to
● The Code Committee intended notice to be given to the insurer, not the insured, but final printing
the provisions of Article 213 of this Code; and
was “insured.” Giving notice to the insurer would have been more practical, so that the insurer
4. The offending spouse shall be disqualified from inheriting from the innocent spouse by
would not accidentally give the money away. Nevertheless, the law says “insured.”
intestate succession.
● For donations: the revocation must be filed within 5 years from the finality of the legal separation
Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse
decree
shall be revoked by operation of law. (106a)
- If it is a void donation, the action shall never prescribe
● Recording must be of the revocation and the recording of the liens, encumbrances, etc.
Effects of the Decree of Legal Separation - If the same thing is sold to different vendees, whoever first takes
● After the lapse of the period to appeal the decision to a higher court, the decree, and property - Possession in good faith owns it if it is movable property
division becomes final - For immovable property, ownership shall belong to the person in good faith who first
● Marriage is not severed; even if the couple lives apart, one can still be criminally charged for registered in the Registry of Property
adultery, concubinage, or bigamy - If there is no inscription, ownership should be awarded to the one who first got the
● Following Article 43 (2), share in the net profit of the absolute conjugal property or conjugal possession, or the person with the oldest title
partnership of gains does not go to the erring spouse; it goes to their common children, the
children of the guilty spouse by previous marriage, or the innocent spouse
● Minor children go to the innocent spouse; the best interest of the child is the standard for
determining custody

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 PERSONS AND FAMILY RELATIONS LAW PERSONS AND FAMILY RELATIONS LAW

other than at the precise moment that the marriage is celebrated is void. Thus, only
Article 65. If the spouses should reconcile, a corresponding joint manifestation under oath duly
revival of property regimes is allowed.
signed by them shall be filed with the court in the same proceeding for legal separation. (n)
2. While Article 66 (2) refers to revival only, it does not expressly prohibit the change of
property regime. However, the new rule cannot allow a change from absolute community
Article 66. The reconciliation referred to in the preceding Articles shall have the following
property to conjugal property of gains and vice versa as there is a substantive rule in
consequences:
Article 88, in relation to Article 107, that these two property regimes can only commence
1. The legal separation proceedings, if still pending, shall thereby be terminated at
at the precise moment that the marriage is celebrated. The change of property regime
whatever stage; and
can be anything other than absolute community property to conjugal property of gains
2. The final decree of legal separation shall be set aside, but the separation of property and
3. Provided there is court approval, the property regime can be changed. This, however,
any forfeiture of the share of the guilty spouse already effected shall subsist, unless the
does not consider provisions of the Family Code
spouses agree to revive their former property regime.
Inheritance
The court’s order containing the foregoing shall be recorded in the proper civil registries. (108a)
● Any disinheritance is rendered ineffectual by reconciliation
● But there is nothing in FC regarding revoked provisions of a will
Article 67. The agreement to revive the former property regime referred to in the preceding
● Thus, the spouses have the option to return the provisions in the will
Article shall be executed under oath and shall specify:
1. The properties to be contributed anew to the restored regime;
2. Those to be retained as separated properties of each spouse; and Other Notes / Review
3. The names of all their known creditors, their addresses and the amounts owing to each.
The agreement of revival and the motion for its approval shall be filed with the court in
the same proceeding for legal separation, with copies of both furnished to the creditors named
therein. After due hearing, the court shall, in its order, take measures 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. (195a, 108a)

Effect of Reconciliation
● When the parties reconcile, they shall file a Joint Manifestation of Reconciliation in court. In this
case, the pending legal separation case will be terminated
● The order containing the termination of the pending case or the setting aside of the decree has to
be recorded in the proper LCR
● However, the separation of properties will still subsist, even after reconciling
- The parties can enter into an agreement approved by the court to return to their old
property regime
- The agreement shall contain a list of which properties will remain separate and which will
be included in the revived property regime
- The creditors must be furnished with the motion seeking for approval of the agreement
- No prejudice to unlisted creditors also, unless the debtor-spouse’s separate property is
enough to pay the debt
Revival and Adoption
● Reconciled spouses can revive their original property regime
● SC en banc resolution in Mar. 15, 2003 allows not only the revival of the previous property
regime, but the adoption of another regime different from that which they had prior to the filing of
the petition
● Resolution leads to 3 divergent views
1. Articles 66 and 67 are the substantive law provisions of the Family Code that deals with
property regime upon reconciliation. They are restrictive and refer only to revival. Article
87 states that any stipulation as to the property regime cannot commence at any time

