PERSONS AND FAMILY RELATIONS What must judge do?

When there is no statute exactly applicable to the point in controversy, the

CIVIL CODE
custom of the place shall be applied, and in default thereof, the general principles of
law.
Article 1 this act shall be known as the Civil Code of the Philippines.
(This code shall take effect one year after such publication)
Article 10 In case of doubt in the interpretation or application of laws, it is presumed
- Effectivity date August 30 1950
that the lawmaking body intended right and justice to prevail
- Date of release to publication August 30 1949
Dura lex sed lex The law may be harsh but it is the law
Article 2 Laws shall take effect after 15 days following the completion of their
publication either in the Official Gazette, or in a newspaper of general circulation in the
Article 11 Customs which are contrary to law, public order or public policy shall not be
Philippines, unless otherwise provided.
countenanced
Article 12 A custom must be proved as a fact, according to the rules of evidence
- If the law declares that it shall be effective 15 days after its publication.
th
It means that its effectivity is on the 15 day after such publication.
Article 13 When laws speaks of years, months days or nights, it shall be understood
- If the law declares that it shall be effective after 15 days following its
that years are of 365 days each; months, of 30 days; days, of 24 hours; and nights from
publication, its effectivity is on the 16th day thereafter.
sunset to sunrise.
If months are designated by their name, they shall be computed by the
GR: when the law is silent as to its effectivity then it shall take effect after
number of days which they respectively have.
15 days following the completion of its publication.
In computing a period, the first day shall be excluded, and the last day
included.
The clause unless it is otherwise provided refers to the date of effectivity
and not to the requirement of publication itself, which cannot be omitted. (Tanada v.
If the last day falls on Saturday, Sunday or legal holiday:
Tuvera)
In an ordinary Contract: the agreement of the parties prevails because
Article 3 Ignorance of the excuses no one from compliance therewith.
obligations arising from contracts have the force of law between contracting parties.
Under the rules of court, the tune shall no run until the next working day
- Everyone is conclusively presumed to know the law. Article 3 is based on
the constructive notice that the provisions of the law are ascertainable form the public
Article 15 Laws relating to family rights and duties or to status, conditions and legal
and official repository
capacity of persons are binding upon citizens of the Philippines, even though living
- While ignorance of law the law is no excuse, ignorance of fact may excuse
abroad
a party from the legal consequences of his conduct.
- Mistake upon a doubtful or difficult question of law may be the bases of
Nationality Principle with respect to aliens, their national law shall govern
good faith (Kasilag v. Rodriguez)
with respect to their legal capacity
Article 4 Laws shall have no retroactive effect, unless contrary is provided.
GR: A person, wherever he may be, with respect to the laws of that place,
shall govern by the laws of his nationality. (Bellis v. Bellis)
GR: Laws shall have prospective effect unless the contrary is expressly
provided or favorable to the accused in penal statutes.
This article also has same concept on Article 26 par.2 of the family code. I
think!
Article 5 Acts executed against the provisions of mandatory or prohibitory laws shall
be void, except when the law itself authorizes their validity.
Article 16 Real property as well as personal property is subject to the law of country
where it is situated.
- If the law commands something to be done it is mandatory.
However, Intestate and testamentary successions, both with respect to the
- If the law commands that something should not be done it is - prohibitory.
order of succession and to the amount of successional rights and to the intrinsic
- If the law commands that what it permits to be done should be tolerated
validity of testamentary provisions, shall be regulated by the national law of the
or respected, in which case, it is permissive or directory.
person whose succession is under consideration, whatever may be the nature of the
property and regardless of the country wherein the said property may be found
Article 7 Laws are repealed only by subsequent ones, and their violation or non-
observance shall not be excuses by disuse, or custom or practice to the contrary.
A provision in a foreigners will to the effect that his properties shall be
When the courts declared a law to be inconsistent with the Constitution,
distributed in accordance with PH law and not his national law, is illegal and void, for
the former shall be void and the latter shall govern.
his national law cannot be ignored in regard to Art. 16, CC (Bellis v. Bellis)
Administrative or executive acts, order and regulation shall be valid only
when they are not contrary to the laws or the Constitution.
XPN:
Renvoi Doctrine when a decedent is a national of one country and has its
2 Types of Repeal
domicile in another, and such causes in conflict in its laws, wherein the national law
Express repeal is that contained in a special provision of subsequent law.
has a conflict-of-law rule providing the domiciliary system should govern, the same
Implied repeal takes place when the provision of the subsequent law is
would result in a reference back to the law governing the domicile. (Aznar v.
incompatible with those of an earlier law and there is no express repeal.
Christensen-Garcia)
Article 8 Judicial decisions applying or interpreting the laws or the Constitution shall
Renvoi literally means referring back; the problem arises when there is a
form a part of the legal system of the Philippines.
doubt as to whether a reference to a foreign law is a reference to the internal law of
said foreign law; or a reference to the whole of the foreign law, including its conflict
- Only decisions of the Supreme Court establish jurisprudence or doctrines
rules.
in this jurisdiction.
- Doctrine of Stare Decisis

APPLICABILITY OF CUSTOMS

Article 9 No judge or court shall decline to render judgement by reason of the silence,
obscurity or insufficiency of the laws.

