Civil Law Notes – Bar 2018
by: Kevin John D. Ampuan
GENERAL PRINCIPLES
GR: Ignorance of the law excuses no one from
compliance therewith.
XPN:
1. Mistake upon a doubtful or difficult question of
law
2. Mutual error which results to vitiation of
consent
3. Payment by reason of mistake (solutio indebiti)
Doctrine of Processual Presumption or Doctrine of
Presumed-Identity Approach – if the foreign law
involved is not properly pleaded and proved, our courts
will presume that the foreign law is the same as our local
(domestic or internal) law.
Requisites of a Valid Waiver of Rights
1. He must actually have the right which he
renounces
2. He must have the capacity to make the
renunciation
3. Renunciation must be made in a clear and
unequivocal manner
4. Waiver must not be contrary to law, public
order, public policy, morals or good customs or
prejudicial to a 3rd person with a right
recognized by law
Repeal of Laws
1. Express – contained in the subsequent law
NB: When the repealing law is repealed, the
original law is not revived unless otherwise
provided
2. Implied – requisites: (a) the laws contain the
same SM; and (b) the latter is repugnant to the
earlier
NB: When the subsequent law is repealed, the
original law is revived unless otherwise
provided
Stare Decisis – a point of law already established will,
generally, be followed by the same determining court
and by all courts of lower rank in subsequent cases
where the same legal issue was raised
Obiter Dictum – an opinion expressed by a court upon
some question of law which is not necessary to the
decision of the case before it
GR: Philippine Penal Laws and those of public security
and safety are obligatory upon all who live or sojourn in
the Philippine Territory.
XPN: provisions to the contrary of:
1. Treaty Stipulations
2. Principles of Public International Law
3. Laws of Preferential Application
Nationality Principle – Philippine laws relating to (1)
family rights and duties, or (2) to the status, condition
and legal capacity of persons are binding upon citizens
of the Philippines, although living abroad.
Absolute Divorce
See case of Marelyn Tanedo Manalo v. Japanese
Spouse: the SC upheld the decision of the CA saying
that: A foreign divorce secured by a Filipino is also
considered valid in the Philippines, even if it is the
Filipino spouse files for divorce abroad.
The court based its decision on its interpretation of
Article 26 (2) of the Family Code. The said provision
states that when a foreigner spouse obtains divorce
allowing him or her to remarry, the Filipino spouse
“shall likewise have capacity to remarry under
Philippine law.”
NB: However, the rule on absolute divorce as against
Filipino spouses is still the same – it being still
contrary to public policy and morality
Lex Rei Sitae – with respect to property, be it personal
or real, it is subject to the law of the country where it is
situated.
XPNs: The national law of the person whose succession
is under consideration and not the law of the country
where the property is situated will govern with respect
to the following aspects of succession, testate or
intestate:
1. Order of succession
2. Amount of successional rights
3. Intrinsic validity of testamentary provisions
4. Capacity to succeed from a decedent
Lex Loci Celebrationis – the forms and solemnities of
contracts, wills, and other public instruments shall be
governed by the laws of the country in which they are
executed
Lex Loci Contractus – when what is involved is the
nature, construction and validity of contracts; it could
either be:
1. Lex Loci Voluntatis – law voluntarily agreed
upon by the parties
2. Lex Loci Intentionis – law intended by the
parties expressly or implicitly
HUMAN RELATIONS
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Damnum Absque Injuria – the proper exercise of a
lawful right cannot constitute a legal wrong for which an
action will lie, although the act may result in damage to
another, for no legal right has been invaded
Principle of Abuse of Rights – the exercise of right ends
when the right disappears, and it disappears when it is
abused especially to the prejudice of others; elements:
1. There is a legal right or duty
2. It is exercised in bad faith
3. For the sole intent of prejudicing or injuring
another
Breach of Promise to Marry
GR: Per Se is not an actionable wrong
XPN:
1. When the woman is a victim of moral seduction
2. When the plaintiff has actually incurred
expenses for the wedding – he/she has the right
to recover money or property advanced by him
or her upon the faith of such promise
Accion in Rem Verso – an action for recovery of what
has been paid or delivered without just cause or legal
ground; requisites:
1. Defendant has been enriched
2. Plaintiff suffered a loss
3. Enrichment of the defendant is without just or
legal ground
4. Plaintiff has no other action based on contract,
quasi-contract, delict or quasi-delict.
vs. Solutio Indebiti – mistake is an essential
requisite here and unlike solution indebiti,
action in rem verso is merely an auxiliary action
Unfair Competition – what is sought to be prevented is
the use of unjust, oppressive or high-handed methods
which may deprive others of a fair chance to engage in
business or to earn a living; requisites:
1. Injury to a competitor or trade rival
2. Involves acts which are characterized as
contrary to good conscience or shocking to
judicial sensibilities or otherwise unlawful
Effects of Acquittal upon Civil Liability
1. Accused is not the author of the crime
complained of – civil liability ex delicto is
extinguished (but this does not extend to those
arising from quasi-delict or culpa aquiliana)
2. Acquittal based on Reasonable Doubt – accused
is NOT exempt from civil liability ex delicto
which may be proved by preponderance of
evidence only
Civil Law Notes – Bar 2018
by: Kevin John D. Ampuan
GR: When a criminal action is instituted, the civil action
for the recovery of civil liability arising from the offense
charged is deemed instituted with the criminal action
XPN:
1. Waiver of the Civil Action
2. Reserves the right to institute it separately
3. Institutes the Civil Action prior to the criminal
action
Prejudicial Question – that which arises in a case the
resolution of which is a logical antecedent of the issue
involved therein, and the cognizance of which pertains
to another tribunal; elements:
1. A previously instituted civil action involves an
issue similar or intimately related to the issue
raised in the subsequent criminal action; and
2. The resolution of such issue determines whether
or not the criminal action may proceed.
