REVIEWER 1.

EXPANDED SYLLABUS
I. INTRODUCTION
Intersection of Modern Constitutional Developments and Traditional Family Law
1. Legal Framework
a. 1987 Constitution
Art. III, Sec. 1: Due process and Equal protection clauses persons similarly situated are similarly treated, rationality
test between statutes and their purposes
Art. II, Sec. 12: State recognition of the family as the fundamental autonomous social unit, that needs protection and
support
Art. II, Sec. 14: State recognition of the equality of the sexes, the importance of women in society and nation-building
Art. XV, Sec. 1: State recognition of the family as the foundation of the nation; strengthen solidarity and promote
development
Art. XV, Sec. 2: Marriage as an inviolable social institution and foundation of family; state protection
Art. XV, Sec. 3: State to defend the right of spouses, children, family, and family associations
Art. XV, Sec. 4: Family duty to care for elders
b. Magna Carta of Women
RA 7610, Sec. 2: Declaration of state policy on the role of women in nation-building
RA 7610, Sec. 12: Equal treatment before the law; amend or repeal of discriminatory laws within 3 years
RA 7610, Sec. 19: Women given equal rights in all matters relating to marriage and family relations
c. Overview of Due Process and Equal Protection
Griswold v. Connecticut In prohibiting the use of contraceptives by married couples, the State unjustifiably impinges
on their individual right to privacy
Eisenstadt v. Baird in prohibiting the distribution of contraceptives to unmarried persons, the state irrationally and
unwittingly imposes unwanted pregnancies from unsafe sex as a form of punishment.
II. CIVIL PERSONALITY
A. Concept and Classes of Persons
Provisions:
Art. 37, CC: definition of Juridical Capacity and Capacity to act - juridical or legal capacity is the capability to be the SUBJECT
OF laws and rights, while capacity to act is the capability to do actions with legal effect
Art. 40, CC: Birth determines juridical capacity; fetus considered born for all purposes favorable to it, provided that it is later
born alive
Art. 41, CC: fetuses for civil purposes, is considered born if it is alive at the time it is delivered from the mothers womb;
except if the fetus is less than 7 months at the time of delivery, then it should survive for at least 24 hours
Art. 42, CC: juridical capacity ends at death, but obligations passes on to the estate which is the extension of juridical capacity
Art. 43, CC: indeterminate succession: when there is total lack of evidence regarding the order of death of two or more
persons, and they are called to succeed each other, then they are presumed to have died at the same time, thus no transfer
of rights
Art. 44, CC: juridical persons - (1) the STATE and its subdivisions; (2) corporate entities created by the State for PUBLIC
purposes; (3) PRIVATE corporations and other entities.
Art. 45, CC: which laws APPLY to juridical persons - for (1) and (2), the charter or law that created them; for (3), general and
special laws governing corporations or partnerships.
Art. 46, CC: capacity of juridical persons - they may acquire and possess property, incur obligations, to sue and be sued.
Art. 47, CC: dissolution of juridical persons - specifically for (2), their properties are disposed of in accordance with the
charter that created them. Otherwise, then the properties are transferred to the State
Rule 131, Sec. 3(jj), ROC when 2 persons perish in same calamity with no showing as to who died first, survivorship is
determined from the strength and age of the sexes; not applicable for purposes of succession
Cases:
Geluz v. CA: an unborn fetus has no juridical capacity, and thus it cannot be the subject of suits
People v. Tirol: death extinguishes juridical capacity, but indemnities from criminal liability passes to the estate of deceased
Joaquin v. Navarro: in the presence of competent evidence regarding indeterminate succession, legal presumptions do not
apply

B. Capacity to Act and Restrictions Thereon

1. Presumption of Capacity
Capacity is presumed to attach to a person who is not previously declared incapable. He enjoys this presumption
continuously unless the
contrary is proven
Standard Oil Co. v. Arenas: for insanity to be a valid restriction on the capacity to act, it should meet the following.
requirements: (1) that the insanity is HABITUAL; (2) that the person was insane AT THE TIME THE ACT WAS DONE; (3) that
the act done DIRECTLY AROSE from the person's insanity. Otherwise, the person is PRESUMED TO BE CAPACITATED.
2. Restrictions
Art. 6, CC: WAIVER of rights - rights may be waived, unless the waiver is contrary to law or prejudicial to a third party
Art. 38, CC: RESTRICTIONS on the capacity to act - minority, insanity, or imbecility are mere restrictions, and persons
afflicted with them are still subject to obligations.
Art. 39, CC: LIMITATIONS on the capacity to act - age, gender, religion, insanity, imbecility, deafmutism, civil interdiction,
prodigality, family relations, alienage, absence, insolvency, trusteeship, among others, only modify or limit capacity to act.
a. Minority
RA 6809: AGE OF MAJORITY is lowered to 18.
i. Effect on Contracts
Provisions:
Art. 1327 (1), CC: (1) Unemancipated MINORS CANNOT GIVE CONSENT
Art. 1390 (1), CC: if ONE of the parties giving consent to a contract is incapacitated contract is VOIDABLE.
Art. 1403 (3): if BOTH parties giving consent to a contract is incapacitated contract is UNENFORCEABLE
Art. 1397, CC: Action for annulment of contracts - may be done by all who are principally or subsidiarily
obliged to the contract, but capacitated persons CANNOT ALLEGE THE INCAPACITY OF THE OTHER PARTY
Art. 1399, C: Restitution of incapacitated parties - they are NOT OBLIGED to make restitutions as concerning
the defect of the contract, except if they have been BENEFITED by the thing or price received
Art. 1426, CC: Annulment of contracts entered into by minors - if they VOLUNTARILY RETURN the whole thing
received, there is NO RIGHT to demand the thing or price thus returned.
Art. 1427, CC: Minors entering into contracts without parental consent - if they VOLUNTARILY PAY money or
a fungible thing in fulfillment of the obligation, there is NO RIGHT to recover the Same from the obligee who
has spent or consumed it in good faith.
Art. 1489, CC: Necessaries sold to incapacitated persons - they must pay a REASONABLE PRICE for them
Cases:
Mercado v. Espiritu: when the minority of one party is MISREPRESENTED, the contract is VALID.
Bambalan v. Maramba: when the minority of one party is KNOWN TO THE OTHER, the contract is VOIDABLE
Braganza v. Villa Abrille: when the minority of one party is NOT DISCLOSED, the contract is VALID.
ii. Effect on Marriage
Art. 5, FC: Any person 18 YEARS OLD OR ABOVE can contract marriage, provided that there are no
impediments.
Art. 35, FC: The ff. marriages are VOID AB INITIO: any of the parties are BELOW 18.
iii. Effect on Crimes
Sec. 6, RA 9344: minimum age of criminal responsibility: if 15 and under, exempt; if above 15 below 18 incurs
liability if acted with discernment
Sec. 7, RA 9344: presumption of minority; determined by documents; circumstantial evidence in the absence
of said documents; if there are doubts, it shall be resolved in the childs favor
Sec. 20, RA 9344: children below the age of criminal responsibility released to custody of parent or guardian,
if none, to the nearest relative; if none, NGO or baranggay council or DSWD
Sec. 57, RA 9344: offenses not penalized if adult will not be considered offense and not punished if by child
Sec. 58, RA 9344: offenses not applicable to children include: vagrancy and prostitution, sniffing of ruby,
Sec. 59, RA 9344: no death penalty shall be imposed upon child in conflict with the law
b. Insanity
i. Effect on Contract
Art. 1327 (2), CC: the ff. CANNOT GIVE CONSENT to contracts: (2) the INSANE and ILLITERATE DEAF-MUTES
Art. 1328, CC: Insane persons entering into contracts - if entered during a LUCID INTERVAL, the contract is
VALID.

Art. 1399, CC: Restitution of incapacitated parties - they are NOT OBLIGED to make restitutions as concerning
the defect of the contract, except if they have been BENEFITED by the thing or price received.
ii. Effect on Crimes
Art. 12 (1), RPC: insane persons or imbeciles, unless they are acting during a lucid interval are EXEMPT FROM
CRIMINAL LIABILITY
iii. Effect on Marriage
Art. 45 (2), FC: grounds for VOIDABILITY (2) if either party to the marriage is of unsound mind at the time of
its celebration, unless ratified by free cohabitation
Art. 47 (2), FC: action for VOIDABILITY (2) by the sane spouse, by any relative or guardian of the insane
spouse, or by the insane spouse during a lucid interval.
c. State of Being Deaf Mute
Art. 1327, CC: the ff. CANNOT GIVE CONSENT to contracts: (2) the insane or ILLITERATE deaf-mutes.
Art. 807, CC: deaf-mutes entering into WILLS the deaf-mute person must be ABLE TO READ the will,
otherwise, he assigns two persons to communicate its contents to him.
Art. 820, CC: deaf-mutes becoming WITNESSES TO A WILL any person of sound mind, above 18 years old,
NOT DEAF, NOT BLIND, and able to read and write may be a witness to the execution of a will.
d. Prodigality
Rule 92, Sec. 2, ROC: defines INCOMPETENT; those who cannot without outside aid, take care of themselbes
and manage their property, becoming an easy prey for deceit and exploitation
Martinez v. Martinez: For prodigality to be ruled, there has to be a morbid state of mind & disposition to
spend, waste & lessen the estate as to expose family to want of support or deprive them of their
undisposable part of the estate
e. Civil Interdiction
Art. 34, RPC: DEPRIVATION of rights of an imprisoned person during the length of the sentence, the civilly
interdicted loses parental authority, guardianship, marital authority, etc.
Art. 135 (1), FC: civil interdiction considered sufficient cause of judicial separation of property
Art. 142 (3), FC: administration of all classes of exclusive property may be transferred by the court to other
spouse when one spouse is sentenced to a penalty that carries civil interdiction
f. Family Relations
Art. 11 (2), RPC: JUSTIFYING circumstances the ff. DO NOT INCUR any criminal liability: (2) any person who
acts in DEFENSE of the person or the rights of a spouse or any relative within the fourth civil degree, provided
there is unlawful aggression on the part of the attacker, and the means employed to do so is reasonable
Art. 13 (5), RPC: MITIGATING circumstances (5) that the act committed was in the IMMEDIATE
VINDICATION of a wrong done against the perpetrator's spouse or relative within the fourth civil degree.
Art. 37, FC: MARRIAGES between family relatives the ff. marriages are VOID AB INITIO: (1) between
ascendants or descendants of any civil degree; (2) between siblings of either the full- or half-blood.
Art. 87, FC: DONATIONS between spouses or anything other than moderate gifts are VOID.
Art. 215, FC: No descendant shall be compelled, in a criminal case, to testify against his parents and
grandparents; EXCEPT when such testimony is indispensable in a crime against the descendant or by one
parent against the other
Art. 1109, CC: PRESCRIPTION between spouses does not run even with the existence of an agreement of
separation of properties between them.
Art. 1490, CC: SELLING of property between spouses prohibited, unless: (1) there is an agreement of
separation of properties; (2) or a judicial decree ordering the same.
g. Absence
Art. 390, CC: PRESUMPTION OF DEATH of an absentee 7 YEARS for all purposes except succession, which
requires 10 YEARS of absence. If the absentee is over 75 years of age, then 5 YEARS of absence is sufficient
for all purposes.
Art. 391, CC: FOUR-YEAR RULES: the absentee is presumed dead if: (1) in a shipwreck or a plane crash; (2) in
the armed forces during times of war; (3) in danger of death under other circumstances and not seen since.
Art. 41, FC: exemption to general rule that subsequent marriage shall be null and void: (1) prior spouse
absent for 4 consecutive years; (2) present spouse has well-founded belief that absent spouse was dead
Art. 42, FC: subsequent marriage automatically terminated by affidavit of reappearance

III. PRE-MARITAL CONTROVERSY

A. Breach of Promise to Marry
Actionable wrongs in breach of promise to marry
Reason for Marriage
Basis for Action for Breach of Promise to Marry
Property
Contract for return or reimbursement of spent property
Feelings, expectations, social perceptions
Tort for moral or exemplary damages
Love
No basis
Provisions:
Art. 19, CC: in the EXERCISE of rights and PERFORMANCE of duties, all persons must ACT WITH JUSTICE, give everyone his
or her due, and observe HONESTY and GOOD FAITH
Art. 20, CC: any person who WILLFULLY OR NEGLIGENTLY causes damage to another or to another's property, indemnifies
the latter for the same.
Art. 21, CC: any person who causes damage to another, CONTRARY TO MORALS, CUSTOM, OR PUBLIC POLICY, shall
compensate the latter.
Art. 2176, CC: quasi-delicts any person who causes damage to another by an act or omission, there being fault or
negligence, is obliged to pay for the damage done.
Cases:
Wasmer v. Velez: a breach of contract to marry is NOT AN ACTIONABLE WRONG, applied to all the cases below. One can
only sue for damages for EXPENSES or other incidents that directly arose from the contract to marry. In this case, the costs
of the wedding preparations.
Tanjanco v. CA: LOST WAGES arising from voluntary dismissal in anticipation of a marriage can be sued for.
De Jesus v. Syquia: CHILD SUPPORT is separate from the breach of contract to marry, and can therefore be claimed.
Piccininni v. Hajus: EXPENSES made for the renovation of an anticipated conjugal home can be sued for.
IV. DEFINITION AND NATURE OF MARRIAGE
Provisions:
Art. 1, FC: Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law
for the establishment of conjugal and family life. It is the foundation of the family, and an inviolable social institution whose
nature, consequences, and incidents are not subject to stipulation, except that marriage settlements may fix the property
relations during the marriage within the limits set by this Code.
Sec. 1, Art. XV, 1987 Constitution : State recognition of the Filipino family as the foundation of the nation, and its
strengthening and promotion of total development.
Sec. 2, Art. XV, 1987 Constitution: State recognition of marriage as an inviolable social institution, as the foundation of the
family, and its protection.
Sec. 3, Art. XV, 1987 Constitution: State defends: (1) the rights of spouses to found a family in accordance with their religious
convictions and the demands of responsible parenthood; (2) the right of children to assistance, including proper
care and nutrition, etc.; (3) the right of families to a living wage; (4) the right of families or family organizations to
participate in the planning of programs that directly affect them.
Sec. 4, Art. XV, 1987 Constitution: Family duty to care for elders
Cases:
Loving v. Virginia: landmark US case affirming the INDIVIDUAL RIGHT TO MARRY regardless of race or other natural factors.
Zablocki v. Redhail: IRRATIONAL FIT between the prevention of public wards from extra-marital pregnancies and the prohibition
of marriage to those persons who have wards.
A. Marriage Models
1. Traditional Marriage
Graham v. Graham: in affirming the traditional marital roles of husband and wife, the couple was prevented from
making NON-TRADITIONAL ARRANGEMENTS. In this case, where the husband was stipulated not to work because
of the wife's great wealth.
Bradwell v. Illinois: the WIFE'S PRIMARY ROLE is the provider of household and child-care services, thus preventing
a married woman's entry into the Bar. Also, the inherent legal incapacities of a wife makes the entering of contracts
difficult, thus making the legal profession also difficult.
2. Challenges to the Traditional Marriage Model
Dunn v. Palermo: a wife is still entitled to use her MAIDEN NAME, as the law only provides the usage of the
husband's name out of custom.

3. By Private Contract: When Valid? When Void?

In Re Santiago: married couples CANNOT LIVE SEPARATELY from each other according to their own will and
without judicial declaration.
Selanova v. Mendoza: agreement on the SEPARATION OF PROPERTIES is only allowed before the contraction of
marriage, and nowhere else, not even in extrajudicial declarations
B. Requisites of Marriage
Art. 2, FC: ESSENTIAL requisites of marriage (1) legal capacity of both parties who must be male and female; (2) consent
freely given.
Art. 3, FC: FORMAL requisites of marriage (1) a marriage license; (2) an authorized solemnizing officer; and (3) a marriage
ceremony by the solemnizing officer and in the presence of at least two witnesses.
Art. 16, CMPL: capacity to contract marriage: Muslim male at least FIFTEEN and any Muslim female of the age of PUBERTY
Art. 17, CMPL: no particular form of marriage ceremony required
Art. 18, CMPL: who may solemnize: (1) wali of woman, (2) upon authority of proper wali; (3) judge of Sharia
Sec. 22, Art. II, 1987 Constitution: state recognition and promotion of rights of indigenous and cultural communities
Sec. 17, Art. XIV, 1987 Constitution: protection of rights of indigenous cultural communities in their preservation
Sec. 2(c), RA 8731 (IPRA): State recognition and respect and protect of indigents to preserve and develop their cultures
Sec. 29, RA 8731 (IPRA): protection of indigenous culture, traditions, and institutions
Sec. 32, RA 8731 (IPRA): recognition of community intellectual rights
1. Essential Requisites
a. Legal Capacity; male and female
Provisions:
Rule 103, ROC: rules on change of name; petition shall include: (1) that petitioner is a bona fide resident of
province of filing for at least 3 years prior, (2) cause for change of name, (3) name asked for
Rule 108, ROC: rules on petition on cancellation or correction of entries in the civil registry; applies to substantial
changes and corrections in entries in the civil registrar
Sec. 2, RA 9048: definition of terms; typographical error is a mistake in writing, copying, transcribing, or typing
an entry; no correction must involve change in nationality, age, status, sex
Sec. 3, RA 9048: any person having direct and personal interest in correction of a clerical or typographical error
Sec. 4, RA 9048 grounds for change of name or nickname: (1) first name or nickname found to be ridiculous,
dishonorable, or extremely difficult to write or pronounce, (2) new first name or nickname habitually and
continuously used and publicly known, (3) change will avoid confusion
Sec. 5, RA 9048: rule on form and content of petition
Sec. 6, RA 9048: city or municipal civil registrar or consul general has the duty to examine the petition
Sec. 7, RA 9048 : objections on grant of petition: (1) error not clerical, (2) correction is substantial or
controversial as it affects civil status, (3) basis used in changing does not fall under Sec. 4
Cases:
Jones v. Hallahan: marriage between persons of the same sex is denied because of the traditional definition of
marriage as BETWEEN MAN AND A WOMAN.
Goodridge v. Department of Public Health: no rational fit between the State's interest to provide
welfare to children and denying the INDIVIDUAL RIGHT TO MARRY
Silverio v. Republic: change of gender entry in one's birth certificate to allow marriage between a man and
another transgendered man is denied, as marriage is a union BETWEEN A MAN AND A WOMAN
Republic v. Cagandahan: change of name and sex is granted where the person is biologically intersex the
determining factor in his gender classification would be what the respondent having reached majority and with
good reason, think of herself
b. Consent Freely Given
Provisions:
Art. 4, FC: a DEFECT in an essential requisite of marriage renders it void.
Art. 45 (3), FC: grounds for ANNULMENT (3) when the marriage was entered into by FRAUD.
Cases:
People v. Santiago: the influence of FORCE OF THREAT as after the commission of a rape renders a marriage void
due to lack of consent.
Buccat v. Buccat: there was NO FRAUD as it was impossible for the husband to have not known the late
pregnancy of the wife, thus their marriage was valid
Eigenmann v. Guerra: parental consent can be of ANY FORM, like the mere presence of the groom's mother in
the ceremony in this case.

