Académique Documents
Professionnel Documents
Culture Documents
Theory of Injury and Liability- Injuring one’s neighbor was Penal Principles
discouraged because such act would prompt gods to strike Justicia Generalis- obligation of restitution
back at the ‘evil doer thereby causing the imperil of the entire Justicia Particularis
community. o Justicia commutative- obligation of
restitution
It is only when law becomes distinguishable from religion o Justicia distribution- distributive justice
that its philosophy becomes discernible. applying justice in geometric proportions.
Article II, Section 14: The State recognizes the role of women
Civil Personality
in nation building and shall ensure the fundamental equality
Concepts and Classes of Persons
before the law of women and men.
Person- any being that can be subject of legal relations.
Article III, Section 1: No person shall be deprived of life,
liberty or property without due process of law, nor shall any
Classes of Persons:
person be denied the equal protection of the laws.
Natural Persons- Human beings
Juridical Persons- entities formed by the association
Article XV, Section 1: The State recognizes the Filipino
of men.
family as the foundation of the nation. Accordingly, it
shall strengthen its solidarity and actively promote its total
Personality- aptitude of becoming subject of, active or
development.
passive, juridical relations
Article XV, Section 2: Marriage, as an inviolable social
Status of Persons- Legal condition or class which one belongs
institution, is the foundation of the family and shall be
in society
protected by the state.
- It is the legal or the juridical position of the
individual in society, or with regard to the rest of the
community
- It is determined by a series of personal qualities,
Griswold vs. Connecticut which respectively carry with them certain rights and
Facts: Griswold was executive director of the obligations.
Planned Parenthood League while Buxton, his co- - A person’s status serves to determine the nature and
plaintiff was a licensed physician who served as number of rights and obligations.
director of the said league. Both were convicted
Kinds of Status
as accessories by virtue of a Connecticut birth - Political or Civil, depending on whether he is
control law which bars them from giving considered in the light of public law or private law.
information, instruction and medical advice for - Rights and obligations in connection with suffrage
contraception, to married persons. A married refer to Political status while those arising from
woman was examined in the league’s family relations refer to Civil status.
headquarters along with her husband and was Civil Status
given a prescription for contraception. - Status as a member of society (i.e. resident or non-
Held: The Connecticut Statute which forbids resident)
contraceptives abridges the right to marital - Status as a member of a family
privacy without due process of the law. The state - Status with respect to the person himself (i.e. age,
mental condition, sex)
interest protected by the statute, which is to - Profession cannot be considered status because the
prevent extra-marital relations is carried out is a qualities which create a status should be inherent in
manner so sweeping as to penalize the inherent the person himself.
intimacies of couples who have the right to plan
their family. Characteristics of Status- the status of a person is outside the
commerce of man hence:
- It is inalienable in that it cannot be transferred to
Eisenstadt vs. Baird another;
Facts: William Baird was tried for exhibiting - It is imprescriptible in that it cannot be imposed on a
contraceptives while delivering a lecture and for person;
giving a young woman contraceptives. A - It cannot be the subject of compromise;
- It cannot be renounced;
Massachusetts law only allows the sale of
- It cannot be exercised by creditors
contraceptives with prescription from a physician
or a pharmacist for married couples.
Held: The statute violates the equal protection CC Article 37: Juridical Capacity is the fitness to be the
clause of the 14th amendment in that it subject of legal relations. It is inherent in every natural
person and is lost only through death.
discriminates between married and unmarried
Capacity to act which is the power to do acts that have legal
couples. The means by which the State Interest is effect, is acquired and may be lost.
protected is not rationally adequate whether the
interest be prevention of pre-marital sex or health Juridical Capacity- legal capacity
protection. For one thing, the measure does not Capacity to Act- aptitude for the exercise of rights which is
conditional and variable, requiring intelligence and will.
prevent extra-marital relations for another, not all
contraceptives are considered dangerous. Lastly, CC Article 40: Birth determines personality.
the discrimination makes it seem as though pre-
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The conceived shall be considered born for all purposes that If two or more persons die in a calamity and it
are favorable to it provided that it be born later. cannot be shown who died first and there are no
circumstances by which it can be inferred, survivorship is
Birth- removal of the fetus from the mother’s womb presumed from the probabilities resulting from the strength
Conceived Child- can be given inheritance by will or donations and age of sexes.
1. <15 years, the older is presumed to have survived
CC Article 41: The fetus is considered born if it is alive at the 2. > 60 years, the younger is presumed to have
time it is completely delivered from the mother’s womb. survived
For premature birth of less than seven months, it is 3. <15 and >60, the younger is presumed to have
considered born if it survives for at least 24 hours after its survived
delivery. 4. >15, <60 for both; male is presumed to have
survived if sexes are the same, then the older one.
Separation- cutting of the umbilical cord 5. <15 or > 60 and >15 ,<60, the younger is
Test of life- complete respiration or in the case of a deceased presumed to have survived
child, the lungs should float in water.
Viability- the child’s ability to live which is presumed if it Joaquin vs. Navarro
survives separation from the mother Facts: During the Liberation of Manila, Joaquin
Navarro Sr., his wife Angela Joaquin, his three
Geluz vs. Court of Appeals
daughters, Pilar, Conception and Natividad and
Facts: Nita Villanueva has gone through abortion
Joaquin Navarro Jr together with his wife Adela
thrice. Oscar Lazo sued Geluz the abortionist for
Conde and friend Francisco Lopez, sought refuge
pecuniary damages which was granted by the
inside German Club. The three daughters were
Court of Appeals and then appealed by Geluz in
instantly killed. Joaquin Sr., Joaquin Jr., with his
the Supreme Court.
wife and friend, fled the place leaving Angela
Joaquin in the German Club. Immediately after
Held: An unborn child has no juridical capacity
leaving the place, as attested by Francisco Lopez,
and as such, the parents cannot sue for pecuniary
Joaquin Jr. was shot in the head. Minutes later,
damages on its behalf. The child not having been
German Club collapsed presumably killing Angela
born, the parent’s are not in the position to sue
Joaquin inside. Days later, Joaquin Sr. died in a
on its behalf because they cannot be considered
confrontation.
parents if there is no child to speak of. Moral
The victims were survived by Ramon Joaquin,
damages cannot be granted because of the
natural child of Angela Joaquin by her first
indifference of the father.
marriage and Antonio C. Navarro, and son of
CC: Article 42: Civil personality is extinguished by death. Joaquin Navarro by his first marriage.
The effect of death upon the rights and obligations of the The Court of Appeals invoked the statutory
deceased shall be determined by law, by contract or by will. provision on the presumption of survivorship.
-For certain purposes, the personality is deemed to continue Held: The statutory provision cannot be invoked
in the estate of the deceased which has a legal personality
independent of the heirs.
because there are evidences as attested to by
Francisco Lopez, from which it can be inferred
that Angela Joaquin survived Joaquin Navarro Jr.
People vs. Tirol before having died herself.
Facts: Ciriaco Baldesco and Bonifacio Tirol were
among the fourteen who murdered 7 members of CC Article 44: The following are juridical persons:
1. The State and its Political Subdivisions
the family of Manibpol Kosain. They were 2. Public corporations, institutions and entities which
convicted of 7 murders and 2 frustrated murders are created by law
as Manibpol, the father and his daughter, 3. Private corporations, partnerships and associations
Undang, survived. In the course of the appeal, to which the law grants juridicalpersonality.
while awaiting the final sentence, Baldesco died
-Corporation is an artificial being created by law and as such,
in prison. enjoys certain rights and privileges that can be afforded to it.
Held: Baldesco’s civil and criminal liabilities are
extinguished by his death however, indemnities CC Article 45: Juridical Persons such as the state and public
shall be paid for through his estate. corporations are governed by laws recognizing them.
Private corporations are governed by laws of general
application on the subject.
CC Article 43: If there is doubt between two or more
persons called to succeed each other, as to which of them -Corporations are governed by its charter and the Corporation
died first, the one who alleges the death of one prior to Law
another shall have the burden of proof. -Private Partnerships are governed by its articles of
If no proof is available then it shall be presumed that they association and their contract.
died at the same time.
Note: There is an issue of succession and not just CC Article 46: Juridical Persons may acquire and possess
survivorship. property, incur obligations and liability or criminal actions in
conformity with laws and regulations of the organization.
-Rule 123, section 69, paragraph ii: - Juridical capacity is extinguished upon dissolution of
the corporation, association or partnership.
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Insanity or Imbecility- includes various forms of mental
CC Article 47: Properties and assets of dissolved diseases. Some may sometimes only be mentally deficient.
corporations or other entities shall be disposed of in Deaf-mute- No longer to be presumed an idiot and is now
pursuance to the law or the charter creating them. If nothing considered capable of entering into contracts if is shown to
is specifically written, then it shall be applied for the benefit of have sufficient mental capacity.
the region, province or municipality which it derived principal Prodigality- characterized by excessive drinking, gambling,
benefits from. idleness or debauchery
Capacity to Act and Restrictions Thereon CC Article 39: The following circumstances limit a persons
capacity to act: Insanity, imbecility, being deaf-mute, civil
Presumption of Capacity interdiction, prodigality, family relations, alienage, absence,
insolvency and trusteeship.
Standard Oil Co. vs. Arenas Capacity to act is not limited on account of religious belief or
Facts: Juan Codina Arenas, Francisco Lara del Pino political opinion.
A married woman, eighteen years of age are qualified for all
(principals) and Alipio Lacso, Vincente Sixto and aspects of civil life except if specified otherwise.
Siy Ho (sureties) assumed obligations to pay
jointly and severally to Standard Oil Co. the sum
of P3,305.76 three months from the execution of Note: We always presume what is normal. Otherwise, our
the bond, with 1% interest per month. daily lives will be greatly affected.
Arenas and Lara del Pino failed to pay the bond A. Minority
and, as sureties, Vincente Sixto along with Siy Ho
and Alipio Lacso are compelled to pay the said CC Article 1327: Unemancipated minors, insane or
amount. The court declared Vincente Sixto in demented persons and deaf-mutes incapable of writing,
default for having failed to show up at the trial cannot give consent to a contract.
concerning the said bond and was ordered to pay
CC Article 1390 (1): In cases where one of the parties is
the defendants the amoun. Elisa Torres de incapable of giving consent to a contract, the contract
Villanueva appeared in court alleging that her becomes voidable* or annullable even though there was no
husband, Sixto Villanueva, had been declared damage to the contracting party.
permanentlyinsane by the Court of First Instance
CC Article 1403 (3): A contract where both parties are
of Manila and wishes for the exemption of the
incapable of giving consent is unenforceable** unless ratified.
husband from paying the said bond as he is said
to be suffering from monomania of wealth. *A voidable contract is one whose validity can be disputed in
Held: Burden of proof for insanity lies on the court as opposed to
person who alleges it. There were no evidence to **an unenforceable contract which is valid or binding only
between the two parties but is likewise unenforceable in
prove insanity, save from the declaration of the
court.
Court of First Instance. There were, in fact, a
preponderance of evidence stating otherwise, CC Article 1397: Persons who are capable cannot allege the
among these are the lack of restriction on the incapacity of those with whom they contracted.
husband (the husband is not habitually
insane), the apparent sound mind of Villanueva CC Article 1399: An incapacitated is not obliged to make
restitution except in so far as he has benefited from the
during the execution of the contract (he contract.
understood the nature of the bond), and he CC Article 1426: There is no right to demand a thing or
has made contracts prior to that (the husband price from a minor who, because of lack of consent from the
had not been insane prior to the execution parent or guardian, upon the annulment of the contract,
of the bond). returns the thing or price he received.
4
valid and binding. They are therefore estopped* Held: By virtue of Section 50 and 51 of the
from alleging otherwise. Civil Rights Law, a person’s pictures, name,
etc., can be used if written consent is given.
*barred from disputing the genuineness of the deed of sale,
as in the case of Mercado vs. Espiritu.
If the person is a minor, his or her parents
can give the consent. As such, the consent
Bambalan vs. Maramba and Muerong was valid. Section 3-105 cannot be invoked
Facts: Isidro Bambalan was the heir of a piece of as Shields did not fall under the categories
land owned by Vicente Lagera, deceased. stipulated under the said statutory provision .