PERSONS AND FAMILY RELATIONS
PERSONS AND PERSONALITY
Juridical Capacity – the fitness to be the subject of legal
relations; it is inherent in every natural person; it is only
lost through death; and it cannot be limited or restricted
Capacity to Act – the power to do acts with legal effects;
it is not inherent but is acquired; it may be lost through
other means or circumstances; and it can be limited or
restricted
Civil Interdiction – an accessory penalty imposed upon
the accused whose penalty is not lower than RT; effects:
1. Deprivation of the rights of Parental Authority
or guardianship
2. Deprivation of Marital Authority
3. Deprivation of the right to manage his property
4. Deprivation of the right to dispose of his
property by any act or conveyance inter vivos.
Civil Personality – is the aptitude of being the subject of
rights and obligations; it begins from birth (after the
complete delivery from the mother’s womb or after the
cutting of the umbilical cord)
Consequences of the Provisional Personality of
Conceived Child
1. The right to be a done of simple donation but
the acceptance is made by the persons who
would legally represent him if he were already
born
2. The right to receive support from his
progenitors
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3. He may not be ignored by his parents in the
testament – otherwise, there is preterition
Applicability of Arts. 40, 41, and 42, NCC
1. There is no need to establish the civil personality
of the unborn is his/her juridical capacity and
capacity to act as a person are not in issue and
the case is not whether the unborn child has
acquired any rights or incurred any obligations
prior to his/her death that were passed on to or
assumed by the child’s parents.
2. One need not acquire civil personality first
before he/she could die. Death is defined as the
cessation of life. Life is not synonymous with
civl personality.
FAMILY CODE: August 3, 1988
MARRIAGE
A. Requisites of Marriage
Essential Requisites: (1) legal capacity; and (2) consent
of the contracting parties
NB: (a) Absence makes the marriage void; (b) defect in
consent makes the marriage voidable
Formal Requisites: (1) authority of the solemnizing
officer; (2) a valid marriage license – validity is 120 days
from issue (issued by the Local Civil Registrar); and (3)
marriage ceremony
NB: (a) Absence makes the marriage void. XPN: belief
in GF by either or both of the parties that the
solemnizing officer has authority to do so; (b)
irregularity shall not affect the validity of the marriage
BUT the person responsible shall be civilly, criminally
and administratively liable.
Two Basic Requirements for a Valid Marriage
Ceremony:
1. There should be a personal appearance of the
contracting parties before a solemnizing officer
2. Their declaration in the presence of not less than
2 witness of legal age that they take each other
as husband and wife
B. Marriages Exempt from the License Requirement
1. Marriage in Articulo Mortis – in lieu of license, the
solemnizing officer issues an Affidavit
2. Marriage in Remote Places – no means of
transportation to appear personally before the local
civil registrar
Civil Law Notes – Bar 2018
by: Kevin John D. Ampuan
3. Marriage among Muslims and Ethnic Cultural
Communities – marriage must be solemnized
according to their customs, rites and practices
NB: Marriage between a Muslim and a Non-
Muslim is NOT covered by this rule, thus a
marriage license is required
4. Legal Ratification of Marital Cohabitation: (a) man
and woman must have been living together as
husband and wife for at least 5 years before the
marriage; (b) parties have no legal impediment to
marry the other during the 5-year period of
cohabitation
C. Void and Voidable Marriages
a. Void Marriages
GR: It is ipso facto void without the need of any judicial
declaration of nullity.
XPN: For purposes of remarriage – even if the prior
marriage is void ab initio, a judicial declaration of its
nullity is required before a subsequent marriage is
contracted, otherwise, the subsequent marriage is in
itself void ab initio for being bigamous.
A void marriage can be questioned even after the death
of either party; procedure: (may only be done by
compulsory or intestate heirs)
1. If the marriage is celebrated during the
effectivity of the Civil Code – via petition for
declaration of nullity of marriage
NB: A petition for the declaration of nullity of
marriage is imprescriptible (XPN: if covered by
AM-02-11-10-SC, then it may only be filed
during the lifetime of the spouses)
2. If the marriage is covered by AM 02-11-10-SC – a
proceeding for the settlement of the estate of the
deceased spouse.
Reason: a petition for declaration of nullity of
the marriage can only be filed during the
lifetime of the spouses, if the marriage is
covered by AM 02-11-10-SC (March 15, 2003).