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 PERSONS AND FAMILY RELATIONS LAW PERSONS AND FAMILY RELATIONS LAW

TITLE III – RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

insufficiency or absence of said income or fruits, such obligations shall be satisfied from the
separate properties
Article 68. The husband and wife are obliged to live together, observe mutual love, respect and
fidelity, and render mutual help and support. Article 71. The management of the household shall be the right and the duty of both spouses.
The expenses for such management shall be paid in accordance with the provisions of Article
70.
Duties and Obligations
● When couples are “forced” to stay together, they learn to soften by mutual accommodation that
Article 72. When one of the spouses neglects his or her duties to the conjugal union or commits
yoke which they cannot shake off
acts which tend to bring danger, dishonor & injury to the other or to the family, the aggrieved
● Procreation is an essential marital obligation
party may apply to the court for relief.
● No compulsion can be forced by courts (living together, observe mutual love, assistance with
domestic matters like housekeeping, & fidelity) except in cases of providing support
Damages For Failure to Comply with Obligations Expenses for Support and Household Management
● Generally, the husband and wife cannot sue one another for damages for mere breach of marital ● Spouses are jointly liable for support
obligation, as the property is shared. However, if a spouse in bad faith refuses to comply with the ● Even during proceedings of annulment or nullity, the absolute community property (ACP) or
above obligations and their regime is separation of property, he may be held liable under Articles conjugal property of gains (CPG) is what provides support for the spouses and their children
19, 20 and 21 of the Civil Code (abuse of right doctrine) ● Parents and those with parental authority shall have the duty to support their unemancipated kids
● Desertion and securing an invalid divorce entitles the other spouse to recover damages & or wards
attorney’s fees ● If the ACP or CPG cannot cover expenses for support & household management, the fruits or
● Any person who likewise deprives a spouse of the consortium or service of the other spouse can income of the separate properties of the husband & wife will be liable o If even the fruits or
be held liable for damages, but this must be fully proven income of the separate properties are not enough, the spouses shall be solidarily liable for the
Rape and Marriage unpaid balance with their separate properties
● Rape: committed by a man who shall have carnal knowledge of a woman through force, threat or ● Even if the family house is separately owned by either of the parties, the other spouse still has the
intimidation; when woman is deprived of reason or unconscious; by means of fraudulent right and duty to manage the household
machinations or grave abuse of authority; oral sex or anal sex by force; etc. ● It is not only the wife that should manage the household; the husband shall do the same
● In the Philippines, the husband can be held liable for rape of his wife. However, if the wife forgives
him, it shall extinguish criminal action or penalty, unless the marriage was void ab initio
Article 73. Either spouse may exercise any legitimate profession, occupation, business, or
● Implied consent rationale: prior to the RPC, there was a disagreement on whether or not a
activity without the consent of the other. The latter may object only on valid, serious, & moral
husband can actually rape his wife; when the husband & wife are married, a wife consents to sex
grounds. In case of disagreement, the court shall decide whether or not:
with her husband which she cannot retract
1. The objection is proper.
- Now, that a husband can rape his wife is a universal and absolute rule
2. Benefit has accrued to the family prior to the objection or thereafter. If the benefit
accrued prior to the objection, the resulting obligation shall be enforced against the
Article 69. The husband and wife shall fix the family domicile. In case of disagreement, the court community property. If the benefit accrued thereafter, such obligation shall be enforced
shall decide. The court may exempt one spouse from living with the other if the latter should against the separate property of the spouse who has not obtained consent.
live abroad or there are other valid and compelling reasons for the exemption. However, such The foregoing provisions shall not prejudice the rights of creditors who acted in good faith. (as
exemption shall not apply if the same is not compatible with the solidarity of the family. amended by R.A. No. 10572)