Bambalan was forced by Maramba and Muerong
to whom the mother owed P150, to sign a deed of Effect on Marriage of Minors
sale as his mother will otherwise be put in prison.
Bambalan signed the contract and both Muerong FC Article 5: Any male or female aged 18 and above, may
contract marriage.
and Maramba knew of his age as they were the
ones who procured the cedula necessary to FC Article 35: The following are void marriages from the
certify the contract. beginning:
Held: Plaintiff’s age was known to the contracting 1. Those contracted by any party below 18 years, even
parties as such, the contract is not valid and the with the consent of a parent or guardian
2. Those solemnized by a person not legally authorized
right of Bambalan as a minor can be enforced. to perform a marriage unless the married couple
believed in good faith that the person was authorized
CC Article 1489: All persons authorized by the Code can 3. Those solemnized without a license
enter into a contract of sale. When necessaries* are sold and 4. Those bigamous or polygamous
delivered to a minor or a person without capacity, he must 5. Those contracted through a mistaken identity
pay a reasonable price therefore.
6
CC Article 820: Any person of sound mind and legal age, not and lessen the estate to such an extent as to
blind, deaf or dumb and able to read and write, may be a expose the family to poverty.
witness to the execution of a will.
E. Civil Interdiction
People vs. Sasota
Facts: Fidel Sasota was found guilty of raping RPC Article 34: Civil interdiction shall deprive the offender of
Rufina Barbuco, a deaf and dumb girl. The crime the rights of parental authority or guardianship, either as to
person or property.
was witnessed by Severa Barbuco, a seven-year
old girl who testified along with Rufina. The RPC Article 11.2: Relatives that can be defended (without
defendant alleged that neither Rufina nor Severa criminal liability): spouses, ascendants, descendants,
can testify as one was deaf and dumb and the legitimate, natural or adopted brothers and sisters, relatives
other too young. by affinity in the same degree or relatives by consanguinity of
the 4th civil degree.
Held: The theory that deaf and dumb persons
cannot testify as a competent witness has been RPC Article 13.5: Acts which are committed in immediate
dispelled (People vs. de Leon) because it is not vindication of a grave offense to the one committing the
sufficient. For as long as the requisite intelligence felony (are mitigating circumstances).
required to understand the nature of the oath can
CC Article 54: Males 16 years upwards may contract
be proven then a deaf-mute can testify. In relation
marriage while females 14 years upwards may contract
to the seven year old, the court has held that a marriage.
child can testify as long as he or she can
understand the nature of the oath. CC Article 123: A person under civil interdiction may
contract marriage provided that there is a court designated
guardian available to witness the said marriage.
Director of Lands vs. Abelardo
Facts: Director of land claims that the failure of F. Family Relations
Fulgencia and Jose Dino to register any claim to
lots nos. 773 and 810 which was previously FC Article 37: Marriages between ascendants and
owned by their grandmother, is due to their being descendants of any degree or between brothers or sisters full
or half-blood, are considered incestuous and void.
deaf and dumb. As such, they were unable to act
within the prescriptive period within which they FC Article 87: Donations or grants given directly or indirectly
can register their claim. between spouses during marriage are void with the exception
Held: The state of being a deaf-mute is not of moderate gifts. The same is true for persons living together
considered an incapacity that will prevent a as husband and wife.
person from running of a prescriptive period.
- This is dictated by the principle of unity of
personality of spouses.
D. Prodigality
- Any person prejudiced by the donation or grant may
question its validity.
RC Article 92 (2): Persons suffering the penalty of civil
interdiction, hospitalized lepers, prodigals, deaf and dumb
CC Article 1109: Prescription* does not run between
who are unable to read and write, those of unsound mind and
husband and wife even though there is a separation of
other similar cases, cannot, without aid, take care of
property agreed upon in the marriage settlements. The same
themselves and manage their property.
is true between parents and children that are still minors or
those considered insane and between guardian and ward.
Martinez vs. Martinez CC Article 1490: Husband and wife cannot sell property to
Facts: Pedro Martinez appealed to the Supreme one another when separation of property has been agreed
Court to declare his father, Francisco Martinez, a upon and there has been judicial separation.
prodigal. Pedro Martinez alleged that since his
father’s marriage to Anastacia Ilustre, his father’s G. Alienage
second wife, the wide and her parents have been PC Article 12-
given properties amounting to $200,000. He Section 2: All natural resources, with the exception of
added that the administration has also been agricultural lands, are owned by the state. As such,
turned over to his father’s wife. Defendant stated exploration, development and utilization are under its full
that the son had, prior to the marriage, managed control and supervision. The State may undertake such
activities directly, in co-production, joint venture or
the estate by power of attorney but it was production sharing with Filipino citizens or corporations or
revoked because the son has mismanaged and associations where 60% of the capital is owned by Filipinos.
misappropriated the property. The estate was The same is true for agreements with foreign-owned
said to have flourished since it was managed by corporations.
Francisco Martinez’ wife and one half has also Only small-scale utilization of marine life is allowed.
Section 7: No private lands shall be transferred to individuals,
been in the ownership of Pedro Martinez, him corporations or associations qualified to acquire land, except
being the sole heir of the first wife. in cases of hereditary succession.
Held: Acts of prodigality must show a morbid Section 8: Natural-born citizens of the Philippines who has
state of mind and a disposition to spend, waste lost citizenship maybe a transferee of private lands subject to
limitations provided by law.
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Section 11: Franchise, certificate or any form of authorization 6. When the suit involves her paraphernal property,
for operation of public utility may be granted to citizens of the 7. When the action is a civil liability arising from a
Philippines or corporations, associations or organizations criminal liability,
where at least 60% of the capital is owned by Filipinos. All 8. If the litigation is based on the profession,
executive and managing officers of public utilities must be occupation or a business in which she is engaged,
citizens of the Philippines.
PC Article XIV-
Section 4: Educational institutions, apart from those owned
by religious groups or mission boards must be owned solely
by citizens of the Philippines or corporations or associations at
wherein 60% of the capital is owned by citizens. Congress
may legislate to increase Filipino equity participation.
No educational institution shall be established exclusively for
aliens. No group of aliens shall comprise more than one third.
These provisions do not apply to schools established for
foreign diplomatic personnel and their dependents.
Revenues, grants and endowments shall be exempt from
taxes.
PC Article XVI-
Section 11: Ownership and management of mass media shall
be limited to citizens of the Philippines or corporations,
cooperatives, associations wholly owned and managed by
such citizens.
Marriage
Congress shall prohibit monopolies in commercial mass media
Nature of Marriage
for the sake of public interest.
-Procedure by which a man and a woman become
Filipino citizens or corporations and or associations wherein
husband in wife, uniting for life.
seventy percent of capital is owned by citizens of the
-A status involving duties or responsibilities which
Philippines shall be allowed to engage in the advertising
are no longer matter for private regulations but the concern
industry. All executive and managing officers must be citizens
of the state.
of the Philippines.
-Civil or social institution which is the foundation of a
family and origin of domestic relations.
H. Absence
Purposes of Marriage
CC Article 390: An absentee shall be presumed dead for all
1. Reproduction
purposes, after an absence of seven years.
2. Education of the offspring
For purposes of succession, absentee shall be presumed dead
3. Mutual help
after 10 years or 5 years for those 75 and above.
Immediate purpose: constitute a complete and perfect
CC Article 391: The following are presumed dead for all
community between two individuals of different sexes.
purposes:
Remote purpose: preservation of human race.
1. Person on board a lost sea vessel or aeroplane,
2. Person missing for 4 years after taking part in a war,
FC Article 1: Marriage is a special contract of permanent
3. Person who after being in danger of death has not
union between a man and a woman entered into in
been heard from for four years.
accordance with law for the establishment of conjugal and
family life. It is the foundation of the family and an inviolable
FC Article 124: Conjugal partnership property belongs to
social institution whose nature consequences and incidents
spouses, jointly. In case of disagreement, the decision of the
are governed by law and not subject to stipulation, except
husband shall prevail and the wife may appeal for remedy in
that marriage settlements may fix the property relations
court within 5 years since the implementation of the contract.
during the marriage within the limits provided by this code.
Spouse may assume sole powers in case the other is
incapacitated.
Ordinary Contracts vs. Marriage Contracts:
Encumbrance or disposal of property shall be with the
- Ordinary contracts may be entered into by any
authority of the court or with the written consent of the
number of persons of whatever sex while marriage
spouse.
can be entered into only by one man and one
A contract with the authorization of the spouse is binding.
woman.
- In ordinary contracts the agreement of the parties
I. Marriage
have the force of law between them while in
CC Article 2259: The capacity of a woman to enter into
marriage, the law fixes the duties and rights of the
contract is governed by the civil code even if the marriage
parties.
occurred prior to the enactment of the said code.
- Ordinary contracts can be terminated by mutual
agreement of the parties while marriage cannot be
RC Rule 3, Section 4: A married woman cannot be sued
so terminated. Neither can it be terminated even
alone without joining her husband except:
though one of the parties subsequently becomes
1. When they are judicially separated,
incapable of performing his part.
2. If they have been separated for at least 1 year,
- Breach of ordinary contracts gives rise to an action
3. When there is a separation of property agreed upon
for damages while breach of the obligations of a
in marriage settlements,
husband or a wife does not give rise to such an
4. If the administration of all the property has been
action..
transferred to her,
5. When the litigation is between husband and wife,
8
- The State’s role is to protect the family as the foundation of Velez left a note saying that the said marriage
the nation. has to be postponed. The following day, another
PC Article XV-
note arrived saying the marriage was still going
*The states role is to protect the family as the foundation of to push through. After that, plaintiff has never
society. heard from him.
Section 1: State recognizes the Filipino family as the When plaintiff filed for evidence before the clerk
foundation of the nation. of court, the defendant was held in default and as
Section 2: Marriage is an inviolable social institution.
Section 3: State shall defend-
such, plaintiff was awarded P2,000 actual
1. The right of spouses to found a family in accordance damages, P25,000 moral damages and P2,500 for
with their religion and the demands of responsible attorney’s fees. Defendant filed a motion for relief
parenthood. and court gave both parties enough time to settle
2. The right of children to assistance, and special outside of court. No such settlement happened
protection.
and several times, the defendant asked for
3. The right of family to a family living wage income.
4. The right of families to participate in the planning extension.
and implementation of policies and programs that Held: The manner by which the defendant left the
affect them. plaintiff, only a few days before the wedding, was
Section 4: The family has the duty to care for its elderly contrary to good customs. At that time, the
members.
wedding has been aptly prepared and the visitors
had been notified and so, that the plaintiff was
Breach of Promise affected is no longer in question. Civil indemnity
is due in this case.
CC Article 19: Everyone must act with justice, give everyone
his due and observe honesty and good faith. Tanjanco vs. CA
-The exercise of a right ends where the right disappears and Facts: Apolinario Tanjanco and Arceli Santos are
it disappears when it is abused, to the prejudice of others. both of adult age. Santos consented to have
Good Faith- abstaining from taking advantage of others. sexual intercourse with Tanjanco with the promise
of marriage. After almost a year of such
-A bride or groom who breaks an engagement without reason relationship, Santos conceived of a child and due
causing moral and material injury to the other party is liable
for damages especially if the decision is made just before the
to humiliation she left her job at IBM Philippines
wedding and after a long engagement. where she received P230/ month. Tanjanco, then
refused to marry Santos who was no longer able
CC Article 20: Every person who willfully or negligently to support herself and the child. She was then
causes damage to another shall be liable for indemnity. prompted to sue for moral damages and to
-A person is required to act with prudence and diligence.
compel the defendant to support herself and the
child.
