RALacasandile
number of days the specific month
PERSONS and
FAMILY RELATIONS
Patterned from the syllabus of Atty. Lilibeth Libiran.
Based on the books of Paras, Sta. Maria and Pineda
*LEY- specific or material concept; law as a rule of
conduct
*DERECHO- general or abstract science of law; it is
the given, considered as an effect.
Ley gives body to derecho.
LAW- It is a rule of action promulgated by competent
authority for the common good.
RA 386: Civil Code of the Philippines
-effectivity: August 30, 1950 or 1 year after the
publication in the Official Gazette (Lara vs. Del
Rosario)
Effectivity of Laws
Art. 2: Laws shall take effect fifteen days following
the completion of their publication in the Official
Gazette, unless it is otherwise provided.
The publication and the 15-day period
requirements are intended to enable the people to
become familiar with the statute. The publication
must be in full or it is not publication at all since its
purpose is to inform the public of its contents.
(Taada vs. Tuvera)
NOTE: if the law provides for a different period
shorter or longer than the 15-day period, then such
shorter or longer period will prevail. If the law
provides that it shall take effect immediately after
publication with the 15-day period being dispensed
with.
NEWSPAPER OF GENERAL CIRCULATION
1. Circulation is made within the courts
jurisdiction
2. Published at regular intervals
3. For dissemination of local news and
general information
4. With bona fide subscription of list of paying
subscribers
5. Not devoted to interest or published for
entertainment of particular class,
profession, trade or religious
denomination.
Computation of Time
* Exclude the first day, include the last day.
*Revised Administrative Code, Section 31:
YEAR- 12 calendar months
MONTH- 30 days, unless it refers to a
specific calendar month in which case it
shall be computed according to the
contains
DAY- 24 hours
NIGHT- from sunset to sunrise.
NOTE: If the period arises by statute or orders by the
government, the last day being a legal holiday or a
Sunday, will automatically be considered the next
working day.
If the period arises from a contractual relationship,
the act will still be due on that Legal holiday or
Sunday.
Presumption of Knowledge of the Law
Ignorantia lexis non excusat
Art. 3: Ignorance of the law excuses no one from
compliance therewith.
To allow a party to set up a defense that the fact
that he has no actual knowledge of a law which he
has violated is to foment disorder in the society.
NOTE: Article 3 applies only to mandatory and
prohibitory laws. (Consunji vs. CA, April 20, 2001)
*Ignorance of Law- want of knowledge
with the laws of the land insofar as they apply to the
act, relation, duty or matter under consideration.
*Ignorance of fact-want of knowledge of
some facts constituting or relating to the subject
matter in hand.
Non-Retroactivity of laws
Art. 4: Laws shall have no retroactive effect,
unless the contrary is provided.
Lex prospicit, non respicit
GR: prospective application
Exceptions:
1. Law expressly provides for retroactivity
2. Remedial statutes
3. Curative statutes
4. Laws interpreting others
5. In case of laws creating new rights
6. Penal laws favorable to the accused.
Mandatory and prohibitory laws
*Mandatory Laws- one the omission of which
renders the proceeding or acts to which it relates
generally illegal or void.
*Prohibitory Laws- contains positive prohibitions
and are couched in the negative terms importing
that the act required shall not be done otherwise
than designated. (Acts committed in violation of
prohibitory laws are likewise void.)
NOTE: If the law expressly provides for the validity of
acts committed in violation of a mandatory or
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 RALacasandile

prohibitory provision of a statute, such act shall be *Declaration of Unconstitutionality

considered valid and enforceable.
Waiver of Rights
*Waiver- the relinquishment of a known right.
NOTE: Waivers are not presumed, but must be
clearly and convincingly shown, either by express
stipulation or acts admitting no other reasonable
explanation.
It is essential that a right, in order that it may be
validly waived, must be in existence at the time of
the waiver; and must be exercised by a duly
capacitated person actually possessing the right to
make the waiver.
Supremacy of the Constitution:
The Constitution is the supreme,
organic and fundamental law of the land. It
is axiomatic that no ordinary statute can
override a constitutional provision.
Presumption of Validity:
In deciding the constitutionality
of a statute, every presumption favors the
validity of the same and whenever
possible, statutes should be given a
meaning that will not bring them in conflict
with the Constitution.
Judicial Construction and Interpretation

EXCEPTIONS: Art. 8: Judicial decisions applying or interpreting

1. If the waiver is contrary to law, public the laws or the Constitution shall form part of the
order, public policy, morals or good legal system of the Philippines.
customs.
2. It prejudices a third person
*Judicial decisions of the Supreme Court are
3. The alleged rights do not yet exist
authoritative and precedent-setting, while those of
4. The right is a natural right.
the inferior courts and the CA are merely persuasive.
How laws lose their effectivity
NOTE: The application and interpretation placed by
*Repeal- the legislative act of abrogating through a
the SC upon a law is part of the law as of the date of
subsequent law the effect of a previous statute or
the enactment of said law, since the Courts
portions thereof.
application and interpretation merely established
1. Implied Repeal- a new law contains
contemporaneous legislative intent that the
provisions contrary to or inconsistent with
construed law purports to carry into effect. (People
those of a former without expressly
vs. Licera)
repealing them.
2. Express Repeal- a repeal literally declared
*Stare Decisis- means stand by decisions and do not
by a new law, either in specific terms, as
move that which is still. It is the adherence to
where particular laws and provisions are
precedents for reasons of stability in the law.
named and identified and declared to be
*Law of the case-
repealed; or in general terms, as where a
*Obiter Dictum-opinions not necessary to the
provision in a new law declares all laws and
determination of the case. They are not binding and
parts of laws inconsistent therewith to be
cannot have judicial precedents
repealed.
*Ratio Decidendi- refers to the principles used by a
court to compose the rationale of a particular
EFFECT OF REPEAL OF REPEALING LAW ON LAW judgment. As a general rule, binding on courts of
FIRST REPEALED. lower jurisdictionthrough the doctrine of stare
First Second Third EFFECT decisis.
Law Law Law
Duty of the Courts to decide
Expressly Repealed The first law is
repealed the NOT REVIVED.
the first law second Art. 9: No judge or court shall decline to
law Unless render judgment by reason of the silence,
expressly so obscurity or insufficiency of the laws.
provided *Dura lex, sed lex: The law may be harsh but it is the
Impliedly Repealed The first law is law.
repealed the REVIVED *Interpret not by the letter that killeth but by the
the first law second spirit that giveth life.
law Unless the law
provides
otherwise

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 RALacasandile

Judicial Aids: *Domiciliary Principle- The law of the domicile is the

1. If the law is ambiguous, use stare decisis or
legal precedence
2. If there are no stare decisis, the judge may
refer to the decisions of foreign courts or
opinions of learned jurists.
3. Use the legislative intent which is
presumed to be the interpretation that
intended right and justice to prevail. (Art10,
Civil Code)
4. Applicability of customs
*Customs- rule of human action established by
repeated acts and uniformly observed or practiced
as a rule of society, thru the implicit approval of the
lawmakers, and which is therefore generally
obligatory and legally binding.
proper determinative law on status and capacity
III. Law on Property
*Situs Theory (Lex rei sitae/Lex situs) - The property
should be governed by the law of the place where
the property is situated or located.
EXCEPTION: In the case of successional rights to real
property, what should control is the national law of
the deceased. (Art 16, par.2, Civil Code)
*RENVOI It literally means referring back. It arises
where our laws refers a case to another country for
solution, but the law of that country refers it back to
our country for determination.

Requirements: In Aznar vs. Garcia, the decedent was a citizen of

1. Alleged as an ordinary fact
2. Not against public policy, public order,
morals or law
3. There must be a juridical intention to make
a rule of social conduct.
4. There must be a sufficient lapse of time
5. Proven by plurality and uniformity
California who resided in the Philippines. The
problem was that under the Philippine law, the
national law of the decedent shall govern. On the
other hand, under the California law, the law of the
state where the decedent has his domicile shall
govern. The Supreme Court accepted the referral by
the California law and applied the Philippine law.
[Single Envoi]

Application of Laws
IV. Forms, Solemnities of Contracts and
I. Penal laws and Laws on Public Security Wills
and Safety *Lex Loci Celebrationisthe formal requirements of
*Principle of Generality- Laws shall be obligatory contracts, wills and other public instruments are
upon all who live or sojourn in the Philippine governed by the country in which they are executed.
territory.
-This is subject to the principles of public Suppletory Effect of the Civil Code
international law and to treaty stipulations.
Art. 18: In matters which are governed by
*Principle of Territoriality- Penal laws take effect the Code of Commerce and special laws,
only within the limits of the Philippine territory. It their deficiency shall be supplied by the
cannot penalize a crime committed outside the provisions of this Code.
country.
EXCEPTIONS:
1. Principle of Ex-territoriality: Penal laws
apply to offenses committed within the
premises of the Philippines which are
considered extensions of the Philippine
territory, i.e. offices of diplomats and
ambassadors
2. Principle of Extra-territoriality: Penal laws
apply or is bonding on crimes even
committed outside the Philippines.

II. Laws on Family Rights and Duties,

Status, Condition and Legal Capacity of
Persons
*Nationality Principle- The status and capacity of an
individual are generally governed by the law of his
nationality.

3

HUMAN RELATIONS
RIGHT- a legally enforceable claim of one person against
another, that the other shall do a given act, or shall not
do a given act.
OBLIGATION- a legal and/or moral duty
DAMAGE- the amount of money awarded by the court to
compensate for the loss or injury suffered
INJURY- legal wrong to be redressed
Principle of Abuse of Right
Art. 19: Every person must, in the exercise of his
rights and in the performance of his duties, act
with justice, give everyone his due and observe
honesty and give faith.
Elements:
1. There is a legal right
2. The exercise of such right in bad faith
3. Intent to prejudice others.
*Actionable Wrong
Requisites:
1. There is an injury, loss or damage suffered by a
person
2. Such injury, loss or damage is the proximate
cause of anothers act or omission
3. Such injury, loss or damage requires
compensation or reparation
Note: He who uses a right injures no one. No person
could be held liable for damages caused to another by the
formers exercise of a right.
*Damnum absque injuria- Damage without prejudice; if the
damage results from exercise of legal rights, there is
damnum absque injuria.
*Volenti non fit injuria- There is no injury to one who
consents; a person who knowingly and voluntarily risks
danger cannot recover for any resulting injury.
Art. 20: Every person who, contrary to law, willfully or
negligently causes damage to another, shall indemnify
the latter for the same.
If someone be damaged, he does not necessarily have the
right to be indemnified. It is essential that some right of his
be impaired.
Acts Contra Bonos Mores
Art. 21: Any person who willfully causes loss or injury
to another in a manner that is contrary to morals, good
customs or public policy shall compensate the latter
for the damage.
Damages are recoverable even through no
positive law has been violated, but it is necessary that the
act should have been willfully done and more it is contrary
to morals, good custom or public policy.
*BREACH OF PROMISE TO MARRY
GR: not actionable
Except:
1. Moral damages, in case of criminal or moral
seduction (use of deception, enticement,
superior power or abuse of confidence)
RALacasandile
2. Actual damages for recovery of wedding
expenses
Unjust Enrichment
Art. 22: Every person who through an act or performance
of another, or any other means, acquires or comes into
possession of something at the expense of the latter
without just or legal ground, shall return the same to him.
Art. 23: Even when the act or event causing damage to
anothers property was not sue to the fault or negligence
of the defendant, the latter shall be liable for indemnity if
through the act or event he was benefitted.
No person should unjustly enrich himself at the
expense of another.
*Accion in rem verso- recovery of what has been paid
without just cause.
Requisites:
1. Defendant has been enriched.
2. Plaintiff suffered a loss
3. Enrichment of defendant is without just or legal
ground.
4. Plaintiff has no other action based on contract,
quasi-contract, crime or quasi-delict.
*Solutio Indebiti- The juridical relation which arises
whenever a person unduly delivers a thing through mistake
to another who has no right to demand it. (Art. 2154, NCC)
Requisites:
1. There must be payment or delivery made by one
person to another
2. The person who made the payment or delivery
was under no obligation to do so
3. The payment was made by mistake.
Doctrine of Parens Patriae
Courts are directed to be wary and cautious as not to
neglect the extra protection needed by the disadvantaged
and the handicapped.
Protection of the Underdog- It is not necessary
that they always win. The courts must ensure
that they must be properly represented by an
independent and competent counsel.
Social Justice
Thoughtless Extravagance
*Elements:
1. Thoughtless extravagance in expenses
2. Merely for pleasure or display
3. There is a period of acute public want or
emergency
4. The case is filed in court by a governmental
institution or private charitable institution.
Right to Privacy
Every person shall respect the dignity, personality, privacy
and peace of mind of his neighbors and other persons.
(Art.26, Civil Code)
1. Prying into the privacy of anothers residence
2. Meddling with or disturbing the private life or family
relations of another.
3. Intriguing to cause another to be alienated from his
friends
4

