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2008-2009
Page 1 of 170
Karichi E. Santos | UP Law B2012
PERSONS
& FAMILY
RELATION
S
Professor E. A.
Pangalangan
Caveat lector.
PERSONS AND FAMILY RELATIONS | Prof. E. A. Pangalangan, A.Y. 2008-2009
Page 3 of 170
Karichi E. Santos | UP Law B2012
II. CIVIL Juridical Capacity <- CIVIL CAPACITY -> Capacity to Act
Art 37
Aptitude to holding and Aptitude to exercise of
CHARACTERISTICS OF CIVIL PERSONALITY 3. But it can enjoy rights like inherit from will or
1. not a being, but a quality of certain beings intestacy and be given donations even before
2. not a physical element, but a juridical birth
concept
3. not an object of contract, or of possession, CC, Art 41 For civil purposes, the fetus is considered born if it is alive
cannot be impaired by agreement mother’s womb. However, if the fetus had an intra-uterine life of less
4. matter of public interest within 24 hours after its complete delivered from the maternal womb.
PERSONALITY v CAPACITY
(These two concepts are intimately related but not - If intrauterine life < 7 months, then the fetus must
identical) live for 24 hours (even if life is machine sustained
only)
Personality is: - Otherwise, even if death is by accident without
- is product of capacity in law which fetus could have survived (e.g. the janitor
- external manifestation of capacity accidentally tripped on the incubator or life support’s
- synonymous to juridical capacity plug and caused the fetus’ death), kahit 22 hours pa
- Generally, cannot be limited yan, it will not be considered alive
- Specifically, may suffer limitations because it’s - No special sign of life required. Though complete
merely the result of capacity to act respiration may be indicated by crying or floating of
lungs (which you can only do in case of death)
CC, Art 37 Juridical capacity, which is fitness to be - Viability (complete and independent functioning of
the subject of legal relations, is inherent in every natural
internal organs) not required
person and is lost only through death. Capacity to act,
which is the power to do acts with legal effect, is - In case of doubt, there is presumption that the
acquired and may be lost. child was born alive
PERSONS AND FAMILY RELATIONS | Prof. E. A. Pangalangan, A.Y. 2008-2009
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hacked him and his wife and 7 children. His wife and
GELUZ v CA (1961) six of the kids died.
2 SCRA 801 - Of the 14 suspects, only 2 were apprehended,
- Nita Villanueva had three abortions with Dr. Antonio Ciriaco Baldesco and Bonifacio Tirol. After they were
Geluz which Oscar Lazo, the husband, is not aware found guilty of the crime of murder of the 7 persons,
of they filed an appeal, during which Baldesco died.
- Husband filed for damages of P3000 by virtue of Art
2206 which CA sustained ISSUE: WON Baldesco can still be held liable for his
offense
ISSUE: WON husband can claim damages for the
death of the unborn fetus? HELD: Court dismissed the criminal case since
Baldesco is already dead. However, Baldesco’s
HELD: No. The fetus was not yet born and thus does personality is continued in his estate (Art 42) hence
not have civil personality. According to Article 40, the civil liabilities will be recovered from his estate.
birth determines personality. In this case, the fetus
does not yet possess a personality to speak of CC, Art 43 If there is a doubt, as between two or more persons who ar
because it was aborted in uterus. The child should died first, whoever alleges the death of one prior to the other,
be born before the parents can seek any recovery for presumed that they died at the same time and there shall be no t
damages. Action for pecuniary damages on account
of personal injury or death pertains primarily to the
Rule 123 of Sec 60 of Revised Rules of Court
one injured. There could be no action for such
resorted to only if there are no
damages that can be instituted on behalf of the
inferential/circumstantial evidences to be inferred
unborn child for the injuries it received because it
from
lacked juridical personality. The damages which the
parents of an unborn child can recover are limited to
1. Both under 15 older
moral damages, in this case, for the act of the
2. Both over 60 younger
appellant Geluz to perform the abortion. However,
3. Under 15 and over 60 younger
moral damages cannot also be recovered because
4. Between 15 – 60 male or if same sex,
the wife willingly sought the abortion, and the
older
husband did not further investigate on the causes of
the abortion. Furthermore, the husband did not seem 5. Under 15/over 60 & bet between the
to have taken interest in the administrative and 15 and 60
criminal cases against the appellant, but was more
concerned in obtaining from the doctor a large • Applicable only when (1) calamity & (2) involves
money payment. succession
*According to Ma’am: In the Philippines, people who • Weakness of Rule 123 according to Ma’am: Since
seek pecuniary damages for loss of relatives are this presumption is based on strength, age and
seen in a negative light. It gives the impression that sex of individuals discrimination between
“you’re just after the money.” But it should not be close ages is not accurately represented e.g.
the case. who will survive between 12 and 15 years old
considering they have approximately the same
level of strength?
CC, Art 42 Civil personality is extinguished by death.
Juridical Persons
HELD: Inference can be derived from the evidences
so no need to use presumption. That the mother Kinds of Juridical Persons (CC, Art 44) and laws governing them (CC, A
(Angela) died before her son was based on
speculations, not evidence. Gauged by the doctrine 1) state and its political subdivisions – governed by the laws creating
of preponderance of evidence by which civil cases 2) other corporations, institutions and entities for public interest cr
are decided, this inference should prevail. Evidence recognizing them
of survivorship may be (1) direct (2) indirect (3) 3) corporations, partnerships and associations for private interest or
circumstantial or (4) inferential. Art 43 speaks about separate and distinct from that of each shareholder, partner or
resolving doubt when 2 or more persons are called provisions of this Code concerning partnership
to succeed each other as to which of them died first.
In the Civil Code, in the absence of proof, it is
presumed that they died at the same time, and CC, Art 47 Dissolution of No 2 - in pursuance of law or the charter crea
there shall be no transmission of rights from one
to another. In the Rules of Court, in cases of
calamity, there is a hierarchy of survivorship. B. Capacity to Act and
Restrictions Thereon
1. Presumption of Capacity
STANDARD OIL CO. v ARENAS (1911)
19 Phil 363
1908 Vicente Villanueva signed a bond as surety
for Codina Arenas in favor of plaintiff
1909 The plaintiff sued on the bond; Villanueva did
not appear, and was declared in default.
- Wife appeared when judgment was about to be
executed and asked that he be relieved from the
bond and the judgment because he was insane
(declared insane by July 24, 1909) with his wife
as his guardian.
- Case was reopened and tried and the evidence
showed that Villanueva executed the bond with
full understanding of the nature and
consequences of the act performed by him
although he was suffering from a monomania of
great wealth.
- He was, therefore, held liable on the bond.
Hence appealed to the SC.
ISSUE:
1. WON monomania of wealth necessarily
warrants that the person does not have
capacity to act
2. WON Villanueva was actually incapable of
entering into contract at the time the bond
was executed
wealth does not necessarily imply that the Art 1390 (1) if one is incapable of contract,
person is incapable of executing a bond such valid unless courts says otherwise
as that in question. VOIDABLE
4. Capacity to act must be supposed to attach to Art 1403 (3) if both is incapable
a person who has not previously been declared UNENFORCEABLE unless ratified
incapable, and such capacity is presumed to Art 1397 capacitated party cannot allege the
continue for so long as the contrary is not incapacity of other parties
proved, that is, at the moment of his acting he Art 1399 restitution not obliged if not benefited
was incapable, crazy, insane, or out of his
mind; which, in the opinion of the court, has MERCADO v ESPIRITU (1917)
not been proved in this case. 37 Phil 215
- Domingo Mercado and Josefa Mercado were
2. Restrictions minors (under the Civil Code), 18 and 19 years
old respectively, on the date the instrument
(sale of land to their uncle) was executed so they
CC, Art 6 Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs or
prejudicial to a third person with a right recognized by law.
seek for annulment of contract.
- However, in the deed of sale they stated that
they were of legal age at the time they executed
CC, Art 38 Minority, insanity/imbecility, state of being and signed it; and they made the same
deaf-mute, prodigality and civil interdiction are mere manifestation before the notary public when the
restriction on capacity to act, and do not exempt the document was prepared.
incapacitated person from certain obligations, as when
the latter arise from his acts of from property relations.
ISSUE: WON the dead of sale was invalid because
the contractors are minors
still civilly liable although criminally not liable HELD: No. The courts have laid down the rule that
can have obligation except for contracts the sale of real estate, effected by minors who have
already passed the age of puberty and
SOURCES OF OBLIGATIONS (obligations arise from…) adolescence and are near the adult age, when they
1. law 4. crimes/delicts pretend to have already reached their majority, while
2. contracts 5. quasi-delicts in fact, they have not, is valid, and they cannot be
3. quasi-contracts 6. torts permitted afterwards to excuse themselves from
compliance with the obligation assumed by them or
REINTEGRATION OF CAPACITY seek their annulment.
1. upon reaching age of majority - Their misrepresentation estopped them from
2. civil interdiction, extinction of principal penalty claiming the invalidity of the contract.
3. judicially determined competence without - Art 1390, CC binding at the discretion of the
guardian (for the first two, no need for court Court. It does not favor the offender, come to
proceeding) Court with clean hands.
An incapacitated person is not exempt from BAMBALAN v MARAMBA (1966)
obligations – civilly liable but not criminally liable. 51 Phil 417
This is kind of confusing because he is excluded from - Isidro Bambalan, a minor, executed a deed of
“all except contracts”, BUT what exactly is “not a sale of a piece of land to the defendant,
contract” Genoveva Muerong.
- Bambalan made no representation as to his age,
CC, Art 39 Modify, limit or restrict capacity to act
which was well known to the defendant,
1. age (minority) 7. alienage
2. insanity 8. absence inasmuch as the latter was the one who
3. imbecility 9. family relations purchased the plaintiff’s cedula to be used in the
4. state of being deaf-mute 10. trusteeship acknowledgement of the document before a
5. penalty 11. insolvency notary public.
6. prodigality - Plaintiff now seeks to annul the sale.
B. Insanity
Contracts
Art 1327 (2) insane/demented cannot give
consent to contract
Art 1328 (1) contracted in a lucid interval is
valid, but burden to prove lucid interval
on prosecution
Art 1399 restitution not obliged if not benefited
Crime
Art 12(1) not exempt from criminal liability if lucid
interval
PRESUMPTION OF SANITY
a) circumstantial evidence is sufficient
b) insanity must prove to precede the act
E. Civil Interdiction
Art 34, RPC Civil interdiction. — Civil interdiction
shall deprive the offender during the
time of his sentence of the rights of
parental authority, or guardianship,
either as to the person or property of any
ward, of marital authority, of the right to
manage his property and of the right to
dispose of such property by any act or
any conveyance inter vivos.
MARRIAGE
HELD: Unconstitutional for many reasons. As for the
state interests:
1) Counseling also is not even an assurance of
permission
2) Protect welfare of out custody children to compel
FC, Art 1 Marriage is a special contract of permanent collection and incentive to delivery of money to prior
union between a man and a woman entered into in children but there are also other means like wage
accordance with the law, for the establishment of family assignment, civil contempt proceedings or criminal
and conjugal life. It is the foundation of family and an penalty
inviolable social institution whose nature, consequences
and incidents are governed by the law and not subject 3) Prevent incurring of new obligation under
to stipulation, except that marriage settlements may fix inclusive because new marriage is not the only way
property relations during the marriage within the limits people spend their resources, over inclusive because
provided by this Code. they could be marrying to a better financed couple.
COMMIT TO MEMORY!!! Also it only adds more children out of wedlock.
(2) husband responsible for support her name was purged from the registration list.
(3) wife responsible for domestic and childcare Hence this action.
services
ISSUE: WON compulsory/mandatory to change name
GRAHAM v GRAHAM (1940) (pronounced as upon marriage
/grahm/)
33 F. Supp. 936 HELD: No. Woman upon marriage, may elect to
- James Sebastian Graham, plaintiff sues his retain her own surname or she may adopt the
former wife, Margrethe, defendant, to recover surname of her husband and the choice is hers. So
what he was allegedly entitled by a written long as a person’s name remains constant and
agreement wherein defendant agreed to pay the consistent, and unless until changed in prescribed
plaintiff a certain some of money. manner, and in absence of any fraudulent or legally
impermissible intent, state has no legitimate concern
- The agreement was that the wife asked husband as to name used.
to quit his job so that he can accompany her to
his travels, to which he agreed as long as she *According to Ma’am Beth the legal name of any
will pay him $300 each month. The monthly person is the one written on the birth certificate (CC,
payment is to be in force until the parties no Art 370)
longer desire the agreement.
IN RE SANTIAGO (1940)
ISSUE: WON the agreement compels the wife to 70 Phil 66
continue paying her husband the $300
- Ernesto Baniquit and Soledad Colares separated
HELD: No, the contract is not valid. Marriage contract for 9 consecutive years, want to remarry so they
specifies that it’s the husband’s duty or obligation to sought the aid of Atty. Roque Santiago
support and live with his wife, and the wife must - He instituted a document that waives whatever
contribute her services and society to the husband right of action one might have against each
and follow him in his choice of domicile. Also, a other but realized mistake after 19 days and
private agreement between persons married or cancelled the document
about to be married whereby they attempt to
change the essential obligations of the marriage ISSUE: WON the document signed by the spouses
contract is contrary to public policy. legitimately terminated the marital tie between
them.
BRADWELL v ILLINOIS (1872)
93 US (16 wall) 130 HELD: No. Termination of the marriage cannot be
stipulated by the parties. Santiago guilty of
- Myra Bradwell was denied license to practice law malpractice and suspended for 1 year.
JUST BECAUSE SHE IS A FEMALE.
- “That God designed the sexes to occupy SELANOVA v MENDOZA (1975)
different spheres of action and that it belonged 64 SCRA 69
to men to make, apply and execute the laws, - Respondent Judge Alejandro Mendoza prepared a
was regarded as an almost axiomatic truth” document extrajudicially liquidating the conjugal
Amazing… they were able to talk to God directly. partnership of Saturnino Selanova and Avelina
- Prescribe the qualifications for admission to the Ceniza.
bar of its own courts is unaffected by the 14th - One condition of the liquidation was that either
amendment spouse would withdraw the complaint for
adultery or concubinage which each had filed
DUNN v PALERMO (1975) against the other and they waived their right to
522 S. W. 2d 679 prosecute each other for whatever acts of
- Rose Palermo is a Nashville lawyer who married infidelity either one would commit against the
Denty Cheatham, also a Nashville lawyer. She other.
has continued to use and enjoy her maiden - This document was also acknowledged before
name, Palermo, professionally, socially and for him as “City Judge and Notary Public Ex Officio.”
all purposes. Tennessee had a state-wide - Selanova charged Judge Mendoza with gross
compulsory Registration Law. Subsequent to her ignorance of the law.
marriage, she lodged with the Registrar a
change of address form listing her name as ISSUE: WON marriage is valid
Palermo.
- She was advised that she was required to HELD: Agreement is void because it contravenes the
register anew under the surname of her provisions of paragraphs (1) and (2) of CC Art 221.
husband, or have her name purged from the Even before the enactment of the NCC, this court
registration list. Upon her refusal to so register, held that the extrajudicial dissolution of the conjugal
partnership during the marriage without judicial
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approval “secured beforehand” was void. While GOODRIDGE v DEPT OF PUBLIC HEALTH (2003)
adultery and concubinage are private crimes, they 440 Mass. 309
shall remain crimes, and a contract legalizing their - 14 individuals (7 couples) were deprived of
commission is contrary to law and consequently not marriage license because they were the same
judicially recognizable. Respondent is severely sex
censured. - They are professionals and active in socio-civic
activities, there was longevity in the relationship
ASSUMPTIONS OF FAMILY LAW (Weitzman article)
and defendants were involved (adopted children
1. Marriage is a permanent, indissoluble,
and parents)
lifetime commitment
- They met all facial qualifications, list of
2. First marriages (young & no previous impediment was not presented by civil registrar
marriages) (to prove that same sex marriage is one of them)
3. Main reason is procreation - LEGISLATIVE RATIO:
4. Strict division of labor 1. favorable setting for procreation
5. White middle-class family (property and 2. optimal setting for child rearing
inheritance) 3. conserving scarce state and private financial
6. Judeo-Christian tradition (monogamy) resources
ISSUE: WON he is entitled to the change of name - Godofredo married Luida with the belief that she
action was a virgin. 89 days after the marriage
celebration, Luida gave birth. Her husband
HELD: NO! Godofredo herein appellant filed for annulment
1. Names are for purposes of identification: Art on the ground that she concealed her non-
376, CC (no change of name without judicial virginity.
declaration), RA 9048 (Clerical Error Law), Rule
103 (change of name) and Rule 108 ISSUE: WON marriage is valid
(Cancellation of Correction of Entries; substantial
change) HELD: Where there has been no misrepresentation
2. Grounds for Change of Name (Sec 4, RA 9048) or fraud, that is, when the husband at the time of the
a. Difficult and ridiculous, dishonorable name marriage knew that the wife was pregnant, the
b. Habitual and continual use marriage cannot be annulled. Here, the child was
c. To avoid confusion born less than 3 months after the celebration of
3. Petitioner has not shown any reasonable cause marriage. Court refuses to annul the marriage for the
and does not show that his name may prejudice reason that the woman was at an advanced stage of
him pregnancy at the time of the marriage and such
4. Case is administrative rather than judiciary condition must have been patent to the husband.
5. Change of sex not allowed because civil status is
immutable and inherent EIGENMANN v GUERRA (1964)
6. No special law yet for sex change, until then sex 5 C.A. Rep. 836
is determined by the sex at the time of birth as - Eduardo Eigenmann married Maryden Guerra on
resulted by visual inspection of medical 1957.
attendant. - Two years later, Eigenmann filed an action to
7. Though we get your point and sympathize with annul his marriage with Guerra on the ground
you, it’s not within the province of the Court to that he was between ages 16-20 at that time
amend laws. You’re barking at the wrong tree. and his mother did not give her consent to the
Go to the Congress and ask them to pass a bill marriage.
for you.
ISSUE: WON there was parental consent, the
B. Consent freely given in the absence of which could render the marriage void.
- at least one of the spouses is member repetition of the same or similar offense would be
of the sect dealt more severely. The absence of a marriage
c. ship captain and airplane chief only in Art 31 license made the marriage void. And even if the
d. military commander to which chaplain is plaintiff retracted her complaint, that’s not how it is
assigned in Art 32 done. Withdrawal of complaint ≠ exoneration
e. consul-general, consul, vice-consul for
Filipinos abroad B. Valid marriage license except
*Mayors are authorized by LGC to solemnize
marriage for marriages of exceptional
character
NAVARRO v DOMAGTOY (1996)
259 SCRA 129 Art 9 ML obtained in habitual residence of one of
- Judge Hernando Domagtoy solemnized the the parties
marriage between Floriano Sumaylo and Gemma Art 10 Requirements of Filipino marriages abroad
del Rosario outside his court’s jurisdiction. settled in the consular office which will take
- He has jurisdiction in MCTC of Sta. Monica- over the duties of local civil registry
Burgos, but the marriage was solemnized in Art 11 Two separate application for one marriage
Dapa which does not fall under his jurisdictional license which shall specify the following:
area. 1. full name
- Mayor Rodolfo Navarro filed this administrative 2. place of birth
complaint. 3. age and date of birth
4. civil status
ISSUE: WON respondent judge should be held liable, 5. if previously married, how, when, where
and whether this will render the marriage void. the previous marriage was dissolved or
annulled
HELD: Marriage may be solemnized by, among 6. present residence and citizenship
others, any incumbent member of the judiciary 7. degree of relationship of the contracting
within the court’s jurisdiction. Solemnization outside parties
the judge’s territorial jurisdiction will not 8. full name, residence and citizenship of the
invalidate the marriage. What results is an father
irregularity in the formal requisites of a valid 9. full name, residence and citizenship of the
marriage. Respondent judge, by citing Art 8 of the FC mother
as defense for the exercise of his misplaced 10. full name, residence and citizenship of the
authority, acted in gross ignorance of the law and guardian, person having charge, in case
was therefore held administratively liable – orphaned
suspension of 6 months. Art 12 Proof of age
- Irregularity in formal requisite – no effect in a. original or certified copy of birth
marriage validity certificate
b. original or certified copy of baptismal
ARAÑES v OCCIANO (2002) certif
380 SCRA 402 c. residence certificate witnessed by 2
- Petitioner Mercedita Arañes charged respondent witnesses preferably next of kin
judge Salvador Occiano for gross ignorance of Proof of age dispensed with if:
the law. Occiano solemnized the marriage a. parents appear personally
between herein petitioner and the late b. local civil registrar convinced by mere
Dominador Orobia without the requisite marriage looking (read: mukhang matanda na)
license and outside his territorial jurisdiction. c. previously married
- Couple lived together as husband and wife until Art 13 If previous marriages, not birthcert is
the death of Orobia. But then since the marriage required but:
was a nullity, petitioner’s right to inherit the vast
property left by Orobia was not recognized.
a. death certificate of deceased spouse
Respondent explained that he solemnized the if no death certificate is available,
marriage out of human compassion and because affidavit about circumstance and civil
the parties promised to present their license the status
afternoon after the wedding. b. judicial decree of absolute
divorce/judicial decree of
ISSUE: WON the respondent judge administratively annulment/declaration of nullity
liable. c. declaration of presumptive death
Art 14 if 18-21, then parental consent
HELD: Yes. He was faulted for solemnizing a Art 15 if 21-25, then parental advice
marriage without the requisite marriage license and Art 16 if anyone is required with parental consent
for exceeding his territorial jurisdiction. He was fined or advice, both shall undergo marriage
P5000 and was given a stern warning by the SC that counseling. Failure to attach certificate of
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accomplishment suspends issuance for 90 The following are exempted from obtaining marriage
days. license
PD 965 (1976) mandatory family planning and Art 27 When either or both of the parties are in
responsible parenthood articulo mortis, even if the ailing survives
Art 17 10 consecutive days of posting in bulletin (e.g. screenplay Walang Sugat)
board Art 28 If the residence of either party is in a
Art 18 impediments noted in the application for remote location and transportation is
marriage impossible (horse ride and distant walking
Art 19 pay for issuance of ML; indigents exempted does not count)
Art 20 valid for 120 days anywhere in the Art 31 Marriage in articulo mortis between
Philippines, automatically cancelled at passengers or crews by ship captain or
expiration airplane chief, whether in sea, in flight or
Art 21 Either or both are foreigners: certificate of stopovers
legal capacity to marry from consular Art 32 Military commander of a unit, in articulo
officials mortis, between civilians or members of
Stateless persons or refugees: affidavit armed forces within the zone of military
showing capacity to marry operations
Art 22 Marriage certificate should state the Art 33 Among Muslims and ethnic communities
following: as long as in accordance with their custom
a. full name, sex and age of each law
contracting party Art 34 Man and woman who have lived together
b. citizenship, religion and habitual as husband and wife for five years and no
residence legal impediment
c. date and precise time of the
celebration of marriage REPUBLIC v CA and Angelina Castro (1994)
d. marriage license number 236 SCRA 257
e. secured parental consent if needed - Angelina Castro and Edwin Cardenas were
f. complied with parental advice if married in a civil ceremony performed by Judge
needed Pablo Malvar. Their marriage was unknown to
g. if entered into marriage settlement, Castro’s parents aka secret marriage.
attach copy
- Defendant Cardenas was personally responsible
Art 23 Duties of solemnizing officer
for the processing of the documents, including
a. furnish couple with original marriage
the procurement of marriage license.
certificate
- Couple did not immediately live together, but
b. furnish local civil registrar with
only until Castro became pregnant. They parted
duplicate and triplicate within 15 days
ways after 4 months, thereafter she gave birth.
after the marriage
Baby was adopted by her brother with the
c. keep with him the original marriage
consent of Cardenas, and is now in US.
license, quadruplicate of the marriage
certificate and affidavit of the - In trying to put into marital status in order before
contracting party to hold marriage leaving to the US to follow her daughter, she
elsewhere as said in Art 8 sought a judicial declaration of nullity, having
Art 24 Duties of local civil registrar discovered that there was no marriage license
a. prepare documents required by this issued to Cardenas prior to marriage celebration.
Title - As proof Castro offered in evidence a
b. administer oaths to all interested certification (due search and inability to find
parties without any charge despite diligence) from Pasig Civil Register that
c. exempt from documentary stamp tax license number does not appear in the records.
Art 25 log in registry book every marriage and Cardenas failed to answer the complaint, thus
details was declared in default.
Art 26 marriages validly solemnized in other
countries are valid here except for the ISSUE: WON proof of absence of marriage license
following: presented by Castro as evidence is sufficient to
35 (1) under 18 render marriage void.
35 (4) bigamous/polygamous except for Art
41 HELD: Yes.
35 (5) mistake of identity 1. The certification of “due search and inability to
35 (6) void under Art 53 find” issued by civil registrar of Pasig enjoys
36 psychological incapacity probative value. It was then sufficiently proved that
37 incestuous civil registrar’s office did not issue marriage license
38 public policy no. 3196182 to the contracting parties.
2. The failure of Castro to offer any other witness to
MARRIAGES OF EXCEPTIONAL CHARACTER corroborate her testimony is mainly due to the
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person performing the marriage; and (4) a marriage ISSUE: WON the ceremony herewith described
license, except in a marriage of exceptional fulfilled the formal requisite of a marriage ceremony.
character. In this case, a marriage contract bearing
the marriage license number and a certification from HELD: Yes. There was a proper ceremony: signing a
the civil registrar were presented as evidence. statement that declares that they take each other as
- The inconsistency between the number (7054033) husband and wife is sufficient. In short, the
in the license indicated in the certification of the declaration of the parties need not be verbal. Article
municipal civil registrar and the number (7054133) 6 of the Family Code clearly articulates that no
typed onto the marriage contract was considered a particular form of marriage ceremony is required. For
typographical error and therefore had no bearing. as long as the contracting parties personally appear
- The fact that neither of the contracting parties was before a solemnizing officer and make a declaration
a resident of Carmona, Cavite was seen as an in the presence of not less than two witnesses of
irregularity that cannot invalidate the marriage. legal age that they take each other as husband and
- Plaintiff should not be made to benefit from his own wife, the formal requisite of ceremony is complied
action and be allowed to extricate himself when with.
situation is no longer palatable to his taste/lifestyle
(he has three children with mistress and chargeable MADRIDEJO v DE LEON (1930)
of concubinage) 55 Phil 1
- They contracted second marriage (religious) after Flaviana Perez was married to Pedro Madridejo in
less than a year which used the same ML and articulo mortis. She died the day after the wedding.
marriage contract The priest who solemnized the marriage failed to
send a copy of the marriage certificate to the
C. Ceremony municipal secretary.
- No prescribed form of ceremony, what matters is:
(Art 6) ISSUE: WON the failure to send the copy of marriage
certification would render the marriage void.
a. personal appearance of spouses (No proxy
allowed. Marriage via webcam, unlikely to be HELD: No. The failure of the priest to send a copy of
valid.) the marriage certificate is a mere irregularity.
b. take each other as husband and wife in Consequently, the marriage was valid.
presence of solemnizing officer
c. sign marriage certificate
d. at least two witnesses of legal age 3. PRESUMPTION OF MARRIAGE
- Where can the marriage be solemnized? (Art 8)
a. chambers of judge, open court, church, chapel or CC, Art 220 In case of doubt, all presumptions favor the solida
temple or facts leans toward the validity of marriage, the indissolub
b. office of consul-general, consul, vice consul children, the community of property during marriage, the au
c. EXCEPT validity of defense for any member of the family in case of unla
- articulo mortis (Art 27)
- remote place, no means of transportation (Art
28) Sec 3 (aa), Rule 131 of Rules of Court That a man and wom
- both parties’ written request, sworn statement have entered into a lawful contract of marriage;
(Art 8)
be the legitimate son of Inocentes making him a VDA. DE JACOB v CA and Pedro Pilapil (1999)
compulsory heir. 312 SCRA 772
- Lourdes and Felix, on the other hand, denied - Tomasa Vda. de Jacob claims to be the surviving
Arturo's claim, contending that Inocentes died spouse of Dr. Alfredo E. Jacob and was appointed
single. Special Administratrix of his estates by virtue of
- Arturo now has to prove that Inocentes and his a reconstructed marriage contract between
mother were validly married and that he was them.
born during the subsistence of said marriage. - Pedro Pilapil, the doctor's alleged adopted son,
claims that the marriage between Tomasa and
ISSUE: WON Inocentes and Arturo’s mother were Dr. Jacob was void since (1) no marriage license
validly married and (2) only a reconstructed marriage contract.
HELD: The Court cited a particular case which ruled HELD: Regarding the first issue, the Court recognized
that when the question of whether a marriage has that the contracting parties have been living
been contracted arises in litigation, said marriage together as husband and wife for more than five
may be proven by (a) the testimony of a witness to years before the solemnization of the marriage so
the matrimony, (b) the couple's public and open that they were exempt from the marriage license
cohabitation as husband and wife after the alleged requirement. In answer to the second issue, the
wedlock, (c) the birth and the baptismal certificates Court explained that though the primary evidence of
of children born during such union, and (d) the a marriage must be an authentic copy of the
mention of such nuptial in subsequent documents. marriage contract, secondary evidence proving the
- For his part, Arturo was only able to present a same is admissible provided that (1) due execution
certificate from the local civil registrar that all of the document and (2) subsequent loss of the
documents of birth, marriage, and death (in original instrument are first proven. Both (1) and (2)
Aklan) were either burned, lost, or destroyed were in fact established from the preponderance of
during the Japanese occupation of the evidence presented during the trial; photographs of
municipality. the wedding, letter of the solemnizing officer,
- In place of the marriage contract, petitioner statement of the officer that the marriage certificate
presented two witnesses, one testified that she was lost, etc. Also, the testimony of one of the
was present during the nuptials, and the other parties to the marriage has been held admissible as
that the couple cohabited as husband and wife. proof of the fact of marriage. Furthermore, the
This last witness also stated that she visited the presumption in cases like this is always in favor of
couple's house at the time of petitioner's birth. marriage. Persons dwelling together in apparent
matrimony are presumed, in the absence of any
Tolentino's annotation to Article 23 of the Family counter-presumption or evidence special to the case,
Code might prove relevant to this case: There is a to be in fact married.
prima facie presumption that a man and a
woman living maritally under the same roof SEVILLA v CARDENAS (2006)
are legally married. The reason is that such is the 497 SCRA 428
common order of society, and if the parties were not - Sevilla asks for a declaration of nullity of his
what they held themselves out as being, they would marriage to Cardenas on the ground that the
be living in constant violation of decency and law. marriage was solemnized without the parties'
The presumption of marriage is rebuttable only by first securing a marriage license.
cogent proof to the contrary. Since Arturo's - Cardenas argued to the contrary, saying that
witnesses attested to his parents' public cohabitation they were married in civil rites with Marriage
as husband and wife, marriage can be presumed. License No. 2770792. The local civil registrar
The other party then bears the burden of proof in was asked to furnish evidence affirming the
contesting the marriage of Arturo's parents. existence of said marriage license.
- The representative who appeared in court
claimed that they could not find the registry
book supposedly containing the relevant
information to this case because the person in
charge has already retired.
- Irrelevant but interesting facts: Intertuhod sex
and knee fetish. Guy’s mom sent guy to Spain to
go to med school, but while he was there he
didn’t really study
psychological incapacity to the most serious cases of intercourse even if neither party is impotent. The
personality disorders clearly demonstrative of an wife wanted to annul (instead of declaration of
utter insensitivity or inability to give meaning and nullity?) the marriage but the husband did not.
significance to the marriage.
(2) That the provision is open to abuse. To prevent HELD: The Court first explained that the action to
this, the court shall order the prosecuting attorney or declare a marriage void can be initiated by either
fiscal assigned to it to appear on behalf of the State party, even by the one who's incapacitated. This
to take steps to prevent the collusion between makes it immaterial to determine which spouse
parties and to take care that evidence is not refuses to have sex with the other. It then went on to
fabricated or suppressed. articulate that "one marital obligation is to procreate
(3) In deciding the case, the judge must be guided based on the universal principle that procreation of
by experience, the findings of experts and children through sexual cooperation is the basic end
researchers in psychological disciplines, and by of marriage. Constant non-fulfillment of this
decisions of church tribunals which, although not obligation will finally destroy the integrity or
binding on the civil courts, may be given persuasive wholeness of the marriage." Insofar as the case
effect since the provision was taken from Canon Law. presented a breach of marital obligation, there is
psychological incapacity.
REPUBLIC v CA and Roridel Molina (1997)
268 SCRA 198 *According to Ma’am Beth: Abnormal reluctance or
- Roridel Molina filed a petition for declaration of unwillingness to consummate marriage is strongly
nullity of her marriage to Reynaldo Molina. indicative of a serious personality disorder. It
- She claimed that a year after their marriage, demonstrates utter insensitivity or inability to give
meaning and significance to the marriage. Senseless
Reynaldo showed signs of immaturity and
and protracted refusal of one of the parties to fulfill
irresponsibility (i.e. spent all his time with his
marital obligations is equivalent to psychological
friends, depended on his parents for support,
incapacity.
was dishonest about their finances, was
habitually quarrelsome).
*Also: Tsoi’s love for his wife is exceptional. He
- He also lost his job and from then on Roridel
doesn’t mind the risk of divulging to the public his
became the family's breadwinner. The couple
package size to be discussed by law students in
had been living separately for more than three
perpetuity if only to save their marriage. Poor guy.
years as of the commencement of this hearing.
MARCOS v MARCOS (2000)
HELD: What existed in this case were irreconcilable
343 SCRA 755
differences or conflicting personalities, which in no
wise constitute psychological incapacity. Court - Both spouses are members of AFP and PSG for
further said that it is not enough to prove that the Marcos
parties failed to meet their responsibilities and - Brenda married Wilson Marcos and had five
duties as married persons; it is essential that they children with him. Marcos was discharged from
must be shown to be incapable of doing so, due his job and this led to a series of quarrels with
to some psychological illness. his wife, in which he did her physical harm. He
- “Mild characterological peculiarities, mood was also wont to mistreating his own children.
changes and occasional emotional outbursts - The couple then started living separately. At one
cannot be accepted as root causes of time, the wife went to her husband's house to
psychological incapacity. The illness must be look for their son. He was gravely angered by
shown as downright incapacity or inability, not a this ran after her with a samurai.
refusal, neglect or difficulty, much less ill will. In - For failing to find work and treating his family
other words, there should be a natal or violently, the Regional Trial Court found the
supervening disabling factor in the person, an husband psychologically incapacitated. This
adverse integral element in the personality decision was denied by the Court of Appeals,
structure that effectively incapacitates the reasoning that, taking the totality of the pieces
person from really accepting and thereby of evidence presented, psychological incapacity
complying with the obligations essential to was not manifest.
marriage.”
HELD: Supreme Court referred to the guidelines laid
out in Republic vs. Molina. It ruled the case in the
TSOI v CA (1997) negative, stating that (1) (based on juridical
266 SCRA 324 antecedence) there was absolutely no showing that
Marcos' defects were already present at the
- The case of the two incher Chinese (3 in when inception of the marriage. It was only after he lost
erect) his job that he became intermittently drunk, failed to
- Ten months after marriage, Chi Ming Tsoi and give material and moral support, and even left the
Gina Lao still did not engage in sexual family home. Also, (2) (based on incurability) there
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was no showing that his defects were incurable, lack of medical, psychiatric or psychological
especially now that he's been gainfully employed as examination only worsens the situation.
a taxi driver.
differences between him and his wife caused by the *Stepbrothers and stepsisters are not included in the
death of their children and his failure in his list.
professional endeavors. There was then no evidence Reasons why above mentioned marriages
that Justo's defects were present at the time of contravene public policy:
the marriage and only after he lost the mayoralty 1. Recessive genes of families get expressed
election. 2. Causes confusion in the family tree (what is
the relationship of a father to his child with
TONGOL v TONGOL (2007) his daughter?)