CC Article 21: Any person who willfully causes loss or injury Held: Article 21 cannot be invoked in this case as
to another in a manner contrary to morals, good customs or it was already evident to the woman that
public policy is liable for damages. Tanjanco no longer had any intention of marrying
-Acts which are not unlawful but are likewise contrary to
her even before she conceived of a child.
morals or good customs, public order or policy shall fall under Seduction, an example given by the code
this provision. This article was created to provide adequate commission under Article 21 connotes deceit,
legal remedy. enticement, and abuse of confidence. Such
features are not present in the case wherein
Willful Act- an act done with knowledge of the effect
- Seduction, wherein a woman who was promised with
there where several instances of sexual
marriage gives herself to a man but was later left by intercourse for a period of almost one year.
the man qualifies as deceit and may be used as basis
for indemnity. De Jesus vs. Syquia
- So long as there is a wrongful act and a resulting Cesar Syquia had sexual relations with Antonia
injury, there should be civil liability.
Loanco. Through a letter to a priest, he had made
-The injury must be the proximate cause of an act. it apparent that he wanted the child carried by
-No person shall unjustly enrich himself at the expense of Antonia to be recognized as his. In several other
another. letters, he referred to the child as “junior.” For a
while the two partners lived under one roof with
CC Article 2176- Whoever by act or omission causes
Antonia’s mother, after the birth of the child.
damage to another, there being fault or negligence, is obliged
to pay for the damage done. Such fault or negligence is Another child was conceived, upon which, Syquia
considered a quasi-delict and is governed by law. left, never to be heard from again. At the
christening of the child, Antonia named the child
Wassamer vs. Velez Ismael Loanco.
Francisco Velez and Beatrice Wassmer decided to Antonia then filed a suit against Syquia, to
get married on Septemeber4, 1954. On Sept. 2, recover P30,000 for damages for breach of
9
promise to marry and to pay for her maintenance which are contrary to the essential obligations of
along with the two children. Trial court ordered marriage wee permitted, it would invite an
that the first child be recognized and for Syquia endless field of controversy and litigation and
to pay a monthly maintenance of P50. would destroy the element of flexibility needed in
Held: Supreme Court affirmed the judgment on making adjustments to the new conditions of
the grounds that the breach of promise was not marital life.
satisfactorily proven, owing to the fact that the
sexual relations continued even after the birth of Challenges to the Traditional Marriage Models
the first child and even though there was still no “Looking Backward in Order to Look Forward”
marriage. In relation to the second child being By William H. Chafe
recognized, there was no proof to compel such -In the 1970’s, the status of women had already transformed
action. because of social and economic forces.
-After the “baby boom” of the 1950’s, there was a downturn
Marriage Models in the birthrate such that by 1970’s, the birthrate had
reached a level of zero population growth.
“Economics and the Public Purpose” -There was a trend in later marriages and of young women of
By John Kenneth Galbraith child bearing age joining the labor force.
-Industrialization eliminated the need for women to work. -Women also begun entering professions that have almost
-Rising standards of popular consumptions saw the need for exclusively been for men.
household managers—married women. -By 1970’s, the traditional norm of stay-at-home-mothers had
-The lady of the house is the chief menial to the household. already changed.
-Diversity and consumption increase made household Multiplier Effect- shifting values interacted with changing
management complex thereby requiring management skills. economic conditions to create a new pattern of family and
-Women were converted into “crypto servants” contributing ¼ work life.
of the Gross National Product by way of efficient
consumerism. The Changing Status of Women
Household- the disguise for the exercise of male authority
Neoclassical Consumer Equilibrium- the distribution of income Dunn vs. Palermo
to various uses so that satisfactions are roughly equal to the Facts: Rosary Palermo who is married to Denty
margin Cheatham has continued to use her maiden name
-Decisions depend on who earns a living. since her marriage. Because of a state-wide
-Women had only the power to implement decisions and not
make them.
compulsory registration law, Palermo lodged
-“The service of women to the economy is based on her sense information of her change of address listing her
of duty and capacity to affection.” name as Palermo. The registrar was prompted to
purge the name of Palermo from the registration
Graham vs. Graham list because Palermo refused to change her name,
Facts: On September 17, 1940, Sydney Graham citing Sec. 2-206 which states that registration of
contracted with Margarethe Graham to the effect a person shall be purged 90 days after he
that Margarethe shall pay Sydney the amount of changes his name or otherwise.
$300 per month until such time that the parties Palermo went to court seeking that the
no longer desire to continue with such an interpretation of the said rule be declared
arrangement. On July 11, 1933, the married erroneous or the statute be declared
couple divorced. The plaintiff then filed a suit unconstitutional, it being in violation of the 14 th
against his former wife in order to claim the amendment due process and equal protection
remaining amount of money that he should be clause.
accorded by virtue of the contract. Plaintiff Held: The use of a husband’s name is customary
alleged the contract was done so that he can and as such, the common law does not compel
accompany his wife on her travels. women to use their husband’s name. In the past,
The total amount claimed until November 7, 1939 the husband’s name was used to indicate the
was $25,000 with 3% interest per annum. The marital status of a woman. A person has a
defendant on the other hand alleged that the common right to adopt any name he or she wants
contract was not within the powers of a married to be known with. The use of husband’s name
woman under a Michigan law and that the divorce was mainly for indicating marital status. It was
should have effected the termination of the said more by practice rather than by law.
contract.
Held: Under the Michigan law invoked by the Private Contracts: When Valid, When Void?
defendant, women have no general power to
enter into a contract except in separation of In Re: Santiago
properties. Also, private contracts between Facts: This is an administrative case concerning
married individuals which are contrary to public Atty. Roque Santiago who executed a document
policy are unenforceable by virtue of Sec. 587 wherein it was stipulated that Ernesto Baniquit
entitled “Bargain to Change Essential Obligations and his wife Soledad Colores were from then on,
of Marriage.” The court held that if contracts separated, allowing either parties to marry again
10
without danger of becoming subject to any legal
action from either of the two parties. With this, Goodridge vs. Department of Public health
Baniquit got married to Trinidad Aurelio. Facts: In March and April of 2001, each of the
Santiago’s mistake, according to him, was due plaintiff couples attempted to obtain the marriage
mainly to his idea that a seven-year separation license from their respective city or town clerk’s
will allow for such action. In finding out his office. After their requirements had been
mistake, he called on Baniquit who at that time, completed, the clerk in each case refused to
was already married to someone else. accept the notice of intention to marry or denied
Held: The advice given and the document tended a marriage license on the ground that
to subvert the vital foundation of the family. Massachusetts does not recognize same-sex
Marriage, as stated in Article 1 of the Family marriages. Plaintiffs filed a suit alleging that
Code, is not subject to the stipulation. exclusion of same-sex couples from access to
marriage license and civil marriage and its
Selanova vs. Mendoza benefits is in violation of Massachusetts law.
Facts: Judge Alejandro Mendoza prepared and Held: Without the right to marry or the right to
ratified a document extrajudicially liquidating the choose to marry, one is excluded from the full
conjugal partnership of Saturnino Selanova and range of human experience and denied full
Avelina Ceriza. It was stipulated in the document protection of the laws for one’s commitment to
that the spouses should withdraw the adultery lasting human relationships.
and concubinage cases each had filed against Held: Defense of procreation is not sufficient
another. The defendant ratified the document because same-sex couples are still capable of
with the assurance that the spouses would ask procreation although their methods may not be
the Court of First Instance to approve the traditional. Likewise, these couples are capable of
agreement. According to the respondent, the rearing children in such a setting, affirmed by the
basis of the decision was Part 4 of Article 191 of Massachusetts law which allows adoption for
the Civil Code which stated that husband and same-sex couples. Same-sex couples should be
wife may agree upon the dissolution of marriage afforded the same benefits as opposite-sex
subject to judicial approval. couples by virtue of the Equal Protection and Due
Held: Respondent’s action was void as it violated Process clause of the 14th amendment.
Article 221 of the Civil Code which states that
contracts and any extrajudicial agreements are Baker vs. State
void. Facts: Same-sex couples brought action against
Judicial sanction for annulment of marriage the State, city and town seeking declaratory
should have been secured before hand. judgment that the refusal to issue them marriage
licenses violated the common benefits clause of
Requisites of Marriage the Vermont constitution. Plaintiffs claim that
Essential Requisites of Marriage
denial of marriage license was tantamount to
denial of legal benefits and protections of marital
FC Article 2: Essential Requisites of marriage are— relations.
1. Legal capacity of contracting parties who must be Held: Government is established for the common
male or female. benefit of the people and community as a whole.
2. Consent that is freely given in the presence of a
solemnizing officer authorized by the state to
The state interests in preventing the marriage of
conduct such marriage. same-sex couples which are: Procreation and
uniformity with other states, while valid, should
Legal Capacity of Male and Female not be employed through a means that would
prevent same-sex couples from acquiring the
Jones vs. Hallahan benefits inherent to married life.
Facts: Two women appealed the decision of the
Circuit Court which held that both of them cannot Defense of Marriage Act- Defense of marriage as an
marry one another. Plaintiffs claim that the institution, as upheld by 37 states in the United States
decision abridges the Equal Protection clause and - 4 States have explicitly banned same-sex marriages.
Due Process clause of the fourteenth - Vermont and Massachusetts have come up with
legislation that would allow same-sex couples to
amendment. enjoy the benefits that opposite-sex married couples
Held: Marriage, in many widely circulated enjoy. In Vermont, it is done through a civil union, in
dictionaries, are defined as a “union between Massachusetts, same-sex marriage is now allowed.
man and woman,” and there is no authority to
the contrary. Consent Freely Given
The plaintiffs were not being prevented by the FC Article 4: Marriage is rendered void in the absence of any
statutory provision to marry. Rather, they were of the essential requisites (stated in Article 2 of FC). If there
being prevented by themselves. is any irregularity in the formal requisites, the validity shall
11
not be affect validity but either or both parties are civilly, 5. Declaration that they take each other as husband
criminally and administratively liable. and wife.
12
Navarro vs. Domagtoy PD965: A decree requiring applicants for marriage licenses to
Facts: This is an administrative case filed by receive instructions on family planning and responsible
parenthood.
Rodolfo G. Navarro against Hernando C.
Domagtoy who allegedly solemnized the Republic of the Philippines vs. CA and
marriage between Gaspar A. Tagadan and Arlyn Castro
Borja despite knowledge that the groom was only Facts: Angelina M. Castro filed a petition for a
separated with his former wife who was already judicial declaration of nullity of her marriage to
absent for seven years. Also, the respondent Edwin F. Cardinas which was granted by the Court
judge also solemnized the marriage of Floriano of Appeals. Then petitioner Castro was separated
Sumaylo and Gemma del Rosario outside the after four months of marriage with Cardinas. As
jurisdiction of the respondent. such, Castro sought for the nullity of her marriage
Held: On the second marriage, there is a resulting before she left for the US. Plaintiff Republic of the
irregularity because marriage may only be Philippines challenged the decision of the
conducted elsewhere only if there is a written appellate court because Castro’s claim that there
request coming from both parties. In the case at was no marriage license was only supported by a
hand, the request only came from one party. “due search and inability to find” certification
Judges may only officiate weddings within their issued by the local civil registrar of Pasig and
jurisdiction otherwise there will be an irregularity Caustro’s own testimony.
with the formal requisites. Article 8 states that Held: No marriage shall be solemnized without a
marriages may be conducted elsewhere provided marriage license otherwise it will be rendered
that there is written request coming from both void ab initio. The certification of “due search and
parties to the marriage. inability to find” is sufficient to hold that no proof
of license exists and the testimony is sufficient
Aranes vs. Occiano because the marriage was a secret marriage and
Mercidita Aranes charged presiding judge under the circumstances it is understandable that
Salvador Occiano of gross ignorance of the law there can be no other witness.
for solemnizing her marriage with her husband
without a license and outside his jurisdiction. Moreno vs. Bernabe
Respondent judge claims that he agreed to Facts: Marilou Nama Moreno filed the complaint
solemnizing the marriage provided that the against Judge Jose C. Bernabe for grave
license will be delivered to him on the same day misconduct and gross ignorance of the law.
however, no such license ever came. No record of According to the complainant, respondent judge
the application for a marriage license because it solemnized her marriage with Marcelo Moreno,
was denied when the husband failed to present assured that the contract will be released after 10
the death certificate of his first wife. days. Respondent judge claims that the failure to
Held: Respondent judge is liable for failure to produce the contract was due to the failure of the
ascertain the existence of a marriage license. Local Registrar of Pasig to release the marriage
Presenting a marriage license after the license. He was assured, when he solemnized the
solemnization of the wedding does not, in any marriage, that the license was forthcoming as
way validate the marriage. Also, under BP 129, such, he agreed to conduct the ceremony but
the authority of the judges of inferior courts to reminded the plaintiff and her husband of the
solemnize marriage is confined to their territorial consequences of conducting the ceremony
jurisdiction. The authority of the judge to without a marriage license.
solemnize a marriage is derived from the Held: Marriage ceremonies, absent of a marriage
marriage license. license, are void ab initio.
