PERSONS AND FAMILY RELATIONS

Atty. Ma. Liza Lopez - Rosario

PRELIMINARY CHAPTER CIVIL CODE OF THE PHILIPPINES I. REPUBLIC ACT 386 A. CIVIL
LAW CIVIL CODE Civil Law the mass of precepts which determines and regulates those relation of
assistance, authority and obedience existing among members of the family as well as among members
of a society for the protection of private interests. (Sanchez Roman) Civil C!"# collection of laws
which regulates the private relations of the members of civil society, determining their respective rights
and obligations with reference to persons, things and civil acts. (Tolentino) Q: Does the CC contains an
effectivity clause? ! "es. #ne year after its publication, the code too$ effect. Q: When does the CC took
effect? ! ugust %&, '()& Q: Can we conclude that it was published on August 30, !"!? ! *n +ara vs. ,el
Rosario, the S- said that the rec$oning date is the actual date of circulation. The Semphasized the
importance of publication . publication as an exercise of due process. /ublished on 0uly '(1(, the copies
of the -- were simply stored. Sdecided to ma$e use of the date of circulation ( ugust %&, '(1() and not
the date of publication (0uly '(, '(1() because the purpose of publication is defeated when copies of the
-- were released. #a$a vs% Del &osa$io, '0 Ap$il !(" 2acts! ,el Rosario owner of 3) taxi cabs operated a
taxi business. 4e employed % mechanics and 1( drivers. #n September 1, '()&, without giving said
mechanics and drivers %& days advance notice, ,el Rosario sold his 3) taxi cabs to +a 5allorca, a
transportation company, as a result of which the employees lost their 6obs. They brought this action
against ,el Rosario to recover compensation for overtime wor$ and services rendered on Sundays and
legal holidays provided for in rticle %&3 of the -ode of -ommerce because of the failure of their
employer to give them ' month notice. *ssue! 7hether or not the -ivil -ode is applicable. 4eld! s to the
month pay under rticle %&3 of the -ode of -ommerce, rticle 338& of the -ivil -ode appears to have
repealed said rticle %&3 when it repealed the provisions of the -ode of -ommerce governing agency.
This repeal too$ place on ugust %&, '()&, when the 9ew -ivil -ode went into effect, that is, ' year after
its publication in the official gazette. The S- ruled that the -ivil -ode too$ effect on ugust %&, '()&, '
year after its circulation, ugust %&, '(1( and not from the publication on 0uly '(, '(1( for copies were not
released on such date. N!$#% The +ara -ase at the outset loo$s li$e a labor case. #n the issue of what
law is applicable, the S- said that the -- too$ effect repealing the -ode of -ommerce. 0uly '(, '(1( :
publication ugust %&, '(1( : circulation ugust %&, '()& : effectivity B. CIVIL LAW COMMON LAW
C!&&!' Law : system of 6urisprudence based on 6udicial precedents rather than statutory laws or
legislative enactments. *t does not consist of absolute, fixed and inflexible rules but rather of broad,
comprehensive principles based on 6ustice, reason and common sense. II. LAWS Law : rule of
conduct, 6ust and obligatory, promulgated by legitimate authority for common observance and benefit.
(Sanchez Roman) ;Refers not 6ust to statutes but also includes executive order, presidential decrees,
administrative rules, central ban$ circulars. *ncludes those enacted by those exercising <uasi.legislative
function. A. PUBLICATION ARTICLE ( OF THE CIVIL CODE AS AMENDED BY E.O. ()) *+.R.
% /ublication is an indispensable re<uisite for the effectivity of the laws (Tanada vs. Tuvera) *E,-#.$i!'/
% '. The +aw is interpretative in nature 3. +aw is internal in nature %. +etters of instructions : rules to
be followed by subordinates 1. 5unicipal ordinances are covered by the +ocal =overnment -ode.
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Cases: % )a*ada vs% )uve$a, '" Ap$il !+( 2acts! Tanada, Sarmiento and the 5ovement of ttorneys for
>rotherhood, *ntegrity and 9ationalism (5 >*9*) see$ a writ of mandamus to compel respondent public
officials to publish in the official gazette of various /,s, +#*s, =#s, proclamations, ?os, +etters of
*mplementation and #s. Respondents contend that publication in the official gazette is not a sine <ua
non re<uirement for the effectivity if laws where the laws themselves provide for their own effectivity
dates so publication in the official gazette is not necessary. *ssue! 7hether or not publication is an
indispensable re<uisite for the effectivity of laws. 4eld! /ublication is an indispensable re<uisite for the
effectivity of laws. ll statutes including those of local application and private laws shall be published as
a condition for their effectivity, which shall begin ') days after publication unless a different effectivity
date is fixed by the legislature. -overed by this rule are /,s and ?os promulgated by the /resident in the
exercise of legislative powers whenever the same are validly delegated by the legislature or at present
directly conferred by the -onstitution. dministrative Rules and Regulations must also be published if
their purpose is to enforce or implement existing law pursuant to a valid delegation. The purpose of
publication is to give ade<uate notice of the various laws xxx /,s that provide for fines, forfeitures or
penalties shall be published. #ther /,s which apply only to particular persons or class of persons such as
#s and ?os need not be published on the assumption that they have been circularized to all concerned.
N!$#/% @ B0a'-1#/ !2 $1# +!v3$ : +egislative, ?xecutive, 0udicial (separation of powers) @
A&#'"&#'$ N!. 6 !2 4563 C!'/$i$7$i!' . The president is given the power to enact laws. ,eople vs%
Que ,o #ay, -%&% #./0! 2acts! Aue /o +ay is appealing from the decision of the -2* finding him guilty
of violating -> -ircular 3& and sentencing him to suffer B months imprisonment xxx. The charge was
that Aue who was in possession of a foreign exchange consisting of C.S. dollars, C.S. chec$s and C.S.
money orders amounting to D8,&&& failed to sell them to ->. The appeal of Aue is based on the claim
that the said circular was not published in the official gazette. The Solicitor =eneral contended that
publication is not necessary.
*ssue! 7E9 not the -> -ircular should be published. 4eld! -> -ircular if punitive in nature should be
published. s a rule, circulars and regulations which prescribes a penalty for its violation should be
published before becoming effective on the general principle and theory that before the public is bound
by its contents especially its penal provisions, a law, regulation or circular must first be published and
the people officially and specifically informed of said contents and penalities. 3% ,hil% 1nt2l vs%
3udge Angeles, ' 4ctobe$ !!/ 2acts! The controversy springs from the issuance by the /*T- of an # under
which applications to the /*T- for importation from -hina must be accompanied by a viable and
confirmed ?xport /rogram of /hilippine /roducts. 2or failure to comply with their underta$ings to submit
export credits e<uivalent to the value of their importation as re<uired by the #, further import
applications were withheld by /*T-. *ssue! 7E9 the # should be published. 4eld! dministrative rules and
regulations must be published if their purpose is to enforce or implement existing law pursuant to a
valid delegation. "% 3udge Dadole vs% C4A, 3 Dece5be$ '00' 2acts! +ocal >udget -ircular )) issued by
the ,>5 which reduced the monthly allowances given by +ocal =overnments to RT- and 5T- 6udges was
<uestioned in this case. /etitioner 6udges filed a protest against the notices. *ssue! 7E9 the ,>5 circular
is valid. 4eld! +>- )) is void on account of its lac$ of publication. dministrative rules and regulations
must be published if their purpose is to enforce or implement existing law pursuant to a valid
delegation. *nterpretative regulations and those merely internal in nature, that is, regulating only the
personnel of an administrative agency and the public need not be published. 9either is publication
re<uired of the so called +#*s issued by administrative superiors concerning the rules or guidelines to
be followed be their subordinates in the performance of their duties. B. WHERE SHOULD
PUBLICATION TA8E PLACE9 *+.R.% '. #fficial =azette or 3. 9ewspaper of =eneral -irculation (>asa
vs. 5ercado) *E,-#.$i!'% The case of 4agonoy 5ar$et Fendor ssociation vs. 5unicipality of 4agonoy
>ulacan. Cases: % 6asa vs% 7e$cado, / ,81# /3/ 2acts! The 6udge of -2* /ampanga allowed and
probated the last will and testament of *nes >asa (the

deceased). The same 6udge approved the account of the administrator of the estate, declared him the
only heir of the deceased and closed the administration proceedings. The petitioners filed a motion in
which they prayed that the said proceedings be re.opened and alleged that the court lac$ed 6urisdiction
to act in the matter because there was a failure to comply with re<uirements as to publication of notice
and hearing prescribed in the -ode of -ivil /rocedure. They also contend that the wee$ly newspaper
G*ng HatipunanI in which the notice and hearing was published was not a newspaper of general
circulation in the province of /ampanga. *ssue! 7E9 the *ng Hatipunan is a 9=-. (7hat is a 9=-J) 4eld! *t
is a 9=- for the following reasons! '. *t is published for the dissemination of local news and general
information 3. *t has a bona fide subscription list of paying subscribers %. *t is published at regular
intervals (the trial court ordered the publication to be made in said newspaper precisely because it was
a 9=-) 1. *t is not a newspaper devoted to the interests or published for the entertainment of a particular
class, profession, trade, calling, race or religious denomination. '% 8agonoy vs% 7unicipality, /
9eb$ua$y '00' 2acts! The Sangguniang >ayan of 4agonoy >ulacan enacted an ordinance which
increased the stall rentals of the mar$et vendors in 4agonoy. rticle % of the said ordinance provided that
it shall ta$e effect upon approval. The ordinance was posted from 9ovember 1 to 3), '((B. *n the last
wee$ of 9ovember '((8, petitioners were personally given copies and were informed that it shall be
enforced on 0anuary '((K. The petitioners contended that the sub6ect ordinance was not posted as
re<uired by law. *ssue! 7E9 the ordinance was posted as re<uired by law. 4eld! n ordinance which
increased the stall rentals of the mar$et vendors has complied with the publication re<uirement when
the same was posted in % conspicuous places since there was no newspaper of local circulation in the
municipality which is in accordance with Section 'KK of the +=-. C. EFFECTIVITY *+.R.% +aw shall
ta$e effect on the date it is expressly provided to ta$e effect. *E,-#.$i!'% *f no such date is made after ')
days following the completion of its publication. Cases:
% #a 6ugal : 62laan vs% &a5os, '0 3anua$y '00" 2acts! /res. <uino issued ?# 38( authorizing the ,?9R
Secretary to accept, consider, and evaluate proposals from foreign.owned corporations for contracts
involving technical or financial assistance etc. /res. Ramos approved R. . 8(13 to govern the
exploration, development, utilization and processing of mineral resources. fter publication in 3 9=-s,
the ,?9R Secretary issued ,?9R #s otherwise $nown as *mplementing Rules and Regulations of R. .
8(13. /etitioner contended that the ?#s did not come into effect. *ssue! 7hether the ?#s did not come into
effect. 4eld! ccording to petitioners ?# 38( was signed into law by /res. <uino on 0uly 3), '(K8, 3 days
before the opening of the -ongress on 0uly 38, '(K8. Section K of the said ?# states that the same shall
ta$e effect immediately. This provision according to petitioner runs counter to Section ' of ?# 3&&
which provides that laws shall ta$e effect xxx (now rticle 3 of the --). #n that premise, petitioners
contend that ?# 38( could have only ta$en effect ') days after its publication at which time -ongress had
already convened and the /residentLs power to legislate had ceased. /etitionerLs contention has no
merit. There is nothing in ?# 3&& that prevents a law from ta$ing effect on a date other than : even
before : the ') day period after its publication. *ndeed, this is the very essence of the phrase Gunless it is
otherwise providedI. Section ' of ?# 3&& therefore applies only when a statute does not provide for its
own date of effectivity. Thus, ?# 38K became effective immediately upon its publication in the official
gazette on ugust %, '(K8. '% C1& vs% #huillie$, ( 3uly '003 2acts! -*R issued a 5emorandum #rder ').('
imposing a )M lending investorLs tax on pawnshops. The >*R issued an assessment against +huillier
demanding payment of deficiency tax. +huillier contended that the said memo is a new and additional
tax measure on pawnshops which -ongress could enact. *ssue! 7E9 the said memoranda are valid even
without publication. 4eld! n interpretative rule is designed to provide guidelines to the law which the
administrative agency is in charge of enforcing xxx 7hether an administrative rule is merely
interpretative in nature, its applicability needs nothing further than its bare issuance for it gives no real
conse<uence more than what the law itself has already prescribed. 7hen the administrative agency goes
beyond merely providing for the means that can facilitate or render least cumbersome the

implementation of the law but substantially increases the burden of those governed, it behooves the
agency to accord at least to those
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directly affected a chance to be heard and thereafter to be duly informed. The said orders cannot be
viewed simply as implementing rules or directive measures revo$ing in the process previous rulings of
past commissioners xxx The due observance of the re<uirements of publication should not have been
ignored. NOTE% PUBLICATION EFFECTIVITY Q: )he &ecto #aw was app$oved by the ;enate on
3anua$y , '00(% 1t contains an effectivity clause which <should take effect i55ediately afte$ the
signing of the ,$esident=% When does the law take effect? ! NSteps! (') Ta$e into consideration the
ruling in Tanada. (3) Ta$e note of the general rule and the exception. (%) ,etermine what $ind of law is
involved. (1) pply rticle 3. ()) 2ind out if there is a 9=-O +.R.% *f the law has effectivity clause, follow
the effectivity clause. E:C.% pply the ').day period counted after the publication if there is no effectivity
clause. Q: What is the pu$pose of publication? ! To inform the public N!$#% @ Tabloids are published
at regular intervals III. ARTICLE 3 I+NORATIA ;URIS NON E:CUSAT
6udge conducted a preliminary investigation and thereafter issued warrants for the arrest of the
complainants. -omplainants filed an administrative case against the 6udge for gross ignorance of the
law. They contended that the 6udge neither has authority to conduct a preliminary investigation not to
issue warrants for their arrest. The 6udge said that it was his first libel case and that he issued the
warrants in good faith. *ssue! 7E9 respondent is guilty of gross ignorance of the law. 4eld! 0udges are
expected more than 6ust cursory ac<uaintance with statutes and procedural rules. They must $now the
law and apply them properly in good faith. The provisions of rticle %B& of the R/- on the persons
authorized to conduct preliminary investigation in libel cases is so elementary, not to $now it
constitutes gross ignorance of the law. '% @state of 6oo vs% -ee, 3 7a$ch !'' 2acts! -heong >oo, a native
of -hina died intestate in Pamboanga. 4e left property worth /'&&,&&&. The estate of the deceased was
claimed on one hand by =ee, who alleged that he was a legitimate child by a marriage contracted by
>oo with Tan ,it in -hina in 'K(). The estate was claimed, on the other hand by 5ora dong who alleged
that she had been lawfully married to >oo in 'K(B. =ee introduced in evidence a document in -hinese
stating the marriage ceremony that too place in moy, -hina. *ssue! 7E9 the document presented by =ee
may be recognized here in the /hilippines. 4eld! *gnorance of a foreign law is not ignorance of the law
but of fact because such foreign law must be first alleged and proved as a matter of fact, there being no
6udicial notice of said foreign law. The -hinese marriage was not ade<uately proved. P0!-#//7al
P0#/7&.$i!' : if the foreign law is not properly alleged and proved, the presumption is that it is the same
as our own law. (?state of Suntay vs. Suntay) 3% ;untay vs% ;untay, 3 3uly !(" 2acts! #n 5ay '1, '(%1,
0ose Suntay died in moy, -hina. 4e married twice, the first time to 5anuela -ruz with whom he had
several children now residing in the /hilippines and the second time to 5aria >illian with whom he had a
son. polonio (son of 5anuela) filed 0oseLs intestate in the -2*. 5aria also instituted the present
proceedings for the probate of a will allegedly left by the deceased. ccording to Silvino (son of 5aria),
before the deceased died in -hina, the deceased left a will with =o Toh, >arreto and +opez as attesting
witnesses. =o Toh arrived in the /hilippines with the will, unfortunately, the sons of 5anuela snatched it.
=o Toh said that the will was already probated in -hina.
Q: Why igno$ance of the law e>cuses no one? ! rticle 3 does not emphasize publication but effectivity.
P0#/7&.$i!'! ?very person is presumed to $now the law, since the government has already complied
with the re<uirement of publication. +.R.% *gnorance of the law excuses no one from compliance
therein. E:C.% '. *gnorance of fact may excuse a party from the legal conse<uences of his conduct.
(*gnoratia 2acti) ?x. *gnorance of foreign law is a mista$e of fact. 5ista$e as to difficult <uestions
which is the same as mista$e of fact. Read rticles )3B, '%%1, 3')1 and 3')) -3.
Cases: % 7ia?ue vs% 3udge ,a5onag, '+ 7a$ch '003 2acts! -omplainants who were connected with the

,aily *nformer (a widely circulated newspaper in 7estern Fisayas) were charged before the 5T- by
0udge /amonag of the crime of libel. Respondent
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*ssue! 7E9 the /hilippine court may recognize the probate of the will in -hina. 4eld! 7here it appears
that the proceedings in the court of a foreign country were held for the purpose of ta$ing the testimony
of 3 attesting witnesses to the will and the order of the probate court did not purport to allow the will,
the proceedings cannot be deemed to be for the probate of the will as it was not done in accordance
with the basic and fundamental concepts and principles followed in the probate and allowance of wills.
The will in this case cannot be allowed. *n the absence of proof that the municipal district court of
moy, -hina is a probate court and on the -hinese +aw of /rocedure in probate matters, it may be
presumed that the proceedings in the matter of probating or allowing a will in the -hinese courts are the
same as those provided for in our laws on the sub6ect. (/rocessual /resumption) IV. ARTICLE <
PROSPECTIVITY *+.R.% /rospectivity of laws *E:C.% W1#' law -a' =# >iv#' 0#$0!a-$iv# #22#-$% '.
+aw expressly provides for its retroactivity. >ut in no case must an ex post facto law be passed. 3. +aw
is curative in nature (laws intended to correct errors or irregularities incurred in 6udicial or
administrative proceedings. 3. +aw is remedial in nature . there are no vested rights in rules of
procedure (5edina vs. - ) 1. +aw is penal but favorable to the accused ( rt. 33 of the R/-) ). +aws
creating new rights provided that no vested right is impaired ( rt. 33)%, /ar. 3Q Auizana vs. Redugerio)
B. ?mergency laws : authorized by the police power of the government. N!$#/% @ +aw is penal but
favorable to the accused. Examples: -ase of Robin /adilla : there was a bill proposed reducing the
sentence of illegal possession of firearms. The bill was authored by Senator Ramon Revilla, Sr.. The
/resident decided to remove the death penalty. -onvicts who are in the death row were not punished
because of the law. Q: Does the 9a5ily Code contain a $et$oactivity clause? ! "es. rticle 3)B of the
2amily -ode provides that this code shall have retroactive effect insofar as it RETROACTIVITY VS.
does not pre6udice or impair vested or ac<uired rights in accordance with the -- or other laws. Q: An
illegiti5ate child was bo$n p$io$ to the effectivity of the 9C, will the p$ovision of $et$oactivity unde$
the 9C apply to the illegiti5ate child? ! *f the father died prior to the effectivity of the 2-, compulsory
heirs already ac<uired vested rights even if the distribution of property has not yet ta$en place. *f the
father died during the effectivity of the 2-, retroactivity applies because assuming the father has
legitimate child, there is no vested right yet. Cases: % 7edina 1nvestigation vs% CA, '0 7a$ch '00
2acts! Taburnal was hired by petitioner as security guard and was assigned to benson, *nc. Taburnal
was relieved due to violations pursuant to his service contract. 4e then filed a case against his employer.
The labor arbiter ruled in favor of Taburnal. /etitioner appealed to the 9+R- which dismissed the same
for lac$ of 6urisdiction. /etitioner filed a petition for certiorari in the - which dismissed the petition for
having been filed beyond the B&.day reglementary period. - ruled that the petition was filed on the B8
th day since petitioners received on 9ovember '&, '((( the order dated ugust 3B, '((( of the 9+R- and the
5R was filed on '( 9ovember '(((. -opy of the order denying the said motion was received by petitioners
on % pril 3&&& while the petition was filed with the on %' 5ay 3&&&. /etitioners contended that their
petition was within the period : that the amendment under .5. &&.3.&% of the S- wherein the B&.day
period to file a petition for certiorari is rec$oned from receipt of the resolution denying the 5R should
be deemed applicable. *ssue! 7E9 the said .5. may be retroactively applied. 4eld! The amendment
should be deemed applicable. *t too$ effect on ' September 3&&&. Remedial statutes or statutes
relating to remedies or modes of procedures which do not create or ta$e away vested rights but only
operate in furtherance of the remedy or confirmation of rights already existing, do not come within the
legal conception of a retroactive law or the general rule against retroactive operation of statutes.
Statutes regulating the procedure of the courts will be construed as applicable to actions pending and
undetermined at the time of their passage. The retroactive application of procedural laws is not
violative of any right of a person who may feel that he is adversely affected. The reason is that as a
general rule, no vested right may attach to nor arise from procedural laws. '% @lvi$a Au 4h vs% CA, /
3une '003 2acts! Specific performance was filed against ?lvira for failure to pay the pieces of 6ewelry
she purchased from Solid =old *nternational. compromise

agreement was entered between Solid =old and ?lvira wherein the latter issued post dated chec$s. The
said chec$s bounced. The RT- found ?lvira guilty of violation of >/ 33. ?lvira appealed to the - alleging
that the RT- has no 6urisdiction over the offense. ?lvira contended that the - erred in not resolving the
6urisdictional issue in her favor, thereby, un6ustly depriving her of the legal benefits of giving
retroactive effect to the provisions of R 8B(' expanding the 6urisdiction of the inferior courts (5T-) to
cover the offenses involved in her case. *ssue! 7E9 laws defining 6urisdiction of courts should be given
retroactive effect. 4eld! +aws defining 6urisdiction of courts are substantive in nature and not
procedural for they do not refer to the manner of trying cases but to the authority of the courts to hear
and decide certain cases in the various instances of which they are susceptible. R 8B(' is a substantive
law and not a penal law as nowhere in its provision defines a crime neither does it provide a penalty of
any $ind. 0urisdiction is determined by the law in force at the time of the filing of the complaint and
once ac<uired, 6urisdiction is not affected by subse<uent legislative enactments placing 6urisdiction in
another tribunal. 4ence, the contention of ?lvira is incorrect. 3% QuiBana vs% &eduge$io, 0 7ay !(!
2acts! The action is based on an actionable document which states that in the event that the defendants
failed to pay Auizana the amount of /))&, the former will transfer the land specified in the agreement.
7hen the defendants failed to pay, the offered to pledge the land and transfer possession thereof to the
plaintiff but the latter refused the offer. *ssue! 7E9 the second part of the written obligation in which
the obligors agreed and promised to deliver a mortgage over the land upon their failure to pay the debt
is valid upon the plaintiff. 4eld! This second part of the obligation in <uestion is what is $nown in law
as a facultative obligation defined in rticle '3&B of the --. This is a new provision and is not found in
the #ld Spanish -ivil -ode which was in force at the time of the execution of this agreement. There is
nothing in the agreement which would argue against its enforcement. *t is not contrary to law or public
morals or public policy and notwithstanding the absence of any legal provision at the time it was
entered into governing it, as the parties had freely and voluntarily entered into it, there is no ground or
reason why it should not be given effect. *t is a new right which should be declared effective at once.
V. ARTICLE 6 WAIVER OF RI+HTS
'. Cnless waiver is contrary to law, public order, public policy, morals or good customs. 3. 7aiver is
pre6udicial to a third person. F!0 waiv#0 $! =# vali" $1#0# &7/$ =#% '. vested right 3. voluntary
relin<uishment of such vested right. %. The person waiving must $now of the existence of his right. N!
$#/% @ Fitiated consent should not be present @ ctual right should be existing. Q: 1n students2 field
t$ip, the pa$ents a$e 5ade to sign a waive$% 1s this in acco$dance with A$ticle /? ! (The right involved
here is the right to file an action for damages against the school if something would happen in the field
trip). Cp to now, there is no S- decision regarding this matter. This happens also in hospitals before
operation. -ontrary to public policy will not be applied since up to now it is being practiced. There is no
existing right yet. 9o actual right. ?ven if you $eep on signing the waiver, it does not give any effect
because there is no right existing. ;ancheB vs% CA, '! ;epte5be$ !!0 2acts! Rosalia +ugod is the only
child of Spouses 0uan Sanchez and 5aria Fillafranca while rturo +ugod, ?velyn +ugod.Ranises and
Robert +ugod are the legitimate children of Rosalia (private respondents). /etitioners are the illegitimate
children of 0uan Sanchez. 2ollowing the death of her mother 5aria, Rosalia filed a petition for letters
administration over the estate of her mother and the estate of her father 0uan. The petitioners filed a
petition for letters administration over the intestate estate of 0uan, which petition was opposed by
Rosalia xxx The parties executed a compromise agreement wherein they agreed to divide the properties
of 0uan. Rosalia, the appointed administratix failed to deliver some properties to the petitioners. The
trial court in deciding the case did not follow the compromise agreement. The - dismissed the
petitionerLs petition. *ssue! 7E9 the compromise agreement is valid. 4eld! compromise agreement
entered into by the heirs regarding their proportionate share in the estate of their deceased father does
not constitute relin<uishment of a right to properties which were not $nown. Such waiver is valid
because the parties waived a $nown and existing interest : their hereditary right which was already