2. Formal Requisites
Art. 26, FC: validity of foreign marriages in the Philippines as regards to FORMAL REQUISITES ONLY
Art. 17, CC: foreign contracts they are governed by the laws of the PLACE WHERE THEY ARE MADE.
a. Authority of Solemnizing Officer

Conditions

Ministers of Religion
Duly authorized by the religion or sect to solemnize
Registered in the Civil Registry
Acts within the limits of his or her religious authority
One or both parties are member of the party

Effect on Marriage
No authority voids the marriage
No registration voids the marriage
Failure to do so has no effect on the validity
Neither party is a member voids the marriage

Provisions:
Art. 4, FC: an IRREGULARITY in one of the formal requisites DOES NOT AFFECT the validity of the marriage, but
the parties responsible for it may be held civilly or criminally liable.
Art. 7, FC: solemnizing officers (1) an INCUMBENT JUDGE within his court's jurisdiction; (2) any RELIGIOUS
MINISTER authorized by his church to solemnize marriages, and registered as such; (3) a ship CAPTAIN or
airplane CHIEF, but only in marriages AT THE POINT OF DEATH; (4) a MILITARY COMMANDER, also only in
marriages at the point of death; and (5) a CONSULAR officer.
Art. 10, FC: Filipino marriages abroad may be solemnized by a CONSULAR OFFICER (consul, vice-consul, or
consul-general) and consequent duties are performed by the same officer.
Art. 31, FC: ship captains and airplane chiefs can ONLY solemnize marriages at the point ofdeath within their
vessel, or at stopovers or ports of call.
Art. 32, FC: military commanders who must also be commissioned officers, can ONLY solemnize marriages at
the point of death within their area of command.
Art. 35(2), FC: the ff. marriages are VOID AB INITIO: (2) those solemnized by an UNAUTHORIZED solemnizing
officer, unless the married parties believed otherwise in good faith.
Cases:
Navarro v. Domagtoy: marriages solemnized by a judge acting OUTSIDE his jurisdiction were held to be VALID,
lack of valid notification of both parties desiring a ceremony in a remote place was held to be only a mere
IRREGULARITY
Aranes c. Occiano: marriages solemnized BEFORE the acquisition of a marriage license are INVALID
b. Marriage License
Provisions:
Art. 9, FC: marriage licenses must be obtained in the LOCAL CIVIL REGISTRY where any of the parties live.
Art. 10, FC: however, when abroad, these same duties are provided by the CONSULAR OFFICER.
Art. 11, FC: LICENSE APPLICATION DATA: (1) full name of the contracting party; (2) place of birth; (3) age and
date of birth; (4) civil status; (5) nature of the dissolution of any previous marriages; (6) present residence and
citizenship; (7) degree of relationship of the contracting parties; (8) full name, residence, and citizenship of the
father; (9) and the mother; (10) or of the guardian in case the contracting party has no parents and is under 21
years of age.
Art. 12, FC: BIRTH CERTIFICATE required for the license application. If there is none, a certificate of residence
(cedula) will suffice, or a sworn testimony by parents, relatives, or acquaintances, as regarding the age, gender,
and residence of the contracting party.
Art. 13, FC: presence of PREVIOUS MARRIAGES a birth certificate is NO LONGER REQUIRED; instead, the DEATH
CERTIFICATE of the previous spouse is required, or a JUDICIAL DECLARATION of the dissolution of the previous
marriage.
Art. 14, FC: for parties 18 OR BELOW 21 years of age specific parental CONSENT is required, may be in writing
or in the presence of the solemnizing officer.
Art. 15, FC: for parties 21 OR BELOW 25 years of age parental ADVICE is required, otherwise, there is a delay of
3 MONTHS before the parties can get married.
Art. 16, FC: requirement of MARRIAGE COUNSELLING together with parental consent, otherwise, there is a delay
3 MONTHS before the parties can get married.
Art. 17, FC: posting of names of applicants in a PUBLIC PLACE done for 10 CONSECUTIVE DAYS within which any
interested parties are requested to inform the Registrar of any impediments the applicants may already have
Art, 18, FC: if there are impediments, then the license is STILL ISSUED, unless stopped by a competent court.
Art. 19, FC: FEES are required for the license, except for indigents
Art. 20, FC: EXPIRY of license the marriage must be solemnized within 120 DAYS. Otherwise, both parties must
re-apply.

Art. 21, FC: FOREIGNERS are governed by the LAWS OF THEIR COUNTRY, as certified by their embassy.
STATELESS persons are governed by the FAMILY CODE.
Art. 22, FC: MARRIAGE CERTIFICATE DATA: (1) full name, age, and sex of each contracting party; (2) also their
citizenship, religion, and residence; (3) date and precise time of marriage; (4) presence of valid marriage licenses;
(5) presence of parental consent in the appropriate cases; (6) or parental advice; (7) attachment of any marriage
settlements
Art. 23, FC: DUTIES of the solemnizing officer concerning DOCUMENTS: present the original copy of the
MARRIAGE CERTIFICATE to the parties, submit two copies of it to the Civil Registrar, and keep a fourth copy to
himself. He also keeps the original MARRIAGE LICENSE, and the AFFIDAVIT of the contracting parties to their
desire to be married in a place other than the prescribed places
Art. 24, FC: DUTIES of the Civil Registrar furnishing all the required documents, and recording all pertinent
oaths and affidavits.
Art. 25, FC: the Civil Registrar also records all applications for marriage licenses in a RECORD BOOK
Art. 26, FC: lex loci celebrationis, except Art 35(1), (4), (5,), (6), Art 36,37, 38
Art. 27, FC: marriages of EXCEPTIONAL CHARACTER no longer requires a marriage license: those celebrated at
the POINT OF DEATH.
Art. 28, FC: or those celebrated in REMOTE PLACES.
Art. 29, FC: in both cases above, the solemnizing officer must issue an affidavit stating the exact reasons and
circumstances of the marriage
Art. 30, FC: also in both cases above, the same affidavit and a copy marriage contract must be submitted by the
solemnizing officer to the nearest civil registrar.
Art. 31, FC: marriages at the point of death may be solemnized by a ship captain or airplane chief in his vessel or
in stopovers or ports of call,
Art. 32, FC: or by military commanders in the area of their responsibility.
Art. 33, FC: MUSLIM MARRIAGES also do not require a marriage license, but they must be solemnized IN
ACCORDANCE with their customs
Art. 34, FC: when both parties have lived together as husband and wife for AT LEAST 5 YEARS, provided that
there are no impediments, and they have undergone a marriage ceremony by an authorized solemnizing officer.
The same solemnizing officer must also issue an affidavit stating the absence of any impediments.
PD 965: the additional requirement of FAMILY PLANNING INSTRUCTIONS to marriage licenses
Cases:
Republic v. CA: the issuance of the Civil Registrar of a CERTIFICATE DUE SEARCH AND INABILITY TO FIND the
application of a marriage license means its absence, thus rendering the marriage VOID.
Moreno v. Bernabe: before a marriage can be solemnized, a valid marriage license MUST FIRST BE PRESENTED,
otherwise the marriage is VOID.
People v. Borromeo: if the married couple had lived together as husband and wife after a properly witnessed
ceremony, then there is a PRESUMPTION of the presence of a valid marriage certificate
Sequisabal v. Cabrera: FAILURE of the solemnizing officer to transmit copies of the necessary documents makes
him civilly as well as administratively liable
Alcantara v. Alcantara: mere IRREGULARITIES in the marriage license, such as a typographical error, do not
affect the validity of a marriage
c. Ceremony
Provisions:
Art. 3(3), FC: FORMAL requisites of marriage (3) a marriage ceremony by the solemnizing officer and in the
presence of at least two witnesses.
Art. 6, FC: there is NO PRESCRIBED form or religious rite for marriage ceremonies, although in any case, at least
two witnesses are always required. In marriages at the POINT OF DEATH, where one parties is unable to sign the
marriage contract, it is enough for one of the witnesses to sign for his behalf.
Art. 8 FC: prescribed VENUES of ceremonies in the chambers of the judge, or in open court, in a place of
worship, in the office of the consular officer, or in a remote place or any other place as requested in writing to
the solemnizing officer.
Art. 22, FC: the marriage certificate, in which the parties SHALL DECLARE themselves husband and wife, also
includes other information such as the EXACT DATE AND TIME of the celebration.
Art. 23, FC: attached to the copy of the marriage certificate is the affidavit where the parties have requested a
DIFFERENT VENUE for the celebration, like for those in remote places
Art. 24, FC: affidavits and other documents filed in connection with the marriage certificate are EXEMPT from
documentary stamp tax.
Art. 28, FC: marriages of EXCEPTIONAL CHARACTER no longer requires a marriage license, BUT would still
require a ceremony: those celebrated at the POINT OF DEATH.
Art. 29, FC: or those in REMOTE PLACES.

Cases:
Martinez v. Tan: the couple's written agreement where they declare themselves as husband and wife, signed by
them before a judge and two capable witnesses, even though it was INDEPENDENTLY made by them, still counts
as a valid ceremony.
Madridejo v. de Leon: in marriages at the POINT OF DEATH, it is enough for the solemnizing officer to have
performed the ceremony.
3. Presumption of Marriage
Provisions:
Art. 220, CC: all presumptions are IN FAVOR of the existence of marriage, filiality, etc.
Sec. 3 (aa), Rule 131, ROC: presumption: where man and woman deporting themselves as husband and wife have
entered into a lawful contract of marriage
Cases:
Trinidad v. CA: even with the loss of a marriage certificate, marriage can be proved by the TOTALITY OF OTHER
EVIDENCE, such as family photos, testimonies, etc.
Vda. De Jacob v. CA: in marriages of exceptional character, the existence of the marriage is presumed, even in the
TOTAL ABSENCE of a marriage license
Sevilla v. Cardenas: if a marriage certificate is missing, and all means HAVE NOT YET BEEN EXHAUSTED to find it,
then the marriage is presumed to exist.
V. VOID AND VOIDABLE MARRIAGES

Nature
Susceptibility of
Convalidation
Effect on
Property
Children
How Marriage
may be
impugned

Void and Voidable Marriages Differentiated

VOID
VOIDABLE
Inexistent from the time of celebration
Valid until annulled by a competent court
Cannot be convalidated
Can be convalidated either by free cohabitation or
prescription
Co-ownership under Art. 147
ACP exists unless other system is agreed upon in
marriage settlements
Illegitimate under Art. 165
Legitimate if conceived before decree of annulment
May be attacked directly or collaterally, but for purpose
Can only be attacked directly, there must be a decree
of remarriage, there must be a judicial declaration of
of annulment
nullity under Art. 40
Can still be impugned after the death of parties
Can no longer be impugned after the death of one or
more parties

A. Void Marriages
1. Grounds:
Provisions:
Art. 4, FC: the TOTAL LACK or ABSENCE of ANY of the requisites of marriage renders it VOID.
Art. 35, FC: the ff. marriages are VOID AB INITIO: (1) those contracted by any party BELOW 18 years of age; (2) those
solemnized by an UNAUTHORIZED solemnizing officer; (3) those solemnized WITHOUT a valid marriage license; (4) those
bigamous or polygamous marriages, unless one of the spouses is an absentee; (5) those contracted through the MISTAKE
OF THE IDENTITY of the other; (6) those subsequent marriages without first obtaining a JUDICIAL DECLARATION
Art. 36, FC: psychological incapacity to comply with essential marital obligations of marriage nullifies the marriage
Art. 37, FC: marriages between ascendants or descendants, or between siblings or halfsiblings are incestuous and VOID
Art. 38, FC: public policy marriages between collateral relatives within the 4th civil degree, step-parents and stepchildren, a parent-in-law and a child-in-law, adopter and adopted, adopted children of the same adopter, and where one
party killed own spouse or the spouse of the other party with whom he or she wishes to marry, are VOID AB INITIO.
Art. 39, FC: the action or defense for declaration of nullity DOES NOT PRESCRIBE
Art. 40, FC: for purposes of REMARRIAGE, the nullity of a previous marriage may be invoked SOLELY by a judicial
declaration
Art. 41, FC: BIGAMOUS marriages are VOID, unless the previous spouse has been absent for 4 YEARS, or in the case of
dangerous circumstances, 2 YEARS, provided there is a well-founded belief of the death of the absent spouse. If the
present spouse wishes to remarry, he or she must initiate a summary proceeding for a DECLARATION OF PRESUMPTIVE
DEATH of the absent spouse.
Art. 44, FC: If both spouses acted in BAD FAITH, then their marriage will be deemed VOID AB INITIO.
Art. 390, CC: PRESUMPTION OF DEATH of an absentee 7 YEARS for all purposes except succession, which requires 10
YEARS of absence. If the absentee is over 75 years of age, then 5 YEARS of absence is sufficient for all purposes
Art. 391, CC: FOUR-YEAR RULES: the absentee is presumed dead if: (1) in a shipwreck or a plane crash; (2) in the armed
forces during times of war; (3) in danger of death under other circumstances and not seen since.

Cases:
People v. Mendoza: void ab initio marriages are treated as if they were never celebrated in the first place, although
BEFORE the Family Code, a judicial declaration of nullity is NOT REQUIRED
Tolentino v. Paras: void ab initio marriages do not confer any successional rights, thus the wife from the void marriage
cannot declare herself as the deceased husband's surviving spouse
Wiegel v. Sempio-Diy: establishes the present doctrine of requiring a JUDICIAL DECLARATION OF NULLITY under Art. 40,
of the previous marriage in order to contract a subsequent one.
Terre v. Terre: INCESTUOUS marriages, even though void ab initio, still require a judicial declaration of nullity before one
can marry again from the incestuous marriage
Atienza v. Brillantes: even if the first marriage was contracted before the Family Code, remarriages AFTER the Family
Code are covered by Art. 40.
Borja-Manzano v. Sanchez: legal separation DOES NOT DISSOLVE marital bonds, and any subsequent marriages
contracted are bigamous and thus VOID.
Apiag v. Cantero : remarriages BEFORE the Family Code are not covered by Art. 40.
b. Psychological Incapacity
Art. 36, FC: PSYCHOLOGICAL INCAPACITY of one of the parties at the time of the marriage, even if the incapacity
manifests itself during the marriage, renders the marriage VOID.
Cases:
Santos v. Bedia-Santos: first guidelines for the application of Art. 36, as laid down by Canon Law: that for psychological
incapacity to be grounds for the annulment of a marriage, it should be accompanied by GRAVITY, JURISPRUDENCE, and
INCURABILITY. The wife's unwillingness to return to the conjugal home does not satisfy these requirements.
Republic v. CA and Molina: for Art. 36 to apply, aside from the previous criteria of gravity, jurisprudence, and incurability,
these additional criteria must also be followed: (1) the BURDEN OF PROOF lies on the party alleging the psychological
incapacity of the other; (2) the root cause of the psychological incapacity must be CLINICALLY PROVEN by certified
medical experts; (3) the psychological incapacity must be proven EXISTING AT THE TIME when the marriage was
contracted; (4) the psychological incapacity must be shown to be clinically incurable, permanent, or otherwise BEYOND
THE MEANS of the spouses to cure; (5) the psychological incapacity must be grave enough to IMPAIR the fulfillment of
marital obligations; (6) these OBLIGATIONS must be those enumerated by Arts. 68-71 of the Family Code; (7) RULINGS of
the Canon courts must be given great respect; (8) the Office of the Solicitor General must participate to defend State
interests to protect the institution of marriage and to prevent COLLUSION between the spouses.
Tsoi v. CA: husband's unexplained REFUSAL TO HAVE SEX with the wife for more than 10 years under otherwise normal
circumstances constitutes impairment of marital obligations of cohabitation, thus fulfilling Molina guideline (5).
Choa v. Choa: mere PERSONALITY CLASHES not grave enough to impair marital obligations under Molina guideline (5) are
not covered by Art. 36.
Antonio v. Reyes: the marriage was void under Art. 36, and followed each of the guidelines set by the Molina case,
except that the psychiatric experts made no assurances about INCURABILITY as required by guideline (4), therefore it is
also NO LONGER REQUIRED.
Dimayuga-Laurena v. CA: Findings must show that personality disorder was grave, of juridical precedent and incurable
Te v. Te: Since the courts are to decide on a case-to-case basis, it must not confine itself to the Molina Guidelines alone.
Ting v. Velez-Ting: It wasnt shown that the psychological defect was conclusively ruled or that it was incurable. There
was doubt as to psychological incapacity thus, the case will be resolved in favor of the validity of the marriage.
Suazo v. Suazo: Jurisprudence holds that expert opinion through examination is not a mandatory requirement since it
may be impractical in some cases.
2. Period to file action or raise defense
Provisions:
Art. 39, FC: the action or defense for declaration of nullity DOES NOT PRESCRIBE.
RA 8533: removes the TRANSITORY 10-year prescriptive period left over from the Civil Code before the enactment of the
Family Code.
Cases:
Ablaza v. Republic: validity of a marriage is tested according to the law in force at the time the marriage was contracted.
The nature of the marriage already celebrated cannot be changed by a subsequent amendment of the governing law;
Sec. 2 of the Administrative Matter on the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of
Voidable Marriages provides the limitation that a petition for declaration of nullity may be filed solely by the husband or
wife but this extends only to marriages covered by the Family Code
3. Effects of Nullity
Provisions:
Art. 43, FC: EFFECTS of nullity (1) children born before the termination of the subsequent marriage shall be considered
LEGITIMATE; (2) the ACP or CPG is LIQUIDATED, PARTITIONED, and DELIVERED to each of the spouses in equitable shares,
bad faith spouses will get NO SHARE, except those earned through his or her own industry and hard work; (3)

DONATIONS will still remain valid, except those made to the bad faith spouse, where they can be revoked; (4) the bad
faith spouse is removed from the innocent spouse's INSURANCE POLICY; (5) the bad faith spouse is also disqualified from
INHERITING from the innocent spouse through testate or intestate succession.
Art. 44, FC: If both spouses acted in BAD FAITH, then their marriage will be deemed VOID AB INITIO.
Art. 50, FC: aside from liquidation, partition, and delivery of the marital properties, the declaration of nullity also provides
for the CUSTODY of common children and the delivery of their legitimes. All CREDITORS of the spouses are also notified
of the separation of their property.
Art. 51, FC: in the partition, the LEGITIMES of the children shall be delivered in cash, properties or sound securities, unless
it is provided in a judicially approved mutual agreement. This does not prejudice their successional rights, and this may be
requested by the children's guardian or the administrator of the conjugal properties.
Art. 52, FC: the partitioning of the conjugal properties is REGISTERED in the appropriate Civil Registry or Property
Registry, otherwise the partition will not apply to third persons
Art. 53, FC: either of the former spouses may REMARRY, after complying with the requirements above. Otherwise, the
subsequent marriage will be void.
Art. 54, FC: children born before an annulment under Art. 36 are LEGITIMATE.
Cases:
Ninal v. Badayog: void ab initio marriages DO NOT CONFER any successional rights. For 5-year cohabitation to count as a
condition for marriage of exceptional character, both parties must have no legal impediments to marry each other
Domingo v. CA: there exists NO ABSOLUTE COMMUNITY OF PROPERTY in void ab initio marriages. Judicial declaration of
nullity as provided by Art. 40 may be required for purposes OTHER THAN remarriage.
De Castro v. Assidao-De Castro: common children born before the annulment are LEGITIMATE, and therefore entitled to
support from each of the spouses.
B. Voidable Marriages
1. Grounds for Annulment
Grounds for
Annulment
Lack of Parental
Consent