DESALES PFR MIDTERMS REVIEWER 1

 Abuse of Rights
Article 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 good faith.
Article 20 every person who, contrary to law, willfully or negligently causes damage to
another, shall indemnify the later for the same.
Article 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
damages.
GR: Breach of promise per se, to marry is not actionable; therefore, no
damages may be claimed. (Hermosisima v. CA)
XPN: When a promise to marry is the proximate cause of the acceptance of
a woman to surrender her virtue and womanhood to a man, but the latter has no
intention of marrying her and that the promise was only a scheme or deception to
accept him and to obtain her consent to the sexual act, could justify damages pursuant
to Article 21 not because of promise to marry but because of the fraud and deceit
behind it. (Gashem Shookat Baksh v. CA)
Mere breach of promise to marry is not an actionable wrong, but if there
have already been preparations: formally set a wedding, publicly announce it, but only
to walk out of it when the matrimony is about to be solemnized, then it is unjustifiably
contrary to good customs. (Wassmer v. CA)
Elements of Article 19:
-there is a legal right or duty
-which is exercised in bad faith
-for the sole intent of prejudicing or injuring another
Elements of Article 21
-There is an act which is legal
-But which is contrary to morals, good custom, public order, or public
policy; and
-It is done with intent to injure
Article 22 Every person who through an act of performance by 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
Unjust Enrichment (NO ONE SHOULD BE UNJUSTLY ENRICHED AT THE
EXPENSE OF ANOTHER)
Accion in rem verso - if a person acquires or comes into possession of
something at the expense of the latter without just or legal ground, shall return the
same to him
Requisites
1) The defendant must be unjustly enriched
2) That the plaintiff has suffered loss
3) That the enrichment of the defendant is without just or legal ground and
4)The plaintiff has no other action based on contract, quasi-contract, crime,
or quasi-delicts
Article 26 Every Person shall respect the dignity, personality, privacy and peace of
mind of his neighbors and other persons. Following and similar acts, though they may
not constitute a criminal offense, shall produce a cause of action for damages,
prevention and other relief;
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) Vexing or humiliating another on account of his religious beliefs, lowly
station in life, place of birth, physical defect, or other personal
condition.
(RIGHT TO PRIVACY)
Article 31 When the Civil Action is based on an obligation not arising from the act or
omission complained of as a felony, such civil action may proceed independently of the
criminal proceedings and regardless of the result of the latter.
Rules of Implied Institution
DESALES PFR MIDTERMS REVIEWER
When a criminal action is instituted, the civil action for the recovery of civil liability
arising from the offense charged shall be deemed instituted with the criminal action
unless the offended party waives the civil action, reserves the right to institute it
separately or institutes the civil action prior to the criminal action.
When Civil Action is reserved
The reservation of the right to institute separately the civil action shall be made before
the prosecution starts presenting its evidence and under circumstances affording the
offended party a reasonable opportunity to make such reservation.
Civil Action is instituted prior to Criminal Action
If the criminal action is instituted after the said civil action has already been instituted,
the latter shall be suspended in whatever stage it may be found before the judgment
on merits. The suspension shall last until the final judgement is rendered in the
criminal action.
Civil Action is instituted but no Criminal Action
When a separate civil action is brought to demand civil liability arising from a criminal
offense, and no criminal proceedings are instituted during the pendency of civil case, a
preponderance of evidence shall sufficient to prove the act complained of.
GR: When a criminal case is filed, civil case is implied. (Samson v. Daway)
XPN to GR:
-reserve to file
-civil case is filed before criminal action
-waived his right to file
Article 36 Prejudicial Questions, which must be decided before any criminal
prosecution may be instituted or may proceed, shall be governed by rules of court
which the Supreme Court shall promulgate and which shall not be in conflict with the
provisions of this Code.
A prejudicial question usually comes into play in a situation where a civil
action and a criminal action both pend and there exists in the former issue which must
be preemptively resolved before the criminal action may proceed.
The issue raised in the civil action is resolved would be determinative juris
et de jure of the guilt or innocence of the accused in a criminal case.
Elements of Prejudicial Questions
1) Previously instituted civil action with issue similarly or intimately
related to the issue raised in the subsequent criminal action
2) The resolution of such issue determines whether or not the criminal
action may proceed
Article 40 Birth determines personality; but the conceived child shall be considered
born for all purposes that are favorable to it, provided it be born later with the
conditions specified in the following article.
Article 41 For Civil purposes, the fetus is considered born if it is alive at the time it is
completely deliver from the mothers womb. However, if the fetus had an intra-uterine
life of less than seven months, It is not deemed born if it dies within 24 hours after its
complete delivery from the maternal womb.
G.R: Birth determines personality
Continental Steel v. Montano
A fetus that was delivered dead never acquired juridical personality, hence
it could not be considered a dependent, since it never needed any support, nor did it
acquire the right to be supported.
-In this cases, what is being establish is bereavement leave and death
benefits, it does not concern about the civil personality.
Requisites for bereavement leave and death benefit:
-There is DEATH!
-Such death must be of employees dependent
-Such dependent must be legitimate and
-Proper legal document to be presented for death benefit
Death has been defines as cessation of life. It did not state that only those
who have acquired juridical personality could die. Even a child inside a womb already
has life, also recognized by the Constitution. Therefore, the cessation of childs life
prior to it being delivered, qualifies as death.
2
Article 42 Civil Personality is extinguished by death In order for donation of property to be valid, donors capacity to give
The effect of death upon the rights and obligations of the deceased is determined by consent at the time of the donation is crucial.
law, by contract and by will. If insanity is raised as defense, the burden of proving such incapacity rests
upon the person who alleges it; if there is no sufficient proof, capacity will be
JURIDICAL PERSONS presumed.
Article 44 the following are juridical persons: Insanity through lucid intervals does not render the incapacity of the person
1) The state and its political subdivisions to enter into a contract. (Catalan v Basa)
2) Corporations, institutions and entities or purpose, created by law;
their personality begins as soon as they have been constituted Dual citizenship arises as a result of the concurrent application of different laws of two
according to law; or more states; a person is simultaneously considered a national by the said states.
3) Corporations, Partnership and Associations for private interest or (Cordora v COMELEC)
purpose to which the law grants a juridical personality, separate and
distinct from that each shareholder, partner or member Article 51 when the law creating or recognizing them, or any other provision does not
fix the domicile of juridical persons, the same shall be understood to be the place
Article 45 Juridical persons mentioned in Nos.1 and 2 of the preceding article are where their legal representation is established or where they exercise their principal
governed by the laws creating or recognizing tem. functions.
Private Corporations are regulated by laws of general application on the
subject. Residence is a place of abode, whether permanent or temporary; domicile
Partnerships and associations for private interest or purpose are governed is a fixed permanent residence to which, when absent, one has the intention of
by the provisions of this Code concerning partnerships. returning.
Domicile of origin is not easily lost.
Article 46 Juridical persons may acquire and possess property of all kinds, as well as Requisites for Changing domicile:
incur obligations and bring civil or criminal actions, in conformity with the laws and -An actual removal or an actual change of domicile,
regulations of their organization. -A bona fide intention of abandoning the former place of residence and
establishing a new one; and
Article 47 upon the dissolution of corporations, Institutions and other entities for -Acts which correspond with the purpose
public interest or purpose mentioned in No. 2 of Article 44. Their property and other
assets shall be disposed of in pursuance of law or the charter creating them. If nothing Elements of Domicile
has been specified on this point, the property and other assets shall be applied to -Physical Presence on fixed placed
similar purposes for the benefit of the region, province, city or municipality which -Animus Manendi intention to retain
during the existence of the institution derived the principal benefits from the same. -Animus Revertendi intention to return
-There must be a substantial tie ( Atty.Muyot lol)
In general Juridical persons are artificial beings to which the law grants a
personality distinct and separate from each individual member composing it and
susceptible to rights and obligation, or of being the subject of legal relations.

