CIVREV 1

Wed 5:30 to 9:30PM

August 23, 2023

Requisites for a valid marriage?

Pulido v. People: If a party contracts a second marriage without obtaining a final judgment of
nullity of the first marriage, the subsequent marriage is void.

A and B, si B nagustuhan si C. Then pinatay ni B si A. Then nagpakasal si B and C, is the second

marriage valid? No. Kasi one of the spouses killed the other spouse to contract a second
marriage.

Andal v. Andal

Article 40: If there is no valid first marriage, then there is no bigamy. There is no need for a
declaration of nullity of the first marriage.

Aquino v. Aquino > Article 922: Iron Curtain Rule

Article 1 to 13:

Article 2. When the law takes effect.

 Unless otherwise provided,
o when the law does not provide when it takes effective then it means that it shall
take effect 15 days after its publication, so on the 16th day.
 After its complete publication, if there are 3 parts, after the last part has been published.
 During the time of Marcos, many issuances or PDs were not published in the Official
Gazette, it was published by the Malacanang's press print, it should not have taken effect
as it did not comply with the law.
 When Cory took over after Marcos, she issued EO 200, where it stated/ added,
"newspaper of general circulation".
 Tanada v. Tuvera where Tanada questioned the effectivity of certain laws which were
promulgated or issued by Marcos due to lack of publication. Tuvera was the head of the
media, the case was decided after Marcos left and it ruled that, "Unless otherwise
provided" refers to the requirement of publication where the law does not provide for its
publication, it shall take effect. However, the SC ruled that the "unless otherwise
provided" means that the number of days after its publication. PUBLICATION IS
REQUIRED.

ARTICLE 3. IGNORANCE OF THE LAW, EXCUSES NO ONE FROM COMPLIANCE

 If the law is published, ignorance is not an excuse.
 Publication is a constructive notice to the people.

ARTICLE 4. RETROACTIVITY OF THE LAW.

 GR: Laws shall not have retroactive effect.
  XPN: Unless the contrary is provided.
 Art. 40 (Final Judgment for Declaration of Nullity of Marriage) Wiegel v. Wiegel. Mrs.
Wiggle has a prior marriage, she contended that she was forced to marry a Filipino. Then
she met, Mr. Wiggle, who is a foreigner. Then a time came wherein their relationship
turned sour, Mr. Wiggle filed a case for the declaration of nullity of the subsequent
marriage and used Art. 40 as a basis. Hence, the second marriage is void. Mrs. Wiggle
contended that the Family Code cannot be used as it took place in 1986 and their
marriage took place in 1940. If there's no declaration of nullity of the first marriage,
then second marriage is void. Art. 40 has a retroactive effect as there is no vested
right.
 Succession - Mortis causa > takes effect after the decedent's death. If the net estate is 3M
and there are 3 legitimate children, then all of you shall have 1M. Although there is no
probate yet, you can already make use of that share as succession opens at the time of the
decedent's death. In this case, the decedent died intestate, leaving his wife and 2 children
and 2 acknowledged illegitimate children. He died in 1949 (During the time of the Old
Civil Code/Spanish Civil Code/ Civil of Code of 1889), the provisions of the New Civil
Code on succession is the same as the provisions of succession in the Old Civil Code.
Under the Rules, the right of legitimate family or 50k each is already vested. Under the
Old Civil Code, walang legitime ang illegitimate children. However, under the Civil
Code, they are entitled to a legitime. The legitimate children contended that they are
not entitled as it shall impair their vested rights hence, retroactivity cannot take
place.
 Civil Code
o Acknowledged natural child - born out of wedlock but parents are not married to
other people (illegitimate) - 2/5 of the share of the legitimate child from the
legitime
o Natural child by legal fiction - children of a void marriage (illegitimate) but since
the marriage is made in good faith and had children or vice versa - share is 2/5 of
one legitimate children
o spurious children - children born out of adulterous relationship - 4/5 of 2/5
 In the Family Code, born outside of valid wedlock > 1/2 of a share of a legitimate child.
(APPLY THIS ONE FOR SUCCESSION)
 New Civil Code > Aug. 13, 1950 > The Code provided that it shall take place ONE
YEAR after its complete publication
 GR: No Retroactivity
 XPN: Remedial (to make it easier); Procedural; Criminal Procedure and favorable to the
accused, provided no vested rights shall be impaired
o Case of Robin Padilla: A law was passed wherein the penalty of reclusion
temporal was decreased for people carrying unlicensed firearms. (Violation of
PD1866 - License to Purchase, Carry, Possess, Use a Firearm, violation of which
entails reclusion temporal). Robin Padilla was granted parole for good behavior.
Then under, Pres. Duterte, he was granted Presidential Pardon (Absolute Pardon).
APPLIED RETROACTIVITY.