Insanity of one party

Fraud

Who can file

Prescriptive Period

Party under 21

Within 5 years after

attaining 21
Before party reaches
21
Before the death of
the insane party
Before the death of
either party
Before death of sane
party
Within 5 years after
discovery of fraud

Parent of party
under 21
Sane party
Guardian of the
insane party
Insane party during
lucid interval
Injured party

Who ratifies

How Ratified

Party under 21

Free cohabitation
after reaching 21

Insane Party

Injured Party
Force, Intimidation,
or Undue Influence

Injured party

Within 5 years after

threat has passed

Impotence of one
party
Serious STD of one
party

Potent party

Within 5 years after

marriage

Free cohabitation
after insane regains
sanity or during lucid
interval
Free cohabitation
after knowledge of
fraud
Free cohabitation
after threat has
passed

Cannot be ratified

Healthy party

Provisions:
Art. 45, FC: grounds for the VOIDABILITY of marriages: (1) either party was BELOW 21 YEARS of age and has not
obtained PARENTAL CONSENT at the time of the marriage, unless freely cohabiting until reaching 21 years of age; (2)
either party was INSANE at the time of the marriage, unless freely cohabiting after coming to reason; (3) a marriage
obtained through FRAUD, unless the defrauded party continues to cohabit with the other after learning of the fraud; (4)
a marriage obtained through FORCE, INTIMIDATION or UNDUE INFLUENCE, unless the injured party continues to cohabit
after the threat has passed; (5) IMPOTENCY of one of the parties; (6) the presence of a SERIOUS or INCURABLE sexuallytransmitted disease in one of the parties
Art. 46, FC: the ff. constitutes FRAUD as grounds for annulment: (1) concealment of CONVICTION of a crime involving
moral turpitude; (2) concealment of PREGNANCY from a man other than the husband; (3) concealment of an STD
existing at the time of the contraction; (4) concealment of HOMOSEXUALITY, DRUG ADDICTION, or ALCOHOLISM
existing at the time of the contraction. NO OTHER misrepresentation as to chastity, rank, wealth, etc. will be allowed

10

Art. 47, FC: ACTION for annulment may be instituted by: (1) the party WHO DID NOT OBTAIN PARENTAL CONSENT,
within 5 years; or by his or her PARENTS OR GUARDIAN, before he or she reaches 21 years of age; (2) the SANE SPOUSE
who must have had no knowledge of the insanity before the marriage, or by the INSANE SPOUSE during a lucid interval;
(3) by the DEFRAUDED PARTY within 5 years of learning of the fraud; (4) by the THREATENED PARTY within 5 years after
the threat has passed; (5) by the POTENT or HEALTHY party within 5 years after the marriage.
Art. 48, FC: OSG must take steps to PREVENT COLLUSION between parties seeking annulment.
Art. 344, RPC: Prosecution of the crimes of adultery, concubinage, and other sexual crimes the crimes of adultery and
concubinage shall not be prosecuted except upon a complaint filed by the OFFENDED SPOUSE.
Sec. 11, PD 612: the insured shall have the right to change the beneficiary he designated in the policy, unless he has
expressly waived this right in said policy
Cases:
Moe v. Dinkins: the denial of marriage to minors without first obtaining parental consent is justified by the State's
interest to protect: (1) children's peculiar VULNERABLITY; (2) their INABILITY to make decisions in a mature and
informed manner; and (3) to uphold the ROLE OF PARENTS in child-rearing
Katipunan v. Tenorio: insanity appearing only AFTER the contraction of marriage is not a ground for annulment
Suntay v. Cojuangco-Suntay: insanity that developed years BEFORE and still existing at the contraction of a marriage is a
valid ground for annulment.
Buccat v. Buccat: 7 MONTHS PREGNANCY cant possibly concealed, cannot constitute fraud as a ground for annulment
Aquino v. Delizo: 4 MONTHS PREGNANCY however, can be concealed, constituting fraud as a ground for annulment.
Anaya v. Palaoran: non-disclosure of previous EXTRA-MARITAL RELATIONSHIPS cannot constitute fraud
Ruiz v. Atienza: for force or intimidation to be considered as a ground for annulment, it must be proven to be
SUFFICIENTLY GRAVE as to leave the injured party with no other alternatives.
Jimenez v. Republic: in the absence of proof, or in the unwillingness of one of the parties to be medically examined, the
presumption is in favor of POTENCY.
Sarao v. Guevara: IMPOTENCY is defined as the INABILITY TO COPULATE as opposed to the inability to procreate.
2. Marriage When One Spouse is Absent
Comparison of old and new rules on marriage when one spouse is absent
Rules
Civil Code
Family Code
Waiting Period
7 years
4 years
4 years if extraordinary circumstance
2 years if extraordinary circumstance
Effect of Good Faith
Can shorten the waiting period
No bearing on the waiting period
Cause
Absent spouse is generally reputed to
Present spouse has well-founded belief
be dead
of the absent spouses death
Judicial Decree
Judicial decree of absence not required
Judicial decree of absence required
Appearance of Absent Spouse
Only actual reappearance of absent
Recording of reappearance in local civil
spouse is required
registrar by any person
Action for annulment
Only by the absent spouse and both of
By the absent spouse and any interested
the subsequent spouses
person
Termination
Court proceeding
Automatically terminated upon
recording
Provisions:
Art. 41, FC: BIGAMOUS marriages are VOID, unless the previous spouse has been absent for 4 YEARS, or in the case of
dangerous circumstances, 2 YEARS, provided there is a well-founded belief of the death of the absent spouse. If the
present spouse wishes to remarry, he or she must initiate a summary proceeding for a DECLARATION OF PRESUMPTIVE
DEATH of the absent spouse.
Art. 42 (1), FC: (1) subsequent marriages contracted in Art. 41 is TERMINATED by the recording of an affidavit of
reappearance of the absent spouse; (2) the affidavit may be recorded by the returning spouse, or any interested person;
(3) due notice of the recording must be sent to the subsequent spouses; (4) the fact of reappearance may be referred to
the courts if it is disputed; (5) the automatic termination will not apply if the previous marriage has been declared void.
Art. 43, FC: EFFECTS of nullity (1) children born before the termination of the subsequent marriage shall be considered
LEGITIMATE; (2) the ACP or CPG is LIQUIDATED, PARTITIONED, and DELIVERED to each of the spouses in equitable
shares, bad faith spouses will get NO SHARE, except those earned through his or her own industry and hard work; (3)
DONATIONS will still remain valid, except those made to the bad faith spouse, where they can be revoked; (4) the bad
faith spouse is removed from the innocent spouse's INSURANCE POLICY; (5) the bad faith spouse is also disqualified
from INHERITING from the innocent spouse through testate or intestate succession.
Art. 44, FC: If both spouses acted in BAD FAITH, then their marriage will be deemed VOID AB INITIO
Art. 349, RPC Bigamy is committed by any person who contracts a subsequent marriage before the dissolution of the
prior subsisting marriage. Punishable by prision mayor.

11

Cases:
Jones v. Hortiguela: the duration of the absence of the spouse is computed from the time he or she was LAST SEEN or
HEARD OF, and not from the time the judicial declaration of presumptive death was issued.
SSS v. De Bailon: Only the competent court can nullify the second marriage on the reappearance of the presumptively
dead spouse; important to note that this case falls under the Civil Code. The family code on the other hand does not
need judicial proceedings to annul the subsequent marriage
Valdez v. Republic: no decree on the presumption of death is necessary because Civil Code governs the case and not
Family Code where at least 7 consecutive years of absence is only needed.
3. Effects of Pending Action/Decree
Provisions:
Art. 49, FC: while the action for annulment is pending, and there is NO WRITTEN AGREEMENT between the spouses, the
court shall provide for the moral and material welfare of their common children. The choice of the children as to which
parent to stay with shall be given consideration
Art. 50, FC: aside from liquidation, partition, and delivery of the marital properties, the declaration of nullity also
provides for the CUSTODY of common children and the delivery of their legitimes. All CREDITORS of the spouses are also
notified of the separation of their property.
Art. 51, FC: in the partition, the LEGITIMES of the children shall be delivered in cash, properties or sound securities,
unless it is provided in a judicially approved mutual agreement. This does not prejudice their successional rights, and
this may be requested by the children's guardian or the administrator of the conjugal properties.
Art. 52, FC: the partitioning of the conjugal properties is REGISTERED in the appropriate Civil Registry or Property
Registry, otherwise the partition will not apply to third persons.
Art. 53, FC: either of the former spouses may REMARRY, after complying with the requirements above. Otherwise, the
subsequent marriage will be void.
Art. 54, FC: children born before an annulment under Art. 53 are LEGITIMATE
Art. 369, CC: children conceived before the decree of annulment shall principally use the SURNAME OF THE FATHER.
Art. 371, CC: in the case of annulment of marriage, and the wife is the GUILTY party, she SHALL resume her maiden
name and surname. If she is the INNOCENT party, she MAY resume her maiden name and surname. She may choose to
continue using her husband's name unless: (1) the court declares otherwise; (2) she or the former husband remarries.
Case:
Yu v. Yu: Articles 49 and 50 of the Family Code provides that the issue on the custody of the spouses common children
is deemed pleaded in the declaration of nullity case; it is the court who shall determine the custody of the common
children in the case for declaration of nullity.
4. Jurisdiction
Tamano v. Ortiz: both civil and Muslim marriages can be tried at a Regional Trial Court. Civil marriages are covered by
the Family Code regardless of the contracting parties' religions
VI. LEGAL SEPARATION
A. Grounds
Provisions:
Art. 55, FC: GROUNDS for legal separation: (1) repeated VIOLENCE or ABUSE to a spouse or their common children; (2)
the use of force or coercion in order to change the RELIGIOUS or POLITICAL affiliation of a spouse or common children;
(3) an attempt to induce the wife or children to PROSTITUTION; (4) IMPRISONMENT for more than 6 years; (5) habitual
ALCOHOLISM or DRUG ADDICTION; (6) HOMOSEXUALITY; (7) the contracting of a BIGAMOUS marriage; (8) sexual
INFIDELITY or PERVERSION; (9) an ATTEMPT ON THE LIFE of the spouse by the other; (10) ABANDONMENT without cause
for more than a year.
Art. 97, CC: GROUNDS for legal separation: (1) adultery on the part of the wife, or concubinage on the part of the
husband, as defined in the Revised Penal Code; (2) an attempt by one spouse on the life of the other.
Cases:
People v. Zapata and Bondoc: each act of infidelity by the wife counts as a SEPARATE OFFENSE of adultery, as defined by
the Revised Penal Code
Munoz v. Del Barrio: physical violence is not a ground for legal separation BEFORE the enactment of the Family Code
Gandionco v. Penaranda: conviction for concubinage is NOT NECESSARY for the filing of the petition for legal separation.
Lapuz v. Eufemio: death of the petitioner TERMINATES the proceedings for legal separation
Dela Cruz v. Dela Cruz: ABANDONMENT is defined as the LACK OF INTENTION to return to the conjugal home, without
justifiable cause.
Ong Eng Kiam v. Ong: REPEATED PHYSICAL VIOLENCE as well as verbal abuse are valid grounds for legal separation under
the Family Code.

12

B. Defenses
Provision:
Art. 56, FC: DEFENSES against legal separation: (1) CONDONEMENT of the act complained of, after its commission; (2)
CONSENT prior to the act complained of; (3) CONNIVANCE in the commission of the act; (5) COLLUSION in trying to obtain
a decree; (4) RECRIMINATION of the innocent spouse; (6) PRESCRIPTION.
Cases:
People v. Sansano: telling the guilty spouse "You can see whoever you want," amounts to the CONDONEMENT of the act.
Ocampo v. Florenciano: admission of the guilty spouse of their acts, by itself, does not amount to COLLUSION
Sargent v. Sargent: active participation of husband in trying to induce wife to commit adultery constitutes CONNIVANCE.
Brown v. Yambao: inaction of the wife despite the petitioner husband's infidelity constitutes COLLUSION
Willan v. Willan: lack of resistance by husband from wife's physical abuse and forcible sex constitutes CONDONEMENT.
Bugayong v. Ginez: sex by the couple after the husband's knowledge of the wife's infidelity constitutes CONDONEMENT
Matubis v. Praxedes: written agreement signed by the couple before a de facto separation attesting to their noninterference in each other's affairs counts as CONSENT to each other's extra-marital affairs.
C. When to File/Try Actions
Provisions:
Art. 57, FC: the action for legal separation PRESCRIBES within 5 YEARS of the occurrence of the ground.
Art. 58, FC: 6-MONTH "COOL-OFF" period from filing the petition of legal separation to the actual start of the proceedings
Art. 59, FC: no decree of legal separation shall be issued unless the court has taken steps to RECONCILE the spouses,
despite its impossibility
Art. 60, FC: legal separation cannot be granted on STIPULATION OF FACTS or CONFESSION OF JUDGMENT. OSG must take
steps to ensure that COLLUSION between the spouses does not take place
Cases:
Contreras v. Macaraig: prescriptive period for filing action of legal separation is computed from the time of the
DEFINITIVE cognizance of the other party's guilty act
Somosa-Ramos v. Vamenta Jr. : the six-month cool-off period DOES NOT BAR legal actions outside of legal separation
D. Effects of Filing of Petition
Provisions:
Art. 61, FC: effects of FILING OF PETITION husband and wife are entitled to live separately from each other, and in the
absence of a prior agreement, the court appoints either of the spouses or a third party to be the administrator of the
marital properties
Art. 62, FC: Art. 49 will apply concerning the SUPPORT and CUSTODY of children during the pendency of the action.
Cases:
De La Vina v. Villareal: spouses entitled to his or her own DOMICILE separate from each other during the pendency
Reyes v. Ines-Luciano: unemployed spouse is entitled to an alimony during the pendency of the action, regardless of
allegations of bad faith
E. Effects of Decree
Provisions:
Art. 63, FC: EFFECTS of LEGAL SEPARATION: (1) husband and wife are entitled to live apart from each other, although
marital bonds still SUBSIST; (2) ACP or CPG is DISSOLVED and LIQUIDATED, and the offending spouse is not entitled to his
or her share in the net profits of the properties; (3) CUSTODY of minor children passes to the innocent spouse, subject to
Art. 213 of the Family Code; (4) the offending spouse CANNOT INHERIT from the innocent spouse from intestate
succession, and any wills created before the decree are revoked by operation of the law.
Art. 64, FC: DONATIONS to the offending spouse may be revoked within 5 years of the decree, and INSURANCE POLICIES
where the offending spouse is listed as a beneficiary may be revoked even if the policy is stipulated as irrevocable.
Case:
Banez v. Banez : partitioning of the marital properties and custody of the common children are INCIDENTS of
the decree of legal separation and MULTIPLE APPEALS assailing each of the decisions is not allowed
1. Dissolution an Liquidation of ACP or CPG
Case:
La Rue v. La Rue: theory of equitable distribution homemaker services are valid contributions to the
conjugal properties, subject to the following conditions: (1) that it is NOT LIMITED to the possessory
interest of a real estate; (2) that it depends on the QUALITY of the services rendered, whether the wife
has been frugal or excessive in her expenses; (3) the age and health of the wife, as well as the LENGTH
of the marriage.

13

2. Custody
Art. 213, FC: PARENTAL AUTHORITY is exercised by the spouse designated by the court; children OVER 7 YEARS of
age choose which parent to stay with, unless the court finds that parent unfit; and no child BELOW 7 YEARS of age
will be separated from the mother, unless the court finds compelling reasons to decide otherwise.
3. Other Effects
Art 372, CC: when legal separation has been granted, the wife SHALL continue using her name and surname
employed BEFORE the legal separation
Cases:
Matute v. Macadaeg: children's choice of parent is overruled because the parent is UNABLE TO SUPPORT HERSELF.
Laperal v. Republic: legal separation does not dissolve marital bonds, thus the wife must still use her MARRIED
NAME and surname.
F. Reconciliation
How Done
Art. 65, FC: reconciliation is effected by a JOINT MANIFESTATION filed in the same court where the decree of legal
separation was issued or is still pending.
Effects
Art, 66, FC: EFFECTS of reconciliation: (1) terminates the proceedings of legal separation, if unfinished, or sets aside the
decree of legal separation, if issued; (2) separation of properties as set by the decree of legal separation still subsists, as
well as any forfeiture of donations, unless both parties agree to return to the previous regime of separation of properties
Art. 67, FC: PREVIOUS property regime shall be executed under oath, and shall specify: (1) the NEW CONTRIBUTIONS to
the restored regime; (2) those RETAINED as separate properties; (3) the names of all their known CREDITORS and the
respective amounts due them.
VII. DIVORCE
A. Foreign Divorces
Provisions:
Art. 15, CC: NATIONALITY THEORY of applicability of laws laws relating to FAMILY RIGHTS AND DUTIES, or to STATUS,
CONDITION and LEGAL CAPACITY of persons binding upon all citizens of the Philippines, EVEN THOUGH LIVING ABROAD
Art. 26, FC: LEX LOCI CELEBRATIONIS all marriages celebrated outside of the Philippines in accordance with the laws in
force in the country where they are solemnized and valid there, as such SHALL ALSO BE VALID in this country, except
those marriages under Arts. 35(1), (4), (5), (6), 36, 37, and 38.
Cases:
Van Dorn v. Romillo, Jr: in marriages between a Filipino and an American, American divorces dissolving those marriages
are valid with respect to American citizens, and although the case was decided before the Family Code, the court decreed
its validity ALSO with respect to the Filipino, to prevent an UNJUST situation of one spouse being able to remarry while
the other cannot.
Quita v. Dandan: a Filipino expatriate, upon obtaining a foreign citizenship AT THE TIME OF THE FOREIGN DIVORCE, is no
longer bound by the laws of the Philippines, thus making the divorce VALID, provided that the divorce is also valid where
they obtained it.
Llorente v. CA: Filipinos acquiring foreign citizenship through naturalization can obtain a valid foreign divorce.
Garcia v, Recio: the nature of foreign laws and decrees MUST FIRST BE PROVEN, for instance, whether a foreign divorce is
limited or absolute, before they can be declared valid in this jurisdiction
Republic v. Orbecido: Art 26(2) should be interpreted to include cases involving parties who, at the time of celebration,
were Filipinos, but later on, one of them becomes naturalized as a foreign citizen and obtains decree of divorce;
reckoning point in Art 26 is not the citizenship of the parties at the time of the marriage celebration but their citizenship
at the time a valid divorce decree is obtained abroad
Corpuz v. Sto Tomas: Alien spouse can claim no right under Art 26(2) of FC as the substantive right it establishes is in
favor of the Filipino spouse; Foreign divorce decree is presumptive evidence of a right that clothes the party with legal
interest to petition for its recognition in this jurisdiction
B. Muslim Divorces
Code of Muslim Personal Laws: divorce is the DISSOLUTION OF THE MARRIAGE BOND in accordance with this Code, to be
granted only after exhaustion of all possible means of reconciliation between the spouses.
Kinds of Muslim Divorces:
1. Talaq repudiation by the husband
2. Ila husband takes a vow of chastity
3. Zihar husband assimilates wife to any of his relatives
4. Lian wife is accused of adultery
5. Khul wife renounces or returns her dower