The following marriages are void from the beginning:
1. If any of the party is below 18 years old
2. The solemnizing officer is not legally authorized
(XPN: belief in GF by either or both of the
spouses)
3. Lack of Valid Marriage License
4. Bigamous or Polygamous Marriages
XPN: Article 41, Family Code
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a. The prior spouse (absentee) must have been
absent for 4 consecutive years or 2 years
where there is danger of death;
b. The spouse present has a well-founded
belief that the absent spouse is already dead;
and
c. The spouse present has obtained a judicial
declaration of presumptive death.
NB: The rule on obtaining the judicial
declaration applies only to subsequent
marriages celebrated during the effectivity
of the Family Code. If it was under the Civil
Code, it suffices that the prescribed period
of absence is met.
5. Mistake in Identity
6. Non-compliance with Art. 52, FC
Rules: If previous marriage is annulled or
judicially declared void, the following shall be
recorded in the appropriate civil registry:
a. Judgment of annulment or of absolute
nullity of marriage
b. Partition and distribution of the properties
of the spouses
c. Delivery of the children’s presumptive
legitimes.
7. Psychological Incapacity
Characteristics:
a. Gravity – illness must be shown as
downright incapacity or inability, not a mere
refusal, neglect or difficulty, much less ill
will.
b. Juridical Antecedence – must be shown to
be existing at the time of the marriage,
although overt manifestations may emerge
only after the marriage.
c. Incurability – must be shown to be
medically or clinically permanent or
incurable and such incurability may be
absolute or even relative only.
8. Incestuous Marriages
a. Between ascendants and descendants of any
degree, whether legitimate or illegitimate
b. Between brothers and sisters, full or half-
blood, legitimate or illegitimate
9. By reason of Pubic Policy
a. Between Collateral Blood Relatives – up to
4th civil degree, legitimate or illegitimate
b. Between Step-Parents and Step-Children
NB: Marriage between step-brothers and
step-sisters are now valid under the Family
Code
c. Between Parents-in-Law and Children-in-
Law
d. Adoptive Relationships
Civil Law Notes – Bar 2018
by: Kevin John D. Ampuan
e. By Reason of Intentional Killing of
Another’s Spouse
10. Void Marriage under Article 40, FC
The article refers to a situation where the prior
marriage is void in itself buy a party thereto did
not secure a judicial declaration of nullity of the
former marriage before contracting a subsequent
marriage.
NB: This must be distinguished with Art. 35(4),
FC since in Article 40, the subsequent marriage
is void not because of being bigamous but for
failure to comply with the requirement of the
law – but take note that the law still considers
the party liable for bigamy; on the other hand,
the subsequent marriage under Art. 35(4), FC is
void for being bigamous since it was celebrated
while a valid marriage is still existing.
11. Both the present spouse and the subsequent
spouse acted in Bad Faith, for the both knew at
the time of the celebration of the subsequent
marriage that the absentee spouse is still alive
(re: Article 41, Family Code)
Valid Subsequent Bigamous Marriages under Art. 41,
Family Code; requisites:
1. The prior spouse (absentee) must have been absent
for 4 consecutive years or 2 years where there is
danger of death;
2. The spouse present has a well-founded belief that
the absent spouse is already dead; and
3. The spouse present has obtained a judicial
declaration of presumptive death. (This judicial
declaration is obtained when the present spouse
wishes to marry and he/she files a summary
proceeding of such nature)
Termination of the Subsequent Marriage under Art. 41
of the Family Code
1. If marriage was celebrated under the Civil Code, it
is terminated by final judgment of annulment in a
case instituted by the absent spouse who reappears
of by either or the spouses in the subsequent
marriage for the ground – reappearance of the
absentee spouse
2. If marriage was celebrated during the effectivity of
the Family Code, either: (a) by the recording of the
affidavit of reappearance; or (b) by by judicial
declaration of dissolution or termination of the
subsequent marriage.
3. If the declaration of the absentee spouse’s
presumptive death is through fraud or is a sham –
the remedy of that spouse is NOT to file an affidavit
of reappearance BUT an action to annul the
judgment declaring him presumptively dead.
4

Effects of Judicial Declaration of Nullity of Marriage
GR: It retroacts to the date of its celebration – hence, it is
considered as having never taken place at all.
XPN:
1. Void ab initio first marriage and there is no
judicial declaration of its nullity – subsequent
marriage is still considered void because of
bigamy (re: Art. 52, FC)
2. There is no retroactive application if the
marriage was annulled on the ground of
psychological incapacity – thus, subsequent
marriage contracted is still considered void for
being bigamous. (re: Art. 36, FC)
Property Relations of Void Marriages
1. Art. 147, FC – applies to marriages where the
parties are legally capacitated to get married and
are not barred by any impediment, but
nonetheless the marriage is Void. (i.e. marriage
declared void due to psychological incapacity or
when it was celebrated without a marriage
license)
2. Art. 148, FC – applies where the parties are
incapacitated to marry each other (i.e. bigamous
marriage or when the parties are below 18 years
old)
3. If the subsequent marriage is void by reason of
non-compliance with Article 40, the property
relations under the Family Code remains the
same.
b. Voidable Marriages
Characteristics:
1. Valid until set aside by final judgment of a
competent court in an action for annulment
NB: the children conceived or born before the
finality of the judgment of annulment are legitimate
2. The defects of a voidable marriage can generally be
ratified or confirmed by free cohabitation or
prescription; exception:
a. Ground is physical incapability to consummate
the marriage (impotency)
b. Ground is affliction with STD which is serious
and incurable
3. Action for annulment is subject to prescriptive
period or statute of limitations.