vested in them by reason of the death of their father. rticle 888 provides that the right to succession is
transmitted from the moment of the death of the decedent.
*+.R.% Rights may be waived. *E:C.%
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V#/$#" Ri>1$ is one whose existence, effectivity and extent does not depend upon events foreign to the
will of the holder. +.R.! *t is not possible to waive obligations and duties. E:C.!
is not final and conclusive and is merely an obiter dictum. *ssue! 7E9 the pronouncement of the court
is obiter dictum. 4eld! finding of a court is deemed a pronouncement on a material issue and is not an
obiter dictum. *t is final and conclusive against parties involved and may not under the principle of res
6udicata be again raised in issue by them in any tribunal, 6udicial or administrative. The ruling of the
court that ntonio is not entitled to the benefits of amnesty is not an obiter dictum but is a ruling of the
court on an issue expressly raised by the party on facts or evidence adduced in the course of the trial of
this case. '% )ala &ealty vs% 6anco 9ilipino, '0 3une '000 2acts! >2 faced a legal problem with respect
to its branch site holdings. The =eneral >an$ing ct provides that ban$s may only invest in real estate up
to )&M of their net worth. To address the problem, its ma6or stoc$holders agreed tot set up an entity to
which its existing branch sites for >2 with all such branch sites including those unloaded to be leased to
>2. >2 sold '' real estate properties to Tala including the ,avao branch site (sub6ect of this suit). Tala
leased the same branch to >2. The petition stems from an action of e6ectment wherein the issue was
which of the 3 different contracts of lease presented by each party governs them. Tala presented an ''
year lease agreement. >2 presented a 3& year lease contract. 5T- and RT- both refused to exercise
6urisdiction. The - ruled that since other similar e6ectment suits were brought before it in which the
3&.year lease contract was upheld, it ruled in favor of >2. *ssue! 7E9 stare decisis should be applied in
this case to resolve the issue of which of the 3 contracts should be pronounced as valid. 4eld! *t is the
better practice that when a court has laid down a principle of law as applicable to a certain set of facts,
it will adhere to that principle and apply it to all future cases where the facts are substantially the
same. ?ven though the locations of the properties are different in the 3 cases, the conclusion reached in
one can very well be applied in the other inasmuch as not only are the parties the same but more
importantly the issue is one and the same and hence should no longer be re.litigated. 3% )ung Chin 8ui
vs% &od$igueB, ' Ap$il '00 2acts! /etitioner a Taiwanese arrived in this country as temporary visitor.
4e was arrested by policemen who turned him over to the >*,. summary deportation order was issued
finding him guilty of possessing a tampered passport. /etitioner filed before the RT- a petition for
4abeas -orpus. The RT- granted the petition. Respondents filed an appeal
1.
3.
7hen authorized by law (#bligation is concomitant of a right that is waived. ?xamples! Read rticles
1KK and BB3 of the --) 7hen authorized by the holder of the correlative right.
VI. ARTICLE 8 ;UDICIAL DECISIONS HAVE THE FORCE AND EFFECT OF A LAW D!-$0i'# !2
S$a0# D#-i/i/ : 7hen a court has laid down a principle of law as applicable to a certain set of facts, it
will adhere to that principle and apply it to all future cases where the facts are substantially the same.
H!0i?!'$al S$a0# D#-i/i/ : a division of the S- may or may not follow the decision of another division.
(Sis divided by several divisions, usually, in ' division there are ) 6ustices) V#0$i-al S$a0# D#-i/i/ :
courts have no option but to follow the decisions or orders of the S-. This is obligatory on the part of
the courts because 6udicial decisions have the force and effect of a law. 0udicial decisions are called
G6udge.made lawsI. Fertical stare decisis happens when S- had ruled en banc. Ra$i! D#-i"#'"i
O=i$#0 Di-$7& Pa0$/ !2 a D#-i/i!'% 4. Ra$i! D#-i"#'"i it is the principle which the case established. *t
is the reason for the decision. (. O=i$#0 Di-$7& : opinions necessary to the determination of a case not
binding and cannot have the force of 6udicial precedents (/eople vs. 5acadaeg) Cases: % ,eople vs%
7acadaeg, '+ 7ay !(' 2acts! ntonio =uillermo was convicted of murder. The petitioner contended that the

-2* ruled in its 6udgment of conviction that ntonio is not entitled to the benefits of amnesty because the
murders of which he was convicted were committed Gnot in furtherance of the resistance movement
but in the course of a fratricidal strife between 3 rival guerilla unitsI. The 8th =uerilla mnesty
-ommission composed of 4on. 5acadaeg, /ecson and San 0ose together with convicted ntonio opposed
the petition alleging that the decision of the court does not prevent ntonio from invo$ing his right to the
provisions of amnesty because said right was not at issue at the trial of the case against him and the
pronouncement of the court
7

and was given due course by the RT-. The petitioner appealed but the - ruled in favor of respondents.
,uring the pendency of the proceedings before the - , petitioner filed a petition for certiorari in the
Scontending that the RT- should have re6ected the appeal of the respondents being filed late or beyond
the 1K.hour period provided under the Rules of -ourt. The S- denied the petition. *ssue! *s the
reglementary period within which to appeal in habeas corpus cases 1K hours from notice of the
decision appealed from (as petitioner contends) or is it ') days similar to other cases (as contended by
respondents)J 4eld! This court already re6ected the same arguments of the petitioner in =.R. '%8)8'.
/ertinent portions of that decision are reproduced below! IThe reglementary period for filing an appeal
in a habeas corpus case is now similar to that in ordinary civil actions (Sec. %, Rule 1', R#-)I. Stare
decisis presupposes that the facts of the precedent and the case to which it is applied are substantially
the same. 7here a finding of court was based on a procedure of law that has been repealed, the facts
under the same cannot be relied upon by courts on the succeeding cases. VII. ARTICLE 4<
TERRITORIALITY PENAL LAW THEORY OF
is accredited. consul is not exempt from criminal prosecution for violations of the laws of the country
where he resides. VIII. ARTICLE 4A PRINCIPLE OF NATIONALITY
N!$#% -ivil laws pertaining to family rights E duties, status, condition, legal capacity follow the
principle of nationality. R#a"% R. . (33) : ,ual -itizenship ct S#-. (B R.A. 5((A : ,eclaration of /olicy!
ll /hilippine citizens who become citizens of another country shall be deemed not to have lost their
/hilippine citizenship sub6ect to conditions. S#-. 3B R.A. 5((A : Retention of /hilippine -itizenship!
9atural.born citizens of the /hilippines who have lost their /hilippine citizenship by reason of their
naturalization as citizens of a foreign country are hereby deemed to have re.ac<uired /hilippine
citizenship upon ta$ing the following oath of allegiance to the republic xxx. D#0iva$iv# Ci$i?#'/1i.
(Sec. 1, R. . (33)) : The unmarried child whether legitimate, illegitimate or adopted, below 'K years of
age of those who re. ac<uire /hilippine -itizenship upon effectivity of this act shall be deemed citizens
of the /hilippines. Cases: % &oeh$ vs% &od$igueB, '0 3une '003 2acts! /etitioner, a =erman and a
resident of =ermany married -armen Rodriguez (a 2ilipina) in 4amburg, =ermany. Their marriage was
ratified in Tayasan, 9egros #riental. #ut of their union were born -arolynne and lexandra. -armen filed a
petition for declaration of nullity of her marriage before the RT-. /etitioner filed a motion to dismiss but
was denied by the court. /etitioner also obtained a decree of divorce in =ermany. The -2* of =ermany
dissolved the marriage but parental custody for the children was granted to petitioner. /etitioner now
alleges that there is nothing left to be tac$led by the /hilippine -ourt as there are no con6ugal assets
alleged in the petition and the custody of the children had already been awarded to petitioner. *ssue!
7E9 the court may retain 6urisdiction over the case despite the fact that the petitioner has already
obtained a decree of divorce from the =erman -ourt. 4eld! ,ivorce decrees obtained by foreigners in
other countries are recognizable in our 6urisdiction but the legal effects thereof : custody, care and
support of children must still be determined by our courts. >efore our courts can give the effect of res
6udicata to a foreign 6udgment such as the award of custody to petitioner by the =erman -ourt, it must
be shown that the parties opposed to the 6udgment had been given
*+.R.% /enal law follows the theory of territoriality and generality regardless of nationality. *E:C.%
'. /rinciples of /ublic *nternational +aw on diplomatic immunity. 3. /resence of treaty stipulations. E,
$#00i$!0iali$@ : territorial 6urisdiction of one state forms an extension of the territory of another state.
?xample! ?mbassy E,$0a$#00i$!0iali$@ : exemption by virtue of treaty stipulation. ?xample!
mbassador ;chneckenbu$ge$ vs% 7o$an, 3 3uly !3/ 2acts! /etitioner was duly accredited honorary
consul of Cruguay at 5anila. 4e was charged in the -2* of 5anila with the crime of falsification of a
private document. 4e ob6ected to the 6urisdiction of the court on the ground that both under the
constitutions of C.S. and the /hilippines, the court below had no 6urisdiction to try him. *ssue! 7E9 a

consul is immune from suit. 4eld! consul is not entitled to the privileges and immunities of an
ambassador or minister but is sub6ect to the laws and regulations of the country to which he
8

ample opportunity to do so on the grounds allowed under Section )&, Rule %(, R#- (now Section 1K,
Rule %() : GThe effect of a 6udgment of a tribunal of a foreign country, having 6urisdiction to
pronounce 6udgment is as follows! (a) *n case of a 6udgment upon a specific thing, the 6udgment is
conclusive upon the title to the thing. (b) *n case of a 6udgment against a person, the 6udgment is
presumptive evidence of a right as between the parties and their successors. in.interest by a subse<uent
title but the 6udgment may be repelled by evidence of a want of 6urisdiction, want of notice to the
party, xxxI. @>ceptional Case: '% Can Do$n vs% &o5illo, + 4ctobe$ !+( 2acts! lice Fan ,orn is a
citizen of the /hilippines while private respondent (Richard Cpton) is a citizen of C.S. They were
married in 4ong Hong. They established their residence in the /hilippines and begot 3 children. The
parties were divorced in 9evada, C.S. and remained and that lice re.married in 9evada, this time to
Theodore Fan ,orn. Richard filed a suit against lice stating that liceLs business in ?rmita, 5anila is
con6ugal property of the parties and as$ing that petitioner be ordered to render an accounting of that
business and that Richard be declared with right to manage that con6ugal property. lice contended that
respondent is estopped from laying claim on the alleged con6ugal property because of the
representation he made in the divorce proceedings before the merican -ourt that they had no community
of property. Respondent avers that the divorce decree cannot prevail over the prohibitive laws of the
/hilippines. *ssue! 7E9 the decree of divorce is valid in the /hilippines. 4eld! The decree is binding on
Richard as an merican citizen. 2or instance, Richard cannot sue lice as her husband in any State of the
Cnion. #wing to the nationality principle ( rticle ')) : only /hilippine nationals are covered by the policy
against absolute divorces the same being considered contrary to our concept of public policy and
morality. 4owever, aliens may obtain divorces abroad which may be recognized in the /hilippines
provided they are valid according to their national law. *n this case, the divorce in 9evada, released
Richard from their marriage from the standards of merican law, under which divorce dissolves the
marriage. /ursuant to his national law, Richard is no longer the husband of lice. 4e would have no
standing to sue in the case below as liceLs husband entitled to exercise control over con6ugal assets. 4e
is bound by the decision of his own countryLs court, which validly exercised 6urisdiction over him and
whose decision he does not
repudiate. RichardLs contention that under our laws, lice is considered married to him cannot be 6ust.
TaC# N!$#% A0$i-l# (6B Pa0. (B Fa&il@ C!"# : if alien spouse obtained the decree of divorce,
2ilipino spouse will have the right to remarry. Q: 3uan and 7a$ia would like to get 5a$$ied% )he
p$oble5 is 3uan is in the ,hilippines and 7a$ia is in ;pain wo$king% 7a$ia is only / yea$s old and 3uan
is ' yea$s old% 7a$ia lea$ned that unde$ ;panish law, the 5a$$ying age fo$ fe5ale is " yea$s old and fo$
5ale is / yea$s old% Dnde$ the ;panish law, 5a$$iage by p$o>y is allowed% 3uan has no 5oney to go in
;pain% )hei$ 5a$$iage Eby p$o>yF was then celeb$ated in ;pain% 1s the 5a$$iage valid? ! (>efore
answering, you are compelled to apply rticle ') : 9ationality Theory applies). +egal capacity : for as long
as 5aria is a 2ilipina, the 2amily -ode governs her. The marrying age here is 'K years old. Regarding
marriage by proxy up to now there are conflicting decisions. lternative answers! '. /rof. Sta. 5aria : 9ull
and void but not on the argument that under the /hilippine law during marriage ceremony they should
be physically present. 3. -onsidering marriage ceremony is merely formal, applying rticle '8 : lex loci
celebrationis (law of the place where the contract is celebrated). >ut this rticle is confined only to forms
and solemnities meaning extrinsic validity of the contract, as long as it is valid there and not prohibited
here, marriage by proxy is valid here. (7hat is prohibited is incestuous marriage, bigamous marriage
xxx). rticle '8 does not include intrinsic validity. rticle '8 applies only to forms and solemnities. N!$#/%
@ rticle '8 may be applied as a general rule. ?xception : exterritoriality. @ To answer! connect 2amily
-ode to rticle '8 and state authority. @ *f the problem is too general, ma$e a <ualification. *f intrinsic,
apply rticle '). *f extrinsic, apply rticle '8. Q: Assu5ing the 5a$$iage is valid, 3uan fell in love with
anothe$% Does 7a$ia have the $ight to sue 3uan? ! pply rticle '1. (Remember the case of 5ar$ 0imenez
and Rod Strun$. 5ar$ : extradition case. Rod : alleged crime was committed here in the /hilippines.)

Territoriality theory applies. Q: 1f a spouse 5a$$ied anothe$ in 8ongkong, 5ay you as the fi$st spouse
file a c$i5inal case of biga5y o$ a civil case he$e in the ,hilippines? ! *f criminal case, it cannot be filed
here because rticle '1 provides that penal laws are only applied in
9

crimes committed here in the /hilippines. Regarding the civil case, it will prosper because rticle ')
provides liability for violation of such. Q: David 5a$$ied Chato in the ,hilippines% A week afte$ David
decided to go back to ;audi A$abia to wo$k% David fell in love with Ayce in ;audi% David was able to
get a ce$tification capacitating hi5 to 5a$$y% )hey got 5a$$ied% Chato lea$ned of the 5a$$iage%
What a$e the possible cases? ! (before answering, this re<uires you to apply rticles '1 and '). *f criminal
case, no choice but -hato has to go to Saudi rabia and find out if Saudi will allow her to file a case for
bigamy. *f she cannot file, she has to wait for the husband to go bac$ here together with the yce and
continue to live together and the case now is concubinage. *f ,avid was the only one who came bac$,
no crime or case to be filed. 9ote that adultery and concubinage are not crimes against the state, They
are personal. N!$#/% @ rt. '8 : refers to extrinsic validity @ rt. ') : refers to intrinsic validity @ rt. 'B,
par. 3 : affirmation of what contains in rt. ') @ *f there are foreign places involved in the case, what law
should govern, 6ust remember rticles '1 to '8 because you can apply them simultaneously. They do not
contradict each other. @ 2oreigner executing a will remember! lex loci celebrationis, national law,
domiciliary law. D% W1@ i/ i$ $1a$ i' i'$#/$a$# /7--#//i!'B 'a$i!'al law !2 $1# "#-#"#'$ i/ 2!ll!w#"9 ! rt.
') : when it comes to family right (right to succession is a family right) then it follows that national law
should govern. I:. ARTICLE PROPERTY 46 LAW +OVERNIN+ REAL
on its merit because 6ustice would be better served by the trial over the case in another 6urisdiction.
L!'> a0& S$a$7$# : refers to authorized substituted service. Cases: % 7iciano vs% 6$i5o, Gove5be$ !'0
2acts! The partition of the estate left by the deceased 0oseph >rimo is in <uestion in this case. The
6udicial administrator of the estate filed a scheme of partition. ndre >rimo, one of the brothers of the
deceased opposed it. 4e contended that the partition in <uestion puts into effect the provisions of
0oseph >rimoLs will (which states that 0osephLs will shall be governed by /hilippine laws) which are
not in accordance with the laws of his Tur$ish nationality, for which reason they are void as being in
violation of rticle '& (now rt. 'B) of the --. *ssue! 7E9 /hilippine laws may govern the will of 0oseph
>rimo, a Tur$ish. 4eld! ndre did not prove that said testamentary dispositions are not in accordance
with the Tur$ish laws, inasmuch as he did not present any evidence showing what the Tur$ish laws are
on the matter and in the absence of evidence of such laws, they are presumed to be the same as those of
the /hilippines. There is no evidence in the record that the national law of the testator was violated in
the testamentary dispositions in <uestion which not being contrary to our laws must be complied with
and executed. Therefore, the approval of the scheme of partition is not erroneous. Regarding the
exclusion of ndre as legatee, inasmuch as he is one of the persons designated as such in the will, which
says Gxxx the institution of legatees in this will is conditional and the condition is that the instituted
legatees must respect the testatorLs will to distribute his property, not in accordance with the laws of
his nationality but in accordance with the laws of the /hilippines xxxI. *f this condition is valid, any
legatee who fails to comply with the will li$e ndre is prevented from receiving his legacy. Said
condition is void being contrary to law for rticle 8(3 provides that impossible conditions shall be
considered as not imposed xxx Said condition is contrary to law because it expressly ignores the
testatorLs national law. '% 6ellis vs% 6ellis, / 3une !/0 2acts! mos >ellis was a citizen and resident of
Texas at the time of his death. >efore he dies, he had made 3 wills, one disposing of his Texas
properties, the other disposing of his /hilippine properties. *n both wills, his recognized illegitimate
children were not given anything. Texas has no conflicts rule (rule of /rivate *nternational +aw)
governing successional rights. 2urthermore, under Texas law, there are no compulsory heirs and
therefore no legitimes. The
N!$#! *f the problem involves property, apply the lex situs. *+.R.% +ex rei sitae * E:C% *ntestate and
testamentary succession! (a) #rder of succession (b) mount of successional right (c) *ntrinsic validity of
will ( rt. 'B) (d) +egal capacity to succeed R#'v!i D!-$0i'# E T0a'/&i//i!' T1#!0@ : Greferring bac$I.
,ecedent is a national of one country and a domicile of another. 7hen the conflict rule of the forum

refers a matter to a foreign law for decision. (>ellis vs. >ellis) F!07& N!' C!'v#'i#'/ : a doctrine whereby
a court of law having full 6urisdiction over a case brought in a proper venue or district declines to
determine the case
10

illegitimate children opposed the wills on the ground that they have been deprived of their legitimes to
which they would be entitled, if /hilippine law were to apply. *ssues! (') 7E9 the illegitimate children
are entitled to their legitimes. (3) 7E9 renvoi doctrine may be applied in this case. 4eld! 7here the
parties call for the application of the 5iciano case and the renvoi doctrine, the same cannot be made
because first, the 5iciano case cannot apply since under the decedentLs national law (Texas), the system
of legitimes doed not apply to estate of a citizen of Texas. Second, the illegitimate children cannot call
for the application of the renvoi doctrine, there being no conflict of laws involved. The renvoi doctrine
usually pertinent where the decedent is a national in one country and domiciled in another. *t does not
apply to a case where the decedent was a citizen of Texas and was domiciled therein at the time of his
death. provision in a foreignerLs will that his properties should be distributed in accordance with
/hilippine law and not in accordance with his national law is void, being contrary to rticle ') of the --.
3% ABna$ vs% -a$cia, 3 3anua$y !/3 2acts! ?dward -hristensen was a citizen of C.S. and a resident of
-alifornia. ?dward executed a will in 5anila be<ueathing to 5aria +ucy -hristensen all his income and
property and to 5aria 4elen -hristensen (his ac$nowledged natural child) /%,B&&. #pposition to the
approval of the pro6ect of partition was filed by 4elen insofar as it deprives her legitime as an
ac$nowledged natural child. The court below ruled that as ?dward was a citizen of C.S. at the time of
his death, the successional rights and intrinsic validity of the provisions in his will are to be governed
by the law of -alifornia, C.S. . 4elen contended that /hilippine law should be applied *ssue! 7E9
/hilippine law should be applied in this case. 4eld! 7here the testator was a citizen of -alifornia and
domiciled in the /hilippines, the amount of successional rights should be governed by his national law.
4owever, since the conflict of law rules of -alifornia provides that in case of citizens who are residents
of another country, the law of the country of domicile should apply, then /hilippine law on legitimes
was applied. 4ence, under /hilippine laws, the ac$nowledged natural daughter cannot be deprived of her
legitime. :. ARTICLE 46 LAW +OVERNIN+ E:TRINSIC VALIDITY OF CONTRACTSB WILLSB
PUBLIC INSTRUMENTS.
*+.R.! +ex loci celebrationis (forms and solemnities) or locus regit actum. A..li-a$i!' !2 +#'#0al R7l#%
(') rt. K') : wills made by 2ilipinos abroad may be in the form established by such country. E,-% (a) 3nd
par, rt. '8 (diplomatic or consular officials) (b) rticle K'( in relation to rt. K'K : 6oint wills executed
abroad, not valid in the /hilippines (c) rt. K'B : 7ill made by an alien abroad maybe executed according
to formalities prescribed by law where he resides, his country or what civil code prescribes. (d) rt, K'8 :
will made by an alien in the /hilippines executed in accordance with law of his country or law allowed
by his country. (3) rt. 3B, 2amily -ode : marriages contracted by 2ilipinos abroad in accordance with
laws in force in the said country. E,-.% (a) rt. %), par ' . age (b) rt. %), par. 1 : bigamous marriage (c) rt.
%), par. ) : mista$e of identity (d) rt. %), par. B : void under rt. )% (e) rt. %B : psychological incapacity
(f) rt. %8 : incestuous marriage (g) rt. %K : void for reasons of public policy HUMAN RELATIONS I.
ARTICLE 45 ACTIONABLE ABUSE OF RI+HT IS
*+.R.! >reach of promise to marry, not actionable (=ashem Shoo$at vs. - Q 4ermosisima vs. - ) *E:C.!
>reach of promise to marry R some act or event S civil action for damages (/e vs. /eQ 7assmer vs.
Felez) Cases: % -ashe5 ;hookat 6aksh vs% CA, ' ! ;C&A ( 2acts! 5arilou =onzales filed a complaint for
damages against petitioner for the alleged violation of their argument to get married. 5arilou alleges
that she is 33 years old and pretty lass of good moral character while petitioner is an *ranian. The latter
countered and proposed to marry her. /etitioner forced her to live with him but petitionerLs attitude
towards her started to change, he maltreated and threatened to $ill her. /etitioner repudiated their
marriage agreement. *ssue! 7E9 a breach of promise to marry is an actionable wrong.
11