537 SCRA 135 3. Legit child and adopted child are presumed
- Husband filed for a declaration of nullity of to have been raised as real siblings
marriage based on his wife's psychological 4. For Par 9 -> complete moral perversion.
incapacity as manifested in her being given to Ethics!
tantrums, irritability, and want of dominance.
- A certain Dr. Villegas examined the wife and VI. Art 41 – subsequent marriage UNLESS there
concluded that she was suffering from an is a “declaration of presumptive death” of
“Inadequate Personality Disorder” with hysterical spouse in appropriate cases
coloring which rendered her psychologically
incapacitated to perform the duties and VII. Art 44 – if both spouses contracted
responsibilities of marriage. remarriage from absence in bad faith (as to
absence of one spouse)
HELD: Dr. Villegas failed to link the wife's
personality disorder to a conclusion of
psychological incapacity since (1) he was not able
2. PERIOD TO FILE ACTION OR
to satisfactorily explain if her personality disorder RAISE DEFENSE
was grave enough to bring about disability to comply
with marital obligations, (2) there was no evidence FC, Art 39 The action or defense for the declaration of
that such incapacity was incurable. absolute nullity of a marriage shall not prescribe. (As
- Also, the psychological incapacity considered amended by RA 8533, approved Feb. 23, 1998)
under Article 36 is not meant to comprehend all
possible cases of psychoses - here, the spouses'
- Under E.O. 277, for marriages contracted before
differences and misunderstandings basically
the Family Code took effect, the action for the
revolve around and are limited to their
declaration of nullity based on psychological
disagreement regarding the management of
incapacity prescribed in ten years - that is, ten
their business. In sum, it was not disputed that
years after 1988, or 1998. But R.A. 8533 now
the wife was suffering from a psychological
makes all actions under Article 36
disorder. However, the totality of the evidence
imprescriptible. It’s gonna be here forever, at
presented did not show that her personality
least, until this law gets repealed.
disorder is of the kind contemplated in Article
36.
- Mere lapse of time cannot give effect to
marriage or any other contract that is null and
IV. Art 37 – Incestuous marriage void.
1. between ascendants and descendants
2. between brothers and sisters, whether half-
blood or full-blood 3. EFFECTS OF NULLITY
*For provisions refer to the table in the appendix
V. Art 38 – Violation of public policy
1. between collateral relatives up to the 4 th
NIÑAL v BADAYOG (2000)
degree, illegitimate or legitimate 328 SCRA 122
2. between step-parent and step-children
3. between parent-in-law and child-in-law
- Niñal and Badayog were married in 1974.
4. between adopter and adopted - Niñal shot his wife Bellones in 1985, causing her
5. surviving spouse of adopter and adopted death (why didn’t they convict him of
6. between surviving spouse of adopted and parricide???). After a year and a half, Ninal
adopter contracted a second marriage with Badayog
7. between legitimate children of adopter and without a marriage license. They executed an
adopted affidavit stating they have cohabited for at least
8. between adopted children of same adopted five years.
9. if one kills own or other wife with the - Ninal died in 1997. His children with Bellones
intention to marry another or the victim’s seek a declaration of nullity of Ninal's marriage
spouse with Badayog.
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- It is assumed that the validity or invalidity of the requirement for a declaration of absolute nullity of a
second marriage would affect the children's marriage is also for the protection of the spouse
successional rights. who, believing that his or her marriage is illegal and
void, marries again. With the judicial declaration of
HELD: Niñal and Badayog's marriage is void for lack nullity of his or her first marriage, the person who
of marriage license. They are not exempt from marries again cannot be charged of bigamy.
acquiring a marriage license because their five-year
cohabitation was not the cohabitation contemplated *Emphasis on the word “ONLY” / “SOLELY” in Art 40,
by law. It should be in the nature of a perfect FC
union that is valid under the law but rendered *Ma’am Beth thinks this is a weird case because
imperfect only by the absence of the marriage usually it’s the first wife that files bigamy against
contract. Of the five years that they had cohabited, husband. Here, it’s the second wife.
only 20 months were without any legal impediment.
DE CASTRO v ASSIDAO-DE CASTRO (2008)
Other than for purposes of remarriage (see Article GR No. 160172
40 of the Family Code), no judicial action is - Reinelle Anthony De Castro impregnated
necessary to declare a marriage an absolute nullity. Annabelle Assidao, a government dentist. Their
For other purposes, such as but not limited to marriage license expired so they (falsely)
determination of heirship, legitimacy or illegitimacy executed an affidavit stating that they had been
of a child, settlement of estate, dissolution of living together as husband and wife for five
property regime, or a criminal case for that matter, years.
the court may pass upon the validity of marriage - By virtue of this affidavit, they contracted a
even in a suit not directly instituted to question the marriage. The parties, however, lived separately
same so long as it is essential to the determination after the marriage's celebration.
of the case.
- Assidao filed a complaint for child support,
asserting that she was validly married to De
* This is weird Niñal should have been disqualified to
Castro and that her daughter was De Castro's
marry Badayog because of Art 38 Par 9 (kills own or
legitimate child.
other wife with the intention to marry another or the
victim’s spouse)
HELD: The execution of the false affidavit stating
that the parties had been living together as husband
DOMINGO v CA and Delia Soledad Avera (1993)
and wife cannot be considered as a mere
226 SCRA 572
irregularity. They were married without a valid
- Soledad Domingo filed for separation of property marriage license and so their marriage was void ab
and declaration of nullity of her marriage to initio.
Roberto Domingo. - The child born to them was illegitimate; however, it
- They were married 1976, but unknown to does not free De Castro from the duty of providing
Soledad, Roberto was previously married to a financial support since he has been declaring her as
certain Emerlinda de la Paz. a dependent in tax exemption and even signed in
- She came to know of the first marriage only after her birth certificate.
Emerlinda sued them for bigamy.
- Roberto claimed that Soledad's petition for a
declaration of nullity was superfluous in that B. Voidable Marriages
their marriage was void ab initio. - Valid until annulled by a competent court
- On the other hand, Soledad insisted on the - Can be convalidated (ratified or annulled)
necessity of the judicial declaration of nullity, not either by free cohabitation or prescription
for purposes of remarriage, but in order to - Cannot be impugned upon death of either
provide a basis for the separation and party
distribution of the properties acquired during
coverture. 1. Grounds for Annulment
HELD: Judicial declaration of nullity can be invoked
for purposes other than remarriage. Separation FC, Art 45 Grounds for voidable marriages
of property is also one of the effects of judicial 1. 18-21 yrs old but no parental consent
declaration of nullity. The Court further asserted that 2. any party of unsound mind
a judicial declaration of nullity of marriage is now 3. consent obtained by fraud
4. consent obtained by force, intimidation, undue influence
explicitly required either as a cause of action or a
5. incurable physical incapacity to consummate the marriage (im
ground for defense. Where the absolute nullity of a 6. incurable and serious STD, existing at the time of the marriag
previous marriage is sought to be invoked for gonorrhea are curable)
purposes of contracting a second marriage, the sole
basis acceptable in law for said projected marriage
to be free from legal infirmity is a final judgment For Par 4:
declaring the previous marriage void. In fact, the
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Karichi E. Santos | UP Law B2012
impotence is not the capacity to reproduce, but the FC, Art 43 Effects of termination by reappearance:
capacity to copulate. ANNULMENT DENIED.
(1) children of the subsequent marriage conceived prior to its termi
PEOPLE v SANTIAGO SUPRA (2) ACP/CPG dissolved and liquidated, but if either spouse cont
share of the net profits of the ACP/CPG property shall be forfeite
a) common children
2. Marriage when one spouse is b) if there are none, the children of the guilty spouse by a pr
absent c) in default of children, the innocent spouse;
(3)Donations by reason of marriage remain valid, except that i
faith, such donations made to said donee are revoked by operat
FC, Art 41 Is null and void, unless before the celebration of the subsequent marriage, the prior spouse absent for
consecutive years, the spouse had a well-founded belief that the(4) Thespouse
absent innocent
wasspouse
alreadymay
dead.revoke the designation of the
beneficiary in any insurance policy, even if stipulated as irrevoca
Where there is danger of death under the circumstances set forth in(5)
theThe
provisions
spouse of
in Art
bad391 ofdisqualified
faith the Civil Code,
toan absence
inherit from innocent s
of only two years shall be sufficient spouse present must institute a
presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.
FC, Art 44 If both spouses of the subsequent marriage acted in bad
*In CC, seven years is required for presumptive donations by reason of marriage and testamentary dispositions
by operation of law.
death and four years if there is presence of danger
of death. Period of time decreased in FC because of
modernized and faster means of communication
technology. There is virtually little or no excuse for a
spouse not to contact his family for a long time.
A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the
parties to the subsequent marriage at the instance of any interested person
subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is
disputed.
OLD RULES IN THE CC the marriage. Furthermore, the court also pointed
out that ME and even AJ herself believed Arthur was
CC, Art 83 Any marriage subsequently contracted by any person dead,
duringas
theevidenced by first
lifetime of the her spouse
treating FH as
of such her with
person step
father.
any person other than such first spouse shall be illegal and void from its performance, unless:
ONG ENG KIAM v ONG (2006) PEOPLE v SANSANO & RAMOS (1933)
505 SCRA 76 58 Phil 73
Lucita files a petition for legal separation against - 1919: Mariano Ventura and Ursula Sansano got
Chinese husband on the grounds of repeated married and had a child. Shortly after that,
physical abuse. He would usually beat her up or Mariano disappeared to Cagayan and abandoned
utter abusive language to her in front of customers. his family.
After 20 years of marriage and 3 kids, she decides to - Wife did not have any means of survival so she
separate from her husband and went to her family. resorted to cohabiting with Marcelo Ramos.
- 1924: Mariano returned and filed for adultery, to
Husband retorted: which both Sansano and Ramos were sentenced
- Denied all allegations of Lucita, they only fight - After conviction, Ursula begs for forgiveness and
over the discipline of children for Mariano to take her back.
- Ulterior motives of Lucita’s family was to - The latter denied and told her to go do what she
encumber their conjugal properties wants to do, so she returned to Ramos while he
went to Hawaii.
- It was her who abandoned them when she left - Mariano went back to file for divorce (under Act
the conjugal home 2710)
- His son, Kingston and other of his employees
testified for him ISSUE: WON husband consented to adultery and
therefore barred from action
To which wife answered:
- Positive identification is always stronger than HELD: YES. Because he gave wife freedom to do
mere denial whatever she would like to do.
- She would not sacrifice/trade her comfortable OCAMPO v FLORENCIANO (1960)
life and love of her children with the interests of 107 Phil 35
her family if nothing’s really wrong 1938 - Jose de Ocampo and Serafina got married
- she left with justifiable cause, because if she 1951 - Serafina ♥ Jose Arcalas
didn’t, the beating will continue Husband sends wife to Manila to study cosmetology
- Kingston has been with his father since he was for a year where she also had relationship with other
child while the other witnesses’ livelihood men.
depends on the husband. 1952 - Left the husband and lived separately
- PETITION FOR LEGAL SEPARATION GRANTED. 1955 - Husband caught wife in the arms of Nelson
Orzame and then told her he wanted legal
separation to which the wife agreed as long as she
will not be criminally charged
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VII. DIVORCES
Is there divorce in the Philippines?
There is just relative divorce. BUT BUT! It recognizes
two kinds of divorce: foreign divorce and Muslim
divorces.
A. Foreign Divorces
FC, Art 15 Nationality theory applies in the Philippines. Philippine laws follow Filipinos anywhere they go.
FC, Art 26 Marriages valid where celebrated are valid everywhere except when
1) one is below 18
2) bigamous, not under Art 41
3) mistake as to identity of other party
4) void under 53 for non-compliance
5) psychological incapacity
6) incestuous
7) public policy
QUITA v CA & DANDAN (1998) - Validity of the will is governed by laws of the
300 SCRA 592 country in which they are executed remand to
1941 Fe and Arturo got married, no children the court for further clarification
1954 Fe got final judgment of divorce with Arturo; - SC recognizes the divorce decree and upholds
woman remarried twice the marriage of Alice and Lorenzo
1972 Husband dies without will
- Blandina Dandan and her six children with Arturo
Padlan presents themselves as heir of the decedent
- Ruperto Padlan intervened
- RTC grants succession to Quita and Padlan
RTC recognized the divorce obtained in Australia and 1. The spouse who leaves the conjugal home or
refuses to live therein, without just cause, shall
did not question respondent’s lack of capacity to
not have the right to be supported
marry
2. When the consent of one spouse to any
HELD: Respondent’s legal capacity to marry cannot transaction of the other is required by law,
judicial authorization shall be obtained in a
be determined because he failed to produce the
summary proceeding
foreign law as well as the decree proving his
capacity to marry. Not sure if he was granted 3. In the absence of sufficient community
absolute or probationary divorce. property, the separate property of both
spouses shall be solidarily liable for the
support of the family. The spouse present shall,
upon proper petition in a summary proceeding,
B. Muslim Divorces be given judicial authority to administer or
encumber any specific separate property of the
- Governed by Code of Muslim Personal Laws of
the Philippines (Presidential Decree No. 1083) FC, Art 127 The separation in fact between husband
- Divorce or Talaq (Chapter 3) and wife shall not affect the regime of CPG except that:
1. The spouse who leaves the conjugal home or
1. Repudiation of the wife by the husband (talaq) refuses to live therein, without just cause, shall
not have the right to be supported
2. Vow of abstinence by the husband (ila) 2. When the consent of one spouse to any
3. Injurious assimilation of the wife by the transaction of the other is required by law,
husband (zihar) judicial authorization shall be obtained in a
summary proceeding
4. Acts of imprecation (li’an) 3. In the absence of sufficient community
5. Redemption by the wife (khul’) property, the separate property of both
spouses shall be solidarily liable for the support
6. Exercise by the wife of the delegated right to of the family. The spouse present shall, upon
repudiate (tafwid) proper petition in a summary proceeding, be
7. judicial decree (faskh) given judicial authority to administer or
encumber any specific separate property of the
other spouse sand use the fruits or proceeds
YASIN v JUDGE, SHARI’A (1995)
241 SCRA 606
- Hatima Yasin seeks to use her maiden name FC, Art 239 When a husband and wife are separated
in fact, or one has abandoned the other and one of
again after being divorced to Hajin Idris Yasin, them seeks judicial authorization for a transaction
who has already remarried. where the consent of the other spouses is
- Shari’a court dismissed her petition because required by law but such consent is withheld or
there has to be change of name. cannot be obtained, a verified petition may be filed in
court alleging the foregoing facts.
HELD: No need to have court proceedings for change
of name because her legal name is the one entered The petition shall attach the proposed deed, if any,
embodying the transaction and if none shall describe in
in the civil register. When the marriage ties no longer
detail the said transaction and state the reason why the
exists as in the case of death of husband or Muslim required consent thereto cannot be secured. In any
divorce, the widow or divorcee need not seek judicial case, the final deed duly executed by the parties shall
confirmation of the change in her civil status in order be submitted to and approved by the court.
to revert to her maiden name as the use of her
husband's name is optional and not obligatory for FC, Art 242 Upon filing of the petition, the court shall
her. notify the other spouse, whose consent to the
transaction is required, of said petition, ordering said
spouse to show cause why the petition should not be
granted, on or before the date set in the said notice for
the initial conference. The notice shall be accompanied
by a copy of the petition and shall be served at the last
known address of the spouse concerned.
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FC, Art 246 If the petition is not resolved at the initial being considered as immoral and gross
conference, said petition shall be decided in a summary misconduct
hearing on the basis of affidavits, documentary - The only thing resolved in this case is that they
evidence or oral testimonies at the sound discretion of cannot be considered immoral in the eyes of
the court. If testimony is needed, the court shall specify their own religious group but it does not deny
the witnesses to be heard and the subject-matter of the fact that the relationship is still not legally
their testimonies, directing the parties to present said binding on them.
witnesses.
- Dominador’s wife instituted a disbarment denials without proof are insufficient. His accusations
proceeding against him for immorality, but after against Julieta were not proven. Providing for his
one year she wanted to withdraw her complaint family, giving them a comfortable life, his being a
saying successful lawyer and seasoned politician do not
1. She fabricated allegations in complaint to necessarily mean that he’s morally fit.
humiliate and spite husband
2. Love letters between two guilty were forged He has duties to his children (support, educate,
3. She suffered from emotional confusing due to instruct according to right precepts and good
extreme jealousy example, give love, companionship, understanding,
4. Denied Gina and Dominador ever had a moral & spiritual guidance) and to his wife (observe
relationship mutual love, respect & fidelity & render help and
5. Dominador never left the family support). He failed to fulfill these duties. He was
away most of the time because of his paramour not
- But a year later, Julieta filed the same case because of work as he alleges. Son’s testimony
again due to her husband’s continuous threat. proved that he abandoned his family which even
- Dominador filed his answer affected his son’s own family. Dominador did not
1. He never threatened, harassed, or intimidated merely contract a marriage, he should have been a
her partner who lived up to his promise to love & respect
2. He never abandoned family, he loves them. He his wife & remain faithful to her until death.
protected & preserved family. Julieta and two
sons drove him out of their house. GOITIA v CAMPOS RUEDA (1916)
3. Julieta is emotionally disturbed – incurably 35 Phil 252
jealous and possessive, violent, vindictive, Elisa Goitia and Jose Campos Rueda were married on
scandalous. January 7, 1915. They established their residence,
4. Julieta’s rich and she abhors poor, he is poor where they lived together for a month after which
5. he was beaten, battered, brutalized, tortured, plaintiff returned to her parents. She alleged that
abused and humiliated by Julieta in public and at defendant demanded of her that she perform
home so he filed for annulment because they unchaste and lascivious acts on his genitals. She
cannot exist together refused to perform any act other than legal and valid
6. She has disgraced, shamed and humiliated him cohabitation. Defendant continued demanding such
by telling everyone everywhere that he’s acts from her. Her continued refusal exasperated
worthless, good-for-nothing, evil and immoral him, inducing him to maltreat her by word and deed
7. Denied relationship with Gina. No kids either. and inflict injuries upon her lips, face and different
8. Love letters: inadmissible as evidence body parts. Thus, she was obliged to leave the
9. He is old thus, unfit to do things alleged by conjugal abode and is now asking for support.
Julieta. CFI held that defendant cannot be compelled to
- Investigating officer: indefinite suspension from support wife, except in his own house, unless it be
practice of law. He never denied love letters, by virtue of a judicial decree granting her a divorce
didn’t disprove adulterous relationship. Denying or separation from the defendant.
two kids (Aurelle Dominic and Kyle Dominador)
ground for disciplinary action. ISSUE: WON wife is entitled to support outside
- IBP: affirmed investigating officer’s conjugal abode
recommendation & granted disbarment
HELD: Yes. The rule established in Art. 149 of the
ISSUE: WON Dominador should be disbarred Civil Code is not absolute. The doctrine that neither
spouse cannot be compelled to support the other
HELD: Yes. A lawyer should not engage in unlawful, outside the conjugal abode, unless it be by virtue of
dishonest, immoral (shameless showing indifference a judicial decree granting them a divorce or
to opinion of good members of society) or deceitful separation is not controlling in cases where one of
conduct, should not behave in scandalous manner, the spouses was compelled to leave the conjugal
in public or in private to the discredit of the legal abode by the other or where the husband voluntarily
profession. These are continuing abandons such abode and the wife seeks to force
requirements/qualification of all members of bar. him to furnish support. The nature of the duty of
This includes prohibition against adulterous affording mutual support is compatible and
relationships. enforceable in all situations, so long as the needy
spouse does not create any illicit situation. A
Burden of proof of gross immorality for abandoning judgment for separate maintenance is a judgment
his family proved when Julieta presented witnesses calling for the performance of a duty made specific
who attested to adulterous relationship between by the mandate of the sovereign.
Gina & Dominador. Even Gina’s brother admitted
that Gina and Dominador had two children. Even Moreland, concurring: A husband cannot, by his own
though Julieta has burden of proof, he needs to show wrongful acts, relieve himself from the duty to
that he is morally fit to remain a member of bar. His support his wife imposed by law; and where a
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husband, by wrongful, illegal and unbearable (c) prevent state intervention so as not to thwart
conduct, drives his wife from the domicile fixed by possible reconciliation
him, he cannot take advantage of her departure to All of these theories and justifications are passé.
abrogate the law applicable to the marital relation Equal protection of the laws is being practiced now.
and repudiate his duties thereunder.
Rape is committed by having carnal knowledge with
Cohabitation includes normal sexual intercourse a female forcibly and against her will. It violates the
only. Husband has to support wife because she had moral sense and personal integrity and autonomy of
just cause for leaving. the female victim. Implied consent to such in
marriage conflicts is absurd and against the
*Who determines what is acceptable form of constitution. During era of slavery, rape was seen
sex? The spouses! Not the judge nor the society! negatively and not acceptable even to chattels.
* Why is missionary position prescribed by the
church? Because it gives the least satisfaction. Sex Sodomy is the carnal knowledge and connection
is not meant to be for pleasure but for procreation against the order of nature by man with man or in
only. same unnatural manner with woman. There has
been no implied marital exemption under this
WARREN v STATE (1985) statute even in earlier times. Consent is not a
255 Ga. 151 defense unlike in rape. Anyone who voluntarily
- Daniel Warren was convicted for rape and participates is guilty.
aggravated sodomy of his wife while they were
living together as husband and wife. He There is due process. Due process merely requires
appealed to dismiss the indictment. that law give sufficient warning so men may avoid
- His grounds: what is forbidden. Statutes concerned are plain and
1. Rape statute implies marital exclusion thus broadly written. This may be the first application to
husband cannot be guilty of raping wife. this particular set of facts but it is not an
2. Aggravated sodomy statute provides for marital unforeseeable judicial enlargement of criminal
exclusion, too. statutes that are narrowly drawn.
3. Interpreting the above-mentioned laws otherwise
would be tantamount to new interpretations & There is no marital exemption in rape. A person
application of such would deny him of his due commits rape when he has carnal knowledge of a
process rights. female forcibly and against her will.
ISSUE: WON marital exclusion is implied in the rape THURMAN v CITY OF TORRINGTON (1984)
and aggravated sodomy statutes 595 F. Supp. 1521
Between early October 1982 and June 10, 1983,
HELD: No. There has never been an express marital Tracey Thurman notified the police officers of the
exemption in Georgia rape statute. Theories/bases City of repeated threats upon her life and the life of
for thinking that marital exclusion exists in rape her child, Charles Thurman, Jr., made by her
statute: estranged husband, Charles Thurman. This includes
breaking her windshield while she was in the car,
(a) Lord Hale – by giving matrimonial consent, wife where he was convicted of breach of peace, and
gave up herself in this kind unto husband and stabbing her repeatedly. Attempts to file complaints
she can’t take that back by wife against husband based on threats of death
(b) Subsequent marriage doctrine of English law - if and maiming her were ignored and rejected by the
marriage between a rapist and his victim police because of an alleged administrative
extinguishes criminal liabilities then corollary, classification that affords lesser protection when the
rape within marital relationship should be given victim is a woman abused by a spouse or boyfriend,
that immunity or a child abused by a father or stepfather.
(c) Medieval time – wife is husband’s chattel or
property thus rape, thus man is merely using his ISSUES: WON the administrative classification
own property violates the equal protection clause
(d) Unity of person theory – husband and wife HELD: Yes. A man is not allowed to physically abuse
become one, with wife incorporating her or endanger a woman merely because he is her
existence to that of the husband, thus husband husband. A police officer may not knowingly refrain
cannott be convicted of raping himself. from interference in such violence, and may not
automatically decline to make an arrest simply
Justifications: because the assaulter and his victim are married to
(a) prevent fabricated charges each other. Whatever may be said as to the positive
(b) prevent wives from using rape charges for values of avoiding intra-family controversy, the
revenge choice in this context may not lawfully be mandated
solely on the basis of sex.
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HELD:
SUB-ISSUES 1. NO. Male guilty of rape when he engages in
1. Dismissal of claims of son - Correct. Condition to sexual intercourse with female by forcible
stay away from son is not one of the conditions compulsion. Female is any female person not
after arrest. There is failure to adequately allege married to actor.
denial of equal protection
Sodomy means engaging in deviate sexual
2. Allegation of custom or policy - A pattern intercourse (sexual conduct between persons not
emerges that evidences deliberate indifference married to each other consisting of contact
on the part of the police department to the between penis and anus, mouth and penis, or
complaints of Tracey and its duty to protect her. mouth and vulva. Not married phrase means
Such indifference raises an inference of custom there is marital exemption for both. But it has
or policy on the part of municipality. exemptions. One of which is when spouses are
3. Unidentified police officers - Okay because case living apart pursuant to a valid and effective (a)
was dismissed even before plaintiff had an order issued by court of competent jurisdiction
opportunity to discover identity of unidentified requiring such living apart (b) decree of
defendants. separation (c) written agreement of separation,
4. Pendent Jurisdiction over plaintiff’s state law they are considered to be not married. Thus,
claim- The court has discretion to exercise this forcible rape or sodomy in this instance would be
power. At the instant case, court declines to punishable. In this case, Denise and Mario were
exercise because needless decisions of state law technically, not married, by virtue of the
should be avoided both as a matter of comity temporary order of protection.
and to promote justice between the parties, by
procuring for them a surer-footed reading of 2. Constitutionality of Marital Exemption -
applicable law. Married man ordinarily cannot be convicted of
forcibly raping or sodomizing his wife (marital
PEOPLE v LIBERTA (1984) exemption). State is allowed to make
64 NY 2d 152 classifications as long as there is a rational basis
- Mario and Denise were married but when he for doing so and it does not arbitrarily burden a
started beating her she sought temporary particular group. No rational basis for
protection from her husband. distinguishing between marital and non-marital
- The order was granted and Mario was directed to rape. Rationales are archaic. (See People v
move out, stay away from the family home, stay Liberta explanations on theories). Imposing a
away from Denise and he may only visit their marital exemption does not further the cause it
child once a week. purportedly protects which is marital privacy
- Mario wanted to visit son but Denise did not (e.g. Prevent state interference to protect
allow him to go the house so they met instead in privacy – not justified by allowing husband to
the motel where Mario was staying on the forcibly rape his wife; Disrupt marriage – the act
condition that they be accompanied by a friend. of rape/sodomy in itself would disrupt the
However, the friend left upon their arrival at the marriage and reconciliation is quite impossible;
motel. Mario then attacked Denise, threatened to wife will present fabricated info – criminal justice
kill her and forced her to perform fellatio on him system can take care of this). Marital rape is
and to engage in sexual intercourse w/him. 2 ½ more violent and traumatic than non-marital
year old son was there all the time and Mario one. IT IS UNCONSTITUTIONAL.
even forced Denise to tell their son to watch 3. Constitutionality of Exemption for Females
what was happening. They were allowed to leave – Only males can be convicted of rape in the 1 st
afterwards. degree. Reason: It aims to protect chastity of
- Mario was convicted for rape and sodomy both women and their property value to
in their 1st degrees. However, Mario contends father/husbands. Treating people differently
that: based on gender can only be justified by its
o They are married thus he is covered by substantial relation to the achievement of an
marital exemption to rape and sodomy. important governmental obligation. State
o Rape and sodomy statutes are defense:
unconstitutional because it treats married (a) only females can become pregnant – it’s not
and unmarried persons differently. the main purpose
(b) female faces probability of medical,
ISSUES: sociological and psychological problems
1. WON Mario is covered by the marital unique to her gender – archaic and
exemption overbroad generalization
2. WON the statutes are unconstitutional for (c) women cannot actually rape men or if it
violating equal protection clause happens, it’s rare – not tenable either.
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They need to present an exceedingly persuasive - After 22 years, Aurelia filed a case for separate
justification for classification. Show that gender- maintenance due to infidelity and cruelty. 10
based law serves the government’s interest better years prior to the institution of the case, Rafael
than a gender-neutral one. As it is, only females who was guilty of repeated acts of infidelity with four
forcibly rape males benefit from the present statute. different women. Even after the institution of
LIKEWISE, IT IS UNCONSTITUTIONAL. the case it was shown that he has had an illicit
relation with another woman.
4. Strike out only the unconstitutional parts since - The incorrigible nature of the defendant in his
the statute is of major importance. It’s not relations with other women coupled with his lack
entirely void anyway. of consideration and even brutality caused
5. Due process is observed. His act was already Aurelia to leave the conjugal home and for her to
criminal when he attacked Denise. establish her own abode. Their final separation
occurred on April 1947.
- There was no sufficient evidence to establish the
cruelty of the husband but there were sufficient
B. Fixing the Family Domicile evidence to establish the infidelity of the
husband.
ISSUE:
FC, Art 69 The husband and the wife shall fix the family domicile. In caseWON the wife is entitled
of disagreement, the courtfor separate
shall decide. support
from her husband.
TENCHAVEZ v ESCANO (1966) HELD: YES
17 SCRA 674
- In order to entitle a wife to maintain a separate
- Pastor Tenchavez and Vicenta Escaño were home and to require separate maintenance from
married in 1948. In 1950, defendant Escaño the husband it is not necessary that the husband
obtained a foreign divorce in Nevada. She should bring a concubine into the home.
further sought papal dispensation of the Perverse and illicit relations with women
marriage although no document proving the outside the conjugal home are sufficient
same was presented. grounds.
- Escaño’s marriage to American Rusell Leo Moran
in the US in 1954, which was later blessed with - Ruling in Arroyo v. Vasquez de Arroyo is not
three children applicable because in the Arroyo case the only
grounds that were alleged was cruelty and that
ISSUES: charge was not proven. In the present case, the
1. WON divorce is valid charge of cruelty was also not proven but the
2. WON Court may then compel Escaño to cohabit Aurelia also accused her husband of infidelity
with Tenchavez and that charge has been proven (repeated acts
of conjugal infidelity) and the husband appears
HELD: to be a recurrent, if not incurable offender. This
fact gives the wife an undeniable right to relief.
1. Divorce is invalid for a foreign divorce decree
cannot be recognized in the Philippines - Goitia v. Campos Rueda – husband cannot by his
especially if it was granted by court of the place own wrongful acts, relieve himself from the duty
which was not the parties’ bona fide domicile to support his wife. When he drives his wife
and on a ground not recognized by our law, from the domicile fixed by him, he cannot take
which does not allow absolute divorce. Even in advantage of her departure to abrogate the law
private international law, foreign decrees applicable to the marital relations and repudiate
(especially those confirming or dissolving a his duties.
marriage) cannot be enforced or recognized if
they contravene public policy. GARCIA v SANTIAGO (1928)
53 Phil. 952
prejudicing Cipriana’s rights. Some of these husband, he claims the right to fix the residence of
properties include lands acquired during the family. After plaintiff filed a petition for pendente
their marriage with money belonging to the lite with the CFI. CFI granted a monthly allowance of
conjugal partnership. Land annually P75.
produces 4,500 cavanes of palay at
P4.00/cavan. The defendant then filed a petition wherein he
- Other allegations of Cipriana/Prayers to the elected to fulfil his obligation as fixed by the trial
Court: court to receive and maintain plaintiff at his
1. Their separation is necessary to avoid residence in Pasay City. CFI denied the petition. CA
personal violence. She could not live in the presented to SC for Adjudication.
conjugal dwelling due to the illicit
relationship of Alejo and Prisca tolerated by ISSUE: WON a wife is entitled to receive support
Isabelo. from her husband where she refused to live with him
2. She is entitled to P500 pendente lite monthly on account of some misunderstanding she had with
pension from conjugal partnership. However, the husband’s immediate relatives.
Isabelo refused to provide for her support
despite her demands. HELD: No. Defendant-appellant gave the option to
support wife at conjugal dwelling apart from his
3. She should be in-charge of the parents’ home. Should plaintiff refuse, he is under no
administration of the property of their obligation to give any support. The wife cannot be
conjugal partnership because Isabelo is unfit compelled to live with her husband but support can
to do so. He exhibits immoral conduct and be denied to the spouse who left.
acts by publicly maintaining an illicit
relationship with Geronima Yap. DEL ROSARIO v DEL ROSARIO (1949)
- Isabelo answered with a general denial. 46 OG 6122
- CFI dismissed Plaintiff Genoveva del Rosario, a widow with 2 kids
and defendant Teoderico del Rosario, a mechanic,
ISSUES/HELD: widower with a son got married. They lived together
1. WON their separation is justified - YES. They in the house of defendant's mother. Because of petty
were having a stormy life prior to the separation quarrels, plaintiff left the conjugal home in 1942.
due to the frequent fights. Isabelo ordered her to
leave the house and threatened to ill-treat her if ISSUE: WON plaintiff is justified in leaving and is
she returned. Prisca’s situation is embarrassing entitled to support
for her mother. Highly possible that Alejo caused
Prisca’s pregnancy. Compelling them to cohabit RATIO: Yes. As the marriage vow does not
could lead to further quarrels. include making sacrifices for the in-laws, there
2. WON transfers of property from Isabelo to Alejo is legal justification for wife’s refusal to live with
are illegal - NO. Failed to prove that property was husband, taking into account the “traditional hatred
community property. Documentary evidences between wife and her mother-in-law” (nyahaha). It
even show that it was acquired by him before is true that wife is obliged to follow her husband
their marriage. wherever he wishes to establish the residence (Art
58, CC), but this right does not include compelling
3. WON Cipriana is entitled to P500 monthly wife to live with mother-in-law, if they cannot get
maintenance = NO. That’s too much. P50 is along together. Alimony will be set according to
enough. husband’s ability to pay.
ATILANO v CHUA CHING BENG (1958)
103 Phil. 255
Pilar Atilano (plaintiff-appellee), 19 years old, C. Mutual Help and Support
married Chua Ching Beng (defendant-appellant) on
May 1951. They lived in Manila with the parents of FC, Art 68 The husband and the wife are obliged to:
the Ching Beng. In October of that year, the couple 1. live together,
went back to Zamboanga for a vacation in Pilar’s 2. observe mutual love,
parents. She stayed behind, telling the defendant 3. respect and fidelity,
that she would go back to him later. On September 4. render mutual help and support
1953, however, she filed a complaint of support
against her husband, alleging estrangement since
October 1952, incessant bickering and his inability to FC, Art 70 The spouses are jointly responsible for the support of the fa
provide a home for them without his parents. obligations shall be paid from the community property and in the abse
properties. In case of insufficiency or absence of said income or fruits
Defendant did not disclaim obligation to support; properties.
however, he expressed his desire to fulfil his
obligation if she returns to Manila and lives with him
in a domicile separate from his parents. As the
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allowance
CC, Art 111 The husband is responsible for the support of the wife and the rest ofofthe
wife of $50
family. a month;
These expensesawarded $800
shall be met
for
first from the conjugal property, then from the husband's capital, and wife’s
lastly fromattorney;
the wife'sand as an alternative,
paraphernal buy a
property. In case
modern house
there is a separation of property, by stipulation in the marriage settlements, the elsewhere.
husband and wife shall contribute
proportionately to the family expenses.
ISSUE: WON wife is entitled to relief
FC, Art 199 Whenever 2 or more persons are obliged to give support,
HELD:the liability
No. shall devolve
To maintain upon the
an action ff persons
such as theinone
the at
order herein provided:
bar, the parties must be separated or living apart
1. spouse
2. descendants in the nearest degree from each other. Parties are not living apart and
3. ascendants in the nearest degree wife has been supported in the same manner
4. brothers and sisters without complaint. As long as home is maintained
and the parties are living as husband and wife it may
be said that the husband is legally supporting his
wife
FC, Art 200 When the obligation to give support falls upon two or and
more the purpose
persons, of theof
the payment marriage
the sameisshall
beingbe carried
divided
between them in proportion to the resources of each. out. As for attorney’s fees, it is only allowed to the
successful party in litigation only where allowance is
However, in case of urgent need and by special circumstances, the judge may
provided by order only one of them to furnish the support
the statute.
provisionally, without prejudice to his right to claim form the other obligors the share due from them.