Marriage License
People vs. Borromeo
FC Article 9: A marriage license shall be issued by the local Facts: Defendant Elias Borromeo appealed his
registrar of the city or municipality where either contracting conviction of parricide and his sentence of
party habitually resides, except in marriages where no license reclusion perpetua. On July 3, 1981, defendant
is required in accordance with chapter 2 of this Title.
killed his wife, Susana Borromeo. He claimed that
FC Article 34: No marriage shall be necessary for the Susana Borromeo was not his wife because no
marriage of a man and a woman who have lived together as marriage contract was executed during their
husband and wife for at least five years and without any legal marriage.
impediment to marry each other. The contracting parties shall Held: Defendant testified that he was indeed,
state the foregoing facts in an affidavit before any person
authorized by law to administer oaths. The solemnizing officer
married to Susana Borromeo. Nevertheless, had
shall also state under oath that he ascertained the there been an actual absence of a marriage
qualifications of the contracting parties and found no legal contract, persons living together in apparent
impediment to the marriage. matrimony are presumed to be married unless
13
evidence is presented to show otherwise. “Such is - Whatever venue is chosen, it must be within the jurisdiction
the common order of society. If parties were not of the solemnizing officer.
what they hold themselves to be, they will be FC Article 28: If the residence of either party is so located
living in constant violation of the law.” that there is no means of transportation to enable such party
to appear personally before the local civil registrar, the
Seguisabal vs. Cabrera marriage may be solemnized without the necessity of a
Facts: Andon Seguisabal charged Judge Jose marriage license.
- Applicable when one of the parties is handicapped
Cabrera of gross misconduct and grave ignorance
of the law for solemnizing the marriage of Jaime FC Article 29: The solemnizing officer shall state in an
Sayson and Marlyn Jagonoy without the requisite affidavit the executed before the local civil registrar or any
marriage license. The respondent was also said to other person legally authorized to administer oaths that the
have failed to transmit a copy of the marriage marriage was performed in articulo mortis or that the
residence of either party, specifying the barrio or barangay, is
contract he signed to the Office of the Civil
so located that there is no means of transportation to enable
Registrar of Toledo City within the required 15 such party to appear personally before the local civil registrar
days. The Respondent judge contended that he and that officer took the necessary steps to ascertain the
agreed to solemnize the marriage of the two ages and relationship of the contracting parties and the
parties with the agreement that the marriage absence of legal impediment to marriage.
license will be given in the afternoon, which the
FC Article22: The marriage certificate shall state:
couple failed to do. Years later when Marlyn 1. Full name, sec and age;
Jagonoy returned asking for the marriage contract 2. Citizenship, religion and habitual residence;
so that she can claim the pension of her 3. the date and precise time of the celebration;
deceased husband, respondent judge issued a 4. That the proper marriage license has been issued
according to law;
marriage contract despite of the knowledge that
5. That either or both of the contracting parties have
there is still no marriage license as the deceased secured the parental consent (if it applies);
and his widow failed to attend a family planning 6. That either or both of the contracting parties have
session. complied with the legal requirement regarding
Held: Cabrera was expected to follow the dictates parental advice (where it applies);
of his profession. His decision to commit an act 7. That the parties have entered into a marriage
settlement, if any, attaching a copy thereof.
outside the boundaries of the law cannot be
justified by good faith. Marriages solemnized FC Article 23: It is the duty of the solemnizing officer to
without a marriage license is void ab initio. furnish either of the contracting parties the original of the
marriage certificate and to send the duplicate and triplicate
Ceremony copies not later that fifteen days after the marriage, to the
local civil registrar of the place where the marriage was
FC Article 6: No prescribed form or religious rite for the solemnized. Proper receipts shall be issued by the local civil
solemnization of the marriage is required. It shall be registrar to the solemnizing officer transmitting the copies of
necessary however, for the contracting parties to appear the marriage certificate. The solemnizing officer shall retain in
personally before the solemnizing officer and declare in the his file the quadruplicate copy of the marriage certificate, the
presence of not less than two witnesses of legal age that they original of the marriage license, and the affidavit of the
take each other as husband and wife. This declaration shall be contracting party regarding the solemnization of the marriage
contained in the marriage certificate which shall be signed by in another place.
the contracting parties and their witnesses and attested by
the solemnizing officer. FC Article 24: It shall be the duty of the local civil registrar
In case of marriage in articulo mortis, when the to prepare the documents required and to administer oaths to
party at the point of death is unable to sign the marriage all interested parties without any charge in both cases. The
certificate, it shall be sufficient for one of the witnesses to the documents and affidavits filed in connection with applications
marriage to write the name of said party, which fat shall be for marriage licenses shall be exempt from documentary
attested by the solemnizing officer. stamp tax.
14
day of the marriage, the plaintiff never left her
company. Pacita Ballori attested otherwise. Apart
from that, several letters from the plaintiff for the Trinidad vs. CA, Trinidad and Trinidad
defendant prove that plaintiff indeed intended to Facts: Arturio Trinidad, was the son of Inocentes
marry the defendant. Trinidad and nephew of Lourdes and Felix
Held: The documents signed were sufficient to Trinidad. The three siblings, Inocentes, Lourdes
prove that what took place before the Justice of and Felix, inherited a piece of land from their
Peace was legal and the ceremony amounted to a father, Patricio Trinidad. Defendants claimed that
wedding. the land in question has been in their possession
since the death of their father and that Inocentes
Melecio Madridejo vs. Gonzalo de Leon died in 1941 and not in 1944 as alleged by
Facts: Eulogio de Leon and Flaviana Perez had Arturio. They also contend that Inocentes never
one child—Domingo de Leon. In the year 1915, fathered a child nor was he ever married. Arturio
Eulogio died leaving Flaviana with Domingo. on the other hand alleged that his father was
Flaviana later lived with Pedro Madridejo and bore married to Felicidad Molato, his mother. Several
a child—Melecio. On June 8, 1920, Flaviana, witnesses living within the neighborhood testified
knowing that she will die soon, married Pedro. to the marriage and the birth of Arturio and that
She died the following day. Melecio Madridejo Arturio contrary to the claims of Lourdes and Felix
claimed that he is the next of kin of Domingo de had lived in their house for some time. Relevant
Leon who died as well. Defendant claimed that public documents valuable as evidence were
the wedding of Pedro and Flaviana was not valid destroyed during the war.
because the solemnizing officer failed to send a Held: Marriage may be proven by relevant
copy of the marriage certificate to the Municipal evidences such as: testimony of a witness to the
Secretary. Also, Melecio Madridejo was allegedly matrimony, public and open cohabitation, birth
not a legitimate child. and baptismal certificate signed by the couple or
Held: Forwarding of the marriage certificate is not a mention of the marriage in other public
an essential requisite of the marriage. Failure to documents. Two witnesses attested that the
do so does not invalidate the marriage. For a couple cohabited and that Arturio was their son.
subsequent marriage to effectively legitimate a As proof of filiation with Felix and Lourdes, two
child born out of wedlock, the child must be family pictures were shown where Arturio was in
acknowledged by the parents in some public the company of Lourdes and Felix and the
document or be in the uninterrupted possession witnesses likewise attested that Arturio had lived
of the status of a natural child. In the case at with his aunt and uncle. The preponderance of
hand, Melecio Madridejo was not legitimated. No evidence supported the claims of Arturio.
public document to that effect exists and he was
not able to prove that he has been in an Vda. De Jacob vs. CA and Pilapil
uninterrupted status of the natural child. Facts: Plaintiff claimed to be the surviving spouse
of Dr. Alfredo E. Jacob and appointed special
Presumption of Marriage administratix for his estates by virtue of a
reconstructed marriage contract recognized by
CC Article 220: In case of doubt, all presumptions favor the their solemnizing officer who admitted that he
solidarity of the family. Thus, every intendment of law or
facts leans toward the validity of marriage, the indissolubility
lost the marriage contract earlier on. The court of
of the marriage bonds, the legitimacy of children, the appeals ruled against the plaintiff on the grounds
community of property during marriage, the authority of that no copy of the contract was sent and no
parents over their children, and the validity of defense for any record of the marriage existed and that Dr.
member of the family in case of unlawful aggression. Alfredo signed the contract with his thumbmark
RC Section 3 Rule 131: That persons acting as copartners
and not with his own name. Lastly, court of
have entered into a contract of copartneship;
appeals stated that the reconstructed marriage
1. That a man and woman deporting themselves as husband contract was signed by Benjamin Molina and not
and wife have entered into a lawful contract of marriage; by Jose Centera who the plaintiff said allegedly
lost the marriage contract.
2. That property acquired by a man and a woman who is
Held: Dr. Alfredo and Plaintiff Tomasa had lived
capacitated to marry each other and who live exclusively with
each other as husband and wife without the benefit of together for over five years and the deceased
marriage or under void marriage, has been obtained by their signed an affidavit to that effect. According to
joint efforts, work or industry. Article 76 of the Civil Code, no marriage license
shall be necessary when a man and a woman
3. That in cases of cohabitation by a man and a woman who
who have reached the age of majority have lived
are not capacitated to marry each other and who have
acquire properly through their actual joint contribution of together as husband and wife for at least five
money, property or industry, such contributions and their years. Also, failure to send a copy of the marriage
corresponding shares including joint deposits of money and certificate for record purposes does not invalidate
evidences of credit are equal.
15
the marriage. It was not the petitioner’s duty to
ensure that the copy reached the civil registrar’s
office. Secondary evidence proved that there was
a ceremony. The solemnizing officer and Adela
Pilapil attested to that effect. Also the name of
the couple was recorded in the Book of
marriages.
16
Psychological Incapacity vs. Insanity their responsibilities. It is essential that they must
- Insanity has varying degree; be shown as incapable of doing so.
- Insanity is curable
- There are lucid intervals in insanity Molina Guidelines in Applying Article 36
- Insanity is a ground for annulment in other countries 1. The burden of proof to show the nullity of the
marriage belongs to the plaintiff. Any doubt should
Note: Psychological incapacity was not defined using be resolved in favor of the existence and
examples to avoid ejusdem generis (exclusive enumeration) continuation of the marriage and against its
which might limit the applicability of the provision. It is dissolution and nullity.
therefore judged according to the facts of the case. 2. The root cause of the psychological incapacity must
be (a) medically or clinically identified, (b) alleged in
- Psychological incapacity should exist at the time of the complaint, (c) sufficiently proven by the experts
the marriage. and (d) clearly explained in the decision. The person
- Psychological incapacity is restricted to disorders alleged to be incapacitated must be psychologically
demonstrative of the utter sensitivity or inability to ill to the extent that the person could not have
give meaning and significance to the marriage. known the obligations he was assuming or knowing
them could not have given a valid assumption
Examples of psychological incapacity: thereof.
1. Homosexuality; 3. The incapacity must be proven to be existing at the
2. Satryiasis or Nymphomania; time of the celebration of the marriage. The evidence
3. Epilepsy with permanently recurring maladaptive must show that the illness was existing when the
manifestationsl parties exchanged vows.
4. Extremely low intelligencel 4. Such incapacity must also be shown to be medically
5. Habitual Alcoholism; or clinically permanent or incurable. Such incurability
6. Criminality may be absolute or relative only in regard to the
other spouse. Such incapacity must also be relevant
Manifestations of psychological incapacity: to the assumption of marriage obligations.