4eld! The existing rule is that a breach of promise to marry per se is not an actionable wrong. This
notwithstanding, the said -ode contains a provision, rticle 3', which is designed to expand the concept
of torts in this 6urisdiction by granting ade<uate legal remedy for the untold number of moral wrongs
which is impossible for human foresight to specifically enumerate and punish in the statute boo$s. *n
the light of the above laudable purpose of rt. 3', the S- held that where a manLs promise to marry is in
fact the proximate cause of the acceptance of his love by a woman and his representation to fulfill his
promise, thereafter becomes the proximate cause of the giving herself unto him in a sexual congress,
when in reality he had no intention of marrying her, and that the promise was only a subtle scheme to
obtain her consent to the sexual act, such would 6ustify the award of damages pursuant to rt. 3', not
because of such promise to marry but because of the fraud and deceit behind it and the willful in6ury to
her honor and reputation. Such in6ury should have been committed in a manner contrary to morals,
good customs or public policy. '% 8e$5osisi5a vs% CA, 0! ,81# /'! 2acts! Soledad -agigas
(complainant), filed a complaint for the ac$nowledgment of her child, -hris 4ermosisima, as natural
child of said petitioner, as well as for support of said chills and moral damages for alleged breach of
promise. /etitioner admitted the paternity of the child and expressed willingness to support the latter but
denied having ever promised to marry the complainant. 0udgment was rendered declaring -hris as the
natural daughter of the defendant and ordering defendant to pay actual, compensatory and moral
damages. *ssue! 7E9 moral damages are recoverable under our laws for breach of promise to marry.
4eld! *t is the intent of the -ongress not to sanction actions for breach of promise to marry. 4owever,
when the breach of promise to marry has been precipitated by seduction, moral damages may be
recovered. There is no seduction in this case where the woman was willing to have intimate relations
with a man. *n such a case, the man cannot be said to be morally guilty of seduction. 7here a woman,
who was an insurance agent and former high school teacher, around %B years of age and
approximately '& years older than the man overwhelmed by her love for a man approximately '& years
younger than her, had intimate relations with him, because she wanted to bind him by having a fruit of
their engagement even before they has the benefit of clergy, it cannot be said that he is morally guilty
of seduction.
3% ,e vs% ,e, 30 7ay !/' 2acts! married man ( lfonso /e), who was the adopted son of a relative of a
girlLs father and who has the same family name as the girl, became very close to the girl and her
family. *n '()3, the man fre<uented the house of the girl (+olita) on the pretext of desiring to teach her
how to pray the rosary. The 3 eventually fell in love. *n '()8, the lfonso as$ed +olita to date him. +olita
came to him and never came bac$. +olitaLs parents, brothers and sisters now sue the defendant under
rticle 3'. *ssue! 7E9 the complaint is actionable. 4eld!The S-, applying rt. 3' ruled that indeed he, a
married man, has seduced +olita through an ingenious and tric$y scheme to the extent of ma$ing her
fall in love with him. Ferily, he has committed and in6ury to +olitaLs family in a manner contrary to
morals, good customs and public policy. "% Wass5e$ vs% CeleB, ' ;C&A /"+ 2acts! 2rancisco Felez
and >eatriz 7assmer, following their mutual promise of love, decided to get married and set September
1, '()1 as the big day. #n September 1, '()1, Felez left a note for his bride.to. be stating that their
wedding should be postponed because the mother of 2rancisco opposes it. The next day, he sent another
telegram telling 7assmer that Felez will return soon. Thereafter, Felez did not appear nor was he heard
from again. 7assmer sued Felez for damages. *ssue! 7E9 breach of promise to marry is an actionable
wrong. 4eld! 5ere breach of promise to marry is not actionable wrong, but to formally set a wedding
and go through all the preparations therefore, only to wal$ out of it when the marriage is about to be
solemnized is <uite different. #bviously, it is contrary to good customs and the defendant conse<uently
must be held answerable for damages in accordance with rticle 3'. (% ;ea Co5 vs% CA, '( Gove5be$ !!!
2acts! Seacom is a corporation engaged in the business of selling and distributing agricultural
machinery, products and e<uipment. Seacom and 0 ** entered into a dealership agreement whereby
Seacom appointed the former as exclusive dealer in the city and province of *loilo and -apiz. *n the

course of the business relationship, 0** allegedly incurred a balance of /'K,K1% for unpaid deliveries
and Seacom brought an action to recover said amount plus interest. 0** alleged that as a dealer in -apiz,
0** contracted to sell 31 units of power tillers to a group of farmers but Seacom ta$ing advantage of
the said information and in bad faith, went directly to the farmers and dealt with and sold 3' units
thereby depriving 0** of unrealized profits. *ssue! 7E9 Seacom was in bad faith.
12

4eld! "es. The principle of abuse of rights under rt. '( departs from the classical theory that Ghe who
uses a right in6ures no oneI. The modern tendency is to depart from the classical and traditional theory,
and to grant indemnity for damages in cases where there is abuse of rights even when the act is not
illicit. rticle '( was intended to expand the concept of torts by granting ade<uate legal remedy for untold
number of moral wrongs which is impossible for human foresight to provide specifically in statutory
law. bsence of good faith is essential to abuse of right. =ood faith is an honest intention to abstain from
ta$ing any conscientious advantage of another. The elements of abuse of rights under rt. '(, are! (') there
is a legal right or dutyQ (3) which is exercised in bad faithQ (%) for the sole intent of pre6udicing or
in6uring another. N!$#! legal right ceases to exist when the law granting it has not been complied
with. /% 7et$obank vs% Wong, '/ 3une '00 2acts! 5indanao =rains (5=) applied for a credit
accommodation with 5etroban$ (5>) to finance its rice and corn warehousing business. s a security for
such credit accommodation, respondent executed a R?5 in favor of 5>. ,ue to 5=Ls failure to pay the
obligation, 5> extra6udicially foreclosed the property. 5= re<uested to postpone the scheduled auction.
5= paid /3&,&&& for the postponement of the auction sale. The same would be postponed for B&
days. ,espite payment, the sheriff proceeded with the auction sale. new T-T was issued in the name of
5>. Respondent unaware of the foregoing developments applied for a credit accommodation with
/roducers >an$ using as security the same T-T which contains the mortgage to 5>. *t was only then that
he learned that his property was already foreclosed. *ssue! 7E9 5> was in bad faith. 4eld! ban$ must
exercise its right to foreclose a mortgage upon the mortgagorLs failure to pay his obligation in
accordance with the clear mandate of the law granting such right. ?ach and every re<uirement of the
law must be complied with, lest, the valid exercise of the right would end. *t must be remembered that
the exercise of a right ends when the right disappears and it disappears when it is abused especially to
pre6udice others. 0% Alegui vs% CA, / 7a$ch '00' 2acts! residential apartment located in 5andaluyong
-ity was formerly owned by Serafia real estate, a company owned by the >arettos. 2or more than 3&
years, unit no. ') was leased by Serafia to Sps. =enguyon. *n a letter, the tenants were informed that the
assets of Serafia had already been transferred to
.>. >aretto ?nterprises. pprehensive that they were about to be e6ected, the tenants formed the an
organization called the >aretto partment Tenants ssociation. They elected rlegui as F/ and +u as auditor.
>elieving that negotiations were still on going, the =enguyons were surprised to learn that the unit they
were leasing had already been sold to +u. +u then sold it to rlegui. *ssue! 7E9 +u and rlegui were in
bad faith. 4eld! 7hile constructive trusts arising out of fraud or duress be an actionable wrong, Sdeclared herein that constructive trust may also arise out of abuse of confidence which is now also be
an actionable wrong. Such that where officers of an association of tenants were tas$ed to negotiate the
purchase of units leased by tenant : members, acted to purchase the units on themselves instead,
violated the trust and confidence reposed on them. The acts of +u and rlegui directly violate the
principles enunciated in rt. '(. +% &a5os vs% CA, Ap$il '00' 2acts! Ramos was advised to undergo an
operation for the removal of a stone in her gall bladder. >y 8!%& .5., ?rlinda was already being
prepared for operation. She was accompanied by -ruz, her sister. in.law who was the ,ean of the -ollege
of 9ursing at -apitol 5edical -enter. 4er surgeon, ,r. 4osa$a, arrived late ('3!') /.5.). ,r. =utierrez
(anesthesiologist) improperly intubated ?rlinda. ,r. 4osa$a instructed another doctor to intubate the
patient. ?rlinda was placed in a trendelenburg position : a position where the head of the patient is
placed in a position lower than her feet. The operation did not go well. ?rlinda stayed in the *-C for a
month until she died. /etitioners filed with the RT- a civil case for damages. *ssue! 7E9 private
respondents were liable for damages. 4eld! ,r. 4osa$aLs irresponsible conduct of arriving very late for
the scheduled operation of ?rlinda is violative not only of his duty as a physician but also of rticle '(. !%
#ui vs% 7atillano, '0 7ay '00" 2acts! +ariosa was employed as laborer in a store owned by >en and
Hiao. d6acent to the said store was another store owned by HiaoLs son, +ui. #n #ctober '(KK, +ariosa
was ta$en ill and was permitted to ta$e the day off. 4e went to the house of his aunt (5atillano). +ariosa

reported for wor$ the day after but Hiao told him that his employment was terminated. 4e was able to
collect only his bac$wages. 4e withdrew money from his ban$ account and bought a cassette and
sunglasses. +ariosa was accused of robbery : he allegedly stole money from >en. +ui mauled +ariosa
and forced the latter to admit the crime. +ui together with /at. +eo Ro6as went to the house of Sps.
5atillano and too$ pants, floor mat and ladies shoes.
13

They also went to +ariosaLs girlfriend and forcibly too$ the cassette and sunglasses. +ariosa executed
an uncounseled confession where he stated that he stole /1&,&& to buy appliances, cassette etc.
+ariosa sued +ui but the case was dismissed. Sps. 5atillano sued +ui for damages. *ssue! 7E9
petitioners were liable for damages. 4eld! Cnder rticles '( and %3 in relation to rticle 3', the dismissal of
the complaint against petitioners are of no relevance to the civil complaint for damages filed by the
in6ured party against them. The action for damages may still proceed despite the dismissal of the
criminal and administrative actions. 0% 7W;; vs% Act )heate$, 0 3une '00" 2acts! 1 employees of ct
Theater were apprehended by the member of the police force for allegedly tampering water meter. #n
account of the incident, the respondentLs water service connection was cut off. ct Theater filed a civil
case against 57SS alleging that the latter acted arbitrarily in cutting off the respondentLs water service
connection without prior notice. ,ue to lac$ of water, the health and sanitation of respondentLs
surroundings and patrons were affected. *ssue! 7E9 the act of 57SS in cutting off the respondentLs
water service connection without prior notice is pre6udicial to the latter 6ustifying the award of
damages under rticle '(. 4eld! right is a power, privilege or immunity guaranteed under the constitution,
statute or decisional law, or recognized as a result of long usage, constitutive of a legally enforceable
claim of one person against that other. 4owever, the exercise of right is not without limitations. 4aving
the right should not be confused with the manner by which such right to be exercised. rticle '( of the -precisely sets the norms for the exercise of oneLs rights which is that it must be exercised in a manner
in conformity with 6ustice and give every person what is due him. % Gikko 8otel vs% &eyes, '+
9eb$ua$y '00( 2acts! formal party was held at 9i$$o 4otel. The party was for invitation only thrown for
the hotelLs manager, a 0apanese national. Then came a person (Roberto Reyes a.$.a. may >isaya) who
was clearly uninvited by the celebrant. The organizer, 5s. +im, approached Reyes and told him to leave.
ccording to 5s. +im, she politely approached Reyes. ccording to Reyes, 5s. +im humiliated him. ,ue to
his traumatic experience, he filed a case for damages against 9i$$o hotel and +im. 9i$$o hotel
contended that pursuant to the doctrine of volenti non fit in6uria, they cannot be made liable for
damages as Reyes assumed the ris$ of being as$ed to leave as he was a gate crasher.
*ssue! 7E9 9i$$o hotel should be held liable for damages. 4eld! The doctrine cannot be used as a shield
against an actionable wrong since the parties herein, although having a right to as$ a gate crasher from
leaving the hotel was still under the obligation (as re<uired by rticles '( and 3') to treat such person
fairly in order not to expose him to unnecessary ridicule and shame. rticle'( $nown to contain the
principle of abuse of rights is not a panacea for all human hurts and social grievances. The ob6ect of
this article is to set standards which must be observed not only in the exercise of oneLs right but also in
the performance of oneLs duties. 7hen this article is violated, an action for damages is proper under
rticles 3& and 3'. The common theme under rticles '( and 3' is that the act complained of must be
intentional. N!$#! Reyes did not win in this case for pieces of evidence were presented that the hotel
did not abuse its right. D!-$0i'# !2 V!l#'$i N!' Fi$ I'F70ia : refers to self. inflicted in6ury, which
precludes the recovery of damages by one who has $nowingly and voluntarily exposed himself to
danger, even if he is not negligent in doing so. Da&'7& A=/G7# I'F70ia : he who uses a right in6ure no
one. Q: What is the $eason behind Da5nu5 Abs?ue 1nHu$ia? ! 2or as long as the person is exercising
his right provided under rticle '(, he cannot be held liable. >ut if there is an abuse of the right, he can
now be held liable. ?xample! 9uisance (can be abated 6udicially or extra6udicially) II. ARTICLE ()
CONTRARY TO LAW
9$ancisco vs% CA, '! Gove5be$ !!! 2acts! . 2rancisco Realty of which dalia 2rancisco is the president
entered into a land development and construction contract with 4erby -onstruction represented by its
president 0aime #ng, pursuant to a housing pro6ect financed by =S*S. 4erby filed a complaint against
2rancisco and =S*S for the collection of unpaid balance under the pro6ect. They entered into a
compromise agreement. *n '(8(, after an examination of the records of the =S*S, #ng discovered that

,iaz and 2rancisco had executed 8 chec$s drawn against *nsular >an$ and payable to 4erby. #ng claims
that these chec$s were never delivered to 4erby. Cpon in<uiry with ,iaz, #ng learned that the =S*S gave
2rancisco the custody of the chec$s. 2rancisco forged the signature of #ng to ma$e it appear that 4erby
had indorsed the chec$s.
14

*ssue! 7E9 petitioners are liable for damages for forging the signature of #ng. 4eld! 2orging the
signature of another without his $nowledge or consent for the purpose of indorsing a chec$ and
depositing the same under the forgerLs account is contrary to law. Cnder the law, every person who
contrary to law, willfully or negligently causes damage to another shall indemnify the latter for the
same. III. ARTICLE (4 CONTRARY TO MORALSB +OOD CUSTOMSB PUBLIC POLICY Cases:
% A$afiles vs% ,hilippine 3ou$nalists, '( 7a$ch '00" 2acts! #n pril '1, '(K8, while 5orales, a reporter
of /eopleLs 0ournal was at the 7/,, ?rmelita, an employee of 9ational *nstitute of tmospheric Sciences
(9* S), lodged a complaint against petitioner (9* S director) for forcible abduction with rape and
forcible abduction with attempted rape. 5orales thereupon personally interviewed ?rmelita for the
purpose of reporting the same in the next issue of /eopleLs 0ournal. 4e tried to contract rafiles to
verify ?rmelitaLs story but failed. 5oralesL report appeared as a headline on /eopleLs 0ournal. /etitioner
instituted a complaint for damages arising therefrom. *ssue! 7E9 rafiles may recover damages. 4eld! *n
order that a discreditable imputation to a public official be actionable, it must either be a false
allegation of fact or a comment based on false supposition. *f the comment is an expression of opinion
based on established facts then it is immaterial that the opinion happens to be mista$en as long as it
might be reasonably inferred from the facts. 4ere, the girl.victim gave her statement in the presence of
the media who subse<uently interviewed her. *n actions for damages for libel, it is axiomatic that the
published wor$ alleged contain libelous material must be examined and viewed as a whole. The
presentation of the news item which is the sub6ect of petitionerLs complaint may have been in a
sensational manner but it is not illegal per se. The newspapers must be given such leeway and tolerance
to enable them to courageously perform their important role in our democracy. '% 6u*ag vs% CA, 0
3uly !!' 2acts! >unag brought -irilo to a motel where she was raped. >unag promised to marry -irilo.
They lived together as husband and wife for 3' days and filed their respective applications for a
marriage license. fter leaving -irilo, >unag filed an affidavit withdrawing his application for marriage
license. complaint for damages for alleged breach of promise to marry was filed by -irilo against
>unag.
*ssue! 7E9 -irilo is entitled to damages. 4eld! The acts of petitioner irremissibly constitute acts contrary
to morals and good customs. These are grossly insensate and reprehensible transgressions which
indisputably warrant and abundantly 6ustify the award of moral and exemplary damages pursuant to
rticle 3' in relation to paragraphs % and '& of rt. 33'(, 333( and 33%1. IV. ARTICLE (( MISTA8E
ACCION IN REM VERSO NO
P0i'-i.l# !2 U'F7/$ E'0i-1&#'$ : applied in rticle 33 (ac<uisition of something) and rticle 3%, -ivil -ode
(one benefited thru act or event causing damage to another). Q: What is the unHust en$ich5ent
p$ovision in p$ope$ty? ! rticle 8'( : regardless of the amount, you are re<uired to give to the public
officer and proper notice is given to the public. *t is only after the lapse of B months when the finder
could ac<uire ownership over it. /rovisions on builder, planter sower : any expenses which involve
necessary or useful expenses of the builder, planter or sower, he has the right to retain it in his
possession until being reimbursed by the owner, otherwise, tantamount to un6ust enrichment. N#>!$i!
07& +#/$i! : ( rt. 3'11) anyone who voluntarily ta$es charge of the agency or management of the
business of property of another without any $nowledge of the latter shall continue doing the same until
the termination of the neglect or abandonment of said property. S!l7$i! I'"#=i$i : the 6uridical relation
which is created when something is received when there is no right to demand and it was unduly
delivered through mista$e, obligation to return it arises. Cases: % 8%#% Ca$los vs% 7a$ina, '!
3anua$y '00" 2acts! 5arina properties entered into a contract (construction of /hase % of 5arina >ay
4omes) with 4.+. -arlos for %B) days. 4.+. -arlos instituted a case for sum of money against 5arina
see$ing the payment of /'1,&&&,&&&. *ssues% (') 7E9 there was un6ust enrichmentQ (3) 7E9 4.+.
-arlos may recover a reasonable value of the services it rendered. 4eld! There is un6ust enrichment

under rticle 33 when a person is un6ustly benefited and such benefit is derived at the expense of or with
damages to another. Cnder the principle of <uantum meruit, a contractor is
15

allowed to recover the reasonable value of the thing or service rendered despite the lac$ of written
contract in order to avoid un6ust enrichment. Auantum meruit means that in action for wor$ and labor,
payment shall be made in such amount as the plaintiff reasonably deserves. To deny payment for a
building almost completed and already occupied would be to permit un6ust enrichment at the expense
of the contractor. '% Aguila$ vs% CA, 0 3uly '000 2acts! guilar entered into a lease agreement with
Sps. 0uguilon. /etitioner paid advance rentals. To comply with their obligations, the spouses vacated the
second floor but they moved bac$ because the spousesL own building is under construction. guilar
instituted an action for specific performance against the spouses. *t prayed that the spouses be ordered
to deliver to him the entire property which was the sub6ect matter of the lease contract. *ssue! 7E9
there was un6ust enrichment. 4eld! *t is but fair that the spouses made to pay a fair rental value for the
use and occupation of a portion of the leased premises from the time they have returned to said
building. *t would be un6ust enrichment for the private respondents to demand rent for the entire
leased premises when they themselves are at the same time occupying a portion thereof. V. ARTICLE
(< UNDERDO+ COURT3S PROTECTION OF THE
2acts! +impin and postol doing business under the name of ,avao +ibra *ndustrial Sales filed an
application for an irrevocable domestic letter of credit with ssociated >an$ for the amount of /1()H in
favor of +S /arts 4ardware for the purchase of scrap irons. The >an$ issued a trust receipt. The
defendants +impin and postol failed to comply with their underta$ing under the trust receipt. ,efendants
claim that they cannot be held liable as the scrap iron were lost when the vessel transporting them sun$.
RT- and - ruled against petitioners. /etitioners now contends that - had departed from the applicable
basic principle and procedure to the case embodying ssociated >an$Ls claim for the civil liability of /
1()H not having been expressly reserved by it, has been not only impliedly but in fact expressly
instituted in criminal case. the applicable basic principle and procedure to the case embodying
ssociated >an$Ls claim for the civil liability of /1()H not having been expressly reserved by it, has been
not only impliedly but in fact expressly instituted in criminal case. *ssue! 7E9 the civil liability is
deemed instituted 4eld ! 7hile a reading of Rule ''' shows that the offended party is re<uired to ma$e a
reservation of his right to institute a separate civil action, 6urisprudence instructs that such reservation
may not necessarily be express but may be implied which may be inferred not only from the acts of the
offended party but also from acts other than those of the latter. 9othing in the records at hand shows
that private respondent ever attempted to enforce its right to recover civil liability during the
prosecution of the criminal action against petitioners. VIII. ARTICLE 3) CIVIL OBLI+ATIONS
ARISIN+ FROM CRIMINAL OFFENSE. ARTICLE 3A RESERVATION OF CIVIL ACTION
SHOULD BE MADE BEFORE THE PROSECUTION PRESENTS EVIDENCE IAJ ARTICLE 4))B
RPCB PERSON CRIMINALLY LIABLE IS ALSO CIVILLY LIABLE +.R.% ?xtinction of penal
action does not carry extinction of civil action (Sec. 3, Rule ''', R#-) R#a/!'% Auantum of evidence in
civil case T criminal case E:C.! *f ac<uittal is based on a finding that the accused did not commit the
criminal acts imputed to him (7estern vs. Salas) Weste$n vs% ;alas, ' August !!0 4eld! 7here the
ac<uittal is on a finding that the defendant did not commit the crime complained of, a
Pa0#'/ Pa$0ia# : sovereign power of the state in safeguarding persons under disability. VI. ARTICLE (5
PROOF BEYOND REASONABLE DOUBT PREPONDERANCE OF EVIDENCEH ACDUITTAL
IN CRIMINAL ACTION RELIEF FROM CIVIL LIABILITY E:C.! -riminal case does not exist. VII.
INDEPENDENT CIVIL ACTION IARTICLE 34J CIVIL OBLI+ATION NOT ARISIN+ FROM A
FELONY I'"#.#'"#'$ Civil A-$i!' : one brought distinctly and separately from the criminal case (Sec. %
Rule ''', R#-) IAJ ART. 3( BREACH OF CONSTITUTIONAL AND OTHER RI+HTS IBJ ART. 33
DEFAMATIONB FRAUDB PHYSICAL IN;URIES ICJ ART. 3< REFUSAL OR FAILURE OF CITY
E MUNICIPAL POLICE TO +IVE PROTECTION IDJ ART. (466 DUASI DELICT OR CULPA
ADUILIANA ;a$5iento I #i5pin vs% CA, '0 Dece5be$ '00'

16

civil action Gex.delictoI cannot prosper. c<uittal in a criminal action bars the civil action arising
therefrom where the 6udgment of ac<uittal holds that the accused did not commit the criminal acts
imputed to him. IBJ EFFECT OF DEATH OF THE ACCUSED TO THE CIVIL LIABILITY ISEC. <B
RULE 444B ROCJ Cases: % ,eople vs% ;endaydiego, '0 3anua$y !0+ 4eld! ,eath of the defendant
during the appeal or before the 6udgment of conviction by the lower court become final and executory
extinguished his criminal liability but his civil liability survives. ( > 9,#9?,U) '% ,eople vs% 6ayotas,
' ;epte5be$ !!" 4eld! ,eath of the accused pending of his conviction extinguished his criminal liability as
well as his civil liability based solely thereon. This means that if the civil action is one called ex delicto
or arising from the crime, the death of the accused extinguishes both the criminal and civil aspect of the
case. 4owever, a civil action not arising from the crime such as those arising from other sources of
obligation which is not a crime (such as law, contracts, <uasi. contracts and delicts) the claim for civil
liability survives notwithstanding the death of the accused. 7here that civil action survives, an action
for recovery from such may be pursued only by way of filing a separate civil action. This separate civil
action may be enforced either against the executor, administrator of the estate of the accused depending
on the source of the obligation. /rescription will not lie against the filing of a separate civil action when
the offended party opted to institute the civil action simultaneously with the criminal action and then
later, the civil action was extinguished together with the criminal action after the death of the accused.
The statute of limitations on the civil liability is deemed interrupted during the pendency of the
criminal case and conformably with provisions of rticle '')) of the --, that should avoid any
apprehension on a possible privation of right by prescription. ICJ SEC. 4B RULE 444B ROC UNDER
THE 4558 RULES ON CRIMPRO INSTITUTION OF CIVIL ACTION WITH CRIMINAL ACTION
WAS E:TENDED TO ARTICLES 3(B 33B 3< AND (466 OF THE CC. UNDER THE ())) REVISED
RULES ON CRIMPROB ONLY CIVIL LIABILITY ARISIN+ FROM OFFENSE CHAR+ED IS
DEEMED INSTITUTED WITH THE CRIMINAL CASE +.R.! -ivil liability arising from the offense
charged is deemed instituted with the criminal action.
E:C.% (') #ffended party waives civil action (3) #ffended party reserves the right to institute it
separately (%) -ivil action instituted before criminal action. N!$#% The reservation of the right to
institute separately the civil action shall be made before the prosecution starts presenting its evidence
and under circumstances affording the offended party a reasonable opportunity to ma$e such
reservation. ;a$5iento vs% CA, '0 Dece5be$ '00' 4eld! The reservation to file a separate civil action
may not be necessarily be express but may be implied which may be inferred not only from the acts of
the offended party. 2ailure of the court to ma$e any pronouncement, favorable or unfavorable as to the
civil liability of the accused amounts to a reservation of the right to have the civil liability litigated and
determined in a separate action, for nowhere in the R#- is it provided that if the court fails to determine
the civil liability, it becomes no longer enforceable. The appearance of the offended party in the
criminal case through a private prosecutor may not per se be considered either as an implied election to
have his claim for damages determined in said proceedings or a waiver of his right to have it
determined separately. 4e must actually or actively intervene in the criminal proceedings as to leave no
doubt with respect to his intention to press a claim for damages in the same action. *n the present case,
the withdrawal of appearance of offended partyLs counsel in the early stage of the criminal proceedings
is a clear intention of not submitting its claim for civil liability against the defendant in the criminal
case. N!$#% ,ue to the dual concept of civil liability, more than one civil action to recover civil liability
arising from the same act or omission is allowed, only limitation is against double 6eopardy. Cases: %
Ace 8aule$s vs% CA, '3 August '000 4eld! *n negligence cases the offended party has the option
between an action for enforcement of civil liability based on culpa criminal under rticle '&& of the R/and an action for recovery of damages based on culpa a<uiliana under rticle 3'88 of the --. rticle 3'88
however, precludes recovery of damages twice for the same negligent act or omission. 7here accused
has been criminally charged (granting recoverable indemnity) and in the separate civil action,