ARTICLE 5. MANDATORY AND PROHIBITORY LAWS

  Mandatory laws - laws that provides for certain procedures that must be followed
otherwise, the act shall become illegal or ineffective.
 Prohibitory laws - it prohibits a person from doing something
o Ex. Joint will > prohibited in the PH. Formality: Civil Code or the law where the
will was executed or testator's nationality. BUT FILIPINOS CANNOT CHOOSE
THE FORMALITY OF A JOINT WILL ALTHOUGH IT IS VALID IN A
FOREIGN COUNTRY AS ARE LAWS PROHIBIT IT.

ARTICLE 6. NO
ARTICLE 7. LAWS ARE REPEALED ONLY BY SUBSEQUENT ONES.

ARTICLE 8. JUDICIAL DECISIONS FORM PART OF THE LAW OF THE LAND.

ARTICLE 9. NO JUDGE SHALL DECLINE TO RENDER JUDGMENT DUE TO
OBSCURITY

ARTICLE 13.
 Sunset to Sunrise. - night
 Day - 24 hours (Exclude the first day and include the last day)
 365 days. - 1 year
 Pano if 10 years, may 2 years kang leap year? Sa AO. 29270 - A year is equal to 12
calendar months.

ARTICLE 16. What law is applicable where the property is located

ARTICLE 17. First Paragraph - Lex loci celebrationis (Art. 26 par. 1); Third paragraph - .
Although Divorce is not valid here in the ph (Art. 26, par. 2, allows it as it is an exception)

ARTICLE 18. Suppletory to Code of Commerce

ARTICLE 19 to 32 Human Relations > Abuse of Rights > Related to Torts.

 Grandparents had a daughter-in-law, and the grandson. The grandparents wanted to
celebrate their grandson's birthday and the daughter-in-law knew about it however,
ruring the birthday party, the daughter-in-law took her son to a different place. > Use Art.
19. Abuse of Rights.
ARTICLE 33 TO 36. REMEDIAL LAW. File independent civil action.

ART. 38 TO 39. RESTRICTIONS TO LEGAL CAPACITY.

ART. 40. BIRTH DETERMINES PERSONALITY. Kapag di ka pinanganak, di ka pwede

manahan, wala ka.
 Born means completely delivered from the mother's womb.
 If stil-born - hindi born.
 If nakunan - hindi born, no damages as to the fetus has no personality.

ART. 44. CORPORATIONS JURIDICAL PERSONALITY.

HOMEWORK: 14 TO 17, ART. 37 TO 43,

DISCUSSION: Questions on the assigned homework. Before class proceeds, ididiscuss muna
kung ano ang tinatanong sa tanong. What should you know para masagot yung tanong.

Example: A & B got married in 1995 when B was 17 years old. Four years later, A married C,
assuming all the essential formal requisites are present when A married C. Characterize the
marriage of A and B. Characterize the marriage of A and C.

Answer:
1. The marriage of A and B is void because the law provides that one of the requisites of a
valid marriage is the legal capacity of the contracting parties.
Explanation: In this case, B was only 17 years old when he contracted marriage
wherein, he does not have the legal capacity to enter into a valid marriage. Hence, the
marriage is void.
2. The marriage of A and C is void because A did not obtain a prior declaration of nullity of
marriage to B.

Jurisprudence cited today:

- Tan vs. Tan-Andal
- Pulido vs. People
-Aquino vs. Aquino
- Wiegel vs. Wiegel
- Lara case
August 30, 2023
Art. 19 - Abuse of Rights: A person is entitled to some rights but you are supposed to observe the
exercise of your rights with due regard to others. Observe the standard of care and it results to
damage to another by virtue of Art. 20 and 21 (since Art. 19 does not provide any sanction for
the claim of damages). Three standards that must be followed: Act with justice, give every one
his due and observe honesty and good faith
Art. 20 - Contrary to Law and causes damage to another > indemnify. The manner of causing
damage is contrary to law (willful/intentional or unintentional/negligent)
Art. 21 - Contra-bonus mores (an intentional tort).
 Example: Grandparents wanted to give their grandchild a grand birthday and told their
daughter-in-law about it. On the day of the birthday, the mother brought the child
elsewhere. Is the daughter in law liable to the parents-in-law for damages? Yes. There
was knowledge on the part of the daughter-in-law that there is a grand celebration and
she did it in willfully.
Art. 22 - Breach of Promise to Marry. If you are the jilted spouse (nandon na sa altar), if wala pa
sa altar (iniwan or kinancel yung wedding) hindi yon jilted spouse, there is no remedy for the
prospective spouse to force the other party to continue the wedding as it would be violate the
element of consent. The party who did not cancel the wedding is entitled to monetary damages
from the other party. The resulting damages from that monetary damages.
Art. 23 - Accion in rem verso, there is unjust enrichment without just or legal cause and there
was no mistake in delivery, it could have been delivered to him but it turns out the recipient has
no ground to retain it and someone suffered a loss.
 Parties: Plaintiff was the one who suffered a loss and the defendant received something
without legal cause. (have no other recourse from contract, there was no crime
committed, no quasi-contract).
 The plaintiff has no other recourse except but to file a case under Art. 23 because the
plaintiff has the obligation to return it.
 Solutio indebiti - there's mistake
Art. 24 -
Art. 25 - Thoughtless Extravagance: When you have conspicuous consumption; when one
publicly displays one's consumption of luxury in the time of acute emergency; the parties who
can enjoin this is the government or municipal/city government or charitable institution
Art. 1314 - Tortious Interference - someone induces another to violate his contract is liable for
damages