- Refusal of wife to dwell with the husband after 5. Such illness must be grave enough to bring about
marriage; the disability of the party to assume the essential
- Affliction which makes common life unbearable; obligations of marriage. The illness must be shown
- Sociopathic anomalies on husband’s part as downright inability or incapacity.
Santos vs. Bedia-Santos 6. The essential marital obligations are:
Facts: Louel Santos who was married to Julia a. The husband and wife are obligated to live
Bedia-Santos wishes to annul his marriage based together, observe mutual love, respect and
on Article 36 of the Family Code. Respondent has, fidelity, and render mutual help and support
(FC Article 68).
for the last seven years since filing for the b. The husband and wife shall fix the family
annulment, resided in the United States and has domicile. In case of disagreement, the court
contacted the petitioner only twice. shall decide. The court may exempt one
Held: Psychological incapacity refers to the spouse from living with the other if the
mental, not physical incapacity. It must be latter should live abroad or there are other
valid and compelling reasons for the
characterized by gravity, juridical exemption. However, such exemption shall
antecedence and incurability for it to be not apply if the same is not compatible with
considered a psychological incapacity. the solidarity of the family (FC Article 69).
Psychological incapacity is not a vice of consent. c. The spouses are jointly responsible for the
A person may have given his or her consent support of the family. The expenses for
such support and other conjugal obligations
freely without understanding the obligations of
shall be paid from the community property
the contract. Without consent, a marriage is void and in the absence thereof, from the income
ab initio. Without the ability to understand the or fruits of their separate properties. In case
nature of the contract, the marriage is merely of insufficiency or absence of said income or
voidable. fruits, such obligations shall be satisfied
from their separate properties (FC Article
70).
Republic of the Philippines vs. Molina d. The management of the household shall be
Facts: Respondent alleged that her husband the right and duty of both spouses. The
Reynaldo Molina was psychologically expenses for such management shall be
incapacitated because he showed signs of paid in accordance with the provisions of
Article 70 (FC Article 71).
immaturity, irresponsibility and dependence. She
also averred that her husband was never honest. 7. Interpretations given by the National Appellate
The Court of Appeals and Regional Trial Court Matrimonial Tribunal of the Catholic Church in the
upheld that the marriage was indeed, void. Philippines, while not controlling or decisive, should
Held: Psychological incapacity should refer to a be given great respect by our courts.
mental and not physical incapacity. It is confined
to the most serious personality disorders clearly Apiag vs. Cantero
demonstrative of an utter insensitivity or inability Facts: Maria Apiag filed an administrative case
to give meaning and significance to the marriage. against her husband, respondent judge,
It is not enough that the parties failed to meet Esmeraldo G. Cantero. The Court of Appeals
decided that the respondent acted in grave
17
misconduct. The plaintiff and respondent were attested that neither of them had any physical
married and petitioner bore 2 children by that problem. Defendant alleged that the wife was
marriage. After the second child was born, afraid to consummate the marriage and afraid
respondent judge left for no reason. Plaintiffs, that she would have to return the jewelry given to
through their counsel asked respondent for her.
support and for the children to be declared legal Held: Whether or not it was the husband who
heirs. Complainants subsequently learned that refused to consummate the marriage is
respondent has contracted another marriage with immaterial. The fact still stands that it has not
whom he had 5 children. Respondent been consummated. There may be physical and
misrepresented himself in his declaration of not psychological reasons as to why the marriage
assets and liabilities by putting the name of the should not be annulled but the evidence to that
second wife on the said statement. He contended effect was not presented. Catholic marriage
that the first marriage was void ab initio because tribunals attribute the causes to psychological
he and his first wife never cohabited and he was incapacity than stubborn refusal. The natural
forced into the marriage. He added that he and order between spouses is sexual intimacy.
the petitioners have settled amicably and he has
agreed to give the children ¼ of his retirement Antonio vs. Reyes
benefits. Facts: Petitioner filed a petition for the declaration
Held: While he did not act in grave misconduct, of his marriage to respondent as null and void on
he acted in impropriety when he failed and the grounds of psychological incapacity as
refused to attend to the needs of his children. manifested by several instances of lying and
Although it is undisputed that the judge did not concealment of an illegitimate child by
obtain a judicial declaration of nullity of his first Respondent Ivonne Reyes. Petitioner alleged that
marriage, pursuant to the jurisprudence respondent fabricated stories which bordered on
prevailing at the time of the second marriage, it the ridiculous.
has been established that no such declaration Held: Marriage was void by virtue of the Molina
was necessary. guidelines, fulfilled by the Petitioner.
18
- Final judgment is needed to avoid confusion because one of Facts: Serafia Tolentino was the wife of the
the parties may contract another marriage which would be deceased, Amado Tolentino. Petitioner requested
bigamous and therefore void during the pendency of the trial
for the other marriage.
the correction of an entry on the death certificate
of the deceased which states that the name of his
FC Article 41: A marriage contracted by any person during surviving spouse was Maria Clemente. Amado
the subsistence of a previous marriage shall be null and void, Tolentino married his second wife, Maria
unless before the celebration of the subsequent marriage, the Clemente while his first marriage was still in
prior spouse had been absent for four* consecutive years and
the spouse present had a well-founded belief that the absent
effect. When the deceased was charged with
spouse was already dead. In case of disappearance where bigamy, he pleaded guilty and served the
there is danger of death under the circumstances set forth in corresponding sentene. The petition was
the provisions of Article 391 of the Civil Code, an absence of dismissed by Hon. Edgardo Paras on grounds that
only two years shall be sufficient. the issue was a marital relationship, and that the
For the purpose of contracting the subsequent marriage under
court has no jurisdiction.
the preceding paragraph, the spouse present must institute a
summary proceeding as provided in this Code for the Held: The petition was meritorious. The court had
declaration of presumptive death of the absentee, without jurisdiction because the wife was, initially,
prejudice to the effect of reappearance of the absent spouse. seeking a judicial declaration that she was the
lawful spouse of the deceased. The plea of guilt
FC Article 44: If both spouses of the subsequent marriage
of the deceased effectively established that the
acted in bad faith, said marriage shall be void ab initio and all
donations by reason of marriage and testamentary second marriage was in fact, void ab initio and
dispositions made by one in favor of the other are revoked by that the petitioner was the lawful spouse.
operation of law.
Wiegel vs. Sempio-Diy
RA 8533 Lilia Wiegel appealed for the reversal of the
CC Article 390: After an absence of seven years, it being decision of respondent judge, Sempio-Diy
unknown whether or not the absentee still lives, he shall be because, in the petition for the declaration of
presumed dead for all purposes, except for those of nullity of marriage filed by Karl Heinz Wiegel
succession. The absentee shall not be presumed dead for the against petitioner, respondent judge ruled against
purposes of opening his succession till after an absence of ten the presentation of evidence. When petitioner
years. If he disappeared after the age of seventy-five years,
an absence of five years shall be sufficient in order that his
was married to the plaintiff, she had a previous
succession may be open. existing marriage. Petitioner claimed that the first
marriage was void ab initio because she was
CC Article 391: The following shall be presumed dead for all forced into marrying her first husband.
purposes, including the division of the estate among the Held: There was no need to present evidence
heirs;
1. A person on board a vessel lost during sea voyage,
because if there had been, in fact, intimidation
or an airplane which is missing, who has not been during the first marriage, the said marriage would
heard of for four years since the loss of the vessel or have been rendered voidable and not void. Had
airplane; the marriage been void, a judicial declaration
2. A person in the armed forces who has taken part in would still be necessary.
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 Terre vs. Terre
known for four years. Facts: Petitioner charged Atty Jordan Terre with
gross immoral conduct for contracting a second
People vs. Mendoza marriage while he has a subsisting marriage. The
Facts: Appellant was married to Jovita de Asis on petitioner alleged that while she was still in her
August 5, 1936. On May 14, 1941, appellant previous marriage with her first cousin, she was
married Olga Lema. On February 2, 1943, the first courted by defendant and was advised that she
wife of appellant died. On August 19, 1949, was free to contract a second marriage because
appellant married one Carmencita Panlilio. her first marriage was void. Petitioner took the
Appellant was then charged with bigamy but he advise and married herein respondent but, after a
contended that his marriage to Olga Lema was few years, the respondent took off. Later the
void ab initio and therefore non-existent. In that petitioner found out that respondent had
light, he claimed, that his marriage to Carmencita contracted another marriage.
was not bigamous. Held: A judicial declaration is necessary to
Held: The marriage law in effect at the time the determine whether a person is legally free to
appellant contracted with his second wife, Olga contract a second marriage. Without such
Lema, states that his marriage to Lema was void declaration, the subsequently existing marriage is
ab initio. No judicial decree was necessary to sustained.
establish its invalidity.
Atienza vs. Brillantes
Tolentino vs. Paras
19
Facts: Complainant charged respondent Judge remarrying, it does not expressly state that it is
Fransisco Brillantes with gross immoral conduct exclusive for that purpose alone. The Family Code
after having found said respondent sleeping in his provides that among the effects of the judicial
own bed, apparently cohabiting with his wife. declaration is the immediate separation of
Complainant left his wife and kids. Complainant property.
alleged that the said judge was, at that time,
married to one Zenaida Ongkiko with whom he
Effects of Nullity
had 5 children. Respondent denied the allegation
saying that his marriage with Ongkiko was void FC Article 50: The effects provided for by paragraphs 2, 3,
ab initio because it was solemnized without a 4, and 5 of Article 43 and Article 44 shall also apply in the
marriage license. Respondent likewise argued proper cases to marriages which are declared void ab initio or
that Article 40 of the family code was not in effect annulled by final judgment under Article 40 and 45.
The final judgment in such cases shall provide for the
when his first marriage took place. liquidation, partition and distribution of the properties of the
Held: Judicial declaration of nullity of a previous spouses and the custody and support of the common children,
marriage is needed for purposes of remarriage. and the delivery of the presumptive legitimes, unless such
The Family Code can be applied retroactively so matters had been adjudicated in previous judicial
long as vested rights will not be impaired by its proceedings.
All creditors of the spouses as well as of the absolute
application.
community or the conjugal partnership shall be notified for
the proceedings for liquidation.
Borja-Manzano vs. Sanchez In the partition, the conjugal dwelling and the log on which it
Facts: Complainant avers that she is the lawful is situated shall be adjudicated in accordance with the
wife of the late David Manzano. Her husband provisions of Articles 102 and 129.
contracted another marriage while the first one
FC Article 51: In said partition, the value of the presumptive
was still in effect, solemnized by herein legitimes of all common children, computed as of the date of
respondent judge. Respondent contends that he final judgment of the trial court, shall be delivered in cash,
did not know that the two were only legally property or sound securities, unless the parties, by mutual
separated and that all he knew was the two had agreement judicially approved, had already provided for such
matters.
been cohabiting for seven years. He cited Article
The children or their guardian or the trustee of their property
34 which states that no license shall be necessary may ask for the enforcement of the judgment.
for the marriage of a man and a woman who have The delivery of the presumptive legitimes herein prescribed
lived together as husband and wife for at least 5 shall in no way prejudice the ultimate successional rights of
years. the children accruing upon the death of either or both of the
Held: The requisite of Article 34 is that there is no parents but the value of the properties already received under
the decree of annulment or absolute nullity shall be
legal impediment between the parties. The said considered as advances on their legitimes.
article is merely a ground for exemption for
marriage license. The judge knew of the FC Article 52: The judgment of annulment or of absolute
subsisting marriage as it was stated in the nullity of the marriage, the partition and distribution of the
marriage certificate and in the affidavit signed by properties of the spouses, and the delivery of the children’s
presumptive legitimes shall be recoded in the appropriate civil
the parties. registry and registries of property; otherwise, the same shall
not affect the third persons.