17

damages has been awarded, the offended party may only be entitled to the bigger award of the two, if
the amounts vary. '% 7accay vs% ;ps% Gobela, 3 7a$ch '00( 4eld! court trying a criminal case cannot
grant the award of damages in favor of the accused. The court trying a criminal case should limit itself
to the criminal and civil liability of the accused. lso, under Sec. '(a), R#-, the accused cannot file a
counter.claim, cross. claim or %rd party complaint, the sub6ect matter thereof should be litigated in a
separate civil action. Di/-7//i!' !2 A0$i-l#/ (5 $! 3A ( +0!7./% 4. Fi0/$ >0!7. : rticles 3(, %& and %).
7ith reservation. Relate these articles to rticle '&& of the R/- and Sec. ', Rule ''', R#-. (. S#-!'" >0!7. :
rticles %'.%1 and 3'8B. ?ven without reservation. Q: Why g$ouped? ! because in the first group, a
person criminally liable is also civilly liable. 5ay arise from tort. Q: What a$e the sou$ces of
obligation? ! law, contract, <uasi.contract, delict, <uasi.delict. ?xamples! Slapping incident in public
can be a slander by deed. 3 liabilities may arise, one civil and one criminal. Fehicular accident and the
passengers died. -ivil case : damages. -riminal case : rec$less imprudence resulting to homicide. Q:
What a$e the possible sou$ces? ! Auasi delict : important element is negligence. ?ven without
reservation, civil case may be filed. 4owever, if pursuing based on delict, reservation should be made. :.
ARTICLE 36 PRE;UDICIAL DUESTION. SEE SECTIONS 6 AND 6B RULE 444B ROC P0#F7"i-ial
D7#/$i!' : one which must be decided first before a criminal action may be instituted or may proceed
because a decision therein is vital to the 6udgment in the criminal case. El#&#'$/ !2 P0#F7"i-ial D7#/
$i!'% I&#&!0i?#J (') -ivil action involves an issue similar or intimately related to the issue raised in the
criminal action (3) Resolution of such issue determines whether or not the criminal action may proceed.
(%) 0urisdiction to try said issue must be lodged in another tribunal (1) -ivil action must be filed first
before the criminal action

the issue in the criminal case is entirely different in the civil case but the issue in the latter is intimately
related with the former
Ti.% *n the >ar ?xam ') 3) *mmediately identify what are the 3 cases involve. s a rule ' civil ' criminal
case The civil case should be filed first. a. *f the criminal case preceded the civil and it appeared that
the accused filed the civil case, it would show that he filed it to benefit him, if the accuse filed a motion
to suspend the criminal case, base on the existence of a /A. pursuant to elements, go bac$ to criminal
case and determine how is the crime committed I#l#&#'$/J go bac$ to the civil case, if the civil case
would be decided in favor of the accused, would it have any effect as to the elements of crime, if yes,
there is /A, if no effect no /A
3)
1)
?xample% ') 3) %) ,eclaration of 9ullity of 5arriage (-ivil) >igamy (-riminal -ase) ssuming that the
9ullity is filed ahead, then go to elements of >igamy. ?lements of >igamy! >igamy is committed by any
married person (a) first valid marriage (b) not yet legally dissolve during the existence of the first
marriage (c) accuse contracted second marriage (d) which has all the essential and formal re<uisites of
a marriage
E22#-$ !2 Fi0/$ Ma00ia># a/ a N7lli$@ Q: 1f the fi$st 5a$$iage is a nullity, will it affect the 6iga5y
caseJ does it 5ean that the accused did not co55it 6iga5y? ! 9oB when the accused contracted the 3nd
marriage, the first marriage is still existing (one of the elements) so if later on it will be declared void, it
will not negate the fact that at the time he contracted the 3nd marriage, there already is bigamy since at
the time of 3nd 5arriage, the 'st marriage is yet to be declared as annulled Therefore all elements of

>igamy is present, the nullity of the 'st marriage has no effect even if later on declare void. E22#-$ !2
S#-!'" Ma00ia># a/ a N7lli$@ *f the ground of declaration of nullity of 3 nd marriage is absence of
5arriage +icense, if the 3nd marriage is declared void, will it affect element of >igamy (?lement number
1), that for bigamy to exist 3nd marriage should also be valid, if there is no 5arriage +icense, then the
1th element is not present hence there is /A.
18

Q: 1f the g$ound is psychological incapacity, will the answe$ be the sa5e? ! 9o, /sychological
*ncapacity is not an essential or formal re<uisite of 5arriage, although is a ground for declaration of
9ullity of marriage *t would not have any effect in >igamy case, even if later annulled because at the
time 3nd marriage was contracted, it has all element of a valid marriage, it 6ust happen that
psychological incapacity is a ground at present under the 2amily -ode and such ground has no
retroactive effect as to the decisions of 9ullity, why? *f the ground is /*, children born before the
declaration of nullity will remain legitimate, but if the ground is lac$ of essential or formal re<uisites of
marriage, children although born before the declaration of nullity they will be considered illegitimate,
because the decision can be given a retroactive application. E,a&.l#% A''7l&#'$ !2 C!'$0a-$ !' $1# >0!
7'" !2 20a7" ICivilJ. BP (( IC0i&i'al -a/#J (3) =ranting the civil case was filed ahead of criminal case.
(%) >/ 33 is violated by issuing a chec$ which has not been sufficiently funded. (1) if the contract will
be annulled on the ground of fraud, will it affect the decision in >/ 33, 9#, because, in >/ 33, regardless
of the reason for the bouncing of the chec$, what is material is that upon issuing, there is no fund from
which is may be drawn, that is why there is no defense in >/ 33. D% I/ $1# -ivil -a/# i' $1i/ i'/$a'-# a PD
i' BP ((9 ! 9o, because even if the contract is subse<uently annulled the violation of the law has nothing
to do with whether or not the contract was later on annulled. E,% E/$a2a IC0i&i'al Ca/#J A''7l&#'$ !2
C!'$0a-$ ICivilJ. Q: What is one of the i5po$tant ele5ent in the co55ission of @stafa? ! 2raud, so if in
the annulment case the existence of fraud had been established and the contract was annulled, it is then
possible that it would have an effect upon the existence of estafa because if it is prove that the
complainant in the criminal case has commited fraud for the annulment of contract, then it follows that
the defendant in criminal case did not commit estafa. 4ere there is a /A. 3udge )a5in, !!' S- gave an
exceptional case, that even if there are 3 civil case, there can be a /A, this is an isolated case. >ecause as
a general rule, for a /A to exist there must be ' civil and ' criminal. *n this case, it involves a cadastral
case and e6ectment case, and the court ruled that even if there are 3 civil cases there is a /A, because in
this case, defendant in the e6ectment
case is claiming that the property were he is in possession belongs to him. *f the cadastral proceeding
will push through and will be rendered in his favor, then it will follow that he is not an illegal settler,
that the property really belongs to him. D5ikting vs% CA, '000 4ere it involves an intra.corporate issue.
There is an authority given by the corporation to a third person to act in behalf of the corp. The other
case is an estafa case. S- held that the resolution of the issue raise in the intra.corporate dispute will
determine the guilt or innocence of respondent for the crime of estafa filed against him. #ne of the
element of the crime of estafa is with abuse of confidence under rt %') par '(b), is a demand made by
the offended party to the offender. Cnder the circumstance since the allege offended party, the validity
of the demand to deliver the sub6ect vehicle rest upon the authority of the person ma$ing such demand.
4ere this is a special $ind of estafa, where one of the elements is the authority of the person who made
the demand, it 6ust that in the civil case the issue is whether or not there was really an authority given
to the person who made the demand. So if it can be shown that there was really an authority then it
follows that there is no estafa committed. 4ere there is also a /A. PERSONS I. CLASSIFICATION OF
PERSONS ( ) 9atural /erson (>) 0uridical /erson Q: What if in the p$oble5, the ?uestion would be
5ultiple choice and you will be ask to identify who is a Hu$idical pe$son% N!$#! -o.ownership does
not have a 6uridical personality, a partnership does. a. b. c. d. e. f. -o.ownership /artnership -redit Cnion
,epartment of 0ustice #ffice of the #mbudsman +ocal =ovLt of Haloo$an ;URIDICAL CAPACITY
II. ARTICLE 36 CAPACITY TO ACT
0uridical person, has its own 6uridical personality. 0uridical -apacity is different from capacity to act. ;
70i"i-al Ca.a-i$@ : fitness to be the sub6ect of legal relations. /resupposes personality and is
inseparable from it. Ca.a-i$@ $! A-$ : power to do or carry out acts that will have 6uridical effect. -an

be ac<uired or may be lost by a person in varying degrees.

19

Q: )$ue o$ 9alse, a pe$son that has Hu$idical capacity has capacity to act? ! 2alse, because even if one
has 6uridical capacity, there maybe certain restriction in ones capacity to act) ?xample! >uboy and >ell
has 6uridical capacity but they do not have the capacity to ta$e the > R exam, if their educational
attainment restrict their capacity, because they may be college graduate but not a law graduate. Q: )$ue
of 9alse: pe$son with a capacity to act, has a Hu$idical capacity? ! True, because if one has the capacity
to act it follows that the said person can enter into any 6uridical relationship, who may be a natural or
6uridical person that has a 6uridical capacity. III. ARTICLES 38 AND 35 CAPACITY TO ACT
RESTRICTIONS ON
favorable to it. The word favorable is important, because even if the child still inside the womb, there is
an act performed by a third person in favor of the conceive child, but that act is not favorable to the
conceived child, the provisional personality being given to the conceived child will not be applicable. rt
1&, apply only if the act performed by the third person is favorable. ?x! in the will of the biological
father, it allege that he is ac$nowledging the child being conceive by his longtime live in partner 5aria,
he will donate his house and lot to the baby being conceived by 5aria. The act of ac$nowledgment and
donation is both favorable. >ut what if the biological father would state that all his obligation will also
be assumed by my child with 5aria, the same can no longer be considered as favorable, hence the
provisional personality of the child will no longer be applicable to the conceive child That presumptive
personality should become conclusive later on and the law gives the re<uirement for it to be conclusive
and the law re<uires that Gif the child had an intra.uterine life of less that 8 months, it should be alive
for at least 31 hours from the time of its complete delivery, but if the child has intra.uterine life of 8
months or more, it need not survive for 31 hrs. what is important is that it is alive from the time it is
completely delivered. =oing bac$ to the case of baby of 5aria, can she claim the inheritance or demand
for support after the birth of the child, yes, provided that, applying rt 1', Gif the child is less than 8
month, it survived for 31 hrs, because if it did not survive even if there is a donation in a will, the child
did not ac<uire 6uridical capacity, hence legally spea$ing has never become a natural person. >ut if the
child survives for 31 hrs, then after lapse of 31 hrs he died, can 5aria still recover the donationJ "?S,
because the 31 hrs re<uirement has been complied with, assuming it had less than 8 months of
intra.uterine life, thus legally spea$ing when it was born it was considered as a natural person, the
mother being a compulsory claim, has the right to claim the donation given to the child. >ut if the child
is 8 months or more, then after delivery it cried, then died, 5aria, may still get the donation because the
child need not live for at least 31 hrs. ssuming the problem given is so general, and it did not state how
old is the child when it was delivered, you must ma$e a <ualification, provided that the act is involve is
favorable to the conceive child, otherwise no need to ma$e a <ualification, in that sense, the conceived
child never had a presumptive personality to spea$ of. /resumptive personality pertains only to a
conceived child. *t does not apply to corporation about
I'-a.a-i$@ : is the restriction of a personLs capacity to act. rt %K.%(, restriction on capactity to act , we
do not apply the ?xpression Cnios Rule. There are ceratin resriction which might not appear in the
enumeration but may still be considered as a restriction to once capacity to act. So if one desires to
practice the profession of law in the /hilippines, but he is not a 2ilipino citizen, his nationality would be
considered as a restriction on his capacity to practice law in the /hil. ( Cla//#/ !2 R#/$0i-$i!' E I'-a.a-i$@
% (') 9atural incapacity! (a) ,ue to lac$ of development : minority (b) ,ue to disease : insanity,
deaf.mute, impotency (3) -ivil incapacity! (a) ,ue to crime : civil interdiction (b) ,ue to public policy :
family relations, domicile, 9ationality, insolvency, absence *V. ARTICLE <) ARTICLE <4 A0$i-l# <)
a'" <4 >irth determines /ersonality. >ut a conceived child should be considered born for all purposes
favorable to it. De 3esus vs% ;y?uia I -eluB, (+ ,81# ++/ The case of ,e 0esus has something to do with
a donation to a conceived child. *n the latter case, it involves a claim for damages for an aborted child.
*n the former, the donation as considered as valid and binding to the conceive child, even if the child

was not yet born. Why? Ta$e note of the phrase, shall be considered born (even if still conceive), for
purposes CIVIL PERSONALITY
20

to be registered, the law is very clear, it pertains only to a conceived child. #i5Hoco vs% @state of
9$agante, !"+ S- held that the estate of the deceased is a 6uridical person. So that in succession
although the definition of succession includes transfer of rights property and obligation, strictly
spea$ing the obligation is not being transferred. Why? >ecause, prior to partition, the creditors will be
the to be settled first, they can sue the estate because it is a considered a 6uridical person. ARTICLE <3
PRESUMPTION ON SURVIVORSHIP E SIMULTANEOUS DEATH. FACTS ARE UN8NOWN
APPLIES WHENEVER PARTIES WHO DIED ARE CALLED TO SUCCEED EACH OTHER.
OTHERWISEB SEC. 3 PAR ;;B RULE 434 OF THE ROC ON DISPUTABLE PRESUMPTIONS
APPLIES. N!$#% See Rule '%', Sec. ) (HH), R#Q: Assu5ing that 3uan and 5a$ia got d$owned in a
flood cause by ove$flowing of the da5, who was the fi$st one who pe$ished? Will a$ticle "3 be
applied? ! 9o, even if they have been living together as husband and wife for more that '& years, but
not legally married, he cannot apply rticle 1% because this article will only apply if people involve is
called to succeed to each other, that why this should be connected to the rules on succession as to who
is considered as a compulsory heir. *f live in partner, no application. /resumption on survivorship
involves person who died are called to succeed to each other legally. Q: What if in the will the na5e is
w$itten as volunta$y hei$? ! *nstituted heir but not compulsory heir, so still not applicable. R7l# 434
S#- 3 a'" A =ives the presumption as to who died ahead of whom. *n the bar exam, stic$ to this
presumption. D!&i-il# a'" R#/i"#'-# I' Civil Law D!&i-il# : there is an element of permanence, place
where one intends to return R#/i"#'-# : temporary in character I' P!li$i-al Law IEl#-$i!' Law i' .a0$i7la0J The distinction has disappeared. FAMILY CODE EFFECTIVITY A7>7/$ 3B 4588
Cnder rticle 3)B, the 2amily -ode may be given retroactive effect, provided that it will not affect vested
rights. #ne might encounter a problem in the bar exam wherein, if the date is indicated, that serves a
warning whether the family code or the civil code would apply. *f there is no date, then the new civil
code would apply. Sometimes the situation would fall under the phrase Gprovided that it will not affect
vested rightsI : -ase of Ty vs. - . Ma00ia># A0$i-l# 4 I&#&!0i?#J Q: 1t says the$e that a cont$act of
5a$$iage is a special cont$act% Why special? ! >ecause in an ordinary contract, there is a meeting of
the mind but at the same time parties have the discretion to enter into any $ind of stipulation. >ut in a
contract of marriage parties do not have the discretion to enter into any $ind of stipulation. Acebedo vs
% A$oce$os n instrument entitled $asunduan executed by the husband and the wife was declared null
and void for being against public policy. /arties are not allowed to stipulate for themselves their
separation and allow the other party to marry of the other in the absence of 6udicial intervention. That
is an agreement that is against the law. the definition of rticle ' (2-), is explicit, its only during an ante.
nuptial agreement that a party can enter into a stipulation as to what $ind of property relationship
would govern the properties that they would ac<uire during their marriage. >ut when it comes to right
and obligations, they are imposed by law not by the parties to a marriage. Q: A, felt like he likes 5o$e
to play with dolls than $obots, so afte$ taking the ba$, A went to 8ongkong and when he $etu$n back in
the ,hilippines, he co5pletely change% A 5a$$ied 6 Ea guy alsoF, afte$ seve$al atte5pt they we$e not
blessed with a child, late$ 6 found out that A is a guy% 1s the 5a$$iage conside$ed valid? Would the
5a$$iage be voidable on the g$ound of f$aud? Can that be conside$ed f$aud in the fi$st place? ! Ta$e
note that the enumeration of fraud in the 2- is exclusive, so cannot fall under 2raudJ >ut can it be use as
a ground for declaration of nullity of marriageJ "?S, on the ground of Kl#>al -a.a-i$@L MMM
marriage is a union between a man and a woman. ;ilve$io vs% &epublic 4as something to do with a
guy who later on became a woman. 4e had a sexual transplant. 4e filed a petition for correction of entry
in his birth certificate he wants to change his name and his sex to
21

a female. S- held that entry in the birth certificate should refer to data at the time of birth not to any
event which would later transpire. The trial 6udge erroneously grants the petition to change the sex of
the petitioner, because at the time of his birth petitioner is a man not a woman. There is a case, where a
girl, who had a sexual transplant and change her genital organ into a penis. 4owever until now she
remains to have 3 ovaries and ' uterus, so notwithstanding her transplant, they cannot together with her
wife, produce a child. So they decided to have an artificial insemination, wherein she herself got
impregnated. *f in case, a problem in the bar would be as$ whether the marriage is valid, 6ust stic$
with rticle ', a marriage is a union between a man and a woman. 5arriage with the same sex cannot be
considered valid here in the /hil, unless the definition would be amended. A'!$1#0 C!&.!'#'$ !2 L#>al
Ca.a-i$@ A># Cnder the Spanish -ivil -ode, the marrying age is still '1 for female, 'B for male. Cnder
-anon +aw, '1 for female 'B for male. ssuming that one decided to solemnized the marriage of below 'K
since that is the marrying age under the -anon +aw, remember that -anon +aw would always submit to
-ivil +aw. ,a$ental Consent between the ages : + to ' , absence of which will only ma$es the marriage
voidable. ,a$ental Advice between the ages : ' to '(, absence of which would not ma$e the validity of
marriage. Q: 1s the$e a cont$adiction as to age of +.' K' .'(? ! 9o, what is the $eason? >ecause in
application for marriage, one cannot consider himself to be exactly 3', remember rt '%, ' day is e<uals
to 31 hours, and in every second that passes, one gets older, and thatLs the reason why the law states
'K.3' E 3'.3). That is why in our birth certificate we could see the hour and time of our birth, this means
for instance that we are 3' years of age at that particular hour and minute and after that lapse, we get
older by another second or minute for that matter. -a$cia &ecio vs% &ecio The absence of certificate of
legal capacity is merely an irregularity in complying with the formal re<uirement of procuring a
marriage. n irregularity which will not affect the validity of the marriage. Why? >ecause itLs different
if what is absent is the marriage license not the certificate of legal capacity. *t is different however, if
one of the contracting parties is a foreigner, because a foreigner who contracts marriage here in the
/hilippines would not be able to obtain a marriage license. So in lieu of the marriage license, the
foreigner would have to secure a
certificate from his embassy that he has the capacity to contract a marriage. The same thing with
2ilipino who would contract marriage abroad, they did not have to secure the license from the /hil, the
certificate coming from the /hil ?mbassy suffice. C!'/#'$ F0##l@ +iv#' nother essential re<uisite of
marriage, absence of which would ma$e the marriage void ab intio. (Fices of -onsent) N!$#% if in the
bar the <uestion has something to do with the vices of consent in marriage, answer the <uestion in
relation to contracts in general +egal -apacity and -onsent freely given are the essential elements. rticle
') in relation to rticle '8, the former spea$s of nationality theory, if one is going to marry abroad, one has
to ma$e sure, that the essential re<uirements as to +egal -apacity e.g. age and sex, and consent freely
given, the law that governs should be the 2amily -ode for 2ilipino where ever they may be found. s to
the formal re<uisites, the authority of the solemnizing officer, marriage license, marriage ceremony,
connecting with article '8 of the -ivil -ode, lex loci celebrationis, extrinsic elements. So if one would
marry abroad, if in that country, marriage license is not an element, the marriage would be valid here in
the /hil. pplying rticle '8 of the -ivil -ode, in relation to the 2amily -ode. >ecause it does not fall under
any of the prohibited marriages, in the same way when we spea$ of marriage by /roxy. A7$1!0i$@ !2
S!l#&'i?i'> O22i-#0 M#&!0i?#% persons who are given the authority to solemnize marriage. Q: 7ayo$
of 7anila, celeb$ated the 5a$$iage August ', !!+, is the 5a$$iage valid? ! Remember, if thereLs a date, it
serves a warning because, the law that is applicable would either be the -ivil -ode or the 2amily -ode.
"es, under the -ivil -ode the 5ayor is one of those persons authorize to celebrate marriage. That
authority is however ta$en away from him by the 2amily -ode. Q: What if the 5a$$iage is celeb$ated on
3an% , !! , is the 5a$$iage valid? ! 9o, remember that the +ocal =overnment -ode too$ effect one year
after its promulgation on 0an. ', '((', hence effective on 0an ', '((3, that is the only time when the
authority of the 5ayor was given bac$ to solemnize marriage. Ti&# 20a&#% ugust % '(KK : ,ec %', '((',

a 5ayor has yet no authority to solemnize marriage.