4. Can only be assailed by a direct proceeding and not
collaterally
5. Can be questioned only during the lifetime of the
parties and not after death of either
6. Ground or defect must be in existence at the time of
the celebration of the marriage
Grounds for Annulment of Voidable Marriages
Civil Law Notes – Bar 2018
by: Kevin John D. Ampuan
1. Lack of Parental Consent
2. Insanity
3. Consent is Obtained Through Fraud
a. Non-disclosure of Previous Conviction by final
judgment of a crime involving moral turpitude
b. Concealment of pregnancy by a man other than
the husband at the time of the celebration of
marriage
c. Concealment of STD at the time of the
celebration of the marriage
d. Concealment of drug addiction, habitual
alcoholism, homosexuality or lesbianism
4. Consent is obtained Through Force, Intimidation or
Undue Influence
5. Either Party was Physically Incapable of
Consummating the Marriage (Impotence) – this
refers to the inability to perform the act itself and
not sterility or inability to procreate; must be
incurable and unknown to the injured party at the
time of the marriage
Doctrine of Triennial Cohabitation – if the wife
remains a virgin after 3 years of cohabitation, the
husband will be presumed impotent
6. Either Party was Afflicted with STD which is
Serious and Incurable – must be existing at the time
of the marriage (different from the one under fraud
since in fraud, it is regardless of its nature)
LEGAL SEPARATION
Grounds for Legal Separation
1. Repeated physical violence or grossly abusive
conduct directed against the petitioner, a common
child, or a child of the petitioner;
2. Physical violence or moral pressure to compel the
petitioner to change religious or political affiliation;
3. Attempt of respondent to corrupt or induce the
petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance
in such corruption or inducement;
4. Final judgment sentencing the respondent to
imprisonment of more than six years, even if
pardoned;
5. Drug addiction or habitual alcoholism of the
respondent;
6. Lesbianism or homosexuality of the respondent;
7. Contracting by the respondent of a subsequent
bigamous marriage, whether in the Philippines or
abroad;
8. Sexual infidelity or perversion;
9. Attempt by the respondent against the life of the
petitioner; or
10. Abandonment of petitioner by respondent without
justifiable cause for more than one year.
5
 Civil Law Notes – Bar 2018
by: Kevin John D. Ampuan

Defenses in Legal Separation spouses, such donation is void pursuant to Art. 751
1. Where the aggrieved party has condoned the of the Civil Code.
offense or act complained of;
2. Where the aggrieved party has consented to the C. Systems of Absolute Community
commission of the offense or act complained of;
3. Where there is connivance between the parties in In General
the commission of the offense or act constituting the The H and W become joint owners of all the properties
ground for legal separation; of the marriage (brought or acquired thereafter), except
4. Where both parties have given ground for legal those excluded under Art. 92, FC.
separation;
5. Where there is collusion between the parties to Properties Excluded
obtain decree of legal separation; or Properties Acquired Properties Acquired
6. Where the action is barred by prescription (5 years Prior The Marriage After The Marriage
from the occurrence of the cause) Those acquired by either Those acquired through
spouse who has gratuitous title,
PROPERTY RELATIONS OF SPOUSES legitimate descendants including fruits and
by former marriage, income (XPN: the
A. General Provisions including fruits and grantor expressly
income provides that they shall
What shall govern their property relations? form part of the ACP)
a. The marriage settlement, if one is executed – such For Personal and For Personal and
must be in writing, signed and executed before the Exclusive Use (XPN: Exclusive Use (XPN:
celebration of the marriage. In order to be Jewelries) Jewelries)
enforceable as against 3rd persons, it must be Excluded in the Marriage
registered in the local civil registry where the Settlement
marriage contract is registered as well as in the
registries of the properties. Obligations Chargeable to the Absolute Community
b. In absence of marriage settlement or in case it is 1. Support of spouse, common children and legitimate
void: children of either spouse
i. Conjugal Partnership of Gains – is marriage was 2. Debts and Obligations
celebrated before the Family Code a. Ante-nuptial Debts: chargeable to ACP only if it
ii. Absolute Community of Property – if marriage redounded to the benefit of the family
is celebrated during the effectivity of the Family b. Those contracted during the marriage by: (a)
Code both spouses; (b) by one spouse with the consent
iii. Complete Separation of Property – if no of the other; (c) by one spouse without the
liquidation of the property regime is made consent of the other but redounded to the benefit
within 1 year from death of the deceased spouse of the family; or (d) by the administrator-spouse
if it redounded to the benefit of the family
B. Donations by Reason of Marriage or Donation 3. Others – see Art. 94, Family Code
Propter Nuptias
NB: The following shall be paid by the ACP,
Formalities considered as an advance share of the debtor-
1. Personal Property with value more than PHP 5000 – spouse, in case that his separate property is not
must be in writing to be valid sufficient to pay such:
2. Real Property – must be in public instrument to be a. Ante-nuptial Debt which did not redound to
valid the benefit of the family
b. Support of Illegitimate Children
Donation Propter Nuptias c. Those expenses for a crime or quasi-delict
1. With respect to present property –
a. Regime of Absolute Community – no limitation Administration and Disposition of ACP
of donation to future spouse NB: The power to administer by one of the spouses does
b. Other Regimes – not more than 1/5 of the not include the power to dispose or encumber without
present property, anything in excess is void. the authority of the court or written approval of the
