2.

Insanity
Insanity includes many forms of mental disease, either inherited or acquired. A person may not be
insane but only mentally deficient (idiocy, imbecility, feeblemindedness).

Effect on Contracts—
a. incapacity to give consent to a contract [Art 1327(2), CC]
b. contracts entered into during lucid intervals are valid (Art. 1328, CC)
c. restitution of benefits (Art 1399, CC)

Effect on Crimes—
a. General rule: EXEMPTED from criminal liability
b. Exception: acted during lucid interval

Effect on Marriage—
a. may be annulled if either party was of unsound mind unless the such party after coming to reason,
freely cohabited with the other [Art 45(2), FC]
b. action for annulment of marriage must be filed by the sane spouse who had no knowledge of the
other’s insanity; or by any relative/guardian of the insane; or by the insane spouse during a lucid interval
or after regaining sanity [Art 47(2), FC]

3. State of Being Deaf-Mute

a. cannot give consent to a contract if he/she also does not know how to write [Art 1327(2), CC]
b. can make a valid WILL, provided: the contents of the same have either been read personally by him
or communicated to him by 2 persons (Art 807, CC)
c. cannot be a witness to the execution of a will (Art 820, CC)

4. Prodigality
Martinez v. Martinez, (1902)—
A spendthrift or a prodigal is “a person, who, by excessive drinking, gambling, idleness or debauchery of
any kind shall so spend, waste or lessen his estate as to expose himself or his family to want or
suffering.” The acts of prodigality must show a morbid state of mind.
Note: It is not the circumstance of prodigality, but the fact of being under guardianship that
restricts capacity to act.

5. Civil Interdiction
a. It is an accessory penalty imposed upon persons who are sentenced to a principal penalty not
lower than reclusion temporal (article 41, Revised Penal Code).
b. offender is deprived of rights of parental authority, or guardianship, of marital authority, of the right to
manage his property and of the right to dispose of such (Art 34, RPC)
c. for the validity of marriage settlements, the participation of the guardian shall be indispensible (Art
123, CC)

6. Family Relations
a. justifying circumstanceif acted in defense of person/rights of spouse,
ascendants, descendants, brothers/sisters, and other relatives up to the 4th civil degree [Art 11(2), RPC]
b. mitigating circumstance if acted in the immediate vindication of a grave offense/felony committed
against his spouse, ascendants or relatives of the same civil degree [Art 12(5), RPC]
c. incestuous and void marriages:
between ascendants and descendants of any degree;
between brothers and sisters, whether full or half-blood. (Art 37, FC)
d. donations/grants of gratuitous advantage between spouses during the marriage shall be VOID,
except moderate gifts during family occasions (Art 87, FC)
e. descendants cannot be compelled to testify in a criminal case, against his parents and
grandparents
 UNLESS: crime was against the descendant OR by one parent against the other (Art 215, FC)
f. spouses cannot sell property to each
other, except:
absolute separation is agreed upon in the marriage settlements
judicial separation of property (Art 1490, CC)

7. Absence
Article 390, Civil Code. After an absence of seven years, it being unknown whether or not the absentee still
lives, he shall be presumed dead for all purposes, except for those of succession.
The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of
ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order
that his succession may be opened. (n)

Art. 391, Civil Code. The following shall be presumed dead for all purposes, including the division of the estate
among the heirs:
1. A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been
heard of for four years since the loss of the vessel or aeroplane;
2. A person in the armed forces who has taken part in war, and has been missing for four years;
3. A person who has been in danger of death under other circumstances and his existence has not been known
for four years.

Article 124, FC—

a. administration and enjoyment of the CPG shall belong to both spouses jointly
b. in case of disagreement, husband’s decision shall prevail, subject to recourse to the court by the wife
for proper remedy
c. if one spouse is incapacitated/unable to administer, sole powers of administration may be assumed
by the other spouse.
d. General Rule: This power does not include disposition/encumbrance.
Exception: judicial authority or written consent of other spouse

Chapter II. Citizenship and Domicile

(asked in ’75, ’81, ’87, ’93, ’05 and ’08 bar
exams)
I. Who are Filipinos
1. Those who are citizens of the Philippines at the time of the adoption of the 1987
Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority; and
4. Those who are naturalized in accordance with law. (Art IV, §1, 1987 PhilippineConstitution)
Note: These have superseded the rules on
citizenship enumerated in the Civil Code.
Citizen = owes allegiance to the state and is entitled to its protection
II. Domicile
For Natural Persons— the place of their habitual residence (Art. 50, CC).
For Natural Persons— the place where their legal representation is established, or where they
exercise their primary functions, unless there is a law or other provision that fixes the domicile (Art.
51, CC).
Domicile vs. Residence— While domicile is permanent (there is intent to remain), residence is
temporary and may be changed anytime (there is no necessary intent to remain).
________________
A. Requisites of Domicile (Callejo v. Vera)
1. Physical Presence
2. Intent to remain permanently (animus manendi)
B. Kinds of Domicile
1. Domicile of Origin
Domicile of parents of a person at the time he was born.
2. Domicile of Choice
Domicile chosen by a person, changing his domicile of origin.
A 3rd requisite is necessary – intention not to return to one’s domicile as his
permanent place.
3. Domicile by Operation of Law (i.e., Article 69, domicile of minor)
Romualdez-Marcos vs. Comelec (1995)— A married woman does not lose her domicile to her
husband.