22

Q: What if the pa$ties believe in good faith that the 7ayo$ had the autho$ity to sole5niBe in 5a$$iage,
is the 5a$$iage valid? ! 9o, ignorance of the law excuses no one in compliance therewith. in the 2amily
-ode, when we refer to circumstance of =ood 2aith, it should refer to a mista$e of 2act not a mista$e of
law. Remember that as long as the state has enacted a law, even if one did not read it, ignorance thereto
excuses no one from complying therewith, and since under the 2amily -ode, a 5ayor is not given the
authority to solemnized marriage, good faith of the contracting parties would not ma$e the marriage
valid. #a>a5ana vs% 6altaBa$, !' ,81# 3' Q: What if the Cice.7ayo$ sole5niBed the 5a$$iage is it valid?
! *f the Fice.5ayor is acting as a 5ayor the marriage is valid. So ma$e a <ualification. So otherwise, if
he is acting in his capacity as a Fice.5ayor, the marriage is null and void. >ecause a Fice mayor is not
given the authority under the +ocal =overnment -ode to solemnized 5arriage. Q: 3ustice Lenaida
@lipanio, celeb$ated the 5a$$iage of A and 6, is the 5a$$iage valid? ! 9o, ta$e note that 0ustice
Penaida ?lipanio is not one of the 6ustices of the Regular -ourt, but only of the #ffice of the court
dministrator, but only with a title of the 6ustice. ?ven if she assume the position of the 6ustice, she is
not one of those authorize to solemnize marriage because only the 6ustices of the S-, - , -T ,
Sandiganbayan, RT-, which are allowed to solemnized marriage. nother example, the Secretary of ,#0,
we address him as 0ustice Raul =onzales but he is not a 6ustice or even a member of the 0udiciary but
he holds a title of a 6ustice. +i$ewise +abor rbiters, are address as 6udge, because their position is
co.e<ual with 6udges of RT-, however they still do not fall within the enumeration and therefore any
marriage celebrated by them is null and void. N!$#% so find out who are incumbent at present and as
to $nown 5ayor of 5etropolitan 5anila. Gava$$o vs% 3udge Do5agtoy, ! 3uly !!/ *nvolves a 6udge
solemnizing a marriage outside his territorial 6urisdiction. ccording to this ruling, that it is simply
considered as an irregularity. Q: What if it is the 7ayo$ who celeb$ates 5a$$iage outside his te$$ito$ial
Hu$isdiction? ! pply by analogy the ruling in 9avarro, because so far there is yet no Supreme -ourt
Ruling regarding that matter. (5amLs opinon! she does not agree with the ruling, it would have been
better daw if the reason given by
the ponente is that the parties believe in =ood 2aith, that a 6udge can celebrate marriage even outside
his territorial 6urisdiction, because the 6urisdiction of a 6udge can only be $nown by lawyers or law
students somehow. >ut for purposes of the bar, stic$ with ruling in 9avarro case, that it is merely
considered as an irregularity. P0i#/$B 0a==iB i&a&B &i'i/$#0/ !2 $1# C170-1 ?xample! 5i$e Felarde
of ?l Shaddai does not have the authority to solemnize marriage. 4e is still a catholic. ?l Shaddai, is
recognized group of the Roman -atholic and that he is not a clergy merely that head of such group.
4ence a marriage solemnized by him is null and void because he is not a priest S1i. Ca.$ai'B Ai0.la'#
-1i#2B &ili$a0@ -!&&a'"#0B >#'#0al -!'/7lB vi-# -!'/7l *mmediately connect to marriage under
exceptional character, why? >ecause this people are given the authority in cases where time is of the
essence. #ne of the parties is in articulo mortis, which is the common factor. 2or them to be given the
authority, ma$e sure that the elements are all present, otherwise if one is absent ignorance of the law
excuses no one from compliance therewith, good faith of the contracting parties would not ma$e the
marriage valid. ?xample! marriage celebrated by a ship captain not on voyage between parties where in
not one of them is at the point of death, void. So with a vice consul who return here in the /hil, and
solemnized a marriage here, is void. s in the case of the 5ilitary -ommander, ta$e note that there must
be no -haplain, if there is then it is the chaplain that is given the authority not the 5ilitary -ommander.
Q: What if in the ai$plane, so5e one is in a$ticulo 5o$tis and the$e is a p$iest, who should
sole5niBed? : /riest, under any circumstance has the authority to solemnized for as long as they have
such license to celebrate marriage, the presence of the ship captain or airship captain does not remove
such authority from the priest. The authority of the captains are invo$e only incases where there are no
other person authorize by law to solemnized marriage are present. Q: 7a$$iage sole5niBed by a consul
between one of the pa$ties is a 9ilipino and fo$eigne$ is this valid? ! 3 #/T*#9S! (1) '!$ vali"B focus on
the provision of the family code, that a consul is only given authority to solemnized in the place where

he is appointed as a consul and between 2ilipino citizen (2) vali"B if the argument is base under a0$i-l#
46 l#, l!-i -#l#=0a-i!'i/. Remember that the authority to solemnized marriage is merely a
23

formal element, and under rticle '8, lex loci celebracionis, referring to extrinsic elements, which is also
$nown as a formal element, if in the country where the marriage was celebrated, and the consul is
assigned, and the law of the country gives the consul the authority to solemnized such marriage, if it is
valid in that country and it not prohibited here, it is valid in the /hilippines. =ood 2aith refers only to
5ista$e of 2act and not +aw because of the presence of rticle %, ignorance of the law excuse no one. Q:
A, an e>.se5ina$ian, f$ust$ated se5ina$ian, voluntee$ed as a sac$istan, one day, a 5a$$iage was about
to be celeb$ated, the p$ies was not available so he ask A to call anothe$ p$iest% A p$etended to be
assistant p$iest and celeb$ated the 5a$$iage, is the 5a$$iage valid? ! "?S, remember that a priest is one
of those authorized to solemnized marriage, so if the parties believe in good faith that he is the priest,
Falid, this involves a mista$e of fact. >ut if in the problem 0ustice Raul =onzales celebrated the
marriage, it is not valid, because he is not authorized by law to do so. ?ven if the parties are in good
faith, but since 0ustice =onzales is not one of those enumerated under the law that has the authority to
solemnized marriage, the marriage is not valid. (5ista$e of law) Ma00ia># Li-#'/# 9ote! 4ow to
compute the life existence of 5arriage license. *t should be '3& days counted from date of issuance.
7hyJ ?ven if a document is presented by the contracting parties before the solemnizing officer, and the
marriage is celebrated and it would appear that the '3& days had lapse, the marriage is void ab initio,
ground! lac$ of marriage license. There is no extension of such lifetime. *t is advisable to file
application at least 3 or % wee$s before the intended day of the marriage, because the posting is only
for '& days. *n cases where the '3& days had lapse and a marriage has been contracted, it is void, so if
the civil registrar refuse to record the same because of such fact, then it would be better for the parties
to secure first another marriage license and then for the priest to solemnized the marriage again even if
the canon law prohibits another solemnization between the same parties, the civil code must be upheld.
utomatic upon lapse of '3& days, marriage license no longer effective -ase! -osca v. /alaypayon The
6udge, solemnize a marriage without a marriage license, what the parties merely did is that they
executed an affidavit of cohabitation. 0udge
failed to realized, that, though the parties had been cohabiting for B years, at the time they did so, they
were still minors. >ut in this case, the marriage was not declared void since the same was not the issue
at bar. The 6udge was reprimanded 2ollowing the doctrine in 5inal, the impediment should not be
existing for at least ) years, it should be continuous. Ca/#% S#>7ia v. Ca0"#'a/ The certification issued
by the +-R, must categorically state, that the particular entry, document could not be found in their
office despite diligent search *n this case, there was no search conducted, the individual involve merely
presumed that thereLs no such document that exist. So in the case of marriage license to be as proof,
as$ in the +-R a certification, since in the marriage contract itself, it states there the marriage license
no, date of issue. So to determine if there really is a marriage license, go to the +-R that issued the
marriage license. So if there is no such marriage license in their file list, then as$ for certification
providing that +-R exerted effort to loo$ for the marriage license N!$#! 5emorize 5arriage of ?
xceptional -haracter D7#/$i!'% 7hy are they called marriages of ?xceptional -haracterJ >ecause, the law
considers the validity of the marriage even if it was celebrated without a marriage license. 4. A0$i-7l!
&!0$i/
-ase of Soriano! after the celebration of the marriage without marriage license between one of the
parties who was really sic$ which later on survived, will that affect the validity of the marriageJ 9#,
notwithstanding the survival of the party at the point of death, it would not ma$e the marriage void.
7hat if celebrated between a living and a decease, is the marriage validJ : it must be considered that a
decease has no longer 6uridical capacity and no longer consider a natural person. dead person cannot
give a consent freely given. (. I' 0#&!$# .la-#
Reason! contracting parties cannot go to the office of +-R, to file an application of marriage license.

>ut what is ironical in this case is that it is the duty of the solemnizing officer, that he executes an
affidavit stating that before he solemnize the marriage he ma$es sure to find out whether the
contracting parties have the capacity, which affidavit should be attach to
24

the marriage contract which should be filed before the +-R where the marriage too$ place. *ronic
because of the priest has the access to the +-R, then how come that the parties could claim that they are
in the remote place 3. Ma00ia># i' A0$i-7l! M!0$i/ i' a S1i. !0 a Pla'# -onnect this to people who had
the special authority under exceptional cases to solemnized the marriage ( irplane -hief and a Ship
-aptain) <. Ma00ia># i' A0$i-7l! M!0$i/ wi$1i' $1# ?!'# !2 Mili$a0@ O.#0a$i!'. ?x! was diagnosed to
have only '& more days to live, can a marriage be validly celebrated if a person was diagnosed to die
after '& days, can we consider him in articulo mortisJ 9#, because, for a person to be considered in
articulo mortis, consider the actual status of the person at the time the marriage is actually being
celebrated. The fact that he was given only '& days to live as presumed by the doctor, cannot deemed to
be one in a condition of articulo mortis. A. E$1'i- C7l$70al C!&&7'i$i#/ ?xamples! ifugao, aetas,
$alinga 6. C!1a=i$a$i!' F!0 A Y#a0/ To be considered as marriage under exceptional character, the
impediment should not be existing exclusively, continuously, for ) years. I&.#"i&#'$ : this is construed
in its general term, embracing all $inds of impediment including minority. E,a&.l#% both at / yea$s old
the pa$ties sta$ted cohabiting with one anothe$ fo$ ( yea$s, can thei$ 5a$$iage be conside$ed unde$
e>ceptional cha$acte$ as cohabitation fo$ ( yea$s? -ase of >or6a.5anzano v. 0udge Sanchez, an
administrative matter, where the S- simply stated, the circumstances which should be considered in an
affidavit of cohabitation, and one of them Gthere is no impediment existing at the time the marriage is
celebratedI. ,oes this mean that the >or6a ,octrine replaced the doctrine in 9inal -aseJ (#pinion of
maam : it did not abandon), but what should be considered is the underlying reason why cohabitation
for ) years is deemed marriage under exceptional character, which isV. The /hilippine law does not
accept a common law relationship, but would li$e to protect the rights of common law spouses, (thatLs
why the prohibition for donation between husband and wife is also applicable to them,V. The /hilippine
law does not accept a common law relationship, but would li$e to protect the rights of common law
spouses, (thatLs why the prohibition for donation between husband and wife is also applicable to them,
rt '18 and '1K, also tells us
the property relation of common law spouse, which is -o.ownership, however despite all of this the
2amily -ode would not tolerate any $ind of illicit relationship, so if we would conclude that 5anzano
abandon the ruling in 9inal, it would defeat the purpose of cohabitation. This one is considered as
marriage under exceptional character (0#a/!'J to encourage common law spouses to legitimize their
union. D% What if the ?uestion is that A and 6 fo$ the fi$st ' yea$s had been living togethe$ fo$ with
i5pedi5ent but fo$ the last 3 yea$s until the celeb$ation of thei$ 5a$$iage, the$e was no i5pedi5ent,
how would you answe$ this? ! IO.$i!' 4J stic$ to the ruling in 9inal, always invo$ing the underlying
reason behind the provision. IO.$i!' (J invo$e the 5anzano ruling, where in if we would try to analyze
it, the statement was more of an obiter, because it was not the main issue, it merely refers that one of
the things included in the affidavit of cohabitation, and one of them is that there is no impediment
existing at the time of solemnization of marriage. Q: 1f the sole5niBing office$ lea$ned that a day
befo$e the 5a$$iage, the pa$ties Hust applied fo$ a 5a$$iage license, does the office$ have the $ight to
$efuse to sole5niBe thei$ 5a$$iage? ! 9o, because, they are not duty bound to determine whether
license has been really issued. *f application of marriage license was made on the same day the
marriage was solemnize, there was merely an irregularity and the person involved in the irregularity
would be sanctioned for that, because there should be a '& day publication re<uirement before a
marriage license can be issued. Ma00ia># C#0#&!'@ Q: 1f the &ecto$ of ;an ;ebastian celeb$ates the
5a$$iage in a place outside the chu$ch, is the 5a$$iage valid? ! "es, even if the 2amily -ode states,
inside the private chamber or church, when it comes to the place where the marriage would be held, it
can be change, upon the re<uest of the contracting parties 7hen it comes to location the place can be
change, but what is importance in marriage ceremony is that Gthe parties personally in front of the
officer and exchange their vows or * dos. *n that sense, a marriage is a consensual contract base on
perfection. The absence of a marriage contract will not negate the existence of a celebrated marriage.

*n the absence of the witnesses, who are the sponsor, the solemnizing officer may testify that the
marriage was
25

celebrated, notwithstanding that one of the parties should hide the marriage contract. *n remedial law,
text massaging is already accepted as evidence% )he ?uestion is if the 5a$$iage was celeb$ated
th$ough the use of an inte$net <inte$national confe$ence o$ video confe$ence is the 5a$$iage valid? t
the time the family -ode was enacted, there is yet to cellphones and internet, applying the rule on
statutory construction, in the interpretation of the provision, one rule is that ta$e into consideration the
circumstances when the law was enacted. 7hen the 2amily -ode was enacted, the framers included the
marriage ceremony, personal appearance and declaration of consent, before the solemnizing officer,
that means that they should be physically present in front of the solemnizing officer. #o$ia Case There
was failure on the part of one of the parties to affix their signature on the marriage contract, does it
mean that there is no marriage celebratedJ 9#, marriage is a consensual contract not a formal contract,
even if it is not signed it will not negate the celebration of a valid marriage. 1ntestate @state of Del
-ado Cnder Rule '%', Sec. % par. ( (a) one of the disputable presumptions unless contradicted, Gman
and woman deporting themselves as husband and wife entered into a lawful of contract of marriage,
absence of marriage contract is not a proof that no marriage too$ place, once presumption arises other
evidence may be presented. There is always a presumption that when a marriage is celebrated it is
presumed to be valid unless declare otherwise. s we see it, witnesses are not part of re<uisites 3
witnessesQ the authority of solemnizing officer is a forma re<uisite, if the 5a$$iage is celeb$ated
without witnesses is this valid? "?S, because it is neither a formal re<uisite nor an essential re<uisite. 7e
cannot say that it forms part of the marriage ceremony because, marriage ceremony refers only to the
physical presence of the parties before the solemnizing officer at the time of the exchange of their *
doLs. bsence of witnesses is merely an irregularity which will not affect the validity of the marriage.
@ugenio vs% CeleB The controversy involves the corpse of the decease, as between the legitimate and
common law spouse. S- held the word spouse in article '11 of the -ivil -odeQ refer to a lawfully wedded
spouse. /hilippine law does not recognize common law marriage. Ma00ia># C#l#=0a$#" A=0!a"
-onnect rticle '), '8, rt %) parg ',1,) B, %B, %8, 3K. +ex +oci -elebrationis if it is valid there, it is valid
here and it is not prohibited here, it will be valid in the /hilippines, provided that it only involves as to
the formal re<uisites (authority of officer, marriage license and marriage ceremony) >ut if it involves
legal capacity, consent freely given, if it valid there not here, it will not be valid in the /hilippines. ?
xample! *f a 2ilipino married to same sex abroad, that is an essential element Glegal capacityI we do
not apply rt '8 but rt ') of the -ivil -ode in relation to the 2amily -ode. N!$#% *f it involves the issue of
validity of marriage, enumerate the essential and formal re<uisites. *f there is the presence of all the
essential and formal re<uisites and it does not fall under the prohibited marriage, it is valid. fter
considering if there is a ground of nullity, go now to annulment. >efore doing so, remember the
prescriptive period of annulment, if it has prescribed there is no need to go thru the grounds of
annulment. /rescriptive period, usually ) years except, insanity and lac$ of parental consent, the
prescriptive period of the parent is different but for the parties it is still ) years. RI+HTS AND
OBLI+ATIONS A. T! Liv# T!>#$1#0 IA0$. 68J 1lluso$io vs% 1lluso$io.6uildne$ The parties at the
time that the case was filed and the case was decided the husband was still alive, and it was the wife
who file a case for mandatory in6unction against the husband. *t must be remembered, that a marriage
is a special contract, and what ma$es it special is that the parties cannot stipulate on the terms and
conditions and unli$e in an ordinary contract, wherein incase there is a breach of the terms, the remedy
would be specific performance or rescission. 4ere, if one of the spouses would not li$e to live with
other spouse, is it p$ope$ to file a petition fo$ 5andato$y inHunction, asking the cou$t to co5pel the
husband di$ecting hi5 to live with the wife? N!B S- held that the living together is something personal
between the husband and the wife, its also the same thing with respect to other obligation, (to remain
faithful, mutual respect), this obligation although imposed by law, the court cannot intervene and
compel the other spouse to be bound by the same. The case was dismissed. 9o mandatory in6unction
can be filed in order to compel the spouse to live with one another.

26

D% Does it 5ean that in this case if the othe$ spouse $efuse, is the$e no othe$ $ecou$se? : 9#, there are
sanctions for this breach of obligation.
1. pply to court for Relief ( rt 83, 2-) : refers for damages. C. M7$7al H#l. a'" S7..!0$ *n relation to
support, the support should not only be limited to financial support, but also ta$ing care of the
family. ,elayo vs% #au$on 4ere, the wife, became pregnant and it was the in. laws who accompanied
her to the hospital, and the husband was not there. The in.laws were as$ed to pay for the medical bill
which was refuse. S- said, do not have the obligation to pay for the hospital bill but it is the husband.
Spouses are the first in the list who have the obligation to give support. D. ;!i'$ Ma'a>#&#'$ !2 $1# H!
7/#1!l" 3ade$ 7analo vs% ;ps% Ca5aisa This one should be connected with the property relationship of
the spouse, if the property relationship is one of con6ugal partnership or absolute community and there
is disposition in the property that forms part thereof, under the 2- the re<uirement is that there must be
a written consent of the other spouse. bsence of which, then the sale would be void. N!$# E $i./% that it
is possible in the bar a date might be given. Remember the effectivity of the 2- is ugust %, '(KK. Why?
*f the transaction too$ place before the effectivity of the 2amily -ode, and there is no written consent,
what is the status of the contract of saleJ Cnder the '()& -ivil -ode, the contract of sale is merely
voidable not void ab initio as when it happen after the effectivity of 2-. Refer to -ivil code rt 'BB,
compare to provision of the 2amily -ode as to the disposition of property that forms part of the -/ or -,
and which is stated in this ruling. E. Ri>1$ $! E,#0-i/# L#>i$i&a$# P0!2#//i!' There is no need for
consent. Spouse not in agreement of the profession may ob6ect thereto only on valid serious and moral
grounds. Ayala 1nvest5ent vs% CA 4ere, it should still be connected with the issue of property
relationship, because it is a <uestion of, if one of the spouses wanted to obtain a loan, Q: 1s the$e a
need to secu$e fi$st the consent of the othe$ spouse? ! 9o, the written consent only involves the
disposition of property not when in cases of securing a loan. Then if this loan would redound to the
benefit of the family, then the creditor could see$ relief from the -/ or -, in this case if the -/ or - would
not be oblige to pay the creditor it would amount to un6ust enrichment. *t is the creditors burden to
prove that the same redounded to the benefit of the family. That is the reason why at
(1) (2) (3)
The one who leaves the con6ugal dwelling shall not be entitled for support ggrieved party may apply
for receivership, authority with sole administrator of the con6ugal partnership or absolute community
2ile a petition for separation, or dissolution or con6ugal partnership or community property.
A$$oyo vs% Cas?ues de A$$oyo 4ere the S- gave an exception, when the spouse will be allowed not to
continue living with the other spouse. *n this case, every time the husband would have a sexual
intercourse with his wife, he would demand barbaric means of having sex. *f there is already a physical
violence involve, the law allows the spouse to leave the con6ugal dwelling and that would not amount
to abandonment.. *n this case, this abandonment would not constitute as a ground for legal separation,
only when there is a bad faith in the abandonment which is a ground. *n this case, S- allows it as an
excuse for the wife not fulfill her obligation to live with his husband ?ven in the 2amily -ode rt B(, as
when the spouses do not agree where to live, then the court would intervene, but in reality the 2amily
court would still throw the issue bac$ at the parties because it is a personal decision on their part. -ase
when one is allowed to live separately from the spouse! (') #ne should live abroad in the practice of
profession E compelling reason (3) 5arital Rape B. M7$7al L!v#B R#/.#-$ a'" Fi"#li$@ Sa'-$i!' 2!0
B0#a-1% '. =round for +egal Separation! Cnder the '()& -ivil -ode, there is only 3 grounds, attempt
against the life and adultery and concubinage. 9ow, rt. )) (K), 2- : GSexual *nfidelity or perversion.
This is favorable to women, because it is easier a woman for adultery and difficult for a man to be
convicted of concubinage. 3. *ncapacity to Succeed %. ,isinheritance

27

present, it is their practice that in securing a loan the other spouse is also re<uired to affix his signature
although the same is not re<uired by law. TITLE V THE FAMILY Q: Who a$e the 5e5be$s of the
fa5ily? (5emorize) A0$. 4A). 2amily relations include those! (') >etween husband and wifeQ (3)
>etween parents and childrenQ (%) mong brothers and sisters, whether of the full or half.blood.
R#a/!'% Hnowledge of the members of the family will help you answer the <uestion whether or not the
family home is exempted from attachment. Cnder the -onstitution, the State would li$e to protect the
interest of the members of the family by ma$ing sure that the family has a place where they can stay so
in relation to family home, the family home is generally exempted from attachment provided that only
members of the family are the one actually in possession of the family home. Q: 1s siste$.in.law o$
daughte$.in.law 5e5be$ of fa5ily? ! S- ruled 9#U So if sila lang ang na$itira sa family home pedeng
iattach.. Q: 1s Ca$egive$ o$ yaya 5e5be$ of fa5ily? ! Hahit na sa 2ilipino setting we do not consider a
yaya an ordinary yaya but treat them as member of the family. >CT remember that the enumeration
under the 2- is ?W-+CS*F?..expressio unius rule..if it is not included in the enumeration, it is deemed
excluded..therefore if none of them is in possession of the family home..it is sub6ect for attachment..
EARNEST EFFORT TO COMPROMISE A0$. 4A4. 9o suit between members of the same family shall
prosper unless it should appear from the verified complaint or petition that earnest efforts toward a
compromise have been made, but that the same have failed. *f it is shown that no such efforts were in
fact made, the same case must be dismissed. This rules shall not apply to cases which may not be the
sub6ect of compromise under the -ivil -ode. 9ow connect it to your remedial law..this refers to cases
involving members of the family and S- said that before the court can ac<uire 6urisdiction over it there
should be a proof that earnest effort to compromise was entered into.. or the parties tried to
compromise..ang problema nga lang in reality and based on experience if it is conflict between
members of the family, they seldom compromise..although that is a re<uirement under remedial law
and even under the 2-..
Alva$eB vs% &a5i$eB 5arital ,is<ualification Rule (5,R). Sa remedial law..di $a pede maging witness
$c asawa mo un..pedeng maging favorable $c sa $anya..S- ruled that the marital dis<ualification rule is
applicable only if walang strained relationship between the husband and the wife. 6ut what happened in
this case? sinunog ng lala$i ung bahay ng $apatid nya na alam nya na ung asawa nya nasa loob ng
bahay..S- ruled that it is obvious..strained na ung relationship..gusto ng ihawin ng asawa ung
babae..ba$it mo pa iaapply ung earnest effortJUJ ?h papatayin na ung babae..$aya tayo may marital
dis<ualification rule pare di mastrain ung relationship..eh $ung strain na talaga b$it pa iaapply ang 5,R..
8iyas ;aving S- ruled in relation to earnest effort to compromise that will only be applicable if the
parties involved in the case are the members of the family..if there is already a stranger or a third
person who is involved in the case this earnest effort to compromise is not anymore applicable.. Q:
Why? ! $c $awawa naman ung third personVdi ba $apag sinabi nating earnest effort to
compromise..madedelay ang lititgation..$ay why mo hahayaang madelay ang litigation 6ust to give the
members of the family to compromise at the expense of third person.. 7a$tineB vs% 7a$tineB S- ruled
that the phrase Gmembers of the familyI must be construed in relation to RT. ')& of the 2rt. ')&. 2amily
relations include those! (') >etween husband and wifeQ (3) >etween parents and childrenQ (%)
>etween ascendants and descendantsQ (1) mong brothers and sisters, whether of the full or half.blood.
>CT a sister.in.law or brother.in.law is not included in the enumeration. ;antos vs% ;antos Q: Mpag
walang ea$nest effo$t to co5p$o5ise, if the$e is no p$oof, what will the cou$t do? ! The court will have
to dismiss the case. Q: What happened in this case? ! ,ito ang nangyari ininvo$e nya ung failure to
compromise dun sa action to revive 6udgment..isnt in your remedial law, you are given a period of )
years on which to execute the 6udgment otherwise you file an action to revive the 6udgment..ang
ginawa dito, action to revive na..so para mprevent ang action for revival, niraise nya ang issue na
walang earnest effort to compromise..