Municipal corporations are not liable for torts committed by them in the
discharge of governmental functions and can be held only if it can be shown that they
were acting in a proprietary capacity. (Butte v Manuel Uy & Sons)

Article 38 Minority, Insanity or Imbecility, the state of being deaf-mute prodigality and
civil interdiction are mere restrictions on capacity to act, and do not exempt the
incapacitated persons from certain obligations, as when the latter arise from his acts
or from property relations, such as easements

Article 39 the following circumstances, among others, modify or limit the capacity to
act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family
relations, alienage, absence, insolvency and trusteeship. The consequences of these
circumstances are governed in this Code, other codes, the Rules of Court, and in
special laws capacity to act is not limited on account of religious belief or political
opinion.
A married woman, 21 years of age or over, is quailed for all acts of civil life,
except in cases specified by law.

Restriction of Civil Capacity to Act

1. Minority
2. Insanity
3. Deaf-Mutism
4. Prodigality cant manage he/her own affairs
5. Civil Interdictions
6. Family Relations
7. Alienage

In the sale of real estate Minors who pretend to be of legal age even though
they are not, is valid, and they will not be permitted to excuse themselves from the
fulfillment of the obligations contracted by them. (Mercado v Espiritu)

When sanity of a person is at issue, expert opinion is not necessary.

