Vous êtes sur la page 1sur 40

ATENEO CENTRAL BAR OPERATIONS 2007

Civil Law
SUMMER REVIEWER

LAW ON PERSONS AND FAMILY RELATIONS 5. Curative statutes


6. Emergency laws
PRELIMINARY TITLE 7. Laws creating new rights
New Civil Code: took effect on August 30, 1950
Acts Violating Mandatory or Prohibitory Laws
WHEN LAWS TAKE EFFECT: are VOID
General Rule: 15 days after completion of publication Exception: AVV
in OG or newspaper of general 1. When law itself authorizes their validity
circulation 2. When law makes the act only voidable
Exception: The law can provide for its own date of and not void
effectivity, i.e., less than or greater than 3. When law makes the act valid but
15 days after publication punishes the violator
• Publication is MANDATORY (even if the law
provides its own date of effectivity) REQUISITES OF A VALID WAIVER: RCCLF
• Publication must be in full (otherwise it is not 1. Person making the waiver must have the
deemed published at all) since its PURPOSE is right he is waiving
to inform the public of its contents 2. He must have the capacity to make the
- Effect of Publication: The people are deemed waiver
to have conclusively been notified of the law 3. The waiver must be made in a clear and
even if they have not read them. unequivocal manner
4. Such waiver is not contrary to law, public
COVERED BY PUBLICATION REQUIREMENT: order, public policy, morals or good customs
• Presidential Decrees and Executive Orders or is prejudicial to third person.
• Administrative rules and regulations, if their 5. If required, formalities must be complied with.
purpose is to enforce or implement existing law
pursuant to a valid legislation REPEAL OF LAWS
1. Express repeal - repeal of repealing law will
NOT COVERED BY THE REQUIREMENT OF not revive the old law (unless expressly
PUBLICATION: provided)
• Interpretative regulations and those 2. Implied repeal - the provisions of the
administrative regulations internal in nature subsequent law are incompatible with those of
• Letters of Instructions the previous law
• Municipal ordinances (because they are Requisites:
covered by the Local Government Code) 1. Both laws cover the same subject matter
2. The latter law is repugnant to the earlier law
Compliance with the Law: Ignorance of the law
excuses no one from compliance therewith. CUSTOMS are rules of conduct formed by
(Ignorantia juris neminem excusat) repetition of acts, uniformly observed as a social
rule, legally binding and obligatory
RETROACTIVITY: Generally, QuickTime™ and a laws are not • A local custom as a source of right cannot be
TIFF (Uncompressed) decompressor
retroactive. are needed to see this picture. considered by a court of justice unless such
Exceptions: PIERCER custom is properly established by competent
1. Penal laws when favorable to the accused evidence like any other fact
who is not a habitual delinquent • Juridical custom must be differentiated from
2. Interpretative statutes social custom. Juridicial custom can
3. When the law itself expressly provides supplement statutory law or applied in the
- Exception to the exception: absence of such statute. Not so with social
a. ex post facto law custom.
b. when retroactivity impairs the
obligation of contract
4. Remedial statutes
—Adviser: Atty. Mel Sta. Maria, Dean Cynthia Roxas-Del Castillo; Heads: Joy Marie Ponsaran, Eleanor Mateo;
Understudies: Joy Stephanie Tajan, John Paul Lim; Subject Heads: Stephanie Michelle Tan, Joan Mae To; Pledgees:
Charles Francis Decangchon, Jamara Leigh Fernandez, Charmaine Haw, Kristelle Singson,—
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

• Custom, even if proven, cannot prevail over a If the foreign law refers it to a third country, the
statutory rule or even a legal rule enunciated by said country’s law shall govern (transmission
Supreme Court theory)

REQUISITES FOR MAKING CUSTOM AN


OBLIGATORY RULE: PPOT CONFLICT RULES
1. Plurality of acts or acts have been repeatedly LEX LEX RAE LEX LOCI
done NATIONALIS SITAE CELEBRATIONIS
2. Generally practised by the great mass of the
social group Art. 15 NCC Art 16 NCC Art 17 NCC
3. The community accepts it as a proper way of Basis: Basis: Law of Basis: Law of the
acting, such that it is considered obligatory upon all Citizenship the place place where the
4. The practice has been going on for a long period where the contract was
of time property is executed
situated
STARE DECISIS requires courts to follow the rule Covers: Covers: real Covers: only forms
established in earlier SC decisions. The doctrine, family rights and personal and solemnities
however, is not inflexible, so that when in the light of and duties, property (extrinsic validity)
changing conditions, a rule has ceased to be status,
beneficial to the society, courts may depart from it. condition,
and legal
LAWS APPLICABLE: capacity
1. Penal Laws – principle of territoriality applies, Exception: Exceptions: Exceptions:
those of public security and safety – obligatory Article 26 1. Capacity to 1. Article 26 para.
upon all who live or sojourn in the Philippines. para. 2 succeed 1 of Family Code
2. Status Laws – principle of nationality applies, Family Code 2. Intrinsic (marriage
Laws relating to family rights and duties or to the validity of involving
status, condition and legal capacity of persons the will Filipinos
binding upon Filipino citizens even though living 3. Amount of solemnized
abroad. successional abroad, when
Exception: Article 26(2) of Family Code rights such are void in
3. Laws on property – lex rei sitae: real property as 4. Order of the Philippines)
well as personal property is subject to the law of succession 2. Intrinsic validity
the country where it is situated of contracts
4. Laws on forms and solemnities – lex loci • Formalities for the acquisition, encumbering,
celebrationis applies and alienation of property shall not be
governed not by lex rei sitae but lex loci
RULES ON INSTRINSIC VALIDITY OF celebrationis
CONTRACTS: • Art. 17(1) speaks of the extrinsic validity of
1. Law stipulated by parties shall be applied contracts, wills, and other public instruments. It
2. In default thereof and the parties are of the is silent on what law shall govern the intrinsic
same nationality, their national law shall be validity of contracts
applied
3. If the parties are of different nationalities, the DOCTRINE OF PROCESSUAL PRESUMPTION
law of the place of the perfection of the The foreign law, whenever applicable, should be
obligation or of theQuickTime™
performanceand a shall govern proved by the proponent thereof; otherwise, such
TIFF (Uncompressed) decompressor
its fulfillment are needed to see this picture. law shall be presumed to be exactly the same as
4. If the above places are not specified and they the law of the forum.
cannot be deduced from the nature and
circumstances of the obligation, then the law RULES ON PROHIBITIVE LAWS
of the passive subject shall apply General Rule: Prohibitive laws concerning
5. RENVOL DOCTRINE: Where the conflict persons, their acts or property and laws which
rules of the forum refer to a foreign law, and have for their object public order, public policy or
the latter refers it back to the internal law, the good customs are not rendered ineffective by
latter law (law of forum) shall apply

Page 2 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

laws, judgments promulgated or conventions agreed 4. Plaintiff has no other action based on
upon in foreign country. contract, quasi-contract, crime, or quasi-
Exception: Art. 26 (2) of Family Code delict
Distinguished from solutio indebiti: Mistake is an
PRINCIPLE OF ABUSE OF RIGHTS (Art. 19) essential element in solutio indebiti but not in
When the right is exercised for the purpose of accion in rem verso.
prejudicing or injuring another
REQUISITES: PROTECTION OF HUMAN DIGNITY (Art. 26)
1. There is a legal right or duty; Every person shall respect the dignity, personality,
2. Which is exercised in bad faith; privacy and peace of mind of his neighbors and
3. For the sole intent of prejudicing or injuring other persons.
another Acts which, though not criminal, produce
cause of action for damages, prevention, and
DOCTRINE OF VOLENTI NON FIT INJURIA (to other relief:
which person assents is not esteemed in law as 1. Prying into the privacy of another’s
injury) residence;
Pertains to self-inflicted injuries or to the consent to 2. Meddling with or disturbing the private
injury which precludes the recovery of damages by life or family relations of another;
one who has knowingly and voluntarily exposed 3. Intriguing to cause another to be
himself to danger, even if he is not negligent in doing alienated from friends;
so 4. Vexing or humiliating another on
account of his religious beliefs, lowly
ACTS CONTRA BONUS MORES (Art. 21) station in life, place of birth, physical
presupposes loss or injury, material or otherwise, defect, or other personal condition
which one may differ as a result of such violation
ELEMENTS: RELIEF AGAINST PUBLIC OFFICIALS (Art. 27)
1. There is an act which is legal; A public officer who commits a tort or other
2. But which is contrary to morals, good wrongful act, done in excess or beyond the scope
customs, public order, or public policy; of his duty, is not protected by his office and is
3. And it is done with intent to injure personally liable therefore like any private
individuals
• Under Arts. 19 & 21 the act must be done
intentionally. However, Art. 20 does not CIVIL ACTIONS
distinguish, the act may be done either willfully or • When accused is acquitted in a criminal case
negligently, as long as the act is be contrary to because his guilt was not proved beyond
law. reasonable doubt: plaintiff may still file a civil
• While a breach of promise to marry is not action for damages for the same act or
actionable, it has been held that to formally set a omission.
wedding and go through and spend for all the • Independent civil actions: Articles 31 to 34,
wedding preparations and publicity, only to walk 2176
out of it when the matrimony was about to be - Art. 31: based on an obligation NOT arising
solemnized is a different matter. Such act is from felony
palpably and unjustifiably contrary to good - Art. 32: violation of civil liberties
customs for which the defendant must be held - Art. 33: defamation, fraud, and physical
answerable for damages in accordance with Art. injuries
QuickTime™ and a
21 of the NCC. TIFFare(Uncompressed) decompressor - Art. 34: police refuses/fails to render aid or
needed to see this picture.
protection to any person in case of danger to
ACCION IN REM VERSO (Art. 22) life or property
Action for recovery of what has been paid without just
- Art. 2176: quasi-delict
cause • Art. 36: Prejudicial Questions
General Rule : if both criminal and civil cases
REQUISITES:
are filed in court, the criminal case takes
1. Defendant has been enriched
precedence.
2. Plaintiff suffered a loss
Exception : When there is a prejudicial
3. Enrichment of defendant is without just or
question or a question that arises in a case,
legal ground

Page 3 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

the resolution of which is a logical antecedent of 1. Limited and


the issue involved herein, and the cognizance of 2. Provisional/conditional
which pertains to another tribunal - Concept of provisional personality
Elements : cannot be invoked to obtain damages
1. Civil action involves an issue intimately for and in behalf of an aborted child.
related to the issue in criminal action
2. Resolution of issue in civil case BUT a conceived child shall be considered
determines whether or not the criminal born for all purposes favorable to it, provided it be
action may proceed born later under the following conditions:
3. Cognizance of civil case pertains to 1. If it is alive at the time it is completely
another tribunal delivered from the mother’s womb
2. BUT if it had an inter-uterine life of at less
PERSONS than 7 months, only if it lives for at least
24 hours after its complete delivery from
CHAPTER 1: CIVIL PERSONALITY the maternal womb

KINDS OF CAPACITIES Doubts as to Order of Death: As between two or


Juridical Capacity CAPACITY TO ACT more persons called to succeed each other, if
Fitness to be the Power to do act with there is doubt as to which of them died first,
subject of legal legal effects whoever alleges the death of prior to the other
relations shall prove the same, in the absence of proof, it is
Passive Active presumed that they died at the same time and
Inherent Merely acquired there shall be no transmission of rights from one
Lost only through death Lost through death and to the other.
other causes • This rule applies only to cases involving
Can exist without Cannot exist without succession.
capacity to act juridical capacity
Cannot be limited or Can be restricted, PROOF OF DEATH
restricted modified, or limited • Applies only to persons who are called to
succeed each other. Otherwise, Rules of
THEORIES ON CAPACITY TO ACT Court shall apply.
Theory of General Theory of Special • The proof of death must be established by
Capacities Capacities positive evidence. Proof of death can never be
Applies to natural Applies to juridical established from mere inference arising from
persons persons another inference or from presumptions or
One has the ability to do The powers of juridical assumptions
all things with legal persons are limited
effects except only in only to those that are B. JURIDICAL PERSONS
those specific expressly conferred 1. The state and its political
circumstances where upon them or those subdivisions
the capacity to act is which can be implied 2. Other corporations, institutions,
restrained therefrom or incidental and entities for public interest or
thereto purpose, created by law
3. Corporations, partnerships, and
associations for private interest or
CIVIL PERSONALITY is the aptitude of being the
QuickTime™ and a purpose
subject, active or passive, of rights
TIFF (Uncompressed) and obligations.
decompressor
are needed to see this picture. - Creation: (1) and (2) are created by
the laws creating or recognizing them,
COMMENCEMENT OF CIVIL PERSONALITY: private corporations are governed by
A. NATURAL PERSONS the Corp. Code (BP 68) and
General Rule: determined by birth, extinguished by partnership and associations are
death governed by the provisions of the New
Exception: the law considers the conceived child as Civil Code on partnerships.
born for all purposes favorable to it if born alive. - Extinguished: by termination of
Therefore, the child has a presumed personality, existence
which has two characteristics:

Page 4 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

DOMICILE employees of competing drug companies and


• A minor follows the domicile of his parents should management find that such relationship
• Domicile of origin can only be lost and a change of poses a possible conflict of interest, to resign from
domicile occurs when the following requisites are the company.
present: Tecson got married to Betsy, an employee of
1. an actual removal or an actual change of Astra Pharmaceuticals, a competitor of Glaxo.
domicile; Glaxo then transferred Tecson to Butuan City,
2. a bona fide intention of abandoning the Tecson asked the company to reconsider but it
former place of residence establishing a was denied. Because they were unable to resolve
new one; and the issue, Glaxo offered Tecson a separation pay
3. acts which correspond with the purpose. but he declined offer.
• The husband and the wife shall fix the
family domicile. In case of disagreement, HELD:
the court shall decide. Glaxo’s policy on marriage is a valid exercise of
management prerogative. This is reasonable
Requirements for the acquisition of new domicile: under the circumstances because relationships of
1. Bodily presence in a new locality that nature might compromise the interests of the
2. Intention to remain therein (animus manendi) company. Stipulation is valid because it does not
3. Intention to abandon the old domicile (animus pose an absolute prohibition to marry. The
non revertendi) Constitution also recognizes the right of
enterprises to adopt and enforce such a policy to
Kinds of Domicile protect its right to reasonable returns on
1. Domicile of origin – received by a person at birth investments and expansion and growth. Company
2. Domicile of choice – the place freely chosen by a has right to protects its economic interests
person sui juris
3. Constructive domicile – assigned to a child by law ESSENTIAL REQUISITES OF MARRIAGE:
at the time of his birth 1. Legal capacity of contracting parties
2. Consent freely given in the presence of
CITIZENSHIP the solemnizing officer
In the Philippine jurisdiction, what is followed is the
concept of jus sanguinis (citizenship by blood) as FORMAL REQUISITES OF MARRIAGE: ALC
opposed to jus soli (citizenship by place of birth). 1. Authority of solemnizing officer
2. Valid marriage license (except in cases
CHAPTER 2: MARRIAGE where a marriage license is not required),
valid only for 120 days from issue in any
FAMILY CODE part of the Philippines
3. Marriage ceremony where the contracting
MARRIAGE is parties appear before the solemnizing
1. A special contract officer, with their personal declaration that
2. Of permanent union they take each other as husband and wife
3. Between a man and a woman in the presence of not less than two
4. Entered into in accordance with law witnesses of legal age
5. For the establishment of conjugal and family
life EFFECTS:
1. Absence of essential or formal
requisites – void ab initio
DUNCAN ASSOCIATION OF DETAILMAN,
QuickTime™ and a
TIFF (Uncompressed) decompressor ET AL
are needed to see this picture. Except: If the marriage is solemnized by
v. GLAXO WELLCOME PHILIPPINES, INC. 438
unauthorized person, the marriage will still
SCRA 343 (2004)
be valid if either or both contracting
parties believed in good faith that the
FACTS:
Tecson signed a contract of employment with solemnizing officer had legal authority
[Article 35(2)]
GLAXO saying agreeing to study and abide by the
existing company rules which includes disclosure to 2. Defect in any of the essential requisites
management any existing or future relationship by – voidable
consanguinity and affinity with co-employees or 3. Irregularity in any of the formal
requisites – does not affect the validity of