4. Vexing or humiliating another on account of his
religious beliefs, lowly station in life, place of birth,
physical defect, or other personal conditions.
Refusal or neglect of public servant to perform duties
(Art.27)
*Nonfeasance The omission of an act which a person
ought to do.
*Misfeasance the improper doing of an act which a
person might lawfully do.
*Malfeasance the doing of an act which a person ought
not to do at all.
Requisites for liability:
1. The defendant is a public official charged with
the performance of official duties.
2. There is a violation of an official duty in favor of
an individual.
3. There is willfulness or negligence in the violation
of such official duty.
4. There is injury to the individual.
Unfair Competition (Art. 28)
Agricultural enterprises
Commercial enterprises
Industrial enterprises
Labor
*Test of Unfair Competition: Whether certain goods have
been intentionally clothed with an appearance which is
likely to deceive the ordinary purchasers exercising
ordinary care. (Pro Line Sports Center vs. CA, 1997)
Action for damages based on crime/delict
*Art29: Civil Action not barred by acquittal
-When the in a criminal prosecution is acquitted on the
ground that his guilt has not been proved beyond
reasonable doubt, a civil action for damages for the same
act or omission may be instituted.
Art.100, RPC: A person criminally liable is also civilly liable.
SEPARATE CIVIL ACTION
*Art.30: A separate civil action may be brought to
demand civil liability arising from a criminal offense even if
no criminal proceeding is instituted.
*Art.35: A civil action may also be brought even if no
independent civil action and criminal action have been
instituted.
Suspension of Separate Civil Action
(Rule 111, Section 2, Rules of Criminal Procedure)
After the criminal action has been commenced, the
separate civil action arising therefrom cannot be instituted
until final judgment has been entered in the criminal action.
If the criminal action is filed after the said civil action
has already been instituted, the latter shall be suspended in
whatever state it may be found before judgment on the
merits. The suspension shall last until final judgment is
rendered in the criminal action.
Effect of acquittal on civil liability
a) If based on reasonable doubt: EXTINGUISHED
b) If due to justifying circumstances:
EXTINGUISHED; except avoidance of greater evil
c) If due to exempting circumstances: REMAINS
RALacasandile
Effect of Death (Art 89, RPC)
1. Before judgment: EXTINGUISHED
2. After judgment: Pecuniary liabilities SURVIVES
GR: Death pending appeal EXTINGUISHES his criminal
liability as well as the civil liability based on the offense
EXCEPT: The claim for civil liability survives if the same may
be predicated on a source of obligation other than the crime.
Independent Civil Action
-one that is brought distinctly and separately from a
criminal case allowed for considerations of public policy,
because the proof needed for civil cases is less than that
required for criminal cases.
I. Based on other sources of obligation (Art.31)
Law
Contract
Quasi-contract
Quasi-delict
II. Action in defamation, fraud, physical injuries (Art.33)
Note: The three terms are used in their generic sense.
Defamation (or libel, slander or intrigue against
honor)
Fraud (or estafa or swindling)
Physical Injuries (including consummated,
frustrated and attempted homicide or murder so
long as there was physical injury)
III. Action for violation of constitutional rights (Art.32)
*Who can be made liable?
1. Any public officer or employee
2. Any private individual even if he be in good faith
3. Judges, only when the act or omission is a crime
IV. Action against city or municipal police who refuses or
fails to render aid or protection (Art.34)
*Primary Liability: Police who refuses/fails to give aid or
protection
*Subsidiary Liability: City or municipality concerned in case
of insolvency
Note: The defense of due diligence in the selection and
supervision cannot be used, as this applies only to private
employees.
Prejudicial Question
-One which must be decided first before a criminal action
may be instituted or may proceed because a decision
therein is vital to the judgment in the criminal case.
Requisites:
1. The civil case involves facts intimately related to
those upon which the criminal prosecution would
be based.
2. In the resolution of the issues raised in the civil
action, the guilt or innocence of the accused
would necessarily be determined
3. Jurisdiction to try said question must be lodged in
another tribunal.
*Section 6, Rule 111, Rules of Criminal Procedure
Effect: Suspension of the criminal action in cases where
there is prejudicial question to be determined in a civil case.
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PERSONS and 5. Prodigality

6. Family relations
CIVIL PERSONALITY 7. Alienage
8. Absence
*Person- any being, natural or artificial, capable of
9. Insolvency
possessing legal rights and obligations.
10. Trusteeship
Kinds of Persons:
IV. Death
1. Natural Persons
2. Juridical persons Art. 42: Civil personality is extinguished by death.

Juridical Capacity- the fitness to be the subject The effect of death upon the rights and
obligations of the deceased is determined by law,
of legal relations by contract and by will.
Capacity to Act- the power to do acts with legal
effect V. Survivorship

Juridical Capacity Capacity to act

Art. 43: If there is doubt, as between two or more
Passive Active persons who are called to succeed each other, as
Inherent Merely acquired to which of them died first, whoever alleges the
Lost only through Lost through death death of one prior to the other, shall prove the
death and may be restricted same; in the absence of proof, it is presumed that
they died at the same time and there shall be no
by other causes transmission of rights from one to the other.
Can exist without Exists always with
capacity to act juridical capacity
Section 5 (jj), Rule 131, Rules of Court:
Natural Persons Presumption of Survivorship
I. Presumptive Civil personality
-Personality does not begin at birth; it begins at 1. Both under 15 years old: OLDER survives
conception. This personality at conception is called 2. Both above 60 years old: YOUNGER survives
presumptive personality. 3. One under 15 and the other is above 60:
Art. 40: Birth determines personality; but the YOUNGER survives
conceived child shall be considered born for all 4. Both be over 15 and under 60, and sex differs:
purposes that are favorable to it, provided it be
MALE survives
born later with the conditions specified in the
following article. 5. One is under 15 or over 60, and the other
between those ages: the latter is presumed to
II. Birth (Art. 41) have survived.
1. Ordinary- with an intra-uterine life of at
least 7 months; mere birth is sufficient
2. Extraordinary- the intra-uterine life be less Juridical Persons
than 7 months; the child must have lived
for at least 24 hours after its complete Kinds of Juridical Persons
delivery from the maternal womb. 1. Public Juridical Persons- which includes the
state and public corporations i.e. LGUs
III. Restrictions and Modification on Capacity to Act 2. Private Juridical persons- like private
*Restrictions in capacity to act (Art38) corporations, partnerships and
1. Minority foundations
2. Insanity or imbecility
3. State of being a deaf-mute Rights of Juridical Persons (Art. 46)
4. Prodigality 1. To acquire and possess property of all kinds
5. Civil interdiction 2. To incur obligations
a. To have parental authority 3. To bring civil and criminal actions
b. To be the guardian of the person and
property of a ward
c. To dispose of his property by an act
inter vivos like donations
d. To manage his property

*Modification/Limitations on capacity to act (Art39)

1. Age
2. Insanity
3. State of being deaf-mute
4. Penalty
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DOMICILE 3. Domicile of origin is not easily lost. To

successfully effect a change of domicile,
*Domicile- the place where a person has certain
one must demonstrate:
settled, fixed, legal relations.
a) An actual removal or an actual
*Residence-the physical relationship of a person to a change of domicile
place b) A bona fide intention of
abandoning the former place of
Domicile Residence residence and establish a new
More or less permanent Temporary one
Only one domicile A person may have c) Acts which correspond with the
several places of purpose.
residence
Fixed permanent Denoted a place of
residence to which abode Art. 50: For the exercise of civil rights and the
fulfillment of civil obligations, the domicile of
when absent, one has
natural persons is the place of their habitual
the intention of residence.
returning
It is residence coupled Residence is NOT
with the intention to domicile. Rules on determining the domicile of juridical
remain for an unlimited persons: (Article 51)
time 1. Get the domicile provided for in the law
creating or recognizing them, or in their
Kinds of Domicile articles of agreement.
1. Domicile of origin- acquired at birth 2. If not provided for, get the place:
2. Constructive Domicile- that which is Where their legal representation
assigned by law on account of a legal is established; or
disability caused for instance by minority, Where they exercise their
insanity or marriage in the case of a principal functions.
woman.
3. Domicile of choice- that to which whenever
he is absent, he intends to return.

Rules for the Domicile of Origin

1. Legitimate child: domicile of choice of the
father at the moment of birth of the child.
2. Illegitimate child: domicile of choice of the
mother at the time of birth of the child
3. Legitimated child- domicile of the father the
time of birth of the child
4. Adopted child- domicile of the real parents
of the child
5. Foundling- country where it was found.

*Marcos vs. COMELEC (1995)

Principles:
1. For political purposes, residence is used
synonymously with domicile, which
imports not only the intention to reside in
a fixed place, but also personal presence in
that place, coupled with conduct indicative
of such intention.
2. An individual does not lose his domicile
even if he has lived and maintained
residences in different places. The absence
from legal residence and domicile to
pursue a profession, to study or to do other
things of a temporary or semi-permanent
nature does not constitute loss of
residence.

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 RALacasandile

FAMILY CODE of the Presumption in favor of existence and validity of

marriage
PHILIPPINES The presumption is that a man and a woman
conducting themselves as husband and wife are
*Date of Effectivity: August 3, 1988
legally married. This legal presumption may be
rebutted by evidence showing that marriage did not
*Retroactive application (Art.256, FC)
actually take place.
- It shall have retroactive effect insofar as it does not
Although a marriage certificate is considered
prejudice or impair vested right in accordance with the
primary evidence of marriage, the failure to present
Civil Code and other laws.
it is no proof that no marriage took place. The
respondents proved through testimonial evidence
Vested Right- It is an immediate fixed right of
that Gavino and Catalina were married. The law
present and future enjoyment. It is a right in
favors the validity of marriage because the State is
property which has become fixed and
interested in the preservation of the family and the
established and is no longer open to doubt or
sanctity of it is a matter of constitutional concern.
controversy.
(Balogbog vs CA, 1997)

Marriage

Art.1: Marriage is a special contract of Requisites of Marriage:

permanent union between a man and a A. Essential Requisites
woman, entered into in accordance with the 1) Legal Capacity of the contracting parties
law for the establishment of conjugal and who must be a male and a female
family life. It is the foundation of the family Age- at least 18 years old
and an inviolable social institution whose Gender- a male and a female
nature, consequences, and incidents are Absence of other legal impediment:
governed by law and not subject to not incestuous, no prior subsisting
stipulation, except that marriage marriage, not a void marriage by
settlements may fix the property relations reason of public policy
during the marriage within the limits 2) Consent freely given in the presence of the
provided by this Code. solemnizing officer
Not vitiated by any vices of consent
The Constitution is committed to the policy
of strengthening the family as a basic social
*Effect of absence of essential requisites: VOID AB
institution. Our family law is based on the policy that
INITIO
marriage is not a mere contract, but social institution
*Effect of defect of essential requisites: VOIDABLE
in which the State is vitally interested. (Tuazon vs.
CA, 256 SCRA 160)
B. Formal Requisites
1) Authority of the solemnizing officer
Marriage Ordinary Contract *Marriage may be solemnized by:
A special contract A mere contract a. Members of the Judiciary
Governed by law Based on agreements -can exercise only within their
of the parties respective territorial jurisdiction.
An inviolable social Not b. Religious Solemnizers (priest/ rabbi/ imam/
institution minister)
Not subject to Subject to stipulation Must be duly authorized by their
stipulation except respective churches or sects
marriage settlements Duly registered with Office of
Legal capacity is Minors may contract Civil registrar general
required thru parents or Act within the limits of their
guardians written authority from their
Parties: a male and a Difference of gender is churches or sect
female immaterial At least one of the contracting
Terminated by: Expiration of term parties belongs to the
Death Fulfillment of solemnizing officers church or
Declaration of nullity condition sect.
Annulment Rescission c. Ship captains or airplane pilots
Mutual agreement -only in marriages in articulo mortis
between passengers or crew
members while the ship is at sea or the
plane is in flight or during stopovers at

8
ports of call.

d. Military commanders
-only in marriages in articulo mortis
between persons within the zone of
military operation, and the assigned
chaplain be absent.
e. Consul-general, Consul, Vice-consul
-only between Filipinos abroad who
need not be permanent residents
therein.
f. Mayors (Local Government Code)
2) Marriage license
-This is the written permission issued by the civil
registrar to the contracting parties authorizing their
marriage before any authorized solemnizing officer.
The contracting parties should get a marriage license
from the local civil registrar of the city or municipality
where either of them resides.
A license issued in a place
different from their residence does not
invalidate the marriage. However, if the
application for license was made in bad
faith in the improper civil registry, the
parties can be held criminally liable. If the
registrar is also at fault, he can be charged
criminally and administratively.
*Effectivity of License: for 120 days from the date of
issue; valid in any part of the Philippines; deemed
automatically cancelled at its expiration date if the
parties have not made use of it.
*PARENTAL CONSENT
-needed if the parties are between 18 and 21 years old
- The consent must be manifested in writing or in the
form of an affidavit witnessed by 2 persons and duly
attested by an official authorized to administer oath.
*PARENTAL CONSENT
-needed if the parties are between 21 and 25 years old
If advice was unfavorable, the issuance of
the license will be suspended for 3months following
the completion of the publication of the applications
therefor.
If the parties deliberately refused to obtain
parental advice, the marriage license must not be
issued.
*CERTIFICATE of MARRIAGE COUNSELLING
-additional requirement in case where parental
consent or advice is needed, to be attached to the
application for marriage license
Failure to do so will cause the suspension of
the issuance of the marriage license for 3months
from the completion of the publication of the
application.
RALacasandile
MARRIAGES EXEMPT FROM MARRIAGE LICENSE
REQUIREMENT:
1. In articulo mortis or at point of death (A.27)
2. Marriages in remote places (A.28)
3. Between Muslims or among members of
the ethnic cultural communities (A.33)
4. Convalidation of cohabitation (A.34)
5. Solemnized outside the Philippines when
no marriage license is required by the
country where it was solemnized.
*Affidavit in lieu of Marriage License (A.29)
-in cases provided in 1 and 2
*Legal Ratification of Marital Cohabitation (A.34)
The parties must have lived as husband and
wife for at least 5years
-5years immediately before the
day of the marriage,
characterized by exclusivity and
continuity-- no third party was
involved at any time, and is
unbroken)
There is no legal impediment to marry each
other during this period
An affidavit be executed by the parties
stating the foregoing facts
The solemnizing officer shall also state
under oath that he ascertained the
qualifications of the parties and found no
legal impediment to the marriage.
3) Marriage ceremony
It takes place with the appearance of the
parties before the solemnizing officer and
their personal declaration that they take
each other as husband and wife in the
presence of not less than 2 witnesses of
legal age. (Art.3,par.3, FC)
No prescribed form for the solemnization
of the marriage is required, however the
parties must appear personally before the
solemnizing officer. (Art.6,FC)
o No proxy marriage!
VENUE: Art.8, FC
Solemnized publicly in the
chambers of the judge
In open court
Church, chapel or temple
Office of consul-general, consul
or vice-consul
Where both of the parties
request the solemnizing officer in
writing, in which case the
marriage may be solemnized at a
house or place designated by
them in a sworn statement to
that effect.
*Absence of formal requisites: VOID AB INITIO
9