I. Definition and Nature of Marriage

Definition of Marriage (Art 1 FC)—
What SPECIAL CONTRACT of permanent union
Who Between a MAN and a WOMAN
How Entered into in accordance with LAW
Purpose Establishment of CONJUGAL andFAMILY life
Significance FOUNDATION of the family and an INVIOLABLE SOCIAL INSTITUTION whose nature,
consequences and incidents are governed by law and not subject to stipulations EXCEPT that marriage settlements
may fix the property relations during the marriage within the limits provided by this code.

Breach of Promise to Marry —

1. As a general rule breach of promise to marry is not an actionable wrong
(Tanjanco v CA, Wassmer v Velez) and cannot give rise to liability for damages in line with the
principle of freedom of consent in marriage (Art 2(2) Family Code). (Reyes)
2. However damages may be claimed based on the principles laid down in Art 19-21 & 2176 of the CC

Art. 19, Civil Code. Every person must, in the exercise of his rights and in the performance of his duties, act with
justice, give everyone his due, and observe honesty and good faith.
Art. 20, Civil Code. Every person who, contrary to law, wilfully or negligently causes damage to another shall
indemnify the latter for the same.
Art. 21, Civil Code. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals,
good customs or public policy shall compensate the latter for the damage.
Art. 2176, Civil Code. Whoever by act or omission causes damage to another, there being fault or negligence, is
obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between
the parties, is called a quasi-delict and is governed by the provisions of this Chapter.

EXPENSES or other incidents that directly arose from the contract to marrycan be claimed IF the
breach of promise was done in a manner considered as contrary to morals, good customs or public
policy (cost of wedding preparations). (Wassmer v Velez)
LOST WAGES arising from voluntary dismissal in anticipation of marriage can be sued for. (Tanjanco
v CA)
EXPENSES made for the renovation of an anticipated conjugal home can be sued for. (Piccininni v.
Hajus-US Jurisprudence)

II. Requisites of Marriage

A. Essential Requisites of Marriage
Essential Requisites [LC]—
1. Legal Capacity of the contracting parties, who must be a male and a female
2. Consent (of the parties) freely given in the presence of a solemnizing officer. (Art. 2 FC)
Legal Capacity—
Male or female>=18, not under any impediments mentioned in Art 37 (incestuous marriage) & Art 38
(marriage against public policy), may contract marriage. (Art 5)

Must be Male and Female—

1. Jones v Hallahan, (1973): Application for marriage license was denied since marriage is defined by law
as a contract entered into between a man and a woman.
2. Silverio v Republic, (2007): Changing of gender in one’s birth certificate was denied; otherwise, it would
result in confusion and would allow marriage between persons of the same sex which is in defiance of the
law, as marriage is a union between a man and a woman.
Note: The best source for citing the requirement (of male/female) is still statutory, as provided explicitly in
the Family Code.

Consent Freely Given—

to avoid prosecution for rape is void for total lack of consent. The accused did not intend to be married.
He merely used such marriage to escape criminal liability.

Absence and Defect of Essential Requisites—

Absence Defect
Effect VOID VOIDABLE
Illustration - marriage entered into by a person <18 (Art 35 (1)) - consent of either party was
- marriage entered into by persons of the same sex obtained through fraud, force,
(Jones v Hallahan) intimidation or undue influence
- marriage contracted through mistake of one (Art 45 (3) (4)FC)
contracting party as to the identity of the other (Art 35
(5))

B. Formal Requisites of Marriage

Formal Requisites [AVC]—
1. Authority of Solemnizing Officer
2. A Valid marriage License
3. Marriage Ceremony (Art 4 FC)

Authority of Solemnizing Officer—

1. Who may solemnize marriage: (JCSPAMM)
a. Incumbent member of the Judiciary within his jurisdiction. (Art 7 FC)
b. Priest, Rabbi, Imam or Minister of any Church or Religious Sect. Must be:
Duly authorized by his church or religious sect
Registered with the civil registrar general
Acting within the limits of the written authority granted to him by his church or religious sect.
At least one of the contracting parties belongs to the solemnizing officer’s church or religious
sect. (Art 7 FC)
c. Ship Captain or Airplane Chief may solemnize a marriage in articulo mortis between passengers or
crew members (Art 7,31 FC)
d. A Military commander of a unit may solemnize marriages in articulo mortis between persons within the
zone of military operation. (Art 7,32 FC)
e. Consul-general, consul or vice-consul may solemnize marriages between Filipino citizens abroad. (Art
7,10 FC)
f. Municipal and City Mayors (LGC sec 444 and 455)