Page 5 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

the marriage but will make the party any time within the 5 years and
responsible civilly, criminally, or continuity that is unbroken
administratively liable - Requisites:
1. Man and woman must have been
AUTHORIZED SOLEMNIZING OFFICERS: living together as husband and
JPCCCM wife for at least five years before
1. Incumbent member of the judiciary within the marriage
court’s jurisdiction 2. The parties must have no legal
2. Duly authorized priest, rabbi, imam or the impediment to marry each other
minister of any church or religious sect 3. The fact of absence of legal
3. Ship captain or airplane chief impediment between the parties
• Can solemnize marriages only in articulo must be present at the time of
mortis between passengers or crew marriage
members while the ship is at sea or the 4. The parties must execute an
plane is in flight and also during stopover affidavit stating that they have
at ports of call lived together for at least five
4. Military commander of a unit to which a years [and are without legal
captain is assigned impediment to marry each other]
• Can solemnize marriage only if it is in 5. The solemnizing officer must
articulo mortis between persons within execute a sworn statement that
the zone of military operations whether he had ascertained the
members of the armed forces or civilians qualifications of the parties and
and only in the absence of the chaplain that he had found no legal
5. Consul-general, consul or vice-consul impediment to their marriage
• Can solemnize marriage between
Filipinos abroad AUTHORIZED VENUES FOR MARRIAGE
6. Mayor (Local Government Code of 1991) General Rule: Must be solemnized publicly,
and not elsewhere, in the:
1. Chambers of the judge or in open court
CHAPTER 3: MARRIAGE EXEMPT FROM 2. Church, chapel or temple
LICENSE REQUIREMENTS: 3. Office of consul-general, consul or vice-
consul
1. Marriage in articulo mortis Exceptions:
2. If the residence of either party is so located 1. Marriage at the point of death (articulo
that there is no means of transportation to mortis)
enable such party to appear personally 2. Marriage in remote places
before the civil registrar 3. Marriage at a house or place designated
3. Marriage solemnized outside the Philippines by the parties in a sworn statement upon
where no marriage license is required by the their written request to the solemnizing
country where it was solemnized officer
4. Marriage among Muslims or among
members of ethnic cultural communities in
accordance with their customs OTHER REQUIREMENTS:
5. Marriage between persons who have lived Either or Both Parties Requires
together as husband and wife for at least five
18 years old and above Parental consent
years and withoutQuickTime™
any legal and a impediment to
but below 21 Marriage counseling
marry eachTIFF (Uncompressed) decompressor
other.
are needed to see this picture.
- The 5-year period is to be computed on 21 years old and above Parental advice
the basis of cohabitation as husband and but below 25 Marriage counseling
wife where the only missing factor is the
marriage contract to validate the union. EFFECTS:
This 5-year period should be the years Lack of parental Marriage is VOIDABLE
immediately before the day of the consent
marriage and it should be a period of Lack of parental Of NO EFFECT on the
cohabitation characterized by exclusivity advice or validity of marriage
–meaning no third party was involved at lack of marriage However, this will suspend

Page 6 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

counseling the issuance of the marriage The intent of Paragraph 2 of Article 26 is to


license for a period of 3 avoid the absurd situation where the Filipino
months from the completion spouse remains married to the alien spouse
of publication of the who, after obtaining a divorce, is no longer
application for marriage married to the Filipino spouse.
license. Thus, taking into consideration the legislative
• If the parties get married intent, Paragraph 2 of Article 26 should be
during the 3-month period interpreted to include cases involving parties
without a license, the who, at the time of the celebration of the
marriage shall be VOID. marriage, were Filipino citizens but, later on,
• On the other hand, if they one of them becomes naturalized as a foreign
are able to obtain a citizen and obtains a divorce decree. The
license during the 3- Filipino spouse should likewise be allowed to
month period, the remarry as if the other party was a foreigner at
marriage will still be valid the time of the solemnization of the marriage.
but may be held civilly To rule otherwise would be to sanction absurdity
and criminally liable. and injustice.

MARRIAGES SOLEMNIZED ABROAD REPUBLIC VS. IYOY G.R. NO. 15277


General Rule: Marriages solemnized outside the SEPTEMBER 21, 2005
Phils. in accordance with the law of the foreign
country shall be valid in the Philippines (lex loci For the second paragraph of Article 26 to apply,
celebrationis) a spouse who obtained the divorce must not be
Exceptions: a Filipino at the time of the divorce. If the
1. Where either or both parties are below 18 obtaining-spouse is still a Filipino at the time of
years old the divorce, then the divorce is not recognized in
2. Bigamous or polygamous marriage (except the Philippines.
Art. 41 on presumptive death of spouse) The root cause in psychological incapacity must
3. Mistake in identity still be determined even if there is no
4. Marriages void under Art. 53 – contracted requirement that a personal examination of the
following the annulment or declaration of respondent be made prior to a declaration of
nullity of a previous marriage but before nullity of marriage.
partition Office of the Solicitor General has personality to
5. Psychological incapacity appeal a decision in a declaration-of-nullity of
6. Incestuous marriages marriage case.
7. Marriage void for reasons of public policy
REPUBLIC VS. OBRECIDO G.R. NO. 154380
DIVORCE BY FOREIGNER-SPOUSE: OCTOBER 5, 2005
• If a Filipino is married to a foreigner and the latter
subsequently obtains a valid divorce abroad Facts:
capacitating him/her to remarry, the Filipino Orbecido and Villanueva were married and had
spouse shall likewise have the capacity to 2 children. Wife went to us and was naturalized
remarry under the Philippine law. (Art. 26 para. 2) as an American citizen. He later found that his
• Requisites: wife obtained a divorce decree and married a
a.) There is a valid marriage that had been foreigner. He filed a petition for authority to
celebrated between Filipino
QuickTime™ and a citizen and a remarry invoking Article 26 of the FC, which the
TIFF (Uncompressed) decompressor
foreigner are needed to see this picture.
court granted.
b.) A valid divorce is obtained abroad by the
alien spouse capacitating him or her to Held:
remarry Petition for “authority to marry” was treated as
• The traditional rule: applies when parties at the Petition for declaratory relief.
time of celebration are a Filipino and an alien The determination of when the spouse who
BUT obtained a divorce was a foreigner is at the time
of the divorce not at the time of the celebration
Republic v. Orbecido III 472 SCRA 114 (2005) of the marriage. The proper remedy for the

Page 7 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Filipino spouse need not be annulment for this FACTS:


would be long, tedious and not feasible Juanita and Manuel were married civilly and in
(considering that the marriage appears to have the the Catholic Church. Discovering that they could
badges of validity); it is not also legal separation as not have a baby they adopted a baby boy. After
this will not sever the marriage tie. 24 years of marriage, Manuel filed a declaration
of nullity on ground of Psychological Incapacity.
CHAPTER 4: VOID MARRIAGES He alleged that Juanita exhibited an over
domineering and selfish attitude towards him
A. Void ab initio under Art. 35: which was exacerbated by her extremely volatile
1. Contracted by any party below 18 years old and bellicose nature, that she incessantly
2. Solemnized by unauthorized solemnizing complained about almost everything and
officer (Except if either or both parties anyone connected with him like his elderly
believed in good faith that the officer had parents, staff, she showed no respect for his
authority) prestige and high position as judge in the
3. Solemnized without marriage license (Except Municipal Trial Court. Juanita said that Manuel
when license not required) is still living with her at their conjugal home in
4. Bigamous or polygamous marriages Bulacan, that he invented malicious stories
• Except: Art. 41 – marriage contracted by against her so that he could marry his
a person whose spouse has been absent paramour, that she supported Manuel in all his
for 4 years (ordinary absence) or 2 years endeavors despite his philandering, that she
(extraordinary absence), where such was raised in a real happy family and had a
person has a well founded belief that happy childhood contrary to what was said by
his/her absent spouse is already dead, Manuel.
and after the absent spouse is judicially
declared presumptively dead HELD:
5. Mistake in identity Psychological Incapacity must be judged on a
6. Subsequent marriage void under Art. 53 case to case basis. It should refer to no less
• Art. 53 provides that a person whose than a mental (not physical) incapacity. It must
marriage has been annulled may be characterized by a. gravity b. juridical
remarry as long as he complies with antecedence c. incurability --- this was not met.
Art. 52 which requires that after the Sexual infidelity does not constitute psycho
marriage is annulled the properties of incapacity within contemplation of family
the spouses must be partitioned and code. It must be shown that Manuel’s
distributed and the presumptive unfaithfulness is a manifestation of a disordered
legitimes of the children be distributed. personality which makes him completely unable
Furthermore, the judgment of to discharge the essential marital state and not
annulment or absolute nullity, the merely due to his ardent wish to have a child of
partition and distribution of the his own flesh and blood. The negative traits
spouses’ properties, and the delivery of must “paralyze her from complying with the
the children’s presumptive legitimes essential obligations of marriage.”
must be recorded in the appropriate Unsatisfactory marriage is not a null and void
civil registry and registries of property. marriage. Mere showing of irreconcilable
Failure to comply with these requisites differences and conflicting personalities DOES
will make the subsequent marriage NOT constitute psychological incapacity.
void ab initio.
NOTE: The enumeration of void marriages
QuickTime™ and a under Art REPUBLIC v. QUINTERO-HAMANO 428
TIFF (Uncompressed) decompressor
35 is not exclusive. are needed to see this picture. SCRA 735 (2004)
FACTS:
B. Void under Article 36: where one party, who at Hamano, a Japanese national, abandoned his
the time of the celebration of the marriage, was wife and daughter. RTC and CA granted the
psychologically incapacitated to comply with the petition for psychological incapacity.The Office
essential marital obligations. of the Solicitor General appealed to the SC on
the ground that respondent was not able to
CARATING-SIAYNCO v. SIAYNCO 441 SCRA prove the psychological incapacity of Toshio
422 (2004) Hamano to perform his marital obligations,

Page 8 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

despite respondent’s failure to comply with the A finding of psychological incapacity on the part
guidelines laid down in the Molina case. of one spouse negates any award of moral and
exemplary damages against him/her. Award of
ISSUE: moral damages should be predicated, not on the
Whether psychological incapacity is a ground for mere act of entering into the marriage, but on
nullity in mixed-marriage? specific evidence that is was done deliberately
and with malice by a party who had known of his
HELD: or her disability and yet willfully concealed the
Molina doctrine does not require personal medical same.
examination of the person who is psychologically
incapacitated to marry. However, evidence of PSYCHOLOGICAL INCAPACITY has no exact
medical and clinical finding of any illness definition but is restricted to psychological
constituting psychological incapacity will greatly incapacity to comply with the essential marital
help. This can be done by an expert witness obligations of marriage.
Mere abandonment is not constitutive of It involves a senseless, protracted, and constant
psychological incapacity. There must be proof of a refusal to comply with the essential marital
natal or supervening disabling factor in the person, obligations by one or both of the spouses
an adverse integral element in the personality although he, she, or they are physically capable
structure that effectively incapacitates a person of performing such obligations (Chi Ming Tsoi
from accepting and complying with the obligations v. CA 266 SCRA 234 [1997])
essential to marriage. “In proving psychological
incapacity, we find no distinction between an alien ELEMENTS:
spouse and a Filipino spouse. We cannot be 1. Mental disposition
lenient in the application of the rules merely 2. Applies to a person who is martially-
because the spouse alleged to be psychologically contracted to another
incapacitated happens to be a foreign national. The 3. Marriage entered into with volition
medical and clinical rules to determine 4. Failure to perform or comply with the
psychological incapacity were formulated on the essential obligations in marriage
basis of studies of human behavior in general. 5. Failure to perform is chronic
Hence, the norms used for determining 6. Cause is psychological in nature
psychological incapacity should apply to any 7. Cause is serious, with juridical
person regardless of nationality.”. antecedence and must be incurable
8. Incapacity results in the failure of the
DEDEL v. COURT OF APPEALS 421 SCRA 461 marriage
(2004)
Mere sexual infidelity or perversion and • JURISPRUDENTIAL GUIDELINES:
abandonment do not by themselves constitute BREIGOIC
psychological incapacity within the contemplation of (Republic v. CA & Molina 268 SCRA 198
the Family Code. Neither could emotional [1997])
immaturity and irresponsibility be equated with 1. Burden of proof to show the nullity of
psychological incapacity. It must be shown that marriage belongs to plaintiff
these acts are manifestations of a disordered 2. The root cause of the psychological
personality with make respondent completely incapacity must be:
unable to discharge the essential obligations of a a. Medically or clinically identified
marital state, not merely to her youth, immaturity or b. Alleged in the complaint
sexual promiscuity. Root causeandmust
QuickTime™ a
TIFF (Uncompressed) decompressor
be traceable c. Sufficiently proven by experts
prior to the marriage ceremony.
are needed to see this picture. d. Clearly explained in the decision
3. The incapacity must be proven to be
Buenaventura v. CA GR No. 127358, March 31, existing at the time of the celebration of
2005 the marriage.
It is contradictory to characterize acts as a product 4. Such incapacity must be shown to be
of psychological incapacity, hence beyond the medically or clinically permanent or
control of the party because of an innate inability, incurable
while at the same time considering the same set of 5. Such illness must be grave enough to
acts as willful. bring about the disability of the party to

Page 9 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

assume the essential obligations of marriage void because of absence of marriage


marriage license. Supreme Court denied the Petition
6. Essential marital obligations must be those
embraced by Art. 68-71, as well as Art. HELD:
220, 221, and 225 of the Family Code. Res Judicata applies.
7. Interpretations given by the National There is only one cause of action which is the
Appellate Matrimonial Tribunal of the nullity of marriage. Hence when the second
Catholic Church in the Philippines, while case was filed based on another ground there is
not controlling or decisive, should be given a splitting of a cause of action which is
great respect by our courts prohibited. Petitioner is estopped from asserting
8. The trial court must order the prosecuting that the first marriage had no marriage license
attorney or fiscal and the Solicitor General because in the first case he impliedly admitted
to appear as counsel for the state the same when he did not question the absence
of a marriage license.
Antonio v. Reyes GR No. 155800, March 10, 2006
Judicial understanding of psychological incapacity C. Void for Being Incestuous under Art. 37:
may be informed by evolving standards, taking into • Whether relationship is legitimate or
account the particulars of each case, current trends illegitimate
in psychological and even canonical thought, and 1. Between ascendants and descendants of
experience. It is under the auspices of the any degree
deliberate ambiguity of the framers that the Court 2. Between brothers and sisters, whether full
has developed the Republic v. CA & Molina rules, or half blood
which have been consistently applied since 1997.
Molina has proven indubitably useful in providing a D. Void for Reason of Public Policy under Art.
unitary framework that guides courts in adjudicating 38:
petitions for declaration of nullity under Article 36. 1. Between collateral blood relatives up to
At the same time, the Molina guidelines are not set the 4th civil degree
in stone, the clear legislative intent mandating a 2. Between step-parents and step-children
case-to-case perception of each situation. 3. Between parents-in-law and children-in-
It should be noted that the lies attributed to law
respondent were not adopted as false pretenses in 4. Between adopting parent and adoptive
order to induce petitioner into marriage. They child
indicate a failure on the part of respondent to 5. Between surviving spouse of the adopter
distinguish truth from fiction, or at least abide by the and the adopted
truth. Petitioner’s witnesses and the trial court were 6. Between surviving spouse of the adopted
emphatic on respondent’s inveterate proclivity to and the adopter
telling lies and the pathologic nature of her 7. Between adopted and legitimate child of
mistruths, which according to them, were revelatory adopter
of respondent’s inability to understand and perform 8. Between adopted children of same
the essential obligations of marriage. Indeed, a adopter
person unable to distinguish between fantasy and 9. Between parties where one, with the
reality would similarly be unable to comprehend the intention to marry the other, killed that
legal nature of the marital bond, much less its other person’s spouse or his/her own
psychic meaning, and the corresponding spouse
obligations attached to marriage, including
parenting. One unable QuickTime™
to adhere and a to reality cannot NOTES: RA 6995 (Mail Order Bride Act) declares
TIFF (Uncompressed) decompressor
be expected to adhere as
are needed to well
see this to any legal or
picture. as unlawful the practice of matching Filipino
emotional commitments. women for marriage to foreign nationals on a mail-
order basis and other similar practices including
MALLION VS, ALCANTARA October 31, 2006 the advertisement, publication, printing or
G.R. No. 141528 distribution of brochures, fliers, and other
Facts: propaganda materials in furtherance thereof.
Petitioner filed a case to declare void the marriage Under the new Family Code, the following can
due to psychological incapacity. Petition was now marry each other:
denied. Later, he filed a case to again declare his 1. Brother-in-law and sister-in-law
2. Stepbrother and stepsister