14

6. Tafwid repudiation by the wife

7. Faksh - divorce on various grounds
Case:
Yasin v. Sharia District Court: divorce HAS THE EFFECT OF DISSOLVING MARITAL BONDS, and consequently, a wife can
use her maiden name and surname without any special proceeding from the court.
VIII. DE FACTO SEPARATION
Provisions:
Art. 100, FC: separation in fact WILL NOT AFFECT the ACP, except that: (1) the spouse who abandons does NOT have the right
to be supported; (2) when the consent of the other spouse is required for transactions, judicial AUTHORIZATION must be
obtained; (3) if the ACP is INSUFFICIENT, the separate properties of the spouses will be used for support, and the present
spouse will administer those separate properties upon judicial declaration.
Art. 127, FC: separation in fact WILL NOT AFFECT the CPG, except that: (1) the spouse who abandons does NOT have the right
to be supported; (2) when the consent of the other spouse is required for transactions, judicial AUTHORIZATION must be
obtained; (3) if the CPG is INSUFFICIENT, the separate properties of the spouses will be used for support, and the present
spouse will administer those separate properties upon judicial declaration
Art. 239, FC: judicial authorization for consent to transactions a verified PETITION must first be filed alleging the foregoing
facts. Attached with the petition is a PROPOSED DEED embodying the transaction, otherwise, a statement of reasons and the
details of the transaction will suffice.
Art. 242, FC: upon filing of the petition, the other spouse will be notified TO SHOW CAUSE why petition should not be granted,
and to set a venue for the parties' INITIAL CONFERENCE. This notice is accomplished by a copy of the petition, and to be sent
at the last known address of the other spouse.
Art. 246, FC: if there is no agreement at the initial conference, then the petition will be decided at a SUMMARY HEARING on
the basis of affidavits, testimonies, and other pertinent evidence in favor or against the proposed deed
Art. 247, FC: judgment of the court shall be immediately executory and final.
Cases:
Perez v. CA: de facto separation does not provide for the CUSTODY of common children
Estrada v. Escritor: despite the presence of a Jehovah Witness "pledge of faithfulness" amounting to marriage, each of the
spouses are PRESUMED to be separated in fact without a decree of legal separation stating otherwise
IX. RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
A. Cohabitation, Mutual Love, and Respect
Provisions:
Art. 247, RPC: DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES any married person, who
having surprised his spouse in the act of sexual intercourse with another person not her spouse, shall kill any or both of
them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of
destierro. If inflicted lesser physical injuries instead, then he shall be exempt from criminal liability. This article shall also
apply to daughters with respect to their fathers, provided that he himself has not induced the daughter into prostitution
Art. 68, FC: OBLIGATIONS BETWEEN SPOUSES (1) COHABITATION; (2) mutual LOVE, respect, and fidelity; (3) mutual HELP
and support
Art. 34, CC: failure of a police or peace officer in protecting a citizen from danger makes him or her CIVILLY AND
ADMINISTRATIVELY LIABLE. Municipalities or departments in charge shall also be subsidiarily liable
Sec. 2, RA 8353, ANTI-RAPE LAW: rape committed by (1) man who shall have carnal knowledge of woman using force,
other party deprived of reason, fraudulent machinations, offended party under 12 and (2) by any person committing act of
sexual assault by inserting penis to anothers mouth or anal or any instrument or object into genitals or anus of another
Sec. 2, RA 9262 ANTI-VAWC ACT: declaration of policy to address violence against women and children
Sec. 3, RA 9262 ANTI-VAWC ACT: violence as an act or series of acts; by any person against a woman (wife, former wife,
girl in dating, woman with common child) or against her child; which result in or is likely to result in physical and
psychological harm
Sec. 4, RA 9262 ANTI-VAWC ACT: liberal construction of act to promote protection and safety of victims
Sec. 5, RA 9262 ANTI-VAWC ACT: acts of violence: (1) causing physical harm, (2) threatening to cause, (3) attempting to
cause, (4) placing them in fear of imminent physical harm, (5) threats and deprivation, (6) inflicting or threatening to inflict
physical harm on oneself to control other, (7) causing or attempting to cause them to engage in sexual act; (8) reckless
conduct that causes substantial distress, (9) causing mental/emotional anguish
Sec. 6, RA 9262 ANTI-VAWC ACT: penalties
Sec. 8, RA 9262 ANTI-VAWC ACT: protection orders issued for the purpose of preventing further violence and granting
other necessary relief
Sec. 21, RA 9262 ANTI-VAWC ACT: violation of protection order results to contempt of court
Sec. 26, RA 9262 ANTI-VAWC ACT: BATTERED WOMAN SYNDROME AS A DEFENSE victim-survivors who are found by the
courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the
absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.

15

Sec. 28, RA 9262 ANTI-VAWC ACT: custody of children: woman victim; victim with battered woman syndrome not
disqualified from having custody of her children
Sec. 35, RA 9262 ANTI-VAWC ACT: rights of children
Sec. 19, RA 9710 MAGNA CARTA OF WOMEN: equal rights in all matters relating to marriage and family relations
Cases:
Narag v. Narag: obligation to cohabit is NOT PUNISHABLE, but failure to do so constitutes immorality
Goitia v. Campos Rueda: the spouse who has justifiably abandoned the conjugal home is still obliged to be supported by
the remaining spouse
Warren v. State: marital rape is a violation of the wife's INDIVIDUAL DIGNITY and cannot be justified based on the status of
marriage.
Thurman v. City of Torrington: POLICE PROTECTION is a right afforded to all persons under the Equal Protection Clause
People v. Liberta: statutes with MARITAL EXEMPTIONS are irrationally underinclusive as there is no fundamental
difference between married and unmarried victims of rape.
B. Fixing the Family Domicile
Provision:
Art. 69, FC: BOTH SPOUSES FIX THE FAMILY DOMICILE. In case of disagreement, the court will decide. Except: (1) if one
spouse is living abroad; (2) for other valid and compelling reasons
Cases:
Tenchavez v. Escano: a spouse's refusal to stay with the other does not give rise to moral damages.
Cohabitation/consortium should be from the SPONTANEOUS ACT of the spouses, and not from compulsion.
Dadivas de Villanueva v. Villanueva: if the wife leaves the domicile through the INFIDELITY of the husband, then she is
still entitled to support from the latter.
Garcia v. Santiago: same as the above, except if the cause is THREATS from the husband.
Atilano v. Chua Ching Beng: if the cause of abandonment is mere FAMILY MISUNDERSTANDING, then the wife forfeits the
right to be supported.
Del Rosario v. Del Rosario: FAMILY MISUNDERSTANDING is held to be a valid cause, as long as it is attributable to one
spouse, and not just from other relatives.
C. Mutual Help and Support
Provisions:
Art. 68, FC: OBLIGATIONS BETWEEN SPOUSES (1) COHABITATION; (2) mutual LOVE, respect, and fidelity; (3) mutual HELP
and support.
Art. 70, FC: both spouses JOINTLY SUPPORTS the family from: (1) ACP/CPG; (2) the fruits of their separate properties; (3)
their separate properties
Art. 111, CC: the HUSBAND is responsible for the support of the wife and the rest of the family, from: (1) CPG; (2)
husband's capital; (3) wife's paraphernal property. [2] In case of separation of property, both spouses are to contribute
proportionally
Art. 199, CC: MULTIPLE PROVIDERS OF SUPPORT ORDER OF PRIORITY (1) spouse; (2) descendants in the nearest degree;
(3) ascendants in the nearest degree; (4) siblings
Art. 200, CC: MULTIPLE RECEPIENTS OF SUPPORT ORDER OF PRIORITY (1) children, or spouse in the absence of children;
(2) other descendants; (3) ascendants in the nearest degree; (4) siblings
Cases:
McGuire v. McGuire: husband is the sole authority in matters concerning support and family maintenance.
Pelayo v. Lauron: husband has priority over ascendants for the wife's medical expenses during childbirth
D. Management of the Household
Provisions:
Art. 71, FC: BOTH SPOUSES have the right and duty to the management of the household
Art. 115, CC: WIFE manages the affairs of the household. The purchase of jewelry and other precious objects is voidable,
unless approved by the husband, or paid from the wife's paraphernal properties
Case:
Young v. Hector: both or either spouse may manage the affairs of the household, but it should be out of MUTUAL
AGREEMENT rather than unilateral action by one spouse whenever it is convenient for him or her.
E. Exercise of Profession
Provisions:
Art. 73, FC: either spouse may exercise ANY PROFESSION without the need of consent from the other. [1] If one spouse
objects, the objection must be based on valid, serious, and moral grounds. [2] In case of disagreement, the court can only
decide whether or not: (1) the objection is proper; (2) the benefit prior to the objection shall be charged to the ACP/CPG,
and benefit after the objection shall be charged to exclusive properties.

16

Art. 117, CC: the wife may exercise any profession or occupation, or engage in business. However, the HUSBAND MAY
OBJECT, provided: (1) his income is sufficient for the family according to its social standing; (2) his opposition is founded on
serious and valid grounds. [2] In case of disagreement, the family council will be consulted.
RA 7192, WOMEN IN DEVELOPMENT AND NATION-BUILDING ACT: EQUALITY IN CAPACITY TO ACT women of legal age,
regardless of civil status, shall have the capacity to act and enter into contracts which shall in every respect be equal to
that of men under similar circumstances. [2] In all contractual situations where married men have the capacity to act,
married women shall have equal rights. To this end: (1) women shall have the capacity to borrow and obtain loans and
execute security and credit arrangement under the same conditions as men; (2) women shall have equal access to all
government and private sector programs granting agricultural credit, loans and non-material resources and shall enjoy
equal treatment in agrarian reform and land resettlement programs; (3) women shall have equal rights to act as
incorporators and enter into insurance contracts; and (4) married women shall have rights equal to those of married men
in applying for passport, secure visas and other travel documents, without need to secure the consent of their spouses. [3]
In all other similar contractual relations, women shall enjoy equal rights and shall have the capacity to act which shall in
every respect be equal to those of men under similar circumstances
Sec. 12, RA 9710, MAGNA CARTA OF WOMEN: Equal Treatment Before The Law; State to take steps to review, amend,
repeal existing laws that are discriminatory to women within 3 years after effectivity
Sec. 13, RA 9710, MAGNA CARTA OF WOMEN: access and elimination of discrimination in education, scholarships, and
training; revision of gender stereotypes and images in school materials; enrollment of women in nontraditional skills
training; expulsion and non-readmission of women faculty due to pregnancy out of marriage outlawed
Sec. 14, RA 9710, MAGNA CARTA OF WOMEN: women in sports; strengthen women participation; pro rata representation
of women in athletic scholarship programs; incentives to promote this
Sec. 15, RA 9710, MAGNA CARTA OF WOMEN: women in military; elimination of discrimination
Sec. 16, RA 9710, MAGNA CARTA OF WOMEN: nondiscriminatory and nonderogatory portrayal of women in media and
film; raise consciousness promoting the dignity of women; gender equality guidelines in media
Art. 22, RA 9710, MAGNA CARTA OF WOMEN: right to decent work; decent work standards; creation of jobs of acceptable
quality; consideration of maternal functions and the possible risk hazards; union membership; migrant women also
included
Art. 23, RA 9710, MAGNA CARTA OF WOMEN: right to livelihood, credit, capital, technology; equal access and equal share
Art. 24, RA 9710, MAGNA CARTA OF WOMEN: right to education and training; skills training of migrant workers; gendersensitive training seminars; equal opportunities in scholarships based on merits
F. Use of Surname
Provisions:
Art. 370, CC: a MARRIED WOMAN may use: (1) her maiden first name and surname + husband's surname; (2) her maiden
first name + husband's surname; (3) her husband's full name, prefixed by "Mrs."
Art. 373, CC: a WIDOW may use the deceased husband's surname as though he were still living
Art. 377, CC: USURPATION of a name or surname may be the subject of an action for damages
Art. 378, CC: the UNAUTHORIZED or unlawful use of another person's surname gives a right of action
Cases:
Silva v. Peralta: a woman not validly married to another man CANNOT USE HIS SURNAME, and doing so will give rise to
damages, even if good faith is alleged.
Tolentino v. CA: divorced wives CAN STILL USE THEIR FORMER HUSBANDS' SURNAMES under the Civil Code.
Yasin v. Sharia District Court: divorce has the effect of dissolving marital bonds, and consequently, a wife can use her
MAIDEN NAME AND SURNAME without any special proceeding from the court
G. Relief From Courts
Art. 72, FC: when one of the spouses NEGLECTS A DUTY to the conjugal union or COMMITS ACTS which tend to bring danger,
dishonor, or injury to the other spouse or to the rest of the family, the injured party may apply to the proper court for RELIEF
Cases:
Perez v. Tuason de Perez: courts have NO JURISDICTION over matters of refusal or overt acts of a spouse causing moral
damages to the family. Claim for material damages must be economic in nature.
Arroyo v, Vasquez de Arroyo: courts CANNOT ISSUE AN INJUNCTION to compel a wife who abandons the conjugal home.

17

REVIEWER 2: COMPILATION OF RATIO DECIDENDI

Case
Griswold v.
Connecticut

Eisenstadt v.
Baird

Case
Geluz v. CA

People v. Tirol

Joaquin v.
Navarro

Standard Oil
Co. v. Arenas

Case

Mercado v.
Espiritu

Bamabalan v.
Maramba

Braganza v.
Villa Abrille

Due Process and Equal Protection Cases

Key Facts
Ratio
Statute prohibition on sale/
Prohibition of use of contraceptives violates the right of marital privacy
distribution of contraceptives;
within the penumbra of specific guarantees of the Bill of Rights.
Doctors gave information and
medical advice to married persons on
how to prevent conception
- Statute prohibition on sale/
Dissimilar treatment for married and unmarried persons similarly situated
distribution of contraceptives to
violates the Equal Protection clause because there is no relationship
singles; Doctor arrested for handing
between the means employed and the states interest.
vaginal foam to a female after his
Aside from being overbroad (not all contraceptives are harmful) and
lecture
underinclusive (married persons can acquire contraceptives regardless if
they use it with their spouse or not), the state has also unknowingly
imposed pregnancy and unwanted children as punishment for fornication
Concept and Classes of Persons
Key Facts
Ratio
- Wife had herself aborted 3 times without husbands An action for pecuniary damages involves the one injured.
consent
Unborn fetuses cannot institute an action since they do not
- Husband sued abortionist for pecuniary damages
posses personality until live birth.
for the death of an aborted fetus
Accused was sentenced to death and imprisonment
A natural persons civil personality, along with criminal
for murder and frustrated murder, ordered to
liability, is extinguished by death. However, a criminals civil
indemnify victims heirs
liabilities may be carried on to his estate and thus, is not
- He died during the pendency of an appeal from the
extinguished by death.
conviction
During the war, a family trapped inside a building
Statutory presumptions of neither Rule 123, Sec. 69 ROC1
tried to escape
nor Art. 43 CC cannot be applied in this case since there are
- The mother (67 yo) decided to stay behind while
pieces of evidence available to reasonably conclude that
the son (30 yo) went with the rest of the family
the mother could have been alive until the building where
- After a few moments, the son was shot in the head; she was hiding collapsed.
Minutes later, the building where the mother was
hiding collapsed
Presumption of Capacity
Husband assumed obligation to pay a Monomania of wealth as insanity must be proven:
debt to Standard Oil Co. as a surety
1. Habitual
and was ordered to pay
2. Obligation to pay was the result of such monomania, not anything else
- Wife contested and alleged that her 3. Existing on the date when the obligation was incurred
husband was afflicted with
In the absence of proof to the contrary, capacity is always presumed.
monomania of wealth, a condition of
insanity
Restrictions on Capacity to Act: Cases on Minority
Key Facts
Ratio
- Minors declared themselves to be of legal age
Active misrepresentation that one is of legal age estops a party
and executed a deed of absolute sale of a parcel from claiming otherwise later on. When a contract is made in
of land
bad faith, liability is retained. Moreover, minority is only a
- They later on sought to have the contract
restriction on capacity to act. Liabilities arising from property
declared void on the ground that they were
relations are never exempted from.
minors without legal capacity to contract
A minor executed a contract in favor of a person There was no misrepresentation regarding the minors age,
who, fully aware of the minors age, forced him
hence, there was no deceit involved. The other party was fully
into the said contract
aware of the minors age since she was the one who secured his
- The minor later on sought annulment of the
cedula for the said transaction.
said contract
During the war, a mother and her 2 sons
The minors neither revealed nor hid their age. Nondisclosure of
borrowed money from a man and executed a
age, as passive misrepresentation, does not constitute fraud.
written document
However, since the contract also parties who were of legal age,
promising to pay him as soon as hostilities end
it is considered merely voidable and valid until annulled. Minors
- 4 years after the war has ended, payment still
still have to pay for the amounts insofar as they have benefited
hadnot been made so the man sued them
from it

18

Martinez v.
Martines

Case

Wassmer v.
Velez

Tanjanco v.
CA

De Jesus v.
Syquia

Piccininni v.
Hajus

Case

Loving v,
Virgina

Zablocki v.
Redhail

Case
Graham v.
Graham

Restrictions on Capacity to Act: Case on Prodigality

- A son sought to have his father
Prodigality is defined as a morbid state of mind and a disposition to spend,
declared a prodigal for making
waste, and lessen the estate to such an extent as is likely to expose the
generous donations in favor of his
family to want of support or to deprive the forced heirs of their
2nd wife and giving her powers of
undisposable part of the estate.
administration over his estate
Breach of Promise To Marry
Key Facts
Ratio
A couple decided to get married but 2 days
Although mere breach of promise to marry is not actionable, the
before the wedding the groom simply left a note Civil Code disallows the willful cause of damage to another.
telling his bride that he had to go home to talk
There is a proper way of doing things and to back out of a
to his mother who opposed their union but that
wedding through writing a note and after all the preparations
he will be coming back soon
had been made is contrary to good customs.
- The groom never reappeared nor was heard
from again. The bride sued the groom for
damages
A woman consented to sexual relations with a
If she had consented to sexual relations purely because of the
man for more than a year in consideration of his mans promises to marry her, she should have refrained from
promise to marry her
having sex as soon as she found out that he had no intention to
- She became pregnant and because of the
keep his promise. Sexual intercourse for a year does not
mans refusal to marry her, instituted an action
constitute seduction but mutual passion
for damages
- A man who was the son of a prominent family
Such promise was not satisfactorily proven despite the fact that
and a woman who was employed in a
they had lived together. The action for breach of promise to
barbershop owned by the mans relatives had a
marry has no standing in civil law. As long as no cost was
child out of wedlock
incurred because of such breach of promise, no compensation
- They lived together for a year as a family and
can be awarded.
the man provided for their support
- When the woman began to show signs of a
second pregnancy, the man left them
A man spent $40,000 in renovating, improving,
Mere breach of promise to marry is not actionable but where
and furnishing a womans house because of her
gifts have been exchanged in consideration of marriage, a party
fraudulent misrepresentations that they would
can sue for damages and restitution based on the concept of
occupy her home as a couple after their
unjust enrichment. Gifts given in consideration of marriage are
marriage
considered legally as conditional and may be recovered upon
- The man brought a suit for damages against
breach of the engagement. If actions for restitution of
the woman for restitution
conditional gifts would be barred, this would only encourage
people to make empty promises.
Definition and Nature of Marriage
Key Facts
Ratio
Statute prohibition on interracial marriage
The statue violates due process and equal protection of the laws
- A Negro woman and a white man were
by arbitrarily classifying people by race and limiting their right to
married in another state and, upon return to
marry.
their state of residence, were convicted for
Marriage is a fundamental right and cannot be subject to such
violating the statute prohibition
arbitrary classifications and standards. The denial of a persons
freedom to choose whom to marry due to racial discrimination is
deprivation of liberty without due process of law.
- Statute prohibition on persons with court
The right to marry is important to everyone. The state should
orders to support illegitimate children from
prove that there are compelling state interests to be protected
marrying without proof that they have made
at that the means employed is closely tailored to effectuate only
support payments
those interests. There are other less intruding means to achieve
- A man who was unable to make any support
the state interest of lessening the number of public wards. The
payments to his illegitimate child was
statute is underinclusive because it does not limit other future
denied a marriage license solely on this ground
possible financial commitments aside from that of marriage. It is
- Without a marriage license, the man cannot
also overbroad because there are instances where the new
contract a valid marriage in his state
spouse can improve the affected persons financial situation.
Traditional Marriage Models
Key Facts
Ratio
A married couple entered into a written
Under the traditional marriage model, a man is supposed to
agreement stipulating that the husband would
support his wife and the wife is supposed to follow the husband.
quit his job to be able to travel with his wife and An agreement to the contrary is disallowed.