PELAYO v LAURON (1909)
When two or more recipients at the same time claim support from one and the same person legally obliged to give it, should
12 Phil
the latter not have sufficient means to satisfy all claims, the order 453
established in the preceding Article shall be followed,
- Arturo
unless the concurrent obliges should be the spouse and a child subject Pelayo
to parental is a physician
authority, whothe
in which case was called
child on
shall be
preferred. by the defendants (parents of the husband) to
attend to their daughter in law who was about to
MCGUIRE v MCGUIRE (1953) undergo labor. Plaintiff tried his best to help her
157 Neb. 226 deliver, but she died due to childbirth.
- Plaintiff is now asking for due compensation for
- Lydia (66) and Charles (80) McGuire were his services amounting to P500. Defendants
married. They have known each other for 3 years
claim that her delivery at their domicile was only
and wife knew of husband’s extraordinary
incidental, and that it was her husband who
frugality.
should pay for the services rendered by the
- She has two daughters from previous marriage, plaintiff.
whose education was supported by the second
marriage. They are now married and living in ISSUE: Who between the parents-in-law and the
different states. husband is liable for the payment of Pelayo?
- They inherited an 80-acre farm from first
husband and Lydia transferred her interest to her HELD: The husband, because rendering of medical
daughters but she can have the rent money assistance in case of illness comprises one of the
which she uses to visit her daughters. mutual obligations to which spouses are bound by
- Wife testified that she used to raise chickens and way of mutual support. It is improper for plaintiff to
her profits were used to buy clothing and have brought action against the defendants simply
groceries because husband gave her very little because they were the parties who called the
money, did not give her clothes except for a plaintiff. The defendants were not, nor are they now,
single coat and never took her to a movie. Their under any obligation by virtue of any legal provision,
house was not equipped with a bathroom and to pay the fees claimed, nor in consequence of any
kitchen was not modern. The furnace was not in contract entered into between them and the plaintiff.
good condition and she had a hard time They are strangers with respect to the obligation
scooping coal for it. The car did not have an that devolves upon the husband to provide support.
efficient heater. She could not raise chickens
anymore due to the 3 abdominal operations she
went through which her husband paid for.
- Because of these, wife filed an action for equity
to recover suitable maintenance and support
money, and for costs and attorney’s fees. District
Court decreed that wife was legally entitled to
use the credit of the husband and obligate him
to pay for certain items in the nature of
improvements and repairs, furniture, and
appliances for the household; purchase a new
automobile with an effective heater in 30 days;
pay travel expenses of wife to visit each
daughter at least once a year; wife be entitled in
the future to pledge the credit of the husband for
what may constitute necessities of life; personal
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D. Management of the
Household
FC, Art 71 The management of the household shall be the right and duty of both spouses. The expenses shall for such
management shall be paid in accordance with the provisions of Art 70.
CC, Art 115 The wife manages the affairs of the household. She may purchase things necessary for the support of the family,
and the conjugal partnership shall be bound thereby. She may borrow money for this purpose, if the husband fails to deliver
the proper sum. The purchase of jewelry and precious objects is voidable, unless the transaction has been expressly or tacitly
approved by the husband, or unless the price paid is from her paraphernal property.
YOUNG v HECTOR ()
740 So. 2d 1153
E. Exercise of Profession
FC, Art 73 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
The foregoing provisions shall not prejudice the rights of creditors who acted in good faith.
CC, Art 117 The wife may exercise any profession or occupation or engage in business. However, the
provided:
1. His income is sufficient for the family, according to its social standing, and
2. His opposition is founded on serious and valid grounds.
In case of disagreement on this question, the parents and grandparents as well as the family council, if any, shall be
consulted. If no agreement is still arrived at, the court will decide whatever may be proper and in the best interest of the
family.
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The GSIS or the SSS, as the case may be, shall issue rules executed. The only evidence offered was
and regulations necessary to effectively implement the testimonies of the defendant and her counsel.
provisions of this section.
Sec 9. Implementing Rules. — The NEDA, in consultation - Appellant Silva, however, was married to one
with the different government agencies concerned, shall Priscilla Isabel of Australia during such time. It
issue rules and regulations as may be necessary for the was only after May 1945, when he was sent back
effective implementation of Sections 2, 3 and 4, of this Act to US for medical treatments of his battle
within six (6) months from its effectivity. wounds, did he divorce Priscilla. To add, on May
9, 1948, he contracted another marriage with co-
Sec 10. Compliance Report. — Within six (6) months from
the effectivity of this Act and every six (6) months plaintiff Elenita Ledesma Silva.
thereafter, all government departments, including its
agencies and instrumentalities, shall submit a report to ISSUES:
Congress on their compliance with this Act. 1. WON appellant’s deception and fraud
justified award of damages to defendant -
Sec 11. Separability Clause. — If for any reason any
section or provision of this Act is declared unconstitutional Yes
or invalid, the other sections or provisions hereof which are 2. WON defendant misrepresented herself as
not affected thereby shall continue to be in full force and Mrs. Silva - Yes
effect.
HELD:
Sec 12. Repealing Clause. — The provisions of Republic Act
No. 386, otherwise known as the Civil Code of the 1. Yes. If appellant revealed his true situation,
Philippines, as amended, and of Executive Order No. 209, appellee would never have agreed to be with
otherwise known as the Family Code of the Philippines, and appellant. Esther’s loss of employment in the
all laws, decrees, executive orders, proclamations, rules Girl Scout’s Davao Council was ultimately a
and regulations, or parts thereof, inconsistent herewith are
result of Silva’s deception and she should be
hereby repealed.
indemnified therefor. His concealment of his real
Sec 13. Effectivity Clause. — The rights of women and all status was not mere dolo but actual fraud. He
the provisions of this Act shall take effect immediately upon should then stand solely liable for any and all
its publication in the Official Gazette or in two (2) damages arising therefrom. Moreover, Esther
newspapers of general circulation. acted in good faith since Silva formerly
introduced her as Mrs. Silva, sent her letters thus
addressed which implied authority to use his
F. Use of Surname name.
2. Yes. In the face of evidence, it is safe to conclude
CC, Art 370 A married woman may use: that no marriage had really taken place. It is not
proper for Esther to continue representing
1. Her maiden first name and surname and add her husband's surname herself
(e.g.as the wife
Miriam of Saturnino considering that
Defensor-Santiago)
2. Her maiden first name and her husband's surname (e.g. Loi Ejercito)
at the time, he was still married to Priscilla
3. Her husband's full name, but prefixing a word indicating that she Isabel.
is his wife,
Andsuch
as as "Mrs."
per (e.g. CC,
Art 370 Mrs.aFrancis Pangilinan)
married woman
is authorized to use husband’s surname,
impliedly, it also excludes others from doing
CC, Art 373 A widow may use the deceased husband's surname as though he were still living, in accordance with Article 370.
likewise.
TOLENTINO
CC, Art 377 Usurpation of a name and surname may be the subject of an actionvfor
CAdamages
(1988)and other relief.
162 SCRA 66
- Private respondent Consuelo David ♥ Arturo
CC, Art 378 The unauthorized or unlawful use of another person's surname gives a right of action to the latter.
Tolentino (yes, the one who annotated the law)
in 1931.
SILVA v PERALTA (1960) - Marriage was dissolved and terminated in 1943
110 Phil 57 pursuant to the law during the Japanese
- Defendant Esther Peralta accompanied younger occupation by a decree of absolute divorce on
sister Florence in the latter’s arrest and the grounds of desertion and abandonment by
investigation. the wife for at least 3 continuous years.
- There, defendant met plaintiff Saturnino Silva, a
US citizen and officer of the US Army. Silva then - Arturo Tolentino married Pilar Adorable but she
started courting Esther and she later accepted died soon after the marriage.
his proposal of marriage having been made to - Constancia married Arturo Tolentino on April 21,
believe that he was single. They started living 1945 and they have 3 children. Constancia
together as common-law husband and wife and Tolentino is the present legal wife of Arturo
bore a son, Saturnino Silva, Jr. Tolentino.
- They were married on Jan 14, 1945. However, - Consuelo David continued using the surname
no documents of marriage were prepared nor Tolentino after the divorce and up to the time
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that the complaint was filed. Her usage of the interests of the owner of the name. It consists
surname Tolentino was authorized by the family with the possibility of confusion of identity
of Arturo Tolentino (brothers and sisters). - Element of usurpation
- RTC: Consuelo David should discontinue her o Actual use of another’s name
usage of the surname of Tolentino o Use is unauthorized
- CA: reversed RTC o Use of another’s name is to designate
personality or identity of a person
ISSUES: - None of these elements were present in the case
1. WON the petitioner’s cause of action has already - Silva v Peralta was cited by the petitioner but
prescribed
the case is not applicable. In Silva, it was not
2. WON the petitioner can exclude by injunction
mere use of the surname that was enjoined but
Consuelo David from using the surname of her
the defendant’s representation that she was
former husband from whom she was divorced.
the wife of Saturnino Silva, there was
usurpation of the status of the wife.
HELD:
1. Yes
YASIN v SHARI’A DISTRICT COURT (1995)
- Art 1150 CC The time for prescription of all kinds 241 SCRA 606 - SUPRA
of actions, when there in no special provision No need to file petition to revert to use of maiden
which ordains otherwise, shall be counted from name after divorce since marital ties have been
the day they may be brought. completely severed.
- Art 1149 CC Period of prescription is 5 years
from the right of action accrues.
- The action has long prescribed because she
married Arturo Tolentino on April 21, 1945; Civil
Code took effect on August 30, 1950; She
acquired knowledge that Consuelo David was
still using the surname Tolentino in 1951.
- She should have filed the case after she
obtained knowledge that Consuelo David was
still using the surname Tolentino. The case was
filed on November 23, 1971 or 20 years after she
obtained knowledge.
2. No
- Philippine law is silent whether or not a divorced
woman may continue to use the surname of her
husband because there are no provisions for
divorce under Philippine law.
- Commentary of Tolentino as regards Art 370 of
the CC: the wife cannot claim an exclusive right
to use the husband’s surname. She cannot be
prevented from using it, but neither can she
restrain others from using it (bias much?).
- Art 371 is not applicable because it
contemplates annulment while the present case
refers to absolute divorce where there is
severance of valid marriage ties. Effect of
divorce more akin to death of the spouse where
the deceased woman is continued to be referred
to as “Mrs. of the husband” even if he has
remarried.
- If the appeal would be granted the respondent
would encounter problems because she was able
to prove that she entered into contracts with
third persons, acquired properties and entered
into other legal relations using the surname
Tolentino. Petitioner failed to show the she
would suffer any legal injury or deprivation of
right.
- There is no usurpation of the petitioner’s name
and surname. Usurpation implies injury to the
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G. Relief from Courts 1. On sufficient cause for leaving the conjugal home.
Cruelty done by plaintiff to defendant was greatly
exaggerated. The wife was inflicted with a
FC, Art 72 When one of the spouses neglects his or her duties todisposition
the conjugalof
union or commits
jealousy acts which
towards tend to bring
her husband in an
danger, dishonor or injury to the other or to the family, the aggrieved party may
aggravated apply to
degree. Nothe court for relief.
sufficient cause was present.
Courts should move with caution in enforcing the
PEREZ v PEREZ (1960) duty to provide for the separate maintenance of the
109 Phil 657 wife since this recognizes the de facto separation of
- Antonio Perez, as guardian ad litem of his son, the two parties. Continued cohabitation of the pair
must be seen as impossible, and separation must be
filed a civil case against defendant Angela
necessary, stemming from the fault of the husband.
Tuason de Perez at the CFI Manila.
She is under obligation to return to the domicile.
- He wants to declare his wife as prodigal and
place under guardianship based on the following
“When people understand that they must live
allegations:
together…they learn to soften by mutual
o she was squandering her estate on a young
accommodation that yoke which they know they
man named Jose Boloix
cannot shake off; they become good husbands and
o she was spending the conjugal partnership
wives…necessity is a powerful master in teaching
of gain the duties which it imposes…”
o defendant has expressed her desire to marry (Evans v. Evans)
and have children with Jose Boloix, if only to
embarrass her husband 2. On granting the restitution of conjugal rights. It is
- CFI dismissed the case for lack of jurisdiction not within the province of the courts to compel one
of the spouses to cohabit with, and render conjugal
ISSUE: WON the case falls under the jurisdiction of rights to, the other. In the case of property rights,
the CFI or the Juvenile Domestic Relations Court. such an action may be maintained. Said order, at
best, would have no other purpose than to compel
HELD: RTC has no jurisdiction. It is the Juvenile and the spouses to live together. Other countries, such
Domestic Relation Court which has jurisdiction. as England and Scotland have done this with much
Material injury pertains to personal injury (personal criticism.
relations between man and wife) and not patrimonial
or financial. Plaintiff is entitled to a judicial declaration that the
defendant absented herself without sufficient cause
ARROYO v VASQUEZ (1921) and it is her duty to return. She is also not entitled to
42 Phil 54 support.
- Plaintiff Mariano and defendant Dolores were
married in 1910, and lived in Iloilo City. They
lived together with a few short intervals of
separation. On July 4, 1920, defendant Dolores
went away from their common home and
decided to live separately from plaintiff. She
claimed that she was compelled to leave on the
basis of cruel treatment on the part of her
husband. She in turn prayed for a decree of
separation, a liquidation of their conjugal
partnership, and an allowance for counsel fees
and permanent separate maintenance.
- CFI ruled in favor of the defendant and she was
granted alimony amounting to P400, also other
fees
- Plaintiff then asked for a restitution of conjugal
rights, and a permanent mandatory injunction
requiring the defendant to return to the conjugal
home and live with him as his wife.
ISSUES:
1. WON defendant had sufficient cause for
leaving the conjugal home
2. WON plaintiff may be granted the restitution
of conjugal rights or absolute order or
permanent mandatory injunction
HELD:
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RELATIONS
3. before the celebration of the marriage
Prejudice against third persons: registered in the local civil registry
the proper registries of property.
BETWEEN FC, Art 78 A minor, who according to law, may contract marriage may
shall be valid only if the persons designated in Art 14 to give c
A. General Provisions
FC, Art 80 In the absence of a contrary stipulation in a marriage set
governed by Philippine laws, regardless of the place of the celebration
FC, Art 74 The property relations between husband
and wife shall be governed in the following order: This rule shall not apply:
1. by marriage settlements executed before the 1. Where both spouses are aliens
marriage 2. With respect to the extrinsic validity of contracts affecting p
2. by the provisions of this Code the country where the property is located
3. by the local customs 3. With respect to the extrinsic validity of contracts entered int
foreign country whose laws require different formalities for its
FC, Art 75 The future spouses may, in the marriage settlements, agree upon the regime of ACP, CPG, complete separation of
property or any other regime. In the absence of marriage settlement
system of absolute community property as established in this Code shall81
FC, Art govern.
Everything stipulated in the settlement or contracts referre
future marriage, including donations between the prospective spous
marriage does not take place. However, stipulations that do not depe
FC, Art 76 In order that any modification in the marriage settlement may be valid, it must be
valid.
of the marriage, subject to the provisions of Art 66, 67 , 128, 135 and 136.
Under Art 1325 OCC, one spouse is a foreigner and FC, Art 85 Donation by reason of marriage of property subject to en
there is no ante-nuptial agreement, it is the national the encumbrance, and the property is sold for less than the total amo
law of the husband that becomes the dominant law liable for the deficiency. If the property is sold for more than the total
in determining the property relations of such to the excess.
spouses. But since both spouses are foreigners, it is
British law that should apply. However, as there is no DOMALAGAN v BOLIFER (1916)
proof of what the law of England is in this matter and 33 Phil. 471
the court is justified to indulge in processual
presumption, that the law of England on this matter - Jorge Domalagan and Carlos Bolifer entered into
is the same as our law. a verbal contract wherein the former was to pay
defendant the sum of P500 upon the marriage of
the former’s son Cipriano Domalagan with the
defendant’s daughter, Bonifacia.
B. Donation Propter Nuptias - Jorge Domalagan paid the sum of P500 plus P16
as hansel or token of future marriage. However,
1. Requisites for donations the Bonifacia married one Laureano Sisi.
- Upon learning of the marriage, Domalagan
demanded return of the said sum of P516 plus
FC, Art 82 Donations by reason of marriage are those which are made before its celebration,
interest and damagesinarising
consideration of the
from the same,
fact that
and in favor of one or both of the future spouses.
he was obliged to sell his real property in Bohol
to come up with the sum.
REQUISITES FOR DONATIONS PROPTER NUPTIAS - Defendant denied complaint and alleged that it
(DPN) did not constitute a cause of action.
1. made before celebration of the marriage - RTC: No evidence to show that plaintiff suffered
2. made in consideration of the marriage any addtl damages. Ruled in favor of plaintiff for
3. made in favor of one or both of the future the return of P516 plus 6% interest from Dec 17,
spouses 1910 plus costs.
DONATIONS EXCLUDED ISSUE: WON Domalagan can demand his P516 since
1. in favor of the spouses after the marriage no marriage took place
(ordinary wedding gifts)
2. in favor of future spouses, made before the HELD: YES. The amount constitutes DPN since it
celebration of marriage, but not in fulfills all the requirements, thus it may be revoked.
consideration Verbal contracts are valid even if it not clothed in the
3. in favor of persons other than the spouses, necessary form.
even though they may be founded on the
marriage SERRANO v SOLOMON (1959)
* governed by provisions on ordinary donations 105 Phil 998
- Melchor Solomon executed a supposed deed of
WHO MAY DONATE DPN, stating among others that if there are no
1. the spouses to each other children and wife dies first, all of his properties
2. the parents to one or both of the spouses and all properties acquired during the union will
3. by third persons to one or both of the be inherited by those who reared the wife.
spouses - The wife Alejandria Solomon died less than 9
months later without issues, upon which
DONATION PROPTER
Estanislao Serrano, the uncle who reared her
ORDINARY DONATIONS instituted this action to enforce the deed.
NUPTIAS
Does not require express Express acceptance - CFI: Donation was not a donation propter
acceptance necessary nuptias because it was not made in
May be made by minors
Cannot be made by minors
consideration of marriage and it was not made
(Art 78) to one or both parties of the marriage
If present property is
No limit to donation of
donated and property ISSUE: WON the donation made by Melchor can be
present property provided
regime is not ACP, limited
legitimes are not impaired considered as a donation propter nuptias.
to 1/5
Grounds for revocation in Grounds for revocation are
Art 86 found in law on donations HELD: NO and the alleged donation is null & void.
CFI decision affirmed. Estanislao won’t get anything.
Whether you apply Art 1327 of the old CC or Art. 126
FC, Art 83 These donations are governed by the rules on ordinary donations established in CC, insofar as they are not
of the new CC, the result would be the same,
modified by the following articles.
donations propter nuptias are only those bestowed
(1) before the celebration of marriage, (2) in
consideration of the same and (3) upon one or both
of the spouses. Melchor’s donation violated
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conditions 2 and 3. It was not in consideration solely a private instrument, it is not valid and does
of the marriage, it had additional terms like the not confer any rights.
marriage had to be childless and one of the spouses
had to die before the other. Also, it was not in favor
of Alejandria. Instead, it was in favor of her parents
and those who raised her. Based on Manresa’s
commentary, donations granted to persons
other than the spouses even though founded
on the marriage are excluded. It’s not a donation
inter vivos (during their lifetime) either, because
donee never accepted it by same instrument of
donation or in separate document as required by
law. It’s not a donation mortis causa (upon death)
either. It has to be governed by provisions on the
disposition execution of wills to be appreciated as
such. Besides, donor is still alive. It will only be
operational upon his death.
DONATIONS OF
- present property takes effect upon
celebration of marriage
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HELD: NO. It falls under the prohibited donation FC, Art 88 The absolute community of property between spouses shal
between spouses. marriage is celebrated. Any stipulation, express or implied, for the c
other time shall be void.
* Presumption of abandonment
- Absent from conjugal dwelling for three months
- Failed to inform other of whereabouts for three
months
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Market value
- Partition was made on the claim that the
– debt of community properties of the 2nd marriage were products of
net assets or remainder the first marriage.
– market value at marriage - Rosario Onas was opposing the partition that
was made by the administrator of the estate of
NET PROFIT her husband. She alleges the following errors:
o All the properties acquired during the second
FC, Art 103 Upon the termination of the marriage by death marriage were acquired with the properties
proceeding for the settlement of the estate of the deceased. of the first marriage.
o TC erred in approving the partition dated
If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the community property
or extra-judicially within six months from the death of the deceased September
spouse 9, 1931, notwithstanding that the
same did not
period, no liquidation is made, any disposition or encumbrance involving the community property includeofall
theproperties
terminated of the
marriage
shall be void. deceased.
applicable to this community, which is governed - 1/26 to each of the children of the 2nd marriage
by special rules.
- Provisions of law governing the subject should 2. All other properties acquired during the 2nd
cease to have any effect for community of marriage
property is admissible and proper in so far as it
conforms to unity of life, to the mutual affection - 19/195 to each children of the 1st marriage;
between husband and wife, and serves as a - 2/65 to each children of the 2nd marriage;
recompense for the care of preserving and - 28/65 to the surviving spouse
increasing the property; all of which terminates
by the death of one of the partners. HELD: Since the capital of either marriage or the
- Community terminates when the marriage is contribution of each spouse cannot be determined
dissolved or annulled or when during the with mathematical precision, the total mass of these
marriage and agreement is entered into to divide properties should be divided between the two
the conjugal property. The conjugal partnership conjugal partnerships in proportion to the
exists as long as the spouses are united. duration of each partnership
2) WON the properties of the second marriage can 1. 1st conjugal partnership entitled to 18/64 of the
be claimed as products of the properties of the first whole estate (18 yrs)
marriage - NO
- Whatever is acquired by the surviving spouse on 2. 2nd conjugal partnership entitled to 46/64 of
the dissolution of the partnership by death or the whole estate (46 yrs)
presumption of death whether the acquisition be 3. The share of Nicolas Delizo is of the net
made by his or her lucrative title, it forms a part remainder of CPG of both marriages or 32/64,
of his or her own capital, in which the other divided into equal shares among all his heirs
consort, or his or her heirs, can claim no share. (all 13 of the kids)
3) WON the partition that was approved by the lower Thus… the final sharing scheme is
court is valid - NO 1. Rosa’s share: 9/64 of the whole estate, to be
- Was based on the erroneous assumption that the divided among their 3 kids (142/1664 each)
properties of the second marriage were 2. Dorotea’s share: 23/64 of the whole estate + her
produced by the properties of the first marriage. share in Nicolas’ estate (662/1664)
3. Nicolas’ share: 32/64 of the whole estate to be
** The property corresponding to the first marriage divided into 13 equal parts (64/1664 each)
consists of the 11 parcels of land. The remaining 20
parcels of land were acquired during the second
marriage.
FC, Art 110 The spouses retain the ownership, possession, adm
properties. strict dominion
FC, Art 111 A spouse of age may mortgage, encumber, alienate, or otherwise dispose of his/her exclusive property,
without the consent of the other spouse, and appear alone inHELD:
court The land belongs to Rodriguez. She is allowed
to retain ownership of the property she brought into
the second marriage (Art 36 CC). She merely had
Hilarion administer her property for her. There is no
law that prohibits this but it cannot be
FC, Art 112 The alienation of any exclusive property of a spouse administered
concluded that the by wife’s
the other property that he is
terminates the administration over such property and the proceeds of the alienation
administering shall be
becomes turned
his overbecause
simply to the he
owner-spouse.
has done so for a long time.
FC, Art 113 Property donated or left by will to the spousesPEOPLE’S BANK AND TRUST CO v REGISTER OF
pertain to the donee-spouse as his or her own exclusive propertyDEEDS (1934)
without prejudice to the right of accretion when proper. 60 Phil 167
Appeal from CFI Manila judgment denying
registration of instrument entitled “Agreement and
FC, Art 114 If the donation are onerous, the amount of the charges shall be of Trust” in which Dominga Angeles,
Declaration
donee-spouse, whenever they have been advanced by the CPG.married to Manuel Sandoval living in Palawan,
conveyed in trust her paraphernal property, trustee
FC, Art 115 Retirement benefits, pensions, annuities, gratuities, was to and
usufructs redeem
similar mortgage
benefits constituted on such
on gratuitous or onerous acquisitions as may be proper in each property
case. with funds derived from the rents or sale
thereof, grant a loan of P10000 with which to
redeem mortgage and collect the rents to be derived
LIM v GARCIA (1907) from said property while remained unsold.
7 Phil 320
- Hilario Lim died in 1903 leaving a widow ISSUES:
(defendant) and 9 children (plaintiffs) and an 1. WON the rents collected are fruits of the
interest in P50000 estate. The children contend wife’s property which therefore belongs to
that certain properties should not be included in CPG,
the conjugal property because Lim bought these 2. WON management belongs to husband
into the marriage. The children also allege that 3. WON contract is null and void since husband
the RTC erred in including from the inventory did not give consent
three parcels of land which Lim’s widow claim to
be paraphernal property acquired by exchanging HELD: Wife, as owner and administratrix of her
properties exclusively belonging to her. paraphernal property, may appoint trustee to collect
- There is a presumption in Art 1407 CC that all the fruits of her property. The fruits are not yet
estate of the married couple will be considered conjugal property since they still have to answer to
CPG property unless it is proven that is was part expenses in the administration and preservation of
of the separate estate of husband or wife. the paraphernal property. She may likewise do such
without consent of the husband, subject to recourse
HELD: The three parcels of land were acquired by the by husband or his heirs, thus rendering such
widow through exchanging properties which she contract merely voidable or void.
inherited from her father. Thus they are paraphernal.
The evidence presented by the children was not PHILIPPINE SUGAR ESTATES v POIZAT (1925)
sufficient to overcome the presumption that the 48 Phil 536
properties included in the conjugal property belong - Gabriela Andrea de Costen executed in favor of
there. Unless it is proven that the property is her husband, Juan Poizat a general power of
part of the separate estate of one of the attorney which among other things authorized
spouses, it will be considered conjugal him “in her name, place and stead, and making
property. use of her rights and actions” to borrow money
and execute a mortgage over he properties now
RODRIGUEZ v DELA CRUZ (1907) in question.
8 Phil 665 - Defendant secured a loan of P10,000 from
- Plaintiff Matea Rodriguez is second wife of plaintiff to pay a mortgage; however mortgage
Hilarion dela Cruz while defendants are Hilarion’s executed by husband signed merely in his own
children by his first wife; this is an action to name and not as attorney-in-fact. For failure to
recover parcels of land in question from pay loan, property foreclosed and later sold at
defendants. auction to plaintiff.
- Matea claims that property given to her by her - Wife opposes confirmation of auction sale on
deceased father but in prior action by ground that mortgage was null and void since
defendants for partition of Hilarion’s property, husband was unauthorized.
lower court adjudged lands in question to them
on theory that such lands were acquired during HELD: The husband exceeded the scope of his
Hilarion’s first marriage. authority. Defendant may have had authority to
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borrow money and mortgage real property of wife 3. Conjugal Partnership of Gains
but law specifies how and in what manner it should
be done, which was not duly complied with in this
case. Mortgage in question executed by him only a. Presumption that property is
and not on behalf of wife, thus it is not binding on his conjugal
wife.
FC, Art 116 All property acquired during the marriage wh
* One word could have changed everything: “for” or
made, contracted or registered in the name of one or both spou
“by”
the contrary is proved.
CASTRO v MIAT (2003)
397 SCRA 271 Important points regarding conjugal nature of
- Spouses Moises and Concordia Miat bought a properties:
piece of land in Paco on installment basis on May 1. presumption applies even if manner in which
17, 1977. Concordia died the following year. property was acquired is not shown
- However, it was only on December 14, 1984 that 2. the party invoking this presumption must
Moises was able to pay its balance because he first prove that the party was acquired
went to UAE to work. He secured his title over during the marriage
the property in his name as a widower. 3. proof of acquisition during marriage is a
- There was also a dispute to the ownership of the condition for the operation of this
two children (Romeo and Alexander) of the presumption
property. 4. presumption of prevails over ordinary rules
of accession
HELD: Since the spouses were married before the 5. presumption is rebuttable by strong, clear
effectivity of the FC, the provisions of CC apply. and convincing evidence
Records show that the Paco property was acquired 6. presumption is stronger when creditors are
by onerous title during the marriage out of the involved
common fund, hence it is clearly conjugal. Art 160 of 7. the burden of proof is on the party asserting
CC provides that all property of the marriage is that the property is exclusively owned by a
presumed to belong to the conjugal partnership, spouse
unless it be proved that it pertains to the husband or
the wife. The presumption applies even when In overthrowing the conjugal character…
the manner in which the property was • RECITALS IN DEED OF SALE is not sufficient
acquired does not appear. because to permit such would make a
spouse a sole arbiter of character of property
acquired during marriage
• PROPERTY IN NAME OF ONE SPOUSE is
likewise not enough to dispute the
conjugality of a property BUT if there is no
date of acquisition, the fact that the title is
named after the spouse makes the property
exclusive
o That’s why you should keep not only
the title but also the deed of sale
• PROOFS OF PARAPHERNAL PROPERTY
o possession of some paraphernal
funds under her administration and
available for investment
o sufficiency of such funds for price of
property
o investment of such funds in property
in question
• SOURCE OF FUNDS is not material to the
conjugality or exclusivity of property
because it is rather difficult to determine
• ACKNOWLEDGMENT OF ONE SPOUSE that
the property in question is conjugal is a
strong evidence against the party making
admission or his/her heirs
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Ernesto were into buy and sell of palay and rice. - Case of the sickly man
Even he himself said that he didn’t know if his - Teresita (petitioner) is Eusebio’s (private
sister had other businesses. Agustina testified respondent) legal second wife. Conchita
that she was into buy and sell even prior to her Evangelista, Araceli F. Marilla and Antonio
marriage. Francisco (private respondents) are children of
Eusebio by his first marriage.
3. WON prices were simulated - Teresita’s allegations:
- NO. No proof of inadequacy of price. In fact, 1. Since their marriage on Feb. 10, 1962, they
purchase price was higher than assessed value have acquired properties in Barangay Balite,
(#1: P10k vs. P8920.00, #2 P5k vs. P3,500, and Rodriguez, Rizal, and in Barrio San Isidro,
#3 P8k vs. P24,840.00). Besides difference Rodriguez, Rizal which were administered by
between market value and purchase price is Eusebio until he was invalidated on account
understandable considering father’s filial love for of tuberculosis, heart disease and cancer,
his daughter. Gross inadequacy of price alone which rendered him unfit to administer
does not affect the contract except perhaps an them.
indication of defect in consent (CC Art. 1470). No 2. Private respondents succeeded in convincing
proof of defective consent. their father to sign a general power of
attorney which authorized Conchita to
4. WON sale is improbable. administer the house and lot together with
the apartments situated in Rodriguez, Rizal.
- NO. Improbability of sale is purely speculative. - Teresita filed suit for damages and for annulment
Not relevant considering that all essential of said general power of attorney, thus enjoining
requirements for contract are clearly present: its enforcement and sought to be declared
consent, object and cause. administratrix of properties in dispute.
- RTC ruled in favor of private respondents holding
5. WON properties in #1 and #2 were conjugal that Teresita did not show that said properties
properties of Emilio and his wife. were acquired during the second marriage, or
- NO. CC, Art. 160 provides that all property of that they pertained exclusively to her. As such,
marriage is presumed to belong to CP unless those properties belong exclusively to Eusebio,
proven otherwise. Condition sine qua non (main and he has the capacity to administer them. On
thing) would be for party who invokes this to appeal, CA affirmed this decision.
prove that properties were indeed acquired - Teresita files this petition, claiming that:
during the marriage (Cobb-Perez v Lantin). Thus, 1. CA erred in applying arts 160 and 158, title
Moises has to present proof that properties VI of new CC as said title has already been
in question were indeed obtained during repealed by art. 253, FC
the marriage of their parents before he can 2. It further erred in not applying art. 124, FC
invoke the presumption. However, titles used However, issue in Teresita’s reply: WON Art. 116,
by RTC in declaring properties as CP (see RTC FC applies to this case as Art. 253 of the same
decision in bold letters) are insufficient proof. Code [which] expressly repeals Arts. 158 and 160
Doesn’t say when properties were obtained. of the Civil Code" 4
Acquisition of title (actual owning of land) is
different from registration. Possible that Emilio ISSUE: WON properties are not conjugal but capital
acquired properties when he was still a bachelor properties of Eusebio exclusively.
and only registered such after marriage.
- “Married to” phrase is a mere description HELD:
of Emilio’s civil status at the time of - YES. Petition denied. Arts 158 and 160 CC have
registration (Litam v Rivera). It should be been repealed by the FC, specifically by Art 254,
interpreted as Emilo is the owner, property FC (not Art 253). Even so, pursuant to Art. 256 in
registered in his name alone and that he is relation to Art 105 (2nd par.), FC, repeal of Art.
married. Consistent with the principle that 158 and 160 does not operate to prejudice or
registration of property in name of only one otherwise affect prior vested rights. Rights
spouse doesn’t negate possibility of it being accrued and vested while these articles were in
conjugal (Bucoy v Paulino). Both require effect survive their repeal. Issue shall then be
sufficient, clear and convincing proof to rebut resolved based on provisions of CC.
the presumption. Moises should have presented - Art 160 provides that "all property of the
sufficient proof to show that properties were marriage is presumed to belong to the conjugal
acquired during the marriage so that he may partnership, unless it be proved that it pertains
enjoy the presumption under Art. 160. Due to exclusively to the husband or to the wife".
lack of proof, presumption does not exist, thus, However, the party who invokes this
properties are considered exclusive to Emilio. presumption must first show proof of
acquisition during the coverture
FRANCISCO v CA (1998) (marriage). The presumption refers only to the
299 SCRA 188
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property acquired during the marriage and title and registration thereof are two different
does not operate when there is no showing as to acts. Registration merely confirms title already
when property alleged to be conjugal was existing and the phrase “married to” is
acquired. Moreover, presumption in favor of merely descriptive of the civil status of
conjugality is rebuttable with strong, clear Eusebio.
and convincing evidence showing exclusive - Lastly, it follows that Eusebio shall remain
ownership of one of the spouses. administrator of the properties considering that
- In this case, petitioner failed to adduce ample the assets are exclusively his capital. Even if the
evidence to show that the properties which she properties are conjugal, petitioner cannot
claimed to be conjugal were acquired during her administer them inasmuch as Eusebio is not so
marriage with Eusebio. ill as to incapacitate him to administer property.
- As regards land in Bgy. Balite, petitioner failed to
rebut Eusebio’s testimony that he inherited the
same from his parents. She even admitted that
Eusebio brought into their marriage the said
land, albeit in the concept of a possessor only as
it was not yet registered in his name.
- Whether Eusebio inherited the property before or
after his 2nd marriage is inconsequential as the
property should be regarded as his own
exclusively, pursuant to Art 148, CC.
- Acquisitions by lucrative title refer to properties
acquired gratuitously and include those acquired
by either spouse during the marriage by
inheritance, devise, legacy, or donation. Hence,
even if it be assumed that Eusebio's acquisition
by succession of the land took place during his
second marriage, the land would still be his
“exclusive property” because it was acquired by
him, “during the marriage, by lucrative title.”
- As regards property in Bgy. Balite, petitioner
showed building permits for the house and the
apartment, with her as the applicant although in
the name of Eusebio and the business license for
the sari-sari store issued in her name alone in
support of her claim that it was conjugal
property. These, however, do not prove that the
improvements were acquired during the second
marriage. The fact that one is the applicant or
licensee is not determinative of the issue as to
whether or not the property is conjugal or not.
They even counter her claim as her documents
all described Eusebio as the owner of the
structures (Art 1431, CC; Rule 129(4), Revised
Rules on Evidence).