2. With respect to future property – must be in a form other spouse.
of a will. But if the donor is other than the future

6

Continuing Offer – if the disposition or encumbrance
is void, the transaction shall be considered as a
continuing offer on the part of the consenting spouse
and the 3rd person, and may be perfected upon
acceptance or authorization by the other spouse or the
court before the offer is withdrawn.
NB: This is NOT ratification since a void contract
cannot be ratified!
Dissolution or Termination of the Absolute Community
1. Death by either spouse – it is mandatory that the
ACP must be liquidated a year from the death of
the deceased spouse, otherwise: any encumbrance
shall be considered void (however, SC said that the
sale shall be considered valid so long as there is yet
a partition of the property and the sale is limited
only to the ideal share of the selling co-heir) and a
regime of complete separation of property shall
govern the subsequent marriage of the surviving
spouse
2. Finality of a Decree of Legal Separation – this does
not include separation in fact
3. Finality of Judgment of Annulment
4. Finality of Judgment declaring the marriage Void –
available only to a Void Marriage by reason of non-
compliance with Art. 40, FC.
5. Upon Judicial Separation of property during the
marriage, voluntarily or for a cause.
D. Conjugal Partnership of Gains
In General
A special type of partnership where the H and W place
in a common fund the proceeds, products, fruits and
income from their separate properties and those
acquired by either or both spouses through their efforts
or by chance. NB: Like in ACP, there is also no waiver of
Rights, Interests, Shares and Effects (RISE) during
marriage.
Properties Excluded
1. Properties acquired prior to the marriage (XPN: Net
Fruits and those included in the settlement subject
to 1/5 limitation [re: donation propter nuptias])
2. Properties acquired during the marriage by
gratuitous title.
3. Properties acquired by right of redemption, barter
or exchange with property belonging to only one of
the spouses. (NB: the property so redeemed
remains to be a separate property even if the money
paid for it is from the CPG only that it is subject to
reimbursement)
4. Properties purchased with exclusive money.
Properties Included
Civil Law Notes – Bar 2018
by: Kevin John D. Ampuan
1. Properties acquired by onerous title during the
marriage at the expense of the common fund.
2. Property obtained during the marriage from the
labor, industry, work or profession of either or both
spouses.
3. Fruits from Conjugal Properties and “net fruits”
from separate properties.
4. Share in hidden treasure and those acquired
through fishing or hunting
5. Those acquired through chance, such as winnings
from gambling or betting (losses are taken from
exclusive properties)
6. Livestock existing at the dissolution od the
partnership, in excess of the number of each kind
brought to the marriage by either spouse.
Obligations Chargeable to CPG
1. Support of spouse, common children and legitimate
children of either spouse
2. Debts and Obligations
a. Ante-nuptial Debts: chargeable to CPG only if it
redounded to the benefit of the family
b. Those contracted during the marriage by: (a)
both spouses; (b) by one spouse with the
consent of the other; (c) by one spouse without
the consent of the other but redounded to the
benefit of the family; or (d) by the
administrator-spouse if it redounded to the
benefit of the family
c. Taxes and Expenses
The buyers of Conjugal Property must observe 2 kinds of
requisite diligence:
1. The diligence in verifying the validity of the title
covering the property
2. The diligence in inquiring into the authority of the
transacting spouse to sell conjugal property in
behalf of the other spouse.
E. Separation of Property of Spouses
When Can It Govern?
1. Agreed upon in Marriage settlement
NB: This can be full or partial. In case of partial
separation, the separate properties shall pertain to
absolute community
2. By Judicial Order:
a. Finality of Decree of Legal Separation
b. Joint Petition of the Spouses for Voluntary
Separation
c. Upon petition for Judicial Separation due to a
sufficient cause (Art. 135, FC)
3. Failure of SS to liquidate within 1 year from death
of the former spouse
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F. Property Regime of Unions without Marriage
Property Regime under Article 147, Family Code
a. Requisites:
i. The parties must be capacitated to marry each
other;
ii. That they exclusively live each other as husband
and wife; and
iii. Their union is w/o the benefit of marriage or
their marriage is void.
b. Rule on Distribution of Property
i. Wages and Salaries – divided in equal shares
ii. Property Acquired during cohabitation – rules
on equal co-ownership shall govern.