19

Bradwell v.
Illinois

Case
Dunn v.
Palermo

Case

In re Santiago

Selanova v.
Mendoza

Case
Jones v.
Hallahan

Goodridge v.
Dep. Of Public
Health

Silverio v.
Republic

Republic v.
Cagandahan

Case
People v.
Santiago

in exchange the wife would pay him a

certain monthly sum
- They were divorced later on and the husband
sought to be awarded the cumulative
amount of the monthly installments due him
- A married woman was denied a license to
practice law because of her civil status

In a traditional marriage model, the ability of a wife to enter into

contracts rests upon her husband. Hence, she is considered a
legal non-person and it is this condition that impairs her capacity
to practice law.
Challenges to the Traditional Marriage Models
Key Facts
Ratio
- A married woman, instead of assuming her
The practice of a wife assuming her husbands name upon
husbands name, chose to continue using her
marriage is purely customary and has no legal basis. As long as
maiden name
the name used by a woman during her marriage is consistent
- When she refused to register in the LCR under
and without intent to deceive, they are free to choose which
her husbands surname, her name was purged
name they want to employ.
from the states registration records
By Private Contract: When Valid? When Void?
Key Facts
Ratio
- A married couple had been living separately for The agreement is contrary to law and morals because it subverts
9 years when the husband, with the intent to
the vital foundation of the family. Marriage, as defined by Art. 1
contract another marriage, sought legal advice
of the FC, is an inviolable social institution whose nature,
from a lawyer
consequences, and incidents are governed by law and not
- The lawyer prepared a document which
subject to stipulation.
authorized the spouses to marry again and at
the same time waived any right of action one
may have against the other
- A judge prepared and ratified a document
Under the Civil Code, extrajudicial liquidation of the CPG as well
which extrajudicially liquidated the CPG of a
as any contract for personal separation of the husband and wife
married couple and barred lawsuits against each is not allowed. Concubinage and adultery, although private
other for infidelity
crimes, are still crimes and any contract legalizing them is
contrary to law, morals, and public order.
Essential Requisite: Legal Capacity
Key Facts
Ratio
- 2 women were denied
Marriage is defined as a union between a man and a woman. The women were
the issuance of a marriage prevented from marrying each other not because of the clerks refusal to issue them a
license to marry each
marriage license but because of their inherent incapacity of entering into a marriage as
other
it is defined. The relationship proposed by the women does not authorize the issuance
of a marriage license because what they propose is not a marriage.
- 7 same-sex couples were There is no fit between the states interest and the means employed to achieve it.
denied the issuance of a
Procreation is not a requirement for marriage. The best interest of a child also does
marriage license because
not depend on the parents sexual orientation. Lastly, there is no proof that same-sex
of a statute prohibiting
couples are more financially independent. In heterosexual unions, benefits from the
same-sex marriage
state do not depend on whether couples re financially dependent on each other or
not.
- A man who was engaged Changes regarding the entry for sex in the birth certificate are limited to correcting
to be married to another
clerical or typographical errors. Since there is no error in his birth certificate, he cannot
man underwent a sex
be granted the change of entry. Moreover, an essential requisite of marriage is that
change and filed a
the parties be a man and a woman. Should his petition be granted, it will pose serious
petition for change of
public issues. There are also various laws which apply particularly to women such as
name and sex in his birth
grants of maternity leave, presumption of survivorship, and certain felonies under the
certificate
RPC.
- woman filed for
The respondent undoubtedly has CAH. As such, where the person is biologically
correction of birth
intersex the determining factor in his gender classification would be what the
certificate changing her
respondent having reached majority and with good reason, think of herself. The court
gender to male
gives respect to the diversity of nature and how an individual deals with what nature
- she is suffering from CAH has handed out. The petition was granted
Essential Requsite: Consent Freely Given
Key Facts
Ratio
- A man married his niece after
The girls consent was not freely given, being obtained under duress.
raping her
Moreover, the mans attitude towards the girl also indicates that he had

20

Buccat v.
Buccat

Eigenmann v.
Guerra

Case

Navarro v.
Domagtoy

Aranes v.
Occiano

Case
Republic v. CA

Moreno v.
Bernabe

People v.
Borromeo

Seguisabal v.
Cabera

- After the marriage, the man gave

only married her in order to escape criminal liability. His consent was also
his niece a few pesos and went home not freely given.
- After 3 months of cohabitation, the
Although ordinarily concealment of the wife that she is pregnant by
wife gave birth to a full-term baby
another man at the time of marriage is a ground for annulment, it is
- The husband alleged that his
difficult to believe that the husband was not aware of his wifes condition.
consent was not freely given because She was already about 7 months pregnant at the time of their marriage and
the wife had concealed the fact that
thus could not have possibly concealed this condition from her husband.
shewas already pregnant at the time
of their marriage
- A boy sought to have his marriage
(1) He knowingly misrepresented himself to be of legal age. He is estopped
on the following grounds:
from using it as a defense. His mother was present at the ceremony and did
(1) he was less than 21 yo and no
not disapprove of the marriage. Consent may be implied.
parental consent was obtained
(2) Only marriages without a license are void. Marriages under a license,
(2) the marriage license was
though wrongfully obtained, are valid since the defect in the formal
administered by a person not legally
requisite does not affect the marriage.
authorized to do so
(3) There was no reasonable and well-grounded fear of an imminent and
(3) his consent was obtained through grave evil upon him or his property. The fathers words were merely an
threats, intimidation, and force made admonition typical from parents who are concerned with their childrens
by the girls father
romantic affairs.
Formal Requisite: Authority of Solemnizing Officer
Key Facts
Ratio
- Judge solemnized a wedding
In order to contract a valid subsequent marriage, the present spouse must
knowing that the groom had a prior
institute a summary proceeding for the declaration of presumptive death of
subsisting marriage and is merely
the absent spouse. Without this declaration, any subsequent marriage is
separated from his first wife for
void for being bigamous.
about 7 years
A marriage solemnized by a judge outside of his courts jurisdiction is still
- Judge solemnized another wedding
valid since there is only an irregularity in one of the formal requisites. Judge
outside of his courts jurisdiction
administratively liable.
- Judge solemnized a wedding
The total absence of a formal requisite (marriage license) renders the
outside of his courts jurisdiction and
marriage void ab initio. A marriage license cannot be submitted as a
without a valid marriage license out
follow-up document but must be presented to the solemnizing officer at
of human compassion
the time of the celebration of the marriage to give him authority to perform
such a ceremony.
Formal Requisite: Marriage License
Key Facts
Ratio
- A woman discovered through her lawyers
When due diligence has been exercised and still no license can be
efforts that no marriage license had been
found, a certification issued by the LCR stating the same is enough
issued prior to her marriage
to declare the marriage void for a complete absence of a formal
requisite.
- Judge married a couple without a marriage
Even if he solemnized the marriage in good faith that the
license because the man assured him that the
marriage license was forthcoming, the marriage cannot be
marriage license was on its way
declared valid for absence of a formal requisite. The marriage
- Wife went to claim their marriage contract
license must be obtained prior to the
but found out that because their marriage was
celebration of a marriage, not as a mere follow-up document.
celebrated without a license, she also could
not secure a marriage contract
- Husband killed his wife and was charged with There is no better proof of marriage than the admission of the
parricide
accused of the existence of such marriage. Persons living together
- His counsel alleges that no marriage took
as husband and wife are presumed to be legally married because
place between the man and the deceased since this is the common order of society. The mere fact that no
there never was any marriage contract
marriage contract exists in the LCR does
executed and the parish priest also testified
not invalidate the marriage as long as the essential and formal
otherwise
requisites for its validity are properly complied with.
- Husband claims that the victim was his
legitimate wife
- Judge solemnized a marriage without a
Sympathy to the widow cannot serve as a permit for him to
license because the parties promised to submit dispense with legal requisites. The marriage is void for absence of
it later
a formal requisite
- Husband was killed in the line of duty and, in
and cannot be validated through a subsequent acquisition of
order to claim his benefits, the wife went to
such.
get their marriage contract
Judge was also remiss in his duty to forward the marriage
- It was found out that they were not issued a
contract to the LCR within 15 days from the date of the

21

Alcantara v.
Alcantara

Case

Martinez v.
Tan

Madridejo v.
De Leon

Case

Trinidad v. CA

Vda de Jacob
v. CA

Sevilla v.
Cardenas

Case
People v.
Mendoza

license
-Out of sympathy for the widow, the judge
decided to issue their marriage contract
- A couple went to the city hall where they
contracted with a person who agreed to
arrange everything for their marriage for a fee
- They went through another marriage
ceremony at a church still without securing a
marriage license yet their marriage contract
bears a license number allegedly obtained
from Carmona though neither of the parties
reside there

celebration of the marriage.

For the marriage to be declared a nullity for lack of a marriage

license, such absence must be apparent on the marriage contract
or supported by a certification of non-issuance from the LCR.
Issuance of a marriage license
in a place not the residence of either party is a mere irregularity
of a formal requisite. It does not invalidate the marriage. Husband
cannot pretend that
he was not a party to the marriage ceremony since he knowingly
and voluntarily went through a marriage ceremony. The church
wedding confirmed their civil marriage and cured whatever
defect or irregularity was present then.
Formal Requisite: Ceremony
Key Facts
Ratio
- A couple appeared before a Justice of the
There is no form required for the marriage ceremony. It is enough
Peace and signed a petition which contained a
that the parties declare that they take each other as husband and
positive statement that they had mutually
wife. Although the declaration is not verbalized, the act of signing
agreed to be married
a statement containing such is sufficient.
- Justice of the Peace solemnized the marriage
and afterwards told the couple, You are
married
- A marriage was celebrated in articulo mortis
Failure of the priest to send a copy of the marriage certificate to
by a parish priest who failed to transmit a copy the LCR does not invalidate the marriage. Moreover, since it was
of the marriage certificate to the LCR
a marriage of exceptional character solemnized in articulo mortis,
it does not need to be celebrated publicly.
Presumption of Marriage
Key Facts
Ratio
- A married couples marriage
The law allows other kinds of evidence to prove marriage, such as affidavits
certificate was lost during the war
of loss, testimonies of credible witnesses and photographs. The
and could not be presented as proof
presumption is always in favor of the validity of a marriage and thus, only a
of their union
preponderance of evidence is sufficient to prove it as such.
- Their son secured an affidavit of
loss and presented several witnesses
who testified to his parents marriage
as well as family photographs
- The validity of a marriage is being
The couple was married after they had lived together as husband and wife
contested because it was solemnized for 5 years, dispensing the need to secure a license prior to their marriage.
without a marriage license and no
A marriage contract is not the sole proof of marriage. Secondary evidence is
marriage contract could be found
allowed if the original document has been lost or destroyed or is
leading to the conclusion that no
unavailable. Such evidence includes testimonies by the parties themselves,
ceremony ever took place
the solemnizing officer, or by witnesses to the marriage. Lastly, failure to
send a copy of the marriage certificate to the LCR does not invalidate the
marriage. It is the duty of the solemnizing officer, and not the parties to the
marriage.
- A couple was married in a religious
The fact that the marriage license cannot be found merely indicates that it
ceremony where they signed a
is missing, not that it was never issued at all.
marriage contract before a minister
The LCR in this case admitted that they were overworked and therefore
- Although the marriage contract
could not exert their best efforts to locate the existence of the marriage
reflected a marriage license number,
license. For the Republic vs. CA doctrine to apply, it must be shown that
no such license was presented to the
diligent search was conducted. The presumption is always in favor of the
solemnizing officer
validity of marriage. A man and a woman living together as husband and
- The marriage license could not be
wife are presumed to be legally married
found
Grounds for Void Marriages
Key Facts
Ratio
- Husband contracted a second
The second marriage was void ab initio for being bigamous and no judicial
marriage during the subsistence of
decree is necessary to establish its invalidity. Since the first wife died before
his first; After the first wife died, he
the third marriage was contracted, it is valid. (Repealed by the Family
contracted a third marriage
Code.)

22

Tolentino v.
Paras

Wiegel v.
Sempio-Diy

Terre v. Terre

Atienza v.
Brillantes

BorjaManzano v.
Sanchez

Apiag v.
Cantero

Case
Santos v.
Bedia-Santos

Republic v.
Molina

- Husband contracted a second

marriage during the subsistence of
his first
- After serving the prison sentence
for the crime of bigamy, he
continued to cohabit with the second
wife until his death
- A woman contracted a second
marriage during the subsistence of
her first in the belief that the prior
marriage was void on the ground
that her consent was obtained
through force
- Convinced by a law student that a
prior marriage to her first cousin was
void, a girl agreed to marry the
law student
- After giving birth to their child, the
law student abandoned his wife and
contracted another marriage
- Judge got married to the same
woman twice without a marriage
license
- He contracted a subsequent
marriage with another woman in the
belief that his first marriages were
void in 1991
- Judge solemnized a wedding
without a marriage license
between parties who were merely
separated from their respective
spouses

The second marriage was void ab initio for being bigamous and no judicial
decree is necessary to establish its invalidity. Only the legitimate wife can
be registered as surviving spouse on the death certificate. (Repealed by the
Family Code.)

Consent obtained through force is a ground for voidable marriages which

are considered valid until declared annulled. The second marriage
was contracted during the lifetime of the first spouse. A judicial declaration
of nullity is needed before contracting a subsequent marriage.
(Pre-Family Code decision! No legal basis in Civil Code.)
A judicial decree of nullity must first be obtained before contracting a
subsequent marriage. The law student and girls marriage is void for being
bigamous. The law student (who eventually became a lawyer)
demonstrated grossly immoral conduct which is a ground for disbarment.

A judicial decree of nullity must first be obtained before contracting a

subsequent marriage. The second marriage was contracted after
the Family Code was promulgated. Although his first marriages were void
for lack of a formal requisite, judge must secure a judicial declaration of
nullity for the purpose of remarriage.

For the exemption on the marriage license requirement to apply, the

parties must:
1. be living together as husband and wife
2. be free of any legal impediment to contract marriage
3. until the time they contract marriage
4. execute an affidavit attesting this
5. have the solemnizing officer execute a sworn statement that he had
ascertained their legal capacity
- Judge contracted a second marriage Since the first and second marriages were contracted before the Family
sometime in the 1960s during the
Code and Wiegel vs. Sempio-Diy decision, no judicial decree of nullity is
subsistence of his first
required for contracting a subsequent marriage
Psychological Incapacity
Key Facts
Ratio
- Wife did not communicate with her
To constitute psychological incapacity, the facts must show that the
husband for 7 months when she
disorder is grave, incurable, and has juridical antecedence. Psychological
went abroad to work and also
incapacity refers to the mental incapacity of a party to be truly incognitive
refused to return to the country
of the basic marital obligations. Lack of willingness to comply cannot be
considered psychological incapacity.
- Husband showed signs of
Her complaints merely show that there are irreconcilable differences
immaturity and irresponsibility as a
between her and her husband.
husband and a father
8 specific guidelines in the interpretation and application of Art. 36 are:
1. burden of proof is on the plaintiff
2. root cause must be medically proven and identified, alleged in the
complaint, sufficiently proven by expert testimony, and explained in the
courts decision
3. existing at the time of marriage
4. incurable and renders the party incapable of complying with marital
obligations
5. grave
6. essential marital obligations are those listed under Arts. 68-71 of the
Family Code between the husband and wife and Arts. 220, 221, and 225 of
the same code between parents and their children
7. interpretations given by the church must be accorded great weight but
are not binding
8. prosecuting attorney or fiscal and the solicitor-general should appear as

23

Tsoi v. CA

Choa v. Choa

Antonio v.
Reyes

DimayugaLaurena v. CA

Te v. Te

Ting v. VelezTing

Suazo v.
Suazo

Case

Ablaza v.
Republic

Case

Ninal v.
Badayog

Domingo v.
CA

- After 9 months of marriage, there

has still been no sexual intercourse
between husband and wife

counsel for the state and should issue a certification stating his reasons for
his agreement or opposition to the annulment
Senseless refusal of one of the parties to fulfill marital obligations is
equivalent to psychological incapacity. Abnormal reluctance or
unwillingness to consummate marriage indicates a serious disorder.
Procreation is one of the marital obligations and constant non-fulfillment of
this obligation will eventually destroy the marriage.
What is shown is merely irreconcilable differences and conflicting
personalities of the parties. There was no proof of gravity, incurability, or
juridical antecedence. Testimony of expert witness failed to identify
the root cause of the alleged psychological incapacity and even testified
that it can be cured for a fee.