- Further, she cannot argue that the sari-sari store
constructed on the land of Eusebio has thereby
become conjugal for want of evidence to sustain
the proposition that it was constructed at the
expense of their partnership (Art 158(2), CC).
Presumption of conjugality for lack of absence of
evidence on the source of funding (Art. 160, CC)
cannot be invoked because there is also lack in
proof that it was erected during the alleged
second marriage.
- Certificate of title upon which petitioner anchors
her claim over the property at San Isidro is
inadequate. The fact that the land was
registered in the name of “Eusebio
Francisco, married to Teresita Francisco,”
is no proof that the property was acquired
during the spouses coverture. Acquisition of
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based on a breach of contract of carriage Mendoza spouses in 1952 for ten years. The
coupled with a quasi-delict. contract of lease was signed by Julia as lessor
- Pending appeal, the spouses separated and Mrs. with marital consent of Ponciano. Because of
Zulueta entered into a compromise agreement failure to pay their obligations to RFC, spouses
with PanAm, wherein she settled for P50,000. asked for extension on their obligation and was
She filed for the dismissal of the case which was granted such.
denied since a wife cannot bind conjugal - On March 1961, while they were separated in
partnership without the husband’s consent, fact and her husband was in Pampanga, Julia
except in cases provided by law. sold the lots to the Mendoza spouses without the
knowledge and consent of Ponciano.
ISSUE: WON the award for damages is part of the - Thus, he filed a case for the annulment of the
conjugal partnership deed of sale, stating that the properties were
conjugal properties and that she sold them
HELD: YES. The damages arose from a breach of the without his knowledge or consent.
Zulueta’s contract of carriage with PanAm from
which they paid their fare with funds presumable ISSUES:
belonging to the conjugal property. The damages 1. WON the deed of sale was null and void on
therefore, fall under Art 153 CC, the right thereto grounds that the property is conjugal property,
having been acquired by onerous title during the which means Julia is prohibited from selling such
marriage. The damages do not fall under Art 148 CC without consent of spouse.
as exclusive property of each spouse. 2. WON issue of estoppel can be raised against
Further, “that which is acquired by right of Ponciano.
redemption or by exchange with other property
belong to only one of the spouses” and “that which HELD:
is purchased with exclusive money of the wife or 1. YES. Property is conjugal following the
husband” belong exclusively to such wife or presumption found in Art 160 CC, which states
husband, it follows necessarily that what is that all property of the marriage must be
acquired with money of the conjugal presumed to belong to the CP unless it be
partnership belongs thereto or forms part proved that it pertains to exclusive
thereof. property of spouses. This presumption is
strong as stated in Art 153, CC, which provides
MENDOZA v REYES (1983) that such presumption must be overcome by one
124 SCRA 154 who contends otherwise. The only character that
- Ponciano Reyes is the husband of Julia de Reyes they could come up with to rebut the
who executed a deed of sale of 2 parcels of land presumption is Julia’s testimony, which is
with their improvements in favor of (petitioners) contrary to Araneta’s records as well as info on
spouses Mendoza. The land in question was mortgage contracts (which are favorable to her
bought on installment basis from JM Tuazon & husband).
Co. represented by G. Araneta.
- Since the spouses were always in arrears in the Precedent states that it is sufficient to prove that
payment of the said land because of lack of the property was acquired during the marriage
money, they had to borrow from RFC in order that the same may be deemed
(Rehabilitation Finance Corporation). Thus, they conjugal property. That proof of acquisition of
loaned money for purposes of completing the property in dispute during the marriage suffices to
construction of a one-storey building and paying render the statutory presumption operative.
balance of price of lot.
- A corresponding deed of absolute sale, in which Thus, the property was acquired by onerous title
Julia Reyes was named as vendee and her during the marriage. The records show that the
husband signed under the phrase, “with my funds used to buy the lot and build the
marital consent,” was executed by Araneta on improvements came from loans obtained by the
Nov 1948. From thereon, the spouses secured spouses. Art 161 states that all debts and
another loan for the payment of balance of lot obligations contracted by the husband and
and additional security, for the defrayment of wife for the benefit of the conjugal partnership
the expenses incurred in the repairs, etc. As a are liabilities of the partnership. Thus, the lands
result the transfer certificates of said lots issued are conjugal properties of both spouses.
by Registry of Deeds were in the name of “Julia
Reyes married to Ponciano Reyes.” 2. NO. The principle of estoppel rests on rule that
- The mortgage contracts executed by spouses in whenever a party has intentionally led the other to
favor of RFC were duly registered as well. believe a particular thing true to act upon such
Spouses put up a school and a camarin in the belief, he cannot, in any litigation arising from his
lots. When the school was transferred act, declaration or omission, falsify it. It can be
someplace else, the camarin was leased to invoked only between persons making the
misrepresentation and person to whom such
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ISSUES:
1. WON Villanueva had right over Lot 13-C and
improvements thereon by virtue of Victoria’s will.
2. WON improvements on said lot was conjugal.
HELD:
1. NO, Victoria died 2 yrs ahead of her husband.
She never inherited any part of Lot 13-C which
she could bequeath by will to anybody.
Moreover, even if Modesto’s acquisition by
succession of Lot 13-C took place during the
marriage, the lot would still be regarded as his
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a) Lot 6: she paid P169.16 before her marriage CC, Art 158 Improvements, whether for utility or adornment, mad
to Manuel. The P833.32 balance was payable advancements from the partnership or through the industry of eithe
in installment – P25.32 on the 1st year and partnership.
P42 each year after.
Buildings constructed, at the expense of the partnership, during the
b) Lot 5: she paid P116.84 before her marriage pertain to the partnership, but the value of the land shall be reimbu
with Manuel. The P850.32 balance was
payable by installment of P52.32 on the 1st
* CC has a rule for (1) ordinary improvements made
and P42 on each succeeding year.
by the spouses on separate property of each of
- The receipts of the subsequent payment were
them, and another rule if (2) the conjugal
made in the name of Magdalena only.
partnership constructs a building on land belonging
- CA found them to be her paraphernal property.
to either spouse. Land which is separate property
becomes CPG if conjugal funds built anything on it.
ISSUE: WON Lots 5 and 6 are conjugal property. NO
…ON THE OTHER HAND
RATIO: They are her paraphernal property, thus
petitioners are not entitled to the land.
* FC provides for a uniform rule for the two
Lot 6 was purchased in her own name and for
circumstances.
her own exclusive benefit before her marriage to
Manuel. She paid the initial installment before the
A. cost of improvement made by CPG on separate
marriage and the balance was paid during the
property
marriage. All the receipts for the installments paid,
+ resulting increase in the value of improved
even during Manuel’s lifetime, were issued in
separate property > value of the principal property
Magdalena’s name and the deed of sale of Lot 6 was
at the time of the improvement
made in her name despite the fact that Manuel was
still alive. The acquisition of Lot 5 was the same as ∴ entire property becomes CPG, CPG
Lot 6. reimburses spouse at liquidation
Under Act No. 1120 of the alienation of Friar
Lands, the certificate is only an agreement to sell B. cost of improvement + resulting increase in value
and does not vest ownership of the land. of the improved principal property < value of the
Since the receipts for the installments paid were principal property at the time of improvement
issued in her name and the deed of sale in her ∴ principal property and improvement
name, this shows that the property belonged to her; belongs to owner-spouse, subject to
ownership had been vested on the buyer- reimbursement
spouse BEFORE the marriage.
Since the installments paid during the
marriage are deemed conjugal, there being no CPG – accessory
If improvement
evidence that they were paid out of funds belonging
i.e. the house, is
exclusively to Magdalena, such amounts should be worth 2 M
reimbursed to the CPG.
Exclusive –
principal
* Ma’am Beth says that this is more correct than
Castillo v Pasco Then the estimated value
of house and lot is at 10.5
d. Rules on Improvement M
Value of the
FC, Art 120 The ownership of improvements, whether for utilityCost or adornment,
of made Resulting
on the principal
spouses at the expense of the partnership or through the acts or efforts of increase in value
improveme + either or both spouses property at the
following rules: of the improved
the conjugal partnership or to the original owner-spouse, subject to the nt time of the
principal property
improvement
When the cost of the improvement made by the conjugal partnership and 10.5 M – (2 M + 5
the value of the property at the time of the improvement, the
conjugal partnership, subject to reimbursement of the value of the
M)
2 Mproperty of the owner-spouse at the10.5
timeMof the
improvement; otherwise, said property shall be retained 3.5 M
reimbursement of the cost of the improvement. 5.5 M
∴ Principal property and
In either case, the ownership of the entire property shall be vested upon thebelongs
reimbursemen 10.5 M
improvement to owner-
the time of the liquidation of the conjugal partnership. spouse
because of the delay of payment, the amount has the land and house are conjugal property
already devaluated. and could not have been sold to Daguines
without Mercedes consent.
* Nevertheless, later reimbursement is pragmatic in 2. The contract of sale is null and void for being
this case because when a person engages in any contrary to morals and public policy. Under the
construction or improvement in properties, the cash law, spouses are prohibited from selling property
is usually wiped out. to each other, subject to certain exceptions. This
prohibition also applies to common-law
CALIMLIM-CANULLAS v FORTUN (1984) relationships.
129 SCRA 675
- Petitioner Mercedes Calimlim-Canullas ♥ e. Charges upon the CPG
Fernando Canullas were married on Dec 19,
1962 and had 5 kids.
FC, Art 121 The conjugal partnership shall be liable for:
- They lived in a small house on a residential land
in question located at Bacabac, Pangasinan. 1. support: spouse, common children, legitimate children
of either spouse; support of illegitimate children
After Fernando’s dad died in 1965, Fernando
governed by the provisions of on Support
inherited the land. 2. all debts and obligations contracted during the
- In 1978, Fernando abandoned his family and was marriage
living with private respondent, Corazon a. by the designate administrator-spouse for the
Daguines. During the pendency of this appeal, benefit of the conjugal partnership of gains,
they were convicted of concubinage in a b. by both spouses
judgment rendered on Oct 21, 1981 by the then c. by one of them with the consent of the other
CFI of Pangasinan which judgment has become 3. debts and obligations contracted by either spouse
without the consent of the other to the extent that the
final. family may have been benefited
- On April 15, 1980, Fernando sold the property 4. all taxes, liens, charges and expenses including major
with the house on it to Daquines, for P2000. In or minor repairs upon the conjugal partnership
the document of sale, Fernando described the property
house as “also inherited by me from my 5. all taxes and expenses for mere preservation made
deceased parents.” during the marriage upon the separate property of
- Unable to take possession of the lot and house, either spouse
6. expenses to enable their spouse to commence or
Daguines initiated a complaint on June 18, 1980
complete a professional , vocational or other activity
for quieting of title and damages against for self-improvement
Mercedes. The latter resisted and claimed that 7. ante-nuptial debts of either spouse insofar as they
the house where she and her kids lived, have redounded to the benefit of the family
including the coconut trees on the land, were 8. value of what is donated or promised by both spouses
built and planted with conjugal funds and in favor of their common legitimate children for the
through her industry; that the sale of the land exclusive purpose of commencing or completing a
together with the house and improvements to professional or vocational course or other activity for
self-improvement
Daguines was null and void because they are
9. expenses of litigation between spouses unless the suit
conjugal properties and she had not given her is found to be groundless
consent to the sale.
If the conjugal partnership is insufficient to cover the
foregoing liabilities, the spouse shall be solidarily liable for
ISSUE: the unpaid balance with their separate properties.
1. WON the construction of a conjugal house on the
exclusive property of the husband ipso facto
DIFFERENCE BETWEEN OBLIGATIONS OF ACP AND
gave the land the character of a conjugal
CPG
property - YES
2. WON the sale of the land together with the
house & improvements thereon was valid under 1. Art 94 (5) and Art 121 (5): In obligation to
the circumstances surrounding the transaction. taxes and expenses pertaining to preservation
of separate property, ACP provides that it
HELD: should be “used by the family” while CPG does
not have such qualification.
1. Under Art 158 CC, the land and building belong - The reason behind this is that CPG has interest in
to the CPG but CPG is indebted to the husband
the preservation of separate properties since its
for the value of the land. The spouse owning
fruits belong to the conjugal funds. On the other
the lot becomes a creditor to the conjugal
hand, a separate property of the spouses is
partnership for the value of the lot, which
usually beyond the reach of ACP hence, the
value would be reimbursed at the liquidation of
express requirement.
the conjugal partnership. Conversion of land
from exclusive to conjugal property should be
deemed to retroact to the time the conjugal 2. Art 94 (9) does not have a counterpart in Art
buildings were first constructed thereon; thus, 121: Ante-nuptial debts, liabilities and support of
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NCC which is to show the utmost concern for the 280 SCRA 361
solidarity and well-being of the family as a unit. - Oct 89: Manuel Abelardo and his wife Maria
Theresa Carlos-Abelardo approached the wife’s
AYALA INVESTMENT v CHING (1998) father Honorario Carlos and requested him to
286 SCRA 272 advance $25,000 for the purchase of house and
- Philippine Blooming Mills obtained a loan of lot in Parañaque.
P50,300,000 from Ayala Investment and - Petitioner issued a check in the said full amount
Development Corporation (AIDC). to the seller of the property to enable and assist
- Alfredo Ching, the Executive VP of PBM signed a the spouses conduct their married life
surety to the loan, making himself liable with independently and on their own
PBM’s indebtedness to AIDC. Upon PBM’s failure - July 91: Carlos inquired about the status of the
to pay the loan, AIDC filed a case to recover the loan. The spouses acknowledged their obligation
sum of money from PBM and Ching. but pleaded that they were not yet ready to
- A writ of execution was issued wherein the settle it. Respondent expressed violent
properties of Ching were to be levied and resistance to petitioner’s inquiries by making
scheduled for auction. The 3 properties involved various threats against the petitioner.
were conjugal properties of Ching and his wife; - Aug 94: Formal demand was made by Carlos but
thus, Ching asked that the auction sale upon spouses failed yet again to comply
said properties be enjoined because such are - Oct 94: Petitioner filed a complaint for collection
part of the CPG and could not be held liable to of the sum and damages against spouses in
answer for a loan that did not redound to the Valenzuela RTC
benefit of his family. - Spouses having been separated in fact for more
- The auction still took place and AIDC being the than a year prior to filing of complaint, submitted
only bidder acquired the properties. As such, separate answers.
Ching instituted an action in the court to declare - Wife admitted securing a loan together with
the sale null and void. husband but claimed that loan was payable on a
- RTC and CA ruled in his favor, giving the sale no staggered basis. Husband claimed that sum was
legal effect. not a loan but his share of income on contracts
in reviving the petitioner’s construction business
ISSUES: - RTC ruled in favor of petitioner Carlos
1. WON the CP is liable for a surety agreement - CA reversed decision and dismissed the
entered into by the husband in favor of his complain for insufficiency of evidence
employer. - NO
ISSUE:
2. Was act of the husband, in securing the loan,
part of his industry, business or career from - WON $25,000 or its equivalent PhP625K was in
which he supports his family? - NO the nature of a loan. - YES
- WON loan is liability of both spouses. - YES
HELD:
1. The execution of the surety agreement did not HELD:
redound to the benefit of the family since it was 1. The petitioner was able to prove it as a loan by a
a corporate loan extended and used by PBM. Art preponderance of evidence in providing the
161(1), CC and Art 121 (2), FC are clear in check he issued, the acknowledgement of the
requiring that the loan obtained should be for wife of their accountability, and the petitioner’s
the benefit of the partnership or should redound demand letter sent and received by respondent.
to the benefit of the CP in order for the CPG to
be held liable. Burden of proof of showing that it Husband’s claim that it is his rightful share as
does lies in creditor-party litigant and the AIDC income, profit or salary is untenable because
presented no such proof. there is no showing that he is a stockholder, an
employee or an agent of the corporation.
Moreover, actual benefits must redound to CPG 2. The acknowledgement of the loan made by the
and it’s not enough that the transaction be one wife binds the conjugal partnership since its
that would normally produce benefit for the proceeds redounded to the benefit of the family
partnership. It must do so, in fact where such because it was used to purchase the house and
benefits directly result from the loan; such are lot which became their conjugal home. Pursuant
what is contemplated by the law. to Art 121 No. 2 & 3, even with the alleged lack
of consent of respondent-husband, defendant-
2. Signing as a surety is not an exercise of an husband and wife are jointly and severally liable
industry or profession of Ching. Neither is it an in the payment of the loan.
embarking in a business or an act of
administration for the benefit of the family. CARANDANG v HEIRS OF DE GUZMAN (2006)
508 SCRA 469
CARLOS v ABELARDO (2002)
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P256,137.79 and to forestall the foreclosure of wife, also for the same purpose, in the case
mortgaged conjugal properties. where she may legally bind the partnership.”
- CFI issued an order granting Tinitigan “authority
to sell the house and lot in Pasay City, in favor of GUIANG v CA (1998)
Quintin Lim, if he is a Filipino citizen, for 291 SCRA 372
P300,000.” - Gilda Corpuz left for Manila to find a job as an
- CA upheld orders of respondent Judge that Overseas Filipino Worker in June 1989 but she
approves the sale of the conjugal property. fell victim to illegal recruiters and had to stay in
Manila. A year later she successfully found a job
ISSUE: WON the order to sell the conjugal property in the Middle East. Her husband Judie Corpuz
rendered by Judge Navarro is valid. since then rarely went home and stayed most of
the time at his workplace.
HELD: Petitioners Teofista Tinitigan, et al, argue that - After hearing about her father’s plan to sell the
the order authorizing Severino to sell the property is remaining half of the lot, daughter Harriet wrote
void, because he had no authority to sell it, they to inform her mother. Gilda expressed her
being under the administration of his wife Teofista. disapproval but Judie pushed through with the
This has no legal basis. sale to the Guiangs.
- When she returned, Gilda gathered her children
Art 165 CC states: “the husband is the administrator who were staying in different households and
of the CP,” which is the general rule. Though Art stayed in their house in Negros. She also
1658 states that “the wife may be express authority discovered that her now ex-husband had another
of the husband embodied in a public instrument, wife. Guiangs charged Gilda of trespassing for
administer the conjugal partnership property.” Other staying in their house wherefore the Corpuzes
provisions in the Code also speak of administration later agreed to leave the house in an amicable
by the wife pursuant to a judicial decree. However, settlement.
such provisions are not applicable in this case.
- Gilda then instituted against seeking to annul
The judicial decree on Oct 29, 1975, appointing the sale of land between Judie Corpuz and the
Teofista as administratrix of the CP cannot be treated Guiang couple.
as an exception because it was issued only after the - RTC ruled in Gilda’s favor, declaring the sale null
CFI of Rizal granted Severino the authority to sell the and void; the CA upheld this decision. Hence this
property. Besides, her appointment was not absolute appeal.
since it was subject to certain conditions that were
agreed upon. ISSUE:
1. Whether Judie’s execution of ‘Deed of Transfer of
Thus, the conclusion is that Severino did not cease Right’ for the Guiangs was void or merely
being the administrator of their conjugal properties voidable
at the time the motion for judicial approval of the 2. WON Gilda ratified the said contract when she
sale was granted. Being the administrator, however, entered into the amicable settlement with the
does not give him the outright authority to alienate Guiangs.
or encumber assets. This would require the express
or implied consent of Teofista subject to certain HELD:
exceptions. Art 166 NCC states that “unless the wife 1. The deed was void. The property was acquired
has been declared incapacitated, the husband during the marriage of Judie and Gilda Corpuz.
cannot alienate or encumber any property of the CP When Judie offered to sell the remaining half,
without her consent” wherein the court may compel Gilda’s consent was totally lacking, contrary to
her to grant it if she unreasonably refuses to give the claim of the Guiangs invoking Art 1390(2) CC
consent. This is why Severino sought judicial that it was only vitiated hence merely voidable.
approval. The case at bar falls under Art 124, FC which
states ‘xxx the absence of such authority
The sale was necessary to answer for a big, conjugal or consent, the disposition or encumbrance
liability which might endanger the family’s economic shall be void’.
standing. The case at hand actually is one wherein 2. No, void contracts cannot be ratified. The entry
the wife’s consent is not required and impliedly, no into amicable settlement would not have any
judicial intervention is necessary. effect in the contract since it was void.
According to Art 171 NCC, “the husband may **FC applied in this case since the sale was done in
dispose of the CP for the purposes specified in Art 1990
161 and 162.” In general, these articles deal with the
obligations of the CP. Art 161, Par 1 provides that RELUCIO v LOPEZ (2002)
“the CP shall be liable for all debts and 373 SCRA 578
obligations contracted by the husband for the - Imelda Relucio, the mistress of Alberto Lopez,
benefit of the CP, and those contracted by the assails the appointment of Alberto’s legitimate
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wife’s (Angelina Mejia Lopez) as the sole - After a visual inspection of the lots, petitioner
administratix of conjugal partnership of met with both the spouses and made a definite
properties, forfeiture, etc. offer to buy the properties.
- Alberto allegedly abandoned Angela and their - After negotiation, Edilberto (only) and petitioner
four children and had maintained illicit agreed upon the purchase price of P1.5M for
relationship with the petitioner, Relucio. In the Taytay property and P2.1M for Makati property.
course of their cohabitation, they have amassed - Agreement was handwritten by petitioner and
a fortune consisting mainly of stockholdings in signed by Edilberto. Purchase was on installment
Lopez-owned or controlled corporations, basis and down payment through checks was
residential, agricultural, commercial lots, houses, made by petitioner.
apartments and properties through the actual
contribution of money, property, industry of - The following day, Norma, the spouses and the
Alberto and Relucio real estate broker met to incorporate notations
- Angela, the wife and the four children did not and revise contracts to sell.
benefit from the said properties - At yet another meeting, petitioner was surprised
- Alberto has also sold, disposed of, transferred to learn that spouses were backing out of the
assigned, cancelled, removed, stashed away and agreement because they needed “spot cash” for
alienated their conjugal properties from Angela, the purchase price. Norma Camaisa refused to
hence the petition to become the administratix sign contract to sell.
of the said partnership
- Angela prays that Alberto do the following: ISSUES:
o Account their conjugal partnership 1. WON sale of real properties of the spouses have
property already been perfected. - NO
o Give support to respondent and her 2. WON the husband may validly dispose of a
conjugal property without his wife’s written
children
consent. - NO
o Turn over his share in the co-ownership
3. WON Court may intervene to authorize the
with petitioner (Relucio)
transaction. - NO
o Dissolve his conjugal partnership or
absolute community property with
HELD: According to Art 124 FC, the law requires that
respondent
the disposition of a conjugal property by the
husband as administrator in appropriate cases
ISSUE: WON the petitioner has cause of action
requires the written consent of the wife. Otherwise,
(affected in anyway) by the respondent’s petition for
the disposition is void. Even though Norma was
appointment as sole administratix of conjugal
aware of, even caused the advertisement in the
properties?
newspaper, and participated in the negotiations for
the sale, mere awareness of a transaction is not
HELD: NO! The petitioner (Alberto’s mistress) is not
consent and her written consent to the sale is
an indispensable party nor a real party-in-interest
required by law for its validity.
because Alberto can fulfill the relief sought by
Angela even without the participation of Relucio. The
Art 124, FC also states that court authorization is
cause of action arises only between the
only resorted to in cases where the spouse
husband and the wife who have right-duty
who does not give consent is incapacitated.
obligation between each other. The mistress is a
Petitioner failed to allege and prove that respondent
complete stranger to them. Any judgment would be
Norma was incapacitated to give her consent to the
valid and enforceable against Alberto. The
contracts. In the absence of such, court
administration of the property of marriage is entirely
authorization cannot be sought.
between the spouses to the exclusion of other
persons.
g. Dissolution of the CPG
Or simply put: No need for Relucio to intervene, she
has nothing to do with the affairs of the spouse. FC, Art 126 The conjugal partnership terminates:
1. upon the death of either souse
JADER-MANALO v CAMAISA (2002) 2. when there is a decree of legal separation
374 SCRA 498 3. when the marriage is annulled or declared void
- Petitioner Thelma Jader-Manalo came across 4. in case of judicial separation of property during the marriage
to 138
respondent spouses’ ad in Bulletin Today selling
their 10-door apartment in Makati and another
property in Taytay, Rizal.
- Interested in both properties, petitioner
negotiated for its purchase through the spouses’
real estate broker, Mr. Proceso Ereno.
PERSONS AND FAMILY RELATIONS | Prof. E. A. Pangalangan, A.Y. 2008-2009
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h.not
FC, Art 127 The separation in fact between husband and wife shall Liquidation
affect the regimeof Assets
of CPG and
except that:
1. spouse who leaves the conjugal home or refuses to liveLiabilities
therein, without just cause, shall not have the
be supported
2. consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained
in a summary proceeding FC, Art 129 Upon the dissolution of the conjugal partnership regime, t
3. 1. An inventory
absence or insufficient community property, the separate property shall be shall be prepared,
solidarily liable listing separately all the prop
of the family. The spouse present shall, upon proper petition in a properties of each spouse.
summary proceeding, be given judicial authority
to administer or encumber any specific separate property 2.
of the other spouse
Amounts sand
advanced byuse
the the fruits partnership
conjugal or proceedsin payment of p
thereof to satisfy the latter’s share be credited to the conjugal partnership as an asset thereo
3. Each spouse shall be reimbursed for the use of his or her e
the value of his or her exclusive property, the ownership o
FC, Art 128 If a spouse without a just cause abandons the other or fails to comply with his or her obligations to the family,
partnership.
the aggrieved spouse may petition
1. for receivership 4. The debts and obligations of the conjugal partnership shall
2. for judicial separation of property insufficiency of said assets, the spouses shall be solidarily li
3. for authority for sole administration of ACP properties, in accordance with the provisions of paragraph (2) of
5. Whatever remains of the exclusive properties of the spouses sha
The obligations to the family mentioned in the preceding paragraph: 6. Unless the owner had been indemnified from whatever source
1. marital benefit of the family, belonging to either spouse, even due to fo
2. parental conjugal funds, if any.
3. property relations.
7. The net remainder of the conjugal partnership properties sh
A spouse is deemed to have abandoned the other when he or she has left equally between
the conjugal husband
dwelling and any
without wife,intention
unless aofdifferent propo
returning. The spouse who has left the conjugal dwelling for a period of 3settlements
months or orhasunless
failedthere has
within thebeen
samea voluntary
period to waiver or forfe
give any information as to his/her whereabouts shall be prima facie8.presumed to have no legitimes
The presumptive intention ofofreturning to thechildren shall b
the common
conjugal dwelling. Article 51.
9. In the partition of the properties, the conjugal dwelling and t
agreed upon by the parties, be adjudicated to the spouse wi
choose to remain. Children below the age of seven years are d
has decided otherwise. In case there is no such majority, the c
interests of said children.
FC, Art 130 Upon the termination of the marriage by death, the c
same proceeding for the settlement of the estate of the deceased.
FC, Art 131 Whenever the liquidation of the conjugal partnership during the liquidation
properties of two or of themarriages
more estate of deceased,
such
by the same person before the effectivity of this Code is carried out right cannot be impaired by Rule 83, Sec. 3
simultaneously
of the
income of each partnership shall be determined upon such proof as may Rules of according
be considered Court which
to theisrules
a procedural
of evidence.
rule.the same shall be divided between the different
In case of doubt as to which partnership the existing properties belong,
partnerships in proportion to the capital and duration of each.
- Be it noted however that with respect to
“spouse”, the same must be the “legitimate
spouse”
FC, Art 132 The Rules of Court on the administration of estates of deceased (notshall
persons common-law
be observed spouses who and
in the appraisal are
mothers of the children here).
sale of property of the conjugal partnership, and other matters which are not expressly determined in this Chapter.
FC, Art 133 From the common mass of property support shall be given to the
E. Separation of Property and
during the liquidation of the inventoried property and until what belongs to them is delivered
shall be deducted that amount received for support which exceeds the fruits or rents pertaining to them.
Administration of Common
SANTERO v CFI OF CAVITE (1987) Property by One Spouse
153 SCRA 728
- Petitioners Princesita Santero-Morales, Federico 1. Judicial separation of
Santero and Willy Santero are the children
begotten by the late Pablo Santero with property for sufficient cause
Felixberta Pacursa while private respondents
Victor, Rodrigo, Anselmina and Miguel all FC, Art 134 In the absence of an express declaration in the marria
surnamed Santero are four of the seven children spouses during the marriage shall not take place except by judic
begotten by the same Pablo Santero with either be voluntary or for sufficient cause.
Anselma Diaz.
- Both sets of children are the natural children of COMPLETE SEPARATION OF PROPERTY may be had
the late Pablo Santero since neither of their thru:
mothers, was married to their father Pablo.
1. conventional in the marriage settlement
- Even before the Court could act on the instant 2. judicial decree
petition, private respondents filed another a. voluntary (Art 136)
Motion for Allowance dated March 25, 1985 with b. sufficient cause (Art 135)
the respondent court to include Juanita, Estelita
and Pedrito all surnamed Santero as children of
3. compulsory by operation of law (Art 103
and Art 130) when there is no liquidation of
the late Pablo Santero with Anselma Diaz praying
property regime of first marriage
that an order be granted directing the
administrator Reynaldo C. Evaristo to deliver the
sum of P6,000 to each of the seven children of FC, Art 135 Any of the following shall be considered sufficient cause
Anselma Diaz as their allowance from the estate
(BY PRESENTATION OF FINAL JUDGMENT)
of Pablo Santero.
1. civil interdiction
2. judicially declared an absentee
ISSUE: WON the natural children Victor, Rodrigo, 3. loss of parental authority by court decree (Art 228 and 229)
Anselmina and Miguel should be granted an
allowance out of the hands of the property (PROOF OF CAUSE IS NEEDED)
administrator of Pablo Santero? 4. abandonment or failure to comply with family and marital obli
5. abuse of power of administration granted in the marriage sett
HELD: YES. The fact that private respondents are of 6. de facto separation for at least one year and reconciliation is h
age, gainfully employed, or married is of no
In the cases provided for in Number 1, 2 and 3, the presentation of t
moment and should not be regarded as the shall be enough basis to grant of the decree of judicial separation of pr
determining factor of their right to allowance
under Article 188.
- While the Rules of Court limit allowances to the GARCIA v MANZANO (1958)
widow and minor or incapacitated children of the 103 Phil 798
deceased, the New Civil Code gives support to - Gonzalo Garcia filed an action against his wife,
the surviving spouse and his/her children without Consolacion Manzano, for the declaration of the
distinction. separation of their conjugal partnership property
- Hence, the private respondents Victor, Rodrigo, on the ground that they have been living
Anselmina and Miguel all surnamed Santero are separately since 1948 and that all attempts at
entitled to allowances as advances from their reconciliation between them have failed.
shares in the inheritance from their father Pablo - As a result of their joint efforts, they
Santero. accumulated real and personal properties. That
since their separation, Consolacion assumed
- Since the provision of the Civil Code, a complete management and administration of the
substantive law, gives the surviving spouse CP.
and to the children the right to receive support
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- He alleges mismanagement of the CPG since she - In 1980 – Prima filed an action for judicial
was exclusively enjoying the fruits of it, she separation of conjugal property and this was
refused to turn over to Gonzalo his rightful share consolidated with her earlier petition for support.
or allow him participation in the partnership, she - In the disposition of the trial court it was held
conducted fictitious transfers and alienation of that Prima was legally married to Jose Jo and
property to third persons and that she neglected therefore entitled to support as the lawfully
to file income tax returns. wedded wife and Jose Jo was ordered to give a
- TC dismissed complaint for failure to state a monthly support of P 500. There was no definite
cause of action upon motion of Consolacion disposition as to the judicial separation of
conjugal property.
ISSUE: WON Garcia is entitled to a judicial - CA upheld the TC decision but complaint for the
declaration of separation of properties. - NO judicial separation of conjugal properties was
dismissed for lack of cause of action on the
HELD: His complaint did not establish a case for ground that separation by agreement was not
separation of properties. Consistent with its policy of covered by Art 178, CC.
discouraging a regime of complete separation as not - However, the penultimate paragraph of the
harmonious with the unity of the family and the decision provides: “It is, therefore, hereby
mutual affection and help expected of the spouses, ordered that all properties in question are
the OCC and NCC require that separation of considered properties of Jose Jo, the defendant in
properties shall not prevail unless expressly this case, subject to separation of property under
stipulated in marriage settlements before the union Art 178, Par 3 CC, which is subject of separate
is solemnized or by formal judicial decree during the proceedings as enunciated herein.”
existence of the marriage; and in the latter case, it
may only be ordered by the court for the causes ISSUES:
specified in Art 191, CC. 1. WON a final judgment rendered by the LC may
be modified if the dispositive portion did not
In the system established by the NCC, the wife does contain the decision extensively discussed in the
not administer the conjugal property unless with the body of the decision. - YES
consent of the husband, or by decree of the court 2. WON the separation of the parties was due to
and under its supervision with such limitations as the their agreement. - NO
court may deem advisable. In the event of such
maladministration by the wife, the remedy of the 3. WON Prima is entitled to judicial separation of
husband does not lie in a judicial separation of property. - YES
properties but in revoking the power granted to
the wife and resuming the administration of HELD:
the communal property and the conduct of the 1. The dispositive portion of the decision was
affairs of the CP. incomplete insofar as it carried no ruling on the
complaint for judicial separation of conjugal
He may enforce his right of possession and control of property although it was extensively discussed in
the conjugal property against his wife, and seek such the body of the decision.
ancillary remedies as may be required by the - The penultimate paragraph of the decision of the
circumstances, even to the extent of annulling or trial court ruling should have been embodied in the
rescinding any unauthorized alienations or dispositive portion. It was based upon the findings
encumbrances, upon proper action filed for that that Prima and Jose were legally married and the
purpose. For this reason, Art 167, 172 and 178 CC properties mentioned were acquired during the
contemplate exclusively the remedies available to marriage although they were registered in the name
the wife against the abuses of her husband because of a dummy.
normally, only the latter can commit such abuses.
Therefore, he cannot claim that he should be entitled 2. The CA ruling that an agreement to live
to the same remedies. separately without just cause was void under Art
221 of the CC and could not sustain any claim of
PARTOSA-JO v CA (1992) abandonment by the aggrieved spouse. Thus,
216 SCRA 692 the only remedy available was that of legal
- Jose Jo cohabitated with three women and he separation.
fathered 15 children. The petitioner in this case
claims to be his legal wife (Prima) with whom he - However, the separation was due to
had a daughter named Monina Jo. abandonment. They merely agreed that she would
- Prima claims that when she left Dumaguete City live with her parents while she was pregnant, and
it was their agreement that she was temporarily when she returned, he refused to accept her. This
live with her parents during the initial period of clearly demonstrates that he had no intention of
her pregnancy and for Jose to visit and support resuming their conjugal relationship; moreover,
her. from 1968-1988 when the court finally decided to
award support, Jose never gave financial support.
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the conjugal abode and has given cause for plaintiff - The kids by first marriage should be notified of
to seek redress in courts. the proceedings and their names and addresses,
as well as the names and addresses of the kids
2. Voluntary separation of by second marriage, be furnished by them.
With regard to the custody and support of the thus it is not a ground for judicial separation of
children: all the children, including the Enrique and property.
Teresa, were below 7 year old then Art 363 CC
specifically commands that no mother shall be
separated from her child under 7 year old
unless court finds compelling reasons for such
measure.