NB:
 During the cohabitation, the parties are
prohibited from disposing by acts inter vivos their
respective share in the co-owned property
 In case the void marriage is brought about by
the BF of one of the spouses, the share of the
guilty spouse shall be distributed as follows:
a. The common children, if any;
b. In the absence of the common children, the
surviving descendants of the guilty party;
c. In their default, the innocent party.
Property Regime under Article 148, Family Code
a. Requisites:
i. The man and woman must be incapacitated to
marry each other or they do not live exclusively
together as husband and wife; and
ii. Their union is w/o the benefit of marriage or
their marriage is void.
b. Rules on Distribution of Properties
i. Wages and Salaries – that which earned by him or
her are owned by him or her exclusively
ii. Property acquired during cohabitation – only
the properties that acquired by both the parties
thereto through their actual joint contribution of
money, property and industry shall be owned by
them in common in proportion to their respective
contributions.
NB: If one of the parties in the cohabitation is validly
married to another, his or her share shall form part of
the ACP or CPG existing in such valid marriage.
THE FAMILY
A. The Family as an Institution
Suit between members of the same family
“Earnest Efforts” for a compromise must be shown by
the parties, as a condition sine qua non, before a case
may be filed as against each other.
XPN: the following cases are not subject to compromise:
a. Jurisdiction of courts
Civil Law Notes – Bar 2018
by: Kevin John D. Ampuan
b. Civil status of persons
c. Future Support
d. Future Legitime
e. Any ground for legal separation
f. Validity of Marriage or Legal Separation
B. The Family Home
Requisites in order for the relatives be considered as
beneficiaries of the Family Home:
1. They reside therein
2. They are one of those enumerated under Art. 154,
FC
3. They depend for legal support from the head of the
Family Home
Value of Exemption for the Family Home
1. Urban Areas – 300k
2. Rural Areas – 200k
Exception to non execution, forced sale or attachment of
the Family Home:
1. Non-payment of Taxes
2. Debts incurred prior to the constitution of the FH
3. Debts secured by mortgages on the premises before
or after such constitution
4. Debts due to laborers, mechanics, architects,
builders, material men and others who have
rendered service or furnished material for the
construction of the building
PATERNITY AND FILIATION
A. Legitimate Children
Status of Children
1. Generally determined by status of marriage
a. Legitimate – conceived or born of a valid
marriage
b. Illegitimate – conceived and born outside of a
valid marriage
c. Legitimated – at the time of the child’s
conception, the parents of an illegitimate child
are not barred from marrying each other or their
only impediment is minority and subsequently,
they enter into a valid marriage, the child
through legitimation becomes legitimate and
enjoys all rights and privileges as a legitimate
child.
d. Children Conceived of AI – WON the sperm is
of the husband or the donor the child is
legitimate if: (1) husband and wife authorized or
ratified such insemination in a written
instrument; and (2) such written instrument is
8

executed and signed by them before the birth of
the child.
e. Surrogate Mother Contract – such agreement is
not recognized under the Philippine Law it
being contrary to law, morals and public policy.
2. Presumption of Legitimacy
a. A child conceived through a wife’s infidelity to
another man while legally married to her
husband, is considered as a legitimate child of
the husband and wife for that child was
conceived during a valid and subsisting
marriage.
b. Referring to (a.) the mother cannot declare
against the child’s legitimacy by denying the
paternity of her husband.
Impugning Legitimate Child’s Legitimacy
a. Who can impugn:
GR: Personal Right of the Husband
XPN: Heirs of the husband; if:
i. The husband dies before the expiration of the
prescriptive period;
ii. The husband dies after the filing of the action
without desisting therefrom; and
iii. If the child was born after the death of the
husband
b. Prescriptive Period of Action to Impugn Legitimacy
i. 1 year from knowledge of birth or recording of
such birth in the civil register – if the husband
or his heirs resides in the city or municipality
where the birth took place or was recorded
ii. 2 years – if the husband or his heirs do not
reside at the place of birth or where it was
recorded, but are all residing in the Philippines
iii. 3 years – if husband or heirs reside abroad
c. Grounds to Impugn Legitimacy
i. Physical Impossibility of Sexual Intercourse –
or within the first 120 days of the 300 days
immediately preceding the birth of the child:
(a) Impotency (not sterility)
(b) Fact that they are living separately and
sexual intercourse was impossible
(c) Serious Illness of the husband which
absolutely prevented sexual intercourse
ii. Biological or Scientific Reasons (i.e. the written
authorization of either parent was obtained
through mistake, fraud, violence, intimidation
or undue influence)
d. Legitimacy of the Child is NOT subject to a
collateral attack but only through a direct action
brought for that purpose
 Collateral Attacks like: (a) an action for
reconveyance; (b) action for partition; (c)
petition for correction of entries under R. 108,
ROC
Civil Law Notes – Bar 2018
by: Kevin John D. Ampuan
Effect of Termination of Marriage and Remarriage of
Mother on Child’s Status
a. Applicability of Article 168, FC
i. Requisites:
(a) A previous marriage is terminated
(b) The mother contracted another marriage
within 300 days after the termination of the
previous marriage
(c) A child is born within 300 days after the
termination of previous marriage
ii. Rules in determining Paternity:
(a) The child belongs to the first marriage and
the first husband is considered the father if:
(1) it be born BEFORE 180 days after the
solemnization of the second marriage; and (2)
within 300 days after the termination of the
previous marriage.