*Irregularity of Formal requisites: NOT AFFECT THE
VALIDITY OF THE MARRIAGE, but the party
responsible for the irregularity shall be civilly,
criminally and administratively liable. (Three-fold liability)
MARRIAGE CERTIFICATE
*Contents:
1. Full name, sex, age of the parties
2. Citizenship, religion and habitual residence
3. Date and time of celebration of marriage
4. That proper marriage license has been issued
according to law
5. Either or both secured parental consent or
parental advice
6. That they entered into marriage settlement,
if any, attaching a copy thereof.
*While a marriage certificate is not an essential
element of marriage, it is the best evidence of the
existence of the marriage. (Villanueva vs CA, 198
SCRA 472)
Marriages celebrated abroad
GR: If valid there, valid here in the Phils.
(Lex loci celebrationis)
EXCEPT:
1. No legal capacity to marry
2. Consent of one is lacking because of mistake
as to the identity of the other.
3. Highly immoral (bigamous, polygamous)
4. Universally incestuous
5. Void marriages due to psychological
incapacity
6. Void marriages for reasons of public policy
under Article 38, FC.
Foreign Divorce
Art. 26, par.2: Where a marriage between a
Filipino and a foreigner is validly celebrated,
and a divorce is thereafter validly obtained
abroad by the alien spouse capacitating him
or her to marry, the Filipino spouse shall
likewise have the capacity to remarry under
Philippine laws.
PRINCIPLES:
Divorce is not recognized in the Philippines if
directly obtained by Filipinos. A subsequent
marriage will be void. Filipinos are bound by
Philippine laws. (Dacasin vs. Dacasin, 611 SCRA
657)
The determinative point when the foreigner who
procured the divorce should be a foreigner is at
the time of the divorce and not at the time of the
marriage ceremony. (Rep vs. Orbecido, Oct.5,
2005)
RALacasandile
The presentation solely of the divorce decree is
not enough. Proof must be presented to establish
the authenticity and due execution of the divorce
decree. (Garcia vs. Recio, Oct.2, 2001)
The alien spouse can claim no right under the
second paragraph of Article 26, FC as the
substantive right it established is in favor of the
Filipino spouse. (Corpuz vs. Sto. Tomas,
Aug.11,2010)
Void Ab Initio Marriages
1. Parties below 18 years old
2. Solemnized by person without authority
3. No marriage license
4. Bigamous/ Polygamous marriages
5. Mistake in identity
6. Void subsequent marriages under A.53
7. Incestuous marriages
8. Void by reason of public policy
9. Psychological Incapacity
I. Lack of authority of solemnizing officer
The authority of the solemnizing officer is a
formal requisite; its absence will render the marriage
void. However if the parties were of honest belief or
in good faith that the solemnizing officer is
authorized to solemnize the marriage, the marriage
is valid. Thus, the marriage certificate cannot be
denied registration by the Civil Registry whose duty
is ministerial.
II. Bigamous/polygamous marriages
-marriage contracted during the subsistence of a
valid marriage.
A previously married person who is contracting a
subsequent marriage on the basis that the previous
marriage is void can only do so legally if there is
already a final judgment declaring such previous
marriage as void.
But for purposes other than remarriage,
there is no need for a previous declaration
of nullity of the marriage.
EXCEPTION: A bigamous marriage may be
considered valid if, prior to the subsequent marriage
and without prejudice to the effect of the
reappearance of the other spouse, the present
spouse obtains a judicial declaration of presumptive
death via a summary proceeding in a court of
competent jurisdiction.
*Absence:
a) Ordinary absence: 4 consecutive years
b) Extraordinary absence/ in danger of death:
2 years
10

*Effect of Reappearance: Termination of the
subsequent marriage
The subsequent marriage is automatically
terminated without any need of judicial
pronouncement upon the recording of the affidavit
of reappearance of said absent spouse. The only
exception is when the previous marriage with the
absent spouse had been judicially annulled or
declared void ab initio in the meantime.
NOTE: Mere reappearance is not
sufficient to revive the first
marriage.
Effect of termination of subsequent marriage (A.43)
1. Children conceived prior to the termination
of the subsequent marriage, although born
thereafter are legitimate.
2. Absolute community or conjugal
partnership of gains shall be dissolved and
liquidated.
If one acted in bad faith, his share in the net
profits shall be forfeited in favor of: (Order)
a. Common children
b. Children of the guilty spouse by a
previous marriage
c. Innocent spouse.
3. Donations by reason of marriage shall
remain valid unless the done acted in bad
faith, in which case, the donations are
revoked by operation of law.
4. Revocation of designation of the guilty
spouse as beneficiary of the innocent
spouse in an insurance policy even if the
designation is irrevocable.
5. Guilty spouse is disqualified to inherit from
the innocent spouse.
6. When both spouses are in bad faith, all
donations by reason of marriage and
testamentary dispositions made by one in
favor of the other are revoked by operation
of law. (A.44, FC)
III. Mistake in identity
This ground goes into the very essentials of a valid
marriage as there is complete absence of consent,
thereby rendering the marriage void ab initio.
The important thing to remember is that the
contracting party absolutely did not intend to marry
the other, as the same is not the person he knew
before the marriage.
Note: This only covers the actual physical
identity of the other party; NOT mistake in
the name, character, age, religion & social
standing.
IV. Void Subsequent Marriages
After termination of the marriage, either spouse may
marry another. If either of them contracted a
subsequent marriage without recording the matters
mentioned in Art.52, the subsequent marriage is null
and void.
RALacasandile
Note that entering into a contract of marriage
knowing that the requisites of the law were not
complied with makes the party liable for criminal
prosecution under Art. 350, RPC.
*Art.52, FC: The judgment of annulment or of
absolute nullity of the marriage, the 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 and registries of
property; otherwise the same shall not affect
third persons.
V. Incestuous Marriage
-marriages between close relatives by blood,
whether the relationship is legitimate or illegitimate
a) Between ascendants and descendants of
any degree
b) Between brothers and sisters, whether of
the full or half blood.
-Rationale: It debases the family, violate morals and
decency. There is a scientific opinion that such
intermarriages often results in a deficient and
degenerate offspring.
VI. Void by reason of public policy (A.38)
1. Between collateral blood relatives,
whether legitimate or illegitimate, up to 4th
civil degree
2. Between step-parents and step-children
3. Between parents-in-law and children-in-law
4. Between the adopting parent and the
adopted child
5. Between surviving spouse of the adopting
parent and the adopted child
6. Between the surviving spouse of the
adopted child and the adopter
7. Between an adopted child and a legitimate
child of the adopter
8. Between adopted children of the same
adopter
9. Between parties where one, with the
intention to marry the other, killed that
other persons spouse, or his or her own
spouse.
VII. Psychological Incapacity.
Psychological incapacity should refer to no less
than a mental incapacity that causes a party to be
truly incognitive of the basic marital covenants that
concomitantly must be assumed and discharged by
the parties to the marriage.
It is the intendment of the law that it be confined to
the most serious cases of personality disorders
clearly demonstrative of an utter insensibility or
inability to give meaning and significance to the
marriage. (Santos vs CA, January 4, 1995)
11
 RALacasandile

Psychological Mental Action for declaration of nullity of marriage

Incapacity Incapacity AM No. 02-11-10-SC
Not necessarily a A sickness
sickness Who may file? Solely by the husband or wife
Incurable Curable Where? Family Court
A ground for nullity of A ground only for Prescriptive period: None. Imprescriptible
marriage annulment What to allege? The complete facts showing
Not a vice of consent Vice of consent psychological incapacity to comply with the
Consent is freely given Consent is vitiated essential marital obligations, at the time of
Problem is in the will; Problem is in the mind; celebration of marriage even if it becomes manifest
subject knows the the subject does not only after its celebration.
Appearance of the State: The role of the
obligations but does know the obligations
not fulfill them to be fulfilled prosecuting attorney or the fiscal is to determine
whether collusion exists between the parties and to
Not subject to May be ratified
take care that the evidence is not suppressed or
ratification
fabricated.
No prescriptive period Any time before the
Support pending action: The Court shall provide for
death of either party
the support of the spouses and their common
children. The Court must also consider the custody
Characteristics
of the child taking into consideration the best
1. Gravity
interest of the child. The unchosen parent shall be
-that the party cannot carry out the ordinary
given visitation rights to the children.
duties required in marriage life.
2. Juridical Antecedence
Effects:
-rooted in the past history of the party 1. Dissolution of the absolute community of
antedating the marriage although the overt
property or conjugal partnership;
manifestations may emerge only after the forfeiture if the share of the spouse in bad
marriage
faith in the net profits thereof;
3. Incurability 2. Ante-nuptial donations are valid, except if
the done acted in bad faith in which case
Guidelines (Republic vs. CA, Molina) donations are revoked by operation of law
1. The burden of proof to show the nullity of 3. If the spouse in bad faith is designated
the marriage belongs to the plaintiff. beneficiary in any insurance policy, the
2. The root cause of the psychological innocent spouse may revoke the
incapacity must be: designation.
a) Medically or clinically identified 4. Spouse who contracted second marriage in
b) Alleged in the complaint bad faith shall be disqualified to inherit
c) Sufficiently proved by experts from the innocent spouse.
d) Clearly explained in the decision
3. The incapacity must also be proven to be Provisions in the final judgment
existing at the time of the celebration of 1. Liquidation
the marriage 2. Partition
4. Such incapacity must also be shown to be 3. Distribution of properties of spouses
medically or clinically permanent or 4. Custody and support of the common
incurable children
5. Such illness must be grave enough to bring 5. Delivery of presumptive legitimes
about the disability of the party to assume
the essential obligations of marriage The judgment of absolute nullity of the marriage
6. The essential marital obligations must be must be recorded in the appropriate civil registry and
those embraced by Articles 68-71 of the registries of property, else will not affect third
Family Code as regards husband and wife, persons. (Art 52, FC)
and Articles 220, 221 and 225 of the same
Code in regard to parents and their
children. Status of children born of void marriages
7. Interpretations given by the National -Children conceived and born before the finality of
Appellate Matrimonial Tribunal of the the declaration of nullity of the marriages in A.36 and
Catholic Church in the Philippines, while 53 are considered legitimate. And, it follows, those
not controlling, should be give great born after are illegitimate.
respect by the courts NOTE: this is applicable only for nullity of
8. The trial court must order the prosecuting marriage under psychological incapacity
attorney or fiscal and the Solicitor General (A36) and failure to comply with recording
to appear as counsel for the State.

12
of matters required under A.52
 RALacasandile

Note: This is different from sterility, which is the lack

Voidable Marriages
-valid until annulled
-the causes must be existing at the time of the
celebration of marriage, NOT after the celebration
GROUNDS:
1. Lack of parental consent
2. Insanity
3. Fraud
4. Force, intimidation or undue influence
5. Impotency
6. Affliction of sexually transmissible disease
I. Insanity
-Test: whether the party was capable of
understanding the nature and consequences of the
marriage at the time of celebration
*The general presumption of the law is in favor of
unsound mind.
*The one who alleges unsoundness of mind has the
burden of proof.
II. Fraud
-non-disclosure or concealment of certain
circumstances which materially affect the essence of
marriage.
Instances: (A.46, FC) [Note: Exclusive list]
1. Non-disclosure of previous conviction by final
judgment of the other party of a crime involving
moral turpitude
2. Concealment by wife of the fact that at the time
of marriage, she was pregnant by a man other
than her husband
3. Concealment of sexually transmissible disease
regardless of nature, existing at the time of the
marriage
4. Concealment of drug addiction, habitual
alcoholism, homosexuality or lesbianism at the
time of the marriage
of fertility in the reproductive elements of either sex.
Kinds of Impotency:
1. Absolute or Incurable Impotency
It is continuous and incurable, and there is
no known relief, and it principally
originates in some malformation or defect
of the genital organs.
2. Temporary or curable impotency
3. Relative Impotency
*Doctrine of Triennial Cohabitation
-the presumption of impotency may arise if the wife
remains a virgin for at least 3years from the time the
spouses started cohabiting. The husband must show
that he was not impotent during the said period and
the burden will be upon him to overcome the
presumption of impotence.
V. Affliction of sexually transmissible disease
- If concealed: Fraud
- If not concealed: it can still be a ground provided
the disease must be found to be serious and
incurable.
RATIFICATION/CONVALIDATION
It is made if the injured party freely cohabits
with the guilty party.
EXCEPT:
1. In cases of absolute impotency
2. Affliction of incurable STD
*Rationale: they negate the other important
purpose of marriage which is to procreate a normal,
healthy and upright children.
*Note: If the aggrieved party in those two cases does
not bring the suit within 5years after marriage
ceremony, he is barred forever from annulling the
marriage.