During the pendency of the proceedings for separation of property, the1. guardian of the other
spouses and their children. 2. judicially declared an absentee
3. civil interdiction
4. fugitive from justice or in hiding as an accused in a criminal ca
E. Regime of Separate
FC, Art 141 The spouses may, in the same proceedings where separation of property was decreed, file a motion in court for a
Property
decree reviving the property regime that existed between them before the separation of property
following instances:
1. civil interdiction terminates
2. absentee spouse reappears ADVANTAGES:
3. when the court is satisfied that the spouse granted the power 1. ofsimple; no common
administration in the properties hence no will not
marriage settlements
liquidation
again abuse that power, authorizes the resumption of said administration
2. neither
4. when the spouse who has left the conjugal home without a decree spouse
of legal can resumes
separation be accused of being
common life with the
other interested in other’s properties
5. when parental authority is judicially restored to the spouse previously deprived thereof
6. when the spouses who have been separated in fact for a least one year, reconcile and resume common life
DISADVANTAGES:
7. when after voluntary dissolution of the ACP or CPG has been judicially decreed upon the joint petition of the spouses,
they agree to the revival of the former property regime. No 1. voluntary
inconsistent with the
separation of community
property mayofthereafter
life and be
granted. interest which marriage is supposed to
create
2. 67.
The revival of the former property regime shall be governed by Art based on distrust and not favorable to the
family
Art 67 Agreement to revive former regime shall 3. ordinarily unfavorable to the wife who
specify: usually is unemployed and dependent on the
1) what to contribute anew to restored property husband for support
regime 4. may lead to constant disputes on sharing
2) what to retain in separate property and family expenses
3) names of all the creditors 5. against Filipino custom which is trust and
sharing in the spouses
FC, Art 143 Should the future spouses agree in the marriage settle
shall be governed by the regime of separation of property, the provisio
- LC lifts the restraining order and orders Teresita without the benefit of marriage, are co-owners of
not to divest Virginia her possession of the the jeepney. The motion was denied.
Forbes Park property; however it also enjoined - The court based their decision on Article 144 CC
Virginia from selling, disposing or encumbering which provides that when a man and a woman
said property in any matter pending resolution of living together as husband and wife, but they are
the disputes not married, or their marriage is void from the
- Teresita alleges that the Forbes Park property beginning, the property acquired by either or
was undertaken jointly by her and Isidro and she both of them through their work or industry or
even contributed using her own exclusive funds their wages and salaries shall be governed by
- Josefina and Virginia dispute this claim and say the rules on co-ownership
the house was built with Isidro’s funds alone and
without Teresita’s intervention. Teresita presents ISSUES:
proof that she obtained loans when the Forbes 1. WON Art 144 is applicable in a case where one of
Park house was under construction. the parties in a common-law relationship is
incapacitated to marry - NO
ISSUES: 2. WON Rosalia, who is not a registered owner of
1. WON the preliminary injunction could be granted the jeep can be held solidarily liable for damages
in favor of Teresita with the registered owner - NO
2. WON Teresita can claim that she co-owned the
house with Isidro by the fact that they were HELD:
common-law spouses
1. It has been consistently ruled that the co-
HELD: ownership contemplated in Art 144, requires that
the man and woman living together must not
1. Injunction rests upon the sound discretion of the be incapacitated to contract marriage. Since
court, in the exercise of which appellate courts Jose is legally married to Socorro, there is an
will not interfere except in a clear case of abuse. impediment for him to contract marriage with
Although Teresita presented loans that she had Rosalia. Thus, Rosalia cannot be a co-owner of
contracted during the period when said house the jeep. The jeep belongs to the CP of Jose and
was under construction as proof of ownership, Socorro. There is therefore no basis for the
evidence was wanting which would correlate liability of Rosalia for damages arising from the
such loans to the construction work. Thus, death of and physical injuries suffered by the
assertion that the North Forbes Park house is passengers.
petitioner's exclusive property is unsupported 2. Rosalia, who is not the registered owner can
and may not be permitted to override the prima neither be liable for damages caused by its
facie presumption that house, having been operation, because only the registered owner is
constructed on Isidro’s lot at his instance, and responsible.
during his marriage with Josefina, is part of the
estate that should be under the control of the VDA DE CONSUEGRA v GSIS (1971)
Virginia 37 SCRA 315
2. Before a common-law spouse can claim co- - Jose Consuguera contracted 2 marriages. 1st
ownership of their spouse’s properties, there marriage was with Rosario Diaz where they had
must be a clear showing that the common- 2 children. 2nd marriage was with Basilia Berdin
law spouse had, during cohabitation, really with 7 children. Later he died. Both marriages
contributed to the acquisition of the were contracted in good faith.
property involved. - As a member of GSIS, he was entitled to both a
retirement insurance and life insurance. The life
JUANIZA v JOSE (1979) insurance was paid to Berdin and her children
89 SCRA 306 who were the designated beneficiaries named in
- Eugenio Jose was legally married to Socorro the policy. The retirement policy did not
Ramos but had been cohabiting with defendant- designate a beneficiary. Hence, the petition.
appelant Rosalia Arroyo for 16 yrs. - GSIS: ½ to Rosario (8/16) and ½ to Basilia (1/16
- Jose was the registered owner and operator of a between Basilia and their seven children).
passenger jeepney involved in an accident of - CFI: Same with GSIS.
collision with a freight train resulting in the death
of 7 and physical injuries to 5 of its passengers. ISSUE: WON Basilia is entitled to the proceeds of the
- In the resulting case for damages, the CFI retirement benefits because she was just the second
rendered decision ordering Jose and Rosalia (the wife.
mistress) to jointly and severally pay.
- Rosalia filed MFR praying that she should not be HELD: Yes. The marriage was contracted in good
liable to pay for damages since the decision was faith and so it is just and fair for them to receive it.
based on the erroneous theory that she was Not just because the retirement does not name a
living together with Jose as husband and wife beneficiary, means that it should follow what was
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written in the life insurance benefits. It is just and Regina even if they were not legally married at
fair to recognize the second wife it being that the the time of its acquisition.
marriage was done in GOOD FAITH. Provisions on 2. NO. SC ruled contrary to CA, stating that CA
retirement came when Com Act 186 was amended limitedly construed the phrase “joint efforts” and
by RA 660 on 1951 which means that there was no confined them to mean financial effort. SC
intention for the life insurance beneficiaries to recognized that even without the benefit of
automatically be the retirement beneficiaries also. marriage, Melbourne and Regina lived together
Besides, it is also required for the member to and assumed the roles of husband and wife,
specifically write the name of the beneficiary. Regina as ‘administrator’ of their domestic
affairs while Melbourne works in the colonial
*Ma’am Beth asks: When do you consider good government.
faith in marriages? Only with regard to belief in 3. SC recognizes woman’s contribution to the
the authority of the solemnizing officer. co-ownership of unmarried couples even if
she is not working outside the home. SC
MAXEY v CA (1984) said that this was the correct interpretation of
129 SCRA 187 the Civil Code because the woman cannot be
- Melbourne Maxey and Regina Morales started expected to give up her role as homemaker and
living together in 1903 in ‘military fashion’ go out to earn an income.
according to their children (which the courts did
not recognize). They had 6 children: John Carlos, VALDES v RTC (1998)
Lucille, Margaret, Florence, Fred, and George. 260 SCRA 221
Except for the youngest son, all the children
were born before the disputed properties were - Antonio Valdes and Consuelo Gomez were
acquired. They had their church marriage in married on Jan 5, 1971. In 1992, Valdez sought
1919, and sometime after, Regina Morales died. the declaration of nullity of the marriage in the
- The disputed properties were acquired in 1911 QC RTC, pursuant to Art 36, FC (mutual
and 1912 before the 1919 church marriage. psychological incapacity to comply with their
Regina Morales Maxey died in 1919 sometime essential marital obligations) which RTC granted.
after the church wedding. The husband - Ex-spouses were directed to start proceedings on
remarried in 1953, his second wife Julia the liquidation of their common properties as
Pamatluan Maxey, using a power of attorney, defined by Art 147, FC, and to comply with the
sold the properties to the respondent spouses, provisions of Art 50-52, FC, within 30 days from
Mr. and Mrs. Beato C. Macayra. This sale notice of this decision.
according to the petitioners was unknown to - Consuelo Gomez sought a clarification of the
them until in 1961. direction of compliance with Arts 50-52 asserting
- Petitioners sought to annul the sale arguing that that the FC contained no provisions on the
the properties were common properties of their procedure for the liquidation of common
parents. Trial court applied Art. 144 of the Civil property in "unions without marriage."
Code stating that “When a man and a woman - RTC thus clarified that considering that Art 147
live together as husband and wife, but they are explicitly provides that the property acquired by
not married, or their marriage is void from the both parties during their union, in the absence of
beginning, the property acquired by either or proof to the contrary, are presumed to have
both of them through their work or industry or been obtained through the joint efforts of the
their wages and salaries shall be governed by parties and will be owned by them in equal
the rules on co-ownership.” shares, ex-spouses will own their family home
- Trial court ruled in their favor annulling the sale and all their properties for that matter in equal
and order the return of the land to them plus shares.
other costs. Court of Appeals reversed stating - In the liquidation and partition of properties
that lands in question were exclusive properties owned in common by the ex-spouses, the
of Melbourne Maxey since Regina Morales was in provisions on ownership found in the CC shall
no position to be able to contribute jointly to the apply. And on the issue of disposing the family
acquisition of property. dwelling, considering that this Court has already
declared the marriage as null and void ab initio,
ISSUES: pursuant to Art 147, the property regime of
1. WON properties were Melbourne Maxey’s petitioner and respondent shall be governed by
exclusive property the rules on ownership and provisions of Arts.
2. WON the phrase “joint efforts” was limited and 102 and 129 of the FC finds no application.
pertained only to monetary contributions Petitioner’s MFR was denied and in his recourse
to the SC, he submits that Art 50-52 should be
HELD: controlling.
1. NO. The said properties were products of the
joint efforts and industry of Melbourne and ISSUE: WON provisions Art 50-52 are controlling –
NO.
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who are cohabiting without marriage and is likewise registration of this land under Pacita’s name, this
barred to contract marriage since a judicial land should accrue entirely to her heirs.
declaration of nullity of his marriage to Nicdao is not - There is also one property acquired by both
obtained before obtaining said marriage to Yee. In Pacita and Romualdo after Amanda’s death in
this property regime the properties acquired by the 1963. This must be governed by rules on co-
parties through their actual joint contribution ownership pursuant to Article 144 CC. Hence,
shall belong to the co-ownership, however wages, half of it should pertain to Pacita’s heirs and the
salaries earned by each party is regarded as other half, to Romualdo’s.
his exclusive property; it follows therefore that - The rest of the properties registered in
since these benefits were accrued by the deceased Romualdo’s name were also acquired after
through his contributions to these agencies while he Amanda’s death, and therefore pursuant to
was serving as a policeman then these benefits Article 144 CC, half of it should pertain to
exclusively belong to him—unless respondent Yee Pacita’s heirs, the other half, to Romualdo’s.
gives proof to the contrary and thus she claim these
said benefits. SAGUID v CA (2003)
403 SCRA 678
RIVERA v HEIRS OF VILLANUEVA (2006) - Gina was then 17 years old and legally married,
496 SCRA 135 when she met Jacinto. Since she was separated
- 1913 or 1914, Romualdo Villanueva ♥ Amanda in fact from her husband, she cohabited with
Musngi Jacinto. They lived in the house built on the lot of
- Amanda died on April 20, 1963. While Jacinto’s father.
Romualdo’s marriage with Amanda was still - Jacinto worked as a patron of their fishing vessel.
subsisting, he cohabited with Pacita Gonzales Gina first worked as a fish dealer (in
and both lived as husband and wife without the Marinduque), then as an entertainer in Japan.
benefit of marriage from 1927 to 1963. After 9 years, the couple decided to separate.
- In the course of their cohabitation, Pacita and - Gina asks that she be declared the sole owner of
Romualdo acquired several properties. the personal properties (appliances, furniture),
which she purchased with her income as fish
ISSUE: WON the real properties acquired by Pacita dealer during their cohabitation, and that 70,000
and Romualdo were equally owned by them – be reimbursed to her as her share in the
Depends on the date of acquisition (relative to construction of their house. The latter’s funding
Amanda’s death) and proof of Pacita’s contribution being fruits of her income as an entertainer.
- Jacinto, on the other hand, claims that the
HELD: petitioner had no share in the construction of the
- Because the cohabitation of Pacita and house and that she couldn’t have bought the
Romualdo from 1927 to 1963 was adulterous, mentioned personal properties as selling fish
their property relations during those 36 years was just a pastime for her. It was resolved that
were not governed by Article 144 CC, which both parties contributed to their joint
applies only if the couple living together is not in account (from which the funds for acquiring
any way incapacitated from getting married. said properties came from), but there is no
sufficient proof of their respective shares.
- According to the doctrine laid down by Juaniza v.
Jose, no co-ownership exists between ISSUE: WON the properties in dispute shall be
parties to an adulterous relationship. adjudicated in favor of Gina alone - NO
- In Agapay v. Palang, Court expounded this
doctrine by declaring that in such a relationship, HELD: Gina is not legally capacitated to marry, but
it is necessary for each of the partners to prove she nonetheless cohabited with Jacinto. As such, Art
his or her actual contribution to the acquisition 148 of the FC shall apply to the properties acquired
of property in order to be able to lay claim to any during their cohabitation. Their share in the common
portion of it. property shall be determined by the each of the
- Presumption of co-ownership and equal parties’ “actual” contribution. Therefore, since the
contribution do not apply. Here, the records show receipt presented as evidence only stated P11,413
only four properties acquired by Pacita and was spent for the purchase of construction materials,
Romualdo between 1927 and 1963 which they then this is amount which shall be given to Gina.
registered in both their names. With regard to the personal properties, since there is
- The records are devoid of any evidence that an absence of proof, it is presumed that Gina and
Pacita contributed anything to the acquisition of Jacinto’s actual contributions are of equal
these properties. None of these four parcels amount. The amount of P111,375, said amount
should accrue to the petitioners. shall be divided equally. Thus entitling Gina to a
- There is only one parcel of land that is registered reimbursement of P55,687.50 as her share.
solely in Pacita’s name. Because Romualdo
never actually challenged the validity of the SAN LUIS v SAN LUIS-SAGALONGOS (2007)
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FC, Art 149 The family, being the foundation of the nation, is a basic
Thesocial institution
education of thewhich public
person policy
entitled cherishes
to be andreferred to in the
supported
protects. Consequently, family relations are governed by law training for some professional, trade or vocation, even beyond age of
the family shall be recognized or given effect. going to and from school, or to and from place of work.
It is only the external aspect of family relations * CC didn’t include transportation, but FC did
that is governed by law because it is possible for one to save up on other
expenses like food and clothing but not on
1. Internal aspect transportation expenses, especially if the place is not
- sacred to the family and inaccessible to law reachable by walking.
- E.g. spiritual relations, sexual relations of the
spouses, career or profession that parents * Full extent means “indispensable” and “financial
should choose for their children, practice or capacity”. This phrase is also seen in the two
customs in the domestic life, distribution of succeeding provisions for support of family members
children’s inheritance (although law provides and illegitimate brothers and sisters.
for equal legitimes of children)
- BASIS: law must respect the freedom of action * “Even beyond age of majority”
of man within his spheres
2. External aspect
- BASIS: it is only here that third persons and
public interest are concerned
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FC, Art 195 Obligation to support each other to the whole extentFC, Art 199 Whenever two or more persons are obliged to give s
1. spouses persons in this order:
2. legitimate ascendants and descendants 1. spouse
3. parents and their legitimate children and the legitimate 2. and descendants
illegitimate in
children
nearest of
degree
the latter
(grandchildren) 3. ascendants in nearest degree
4. parents and their illegitimate children and the legitimate4. or brothers
illegitimate
and sisters
children of the latter
(grandchildren)
5. legitimate brothers and sisters, whether full or half-blood
FC, Art 200 When the obligation to give support falls upon two or mo
between them in proportion to the resources of each.
* Rule on support is different from rule on
inheritance In case of urgent need and by special circumstances, judge may order
to his right to claim from the other obligors the share due from them.
FC, Art 196 Brothers and sisters, not legitimately related, whether full or half-blood
If two
each other to the full extent EXCEPT only when the need for support ofrecipients claim
the brother support at the same time from one obligor, follo
or sister,
imputable to the claimant’s fault or negligence. child will be preferred.
* The spouse has better opportunity to look for other
* The exception does not apply to legitimate siblings means to support him/herself than the child.
so in a nutshell, if you have a lazy and irresponsible
brother, he can lawfully ask for your support which FC, Art 201 Proportion of support stipulated in Art 195 and Art 196: re
you are obliged to give.
FC, Art 202 Support may be increased or reduced according to the red
FC, Art 197 For the support of legitimate ascendants by: of obligor.
(1) descendants, legit/illegitimate; and
(2) brothers and sisters, legit/illegitimate
FC, Art 203 The obligation to give support shall be demandable from
needs it for maintenance, but is payable only upon demand.
- only separate property of person obliged to give support shall be answerable
- in default of separate property, ACP and CPG will advance support,
liquidation
* No obligation to pay arrears in support. Support is
not retroactive. It is no longer indispensable since
one has survived even without the support (although
What properties are liable for the support of refer to Art 206 and 208). In other words, no
the following relatives? reimbursement can be done with support.
FC, Art 207 When the person obliged to support another unjustlyCC, refuses
Art 305
or fails
Duty to
andgive
right
support
to make funeral arrangement shall be i
by the latter, any third person may furnish support to the needy individual,
support. In case of descendants of the same degree, or of brothers
obliged to give support. This Article shall apply particularly when case
the father
of ascendants,
or motherthe
of paternal
a child under
shallthe
have
age
better
of majority
right.
unjustly refuses to support or fails to give support to the child when urgently needed.
FC, Art 151 No suit between members of the same family shall HELD:
prosperBrothers-in-law are from
unless it should appear not members of the
the verified complaint
or petition that earnest efforts toward a compromise have beensamemade
family as enumerated in Art 150. No
no such efforts were in fact made, the case must be dismissed earnest efforts toward a compromise are needed.
This rule shall not apply to cases which may not be the subject of compromise
HONTIVEROS under
v RTC CC
(1999)
309 SCRA 340
*CC, Art 2035 – uncompromisable matters: - Spouses Agusto and Maria Hontiveros filed a
a) civil status of persons (e.g. paternity and complaint for damages in their land registration
filiation) against Agustos’s brother Gregorio and the
b) validity of a marriage or legal separation latter’s wife, Teodora Ayson.
c) any ground for legal separation - Teodora and Gregorio denied they are married.
- RTC: dismissed case because it did verify as
d) future support required by Art 151 FC and therefore it did not
e) future legitime believe that earnest efforts had been made to
f) jurisdiction of courts arrive at a compromise.
”…because it is difficult to imagine a sadder and HELD: Whenever a stranger is party to a case,
more Art 151 will not apply. Maria, a sister-in-law of
tragic spectacle than a litigation between Gregorio is considered a stranger since the law does
members of the same family.” not consider in-laws as members of the same family.
Teodora, is also a stranger to Augusto. Remanded to
MENDOZA v CA (1967) RTC for further proceedings.
19 SCRA 756
- Luisa de la Rosa Mendoza (private resp)
instituted the case against her husband Cecilio B. The Family Home
(plaintiff)
- When husband departed to US to further his FC, Art 152 The family home, constituted jointly by the husband an
medical studies and profession, he did not the dwelling house where they and their family reside and the land on
provide his pregnant and sickly wife with
maintenance and support
- Wife filed action but husband moves for its - Unmarried head can mean live-in partners,
dismissal on the grounds no efforts to eldest sibling/child or widow
compromise were made - Cannot be a family home if you do not own the
land it is situated on
HELD: No valid compromise can be made with
matters regarding future support.
- Beneficiaries cannot constitute his own
family home; otherwise they can migrate from
MENDEZ v BIONSON & EUGENIA (1977) one place to another and have lots of family
80 SCRA 82 home to the prejudice of creditors
- Mendez and 11 others argue that the court erred in - There should be actual occupancy. It does not
dismissing their complaint against the Bionsons for matter if a portion of the house is devoted for
lack of earnest efforts being exerted by the parties commercial purposes as long as the family
to arrive at an amicable settlement before the action resides on it.
was instituted, the parties being members of the
same family. FC, Art 153 The family home is deemed constituted on a house and lo
From the time of its constitution and so long as any of its bene
HELD: The litigants are not family members continues to be such and is exempt from execution, forced sale or
within the contemplation of the law. The parties extent of the value allowed by the law.
are collateral relatives who are not brothers
and sisters. Only members of the same family are
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* Difference between CC and FC rules on FC, Art 160 When a creditor whose claim is not among those me
constitution of family home: CC requires judicial and has reasonable grounds to believe that the family home is actual
declaration (done by filing a petition and with the apply to court for an order directing the sale of the property under e
approval of the proper court) OR extrajudicial (done actual value of the family home exceeds the maximum am
recording of a public instrument in the proper constitution. If the increased actual value exceeds the maximum all
registry) for the constitution of a family home. But no improvements introduced by the person/s constituting the family hom
one does that, so the FC makes the constitution beneficiaries, the same rule and procedure shall apply.
of a family home automatic. At the execution sale, no bid below the value allowed for the family hom
1 be applied first to the amount mentioned in Art 157
FC, Art 154 The beneficiaries of a family home: 2 then to liabilities under the judgment and costs (A155)
1. husband & wife or an unmarried head of family 3 delivered to the judgment debtor
2. parents, ascendants, descendants, brothers and sisters, illegitimate or legitimate, who
are: * Judgment debtor is not a preferred debtor like in
a. living in the family home Art 155
b. depend upon the head of the family for legal
* Ma’am Beth does not think it’s a wise move for
creditors to go after the family home because he
- All three requirements (family relations, actual
puts his debtor in a more financially precarious
residence and dependence for legal support)
situation and the creditor is not a priority.
must be present to become a beneficiary
- So if the wife dies, the mother-in-law becomes a
stranger to the husband and is no longer FC, Art 161 For the purposes of availing of the benefits of a famil
considered as beneficiary of the family home. constitute, or be the beneficiary of only one family home.
FC, Art 155 The family home shall be exempt from execution, forced FC, Artsale, or attachment
162 The provisions of this Chapter shall also govern existing
1. non-payment of taxes applicable.
2. debts incurred prior to the constitution of the family home
3. debts secured by mortgages on the premises before or after such constitution
4. debts due to laborers, mechanics, architects, builders, materialmen and others who have rendered service or furnished
material for the construction of the building
FC, Art 156 Family home must be part of the ACP or CPG or of the exclusive properties either spouse with consent. It may
also be constituted by an unmarried head of the family on his or her own property.
Subject of conditional sale on installments: where ownership is reserved by the vendor only to guarantee payment of the
purchase price, it may be constituted as a family home.
FC, Art 157 The actual value of family home shall not exceed
municipalities) and P200,000 in rural, as may fixed by law.
FC, Art 158 It may be sold, alienated, donated, assigned or encumbered by the owner/s with the
person constituting the same, the latter’s spouse and majority of beneficiaries of legal age
FC, Art 159 Family home shall continue despite the death of one or both spouses
family for a period of 10 years or for as long as there is a minor beneficiary
a compelling reason. Rule shall regardless of whoever owns the property or constituted the family home.
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HELD: NO.
- The plaintiff misinterpreted Art 162 of the FC
which provides that “all existing family
residences at the time of the effectivity of FC are
considered family homes and entitled to benefits
of a family home” to be retroactive. Art 152
and Art 153 cannot be applied
retroactively.
- Art. 152, which pertains to the automatic
constitution of family home by mere actual
occupation, cannot be invoked by the plaintiff.
- Also, the debt or liability which was the basis of
the judgment arose or was incurred at the time
of the vehicular accident on March 16, 1976 and
the money judgment arising therefrom was
rendered by the appellate court on January 29,
1988. Both preceded the effectivity of the
FC on August 3, 1988.
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receipts of payments made by the father. exclusive properties and stayed there for 20 years,
Unsubstantial claim of mother’s lack of source of by operation of FC Art 153 the house is
income because she was able to borrow from Banco automatically constituted as family home. FC
Filipino. Mother never alleged that said property Art 152 extends the scope of family home not
was conjugal and was the family home, she only only to the dwelling structure but also on the
wanted reduction of accrued interests. lot on which it stands. Petitioners and
respondents should not touch the house until 10
PATRICIO v DARIO III (2006) years has lapsed (2013). All other lands outside the
507 SCRA 438 family home are subject to immediate partition
- Marcelino Dario died intestate. He survived his through public auction.
wife Perla (petitioner) and two sons Marcelino
Marc and Marcelino III (respondent) who
extrajudicially settled the estate of their father.
- Marc wants to partition the property and
terminate co-ownership.
- RTC ordered the partition: 1/6 to Marc and
Marcelino III then 4/6 to Perla
- CA family home should continue despite the
death of one or both spouses as long as there is
a minor beneficiary
- Marcelino III has a minor son named Marcelino
Lorenzo Dario IV who is a grandson of Marcelino
and Perla, hence, a minor beneficiary of the
family home
ISSUE:
WON a family home can be partition at the death of
the head of the household notwithstanding the
presence of a minor beneficiary (Art 154 and 159)
AND FILIATION
HELD: No. No cogent proof that Lucio and Marcelina
were not married, so the presumption of marriage
shall prevail. There was no legal impediment for
Perido to marry at the time of the birth of his eldest
child by his second marriage. Perido’s first wife died
A. Legitimate Children long before.
does not impugn the legitimacy of the child, then the SSS v AGUAS (2006)
status of the child is fixed and the child cannot 483 SCRA 383
choose to be the child of his mother’s alleged - Pablo Aguas died so his wife Rosanna Aguas
paramour. claims death benefits from SSS, stating as minor
beneficiary their daughter Jeylnn.
- Leticia Macapinlac, Pablo’s sister, objected to
Rosanna’s claim alleging that:
a. Rosanna abandoned their family 6 yrs
before
b. Pablo had no legal children with Rosanna
c. Rosanna had several children with a
certain Romeo dela Peña
- SSS suspended the pension benefits Rosanna
and Jeylnn were receiving
- SSS, upon investigation, concluded that:
a. Pablo had no legal children with Rosanna &
Jenelyn (Jeylnn) were Rosanna’s children
with Romeo
b. Rosanna abandoned her husband more
than six years before and lived with Romeo
while pregnant with Jenelyn (Jeylnn)
c. Pablo was not capable of having a child
with Rosanna as he was under treatment
- SSS refused to resume pension benefits and
ordered refunds from Rosanna
- Rosanna filed claim for restoration of pension
benefits at the Social Security Commission (SSC)
- Rosanna added Janet Aguas to the petition for
claims
- SSC summoned several people for clarificatory
questions regarding the case. Further
investigation, it upheld the order to suspend
Rosanna’s pension and have her refund the paid
benefits due to their conclusion that Rosanna
married Romeo during the subsistence of her
marriage with Pablo, and that Jeylnn was her
daughter with Romeo
- CA reversed the SSC decision and ordered
resumption of Rosanna’s pension benefits
HELD:
YES to Jeylnn
Only Jeylnn has sufficiently established her right
to a monthly pension. As proved by the
photocopy of her birth certificate which bears
the certified signature of Pablo and was certified
by the civil registrar, she was born during
Rosanna and Pablo’s marriage. Art 164
provides that children conceived or born
during the marriage of the parents are
legitimate.
In the absence of proof to establish
impossibility of access between the
spouses during the first 120 days of the
300 days which immediately precedes the birth
of the child, the presumption of legitimacy
shall subsist and is conclusive. Doctor only
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treated Pablo for tuberculosis, he cannot say if - After the birth of the child, the Whiteheads
he was infertile. wished not to go through the surrogacy contract.
Impugning the legitimacy of a child is a strictly - The Sterns filed a complaint for possession and
personal right of the husband or, in exceptional ultimate custody of the child.
cases, his heirs. - Lower court granted the Sterns custody and
ordered termination of Whitehead’s maternal
NO to Janet rights
Janet’s date of birth was not substantially proven - Whiteheads immediately fled to different places
Civil registrar did not certify the presented birth to evade the surrendering Baby M for custody
certificate of Janet which could have proved that and named her Sara Elizabeth Whitehead
Janet was born during the subsistence of
Rosanna’s marriage with Pablo ISSUE: WON the surrogacy contract was enforceable
and valid
NO to Rosanna
Rosanna passed the first qualifying factor for HELD: No. The contract was in direct conflict with
claims, that she is the legitimate spouse existing statutes and public policies regarding 1)
involvement of money in connection with adoption
Rosanna did not pass the second qualifying
(tantamount to baby-selling) 2) laws requiring proof
factor, that she was dependent on Pablo for
of parental unfitness or abandonment before
support since they were separated in fact
termination of parental rights is ordered or adoption
is granted and 3) making surrender of custody and
consent to adoption revocable in private placement
b. BIOLOGICAL – ASSISTED adoptions. Secondly, although the custody was
REPRODUCTIVE TECHNOLOGY properly granted to the father since evidence clearly
proved it to be in the best interest of the child, the
ARTIFICIAL INSEMINATION is the impregnation of a termination of maternal rights and visitation rights is
female with the semen from male without sexual contrary to law.
intercourse.
- Even without the initial consent, the child *M stands for Melissa. Wiki tells us that Melissa Stern
can still be legitimated so long as the formally terminated Whitehead's parental rights and
husband subsequently gives his consent formalized Elizabeth Stern's maternity through
BEFORE the child is born through AI adoption proceedings.
- Can be homologous (sperm of the husband),
heterologous (sperm of a donor) or JOHNSON v CALVERT (1993)
combined (a combination of the two) 851 P.2d 776
- That the child was born of AI is not reflected - Mark and Crispina was a married couple.
in the birth certificate Crispina had to undergo hysterectomy so she
couldn’t bear children anymore. The couple
A child can have as much as five parents: considered surrogacy. By a common friend, they
FATHER MOTHER were able to meet such person by the name of
1. Biological (source of 1. Legal/social Anna Johnson who was a nurse.
sperm) 2. Genetic (egg donor) - They entered into a contract wherein:
2. Legal/Social 3. Gestational (not o Anna would be implanted with an embryo
surrogate) containing the sperm and egg cells of the
couple.
*Ma’am Beth hates the word “surrogate” because it o Anna will turn over all rights over the child.
is a misnomer. o Couple will pay 10,000 in installments.
o Couple will pay 200,000 life insurance for
IN RE BABY M. (1988) Anna.
109 N.J. 396 o Relations deteriorated between the couple
- Mary Beth Whitehead agreed for a fee of and Anna.
$10,000 to be artificially inseminated with the - Blood tests show that Anna IS NOT the genetic
semen of another woman’s husband (William mother.
Stern), to carry the child so conceived to term, - TC ruled: Couple was the “genetic, biological,
and after its birth, to surrender it to the natural and natural” parents.
father and his wife Surrogacy contract means - CA affirmed.
absolute termination of parental ties to the
gestational mother upon birth ISSUE: WON Anna can claim custody of the child
- Elizabeth Stern was not infertile, like was was
stated in the contract, rather she had multiple HELD: NO. Since both parties gave acceptable proof
sclerosis which may have serious implication on of maternity: Anna as the gestational mother.
her pregnancy Crispina is the genetic mother. The case will be
decided on the parties’ intention or from whom the
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HELD: YES. The Domestic Relations Law requires *Biological reasons pertain to blood typing and DNA
consent of both ‘parents’ over the adoption of a child testing
born in wedlock. The dispensary circumstances
(abandonment, divorce due to adultery, insanity,
Mother’s blood type
etc.) were not present in the case. The term ‘father’ BLOOD TYPE
is not limited to the biological or natural father, for O A B AB
what is considered is the legal relationship of father O O O, A O, B A, B
and child and vice versa. The child cannot be A O, A O, A
O, A, B,
A, B, AB
considered illegitimate since it was born during the Father’s AB
marriage and not in circumstances of infidelity since blood type O, A, B,
B O, B O, B A, B, AB
it was a medically-assisted procedure where the AB
husband and wife freely consented. AB A, B A, B, AB A, B, AB A, B, AB
LEGAL ISSUES IN HUMAN EGG DONATION AND Blood typing is conclusive only in non-paternity,
GESTATIONAL SURROGACY wherein a child’s blood type is not a possible product
- Is it possible to ask a woman to carry a child in of the blood types of the mother and the alleged
her womb for nine months without giving father. In regard to confirming paternal ties, it can
anything in return? Unless you can find only go as far as saying that a man is a possible
someone whose hobby is to get pregnant and father.
give birth, it is quite an impossibility to have
free surrogacy. This is vulnerable to abuse of *Ma’am Beth’s friends from UP Med thinks that the
women in lower social economic classes. law that only fathers can impugn legitimacy despite
- Ma’am Beth tells about the travails of scientific proof that he is not the father, is dumb. The
pregnancy and even asked a pregnant student law should do away with its presumptions if there is
in the class to share her prenatal experiences. convincing proof to overturn it! Everybody knows
- What would be the relationship if a woman what happened, but law is not about truth but what
carries the embryo formed by her daughter can be proven.
and her daughter’s husband? This was an
actual case in an African country wherein the Why is it all about “paternity” and not
grandmother bore the child of her daughter. “maternity”? Because mothers are with their
babies since birth. Fathers are essentially
unattached to their child, so there’s a lot of room for
doubts. There is no maternity because who will know
better than the woman if a child is not hers.
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present to show that sexual intercourse between - the child is registered in other municipalities
them was impossible. In fact, the wife continuously - the child is given other names
visits her four children in her mother’s house where
her husband also stays. Only the husband can *Only the husband can contest the legitimacy of a
impugn the legitimacy of the child. child born to his wife. It is only in exceptional cases
that his heirs are allowed to contest such legitimacy.
FC, Art 168 If the marriage is terminated and the mother contractedIf the husband
another clearly
marriagedidn’t
withinmake use of
300 days such
after right
such
orcontrary:
termination, these rules shall govern in the absence of proof to the has desisted from such intention, the heirs cannot
bring the action.
1. Born before 180 days after solemnization of the subsequent marriage is considered to have been conceived
during the former marriage, provided it be born within 300 days after the termination of the former marriage.
FC, Art 171 When can heirs of the husband may impugn the filiation o
2. A child born after 180 days following the celebration of the subsequent marriage is considered to have been
1. if the husband should die before the expiration of the period fi
conceived during such marriage, even though it be born within the 300 days after the termination of the former
action
marriage.
2. if he should die after the filing of the complaint, without having d
3. if the child was born after the death of the husband
Illustration:
1st 2nd
300 days
CABATBAT-LIM v IAC (1988)
166 SCRA 451
- Dra. Esperanza Frianeza-Cabatbat’s estate is
Terminatio 2nd 180 days fought over by her sisters and the children of her
n marriage deceased brothers and her allegedly only child
So in a nutshell, the critical point is the 180 days with Proceso Cabatbat, Violeta Cabatbat-Lim
after the subsequent marriage. (petitioner)
- RTC: Violeta is not the offspring and hence, not
the legal heir
FC, Art 169 The legitimacy or illegitimacy of a child born after 300
- days following the
Esperanza’s termination
brothers andof the marriage
sisters shall be
allege that
proved by whoever alleges such legitimacy or illegitimacy. Violeta was merely a ward (ampun-ampunan),
and neither a natural child nor legally adopted so
* State of Limbo, wherein the child is statusless she is not a legitimate heir entitled to own
Calasiao Bihon Factory
FC, Art 170 When to bring the action to impugn the legitimacy of the child:
Evidence by Proofs by Petitioner
WITHIN: Respondents
I. NO CONCEALMENT 1. absence of any 1. birth record stating
1 year from knowledge of birth or recording in the civil register - if husband, orrecord
hospital any of his heirs reside in the
that shesame
is theplace
where the birth took place regarding legitimate child of
2 years Not the same place but within the Philippines
Esperanza’s giving Proceso and
3 years Abroad
birth Esperanza
II. CONCEALED OR UNKNOWN TO HUSBAND OR HEIRS: period for filling 2. absence of Violeta’s
of action shall be counted2.from
testimony
discoveryof
or Proceso
knowledge
of the birth of the child OR of the fact of registration of said birth birth certificate in that she is his child
Pangasinan 3. testimony of Benita
Provincial Hospital Lastimosa (alleged
*Legitimacy of a child must be attacked in a direct
3. certificate from the bio mother) that she
action, not collaterally.