Conflict of Laws - interpret the law together with principles of international law. If the provision
of law is subject to treaty stipulation and international laws
Art. 14 - Generality Principle, the PH penal laws shall be applicable to all who commit crimes in
the PH whether PH national or alien.
 XPN: Treaty stipulations, principles of international law
 Geneva Convention - Heads of State are immune from suit, ambassadord, diplomatic
representatives or public ministers
 Example: If nang-rape si King Charles, di mo siya pwede kasuhan due to public
international law principles
 Generality means it shall apply to all
  Territoriality means within the territory of the PH, the PH courts have jurisdiction over
the offender.
 For example:
o Crime is committed in the embassy, one cannot sue the assailants there as the
embassy is considered a territory of the country of that embassy.
o Crime in a military vessel: USS Enterprise docked in the Manila Bay and a crime
was committed inside that vessel. PH cannot take jurisdiction as it is outside of
the PH penal laws.
 Extraterritoriality (Art. 2, RPC) means even if the crime is committed outside of the PH,
the case can still be tried in the PH.
o Example:
 If the crime involves hijacking in a plane and it lands in a foreign country
and the hijackers are PH nationals
 PH currency is counterfeited and was brought in the PH, the people who
counterfeited the money can be brought here in the PH for trial.
 ICC was established as a court to try cases involving genocide and against
humanity as the victims cannot seek justice from their own country. ICC's
jurisdiction is subsidiary. Sa PH muna itatry yung case

Lex Loci Celebrationis

 GR: Art. 17, par. 1
 All marriages solmenixed outside the PH and are valid there as such, shall be valid here
in the PH as well.
 Forms and solmenities
 XPN: Art. 26 of the FC. All marriages solemnized outside the Philippines, in accordance
with the laws in force in the country where they were solemnized, and valid there as such,
shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5)
and (6), 3637 and 38.
Where a marriage between a Filipino citizen and a foreigner is validly celebrated
and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or
her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

Art. 35. The following marriages shall be void from the beginning:

(1) Those contracted by any party below eighteen years of age even with the consent of
parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless
such marriages were contracted with either or both parties believing in good faith that the
solemnizing officer had the legal authority to do so;
(3) Those solemnized without license, except those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the
other; and
(6) Those subsequent marriages that are void under Article 53.
Conflict of Laws (Civil Code, Arts. 15-18)

Art. 15. Nationality Principle

 family rights, duties, status and condition and legal capacity
 PH law if you are a Filipino

Domiciliary Principle

Forum non Conveniens - forum (where the case is filed) resists in taking up the case.
 Saudia v. Morada; Morada with two other flight attendants where on a lay-over and one
of them tried to rape Morada and was prevented only due to a room boy. Saudia filed a
case against Morada and her contract was terminated. When she came back to the PH, the
Saudia tried to dismiss the case due to forum non conveniens because there was no
representative by the Saudia to appear on behalf of the defendants and if they win the
case, the Saudia does not have assets in the PH to enforce the judgment. RTC dismissed
the case. The SC ruled that the case can be tried in the PH as Saudia has a country
representative in the PH, it has assets in the PH and it has custody over the documents

Renvoi Doctrine (Balik Doctrine):

 Aznar v. Garcia: Aznar is the executor of the estate of Christensen, a domiciliary of the
PH (Dutch-American) who have 2 daughters (1 legitimate and 1 illegitimate) wherein she
named her legitimate daughter (Aznar) as the sole heir. Aznar contended that there is no
legitime in the US law. Note: Christensen died when the New Civil Code was in effect.
The RTC referred the case to California Court, wherein it found out that the applicable
law is the domicile law hence, the California Court reverted the case to the PH.

Doctrine of Processual Presumption

 Miciano v. Brimo: Miciano the executor of Brimo (Turkish) who executed a will to a lot
of people including his nephew, Joseph and contested the contents of the will. Joseph,
alleged that he was the only person who is related to Brimo and all others (Ph nationals)
are not related to him. Since he is a Turkish citizen, the Turkish law should apply. Note:
Brimo died during the NCC). Miciano submitted a plan of partition to court excluding
Joseph Brimo as the will contains, "if anyone contests the contents of the will, they will
be excluded in the plan of partition". It is true that the national law of the decedent shall
be applied however, the national law of Brimo, the Turkish law was not pleaded and
proved hence, the Turkish law shall be treated as the same law of the forum. The
condition is deemed not written in the PH law.
 Foreign laws must be pleaded and proved. If not, apply the PH law.

Art. 16 Lex Rei Sitae

Real property as well as personal property is subject to the law of the country where it is
situated.

Nationality Principle: Applies to real property situated abroad.

 Art. 16 (2). 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 is
under consideration, whatever may be the nature of the property and regardless of the country
wherein said property may be found.