- Husband alleges the nullity of his

marriage under Art. 36 because his
wife had filed cases against him,
lacked attention to their children,
was immature, and had a lack of
intention of procreative sexuality
- The wife was proven to be a
Medical evidence has shown that the wifes propensity to fabricate stories
pathological liar even before the
is a real personality disorder, grave, existing at the time of marriage, and
marriage was solemnized
nearly impossible to cure. It also satisfies the guidelines set in Molina case.
- After 10 years, wife filed for JDN of
There was failure to prove psychological incapacity because the root cause
her marriage under Art. 36 because
was not identified and the incapacitys incurability was not established.
of her husbands feminine
tendencies, infidelity, neglect of his
familys needs, irresponsibility,
insensitivity, and tendency to lead a
bachelors life
- Husband was afflicted with
Maybe it was not proper for Molina to set strict guidelines because each
dependent personality disorder while case should be treated according to its own facts. The seriousness of the
wife was afflicted with antisocial
diagnosis as well as the gravity of the disorders involved show that both
personality disorder
parties are incapacitated to contract marriage.
- Wife filed for JDN of her marriage
There was no proof of incurability, and juridical antecedence of the
under Art. 36 because of her
alleged psychological incapacity.
husbands alcoholism, violent nature
when drunk, compulsive gambling,
irresponsibility and immaturity
Wife and husband were forced into
Marriage is valid. Did not show root cause, gravity and incurability of
marriage at the age of 16 by their
condition. Psychologists account is based on information solely from wife.
parents.
Incapacity must be proven at time of celebration of marriage
Wife left husband on grounds of antisocial personality disorder which
made him indolent and always
drunk therefore unable to fulfill his
marital obligations.
Void Marriages: Period to file action or raise defense
Key Facts
Ratio
- brother of husband filed for nullity
Sec. 2 of the Administrative Matter on the Rule on Declaration of Absolute
of marriage alleging that the
Nullity of Void Marriages and Annulment of Voidable Marriages provides
marriage was celebrated without a
the limitation that a petition for declaration of nullity may be filed solely by
marriage license
the husband or wife but this extends only to marriages covered by the
Family Code (marriages after August 3, 1988) but since this is a procedural
rule, it is prospective in application which means that this only applies on
proceedings commenced after March 15, 2003. The brother is a proper
party
Void Marriages: Effect of Nullity
Key Facts
Ratio
- Husband shot his first wife to death and The subsequent marriage was void ab initio for absence of a
contracted a second marriage without securing a formal requisite. At the time of the husband and second
marriage license
wifes marriage, the prior was still subsisting so the count for
- Husband later died in a car accident
the 5-year period for exemption of a marriage license
- Children from the first marriage attacked the requirement started only when the first wife died.
validity of the subsequent marriage
Because the marriage was void ab initio, it can be attacked by
any interested party collaterally.
Wife discovered that her husband had a prior
The word solely in Art. 40 is meant to qualify final
subsisting marriage with another woman and filed
judgment declaring such previous marriage void (i.e. only a

24

for a declaration of nullity and separation of

property

De Castro v.
Assidao-De
Castro

Case
Moe v.
Dinkins

Katipunan v.
Tenorio
Suntay v.
CojuangcoSuntay

Buccat v.
Buccat

Aquino v.
Delizo

Anaya v.
Palaroan

Ruiz v. Atienza

Jimenez v.
Republic

Sarao v.
Guevara

judicial decree of nullity can allow a person to remarry) and

does not limit the acquisition of such to purposes of
remarriage. Separation of property is one of the necessary
consequences of a judicial decree of nullity.
Absence of a formal requisite renders the marriage void. The
validity of a void marriage may be collaterally attacked. Since
the action is not for purposes of remarriage, no judicial decree
of nullity is necessary to establish its invalidity.

A couple applied for a marriage license but were

not able to use it before its expiration date
- In order to get married, they executed an
affidavit that they had been living together as
husband and wife for 5 years even though they
had not
- When the man abandoned the woman and their
child, the woman filed a petition for support
where the court ruled that their marriage was void
Grounds for Voidable Marriages
Key Facts
Ratio
- Statute prohibition on marriage of
There is a fit between the states interest and the means
minors without a parental consent
employed to achieve it. The illegitimacy of the child and the
- Minors with an illegitimate child wanted to get
denial of marriage are at most temporary because once the
married but failed to get parental consent and
minors reach age of majority, they can get married without
were not issued a license
parental consent.
- Wife became insane after giving birth
Insanity that occurs after the celebration of marriage cannot be
- Husband filed for annulment after 7
a ground for annulment.
years of marriage
- Husband was suffering from
Insanity is a ground for annulment, not declaration of nullity.
schizophrenia and had been manifest
before his marriage
- Trial court declared their marriage null and void
- After 3 months of cohabitation, the wife gave
Although ordinarily concealment of the wife that she is
birth to a full-term baby
pregnant by another man at the time of marriage is a ground
- The husband alleged that his consent was
for annulment, it is difficult to believe that the husband was
obtained through fraud because the wife had
not aware of his wifes condition. There was no fraud involved.
concealed the fact that she was already pregnant
She was already about 7 months pregnant
at the time of their marriage
at the time of their marriage and thus could not have possibly
concealed this condition from her husband.
- Husband wants to have his marriage annulled
At 4 months, one cannot tell that a woman is pregnant simply
because his wife was 4 months pregnant with
by looking at her especially if she is naturally plump.
another man at the time of her marriage
Concealment by the wife of the fact that she is pregnant by
another man at the time of marriage constitutes fraud which is
a ground for annulment.
- husband claims that his consent was obtained
Fraud, as a vice of consent, is limited exclusively by law to
by force and filed for annulment which was
those kinds enumerated in Art. 86. No other misrepresentation
dismissed
or deceit as to character, rank, fortune or chastity shall
- wife then filed annulment stating as ground his
constitute as fraud as will give action for the annulment of
concealment of a pre-marital affair
marriage
- A law student impregnated a girl
Use of force must show a reasonable and well-grounded fear of
- The girls relatives went to the law
an imminent and grave danger leaving no time to think matters
students boarding house and convinced him to
over. Threats of lawful action such as obstruction of admission
marry her
to the Bar do not constitute force. There were many witnesses
- Law student wants to have his marriage
whom he could have asked for help. There were also many
annulled because he alleges that his consent was
occasions for him to escape.
obtained through force
- Husband and wife were not able to have sexual
Impotence is an abnormal condition and should not be
relations because the wifes vagina was too small
presumed. Unless there is medical evidence to show otherwise,
- Wife refused to undergo a medical examination
the presumption is in favor of potency.
- Husband and wife were not able to have sexual
To constitute a ground for annulment, impotence must be
relations because wife complained of extreme
incurable. In this case, the wifes impotence was cured by the
pain
operation. Impotence is the inability to copulate. It is
- Upon doctors advice, wife had her uterus and
completely different from infertility, the inability to procreate.
ovaries removed
Only impotence is a ground for annulment.
- Husband, who witnessed the operation, lost all
desire to have sex with his wife afterwards and
filed for annulment

25

Case

Jones v.
Hortiguela

SSS v. De
Bailon

Valdez v.
Republic

Case
Yu v. Yu

Case

Tamano v.
Ortiz

Case
People v.
Zapata

Munoz v. del
Barrio

Gandionco v.
Penaranda

Lapuz v.
Eufemio

Voidable: Marriage Where One Spouse is Absent

Key Facts
Ratio
- Wifes first husband went abroad
Absence is counted not from the date of the effectivity
and was not heard of again for
of the court order but from actual date of disappearance.
almost 10 years
- A year later after his disappearance,
wife instituted proceedings to
declare first husband an absentee
but remarried before 7 years had
passed after the court orders
effectivity
- 2nd marriage: man filed to declare
Only the competent court can nullify the second marriage on the
first wife presumptively dead then
reappearance of the presumptively dead spouse (not the SSS or Quasiremarried
Judicial body of SSS). Civil Code. Article 83. It is important to note that this
- after the husband died, alleged
case falls under the Civil Code. The family code on the other hand does not
daughter contested SSS benefits
need judicial proceedings to annul the subsequent marriage
nd
release alleging that 2 wife was still
living
- spouses separated after a fight
no decree on the presumption of Sofios death is necessary because Civil
- wife believed that husband was
Code governs during 1971 and not Family Code where at least 7
already dead and married another
consecutive years of absence is only needed. Thus, wife was capacitated to
nd
- 2 husbands application for
marry the foreigner and their marriage is legal and valid.
naturalization was denied due to the
subsisting marriage of the wife
Voidable: Effects of pending action or decree
Key Facts
Ratio
- Husband filed for declaration of
The court that has jurisdiction over the action for judicial declaration of
nullity before the Pasig RTC while
nullity also has jurisdiction over the decision for custody. Custody is simply
wife filed for custody of their child
one of the consequences of a judicial declaration of nullity together with
before the Pasay RTC
the division of property. There is no need to file a separate action
Voidable: Jurisdiction
Key Facts
Ratio
- A Muslim man married a Muslim
Jurisdiction over a case is determined by the allegations made in the
woman in civil rites
complaint. Because the complaint alleged that the parties had contracted
- While their marriage remained valid marriage in civil rites, the QC RTC has jurisdiction over the case.
and subsisting, he contracted
Moreover, Sharia courts are not vested with exclusive jurisdiction over
another marriage in civil rites
marriages celebrated under both civil and Muslim laws.
-First wife filed for JDN of husbands
second marriage before the QC RTC
Grounds for Legal Separation
Key Facts
Ratio
- Wife was convicted of adultery and
Adultery is a crime which is consummated at the moment of the carnal
after serving her sentence, continued union outside of marriage. Each act of sexual intercourse with a man other
to cohabit with her paramour
than her husband constitutes adultery on the part of the wife as long as the
- Husband filed another action
marital bonds remain. Each count of adultery can be a ground for legal
against her and her paramour
separation and can be prosecuted any number of times.
- Wife complained of being
There are only 2 ground for legal separation under the Civil Code:
maltreated by the husband (i.e. she
1. adultery or concubinage
was hit in the abdomen and face, her 2. attempt on the life of one spouse by the other
hair was pulled, and her neck
There must be proof that the husbands actions were calculated to produce
twisted)
the death of the wife. Intent to kill must be established with clear and
convincing evidence. Maltreatment is not an attempt to kill.
- Wife filed a petition for legal
Only civil cases which enforce a civil liability are not allowed to be filed
separation on the ground of
along with criminal cases. Although legal separation is a civil case which can
concubinage
also arise from a criminal case, it is not an action to enforce the civil liability
- She also filed a criminal charge
of the guilty party. It only intends to obtain the right of the spouses to live
against him again for concubinage
separately with the proper legal consequences such as dissolution of CPG.
- Wife filed a petition for legal
An action for legal separation is purely personal. Only the injured party can
separation on the ground of
institute proceedings for it.
abandonment but died before
Moreover, death already dissolves the marriage of the parties. Hence, there
the trial could be completed
is no more need for legal separation.

26

Dela Cruz v.
Dela Cruz

Ong Eng Kiam

v. Ong

Case

People v.
Sansano

Ocampo v.
Florenciano

Sargent v.
Sargent

Brown v.
Yambao

Willan v.
Willan

Bugayong v.
Ginez

- Wifes father requested that he be

allowed to represent his daughter in
order to continue the proceedings
for legal separation
- Husband lived away from the
conjugal home and never visited his
family for 3 years but continued to
give financial support
- Wife was being maltreated by the
husband so she left the conjugal
home

There is only physical estrangement.

Abandonment consist financial and moral desertion with no intent to
return. There is absolute cessation of marital relations, rights, and duties.

Under the Family Code, repeated serious physical violence or grossly

abusive conduct is a ground for legal separation.
Abandonment of the conjugal home, to constitute as a defense to the
action of legal separation, must be without justifiable cause for 1 year. The
wife left because of her husbands maltreatment. Her abandonment is
justified.
Defenses for Legal Sepration
Key Facts
Ratio
- Husband left the wife for 3 years without
Husbands silence for 7 years as regards his wifes
communicating with her
adulterous relations implies consent. In addition to this, he
- Wife started to live with another man
had previously told her that she was now free to do as she
- When husband came back, he filed a charge of
pleased. Art. 344 of the RPC bars the action for prosecution
adultery against his wife and her paramour
of adultery where the offended party has given his consent
- After serving her sentence, wife went to the
to the offenders.
husband to beg for his forgiveness but he refused to
take her back and instead told her that she could
now do as she pleased
- Husband went abroad for another 7 years and wife
went back to her paramour
- Husband discovered that his wife was maintaining
What the law prohibits is a decree of legal separation based
illicit relations with men in their locality so he sent
solely on a confession of judgment. In the present case, the
her to Manila
confession was made extrajudicially. It does not bar the
- When he went to visit her there, he surprised her in action for legal separation. There would have been
the act of committing adultery
collusion if the parties had arranged to make it appear as
- Husband told her he wanted to file a petition for
though a matrimonial offense had been committed when in
legal separation and the wife agreed provided that
fact there was none. Collusion may not be inferred from the
he does not file a criminal case against her
mere fact that the guilty party confessed to the offense.
Legal separation can be granted.
- Husband had been suspicious of his wife and the
His acts show consent and connivance. If he had reason to
family drivers relations so he commissioned 2
suspect that his wife was maintaining an affair with the
detectives to conduct a raid in order to catch his wife family driver, he could have fired the driver instead of
in the act of committing adultery
hiring detectives and setting his wife up. Instead of
preventing his wifes infidelity, he connived with others in
order to bring about the adulterous act.
- Husband filed for legal separation from his wife
The action for legal separation under the Civil Code
because of her adulterous relations with another
prescribes after 5 years from the occurrence of the cause
man with whom she had a child
and 1 year from knowledge of the cause. The husband filed
- During trial, it was revealed that the husband had
his petition 10 years too late. Moreover, the husband
been aware of his wifes infidelity for 10 years before himself has already taken in a concubine. A similar offense
he brought the action and that he himself had
bars the action for legal separation because only the
engaged in extramarital
innocent spouse can file a petition.
relations
- Wife physically and verbally abuses husband (exHusband was free to submit or resist his wifes demands for
soldier) and often demands sexual intercourse even
him to have sex with her. The last sexual act was
when he did not want to
tantamount to condonation. He may have been reluctant to
- One night, he had sex with his wife after she had
submit himself to his wife but this does not mean that he
physically and verbally abused him just so he could
acted involuntarily.
pacify her
- The following morning, he left for good and filed for
a dissolution of marriage
- Husband who was living separately from his wife
Condonation is implied from sexual intercourse. A single
began to receive letters from different people
voluntary act of sexual intercourse by the innocent spouse
regarding his wifes infidelity
after discovery of the offense is sufficient to constitute
- When he came home, he cohabited with her for 2
condonation.

27

Matubis v.
Praxedes

Case

Contreras v.
Macaraig

SomosaRamos v.
Vamenta, Jr

Case

De La Vina v.
Villareal

Reyes v. Ines
Luciano

Case

Banez v.
Banez

La Rue v. La
Rue

Matute v.
Macadaeg

nights and then confronted her about the issue

Despite his belief that his wife was unfaithful, husband still
- Wife simply left husband
cohabited with her. Such conduct deprives him as the
- Husband filed for legal separation
offended spouse of the right to action for legal separation.
- Husband and wife entered into a written agreement There was express condonation or consent on the part of
to live separately from each other and waiving the
the wife for her husband to commit acts of infidelity in the
right to sue each other for acts of infidelity
agreement that they had previously executed
- Husband began to cohabit with another woman
- Wife filed for legal separation
Legal Separation: When to file or try actions
Key Facts
Ratio
- Wife heard rumors of her husbands
The 1 year prescription period provided for in the Civil Code starts
infidelity but refused to believe it
from the time the suspicions are verified.
- A little over a year later, she confronted
her husband about it and he confessed
- Despite her pleas for him to return, the
husband did not but rather chose to live
with his mistress
- Wife filed for legal separation and
The only reason why there is a prohibition on immediate trial of the
sought the issuance of a writ of
action for legal separation is for the parties to cool off and settle their
preliminary mandatory injunction
differences during the waiting period. However, this cooling-off
for the return of her paraphernal and
period does not prevent other actions such as custody of the children,
exclusive property
alimony, support pendente lite, and management of the spouses
property.
Legal Separation: Effects of Filing Petition
Key Facts
Ratio
- Wife as the innocent spouse filed for divorce in
The rule that the wife must follow her husbands domicile is
a place other than her husbands domicile
not absolute. She may acquire another and separate domicile
- She also prayed for the issuance of a writ of
from that of her husbands when he has given her a cause for
preliminary injunction against the husband to
divorce. A wife can also pray for an injunction to curtail the
restrain and prohibit him from encumbering any
husbands powers of administration over the CPG in order to
part of the conjugal property during the
protect her interest.
pendency of the action
- Wife filed for legal separation because her
Mere allegations will not deprive the wife of her right to
husband attempted to kill her and was granted
receive support pendente lite. Like any other allegation, it must
alimony pendente lite
be established with competent evidence. Moreover, the
- Husband claimed that his wife is not entitled to
support will come from the CPG and
alimony because she had committed adultery
not from the husbandss personal funds.
with her physician
Effects of Decree of Legal Separation
Key Facts
Ratio
- Decree of legal separation awarded
The issues involved in these cases necessarily relate to the same marital
conjugal abode to wife who had 2
relationship between the same parties. Entitlement to live separately,
houses in the US
dissolution and liquidation of CPG, and grant of child custody are the
- Wife filed a motion for execution
necessary consequences of a decree of legal separation. They are not
pending appeal and protested that
separate matters that the court may resolve prior to or apart from the
the husbands failure to file a record
decree of legal separation.
on appeal for that particular action
merits a dismissal of his appeal
- Husband was employed outside the Based on the doctrine of equitable distribution, a spouse who economically
home while wife became a
contributed to the familys acquisition of property is entitled to claim an
homemaker 7 months after their
interest in such property in a proceeding for divorce. Homemaker services
marriage
are also considered economic contributions because the husband, as
- They were granted a divorce on a
breadwinner, can focus on his job instead of worrying about household
no-fault ground
chores. Factors for equitable distribution regarding
- Court awarded wife alimony and
homemaker services:
health insurance allowance but not
(1). Age (2). earning power (3). separate property (4). length of marriage
half of the marital assets
(5). quality
- A married couple was granted legal
The mother cannot invoke the tender-years rule to claim custody of the
separation on the ground of adultery children because she provided the ground for legal separation. Moral
by the wife with the husbands
depravity is a compelling reason for the court not to award custody.
brother
Moreover, the mother also had no means of a livelihood. She has no house

28

Laperal v.
Republic

- Custody was awarded to the

husband even though the children
were minors (4-12 years old)
- After marriage, the wife assumed
her husbands surname
- When they were given a decree of
legal separation, she filed a petition
to resume use of her maiden name

of her own and merely depends on her brothers for support.

The law requires a wife to continue using the name she had employed
before the legal separation. If she had assumed her husbands surname, she
must continue to do so because there has been no severance of marriage
bonds. She is still legally married to him.
Divorce

Case

Van Dorn v.
Romillo, Jr.

Quita v.
Dandan

Llorente v. CA

Garcia v.
Recio

Republic v.
Obercido

Corpuz v. Sto
Tomas

Key Facts
- A Filipina obtained a divorce from
her foreign spouse abroad
- The foreigner acknowledged that he
and the Filipina had no community
property in the divorce proceedings
- When he came back to the
Philippines, he filed a suit claiming
that the Filipinas business was
conjugal property
- A Filipino couple obtained a divorce
abroad
- Wifes citizenship at the time the
divorce was obtained has not been
established
- Husband contracted a second
marriage after obtaining a divorce
from his first wife
- In his will, the husband left the
entire estate to his second wife
- He was already a US citizen at the
time of: the divorce from his first
wife, the marriage to his second wife,
the execution of the will, and his
death
- A Filipino was divorced from his
Australian wife and eventually
married a Filipina

- husband discovered that wife had

been naturalized, obtained divorce in
US and married a foreigner
- husband files for authority to
remarry
- petitioner former Filipino who
acquired Canadian citizenship and
married a Filipina
- Filipina cheated on him and he
sought divorce in Canada
- he then wanted to marry another
and submitted the decree to civil
registry which was denied due to lack
of judicial recognition

Ratio
Although this decision was promulgated before the effectivity of the Family
Code, the Court held that the divorce obtained abroad which dissolved
their marriage became binding on the foreigner. Under his national law, the
foreigner is no longer the Filipinas husband. As such, he has no
standing to sue as her husband who is entitled to exercise control over
conjugal assets.
There is no reason why the Filipina should still be considered as married to
the foreigner under Philippine law. She should not be discriminated against
in her own country.
Since the divorce and the wifes naturalization occurred in the same year, it
is important to know which of these occurred first.
In order to determine the validity of the divorce, it is necessary to establish
the wifes citizenship at the time the divorce was obtained.
Following the doctrine in Quita, citizenship at the time the divorce was
obtained determines its validity. Since the husband was already a US citizen
even before he had obtained the divorce, there is no more question about
its validity. However, it is not clear whether US divorce laws allow a
husband to leave his entire estate to the second wife. For this reason, the
case needs to be remanded.