Civil Registry of the is not her child
absence of Violeta’s 4. marriage contract
Why did the law impose a time limit to impugn
birth record where Esperanza
legitimacy of the child? Because it is in the best
4. certificate of was the mother
interest of the child to avoid putting his/her status in
Principal that 5. Deed of Sale when
a state of uncertainty for a long time.
Proceso and Violeta was still a
Esperanza are minor and
*Ma’am Beth gave a sample situation, when to start
registered only as represented by her
computing
guardians and not mother Esperanza
parents 6. Deed of Absolute
2 Jan 1988 birthday
5. testimony of the Sale where Proceso
3 Feb 1988 fact of registration
cousin of Violeta’s represented her as
4 Feb 1989 discovery of birth
biological mother father
-- This is vague to me. -_-
ISSUES:
What does it mean to be “unknown”?
- the child is registered as the child of other
persons
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1. WON TC and CA finding that Violeta is not 1. WON a change in the record of birth in a civil
born of Esperanza Cabatbat is concluding on registry, which affects the civil status of the
SC person, may be granted in summary
2. WON complaint is an action to impugn proceedings
legitimacy and Art 263 CC (action to impugn 2. WON Rule 108 of the Revised Rules of Court
legitimacy) can be applied is the proper action to impugn the legitimacy
of the child, or change filiation
HELD:
1. YES. The factual findings of the courts are HELD: No, only clerical mistakes can be made and
entitled to great respect. Moreover, the significant changes may only be granted in direct,
absence of a record of birth of petitioner adversarial action. The change sought will result not
Violeta in the Office of the CivReg General only in the substantial correction in the child’s record
puts a cloud on the genuiness of her birth of birth but also in the child’s status thereby
record. The records of the hospital show that affecting her rights which cannot be done in a
only one woman by the name of Benita summary action. Although “Maria Rosario” is the real
Lastimosa gave birth to an illegitimate child name of the mother, Sarah will become an
on the date of Violeta’ birth. illegitimate child by virtue of the change. Also,
2. NO. Because this is an action to claim adversarial proceedings are required in such
inheritance of the respondents as legal heirs allegations. Rule 108 may only be used to correct or
of their childless deceased aunt. They do not change clerical or innocuous errors.
claim that Violeta is an illegitimate child, but
that she is not a child at all. Also, Sarah and her purported parents should have
been parties to the proceedings. There is also no
CHUA KENG GIAP v IAC & CHUA LIAN KING sufficient legal explanation why the Gladys, without
(1988) appointment as guardian, was the petitioner.
166 SCRA 451
- Petitioner insists that he is the son of deceased Effects:
Sy Kao. As such, he filed a petition for the • Sarah’s successional and other rights may
settlement of the estate of the latter. change
- Private respondent moved to dismiss, due to lack • Illegitimacy may bring social stigma and
of action as well as petitioner’s capacity to file embarrass Sarah
such a case. It has been declared before that • Rights of her parents over her and over each
petitioner is not the son of Chua Bing guan and other will be affected
Sy Kao. • A change of name will affect mother and
- The latter flatly and unequivocally declared that creditors
she was not petitioner’s mother. Therefore he
had no lawful interest in the estate of Sy Kao. TAN v TROCIO (1990)
191 SCRA 764
ISSUE: WON Sy Kao is the mother of the petitioner - School owner and directress, Felicidad Barañan
Tan filed an administrative complaint seeking
HELD: No. Who better than Sy Kao herself would disbarment of Atty. Galileo Trcio for immorality
know if Chua Keng Giap was really her son? More and conduct unbecoming of a lawyer.
than anyone else, it was her who could say that - She alleged that Trocio, who is the legal counsel
petitioner was not begotten of her womb. of the school overpowered her inside the office
and against her will, succeeded in having carnal
REPUBLIC v LABRADOR (1999) knowledge of her. And as a result, she begot a
305 SCRA 438 son whom she named Jewel Tan. She further
- A child’s birth certificate lists her name as Sarah alleged that he used to support Jewel but
Zita Cañon Erasmo, and her parents Rosemarie subsequently lost interest and stopped.
Cañon married to Degoberto Erasmo. - She claimed she filed the complaint only after 8
- On March 1998, her aunt Gladys petitioned the years from the incident because Trocio
RTC Cebu to change Sarah’s surname to Cañon, threatened her with the deportation of her alien
dropping Erasmo, and the first name of her husband and due to the fact that she was
mother to Maria Rosario since her parents were married and has eight children.
not married. - Trocio files his answer stating that he was indeed
- Gladys said Sarah’s mother, her sister, lived a counsel of the school as well as of Tan and her
abroad with her foreigner husband. family but denies he sexually assaulted her. He
- The RTC granted the petition based on Rule 108 adds that the principal was a in a revenge trip
of the Rules of Court. The solicitor-general when he declined her request to commit a
appealed. “breach of trust”.
(and is thus a ground for Trocio’s disbarment for would even play with Sandra. Based on this it is not
immoral conduct) physically impossible for the accused to have access
to Sandra.
HELD: No. Disbarment complaint dismissed for Tumimpad argued that his conviction was
insufficiency of basis of the allegations. The alleged erroneously based on the medical finding that he
threat to deport her husband could not hold because and the victim have the same blood type “O”.
she admitted having lost contact with her husband In Jao vs. Court of Appeals it was held that
when he learned of the respondent’s transgression Paternity – Science has demonstrated that by the
that very same evening. The fear had thus become analysis of blood samples of the mother, the child
inexistent. She also maintained her transactions with and the alleged father, it can be established
Tan as if nothing had happened. Such actions can be conclusively that the man is not the father of a
construed as condonation of his alleged immoral act. particular child. But group blood testing cannot
Physical likeness and unusual closeness between show only a possibility that he is.
Trocio and Jewel is not conclusive proof of paternity,
much less violation of Tan’s person and honor. BENITEZ-BADUA v CA (1994)
Jewel was born during the wedlock of Tan and her 229 SCRA 468
husband as such, the presumption of legitimacy - Vicente Benitez & Isabel Chipongian owned
prevails. various properties. On April 25, 1982 Isabel died
& her estate was settled extra-judicially. ON Nov.
*What’s the big deal about naming the son Jewel? 13, 1989 Vicente died intestate.
For all we know, the name is pronounced as “Joel.” - Private respondents, Victoria Benitez-Lirio
*Why is there an expected reaction from sexually- (Vicente’s sister) & Feodor Benitez Aguilar
abused woman? Different people have different ways (Vicente’s nephew) filed a case in the RTC,
of reacting! praying for the issuance of letters of
*If she aborts it, she’s wrong. If she learns to love it, administration of Vicente’s estate in favor of
she wasn’t raped. There’s no option!!! Aguilar. They allege that Vicente is survived by
no other heirs or relatives. That the spouses
PEOPLE v TUMIMPAD (1994) were w/o issue & without descendants
235 SCRA 483 whatsoever and that Marissa Benitez Badua who
- Moreno L. Tumimpad and Constable Ruel C. was raised and cared for by the spouses was not
Prieto are charged with the crime of rape of related to them by blood nor legally adopted, &
Sandra Salcedo, a 15 years old, had a mind of a therefore not an heir. On Nov. 2, 1990 Marissa
five year old child. The accused are two of the opposed the petition stating that she was the
four security men assigned to the victim’s father. sole heir of Vicente.
- Sandra first complained of constipation but after - If Marissa was really a biological and legitimate
medical aid was sought, her condition did not daughter, there would be no need for
improve. However, upon seeing Tumimpad TC received evidence regarding the matter:
coming out from the kitchen she told her mother • Marissa tried to prove she was the legitimate
“Mama, patayin mo ‘yan, bastos”. The mother child of the spouses, presenting
became suspicious so she brought Sandra to the documentary evidence:
hospital where they found out that she was o Her certificate of live birth
pregnant. Nine months later, Sandra gave birtb o Baptismal certificate
to a baby boy who was named Jacob. o Income tax returns & information
- Sandra was able to pick the pictures of sheet for membership w/ GSIS of
Tumimpad and Prieto and in the police line-up Vicente, naming her his daughter
she pointed to the accused. o School records
- The accused moved that a blood test be o She also testified that they raised
conducted on the offended party, her child Jacob her as their legit daughter
and the two accused. The result of the test
• Private respondents presented testimonial
showed that Jacob has a type ‘O” blood, Sandra
evidence that the spouses failed to have a
type “B”, Prieto type “A” and Tumimpad type “O”.
child & that Isabel was referred to Dr.
- RTC convicted Tumimpad but acquitted Prieto.
Manahan (an ob-gyne) for treatment
The acquittal of Prieto was on reasonable doubt
TC ruled in favor of Marissa, relying on Art 166 and
stating that he has a different type of blood with
Art 170 FC. CA however reversed their decision
the child Jacob.
stating that Marissa is not the biological child of the
spouses and therefore not a legal heir. The CA also
ISSUE: WON it was impossible for Tumimpad to have
held that the TC erred in applying Art 166 and Art
committed the crime of rape because most of the
170 FC
time he and his co-accused were together with Col.
Salcedo.
ISSUES:
1. WON Art 164, 166, 170 & 171 FC is
HELD: No. It was proven that they were not always
applicable to the case, as the petitioner
with Col. Salcedo. There were instances that they
contends.
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2. WON Marissa is the biological child of the HELD: SC finds it unnecessary to determine the
spouses and therefore a legal heir. paternity of appellee Consolacion. As Father Lumain,
who died w/o any compulsory heir, Consolacion is
HELD: No. The following DO NOT contemplate a therefore his lawful heir as duly instituted in his will.
situation like the instant case, where a child is One who has no compulsory heirs may dispose by
alleged not to be the biological child of a certain will all of his estate or any part of it in favor of any
couple. These articles govern a situation where a person having capacity to succeed. Portion G and its
husband (or his heirs) denies as his own a child of improvement declared to be owned by Consolacion.
his wife. The CA correctly refused to apply these No award of moral damages to be given to Hipolito
articles to the case. Since this case doesn’t contend for Consolacion was acting in her belief that she was
that Marissa is not the child of Vicente by Isabel; but legal heir of the land. Judgment affirmed.
that she wasn’t born to the spouses. Cabatbat-Lim v
IAC is appropriate to the case. The totality of
contrary evidence presented by the respondents
sufficiently rebutted the truth of the content of B. Proof of Filiation
petitioner’s birth certificate.
chance a father can sign on the birth certificate is if RRC, Rule 130
he is the informant. Declaration against interest
Act or declaration about pedigree
ADMISSION IN A DOCUMENT Family reputation or tradition regarding pedigree
- A public document is one which is 1) issued by a Common reputation
public office and 2) private document that is Entries in official records
notarized Testimony or deposition at a former proceeding
Opinion of expert witness
- A typewritten document containing an admission Opinion of ordinary witnesses
of the legitimate filiation is not admissible, as
the signature therein may be super-imposed and
may not be the true signature of the parent CC, Art 220 In case of doubt, all presumptions favor the solidarity of t
- Also, for handwritten documents, the intent to toward the validity of marriage, the indissolubility of the marriage
recognize the child must be sufficiently property during marriage, the authority of parents over their children
apparent. family in case of unlawful aggression.
OPEN AND CONTINUOUS POSSESSION OF THE ****For cases under Proof of Filiation, focus on the
STATUS OF A LEGITIMATE CHILD pieces of evidence established in each case
- E.g. bearing the father’s surname, treatment by
the parents and of the family of the child as CONSTANTINO v MENDEZ (1992)
legitimate, constant attendance to the child’s 209 SCRA 18
support and education and giving the child the Amelia Constantino filed an action for
reputation of being the child of his parents acknowledgment, support of her child Michael, and
- BASIS: the admission of the parents themselves damages against Ivan Mendez, a married man.
and the concurrence therein of the family and of Mendez denied having sexual intercourse with
the society Constantino.
- Continuous = uninterrupted and consistent
o Tolentino: idea of possesory status of some HELD: Filiation was not proven by clear and
duration convincing evidence. The burden of proof to
o Sempio-Diy: no required particular length establish the allegation is on Constantino.
of time Constantino’s testimony as to when she had
o Pangalangan: distinguished from intercourse with Mendez is contradicted by evidence.
“continually” which allows for interruption The date was crucial to determine whether Michael
as long as it is in a regular basis, was conceived during the time Amelia and Ivan were
continuously may be translated to “walang having sexual relations. There was also no clear and
humpay” convincing proof that Amelia did not have any sexual
- Maybe enjoyed by a child conceived but not yet encounter with other men.
born
MENDOZA v MELIA (1966)
OTHER MEANS ALLOWED BY THE RULES OF COURT 17 SCRA 788
AND SPECIAL LAWS - Father versus son’s common law wife and her
A. Baptismal certificate: is a presumptive son
evidence only, especially when people often - Paciano Pareja owned lot No. 3390-B in
have different names in their birth certificate Sorsogon. He donated it to his son Gavino in
and baptismal 1939. Gavino during that time had been living
B. Judicial admission with his common-law spouse Catalina Mendoza,
C. Family bible where child’s name is entered: and their only son Rodolfo who was born in 1935.
As explained by Ma’am Beth, this is given - Gavino disappeared in 1943 and had not been
importance because a Bible is presumed to heard of since. Paciano Pareja sold the disputed
have been there for generations and is property to Temistocles Mella in 1948 who then
handed down to children. As the family told herein petitioners to vacate the said land in
grows, the names of the children are added 1952.
in the list. This is biased to Catholics though. - With the notice remaining unheeded, Mella filed
D. Common reputation respecting pedigree. and action in 1955. Petitioners claim ownership
E. Admission by silence of said land, claiming Rodolfo as the rightful
F. Testimonies of witnesses successor being the son of Gavino, and for
G. Other kinds of proofs admissible under Rule having adverse possession of the land for 10
130 of RRC years. Trial and appellate courts ruled for Mella,
hence this challenge by Catalina and Rodolfo.
- As to the issue of possession, petitioners invoke
Art. 390 of Civil Code but the respondent argued
that this was never raised in the trial court nor
the appellate court thus could not be considered
at the SC.
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- With the issue of Rodolfo as successor, he implied trust. His mother gave him a little money
showed a coy of his birth certificate. to complete the purchase price.
MARIATEGUI v CA (1992)
205 SCRA 675
Faustina Bibiano Pedro ♥ Dolores
Lupo Mariategui during his lifetime contracted three
♥ marriages with three different women and sired
three sets of children.
First: with Eusebia Montellano, 4 kids
- Baldomera: died, survived by kids surnamed
Espina
Trinidad, niece of Raymund
Faustina ♥ o - Maria del Rosario
- Urbana
PETITIONER’S C O U R T - Ireneo: died, left a son, Ruperto
EVIDENCE S A Y S Second: with Flaviana Montellano, one daughter,
CC 278 provides for “authentic Cresciana
handwriting” which is a private Third: with Felipa Velasco, 3 kids: Jacinto, Julian,
document thus acknowledgement Paulina
Handwritten note of the child in such instrument
alledgedly written by should not be incidental but He died intestate and the children from his 1st and
Bibiano to the 18 yo explicit. The complimentary ending 2nd marriages excluded the children from the 3rd
Raymundo with a might be due to the close relations marriage in the extra-judicial partition of Lupo’s
complimentary Raymundo enjoyed with his
properties.
ending “su padre” uncle/guardian Bibiano; there is no
clear expression of
acknowledgement of filiation. ISSUES:
Paternal solicitude ≠ paternity 1. WON prescription barred private respondents’
Bibiano signed these documents as right to demand partition of Lupo’s estate.
guardian of Raymundo while he is
2. WON the private respondents, who belatedly
School records, growing up since the latter spent
report cards, school for his education because Pedro filed the action for recognition, were able to
receipts for (the real father) is unable to prove their successional rights of over the
matriculation all support him; thus it is natural that estate.
signed and paid by Bibiano signs as the guardian even What is the nature of the complaint filed by the
Bibiano more so that Raymundo spent private respondents.
most his lifetime in Bibiano and
Fautina’s care
HELD: The children from the third marriage
Typewritten letters to
continuously possessed the status of legitimate
Atty. Faustino alleging
This typewritten evidence taken children. Filiation of legitimate children may be
his personal
into account the contradicting established by the record of birth appearing in the
circumstance; as well
testimony of Raymundo’s wife civil registrar, a final judgment or by the open and
as typewritten
Trinidad casts doubt to the
autobiography
authenticity of these “personal
continuous possession of the status of a legitimate
asserting that his child.
accounts” of Raymundo
father is a surgeon
Bibiano Bañas 1) WON prescription barred private respondents’
right to demand partition of Lupo’s estate.
RESPONDENT’S C O U R T Since they are legit kids and heirs of Lupo, the
EVIDENCE S A Y S time limitation prescribed in Art 258 for filing an
A public instrument action for recognition is inapplicable. Prescription
A sworn affidavit duly explicitly stating Pedro is the doesn’t run against private respondents w/ respect
notarized and executed by father of Raymundo is to the filing of the action for partition so long as the
Bibiano Banas declaring strong evidence that he heirs for whose benefit prescription is invoked,
that Raymundo Banas is his does not acknowledge or
haven’t expressly or impliedly repudiated the co-
brother, Pedro’s son have the intention thereof
that the latter is his son ownership. Prescription of an action for partition
A sworn JOINT affidavit duly If Raymundo really believed doesn’t lie except when the co-ownership is properly
notarized and executed by that he is indeed the son of repudiated by the co-owner.
Raymundo and Pedro Banas Bibiano he could not have A co-owner can’t acquire by prescription the
correcting an error made on consented to executing such share of the other co-owner absent a clear
the marriage certificate of declaration; Trinidad’s repudiation of co-ownership duly communicated to
the former changing the contention of the document the other co-owners.
father of Raymundo from was contradictory and
Also, an action to demand partition is
“Bibiano” to “Pedro” therefore set aside.
imprescriptible & can’t be barred by laches. It is at
once an action for declaration of co-ownership & for
*Ma’am Beth does not buy the interpretation of “Your
segregation & conveyance of a certain property.
Father” as a reference term for an uncle.
No valid repudiation was made by the
petitioners. Assuming the petitioner’s registration of
UYGUANGCO v CA – See Illegitimate Filiation
the subject lot was an act of repudiation of co-
ownership, prescription hasn’t set in when private
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respondents filed in 1973 the present action for - MTC recommended that the complaint be
partition. The registration didn’t operate as a valid dismissed for failure to adduce adequate
repudiation of the co-ownership. evidence to show that respondent is guilty of the
SC stated that “prescription, as a mode of charge
terminating a relation of co-ownership, must have - Memorandum by the Office of the Court
been preceded by repudiation w/c subject to certain Administrator disagreeing with the
conditions: recommendation of the Investigating Judge that
1) a co-owner repudiates the co-ownership the case should be dismissed, recommends that
2) such an act of repudiation is clearly made respondent be held guilty of immorality and that
known to the other co-owners he be suspended from office for a period of one
3) the evidence thereon is clear & conclusive (1) year without pay.
4) he has been in possession thru open,
continuous, exclusive & notorious ISSUE: WON Arquero can be suspended due to
possession of the prop for a period immorality.
required by law
Inasmuch as petitioners registered the prop in RATIO: Yes.
their names in fraud of their co-heirs, prescription - The entry of respondent’s name as father in the
can only be deemed to have commenced from the baptismal certificate of Desiree May I. Arquero
time private respondents discovered the petitioner’s cannot be used to prove her filiation and,
act of defraudation. And this action was commenced therefore, cannot be availed of to imply that
2 months after learning petitioners had registered in respondent maintained illicit relations with Dedje
their names the lots involved to the prejudice of Irader Acebedo.
private respondents. - A baptismal certificate merely attests to the fact
which gave rise to its issue, and the date
2) WON the private respondents, were able to prove thereof, to wit, the fact of the administration of
their successional rights over the estate. YES the sacrament on the date stated, but not the
FC has to apply since it is effective already. And truth of the statements therein as to the
under Art 172, filiation of legit kids may be parentage of the child baptized.
established by the record of birth appearing in the - Arquero admitted that he had an illicit
civil register or a final judgment or by the open & relationship with the wife of the complainant
continuous possession of the status of a legit kid.
Evidence proves the private respondents legit - Arquero justified his pursuing a relationship with
filiation. Jacinto’s birth cert was presented. Though complainant’s wife with the spouses having
Julian and Paulina didn’t present evidence required previously entered into a settlement with respect
by Art 172, they continuously enjoyed the status as to their marriage which was embodied in a
kids of Lupo in the same manner as Jacinto. And for a “Kasunduan”.
considerable length of time & despite the death of - This justification fails because Arquero, being an
their mom, they lived with Lupo until his death. employee of the judiciary, knows that the
Kasunduan has no force and effect because
ACEBEDO v ARQUERO (2003) Article 1 of the FC provides: marriage is “an
399 SCRA 10 inviolable social institution whose nature,
consequences, and incidents are governed by
- Edwin Acebedo charged Eddie Arquero for law and not subject to stipulation.” It is an
immorality in an administrative complaint. He institution of public order or policy, governed by
alleged that his wife, Dedje Irader Acebedo and rules established by law which cannot be made
respondent unlawfully cohabited as husband and inoperative by the stipulation of the parties.
wife as a result of which a girl, Desiree May - RA 6713, otherwise known as the Code of
Irader Arquero, was born to the two. Conduct and Ethical Standards for Public Officials
- Attached was the birth certificate of the girl and Employees, enunciates the State’s policy of
indicating her parents to be Arquero and Dedjoe. promoting a high standard of ethics and utmost
He also presented a copy of their marriage responsibility in the public service
contract. - Although every office in the government service
- Arquero vehemently denied the charge of is a public trust, no position exacts a greater
immorality, claiming that it is “just a mere demand for moral righteousness and uprightness
harassment and a product of complainant’s from an individual than in the judiciary.
hatred and extreme jealousy to his wife.” He - Arguero’s act of having illicit relations with the
presented a sworn statement wherein Edwin complainant’s wife is a disgraceful and immoral
Acebedo (complainant) acknowledged paternity conduct.
of a child born out of wedlock, which documents, - Under Rule IV, Section 52A (15) of the Revised
respondent claims, support his contention that Uniform Rules on Administrative Cases in the
the complaint filed against him is but a malicious Civil Service, an immoral conduct is classified as
scheme concocted by complainant to harass a grave offense which calls for a penalty of
him. He also said that the complainant was suspension for six (6) months and one (1) day to
cohabiting with another woman.
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one (1) year for the first offense, and dismissal is FC, Art 173 The action to claim legitimacy may be brought by
imposed for the second offense. Since it is his transmitted to the heirs should the child die during the minor
first offense, his suspension for six (6) months heirs shall have a period of five years within which to institute a
and one (1) day is in order.
The action already commenced by the child shall survive notw
HERRERA v ALBA (2005) parties.
460 SCRA 197
- Armi Alba instituted an action for support,
damages and compulsory recognition against The right of a child to claim legitimacy may only be
Rosendo Herrera on behalf of her 13 year old son transferred to the heirs under two cases and within 5
Rosendo Alba. years:
- Respondent requested for DNA testing to 1. if the child dies during minority
determine her son’s paternal relation to Herrera, 2. if the child dies in a state of insanity
which RTC granted.
- Herrera appealed assailing that compulsory DNA *The effect of legitimacy claim extends the
testing violates his constitutional right against successional rights
self-incrimination
- CA: right against self-incrimination applies only
to testimonial compulsion and affirmed the order 3. Rights of legitimate children
to DNA
ISSUE: WON DNA testing is a valid test for paternity FC, Art 174 Legitimate children shall have the right:
in this jurisdiction 1. to bear the surnames of the father and the mother,
surname
HELD: Yes. DNA testing has probative value in this 2. to receive support from their parents, their ascendants
jurisdiction owing to its growing accuracy in in conformity with the provisions of this Code on Suppo
establishing matches between a parent and an 3. to be entitled to the legitimate and other successional
offspring. However, it should take not of the
following things: *Ma’am Beth’s mnemonics: 3s - support, surname,
1. how the samples were collected and handled succession
2. the possibility of contamination of samples
3. the procedure followed in analyzing the *The child’s use of his/her father’ surname indicates
samples the family to which he/she belongs. Hence, it is
4. whether the proper standards and mandatory for the child to do so.
procedures were followed in conducting the
tests REPUBLIC v CA & VICENCIO (1998)
5. qualification of the analysts who conducted 300 SCRA 138
the test - Cynthia Vicencio was born on 19 January 1971 at
the Capitol Medical Center, Quezon City to
The policy of the FC to liberalize the rule on the spouses Pablo Castro Vicencio and Fe Esperanza
investigation of the paternity and filiation of children, de Vega Leabres.
especially legitimate children is without prejudice to - They lived in Meycauayan, Bulacan and Pablo
the right of the putative parent to claim his or her left the said abode on 10 January 1972 after a
own defenses. quarrel with Fe and from then on was never seen
or heard from. Neither was any support for his
family ever received from him.
FOUR SIGNIFICANT PROCEDURAL ASPECTS OF A - 29 June 1976, Fe Esperanza petitioned for the
TRADITIONAL PATERNITY dissolution of their conjugal partnership which
1. prima facie case – that the woman had was granted. On 11 July 1977 Fe petitioned to
sexual relation with the putative father drop the surname of her estranged husband, it
2. affirmative defense – show physical was approved. On 26 April 1986, Pablo was
incapability or sexual relations OR sexual judicially declared as an absentee.
relation with other men at the time of - Fe married Ernesto Yu on 15 April 1986, with
conception then Mandaluyong City Mayor Benjamin Abalos
3. presumption of legitimacy Sr. solemnizing the ceremony.
4. physical resemblance between father and - Cynthia grew up treating Yu as her father and Yu
child treated her as his own daughter. Confusion and
embarrassment was caused by her use of the
surname Vicencio when his stepfather is
2. Action to claim legitimacy surnamed Yu.
- She was made to use the surname Yu when she
joined two beauty pageants, where the use was
with the consent of her stepfather. – When
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C. Illegitimate Children
Generally, illegitimate children are those born of
parents who are not united by a valid marriage.
1. those conceived of parents who have no marriage of her parents nine years after her
legal impediment to marry at the time of the birth.
conception may be legitimated - Around four months after Pablo’s marriage to
2. all other illegitimate children Ana, Pablo died so she took possession of Pablo’s
estate and its administration,
- Pablo’s siblings objected and prayed for the
administration and succession rights be
1. Proof of filiation transferred to them alleging that Pablo died a
widower and that the allegation that Alicia was a
legitimated
FC, Art 175 Illegitimate children may establish their illegitimate filiation indaughter
the same is
waywithout
and onfoundation
the same in
evidence as legitimate children. (Art 172) fact and law.
- The lower court affirmed this conclusion and said
The action must be brought within the same period specifiedthat in Art Alicia’s evidences
173 (lifetime arechild,
of the insufficient, being
will not be
forged and incompetent
extinguished by death of either parties), except when the action is based on the second paragraph of Art
- There
172, in which case the action may be brought during the lifetime wasalleged
of the no document
parent. to show that petitioner
had been supported by the deceased in his
lifetime. There were neither receipts of payment
Why must the action be brought during the of school fees in the name of Pablo nor
lifetime of the putative parent in Par 2? Since signatures in school cards and letters to relatives
there might still be a question as to whether the or friends naming Maria Alicia as daughter.
child is really the illegitimate child of the alleged - The baptismal certificate and birth certificate do
parent or not, the latter must be given an not bear express acknowledgment of petitioner
opportunity to contest the action, and this he or she as a child of the deceased.
can only do if the action is filed during his or her - As proof of filiation, petitioner claimed that she
lifetime. was in the uninterrupted possession of the status
of a natural child of the decedent and her
Ma’am Beth asks: “How would illegitimate children mother.
know they are illegitimate if they have always been - CA affirmed the lower court’s findings
living with the family? The only time they’d learn ratiocinating that it is not unusual if Pablo looked
they do are not entitled to their parent’s estate is upon Maria as if she were his own daughter
when they die. Only Sempio-Diy knows that rule, because he had no child in his previous
mortals don’t!” marriage.
COMPARED WITH THE CC PROVISION ON PROVING ISSUE: WON Alicia is the legitimated daughter of
ILLEGITIMATE FILIATION: Art 285 provided for Pablo and Ana
exceptions in the prescription for recognition of
natural children, FC removed this provision in Par 2, HELD: No. CA decision was affirmed. The relief of
Art 175. (Uyguangco v CA) petitioner is that of involuntary recognition which
1. If the father or the mother died during the may be given if there is incontrovertible paper
minority of the child, in which case the latter written by the parent expressly recognizing his
may file the action before the expiration of paternity. The recognition must be precise, express
four years from the attainment of his and solemn. The photographs she presented likewise
majority. did not bear the decedent’s signature. She was also
2. If after the death of the father or of the not a legitimated daughter.
mother a document should appear of which
nothing had been heard and in which either UYGUANGCO v CA (1989)
or both parents recognize the child. 178 SCRA 684
In this case, the action must be commenced within 4 - Graciano Uyguangco claims that he is the
years from the finding of the document. illegitimate son of the late Apolinario Uyguangco
who died intestate. Graciano admits having no
HOW TO BRING ACTION TO CLAIM FILIATION documents to prove his filiation but claims to be
1. File a separate action in continuous possession of the status of an
2. Intervene in the settlement of estate of illegitimate child.
his/her alleged parent - He moved to Misamis Oriental where Apolinario
supported his education and even hired him as a
LEUTERIO v CA (1991) storekeeper in their store without objection of
197 SCRA 369 the family. He was allowed to use the surname
- Ma. Alicia Leuterio claims that she is the natural and shared in the profits of the copra business.
daughter of Pablo Leuterio and Ana Maglangque,
who was the servant of the former. ISSUE: WON he should be allowed to prove that he is
- Alicia claims that she was conceived at the time an illegitimate child of his claimed father, who is
when her parents were not disqualified to marry already dead, in the absence of the documentary
each other and that she was legitimated by the evidence required by the CC.
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letter saying that he was not denying that he Child is often the fruit of first love & is
was Theresa’s dad and due to his marital entrenched firmly in her parents’ hearts. Juan
status & since he was a public official, he could’ve not resisted manifesting signs of
wanted to avoid public scandal thus support concern & care in so far as his first born is
will be given quietly thru Fr. Arcilla. concerned especially since child has much talent
- CA reversed decision. It was not satisfied that & great promise. It’s expected that dad would
Theresa was in continuous possession of status proudly step forward to claim his paternity.
of natural child of deceased. Bases: Discreetness is understandable considering the
1. Case wherein 2 nurses took care of kids at straight-laced mores of the times & the social &
the expense of alleged dad, that he kissed political stature of Juan. But despite that, he
kids, called them sons, gave money for their openly visited his daughter in school and met
necessities, they called him dad & was with her in several occasions. Though letter may
publicly regarded as dad of the children but imply lack of association, it’s understood
Court held that they were insufficient basis because their relationship was far from normal.
for a declaration of paternity. CA finds There’s sufficient proof that Juan acted in such
Theresa’s evidence weaker than this. Dad manner as to show his intent to recognize
may have been convinced of his paternity Theresa as his own & not that he distanced
but they don’t show his intent to place kids himself from her.
in possession of status of natural children. 6. CC Art. 285: Action for recognition of natural
2. Theresa’s letter to Jose Tablizo wherein she children may be brought only during the lifetime
wrote of how proud she is of her dad & how of presumed parents except (1) if dad/mom died
she only knew him as a big man & that his during child’s minority, in w/c case, child may file
friends like Tablizo who knew him well & she action before the expiration of 4 yrs from
envied them for having that privilege. (see p. attainment of his majority. Theresa falls w/in this
751). CA claims that the letter gave the exception since she was only 14 when her dad
impression that Juan distanced himself from died. So can file an action before she reaches 25
Theresa. (4 years after age of majority w/c was 21 then).
- Yolanda denied that Juan ever recognized So she had until Sept. 18, 1978 to file the action.
Theresa as his daughter. She presented letters And she filed the present action on Sept. 15,
sent by Aurora to Juan & Fr. Arcilla as proof that 1978, 3 days before the expiration of the 4-year
Juan refused to recognize Theresa. In one letter period.
Aurora complained that Juan didn’t give a damn
to Theresa & she mentioned that the child was GUY v CA (2006)
graduating from Prep School. Letter likewise 502 SCRA 151
stated that she waited for the money for support - Sima Wei died intestate in Makati City on
& that she was grateful for the P300 he sent. October 1992, leaving 10M worth of real and
personal properties
HELD: Theresa was able to prove her open and - His known heirs are his surviving spouse and
continuous possession of the status of an illegitimate Shirley Guy and children
child. - Private respondents (minors Karen and Kamille
1. Letters from Aurora: did not prove that Juan Wei), represented by their mother Remedios filed
refused to recognize Theresa, it only proved that a petition and prayed for the appointment of a
Aurora was having a hard time raising child on regular administrator for the orderly settlement
her own and she asked for Juan’s assistance. of Sima Wei’s estate.
2. Juan never stopped Theresa from using his last - Petitioners prayed for the dismissal of the
name. petition of Remedios on the following grounds:
3. Report card story: being discredited for hearsay 1. That Sima Lei left no debts and there is
but according to SC this is w/in the exception of therefore no need to secure letters of
the hearsay rule (Sec. 38, Rule 130, ROC). administration
4. Relatives of Juan recognized Theresa too. 2. That private respondents should have
Yolanda could have presented any of these established their status as illegitimate
relatives to negate Theresa’s claims but she children during the lifetime of Sima Wei
failed to do so. 3. That private respondent’s claim had been
5. Re Theresa’s letter to Tablizo: What a poignant paid, waived and abandoned or otherwise
novel she can now author as she seeks to extinguished by reason of Remedios’
establish her parental links with her dad. There RELEASE AND WAIVER CLAIM stating that in
must be questions as to why his dad didn’t exchange for the financial educational
marry her mom when there were no legal assistance received from petitioner,
impediments at the time of her conception. Note Remedios and her minor children discharge
that under the different categories of illegitimate the estate of Sima Wei from any and all
children under the CC, the natural child occupies liabitilities
the highest position since her parents were not
disqualified to marry during her conception. ISSUES:
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1. WON the Release and Waiver of Claim IN RE MATTER OF THE INTESTATE ESTATES OF
precludes private respondents from claiming DECEASED JOSEFA DELGADO AND GUILLERMO
their successional rights RUSTIA (2006)
2. WON private respondents are barred by 480 SCRA 334
prescription from proving their filiation
Lucio Felisa Ramon Osorio
HELD: Campo
1. No. A waiver may not be attributed to a person
when its terms do not explicitly and clearly evince an
intent to abandon a right. The document does not Guillerm Josefa Nazario Luis
state with clarity the purpose for its execution. o Edilberta
Jose
Parents and guardians may not also repudiate the Guillermina & Nanie
Jacoba
inheritance of their wards without judicial approval. Guillerma
Gorgonio
Not having been judicially authorized, the Release (illegitimate child
and Waiver of Claim in the instant case is void and with Amparo
Sagarbarria)
will not bar private respondents from asserting their This case involves the partition of the estate of
rights as heirs of the deceased. It must also be decedent Guillermo and Josefa Delgado. The two
emphasized that waiver is the intentional groups contending the right of inheritance are the
relinquishment of a known right. Private respondents heirs of Josefa Delgado (her half and full-blood
could not have possible waived their successional siblings and their descendants) and the heirs of
rights because they are yet to prove their status as Guillermo Delgado (his siblings and their
acknowledged illegitimate children of the deceased. descendants, his illegitimate child and de facto
2. A ruling in the same would be premature adopted child). Josefa died before Guillermo, both
considering respondents have yet to present intestate. The existence of their marriage is also
evidences to prove their filiation. It is the duty of the under question.
trial court.