III. Force, intimidation, undue influence Action for Annulment of Marriage

*Force- physical power exerted is serious or AM No. 02-11-10-SC
irresistible Nature: action in rem, for it concerns the status of
*Intimidation- one is compelled by reasonable and the parties and the status affects the whole world.
well-grounded belief of an imminent and grave evil Jurisdiction: Family Court
upon his person or property, or to his spouse,
descendants or ascendants, to give his consent. Prescriptive period:
*Undue Influence- improper advantage of his power Grounds Persons Prescriptive
over the will of another, depriving the latter of a to file period
reasonable freedom of choice. Lack of a.) By the party for --within 5
parental whom no parental years after
Note: The consent of a party given to a contract consent consent was given attaining age
reluctantly, even if against his desires and better of 21
judgment does not vitiate consent. The contract is
valid. (Reyes vs. Zaballero, 89 Phil. 39) b.) by the parent --before the
or guardian of the party has
IV. Impotency said party reached the
-Physical incapacity or the inability to consummate or age of 21
to complete the act of sexual intercourse.

13
 RALacasandile

Unsound- a.) by the sane --any time How 1.) may be 1.) cannot be
ness of spouse who had before the marriage attacked collaterally
mind no knowledge of death of may be directly or attacked; only
the others either party inpugned collaterally; but directly (there
insanity for the purpose must be a
b.) by any relative --any time of remarriage, decree of
or guardian or before the there must be a annulment)
person having death of judicial
legal charge of the either party declaration of 2.) can no
insane nullity longer be
c.) the insane -either: impugned after
person himself 1. during lucid 2.)can still be death of one of
interval; or impugned even the parties.
2.after after death of
regaining the parties
sanity
Fraud By the injured --within 5
party years after
the discovery
of the fraud Legal Separation
Vitiated By the injured --within 5 It does not affect the marital status, there
consent party years from being no severance of the marriage. The parties are
the time the merely separated from bed and board.
force,
intimidation, A Vinculo Matrimonii (Absolute Divorce)
or undue - marital ties are severed
influence has - either spouse can remarry
ceased A mensa et thoro (Legal Separation)
Impotency By the injured --within 5 - separation from bed and board
party years after - neither can remarry
the
celebration
of marriage Legal Separation of
Affliction By the injured --within 5 Separation Property
of STD party years after Must be done in court *Prior marriage- can be
the done thru marriage
celebration settlement
of marriage *During marriage-
must be done thru the
courts
Always involves also May exist with or
Distinction between Void and Voidable Marriages separation of property without legal
VOID VOIDABLE separation
Marriages Marriages Considered a cause of Considered an effect of
Nature Void from the Valid until separation of property legal separation
very beginning annulled Spouses are Spouses are not
Susceptibili Cannot be Can be ratified necessarily separated. necessarily separated.
ty of validated either by free
Ratification cohabitation, or Grounds (Art. 55, FC) [the list is exclusive]
prescription 1. Repeated physical violence, or grossly abusive
Effect on No ACP or CPG ACP exists conduct directed against the petitioner,
Property -Co-ownership unless other common child or child of the petitioner
shall govern system is 2. Physical violence or moral pressure to compel
agreed upon in the petitioner to change religious or political
marriage affiliation
settlement 3. Attempt to corrupt or induce the petitioner,
Effect on Illegitimate Legitimate if common child or child of the petitioner, to
children Except: conceived or engage in prostitution, or connivance in such
A.36 born before corruption or inducement
A.35(6) decree of 4. Final judgment sentencing the respondent to
annulment imprisonment of more than 6years, even if
pardoned
14

5. Drug addiction or habitual alcoholism
6. Lesbianism or homosexuality
7. Contracting a subsequent bigamous marriage
8. Sexual infidelity or perversion
9. Attempt against the life of petitioner
10. Abandonment without justifiable cause for
more than 1 year
*Abandonment
-It must be willful. There must be a wrongful intent
to desert or forsake the other spouse. There must be
absolute cessation of marital relations, duties and
rights, with the intention of perpetual separation.
*Presumption of abandonment: A.101, FC
the spouse has left the conjugal dwelling
for a period of no less than 3months
when within the same period, he failed to
give any information as to his
whereabouts.
The presumption is rebuttable by the
presentation of clear, strong and convincing
evidence that the absent spouse did not intend
to leave the present spouse and the family.
Defenses in Legal Separation (A.56, FC)
1. Condonation
2. Consent
3. Connivance
4. Mutual Guilt/ Recrimination
5. Collusion
6. Prescription
I. Condonation
-forgiveness after the commission of the offense or
act complained of.
a. Express- manifested in words or writing
b. Implied- deduced from the conduct of the
offended spouse showing the intention to
forgive, such as wilful cohabitation and
sexual intercourse with the offender.
II. Consent
-acquiescence or permission or willingness to agree
to the commission of the act complained of.
-this is given prior to the commission of the act
III. Connivance
-tacit permission to the commission of the act
complained of, or to be in secret understanding with
the offending spouse for the commission of the act,
To evade connivance, there must be no active
participation on the part of a spouse for the downfall
of the other as by providing actively the opportunity
for the wrongdoing directly or indirectly.
IV. Mutual Guilt/ Recrimination
-both parties are in pari delicto; both parties are
guilty of an act which is a ground for legal separation.
RALacasandile
Note: He who comes to court must come with clean
hands. [Clean Hands Doctrine]
V. Collusion
-an arrangement between the spouses to obtain a
decree of legal separation by secret maneuvers or
pretensions of having committed acts which are
grounds for legal separation, and deliberately
utilized as basis for their legal separation.
VI. Prescription
-extinction or loss of the right to file an action for
failure to file the same within the period fixed by law.
-5years from occurrence of the cause (A.57)
Action for Legal Separation
AM No. 02-11-11-SC
Mandatory Cooling-off period
An action for legal separation shall in no case be
tried before 6months shall have elapsed since the filing
of the petition. (A.58,FC)
-the period is intended to allow a possible
reconciliation between the spouses
- this period however has no effect of overriding the
other provisions of the Code such as the
determination of the custody of children, grant of
alimony and support pendent lite.
Note: the cooling off period is not applicable in a case
involving domestic violence under RA.9262.
Duty of the Court to effect reconciliation
-The court is prohibited from issuing a decree of legal
separation, unless it is fully satisfied that despite
such efforts, reconciliation is highly improbable.
Intervention of the State
No decree of legal separation shall be based upon
a stipulation of facts or a confession of judgment. In
any case, the court shall order the prosecuting
attorney or fiscal assigned to it to take steps to
prevent collusion between the parties and to take care
that the evidence is not fabricated or suppressed.
(A.60, FC)
Declaring a party in default in legal separation (or
declaration of nullity or annulment of marriage) is
proscribed by the Rules of Court. Judgment by
default is void. (Pacete vs. Carriaga, March 17, 1994)
Legal Separation pendente lite
Effect of Filing:
1. Spouses are entitled to live separately from
each other
2. Right of consortium ceases
3. Wife is suable alone without need of
impleading the husband
4. When the consent of one spouse is needed
in any transaction, judicial authorization is
15
necessary

5. The administration of the absolute
community or property or conjugal
partnership may be agreed upon in writing
between the parties; in the absence of such
agreement, the court shall designate either
parties or a third person to administer.
*Support pendente lite to the spouse and children
During the pendency of the proceedings, in the
absence of adequate provisions in a written
agreement between the spouses, the court shall
provide for the support of their common children.
Decree of Legal Separation
Effects of Decree:
1. Separate living of the spouses with the
marriage bond remaining intact
2. ACP or CPG shall be dissolved
3. Offending spouses share of the net profits
earned therefrom shall be forfeited in favor
of the common children, if none in favor of
the children of the guilty spouse by
previous marriage, or in default of children,
the innocent spouse
4. Custody of the minor children shall be
awarded to the innocent spouse
5. The offending spouse shall be disqualified
from inheriting the innocent spouse
whether by intestate or testate succession.
6. Obligation to mutual help and support
ceases; the court however may still order
the guilty spouse to support the innocent
one.
7. The wife shall continue using her name and
surname employed before the legal
separation.
8. Innocent spouse may revoke the donations
made in favor of the offending spouse
whatever be the nature and kind of
donation.
9. Innocent spouse may revoke the
designation of the offending spouse as
beneficiary in any insurance policy, even if
stipulated to be irrevocable.
10. Obligation to mutual fidelity remains; if
either spouses contracts another marriage,
bigamy is committed.
Reconciliation
-the mutual agreement of the spouses to resume
their marital relationship, thus putting an end to
their marital differences.
In the event of a reconciliation, the spouses must file
a joint manifestation duly signed by them in the same
proceedings for legal separation. To stress the
seriousness of the act, it must be duly sworn by them
There can be no reconciliation without
resumption of cohabitation and marital relationship.
Mere friendly relationships between the parties,
RALacasandile
without coming together in marital union, are not
sufficient to constitute reconciliation.
Consequences:
If pending: terminated in whatever stage
If final: decree shall be set aside, but the
separation of property and any forfeiture of the
share of the guilty spouse already effected shall
subsist, unless the spouses agree to revive their
former property regime.
Note: The order of the court ordering the
termination of the proceedings and the setting aside
of the decree of legal separation shall be registered
in the proper civil registry for the guidance of all
interested parties.
Revival of Former Property Regime (A.67, FC)
-Agreement, executed under oath, shall specify:
1. The properties to be contributed anew to
the restored regime
2. Those to be retained as separate
properties of each spouse
3. The names of all their known creditors,
their addresses and the amounts owing to
each.
The agreement of revival and the motion for its
approval shall be filed with the court in the same
proceedings for legal separation.
The recording of the order on the registries of
property shall not prejudice any creditor not listed or
not notified, unless the debtor-spouse has sufficient
separate properties to satisfy the creditors claim.
RIGHTS AND OBLIGATIONS OF SPOUSES
Right of Cohabitation
It covers the domestic and sexual community of
the spouses.
Cohabitation cannot be imposed by the law or
the courts. If the wife refuses to live with husband,
the latter cannot compel the former by securing a
judicial writ ordering her to live with him. The only
sanction available to the husband is to refuse
support to her.
Mutual love, respect and fidelity
The law obliges the spouses to love each other,
which is to have devoted affection for one another.
The spouses must regard each other with esteem,
courtesy and kindness. They must recognize each
others rights with deference and understanding and
ready to forgive the shortcomings of the other.
The obligation of fidelity is the loyalty which each
should observe toward the other, the wife having
nothing to do with another man, nor the husband
16
 RALacasandile

with another woman. Else, concubinage (husband) RELIEFS (A. 72,FC)

and adultery (wife)
Mutual help and support
Giving of aid and comfort, the grant of support
by the husband to the wife, or vice versa when
warranted by the circumstances. It is not confined to
material assistance, it extends to moral support in
times of distress and crises.
Right to fix domicile
The choice is placed on the common decision of
both husband and wife. In case of disagreement,
either of them may bring the matter to court which
then shall decide the controversy on domicile.
A spouse can validly live away or separately from
the other only if the latter should live abroad or there
are other valid and compelling reasons for the
exemption.
A spouse may go to court if the other spouse
neglects his or her duty to the conjugal union or
commits cats which tend to bring danger, dishonor
or injury to the other or to the family.
Courts can issue injunction and other necessary
orders to prevent a spouse from committing acts
which tend to bring danger or dishonor to the family.
Thus, a spouse may be placed under guardianship
because of his or her prodigality which dissipates the
community property or conjugal partnership of
gains. (Perez vs. Tuazon de Perez, 109 Phil 654)
Exercise of Legitimate Profession (A.73, FC)
Either spouse may exercise any legitimate
profession, occupation, business or activity without
the consent of the other. The latter may object only
on valid, serious and moral grounds.

Support of the family In case of disagreement, the court shall decide

Support is a joint obligation of the spouses.
Expenses for support and other conjugal obligations
shall be paid from:
1. Community or conjugal property
2. Income or fruits of the spouses separate
properties
3. Their separate properties.
In case of Absolute Separation of property, both
spouses shall bear the family expenses in proportion
to their income, or in case of insufficiency, to the
current value of their separate properties.
Support for Illegitimate Children
It shall be the responsibility of:
1. The separate property of their parents
2. If none, the absolute community or
conjugal partnership, if financially capable.
In which case, the advances made shall be
deducted from the share of the obliged
spouse in the absolute community or
conjugal partnership upon its liquidation.
whether or not:
1. The objection is proper, and
2. Benefit has accrued to the family prior to
the objection and thereafter.
Accrued prior the objection: the
absolute community of the CPG shall
be liable; if separation of property:
jointly liable for the obligations
incurred.
Accrued after the objection: the
separate property alone of the
spouse who acted without the
consent of the other shall be made
liable for the payment of the
obligation incurred.

Management of household
Both the husband and the wife are called upon to
jointly manage the household.

Either spouse may purchase things necessary for

the support of the family and for the maintenance of
the home or may contract services for the same
purposes. The payment thereof shall be defrayed in
the following order:
1. From community property
2. If none, income or fruits of separate
properties
3. In none, from separate properties.

Note: Expenses not for family consumption is not

17
binding against the community property.