There are 2 kinds of divorce: absolute and limited. In absolute divorce, the
marriage ties are severed, allowing the parties to remarry. In limited
divorce, however, the marriage ties are still in full force. There was no
evidence to show that the Filipino had obtained an absolute divorce
from his Australian wife. Aside from this, some absolute divorces still
restrict remarriage for a certain period of time. Foreign law, like any other
fact, must be alleged and proved.
Before a foreign divorce decree can be recognized by court, party pleading
must prove the divorce as a fact and demonstrate its conformity to foreign
law. There is no sufficient evidence at hand in the case at bar.

Alien spouse can claim no right under Art 26(2) of FC as the substantive
right it establishes is in favor of the Filipino spouse. Foreign divorce decree
is presumptive evidence of a right that clothes the party with legal interest
to petition for its recognition in this jurisdiction

Muslim Divorces
Case
Yasin v.
Sharia
District Court

Key Facts
- A Muslim woman was divorced
from her husband and she filed a
petition to resume use of her maiden
name

Ratio
The true and real name of a person is that which appears on the birth
certificate. A married woman is not obliged to assume her husbands name.
The choice of which name to employ is completely up to her. Because
Muslim divorces are recognized here, the wife may resume use of her
maiden name since the marital bond has

29

De Facto Separation
Case
Perez v. CA

Estrada v.
Escritor

Case
Narag v.
Narag

Goitia v.
Campos
Rueda

Key Facts
- Husband and wife were separated
in fact
- They had a 1 year-old son
- Members of Jehovahs Witnesses
who were separated in fact from
their respective spouses were living
together as husband and wife

Ratio
Since Art. 213 does not qualify the word separation to mean legal
separation, the tender-years principle provided in the article is also
applicable to de facto separation.
However, their arrangement is approved by their religious sect. The only
justification for a restraint on the exercise of religious freedom is the
existence of a clear and present danger of substantive evil which the state
has the right to prevent. Although the religious sanction gives a sense of
normalcy and legality to their union, this does not change laws on marriage.
They still need to validate their relationship in order to avail of the benefits
that only a marriage can afford them.
Cohabitation, Mutual Love, Respect
Key Facts
Ratio
- Lawyer-husband abandoned his
Being able to provide for the familys needs is not enough. Evidence shows he
family for another woman but
abandoned his family and this removed him from a position to be a good
continued to provide for them
husband and father. Spouses have an obligation not only to render mutual help
and support but also to live together and observe mutual love, respect and
fidelity. Lawyer-husband deserves to be disbarred
- Wife left the conjugal home
because husband wanted her to
perform unchaste acts and
maltreated her whenever she
refused to do so
- Husband was indicted for rape
and aggravated sodomy of his
wife

Warren v.
State

- Wife was being assaulted by the

husband but the city did not offer
her any police protection
Thurman v.
City of
Torrington

- Statute exemption for marital

rape
- Husband was convicted of rape
and sodomy in the first degree of
his wife
People v.
Liberta

The marital obligation to cohabit includes normal sexual intercourse only. The
duty to live together cannot be separated from the duty to mutual love,
respect and fidelity. The wife is entitled to support because she left with
justifiable cause. The law will not allow the husband to terminate his duty to
support the wife by his own wrongful acts which led her to leave the conjugal
home
Theories which justify the marital exemption for rape can no longer be
accepted as valid since there have been changes in womens rights and the
status of women in marriage. There is no reason why a woman, in contracting a
marriage, should surrender laws which protect her from the ultimate violation
of self which occurs in rape.
3 theories:
1. Lord Hales Contractual Theoryhusband cannot be guilty of raping his wife
because the wife has given up herself to the husband upon marriage
2. Wife as the husbands chattel or property
3. Unity of Person Theorylegal existence of a woman is consolidated into that
of her husband. Because there is only one legal being, husband cannot be
convicted of raping himself.
The equal protection clause is also applicable to discriminatory governmental
action in administration and enforcement of the law. Police action is one of
these. A man is not allowed to physically abuse a woman merely because he is
her husband. Similarly, a police officer may not knowingly refrain from
interference in such violence simply because the assaulter and his victim are
married to each other. The equal protection clause is not restricted to racial
discriminations. It also involves alien-based classifications. For this reason, the
distinction between married and non-married persons similarly situated
violates the equal protection clause.
There is no rational basis for the distinction between marital and nonmarital
rape. Rape is a degrading, violent act which violates the physical integrity of the
victim and frequently causes severe, long-lasting physical and psychological
harm. A married woman has the same right to control her own body as does an
unmarried woman. There is also no rational relationship between allowing a
husband to rape his wife and protecting marital privacy as well as encouraging
reconciliation. Aside from this, it is the violent act of rape which disrupts a
marriage, not the subsequent attempt of the wife to seek protection through
the criminal justice system. If the marriage has already reached the point
where intercourse is accomplished by violent assault, it is doubtful that there is
anything left to reconcile. Claims that marital rape is a difficult crime to prove
because lack of consent has to be shown and that it can lead to fabricated
complaints by vindictive wives are untenable. Lack of consent is always difficult
to prove. There is no greater possibility of married women making fabricated
complaints than unmarried women.

30

Fixing of Family Domicile

Case
Tenchavez v.
Escano

Dadivas de
Villanueva v.
Villanueva

Garcia v.
Santos

Atilano v.
Chua Ching
Beng

Del Rosario v.
Del Rosario

Case
McGuire v.
McGuire

Pelayo v.
Lauron

Case

Young v.
Hector

Case
Silva v. Peralta

Key Facts
- Wife abandoned husband
without justifiable cause and
obtained a divorce abroad in
order to remarry
- Wife was forced to leave the
conjugal home because of the
husbands infidelity

- Husbands son from a first

marriage impregnated wifes
daughter from a first marriage
- Wife left the conjugal home
- Husband threatened her with
violence if she would return
- The couple lived with the
husbands parents but the wife
cannot get along with them
- When the couple went to the
wifes hometown, she did not
go back with him
- Husband offered to move into
a place of their own but she
still refused to cohabit
- The couple lived with the
husbands mother but the wife
cannot get along with her
- Husband refuses to live
separately from his mother

Ratio
The wifes acts of her refusal to perform her marital duties, denial of consortium,
and desertion of her husband constitute a willful infliction of injury upon the
husbands feelings in a manner contrary to morals, good customs or public policy
(Art. 21, CC). The grant of moral damages, however, is not an effect of legal
separation but rather a result of her wrongful acts.
The wife is entitled to support because she left with justifiable cause.
The law is not so unreasonable as to require a wife to live in marital relations with
a husband whose incurable propensity towards other
women makes common habitation with him unbearable.
The husband cannot relieve himself of the duty to support
his wife by his own wrongful acts.
The wife is entitled to support because she left with justifiable cause.
To keep the 2 young people under the same roof will only give them the
opportunity to continue their illicit relations which would create an
embarrassing situation for the wife. Under these circumstances, to
compel the wife to cohabit with her husband can only lead to further quarrels.
The husband has the choice to support his wife by paying a fixed allowance or
maintaining her in his house. Only a moral or legal obstacle can prevent
him from availing of this latter option. Not getting along with the inlaws
is not a moral or legal obstacle therefore the husband is entitled to decide
which option to choose. Moreover, the husband has already offered to live apart
from his parents.

The wife is entitled to support because she left with justifiable cause.
Although a wife is obliged to follow her husband wherever he establishes his
residence, she cannot be compelled to live with her mother-in-law if
they cannot get along. The marriage vow does not include making sacrifices for
the inlaws.
Mutual Help and Support
Key Facts
Ratio
- Husband was too frugal (i.e. would
The spouses are living in the same house. There is no reason why the wife
only give the wife small amounts,
should be granted separate maintenance. Furthermore, the living standards
had not taken her to the movies for
of a family are a concern of the household and not of the courts. As long as
12 years, refused to install modern
the home is maintained and the parties are living as husband and wife, it
facilities in their toilet and bath)
may be said that the husband is legally supporting his wife.
- Parents-in-law called a doctor to
Under the law, it is the husbands obligation to pay the doctors fees for the
render medical assistance to their
services rendered to his wife. The parents-in-law cannot be held liable
daughter-in-law who was about to
because they are considered strangers within the meaning of the law
give birth
except if they had bound themselves to do so by an express contract.
- Doctor sued the parents-in-law for
payment
Management of Household
Key Facts
Ratio
- Architect-husband and lawyer-wife
Three factors in determining who the primary caretaker is:
obtained a divorce
1. economic stability (or the desire to remain employed, not larger salary)
2. constant factor in childrens lives
3. ability to control anger
In awarding custody of the children, the court must take into consideration
who the primary caretaker had been throughout the childrens life and not
only the years immediately preceding the divorce or separation.
Exercise of Profession
Key Facts
Ratio
- A woman contracted marriage with
No marriage between the man and the woman had ever taken place
a man who had a prior subsisting
because the man had a prior subsisting marriage. Because there is no
marriage
marriage between them, it is not proper for the woman to use the mans
- The man later left for the US and
name or to continue representing herself as his wife.

31

Tolentino v.
CA

Yasin v.
Sharia
District Court

Case
Perez v.
Tuazon de
Perez
Arroyo v.
Vazquez de
Arroyo

obtained a divorce from his first wife

but remarried another
- Woman continued using the mans
surname to the second wifes
objections
- Ex-wife continued using her exhusbands surname even after an
absolute divorce had been granted to
them
- Husband remarried and the present
wife objected to the ex-wifes use of
the husbands surname
- A Muslim woman was divorced
from her husband and she filed a
petition to resume use of her maiden
name

Key Facts
- Husband filed a petition to have his
wife declared a prodigal and be
placed under Guardianship
- Wife left the conjugal home without
justifiable cause and filed for support
- Husband asked the court to compel
his wife to return

The law authorizes a married woman to use the surname of her husband.
Impliedly, it excludes others from doing likewise.

The effects of absolute divorce are similar to those of the death of the
spouse where there is a severance of valid marriage ties. Since a widow is
allowed to use the name of her deceased husband, so may an ex-wife use
the name of her ex-husband. For usurpation of status to occur, 3 requisites
must be present: actual use, unauthorized, to designate personality or
identity
The true and real name of a person is that which appears on the birth
certificate. A married woman is not obliged to assume her husbands name.
The choice of which name to employ is completely up to her. Because
Muslim divorces are recognized here, the wife may resume use of her
maiden name since the marital bond has already been severed.
Relief From Courts
Ratio
The Domestic Relations Court has jurisdiction over the matter. Material
injury does not refer to economic injury or damage, but to personal (i.e.
physical or moral) injury.
Consortium is a purely personal right. Hence, it is not within the power of
the courts to order the wife to return to the conjugal home under pain of
contempt. The most they can do is admonish her to return. A spouse who
left the conjugal home without justifiable cause is not entitled to support.

REVIEWER 3: COMPARATIVE TABLES

Applicable and Pertinent Laws
Civil Code of the Philippines
RA 386 (June 1949)
Family Code of the Philippines
EO 209 (August 1988)
The Code of Muslim Personal Laws of the Philippines
PD 1083 (February 1977)
The Revised Penal Code
Act. No. 3815 (December 1930)
An Act Lowering the Age of Majority
RA 6809 (December 1989)
Juvenile Justice and Welfare Act of 2006
RA 9344 (July 2005)
A Decree Requiring Applicants for Marriage License to Receive PD 965 (July 1976)
Instructions on Family Planning and Responsible
Parenthood
Amending EO 209 (Family Code of the Philippines)
EO 227 (July 1987)
An Act Nullifying the Prescriptive Period for Action or Defenses RA 8533 (February 1998)
Grounded on Psychological Incapacity
Anti-Rape Law
RA 8353 (September 1997)
Anti-VAWC Act
RA 9262 (March 2004)
Women in Development and Nation-Building Act
RA 7192 (February 1992)
Difference between Ordinary Contracts and Marriage
Ordinary Contract
Marriage
Any number of persons, whether of the same or different sex
One man and one woman
Agreement of the parties have force of law between them
Law fixes the rights and duties of the parties
Can be terminated by mutual agreement of the parties
Permanent contract unless dissolved, annulled, or declared a nullity
Breach of ordinary contracts gives rise to an action for
Breach of obligations of a spouse does not give rise to such an action
damages

Essential Requisites of Marriage

Legal Capacity of Male and Female
Consent freely given in the presence of the solemnizing
officer

Formal Requisites of Marriage

Authority of the solemnizing officer
Valid marriage license
Marriage ceremony:

32

(1) appearance of contracting parties before solemnizing officer

(2) personal declaration that they take each other as husband and wife
(3) presence of not less than 2 witnesses of legal age

Absence
Essential Requisites
Formal

Void Ab Initio

Defect
Voidable
--

Irregularity
-No effect on marriage but party/parties responsible for the
irregularity will be civilly, criminally, and administratively liable

Comparison of Rules from the Civil Code and the Family Code
on Marriages When One Spouse is Absent
Civil Code
Family Code
Absence of spouse for 7 consecutive years (Art. 83)
Absence of spouse for 4 consecutive years (Art. 41)
Under special circumstances, absence of spouse for 4
Under special circumstances, absence of spouse for 2
consecutive years (Art. 83)
consecutive years (Art. 41)
Voidable (Art. 83, 85(2))
Valid until terminated (Art. 41)
Spouse believed to be absent by the general public (Art. 83)
Spouse believed to be absent by the present spouse (Art. 41)
Terminated by final judgment of annulment
Terminated by mere recording in the civil registry of an affidavit
of reappearance (Art. 42)
Action can be filed only by the spouse who reappeared or either
Action can be filed by any interested party (Art. 42)
of the spouses in the subsequent marriage (Art. 87(2))

Difference Between Void and Voidable Marriages

Void
Voidable
Never existed
Valid until annulled
Can be attacked collaterally
Can be attacked only in a direct proceeding for annulment
May be questioned even after the death of one of the parties
Can no longer be attacked after one of the parties is dead
Cannot be ratified
Generally made perfectly valid through continued cohabitation
May be assailed by any one if it becomes material
Can be generally attacked only by a party to it
Action or defense to declare nullity generally does not prescribe
Action to set aside prescribes

Difference Between Annulment and Legal Separation

Annulment
Legal Separation
Cause already existing at the time of the celebration of marriage
Cause arises after the celebration of marriage
Terminates marital bonds
Preserves marital bonds
Cannot be set aside to restore marital relations
May be terminated; parties may resume marital relations
through reconciliation

Void
No Legal Effect

Voidable
Valid Until Annulled

Manner of
Impugning
Manner of
Attack
Who may
file action
Prescription

Declaration of Nullity

Property
Regime
Children

Co-Ownership

Nature

De Facto Separation
No Legal Recognition

Petition for Annulment

Legal Separation
Marriage bond subsists;
Separation mensa et thoro
Petition for Legal Sepration

Direct or Collateral

Direct

Direct

None

Anyone

Only Spouses
(Art. 47, FC gives details)
Generally 5 years
(Art. 47)
ACP or CPG

Only Spouses

None

5 years from occurrence of

cause (Art. 57)
ACP or CPG

None
ACP or CPG

Legitimate

Legitimate

Legitimate

Imprescriptible

Illegitimate
Except those conceived
under Art. 36 and 53

None

33

Grounds for Void Marriages

A. Article 35
(1) Minors even with parental consent
(2) Solemnized by person without
authority; EXCEPT: parties believed in
good faith
(3) Solemnized without marriage license
EXCEPT:
(a) Art. 27 Articulo Mortis
(b) Art 28 Too far from Civil Registrar
(c) Art 34 under other customs
(4) Bigamous or Polygamous not under
Art. 41 (cases where first spouse absent)
(5) Mistake of identity
(6) Subsequent marriages void under Art.
53 (non-compliance of requirements)
B. Article 36 Psychological Incapacity
C. Article 37 Incestuous Marriages
(1) between ascendants and descendants
(2) between brothers and sisters

THE GROUNDS
Grounds for Voidable Marriages
A. Article 45
(1) Marriage of those 18 but without
parental consent
(2) Unsound mind
(3) contracted through fraud
(4) contracted through force, intimidation,
duress
(5) impotency
(6) serious, incurable STD
B. What Constitutes Fraud
(1) non disclosure of conviction by final
judgment of moral turpitude
(2) concealment of pregnancy by man
other than husband
(3) concealment of alcoholism or drug
addiction, homosexuality, or lesbianism
(4) concealment of STD
RATIFICATION
Art. 45 Generally by free cohabitation

D. Article 38 Void by Public Policy

th
(1) collateral blood relatives up to 4 civil
degree; legitimate or not
(2) step-parents and step-children
(3) parents-in-law and children-in-law
(4) adopting parent and adopted child
(5) surviving spouse of adopting parent
and adopted child
(6) surviving spouse of adopted child and
adopter
(7) adopted child and legitimate child of
adopter
(8) adopted children of same adopter
(9) parties where one with intention to
marry the other, killed that other persons
spouse or his or her own spouse

Effects of
Action

Void
A. Article 43 termination
of subsequent marriage
(1) children conceived prior
to termination = legitimate
(2) ACP or CPG liquidated;
spouse in bad faith forfeits
share
(3) donations propter
nuptias valid unless donee
is guilty, revoked
(4) revocation of
designation of guilty party
as insurance beneficiary
(5) guilty party disqualified
from inheriting
B. Art. 44 subsequent
marriage
If both are guilty,

Grounds for Legal Separation

Under Article 55
(1) Repeated physical violence or grossly
abusive conduct against petitioner,
common children, children of petitioner
(2) physical violence or mental duress to
petitioner, children, or children of
petitioner to change religious or political
affiliation
(3) attempt to corrupt or induce
petitioner, petitioners children, common
children to prostitution or connivance in
such corruption or inducement
(4) Imprisonment by final judgment of
more than 6 years, even if pardoned
(5) drug addiction or habitual drug use
(6) homosexuality or lesbianism
(7) sexual infidelity or perversion
(8) unjustified abandonment of one year
(9) attempt to kill petitioner
(10) contracting subsequent bigamous
marriage, locally or abroad
DEFENSES
A. Art. 56
(1) Condonation
(2) Consent
(3) Connivance
(4) Mutual Fault
(5) Collusion
(6) Prescription

Voidable
A. Art. 50
(1) ACP or CPG liquidated;
guilty spouse forfeits share
(2) donations propter
nuptias valid unless donee
is guilty, revoked
(3) revocation of
designation of guilty party
as insurance beneficiary
(4) guilty party disqualified
from inheriting
(5) final judgment to
provide for property
distribution, care and child
support; presumptive
legitime delivery
(6) creditors of property
regime notified
(7) conjugal dwelling goes

Legal Separation
A. Art. 63
(1) marriage bond subsists;
live separately
(2) property regime
dissolved and liquidated;
guilty party forfeits share
(3) child custody awarded
to innocent spouse
(4) guilty spouse
disqualified from
inheriting; provision in will
revoked