(b) The child belongs to the first marriage and
the first husband is considered the father if:
(1) it be born AFTER 180 days after the
solemnization of the second marriage; and (2)
even if born within 300 days after the
termination of the previous marriage.
Rights of a Legitimate Child
1. Right to use surnames of the mother and father
2. Right to Receive Support
3. Successional Rights
4. Citizenship – only legitimate children follows the
citizenship of the father
B. Proof of Filiation
Accepted Proofs of Filiation
1. The record of birth appearing in the civil register or
a final judgment
2. An admission of legitimate filiation in a public
document or a private handwritten instrument and
signed by the parent concerned.
a. Private Handwritten Instrument – (a) there must
be a statement of admission of filiation; and (b)
the handwritten instrument must be signed by
the parent concerned
NB: If this is the lone evidence, both
requirements must be followed to be given
weight; however, if it is mere corroborative of
another evidence, absence of the signature of the
parent concerned will not invalidate the
instrument
3. The open and continuous possession of the status of
a legitimate child; or
4. Any other means allowed by the Rules of Court and
special laws. (i.e. DNA Test, Rule 130 ROC) by
totality of evidence
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Who can file action to claim filiation
a. Legitimate Filiation
GR: the Child claiming such filiation
XPN: His heirs when: (a) the child dies during
minority; or (b) child dies during state of minority
b. Illegitimate Filiation
GR: the Child claiming such filiation
XPN: His heirs when: (a) the child dies during
minority; or (b) child dies during state of minority
Prescriptive Periods to file action to claim filiation
a. Legitimate Filiation
GR: during the lifetime of the child
XPN: in exceptional cases, 5 years from death of the
child
b. Illegitimate Filiation
(a) If action is based on admission of paternity or
birth certificate or written instrument
GR: during lifetime of child even after death of
putative father
XPN: Heirs in exceptional cases
(b) If action is based on either: (1) open and
continuous possession of illegitimate status; or
(2) any other action allowed by the ROC or
special laws
RULE: only during the lifetime of the alleged
parent
NB: since the FC makes no distinction as to WON the
child is a minor when the father dies – the court gives
the child 4 years from the time of attaining the age of
majority.
C. Illegitimate Children
Rights of an Illegitimate Child
1. Right to use surname of the mother unless the child
acquires the right to use the surname of the
illegitimate father via (a) express recognition in
certificate of birth; or (b) admission of paternity of
the father in a public document or a private
handwritten instrument
2. Parental Authority: with the mother even if the
illegitimate child is recognized by the illegitimate
father
3. Right to Receive Support (re: community property)
4. Successional Rights
5. Citizenship – only legitimate children follows the
citizenship of the father
D. Legitimation
Is the process provided under our law where the status
of a child conceived and born out of wedlock is
improved, by operation of law, from illegitimacy to that
of legitimacy by the mere subsequent marriage of the
parents. Reckoning Point – the child’s conception
Civil Law Notes – Bar 2018
by: Kevin John D. Ampuan
NB: the prescriptive period to impugn legitimation by
those whose rights may be prejudiced is 5 years from the
time of death or either of the parents of the child, from
whom the petitioner is a compulsory/intestate heir.
ADOPTION
A. Domestic Adoption Act (RA 8552)
Who May Adopt
(a) Any Filipino citizen of legal age, in possession of
full civil capacity and legal rights, of good moral
character, has not been convicted of any crime
involving moral turpitude, emotionally and
psychologically capable of caring for children, at
least sixteen (16) years older than the adoptee, and
who is in a position to support and care for
his/her children in keeping with the means of the
family. The requirement of sixteen (16) year
difference between the age of the adopter and
adoptee may be waived when the adopter is the
biological parent of the adoptee, or is the spouse
of the adoptee's parent;
(b) Any alien possessing the same qualifications as
above stated for Filipino nationals: Provided, That
his/her country has diplomatic relations with the
Republic of the Philippines, that he/she has been
living in the Philippines for at least three (3)
continuous years prior to the filing of the
application for adoption and maintains such
residence until the adoption decree is entered, that
he/she has been certified by his/her diplomatic or
consular office or any appropriate government
agency that he/she has the legal capacity to adopt
in his/her country, and that his/her government
allows the adoptee to enter his/her country as
his/her adopted son/daughter: Provided,
Further, That the requirements on residency and
certification of the alien's qualification to adopt in
his/her country may be waived for the following:
(i) a former Filipino citizen who seeks to adopt
a relative within the fourth (4th) degree of
consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate
son/daughter of his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and
seeks to adopt jointly with his/her spouse a
relative within the fourth (4th) degree of
consanguinity or affinity of the Filipino
spouse; or
(c) The guardian with respect to the ward after the
termination of the guardianship and clearance of
his/her financial accountabilities.
Husband and wife shall jointly adopt, except in the
following cases:
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(i) if one spouse seeks to adopt the legitimate
son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own
illegitimate son/daughter: Provided, However,
that the other spouse has signified his/her consent
thereto; or
(iii) if the spouses are legally separated from each
other.