PROPERTY RELATIONS
BETWEEN SPOUSES
GR: the nature, consequences and incidents are
governed by law and not subject to stipulations
EXCEPT: Marriage settlements stipulated
upon before the marriage fixing the
property relations of the spouses during
the marriage.
Art. 74, FC: The property relations between the
husband and wife shall be governed in the
following order:
1. By marriage settlements executed
before the marriage
2. By the provisions of this Code
3. By the local customs.
Governing law
Art. 80, FC: In the absence of a contrary
stipulation in a marriage settlement the
property relations of the spouses shall be
governed by the Philippine laws, regardless of
the place of celebration of the marriage and
their residence.
This rule shall not apply:
1. Where both spouses are aliens
2. With respect to the extrinsic validity
of contracts affecting property not
situated in the Philippines and
executed in the country where the
property in located
3. With respect to the extrinsic validity
of contracts entered into the
Philippines but affecting properties
situated in a foreign country whose
laws require different formalities
for its extrinsic validity.
Marriage Settlements
It is a contract entered into by parties
about to be married for the purpose of fixing the
terms and conditions of their property relations with
regard to their present and future property.
Note: The prospective spouses cannot enter into a
settlement rejecting all kinds of property relations
and to leave things according to their private desires
and wishes.
-Spouses cannot defeat the law on
property relations. Whether the parties agree or not,
there must always be a property regime that will
govern their property relationship.
RALacasandile
Freedom to Stipulate
The future spouses are given the freedom to
choose or stipulate the regime they desire on their
property relations.
Default regime: Absolute Community of property
-failed to agree before the marriage
-in case of void marriage settlement
Requisites for Enforceability (A.77, FC)
1. In writing
2. Signed by the parties
3. Executed before the celebration of the
marriage.
GR: Need not be in public instrument
EXCEPT: If there is a need to register it so as to bind
third persons as when it involves real property, it
must be in a public instrument, otherwise, the
registry of property will not register it.
*Additional Signatories
1. When the prospective spouse is between
18 and below 21 years, his or her parents or
persons who are called upon to give parental
consent to the marriage must be made
parties to the settlements and must sign
the same. (A.78,FC)
2. When the prospective spouse has been
convicted for a crime and the penalty
carries the accessory penalty of civil
interdiction, the guardian appointed by the
competent court must be made a party to
the settlements and must sign thereon
(A.79,FC)
3. When the prospective spouse suffers from
any disability such as imbecility, deaf-
mutism, prodigality and insolvency, the
guardian appointed by the court must also
be made a party to the settlements and
must also sign thereon. (A.79, FC)
Modification (A.76, FC)
GR: Any modification thereof must be made before
the celebration of the marriage.
EXCEPT: Subject to the provisions of:
Art.66 reconciliation in legal separation
Art.67- revival of former property regime
Art. 128- abandonment or failure to comply
with obligations to the family
Art.135- causes for judicial separation of
property
Art.136- judicial separation jointly initiated by
the spouses
In all instances, there is judicial intervention.
Effect when marriage does not take place (A.81, FC)
All stipulations in the settlement in consideration of
the future marriage, including donations made
therein between the parties are void. However,
stipulations that do not depend upon the celebration
of the marriage shall be valid.
18
 RALacasandile

Donations Propter Nuptias Encumbered Property if donated: Effects

Donations by reason of marriage
*Elements:
1. Made before the celebration of the marriage
2. In consideration of the marriage
3. In favor of one or both of the future spouses
If the property donated by reason of marriage is
subject to some encumbrances, the same do not invalidate
the donation. In case of foreclosure such as in mortgage
and the property was sold for less than the total amount of
the obligation secured, the done is not liable for the
deficiency. If the property was sold at a higher price, the
done is entitled to the excess. (Art.85, FC)

Absent any of the above elements, there is no Grounds for Revocation (A.86, FC)
donation propter nuptias although there might be an a) Causes arising from the marriage
ordinary donation if the required formalities are 1. Not celebrated
complied with. 2. Celebrated but void, and judicially
declared as such
Donations propter nuptias are wedding gifts, but 3. Celebrated without the required
not all wedding gifts are donations propter nuptias, consent of the parents or guardian
for said wedding gifts may be given after the 4. Voidable and subsequently annulled
celebration of the marriage. with done found in bad faith
b) Legal Separation and the done is found the guilty
Reducible if Innofficious spouse
Being based on liberality, it remains subject to c) Fulfillment of the imposed resolutory condition
reduction for inofficiousness upon the donors d) Acts of ingratitude (A.765, NCC)
death, if it should infringe on the legitimes of a 1. If the donee should commit some
forced heir. (Mateo vs. Lagua, 29 SCRA 964) offenses against the person, the
honor or the property of the donor,
Donation Propter Ordinary
his wife or children under his parental
Nuptias Donation
authority
Formalities Donations of Governed by 2. If the donee imputed to the donor any
future property Title III. Book criminal offense, or any act involving
are governed by III of the New moral turpitude, even though he
the provisions Civil Code should prove it, unless the crime or act
on testamentary has been committed against the
succession and donee himself, his wife or children
the formalities under his authority
of wills 3. If he unduly refuses him support when
Inclusion of Present No limit; except
the donee is legally or morally bound
present property may be that the donor
shall leave to give support to the donor.
property donated up to
sufficient
1/5 of the Donation between spouses
property for his
donors present support and
property if the that of all
future spouse relatives Art. 87, FC: Every donation or grant of gratuitous
have chosen a entitled to advantage, direct or indirect, between the spouses
regime other support from during the marriage shall be void, except moderate
than absolute him and further gifts which the spouses may give each other on the
community no legitimes of occasion of any family rejoicing. The prohibition
compulsory shall also apply to persons living together as
heirs shall be husband and wife without a valid marriage.
impaired.
Inclusion of Future property Future
future may be included property Rationale:
property provided the cannot be a) To protect unsecured creditors from being
donation is included defrauded by any or both spouses
mortis causa b) To prevent the stronger spouse from
persuading or imposing upon the weaker
Grounds for This provided in Art. 760- birth
one the transfer of the latters property to
revocation Art.86, FC of children
the former
after the
c) To prevent the indirect modification of the
donation;
marriage settlements of the spouses
Art. 764- non-
during the marriage which is prohibited.
performance
of condition;
Moderate Gifts: What is moderate is relative, as it
Art.765-
depends upon the financial capability and social
Ingratitude
standing of the donor.

19

ABSOLUTE COMMUNITY OF PROPERTY
All properties owned by the contracting parties
before the marriage ceremony and those which they
may acquire thereafter shall comprise the absolute
community of property regime.
-Spouses become co-owners of all the
properties in an absolute community of property
regime.
Laws that govern (A.90, FC)
1. Family Code
2. Rules on co-ownership, suppletory
Commencement (A.88, FC)
Art. 88, FC: The absolute community of
property between spouses shall commence at
the precise moment that the marriage is
celebrated. Any stipulation, express or
implied, for the commencement of the
community regime at any other time shall be
void.
Waiver of rights/ interests/ shares (A.89, FC)
Before marriage: VALID in marriage settlements
During the marriage: VOID, except in case of judicial
separation of property.
After dissolution of marriage: VALID, as it is
considered as an assignment of rights, interests,
shares and effects in the absolute community of
property.
Note: When the waiver takes place upon a judicial
separation of property, or after dissolution or
annulment of the marriage, it must be duly
registered with the local civil registry as well as with
the appropriate registry of property to bind third
persons.
The creditors of the spouse who made such waiver
may petition the court to rescind the waiver to the
extent of the amount sufficient to cover the amount
of their credits.
Components of Absolute Community
1. Owned at the time of the celebration of the
marriage
2. Acquired thereafter
If the properties are titled properties, the titles
should be registered in the names of both spouses
through the registration of their marriage
settlements with the proper registry of property.
Otherwise, third persons acting in good faith relying
on the titles in the name of only one of the spouses
shall not be prejudiced.
RALacasandile
Art. 93, FC: Property acquired during the
marriage is presumed to belong to the
community, unless it is proved that it is one of
those excluded therefrom.
The presumption applies until the
liquidation of the community property. It is not
necessary to prove that the property was acquired
with the funds of the community. It is however a
condition sine qua non that the party who invokes
the presumption must first prove that the subject
property was acquired during the marriage. (Camia
vs. Reyes, 63 Phil 629)
Excluded property (A. 92, FC)
1. Property acquired during the marriage by
gratuitous title, and the fruits and income
thereof
Except: If donor expressly
provides that they shall form part
of the community property
2. Property for personal and exclusive use of
either spouse
Except: Jewelry shall form part of
the community property
3. Property acquired before the marriage by
either spouse who has legitimate
descendants by a former marriage, and the
fruits and income thereof
-This is to protect the
presumptive legitimes of the
legitimate descendants of the
concerned spouse.
-Also, to prevent the merger or
confusion of the property
acquired during the first marriage
and those acquired during the
second marriage which form part
of the absolute community.
Gains and Losses in Games of chance (A.95, FC)
Losses- borne by the loser, and not be charged
to the community property
Winnings- form part of the community property
Liabilities and charges (A.94, FC)
1. Support
Of: (a) Spouse, (b) Common child, (c) legitimate
child of either spouse by previous marriage.
*Rule for illegitimate children: concerned spouse
separate property. If no separate property, the
absolute community, but shall be deducted from
the share of the spouse upon liquidation of the
community property.
2. All debts and obligations contracted during the
marriage
By: (a) both spouses, (b) either of them, (c) by the
20
administrator-spouse

3. Debts and obligations contracted without consent
of the other spouse
- The community property shall be liable only if the
same was used for the benefit of the family.
BUT even if the debt were not for the
benefit of the family, the community property
shall be liable if such debt was contracted during
the marriage by both of them, or by anyone of
them with the consent of the other.
4. Taxes, liens and charges upon the community
property
*Taxes includes licenses, realty taxes and
surcharges.
*Expenses for repairs, whether minor/ordinary
(wear and tear due to natural use of the thing) or
major/extraordinary (caused by exceptional
circumstances and are not needed for
preservation)
5. Taxes and expenses for mere preservation of
separate property during the marriage
Note that the property must be used or benefit
the family.
The preservation does not involve major repairs,
but only minor ones.
-If the property needs major repairs,
although used by the family, it is the owner-spouse
who should shoulder the expenses therefor
considering that he has the greatest interest to
conserve it being the owner thereof.
6. Expenses for education or self-improvement course
of either spouse
7. Ante-nuptial debts of either spouse benefitting the
family
GR: debts incurred before the marriage must be
paid by the separate property alone of the spouse
EXCEPT: when the indebtedness has redounded to
the benefit of the family, and only up to the extent
of the benefits received.
8. Value of what is donated or promised by both
spouse to the common children
Requisites:
a. Both spouses made the donation or the
promise to donate
b. The recipients are common children
c. The purpose is exclusively for
commencement or completion of a
professional, vocational, or other activity
for self-improvement
Note: If the donation is made by one spouse without
the consent of the other in favor of a child of the
former by a previous marriage, the donation is valid
but the same is chargeable to the separate property
of the donor-spouse.
RALacasandile
9. Advances made by the community property for
acts for which it is not originally liable
The community shall advance for:
a. Ante-nuptial debts which did not benefit the
family
b. Support of illegitimate children of either
spouse
c. Liabilities incurred by reason of a crime or o
quasi-delict
If and when the debtor-spouse has no exclusive
property or if the same is insufficient for payment
of the foregoing obligations.
Note however that these advances shall be
deducted from the share of the debtor-spouse in
the community property upon its liquidation.
10. Litigation expenses
If there are cases between the spouses, the
expenses incurred thereby shall be chargeable to
community property except when the suit is
groundless.
*Solidary Liability of Spouses
In case the community assets are not
sufficient to pay the foregoing liabilities, except
no.9, the spouses shall be solidarily liable for the
unpaid balance with their separate properties.
Administration (A.96, FC)
Joint Administration and Enjoyment
In case of disagreement between the spouses,
the decision of husband prevails.
However the wife is given a period of 5years to
assail her husbands decision on their
disagreement, but reckoned from the date of
questionable transaction entered into by the
husband. Her failure to do so will mean
conformity to the husbands decision.
*Assumption of Sole Powers of Administration
GR: Joint administration
Except:
1. Agreement that only one of them shall
administer the community property
2. One spouse is incapacitated
3. One spouse is unable to participate in the
co-administration of the community
property
Note: The power does not include the authority to
dispose or encumber community property without
the written consent of the other spouse or court
authorization.
Unauthorized Contract, a Continuing Offer
While the transaction involving the
alienation or disposition or encumbering of
communal property is considered void in the
21
absence of the authority so required, nevertheless,