De Facto Separation
A. Art. 100 and 127
(1) No support to spouse
who leaves conjugal home
without justification
(2) judicial authorization
obtained in summary
proceeding when consent
of spouse in transaction is
required by law
(3) if common property not
enough, separate property
of both spouses solidarily
liable for family support

B. Art. 64
(1) donation of offending
may be revoked
(2) revocation to be
registered in registry of
properties

34

donations made and

testamentary dispositions
of each other are revoked

to spouse whom children

will live with

(3) registered alienations,

lien, encumbrances
respected
(4) change in beneficiary to
take effect upon written
notification

Comparison of Rules on Property Effects due to Reconciliation of Spouses

Civil Code
Family Code
Agreement to live together again may be in any form, express or
Joint manifestation must be filed with the court in the same
implied
proceeding for legal separation
Automatic revival of property relations prior to proceedings
Separation of property already declared by the Court subsists
No court order required to set aside the decree of legal
Court must issue an order setting aside the decree of legal sep
separation

Comparison of Rules on Fixing of Family Domicile

Civil Code
Family Code
Exclusive right of the HUSBAND to fix the family domicile
Joint authority of the spouses; court intervention in case of
Disagreement
Exemptions granted only when the husband lives abroad
Exemptions granted if one of the spouses live abroad or there are
other valid and compelling reasons
If the husband lives abroad in the service of the Republic, wife
In case of disagreement, the court may determine whether or not a
is still compelled to join him
wife should join her husband abroad

Comparison of Rules on Family Support

Civil Code, Art 111
Family Code, Art 70
Support of the wife and the family is the responsibility of the
Spouses are JOINTLY responsible for the support of the family
HUSBAND alone
Husband is SOLE the administrator of the
Spouses are joint administrators of the absolute community or
conjugal partnership property
conjugal property
Conjugal property >> husbands capital >>
Community or conjugal property >> income or fruits of separate
wifes paraphernal property
property >> separate properties (in proportion)
In case of separation of property, spouses will contribute
Solidarily liable with respect to creditors
proportionately to the family expenses

Comparison of Rules on Household Management

Civil Code, Art 115
Family Code, Art 71
Right and duty of the WIFE alone to manage household affairs
Both spouses are entitled to manage the household
Conjugal property as source of payments
Paid in accordance to the order established in Art. 70
Borrowing money for this purpose is explicitly permitted
Law is silent
Purchase of jewelry and precious objects voidable unless expressly
Law is silent
approved by the husband or price paid is from wifes paraphernal property

Comparison of Rules on Exercise of Profession

Civil Code, Art 117
Family Code, Art 73
Only the husband has the right to object
Right to object is mutual
ANY profession
Profession must be LEGITIMATE (i.e. lawful, honest, moral)
Grounds for objection: (1) husbands income is sufficient for the
Either spouse may object only on valid, serious and MORAL
family, (2) opposition is founded on serious and valid grounds
grounds
In case of disagreement, the following shall be consulted in this
In case of disagreement, the court shall decide
order: parents >> grandparents >> family council >> court
Court: whatever may be proper and in the best interest of the
Court: (1) whether the objection is proper, (2) benefit has
family (2nd par. of Art. 73 in FC was also supposed to be included
accrued to the family prior to the objection
in the provision)

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Law is silent

Will not prejudice the rights of creditors who acted in good faith

Comparison of Rules on Relief From Courts

Civil Code, Art 117
Family Code, Art 73
Material injury = physical or moral injury inflicted on spouse
Word material was deleted, implying the widened meaning of
(NOT patrimonial or economic injury)
injury to include both personal and patrimonial injury
Court may counsel the offender to comply with his/her duties
Law is silent but court still has full freedom to determine the kind
and take proper measures
of lawful relief that may be given

REVIEWER 4: ENUMERATIONS AND LISTINGS

Restrictions on Capacity (Art. 38, CC)
1. Minority
2. Insanity
3. Imbecility
4. State of being deaf-mute
5. Prodigality
6. Civil Interdiction

4. Family relationship results to various juridical

consequences (impediments to marriage, right to support,
right to inheritance, etc.).
5. Emancipation of spouses from parental authority.
6. Incapacity of spouses to make donations to each other.
7. Disqualification of spouses to testify against each other.
8. Modification of criminal libability.

The following, among others, modify the capacity to act:

(Art. 39, CC)
1. Age
2. Insanity
3. Imbecility
4. State of being a deaf-mute
5. Penalty
6. Prodigality
7. Family relations
8. Alienage
9. Absence
10. Insolvency
11. Trusteeship

Art. 7, FC Marriages may be solemnized by:

1. Any incumbent member of the judiciary within the courts
jurisdiction
2. Any priest, rabbi, imam, or minister duly authorized by his
church or religious sect (VOID) and registered with the civil
registrar general (VOID), acting within the limits of the
written authority granted him by his church or religious sect
(VALID but officer is liable), and at least one of the contracting
parties belongs to the solemnizing officers church or religious
sect (VALID but officer is liable)
3. Ship captain or airplane chief only in cases under Art. 31
4. Any military commander of a unit to which a chaplain is
assigned, in the absence of the latter, during military
operation, only in cases under Art. 32
5. consul-general, consul, vice-consul in cases under Art. 10

Art. 92 (2), Rules of Court Meaning of word incompetent

includes:
1. Persons suffering penalty of civil interdiction
2. Hospitalized lepers
3. Prodigals
4. Deaf and dumb who are unable to read and write
5. Those who are of unsound mind, even though they have
lucid intervals
6. Persons not being of unsound mind but by reason of age,
disease, weak mind, and other similar causes cannot, without
outside aid, take care of themselves and manage their
property
Art. 34, RPC Civil interdiction will deprive the offender:
1. Rights of parental authority or guardianship, either as to
person or property of any ward
2. Rights of marital authority
3. Right to manage his property
4. Right to dispose of such property by any act or conveyance
Effects: of marriage
1. Personal and economic relations between spouses as
sources of rights and duties.
2. Legitimacy of sexual union and of the family.
3. Personal and economic relations between parents and
children give rise to rights and duties.

FC Article 11: Sworn application for marriage license

1. Full name of contracting party
2. Place of birth
3. Age and date of birth
4. Civil status
5. If married before how, when and where previous
marriage was annulled or dissolved
6. Present residence & citizenship
7. Degree of relationship of contracting parties
8. Full name, residence, and citizenship of the father &
mother as well as the guardian/person with legal charge if the
party has neither parent and is below 21 years old
FC Article 12: Documents to be submitted (to ascertain age)
1. Original/certified copy of birth certificate; or in its absence:
2. Original/certified copy of baptismal cert; or in its absence:
3. If lost/destroyed/not yet received 15 days prior to
application Residence certificate OR affidavit of witnesses
EXCEPT if:
1. Parents appear personally to the LCR & swear as to ages
2. LCR is convinced by merely looking at the parties
3. Emancipated by previous marriage

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FC Article 13: If with previous marriage, submit:

1. Death cert of deceased spouse or affidavit
2. Judicial decree of absolute divorce
3. Judicial decree of annulment
4. Declaration of nullity
FC Article 22: Marriage Contract
1. Full name, sex, age
2. Citizenship, religion, habitual residence
3. Date & precise time of celebration
4. Proper marriage license issued
5. If parental consent was obtained
6. If complied w/ requirements re: parental advice
7. Marriage settlement, if any
FC Article 23: Duty of Solemnizing Officer to furnish copies
1. Original either parties
2. Duplicate, triplicate w/in 15 days after marriage to LCR
where the marriage took place
3. Quadruplicate kept in his files
FC Article 24: Duty of Local Civil Registrar
1. Prepare documents required
2. Administer oaths of interested parties
Marriage of Exceptional Character
1. In Articulo Mortis
2. In Remote places with no means of transportation
3. Indigenous, ethnic, and Muslims married according to their
customs
4. Ratification of Cohabitation
Art. 35, FC Grounds of Void Marriage
1. Minor
2. Solemnized by person without authority
Except: either or both spouses believed in good faith
3. No Marriage License
4. Bigamous and Polygamous
Except: those under Art. 41
5. Mistake of Identity
6. Subsequent marriage void under Art. 53
Art. 37, Incestuous Marriages
a. Between ascendants & descendants of any degree
b. Between brothers & sisters half or full blood
Art 38, FC Void by reason of public policy
1. Collateral blood relatives, whether legitimate or
illegitimate, up to the 4th civil degree
2. Step-parents and step-children
3. Parents-in-law and children-in-law
4. Adopting parent and adopted child
5. Surviving spouse of the adopting parent and adopted child
6. Adopting parent and surviving spouse of the adopted child
7. Adopted child and legitimate child of the adopter
8. Adopted children of the same adopter
9. Parties where one, with the intent to marry the other,
killed that other persons spouse or his/her own spouse

Molina Guidelines:
1. The burden of proof to show the nullity of marriage
belongs to the Plaintiff. Doubts will be resolved in favor of
marriage & against nullity.
2. The root cause of the PI must be
i. Medically or clinically identified
ii. Alleged in the complaint
iii. Sufficiently proven by experts
iv. Clearly explained in the decision
3. The incapacity must be proven to be existing at the time of
the celebration of the marriage.
4. The incapacity must be medically/clinically permanent or
incurable. The incurability may be absolute or relative. The
incapacity must be relevant to the assumption of marital
obligations.
5. The illiness must be grave enough to bring about a
disability to assume the essential obligations of marriage.
6. The essential marital obligations referred to are those in
Art 68 to 71, FC and under Art 220, 221 & 225 of the FC. The
non-compliance must be stated in the petition, proven by
evidence, and included in the decision.
7. Interpretations of the National Appellate Matrimonial
Tribunal of the Catholic Church should be given great respect,
although not controlling.
8. The trial court must order the fiscal or solgen to appear as
counsel for the State. His opposition/agreement
must be state in the decision.
Effects of Nullity
1. Liquidation, partition, and distribution of the properties of
the spouses (Art. 43, FC)
2. Properties or their value that had been donated in
consideration of marriage by the innocent spouse to the
spouse in bad faith shall be revoked by operation of law (Art.
43, FC)
3. Innocent spouse may revoke the designation of the spouse
in bad faith as beneficiary in the formers life insurance policy
(Art .43, FC)
4. Spouse in bad faith shall be disqualified to inherit from the
innocent spouse even under a will or testament (Art. 43, FC)
5. If both spouses acted in bad faith, all donations by reason
of marriage from one to the other and all testamentary
provisions made by one in favor of the other are revoked by
operation of law (Art. 44, FC)
6. Conjugal dwelling and the lot on which it is built will be
given to the spouse with whom the common children choose
to remain, unless the parties agree otherwise (Art. 50, FC)
7. Children conceived or born before the judgment becomes
final are considered legitimate and their presumptive legitime
from each parent shall be delivered to them in cash, property,
or securities (Art. 51, FC)
8. Judgment, partition, and distribution of the properties of
the spouses, and the delivery of the childrens presumptive
legitimes shall be recorded in the appropriate civil registry
(Art. 52, FC)
9. After all the foregoing, the former spouses are free to
marry again (Art .53, FC)
10. Children conceived or born before the judgment of
annulment or absolute nullity of the marriage under Art. 36
has become final and executory shall be considered
legitimate. Children conceived or born of the subsequent
marriage under Art. 53 shall likewise be legitimate (Art. 54 FC)

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Art 50, FC: Effects of void marriage

1. Same as Art 43 (2, 3, 4, 5) and Art 44
2. Final judgment contains
a. Liquidation, partition, distribution of properties
b. Custody & support of children
c. Delivery of presumptive legitimes
3. Creditors of ACP/CP notified of liquidation proceedings
4. Conjugal dwelling & its lot adjudicated accordingly
a. Remains w/ spouse w/ whom majority of children
chooses
b. Children below 7 yrs to mother, XPN: court decision
c. If there is no majority, court shall decide
Art 51, FC: Delivery of presumptive legitimes
1. In the partition of properties, presumptive legitime of
children shall be computed from the final judgment of court
deliver in cash, property, or sound securities
2. Guardians/trustees may ask to enforce if the legitime is
not delivered as ordered by court
3. Considered as advances on their legitimes
Art 45, FC Grounds for Annulment
1. Age above 18 but below 21, w/o parental consent31
Rat: Once 21, freely cohabits
2. Either party was of unsound mind
Rat: Lucid interval/coming to reason, freely cohabits
3. Consent obtained through fraud
Rat: After knowledge of fraud, freely cohabits
4. Consent obtained by force, intimidation or undue influence
Rat: Its cause disappears, freely cohabits
5. Physically incapable of consummating the marriage
i. Exists at the time of marriage
ii. Continues
iii. Appears to be incurable
iv. Unknown to the other party
6. STD afflicted
i. Exists at the time of marriage
ii. Appears to be incurable
iii. Unknown to the other party
Art 46, FC Fraud
1. Nondisclosure of previous final conviction of a crime
involving moral turpitude
2. Concealment of wife of the fact that she was pregnant by
another man at the time of the marriage
3. Concealment of STD, regardless of nature, existent at the
time of marriage
4. Concealment of drug addiction, habitual alcoholism,
homosexuality or lesbianism existing at the time of the
marriage
Effects of Pending Decree/Action
1. The Court shall provide for the support of the spouses and
the custody and support of their common children. It shall
also provide for appropriate visitation rights of the other
parent (Art. 49, FC)
2. Conjugal dwelling and the lot on which it is built will be
given to the spouse with whom the common children choose
to remain, unless the parties agree otherwise (Art. 50, FC)
3. Children conceived or born before the judgment becomes
final are considered legitimate and their presumptive legitime

from each parent shall be delivered to them in cash, property,

or securities (Art. 51, FC)
4. Judgment, partition, and distribution of the properties of
the spouses, and the delivery of the childrens presumptive
legitimes shall be recorded in the appropriate civil registry
(Art. 52, FC)
5. After all the foregoing, the former spouses are free to
marry again (Art .53, FC)
6. Children conceived or born before the judgment of
annulment or absolute nullity of the marriage under Art. 36
has become final and executory shall be considered
legitimate. Children conceived or born of the subsequent
marriage under Art. 53 shall be legitimate (Art. 54, FC)
7. Children conceived before the decree annulling a voidable
marriage shall use the surname of the father (Art. 369, CC)
8. If the wife is the guilty party, she shall resume her maiden
name and surname. If she is the innocent spouse, she may
choose to continue employing her former husbands surname
unless the court orders otherwise or she of the former
husband is married again to another person (Art. 371, CC)
Art 43, FC Effect of termination of subsequent marriage
1. Children conceived before its termination are legitimate.
Custody & support shall be decided by courts in the proper
proceeding in case of dispute
2. ACP or Conjugal Partnership is dissolved
XPN: party in bad faith share forfeited in favor of:
- Common children
- If none, children of guilty spouse by previous marriage
- If none, innocent spouse
3. Donations by reason of marriage are valid
XPN: revoked by law: donation to guilty spouse
4. Innocent spouse may revoke designation of guilty spouse
as beneficiary in any insurance policy (even if irrevocable)
5. Spouse in bad faith disqualified to inherit from innocent
spouse
Art 49, FC Pendency of action, court provides:
1. Support of spouses & custody and support of common
children from the ACP/CP of spouses
2. Custody of children give paramount consideration to
their welfare & give them choice w/ whom they wish to
remain
3. Appropriate visitation rights
Art 55, FC Grounds for Legal Separation
1. Repeated physical violence or grossly abusive conduct
2. Physical violence or moral pressure to compel the
petitioner to change religious or political affiliation
3. Attempt to corrupt or induce to engage in prostitution OR
connivance in such corruption or inducement
4. Final judgment of imprisonment of more than 6 years
5. Drug addiction or habitual alcoholism
6. Lesbianism or homosexuality
7. Contracting of subsequent bigamous marriage
8. Sexual infidelity or sexual perversion
9. Attempt of the life
10. Abandonment

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Art. 56, FC: DEFENSES against legal separation:

1. Condonement
2. Consent
3. Connivance
4. Recimination
5.Prescription
Effects of Decree of Legal Separation
1. Spouses are entitled to live separately from each other
(Art. 63, FC)
2. Absolute community or conjugal partnership shall be
dissolved and liquidated, subject to the provisions of Art. 213,
FC (Art. 63, FC)
3. Custody of minor children shall be awarded to the innocent
spouse (Art. 63, FC)
4. Offending spouse shall be disqualified from inheriting from
the innocent spouse by intestate succession. Provisions in
favor of the
offending spouse made in the will of the innocent spouse
shall be revoked by operation of law (Art. 63, FC)
5. Innocent spouse may revoke donations made by him/her in
favor of the offending spouse, to be registered in the
registries of property
where they are located within 5 years from the time the
decree of legal separation has become final (Art. 64, FC)
6. Designation as beneficiary in any insurance policy can also
be revoked by the innocent spouse. Revocation of or change
in designation of
the insurance policy beneficiary shall take effect upon written
notification to the insured (Art. 64, FC)
7. Parental authority shall be exercised by the parent
designated by the court, taking into account all relevant
considerations especially the
choice of a child over 7 years old unless the parent chosen is
unfit. No child under 7 years old shall be separated from the
mother unless
the court finds compelling reasons to order otherwise (Art.
213, FC)
8. Wife shall continue using her name and surname employed
before the legal separation (Art. 372, CC)
Effects of Reconciliation
1. On personal relations
a. Resumption of cohabitation bilateral act requiring
common consent, not mere friendly relations
b. After recon, if spouse commits another/same act, can
file again
2. On the pendency of action [Art 66]
a. If pending will be terminated in whatever stage
b. Decree of LS set aside, issues a Decree of Reconciliation
*DR recorded in the proper civil registries and in the NSO
3. On property relations [Art 67]
a. Sep of property subsists unless spouses agree to
revive it
b. Revive former property/new regime agreement
under oath:
i. Properties contributed anew
ii. Properties retained as separate property
iii. Names & address of all CRs, amt due, liens held
c. Submitted to Ct in the same proceeding for LS
d. Scope of agreement & motion furnished to the CRs
e. Recorded in the ROP in the place of properties

f. Does not require publication of the proceedings

publish verified motion for revival of former property
regime or adoption of new one for 2 consecutive
weeks in a newspaper of general circulation

Separation in fact WILL NOT AFFECT the ACP, except that:

1. the spouse who abandons does NOT have the right to be
supported;
2. when the consent of the other spouse is required for
transactions, judicial AUTHORIZATION must be obtained;
3. if the ACP is INSUFFICIENT, the separate properties of the
spouses will be used for support, and the present spouse will
administer those separate properties upon judicial
declaration.
Separation in fact WILL NOT AFFECT the CPG, except that:
1. the spouse who abandons does NOT have the right to be
supported;
2. when the consent of the other spouse is required for
transactions, judicial AUTHORIZATION must be obtained;
3. if the CPG is INSUFFICIENT, the separate properties of the
spouses will be used for support, and the present spouse will
administer those separate properties upon judicial
declaration
Obligations between spouses
1. COHABITATION;
2. mutual LOVE, respect, and fidelity;
3. mutual HELP and support.
Multiple providers of support; order of priority
1. spouse;
2. descendants in the nearest degree;
3. ascendants in the nearest degree;
4. siblings
Multiple recipients of support
1. children, or spouse in the absence of children;
2. other descendants;
3. ascendants in the nearest degree;
4. siblings

39