Example:
 A PH national died and he has 2 American and Ph national children. He has a H&L in the
PH. Who inherits the H&L? The 4 children. When they change the title of the land to the
children. The american children can have their name on the title.
 A PH national died and has 3 children - 1/2 Canadian husband, the other 1/2 sa children
na Canadian citizen. The 3 children who are in Canada, the title can be named under one
children. If the father plans to sell his share to his 1/2 to one of his children, the child
should be a dual citizen.

A foreigner cannot acquire private land as it is prohibited under the Constitution.

XPN: Dual citizens

The property if it is subject to intestate or testate, it shall be governed by the national law of the
decedent and not the place where it is situated.

Lex contractus - law of the place where it is executed.

Lex loci celebrationis - the law of the place where the contract was executed.

Lex fiori - the law where the place is filed.

Lex loci delicti - the place where the crime was committed shall govern

Lex loci solutionis - the law of the place where the payment or performance of obligation is
made

Next week: Oral quiz

Recognition and Enforcement of Foreign Jurisdiction

GR: Our courts do not take judicial notice of foreign judgments. Hence, the fact of the judgment
must be proved by presenting a copy of the Decision.

Divorce granted abroad. How do you have that recognized? You present a copy of the
Divorce Decree and since Art. 26(2) was adopted as part of the Family Code, for the Ph national
to remarry as the same foreigner is given the right to remarry. Certified True Copy of the Decree
and the Divorce Law where it is granted. After which, the divorced parties may now remarry. If it
was successfully done, the court shall recognize it.

Republic v. Orbesido
 Two Ph nationals got married. The W left for abroad and she was there working. While
working abroad, she fell in love with someone else and then she applied for American
citizenship. She then filed for divorce. Notice was made through publication. The divorce was
granted and got married with her American boyfriend. The children of W and H went to the US
to visit their mother and found out that their mother got married to another man. The children
told their father about it and the father asked a lawyer regarding his status.
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a
divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to
remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (Art. 26(2))
The origin of Art. 26(2), the case of Vanorn v. Pilapil, The wife filed for divorce in
Nevada and filed notice with her American husband. In the petition, it was said that they do not
have any community property and they are divorcing due to irreconcilable differences. The
foreigner husband did not object. Alice Reyes then married another alien person. While Husband
1 and Alice were still married, H1 managed a galleon trade which sells native things then they
got divorced. When H1 came to the Ph after the divorce and went to a lawyer, he asked the
lawyer, what are his rights? The lawyer said that divorce is not recognized in the Ph hence, they
are still married and he can still manage the family business. Since she was absent for 2 years,
she should render an account of the galleon trade. The Court ruled that under American Law, the
H1 is deemed a divorced man.
Pilapil v. Ibay Somera, Pilapil is a sculptress and Alice Reyes is a ballet director. Eric, 4
years after marriage, then Eric filed for divorce which was granted by Germany. Eric then filed
for adultery when he came back to the PH against his former wife. The SC ruled that he does not
have legal standing to sue for adultery.

Obrecido case, PH to PH when they got married. X filed a petition for declaratory relief
to know what their rights are. The SolGen decided that under Art. 26(2), the provision does not
apply as they were both PH nationals when they got married. The SC ruled is that it is a remedy
for both spouses to remarry if a divorce is granted abroad, capacitating the foreign spouse to
remarry. The marriage that is referred to in Art. 26(2) is a marriage between a PH and foreigner
at the time the divorce was obtained. So when the Ph national filed for a divorce, she was already
a foreigner spouse hence, the reckoning of the divorce is at the time the divorce was obtained.
You do not reckon it from the time they got married.

(2018)Republic v. Manalo, Manalo is a Ph national who got married to a Japanese and

she filed for divorce in Japan and obtained Divorce in Japan. When she went back to Ph, she
filed for nullification of her marriage under Rule 108 since during her case the case of Fujiki v.
Marinay.
The OSG contended that it cannot be as Manalo is a Filipino spouse and only the alien
spouse may file for divorce. RTC sided with the OSG. Manalo appealed to the CA. The CA
reversed the RTC because the legislative intent of Art. 26(2) was to give the PH national the
capacity to remarry when the alien spouse already remarried or is about to remarry. IT DOES
NOT MATTER WHO FILED FOR DIVORCE. WHETHER PH NATIONAL OR ALIEN
SPOUSE ANG NAG-FILE NG DIVORCE, BOTH OF THEM ARE CAPACITATED TO
REMARRY PROVIDED THE DIVORCE DECREE IS VALID, ISSUED BY A COMPETENT
COURT, THERE WAS DUE PROCESS, THERE WAS A COPY OF DIVORCE
CAPACITATING THE PARTIES TO REMARRY, IT SHALL BE RECOGNIZED BY ART.
26(2).