28

S- ruled that it is not applicable to an action revive 6udgment.. that earnest effort to compromise can
only applicable in an original action but not in an action to revive 6udgment.. FAMILY HOME IFHJ
;E:CEPTION FROM ATTACHMENT will only apply if members of the family are the ones in
possession of the family home. Therefore, if none of the family members is staying in the family home,
it will be then be anymore exempted from attachment This is one provision in the 2- that could 9#T >?
=*F?9 R?TR# -T*F? /++*- T*#9. Q: Why? ! Cnder the '()& --, before a house and lot can be
considered as a 24, there is a need for a 6udicial or extra6udicial constitution, this is not
automatic..under the 2-, its automatic..in other words, for as long as the house and lot belongs to one or
both of the spouses and members of the family are staying there without any act, automatically it is
deemed instituted as a 24 Q: Mung kinasal na ang 5agulang natin tapos walang ginawang steps befo$e
pa$a 5aging 98 sya, assu5ing na unde$ !(0CC ung 5a$$iage, tapos dahil effective na ngayon ang 9C,
5ay the 9C $ega$ding constitution of the 98 be now given $et$oactive application? ! *T ,?/?9,S. 7hether
or not there was a loan obtained before the effectivity of the 2-. Ta$e note of RT 3)B2- Gthis code shall
be given retroactive application provided that it will not affect vested rightI. Therefore, if a loan was
already obtained before the effectivity of the 2- by any of the spouses then this provision regarding the
constitution of the 24 under the 2- cannot be given retroactive application because creditors have
already acquired a vested right on the property of the spouses.. #/*9*#9 9* 5 5! That is why in the
problem, too general..no indication whether there is a loan obtained or not. * will SC==?ST, you ma$e
a <ualification provided that we are tal$ing of a situation wherein the spouse got married before the
effectivity of the 2-. Hapag ung problem, na$asulat naman na $inasal after the effectivity of the 2-, no
need to <ualify because it is automatic without 6udicial or extra6udicial constitution. /R#F*,?, that the
house and lot belongs to anyone or both spouses.. Q: ,a5pagulo%% ;i 3uan at 7a$ia nagpakasal afte$
the effectivity of the 9C, Gagupahahan%% !++%%afte$ 0y$s dun pa $in sila nakati$a%%Can that
apa$t5ent be conside$ed as a 98? ! 9o, one re<uirement is that it should be owned by one or both of the
spouses.. that is the reason why it is
exempted from attachment.. to protect the interest of the members of the family.. ,at$icio vs% #a$io
111 The 24 deemed constituted from the time it is occupied as a family residence. #ccupancy of the
family of the 24 either by the owner or by any of its beneficiaries must be actual. Something real.
ctually existing. 9ot merely possible. 9ot constructive possession. -onnect it to your property, isnLt
possession can be actual or constructive possession. So here for it to be protected from exemption. *t
must be actual not constructive possession and it should be occupied by the members of the family as
enumerated under the 2-. N!$#% rt. ')%. The family home is deemed constituted on a house and lot
from the time it is occupied as a family residence. 2rom the time of its constitution and so long as any
of its beneficiaries actually resides therein, the family home continues to be such and is exempt from
execution, forced sale or attachment except as hereinafter provided and to the extent of the value
allowed by law. LIFE E:ISTENCE N!$#% A0$. 4A5. The family home shall continue despite the death
of one or both spouses or of the unmarried head of the family for a period of ten years or for as long as
there is a minor beneficiary, and the heirs cannot partition the same unless the court finds compelling
reasons therefor. This rule shall apply regardless of whoever owns the property or constituted the
family home. Q: ,ano na kapag na5atay? ! *t will continue for period of '&yrs from the death of one of
the spouses or for as long as there is a minor child..a minor beneficiary of the 24.. Q: Mapag na5atay
ung 5agasawa, ang naiwanang anak ay ung y$ old%%how long? ! 5ore than '&yrs pa.. Gfor as long as
there is a minor childI..in this case, till magreach sya ng 'Kyrs old tsa$a lang magteterminate ang
existence ng 24.. NOT E:EMPT FROM E:ECUTION N!$#% rt. ')). The family home shall be exempt
from execution, forced sale or attachment except! (') 2or nonpayment of taxesQ (3) 2or debts incurred
prior to the constitution of the family homeQ (%) 2or debts secured by mortgages on the premises
before or after such constitutionQ and (1) 2or debts due to laborers, mechanics, architects, builders,
materialmen and others who have rendered service or furnished material for the construction of the

building. (') Taxes under this provision refer only to real estate taxes.
29

Q: What if di ka nagbayad ng inco5e ta>? ! 7ala syang $inalaman dito..therefore, exempted pa rin from
attachment #/*9*#9 9* 5 5! Fery ironical $c sabi ng State.. * will protect the family..pero sabi ng State,
if di $a nagbayad ng real property tax, the State * will not protect you..* will get your 24..(G,) (3) debts
incurred prior to the constitution of the family home . *t is in consonance with rt3)B2- because
creditors already have ac<uired vested right..connect it with.. (%) debts secured by mortgages on the
premises before or after such constitution (1) 2or debts due to laborers, mechanics, architects, builders,
materialmen and others who have rendered service or furnished material for the construction of the
building. Q: Debt to labo$e$s, kapag di ka nagbayad ng katulong, kasa5a ba ito dito? ! 9o.*ncluded
lang dito ay ang laborers who only wor$ for the construction of the 24.. ;ps% Ca$sola vs% CA S- only
made mention about when it is constituted as a 24..from the time it is occupied as a 24..no need for
6udicial or extra.6udicial constitution.. 7odi?uillo Case Hapag nangutang na before effectivity of the 2-,
you cannot give anymore a retroactive application to this provision on creation of the 24..74"J because
it will affect the vested right of the creditors.. TITLE VI PATERNITY AND FILIATION MaC# /70#
@!7 C'!w $1# &#a'i'> !2 $1# 2!ll!wi'>% . /aternity . relationship between a father and a child >.
5aternity -. 2iliation ,. +egitimate ?. *llegitimate 2. dopted -hild P0#/7&.$i!'% *f a child is born in a
lawful marriage, the child is presumed to be legitimate. ;;; vs% Aguas S- ruled that the presumption
becomes conclusive if there is absence of proof of physical impossibility to have sexual intercourse
with a wife and the action of impugning the legitimacy or illegitimacy is something personal to the
husband
N!$#% A0$. 466. +egitimacy of a child may be impugned only on the following grounds! (') That it
was physically impossible for the husband to have sexual intercourse with his wife within the first '3&
days of the %&& days which immediately preceded the birth of the child because of! (a) the physical
incapacity of the husband to have sexual intercourse with his wifeQ (b) the fact that the husband and
wife were living separately in such a way that sexual intercourse was not possibleQ or (c) serious
illness of the husband, which absolutely prevented sexual intercourseQ (3) That it is proved that for
biological or other scientific reasons, the child could not have been that of the husband, except in the
instance provided in the second paragraph of rticle 'B1Q or (%) That in case of children conceived
through artificial insemination, the written authorization or ratification of either parent was obtained
through mista$e, fraud, violence, intimidation, or undue influence. Concepcion vs% CA *n this case,
mother denying that the child is her own child..S- ruled that maternity is never uncertain..every
reasonable presumption must be made in favor of legitimacy..74"J because only the woman $nows who
is the real father of her child.. N!$#% A0$. 466. The child shall be considered legitimate although the
mother may have declared against its legitimacy or may have been sentenced as an adulteress. A0$.
468. *f the marriage is terminated and the mother contracted another marriage within three hundred
days after such termination of the former marriage, these rules shall govern in the absence of proof to
the contrary! (') child born before one hundred eighty days after the solemnization of the subse<uent
marriage is considered to have been conceived during the former marriage, provided it be born within
three hundred days after the termination of the former marriageQ (3) child born after one hundred
eighty days following the celebration of the subse<uent marriage is considered to have been conceived
during such marriage, even though it be born within the three hundred days after the termination of the
former marriage. *n '()&--, if the husband died, the wife is not allowed to contract marriage
immediatelyVso there is a grace period for the issuance of a marraiage license. Why? because the law
woul not li$e to have a problem regarding paternity and filiation of a child.. 9ow in case if there is any
issue regarding the paterninty and filiation, if you will notice the prominent numbers in paternity and
filiation, you have three!
30

'. '3& days 3. 'K& days %. %&& days R?-H#9*9= /#*9T! before or after 'K& days from the second
marriage but within %&& days from the first marriage R#a/!'% (S?W ?,C- T*#9 9* 5 5) That is the
time that there is a meeting of mind of the sperm and egg cell.. for girls having regular menstruation,
3KdaysV divide by 3 e<uals '1..therefore, for you to have safe sex, count 8 days from the first
menstruation and then count 3' to 3K because that time the woman is not in ovulation.. '3& days is time
the fetus is being madeV ?tceteraV REMEDIES% '. Remedy given to a husband who does not li$e to
ac$nowldge the child as his own childXACTION TO IMPU+N THE LE+ITIMACY OR
ILLE+ITIMACY OF THE CHILD. ssuming that the relation is one of common law relationship. 3. 1f
it is the child who is suffe$ing o$ not t$eated well, what is his $e5edy? The child is given a remedy to
file an ACTION TO CLAIM LE+ITIMACY OR ILLE+ITIMACY a.$.a. AC)14G 94& C47,D#;4&A
&@C4-G1)14G. *n remedial law, anybody can file an action. 9obody is prohibited to file an action..but
the <uestion is! are you the proper party in filing the actionJ *n other words, we connect now the
substantive law with remedial law. Q: 3uan Dela C$uB, a child, who was not acknowledged by the
fathe$ and the 5othe$ file an action in behalf of the child fo$ co5pulso$y $ecognition% 1f you we$e
the Hudge, how will you decide the action filed by the 5othe$? ! >efore answering, consider first the
following! (') *s the mother the proper party in interestJ *s she the real party to file an actionJ (3) Same
thing as to the remedy to the husband, *s the sister of the father the party in interest to impugn the
legitimacy or illegitimacy of the childJ 9ext step, loo$ if there is any date given in the problem. *f there
is, chec$ if it is within the prescriptive period. 9#T?! /R?S-R*/T*#9 rt. 'B(. The legitimacy or
illegitimacy of a child born after three hundred days following the termination of the marriage shall be
proved by whoever alleges such legitimacy or illegitimacy. A0$. 46). The action to impugn the
legitimacy of the child shall be brought within one year from the $nowledge of the birth or its recording
in the civil register, if the husband or, in a proper case, any of his heirs, should reside in the city or
municipality where the birth too$ place or was recorded.
*f the husband or, in his default, all of his heirs do not reside at the place of birth as defined in the first
paragraph or where it was recorded, the period shall be two years if they should reside in the
/hilippinesQ and three years if abroad. *f the birth of the child has been concealed from or was
un$nown to the husband or his heirs, the period shall be counted from the discovery or $nowledge of
the birth of the child or of the fact of registration of said birth, whichever is earlier. Then, is the$e a
g$ound o$ p$oof of filiation? *n action to impugn, the real party is the husband. This is the general
rule. Study the exception : when heirs of the husband may impugn the filiation. >ut ta$e note connect
the GheirsI on who are the compulsory heir in succession. Therefore, if it does not fall within the
exception, expression unius rule, the 6udge must dismissed the case because he is not the real party in
interest. NOTE% ?W-?/T*#9S T# *5/C=9 A0$. 464. The heirs of the husband may impugn the filiation
of the child within the period prescribed in the preceding article only in the following cases! (') *f the
husband should died before the expiration of the period fixed for bringing his actionQ (3) *f he should
die after the filing of the complaint without having desisted therefromQ or (%) *f the child was born
after the death of the husband. #iao Case *n this case, the child is who filed the action..impugning his
legitimacy..$c ang nangyari dito..ung second husband nung nanay nya ay mas mayaman $aysa tatay
nya..so sabi ng bata, hindi who a$o ang ana$..hindi a$o legitimateVS- ruled that impugning oneLs
legitimacy is personal to the husband or to the father and not to the child.. Q: What about the action to
clai5 legiti5acy o$ illegiti5acy of the child? Does the law $e?ui$e that it 5ust be filed du$ing the lifeti5e
of the putitative fathe$? ! s you could see, the provision is silent on the matter..so meaning, as long as
the child is alive..the child can file the action, even if the father is dead..but there is an exception, if the
child filing the action is illegitimate and the proof of filiation presented by the child is open and
continuous possession..the 2re<uired that the action must be filed not 6ust during the lifetime of the
child but also during at the lifetime of the putitative father..That is the only exception that re<uiring that
the father must be alive at the time of the filing of the action. N!$#% A0$. 46(. The filiation of

legitimate children is established by any of the following! (') The record of birth appearing in the civil
register or a final 6udgmentQ or
31

(3) n admission of legitimate filiation in a public document or a private handwritten instrument and
signed by the parent concerned. *n the absence of the foregoing evidence, the legitimate filiation shall
be proved by! (') The open and continuous possession of the status of a legitimate childQ or (3) ny
other means allowed by the Rules of -ourt and special laws. (3B)a, 3BBa, 3B8a) Q: A$e the$e cases
whe$ein the hei$s of the child can file the action? ! s we have said, it is the general rule that it is the
child should file the action. ?xception, the heirs of the child can file the action if the two cases! when
the child ,*? during (') minority and (3) in a state of insanity. >ut with respect to remedy of husband, %
ang exception. N!$#% A0$. 463. The action to claim legitimacy may be brought by the child during his
or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of
insanity. *n these cases, the heirs shall have a period of five years within which to institute the action.
Q: When to file? ! *f it is a remedy given to the husband, there are three important numbers! ', 3 and %
years. Remember the rule on exception and its application. Hnow where the child was born and the
residence of the father. Q: 1f the child is bo$n was bo$n in the sa5e $esidence of the fathe$, what $ule
applies? ! The father is given a period of one year from the $nowledge or registration of the birth
certificate..although of course, if you will notice, based on due process, it should be counted from the
$nowledge of the father..'yr..hindi lang dapat alam nyo $ung anong year iaapply but $ung $elan $ayo
magbibilang..$c ba$a alam nyo ' year tapos expired na pla.. 3 yrs applies if the child was born in a
place which is different from the place where the father resides..so.. Q: 1f sa Ca$dinal ;antos
ipinanganak ang bata tapos ang fathe$ ay $esiding sa @spana, 7anila%%what yea$ will you apply? y$
o$ 'y$s? ! 3yrs $c -ardinal Santos is in San 0uan and you $now that ?spana is in 5anila..unless if ?spana,
5adrid..then in this case, %yrs will apply.. Q: What if it is the hei$ of the husband filing the case, what
is the p$esc$iption pe$iod? ! pply the same prescriptive period..', 3 or % years Q: What if the case is
filed by the child? ! t anytime during the lifetime of the child as a general rule..but ta$e note again of
the exception
Q:What is the p$esc$iption given to hei$s of the child? ! ) years counted from the death of the child
during minority or in state of necessity. Regarding -T*#9 2#R -#5/C+S#R" R?-#=9*T*#9, remember
the ground under rt '83 2- : proof of filiations. #n the other hand, regarding the impugning of the father,
ta$e note of rt 'BB 2-. =R#C9,S! (') That it was physically impossible for the husband to have sexual
intercourse with his wife within the first '3& days of the %&& days which immediately preceded the
birth of the child because of! (a) the physical incapacity of the husband to have sexual intercourse with
his wifeQ (b) the fact that the husband and wife were living separately in such a way that sexual
intercourse was not possibleQ or (c) serious illness of the husband, which absolutely prevented sexual
intercourseQ ;S#0i!7/ ill'#// is the $ind of illness that will really affect or prevent the manLs capacity to
have sexual intercourse. Andal Case S- that even if the husband is already suffering on chronic
tubercolosis, this provision will not apply..not serious illness that will affect manLs capacity to have
sexual intercourse Q: 8ow about if the husband has p$ostate cance$? ! This provision will not apply.
/ede pa rin. 5ay capacity pa rin to have sexual intercourse Q: What if pa$alyBed? ! 5ust <ualify. *f taas
or baba ang paralyzed..if taas lang, pde pa rin gumana ung nasa baba..or better, for this provision to
apply, the man should be fully paralyzed ;Livi'> /#.a0a$#l@ means not only that the husband is leaving
the con6ugal dwelling. Q: What if ung babae nasa Calaoocan tapos ung lalaki nasa 7andaluyong? ! *t
will not apply $c pede pa rin mag$aroon ng sexual intercourse..may probability pa rin na mag$ita
Therefore, husband must be abroad..there is no possibility $c na ma$abuo.. (3) That it is proved that for
biological or other scientific reasons, the child could not have been that of the husband, except in the
instance provided in the second paragraph of rticle 'B1Q or
32

;titigan mo ung bata..if obvious from the appearance of the child na di mo ana$..un na..except thru
artificial insemination.. That in case of children conceived through artificial insemination, the written
authorization or ratification of either parent was obtained (') through mista$e, fraud, violence,
intimidation, or undue influence. ;there must be a written consent. *t must be freely given because any
vitiated consent is a ground for the annulment Q: When is the w$itten consent be given? ! *t must be
given before the birth of the child. Q: What if it was given afte$ the child was bo$n? can the subse?uent
w$itten be valid? ! 9o, because the law re<uires it to be given before Q: What will be the $e5edy of the
husband? ! The only remedy is to adopt the child 8ao vs% CA >lood testing grouping is conclusive as
to none paternity but it is not a proof of filiation because it does not follow that if you are blood type ,
your child should be blood type .. Q: What about action given to the child? ! rt'83 2- provides for proof
affiliation and these proofs of affiliation is categorized into two! (') primary proof of filiation and
secondary proof of filiation. PRIMARY PROOF OF FILIATION (') The record of birth appearing in
the civil register or a final 6udgmentQ or (3) n admission of legitimate filiation in a public document or
a private handwritten instrument and signed by the parent concerned. ;>irth -ertificate &oces Case *f
the birth certificate is not signed by the father, the birth certificate cannot be accepted as proof of
filiation even if in the birth certificate indicates the name of the father *n the old birth certificate, the
form only provides a box which indicates whether legitimate or illegitimate. >ut now, at the bac$ there
is affidavit of ac$nowledgment.. E:CEPTION% 1lano Case *t was the father who filled up the blan$
form of the birth certificate. nd gives all the information...ang ginagawa $c ay pinapafill.up ng nurse
using pencil or iniinterview then ittype ng nurse..pero nung binili$ na
ung typewritten form, the father was not able to sign $c he was not around then the mother signed.
There was an issue on paternity and filiation. The father refused to ac$nowledge the child and the child
presented the birth certificate. 7hich was unsigned but considering the circumstances that prevailed at
the time of the delivery of the child, S- ruled that even if the birth certificate was unsigned since the
father was the one who gave all the information, as an exception to the general rule. 4ere, the birth
certificate was admitted as evidence.. So if a <uestion will be as$ed in the bar exam..its too general. Q:
3uan Dela C$uB p$esented a bi$th ce$tificate as p$oogf of filiation and unsigned bi$th ce$tificate, is it
ad5issible in evidence as p$oof of filiation? ! "ou must <ualify..invo$ing the ruling in case of Roces
and *lano ,eople vs% De #antin, '000 Reiterated the case of Roces #abagala Case Reiterated the case of
*lano D% +iv# a' #,a&.l# !2 .7=li- a'" .0iva$# "!-7&#'$ $1a$ -!7l" =# 7/#" a/ .0!!2 !2 2ilia$i!'. !
Remember the ante.nuptial agreement. Those stipulations that has nothing to do with the celebration of
marriage and the marriage did not ta$e place and if that is ac$nowledgement of a child that could be
considered as a public document or a private handwritten instrument nother example, +ast will and
testament. *f it is a notarial will, it is public instrument. *f it is a holographic will, it is a private
instrument wherein the testator does not only disposes property but also ac$nowledges the child being
conceived by the common law spouse or by the wife. ( parecio vs. /araguya) SECONDARY PROOF
OF FILIATION *n the absence of the foregoing evidence, the legitimate filiation shall be proved by! (')
The open and continuous possession of the status of a legitimate childQ or (3) ny other means allowed
by the Rules of -ourt and special laws. Q:-ive e>a5ples of open and continuous possession of the status
of a legiti5ate child% ! 6a$uieco Case 7here the father or the husband accompanied the pregnant
woman in the hospital and paid the hospital bill. That is the example of open and continuous
possession.. lso, using the surname, those children born before the efectivity of the 2- and under the -there
33

is no prohibition against the use surname. lthough ngayon mahirap na, regarding the illegitimate child
using the surname of the biological father. >efore your application can be accepted you have to attach
document proving that you were already ac$nowledged by your biological father lso, $ada buwan
pumupunta $a sa taong ito at $inu$uha ang allowance mo..or biniyaran ang tuition fee mo.. Q:
@>a5ples of 5eans allowed by &4C% ! 7endoBa vs% CA *ncluded in the phrase Gother meansI are
the baptismal certificate, 6udicial admission, family bible in which his name was entered, common
reputation respecting pedigree, admission by silence, testimony of witness (Rule '%& R#-) Q: 8ow
about DGA? What is the position of the cou$t? ! s early as the -ase of Tecson, case involving 2/0. That
is when for the first time the S- made mention of ,9 . The S- said that lower court is not prevented from
accepting ,9 as proof of filiation. lthough, S- in the case of 8e$$e$a vs% Alva said that court should be
cautious in giving credence to ,9 . *t is not enough that childLs ,9 profile matches that of the putative
father. The court should re<uire ((.(M as minimum value of probability of paternity. The court should
consider how samples were collected and handled because there could be a possibility of
contamination. ,9 test does not involve getting sample of your blood. >ut pwedeng scrape your s$in or
hair with the root. Scrape the tongue. #/*9*#9 9* 5 5! which it would be better if you legally adopt the
child because ,9 is already accepted in adoption so if later on somebody will run after the child and it
will be proven that you are not the biological parent. The one claiming has the right on the child. $c
may ,9 na tayo. lthough adoption cost! /)&,&&&.B&,&&&Vand should be performed simultaneously
with the father and the child with the consent of the biological mother.. C$uB vs% C$istobal ?arly
ruling, that baptismal certificate is not acceptable..it is only a piece of document that proves that the
sacrament of baptism was performed..it is a private instrument but in this case, medyo $umambyo,
horizontal stare decisis, the S- baptismal certificate is one of the acceptable documentary evidence to
proof filiation in accordance of R#-. Q: @>a5ples of p$ivate inst$u5ent% ! +ove letters, text message
and also email messages Q: 1f the ?uestion has nothing to do with a$tificial inse5ination but test tube
baby o$ cloning, how will you answe$?
! >y analogy, apply the provision regarding artificial insemination because the framers never probably
realized that there could be a test tube baby or cloned baby in the future. ILLE+ITMATE CHILDREN
Q: What a$e the $ights of the legiti5ate child$en? ! A0$. 46<. +egitimate children shall have the right!
(') To bear the surnames of the father and the mother, in conformity with the provisions of the -ivil -ode
on SurnamesQ (3) To receive support from their parents, their ascendants, and in proper cases, their
brothers and sisters, in conformity with the provisions of this -ode on SupportQ and (%) To be entitled
to the legitimate and other successional rights granted to them by the -ivil -ode. Q: 8ow about an
illegiti5ate filiation? 8ow it is establish? What a$e thei$ $ights? ! A0$. 46A. *llegitimate children may
establish their illegitimate filiation in the same way and on the same evidence as legitimate children.
The action must be brought within the same period specified in rticle '8%, except when the action is
based on the second paragraph of rticle '83, in which case the action may be brought during the lifetime
of the alleged parent. A0$. 466. *llegitimate children shall use the surname and shall be under the
parental authority of their mother, and shall be entitled to support in conformity with this -ode. The
legitime of each illegitimate child shall consist of one.half of the legitime of a legitimate child. ?xcept
for this modification, all other provisions in the -ivil -ode governing successional rights shall remain in
force. Rights of illegitimate children, as long as the child is recognized, the child is entitled to support,
inheritance and with the new law. 9 -T ++#7*9= T4? -4*+, T# CS? T4? SCR9 5? #2 T4? >*#+#=*- + 2
T4?R (R. . (3))) abandoned the ruling in MOSES+ELT . LE+ITIMATED CHILDREN rt. '88. #nly
children conceived and born outside of wedloc$ of parents who, at the time of the conception of the
former, were not dis<ualified by any impediment to marry each other may be legitimated. ;The 2- code
ma$es used of the word CONCIEVED a'" BORN 9#T CONCIEVED !0 BORN..you go bac$ to your
statcon. The effect of using Ga'"L is not the same as the effect of using G!0L in the provision. *f it is 9,
it is mandatory that both should be present. *f it is #R, it means that you have a choice either or the

child can be legitimated if the child is conceived and born. Q: )he pa$ents should not have any legal
i5pedi5ent to 5a$$y each othe$%%because if the$e is
34

legal i5pedi5ent to 5a$$y each othe$ and when bo$n the child is bo$n, the$e was no 5o$e legal
i5pedi5ent%%what is the $e5edy? ! doption not legitimation by subse<uent marriage.. Q: What should
be done if the child can be legiti5ated by subse?uent 5a$$iage? ! The parents need only toexecute an
affidavit that when the child was conceived and born.. there was no legal impediment to marry each
other existing between them and later on they got married..attaching birth certificate of the child and
marriage contract and submitting them to the civil registrar office where the birth certificate of the child
is registered.. Q: Would the$e be new bi$th ce$tificate be issued? ! 9one. 7hat will happen is that the
civil registrar will ma$e an annotation that the child is legitimated by subse<uent marriage. RI+HTS
OF LE+ITIMATED A0$. 465. +egitimated children shall en6oy the /a&# 0i>1$/ as legitimate children.
ACTION TO IMPU+N A0$. 48(. +egitimation may be impugned only by those who are pre6udiced in
their rights, wi$1i' 2iv# @#a0/ from the time their cause of action accrues. ADOPTION DOMESTIC
ADOPTION v/. INTERMCOUNTRY ADOPTION Q: When will you apply the 1nte$.Count$y
Adoption? Will you apply it only if a fo$eigne$ is applying fo$ adoption? ! 9o. it is not only applicable
for foreigner who is filing for adoption but also it could be applied if a 2ilipino is applying for
adoption. "ou can use *nter.country doption, if petition for adoption is filed abroad but if in the
/hilippines, apply domestic adoption. Q: Whe$e will you file if it is 1nte$.count$y? ! we have
*nter.country adoption board..now what you have to do is to go to the /hilippine ?mbassy and in<uire
from the /hilippine embassy and you can file your petition for adoption there.. Q: Can any child be
legally adopted? ! s long as the child be "#-la0#" l#>all@ availa=l# 2!0 a"!.$i!' and the child is a &i'!0
child then he can be <ualified to be adopted..unli$e before..you can 6ust adopt any child who you can
see in the street,it is automatic..also, if you saw a baby in front of your door, you can adopt it the baby
>CT 9#7, you need to bring the child to ,S7, or any orphanage. 74"J so that they can do the declaration
of the child as legally available for adoption..if not, so that it will be less expensive, in our petition for
adoption the prayer would be to (') as$ the court to declare the child legally available for adoption and
(3) to grant the
petition for adoption note that declaration can be 6udicial or extra6udicial.. Q: 1n 1nte$.count$y, it uses
the wo$d <legally.f$ee child= does it have any diffe$ence f$o5 legally avaible fo$ adoption? ! 9o. *t is
simply a <uestion of semantics.. t the same time, it could also be done 6udicially or exta6udicially Q:
Who 5ay adopt? ! at least 'Byrs older than the adoptee Q: 1s it absolute? ! 9o. exception! '. if the
adopting parent is the biological parent of the child to be adopted (or the spouse of such parent) ?
xample! 9abuntis $a nung minor $ then later on gusto mo ng ang$inin ung bata..pwede $ahit di yrs ung
gap..S old law, ')yrs sa youth and welfare code..ang explanation ay nadagdagan $c ang marrying
age..#/*9*#9 9* 5 5! di sya pabor sa rason na un. *t would probably bec of the moral ascendancy that
should be exerted by the adopting parent toward the adopted child. lthough, why 'Byrs of all ages. 0ust
because it is the law *n ,omestic doption, ALIEN now may adopt provided that he has the
<ualifications of a 2ilipino who can adopt plus additional re<uirements.. NOTE% REDUIREMENTS
FILIPINO CITINEN '. legal age, in possession of full civil capacity and legal rightsQ 3. good moral
character, has not convicted of any crime involving moral turptitude, %. emotionally and
psychologically capable of caring for children 4. at least 'Byears older than the adoptee (waiv#" when
the adopter is the biological parent of the adoptee, or is the spouse of the adopteeLs parent) ALIEN '.
Same as the <ualifications of 2ilipino citizen 3. 4isEher country has diplomatic relations with the
Republic of the /hilippines %. heEshe has been living in the /hilippines for at least % continuous years
prior to the filing for adoption and maintains such residence until the adoption is enterd 1. heEshe has
been certified by his her diplomatic or consular office or any appropriate government agency that
heEshe has the legal capacity to adopt in his or her country ). hisEher government allows the adoptee to
enter hisEher country as hisEher adopted sonEdaughter
35