on the part of the contracting-spouse, the
transaction is considered as a continuing offer to the
transacting third person, and vice versa.
Consequently, the transaction
may still be perfected as a binding contract
upon:
a. Acceptance of the other
spouse, OR
b. By court authorization
Provided the offer is not yet
withdrawn by either or both offerors.
Disposition of community properties
Art. 97, FC: Either spouse may dispose by will of
his or her interest in the community property.
What is allowed to be disposed is not
specific property in the absolute community, but
only the interest therein.
Why? Until the liquidation, it is not known
what property remains and which ones shall be
adjudicated to the individual spouses.
NOTE: A spouses may not dispose of a specific
property of the community property without the
consent of the other. Alienation is void.
Donation of Communal Property
GR: Neither may donate without the consent of the
other.
EXCEPTIONS: Moderate donations for charity, or on
occasions of family rejoicing or distress.
Note that what is moderate depends upon
the financial and social standing of the
family.
Dissolution/Termination: (A.99, FC)
Grounds:
1. Death of either spouse
2. When there is decree of legal separation
3. When the marriage is annulled or declared void
Effect of separation-in-fact, abandonment and non-
compliance with obligations
*De Facto Separation- cessation of cohabitation;
spouses no longer live together as husband and wife
under the same roof but there is no decree of legal
separation obtained by either of them.
Effects:
1. The marriage continues to exist, thus the
regime subsists.
2. Deserter loses right to be supported, but
the obligation to support the other spouse
and the children is not extinguished.
RALacasandile
3. When the consent of one spouse to any
transaction of the other is required by law,
judicial authorization shall be obtained in a
summary proceeding.
4. Solidary Liability of both spouses
-the separate properties of the spouses
shall be liable in solidum for the support of
the family in absence of sufficient
community property to answer for said
support.
5. Judicial authorization to administer or
encumber specific property
-The spouse present can file a petition for
judicial authority to administer or
encumber specific property belonging to
the other spouse, and to use the fruits of
said property of the proceeds thereof as
the case may be, to collect and satisfy the
latters share or contribution in the
expenses for support of the family.
*Abandonment- desertion of the conjugal dwelling
without intention of returning.
Prima Facie Presumption of Abandonment
1. When the spouse has left the conjugal
dwelling for a period of no less than
3months
2. When within the same period, he or she
failed to give any information as to his or
her whereabouts.
Legal Remedies of Spouse Deserted
(Unjust Abandonment; failure to comply with marital
and parental obligations)
1. Receivership
2. Judicial Separation of Property
3. Sole Administration of Absolute
community
Note: Subject to the precautionary conditions as the
court may impose.
CONJUGAL PARTNERSHIP OF GAINS
The spouses shall place in a common fund the fruits
of their separate properties and the income from
their work or industry.
The proof of acquisition of the
property during the marriage suffices to
render the statutory presumption of
conjugality. (Go vs. Yamane, May 3, 2006)
Special Type of Partnership
The conjugal partnership shall be governed by
the rules on the contract of partnership in all that are
not in conflict with what is expressly determined in
the Family Code or by the spouses in their marriage
settlements.
22

Commencement: precise moment when the
marriage is celebrated. (A.88, FC)
Prohibition on waiver: No waiver of rights, interests,
shares and effects of the conjugal property can be
made during the marriage EXCEPT upon judicial
separation of property.
COMPONENTS OF CONJUGAL PARTNERSHIP
1. All property acquired during the marriage
2. Those acquired by onerous title during the
marriage at the expense of the common
fund
3. Obtained from the labor, industry, work or
profession of either or both of the spouses
4. Fruits received during the marriage from
the common property, as well as net fruits
from the exclusive property of each spouse
5. Share of each spouse in hidden treasure
6. Livestock existing upon the dissolution of
the partnership in excess of the number of
each kind brought to the marriage by
either spouse
7. Acquired by chance, such as winning from
gambling or betting.
Installment Purchases: Partly paid from exclusive
funds and partly from the conjugal funds
-Factor: Time when full ownership is vested
Before marriage: buyer-spouse
During the marriage: Conjugal partnership
Any amount advanced by the partnership or by
either or both of them shall be reimbursed by the
owner upon liquidation of the partnership.
Collectible Credits payable on installment with interest
Sums paid during the marriage in partial
payments on the principal: EXCLUSIVE property
Interests falling due and collected during the
marriage: CONJUGAL property
Improvements made on Separate Property (A.120,FC)
-At the expense of either the conjugal partnership or
through the acts or efforts of either or both spouse:
The ownership of the improvements shall
pertain to the conjugal partnership if the cost of the
improvement made by the partnership and the
resulting increase in value are more than the value of
the property at the time of the improvement.
If the total value of the improvement and
resulting increase in the value of the property is
lesser than the value of the property improved, the
owner-spouse retains his ownership over the
property, with the obligation to reimburse the cost
of improvement.
EXCLUSIVE PROPERTY OF EACH SPOUSE
1. Brought to marriage as his or her own
2. Acquired during the marriage by gratuitous
title (Donation/ Inheritance)
RALacasandile
3. Acquired by right of redemption, by barter
or by exchange with property belonging to
only one of the spouses.
4. Purchased with exclusive money of the
spouse
Note: Said properties cannot be encumbered,
alienated nor disposed of by the other spouse
without the consent of the owner-spouse.
LIABILITIES and CHARGES
GR: Personal Debts contracted before or during
the marriage: NOT chargeable to the conjugal
partnership
EXCEPTION: if the debt redounded to the
benefit of the family.
When partnership is liable:
Personal debts before the marriage which
redounded to the benefit of the family
Fines and indemnities imposed upon them
Support of illegitimate children of either spouse
-If: (A) the liabilities enumerated in A.121, FC
have been satisfied first, AND (B) debtor-spouse
has no exclusive property, or if insufficient.
Note: Upon liquidation of the partnership, the
debtor-spouse shall be charge in his share in the
conjugal assets for the payments made by the
conjugal partnership for the purposes mentioned
above.
Games of Chance/ Betting
Winnings: forms part of the conjugal property
Losses: not charged to the conjugal property
Administration (A.96, FC)
Joint Administration and Enjoyment
In case of disagreement between the spouses,
the decision of husband prevails.
However the wife is given a period of 5years to
assail her husbands decision on their
disagreement, but reckoned from the date of
questionable transaction entered into by the
husband. Her failure to do so will mean
conformity to the husbands decision.
Transfer of Administration (A.110, FC)
Either spouse may, during the marriage, transfer
the administration of his exclusive property to the
other by means of a public instrument, which shall be
recorded in the registry of property of the place
where the property is located.
Note: The power of either spouse to
alienate, encumber or otherwise dispose of
his property is not impaired by such
transfer of management.
Right to dispose and encumber exclusive property
-Even without consent of the other.
23
She/he can litigate alone with exclusive property.

Termination of Delegated administration (A.112, FC)
- The alienation of any exclusive property of a spouse
administered by the other automatically terminates
the administration over such properties and the
proceeds of the alienation shall be turned over to the
owner-spouse.
COMPLETE SEPARATION OF PROPERTY
GR: Prohibited
EXCEPT:
1. Expressly agreed in marriage settlement
2. By judicial order
*Separation of property
-Each shall own, dispose of, administer and enjoy his
or her own separate estate, or earnings from
profession, or all fruits due or received during the
marriage from the separate property without the
consent of the other; and each spouse shall
proportionately bear the family expenses.
It may refer to present or future property or both.
It can also be partial or complete separation.
If partial: the property not agreed upon as
separate shall be governed by absolute
community property, unless there is a contrary
agreement.
Liabilities and Charges
Proportionate Liability for family expense; Solidary
Liability to creditors
Both spouses shall bear the family
expense in proportion to their income,
or in case of insufficiency or default
thereof, to the current market value of
their separate properties. The liability of
the spouses to creditors for family
expenses shall however be solidary.
Transfer of Administration
GR: Administered by owner-spouse
EXCEPT: transfer to the other spouse through a court
order when:
1. One spouse becomes the guardian of the
other
2. One is judicially declared an absentee
3. One is sentenced to a penalty with civil
interdiction
4. One becomes a fugitive from justice or is in
hiding as an accused in a criminal case.
SEPARATION OF PROPERTY DURING MARRIAGE
I. Separation for sufficient cause (A.135, FC)
a. Conviction of a crime which carries
with it civil interdiction
b. Judicial declaration of the other
spouse as an absentee
c. Loss of parental authority
RALacasandile
d. Abandonment or failure to comply
with marital, parental and property
obligations
e. Abuse of the power of administration
f. Separation in fact for at least 1year and
reconciliation is highly improbable
II. Voluntary separation (A.136, FC)
The spouses may jointly file a verified
petition with the court for the voluntary
dissolution of the absolute community or
conjugal partnership of gains, and for the
separation of the common properties.
All creditors of the ACP or CPG, as well as
the personal creditors of the spouse, shall
be listed in the petition and notified of the
filing thereof. The court shall take
measures to protect the creditors and
other persons with a pecuniary interest.
Registration (A.139, FC)
The petition for separation of property and the final
judgment granting the same shall be recorded in the
proper local civil registries and registries of property.
[to bind third persons]
REVIVAL OF OLD PROPERTY REGIME
Grounds:
1. Civil interdiction terminates
2. Absentee spouse reappears
3. Court is satisfied that the spouse granted
power of administration will not again
abuse the same, and authorizes the
resumption of the administration
4. The spouse who has left the conjugal home
without decree of legal separation
resumes common life with the other.
5. Parental authority is judicially restored
6. Spouse who left reconcile and resume
common life
7. Agreed to revive after voluntary
dissolution of ACP or CPG has been
judicially decreed upon
PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE
I. Live-in relationships and Void marriages
Requisites:
1. Capacitated to marry each other
2. Live exclusively with each other as husband
and wife
3. Their union is without the benefit of
marriage, or their marriage is void
Effects:
1. Their wages and salaries shall be owned by
them in equal shares.
2. Property acquired by both of them from their
work or industry shall be governed by the
24
rules on co-ownership.
 RALacasandile

-Properties acquired by both parties during Article 147 Article 148

their union, in the absence of proof to the Parties live exclusively Parties do not live
contrary are presumed to have been with each other exclusively with each
obtained through the joint efforts of the without marriage or other as both or one of
parties and will be owned by them in equal. under a void marriage. them is married to
(Gonzales vs. Gonzales, December16, 2005) another.
Parties are capacitated Both or one of them is
Are there exclusive properties in unions without to marry each other. not capacitated to
marriage? marry.
By implication, the following shall be considered Wages and salaries are Ownership of wages
exclusive properties: owned in equal shares and salaries is not
1. Property acquired by wither party though provided. (Submission:
his or her own sole work or industry they exclusively own
without any contribution by the other their wages/ salaries.)
partner whether by way of care and Properties acquired by Only properties
maintenance of the family and household, both of them through acquired by both of
or through any actual work or industry. their work and industry them through their
2. the fruits or income of the said property are governed by the actual joint
3. Property acquired by exclusive funds or by rules of co-ownership. contribution shall be
exchange with partners separate owned in common in
property. Even if the contribution proportion to their
4. Property acquired by gratuitous title is not actual but respective actual
5. Property brought to the union consists only of efforts contributions.
exerted in the care and
maintenance of the
II. Bigamous, adulterous relationships family and household,
Properties acquired through their actual the same is still
contribution of money, property or industry considered joint
shall become their common property in contribution.
proportion to their respective contributions. Neither party can There is no prohibition
The fact of contribution must be proved. encumber or dispose in the law.
(Cario vs. Cario, February 2, 2001) by acts inter vivos his
or her share in the
The same rule of co-ownership shall apply property acquired
to joint deposits of money and evidence of during cohabitation
credit in favor of both parties. without the consent of
the other until after
When both parties are in bad faith termination of the
The rules on forfeiture shall apply in the cohabitation.
following order: Upon termination of Upon termination of
1. Common children
the union, the share of the union, the share of
2. In their absence, or in case of waiver, a party shall accrue to a party who is validly
surviving descendants
him or her. married shall accrue to
the absolute
community or conjugal
partnership existing in
said marriage.
There can be no There can be no
forfeiture of share of a forfeiture if the party in
party in favor of bad faith is validly
common children if married to another.
there is no void
marriage and said party
acted in bad faith.

25

THE FAMILY
Art.149, FC: The family, being the foundation of
the nation, is a basic social institution which public
policy cherishes and protects. Consequently,
family relations are governed by law and no
custom, practice or agreement destructive of the
family shall be recognized or given effect.
Coverage of Family Relations (A.150, FC)
1. Between husband and wife
2. Between parents and children
3. Among other ascendants and descendants
4. Among brothers and sisters, whether of
the full or half-blood.
Necessity of earnest efforts toward compromise
Art. 151, FC: No suit between members of the same
family shall prosper unless it should appear from
the verified complaint or petition that earnest
efforts toward compromise have been made, but
that the same have failed. If it is shown that no such
efforts were in fact made, the case must be
dismissed.
This rule shall not apply to cases which may not be
the subject of compromise under the Civil Code.
This is a condition precedent to the existence of
cause of action. Failure to allege this will result in the
dismissal of the case. The complaint may be attacked
at any stage of the case.
Art. 2035, Civil Code: No compromise upon the
following questions shall be valid:
1. Civil status of persons
2. Validity of a marriage or a legal separation
3. Any ground for legal separation
4. Future support
5. Jurisdiction of courts
6. Future legitimes
Note that once a stranger becomes a party to a suit
involving members of the same family, the law no
longer makes it a condition precedent that earnest
efforts be made towards a compromise before the
action can prosper. (Hiyas vs. Acua, 500 SCRA 514)
FAMILY HOME
It is the dwelling house where, the husband and
the wife, or an unmarried head of family) and their
family resides, and the land on which it is situated.
Persons who can establish Family Home
The spouses jointly
An unmarried head of the family
RALacasandile
When deemed constituted
It is deemed constituted on a house and lot
from the time it is occupied as a family residence.
There is no need to constitute the same judicially or
extrajudicially as required in the Civil Code. If the
family actually resides in the premises, it is therefore,
a family home as contemplated by law, thus, the
creditors should take the necessary precautions to
protect their interest before extending credit to the
spouses or head of the family who owns the home.
(Modequillo vs. Breva, May 31, 1990)
Period of Existence
A family home shall continue to exist as such so
long as any bona fide beneficiary resides therein. It is
the obligation of the family to stay in the family home
and if the same is abandoned, or its purpose
converted from residential to commercial or
business purposes, it will cease to be a family home.
Art. 159, FC: The family home shall continue despite
the death of one or both spouses or of the unmarried
head of the family for a period of 10 years or for as
long as there is a minor beneficiary, and the heirs
cannot partition the same unless the court finds
compelling reasons therefor. This rule shall apply
regardless of whoever own the property or
constituted the family home.
Exemption of the family home
GR: exempt from execution, forced sale or
attachment.
EXCEPT:
1. For nonpayment of taxes
2. For debts incurred prior to the constitution
of the family home
3. For debts secured by mortgages on the
premises before or after such constitution
4. For debts due to laborers, mechanics,
architects, builders, material men and
others who have rendered service or
furnished material for the construction of
the building.
Beneficiaries of family home
1. The husband and wife, or an unmarried
head of the family
2. Their parents
Ascendants and descendants
Brothers and sisters
Whether the relationship is legitimate or
illegitimate, who are living in the family home and
who depend upon the head of the family for legal
support.
26
 RALacasandile

Where family home must be established

Either ACP, CPG or exclusive property of either
spouse with the consent of the other.
NOTE: It cannot be established on a
property held in co-ownership with third
persons.