Domicile Legitimate Profession

● For civil rights and obligations, the domicile of natural persons is the place of their habitual ● The spouses need no prior consent of the other to engage in any legitimate profession,
residence (Art. 50, CC) occupation, business or activity
● Spouses can have many residences, but only 1 domicile or permanent residence, with the ● The husband violates R.A. 9262 (VAWC Law) when he compels his wife to desist from pursuing a
intention of always returning even if they have left it for some time profession, or otherwise controlling or restricting her movement, and can be punished by law
● A minor child always follows the domicile of his or her parents ● Generally, the spouse’s exercise of a legitimate profession, occupation, business or activity is
considered to have redounded to the benefit of the family, making the conjugal partnership or
absolute community liable
Article 70. The spouses are jointly responsible for the support of the family. The expenses for
- However, when a spouse makes an isolated transaction, such as being a guarantor for a
such support and other conjugal obligations shall be paid from the community property and, in
third person’s debt, it is not considered to redound to the benefit of the family and does
the absence thereof, from the income or fruits of their separate properties. In case of
not hold community property liable

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 PERSONS AND FAMILY RELATIONS LAW PERSONS AND FAMILY RELATIONS LAW

TITLE XIV. – ABSENCE

● Disagreement regarding a profession, business or activity must be anchored only on valid, CHAPTER 1
serious, moral grounds in order for it to be valid. PROVISIONAL MEASURES IN CASE OF ABSENCE

Discussion Notes Article 381. When a person disappears from his domicile, his whereabouts being unknown, and
without leaving an agent to administer his property, the judge, at the instance of an interested
Provisional Orders Common to Nullity and Annulment party, a relative, or a friend, may appoint a person to represent him in all that may be necessary.
● Hold Departure Order: not only limited to criminal cases; also applicable to nullity and annulment This same rule shall be observed when under similar circumstances the power
to prevent the other spouse from taking the child, etc. conferred by the absentee has expired. (181a)
● Administration of common property if one spouse abandons the other or fail to comply with
● Protection orders, stay-away orders (cannot communicate through phone etc.), order preventing Article 382. The appointment referred to in the preceding article having been made, the judge
harassment, order for visitation rights shall take the necessary measures to safeguard the rights and interests of the absentee and
● Other orders for the protection of the child (ex. bringing the child to school on certain days) shall specify the powers, obligations and remuneration of his representative, regulating them,
according to the circumstances, by the rules concerning guardians. (182)

Article 383. In the appointment of a representative, the spouse present shall be preferred when
there is no legal separation.
If the absentee left no spouse, or if the spouse present is a minor, any competent person
may be appointed by the court. (183a)

Court Appointment
● The appointment of a representative of the absentee is necessary by way of court order
● A spouse must also file an application for appointment with the courts with respect to the
properties of his or her very own absent spouse
- If no legal separation, the spouse present shall be preferred

CHAPTER 2
DECLARATION OF ABSENCE

Article 384. Two years having elapsed without any news about the absentee or since the receipt
of the last news, and five years in case the absentee has left a person in charge of the
administration of his property, his absence may be declared. (184)

Article 385. The following may ask for the declaration of absence:
1. The spouse present;
2. The heirs instituted in a will, who may present an authentic copy of the same;
3. The relatives who may succeed by the law of intestacy;
4. Those who may have over the property of the absentee some right subordinated to the
condition of his death. (185)

Article 386. The judicial declaration of absence shall not take effect until six months after its
publication in a newspaper of general circulation. (186a)

Judicial Declaration of Absence

● Necessary for interested persons to be able to protect their rights, interests and benefits in
connection with the person who disappeared
● Also necessary to protect the interest of the absentee