Evidence establishing the persons state of mental sanity and observations of the trial
judge will suffice. (Hernandez v. Santos)

DESALES PFR MIDTERMS REVIEWER 3

 FAMILY CODE OF THE PHILIPPINES
(Effectivity Date August 3, 1988)
Retroactive Effect of Family Code
This code shall, have retroactive effect insofar as it does not prejudice or impair vested
or acquired rights in accordance with the Civil Code or other laws.
Article 1 Marriage is a special contract of permanent union between a man and a
woman entered into in accordance with law for the establishment of conjugal and
family life. It is the foundation of the family and an inviolable social institution whose
nature, consequences, and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix the property relations during the
marriage within the limits provided by this Code.
-cannot be revoked or terminated
-not just a contract, it is a social institution under the constitution
-there must be no legal impediment between these parties
The following marriage is void under the family code:
1. The marriage contracted by any party who is not legally capacitated;
2. Those marriage where consent is lacking;
3. Those solemnized by any person not authorized to perform marriage,
except when the marriage will fall under the exception mentioned in Article
35(2) of the Family Code.
4. Those solemnized without valid marriage license, except those marriages
exempt from the license requirement; and
5. Common-law marriage and marriages by proxy
A marriage celebrated 120 days after the issuance of marriage certificate will be
void ab initio (Article 20 of the Family Code)
Void marriages are deemed to have not taken place and cannot be the source of
rights. It can be questioned even after the death of one of the parties and any
proper interested party may attack a void marriage. (Ninal v. Bayadog)

It is not essential to record marriage, a mere fact that no record of the

Article 5 Any male or female of the age of eighteen years or upwards not under
marriage exists does not invalidate the marriage provided all requisites for its validity
any of the impediments mentioned in article 37 and 38 may contract marriage
are present. The laws presume that a man and a woman, have entered in a lawful
contract marriage; that a child born in lawful wedlock, there being no divorce, absolute
Article 7 Marriage may be solemnized by:
or from bed and board is legitimate; and that things have happened according to the
1) Any incumbent member of the judiciary within the courts jurisdiction
ordinary course of nature and the ordinary habits of life. (Mariategui v CA)
2) Any, Priest rabbi, imam or minister of any religious church or religious
sect duly authorized by his church or religious sect and registered with
the civil registrar general, acting within the limits of the written
Article 2 No marriage shall be valid, unless these essential requisites are present:
authority to be granted by him by his church or religious sect and
1. Legal Capacity of the contracting parties who must be male and a
provided that at least one of the contracting parties belongs to the
female; and
solemnizing officers church or religious sect;
2. Consent freely given in the presence of the solemnizing officer.
3) Any ship captain or airplane chief only in the cases mentioned in
Article 31
A person who undergone sex reassignment asking for a change of name and
4) Any military commander of a unit which a chaplain is assigned, in the
sex was to validly and legally marry his\her former sex cant be done as the
absence of the latter, during a military operation, likewise only in
law stands today, marriage is a special contract permanent union between
cases mentioned in Article 32; or
and a woman. (Silverio v Republic)
5) Any consul-general or vice-consul in the case provided in Article 10
-Consent is necessary to create a valid marriage; it must be free and
Irregularity on the formal requisites of marriage will not affect the validity
voluntary
of the marriage, however the officiating official may be subjected to
administrative liability. (Navarro v Domagtoy)
Article 3 The formal requisites of marriage are:
1. Authority of the Solemnizing Officer
Marriage in Good faith both parties believe that the solemnizing authority
2. A valid marriage license in the cases provided in the Chapter 2 of this
has the legal authority.
Title; and
3. A marriage ceremony which takes place with the appearance of the
Article 9 A marriage license shall be issued by the local civil registrar of the
contracting parties before the solemnizing officer ad their personal
city or municipality where either contracting party habitually resides,
declaration that they take each other as husband and wife in the
except in marriages where no license is required in accordance with
presence of not less than two witnesses of legal age.
Chapter 2 of this Title.
A marriage license is required in order to notify the public that two persons
Article 10 Marriages between Filipino citizens abroad may be solemnized by
are about to be united in matrimony and that anyone who is aware or has
a consul-general, consul or vice-consul of the Republic of the Philippines.
knowledge of any impediment to the union of the two shall make it known
The issuance of the marriage license and the duties of the local civil
to the local civil registrar.
registrar and of the solemnizing officer with regard to the celebration of
marriage shall be performed by said consular official.
Summary:
Essential Requisites:
Article 14 In case either or both of the contracting parties, not having been
Legal Capacity
emancipated by a previous marriage, are between the ages of eighteen and
Consent
twenty-one, they shall, in addition to the requirements of the preceding
Formal Requisites
articles, exhibit to the local civil registrar, the consent to their marriage of
Authority of the Solemnizing officer
their father, mother, surviving parent or guardian, or persons having legal
Valid Marriage License
charge of them, in the order mentioned. Such consent shall be manifested
Marriage Ceremony
in writing by the interested party, who personally appears before the
proper local civil registrar, or in the form of an affidavit made in the
Article 4 the absence of any of the essential or formal requisites shall render the
presence of two witnesses and attested before any official authorized by
marriage void ab initio, except as stated in Article 35(2)
law to administer oaths. The personal manifestation shall be recorded in
A defect in any of the essential requisites shall render the marriage voidable
both applications for marriage license, and the affidavit, if one is executed
as provided in the Article 45
instead, shall be attached to said applications.
An irregularity in the formal requisites of marriage shall not effect the
Marriages between 18-21 years old, needed to secure consent
validity of the marriage but the party or parties responsible for the irregularity shall be
from parents and without the needed CONSENT, the marriage is
civilly, criminally and administratively liable.
VOIDABLE.
The absence of any essential or formal requisite shall render the marriage
void ab initio