(2013) Fujiki v. Marinay, Fujiki and Marinay got married however, di niya nadala si
Marinay sa Japan due to strict ang parents. Marinay got married to another Japanese man, who
abused her. Marinay and Fujiki met again in Japan. Fujiki funded Marinay's Divorce on the
Ground of Bigamy which was granted by the Japanese court. In the Ph, there are two records of
Marinay's marriage, hence, Fujiki told Marinay to file for the Cancellation of Marriage Contract
under Rule 138 which can only be done by the Ph national. Juliano v. Republic case, only the
spouses can file for the annulment of marriage. In this case, Fujiki was not a party to marriage to
be annulled between Marinay and Japanese husband however, the Court allowed Fujiki gave
legal standing to the first husband as he has property rights which should be protected.

___________________________September 11, 2023______________________________

Article 35(4) of the Family Code, which declares bigamous marriages void from the
beginning, is the civil aspect of Article 349 of the Revised Penal Code, 76 which penalizes
bigamy. Bigamy is a public crime. Thus, anyone can initiate prosecution for bigamy because any
citizen has an interest in the prosecution and prevention of crimes. 77 If anyone can file a criminal
action which leads to the declaration of nullity of a bigamous marriage, 78 there is more reason to
confer personality to sue on the husband or the wife of a subsisting marriage. The prior spouse
does not only share in the public interest of prosecuting and preventing crimes, he is also
personally interested in the purely civil aspect of protecting his marriage.

When the right of the spouse to protect his marriage is violated, the spouse is clearly an
injured party and is therefore interested in the judgment of the suit. Juliano-Llave ruled that the
prior spouse "is clearly the aggrieved party as the bigamous marriage not only threatens the
financial and the property ownership aspect of the prior marriage but most of all, it causes an
emotional burden to the prior spouse." Being a real party in interest, the prior spouse is entitled
to sue in order to declare a bigamous marriage void. For this purpose, he can petition a court to
recognize a foreign judgment nullifying the bigamous marriage and judicially declare as a fact
that such judgment is effective in the Philippines. Once established, there should be no more
impediment to cancel the entry of the bigamous marriage in the civil registry.

Bar Q: RM filed at the court where he was a resident of. The OSG contended that he should
have filed it where the marriage was recorded. The basis for Divorce was the cancellation of
marriage by providing for the Divorce Decree and the Decree Capacitating the parties to remarry.
The attorney filed with the LRC where the marriage was recorded.
`
Art. 37: Juridical capacity - inherent and lost through death
Capacity to Act - not inherent, can be limited, not only lost through death

Art. 38 to 39 - Limitations on Capacity to Act.

Art. 40 and 41 - Commencement of Civil Personality

One has to born to attain civil personality
Born - completely delivered from the womb; the baby comes out of the vagina and the umbilical
cord is cut and the baby is alive
"the fetus for all purposes favorable to it is considered born":

Art. 40: Civil personality > You have to be born > alive > after being completely delivered from
the womb
Art. 41: "For all purposes favorable to the child, it is considered born" -inheritance, donation. As
long as the baby from the womb at the time he receives inheritance, it is born alive.
If it has an intra-uterine life of less than 7 months > it is considered born, if it is alive for 24
hours. If 7 months or more, it is born alive.

Ex: X (Grandfather), A, B, C, D are the daughters who are all pregnant. At the time X was
making his will, he gave his daughter's fetus 100k. Later on, X died while the fetus are still
inside the mother's womb. What is the rule? The heir must be alive at the time of the decedent or
testator's death.
The GR: The testator should be alive. The fetus are presumed to be alive due to Art. 40.
However, there is a condition that they should comply with the conditions set forth in Art. 41. A's
child was still-born. B's child had an intra-uterine life of 6 months and died after two days. C's
child had an intra-uterine life of 6 months and died thereafter. D's child had an intra-uterine life
of 6 months and is still alive for 3 months.
 A's child > still born > did not comply > the 100k > babalik sa estate yung 100k
 B's child > intra-uterine life of less than 7 months, alive for more than 24 hours > 100k
shall go to B.
 C's child > intra-uterine life of less than 7 months, died thereafter > 100k shall go to the
estate.
  D's child > intra-uterine life of less than 7 months, alive for 6 months > 100k shall go to
D.

Art. 43 Death. - Two or more persons who are called to succeed each other.
 Father and A (legitimate child).
 Para makapagmana si F from A, dapat walang legitimate child si A.
 If namatay si F, magmamana si A.
 Father and A,B, C are children.

o If namatay si C and wala siyang anak, ang magmamana is si F.

o If C and F died under the same circumstances, the person who alleges that one
died after the other, he should prove the same.
o If in-allege na naunang namatay si C kay F, si C ay namatay
o If F>C, estate ni F ay mahahati sa tatlo. So tig-50 sila A,B and C pero since
wala tagapagmana si C mapupunta yung part niya kay A and B.
o If unang namatay C (150) kay F (150) and may 150 si C, yung 150 ni C
mapupunta kay F. Magkakaroon ng 300 si F.
o If hindi alam
 Aquino v. Aquino

SEPTEMBER 6, 2023

ARTICLE 43. DEATH. If there is a doubt, as between two or more persons who are called to
succeed each other, as to which of them died first, whoever alleges the death of one prior to the
other, shall prove the same; in the absence of proof, it is presumed that they died at the same time
and there shall be no transmission of rights from one to the other.