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 PERSONS AND FAMILY RELATIONS LAW PERSONS AND FAMILY RELATIONS LAW

Spouse Appearance of Absentee

● A judicial declaration of absence can be a sufficient cause for an involuntary judicial separation of ● The purpose of appointing an administrator is to protect the properties of the owner during his or
property between spouses under Article 135 of the Family Code her absence
- Also acts as basis for the termination of absolute community property or the conjugal ● If the absentee/owner appears, the administrator's appointment ceases and the owner must be
partnership of gains allowed to take care of his or her properties
Testamentary Heirs Death
● If a person executes a will and institutes another person as the one who will succeed him or her ● Upon the death of the owner, the executor mentioned in his or her will is usually the one
in his or her property, such person can seek for the judicial declaration of absence of the testator appointed as the administrator of the owner’s estate in accordance with his or her wishes
Intestate Heirs ● If the owner dies without a will, intestate proceedings will be instituted where a new administrator
● Intestate heirs: the legitimate and illegitimate relatives of the deceased, the spouse, and the of his or her estate shall be appointed
collateral relatives (Section 2, Subsections 1-6, Chapter 3 of Title IV, Book 3 of the Civil Code) Superior Interest
Interested Party ● The administrator must always act within his or her mandate and authority. He or she has no right
● Any interested party who may have over the property of the absentee some right subordinated to to administer property which does not belong to the owner
the condition of the absentee’s death may seek the judicial declaration of absence
● The effect of death upon the rights and obligations of the deceased person is determined by CHAPTER 4
contract PRESUMPTION OF DEATH
Effectivity of Judicial Declaration
● The judicial declaration of absence shall not take effect until 6 months after its publication in a
Article 390. After an absence of seven years, it being unknown whether or not the absentee still
newspaper of general circulation
lives, he shall be presumed dead for all purposes, except for those of succession. The absentee
● The absence of the absentee shall be counted from the date on which the last news of the
shall not be presumed dead for the purpose of opening his succession till after an absence of
absentee was received
ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be
sufficient in order that his succession may be opened. (n)
CHAPTER 3
ADMINISTRATION OF THE PROPERTY OF THE ABSENTEE
Article 391. The following shall be presumed dead for all purposes, including the division of the
estate among the heirs:
Article 387. An administrator of the absentee's property shall be appointed in accordance with 1. A person on board a vessel lost during a sea voyage, or an aeroplane which is missing,
article 383. (187a) who has not been heard of for four years since the loss of the vessel or aeroplane;
2. A person in the armed forces who has taken part in war, and has been missing for four
Article 388. The wife who is appointed as an administratrix of the husband's property cannot years;
alienate or encumber the husband's property, or that of the conjugal partnership, without 3. A person who has been in danger of death under other circumstances and his existence
judicial authority. (188a) has not been known for four years. (n)

Article 392. If the absentee appears, or without appearing his existence is proved, he shall
Prohibition on Alienation
recover his property in the condition in which it may be found, and the price of any property
● Article 388 only refers to the wife; but a husband is likewise prohibited from alienating the
that may have been alienated or the property acquired therewith; but he cannot claim either
properties of the wife without her consent
fruits or rents. (194)
● Any of the spouses cannot alienate the properties of the other spouse without consent

Absence
Article 389. The administration shall cease in any of the following cases:
● The word “absence” in the rule that a presumption of death is raised by the “absence” of a person
1. When the absentee appears personally or by means of an agent;
from his domicile when unheard of for 7 years, means that a person is not at the place of his
2. When the death of the absentee is proved and his testate or intestate heirs appear;
domicile and his actual residence is unknown
3. When a third person appears, showing by a proper document that he has acquired the
- For this reason, his existence is doubtful, and after 7 years of absence, his death is
absentee's property by purchase or other title.
presumed
In these cases the administrator shall cease in the performance of his office, and the property
Presumption of Death
shall be at the disposal of those who may have a right thereto. (190)
● No need to file a case to declare that one is presumptively dead
- EXCEPT in cases of remarriage (go back to the Family Code)
- REVIEW FROM THE FAMILY CODE: Under Article 41 of the Family Code, the time
required for the presumption has been shortened to 4 years; there is also a need for a