DESALES PFR MIDTERMS REVIEWER 4

Article 15 Any contracting party between the age of twenty-one and
twenty-five shall be obliged to ask their parents or guardian for advice upon
the intended marriage. If they do not obtain such advice, or if it be
unfavorable, the marriage license shall not be issued till after three months
following the completion of the publication of the application therefor. A
sworn statement by the contracting parties to the effect that such advice
has been sought, together with the written advice given, if any, shall be
attached to the application for marriage license. Should the parents or
guardian refuse to give any advice, this fact shall be stated in the sworn
statement.
Marriages between 21-25 years old, needed to secure consent
from parents. If the parties refuse to obtain parental advice, or it
is unfavorable, the marriage license must not be issued till after
three months from the end of the 10-day publication.
Article 16 In the cases where parental consent or parental advice is needed,
the party or parties concerned shall, in addition to the requirements of the
preceding articles, attach a certificate issued by a priest, imam or minister
authorized to solemnize marriage under Article 7 of this Code or a marriage
counselor duly accredited by the proper government agency to the effect
that the contracting parties have undergone marriage counseling. Failure to
attach said certificates of marriage counseling shall suspend the issuance of
the marriage license for a period of three months from the completion of
the publication of the application. Issuance of the marriage license within
the prohibited period shall subject the issuing officer to administrative
sanctions but shall not affect the validity of the marriage.
Should only one of the contracting parties need parental consent or
parental advice, the other party must be present at the counseling referred
to in the preceding paragraph.
Article 17. The local civil registrar shall prepare a notice which shall contain
the full names and residences of the applicants for a marriage license and
other data given in the applications. The notice shall be posted for ten
consecutive days on a bulletin board outside the office of the local civil
registrar located in a conspicuous place within the building and accessible
to the general public. This notice shall request all persons having knowledge
of any impediment to the marriage to advise the local civil registrar thereof.
The marriage license shall be issued after the completion of the period of
publication.
Article 18 In case of any impediment known to the local civil registrar or
brought to his attention, he shall note down the particulars thereof and his
findings thereon in the application for marriage license, but shall
nonetheless issue said license after the completion of the period of
publication, unless ordered otherwise by a competent court at his own
instance or that of any interest party. No filing fee shall be charged for the
petition nor a corresponding bond required for the issuances of the order.
Notice made to the local civil registrar of any impediment to the
marriage shall not prevent the issuance of the marriage license
after the 10-day publication unless otherwise ordered by a
competent court upon petition of the civil registrar at his own
instance or that of any interested party.
Article 19 the local civil registrar shall require the payment of the fees
prescribed by law or regulations before the issuance of the marriage
license. No other sum shall be collected in the nature of a fee or tax of any
kind for the issuance of said license. It shall, however, be issued free of
charge to indigent parties, that is those who have no visible means of
income or whose income is insufficient for their subsistence a fact
established by their affidavit, or by their oath before the local civil registrar.
Indigent parties are free from fees
Article 20 The license shall be valid in any part of the Philippines for a
period of one hundred twenty days from the date of issue, and shall be
deemed automatically canceled at the expiration of the said period if the
contracting parties have not made use of it. The expiry date shall be
stamped in bold characters on the face of every license issued.
DESALES PFR MIDTERMS REVIEWER
Article 2 1When either or both of the contracting parties are citizens of a
foreign country, it shall be necessary for them before a marriage license can
be obtained, to submit a certificate of legal capacity to contract marriage,
issued by their respective diplomatic or consular officials.
Stateless persons or refugees from other countries shall, in lieu of the
certificate of legal capacity herein required, submit an affidavit stating the
circumstances showing such capacity to contract marriage.
Article 22 the marriage certificate, in which the parties shall declare that
they take each other as husband and wife, shall also state:
(1) The full name, sex and age of each contracting party;
(2) Their citizenship, religion and habitual residence;
(3) The date and precise time of the celebration of the marriage;
(4) That the proper marriage license has been issued according to law,
except in marriage provided for in Chapter 2 of this Title;
(5) That either or both of the contracting parties have secured the parental
consent in appropriate cases;
(6) That either or both of the contracting parties have complied with the
legal requirement regarding parental advice in appropriate cases; and
(7) That the parties have entered into marriage settlement, if any, attaching
a copy thereof.
It is not an essential requisite of marriage. Thus, an oral
solemnization of the marriage is sufficient. Failure to sign the
marriage contract does NOT invalidate the marriage. Said
marriage contract being notarized, the document now carries
the evidentiary weight conferred upon it with respect to its due
executive, and documents acknowledged before a notary public
have in their favor the presumption of regulating.
Article 23 It shall be the duty of the person solemnizing the marriage to
furnish either of the contracting parties the original of the marriage
certificate referred to in Article 6 and to send the duplicate and triplicate
copies of the certificate not later than fifteen days after the marriage, to
the local civil registrar of the place where the marriage was solemnized.
Proper receipts shall be issued by the local civil registrar to the solemnizing
officer transmitting copies of the marriage certificate. The solemnizing
officer shall retain in his file the quadruplicate copy of the marriage