Page 10 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

3. Guardian and ward TENEBRO v. COURT OF APPEALS 423


4. Adopted and illegitimate child of the adopter SCRA 272 (2004)
5. Parties who have been convicted of adultery FACTS:
or concubinage Tenebro contracted marriage with private
respondent in 1990. In 1991, Tenebro told his
E. Subsequent marriages wife that he had been previously married in
1. Without judicial declaration of nullity of 1986. He then left the private respondent and
previous void marriage (Art. 40) lived with his first wife. In 1993, he then
- For the purposes of remarriage, the only contracted another marriage. It was here when
legally acceptable basis for declaring a private respondent confirmed with the first wife
previous marriage an absolute nullity is a that petitioner was indeed previously married.
final judgment declaring such previous Private respondent then filed a case against
marriage void, whereas, for purposes petitioner for bigamy. Tenebro claims that he is
other than remarriage, other evidence is not guilt of bigamy because:
acceptable - That there was no valid second marriage
- In a case for concubinage, the accused because no marriage ceremony took place to
need not present a final judgment solemnize their union
declaring his marriage void for he can - That the declaration of the nullity of the second
adduce evidence in the criminal case of marriage on the ground of Psychological
nullity of his marriage other than proof of Incapacity, which is an alleged indicator that his
final judgment declaring his marriage marriage to private respondent lacks the
void. Hence, the pendency of the civil essential requisites for validity, retroacts to the
action for nullity of marriage does not date on which the second marriage was
pose a prejudicial question in a criminal celebrated.
case for concubinage.
- However, a judicial declaration of nullity HELD:
is not needed where no marriage There is no requirement in the law that a
ceremony at all was performed by a duly marriage contract needs to be submitted to the
authorized solemnizing officer as where civil registrar as a condition precedent for the
the parties merely signed a marriage validity of marriage. The law penalizes the mere
contract on their own. (Lucio Morigo v. act of contracting a second or a subsequent
People, G.R. No. 145226. Feb. 06, marriage during the subsistence of a valid
2004) marriage. The moment petitioner entered into
2. Rule on bigamous marriages (Art. 41) marriage with private respondent, he already
General Rule: Marriage contracted by any committed bigamy. There is criminal bigamy
person during the subsistence of a previous even if the second marriage is void because of
marriage is VOID psychological incapacity.
Exception: If before the celebration of the
subsequent marriage:
a. the previous spouse had been absent for MORIGO v. PEOPLE 422 SCRA 376 (2004)
4 consecutive years (ordinary absence) or FACTS:
2 years (extraordinary absence) and Petitioner contracted marriage with Lucia in
b. the remaining spouse has a well-founded 1990. In 1991, Lucia filed with the Ontario Court
belief that the absent spouse was already a petition for divorce against pet which was
dead granted and took effect on Feb. 17, 1992. On
c. judicial declaration of presumptive death Oct 4, 1992, petitioner married Maria. Less than
QuickTime™ and a
- In this TIFFcase, the
(Uncompressed) subsequent marriage
decompressor a year after such marriage, petitioner filed a
are needed to see this picture.
is valid but it shall be automatically complaint of Judicial Declaration of Nullity with
terminated by the recording of the Lucia on the ground that no marriage ceremony
affidavit of reappearance of the absent took place. On Oct 19, 1993, the City prosecutor
spouse. then charged him with the crime of bigamy and
Exception to the Exception: If both spouses of he was subsequently found guilty. While the
the subsequent marriage acted in bad faith, criminal case was pending in the Court of
such marriage is void ab initio (Art. 44) Appeals, in 1997, the Judicial Declaration of
Nullity of marriage between petitioner and Lucia
was rendered final and executory.

Page 11 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

apply to marriages which are annulled or declared


HELD: void ab initio under Art. 40.
GENERALLY, even if the first marriage is judicially
declared void only after contracting the second REQUISITES FOR DECLARATION OF
marriage, the second marriage is still bigamous. PRESUMPTIVE DEATH:
This is true only if the first marriage ostensibly 1. That the absentee spouse has been
transpired as there was a marriage ceremony. missing for 4 consecutive years if the
However, if the first marriage is judicially declared disappearance occurred where there is
void only after contracting second marriage, the danger of death under circumstances in
second marriage is not bigamous if the first Art. 391 of New Civil Code.
marriage was void due to the fact that no marriage 2. The present spouse wishes to remarry
ceremony was solemnized at all. The mere 3. The present spouse has a well-founded
signing of a marriage contract bears no semblance belief that the absentee is dead
to a valid marriage and thus needs no judicial 4. The present spouse files a summary
declaration of nullity. proceeding for the declaration of
presumptive death
NOTES: Where there was failure to record in the civil
registry and registry of property the judgment of EFFECT OF REAPPEARANCE:
annulment or absolute nullity of the marriage, the General Rule: The subsequent bigamous
partition and distribution of the property of the marriage under Art. 41 remains valid despite
spouses, and the delivery of the children’s reappearance of the absentee spouse.
presumptive legitimes, it shall not affect third Exception: If the reappearance was made in a
persons. (Arts. 52-53) sworn statement recorded in the civil registry, the
Even if a marriage is void, it must be declared void subsequent marriage is automatically terminated.
first before the parties to such void marriage can Exception to the Exception: If there was a
remarry. The parties cannot decide for themselves previous judgment annulling or declaring the first
the invalidity of their marriage. (Except: when the marriage a nullity, the subsequent bigamous
purpose is other than remarriage, a collateral attack marriage remains valid.
of the marriage is allowed.)
RP VS. CA G.R. NO. 163604 MAY 6, 2005
EFFECTS OF TERMINATION OF SUBSEQUENT The summary proceeding to judicially declare a
MARRIAGE: LDDRI person presumptively dead under Article 41 of the
1. Children of the subsequent marriage Civil Code is not a special proceeding. Hence
conceived prior to its termination shall be appeal in relation to decisions are made only via a
considered legitimate Notice of Appeal.
2. The absolute community or conjugal
partnership shall be dissolved and liquidated. REPUBLIC VS. BERNUDES-LORINO 449 SCRA
• If either spouse acted in bad faith, his/her 57 (2005)
share in the net profits shall be forfeited: Summary proceedings under the Family Code is
a. In favor of the common children final and executory pursuant to Article 247. Hence,
b. If none, in favor of the children of the a decision judicially declaring a person
guilty spouse by previous marriage presumptively dead is non-appealable. If appealed
c. In default of children, in favor of the to the Court of Appeals, the latter has no
innocent spouse jurisdiction to try the case.
3. Donations by reason of the marriage remain There is a big difference between having the
valid except if the donee
QuickTime™ and a contracted the supposed appeal dismissed for lack of jurisdiction
TIFF (Uncompressed) decompressor
marriage in bad faithto see this picture.
are needed by virtue of the fact that the RTC decision sought
4. The innocent spouse may revoke the to be appealed is immediately final and executory,
designation of the spouse in bad faith as the and the denial of the appeal for lack of merit. In
beneficiary in any insurance policy, and the former, the supposed appellee can
5. The spouse who contracted the subsequent immediately ask for the issuance of an Entry of
marriage in bad faith shall be disqualified to Judgment in the RTC, whereas, in the latter, the
inherit from the innocent spouse by testate or appellant can still raise the matter to this Court on
intestate succession petition for review and the RTC judgment cannot
NOTE: The above effects apply in voidable bigamous
marriages. Except for (1), the above effects also

Page 12 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

be executed until the Court makes the final The STD does not The STD must be
pronouncement. have to be concealed concealed

CHAPTER 5: ANNULLABLE MARRIAGES The STD must be The STD does not
serious and incurable have to be serious and
GROUNDS FOR ANNULMENT (Art. 45): PUFFIS appears incurable
1. Lack of parental consent It is the concealment, The STD itself is the
2. Either party is of unsound mind and not the STD, which ground for annulment
3. Fraudulent means of obtaining consent of gives rise to the
either party annulment
• Circumstances constituting fraud: (Art. 46)
a. Non-disclosure of conviction by final SEE:
judgment of crime involving moral Annex A – Effects of Termination of Marriage
turpitude Annex B – Effects of Voidable Marriages,
b. Concealment of pregnancy by Bigamous Marriages, Declarations of Nullity,
another man and Annulments
c. Concealment of sexually Annex C – Distinctions between Void and
transmissible disease, regardless of Voidable Marriages
nature, existing at the time of
marriage A.M. NO. 02-11-10-SC
d. Concealment of drug addiction, PROPOSED RULE ON DECLARATION OF
habitual alcoholism, homosexuality ABSOLUTE NULLITY OF VOID MARRIAGES
and lesbianism AND ANNULMENT OF VOIDABLE MARRIAGES
4. Force, intimidation or undue influence SCOPE:
5. Physical incapability of either party to • Petitions for declaration of absolute nullity
consummate the marriage with the other, and of void marriages and annulment of
such incapacity continues and appears to be voidable marriages under the Family
incurable Code
• Requisites of Annulment due to • The Rules of Court shall apply suppletorily
Impotence:
a. Impotence exists at the time of the PETITION FOR DECLARATION OF ABSOLUTE
celebration of marriage NULLITY:
b. Permanent Who may file: solely the husband or wife
c. Incurable What to allege: complete facts showing either
d. Unknown to the other spouse one is incapacitated from complying with marital
e. The other spouse must not also be obligations at the time of the celebration of the
impotent marriage including physical manifestations, if any
- Doctrine of Trennial Cohabitation: • Actions or defenses shall NOT prescribe
Presumption that the husband is
impotent should the wife still remain PETITION FOR ANNULMENT OF VOIDABLE
a virgin after 3 years of living MARRIAGES:
together with her husband. Who may file:
6. Affliction of sexually transmissible disease 1. contracting party whose parent, or guardian, or
found to be serious and which appears person exercising substitute parental authority
incurable did not give his/her consent, w/in 5 years after
• Elements: QuickTime™ and a attaining the age of 21 unless after attaining
TIFF (Uncompressed) decompressor
a. Existingareat thetotime
needed see this of marriage
picture. the age of 21, such party freely cohabited with
b. Sexually transmissible disease the other as husband and wife; or the parent,
c. Serious guardian or person having legal charge of the
d. Appears incurable contracting party at any time before such party
has reached the age of 21
ARTICLE 45 ARTICLE 46 2. the sane spouse who had no knowledge of the
The STD is a ground The STD is a type of other’s sanity; or by any relative, guardian, or
for annulment fraud which in turn is a person having legal charge of the insane, at
ground for annulment any time before the death of either party; or by
the insane spouse during a lucid interval after

Page 13 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

regaining sanity, provided that the petitioner, after • Failure to comply with any of the
coming to reason, has not freely cohabited with abovementioned requirements may
the other husband and wife; be a ground for immediate dismissal
3. the injured party whose consent was obtained by of the petition.
fraud, w/in 5 years after the discovery of the fraud,
provided that said party, with full knowledge of the C. Service of Summons
fact constituting the fraud, has not freely cohabited • Governed by the Rule 14 of the Rules
with the other husband and wife; of Court and the following:
4. the injured party whose consent was obtained by 1. Respondent cannot be located at
force, intimidation, or undue influence, w/in 5 his given address or his
years from the time the force, intimidation, or whereabouts are unknown and
undue influence disappeared or ceased, provided cannot be ascertained by diligent
that the force, intimidation, or undue influence inquiry:
having disappeared or ceased, said party has not (a) Service of summons by
thereafter freely cohabited with the other husband publication once a week for 2
and wife; consecutive weeks in a
5. the injured party where the other spouse is newspaper of general circulation
physically incapacitated of consummating the in the Philippines and in such
marriage with the other and such incapacity places as the court may order
continues and appears to be incurable, w/in 5 (b) Served at respondent’s last
years after the celebration of marriage; and known address by registered mail
6. the injured party where the other party was or any other means the court may
afflicted with a sexually transmissible disease deem sufficient
found to be serious and appears to be incurable, 2. Summons to be published shall
w/in 5 years after the celebration of the marriage. be contained in a court order with
the following data:
A. Venue: Family Court of the province or city where (a) title of the case
the petitioner or the respondent has been residing for (b) docket number
at least 6 months prior to the date of filing (or non- (c) nature of the petition
resident respondent: where he may be found in the (d) principal grounds of the petition
Philippines) AT THE ELECTION OF THE and the reliefs prayed for
PETITIONER. (e) a directive for the respondent to
answer w/in 30 days from the last
B. Petition shall allege: issue of the publication
1. complete facts constituting the cause of action;
2. state the names and ages of the common children D. Motion to Dismiss: not allowed, except for
of the parties and specify the regime governing lack of jurisdiction over the subject matter or over
their property relations, and the properties the parties (however, any ground that might
involved; warrant a dismissal may be raised as an
3. verified and accompanied by a certification against affirmative defense in an answer)
forum shopping, which must be signed personally
by the petitioner E. Answer
• Petition may not be signed solely by • verified by the respondent himself filed w/in
counsel or through an attorney-in-fact 15 days from service of summons or from
• If petitioner is in a foreign country, the the last issue of publication in case of
verification and certificate
QuickTime™ and a against forum service of summons by publication
• failure to answer shall NOT make him in
TIFF (Uncompressed) decompressor
shopping areshall
needed tobe authenticated
see this picture. by the
duly authorized officer of the Philippine default
embassy or legation, consul general, • court will order the public prosecutor to
consul, vice-consul, or consular agent in investigate if there is collusion if no answer
said country is filed or when answer does not tender an
4. filed in 6 copies to be served to the office of the issue
Solicitor-General and the Office of the City or
Provincial Prosecutor, w/in 5 days from the date of
its filing and submit to the court proof of such
service w/in the same period