In the case of Lara v. Del Rosario, the Court decided that the repeal took place on August 30,
1950 when the New Civil Code took effect which is one year after its publication.

Citizenship:

Domicile is Residence:

Surnames: Rights of Legitimate and Illegitimate;

 Surname of married woman:
o Can keep her maiden name BUT ONCE YOU CANGE IT TO YOUR
HUSBAND'S LAST NAME, YOU CAN'T CHANGE IT BACK: Nicole
Bernadette M. Barlaan
 XPN:
o Annex the Husband's Last Name: Susan Roces - Poe
o Use the name of the husband with the prefix Mrs.: Mrs. Ferdinand Poe, Jr.
Absentee under Art. 41:

FAMILY CODE

Article 1. Marriage is a special contract of permanent union between a man and a woman
entered into in accordance with law for the establishment of conjugal and family life. It is the
foundation of the family and an inviolable social institution whose nature, consequences, and
incidents are governed by law and not subject to stipulation, except that marriage settlements
may fix the property relations during the marriage within the limits provided by this Code.
 ONLY MAN AND WOMAN
 Permanent - it is not really permanent SINCE IT CAN BE ANNULLED. However, the
process of termination of marriage is difficult.

Art. 2. No marriage shall be valid, unless these essential requisites are present:
(1) Legal capacity of the contracting parties who must be a male and a female; and
 four features
o Parties are male and female
o Both parties must be 18 years old or older
o Not subject to any impediment under Art. 37 and 38
 Art. 37. Marriages between the following are incestuous and void
from the beginning, whether relationship between the parties be
legitimate or illegitimate:
 (1) Between ascendants and descendants of any degree; and
 (2) Between brothers and sisters, whether of the full or half
blood
 Art. 38. The following marriages shall be void from the beginning
for reasons of public policy:
 (1) Between collateral blood relatives whether legitimate or
illegitimate, up to the fourth civil degree;
 (2) Between step-parents and step-children;
o Nanay nag-asawa ng iba (stepfather), namatay ang
mother then you as the child of your mother married
your own stepfather.
o The child is a child of the stepfather
 (3) Between parents-in-law and children-in-law;
o Related by affinity.
o The daughter-in-law marries the father-in-law
 (4) Between the adopting parent and the adopted child;
o The adopter must be 16 years older than the
adoptee.
 (5) Between the surviving spouse of the adopting parent
and the adopted child;
o You were adopted by X who was married to Y. In
the PH law, if the petitioner is married, the petition
 on adoption should be joint however, there are 3
XPNS:
 If the spouse adopts his or her illegitimate
child, then the spouse does not have to adopt
the child as well. (What is needed is
CONSENT ONLY) To give the parent, all
the chances to adopt his/her biological child
to giver her/him more rights.
 Spouse in-adopt yung legitimate
child kaya naging legitimate, consent
lang ng biological mother yung need.
So yung child minarry yung
surviving spouse ng mother niya >
THIS IS VOID.

 (6) Between the surviving spouse of the adopted child and
the adopter;
 (7) Between an adopted child and a legitimate child of the
adopter;
 (8) Between adopted children of the same adopter; and
 (9) Between parties where one, with the intention to marry
the other, killed that other person’s spouse, or his or her
own spouse.
o One spouse killed the other to marry the other
spouse or his or her own spouse
o Marriage between first cousins in the PH > VOID
o Marriage between first cousins in the abroad > not
incestuous but it shall be void for reasons of public
policy under Art. 38(1) and apply nationality
principle.
(2) Consent freely given in the presence of the solemnizing officer. (53a)
 As long as there is consent, there is the essential requisite.
 If it is not freely given then it is valid until annulled, so VOIDABLE.
 Ex: When marrying a person who is X when his insanity is not known. There is a
defective consent. > VOIDABLE MARRIAGE
 It is different if there is knowledge that the person is of unsound mind and still
proceeds to marry, then it is not a defective consent. > Valid marriage
 "Given in the presence of the solemnizing officer": a marriage ceremony is
described in paragraph 3, Art. 3, FC.
o If they are not present > There is irregularity. Who committed the
irregularity? There will be an administrative case to the person who
committed the irregularity.
o Ex: No witnesses of legal age. Who committed the irregularity? The
solemnizing officer because it is his duty to ensure that the marriage is in
accordance with the laws.
 o When the parties who are in good faith believed that the solemnizing
officer had authority. The marriage is still valid.

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title;
and
(3) A marriage ceremony which takes place with the appearance of the contracting parties
before the solemnizing officer and their personal declaration that they take each other as
husband and wife in the presence of not less than two witnesses of legal age.
 Effect: If there is no marriage ceremony, there is nov valid marriage. In the case
of People v. Morigo, Morigo and the first wife got married without a marriage
ceremony. Thereafter, the first wife filed a case for bigamy against Morigo.
Morigo then filed a case with the RTC for the dismissal of the case alleging that
he did not commit bigamy because the first marriage lacked the requirement of
marriage ceremony. Art. 40 does not apply since there is no marriage between X
and Morigo because they just signed the marriage certificate.
 In People v. Pulido,
 Republic v. Olaybar, two marriage contracts for one person. She then filed for
Rule 108 which is the cancellation of Entries in the Civil Registry on the basis of
that she was not that person who first got married. It was a stolen identity.