certificate, the copy of the marriage certificate, the original of the marriage
license and, in proper cases, the affidavit of the contracting party regarding
the solemnization of the marriage in place other than those mentioned in
Article 8.
Four copies of the marriage contract (certificate) must be made,
as follows:
(a) One for the contracting parties;
(b) Two for the local civil registrar (who must receive it within 15
days after the celebration); and
(c) One for the person solemnizing.
*Even if no one receives a copy, the marriage will still be valid.
Article 24 It shall be the duty of the local civil registrar to prepare the
documents required by this Title, and to administer oaths to all interested
parties without any charge in both cases. The documents and affidavits filed
in connection with applications for marriage licenses shall be exempt from
documentary stamp tax.
The preparation of documents and the administration of oaths
shall be done FREE. No documentary stamp required for
documents and affidavits filed in connection with application for
marriage license.
Article 25 The local civil registrar concerned shall enter all applications for
marriage licenses filed with him in a registry book strictly in the order in
which the same are received. He shall record in said book the names of the
applicants, the date on which the marriage license was issued, and such
other data as may be necessary.
The entries must be chronological and pertinent data must be
recorded
5
Article 26 All marriages solemnized outside the Philippines, In accordance with the
laws in force in the country where they were solemnized, and valid there as such, shall
also be valid in this country except those prohibited under Articles 35(1), (4), (5) and
(6), 36, 37and 38.
Where a marriage between a Filipino citizen and a foreigner is validly
celebrated and a divorce is thereafter validly obtained abroad by the alien spouse
capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry
under Philippine Law.
Lex Loci Celebrationis, All marriages solemnized outside the Philippines, in
accordance with the laws in force in the country where they were solemnized, and
valid there as such, shall also be valid in this country
A divorce obtained abroad by an alien may be recognized in the Philippine
jurisdiction, provided such decree is valid according to the national law of the
foreigner. However, the divorce decree and the governing personal law of alien spouse
who obtained the divorce must be proven according to our law of evidence. (Garcia v
Recio)
Where a marriage between a Filipino citizen and a foreigner is validly
celebrated and a divorce is thereafter validly obtained abroad by the alien spouse
capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to
remarry under Philippine law. (Republic v Obrecido)
Paragraph 2 of Article 26 should be interpreted to include cases involving
parties who, at the time of the celebration of the marriage were Filipino citizens, but
later on, one of them becomes naturalized as a foreign citizen and obtains a divorce
decree. The Filipino spouse should likewise be allowed to remarry as if the other party
were a foreigner at the time of the solemnization of the marriage.
Twin elements of Article 26, paragraph 2:
(1) There is a valid marriage that has been celebrated between a Filipino citizen
and a foreigner; and
(2) A valid divorce is obtained abroad by the alien spouse capacitating him or
her to remarry.
The alien spouse can claim no right under the second paragraph of Article
26 of the Family Code as the substantive right to remarry establishes is in favor of the
Filipino spouse
The resolution of the issue requires a review of the legislative history and
intent behind the second paragraph of Article 26 of the Family Code. The legislative
intent is for the benefit of the Filipino spouse, by clarifying his or her marital status,
settling the doubts created by the divorce decree. ( Corpuz v Sto.Tomas)
The Rule on Declaration of Absolute Nullity of Void Marriages and
Annulment of Voidable Marriages (A.M. No. 02-11-10-SC) does not apply in a petition
to recognize a foreign judgment relating to the status of a marriage where one of the
parties is a citizen of a foreign country. Moreover, the Court held that the rule in A.M.
No. 02-11-10-SC that only the husband or wife can file a declaration of nullity or
annulment of marriage does not apply if the reason behind the petition is bigamy.
Since the recognition of a foreign judgment only requires proof of fact of
the judgment, it may be made in a special proceeding for cancellation or correction of
entries in the civil registry under Rule 108 of the Rules of Court.
Sec. 1. Who may file petition. Any person interested in any act, event,
order or decree concerning the civil status of persons which has been recorded in the
civil register, may file a verified petition for the cancellation or correction of any entry
relating thereto, with the Regional Trial Court of the province where the corresponding
civil registry is located.
(Fujiki v. Marinay)
Chapter 2. Marriages Exempted from License Requirement
Article 27 In case either or both of the contracting parties are at the point of death, the
marriage may be solemnized without necessity of a marriage license and shall remain
valid even if the ailing party subsequently survives.
In articulo mortis
Article 28 If the residence of either party is so located that there is no means of
transportation to enable such party to appear personally before the local civil registrar,
the marriage may be solemnized without necessity of a marriage license.
In remote places
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Article 29 In the cases provided for in the two preceding articles, the solemnizing
officer shall state in an affidavit executed before the local civil registrar or any other
person legally authorized to administer oaths that the marriage was performed in
articulo mortis or that the residence of either party, specifying the barrio or barangay,
is so located that there is no means of transportation to enable such party to appear
personally before the local civil registrar and that the officer took the necessary steps
to ascertain the ages and relationship of the contracting parties and the absence of
legal impediment to the marriage.
Article 30 The original of the affidavit required in the last preceding article, together
with the legible copy of the marriage contract, shall be sent by the person solemnizing
the marriage to the local civil registrar of the municipality where it was performed