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 PERSONS AND FAMILY RELATIONS LAW PERSONS AND FAMILY RELATIONS LAW

JDPD for purposes of remarriage ONLY, as this is the best evidence of a JDPD. In the Accretion
Civil Code, a JDPD is not necessary ● The disposition of the inheritance of an absentee shall benefit either his or her co-heirs or his or
Missing Person her own heirs, assigns, or representatives.
● Article 391 only applies to situations wherein the plane or the vessel are also missing/lost - Ex. A and B are brothers. They are the only heirs of their father. A has been judicially
- Ex. if a person cannot be found in a wreckage of an airplane which crashed, Article 391 declared an absentee. Thereafter, their father died without a last will and testament, but
will not apply because the airplane is not missing left an estate valued at P100,000. If A were not an absentee, he will inherit P50,000, and
B will likewise inherit P50,000. Considering that A is an absentee, his P50,000 shall
Period to be Declared Presumptively Dead accrue to B. Therefore, B will inherit the whole estate.
- However, if A has children and therefore his heirs, the children will inherit the P50,000.
General Rule 7 years

Opening a Succession 10 years Article 395. The provisions of the preceding article are understood to be without prejudice to
the action of petition for inheritance or other rights which are vested in the absentee, his
(Opening a Succession) 5 years representatives or successors in interest. These rights shall not be extinguished save by lapse
Exception: when the person disappeared after 75 of time fixed for prescription. In the record that is made in the Registry of the real estate which
years old accrues to the coheirs, the circumstance of its being subject to the provisions of this article
shall be stated. (197)
Remarriage 4 years

Under dangerous circumstances provided in 4 years Claim

Article 391 ● In the event that the property that is supposed to be inherited by the absentee accrues to the
co-heirs, the title or record of the said property in the property registry of property shall have an
Exception: In cases under Article 41 of the Family annotation stating that, within the prescriptive period provided by law, the property can be subject
2 years
Code wherein the spouse wants to remarry and to the claim of any person having an interest in the said property, especially the absentee, or his
he/she has a well-founded belief that his/her or her representative or successors
spouse is died under the circumstances provided - If the absentee reappears, he or she has the right to file a petition to be able to get his or
in Article 391 of the Civil Code her rightful inheritance from the said co-heirs

CHAPTER 5 Article 396. Those who may have entered upon the inheritance shall appropriate the fruits
EFFECT OF ABSENCE UPON THE CONTINGENT RIGHTS OF THE ABSENTEE received in good faith so long as the absentee does not appear, or while his representatives or
successors in interest do not bring the proper actions. (198)
Article 393. Whoever claims a right pertaining to a person whose existence is not recognized
must prove that he was living at the time his existence was necessary in order to acquire said Appropriation of Fruits
right. (195) ● Anyone who obtains the inheritance of the absentee in accordance with law can make use or
appropriate the fruits of the inheritance as long as they are in good faith
- If the absentee appears, or his or her representatives or successors already filed a claim
Proof of Existence
in court, those who may have entered upon the inheritance cannot anymore make such
● If a person is known to be dead and there is controversy as to the validity of a transaction or
appropriation
contract allegedly entered into by him, the person claiming the validity of the transaction, contract
or obligation must prove that, at the time it was entered into, the person who entered the contract
or incurred the obligation was alive. Other Notes / Review

Article 394. Without prejudice to the provision of the preceding article, upon the opening of a ● Declaration of Absence: 2 years having elapsed without any news about the absentee or since
succession to which an absentee is called, his share shall accrue to his coheirs, unless he has the receipt of the last news and 5 years in case the absentee has left a person in charge of the
heirs, assigns, or a representative. They shall all, as the case may be, make an inventory of the administration of his property
property. (196a) ● Declaration of Presumption of Death: general rule is 7 years, 10 years if opening a succession
except when the person disappeared after 75 years old edi 5 years, for remarriage and
dangerous circumstances 4 years

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