In case husband and wife jointly adopt, or one spouse
adopts the illegitimate son/daughter of the other,
joint parental authority shall be exercised by the
spouses.
Who May Be Adopted
(a) Any person below eighteen (18) years of age who
has been administratively or judicially declared
available for adoption;
(b) The legitimate son/daughter of one spouse by the
other spouse;
(c) An illegitimate son/daughter by a qualified
adopter to improve his/her status to that of
legitimacy;
(d) A person of legal age if, prior to the adoption, said
person has been consistently considered and
treated by the adopter(s) as his/her own child
since minority;
(e) A child whose adoption has been previously
rescinded; or
(f) A child whose biological or adoptive parent(s) has
died: Provided, That no proceedings shall be
initiated within six (6) months from the time of
death of said parent(s).
Rights of an Adopted Child (re: 189-190, FC)
B. Inter-Country Adoption Act (RA 8043)
Whose Written Consent is Necessary to the Adoption
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known, or
the legal guardian, or the proper government
instrumentality which has legal custody of the
child;
(c) The legitimate and adopted sons/daughters, ten
(10) years of age or over, of the adopter(s) and
adoptee, if any;
(d) The illegitimate sons/daughters, ten (10) years of
age or over, of the adopter if living with said
adopter and the latter's spouse, if any; and
(e) The spouse, if any, of the person adopting or to be
adopted.
Instances when Adoption may be Rescinded
Upon petition of the adoptee, with the assistance of
the Department if a minor or if over eighteen (18)
years of age but is incapacitated, as
Civil Law Notes – Bar 2018
by: Kevin John D. Ampuan
guardian/counsel, the adoption may be rescinded on
any of the following grounds committed by the
adopter(s):
(a) repeated physical and verbal maltreatment by
the adopter(s) despite having undergone
counseling;
(b) attempt on the life of the adoptee;
(c) sexual assault or violence; or
(d) abandonment and failure to comply with
parental obligations.
Adoption, being in the best interest of the child, shall
not be subject to rescission by the adopter(s).
However, the adopter(s) may disinherit the adoptee
for causes provided in Article 919 of the Civil Code.
Effects of Rescission
If the petition is granted, the parental authority of
the adoptee's biological parent(s), if known, or the
legal custody of the Department shall be restored if
the adoptee is still a minor or incapacitated. The
reciprocal rights and obligations of the adopter(s)
and the adoptee to each other shall be extinguished.
The court shall order the Civil Registrar to cancel
the amended certificate of birth of the adoptee and
restore his/her original birth certificate.
Succession rights shall revert to its status prior to
adoption, but only as of the date of judgment of
judicial rescission. Vested rights acquired prior to
judicial rescission shall be respected.
All the foregoing effects of rescission of adoption
shall be without prejudice to the penalties imposable
under the Penal Code if the criminal acts are properly
proven.
When Allowed
The Board shall ensure that all possibilities for
adoption of the child under the Family Code have
been exhausted and that inter-country adoption is in
the best interest of the child. Towards this end, the
Board shall set up the guidelines to ensure that steps
will be taken to place the child in the Philippines
before the child is placed for inter-country adoption:
Provided, however, That the maximum number that
may be allowed for foreign adoption shall not exceed
six hundred (600) a year for the first five (5) years.
Who May Adopt
An alien or a Filipino citizen permanently residing
abroad may file an application for inter-country
adoption of a Filipino child if he/she:
1. Is at least twenty-seven (27) years of age and at
least sixteen (16) years older than the child to be
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 Civil Law Notes – Bar 2018
by: Kevin John D. Ampuan

adopted, at the time of application unless the

adopter is the parent by nature of the child to be
adopted or the spouse of such parent:
2. if married, his/her spouse must jointly file for the
adoption;
3. has the capacity to act and assume all rights and
responsibilities of parental authority under his
national laws, and has undergone the appropriate
counseling from an accredited counselor in
his/her country;
4. has not been convicted of a crime involving moral
turpitude;
5. is eligible to adopt under his/her national law;
6. is in a position to provide the proper care and
support and to give the necessary moral values
and example to all his children, including the
child to be adopted;
7. agrees to uphold the basic rights of the child as
embodied under Philippine laws, the U.N.
Convention on the Rights of the Child, and to
abide by the rules and regulations issued to
implement the provisions of this Act;
8. comes from a country with whom the Philippines
has diplomatic relations and whose government
maintains a similarly authorized and accredited
agency and that adoption is allowed under
his/her national laws; and
9. possesses all the qualifications and none of the
disqualifications provided herein and in other
applicable Philippine laws.

Who May Be Adopted

Only a legally free child may be the subject of inter-
country adoption. In order that such child may be
considered for placement, the following documents
must be submitted to the Board:
1. Child study;
2. Birth certificate/foundling certificate;
3. Deed of voluntary commitment/decree of
abandonment/death certificate of parents;
4. Medical evaluation /history;
5. Psychological evaluation, as necessary; and
6. Recent photo of the child.

C. Distinction Between Domestic Adoption and Inter-

Country Adoption

12