2. Marriage is void when solemnized by any person not legally authorized to perform
marriages unless either or both parties believed in good faith that the solemnizing
officer had legal authority to do so. (Art 35 (2))
3. Absence & Irregularity of Authority of a solemnizing officer
Absence Irregularity
Effect VOID No effect on validity but party responsible will be
liable.
Illustration No effect on validity but party responsible will - lack of valid notification of both parties desiring a
be liable. ceremony in a remote place was held to be only a
mere IRREGULARITY
(Navarro vs. Domagtoy 1996)

Marriage License—

1. Marriages Exempt from marriage license requirement (AREC)

a. Marriage in Articulo mortis (Art. 27, FC)
b. Marriage in Remote and inaccessible places (Art. 28, FC)
c. Marriages by Muslims and Ethnic cultural minorities provided they are solemnized in accordance with
their customs, rites or practices. (Art. 33, FC)
d. Marriage by parties who have Cohabited for at least 5 years without any legal impediment. (Art. 34, FC,
Ninal v Badayog (2000))

2. Absence & Irregularity of Marriage License

Absence Irregularity
Effect VOID No effect on validity but party responsible
will be liable.
Illustration - Issuance of the Civil Registrar of a - mere IRREGULARITIES in the
CERTIFICATE DUE SEARCH AND INABILITY TO marriage license, such as a
FIND the application of a marriage license means its typographical error, do not affect the
absence, thus rendering the marriage VOID. validity of a marriage.
(Republic v CA) (Alcantara v Alcantara)

- Before a marriage can be solemnized, a valid

marriage license MUST FIRST BE PRESENTED,
otherwise the marriage is VOID.
(Moreno v Bernabe)

3. Things to do at the local civil registrar:

a. File an application of marriage license at the proper local civil registrar. (Art. 11, FC)
b. Present birth or baptismal certificate. (Art. 12, FC)
c. If aged 18-21 years, present parental consent. (Art. 14, FC)
d. If aged 21-25, present parental advice. (Art. 15, FC)
e. If aged 18-25, present certificate of marriage counseling from your priest. (PD 965)
f. Pay the required fees. (Art 19, FC)
g. If foreigner, present certificate of legal capacity issued by diplomat or consular officials. (Art. 21, FC)

Marriage Ceremony—
1. No prescribed form or religious rite for the solemnization of marriage is required. (Art. 6, FC
The couple's written agreement where they declare themselves as husband and wife, signed
by them before a judge and two capable witnesses, even though it was independently made by
them, still counts as a valid ceremony. (Martinez v Tan, 12 Phil 731)
2. Minimum requirements prescribed by law:
(AP-PMS)
a. Appearance of contracting parties personally before the solemnizing officer (Art 3 FC)
b. Personal declaration that they take each other as husband and wife. (Art 3 FC)
c. Presence of at least two witnesses of legal age. (Art 3 FC)
d. The declaration shall be contained in the Marriage certificate. (Art 6 FC)
e. Marriage certificate shall be Signed by the contracting parties and their witnesses and attested by the
solemnizing officer. (Art. 6, FC)
Note: In a marriage in articulo mortis, when one or both parties are unable to sign the marriage certificate,
it shall be sufficient for one of the witnesses to write the name of said party, which shall be attested by the
solemnizing officer.
(Art 6, par. 2)

3. Places where marriage SHALL be solemnized: (CCO)

a. Chambers of Judge or an open court
b. Church, Chapel or Temple
c. Office of the consul general, consul or vice consul (Art. 8, FC)

Exception:
a. Marriages in articulo mortis
b. Marriages in remote places
c. Written request from both parties.

III. Marriages Solemnized Abroad

General Rule—
Marriages solemnized abroad in accordance with the laws in force in that country shall be valid in the
Philippines. (Art 26 FC)

Exceptions—
1. Marriage between persons below 18 years old – Art. 35(1)
2. Bigamous or polygamous marriage – Art. 35(4)
3. Mistake in identity – Art. 35 (5)
4. Marriages void under Article 53 – Art. 35 (6)
5. Psychological incapacity – Art. 36
6. Incestuous marriages – Art. 37
7. Marriage void for reasons of public policy – Art. 38

IV. Presumption of Marriage

1.Presumption in favor of a valid marriage ( Art 220 CC)
2. The presumption that a man and a woman deporting themselves as husband and wife have entered
into a lawful contract of marriage is satisfactory if uncontradicted. (Sec. 3 (aa), Rule 131, ROC)
3. In marriages of exceptional character, the existence of the marriage is presumed, even in the TOTAL
ABSENCE of a marriage license. (Vda. De Jacob v CA, 1999)
4. if a marriage certificate is missing, and all means HAVE NOT YET BEEN EXHAUSTED to find it, then
the marriage is presumed to exist (Sevilla v Cardenas, 2006)
5. Absence of a marriage certificate is not proof of absence of marriage. To prove the fact of marriage,
the following would constitute competent evidence:
(1) the testimony of witnesses to matrimony;
(2) the couple’s public cohabitation; and
(3) birth and baptismal certificates of children born during the union. (Trinidad v CA, 1998)