Page 14 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

J. Prohibited Compromise
F. Investigation Report of the Public Prosecutor (a) Civil status of persons
• to be made w/in 1 month after the receipt of (b) Validity of marriage or legal separation
the court order (c) Any ground for legal separation
• shall state whether the parties are in collusion (d) Future support
and the basis for such finding and serve (e) Jurisdiction of courts
copies thereof on the parties and their (f) Future legitimes
respective counsels, if any
(a) there is collusion – parties shall file their K. Decision
respective comments on the finding of • Copies will be served on the parties,
collusion w/in 10 days from receipt of a including the SolGen and public prosecutor
copy • Final after expiration of 15 days from notice
(b) no collusion – set the case for pre-trial to the parties
• public prosecutor is duty bound to appear at • Should be registered in the Civil Registry
the pre-trial where the marriage was celebrated and in
the Civil Registry of the place where the
G. Court may require a social worker to conduct a Family Court is located before decree shall
case study and submit the corresponding report at be issued
least 3 days before the pre-trial
L. Appeal
H. Pre-trial • Not allowed if no motion for
• MANDATORY reconsideration or new trial is made w/in
• Notice of pre-trial shall be served separately 15 days from notice of judgment
to the parties, their respective counsel and the
public prosecutor, containing: date of pre-trial M. Death
conference and order directing the parties to • Party dies before entry of judgment: court
file pre-trial brief in such manner that ensures shall order the case closed and
the receipt of the adverse party at least 3 days terminated w/o prejudice to the settlement
before the date of pre-trial of the estate in proper proceedings in the
• Parties should appear personally at the pre- regular courts
trial • Party dies after the entry of judgment:
• Notice of pre-trial shall still be sent to binding upon the parties and their
respondent even if he did not file an answer successors-in-interest in the settlement of
• Failure to file the pre-trial brief or to comply the estate in the regular courts.
with its required contents shall have the same
effect as failure to appear at the pre-trial N. Date of Effectivity: March 15, 2003
• Failure to appear at the pre-trial personally
w/o the valid cause: case will be dismissed CORPUS v. OCHOTERENA 435 SCRA 446
• If respondent filed his answer but fails to (2004)
appear at the pre-trial, the court shall proceed In a nullity-of-marriage case, the prior investigation
but the public prosecutor will be required to to determine for collusion is a condition sine qua
investigate the reason for non-appearance non for further proceedings in the event the
• Court may refer the issues to a mediator but defendant does not answer. This is true even if
should this fail or is not allowed, the court during the hearing the fiscal participated and
shall proceed with the pre-trial conference cross-examined the witnesses.
• ProceedingsTIFF shall QuickTime™ and a
be recorded
(Uncompressed) decompressor

• Public prosecutor shall appear for the state to


are needed to see this picture.
CHAPTER 6: LEGAL SEPARATION
prevent collusion
• Parties not allowed to raise issues or present GROUNDS: PRC-FAL-BILA
witnesses and evidence other than those 1. Repeated physical violence or grossly abusive
stated in the pre-trial order conduct directed against petitioner, a common
• Parties have 5 days from receipt of pre-trial child or a child of the petitioner
order to make corrections or modifications 2. Physical violence or moral pressure to compel
the petitioner to change religious or political
affiliation

Page 15 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

3. Attempt of respondent to corrupt or induce the even if such designation be stipulated as


petitioner, a common child, or a child of the irrevocable
petitioner, to engage in prostitution, or
connivance in such corruption or inducement A.M. NO. 02-11-11-SC
4. Final judgment sentencing respondent to PROPOSED RULE ON LEGAL SEPARATION
imprisonment of more than 6 years (even if • The Rules of Court shall apply suppletorily
pardoned)
5. Drug addiction or habitual alcoholism Who may file: solely the husband or wife
6. Lesbianism or homosexuality When to file: within 5 years from the occurrence
7. Subsequent bigamous marriage of any of the grounds
8. Sexual infidelity or perversion • Procedure is almost the same as in the Rule
9. Attempt by respondent against the life of the on Declaration of Absolute Nullity &
petitioner Annulment (above)
10. Abandonment for more than 1 year without • Creditors are furnished copies of the petition
justifiable cause • Pre-trial set not earlier than 6 months from
filing of the petition for possibility of
GROUNDS TO DENY LEGAL SEPARATION: reconciliation (COOLING OFF PERIOD)
C4D-GP-DR - Exception: There is no cooling-off period if
1. Condonation the ground alleged are those under RA
• failure of the husband to look for his adulterous 9262 (Violence Against Women &
wife is not condonation to wife’s adultery Children).
2. Consent
3. Connivance RA 9262: “Anti-Violence Against Women and
4. Collusion Their Children Act of 2004”
5. Mutual guilt
6. Prescription – action for legal separation must be Sec. 19: Legal Separation Cases - In cases of
filed within five years from the time of the legal separation, where violence as specified in
occurrence of the cause of action this Act is alleged, Art. 58 of the Family Code
7. Death of either party during the pendency of the shall not apply. The court shall proceed in the
case (Lapuz-Sy v. Eufemio 43 SCRA 177 main case and other incidents of the case as soon
[1972]) as possible. The hearing on any application for a
8. Reconciliation of the spouses during the protection order filed by the petitioner must be
pendency of the case conducted within the mandatory period specified
in this Act.
EFFECTS OF SEPARATION:
1. Spouses are entitled to live separately
Decree of Reconciliation:
2. Marriage bond is not severed
a. If the spouses had reconciled: joint
3. Dissolution of property regime
manifestation under oath, duly signed by both,
4. Forfeiture of the share of the guilty spouse in the
may be filed in the same proceeding for legal
net profits of the ACP/CPG
separation.
5. Custody of minor children to innocent spouse
b. Reconciliation while proceeding is pending:
(subject to Art. 213 which provides that parental
court shall immediately order termination of
authority shall be exercised by parent designated
proceeding.
by the court)
c. Reconciliation after judgment granting petition
6. Guilty spouse is disqualified from intestate
but before the issuance of the decree:
succession and provisions made by innocent
spouse in his favor
QuickTime™ and
in ato see
willthisshall
a
• spouses express in their manifestation
picture. be revoked by
TIFF (Uncompressed) decompressor
are needed
operation of law whether or not to revive the former
7. Innocent spouse may revoke the donation made property regime or choose a new regime.
by him in favor of the offending spouse. • court immediately issue decree of
However, alienations, liens and encumbrances Reconciliation setting aside proceeding
registered in good faith before the recording of and specifying the property regime of
the complaint for revocation in the registries of spouses
property shall be respected. d. Reconciled after the issuance of the decree:
8. Innocent spouse may revoke designation of guilty court, upon motion, issue decree of
spouse as beneficiary in the insurance policy reconciliation declaring decree as set aside

Page 16 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

• but the separation of property and any General Rule: Either spouse may exercise any
forfeiture of the share of the guilty spouse legitimate profession/business without the consent
already effected subsists, unless the spouses of the other
have agreed to revive their former regime of Exception: The other spouse may object on valid,
property relations or adopt a new regime. serious and moral grounds. In case of
e. In (b), (c), and (d), if choose to adopt different disagreement, the court shall decide whether
property regime, the spouses shall comply with a. The objection is proper AND
Sec. 24 of the Rule b. Benefit has accrued to the family
f. Decree of reconciliation: recorded in Civil before and after the objection.
Registries where marriage and decree of legal • If benefit accrued to the family before the
separation had been registered objection, the resulting obligation shall be
enforced against the separate property of the
Date of Effectivity: March 15, 2003 spouse who has not obtained consent
• If benefit accrued to the family after the
Ong Eng Kiam a.k.a. William Ong v. Lucita Ong objection has been made, the resulting
G.R. No. 153206, Oct. 23, 2006 obligation shall be enforced against the
FACTS: community property
Lucita Ong filed a complaint for legal separation
before the RTC, alleging that she suffered physical CHAPTER 8: PROPERTY RELATIONS
violence, threats, intimidation, and grossly abusive BETWEEN HUSBAND AND WIFE
conduct. The RTC and CA decreed the legal
separation. William claims that Lucita is guilty of WHAT GOVERNS PROPERTY RELATIONS
abandonment and should, therefore, be denied legal BETWEEN SPOUSES:
separation following Art. 56(1). 1. Marriage settlement – future spouses may
agree upon the regime of ACP, CPG,
ISSUE: complete separation of property. or any
Whether Lucita is guilty of abandonment and should other regime
be denied the decree of legal separation 2. Family Code – if there is no marriage
settlement or when the regime agreed
Held: upon therein is void, the system of ACP
The claim of William as regards Lucita’s shall govern
abandonment is without merit. The abandonment 3. Local customs
referred to by the Family Code is abandonment
without justifiable cause for more than one year. REQUISITES OF A VALID MARRIAGE
As it was established that Lucita left William due SETTLEMENT: WSB-TC-CR
to his abusive conduct, such does not constitute 1. In writing
abandonment contemplated by the said 2. Signed by the parties
provision. 3. Executed before the celebration of
marriage
4. To fix the terms and conditions of their
CHAPTER 7: RIGHTS AND OBLIGATIONS
property relations
BETWEEN HUSBAND AND WIFE
5. If a party executing the settlement needs
parental consent, the parent/guardian
OBLIGATIONS OF HUSBAND AND WIFE:
whose consent is needed must be made a
L2H2DS
party to the agreement
1. Live together
6. If the party executing the settlement is
2. Observe mutual QuickTime™ and a
love, respect
TIFF (Uncompressed) decompressor and fidelity
are needed to see this picture. under civil interdiction or any other
3. Render mutual help and support
disability, the guardian appointed by the
4. Management of the household
court must be made a party to the
5. Fix the family domicile
settlement
6. Joint responsibility for the support of the
7. Registration (to bind 3rd persons)
family
NOT APPLICABLE:
1. When both are aliens, even if married in
PROFESSION
the Phils.
2. As to extrinsic validity of contracts
3. Contrary stipulation

Page 17 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

committed against the donee himself,


DONATIONS BY REASON OF MARRIAGE his wife, or his children under his
authority
Before Marriage c. If the donee unduly refuses to support
General Rule: Future spouses cannot donate to the donor when he is legally or
each other more than 1/5 of their morally bound to give such support
present property (excess shall be
considered void) DONATION PROPTER NUPTIAS V. ORDINARY
Requisites: DONATION
1. Made before celebration of marriage Donations Ordinary
Bases
2. In celebration of marriage Propter Nuptias Donations
3. In favor of one or both future spouses Governed by the
Exception: If they are governed by ACP rules on ordinary
Governed by
donations except
rules on
During Marriage that if future
Formalities donations (Art.
General Rule: Spouses cannot donate to each property is
725-773 of
other, directly or indirectly donated, it must
NCC)
(donations made by spouses to conform with
each other during the marriage formalities of wills
are VOID) No limit except
May be donated
Ratio: that donor shall
Present but up to 1/5 of
1. To protect unsecured creditors from leave property
Property donor's present
being defrauded enough for his
property
2. To prevent stronger spouse from support
imposing upon the weaker one the May be included
Future Cannot be
transfer of the latter’s property to the provided donation
Property included
former is mortis causa
3. To prevent indirect modification of the Grounds
Art. 86 of Family Art. 760, 764,
marriage settlement for
Code 765 of NCC
Exception: revocation
1. Moderate gifts on the occasion of any
family rejoicing PRESCRIPTIVE PERIOD FOR FILING ACTION
2. Donation mortis causa FOR REVOCATION OF DONATION PROPTER
• Applied to common law spouses (Art. 87) NUPTIAS:
If marriage is not 5 years (Art. 1149 NCC)
GROUNDS TO REVOKE DONATION PROPTER celebrated from the time marriage is
NUPTIAS: VICALC (except: donations not solemnized on the
1. Marriage is not celebrated or is judicially contained in the marriage fixed date
declared void ab initio settlement which are
2. Marriage without the needed parental automatically rendered
consent void if the marriage does
3. Marriage is annulled and donee is in bad not take place)
faith If marriage is judicially
4. If it is with a resolutory condition and the declared void, it depends:
condition is complied with (a) if subsequent by operation of law if
5. In legal separation and and
QuickTime™ donee
a is the guilty marriage is void donee-spouse
TIFF (Uncompressed) decompressor
spouse are needed to see this picture. pursuant to Art. 40 contracted subsequent
6. Donee commits acts of ingratitude such as: in relation to Arts. void marriage in bad
a. If the donee commits an offense against 52 and 53, because faith
the person, honor or property of the contracted by a
donor, his wife, or his children under his spouse before prior
parental authority void marriage is
b. If the donee imputes to the donor any judicially declared
criminal offense or any act involving void
moral turpitude, unless the crime was
(b) Judicially declared 5 years from finality of

Page 18 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

void on grounds judicial declaration of 1. In cases of disagreement, husband’s


other than Art. 40 in nullity (if action to decision shall prevail
relation to Arts. 52 recover property) • Wife can go to court within 5 years
and 53 2. In case one spouse is incapacitated or
unable to participate in the administration
of the common properties, other spouse
may assume sole powers.
• These powers do not include:
When marriage takes 5 years a. disposition and
place without the b. encumbrance
required parental consent • Any encumbrance is void if without the
If resolutory condition is 5 years from happening written consent of the other spouse.
complied with of condition
When marriage is 5 years from finality of Rules on Game of Chance:
annulled and donee in decree LOSS: Borne by the loser spouse and shall not
bad faith be charged to the community property
If donee commits an act 1 year from donor’s WINNINGS: Form part of the community
of ingratitude knowledge of that fact property
In cases of legal 5 years from the time the
separation decree of separation has CHARGES UPON THE ACP: BDT-SLAPPOD
become final 1. Debts and obligations contracted by either
spouse without the consent of the other to
PROPERTY RELATIONS the extent that it benefited the family
2. Debts and obligations contracted during
the marriage by designated administrator-
A. SYSTEM OF ABSOLUTE COMMUNITY: spouse, both spouses, or by one with the
The property regime of the spouses in the consent of the other
absence of a marriage settlement or when the 3. Taxes, liens, charges and expenses upon
marriage is void. This is so because it is more in community property
keeping with Filipino culture. 4. Support of spouses, their common children
and legitimate children of either spouse
GENERAL RULE: The community property consists of all 5. Expenses of litigation between spouses
the property owned by the spouses at the time of the unless the suit is found to be groundless
celebration of the marriage or acquired thereafter. 6. Ante-nuptial debts which redounded to the
EXCEPTIONS: Exclusions from Community Property: benefit of the family
1. Property acquired before the marriage by either 7. Taxes and expenses for mere preservation
spouse who has legitimate descendants by a made during the marriage upon the
former marriage and its fruits and income separate property of either spouse used by
2. Property for personal and exclusive use except the family
jewelry 8. Expenses for professional or vocational
3. Property acquired during the marriage by course
gratuitous title, except when the donor, testator, 9. Other ante-nuptial debts, support of
or grantor expressly provides otherwise illegitimate child, and liabilities for crime or
• No waiver of rights allowed during the marriage quasi-delicts in absence of separate
except in case of judicial separation of property. property
The waiver must be inQuickTime™
a public and ainstrument. 10. Donated or promised to common legitimate
TIFF (Uncompressed) decompressor
HSLB v. Miguela Dailo G.R.to see
are needed No.this 153802,
picture. March 11, children for profession, vocational course
2005 or self improvement
Encumbrance or disposition of the community of
property without the consent of the other spouse is • If the community property is insufficient to
void. Benefit to the family must always be proven. cover all these liabilities, except those falling
under (9), spouses shall be solidarily liable for
ADMINISTRATION OF THE COMMUNITY the unpaid balance with their separate
PROPERTY: properties.
General Rule: It shall belong to both spouses • Administration of community property belongs
Exceptions: to both