within the period of thirty days after the performance of the marriage.
Article 31 A marriage in articulo mortis between passengers or crew members may
also be solemnized by a ship captain or by an airplane pilot not only while the ship is at
sea or the plane is in flight, but also during stopovers at ports of call.
Article 32 A military commander of a unit, who is a commissioned officer, shall
likewise have authority to solemnize marriages in articulo mortis between persons
within the zone of military operation, whether members of the armed forces or
civilians
Article 33 Marriages among Muslims or among members of the ethnic cultural
communities may be performed validly without the necessity of marriage license,
provided they are solemnized in accordance with their customs, rites or practices
Article 34 No license shall be necessary for the marriage of a man and a woman who
have lived together as husband and wife for at least five years and without any legal
impediment to marry each other. The contracting parties shall state the foregoing facts
in an affidavit before any person authorized by law to administer oaths. The
solemnizing officer shall also state under oath that he ascertained the qualifications of
the contracting parties are found no legal impediment to the marriage
The 5-year period should be computed on the basis of a cohabitation as
husband and wife where the only missing factor is the marriage contract to validate
the union. This 5-year period should be the years immediately before the day of the
marriage and it should be a period of cohabitation characterized by exclusivity -
meaning no third party was involved at any time within the 5 years and continuity -
that is unbroken (Ninal vs. Bayadog)
the Supreme Court laid down the requisites to avail the exemption under Article 34 of
the Family Code:
a.The man and woman must have been living together as husband and wife
for at least five years before the marriage;
b.The parties must have no legal impediment to marry each other;
c.The fact of absence of legal impediment between the parties must be
present at the time of marriage;
d.The parties must execute an affidavit stating that they have lived together
for at least five years [and are without legal impediment to marry each
other; and
e.The solemnizing officer must execute a sworn statement that he had
ascertained the qualifications of the parties and that he had found no legal
impediment to their marriage
6
 Chapter 3. Void and Voidable Marriages
Article 35 The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with
the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform
marriages unless such marriages were contracted with either or both
parties believing in good faith that the solemnizing officer had the legal
authority to do so;
(3) Those solemnized without license, except those covered the preceding
Chapter;
(4) Those bigamous or polygamous marriages not failing under Article 41;
(5) Those contracted through mistake of one contracting party as to the
identity of the other; and
(6) Those subsequent marriages that is void under Article 53.
A marriage contracted by any person during the subsistence of a previous
valid marriage shall be null and void.
The petition for annulment/declaration of nullity of the previous
marriage is not a prejudicial question, hence, the proceedings in the bigamy
case should have not been suspended during the pendency of the
annulment case
The subsequent judicial declaration of the nullity of the first
marriage was immaterial because prior to the declaration of nullity, the
crime had already been consummated (Abunado v People)
Article 36 A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of
marriage, shall likewise be void even if such incapacity becomes manifest only after its
solemnization.
Molina Guildlines
1. burden of proof belongs to the plaintiff. Any doubt should be resolved in favor
of the existence and continuation of the marriage and against its dissolution
and nullity.
From Atty.Canlas
2. root cause of the psychological incapacity must be:
a. medically or clinically identified
b. alleged in the complaint
c. sufficiently proven by experts
d. explained in the decision
The evidence must convince the court that the parties, or one of them, was
mentally or physically ill to such an extent that the person could not have
known the obligations he was assuming
Three basic requirements of psychological incapacity as a
ground for declaration of nullity of the marriage; a) gravity, b)juridical
antecedence, and c) incurability (Santos v. CA)
It is difficult to see how a pathological liar would be able to
commit the basic tenets of relationship. (Antonio v Reyes)
If a spouse, although physically capable but simply refuses to
perform his or her essential marital obligations and the refusal is senseless
and constant, Catholic marriage tribunals attribute the causes to
psychological incapacity than to stubborn refusal. Furthermore, one of the
essential marital obligations under the Family Code is to procreate children
thus constant non- fulfillment of this obligation will finally destroy the
integrity and wholeness of the marriage. (Chi Ming Tsoi v CA)
There is no requirement that the respondent be examined by
the physician or psychologist for the declaration of the nullity of marriage
based on psychological incapacity. It will be based on the totality of the
evidence presented by the plaintiff as long as it complied with the
guidelines of Molina. The expert witness should not rely merely on the
information gathered from the petitioner but he/she can provide other
collateral source of information like interviews from relatives to be the
basis of creating the personality profile of the respondent. Psychologist is
not limited to the interview. He/she administered several standardized
tests to prove the veracity and truthfulness of the statements given by the
sources of information
(Marcos v Marcos/ Te v Te)
it is not the frequency of the mahjong sessions but it is the fact
that the wife should have known that bringing her children of very tender
ages along to her mahjong sessions would expose them to a culture of
gambling and other vices that would erode their moral fiber (Kalaw v
Fernandez)
1. Molina Guidelines remains to be valid
2. Expert testimony is decisive
3. It is not required to examine the respondent
4. Article 36 is patterned to church doctrine on annulment of
matrimonial tribunal
5. Article 26 has no fixed definitions
6. Possibility of variation of decisions
7. RTC decisions are binding