Domingo vs. Court of Appeals
Facts: Delia Soledad Domingo sought the judicial FC Article 53: Either of the former spouses may marry again
declaration of nullity of marriage and separation after compliance with the requirements of the immediately
of property against petitioner Roberto Domingo preceding Article; otherwise, the subsequent marriage shall
be null and void.
on the grounds that the petitioner had a valid and
existing marriage with one Emerlinda dela Paz. FC Article 54: Children conceived or born before the
The first wife sued petitioner for bigamy. judgment of annulment or absolute nullity of the marriage
Respondent claimed that the petitioner has been under Article 36 has become final and executory shall be
dependent on her and since she left to work in consicered legitimate. Children conceived or born of the
subsequent marriage under Article 53 shall likewise be
Saudi, she has amassed some P350,000 worth of legitimate.
properties which were under the possession and
administration of herein petitioner until Ninal vs. Bayadog
respondent found out about the first marriage. Facts: Petitioners request the annulment of the
Petitioner alleged that there was no cause for marriage of their father to Norma Bayadog. On
action because the marriage was void ab initio September 26, 1974, Pepito married Teodulfa.
and judicial declaration of nullity of marriage is Teodulfa died on April 24, 2985 and, on December
only sought for purposes of remarrying and no 11, 1986, Pepito married Norma Bayadog. The
such intention has been expressed. marriage was contracted without a license.
Held: Although it is stated in the Family Code that Instead, the couple signed an affidavit stating
judicial declaration is needed for purposes of that they had been cohabiting as husband and
20
wife for 5 years. The code in effect during the
time of the marriage was the Civil Code.
According to Article 76 of the said code, marriage
between a man and a woman who have been
living together for more than 5 years no longer
requires a marriage license. Pepito died in
February of 1997.
Held: Marriage of Pepito Ninal Sr. and Norma
Bayadog is null and void. It is evident that only 20
months elapsed between the time of the death of
the first wife and the marriage with the second
wife. Had the two been cohabiting for five years, Voidable Marriages
such cohabitation, and the marriage, was not Grounds for Annulment
within the capacity of the deceased. The children FC Article 45: A marriage may be annulled for any of the
do not have standing to cause action but, following causes, existing at the time of the marriage:
because the marriage was null and void, it is 1. That the party in whose behalf it is sought to have
likewise non-existent. marriage annulled was eighteen years of age or over
but below twenty-one, and the marriage was
- For marriages of exceptional character, there should be no solemnized without the consent of the parents,
legal impediment on the part of either party. The one guardian or person having substitute parental
contracting a marriage should have legal capacity to do so. authority over the party, in that order, unless after
attaining the age of twenty-one, such party freely
cohabited with the other and both lived together as
husband and wife;
2. That either party was of unsound mind, unless such
party after coming to reason, freely cohabited with
the other as husband and wife;
3. That the consent of either party was obtained by
fraud, unless such party afterwards, with full
knowledge of the facts constituting the fraud, freely
cohabited with the other as husband and wife;
4. That the consent of either party was obtained by
force, intimidation or undue influence, unless the
same having disappeared or ceased, such party
thereafter freely cohabited with the other as husband
and wife;
5. That either party was physically incapable of
consummating the marriage with the other, and such
incapacity continues and appears to be incurable;
6. That either party was afflicted with a sexually-
transmitted disease found to be serious and appears
to be incurable.
21
1. That it exists at the time of the celebration of the defendant, Tenorio only suffered ailment after
marriage; giving birth to her 4th child.
2. That it continues to the time when the case for
annulment is being tried;
Held: The couple cohabited for seven years and
3. That it appears to be incurable, plaintiff admitted that there had been lucid
4. That the other contracting party is aware of it. intervals therefore, the marriage cannot be
- In impotence, the person cannot have sex. In sterility, the annulled. Insanity has to be a permanent
person cannot procreate. condition. If at the time of the celebration of the
- Impotence is not a ground for declaration of nullity because
the injured spouse may accept the impotence of his or her
marriage there was nothing wrong with the
spouse. mental health of the other spouse, marriage
FC Article 46: The following shall constitute fraud: cannot be annulled.
1. Non-disclosure of a previous conviction by final
judgment of the other party of a crime involving Aquino vs. Delizo
moral turpitude;
Facts: Petitioner requests the annulment of her
2. Concealment by the wife of the fact that at the time
of the marriage, she was pregnant by a man other marriage on the ground of fraud, claiming that his
than her husband; wife was 4 months pregnant at the time that they
3. Concealment of sexually transmissible disease, were married and the child was that of another
regardless of its nature, existing at the time of the man. The appellate court dismissed the petition
marriage;
on the grounds that it was unbelievable that the
4. Concealment of drug addiction, habitual alcoholism
or homosexuality or lesbianism existing at the time petitioner was unable to tell if his wife was
of the marriage. pregnant.
No other misrepresentation or deceit as to character, health, Held: Petition must be granted because
rank, fortune or chastity shall constitute such fraud as will pregnancy is hardly noticeable at five months and
give grounds for action for the annulment of marriage. the wife was plump.
-A marriage cannot be annulled simply on the ground that the
wife concealed the fact that she had been lewd and corrupt Anaya vs. Palaroan
and had an illegitimate child prior to the marriage. Facts: Defendant Fernando filed an action for
annulment on grounds that his consent to the
marriage was obtained through force and
FC Article 48: In all cases of annulment or declaration of
absolute nullity of marriage, the court shall order the
intimidation. The complaint was dismissed.
prosecution attorney or fiscal assigned to it to appear on Herein petitioner then sought the annulment of
behalf of the State to take steps to prevent collusion between her marriage to Fernando on the grounds of
the parties and to take care that evidence is not fabricated or fraud, saying that her husband concealed the fact
suppressed. that he had marital relations with another woman
RPC Article 344: The crimes of adultery and concubinage
prior to the marriage.
shall not be prosecuted except upon a complaint filed by the Held: Concealment of premarital relations was
offended spouse. not among the kinds of fraud stated in the Civil
The offended party cannot institute criminal prosecution Code (Family Code). The pertinent provision is not
without including both the guilty parties, if they are both subject to interpretation as it was also expressly
alive, nor in any case, if he shall have consented or pardoned
the offenders.
stated that “no other misrepresentation or deceit
shall constitute fraud.”
Force- Physical injury, violence, irresistible intimidation or
threat Ruiz vs. Atienzs
Undue influence- a person who takes improper use of his Acts: Plaintiff requests the annulment of her
power
marriage on the ground that his consent was
- The person who can ratify is the injured party; given under duress. His wife, whom he had
- The injured party can file for annulment within five premarital relations, bore a child. When the child
years was born, the father of his wife allegedly
- If the injured party freely cohabited after the approached him with a knife and in the company
cessation of the ground for annulment (except in
of a lawyer. The lawyer threatened his entrance
impotence and sexually transmitted diseases), he is
estopped from annulling the marriage. to the bar.
RATIFICATION cures the defect of the marriage and it Held: Petition cannot be granted because the
retroacts to the day of the marriage or the day of giving petitioner had several chances of escape before
consent. the marriage and because his wife bore his own
child. Where a man marries under threat of or
Katipunan vs. Tenorio
constrain from lawful prosecution for seduction or
Facts: Plaintiff Marcos Katipunan brought action
bastardy, he cannot avoid marriage on the
against Rita Tenorio seeking the annulment of
ground of duress. Proof of bodily harm must be
their marriage. He alleged that the defendant was
sufficiently shown. Threat to obstruct admission
not of sound mind at the time they contracted
to the bar does not constitute duress. Only if the
marriage. According to the guardian of the
22
threat is so grave that the person is not acting in the same status, rights and obligations as
his own freewill that a marriage becomes void. acknowledged children.
- Voidable marriages are considered valid and
RELUCTANCE vs. VITIATION produces all it civil effects until it is set aside by final
- In reluctance, the person consents to the marriage judgment of a competent court in an action for
but gives it anyway. annulment. The annulment fo the marriage dissolves
- In vitiation, there is an actual, external force the special contract but the effects of the marriage
will not be wiped out completely. Children born of
voidable marriages shall be considered legitimate.
Jimenez vs. Canizares - To annul means to reduce to nothing. Null and void
Facts: Petitioner filed an action to annul his means something does not exist from the beginning.
marriage to respondent on the ground that the
orifice of the vagina of his wife was too small to Marriage when one spouse is absent
allow penetration. For that reason, petitioner has
CC Article 83: A marriage subsequently contracted by any
left the conjugal abode. The defendant failed to person during the lifetime of the first spouse of such person
comply with the order of medical examination with any person other than such first spouse shall be illegal
and so, the lower court granted the annulment. and void from its performance unless:
Held: Presumption will always be in favor of 1. The first marriage was annulled or dissolved;
potency. It is understandable that a woman would 2. The first spouse had been absent for seven
consecutive years at the time of the second marriage
refuse to subject herself to physical examination.
without the spouse present having news of the
The testimony of one party is not sufficient to absentee being alive, or if the absentee though he
annul the marriage because to do so will open the has been absent for less than seven years, is
court to cases of collusion between the spouses generally considered as dead and believed to be so
for the annulment of their marriage. by the spouse present at the time of contracting
such subsequent marriage, or if the absentee is
presumed dead according to articles 390 and 391.
Sarao vs. Guevara The marriage so contracted shall be valid in any of
Facts: On the day of the marriage of the plaintiff the three cases until declared null and void by a
and the defendant, the marriage was not competent court.
consummated because the defendant complained
CC Article 85: A marriage may be annulled for any of the
of pains. The defendant was operated on and her
following causes, existing at the time of the marriage:
uterus and ovaries were surgically removed. The (2) In a subsequent marriage under article 83, number 2,
removal rendered the defendant incapable of that the former husband or wife is believed to be dead was in
procreation as such, plaintiff wants his marriage fact living and the marriage with such former husband or wife
with the respondent annulled. was then still in force.
Held: Impotency is not inability to procreate but
inability to copulate. Inability to copulate cannot Jones vs. Hortiguela
be a ground for annulment and a temporary or Facts: Petitioner requests that she be declared
occasional incapacity cannot be used as a ground the sole heir of the intestate estate of Marciana
to nullify a marriage. Escano, her mother. Prior to the motion, at the
time when petitioner was still a minor,
People vs. Santiago respondent was awarded a fixed rate of P10,000
for the administration of the estate of the
Suntay vs. Cojuangc-Suntay deceased. Petitioner alleged that when her
Facts: Petitioner opposed the petition filed by mother remarried in May 1927, the judicial
respondent for the issuance of letters of declaration of the absence of her father was not
administration (of the estate of her paternal yet effective. As such, the marriage of the
grandmother) in her favor on the grounds that he deceased and the respondent was null and void.
was the surviving spouse of the deceased, and Held: Petition denied. Absence of one spouse
that the petitioner and the deceased have been shall be counted from the last day of
alienated from the family of the respondent. He communication or from the reception of the last
likewise alleged that respondent was not a news regarding the absent spouse. In this case,
legitimate child because the marriage of her the first spouse was absent for 9 years.
parents, Emilio Aguinaldo Suntan (son of Effects of pending action or decree
petitioner) and Isabenl Cojuangco-Suntay was FC Article 49: During the pendency of the action and in the
declared null and void because Emilio was found absence of adequate provisions in a written agreement
to be schizophrenic at the time of his marriage. between the spouses, the Court shall provide for the support
Held: A child born out of a voidable marriage of the spouses and the custody and support of their common
before the decree of annulment is considered a children. The Court shall give paramount consideration to the
moral and material welfare of said children and their choice of
legitimate child. parent with whom they wish to remain as provided for in Title
IX. It shall also provide for appropriate visitation rights for the
- Void marriages are deemed never to have taken other parent.
place at all but the children born of that marriage
who are called natural children by legal fiction have
23
FC Article 50: The effects provided for by paragraphs (2), husband must be declared null and void on the
(3), (4), (5) of the Article 43 and by Article 44 shall also apply ground of bigamy. At the time of the marriage of
in the proper cases to marriages which are declared void ab
initio or annulled by final judgment under Articles 40 and 45.
petitioner and her deceased husband, private
The final judgment in such cases shall provide for the respondent was still also married with him.
liquidation, partition and distribution of the properties of the Petitioner contended that the Regional Trial Court
spouses, the custody and support of the common children and had no jurisdiction because both the petitioner
the delivery of their presumptive legitimes unless such and the deceased were Muslims.
matters had been adjudicated in previous judicial
proceedings.