Page 19 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

- Dispute: husband prevails 3. That acquired by redemption, barter or


- If the wife decides to go to court, must do so exchange with exclusive property
within 5 years from the contract 4. That purchased with exclusive money of
• Both spouses must approve any dispositions or spouse
encumbrances, and consent of the other spouse
must be in writing WHAT CONSTITUTES CPG: FOLCHIC
- Otherwise, brought to court and the court will 1. Fruits of conjugal property due or received
give the authority, if proper during the marriage and net fruits of
- If one spouse acts without the consent of the separate property
other or without court approval, such 2. Those acquired through occupation
disposition/encumbrance is void. However, 3. Livestock in excess of what was brought
the transaction shall be construed as a to the marriage
continuing offer on the part of the consenting 4. Those acquired during the marriage with
spouse and the 3rd person which may be conjugal funds
perfected as a binding contract upon 5. Share in hidden treasure
acceptance by the spouse or court approval. 6. Those obtained from labor, industry, work
or profession of either or both spouse
TERMINATION OF ACP/CPG: DLAS 7. Those acquired by chance
1. Death of either spouse
2. Decree of legal separation Rules in Cases of Improvement of Exclusive
3. Annulment or declaration of nullity of Property:
marriage 1. Accession – if the cost of the improvement
4. Judicial separation of property during of the plus value is equal to or less than
marriage the value of the principal property at the
time of the improvement, the entire
PROCEDURE FOR DISSOLUTION OF ACP: property remains the exclusive property of
1. Inventory of all properties the spouse
a. Inventory of community property 2. Reverse Accession – if the cost of the
b. Inventory of separate property of the wife improvement and the plus value is more
c. Inventory of separate property of the than the value of the principal property at
husband the time of the improvement, the property
2. Debts and obligation of ACP are paid becomes conjugal (subject to
3. Remainder of the separate properties of the reimbursement)
spouses are returned to the owner
4. Net remainder of the ACP is divided equally CHARGES UPON CPG: BDT-SLAPPD
between husband and wife 1. Debts and obligations contracted by one
5. Presumptive legitimes of children are without the consent of the other to the
delivered extent that the family benefited
6. Adjudication of conjugal dwelling and custody 2. Debts and obligations contracted during
of common children the marriage by administrator- spouse,
both spouses or one with the consent of
B. SYSTEM OF CONJUGAL PROPERTY OF the other
GAINS 3. Taxes, liens, charges, expenses upon
The spouses contribute the following to a common conjugal property
fund: 4. Support of the spouses, their common
1. Proceeds, products, fruitsand
QuickTime™ anda income of children and legit children of either spouse
TIFF (Uncompressed) decompressor
separate properties ofseespouses
are needed to this picture.
5. Expenses of litigation
2. Everything acquired by spouses through their 6. Ante-nuptial debts to extent family
efforts benefited
3. Everything acquired by spouses through 7. Taxes and expenses for mere preservation
chance of separate property
8. Expenses for professional, vocational or
self-improvement courses of either spouse
EXCLUSIVE PROPERTY IN CPG:
9. Value of what is donated or promised to
1. That brought into the marriage as his/her own
common legit children for professional,
2. That acquired during the marriage gratuitously
vocation or self improvement courses

Page 20 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

given gratuitously as in cases of donation of


PROCEDURE FOR DISSOLUTION OF CPG: conjugal partnership property, which is prohibited.
1. Inventory of all property
2. Amounts advanced by CP as payment for ABALOS v. MACATANGAY 439 SCRA 649
personal debts and obligations of either (2004)
spouse are credited Prior to the liquidation of the conjugal partnership,
3. Reimbursement for use of exclusive funds the interest of each spouse in the conjugal assets
4. Debts and obligations of the CP are paid is inchoate, a mere expectancy, which constitutes
5. Remains of exclusive properties are returned neither a legal nor an equitable estate, and does
6. Indemnify loss of deterioration of movables not ripen into title until it appears that there are
belonging to either spouse used for the assets in the community as a result of liquidation
benefit of the family and settlement. The interest of each spouse is
7. Net remainder of conjugal property is divided limited to the net remainder resulting from the
equally liquidation of the affairs of the partnerships after its
8. Delivery of children’s presumptive legitimes dissolution. Thus, the right of the husband or wife
9. Adjudication of conjugal dwelling and custody to one-half of the conjugal assets does not vest
of children until the dissolution and liquidation of the conjugal
partnership or after dissolution of the marriage ,
NOTES: when it is finally determined that, after settlement
• Property bought on installments paid partly from of conjugal obligations, there are net assets left
exclusive funds of the spouses and partly from which can be divided between the spouses or their
conjugal funds: respective heirs.
a. If full ownership is vested before the The Family Code requires WRITTEN consent of
marriage – it shall belong to the buyer- the other spouse or authority of the court for the
spouse disposition or encumbrance of conjugal
b. If full ownership was vested during the partnership by the other spouse if the former
marriage – it shall belong to the conjugal spouse is incapacitated or otherwise unable to
partnership participate in the administration of the conjugal
• The separate properties shall be solidarily and partnership. Otherwise, the disposition is void.
subsidiarily liable for the obligations if the
community or conjugal properties are insufficient DISTINCTION BETWEEN ACP AND CPG
• The ACP shall also be liable for ante-nuptial ACP CPG
debts, support of illegitimate children, and All the properties Each spouse retains his/her
liabilities incurred by either spouse by reason of a owned by the spouses property before the marriage
crime or quasi-delict in case of insolvency of the at the time of marriage and only the fruits and
exclusive property of the debtor-spouse. Payment become community income of such properties
advanced by the ACP, subject to deduction from property become part of the conjugal
the share of the debtor-spouse properties during the
• The conjugal partnership property shall likewise marriage
be liable for the payment of the personal debts of Upon dissolution and Upon dissolution of the
either spouse insofar as they have redounded to liquidation of the partnership, the separate
the benefit of the family. community prop what is property of the spouses are
divided equally returned and only the net
Ayala Investment Corporation v. CA G.R. No. between the spouses or profits of the partnership are
118305, Feb. 12, 1998 their heirs is the net divided equally between the
Indirect benefits thatTIFFmight accrueandtoa a husband in his
QuickTime™
(Uncompressed) decompressor
remainder of the spouses of their heirs
signing as a surety are or needed
guarantee agreement not in
to see this picture.
properties of the ACP
favor of the family but in favor of his employer
corporation are not the benefits that can be
considered as giving a direct advantage accruing to
the family. Hence, the creditors cannot go against the
conjugal partnership property of the husband in
satisfying the obligation subject of the surety
agreement. A contrary view would put in peril the
conjugal partnership property by allowing it to be

Page 21 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

3. One spouse sentenced to penalty with


SEPARATION OF PROPERTY civil interdiction
• In the absence of an express declaration in 4. One spouse becomes a fugitive from
the marriage settlements, the separation of justice or is hiding as an accused in a
property between the spouses during the criminal case
marriage shall not take place except by
judicial order. PROPERTY REGIME OF UNIONS WITHOUT
• Judicial separation of property may either be MARRIAGE
voluntary or for sufficient cause. Art.147 Art.148
1. man and woman 1. man and woman
2. living together as 2. living together as
SUFFICIENT CAUSE FOR JUDICIAL
husband and wife husband and
SEPARATION OF PROPERTY: CAPAAS wife
1. Petitioner’s spouse has been sentenced to a 3. with capacity to
marry (Art.5 3. NOT capacitated
penalty which carries with it civil interdiction to marry
without any legal
2. Petitioner’s spouse has been declared an impediment) (Art.35(1) under
absentee • at least 18
18 years old)
3. Loss of parental authority of petitioner’s 4. adulterous
years old
spouse has been decreed by the court relationship (e.g.
• not Art. 37
4. Abandonment by petitioner’s spouse or Applicability concubinage)
(incestuous
5. bigamous/polyga
failure to comply with family obligations void marriage)
mous marriage
5. Spouse granted the power of administration • not Art. 38
(Art.35(4))
in marriage settlements has abused that (void marriage
6. incestuous
power by reason of
marriages under
6. At the time of petition, the spouses have public policy)
Art.37
been separated in fact for at least one year • not bigamous 7. Void marriages
4. other void by reason of
and reconciliation is highly improbable marriages / live- public policy
in under Art.38
GROUNDS FOR REVIVAL OF FORMER
PROPERTY REGIME: Exclusively owned;
Salaries Owned in equal married party Æ
1. When civil interdiction of the prisoner-spouse and wages shares property of CPG of
terminates legitimate marriage
2. When the absentee spouse reappears Properties
3. When the court, being satisfied that the acquired Remains exclusive
spouse granted the power of administration through provided there is Remains exclusive
in the marriage settlement will not again exclusive proof
abuse that power, authorizes resumption of funds
administration by the spouse formerly Properties
exercising such power acquired by Owned in common
both Governed by rules in proportion to
4. When the spouse, who has left the conjugal
through on co-ownership respective
home without a decree of legal separation, work or contribution
returns and resumes common life with the industry
other • Owned in equal
5. When parental authority is judicially restored shares since it is
to the spouse previously deprived thereof presumed to have
6. When the spouses who have separated in been acquired
Presumed to be
fact for at least QuickTime™
one year, and a reconcile and through joint
TIFF (Uncompressed) decompressor equal; however,
resume common lifeto see this picture.
are needed efforts
Properties proofs may be
7. When after voluntary dissolution of ACP or • if one party did
acquired shown to show that
CPG, spouses agree to revive their former not participate in
while living their contribution
acquisition,
property regime together and respective
presumed to have
shares are not
contributed
GROUNDS FOR TRANSFER OF equal
through care and
ADMINISTRATION OF EXCLUSIVE PROPERTY OF maintenance of
EITHER SPOUSE: GACA family and
1. One spouse becomes guardian of the other household
2. One spouse judicially declared absent Forfeiture in When only one of If one party is

Page 22 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
case one the parties is in validly married to adjudicated in an ordinary civil action such as in a
party is in good faith, the another: case for recovery of property.
bad faith share of the party - his/her share in
in bad faith shall be the co-owned
forfeited: properties will VILLANUEVA v. COURT OF APPEALS 427
1. In favor of their accrue to the SCRA 439 (2004)
common ACP/CPG of FACTS:
children his/her existing Several properties are the subject of dispute
2. In case of valid marriage between petitioner (illegitimate son) and the
default of or legitimate family of Nicolas, the decedent.
waiver by any or If the party who Petitioner is contending that the subject properties
all of the acted in bad faith is
are not part of the conjugal partnership of Nicolas
common not validly married
children or their to another, his/her
and his legal wife (Eusebia) but under the regime
descendants, share shall be of co-ownership between Nicolas and petitioner’s
each vacant forfeited in the mother.
share shall same manner as HELD:
belong to the that provided in Art For as long as it is proven that property was
respective 147 acquired during the marriage, the presumption of
surviving conjugality will attach regardless in whose
descendants The same rules on name the property is registered. The
3. In the absence forfeiture shall
presumption is not rebutted by the mere fact that
of such apply if both parties
descendants, are in bad faith
the certificate of title of the property or the tax
such share declaration is in the name of one of the spouses.
belongs to the A reading of Article 148 shows that there must be
innocent party proof of actual joint contribution by both the live-in
partners before the property becomes co-owned
JOAQUINO v. REYES 434 SCRA 260 (2004) by them in proportion to their contribution. The
FACTS: presumption of equality of contribution arises only
Respondent Reyes is the widow of Rodolfo Reyes. in the absence of proof of their proportionate
Reyes had illicit relations with petitioner Joaquino. A contributions, subject to the condition that actual
property in BF Homes Paranaque was executed in joint contribution is proven first. Simply put, proof
favor of Joaquino. Joaquino had no means to pay for of actual contribution by both parties is required;
this property. The funds used to purchase this otherwise there is no co-ownership and no
property were earnings of Reyes from his position as presumption of equal sharing.
corporate executive and from a loan secured from
Commonwealth Insurance Corporation. Joaquino and CHING vs. COURT APPEALS 423 SCRA 371
Reyes had 3 illegitimate children. (2004)
The presumption of conjugality arises as long as it
HELD: is shown that it is acquired during the marriage. It
Article 148 is the property regime that will apply in is not even necessary to prove that the properties
case where the partners have a legal impediment to were acquired with funds of the partnerships. In
marry each other. In this property regime, only the fact, even when the manner in which the
property acquired by them through their actual joint properties were acquired does not appear, the
contribution of money, property or industry shall be presumption will still apply. The presumption shall
owned by them in common and in proportion to their subsist in the absence of clear, satisfactory and
respective contributions. The registration of a convincing evidence to overcome the same.
property in the name of QuickTime™
the paramour and a
TIFF (Uncompressed) decompressor
who had no “Benefit to the family” must be direct and not just a
income whatsoever at the time of the donation by a
are needed to see this picture.
by-product or a spin-off of the loan itself. Where a
husband is tantamount to a donation which is void husband contracts obligations on behalf of the
under Article 87 of the Family Code. The paramour family business, the law presumes and rightly so
then holds the property under a constructive trust that such obligation will redound to the benefit of
under Article 1456 in favor of the conjugal the conjugal partnership.
partnership of the husband with the legitimate
spouse. Status of an illegitimate child who claimed to Rivera v. Heirs of Romualdo Villanueva G.R.
be an heir to a decedent’s estate could not be No. 141501 July 21, 2006
FACTS:

Page 23 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

From 1927 until her death in 1980, Pacita Gonzales ownership under Art. 144 of the Civil Code. Again,
cohabited with Romualdo Villanueva without the half should accrue to Pacita’s heirs and the other
benefit of marriage because the latter was married to half, to Romualdo.
Amanda Musngi who died in 1963. During the 53 Properties registered solely under Pacita’s name,
years of their cohabitation they acquired the several although acquired during their cohabitation,
properties contested in this case. accrue to the petitioners.
In July 1980, Pacita died without leaving a will. Properties acquired after Amanda’s death in 1963,
On August 1980, Romualdo and Angelina (said to be both those registered under their names and those
the illegitimate child of Pacita and Romualdo) registered in Pacita’s name, will be the only ones
executed a deed of extrajudicial partition with sale of governed by the rules on co-ownership pursuant
a number of properties of Pacita’s estate. Petitioners to Art. 144 of the Civil Code.
(Pacita’s half-brothers, etc.) filed a case for partition
of her estate and annulment of titles and damages. FRANCISCO VS. MASTER IRON 451 SCRA 494
In dismissing the complaint, the RTC made two FEBRUARY 16, 2005
findings: (1) Pacita was never married to Romualdo FACTS:
even after Amanda’s death, and (2) respondent Creditor levied on the property, which were
Angelina was Pacita’s illegitimate child by Romualdo alleged by wife to be solely owned by her, for the
and therefore her sole heir (to the exclusion of the debt of Mr. Francisco (husband). She later filed a
petitioners). CA affirmed. case for the annulment of their marriage on the
ground that Mr. Francisco was already married.
ISSUE:
Whether the real properties acquired during the HELD:
cohabitation of Pacita and Romualdo are equally For Article 148 of the Family Code to give rise to a
owned by them. co-ownership relation between parties, there must
be proof of actual joint contribution of money,
HELD: property or industry and only to the extent of their
NO. Pacita and Romualdo lived together without the proportionate share. Co-ownership may ensue in
benefit of marriage and therefore their property case of cohabitation where one party has pre-
relations were governed by Art. 144 of the Civil Code. existing valid marriage provided that the parties
However, the contending parties agreed that the prove their actual joint contribution of money,
relationship of Pacita and Romualdo was adulterous, property. Mrs. Francisco in this case failed to
at least until the death of Amanda in 1963. adduce preponderance of evidence that she
Because the cohabitation of Pacita and Romualdo contributed in the acquisition of the property and
from 1927 to 1963 was adulterous, their property hence is not a co-owner.
relations during those 36 years were not governed by
Art. 144 of the Civil Code which applies only if the HOMEOWNER SAVING & LOAN BANK VS.
couple living together is not in any way incapacitated MIGUELA DAILO, G.R. No. 153802, March 11,
from getting married. According to the doctrine laid 2005.
down by Juaniza v. Jose, no co-ownership exists Encumbrance or disposition of the community
between parties to an adulterous relationship. In property without the consent of the other spouse is
Agapay v. Palang, the Court expounded on this totally void. To say that it is void only as to the
doctrine by declaring that in such a relationship share of the spouse who did not give his consent
(adulterous), it is necessary for each of the and valid as to the share of the spouse who
partners to prove his or her actual contribution to contracted the encumbrance is erroneous.
the acquisition of property in order to be able to Benefit to the family must always be proven.
lay claim to any portionQuickTime™
of it. Presumptions
and a of co-
TIFF (Uncompressed) decompressor
ownership and equal contribution
are needed to see this do not apply.
picture.
CHAPTER 9: FAMILY
The only property acquired after Amanda’s death in
1963 and registered in the names of both Villanueva
FAMILY – basic social institution which public
and Gonzales was only one property. This is
policy cherishes and protects
governed by the rules on co-ownership pursuant to
Art. 144 of the Civil Code. Half of it should pertain to • Hence, no suit between members of the family
Pacita’s heirs and the other half, to Romualdo. The shall prosper unless compromise between
rest of the properties registered solely in Pacita’s parties has failed
name were also acquired after the death of Amanda
in 1963. These properties are governed by co- FAMILY RELATIONS INCLUDE:

Page 24 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

1. Between husband and wife • FH is deemed constituted from time of


2. Between parents and children actual occupation as a family residence
3. Among other ascendants and descendants • FH must be owned by person constituting
4. Among brothers and sisters, full or half blood. it
• FH must be permanent
NOTE: Suit between members of the same family – it • Rule applies to valid and voidable and
should appear from the verified complaint or petition even to common-law marriages under
that earnest efforts towards a compromise have Arts.147 and 148
been made but failed. Allegation of “earnest efforts” is • FH continues despite death of one or
JURISDICTIONAL, if it is absent, the court can more spouses or unmarried head of family
dismiss the case. BUT this rule is inapplicable to the for 10 years or as long as there is a minor
following cases: CLV-FJF beneficiary (Art.159)
1. Civil status of persons • Can only constitute one family home
2. Any ground for legal separation
3. Validity of marriage or legal separation BENEFICIARIES OF A FAMILY HOME
4. Future support 1. Husband and wife, or unmarried head of
5. Jurisdiction of courts the family
6. Future legitime 2. Parents (may include parent-in-laws),
ascendants, brothers and sisters
• Under the Family Code, a family home is (legitimate/illegitimate) living in the family
deemed constituted from the time it is home and dependent on head of family for
occupied as a family residence support
• Actual value of the family home shall not
exceed P300,000 in URBAN areas and SALE, ALIENATION, DONATION,
P200,000 in RURAL areas (Art.157) ASSIGNMENT, OR ENCUMBRANCE OF THE
FAMILY HOME
FAMILY HOME 1. The person who constituted the same
1. It is constituted must give his/her written consent
a. jointly by the husband and the 2. The spouse of the person who constituted
wife or the family home must also give his/her
b. by an unmarried head of the written consent
family 3. A majority of the beneficiaries of legal age
2. It is the dwelling house where they and must also give their written consent
their family reside, and the land on 4. In case of conflict, the court shall decide
which it is situated
REQUISITES FOR CREDITOR TO AVAIL OF
GENERAL RULE: (Art. 153) The family home (FH) is THE RIGHT TO EXECUTE: (Art. 160)
exempted from: 1. He must be a judgment creditor;
1. Execution 2. His claim is not among those excepted
2. Forced Sale under Art.155, and
3. Attachment 3. He has reasonable grounds to believe that
EXCEPTIONS: (Art. 155) the family home is worth more than the
1. Non-payment of taxes maximum amount fixed in Art. 157
2. Debts incurred prior to constitution of home
3. Debts secured by mortgages on the PROCEDURE:
QuickTime™ and a
premises TIFF (Uncompressed) decompressor
1. The creditor must file a motion in the court
are needed to see this picture.
4. Debts due laborers, mechanics, architects, proceeding where he obtained a favorable
builders, materialmen, and others who have for a writ of execution against the family
rendered service or furnished materials for home.
the construction of the building 2. There will be a hearing on the motion
NOTE: The exemption is limited to the value allowed where the creditor must prove that the
by the Family Code actual value of the family home exceeds
the maximum amount fixed by the Family
GUIDELINES: Code, either at the time of its constitution
or as a result of improvements introduced
thereafter its constitution.

Page 25 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

3. If the creditor proves that the actual value 1. born of marriages which are void ab initio
exceeds the maximum amount the court will such as bigamous and incestuous
order its sale in execution. marriages and void marriages by reason
4. If the family home is sold for more than the of public policy
value allowed, the proceeds shall be applied 2. born of voidable marriages born after the
as follows: decree of annulment
a. First, the obligations enumerated in
Art. 155 must be paid (listed above) ILLEGITIMATE CHILDREN
a. Then the judgment in favor of the Only children conceived AND born outside a
creditor will be paid, plus all the costs valid marriage (Art.164)
of execution
b. The excess, if any, shall be delivered WHO MAY IMPUGN THE LEGITIMACY OF A
CHILD:
CHAPTER 10: PATERNITY AND FILIATION 1. General Rule: Only the husband can
impugn the legitimacy of a child
CHILDREN BY ARTIFICIAL INSEMINATION ARE 2. Exceptions: The heirs of the husband may
CONSIDERED LEGITIMATE: impugn the child’s filiation in the following
1. The artificial insemination is made on the cases:
wife, not on another woman AND a. If the husband dies before the
2. The artificial insemination on the wife is done expiration of period for filing the
with the sperm of the husband, or of a donor, action
or both the husband and a donor AND b. If the husband dies after filing
3. The artificial insemination has been without desisting
authorized or ratified by both spouses on a c. If the child was born after the death
written instrument executed and signed by of the husband
them before the birth of the child, AND
4. The written instrument is recorded in civil Arnel Agustin v CA G.R. No. 162571, June 5,
registry together with the birth certificate of 2005
DNA Testing is a valid means of determining
LEGITIMATE CHILDREN paternity. It is not against the Constitutional right
Only children conceived OR born during a valid against self-incrimination nor against the right to
marriage (Art.164) privacy.
the child
EXCEPTIONS: Those children who are: Rosendo Herrera v Alba G.R. No. 148220 June
1. conceived as a result of artificial insemination 15, 2005)
2. born of a voidable marriage before decree of Trial Courts should require at least 99.9% as the
annulment minimum value of DNA Test Result on Probability
3. conceived or born before judgment of of Paternity prior to a paternity inclusion. This
annulment or absolute nullity under Art. 36 rebuttable presumption of paternity is subject to
(psychological incapacity) becomes final & the Vallejo Test
executory
4. conceived or born of a subsequent marriage People v. Vallejo G.R. No. 144656, May 9,
under Art. 53 (failure to record the judgment, 2002Æ doctrine reiterated in People v. Yatar
partition and distribution of properties, and G.R. No. 150224, May 19, 2004
delivery of children’s presumptive legitime) Vallejo Test: Factors to consider as to probative
QuickTime™ and a
5. of mothers TIFF
who may
(Uncompressed)have declared against
decompressor value of DNA evidence:
are needed to see this picture.
their legitimacy or was sentenced as an 1. how samples were collected
adulteress (Art.167) 2. how they were handled
6. legally adopted 3. possibility of contamination of samples
7. legitimated, conceived and born outside of 4. procedures followed in analyzing the samples
wedlock of parents without impediment at the 5. whether the proper standards and procedures
time of conception and who subsequently were followed in conducting the test
married 6. qualification of analyst who conducted the test

EXCEPTIONS: Those children who are:

Page 26 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

GERARDO CONCEPCION VS. COURT OF residence abroad, or vice-versa: within 3


APPEALS GR. NO. 123450 August 31, 2005 years
A child born inside a valid marriage is legitimate. NOTE: The period shall be counted from the
Hence a child born inside a bigamous marriage which knowledge of the child’s birth or its recording in
is void is the child of the first marriage which has not the civil register.
been nullified or annulled. • HOWEVER, if the child’s birth was
An agreement by parties as to the status of a child is concealed from or was unknown to the
void. Only the law determines legitimacy or husband or his heirs, the period shall be
illegitimacy. Thus, an admission in pleadings by the counted from the discovery or knowledge
wife and his second husband that the child is their of the birth of the child or of the act of
legitimate son cannot stand in the face of proof that registration of said birth, whichever is
the first valid marriage of the wife was not annulled earlier.
or nullified and hence the child is the legitimate child
in the eyes of the law of the first husband. NOTE: Legitimacy CANNOT be collaterally
Any declaration of the mother that her child is attacked or impugned. It can be impugned only in
illegitimate has no probative value. a direct suit precisely filed for the purpose of
assailing the legitimacy of the child.
GROUNDS TO IMPUGN THE LEGITIMACY OF THE
CHILD: (this list is EXCLUSIVE) PBA RULE ON STATUS OF A CHILD BORN WITHIN
1. It was physically impossible for the husband 300 DAYS AFTER TERMINATION OF FORMER
to have sexual intercourse with his wife MARRIAGE (Art.168):
within the first 120 days of the 300 days Rules in the absence of proof to the contrary:
which immediately preceded the birth of the 1. 1st Marriage: if the child was born before
child because of: the lapse of 180 days after celebration of
a. Physical incapacity of the husband to 2nd marriage provided born within 300
have sexual intercourse with his wife days after the termination of the 1st
b. The fact that the husband and wife marriage
were living separately in such a way
that sexual intercourse was not
possible, or Provided within 300
c. Serious illness of the husband which
X
absolutely prevented intercourse
2. If its proved that for biological or other 180 days
scientific reasons, the child could not have
been that of the husband, except in the case st
1 Marriage
nd
2 Marriage
of children conceived through artificial Ends Begins
insemination
X = conceived during former marriage
3. In case of children conceived through
artificial insemination, when the written
authorization or ratification of either parent
was obtained through mistake, fraud, 2. 2nd Marriage: If the child was born after
violence, intimidation, or undue influence 180 days following the celebration of the
2nd marriage whether born within 300 days
PERIODS FOR FILING OF ACTION TO IMPUGN after termination of 1st marriage or
LEGITIMACY: afterwards
1. If the husband (orQuickTime™
his heirs, and a in proper cases)
TIFF (Uncompressed) decompressor
resides in the SAME
are needed city
to see this picture.or municipality:

within 1 year from knowledge of the birth OR


its recording in the civil register
2. If the husband (or his heirs) does not reside
in the city or municipality where the child’s
birth took place or was recorded but his
residence is IN THE PHILIPPINES: within 2
years
3. If the child’s birth took place or was recorded
in the Philippines while the husband has his

Page 27 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

continuous and clear manifestations of parental


affection and care, which cannot be attributed to
Even if within 300 days pure charity. Such acts must be of such a nature
that they reveal not only the conviction of
X paternity, but also the apparent desire to have and
180 days
treat the child as such in all relations in society
and in life, not accidentally, but continuously.
st nd
1 Marriage 2 Marriage
Ends Begins CABATANIA vs. COURT OF APPEALS 441
SCRA 96 (2004)
X = conceived during subsequent marriage A certificate of live birth purportedly identifying the
putative father is not competent evidence of
paternity when there is no showing that the
putative father had a hand in the preparation of
PROOF OF FILIATION said certificate. The local civil registrar has no
GENERAL RULE: (Art.172) Filiation of legitimate (or authority to record the paternity of an illegitimate
illegitimate) children is established by any of the child on the information of a third person. While a
following: baptismal certificate may be considered a public
1. The record of birth appearing in the civil document, it can only serve as evidence of the
register or a final judgment; or administration of the sacrament on the d ate
2. An admission of legitimate (or illegitimate) specified but not the veracity of the entries with
filiation in a public document or a private respect to the child’s paternity. Thus, certificates
handwritten instrument and signed by the issued by the local civil registrar and baptismal
parent concerned certificates are per se inadmissible in evidence as
EXCEPTION: (Para. 2, Art.172) proof of filiation and they cannot be admitted
In the absence of these evidences, the legitimate indirectly as circumstantial evidence to prove the
filiation may be proved by: same.
3. Open and continuous possession of the The fact that Florencia’s husband is living and
status of a legitimate (or illegitimate) child there is a valid subsisting marriage between them
4. Any other evidence allowed by the Rules of gives rise to the presumption that a child born
Court and special laws within marriage is legitimate even though mother
IMPORTANT: For illegitimate children Æ when the may have declared against legitimacy.
action is based on the para. 2 of Art. 172, the action Presumption of legitimacy doesn’t flow out of a
may be brought ONLY during the lifetime of the declaration in statute but is based on broad
alleged parent. principles of natural justice.

Mendoza v. Court of Appeals G.R. No. 86302, Sep. ECETA vs. ECETA 428 SCRA 204 (2004)
24, 1991 The due recognition of an illegitimate child in a
Continuous does not mean that the concession of record of birth, a will, a statement before a court of
status shall continue forever but only that it shall not record, or in any authentic writing is, in itself, a
be of an intermittent character while it continues. The consummated act of acknowledgement of the
possession of such status means that the father has child, and no further court action is required. In
treated the child as his own, directly and not through fact, any authentic writing is treated not just a
others, spontaneously and without concealment ground for compulsory recognition; it is in itself a
though without publicity. There must be a showing of voluntary recognition that does not require a
permanent intention of QuickTime™
the supposed and a
TIFF (Uncompressed) decompressor
father to separate action for judicial approval.
consider the child as his own by continuous
are needed to see this picture. and clear
manifestation of paternal affection and care. Rivera v. Heirs of Romualdo Villanueva G.R.
No. 141501, July 21, 2006
Jison v. Court of Appeals G.R. No. 124853 Feb.
24, 1998 FACTS:
To prove open and continuous possession of the From 1927 until her death in 1980, Pacita
status of an illegitimate child, there must be evidence Gonzales cohabited with Romualdo Villanueva
of the manifestation of the permanent intention of the without the benefit of marriage because the latter
supposed father to consider the child as his, by was married to Amanda Musngi who died in 1963.
During the 53 years of their cohabitation they

Page 28 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

acquired the several properties contested in this biological daughter, nor even her adopted
case. daughter. Thus, she cannot inherit from Pacita.
In July 1980, Pacita died without leaving a will. Since she could not have validly participated in
On August 1980, Romualdo and Angelina (said to be Pacita’s estate, the extrajudicial partition which
the illegitimate child of Pacita and Romualdo) she executed with Romualdo was invalid.
executed a deed of extrajudicial partition with sale of
a number of properties of Pacita’s estate. Petitioners ACTION TO CLAIM LEGITIMACY:
(Pacita’s half-brothers, etc.) filed a case for partition 1. The child can bring the action during his
of her estate and annulment of titles and damages. lifetime
In dismissing the complaint, the RTC made two 2. If the child dies after reaching majority
findings: (1) Pacita was never married to Romualdo without filing an action, his heirs can
even after Amanda’s death, and (2) respondent longer file the action after death
Angelina was Pacita’s illegitimate child by Romualdo 3. If the child dies during minority in the state
and therefore her sole heir (to the exclusion of the of insanity, his heirs can file the action for
petitioners). CA affirmed. him within 5 years form the child’s death
4. If the child dies after commencing the
ISSUE: action, the action will survive and his heirs
Whether Angelina is entitled to inherit from Pacita. will substitute for him
5. If the child is a minor, incapacitated or
HELD: insane, his guardian can bring the action
NO. Both the TC and the CA ruled that Angelina was in his behalf
the illegitimate daughter of the decedent, based
solely on her birth certificate. The CA found this to be RIGHTS OF LEGITIMATE AND ILLEGITIMATE
adequate proof that respondent Angelina was CHILDREN
Pacita's illegitimate child. However, a closer LEGITIMATE ILLEGITIMATE
examination of the birth certificate reveals that Use of mother’s
respondent Angelina was listed as adopted by both surname
Pacita and Romualdo. NOTE: RA 9255
Use of father
The mere registration of a child in his or her birth amended Art.176
Surname and mother’s
certificate as the child of the supposed parents is of FC as of
surname
March 19, 2004
not a valid adoption, does not confer upon the Æ can use
child the status of an adopted child and the legal father’s surname
rights of such child, and even amounts to Entitled to
simulation of the child’s birth or falsification of his or legitime and
her birth certificate, which is a public document. other Entitled only to ½
In Benitez-Badua v. CA, it is well-settled that a Legitime successional of legitime of
record of birth is merely a prima facie evidence of rights granted to legitimate child
the facts contained therein. It is not conclusive them by the
evidence of the truthfulness of the statements NCC
made there by the interested parties. Following the Entitled to
receive support
logic of Benitez, Angelina should have adduced from parents, Receive support
evidence of her adoption, in view of the contents of ascendants, and according to the
her birth certificate. The records, however, are bereft Support
in proper cases, provision of the
of any such evidence. brothers and FC
There are crucial differences between Benitez-Badua sisters under
and this case which QuickTime™ ineluctably and a
support the Art.174
conclusion that Angelina was
TIFF (Uncompressed) not Pacita's
decompressor
are needed to see this picture.
daughter, • His/her whole
whether illegitimate or adopted. Pacita, unlike lifetime
Benitez-Badua's alleged mother Chipongian, was not regardless of
His/her whole
only 36 years old but 44 years old, and on the verge type of proofs
Action for lifetime
provided
of menopause at the time of the alleged birth. Unlike claim for regardless of
under Art.172
Chipongian who had been married to Vicente Benitez legitimacy or type of proofs
para. 1
for only 10 years, Pacita had been living childless illegitimacy provided under
• ONLY lifetime
with Romualdo for 20 years. Under the Art.172
of alleged
circumstances, we hold that it was not sufficiently parent for
established that respondent Angelina was Pacita’s Art.172 para.