Marriage license exceptions:

 If they are both muslims and they marry under muslim rights
o Juliano-Llave v. Republic, a senator who married his first wife under the
civil code and not under muslim rights and subsequently, muslims are
allowed to divorce their wives, dinivorce niya yung wife niya then married
an American eventually the second wife divorced him then he married
Llave. Then he died. The heirs divided the estate between themselves. The
third wife filed to become the administrator of the estate. One of the sons
of the first marriage objected and he and his mother filed for the
annulment of the marriage for the third wife on the ground of bigamy. Sabi
ng third wife, when my husband divorced you. The court ruled that a wife
in a prior marriage has the standing to file a declaration of nullity of the
subsequent marriage on the ground of bigamy. Art. 148 because there are
properties which she/he aims to protect.
 Marriage in articulo mortis
o If they happen while the party or parties who are in articulo mortis are in
flight or in a ship, then specific persons are authorized to solemnize the
marriage. Attached an affidavit while a marriage license was needed
include the flight number, the time and the place.
o It is possible that the marriage happened in a stopover or ports of call
o The marriage certificate is filed with the LCR where the marriage took
place
o If there is a person who can solemnize a marriage in articulo mortis
 o Chief pilot solemnize a marriage in articulo mortis, he is obligated to file a
marriage certificate, where does he file the marriage certificate?
o If the marriage took place in the Pacific Ocean, where should the pilot file
the marriage certificate? Sa PSA.
 A military commander of a unit, who is a commissioned officer, shall likewise
have authority to solemnize marriages in articulo mortis between persons within
the zone of military operation, whether members of the armed forces or civilians
o dapat in the absence of a military chaplain
o Can the military chaplain solemnize a marriage in articulo mortis? Yes.
 Marriage in remote places
o Art. 28: If the residence of either party is so located that there is no means
of transportation to enable such party to appear personally before the local
civil registrar, the marriage may be solemnized without necessity of a
marriage license.
o What is the duty of the solemnizing officer? To ascertain that the age of
the contracting parties the essential requisites.
o NOTE: It is the solemnizing officer's authority that a marriage license is
present before he or she marries that parties.
o In the instances where no marriage license is required, he should execute
an affidavit why no marriage license is not required.
o In a case of declaration of nullity arises and someone alleges that the party
got married when he was not dying and a marriage license should be
required, then there is a presumption that what is stated in the affidavit of
the solemnizing officer is true.
o The solemnizing officer shall state the facts why there was no marriage
license required: it was in articulo mortis, or that the residence of either
party, specifying the barrio or barangay, is so located that there is no
means of transportation to enable such party to appear personally (the
marriage is taking place in a remote place and no means of transportation
can take place is a fact which must be prove, SO he should state the barrio
or barangay)
 Man and a woman who have lived together as husband and wife for at least five
years and without any legal impediment to marry each other (Art.34)
o When are they supposed to have no legal impediment to marry each other?
At the time of marriage ceremony. So within the 5 year cohabitation
period, pwedeng may legal impediment.
o In place of a marriage license, what should be executed? Joint Affidavit of
Cohabitation.
o What should be stated in the Joint Affidavit?
 That they have lived together as husband and wife for a period of 5
years INCLUDE THE DATE WHEN THE COHABITATION
EXCLUSIVELY AND EXCLUSIVELY STARTED (make sure
that the start of the cohabitation and until the day of the wedding is
equal to 12 calendar months.
  At the time of the wedding ceremony, they have no legal
impediment to marry each other.
 A and B are legally separated, are they allowed to remarry? No.
Under the FC, when parties are legally married, their marital bond
is not severed.
 A and B are legally separated and B found C. B gets into a
relationship with C, and after 6 years, A died. So B and C, can they
issue just issue a Joint Affidavit to marry each other without a
marriage license. Yes. B and C can marry without marriage license
because they have been living together as husband and wife for 6
years and at the time of marriage, there is no legal impediment
between them.
 How do you know that Art. 34 shall apply? it depends on the date
of the marriage. If the marriage has been made in August 3, 1988
then the Family Code
 Pedro lived with his paramor for 18 years within which he was still
married to his first wife. 2 years later after the death of the first
wife, they decided to get married (1986). As they have been living
for 20 years, they executed a Joint Affidavit of Cohabitation that
for 20 years since ______ they have been living together
exclusively and continuously, shortly thereafter, Pedro died. The
second wife alleged that she is the only surviving spouse of Pedro
and should be the administrator of Pedro's estated. The children
during the first marriage alleged that the marriage is not valid.
 Ninal v. Bayagod: Whether or not the marriage between
Pepito and Norma is valid (NO)
o The marriage between Pepito and Norma lacks the
requisite of a marriage license. To compensate for
this fact, they executed an affidavit wherein they
state that they have been cohabiting as husband and
wife, without legal impediment to marry, for more
than 5 years. However, it can be gleaned from the
records that Pepito and Norma married only one
year and eight months after the death of the
former’s first wife. Thus, it can be said that the
affidavit executed by Pepito and Norma is false and
as such, their marriage must be declared void for
lacking a marriage license.