If constituted by an unmarried head of a family,

where there is no communal or conjugal property
existing, it can be constituted only on his or her own
property.

Value of Family Homes

Urban area: Not exceeding P300,000
Rural area: Not exceed P200,000

Disposition and Encumbrance of Family Home

Requirements:
1. There must be the written consent of the
person who constituted the same
2. Written consent of the other spouse if
constituted only by one of them
3. Written consent of majority of the
beneficiaries who are of legal age.
If the family home is alienated or encumbered
without the written consent of the persons above-
mentioned, the transaction is void.

Where sale is allowed by the Court to satisfy

unpreferred claims
Requisites:
1. Creditors claim is not among those
enumerated in A.155, FC
2. He obtained a favorable judgment against
the owner/s of the family home
3. He has valid profs that the family home is
worth more than the maximum value fixed
under A.157, FC at the time of its
constitution or as a result of subsequent
voluntary improvements.

With the concurrence of the above, the creditor

can file a petition in court which rendered the
favorable judgment for an order directing the sale of
the property. After hearing, if the court is satisfied
with the evidence, the property shall be sold on
execution. No bid below the value allowed for the
family home will be entertained. After the bidding,
the proceeds will be applied first for the payment of
the amount mentioned in A.157, FC. The remainder
will be applied to the satisfaction of the judgment
and the costs. The excess, if any, shall be delivered to
the judgment debtor.

27

PATERNITY and FILIATION
*Filiation- This is the civil status of the child in
relation to his parents
*Paternity/Maternity- This is the civil status of the
parent with respect to the child begotten by them.
Status of Children
1. Legitimate child
2. Illegitimate
3. Legitimated
4. Adopted
I. LEGITIMATE CHILDREN
Children conceived or born during the
marriage of the parents are legitimate.
A child born during wedlock is presumed to
be legitimate. It can be overturned by the
husband or his heirs by clear and convincing
evidence in a case for impugnation of legitimacy
under A.166, FC which must be pursued within
the prescriptive period provided by the law.
Children of Artificial Insemination
Legitimate if the insemination was authorized
by both parents, or not having authorized it but
ratified it in a document executed and signed by
them before the birth of the child.
Test tube Babies
No law dealing with test tube babies, so by
analogy, they are legitimate if:
1. The ovum of the wife is fertilized with the
use of the sperm of the husband
2. If the ovum is fertilized by a donors sperm,
it must be with the written consent or
authorization of the spouses signed and
executed before the birth of the child
3. If there is no such consent, the act is ratified
by the spouses in a written instrument
signed and executed before the birth of the
child.
Action to impugn legitimacy
Grounds:
1. Husbands physical impossibility to have
sexual intercourse with the wife within the
first 120 days of the 300 days immediately
preceded the birth of the child
Because of:
Physical incapacity of the husband
to have sexual intercourse with his
wife
The spouses are living separately in
such a way that sexual intercourse
was not possible
Serious illness of the husband which
absolutely prevented sexual
intercourse
RALacasandile
2. Established by biological or scientific
evidence of the fact that the child could not
be that of the husband (ie DNA, blood test)
3. When the authorization/ ratification of an
artificial insemination resulting in the
conception and birth of a child was
obtained through mistake, fraud, violence,
intimidation or undue influence.
*Who may file
GR: strictly a personal right of the husband.
EXCEPT: The heirs of the husband may impugn the
filiation of the child only in the following cases:
1. If the husband should die before the
expiration of the period fixed for bringing
his action
2. If he should die after the filing of the
complaint, without having desisted
therefrom
3. If the child was born after the death of the
husband
*When to file
Within 1 year
From knowledge of the birth of the child; or
From the date of recording in the civil
register: the husband or any of his heirs in a
proper case reside in the city or municipality
where the child was born or its birth recorded
Within 2 years
If the husband and his heirs do not reside in
same city or municipality where the child was
born or its birth recorded
Within 3 years
If the husband or his heirs are residing
abroad; or
The child was born or its birth registered
abroad.
In case of remarriage (A.168, FC)
Requisites:
1. The first marriage is terminated
2. The mother contracted a subsequent
marriage
3. The subsequent marriage was contracted
within 300 days after the termination of the
previous marriage
4. A child was born
5. There is no evidence to prove that the child
is that of the first or second marriage.
Status of the child:
Child of the first marriage if born before the
lapse of 180 days after the celebration of the
second marriage, provided born within 300
days after the termination of the first
marriage.
Child of the second marriage if born after 180
days following the celebration of the second
marriage irrespective of whether or not it was
28
 RALacasandile

born within 300 days after the termination of Legitimate Illegitimate

the first marriage or afterwards. Surname Use of father Use of mothers
and mothers surname
No presumption for a child born after 300 days after surname
the termination of marriage May use surname
of the father if their
Art. 169, FC: The legitimacy or illegitimacy of a filiation has been
child born after 300 days following the expressly
termination of the marriage shall be proved by recognized by the
whoever alleges such legitimacy or illegitimacy. father
Legitimes Entitled to Entitled only to
legitimes and of the legitimes
other of legitimate
Action to claim legitimacy successional child
*Who and when to file rights granted
to them by the
Art. 173, FC: the action to claim legitimacy may be code
brought by the child during his/her lifetime and Support Entitled to Receive support
shall be transmitted to the heirs should the child support from according to the
die during minority or in a state of insanity. In parents, provision of the
these cases, the heirs shall have a period of 5years ascendants and Family Code
within which to institute the action. in proper cases,
The action already commenced by the child shall
brothers and
survive notwithstanding the death of either or sisters under
both of the parties. Art.174, FC
Action for His or her whole His or her
claim for lifetime lifetime
legitimacy regardless of regardless of
*Proof of filiation
or illegiti- type of proofs type of proofs
1. Record of birth
macy provided under provided under
2. Admission of legitimate filiation in a public
Art172, Family Art172, par1, FC
document or a private handwritten instrument
Code
and signed by the parent concerned
Only lifetime of
3. Open and continuous possession of the status
alleged parent
of a legitimate child
for Art172, par 2
4. Other means allowed by special law and Rules
of Court. Transmiss Yes No
-ible to
RIGHTS OF LEGITIMATE CHILDREN heirs
1. Use the surname of the father under
2. Support Art.173
3. Entitled to legitimes and other successional Right to Yes No right to
rights inherit ab inherit ab intesto
intesto from legitimate
children and
II. ILLEGITIMATE CHILDREN relative of father
Children conceived and born outside of a valid and mother.
marriage are illegitimate. (Iron Barrier
EXCEPT: Rule)
Conceived or born before the
judgment of annulment or absolute Surname of Illegitimate Children
nullity of the marriage under A.36, FC GR: surname of the mother
has become final and executory EXCEPT: may use the surname of the father if their
(Legitimate) filiation has been expressly recognized by the father
Conceived or born of the subsequent through:
marriage under A.53,FC shall likewise o Record of birth appearing in the civil register
be legitimate. o Admission in a public document or private
handwritten instrument is made by the father
Note: The father has the right to institute an action
before the courts to prove non-filiation during his
lifetime.

29
 RALacasandile

III. LEGITIMATED CHILDREN The act of one parent Can result only by the
*Legitimation- It is a remedy or process by (widowed or acts of both parents
means of which those who in fact were not born unmarried) will suffice.
in wedlock and should therefore be ordinarily The relationship The child is given the
illegitimate children, are by fiction of law, created is exclusive same status and rights
considered legitimate, it being supposed that between the parties as a legitimate child
they were born when their parents were already only and does not both in relation to the
validly married. extend to the relatives parents and to the
of either. relatives of the latter.
Requirements: The interest and The raising of the child
1. The parents do not suffer any legal welfare of the child is to the status of
impediment or are disqualified to marry the paramount legitimacy is the main
because either or both of them are consideration. purpose.
below 18yo at the time of the
conception of the child. Rescission of Adoption
2. The child has been conceived and born *Grounds:
outside of a valid marriage. 1. Repeated physical and verbal maltreatment
3. The parents subsequently enter into a by adopters despite having undergone
valid marriage. counselling
2. Attempt on the life of the adoptee
Effect of Legitimation: 3. Sexual assault or violence committed against
1. Legitimated children shall enjoy the same the adoptee
rights as legitimate children. (A.179, FC) 4. Abandonment and failure to comply with
2. The annulment of a voidable marriage shall parental obligations
not affect the legitimation. (A.178, FC)
3. The legitimation of children who died *Who files?
before the celebration of the marriage GR: the adopted
shall benefit their descendants. EXCEPT: if the adopted is a minor
o the person authorized by the court
Note: The effects of legitimation shall retroact o by the proper government agency (DSWD)
to the time of the childs birth. (A.180, FC)
Note: Adopter can no longer rescind adoption.
Action to impugn Legitimation Remedy: disinherit the adoptee
*Who? Only those who will be prejudiced in their
rights can impugn the legitimation of a child. *Effects:
*When? Within 5years from the accrual of the 1. Parental authority shall be reinstated to the
cause of action. parents by nature if the child is still minor or is
*Grounds: incapacitated.
1. The child is not the child of the parents 2. All reciprocal rights and obligations between the
2. The child is not qualified as when his parents adoptee and the adopter arising from the
were suffering from certain impediments at adoption are extinguished.
the time of the childs conception. 3. Adoptee loses the right to use the surname of the
3. The subsequent marriage of the parents is adopter and henceforth shall resume the use of
void. his or her former surname.

When the rescission had been granted, the court

IV. ADOPTED CHILDREN will order the Civil Registrar to cancel the amended
*Adoption- It is a juridical act creating a birth certificate of the adoptee and to restore his/her
relationship between 2 persons, whether original birth certificate.
related or not, whereby a person (adopted) is
raised to the status of a legitimate child of the
other (adopter).

Adoption Legitimation
Takes place only by By subsequent
judicial decree marriage of the
parents
Even strangers can be Only illegitimate
adopted children can be
legitimated

30

SUPPORT
SUPPORT- It is comprised of everything
indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation,
in keeping with the financial capacity of the family.
(A.194, FC)
Characteristics:
1. Personal being based on family ties which bind
the obligor and oblige
2. Exempted from attachment and execution
3. Future support cannot be compromised
4. Variable in amount depending upon the
resources of the giver and the necessities of
the recipient
5. Reciprocal on the part of those bound to
support one another
Amount of support
The amount of support given may be reduced or
increased proportionately in accordance with the
reduction or increase of the necessities of the
recipient and the resources or means of the person
obliged to furnish the same. (A.201 and 202, FC)
Who is entitled to support
The following are obliged to support each
other: (A.195, FC)
1. The spouses
2. Legitimate ascendants and descendants
3. Parents and their legitimate children and
the legitimate and illegitimate children of
the latter
4. Parents and their illegitimate children and
the legitimate and illegitimate children of
the latter
5. Legitimate brothers and sister, whether of
full or half-blood
6. Brothers and sisters not legitimately
related whether full or half-blood
Except when the need for
support of the brother or sister,
being of age, is due to a cause
imputable to the claimants fault
or negligence. (A.196, FC)
Source of Support
GR: separate property of the person obliged to give
support
EXCEPT: the absolute community or the conjugal
property, if financially capable shall advance the
support. (This will be deducted from the share of the
spouse obliged to give support upon the liquidation
of said community or partnership)
When demandable
Art. 203, FC: The obligation to give support shall be
demandable from the time the person who has a
right to receive the same needs it for maintenance,
but it shall not be paid except from the date of
judicial or extrajudicial demand.
RALacasandile
Exemption from levy and attachment
Support is essential for the total
sustenance of a person being supported. To allow
the attachment or execution of the right to support
as well as the money or property obtained as such
will defeat the purpose of support.
Who must pay support
*Order of Liability (A.199, FC)
1. The spouse
2. Descendants in the nearest degree
3. Ascendants in the nearest degree
4. Brothers and sisters
*When there are 2 or more obligors (A.200, FC)
-the payment of support shall be divided between
them in proportion to the resources of each.
EXCEPT in case of urgent need, the court
may order only one of them to furnish the
support provisionally with right of
reimbursement.
*When there are 2 or more recipients (A.200, FC)
-the order in A.199, FC shall be followed
EXCEPT:
o if concurrent: spouse vs child
under parental authority: the
child is preferred
o if same degree of relationship:
equal share
How given
Payment shall be made monthly and within the first
five days of each corresponding month. If the
recipient had received payments in advance, his heirs
shall not be obliged to return the advances to the
obligor in case of death of the recipient. (A.203, FC)
*Options in fulfilling the obligation (A.204, FC)
1. to pay the fixed allowance every five days of
the corresponding month
2. to receive and maintain the oblige in the family
dwelling
*The second option cannot be availed of if
there is moral or legal obstacle thereto, or if
the obligor has no family dwelling. Under
these circumstances, the first option must be
fulfilled.
Note: the option is given to the obligor.
Support given by a stranger
Art. 206, FC: When, without the knowledge of the
person obliged to give support, it is given by a
stranger, the latter shall have a right to claim the
same from the former, unless it appears that he
gave it without any intention of being reimbursed.
The rule is reimbursement to prevent undue
enrichment on the part of the obligor who failed to
31
give the support.
 RALacasandile

Art. 207, FC: When the person obliged to support

another unjustly refuses or fails to give support
when urgently needed by the later, any third
person may furnish support to the needy
individual, with a right of reimbursement from the
person obliged to give support. This Article shall
apply particularly when the father or mother of a
child under the age of majority unjustly refuses to
support or fails to give support to the child when
urgently needed.