1. HEIRS OF JOSEFA DELGADO. Felisa had seven
AGUSTIN v CA (2005) children fathered by two men, all the births were out
460 SCRA 315 of wedlock. In effect the children belong to the
- Arnel Agustin had an extramarital affair with Fe illegitimate line.
Prollamante which produced the child named 2. HEIRS OF GUILLERMO RUSTIA. He had an
Martin. Arnel suggested to have the pregnancy illegitimate child named Guillerma with Amparo
aborted which Fe refused. Sagarbarria. However, in his petition for adoption of
- Arnel allegedly took care of all the medical bills his ampun-ampunan Guillermina, he declared that
in Martin’s birth and even signed his birth he had “no legitimate, legitimated or acknowledge
certificate as the father. However, in the long natural child.”
run, Arnel failed to give sustenance despite his
adequate financial capacity. ISSUES:
- Fe, afflicted with leukemia, sues Arnel for 1. WON Guillermo and Josefa were validly
support. They also moved for DNA testing to married
prove their cause of action. 2. Who the legal heirs of the decedents are
Why can’t children of adulterous relationships - Tomasa married and had a daughter, Maria
cannot be legitimated? Luciano. When she was widowed, she took her
1. rational of legitimation would be destroyed daughter with her and lived in the house that
2. unfair to legitimate children in terms of Leon Escobar built for them. Leon visited them
successional rights almost everyday.
3. problem of public scandal - He sent his sons Antonio and Fortunato to keep
4. will destroy the sanctity of marriage them company at night. When Tomasa died,
5. very scandalous, especially if the parents Leon took Maria into his home until she married
marry years after the birth of the child and was taken by her husband to the province.
6. it is tantamount to tolerating what would Leon Escobar died, then Fortunato became ill.
have been a wrong act, it would seem to be Antonio wrote to Maria to return to Manila to
more beneficial to the erring spouse nurse Fortunato, even sending money for
passage.
FC, Art 178 Legitimation shall take place by subsequent validWhen- Fortunato
marriage died,
between AntonioThe
parents. took Maria into
annulment ofhis
a
voidable marriage shall not affect the legitimation. home, where she lived until Antonio’s death.
Maria claims that she is entitled to inherit from
the estate of Antonio by virtue of her being the
CC: legitimation takes place through subsequent legitimate daughter of Tomasa, who is a
marriage (Art 270) provided that the parents have legitimated sister of Antonio
acknowledge the child before or after the marriage
ISSUE: WON Maria Luciano is entitled to inherit from
FC: legitimation takes place through subsequent Antonio
marriage as long as the requisites of Art 177 are
met. The length of time between child’s birth and HELD: YES. A child that enjoys continuous possession
the parents’ marriage does not matter. of the status of a natural child is considered
legitimated by the subsequent marriage of the
* The status of legitimated children in void ab initio parents. Maria Luciano’s mother Tomasa was
marriages are likewise affected because no marriage legitimated by the Maria of her parents hence a
exists at all. legitimate sister of Antonio. A legitimate daughter of
a legitimated sister is entitled to inherit from her
mother’s children.
FC, Art 179 Legitimated children shall enjoy the same rights as legitimate legitimate daughter - Maria may inherit
from Antonio.
FC, Art 180 The effects of legitimation shall retroact to the time RAMIREZ
of the child’sv birth.
GMUR (1919)
* To protect not only the child but also the child’s 42 Phil 855
descendants because it can happen that at the time
of the marriage of the child’s parents, the child Samuel
already had married and died is survived by children Doña Ana Bischoff Felisa Castro
who should benefit from the legitimation of their Ramirez Wertmuller
deceased parent. Leona
Castro
Frederick Dr. Ernest
FC, Art 181 The legitimation of children who died before the celebration of the marriage shall benefit their descendants.
von Emil Mory
Kauffman
FC, Art 182 Legitimation may be impugned only by those who are prejudiced in theirElena
rights, within five years from the time
Leontina
their cause of action accrues. Elizabeth
Federico
Ernesto Carmen Maria
DE LOS SANTOS v LUCIANO (1934) Esther
- Samuel, a Swiss, is married to Ana Ramirez
60 Phil 328 without children. He died in 1913 and left a will
- Tomasa Escobar was born to Leon Escobar and which declares that he has no forced heir. He
Josefa Esguerra before they were married. After bequeaths all his properties to his wife, to the
her parents got married, they begot two more exclusion of properties in Switzerland which are
children: Antonio and Fortunato Escobar. adjudicated to his brothers and sisters.
- All the while, Tomasa lived with the spouses and - His declaration of absence of force heirs ignores
their two legitimate children. The children called the possibility of his descendants from Leona.
the spouses “Tatay” and “Nanay”. The other - Leona is born to Felisa Castro and an unknown
children called Tomasa “Manang,” which is an father. However, on the margin of her original
appellation given to elder sisters. baptismal certificate was an annotation by Fr.
- Tomasa grew up and lived under the care of the Ferrero that Samuel recognized her as his
spouses until she married. The spouses natural daughter.
supported her, treated and presented her as
their daughter, and was publicly known as such.
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- Leona grew up in Samuel’s family and brought - Ana’s contention that only kids born of persons
up as a family member, which effected a tacit free to marry may possess status of recognized
admission of paternity. natural child. There being no evidence to show
- 1895 Leona ♥ Frederick, a Brit born in HK with Felisa Castro’s status at the time Leona was
whom she had three children. born, she will be presumed single or widow.
Court cannot entertain contrary presumption
- 1899 Leona goes to Switzerland to recuperate in that Felisa’s guilty of adultery.
a sanatorium (did not specify illness). After - As a recognized natural daughter, had she
sometime, she told Fred that she does not want survived her dad, she would have been his
to be his wife anymore. So in 1904 Fred went to forced heir (CC Art 807 (3) & 939) and entitled to
France and obtained a decree of divorce which 1/3 of the inheritance (CC Art 842).
was granted in 1905.
- Leona fell for her doctor Emil. They begot a child 2. No. French tribunal has no jurisdiction to
in 1900 and married after Leona got divorced entertain an action for dissolution of marriage
from Fred. Two more daughters issued in the contracted in the Phil by persons domiciled here
married. especially since such marriage is indissoluble
- 1910 Leona died under Philippine laws. Although the spouses (first
marriage) have traveled to different places, all
- The heirs of Leona seeks participation in the those stays were limited & thus we can’t say
estate of their alleged grandfather Samuel. that they have established their domicile
- Otto Gmur (respondent) appeared as guardian of elsewhere. It has been established that court of
3 Mory children while Fred appeared for his own a country in w/c neither spouse is domiciled &
children. w/c one/both spouses may resort merely for the
- Ana insists that Samuel did not recognized purpose of obtaining divorce has no jurisdiction
Leona. to determine their matrimonial status & a
divorce granted by such court is not entitled to
ISSUES: recognition anywhere. Going to one place for the
1. WON Leona is a recognized natural child of sole purpose of obtaining divorce w/o intention
Samuel to remain in that place is not sufficient to confer
2. WON the divorce between Fred and Leona is jurisdiction on courts of that state especially if
valid cause of divorce is not recognized by the laws of
3. WON Leontina should be considered as a the state of that person’s own domicile. During
legitimate daughter of Fred and Leona (being the time they obtained divorce decree, the Phil
born before the divorce decree, hence while their law provided that a valid marriage can only be
marriage is subsisting) dissolved by death of one of the parties. The law
4. WON the Mory and the Kaufmann children are invoked in obtaining the divorce allowed divorce
entitled to their share in the estate. where wife has been guilty of adultery/husband
5. WON the probate of a will affects the rights of guilty of concubinage. Evidently, this should not
forced heirs who don’t appear to contest the be upheld since it is repugnant to the moral
probate. sensibilities of our people & it’s contrary to law.
HELD: 3. Leontina’s status: The first marriage was still
1. Yes. Prior to her first marriage, she was in an subsisting when she was born thus she’s an
uninterrupted enjoyment of de facto status of offspring of an adulterous intercourse w/c is not
natural child & treated as such by Samuel. capable of legitimation (CC Art 119).
- Document presented by Fr. Ferrero admissible
since he’s the custodian of church records. 4. WON the Mory and the Kaufman children are
Original document not needed since they have entitled to inherit. Frederick’s children are
shown that diligent search was made to find it, legitimate & entitled to inherit, thus no need to
to no avail. Thus, secondary evidence presented discuss. The divorce being invalid, the claims of
by the priest is sufficient. the Mory children should then be rejected. The
- Applicable provision: Law 11 of Toro which right to inherit is limited to legitimate,
became Law 1, Title 5, Book 10 of the Novisima legitimated & acknowledged natural children,
Recopilacion which provides that recognition excluding kids of adulterous relations.
could be established by proof of acts on part of “Descendants” under CC Art. 941 can’t include
the parent unequivocally recognizing the status illegitimates born of adulterous relations.
of his child. This is different from CC Art 131
provision which provides that acknowledgment
must be made in the record of birth, by will or in 5. No. Rights of forced heirs to their legitime are
other public instrument. Regardless of what not divested by decree admitting a will to
provision is applied, it’s sufficiently shown that probate, regardless of fact that no provision has
Leona was recognized. been made for them in the will. Decree of
probate is conclusive only as regards due
execution of will. Code of Civil Procedure Sec.
PERSONS AND FAMILY RELATIONS | Prof. E. A. Pangalangan, A.Y. 2008-2009
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Cute trivia: Did you know that Pepe is the nickname for
Jose because Joseph is the padre putative (putative/foster
father) of Jesus, shorted to P.P. which is pronounced “pe-pe”
in Spanish?
PERSONS AND FAMILY RELATIONS | Prof. E. A. Pangalangan, A.Y. 2008-2009
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Karichi E. Santos | UP Law B2012
XIII. ADOPTION
relation to the but not with the
legitimizing relatives of the
parents, but also latter
in relation to
ADOPTION is a juridical act which creates between other relatives
two persons a relationship similar to that which of the latter
results from legitimate paternity and filiation.
WHAT DOES ONLY BY A JUDICIAL DECREE MEAN?
PURPOSE OF ADOPTION - Only an adoption made through the court is
- Originally: mainly for the benefit of the valid.
adopter, who are usually people who had no - The fact of adoption is never presumed, but
children, so that they may experience the must be affirmatively proved by the person
joys of parenthood claiming its existence
- Modern view: for the benefit of the children - Proof required: judicial decree of adoption
to be adopted o Absence of proof of order of adoption by
o It has both social and moral purpose: court cannot by substituted by oral
to extend to the orphan or to the evidence
child of the indigent, the o Secondary evidence admissible where
incapacitated or the sick, the the records of adoption were actually
protection of society in the person of lost or destroyed
the adopter o Pedigree testimony is not admissible
o The adopted child remains an heir of - Mere agreement of adoption between the
his parents by nature adopters and the biological parents of the
child is not valid
CONSTRUCTION OF ADOPTION LAW: construed so as - Mere fact that the child has lived with the
to encourage the adoption of unfortunate children by alleged adopter who had treated him like his
persons who can properly read and educate them own child is not sufficient to establish a valid
adoption (Lazatin v Campos)
CHILD WELFARE PARAMOUNT: In determining - Neither is the mere registration of the child
whether adoption shall be allowed, the welfare of the in his or her birth certificate as the child of
child is the primary consideration. the supposed adopters a valid adoption
(simulated birth)
NATURE OF PROCEEDINGS: Petition for adoption is
done through proceeding in rem. No court may A. Pre-adoption and Adoption
entertain such a petition unless it has jurisdiction
over: Procedure
- the subject matter of the case and over the
parties There are no provisions on pre-adoption procedures
- the res, which is the personal status of the in FC, it is only introduced in RA 8552 (Domestic
person to be adopted as well as that of the Adoption Act of 1998).
petitioners
FC, Art 184 The following persons may not adopt:
ADOPTION AND LEGITIMATION similar in the sense 1. The guardian with respect to the ward prior to the approval of
that in both of them the child is given the status of guardianship relations;
the child born in lawful wedlock of the parents 2. Any person who has been convicted of a crime involving moral t
adopting or legitimizing it 3. An alien, except:
a. a former Filipino citizen who seeks to adopt a relative by con
b. One who seeks to adopt the legitimate child of his or her Fil
LEGITIMATION ADOPTION c. One who is married to a Filipino citizen and seeks to adopt
Persons Only natural Strangers of the latter
affected children (generally)
Procedure May take place Always by
by extrajudicial judicial decree GUARDIAN: To prevent a guardian who has misused
act of parents or misappropriated the funds or properties of his
(marriage) ward to resort to adopting his ward to avoid an
accounting of such funds or properties and possible
Carried out by Only by both May be made by
criminal prosecution. Guardianship must be
whom parents of the one parent
terminated first in accordance with the Rules of
child
Court and the final accounts of the guardian
Benefits Child receives Creates a
approved, before said guardian can be allowed to
the same status relationship only
adopt his or her ward.
and rights as a between the
legitimate child, child and the
MORAL TURPITUDE: Adoption demands that the
not only in adopting parent,
adopter be morally qualified to do so, and a
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FC, Art 185 Husband and wife must jointly adopt, except in the follow
1. When one spouse seeks to adopt his own illegitimate child
2. When one spouse seeks to adopt the legitimate child of the ot
FC, Art 186 In case husband and wife jointly adopt or one spouse ado
shall be exercised by the spouses in accordance with this Code.
- Petitioner now contends that the petition for REPUBLIC v MILLER (1999)
adoption should have been dismissed outright as 306 SCRA 183
it was filed solely by private respondent without - Claude Miller, formerly a member of the US Air
joining her husband Dioscoro Bobiles, in violation Force assigned at Clark Air Base, and his wife,
of Art 185 FC. It argues that FC must be applied Jumrus Miller, both US citizens but residing in
retroactively to the petition of Mrs. Bobiles. And Angeles City, filed before RTC a verified petition
that even if the FC is not applied, the court still to adopt minor Michael Magno Madayag.
erred by granting adoption to both the spouses - Poverty and deep concern for his future
instead of Zenaida alone. prompted Michael’s natural parents to give their
irrevocable consent to the adoption.
ISSUE: WON the FC provision regarding joint - RTC granted petition for adoption finding
adoption of spouses should apply petitioners to possess all the qualifications and
none of the disqualifications for adoption.
HELD: No. Art 256 FC provides for the retroactive Michael was freed from all obligations of
effect of appropriate relevant provisions thereof obedience and support with respect to natural
subject to the qualification that such retroactive parents. He was then declared child of the
application will not prejudice or impair vested or Millers by adoption. His surname was to be
acquired rights. Zenaida had rightfully commenced changed from “Madayag” to “Miller”.
the petition prior to the effectivity of the FC. Her
right to that action is not subject to subsequent ISSUE: WON the Court may allow aliens to adopt a
modification of the law. Filipino child despite the prohibition under FC,
Art 185 FC is remedial in nature. Technical rules effective on Aug 3, 1988, when the petition for
should not be stringently applied to adoption adoption was filed before FC, on July 29, 1988, under
proceedings because it involves the future condition the provision of the Child and Youth Welfare Code,
and paramount welfare of the adoptee. Petition for which allowed aliens to adopt.
adoption granted.
HELD: Yes. The enactment of FC will not impair the
REPUBLIC v TOLEDANO and SPS. CLOUSE right of alien respondents to adopt a Filipino child
(1994) because the right has become vested at the time of
233 SCRA 9 filing of the petition for adoption and shall be
Spouses Alvin and Evelyn Clouse filed a petition to governed by the law then in force. A vested right is
adopt Solomon, Evelyn’s 12 yo brother. Alvin is a one whose existence, effectivity and extent does not
natural born American citizen while Evelyn was a depend upon events foreign to the will of the holder.
former Filipno who became naturalized American The jurisdiction of the court is determined by the
citizen in Guam. Solomon Joseph Alcala and his statute in force at the time of the commencement of
mother, Nery Alcala consented to the adoption due the action. Adoption statues, being humane and
to her inability to support the boy’s education. salutary, hold the interests and welfare of the child
to be of paramount consideration. Every reasonable
HELD: The Clouse may not adopt Filipino children. intendment should be sustained to promote and
Alvin is not qualified to adopt under FC because he is fulfill the compassionate and noble objectives of the
not a former Filipino citizen and Solomon is not his law.
relative by consanguinity nor the legitimate child of
his spouse. Evelyn, as a former Filipino citizen, is
qualified to adopt but the FC requires spouses to C. Nature of adoption
jointly adopt. Hence, the spouses may not adopt proceedings
Solomon.
LAZATIN v CAMPOS (1979)
** Under RA 8552 qualified resident aliens may
92 SCRA 250
adopt Filipino citizens
- Dr. Mariano M. Lazatin died intestate and was
survived by his wife, Margarita de Asis, and his
adopted twin daughters Nora L. De Leon
(married to Bernardo de Leon) and Irma Lazatin
(married to Francisco Veloso)
- A month after Mariano Lazatin’s death, Margarita
de Asis commenced an intestate proceeding
before the CFI of Pasay. To the said proceeding,
Mariano, Oscar, Virgilio and Yvonne intervened
since they claimed to be admitted illegitimate
(not natural) children of Mariano with a woman
named Helen Muñoz. Subsequently, one Lily
Lazatin also intervened, claiming to be another
illegitimate (not natural) child
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deemed to have abandoned the child and has given then, it has been the paternal relatives who give
the child to Atty. Velasquez for guardianship. support to the children. The mother also rarely
communicates with the children and already has
CANG v CLAVANO (1998) a second family in Italy.
296 SCRA 128 - Petitioner is a 57 year old widow, naturalized US
- Spouses Herbert Cang and Anna Marie Clavano citizen in Guam with four grown-up children of
(employee at the Philippine Consulate in LA) her own who have their own respective families
were legally separated because the husband’s and gainfully employed also in Guam. She lives
extramarital affairs. Herbert became naturalized alone in her house and works as a part-time
US citizen and secured a divorce decree there. waitress. Petitioner’s children executed an
- Clavano’s brother (Ronald Clavano, a wealthy affidavit of consent for the adoption proceeding
businessman) and his wife Maria Clara (a flight in the US. Elaine, the eldest of the three
stewardess) wanted to adopt the three children adoptees likewise testified regarding their
(Keith, Charmaine and Joseph Anthony) of the consent to be adopted by their aunt.
spouses Cang and Clavano. The 14 yo son - The DSWD social worker was able to interview
signed the petition of adoption along with Amelia when she went home to the Philippines.
Clavano. According to the mother, she is willing to let go
- The mother justified the adoption with the of her parental ties with the children since it’s
following statements: her in-laws who have been rearing them.
o The brother had been her in taking care of - RTC granted but CA reversed for absence of
the children consent of the petitioner’s children and the
o She will be going to the US and the adoptee’s biological mother.
children would hamper her job-seeking
venture abroad ISSUES:
o Husband had long forfeited his parental 1. WON the adoption may proceed absent the
rights mother’s written consent
- Herbert immediately returned home upon 2. WON the affidavit of consent executed by
learning about the adoption proceeding, which the petitioner’s children in Guam not in the
he opposes. presence of a Philippine consular office is
- RTC and CA granted the decree of adoption admissible
3. WON the petitioner is financially capable of
ISSUE: WON the consent of the father to the supporting the adoptees
adoption must be sought, given that he expresses
desire to retain parental authority and that he did HELD:
not abandon his children 1. No. The petitioner failed to present actual
evidence regarding the mother’s consent. It
HELD: The adoption may not be granted. Cang’s cannot be said that she intends to abandon
consent as the father is necessary. Petitioner’s them because she continually gives them
conduct did not manifest relinquishment of parental financial support no matter how minimal.
duties. Despite the fact that Cang abandoned his Also, the eldest daughter admitted that she
children, it was proven that he continued to send consults her regarding serious issues.
support for the family from the US. It was mere 2. No. The authenticity of her children’s
physical estrangement that existed. Cang did not affidavit was also not clearly established.
manifest a settled purpose to forego all parental 3. No. Her advanced age and instable source of
duties and relinquish all parental claims over his income puts doubt on her financial capacity
children as to constitute abandonment. to raise the three kids in the US. That her
own children are willing the back her up is
LANDINGIN v REPUBLIC (2006) untenable because the ability to support
493 SCRA 415 must be personal to the adopter.
1. Fathers with full substantive rights – Unwed viii. any person who has filed an instrument with
fathers who maintained substantial and continuous the putative father registry acknowledging the
or repeated contact with the child have the same paternity of the child
rights as unmarried mothers with respect to their
children, and must execute a voluntary surrender
before the child can be adopted. The father has to 3. Fathers without rights – Those who have not made
have a “substantial relationship” with the child, the efforts to establish a relationship with a non-marital
standards of which vary according to the age of the child do not have a right to be included in a court
child. decision to approve a mother’s surrender, to
terminate the mother’s rights or to approve the
A. For children under six months old adoption of the child
i. openly lived with the child or the child’s
mother for a continuous period of six months 4. Fathers unable to meet the criteria
prior to the placement of the child for adoption - prevented from visiting or contacting the child
ii. openly held himself out to be the father of the because of a court order or other actions taken
child for six months prior to the placement of to protect the mother from domestic violence
the child for adoption - incarceration
iii. paid or offered to pay a fair and reasonable - drug addiction
sum according to his means toward the - father unaware of the child
medical expenses in connection with the - relative’s action
mother’s pregnancy or the birth of the child
evidence of filiation, which may be refuted by Isabel Johnston filed a petition to adopt a 2 yo
evidence, such evidence is lacking in this case minornamed Ana Isabel Henriette Antonio
- Mauricio’s testimony that he was present when Concepcion Georgiana from Hospicio de San Jose as
Doribel was born to Edita Abila is suspect as it she is in a childless marriage with Raymond Arthur
comes from an interested party Johnston. The petition was granted and the child was
- Abila’s affidavit denying her earlier statement in given Isabel’s maiden surname, Valdez. Isabel filed a
the petition for the guardianship of Doribel is motion to change the child’s surname to Valdez-
hearsay. It was also never offered in evidence in Johnston, Isabel’s married name.
the lower courts.
- Even without Abila’s affidavit, the birth certificate HELD: Isabel’s husband did not concur in the
must be upheld. adoption. Hence, the child should use Isabel’s
- It was held in Legaspi v CA that the evidentiary maiden name or it may lead to confusion.
nature of public documents must be sustained in
the absence of strong, complete, and conclusive REPUBLIC v WONG (1992)
proof of its falsity or nullity 209 SCRA 189
- Doribel’s legitimacy cannot be questioned in a - Maximo Wong is the legitimate son of Maximo
complaint for partition and accounting. It should Alcala Sr and Segundina Alcala. When they were
be questioned in a direct action seasonably filed 2 and 9 yo respectively, he and his sister were
by the proper party legally adopted by Hoon Wong and Concepcion
- It cannot be questioned by way of defense or as a Ty Wong (naturalized Filipinos who are childless
collateral issue in another action for a different after 15 yrs of marriage.
purpose - When he turned 22, Maximo wants to revert to
his natural parents’ real name saying that the
3. WON Delia, Edmundo and Doribel are entitled to Chinese surname of his adoptive parents
inherit from Teodoro and Isabel - YES embarrassed and isolate him in his Muslim
- Doribel, as the legitimate daughter, and Delia and community. Likewise, it hampers the progress of
Edmundo, as their adopted children, are exclusive his business (furniture store). The adoptive mom
heirs to the intestate estate of the deceased does not mind his action and even assured that
couple, in conformity with Art 979, which states he will still be entitled to inherit from them
that legitimate children, which includes adopted despite the name change.
children, succeed their parents - RTC granted the petition for change of name
- The underlying philosophy of the article is that a - SG resists because change of name is an act of
person’s love descends first to his children, and ingratitude to his adoptive parents who cared for
grandchildren before it ascends to his parents and him.
thereafter spreads among his collateral relatives
- It is also supposed that one of a person’s purposes ISSUE: WON the reasons submitted by Maximo are
in acquiring property is to leave them eventually valid, sufficient & proper to warrant the granting of
his children as a token of his love for them and as the petition.
a provision for their continued care after his death
HELD: Yes. It was proven that the surname was
4. WON Delia and Edmundo are entitled to inherit from detrimental to Maximo’s business. Likewise, the
Eleno and Rafaela - NO change of Maximo’s surname was not done to
- The grandparents were total strangers to Delia and defraud anyone. Use of the adoptive parents’
Edmundo, as adopted children surname is not the main objective of adoption but
- An adopted child is deemed to be a legitimate merely one of its effects.
child, and thus has the same rights as legitimate
child. HOWEVER, these rights do not include the FC echoes the same statutory right of an adopted
right of representation. The relationship created child to use the surname of the adopter. Thus, the
by the adoption is between only the adopting use of the surname of the adopter by the adopted
parents and the adopted child, and does not child is both an obligation and a right. SC said that
extend to the blood relatives of either party. the State has an interest in the names borne by
individuals & entities for the purpose of identification
* The adopted children are entitled to Teodoro’s & a change of name is not a matter of right but of
estate. Legally adopted children have the right to sound judicial discretion, to be exercised in the light
inherit from the adoptive parents. However, the of reasons adduced & the consequences that will
adopted children may not represent their adoptive likely follow; it is a privilege w/c may be granted
parent. Adoption creates a relationship only between upon showing of a proper or reasonable cause or
the adoptive parents and the adopted. It does not compelling reason. While it is true under the law that
extend to the blood relatives of either party. an adopted child must bear the name of the adopter,
the change of the surname of the adopted child is
JOHNSTON v REPUBLIC (1963) more an incident rather than the object of adoption
7 SCRA 1040 proceedings.
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EFFECTS OF RESCISSION
FC, Art 193 If the adopted minor has not reached the age of majority at the time of the judicial rescission of the adoption, the
court in the same proceeding shall reinstate the parental authority of the parents by nature, unless the latter are disqualified
or incapacitated, in which case the court shall appoint a guardian over the person and property of the minor. If the adopted
person is physically or mentally handicapped, the court shall appoint in the same proceeding a guardian over his person or
property or both.
Judicial rescission of the adoption shall extinguish all reciprocal rights and obligations between the adopters and the adopted
arising from the relationship of parent and child. The adopted shall likewise lose the right to use the surnames of the adopters
and shall resume his surname prior to the adoption.
The court shall accordingly order the amendment of the records in the proper registries.
G. Rectification of Simulated
Birth
CRIME OF SIMULATION OF BIRTH
(Art VII Sec 21, RA 8522)
- intended to curb or prevent such acts done
by people who want to avoid trouble and
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RECTIFICATION OF SIMULATION OF BIRTH official repository i.e. local civreg as well as the court
(Art VII Sec 22, RA 8522) that rendered such judgment. Thus these documents
- Three-in-one procedure are prima facie evidence of the facts therein unless
1. Correction of Entries in Birth proven contrary with proof of such alleged
certificate irregularity be brought in a separate proceeding for
2. Declaration of Abandonment the purpose of nullifying the adoption decree as in
3. Adoption Decree Santos v Aranzanso. The private respondents cannot
- Application for correction of the birth registration assail such decree to defeat the petitioners claim
shall be filed within 5 years from the effectivity that she is the sole heir of the decedent. Therefore,
of this Act and completed thereafter the petitioner whose adoption is presumed to be
valid is the sole heir of the decedent.
H. Adoption decree
I. Inter-country Adoption
REYES v SOTERO (2006) * Governed by RA 8043 or the Inter-country Adoption
482 SCRA 520 Act
- Elena Lising died intestate. Corazon Chichioco
filed a petition for issuance of letter and WHO MAY BE ADOPTED – Any child:
administration and settlement and estate as the 1. has been voluntarily or involuntarily
niece of the decedent with the collateral committed to the Department as dependent,
relatives of the decedent. abandoned, or neglected pursuant to the
- Chichioco alleged that the properties of the provisions of the Child and Youth Welfare Code
decedent is with the petitioner Ana Joyce Reyes, may be the subject of Inter-Country Adoption;
her grand niede and that she be appointed as
the administrator of these properties instead. 2. Povided that in case of a child who is
- Reyes filed an opposition to the petition, voluntarily committed, the physical transfer of
claiming that she is in fact the adopted child of said child shall be made not earlier than six (6)
the decedent and her husband Serafin delos months from the date the Deed of Voluntary
Santos and that the appointment of Commitment was executed by the child’s
administration is unnecessary since she is the biological parent/s. The prohibition against
sole heir of Lising. As evidence, she provided the physical transfer shall not apply to adoption by
following: a relative or children with special medical
o Certification from the Municipal Registrar conditions.
of Paniqui, Tralac that on the Record of
Court Decrees, Reyes was adopted by WHO MAY ADOPT
Elena Lising and Serafin delos Santos. Any foreign national or a Filipino citizen permanently
o Certification of the Clerk of Court of the residing abroad who has the qualifications and none
of the disqualifications under the Act may file an
RTC-Tarlac City that judgment was
application if he/she:
rendered on Dec 21, 1968 decreeing her
(a) is at least twenty-seven (27) years of age;
adoption by the spouses
(b) is at least sixteen (16) years older than the
o Judicial form no. 43: the adoption decree
child to be adopted at the time of the filing
which declares her adoption
of the application, unless the applicant is the
o Decree of final distribution issued by PVAO:
parent by nature of the child to be adopted
benefits paid to her as “daughter” of or is the spouse of such parent by nature;
Serafin delos Santos. (c) has the capacity to act and assume all the
- Chichioco filed an annulment of the adoption rights and responsibilities incident to
decree stating that documents presented are parental authority under his/her national law;
false and fraudulent; and that petitioner and her (d) has undergone appropriate counseling form
mother collaborated to make it appear that an accredited counselor in his/her country
petitioner is adopted by Elena and Serafin. (e) has not been convicted of a crime involving
moral turpitude;
ISSUE: WON the petitioner herein should prove the (f) is eligible to adopt under his/her national law
validity of her adoption due to irregularities raised by (g) can provide the proper care and support and
private respondent. give the necessary moral values and
example to the child and, in the proper case,
HELD: No. The Court ruled that the documents to all his/her other children;
presented by the petitioner sufficiently proved that (h) comes from a country:
she is legally adopted by Elena and Serafin. It is a. with whom the Philippines has
presumed that these documents are regularly issued diplomatic relations;
as they are issued under the seal of the issuing b. whose government maintains a foreign
offices and signed by the proper officers. The adoption agency; and
adoption decree is a public document that is c. whose laws allow adoption; and
required by law to be properly registered in the
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1
Summary by Karichi Santos
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General Provisions
FC, Art 213 In case of separation of parents, parental authority shall b
Court shall take into account all relevant considerations, especially the
FC, Art 209 Pursuant to the natural right and duty of parents over the person and property of their unemancipated children,
parent chosen is unfit.
parental authority and responsibility shall include 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.
No child under 7 yo shall be separated from the mother unless the Cou
Years Presumption)
FC, Art 210 Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law.
FC, Art 214 In case of
Parental authority is a purely personal right. It 1. death
cannot be renounced except for the following waiver 2. absence
permitted by law: 3. unsuitability of the parents
Substitute parental authority shall be exercised by the surviving grandp
1. adoption the court, taking into account the same consideration mentioned in the
2. guardianship
3. surrender to an orphanage or asylum (Art
223-224) PD 603, Art 58 Damages by child are answered by
parents
Minority does not divest a parent of parental
authority. In fact, there are two kinds of parental
authority: CC, Art 2180 The father and, in case of his death or incapaci
caused by the minor children who live in their company.
1. parental authority over the person of the
child
Guardians are liable for damages caused by the minors or inca
2. parental authority over the property of the and live in their company.
child
Lastly, teachers or heads of establishments of arts and trades s
PARENTAL AUTHORITY PARENTAL AUTHORITY and students or apprentices, so long as they remain in their cu
OVER THE PERSON OVER THE PROPERTY
The responsibility treated of in this article shall cease when
observed all the diligence of a good father of a family to preven
1. Custody
When does a parent have parental authority
over the person but not the property?
1. when the parent is a minor A. Determining the best interest of
2. when the parent is disinherited by an the child
ascendant (Grandparent Parent Child) i. GENDER AND TENDER YEARS PRESUMPTION
HELD: Yes. The tender years presumption represents Ma’am Beth does not agree with the decision, she
an unconstitutional gender-based classification says that 3 yo kids will be happy for the playmate. It
which discriminates between fathers and mothers in would not ask “Sino tatay mo?”
child custody proceedings solely on the basis of sex.
It creates a presumption of fitness and suitability of Moral of the story: Don’t use different surnames,
one parent without consideration of the actual even if the father acknowledges the child. UNLESS
capabilities of both parties. It also imposes he gives support, otherwise, it’s useless!
unnecessary legal burden on the father. (Note: The
burden of proof that the mother is unfit. Thus, the Would it favor an adulterous mother if the
male can only gain custody IF the female is unfit child was younger or older? Younger, because the
even if the father is fit. This violates the equal child does not have any opinions yet. All it wants is
protection clause.) milk, diaper and burp.
were given weight by the court since the interview - They settled in Boracay but Agnes insisted on
and the examination were done for foreign travel going to Makati. She did, and took with her
and school purposes respectively, not for the Noelle with no intention of coming back.
advancement of the litigation case. Also, she refuses - Husband petitions for writ of habeas corpus
to talk to her in the phone and when they saw each which CA granted and they were given joint
other in court, daughter ignored her mother and did custody
not show any longing.
ISSUE: WON the CA erred in giving custody to both
The mother’s illicit affair with Reynaldo’s coworker the parents
seemed to have caused emotional disturbances to
Rosalind. There is also nothing in the records which HELD: Yes. Art 213 applies because the child is under
show that Reynaldo was unfit. His assignment in the 7 years old and the mother did not have the
states is just temporary, and he will be coming back disqualification for possessing custody.
home to the Philippines permanently.
SY v CA (2007)
CELIS v CAFUIR (1950) GR No. 124518
86 Phil 554 - Mercedes filed a petition for writ of habeas
- When Ileana Celis gave birth to a boy, Joel, she corpus for her two minor children Vanessa and
entrusted him to Soledad Cafuir because of her Jeremiah.
father’s displeasure of the disgrace Ileana - Her husband Wilson alleges that she is unfit for
brought to the family for having illicit relations custody because she has 1) abandoned their
with a man whom she is not married with and family, 2) mentally unstable and 3) cannot
because of her father’s objection of having her provide for their children
son stay in the paternal home.
- Ileana made two documents: 1) entrusting ISSUE: WON Mercedes can have custody of her
Soledad her child and only Soledad can adopt children
the child. 2) appointment of Soledad as the
child’s guardian. HELD: Yes. Because all of Wilson’s arguments, aside
- Ileana only came to visit the boy every Saturday from being unsubstantiated, had been refuted by
and provided some milk, food and a little money. Mercedes. She left the conjugal home to work in
- She eventually married co petitioner Agustin Taiwan and earn money to reclaim her children. Her
Rivera and then decided to get the boy back, but act of praying in the rain is a mere expression of her
Soledad refused. Ileana then filed for a writ of faith, which is the same reason for the couple’s
habeas corpus. Soledad, in her defense, claims separation (religious differences).
that the two documents enacted by Ileana
renounced her custody of and patria potestas ii. PARENTAL UNFITNESS
over her child.
FELDMAN v FELDMAN (1974)
ISSUE: WON Ileana had renounced her custody of the 358 NYS 2d 507
child in favor of Soledad. - Mady Feldman filed for divorce against her
husband, Philip, based upon cruel and inhuman
HELD: No. The first document merely entrusted her treatment. Pursuant to their separation
son to soledad. Entrusted cannot convey the idea of agreement, she was awarded the custody of
permanent renunciation. Also, the clause that says their 2 children.
“No one has the right to claim for adoption except - After the divorce, the former wife began dating a
Soledad” merely provides an option for Soledad, married man. In one visit of the former husband
which she didn’t take. The second document, on the at her former wife’s house, he found a copy of
other hand, merely designated Soledad as the Screw Magazine and some letters with explicit
guardian of the child. The designation of one as the photographs on the dining room and kitchen
guardian does not mean that the guardian will tables. The letters were in response to the ads
always assume and discharge the duties of the office placed by the former wife and her male
or position. companion regarding fun and games with other
couples or groups.