3. incapacity must be existing at the time of the celebration of marriage

juridical antecedence

4. incapacity must be permanent or incurable not susceptible of any kind of

treatment. Furthermore, such incapacity must be relevant to the assumption
of marriage obligations, not necessarily to those not related to marriage

5. Illness is grave enough to bring about disability to assume marital obligations.

Thus, "mild characterological peculiarities, mood changes, occasional
emotional outbursts" cannot be accepted as root causes

6. Marital obligations refer to Art. 68 71 of the Family Code as well as Art 220,
221 and 225 of the Family Code, Such non-complied marital obligations must
also be stated in the petition, proven by evidence and included in text of
decision.

7. Interpretations of the National Appellate Matrimonial Tribunal of the Catholic

Church of the Philippines while not controlling should be given great respect

8. Trial court must order the prosecuting attorney or fiscal and the Solicitor
General to appear for the state. No decision shall he handed down unless the
Solicitor General issues a certification, which will be quoted in the decision,
briefly staring therein his reasons for his agreement or opposition, as the case
may be, to the petition.

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Article 37 Marriages between the following are incestuous and void from the
beginning, whether relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood.

Article 38 the following marriages shall be void from the beginning for reasons of
public policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up
to the fourth 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 the 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; and
(9) Between parties where one, with the intention to marry the other, killed
that other person's spouse, or his or her own spouse.

Article 39 the action or defense for the declaration of absolute nullity of a marriage
shall not prescribe.

Article 40 the absolute nullity of a previous marriage may be invoked for purposes of
remarriage on the basis solely of a final judgment declaring such previous marriage
void

The absolute nullity of a previous marriage may be invoked for purposes of

remarriage on the basis solely of a final judgment declaring such previous marriage
void.

There is a requirement for the judicial declaration of the nullity of previous

marriage regardless of its status or characteristics before contracting a
subsequent marriage. The rationale of the framers of these provisions is to
remedy the situation of the parties who declared their own capacity to
marry. (Terre v Terre)

NOTE: 15 days after decision is a Certificate of Finality of Judgement so that

it will not be appealable by other party or the SOLGEN. 6 copies of
certificate, record in the local civil registry, then NSO (central office) the
marriage contract should be annotated stating the judicial decree.

The declaration of judicial declaration of nullity of marriage is not solely for

the purpose of remarriage but can also be filed for the liquidation, partition
ad distribution of the properties of the spouses, the custody and support of
the common children and the delivery of their presumptive legitimes. But
this can also be filed in a separate case without the dissolution of marriage.
(Domingo v CA)

If the first marriage was voidable, therefore it is valid until annulled.

Annulment has yet been made, it is clear that when the subsequent
married was contracted there is a valid subsisting marriage which made
the second marriage NULL and VOID.
(Wiegel v Simpio-Dy)

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