R?S*,?9-" and -?RT*2*- T*#9 of the alienLs <ualification to adopt in hisEher country may be waiv#"
for the following! '. former citizen who see$s to adopt a relative within the 1th degree of consanguinity
or affinity 3. #ne who see$s to adopt the legitimate sonEdaughter of hisEher 2ilipino spouse %. #ne
who is married to a 2ilipino citizen and see$s to adopt 6ointly with hisEher spouse a relative within the
1th degree of consanguinity or affinity of the 2ilipino spouse 4CS> 9, 9, 7*2? S4 ++ 0#*9T+" ,#/T
except in the following cases! '. if one spouse see$s to adopt the legitimate sonEdaughter of the other 3.
if one spouse see$s to adopt hisEher own illegitimate sonEdaughter. /rovided, however, that the other
spouse has signified hisEher consent thereto %. if spouses are legally separated from each other ;*n
inter.country, the adopter must be at least 38 years old NAlin bang bansa ang wala tayong diplo5atic
$elation? tingnan natin $c ba$a ung bata or magaapon nanggaling sa bansa na wala tayong diplomatic
relation..di open ang lahat sa pilipinas..>a$a $c un ang <uestion sa bar..Cng resdidency
re<uirements..yan ang re<uisites sa 2-. s a rule sa 2-, alien cannot adopt unless he has the <ualifications
but in ,omestic adoption. lien can adopt provided that he has the all <ualifications of the 2ilipino who
are <ualified to may adopt and a residence of the /hilippines for three years. lso ta$e note..who are
included in 1th degreeJ hanapin ang common..sa tatay 'degree..sa $apatid 3 degrees..A22i'i$@
$amag.ana$ mo lang dahil asawa mo. Q: Who 5ay be adopted? 7@74&1L@ ! *n ,#5?ST*- ,#/T*#9,
the following may be adopted! '. any person below 'K years of age who has been administratively or
6udicilally declared available for adoption 3. the legitimates sonEdaughter of one spouse by the other
spouse %. as illegitimate sonEdaughter by a <ualified adopter to improve his Eher status to that of
legitimacyQ 1. a person of legal age if, prior to the adoption, said person has been consistently
considered and treated by the adopter(s) as his or her own child since minority ). a child whose
adoption has been previously rescinded B. a child whose biological or adoptive parents(s) has diedQ
provided, that no
proceedings shall be initiated within Bmonths from the time of death of said parent(s) *n *nter.country,
only a l#>all@ 20## -1il" may be the sub6ect of inter.country adoption Q: Whose w$itten consent is
necessa$y? E5e5o$iBeF why it is necessa$y especially when it involves legit5ate and adopted child,
0yea$s? ! because ultimately it will lessen their successional rights..lumillit ang share..in actual cases,
tinatanong talaga ng 6udge ang bata..gunu din ang biological parent in cases of biological right, hindi
na sya magiging compulsory heir, pde lang testate succession but not intestate succession..testate
succession if heEshe is instituted as an heir.. S?-. ( (,omestic)Q 74#S? -#S?9T *S 9?-?SS R" T# T4?
,#/T*#9 '. the adoptee, if '& years of age or over 3. the biological parent(s) of the child, if $nown, or the
legal guardian or the proper government instrumentality which has legal custody of the child %. the
legitimate and adopted sonsEdaughters, if '& years of age or over 1. the illegitimate sonsEdaughters, if
'& years of age or over, of the adopter if living with said adopter and the latterLs spouse, *f nay ). the
spouse, if any, of the person adopting or to be adopted Q: 1s gua$dian allowed to adopt? ! #nly after the
termination of the guardianship and clearance of hisEher financial accountabilities. )a5a$go Case ,uring
the pendency of the petition for adoption. The prospective adoptive child cause an in6ury to a third
person..in relation to the 2- rt'38.'3K, who should be liableJ The parents.ba$it dapat maging liable ang
parentsJ >ecause the parents has actual supervision of the child. 7hen a petition for adoption is granted,
the decision granting the petition for adoption would retroact when the child was born. This is the only
first time that the local civil registry will cancel the original birth certificate and new birth certificate
will be issued $c ang ma$i$ita nung bta..name of father ay ung adopting father..name nung mother ay
adopting mother..so hindi nya malalaman based on the document na inampon lang sya..$aso ung ibang
civil registrar nag$a$amali $ahit na$astate na sa implementing rules the birth certificate should not
show that the child was simply adopted. So ang nangyari sa case na ito, nung nag$aroon na ng
decision, inampon na ung bata so syempre mangongole$ta na ung relatives nung batang nasa$tan..sabi
nung biological parent dapat hindi $ami ung liable..dapat ung adopting parents..$c ung adoption
decision retroacted to the date when the

36

child was born so wala na $aming problema, wala $amiong liability..S- ruled that wrong..this is an
exceptional case wherein the decision regarding the adoption was not given retroactive application.74"J
because it will be unfair for the adopting parent. Ssaid at the adopted child causes in6ury to third
person, the biological parent were the ones actual custody and supervision of the child..therefore, even
if the petition for adoption was already granted..the biological parent should still be liable for the
in6ury caused by the adopted child because when it happened, the are the ones who has actual custody
and supervision of the child.. Mang Case 7ritten consent of the biological parents is indispensable
unless the parents already abandoned the child Q: What a$e the effects of adoption? ! '. parental
authority vested on the adopter 3. considered as legitimate sonEdaughter of the adopter %. successional
right *Remember that adoption is strictly personal between the adopting parent and the adopted
child..that is why in relation to succession, as held in the case of 7a$iategue vs% CA, there is no right
of representation if the adopted child predeceased the adopting parent. Why? because the relationship is
strictly between the adopting parent and the adopted child A! no ngayon ang mangyayari sa share ng
adopted childJ ! di ba sa succession may tinatawag tayong accretion..di pede ang right of
representation.. di rin pede ang substitution..$c ang substitution pede lang sya sa testate succession..so
accretion in favor of the surviving legitimate children who are the compulsory heirs..ung ana$ ng
adopted, wala ma$u$uha unless the ana$ of the adopted was instituted as a voluntary heir
RESCISSION is only applicable or a remedy available to the child Q: What about the adopting pa$ent?
if 5aldita pla ung ina5apon, ano gagawin nya? ! disinheritance ;tephanie Asto$ga -a$cia Case 4ere the
petitioner is a single parent, lala$i nagampon sya..di ba $apag nagampon $a mas maganda may wife
para at least $umpleto ang magiging pangalan ng bata..may middle name may surname..ang <uestion
ditto ng nagampon ay $awawa naman ung inampon $o $ung walang siyang middle name..alangan
naming gamiting nung inampon ang middle name ng nagampon $c magiging mag$apatid sila..tatay na
nya $apatid nanaya..so the petitioner as$
the court to allow the child to retain the middle name (the surname of the mother)..for the first time the
Semphasizing the importance of the middle name..it traces the maternal lineage. S- granted the
petition..allowed the child to retain the surname of the mother as the middle name. ?ven if the child was
already adopted &epublic vs% 8e$nandeB ng gusto ng nagampon palitan din ang pangalan.. S- ruled
9o..ang right lang ay palitan ang surname pero ung pangalan..you need to connect it now with R#-,
change of name. it provides when allowed to change name (ex. 4umiliating, embaracing). -hange of
name is not allowed in adoption but through R#-. Ching #ing Case doption is not a mode of ac<uiring
or changing oneLs citizenship..so if your adopting parent is an merican citizen..then it is not automatic
that you become an merican citizen..because citizenship is a political right but not a civil
right..although, you need to connect it now with dual citizenship act.. "#0iva$iv# -i$i?#'/1i. it
presupposes that the unmarried child, below 'Kyrs of age, whether legitimate, illegitimate or adopted
WWW ..naampon na sya tapos nag$ataon ung tatay gusto ulit magrea<uire ng /hilippine citizenship..no
need to ta$e oath of allegiance ung bata..susundin na ung citizenship ng tatay TITLE VIII SUPPORT
ART.45A a'" 455 MEMORINE PERSONS OBLI+ED TO SUPPORT A0$. 45A. Sub6ect to the
provisions of the succeeding articles, the following are obliged to support each other to the whole
extent set forth in the preceding article! (') The spousesQ (3) +egitimate ascendants and descendantsQ
(%) /arents and their legitimate children and the legitimate and illegitimate children of the latterQ (1)
/arents and their illegitimate children and the legitimate and illegitimate children of the latterQ and ())
+egitimate brothers and sisters, whether of full or half.blood ORDER OF SUPPORT A0$. 455.
7henever two or more persons are obliged to give support, the liability shall devolve upon the
following persons in the order herein provided! (') The spouseQ (3) The descendants in the nearest
degreeQ (%) The ascendants in the nearest degreeQ and (1) The brothers and sisters. Q: Assu5ing that
you got 5a$$ied, does it 5ean that you$ obligation to give suppo$t to you$ pa$ents o$ b$othe$s o$
siste$s is dee5ed te$5inated?

37

! s you could see, there is no provision in support that provides when obligation to give support is
terminated. This is the only case when there is the decision and the decision does not become final in
the sense that any amount that reflects therein in the decision can be changed depending on the needs of
the recipient and the means of the giver.. =oing bac$ to the <uestion, what the law gives you is to
follow the order of support. 7ho should be given preference against the otherJ Auestion ni mam sa mga
nga student. *f may pera ang mga lala$i $anino ibibgay! sa nanay o asawaJsabi daw ng mga student
nya ay sa nanay but she said na mali un.. base sa order of preference, dapat sa asawa.biblical basis!once
you are married you have to leave your mother and go to your wife WWW (G,) the support given to the
mother must be from exclusive property not from con6ugal partnership or absolute community of
property Quisu5bing Case Cnborn child entitled to support #acson Case -onnected with the provision of
un6ust enrichmentVif the biological father did not give support but it was the uncle, the uncle has the
right to demand for the reimbursement of the expenses he incurred in the child..otherwise,the biological
father is un6ustly enriching himself at the expense of the uncle.. ,at$icio vs% Dayo *nvolves waiver of
right..the S- gives the following characteristics of support.. it is personal, based on family ties..that is
why in relation to property there is distinction between real right and personal right..right to support is
a personal right..it cannot be transmitted ..in relation to succession, based on the definition of
sussession..it enumerated what can be transmitted after the death..one of the thing that can be
transmitted is a right..but it refers to a real right not a personal right. ?xample of personal right is
support..it is intransmissible, it cannot be renounced, that is why in RT B 2-.. there can be no valid
waiver of right to support nor can be renounced nor be compromised..free from attachment or
execution..it variable in amount..this why the decision cannot be final because the amount involve is
always sub6ect to change TITLE I: PARENTAL AUTHORITY -orrelate it with -4*+, >CS? -T and RT
'( --, therefore if the parents are at fault, they could be liable criminally or for damages, respectively.
CUSTODY OF THE CHILD Q: What if the$e is a conflict between the husband and the wife, to who5
the custody be awa$ded?
! *n relation to custody, if the child is below 8yrs old..the custody is generally given to the mother.
Why? because we have $#'"#0 a># .0#/7&.$i!' which means that the beast interest of the child is
considered by the court..it the child is below 8yrs old they say the manner how the mother raises the
child is different as to how the father will raise his own child..so the law prefers the mother to ta$e care
of the child.. -a5boa and )onog Cases S- gave exception to that rule. +ENERAL RULE% if the child is
below 8yrs old, the custody is awarded to the mother E:CEPTION% for compelling reasons Q: -ive
e>a5ples of those co5pelling $easons when the custody should not be awa$ded to the 5othe$ ! '. 9eglect
3. bandonment %. Cnemployment 1. *mmorality ). 4abitual drun$enness B. ,rug addiction 8.
5altreatment of child K. *nsanity (. ffliction with a communicable disease Therefore, it the mother is
not suffering from any of these then the custody shall be automatically awarded to the mother. ;agala vs
% CA -ustody of child entrusted to mother in law is simply a temporary custody. Why? because
parental authority is inalienable. *t cannot be transferred.. ,e$eB Case The custody of a child below 8
years of age is given to the mother because of the basic need of the child for a mothers loving care Q:
What is the $e5edy if you want to $egain the custody of a child? ! 2ile a /?T*T*#9 2#R 4 >? S -#R/CS
Q: Whe$e do you file? Does it fall within e>clusive Hu$isdiction of the fa5ily cou$t? 6ecause in you$
$e5edial law, the$e is a special cou$t c$eated that will handle the cases of the fa5ily called a 9A71#A
C4D&)% 1s it only the 9a5ily cou$t whe$e you can file? ! 7ad$inial vs% 7ad$inial The family court
act of '((8 (R. . K%B() did not divest the - and S- the 6urisdiction over habeas corpus cases involving
custody of minors..in other words, the 2amily court has concurrent 6urisdiction with - and S- when it
comes to petition for habeas corpus..affirmed by 5&%.&%.&1 of S- dated pril
38

33,3&&1..the 2amily court is vested with original and exclusive 6urisdiction in custody cases not in
habeas corpus..it means that petition for custody is different from petition for habeas corpus
casesVtherefore, if you are filing a petition for custody of the child, the family court has only the
original and exclusive 6urisdiction to handle the case the case..on the other hand, ?W 5/+? of petition
for habeas corpus! *f the grandparent will get the custody of the child tapos itatago..so what is the
remedyJfile a petition for habeas corpus.. . in this case, it ruled that regarding habeas corpus..there is
concurrent 6urisdiction with 2amily court, - and S6ondadHai vs% 6ondadHai *f the custody was
awarded to the wife, it does not deprive the husband of the parental authority.. parental authority is
retained.. what is not given to the father is simply the custody over the child.. that is why the father has
the right to visit the child.. #a>a5ana Case The choice of child for 8yrs or above, should be ascertained.
lthough of course, family court do not li$e to call the child in the witness stand and as$ the child to
ma$e a choice because it becomes traumatic on the part of the child..therefore, usually the court will
throw bac$ again to the parents and as$ them to settle it amicably.. Q: ,a$ental p$efe$ence $ule vs%
5ate$nal p$efe$ence $ule? ! *n &a$#0'al .0#2#0#'-#, custody of the mother over the child is preferred
than that of the father.. Why? because it has something to do with ethymological definition of
marriage..marriage is ta$en from two latin words..mater (mother) and munium (officeEresponsibility)
because of the (month period of pregnancy wherein there is much bonding between mother and child..
Pa0#'$al .0#2#0#'-# 07l# that the custody of the child should only be given to the parent..that is why the
$ind of authority between the parental authority given to the parents and the substitute parental
authority being exercised by the grandparents..parents should always exercise parental
authority..although, 2ilipino setting assuming that the wife wor$ abroad..uasually the wife leaves the
custody to her parents..mali ito..because it is a violation of parental preference rule..parents are vested
of custody of their child against other person including the grandparents.. M$isna vs% 1AC 9o finality
of custody of 6udgment ;antos case *t is only in the absence of both parents, that grandparents can
exercise substitute parental
authorithy..if wala lolo o lola, elder brother or sister..if none, guardian.. S7=/$i$7$# .a0#'$al a7$1!0i$@
!v#0 $1# -1il" N!$#% A0$. (46. *n default of parents or a 6udicially appointed guardian, the following
person shall exercise substitute parental authority over the child in the order indicated! (') The surviving
grandparent, as provided in rt. 3'1Q (3) The oldest brother or sister, over twenty.one years of age, unless
unfit or dis<ualifiedQ and (%) The childYs actual custodian, over twenty.one years of age, unless unfit
or dis<ualified. 7henever the appointment or a 6udicial guardian over the property of the child becomes
necessary, the same order of preference shall be observed. Q: What is the diffe$ence between A&) ' +
9C vs% A&) ' +0 CC? A0$. (48. The school, its administrators and teachers, or the individual, entity or
institution engaged in child are shall have special parental authority and responsibility over the minor
child while under their supervision, instruction or custody. uthority and responsibility shall apply to all
authorized activities whether inside or outside the premises of the school, entity or institution. ART
(48). +astly, teachers or heads of establishments of arts and trades shall be liable for damages caused by
their pupils and students or apprentices, so long as they remain in their custody. ART (48) refers to torts
and damages (<uasi.delict)..it does not ta$e into consideration the age of the students..law is silent..
ART (48 it explicitly provides that it refers to minor children and they could be held liable if something
happened to minor child in an authorized activities w1#$1#0 i'/i"# !0 !7$/i"# $1# .0#&i/#/ !2 $1# /-1!!
lB #'$i$@ !0 i'/$i$7$i!' . The school, its administrators and teachers, or the individual, entity or
institution will be liable. >CT in ART (48) the school does not have any liability..the liability is only
shared between the teacher and the head of the school. ART (48 we are tal$ing about minor children
wherein the teacher, school and the administrator can be held responsible..their liability is solidary and
principal.. connect it with ART (45 FC A0$. 4(5. Those given the authority and responsibility under the
preceding rticle shall be .0i'-i.all@ a'" /!li"a0il@ lia=l# for damages caused by the acts or omissions of
the unemancipated minor. The parents, 6udicial guardians or the persons exercising substitute parental

authority over said minor shall be /7=/i"ia0il@ liable. The respective liabilities of those referred to in
the preceding paragraph shall not apply if it is proved that
39

they exercised the proper diligence re<uired under the particular circumstances. ll other cases not
covered by this and the preceding articles shall be governed by the provisions of the -ivil -ode on
<uasi.delicts. ;considering that their liability is principal.. if the 6udgment cannot be enforced on them,
you may run after the parents of the minor child who caused in6ury to another minor child >ut ta$e
note of the difference form ART ((4 FC A0$. ((4. /arents and other persons exercising parental authority
shall be civilly liable for the in6uries and damages caused by the acts or omissions of their
unemancipated children living in their company and under their parental authority sub6ect to the
appropriate defenses provided by law. ;The liability of parents is primary..this contemplates a situation
wherein it is outside of the school premises not relate to school activities..dito hindi na hahabulin ang
teacher $undi ung parents na..therefore, principal ung parents >CT if nangyari sa school, ang unang
liable ay teacher, school and head of school..also, ang liability ay principal and solidary../!li"a0@
lia=ili$@ means that you could enforce the entire 6udgment against one solidary debtor and that
soldary debtor should now run after the other co.solidary debtors..but if they cannot fulfill the
6udgment, then you can run after the biological parent who caused in6ury..because parents are
subsidiary liable *llustrated in - S?! ESCONDE a'" AMADORA up to ST. MARY3S ACADEMY v/.
8APITANOS RT 3'K&. 7hen provision refers to school. *t only limited to school of arts and trade
based on the provision as embodied in the -ivil code @sconde Case S- ruled that RT3'K&(8) refers to
teachers or heads of establishments of a0$/ a'" $0a"#/..not to academic educational institution..BUT in
the case of AMADORAV RT 3'K& should apply to all school..academic and non.acdemic..also, held in
case of PALISOC ;aygoBo vs% 1AC S- ruled that recess is included in the phrase Gattendance in the
schoolI..therefore if the child is in the canteen and there is something happened to the child..the parents
can still run after the teacher, school and head of the school..what is the defense of the latterJ
#bservance of diligence of the good father of the family..which is the same defense under RT 3'K&..
There was a camping..tapos nawawala na ung % bata..tapos na$ita ung % bata lumulutang ung bata sa
dagat..di na$ita nung teacher na lumangoy at nalunod ung bata..in this case, even it happened outside
the school since it is related to school activity..the teacher is liable..the same in the case where
bumaligtad ang bus during field trip sa avilon zoo..WWWWWW That is the reason why the tuition fee
in elementary is higher than in college..probably because of the responsibility being assumed by the
teacher, school and administrator.. EMANCIPATION Cnder '()& --, there are two modes of
emancipation! '. contracting marriage 3. attainment of the age of ma6ority because marrying age is '1
for female and 'B for male and at that time the legal age is 3'.. effect of emancipation! parental authority
is terminated 9#7, there is only one mode of emancipation because of the fact that the marrying age is
'K and the legal age is reduced to 'K..it is the attainment of the age of ma6ority Q: 1f 5e$on k ginawang
kalokohan when +y$s old k, does it 5ean wala ng cause of action ang victi5 against you$ pa$ents?
Conside$ing A&) '3/%%you a$e al$eady e5ancipated%%the$efo$e the pa$ental autho$ity is
te$5inated upon $eaching the age of 5aHo$ity ! R. . BK&(. ?ven if you are 'Kyears of age or those
'K.3'..and still living with their parents and causes in6ury to third person..the parents can still be held
liable for it but if paglagpas mo ng 3' $ahit na nasa nanay $a pa..bahala $a na sa sarili mo 6ust in case
you cause in6ury to third person..di na liable ang parents..no more VICARIOUS LIBILITY of parents..
@scano vs% -il 9ag.asawa na sya pero na$atira pa rin sya sa magulang nya tapos nag$aroon ng
problema..Sruled that basta nandun $a pa sa parents mo $ahit nagpa$asal $a na..parents can still be held
liableV >CT under RA68)5, nag$aroon ng limitation..til 'K. 3'years old na lang.. NULLITYB
ANNULMENTB LE+AL SEPARATION N7lli$@ . status of marriage is void ab initio, which means
from the very start no marriage was celebrated even if there was a marriage ceremony performed.
A''7l&#'$. marriage is voidable, valid until annulled. L.S. marriage is valid at the time it was
celebrated.
40