GAMBOA-HIRSCH v CA (2007) - The former husband then filed a petition for the
527 SCRA 380 custody of the two children. The trial court found
- Agnes Gamboa-Hirsh ♥ Franklin Harvey Hirsch that the wife was living sexually liberated
and a daughter was born to them named Simon lifestyle. Based on this, the trial court granted
Noelle the custody of the two children to the former
husband.
- They were married in Bacolod but the couple
cannot agree on where they would establish ISSUE: WON the mother’s unusual sexual activities
their conjugal home, whether in Boracay or in makes her unsuitable for custody because of
Makati. immorality
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SANTOS v CA (1995)
HELD: No. Her peculiar sexual practices do not ipso 242 SCRA 407
facto constitute unfitness for custody. It was found - Leouel and Julia had placed their child into the
that she had supported her children well and has care of the latter’s parents ever since the child
given them a great atmosphere at home. The was born. The grandparents were the ones who
unusual practices by the mother did not, in any way, provided support for the child, since Leouel
affect the children. There is no evidence also, that cannot afford to do so. Julia then left for the
the publications or pictures were ever seen by the States to work. The grandparents claim that Julia
children. (Note: the right of a divorced woman to has been sending financial support to her son.
engage in private sexual activities, which no way - On September 1990, Leouel abducted the child
affect her minor children, is within the penumbra of from his grandparents. The grandparents then
privacy mandated by the Bill of Rights) Also, the filed for custody of the boy, which the trial court
children were well-provided for both emotionally and granted.
physically (doing good at school, even elected as - Leouel appealed, stating that the respondents
class officers) and that the mother’s home had a have failed to show the he is unfit to be the
“cheerful and happy atmosphere” (which to Ma’am father and that the substitute parental authority
Beth’s mind was “maaliwalas”. granted to the boy’s grandparents was
inappropriate.
- The respondents claim that they are financially
well-off to take care of the son, while Leouel is
not. They can provide the child with an air-
conditioned room since he is asthmatic.
- Also, Julia has entrusted the boy to them.
Leouel’s use of trickery to abduct the child also
is a sign of his unfitness. They likewise claim that
they are in the best position to take care of the
child, and this should be the primary
consideration of the court.
HELD: In absence of proof of guilt, yes she is entitled - The judge and Ann Robin then talked, and from
to support. The contention here is between the their conversation, Ann said that she loved her
wife’s affirmation against the husband’s denial of the father more than her mother and that she had
short-lived marital reunion. Maria said she had no desire to visit with her mother but agreed if
briefly reconciled with her husband during a fiesta in she was allowed to live with her father if she
Cavite. He promised to behave so she was visited her mother for 4 weeks during the
persuaded to live with him again. summer.
- The judge, taking into consideration the child’s
The presumption of legitimacy continues even if the best interests, granted custody to the father. The
husband and wife voluntarily separate and live wife argued that the judge failed to consider all
apart. This presumption is one of the strongest circumstances and allowed the child’s choice to
known in law and cannot be overthrown except by control his decision.
stronger evidence to the contrary.
ISSUE: WON the judge’s reliance on the child’s
Considering that the reunion with the wife is not preference was justifiable
impossible nor improbable. Mariano also asserted
the unchastity of his wife after the birth of Lorenzo, HELD: Yes. The factors in awarding custody to one or
contradicting his earlier statements and actions. He the other of the parents were equally balanced as to
had found out about Maria’s affair as early as March make it difficult for the judge to decide between
1934 but gave her money in September and October them. That being so, it does not seem that he
1934. abused his discretion when he gave great weight to
the child’s preference.
Maria is entitled to prima facie presumption of
innocence of the crime of adultery. A declaration of LAXAMANA v LAXAMANA (2002)
adultery in this case affects her standing, as well as 388 SCRA 296
her child. Since alleged adultery of Maria has not - Lourdes (a degree holder in banking and finance)
been sufficiently established, Lorenzo is presumed to ♥ Raymond (graduate of LLB, buy and sell, resto
be legitimate because he was born in lawful owner and fishpond) Michael and twins Joseph
wedlock, there having been no divorce relative or & Vincent ‘
absolute.
- The family was well off until the father became
Maria swore that she had left her husband and the drug dependent and violent. This led the wife
conjugal abode because he had kept a mistress and her children to abandon the petitioner
there, and had repeatedly done her bodily harm. - After going in and out of the rehab and finally
These assertions were not contradicted. being declared drug-free, Reymond then filed a
Consequently, the defense of unworthiness having petition for habeas corpus for the custody of the
failed, the innocent wife must be given separate 3 children
maintenance. She would also be given the custody - Lourdes opposed the petition, citing the drug
of her three children, because 1) the contract of dependence of the petitioner and then filed for
separation stipulated that Gloria and Julita stay with an annulment of their marriage
her and 2) it was for the best interest of the children. - Reymond filed in the habeas corpus case a
motion seeking visitation rights over his children.
GOLDSTEIN v GOLDSTEIN (1975) After the parties reached an agreement, the
115 R.I. 152 court granted the visitation rights and ordered
- Edward Goldstein was awarded custody of a the parties to undergo psychiatric and
child, Ann Robin, after a decree by the court. As psychological examination.
such, the child and her father lived in Israel, - The results of the psychiatric evaluation were
while the mother, Claire, stayed in the States. presented to the court. The exam states that the
- The wife then initiated a series of proceedings to children were affected psychologically by the
reclaim rights over the child and she finally father’s drug-related behavior, and also the
succeeded in part, when her husband and child psychiatrist found that Reymond is still not
returned to the States and appeared in court. completely cured of the drug addiction.
The trial judge found it advisable to place the However, the psychiatrist did not detect any
child under the mother’s custody pending the evidence that the paternal visits would be
hearing. At the hearing, both were found to be harmful to the children. Based on this, the court
fit. granted custody to Lourdes and visitation rights
- Ann was found to be very intelligent and suffers to Reymond.
no emotional damage. The wife requested for
the judge to take notice of the threat of war in ISSUE: WON the court properly resolved the issue of
Israel, while the husband argued that the states custody
had more violence and engaged in much more
wars. HELD: No. The fundamental policy of the State to
promote and protect the welfare of the children shall
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HELD: No. the court set forth the rule regarding the
presumption of primary caretaker. The court held
that the primary caretaker is one who performs the
following caring and nurturing duties of the parent:
1. preparing and planning of meals 2. Bathing and
grooming and dressing, 3. purchasing, cleaning and
care of clothes, 4. medical care, 5. arranging for
social interaction among peers after school, 6.
arranging alternative care, 7. putting child to bed at
night, attending to child in the middle of the night,
waking child in the morning, 8. disciplining, 9.
educating, and, 10. teaching elementary skills. Once
the primary caretaker is identified, all that need to
be determined is whether the parent is unfit or not.
In this case, it is obvious that Gwen is the primary
caretaker. There is no finding which points that Gwen
is unfit. In fact, all of the evidence indicates that she
mobilized all of the resources at her command,
namely the solicitous regard of her grandparents, in
the interest of this child and that she went to
extraordinary lengths to provide for him adequate
medical attention and financial support.
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(Mnookin article)
2
Summary by Krissy Conti
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FC, Art 225 The father and the mother shall jointly exercise legal guardianship over the property of the unemancipated
Who
common child without the necessity of a court appointment. In case has authority
of disagreement, theover the
father's child’s
decision property?
shall prevail, unless
there is a judicial order to the contrary. 1. parents unless minor or disinherited by
ascendant
Where the market value of the property or the annual income of 2. parental
the child authority
exceeds P50,000, the parent concerned shall be
required to furnish a bond in such amount as the court may determine, but not less than ten per centum (10%) of the value of
the property or annual income, to guarantee the performance of the obligationsvprescribed
SALIENTES ABANILLA for general
(2006)guardians.
500 SCRA 128
A verified petition for approval of the bond shall be filed in the proper court of the place where the child resides, or, if the child
resides in a foreign country, in the proper court of the place where - theMarie Antonette
property ♥ Loran
or any part thereofisLorenzo
situated.Emmanuel
- The family lives with the wife’s parents.
The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding the performance of
the obligations referred to in the second paragraph of this Article shallHowever, Loran
be heard and cannot get along with his in-laws
resolved.
so he urges his wife to leave and transfer to their
The ordinary rules on guardianship shall be merely suppletory exceptownwhenplace. Marie
the child refuses
is under so Loran
substitute leaves
parental alone. or
authority,
- the
the guardian is a stranger, or a parent has remarried, in which case Loran wasrules
ordinary prevented from seeing
on guardianship his childn. So
shall apply.
he filed a petition for writ of habeas corpus for
his 2 yo child.
FC, Art 226 The property of the unemancipated child earned or acquired
- with his work
CA dismissed hisorcase
industry or by onerous
because WHC isorresorted
gratuitous
title shall belong to the child in ownership and shall be devoted exclusively to the latter's
to in cases where support
rightfuland education,
custody unless the
is withheld
title or transfer provides otherwise.
from a person entitled thereto.
The right of the parents over the fruits and income of the child's property shall be limited primarily to the child's support and
secondarily to the collective daily needs of the family. ISSUE: WON a father may be deprived to see his son
herein, Francisco Pilapil as the trustee during her something goes wrong you’re liable for it. If you get
minority. Upon his deaths, the proceeds were given involved too much, you’re being too intrusive and
to the brother. stunts your child’s growth.
- Mother prays for appointment as the administrator
in her capacity as the natural parent. Uncle resists LINDAIN v CA (1992)
invoking the terms of the insurance policy. 212 SCRA 725
- Dolores Luluquisin, acting as a guardian of her
ISSUE: Who between the mother and the uncle has minor children, sold a land registered in the
the right to administer the child’s property? name of her children to the private respondents
Apolonia Valiente and Federico Ila for P2000.
HELD: The mother. Art 320 and 321 of CC says that - They assert that the value can be validly sold
the father, in his absence, the mother is the legal without written court approval because the
administrator of the property of the child. There is no property was less than P2000.
ambiguity in the law, so apply it if the facts are not - Even if the sale was invalid, the petitioners’ right
disputed. to redeem has already prescribed because it is
only allowed until four years after reaching age
LIBI v IAC (1992) of majority
214 SCRA 816
- Julie Ann Gotiong (18 yo, 1st year Commerce ISSUE: WON judicial approval was necessary for the
student at University of San Carlos, Cebu) and sale of minor’s property by the mother
Wendell Libi (18-19) were sweethearts.
- Julie broke up with Wendell because he was HELD: Yes. Sale of minor children's property
sadistic and irresponsible. Wendell attempts to executed by the mother is void. Judicial approval is
reconcile with her but to no avail. So he resorts necessary because the powers and duties as legal
to threatening Julie who in turn, sought the help administrator are only powers of possession and
of her best friend Malou Alfonso in whose house management; no power to mortgage, encumber or
she stayed to avoid her ex-bf. dispose. Also, the action for reconveyance of
- Julie and Wendell died from a single gunshot immovable prescribe only after 30 years.
inflicted by a revolver licensed in the name of
Wendell’s father, Cresencio Libi (the petitioner). PEOPLE v SILVANO (1999)
- No eyewitness account so the parents of the two 309 SCRA 362
parties presented their own theories. - It is not for the humans to ravish what they
- GOTIONG VERSION OF THE STORY: Wendell killed produced. Sheryl Silvano, a beautiful and tall
their daughter, the committed suicide. mestiza, 16 yo was raped by her father as a
- LIBI VERSION OF THE STORY: Wendell was an punishment for her coming home late. She has
informer of the Constabulary Anti-Narcotics Unit been raped since she was 13 yo old. And only
(CANU), so an unknown and antagonized third told her mother and grandmother about it when
party killed him and included Julie to eliminate she was being compelled to return to their home
any witnesses. (she left their home and stayed at her lola’s
- The Gotiongs filed a civil case against the Libis house).
to recover damages for their daughter’s death - Father submits many arguments like: he couldn’t
have possibly raped the child because the room
ISSUE: WON the parents of the Wendell are liable for was cramped, that his wife just wants to severe
the damages marital ties with him, that if he did rape her it
would have woke up her two brothers who are
HELD: Yes. Parents are primary liable for damages sleeping in the same room.
caused by minor children from quasi-delicts and - He was merely teaching her sex education.
criminal offenses except when they exercised due
diligence. In this case, parents did not exercise due ISSUE: WON raping is justified form of punishment
diligence since the son gained access to the key of
the safety deposit box where gun was (mother just HELD: No! Sex with one's own child is per se
kept it in her bag, to the knowledge of the son) and abhorrent and can never be justified as a form of
their ignorance to the nature of his job as evidence parental punishment. It is detrimental to the child’s
by the picture of him with a gun given to Julie Ann. moral development and well-being. His arguments
Also, the Libi’s theory is untenable because they did are likewise untenable because any noise that they
not file a case against the alleged malefactor of their would have produced is disguised as a form of
son, there were only two bullets used and no paraffin parental reproach. DEATH ROLL!
test was conducted because of the hasty interment.
SHIELDS v GROSS (1983)
* Ma’am Beth recognizes the impulse of teen-agers 58 NY 2d 338
to have a life unknown from their parents. Mahirap - Brooke Shields wants to revoke a contract entered
talagang maging magulang, if you don’t know what into by her mother when she was just 10 years old.
your child is doing, you’re a bad parent and if
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The contract was for a modeling session wherein she FC, Art 216 In default of parents or a judicially appointed guardian, th
was made to pose nude in a bath tub. authority over the child in the order indicated.:
1. surviving grandparent, as provided in Art 214
ISSUE: WON a child upon reaching age of majority 2. oldest brother or sister, over 21 yo, unless unfit or disqualified
may disaffirm a contract entered into by her parent 3. child’s actual custodian, over 21 yo, unless unfit or disqualifie
whenever the appointment of a judicial guardian over the property
HELD: No. Neither was judicial approval of the preference shall be observed.
contract was necessary because this was only
required of child performers which by statutory SUBSTITUTE SPECIAL PARENTAL
definition excludes child models. PARENTAL AUTHORITY
AUTHORITY
The decision balanced two interests, that of: Grandparents, oldest School, administrators
1. the child: not pornographic sibling or court appoint and teachers
(????) guardian
2. stability of commercial Exercised in case of Exercised concurrently
transactions death, absence or with the exercise of
unsuitability of parents parental authority
SILVA v CA & GONZALES (1997) Subsidiarily liable for if Principally and solidarily
275 SCRA 60 damages caused by act liable for damages
- Carlitos Silva (a married businessman) cohabited or omission under the caused by act or
with Suzanne Gonzales (an actress) and begot supervision of people omission of minor under
two children, Ramon Carlos and Rica Natalia with special parental their custody,
- Because the wife resumed her acting career authority supervision or
(though wife contends that she did not stop) instruction
they separated Law is silent about Cannot inflict corporal
- Mother refuses to allow father the children’s prohibition of corporal punishment on the
company on weekends and says that he is into punishment minor
gambling and womanizing which she fears might
affect the values of the children FC, Art 217 In case of foundlings, abandoned, neglected or abused ch
- RTC gave visitation rights to the father authority shall be entrusted in summary judicial proceedings to he
- Mother remarries a Dutch national and goes to institutions duly accredited by the proper government agency.
Holland with kids.
- CA denies custodial rights to father and asks for
ABANDONED CHILD is one who has no parental care
self-sacrifice, saying that rotational custody is
of guardianship or whose parents or guardian have
harmful to the children, especially if they see
deserted him for at least six months
that the father has another family. If he really
loves his children, he will give them what is best
for them, even if it means he will not see them. FC, Art 218 The school, its administrators and teachers, or the individ
Besides, illegitimate children should be under special parental authority and responsibility over the minor child while
the parental authority of the mother.
Authority and responsibility shall apply to all authorized activities whe
or institution.
ISSUE: WON the father may be deprived of visitation
rights
FC, Art 219 Those given the authority and responsibility under the pre
HELD: No. Provisions on inherent and natural right is for damages caused by the acts or omissions of the unemancipated
regardless of legitimacy. Besides, Art 49 FC may be exercising substitute parental authority over said minor shall be subsid
applied here (visitation rights of void ab initio
The respective liabilities of those referred to in the preceding paragrap
marriages). The consequences are merely the
proper diligence required under the particular circumstances.
product of the unfounded imagination of the judge.
Besides, the RTC gave safeguards to the visitation All other cases not covered by this and the preceding articles shall be g
rights: “cannot take out children without the delicts.
mother’s consent”.
CC, Art 2180 The father and, in case of his death or incapacity, the m
minor children who live in their company.
B. Substitute and Special Guardians are liable for damages caused by the minors or incapacitate
company.
Parental Authority
Lastly, teachers or heads of establishments of arts and trades shall be
or apprentices, so long as they remain in their custody.
The responsibility treated of in this article shall cease when the perso
diligence of a good father of a family to prevent damage.
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court appointment. The grandmother did not FC, Art 231 The court in an action filed for the purpose in a related ca
present any reason to contest Helen’s fitness to the person exercising the same:
hold parental authority.
- Ten years later or in 1998, Bonifacia brought the 1. Treats the child with excessive harshness or cruelty;
case to SC saying that Helen is morally unfit as 2. Gives the child corrupting orders, counsel or example;
guardian because her live-in partner raped 3. Compels the child to beg; or
Valerie several times and that her status as an 4. Subjects the child or allows him to be subjected to acts of lasc
expatriate is not a statutory requirement for The grounds enumerated above are deemed to include cases which h
guardianship. the person exercising parental authority.
ISSUE: WON the grandmother may be granted If the degree of seriousness so warrants, or the welfare of the child s
guardianship of the two children instead of the parental authority or adopt such other measures as may be proper und
mother.
The suspension or deprivation may be revoked and the parental auth
same proceeding if the court finds that the cause therefor has ceased a
HELD: OF COURSE NOT. As the Court held in Santos,
Sr. v CA, parents have the preferential right to the
custody of their children especially if there is FC, Art 232 If the person exercising parental authority has subjected t
continuous parental authority. Grandparents are only abuse, such person shall be permanently deprived by the court of such
resorted to in case the parent is absent, dead or
proved to be unsuitable. Bonifacia did not present
convincing evidence showing that Helen is unfit to FC, Art 233 The person exercising substitute parental authority shall h
be Vincent’s guardian (Valerie already turned 18 by the parents.
1998, ergo guardianship for her is moot). Also her
In no case shall the school administrator, teacher of individual engag
expatriate status disqualifies as a substitute
inflict corporal punishment upon the child.
guardian because 1) she resides in the US (plus the
fact that her libel case here in the Philippines would
give her second thoughts on coming back) and 2) TERMINATION – permanent
her old age, she will merely delegate guardianship SUSPENSION – temporary
duties to someone else who may not qualify as a a. ipso facto if with civil interdiction (reclusion
guardian. Besides, Vincent only has 2 years before temporal, perpetua or death)
emancipation. CA DECISION AFFIRMED. terminated by:
i. service of penalty
ii. amnesty or pardon
b. judicial decree
interest of the child, Flora Cabangbang should retain Alejandro filed annulment of their wedding and
custody. brought his children to his mother.
- During the pendency of the annulment
COMPARED WITH CELIS v CAFUIR, Celis did not lose proceeding, Alejandro died as a policeman.
communication with her child during the time that
Cafuir had custody of her child. ISSUE: WON Maria Cortes may have custody of her
children?
ABIERA v ORIN (1907)
8 Phil 193 HELD: No. she had insufficient means to support the
Parents children and the fact that she had been found guilty
of adultery, she has corrupt moral values harmful to
the welfare of the minors. Grandmother retains
custody.
Miguel Vicenta Mario Petra Juan
*Cortes is a very old case and would not be the same
Sebastia if decided today. In the olden days, females are
n judged by her womb, all these laws reflect that she’s
just a wife and mother, not a person.
Vicenta, Mario and Petra were brothers and sisters.
Vicenta was married to Miguel; Petra to Juan. When
Vicenta died, Miguel, Mario and Juan entered into an
agreement covering the disposition of the properties
left by Vicenta; Mario and Juan were representing
their children, who are the heirs of Vicenta.
Sebastian, son of Petra and Juan filed a complaint as
special administrator of his deceased father, alleging
that Miguel has not complied with the said
contract/agreement.
CC, Art 357 Every child shall: CC, Art 376 No person can change his name or surname
1. obey and honor parents or guardian without judicial authority.
2. respect grandparents, old relatives and persons * Repealed by RA No. 9048 – Correction of clerical or
holding substitute parental authority typographical error without need of judicial order
3. exert utmost for education and training
4. cooperate with the family in all matters that
make for the good of the same - Not allowed if it will sow confusion on paternity
and successional rights
* Duties of the child - When father changes his name, there are no
* Compare with Art 4 of PD 603 effects on children. However, children may elect
to change their names on a separate petition
CC, Art 358 Every parent and every person holding upon emancipation. The father can also include
substitute parental authority shall see to it that the rights their minor children in his petition.
of the child are respected and his duties complied with, - Change of name shall have no effect on: family
and shall particularly, by precept and example, imbue the relations, family rights and duties, legal capacity
child with high-mindedness, love of country, veneration like civil status or citizenship.
for the national heroes, fidelity to democracy as a way of - Change of name is done in a proceeding in rem.
life and attachment to the ideal of permanent world
peace.
FC, Art 129
CC, Art 359 The government promotes the full growth of (8) The presumptive legitimes of the common children
the faculties of every child. For this purpose, the shall be delivered upon partition in accordance with Art
government will establish, whenever possible: 51.
1. schools in every barrio, municipality and city
where the optional religious instruction shall be FC, Art 211 Par 2 Children shall always observe respect
taught as a part of the curriculum at the option and reverence towards their parents and are obliged to
the parent or guardian obey them as long as the children are under parental
2. puericulture and similar centers authority. (17a, PD 603)
3. Council for the Protection of Children
4. juvenile courts FC, Art 213 In case of separation of the parents, parental
authority shall be exercised by the parent designated by
the Court. The Court shall take into account all relevant
CC, Art 360 The Council for the Protection of Children considerations, especially the choice of the child over
shall look after the welfare of children in the municipality. seven years of age, unless the parent chosen is unfit.
It shall, among other functions:
1. foster the education of every child in the No child under seven years of age shall be separated from
municipality the mother unless the court finds compelling reasons to
2. encourage the cultivation of the duties of parents order otherwise.
3. protect and assist abandoned or mistreated
children and orphans * “Separation” in this article applies both to de facto
4. take steps to prevent juvenile delinquency and legal separation
5. adopt measures for the health of children
6. promote the opening and maintenance of
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FC Art 226 The property of unemancipated child earned PD 603 Art 3 Rights of the Child. - All children shall be
or acquired with his work or industry or by onerous or entitled to the rights herein set forth without
gratuitous title shall belong to the child in ownership and distinction as to legitimacy or illegitimacy, sex, social
shall be devoted exclusively to the latter’s support and status, religion, political antecedents, and other
education, unless the title or transfer provides otherwise. factors. Every child has the right to:
(1) is endowed with the dignity and worth of a
The right of the parents over the fruits and income of the
human being from the moment of his
child’s property shall be limited:
conception, as generally accepted in medical
1. primarily, child’s support
2. secondarily, collective daily needs of the family parlance, and has, therefore, the right to be born
well.
(2) a wholesome family life that will provide him
with love, care and understanding, guidance and
counseling, and moral and material security.
- Dependent or abandoned child: shall be
provided with the nearest substitute for
a home.
(3) a well-rounded development of his personality to
the end that he may become a happy, useful
and active member of society.
- Gifted child shall be given opportunity and
encouragement to develop his special
talents.
- Emotionally disturbed or socially
maladjusted child shall be treated with
sympathy and understanding, and shall be
entitled to treatment and competent care.
- Physically or mentally handicapped child
shall be given the treatment, education
and care required by his particular
condition.
(4) a balanced diet, adequate clothing, sufficient
shelter, proper medical attention, and all the
basic physical requirements of a healthy and
vigorous life.
(5) be brought up in an atmosphere of morality and
rectitude for the enrichment and the
strengthening of his character.
(6) an education commensurate with his abilities
and to the development of his skills for the
improvement of his capacity for service to
himself and to his fellowmen.
(7) full opportunities for safe and wholesome
recreation and activities, individual as well as
social, for the wholesome use of his leisure
hours.
(8) protection against exploitation, improper
influences, hazards, and other conditions or
circumstances prejudicial to his physical,
mental, emotional, social and moral
development.
(9) live in a community and a society that can offer
him an environment free from pernicious
influences and conducive to the promotion of his
health and the cultivation of his desirable traits
and attributes.
(10)the care, assistance, and protection of the State,
particularly when his parents or guardians fail or
are unable to provide him with his fundamental
needs for growth, development, and
improvement.
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25 by the State by reasons of care, protection or 38 feasible measures to ensure that children under 15
treatment is entitled to have that placement years of age have no direct part in hostilities. No
evaluated regularly. child below 15 shall be recruited into the armed
Art Social security – The child has the right to benefit forces. States shall also ensure the protection and
26 from social security including social insurance. care of children who are affected by armed conflict
Art Standard of living – Every child has the right to a as described in relevant international law.
27 standard living adequate for his or her physical, Art Rehabilitative care – The State has an obligation to
mental, moral, spiritual, and social development. 39 ensure that child victims of armed conflicts, torture,
Parents have the primary responsibility to ensure neglect, maltreatment or exploitation receive
that the child has an adequate standard of living. appropriate treatment for their recovery and social
The State’s duty is to ensure that this responsibility reintegration.
can be fulfilled and is. State responsibility can Art Administration of juvenile justice – A child in conflict
include material assistance to parents and their 40 with the law has the right to treatment which
children. promotes the child’s sense of dignity and worth,
Art Education – The child has a right to education and takes the child’s age into account and aims at his
28 the State’s duty is to ensure that primary education or her reintegration into society. The child is
is free and compulsory to encourage different forms entitled to basic guarantees as well as legal or
of secondary education accessible to every child other assistance for his or her defense. Judicial
and to make higher education available to all on proceedings and institutional placements shall be
the bases of capacity. School discipline shall be avoided wherever possible.
consisted with the child’s rights and dignity. The Art Respect for higher standards – Wherever standards
State shall engage in international co-operation to 41 set in applicable national and international law
implement this right. relevant to the rights of the child that are higher
Art Aims of education – Education shall aim at than those in this Convention, the higher standard
29 developing the child’s personality, talents and shall always apply.
mental and physical abilities to the fullest extent. Art The State’s obligation to make the rights contained
Education shall prepare the child for an active adult 42 in this Convention widely known to both adults and
life in a free society and foster respect for the children.
child’s parents, his or her own cultural identity,
language and values, and for the cultural The Child is Not a Person: Family Law and
background and values of others. other Legal Cultures (Caroline Sawyer)3
Art Children of minorities or indigenous populations –
30 Children of minority communities and indigenous
populations have the right to enjoy their own Paradigms of the Child
culture and to practice their own religion and 1. Family Law
language. 2. Property Law
Art Leisure, recreation and cultural activities. – The 3. Children’s Obligation – Tort and Contract
31 child has the right to leisure, play and participation
in cultural and artistic activities. Confusion between the capacity of a person to be
Art Child labor – The child has the right to be protected
the subject of rights and obligations (legal
32 from work that threatens his or her health,
education or development. The State shall set personality) and the capacity of that person to take
minimum ages for employment and regulate action which produces legal effects (legal capacity)
working conditions.
Art Drug abuse – Children have the right to protection
33 from the use of narcotic and psychotropic drugs
and from being involved in the production or E. Parents versus Children –
distribution.
Art Sexual exploitation – The State shall protect When rights clash
34 children from sexual exploitation and abuse,
including prostitution and involvement in STRUNK v STRUNK (1969)
pornography. 445 S. W. 2d 145 | CA of Kentucky
Art Sale, trafficking and abduction – It is the State’s Tommy (28) and Jerry (27) Strunk are brothers. Tom
35 obligation to make every effort to prevent the sale, is suffering from chronic glomerulus nephritis, a fatal
trafficking and abduction of children.
Art Other forms of exploitation – the child has the right
kidney disease, and requires a kidney transplant.
36 to protection from all forms of exploitation Jerry, an incompetent with the mind of a 6 year old
prejudicial to any aspects of the child’s welfare and a speech defect (severely retarded with IQ of
covered in Articles 32, 33, 34 and 35. 35), is the only viable donor for the operation. The
Art Torture and deprivation of liberty – No child shall be mother as a committee secures court consent for the
37 subjected to torture, cruel treatment or operation. Both the Department of Mental Health
punishment, unlawful arrest or deprivation of and psychiatrist find Jerry is emotionally dependent
liberty. Both capital punishment and life
on Tom such that his death would be more
imprisonment without the possibility of release are
prohibited for offenses committed by persons below detrimental and traumatic for him than the loss of
18 years. Any child deprived of liberty shall be one kidney. Guardian ad litem questions authority of
separated from adults unless it is considered in the the State to approve the procedure.
child’s best interests not to do so. A child who is
detained shall have legal and other assistance as
well as contact with the family.
Art Armed conflicts – State parties shall take all 3
Summary by Krissy Conti
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ISSUE: WON a court of equity may approve the exhausted. The mother also did not provide clear
operation for the incompetent. and convincing evidence as to the necessity of
irreversible sterilization. That Valerie is capable of
HELD: YES! The doctrine of substituted judgment pregnancy, that other brands of pills were
applies which means that where the legal disability administered and that other means of administering
of the individual is shown, the jurisdiction of the contraceptive pill were attempted.
court is plenary and potent to afford whatever relief
may be necessary to protect his interests and JOHNSON v CALVERT (1993)
preserve his estates. Such rule has not only been 851 P. 2d 776 - SUPRA
extended to cover matters of property but also of
personal affairs of the incompetent. GILLICK v WEST NORFOLK & WISBECH AREA
HEALTH AUTHORITY (1985)
It is also important to note here the questioned 3 All E. R. 402
ruling of the circuit court. Therein the operation was Victoria Gillick wrote to area health authority asking
approved because it was held to be for the “best for assurance that her daughters aged 13, 12, 10
interest of the incompetent.” The testimony of the and 5 will not be given contraceptive advice and
psychiatrist held that Tommy was indispensable for treatment without her consent. The reply to the
the welfare of Jerry because he is the only living letter stated that they cannot give such assurance
sibling Jerry has. For Jerry only those who are able to because the final decision must be for the doctor’s
communicate intimately with him can help in his clinical judgment.
mental treatment, and in most cases these are
members of his family. Tom is important to him in Gillick again asked for a declaration from the office
that he can identify himself with him. Tom is his that it will not provide minors under 16 years old
model, his tie with his family thus his life is vital to with contraceptive advice and treatment without
his improvement at the asylum. Considering that informing the parents but the health authority was
their parents are in their fifties, it would be in the steadfast. They argued for the patient-doctor
best interest of Jerry’s welfare if Tommy were to confidentiality and that if this principle is abandoned,
survive. minors might not seek professional advice at all. This
will lead to consequences such as unwanted
CONSERVATORSHIP OF VALERIE N. pregnancies, STD and high risk abortions.
aka Mildred G. v Valerie N. (1985)
707 P. 2d 760 | SC of California She contends that permitting minors to disregard
Valerie N (29), is inflicted with Down Syndrome and their parent’s consent undermines parental
has an IQ of 30. She lives with her mother and her responsibility and family stability.
stepfather. The mother instituted a court proceeding
for appointment as conservators and requested for ISSUE: WON doctors can lawfully give contraceptive
additional powers to sterilize Valerie through tubal advice and treatment to minors without parental
ligation (salpingectomy). consent (the extent of a parent’s right and duties
with respect to the medical treatment of a girl under
According to the mother, sterilization was necessary 16 years old)
because Valerie is sexually aggressive at the sight of
men (kiss, hug, climb and sit on their laps). Though HELD: NO. Girls under 16 can give no valid consent
she is not sexually active for being under close to anything in the areas under consideration which
watch, she masturbates excessively. Her mother apart from consent would constitute an assault,
fears the day when she will no longer be able to look whether civil or criminal, and can impose no valid
after her daughter. She also went through prohibition on a doctor against seeking parental
unsuccessful behavior modification, tried to ingest consent.
contraceptive pills but rejected it eventually and
would not cooperate in pelvic examination for intra- CURTIS v SCHOOL COMMITTEE (1995)
uterine device. 652 N. E. 2d 580 | SC of Massachussetts
Parents contend the condom availability program in
Lower court granted conservatorship but not a public school where senior and junior high school
authority to sterilize the incompetent. students may obtain condoms for free in the nurse’s
office and for 75 cents in the vending machine in
ISSUE: WON conservators can give consent to their CR. Condoms are given away with counseling
sterilization on behalf of their incompetent wards from nurse and pamphlet about HIV/AIDS and STD,
with authorities stressing the importance of
HELD: No. Although the repeal of the statutes abstinence as the best method to avoid STD.
regarding asexualization of mentally challenged
individuals have been declared unconstitutional for The program did not provide for an “opt out” nor
violating their due process and equal protection parental notification wherein parents would be
rights, conservators still may not be authorize to notified of their children’s request for condoms.
conduct the procedure unless all means have been
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IN RE EDWARD C. (1981)
178 Cal. Rptr. 694 | CA of California
The appeal instituted by spouses Edmond and
Deborah to regain custody of their two sons Edward
and Eric who were previously declared “dependent”
children.
ISSUE: WON the dependency of children is a - However, the presiding judge went on leave
violation of constitutional right of privacy of the effect June 1. But the new presiding judge issued
family decision in favor of the mother on May 31.
HELD: NO. The parental doctrine and child’s best ISSUE: WON the RTC has jurisdiction over habeas
interest are usually compatible but when they clash, corpus petitions.
the latter is protected by the legal system. The
finding on Marlee’s case is admissible to Eric and HELD: Yes. RA 8369 did not divest RTC jurisdiction
Edward. The fact that the sons witnessed the vicious over such cases.
beatings as command of the Lord may inhibit their
healthy emotional development. Until the parents MADRINAN v MADRINAN (2007)
cooperate to counseling program, reunification of 527 SCRA 487
the family will be detrimental to the welfare of the
minors. - Felipe ♥ Francisca three sons and a daughter
Romnick, Phillip, Francis Angelo and Krizia Ann
PRINCE v MASSACHUSSETTS (1944) - The couple had a quarrel so he took the sons
321 US 158 | SC of Massachusetts with him to Ligao, Albay and then to Sta. Rosa,
- Sarah Prince, a member of the Jehovah’s Witness Laguna. Wife sought the help of the parents and
is a mother to two sons and the guardian of the parents in law, and even the Lupong
minor Betty Simmons Tagapagpamayapa to make peace with the
- One night she went one to distribute Watchtower husband, but to no avail.
and Consolation, fulfilling one of her religious - She alleges that the travel disrupted the
obligations education of the children and deprived them of
- She used to bring along her kids but upon maternal care.
reprimand by Peskins because it violates the - They accused each other that their respective
statute law against child labor and employment, parents always meddle with their family affairs.
she ceased to take her children with her. - Mother is unfit because she is always drunk and
However, Betty Simmons insisted to come that would come home late at night from the
particular night. beerhouse. She neglected her duties as a
mother.
ISSUE: - Father, a tricycle driver, drove mother out, and a
1. WON the religious act of selling their gambler, drug addict and alcoholic himself.
magazines violate the statute
2. WON the presence of parent will exempt ISSUE: WON CA has jurisdiction regarding writ of
them from punishment habeas corpus under Sec 5 (b) of RA 8369
F. Summary Procedure
REYES-TABUJARA v CA (2006)
495 SCRA 844
- Ivy Joan ♥ Ernesto Carlos Iñigo
- The separated and custody battle ensued. Dad
initially won. Mother files a consolidated petition
for writ of habeas corpus and Anti-VAWC.