Held: Under the Judiciary Reorganization Act of
All creditors of the spouses as well as of the absolute 1980, Regional Trial Courts have jurisdiction over
community or the conjugal partnership shall be notified of the all actions involving the contract of marriage and
proceedings for liquidation. marital relations. In this case, both the petitioner
In the partition, the conjugal dwelling and the lot on which it and the deceased were married through a civil
is situated shall be adjudicated in accordance with Articles
wedding and whether or not they were likewise
102 and 129.
married in a Muslim wedding, shari’a courts are
FC Article 51: In said partition, the value of the presumptive still not vested with original and exclusive
legitimes of all common children, computed as of the date of jurisdiction over marriages married under civil
the final judgment of the trial court shall be delivered in cash, and Muslim laws.
property or sound securities, unless the parties, by mutual
agreement judicially approved, had already provided for such
matters.
The children or their guardian or the trustee of their property
may ask for the enforcement of the judgment.
The delivery of the presumptive legitimes herein prescribed
shall in no way prejudice the ultimate successional rights of
the children accruing upon the death of either or both of the
parents; but the value of the properties already received
under the decree of annulment or absolute nullity shall be
considered as advances on their legitimes.
Jurisdiction
Violence- must be of a serious degree but does not have Concubinage- The act of the husband having sexual
to amount to an attempt against the life of the defendant intercourse with his wife shall constitute concubinage if:
- The violence must be repeated, to the extent 1. He maintains a mistress in the conjugal dwelling;
that common life with defendant becomes 2. there is sexual intercourse with the other woman
extremely difficult for the plaintiff. under scandalous circumstances;
3. the husband cohabits with another woman other
- Physical violence or moral pressure to compel than his wife in any other place.
the plaintiff to change religious or political
affiliation need not be repeated. There must Cohabit- to dwell or live together in the same house as
be some element of coercion present, whether husband and wife.
physical or moral.
Legal Separation vs. Separation of Property
- The guilt for the corruption or inducement to - In legal separation, there is a suspension of
prostitution must be on only one spouse. the common marital life, both as to person
and property.
- The crime for which a spouse may have been - In separation of property, only the property
convicted may have no bearing at all on the relation is affected and the spouses may
relationship of the husband and wife. continue living together.
- Separation of property can be effected by
- If drug addiction, habitual alcoholism, agreement of the spouses, subject to judicial
lesbianism or homosexuality existed at the approval; but a decree of legal separation
time of marriage but were unknown to the cannot be rendered upon agreement of the
other party, they would constitute a ground parties.
for annulment of marriage as fraud. If they
come to exist after the celebration of the Legal Separation vs. Separation of Spouses
25
- Legal separation can be effected only by Facts: Respondent judge Hon. Senen C.
decree of the court; but the spouses may be Penaranda ordered petitioner to pay for the
separated in fact without any judgment of the
court.
support of private respondent Teresita Gandionco
and his child. Private respondent filed a complaint
People vs. Zapata and Bondoc for legal separation against petitioner on the
Facts: Petitioner husband Andres Bondoc filed a ground of concubinage. Private respondent
complaint of adultery against his wife, Guadalupe likewise requested for support and payment of
Zapata and her paramour, Dalmacio Bondoc. The damages. Petitioner Froilan Gandionco claims that
two respondents cohabited and had repeated the civil action for legal separation and the
sexual intercourse from 1946 to March 1947. The application for support should be suspended
defendant wife entered a plea of guilty and was because of the pending criminal case for
sentenced to suffer four months in prison. concubinage filed against him. His contention was
Respondent Dalmacio Bondoc on the other hand, based on Article 111 Section 3 of the 1985 Rules
claimed that he did not know that Guadalupe on Criminal Procedure which states that a
Zapata was married. On September 1948, pending civil action instituted for civil liabilities
petitioner once again filed a complaint of adultery should be suspended until the criminal action
for acts committed from March 1947 to arising from the same offense is over.
September 1948. Defendant then filed a motion Held: The court held that a civil action for legal
to quash on the ground that they will be twice put separation may proceed ahead of or
in jeopardy. The motion was granted by the lower simultaneously with a criminal action for
court on the ground that adulterous acts must be concubinage because the said civil action is not
considered as a continuing offense. one to “enforce civil liability” but rather to obtain
Held: The court held that adultery as a crime of the right to live separately. Petitioner’s argument
result and not of tendency, is consummated at that conviction for concubinage must be secured
the moment of carnal union. Continuous crimes before an action on legal separation can prosper
exist if there is a plurality of acts performed lacks merit because unlike in criminal procedures,
separately during a period of rime, unity of penal proof of concubinage in a civil procedure is based
provisions violated and unity of criminal intent or on preponderance of evidence and not proof
purpose. In short, continuous crimes are aimed at beyond reasonable doubt.
committing a single offense. In adultery, each
instance of sexual intercourse is a separate US vs. McMann
crime. Also, the court held that there is no legal Facts: Defendant Robert McMann and one McKay
provision which bars the filing of as many were employed at the Quartermaster’s
complaints for adultery as there were adulterous Department of the Army. While at the place of a
acts committed. certain Moro, Amay Pindolonan asking for
matches to light a cigarette, McMann suddenly
Munoz vs. Del Barrio fired at McKay. McKay was struck in the back of
Facts: Felicidad Munoz and Jose del Barrio the head and killed instantly. Amay Pindolonan
quarreled frequently and on those occasions, tried to run but McMann also shot him. Defendant
petitioner complained that the husband claimed that he had no intention to shoot McKay
maltreated her. In 1947, they separated but on as they were good friends and that the shooting
December 1950 and September 1951, the was merely an accident. The defendant also
husband once again maltreated petitioner, claimed that he was drunk at the time of the
prompting her to institute an action for legal incident.
separation on the ground of attempt to life. Held: To convict a man of the offense being a
Petitioner requested that she be given custody of common drunkard it is necessary to show that he
her children, that whatever will remain of the is a habitual drunkard to the point that he has a
conjugal property be divided, and the conjugal fixed habit of drunkenness.
partnership be dissolved.
Held: The Supreme Court affirmed the decision of Lapus Sy vs. Sy Uy
the lower court. It held that the alleged Facts:A case for legal separation was filed by
maltreatment cannot constitute an attempt to life Carmel Lapuz Sy against Eufemio Sy Uy on the
because such has to be characterized by intent to ground of abandonment. She prayed for the
kill which was not sufficiently proven especially issuance of a decree of legal separation and that
since the respondent only used his bare hands. her partner be deprived of their conjugal
Intent to kill, the court said, must be established partnership profits. Petitioner also claimed that
with clear and convincing evidence. respondent was cohabiting with a certain Go
Hiok. Respondent then filed a counter-dlaim for
Gandionco vs. Penaranda the declaration of nullity ab initio of his marriage
with petitioner on the ground that he had a
26
subsisting marriage with Go Hiok. During the
course of the trial, petitioner died and her father, - Condonation is the forgiveness of a marital
offense constituting a ground for legal
Macario Lapuz, moved to substitute. Eufemio separation, and bars the right to legal
moved to dismiss the substitution because the separation. It may be expressed, in the sense
death of the petitioner should, as he alleged, that it is in writing or implied as inferred from
abate the action for legal separation. the action of the injured party.
Held: The death of one of the parties to the action - Where a party has clear and convincing
knowledge of the offense and then
abates the action itself because action for legal deliberately and willfully cohabits or has
separation is purely personal hence, when one of sexual intercourse with the offender, he or she
the parties is dead, there is no longer a need for thereby impliedly pardoned the offender’s act.
the decree. Conjugal property are likewise not - Consent is agreement or conformity in
assignable or transmissible therefore, it doesn not advance of the commission of the act which
would be a ground for legal separation.
warrant a continuation of the action through
- Connivance implies agreement, express or
substitution. implied, by both spouses.
- A husband who actively connives in the
Dela Cruz vs. Dela Cruz adultery of his wife by procuring her to be
Facts: Estrella dela Cruz filed a complaint against lured into the commission of the act will very
generally be presumed to have consented to
her husband alleging that the latter has
the adultery and will be denied legal
abandoned their family and has not slept or separation on that ground.
visited the conjugal dwelling since 1955; that - A husband must not actively participate in
defendant was mismanaging their conjugal preparations for the suspected misconduct by
partnership properties and as such has abused providing opportunity for the wrongdoing.
- Collusion is the agreement between husband
his powers of administration and that defendant
and wife for one of them to commit or to
had a concubine named Nenita Hernandez. appear to commit or presented in court as
Petitioner then asked for the separation of their having committed, a matrimonial offense, or
property, a monthly support of P2,500 during the to suppress evidence of a valid defense, for
pendency of the action and payment of P20,000 the purpose of enabling the other to obtain
in attorney’s fees. legal separation.
Defendant contended that he did not abandon his
People vs. Sensano and Ramos
family and has not failed to give them a monthly
Facts: After the birth of the first child of
allowance of around P1,500. He stated that he is
complainant Mariano Ventura and respondent
merely separated from his wife because he
Ursula Sensano, complainant left for Cagayan de
cannot concentrate on their business but he
Oro. Complainant did not write, call or send
never failed to visit his family. Petitioner allegedly
anything in form of support for three years.
played mahjong often while respondent
Respondent then cohabited with Marcelo Ramos
consistently applied his industry so that their
with the belief that her husband will not return
business will grow.
again. Complainant returned and filed a
Held: The court held that abandonment must be
complaint of adultery against respondents. The
real abandonment and not mere separation. It
court held in favor of the plaintiff but opined that
must not only be physical estrangement.
the plaintiff treated his family with cruelty in
“Abandon” in ordinary sense means to forsake
abandoning them. After sentence, accused wife
completely with intent never again to resume or
left her paramour and begged for the forgiveness
claim one’s rights or interests. There must
of plaintiff but she was turned away. She then
therefore be absolute cessation of marital
went back to Marcelo Ramos. Plaintiff then left for
relations, duties and rights with the intention of
Hawaii and upon his return after seven years, he
perpetual separation.
once again filed a charge of adultery.
Defenses Held: The court held that under Article 34 of the
RPC, the offended party cannot file a complaint of
FC Article 56: The petition for legal separation shall be adultery if he consented to it. The court was of
denied on any of the following grounds: the belief that complainants action of turning
1. Where the aggrieved party has condoned the offense
away the defendant constituted a consent and as
or act complained of;
2. Where the aggrieved party has consented to the such he estopped from filing a case.
commission of the offense or act complained of;
3. Where there is connivance between the parties in the -Constructive Abandonment- The injured party
commission of the offense or act constituting the leaves the wife or the spouse refuses the re-entry
ground for legal separation;
of the offending spouse.
4. Where both parties have given ground for legal
separation;
5. Where there is collusion between the parties to De Ocampo vs. Florenciano
obtain the decree of legal separation; or Facts: Petitioner Jose de Ocampo filed a complaint
6. Where the action is barred by prescription. of adultery against his wife but was denied by the
27
Court of First Instance. Through several He discovered the said relation when in 1945, his
testimonies, it was found that in March 1951, wife begot a child. A document was executed for
defendant maintained illicit relations with one the liquidation of their conjugal partnership
Jose Arcalas. After plaintiff found out, defendant property and as such, complainant wants
was sent to Manila to study wherein she had confirmation of liquidation, custody of children
several illicit relations with other men. On June and the disqualification of defendant from
1955, plaintiff found his wife in the act of sexual succession. In the cross examination of petitioner
intercourse with one Nelson Orzame. Plaintiff it was found that he was also cohabiting with
then and there told his wife of his intention of another woman and had a child with that woman.
filing for legal separation. The Court of Appeals Held: The court held that the misconduct of
held that the time for filing a charge of adultery petitioner barred him from obtaining legal
on the first case had prescribed. Also, on the separation and in this case, the misconduct and
second case, CA held that they cannot render a failure of the wife to institute action against
decree of separation on the ground of confession petitioner’s misconduct constituted circumstantial
of judgment. evidence of collusion.
