Académique Documents
Professionnel Documents
Culture Documents
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
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
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
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
Fraud
Prescriptive Period
Party under 21
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
Impotence of one
party
Serious STD of one
party
Potent party
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
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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
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
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
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
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
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
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
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.)
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
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.
24
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
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
26
Dela Cruz v.
Dela Cruz
Case
People v.
Sansano
Ocampo v.
Florenciano
Sargent v.
Sargent
Brown v.
Yambao
Willan v.
Willan
Bugayong v.
Ginez
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
28
Laperal v.
Republic
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
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
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
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
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
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.
32
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))
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
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
None
ACP or CPG
Legitimate
Legitimate
Legitimate
Imprescriptible
Illegitimate
Except those conceived
under Art. 36 and 53
None
33
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
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,
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
35
Law is silent
Will not prejudice the rights of creditors who acted in good faith
36
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)
37
38
39