The law creates a promise of reimbursement on

the part of the person obliged to give support,
inspite of the deliberate disregard of his legal and
moral duty. The provision is demanded by justice and
public policy.

Contractual Support/Support in a will

Art. 208. FC: In case of contractual support or that

given by will, the excess in amount beyond that
required for legal support shall be subject to levy
on attachment or execution.

Furthermore, contractual support shall be subject

to adjustment whenever modifications is
necessary due to changes in circumstances
manifestly beyond the contemplation of the
parties.

Note: The adjustment does not apply to the support

given by will. Whatever is received is considered an
advance deductible from the ultimate successional
share of the obligee.

When support ceases

1. Death of the obligor or the giver
EXCEPT when the contrary is provided in
the agreement of the parties, in the will of the
testator or special provisions of law.
2. When the resources of the obligor have been
reduced to a point where he cannot give the
support without neglecting his own needs and
those of his family
3. When the recipient no longer needs the
allowance for subsistence
4. When the recipient has committed some act
which gives rise to disinheritance.

32

PARENTAL AUTHORITY
and CUSTODY
*Parental Authority- It is the sum total of the rights
of parents over the person and property of their
children.
It involves a mass of rights and obligations
which the law grants for the purpose of the
childrens physical preservation and
development, as well as the cultivation of
their intellect and the education of their
hearts and senses. As regards parental
authority, there is no power but a task; no
complex of rights, but a sum of duties; no
sovereignty but a sacred trust for the welfare
of the minor. (Incang vs. CA, 296 SCRA 128)
Art. 209, FC: Pursuant to the natural right and duty
of parents over the person and property of their
unemancipated children, parental authority and
responsibility shall include the caring for and
rearing of such children for civic consciousness
and efficiency and the development of their moral,
mental and physical character and well-being.
Characteristics of Parental Authority
1. It is a natural right and duty of parents
2. It cannot be renounced, transferred or
waived
EXCEPT in cases of:
Guardianship
Adoption
Emancipation by concession
Surrender of the child to an orphanage
3. It is jointly exercised by the father and the
mother
4. It is purely personal and cannot be exercised
through agents.
Rules on exercise of parental authority
GR: Joint parental authority by the father and
mother.
In case of disagreement: FATHER prevails
unless there is a judicial order to the
contrary.
In case of death or absence of either: PRESENT
PARENT shall continue to exercise parental
authority.
The remarriage of the surviving parent shall
NOT affect the parental authority over the
children, unless the court appoints another
person to be the guardian of the person or
property of the children. (A.212, FC)
RALacasandile
In case of separation of parents: parent designated
by the court shall exercise parental authority.
The court shall take into account all
relevant considerations especially the
choice of the child over 7 years of age, unless
the parent chosen is unfit. (A.213, FC)
In case of death, absence or unsuitability of the
parents: SURVIVING GRANDPARENT
Substitute parental authority
TENDER AGE PRESUMPTION
No child under 7years old shall be separated from
the mother, unless the court finds compelling reasons
to order otherwise. (A.213, FC)
Filial Privilege Rule
No descendant shall be compelled, in a criminal
case, to testify against his parents and guardians,
except when such testimony is indispensable in a
crime against the descendant or by one parent
against the other. (Art.216, FC)
SUBSTITUTE PARENTAL AUTHORITY
*Order of Preference (A.216, FC)
1. Surviving grandparent
2. Oldest brother or sister, over 21 years old
unless unfit or disqualified
3. Childs actual custodian, over 21 years old
unless unfit or disqualified
*Foundlings, abandoned, neglected or abused
children: (a) Head of childrens home
(b) Orphanages
(c) Similar institutions duly accredited by
the proper government agency.
*Extent of Authority: Same authority over the person
of the child as the parents (A.233, FC)
*Civil Liability
Injuries and damages caused by the acts and
omissions of unemancipated child living in
their company and under parental control.
Direct and primary liability of parents for
quasi-delict and felonies committed by their
minor child.
EFFEECT OF PARENTAL AUTHORITY UPON
PROPERTY OF THE CHILDREN
*Market value of the property or the annual income
of the child EXCEEDS P50,000 : Parent shall be
required to post a bond NOT LESS than 10% of the value
of the property or annual income .
33
 RALacasandile

The purpose of the bond is to guarantee the *Scope of Authority

performance of obligations prescribed for general
guardians. Thus the children are protected from
possibility of abuse of administration or unjustified
alienation of their property by their parents.
*Property earned or acquired with the childs work
or by onerous or gratuitous title: Belongs to the child,
and devoted exclusively to the latters support and
education unless the title or transfer provides
otherwise. (A.226, FC)
The right of the parents over the fruits
and income of the childs property shall be
limited primarily to the childs support and
secondarily to the collective daily needs of
the family.
It extends to all authorized activities whether
inside or outside the premises of the school.
The student is in the custody of the school
authorities as long as he is under the control and
influence of the school and within its premises,
whether the semester has not yet begun or has
already ended. (PSBA vs. CA, January 4, 1992)
*Extent of Liability
-Principally and solidarily liable for damages caused
by the acts or omission of the child while under their
supervision, instruction or custody. (A.219, FC)
Parents: Subsidiarily liable

*Parental properties entrusted to unemancipated

child for management: The net proceeds of such
property shall belong to the owner. The child shall be EMANCIPATION and
given a monthly allowance. The proceeds shall not be AGE OF MAJORITY
charged to the childs legitimes.
Emancipation takes place by the attainment of age
of majority (18 years old; RA 6809)
TERMINATION OF PARENTAL AUTHORITY
*Permanent Termination: Effect:
1. Death of the parents It shall terminate parental authority over the
2. Death of the child person and property of the child who shall then be
3. Emancipation of the child qualified and responsible for all acts of civil life, save
4. Subjected a child to sexual abuse (A.232, FC) the exception established by existing laws in special
cases.
*Other grounds: (A.229,FC)
1. Adoption of the child
2. Appointment of general guardian
3. Judicial declaration of abandonment of the
child in a case filed for the purpose
4. Final judgment of a competent court divesting
the party concerned of parental authority
5. Judicial declaration of absence or incapacity of
the person exercising parental authority

SUSPENSION OF PARENTAL AUTHORITY

*Grounds: (A.231, FC)
1. Treats the child with excessive harshness or
cruelty
2. Gives the child corrupting orders, counsel
3. Subjects the child or allows him to be
subjected to acts of lasciviousness
4. Conviction of a crime which carries with it the
penalty of civil interdiction (A.230, FC)

SPECIAL PARENTAL AUTHORITY

It refers to:
1. Schools
2. Administrators and teachers
3. Individual, entity or institution engaged in
child care

34

NAMES and SURNAMES
A persons name is the designation by which he
is known and called in the community in which he
lives and is best known.
It is defined as the word or combination of
words by which a person is distinguished from other
individuals and also as the label or appellation which
he bears for the convenience of the world at large
addressing him, or in speaking of or dealing with him.
Characteristics:
1. Absolute: intended to protect the
individual from being confused with others
2. Obligatory
3. Fixed, unchangeable or immutable; may be
changed only for good cause and by judicial
proceedings
4. Outside the commerce of men; inalienable
and intransmissible
5. Imprescriptible
RULES on the use of surname:
1. Legitimate and legitimated children:
surname of the father
2. Adopted child: surname of adopter
3. Illegitimate child: surname of the mother
4. Children conceived before the decree
annulling voidable marriage: surname of
the father.
Surname of a married woman
A married woman may use:
1. Maiden first name and surname +
husbands surname
2. Maiden first name + husbands surname
3. Mrs. + husbands full name is permitted, provided it is done on good faith and
*In case of Annulment (Art. 371, CC)
o Guilty party: resume her maiden name + surname
o Innocent:
- May resume maiden name and surname
- May choose to continue using her former
husbands surname
UNLESS the court decrees otherwise, or
she or the former husband is married again
to another person.
*In case of Legal Separation (Art. 372, CC)
- continue to use her name and surname employed
before the legal separation
*In case of a widow (Art. 373, CC)
- may use the surname of the husband as if he were
still living.
RALacasandile
Identity of Names
The younger person shall be obliged to use
such additional name or surname as will avoid
confusion. (Art. 374, CC)
In case of ascendants and descendants (A.375)
- Son: Junior
- Grandson and other direct male
descendants:
o Add middle name or the
mothers surname
o Add Roman Numerals
Change of name
A change of name is a privilege and not a matter
of right, so that before a person can be authorized to
change his name given either in his certificate or civil
registry, he must show proper or reasonable cause
or any compelling reason which may justify such
change. (Yu Chi Han vs. Republic, 15 SCRA 454)
*RA 9048: Clerical Error Act
Grounds for change of first name (Section 4)
1. Ridiculous, tainted with dishonor or
extremely difficult to write or pronounce
2. The new first name is habitually and
continuously used by the petitioner, and has
been publicly known by that name
3. Avoid confusion
Usurpation of name
Subject of an action for damages and other relief
The unauthorized or unlawful use of another
persons surname gives a right of action to the
latter. (Art. 378, CC)
Pen names or Stage Names
The employment of pen names or stage names
there is no injury to third persons. Pen names and
stage names cannot be usurped. (Art.379, CC)
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ABSENCE
Absence- It is the status of a person who disappears
from his domicile and his whereabouts are unknown.
Stages of Absence
1. Provisional Absence
2. Declared Absence
3. Presumptive death
I. PROVISIONAL ABSENCE
-when a person disappears from his domicile, his
whereabouts being unknown, and without leaving
an agent to administer his property
The court may appoint a person to represent him in
all that may be necessary.
In the appointment of a representative,
the spouse present shall be preferred when
there is no legal separation. (A.383, CC)
II. DECLARED ABSENCE
*Periods
2 years from receipt of the last news
5 years in case the absentee left a person in
charge of the administration of his property
Judicial Declaration of Absence
Judicial declaration is necessary for interested
persons to be able to protect their rights, interests
and benefits in connection with the person who has
disappeared. It is also necessary to protect the
interest of the absentee.
The judicial declaration of absence shall not take
effect until 6 months after its publication in a
newspaper of general circulation. (Art. 386, CC)
Who may file (A.385, CC)
1. The spouse present
2. The heirs instituted in a will, who may present
an authentic copy of the same
3. The relatives who may succeed by the law of
intestacy
4. Those who may have over the property of the
absentee some right subordinated to the
condition of his death.
Note: The wife who is appointed as an administratrix
of the husbands property cannot alienate or
encumber the husbands property or that of the
conjugal partnership, without judicial authority. (Art.
388, CC)
Termination of administration
1. Absentee appears personally or by means of an
agent
2. When the death of the absentee is proved and
his testate and intestate heirs appear
RALacasandile
3. When a third person appears, showing by a
proper document that he has acquired the
absentees property by purchase or other title.
Contingent Rights of an absentee
Whoever claims a right pertaining to a person
whose existence is not recognized must prove
that he was living at the time his existence was
necessary in order to acquire said right. (A.393, CC)
The disposition of the inheritance of an absentee
shall benefit either his co-heirs or his own heirs,
assigns or representatives.
The title of the property supposed to be inherited
shall have an annotation stating that within the
prescriptive period provided by law, the property
can be subject to the claim of any person having
interest in the property.
If the absentee reappears, he has the right
to file a petition to be able to get his
rightful inheritance.
Those who may have entered upon the
inheritance shall appropriate the fruits received in
good faith so long as the absentee does not
appear, or while his representatives or successors
do not bring the proper actions. (Art. 396, CC)
III. PRESUMPTIVE DEATH
GR: absence of 7 years for all purposes
EXCEPT:
o In case of succession: absence of 10 years
o If disappeared after 75 years old: absence
of 5 years to open his succession
Note: For purposes of remarriage, 4 consecutive
years is enough for a person to be judicially declared
presumptively dead. (Art. 41, FC)
*Extraordinary Absence
Art. 391, CC: The following shall be presumed dead
for all purposes, including the division of the estate
among the heirs:
1. A person on board a vessel lost during a sea
voyage, or an airplane which is missing,
who has not been heard of for 4 years since
the loss of the vessel or airplane.
2. A person in the armed forces who has taken
part in war, and has been missing for 4
years.
3. A person who has been in danger of death
under other circumstances and his
existence has not been known for 4 years.
In case of reappearance, he shall recover his
property in the condition in which it may be found
and the price of any property acquired therewith,
but he cannot claim either fruits or rents. (A.392, CC)
36