Page 29 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
2 accrues (death of parents of legitimated
Transmissible child)
to heirs under Yes No
Art.173? CHAPTER 11: ADOPTION
No right to inherit
ab intesto from
R.A. 8552: DOMESTIC ADOPTION ACT
legitimate
Right to inherit children and
Yes WHO MAY ADOPT: Any person provided he is:
ab intesto relative of father
and mother 1. FILIPINO CITIZEN
under Art.992 of a. of legal age
NCC b. in possession of full civil capacity
and legal rights
IMPORTANT: c. of good moral character
• Use the surname of the mother if the requisites of d. has not been convicted of any
RA 9255 are not complied with crime involving moral turpitude,
• Use the surname of the father (RA 9255, Sec. 1, emotionally and psychologically
effective March 19, 2004) capable of caring for children,
e. At least 16 years older than the
person to be adopted, unless:
i. The adopter is the natural
parent of the child to be
adopted, or
ii. The adopter is the spouse
R.A. No. 9255 of the legitimate parent of
Illegitimate children may use the surname of their the person to be adopted
father if their filiation has been expressly recognized f. In possession of full civil capacity
by the father, either through: and legal rights
1. record of birth in civil register g. In a position to support and care
2. father’s admission in public document for his legitimate and illegitimate
3. father’s admission in private handwritten children, in keeping with the
document means of the family
The father under RA 9255, Sec. 1 has the right to file 2. ALIEN
an action to prove non-filiation during his lifetime. a. possessing the same
qualifications as above stated for
Filipino nationals
LEGITIMATED CHILDREN b. his/her country has diplomatic
relations with the Philippines
REQUISITES FOR LEGITIMATION: c. he/she has been living in the
1. The child was conceived and born outside of Philippines for at least 3
wedlock; continuous years prior to the filing
2. The parents, at the time of child’s conception, of the application for adoption and
were not disqualified by any impediment to maintains such residence until the
marry each other adoption decree is entered
3. There is a valid marriage subsequent to the EXCEPT when:
child’s birth i. a former Filipino citizen
QuickTime™ and a
who seeks to adopt a
• LegitimationTIFFare
(Uncompressed) decompressor
takes
needed place by the subsequent
to see this picture.
relative within the 4th
marriage of the child’s parents degree of consanguinity
• Effect of legitimation: or affinity; or
- Confers on the child the rights of ii. one who seeks to adopt
legitimate children the legitimate child of
- Retroacts to the time of the child’s his/her Filipino spouse; or
birth iii. one who is married to a
• Legitimation may be impugned only by those Filipino citizen and seeks
who are prejudiced in their rights within 5 to adopt jointly with
years from the time the cause of action his/her spouse a relative

Page 30 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

within the 4th degree of 4. Illegitimate children of the adopter, 10


consanguinity or affinity of years old or over and living with him
the Filipino spouse; or 5. Spouse of the adopted, if married
3. GUARDIAN - with respect to the ward after 6. Spouse of the adopter, if married
the termination of the guardianship and 7. Adopted children of the adopter, 10 years
clearance of his/her financial accountabilities old or over

PRE-ADOPTION SERVICES EFFECTIVITY OF DECREE OF ADOPTION


The DSWD shall provide for the following services: • A decree of adoption effective as of the
1. counseling services for the biological date the original petition was filed. Also
parents, prospective parents, and apply in case the petitioner dies before the
prospective adoptee issuance of the decree of adoption to
2. exhaust all efforts to locate the biological protect the interest of the adoptee
parents, if unknown
Tamargo v Court of Appeals G.R. No. 85044,
RULE ON ADOPTION BY SPOUSES June 3, 1992
GENERAL RULE: Husband and wife shall jointly Where the petition for adoption was granted after
adopt the child had shot and killed a girl, the Supreme
EXCEPTION: Court did not consider that retroactive effect may
1. one spouse seeks to adopt the legitimate be given to the decree of adoption so as to impose
son/daughter of the other; or a liability upon the adopting parents accruing at a
2. one spouse seeks to adopt his/her own time when adopting parents had no actual or
illegitimate son/daughter physically custody over the adopted child.
3. the spouses are legally separated from each Retroactive affect may perhaps be given to the
other. granting of the petition for adoption where such is
essential to permit the accrual of some benefit or
WHO MAY BE ADOPTED advantage in favor of the adopted child. In the
1. Any person below 18 years of age who has instant case, however, to hold that parental
been administratively or judicially declared authority had been retroactively lodged in the
available for adoption; adopting parents so as to burden them with
2. legitimate son/daughter of one spouse by the liability for a tortious act that they could not have
other spouse; foreseen and which they could not have prevented
3. illegitimate son/daughter by a qualified would be unfair and unconscionable.
adopter to improve his/her status to that of
legitimacy; EFFECTS OF ADOPTION:
4. person of legal age if, prior to the adoption, 1. Severance of all legal ties between the
said person has been consistently biological parents and the adoptee and
considered and treated by the adopter as the same shall then be vested on the
his/her own child since minority; adopters EXCEPT in cases where the
5. child whose adoption has been previously biological parent is the spouse of the
rescinded; or adopter
6. child whose biological or adoptive parents 2. Deemed a legitimate child of the adopter
have died provided that no proceedings shall 3. Acquired reciprocal rights and obligations
be initiated within 6 months from the time of arising from parent-child relationship
death of said parents. 4. Right to use surname of the adopter
QuickTime™ and a 5. In legal and intestate succession, the
WRITTEN CONSENT NECESSARY
TIFF (Uncompressed) FOR
decompressor
are needed to see this picture. adopters and the adoptee shall have
ADOPTION: A-BLISS-A reciprocal rights of succession without
1. Adoptee, if 10 years of age or over; distinction from legitimate filiation.
2. Biological parents of the child, if known, or However, if the adoptee and his/her
the legal guardian, or the proper government biological parents had left a will, the law
instrumentality which has legal custody of the on testamentary succession shall govern.
child;
3. Legitimate children of the adopter, 10 years
old or over

Page 31 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

LEGALLY-FREE CHILD is a child who has WHO MAY BE ADOPTED:


been voluntarily or involuntarily committed to Only a legally free child may be the subject of
the Department, in accordance with the Child inter-country adoption
and Youth Welfare Code • No child shall be matched to a foreign
adoptive family unless it is satisfactorily
GROUNDS FOR RECISSION OF ADOPTION: shown that the child cannot be adopted
MASA locally
1. repeated physical and verbal maltreatment
by the adopters despite having undergone WHO MAY ADOPT:
counseling An alien or a Filipino citizen permanently residing
2. attempt on the life of the adoptee abroad may file an application for inter-country
3. sexual assault or violence adoption of a Filipino child if:
4. abandonment and failure to comply with 1. at least 27 years of age and at least 16
parental obligations. years older than the child to be adopted,
• Adoption, being in the best interest of the at the time of application unless the
child, shall not be subject to rescission by adopter is the parent by nature of the child
the adopter to be adopted or the spouse of such
• Only the adoptee is given the right to rescind parent
the decree of adoption 2. if married, his/her spouse must jointly file
for the adoption
• However, the adopters may disinherit the
3. has the capacity to act and assume all
adoptee for causes provided in Art. 919 of
rights and responsibilities of parental
the NCC
authority under his national laws, and has
undergone the appropriate counseling
EFFECTS OF THE RESCISSION OF THE
from an accredited counselor in his/her
ADOPTION:
country
1. The parental authority of the adoptee's
4. has not been convicted of a crime
biological parents, if known, OR the legal
involving moral turpitude
custody of the DSWD shall be restored if the
5. eligible to adopt under his/her national law
adoptee is still a minor or incapacitated.
6. in a position to provide the proper care
2. The reciprocal rights and obligations of the
and support and to give the necessary
adopters and the adoptee to each other shall
moral values and example to all his
be extinguished.
children, including the child to be adopted
3. The court shall order the Civil Registrar to
7. agrees to uphold the basic rights of the
cancel the amended certificate of birth of the
child as embodied under Philippine laws,
adoptee and restore his/her original birth
the U.N. Convention on the Rights of the
certificate.
Child, and to abide by the rules and
4. Succession rights shall revert to its status
regulations issued to implement the
prior to adoption, but only as of the date of
provisions of this Act
judgment of judicial rescission. Vested rights
8. comes from a country with whom the
acquired prior to judicial rescission shall be
Philippines has diplomatic relations and
respected.
whose government maintains a similarly
authorized and accredited agency and
In the Matter of the Adoption of Stephanie Nathy that adoption is allowed under his/her
Astorga Garcia G.R. No. 148311 March 31, 2005 national laws
QuickTime™ and a
An illegitimate child adopted
TIFF (Uncompressed) by the natural father
decompressor
9. possesses all the qualifications and none
are needed to see this picture.
may use the surname of the natural mother. of the disqualifications provided herein
and in other applicable Philippine laws
R.A. 8043: INTER-COUNTRY ADOPTION ACT OF
1995 INTER-COUNTRY ADOPTION BOARD
• act as the central authority in matters relating
INTER-COUNTRY ADOPTION refers to the to inter-country adoption
socio-legal process of adopting a Filipino child • ensure that all possibilities for adoption of the
by a foreigner or a Filipino citizen permanently child under the Family Code have been
residing abroad where the petition is filed, the
supervised trial custody is undertaken, and the
decree of adoption is issued outside the Page 32 of 297
Philippines
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

exhausted and that inter-country adoption is in 1. If the one asking for support is below
the best interest of the child. majority age, he is entitled to support from
his illegitimate brother or sister to the full
TRIAL CUSTODY extent, without any condition (e.g. even if
• The trial custody shall be for a period of 6 months cause is imputable to him)
from the time of placement. 2. If the one asking for support is already of
• Starts upon actual physical transfer of the child to majority age, he is entitled to support only
the applicant who, as actual custodian, shall if his need for support is not due to a
exercise substitute parental authority over the cause imputable to his fault or negligence
person of the child
• The adopting parents shall submit to the PROPERTIES ARE LIABLE FOR THE
governmental agency or the authorized and SUPPORT OF THE RELATIVES (SOURCES OF
accredited agency, which shall in turn transmit a MUTUAL SUPPORT)
copy to the Board, a progress report of the child's absolute community or conjugal
Spouses
adjustment. The progress report shall be taken property
into consideration in deciding whether or not to Common children absolute community or conjugal
of the spouses property
issue the decree of adoption.
Children of a
absolute community or conjugal
spouse by
CHAPTER 12: SUPPORT property
another marriage
Under the system of absolute
SUPPORT: community, separate property of
Consists of everything indispensable for: the parent-spouse
1. Sustenance
if the same is insufficient or there
2. Dwelling is no such property, the absolute
3. Clothing community is liable but the
4. Medical attendance support is considered as
5. Education – includes schooling or advances on the share of the
training for some profession, trade or parent to be paid by him to the
vocation, even beyond the age of community at the time of
majority liquidation
6. Transportation – includes expenses Under the system of conjugal
going to and from school, or to and partnership, separate property of
Illegitimate
the parent-spouse
from place of work children of either
spouse
if the same is insufficient or there
NOTE: Amount of support shall be in proportion to is no such property, the conjugal
the means of the giver and to the need of the property is liable if financially
recipient capable, but the support paid to
the child shall be deducted from
the share of the parent-spouse at
PERSONS OBLIGED TO SUPPORT EACH OTHER the time of liquidation of the
TO THE WHOLE EXTENT: partnership
1. Spouses separate property of the obligor-
2. Legitimate ascendants and descendants Legitimate spouse
3. Parents and their legitimate children and the ascendants, other
children of the latter (legitimate or legitimate and if the same is not sufficient or
illegitimate) illegitimate there is none, the absolute
QuickTime™ and a
4. Parents andTIFFtheir illegitimate
(Uncompressed) children and the
decompressor descendants, and community or conjugal property
are needed to see this picture. legitimate and shall be liable if financially
children of the latter (legitimate or
illegitimate capable, which support shall be
illegitimate) brothers and deducted from the share of the
5. Legitimate brothers and sisters whether full sisters spouse upon liquidation of the
or half-blood ACP or CPG

RULES REGARDING SUPPORT TO ORDER OF LIABILITY IF 2 OR MORE ARE


ILLEGITIMATE BROTHERS AND SISTERS OBLIGED TO SUPPORT:
(WHETHER FULL OR HALF BLOOD): 1. Spouse
2. Descendants in nearest degree

Page 33 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

3. Ascendants in nearest degree on Art 153


4. Brothers and sisters CHILDREN
• When the obligation to give support falls From the
From the From the
upon two or more persons, the payment of separate
community community
the same shall be divided between them in property of the
property property
proportion to the resources of each. spouses
• However, in case of urgent need and by
special circumstances, the judge may order OPTIONS OF THE PERSON GIVING SUPPORT:
only one of them to furnish the support 1. To give a fixed monthly allowance; or
provisionally, without prejudice to his right to 2. To receive and maintain the recipient in
claim from the other obligors the share due the giver's home or family dwelling
from them. EXCEPTION: when there is a
• When two or more recipients at the same legal or moral obstacle thereto
time claim support from one and the same
CONTRACTUAL
person legally obliged to give it, and the LEGACY OF SUPPORT
SUPPORT
obligor does not have sufficient means to Based on contract, so it
satisfy all claims: Based on law
can be between strangers
- the order established in the preceding Not exempt from
article shall be followed: attachment and execution
a. Spouse because it is not a legal
b. Descendants in nearest degree obligation
c. Ascendants in nearest degree
d. Brothers and sisters EXCEPTION: if the giver
Exempt from execution
- if the concurrent obligees should be the contracts with a person
and attachment
whom he is obliged by law
spouse and a child subject to parental
to support, in which case
authority, the child shall be preferred only the excess of what is
obliged (based on need)
SOURCES OF SUPPORT can be attached or
DURING THE PENDING AFTER subject to execution
MARRIAGE LITIGATION LITIGATION Follow rules of contracts
SPOUSES which says that obligation
From the must be fulfilled (support
If contained in a will, apply
community must be given) no matter
the rules of contractual
property assets what happens (even if you
support because there is
except if Art. lose your job). BUT if the
no more obligation of
203 applies, change in circumstances
support to speak of since
that if the are manifestly beyond
the giver is already dead
claimant that contemplation of the
spouse is the parties, support may be
guilty spouse, adjusted accordingly
he/she will not
No obligation to
be entitled to LAM vs. CHUA 426 SCRA 29 (2004)
support except
support. Judgment of support is always provisional in
if there is legal
From the
if the spouses
separation, in character. Res Judicata does not apply. The
community which case the lower court cannot grant a petition based on
are under
property court may grounds, such as bigamy, which was not alleged
conjugal
require the in the petition. Such a decision based on grounds
partnership of
QuickTim e™ and
TIFF (Uncompressed) decoguilty
a
mpressorspouse to
gains, support
are needed to see this picture. not alleged in the petition is void on the ground of
give support
is considered no jurisdiction. However, if the lower court’s void
an advance of decision is not assailed on appeal which dealt only
such spouses' with the matter of support, the losing party is now
share; the rule estopped from questioning the declaration of
does not apply
if the spouses
nullity and the Supreme Court will not undo the
are under judgment of the RTC declaring the marriage null
absolute and void for being bigamous. It is axiomatic that
community of while a jurisdictional question may be raised at
property, based

Page 34 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

any time, this however, admits of an exception where surviving court appoints a guardian over the
estoppel has supervened. parent child
parent designated by the court
CHAPTER 13: PARENTAL AUTHORITY
The court shall take into account all
separation of
relevant considerations, especially
parents
PARENTAL AUTHORITY (PATRIA the choice of the child over 7 years
(Art. 213)
POTESTAS) is the mass of rights and old, unless the parent is unfit
obligations which parents have in relation to GENERAL RULE: A child under 7
the person and property of their children until years of age shall not be separated
from the mother UNLESS the court
their emancipation, and even after under
finds compelling reasons to order
certain circumstances. otherwise.