*n remedial law who is the real party in interest. Secure a copy of .5. &3.''.'&, tells us about new rules
in filing a petition for declaration of nullity, annulment and +.S. *n the case of 9inal for purposes of
resolving the issue regarding succession or inheritance, the heirs of any of the spouses can file a
petition for declaration of nullity of marriage. >ut by virtue the said rule .5. a petition for declaration of
nullity of void marriage may be filed solely by the husband or the wife. @n$ico vs% 8ei$s of Cely Scategorically abandoned the ruling in 9inal. The heirs do not have the right to file a petition for nullity
even for purposes of setting the issue on inheritance. #nly the husband or the wife can be considered
real party in interest Q: Why did 1 say inHu$ed pa$ty no statuto$y $efe$ence? A: >ec. There is no
in6ured party when it comes to grounds for declaration of nullity. *f you will recall in rt. 1, the absence
of any essentialEformal re<uisites will render the marriage null and void. -an you consider a party in
bad faith, if 1th cousins fell in loveJ or -an we say that the husband or the wife is in bad faith if there is
lac$ of marriage licenseElac$ of legal capacityEpsychological incapacitated. That is the reason why
when it comes to who is the real party in interest, we do not use the word in6ured party, if it is a
petition for nullity. Cnder the rules, it is simply the husband or the wife. 9obody can be considered as
an in6ured party in a petition for declaration of nullity. ;al5ingo vs% &udica ,ito na$ialam ung pubic
prosecutor, $asi dib a if you file a petition for declaration of nullity the state will always intervene
because of the constitutional mandate that the state will protect the sanctity of marriage and in order to
find out whether there is a collusion bet. The parties, the state representative who can be the public
prosecutor or office of Sol. =en. will appeal in court. *n this case S.- said one who is not a real party in
interest in a complaint for declaration of nullity cannot as$ for the setting aside therein. 4is invocation
of the states interest in protecting the sanctity of marriage does give him the standing to <uestion the
decision by law. *t is the prosecuting atty. #r fiscal or Sol. =en. who represents the interest of the state.
>ut as * have said the role of the fiscal or Sol. =en. is simply to find out whether or not there is a
collusion bet. The parties when the petition was filed. 4ere a %rd person filed a petition for declaration
of nullity and he is invo$ing for the interest of the state. S- said, no you are not a real party in interest.
A''7l&#'$ D% W1! -a' 2il# $1# -a/#9
!
#nly
the
in6ured
partyEaggrieved
party.
Q: Why is the$e such a thing as inHu$ed pa$ty in annul5ent? ! #ne ground 1 annulment is fraud. *n
R#-, if you will go to court, you have to go there with a clean hands so if you are the one who
committed fraud, you cannot file a petition for annulment. So only the in6ured party can file but there
are exceptions! '. +ac$ of parental consent. the parent where consent was not obtained can file a petition
for annulment 3. *nsanity. the relative can file a petition for annulment. L#>al S#.a0a$i!' 0ust li$e in
annulment, if you will loo$ at the grounds of +.S there is really an in6ured party. ?x. Repeated physical
violence, so $ung i$aw ang bo$singero, hindi i$aw pwede mgdemanda, ung sinas$tn ang pwede. P0#/0i.$iv# .#0i!" N7lli$@ . the '&.year prescriptive period has been repealed so forget about it, it
imprescriptible, so even if you were married before the effectivity of the 2-, still you can file a petition,
for the reason that it is void ab initio so why put prescriptive period. A''7l&#'$ . )yrs. is the prescriptive

period for filing a petition. 5emorize rt.8.when do you start counting the ).yr period. ?x. 2raud. upon the
discovery and not frm the celebration of the marriage. >ut ta$e note of the exceptions considering there
are %rd persons who can file, you need to connect that to the prescriptive period. So if it is the parent
whose consent was not obtained, the parent can file before the child reaches the age of 3'. Q: What
happen if the pa$ent was not able to file the petition and the child is al$eady ' o$ above ' ? ! So you
have to apply the ).yr period but this time relate it to the spouse who did not obtain the consent of the
parent so the spouse who got married upon reaching the age of 3' still given ) years counted frm 3'.
5eaning to say until heEshe reaches 3B yrs old. fter 3B or pg 38 na cya, if heEshe did not file. the
marriage was already rarified by cohabitation. Ratification is only applicable in a voidable marriage. *f
insanity, any of the relatives of the insane may file. >efore the death of either party or during lucid
interval. L.S . ) years. H!w $! i&.7>'9 Ca' i$ =# a$$a-C#" "i0#-$l@ !0 -!lla$#0all@9
41

V!i" &a00ia>#. it can be attac$ed collaterally wEc means that is not the main issue in the case file. *t
was simply brought out as a conse<uence in attac$ing the principal issue in the case. V!i"a=l#
&a00ia>#. cannot be attac$ed collaterally. There shld be a separate action to annul. L.S. it is not
applicable bec. The marriage is valid. +0!7'"/ 5emorize the grounds. >ut the easiest way, 'st apply rt.1,
the absence of any of the essentialEformal re<uisites. Then go to list of prohibited marriages. Do5ingo
vs% C%A /rior 6udicial declaration of marriage shld not be simply construed as necessary only for the
purposes of contracting a subse<uent marriage. There is also need for 6udicial declaration of the first
marriage for the purpose of setting the issue regarding inheritance etc. it is not only limited to
contracting a subse<uent marriage. rt.1& shld be extensive, it shld not only for the sole purpose of
contracting subse<uent marriage. 7olina Doct$ine S- said, it enumerates what are the elements that shld
be present so that a petition for declaration of nullity on the ground of /.*. can be granted, the impt. ?
lements are! '. 5edically proven 3. /ermanent and incurable 9.>. there are K in the list, but these 3 are
most impt. Ching 7ing Choi 4e wants to remain a virgin all thru his life. 4e does not li$e to have sex. *n
canon law, if marriage is not consummated it is a ground for annulment. >ut in this case it is
tantamount to /.*. it was discovered that -hing 5ing -hoi is not He but She in a manLs body. 7a$cos vs%
7a$cos 9ot related by blood but bec. #f employment contract. *f you read this case, these 3 people used
to be member of the /S= they became unemployed. 9ainis ung babae xe cya lng wr$ng. lthough in this
case the S- denied the petition. 7hat the Semphasize here, a person can be considered /.*. even if he was
not personally interviewed by a psychologist. 5oreso $hit ndi nainterview or naexmine the psychologist
may give a recommendation or declaration that respondent is /.*. >asisJ. the testimony of the relatives
of the resp., who testified that since birth that has been the behavior of the resp. the psychologist will
trace the family bac$ground. &epublic vs% Dagdag Root cause must be medically identified.
6uenaventu$a case /etitioner wants the person who was declared /.*. to pay damages. S- said no, it is
not his fault to be
/.*. at the same time there is possibility that the petitioner may be declared as /.*. ,a$as vs% ,a$as The
disposition of a disbarment case cannot be conclusive on an action for declaration of nullity, because it
was based on immorality, it is not a ground. Ta$e note of the gravity of /.*. '. =ravity 3. 0udicial
antecedents %. *ncurability Q: 1f you have been decla$ed as ,%1% do you still have the capacity to
ente$ into a subse?uent 5a$$iage? ! 3 suggested answers! 1. There is such a thing as relative /.*.
meaning to say, resp. might be /.*. to the ' st spouse but not on the 3nd spouse. 3. 5aLam +opezLs
#pinion. ta$e into consideration the re<uisites of /.*. accdg. To 5olina case there shld be an element of
permanence and incurability. I'-#/$ 07l#/ . memorize rt.%8 The new rules of declaration of nullity of
marriage under .5 &3.''.'& relaxed the re<uirement of expert opinion referring to a
psychologistEpsychiatrist. Sec.3 par.b . the petition need not allege expert opinion but simply complete
facts of he physical manifestation indicative of said incapacity. M#&!0i?# &a00ia>#/ a>ai'/$ .7=li- .!li@. Bi>a&!7/ Ma00ia># Q: 3uan 5a$$ied, afte$ disappea$ing fo$ seve$al yea$s cont$acted a second
5a$$iage% 1s the 'nd 5a$$iage valid? ! s a general as that you may <ualify, itLs because of the so
called 6udicial declaration of presumptive death of the absent spouse. ,isappearance is different from
abandonment. 7hat rts. 1& Z 1' contemplate is disappearance under circumstances beyond the control
of men. ?xample! ,isappeared because of earth<ua$e. *f you want to marry again you have to file a
petition for declaration of the presumptive death of the absent spouse. 7hich is different under the '()&
--. absences for 8 consecutive years may be sufficient to give you the capacity to contract subse<uent
marriage, if you have a well.founded belief that your spouse is dead. 2ilipinos abuse that provision, that
is why in the 2- when if your spouse disappeared under circumstances beyond your control, you need to
as$ the court to declare your husbandEwife dead. ?ffect of declaration! this will give you the chance to
contract a 3nd marriage. Q: 1f you cont$acted a 'nd 5a$$iage, does it 5ean to say that the st 5a$$iage is
al$eady te$5inated?

42

! 9o, the 'st marriage accdg. To the 2- is simply suspended. *n effect, the 3nd marriage although
allowed by law is bigamous but this is a case that even it is bigamous it is considered valid. why validJ.
bec. >efore the contracting the 3nd marriage there was a 6udicial declaration of presumptive death of
the absent spouse. Q: What happens if absent spouse $e.appea$ed? ! *t depends, if there is an execution
of affidavit of reappearance filed before the +-R where the marriage contract is registered
automatically, the 3nd marriage according to 2- is deemed terminated in wEc case, the suspension of
the 'st marriage is deemed lifted. Q: What happens to the child$en assu5ing they a$e child$en in the 'nd
5a$$iage? ! The children will remain legitimate. Cnder the Spanish --, the moment there is a 6udicial
declaration of presumptive death of the absent spouse, automatically, the 'st marriage is terminated, and
the 3nd marriage will remain to be valid. Q: Assu5ing that the pe$son who $e.appea$ed have decided
not to file ad affidavit of $eappea$ance, will it give hi5 the capacity to cont$act a subse?uent 5a$$iage?
! 9o, remedy.he should go to court and file a petition for the declaration of nullity of his first marriage.
Q: Aside f$o5 the absent spouse, who 5ay file an affidavit of $eappea$ance? ! The present spouse, but
the law does not ma$e it mandatory the law says Gmay fileI A''7l&#'$ !2 Ma00ia># Ta$e note when it
comes to fraud, you have to apply rule on statutory const. Gexpresio uniosI. what is not include is
deemed excluded. F0a7" Ducat vs% A?uino S- said, $pg 8 mnths na un babae $alo$ohan na un $ng
s3vhn may deceit pa. 7hyJ *f the woman is pregnant, it is only up to the 1th mnth wherein you cannot
see that the woman is pregnant or not. The moment that it is already in the )th mnth, automatically bgla
n lng lala$i ung tyan. S- said in this case if 8 mnths n un babae, u cnt later on claim that there was
fraudEdeceit.non disclosure of pregnancy. >ut if the woman is 1 mnths pregy or below 1 mnths then
that is when you can invo$e fraud. 7hat ma$es it fraud is not the pregnancy per se, itLs not the ST,, itLs
not the homosexuality, but the non.disclosure wEc ma$es it a ground for annulment. Anaya case
9on.disclosure of pre.marital relationship does not constitute fraud.
So memorize the 1 circumstances constituting fraud. Cillanueva vs% CA +ac$ of cohabitation per se is
not a ground to annul a marriage. *t only becomes when it arises as a result of the perpetration for any
of the grounds for annulling marriage. #uis vs%AtienBa lawyer is involved in this case. The lawyer
alleges that he was threatened by the father of the girl. The father said that if you will not marry my
daughter, * will file a disbarment case. S- said that is not a $ind of intimidationEforce wEc can vitiate
consent. The $ind of intimidation wEc can vitiate consent is something that there is really a threat on
imminent danger to oneLs life or property or life of oneLs relative. *f you connect it to the 6ustifying
circumstance under the R/-.self.defense. 7aca$ubo vs% Atty% 7aca$ubo 5acarubo got married. 4e filed
a petition for annulment alleging that he was Gnapi$otI, the court annulled. 3nd marriage. he claimed
again Gnapi$ot ulit a<I S- said it is unimaginable for a lawyer ta$ing into consideration his profession.
'st time acceptable Gshot gun weddingI but 3nd time around Gshot gun wedding ulit, S- said ' incident
of a shot wedding is believable but in succession would tac$ oneLs credibility especially accdg. to S- it
s not easy to believe that a lawyer would be easily coward to enter into marriage. I&.!$#'-@ 5ale or
female may be impotent. *mpotency 6ust li$e /.*. shld be permanent and incurable. 3i5eneB vs% &ep
S- said to find out whether it is incurable the spouse can be physically examined even when there is an
opposition. That would not be a violation of constitutional rights. ;a$ao case -onsidering that the
operation of the wife was successful the impotency as a ground for annulment cannot be accepted. Q:
,ano 5giging i5potent ang babae? ! ,epende sa opening ng vaginal canal. *f the opening is too small and
there if difficulty for penetration. Q: @h kng sa lalaki? ! There is difficulty in e6aculation. *t has
something to do wE the size of the penis. STD >efore it was not a ground. ><tJ We dati d uso ang
prostiV huhJ +0!7'"/ 2!0 L.S.
43

5a$e a code, impt. Cn code ni maLam alm nyo na nV hehehe '. Repeated physical violence. it is not
simple violence.. it has to be repeated. 3. bandonment 4ng vs%4ng The abandonment should be wEo
6ustifiable reason for it to be a ground for +.S. in this case the wife left the con6ugal dwelling because
she was physically abused. *t was the husband who filed a petition for +.S. on the ground of
abandonment. S- said it cannot be abandonment, pnu $ ndi i3wah eh inaabuso mu asawa mu. So for it
to be a ground 1 legal separation it should be. %. 1. ). t least ' year wEo 6ustifiable reason attempt of
the respondent x x x tgnan sa codalVhehe final 6udgment. connect it to R#- o$Vun time frame $ng
$elan un periodVna finl 6udgment n tlga. +esbianismEhomosexuality, if there is no disclosure.fraud, if
there is.groubd for +S.
So if after declaration gen, rule children are legitimate, except. if the ground is /.*. under rt. %B or
under rt.)% wEc refers to non.delivery of the presumptive legitime and the registration re<uirement
before you contract a subse<uent marriage, under these 3 cases if the children are born before the
declaration of nullity and later n the marriage becomes null and void, they will remain to be legitimate.
7hich means that if you are tal$ing about the other grounds for example. lac$ of legal capacity, absence
of marriage license, $ng ung declaration of nullity ngawa lng after )& yrs so after )& yrs s3vhn mu sa
ana$ mo illegitimate $ pla. >ecause the decision in the declaration of nullity as a gen.rule will retroact
on the date of the celebration of the marriage except if the ground is %B Z )%. Q: What is the status of
the child if it is annul5ent? ! They will remain to be legitimate if conceived or born. Remember when
we were tal$ing about legitimated children by subse<uent marriage, the law re<uires conceived and
born. 4ere conceived or born so either or. >efore the decree.. Q: 1n #; what is the status of the child? !
+egitimate because the marriage bond is not dissolved. 3. P0!.#0$@ 0#la$i!'/1i. 7e discussed under rts.
'18 Z '1K refer to co.ownership in relation to a common law relationship and void marriages. 7e now
connect it here, what are void marriages falling under '18E'1K. s mentioned, if there is an element of
bad faith and * can only thin$. for it fall under '18E'1K, the co.ownership under '1K wherein there is a
need for a proof of actual contribution, if he marriage is declared null Z void on the ground of bigamy.
>ecause he is in bad faith but ma6ority be governed by '18 because itLs not your fault, $ea dib a here is
no in6ured party in declaration of nullity. I' a''7l&#'$, apply the provision in the creation of property
relationship. So in the absence of ante.nuptial agreement. presumption.[ absolute community. *n case
of an ante.nuptial agreement, the property relationship agreed upon by the parties. that is the one that
would be dissolved in annulment of marriage, why? >ecause we are tal$ing about a marriage that is
voidable, valid until annulled Z what is the effect? 7e said in annulment there is an in6ured party Z as
an assumption the spouse in bad faith forfeits, what is forfeited is the share in the profits. /rofits lng ndi
$abuuan, $xe $ng $buuan $wa3 nmn. 7la n nga aswa, ala p property. I' LS, same effect, $ng anu ang
property relationship agreed upon, if there is an ante.nuptial agreement or
E22#-$/ D% D#-la0a$i!'Ea''7l&#'$ELSB $1#@ /a@ i$ i/ a .a-Ca># "#alB w1@9 ! >ecause all of these
should appear in the decision, it is not 6ust a ruling that the petition is granted. /etition should embody
what would be the effect in relation to the status of the child the custody, the prop. Relationship,
donation propter nuptias, succession. Some family court they might have overloo$ed it so for practical
purposes, when you become practitioners and you will be handling a case, * suggest you include it in
your prayer. Au vs% Au S- citing rts. 1( Z )& of the 2-, the issue about the custody of the child is
deemed impleaded in the petition for declaration of nullity, together wE support, dissolution of
property, presumptive legitime. So Ssaid lahat dapat nandon, $ya lng na$a$alimutan ng family court so
para hindi ma$alimutan, ilgay nyo n sa prayer nyo $ya nga pac$age deal sya. 4. Ma00ia># =!'"
N7lli$@ . marriage is dissolved. A''7l&#'$ . it is proper to say the marriage bond is dissolved, bec. *t is
voidable, valid until annulled. L.S . marriage bond is not dissolved, it will remain to be valid but there
is simply a separation from bed Z board. (. S$a$7/ !2 -1il"0#' -hildren born before the declaration of
nullity will remain to be legitimate.

44

in the absence, you follow the applicable property relationship, following the presumption of the law.
<. C7/$!"@ !2 -1il"0#' Hea $ng cnv nt applicable sa nullity $ze wla nga, void ab initio so tlgang dpt sa
nanay. Hea nga d b under the 2- shall carry the surname of the mother ng$ataon lng we have a new law
allowing an illegitimate child to carry the surname of the father. *n annulment, here the court will
always ta$e into consideration the different doctrines * mentioned a while ago. /resumption maternal
preference rule and the parental preference rule. *n +S, usually gnun din. A. I'1#0i$a'-# N7lli$@ .
dis<ualified to inherit of the spouse is in bad faith. A''7l&#'$ . spouse in bad faith, dis<ualified to
inherit. LS . offending spouse, dis<ualified to inherit. 6. D!'a$i!' =@ 0#a/!' !2 &a00ia>#E"!'a$i!' .0!.$#0
'7.$ia/ N7lli$@ . remain valid except if donee contradicted in bad faith in wEc case it is revo$ed by
operation of law. A''7l&#'$ . bsta $pg may bad faith, the revocation is by operation of law pero $ng
ti3gnan mu saVala $asunod ehV.sorry. LS . revocation by innocent spouse. 6. D#liv#0@ !2 .0#/7&.$iv#
l#>i$i&# Q: Afte$ the decision of 5a$$iage, what should u do? ! ,elivery of presumptive legitime and
recording of 6udgment. #therwise if you will contract a 3nd marriage, if you will not do this, then eiher
of the spouse in the 3nd marriage can ma$e this a ground for declaration of nullity for non.compliance
wE this re<uirement. R.A. 5)<8M+i>!'"! LawM-l#0i-al #00!0 a-$ The changing of nameEnic$name. ,o
not be confused this wE the change of name in R#-. 7hat is contemplated in R (&1K are cases
involving those people wherein supposedly you have 3 names in your birth certificate. ffidavit is not
applicable in passport. The law does not refer to those cases when for example she wants to change her
name because it is ridiculous. >ut if for example her name is /edro but she has been using /edra all
throughout the years from elementary up to college. So what will /edra do, produce all documents
showing that since grade ' the name /edra has been appearing consistently. This is not because it is
humiliating
or embarrassing based on records because that is the name that you have been habitually using. T@.!
>0a.1i-al #00!0 . only 'st name Z nic$name allowed, surname not allowed #ther examples wEc can be
changed. entry. birthday, nationality, all typographical. S change to P 2emale nging male.[ pero female
tlage cya. [-ongressman it is clerical error but to -ourt it is substantive, if this will be as$ed in the bar,
6ust stic$ to what is written in the title..typographical error or clerical error or change of first name or
nic$name. E22#-$ivi$@ !2 RA 5)<8% pril 33, 3&&' -ase of petition for the change of name 0ulio
Harulasan. S- said the person who should file the petition should be the concerned person himself. *n
this case it was the mother who filed on behalf of his child. Reason of the mother, her child will go to
Singapore, and Singaporeans might not pronounce G$arulasan properlyI at b$a pgtawanan sya. S- said
let the child decide for himself. The mother is not real party in interest. &epublic vs% Co, '000
/ublication of the order of hearing under Sec. 1 of Rule '&K cures the failure to implead an
indispensable party. ;ilve$io vs%&epublic /erson who had a sexual transplantEsex re. assignment. *t
was granted by the lower court on ground of e<uity. S- what should be reflected in the birth certificate
are information on data at the time of the actual birth. S- made mention of R (&1K . grounds for
changed of 'st name! 1. /etitioner finds 'st name, nic$name to be ridiculous tainted wE dishonor or
extremely difficult to write or pronounce. 2. 'st name or nic$name has been habitually and continuously
used by petitioner and have been publicly $nown by that 'st nameEnic$name in the community. That is
why *Lve said you execute an affidavit for the change of name and then you attach documents showing
that since elementary you have been using that name. -hange of sex and name in the Silverio case was
not allowed.
45

46

DECLARATION OF NULLITY 4 S$a$7/ !2 Ma00ia># Foid ab initio Foidable

ANNULMENT
LE+AL SEPARATION Falid
(
R#al Pa0$@ i' I'$#0#/$
?ither spouse ( .5. &3.''.'&) solely by 4 or 7
*n6ured E ggrieved /arty ?xcept! '. +ac$ of parental consent . parent whose consent was not obtained 3.
*nsanity . relatives or guardian
*n6ured 4 or 7
3
P0#/-0i.$iv# P#0i!" 2!0 Fili'>
rticle %( . *mprescriptible
,epends upon the ground ( rt. 18) '. +ac$ of /a. /arent . before child reaches 3' b. 4 E 7 . after 3' but
within ) yrs 3. *nsanity a. *nsane . during lucid interval after regaining sanity b. Relative . anytime
before death of either party %. 2raud . within ) yrs after discovery 1. 2*C . within ) years from the time
2*C disappeared ). *ncurable /hysical *ncapacity E ST, . within ) years after marriage B. *mpotency . )
yrs after discovery of fraud
7ithin ) years from the time of the occurrence of the cause
<
+0!7'"/
-#,?! /*/ S '. rt. %) 3. rt. %B . psychological incapacity %. rt. %8 . incestuous 1. rt. %K . by reason
of // ). rt. 1' . if contracted by any person during subsistence
-#,?! 2*+F*S rt. 1) a) +ac$ of parental consent unless 3' . cohabited b) Cnsound mind after coming to
reason . cohabited c) -onsent obtained by fraud unless after discovery of fraud . cohabited
-#,?! / +2 -.S*+ '. Repeated /F 3. /F E 5/ to change religious or political affiliation %. ttempt to corrupt
xxx 1. 20 sentencing respondent to imprisonment of more than B years
1

of previous marriage
d) -onsent through 2*C unless after 2*C disappeared . cohabited e) *ncurable physical incapacity f) ST,
serious and incurable rt. 1B . circumstances wEc shall constitute fraud a) 9on.disclosure of previous
conviction b) -oncealment of pregnancy c) -oncealment of ST, d) -oncealment of drug addiction, 4 ,
homosexuality, lesbianism
). , E 4 B. +esbianism E 4omo 8. >igamous K. Sexual infidelityEperversion (. ttempt by the respondent
against the life '&. bandonment
A
H!w $! I&.7>'
,irectly or collaterally even after death of the parties
,irect
,irect
6
Ti&# !2 E,i/$#'-# !2 +0!7'"/
?xisted before marriage
t the time of marriage
,uring marriage
6
E22#-$ !2 Ma00ia># B!'"
,issolved
,issolved
rt. B%(') not dissolved, they shall live separately
8
P0!.#0$@ R#la$i!'/1i.
-o.ownership ( rt. '18) if grounds are %B, 11, )% -o.ownership ( rt. '1K) if grounds are %8, %K, bigamy
rt. 1% (3) -E-/ dissolved and li<uidated /arty in bf . hisEher share of the net profits of the -E-/ shall be
forfeited in favor of common children E children of guilty spouse by previous marriage E innocent
spouse

rt. B% (3) same as 1% (3)

5
S$a$7/ !2 C1il"0#'
=R! *?W-! rt. )1
+egitimate if conceived or born before decree of annulment
+egitimate
2

a) -hild conceived or born before 6udgment of nullity has become final and executory b) -hild
conceived or born of the subse<uent marriage under rticle )%
4)
C7/$!"@
5other . below 8 8 and above 8 . choice of child
rt. 3'% . parent designated by court, court will consider choice of child over 8
rt. B% (%) to innocent spouse sub6ect to rt. 3'%
44
D!'a$i!' P0!.$#0 N7.$ia/
rt. 1% (%) . valid except donee contracted marriage in bf, such donation shall be revo$ed by operation
of law
rt. 1% (%)
rt. B1 . revocation of donation by innocent spouse. ction shall be brought within ) years from the time
the decree of +S becomes final
4(
Ri>1$ $! I'1#0i$a'-#
rt. 1% ()) . spouse who contracted the marriage in bf shall be dis<ualified to inherit from innocent
spouse by testate or intestate succession
rt. 1% ())
rt. B% (1) #ffending spouse . intestate testate . revo$ed by operation of law
43
Ri>1$ $! S7..!0$
?xtinguished
?xtinguished
4<
E22#-$
-an marry again

-an marry again

-annot marry again
3