 Essential Requisites - WALANG EXCEPTIONS; either meron or wala

o YUNG IRREGULARITY SA FORMAL REQUISITES
 Marriage license:
 Consequence of irregularity in formal requisites > VOIDABLE
 ART. 4, FC. An irregularity in the formal requisites shall
not affect the validity of the marriage but the party or
 parties responsible for the irregularity shall be civilly,
criminally and administratively liable
 Example:
 Solemnizing officer is not legally authorized to solemnize a
marriage? Solemnizing officer.
 There is lack of witness when the marriage was solemnized
or lack of legal age of witness? The solemnizing officer
 The issuance of a marriage license despite neither the
parties are residents of the city or municipality which
issued the same is a mere irregularity. Who is liable? The
LCR.
 Did not comply with the 10 day posting. LCR
 Failure to comply with the procedural requirements under
Art. 12
 Failure to forward the marriage certificate to the LCR?
Solemnizing officer.
 Marriage solemnized by a judge outside the
 court’s jurisdiction? Solemnizing officer
 ART. 7. READ.
 (2) Any priest, rabbi, imam, or minister of any church or
religious sect duly authorized by his church or religious
sect and registered with the civil registrar general, acting
within the limits of the written authority granted by his
church or religious sect and provided that at least one of the
contracting parties belongs to the solemnizing officer’s
church or religious sect
o In the case of Jews, they do not marry a non-Jew
and Jew or two non-Jews in the Sinagogue. If you
want to marry in the Sinagogue with a rabbi, both
should be Jews.
o Kris and James Yap which are both not part of the
sect. Who is to blame? The solemnizing officer, if
that was the only issue.
 (5) Any consul-general, consul or vice-consul in the case
provided in Article 10.
o Art. 10. Marriages between Filipino citizens
abroad may be solemnized by a consul-general,
consul or vice-consul of the Republic of the
Philippines. The issuance of the marriage license
and the duties of the local civil registrar and of the
solemnizing officer with regard to the celebration of
marriage shall be performed by said consular
official.
o Any one of these but not all of these.
 o Since it is an embassy or consular of the PH, it
should comply with the requisites of the PH, there
should be a marriage license and marriage
ceremony, two witnesses of legal age.
 Nationality law shall apply.
 Any military commander of a unit to which a chaplain is
assigned, in the absence of the latter, during a military
operation, likewise only in the cases mentioned in Article
32
o If the military chaplain is there, he would be the one
to solemnize the marriage.
 He should have a written authority which is
registered with the PSA.
 He can also do so in articulo mortis
o The military commander can only do so in the
absence of the military chaplain.
 1901 LGC - the mayor can solemnize a marriage
o he can only solemnize a marriage within his
jurisdiction
 Any incumbent member of the judiciary within the court’s
jurisdiction;
o publicly solemnize or within his sala
o ARTICLE 8.
 GR: The marriage shall be solemnized publicly in the chambers of
the judge or in open court, in the church, chapel or temple, or in
the office the consul-general, consul or vice-consul, as the case
may be, and not elsewhere
 XPNS:
 articulo mortis
 in remote place
 here both of the parties request the solemnizing officer in
writing in which case the marriage may be solemnized at a
house or place designated by them in a sworn statement to
that effect.
o If the consent is not freely given (e.g. given without full knowledge fo the
facts, so the person who was consenting would not have consented if
he/she had full knowledge of facts - THE CONSENT IS VITIATED)
o ART. 46. Art. 46. Any of the following circumstances shall constitute
fraud referred to in Number 3 of the preceding Article:
 (1) Non-disclosure of a previous conviction by final judgment of
the other party of a crime involving moral turpitude;
 (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;
 (3) Concealment of sexually transmissible disease, regardless of its
nature, existing at the time of the marriage; or
  (4) Concealment of drug addiction, habitual alcoholism or
homosexuality or lesbianism existing at the time of the marriage.
 No other misrepresentation or deceit as to character, health, rank,
fortune or chastity shall constitute such fraud as will give grounds
for action for the annulment of marriage. (86a)
 In the case of

NEXT MEETING:
VOID MARRIAGES.
 Pulido v. People
o In order to contract a second marriage kailangan may declaration of nullity
of marriage.
o 35, 36,37, 38, 40,43
 Why is it void?
o Lack of consent -35(5)
o Lack of legal capacity (all)
o Absence of any or some of the formal requisites when they are required.
 If the marriage is declared void by the court, what is the effect?
o Art. 40:
o Art. 35:
o No marriage license - the children are deemed illegitimate
 Judge shall Order the LCR to amend the Birth Certificate to
remove the date of marriage as there is no valid marriage.
o When may LPD?
o When may Partition lang?