CHARACTERISTICS OF PARENTAL AUTHORITY: Paramount consideration in matters


1. It is a natural right and duty of the parents of custody of a child is the welfare
(Art. 209) and well-being of the child (Tonog
2. It cannot be renounced, transferred or v. Court of Appeals G.R. No.
waived, except in cases authorized by law 122906, Feb. 7, 2002)
(Art 210) • In case of death, absence or unsuitability
3. It is jointly exercised by the father and the of both parents, the surviving grandparent
mother (Art. 211) shall exercise substitute parental authority
4. It is purely personal and cannot be exercised (Art. 214)
through agents
5. It is temporary IN THE MATTER OF APPLICATION FOR THE
ISSUANCE OF A WRIT OF HABES CORPUS ,
RULES AS TO THE EXERCISE OF PARENTAL RICHARD BRIAN THORTNTON FOR AND
AUTHORITY: BEHALFO OF MINOR SEQUEIRA JENNIFER
1. The father and the mother shall jointly DELLE FRANCISCO THORNTON 436 SCRA 550
exercise parental authority over the persons (2004)
of their common children. In case of FACTS:
disagreement, the father's decision shall The Family Courts Act of 1997 gave family courts
prevail, unless there is a judicial order to the exclusive original jurisdictions over petitions for
contrary (Art.211) habeas corpus. It then impliedly repealed the act
2. If the child is illegitimate, parental authority is which expands the jurisdiction of the CA and the
with the mother. Judiciary Reorganization Act. The Family Code
Act also provides that family courts shall have
BRIONES vs. MIGUEL 440 SCRA 455 (2004) exclusive original jurisdiction to hear and decide
An illegitimate child shall be under the parental petitions for guardianship, custody of children,
authority of the mother regardless of whether the habeas corpus in relation to the latter. Under this
father amidst paternity. The recognition of an Act, the avowed policy of the State is to “protect
illegitimate child by the father could be a ground for the rights and promote the welfare of children.”
ordering the latter to give support to, but not custody The creation of the FC is geared towards
of, the child, The law explicitly confers to the mother addressing 3 major issues regarding children’s
sole parental authority over an illegitimate child; it welfare cases x x x. Since the primordial
follows that only if she defaults can the father consideration is the best interests of the child, the
assume custody and authority over the minor, Of CA and CA are not divested of their jurisdiction
QuickTime™ and a
course, the putative father
TIFF (Uncompressed) may adopt his own
decompressor over habeas corpus cases involving the custody of
are needed to see this picture.
illegitimate child; in such a case, the child shall be minors.
considered legitimate child of the adoptive parent.
HELD:
WHO EXERCISES PARENTAL AUTHORITY The Family Court Law ( RA 8369) when it referred
absence of to the exclusive jurisdiction of the Family Court to
parent present take cognizance of Habeas Corpus cases did not
either parent
death of either repeal RA 7092 and BP 129 also giving
surviving parent
parent jurisdiction to the Court of Appeals and the
remarriage of still the surviving parent, unless the

Page 35 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Supreme Court to take cognizance of Habeas Corpus 2. The parents and judicial guardians of the
cases. minor or those exercising substitute
The Family Courts have concurrent jurisdiction with parental authority over the minor are
the Court of Appeals and the Supreme Court in subsidiarily liable for said acts and
petitions for habeas corpus where the custody of omissions of the minor.
minors is at issue.
To make the Family Court the only court that could DISTINCTION BETWEEN SUBSTITUTE AND
hear habeas corpus case involving minors will result SPECIAL PARENTAL AUTHORITY
in an iniquitous situation, leaving individuals like SUBSTITUTE
SPECIAL PARENTAL
petitioner without legal recourse in obtaining custody PARENTAL
AUTHORITY
of their children. Individuals who do not know the AUTHORITY
whereabouts of minors they hare looking for would be It is exercised
concurrently with the
helpless since they cannot seek redress from family
parental authority of the
courts whose writs are enforceable only in their It is exercised in case of
parents and rest on the
respective territorial jurisdictions. Thus if a minor is death, absence, or if
theory that while the child
being transferred from one place to another, which unsuitability of parents.
is in the custody of the
seems to be the case here, the petitioner in a habeas Hence, it is not exercised
person exercising special
by the parents of parental
corpus case will be left without legal remedy, This parental authority, the
authority over the minor
lack of recourse could not have been the intention of parents temporarily
children.
the lawmakers when they passed the Family Court relinquish parental
act of 1997. authority over the child to
the latter
ORDER OF SUBSTITUTE PARENTAL
LIABILITY OF PARENTS FOR TORTS
AUTHORITY:
COMMITTED BY THEIR MINOR CHILDREN:
1. The surviving grandparent
• Parents and other persons exercising
2. The oldest brother or sister, over 23 years
parental authority shall be civilly liable for
old, unless unfit or disqualified
the injuries and damages caused by the
3. The child's actual custodian, over 21 years
acts or omissions of their minor
old, unless unfit or disqualified
PROVIDED the children are living in their
company and under their parental
• In case of foundlings, abandoned children,
authority
neglected children, or abused children,
• This is subject to the appropriate defenses
summary judicial proceedings shall be
provided by law
instituted so that they may be entrusted to:
a. Heads of children’s homes
NOTES:
b. Orphanages, or
c. Similar institutions duly accredited by • Parental authority and responsibility are
the proper government agency (Art. inalienable and may not be transferred
217) and renounced except in cases authorized
by law
PERSON EXERCISING SPECIAL PARENTAL • Parents may exercise parental authority
AUTHORITY: over their child’s property
1. school
2. administrators and teachers EFFECT OF PARENTAL AUTHORITY UPON
3. individual, entity, or institution engaged in THE PROPERTY OF THE CHILD:
child care 1. The father and mother shall jointly
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
exercise legal guardianship over the
LIABILITY OF THOSE EXERCISING SPECIAL property of the minor child without court
PARENTAL AUTHORITY OVER THE CHILD: appointment
1. They are principally and solidarily liable for 2. In case of disagreement, the father’s
damages caused by the acts or missions of decision shall prevail, unless there is
the child while under their supervision, judicial order to the contrary
instruction or custody. HOWEVER, this 3. If the market value of the property or the
liability is subject to the defense that the annual income of the child exceeds
person exercising parental authority P50,000, the parent is required to furnish
exercised proper diligence.

Page 36 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

a bond of not less than 10% of the value of c. Ascendants in nearest degree
the child’s property or income d. Brothers and sisters
2. the funeral shall be in keeping with the
GROUNDS FOR SUSPENSION OF PARENTAL social position of the deceased
AUTHORITY: CHOBA 3. the funeral shall be in accordance with the
1. Conviction of parent for crime without civil expressed wishes of the deceased
interdiction a. in the absence of expressed
2. Treats child with excessive harassment and wishes, his religious beliefs or
cruelty affiliation shall determine
3. Gives corrupting orders, counsel or example b. in case of doubt, the persons in
4. Compels child to beg Art. 199 of FC shall decide
5. Subjects to or allows acts of lasciviousness 4. any person who disrespects the dead or
NOTE: The suspension or deprivation may be allows the same shall be liable for
revoked and the parental authority revived in a case damages
filed for the purpose or in the same proceeding if the
court finds that the cause therefore has ceased and CHAPTER 15: USE OF SURNAME
will not be repeated
CHILD CONCERNED SURNAME TO BE USED
GROUNDS FOR THE PERMANENT TERMINATION Legitimate child Father’s surname
OF PARENTAL AUTHORITY : Legitimated child Father’s surname
1. Death of parents Adopted child Adopter’s surname
2. Death of child Mother’s surname/
3. Emancipation of child Father’s name if requisites
Illegitimate child
of R.A. 9255 are complied
4. Parents exercising parental authority has
with
subjected the child or allowed him to be Conceived prior to the
subjected to sexual abuse Father’s surname
annulment of the marriage
Conceived after the
Mother’s surname
Jocelyn Pablo Gualberto vs. Crisanto Rafaelito annulment of the marriage
Gualberto G.R. No. 154994 June 28, 2005
Lesbianism is not compelling reason to deprive the WIFE SURNAME TO BE USED
mother of a child below seven years of age. a. first name and maiden
To deprive the wife custody, the husband must name + her husband’s
clearly establish that her moral lapses have had an surname
adverse effect on the welfare of the child or have e.g. Lena Hipolito
Santiago
distracted the offending spouse from exercising b. first name + her
proper parental care. husband’s surname
Writ of habeas corpus have no leg to stand on to e.g. Lena Santiago
deprive the mother of a child below seven years of c. her husband’s full name,
Valid marriage (before
age, unless there are compelling reasons to do so. but prefixing a word
the husband dies)
indicating that she is his
Art. 370
CASES WHERE PARENTAL AUTHORITY MAY BE wife
e.g. Mrs. Benito
REVIVED: Æ TEMPORARY
Santiago
1. Adoption of child d. retain the use of her
2. Appointment of general guardian maiden name (use of
3. Judicial declaration of abandonment husband’s surname is
4. Final judgment divesting
QuickTime™parental
and a authority not a duty but merely an
TIFF (Uncompressed) decompressor
5. Judicial declaration
are needed toof
seeabsence
this picture. or incapacity option of the wife)
or person exercising parental authority e.g. Lena Hipolito
Marriage wife is the she shall resume using her
CHAPTER 14: FUNERAL is guilty party maiden name

GENERAL GUIDELINES:
1. duty and right to make arrangement in
funerals in accordance with Art. 199 of FC:
a. Spouse
b. Descendants in nearest degree

Page 37 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

needs court order legitimated


Change of first name
or nickname

PROCEDURAL REQUIREMENTS FOR A


PETITION FOR CHANGE OF NAME:
1. 3 years residency in the province where
change is sought prior to the filing
2. must not be filed within 30 days prior to
an election
3. the petition must be verified
she shall continue using the
name and surname she was PROPER AND REASONABLE CAUSES THAT
Legally separated employing prior to the legal
MAY WARRANT THE GRANT OF A PETITION
(Art.372) separation (Laperal v.
FOR CHANGE OF FIRST NAME/NICKNAME:
Republic 6 SCRA 357
1. the petitioner’s true and official name is
[1962])
ridiculous;
Divorce (at least if they
choices: same as widowed 2. the petitioner’s true and official name is
allow it later or for
spouse (may used deceased tainted with dishonor
those who got divorced
husband’s surname) Æ Art. 3. the petitioner’s true and official name is
during the Japanese
373
occupation) extremely difficult to write or pronounce
4. new first name or nicknamed has been
IDENTITY OF NAMES AND SURNAMES habitually and continuously used by the
Younger person is obliged to petitioner and he has been publicly known
BETWEEN by the first names and nicknames in the
use such additional name OR
PERSONS (Art. community
surname as will avoid
374) 5. when the change is necessary to avoid
confusion
1. son may use the word confusion
“Junior” 6. when the request for change is a
e.g. Benito Santiago, Jr. consequence of a change of status, such
2. grandsons and other male as when a natural child is acknowledged
descendants, shall either : or legitimated
a. add a middle name
BETWEEN e.g. Benito Manuel ELEMENTS OF USURPATION OF NAME:
ASCENDANTS Santiago 1. there is an actual use of another's name
AND b. add the mother’s by the defendant
DESCENDANTS surname 2. the use is unauthorized
(Art. 375) e.g. Benito Hipolito 3. the use of another's name is to designate
Santiago personality or to identify a person
c. add the Roman
numerals II, III, and so REMEDIES AVAILABLE TO THE PERSON
on WHOSE NAME HAS BEEN USURPED:
e.g. Benito 1. civil (insofar as private persons are
Santiago II concerned)
a. injunction
CIVIL REGISTER and QuickTime™
COURTandPROCEEDING
a b. damages (actual and moral)
TIFF (Uncompressed) decompressor
are needed to see this picture. 2. criminal (when public affairs are
COURT prejudiced)
CIVIL REGISTER
PROCEEDING
Clerical or Change of surname WHEN USE OF ANOTHER'S NAME IS NOT
typographical error EXCEPT when the ACTIONABLE:
- e.g. misspelled request for change is a Used as stage, screen, or pen name, provided:
name, misspelled consequence of a 1. use of name is in good faith; and
birth of place change of status, such 2. by using the name of another, no injury is
- NOT nationality, as when a natural child caused to that person's right (Dean)
age, status, sex Æ is acknowledged or

Page 38 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

3. when use is motivated by modesty, a desire 2. if a person joined the armed forces who
to avoid unnecessary trouble, or other reason has taken part in war, from the time he is
not prohibited by law or morals considered missing in action
3. danger of death under other
IN RE PETITION FOR CHANGE OF NAME, circumstances, from time of
PETITIONER JULIAN LIN ( Carulasan) WANG, disappearance
G.R. NO. 159966 March 30, 2005
SEE: Annex D
The law does not allow dropping of middle name
from registered name unless there are justifiable CHAPTER 17: CIVIL REGISTRY
reasons to do so. Mere convenience is not
justifiable. MATTERS RECORDED IN THE CIVIL
REGISTER:
Middle names serve to identify the maternal lineage 1. birth
or filiation of a person as well as further distinguish 2. marriage
him from others who may have the same given name 3. death
and surname as he has. 4. legal separation
5. annulment of marriage
An illegitimate child whose filiation is not recognized 6. judgments declaring marriage void from
by the father bears only a given name and his the beginning;
mother’s name, and does not have a middle name, 7. legitimation
unless legitimated or subsequently recognized by the 8. adoption
father. 9. acknowledgement of natural children
10. naturalization
A child can use the surname of the mother instead of 11. loss of citizenship
the father if there are clear justificable reasons to do 12. recovery of citizenship
so such as to avoid confusion. 13. civil interdiction
14. judicial determination
CHAPTER 16: ABSENCE 15. voluntary emancipation of a minor
16. change of name
KINDS OF ABSENCE:
1. Physical absence REQUIREMENTS OF AN ADVERSARIAL
2. Legal absence PROCEEDING:
1. Presence of opposing parties
PROVISIONAL ABSENCE 2. Notice to indispensable parties
1. A person disappears from his domicile; 3. Relevant facts have been fully and
2. His whereabouts are unknown; and properly developed
a. He did not leave any agent; or 4. Opposing counsel was given an
b. He left an agent but agent's power opportunity to demolish the opposite
has expired party's case (not ex parte)
5. Evidence has been thoroughly weighed
THE ADMINISTRATION SHALL CEASE IN ANY OF and considered
THE FOLLOWING CASES: 6. Compliance with the publication
1. when the absentee appears personally or by requirement
means of an agent;
2. when the death ofQuickTime™
the absentee
and a is provided NOTE: The new law, RA 9048, applies only to
TIFF (Uncompressed) decompressor
and his estateareor intestate
needed heirs appear;
to see this picture.
clerical and typographical errors in entries of name
3. when a third person appears, showing by a and does not modify the rules mentioned above.
proper document that he has acquired the
absentee's property by purchase or other title

PERIOD OF ABSENCE UNDER EXTRAORDINARY


CIRCUMSTANCES:
1. if a person rode an airplane or sea vessel
lost in the course of voyage, from the time of
loss of the airplane or sea vessel

Page 39 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

Page 40 of 297