Held: The court held that the “confession of
judgment”--which happens when a defendant Willan vs. Willan
confesses in court the right of plaintiff to his Facts: Husband appeals the decision by court to
demand, did not occur because such confession deny his petition for the dissolution of his
happened outside of court. Had there been a marriage on the ground that he condoned the
confession of judgment, the decree should still be cruelty of his wife. Petitioner alleged that his wife
granted since there was a preponderance of repeatedly assaulted him, was habitually
evidence as provided by the plaintiff. If the court offensive and frequently demanded to have
will not allow separation despite of the evidence, sexual intercourse with him. Respondent
any defendant who opposes separation will allegedly resorted to violence and pestering,
merely confess in court. forcing complainant to agree to sexual
intercourse. Solicitors have allegedly written the
Sargent vs. Sargent wife regarding the matter but to no avail. The
Facts: Petitioner Donald Sargent charged his wife, night before leaving the conjugal dwelling,
respondent Frances L. Sargent with adultery petitioner and respondent once again had sexual
alleging that defendant wife had illicit relations intercourse.
with Charles Simmons, a black man and the Held: The court held in favor of the defendant as
couple’s driver. Petitioner alleged that defendant they found it impossible that a man may have
wife contracted gonorrhea from the illicit sexual relations and not condone the said
relations. Petitioner then hired detectives to relations. Unwillingness, the court said, is not the
prove the said illicit relations, and said detectives same as involuntariness.
testified along with other servants, all of whom
were employed by petitioner. The detectives in Bugayong vs. Ginez
one instance shut the door of the room of Facts: After their marriage, petitioner Benjamin
respondent wife while respondent Charles Bugayong and Defendant Leonila Ginez agreed
Simmons was inside to make it appear as though that defendant would stay with petitioner’s
they were having illicit relations. sisters while petitioner worked in the United
Held: The court held in favor of the defendant. States as a serviceman. For some time,
The detectives surveilled Mrs. Sargent for over defendant lived with petitioner’s sisters but she
seven weeks but no solid evidence of the alleged eventually left to live with her mother and then
adultery was procured. Mr. Sargent also appeared moved to Dagupan to study. Petitioner received
to have connived with the detectives to show that letters from his sister-in-law that defendant was
his wife was indeed having sexual relations. having adulterous relations and petitioner alleged
Where the husband employs detectives to get that defendant herself wrote him that she was
evidence of his wife’s adultery, but the adultery is kissed by another man. When petitioner returned,
brought about by the detective himself, legal they lived together for two nights and one day.
separation can be denied on the ground of On the second day, when petitioner asked the
connivance. defendant if there was any truth to the
allegations of adultery, defendant did not answer
Brown vs. Yambao but instead, left. The petition was dismissed by
Facts: William H. Brown filed an action to obtain the lower court on the ground that petitioner had
legal separation against his wife, Juanita Yambao. condoned the said illicit relations of his wife.
He found out that his wife has adulterous Held: The petitioner, having slept with the
relations with one Carlos Feld at the time when defendant for two nights, has condoned the
petitioner was interred by the Japanese invaders. adulterous relations. Any cohabitation with the
28
guilty party, after the commission of the offense, birth did plaintiff sent Mrs. Felicisima Antioquo to
and with knowledge or belief is considered investigate. The latter confirmed on October 1963
conclusive evidence of condonation. that a child had been born by Alcala, bearing the
surname of defendant. Plaintiff, through her
Matubis vs. Praxedes father and sister-in-law, tried to convince the
Facts: Soccoro Matubis filed a complaint for legal defendant to come back but defendant told her
separation alleging that Zoilo Praxedes had that he can no longer leave Lily Ann. The lower
abandoned her and was guilty of concubinage. court held that the word “cognizant” does not
According to her testimony, barely a year after connote the date when proof was sufficient
their marriage, plaintiff and defendant agreed to because the time indicated by the code would
live separately after failing to agree on where have been rendered meaningless as all one would
they should live as husband and wife. They need to do is fix the date.
entered into an agreement which stipulated the Held: The court held that plaintiff had reason not
conditions and provisions for their de facto to file an action because she had hoped that
separation. In 1955, defendant began cohabiting defendant would return. The only time that
with another woman and had another child by defendant therefore that plaintiff became
her. cognizant of the alleged infidelity of the
Held: The time for instituting action has defendant was when the husband stated that he
prescribed. The stipulations in the agreement was living with, and no longer be leaving, Lily Ann
which stated that both spouses relinquished their Alcala.
rights as husband and wife, and was free to get
any mate and live with him or her as husband Somosa Ramos vs. Vamenta Jr. and
and wife, constituted consent and condonation. Clemente Ramos
Facts: Petitioner Lucy Somosa Ramos filed a civil
When to File/ Try Actions case for legal separation against Clemente
FC Article 57: An action for legal separation shall be filed
Ramos on the ground of concubinage and
within five years from the time of the occurrence of the attempt to life. She also sought the issuance of a
cause. writ of preliminary mandatory injunction for the
return of her paraphernal and exclusive property
FC Article 58: An action for legal separation shall in no case then in the administration of the defendant. An
be tried before six months shall have elapsed since the filing
opposition to the hearing of the motion was filed
of the petition.
- If the ground for legal separation is violence against women, based on Article 103 of the Civil Code which
there should be no effort to compromise. states that an action for legal separation shall not
be tried before six months had elapsed since the
FC Article 59: No legal separation may be decreed unless filing of the petition. Respondent judge held in
the Court has taken steps towards the reconciliation of the
favor of the defendant who claimed that any
spouses and is fully satisfied, despite such effort, that
reconciliation is highly improbable. prospect for reconciliation will be lost if the
motion was tried.
FC Article 60: No decree of legal separation shall be based Held: The court held that Art. 103 of the Civil
upon a stipulation of facts or a confession of judgment. In any Code is not an absolute bar to the hearing of a
case, the Court shall order the prosecuting attorney or fiscal
motion for preliminary injunction prior to the
assigned to take steps to prevent collusion between the
parties and to take care that the evidence is not fabricated or expiration of the six-month period. Art. 104 states
suppressed. that the court may appoint another person to
manage the property should it deem it proper.
Contreras vs. Macaraig The six-month bar should not have the effect of
Facts: Elena Contreras appealed the decision of overriding the provisions such as determination of
the Juvenile and Domestic Relations court of the custody of the children, alimony and support
Manila which dismissed her complaint of adultery pendent lite.
against Cesar J. Macaraig on the ground that the
time for filing an action has prescribed. In 1961, Effects of Filing a Petition
defendant met Lily Ann Alacala and had started
FC Article 61: After the filing of the petition for legal
to come home late and be away often. In separation, the spouses shall be entitled to live separately
September 1962, Avelino Lubos, the family driver, from each other.
told Elena that her husband was living with The court, in the absence of a written agreement
Alcala. When defendant came home in October, between the spouses, shall designate either of them or a third
plaintiff did not verify the report so that person to administer the absolute community or conjugal
partnership property. The administrator appointed by the
defendant will not get angry. In April 1963, court shall have the same powers and duties as those of
plaintiff once again heard rumors of the alleged guardian under the Rules of Court.
misconduct of her husband. It was only upon
hearing reports that Lily Ann Alcala had given FC Article 62: During the pendency of the action for legal
separation, the provisions of Article 49 shall likewise apply to
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the support of the spouse and the custody and support of the that the husband’s powers of administration be
common children. curtailed in light of the pendency of the action for
- The spouses can live separately from each
separation.
other;
- The administration of the common property, Reyes vs. Ines-Luciano and Reyes
whether in absolute community or conjugal Facts: Celia Ilustre Reyes filed a complaint for
partnership gains, shall be given by the court legals separation against her husband, Manuel J.
to either of the spouses or to a third person,
as is best for the interest of the community;
C. Reyes on the ground that the latter had
- The court shall provide for the support attempted to kill the plaintiff. Plaintiff and herein
between the spouses and the custody and respondent asked for support pendent elite for
support of the common children; her and her three children which was granted by
- When the consent of one spouse to any the lower court and respondent judge awarded
transaction of the other is required by law,
plaintiff with P5,000 in monthly support.
judicial authorization shall be necessary unless
such spouse voluntarily gives consent. Petitioner opposed the ruling of the lower court
on the ground that his wife committed adultery.
Alimony “pendent elite”- During the pendency of the suit for Held: The court held that while adultery is a good
legal separation, it is the duty of the court to grant alimony to defense, it should be established by competent
the wife and to make provisions for the support of the
evidence. In the case at hand, petitioner did not
children not in the possession of the father.
- An action for legal separation is based on the present evidence to that effect. Also, the plaintiff-
assumption that there is a valid, subsisting respondent was not asking for mere support but
marriage thus, if defendant contends that the for her share of the conjugal property or alimony.
marriage is not valid, alimony “pendente elite” Complainant has also proven the grounds of legal
shal be denied. separation through competent evidence.
Custody of the children may be determined by: Property relations of unmarried couples is that of
1. Agreement of the spouses which shall not be co-ownership based on actual contribution and
disturbed unless prejudicial to the children; not the presumed half and half as it is in conjugal
2. Court order which shall be based on the sound partnership.
discretion of the judge, taking into account the
welfare of the children. Pendente Lite: Pending Litigation
32
Philip Feldman alleged that he observed a copy of
Screw Magazine (which possesses dubious Role of the Child’s Preference
redeeming social values) and that he found FC Article 49: …The court shall give paramount
letters (some with explicit photographs attached) consideration to the moral and material welfare of said
which were responses to an advertisement for children and their choice of the parent with whom they wish
another couples or groups for “fun and games,” to remain as provided for in Title IX.
in the house of respondent Mady Feldman.
FC Article 213: In case of separation of the parents, parental
Respondent wife alleged that the advertisement authority shall be exercised by the parent designated by the
was done for fun and that the evidence showed court. The court shall take into account all relevant
that her private sex life in no way affected the considerations, especially the choice of the child over seven
children and that the children were provided for. years of age, unless the parent is unfit.
Held: Court held that amorality, immorality, No child shall be separated from the mother unless the court
finds compelling reasons to order otherwise.
sexual deviation and aberrant sexual practices do
not, on its face, constitute unfitness for custody. David v. CA
The trial court’s ruling that parents who Facts: Petitioner Daisie T. David worked as
participate in a culture of “free sex” were unfit to secretary of private respondent Ramon R. Villar
care for children was a dangerous conclusion. who was then married and had a family. They had
Also, the right of women to engage in private intimate relations which produced three children,
sexual activities which do not affect her Christopher, Christine and Cathy. Private
relationship with her children is protected by her respondent’s wife was aware of the existence of
right to privacy. If courts recognized the rights of the illegitimate children. Christopher was taken
unmarried men to engage in extramarital by respondent on a trip to Boracay. Upon their
relations, there is no reason to impose stricter return, respondent refused to return the child
standards on women. The evidence of the prompting petitioner to file for a write of habeas
obscene materials was likewise out of reach of corpus. The trial court granted the petition but
the children. As such, they are not, on its face, the Court of Appeals reversed the decision on the
detrimental to the children’s welfare. ground that the trial court had no jurisdiction over
the case as the children were borne out of
Santos Sr. vs. Court of Appeals adulterous relations. Temporary custody was
Facts: Court of appeals granted custody of 6 year awarded to respondent until such time that the
old Leouel Santos Jr., son f petitioner Leouel issue on custody and support was determined in
Santos Sr. and Julia Bedia-Santos to the latter’s a proper case. Petitioner contended that the writ
parents, Leopoldo and Ofelia Bedia. Leouel of habeas corpus applied to all cases of illegal
Santos Sr. is an army lieutenant while Julia Bedia confinement or detention or by which the rightful
was a nurse working in the US. Since release from custody og any person is withheld.
the hospital, Leouel Jr. had been in the custody of Held: Article 213 of the FC states that custody of
respondents. Julia has reportedly sent financial a child under six will be given to the mother
support while Leouel Santos had done no such unless the court deems it proper to rule
thing. On Sept. 2, 1990, Leouel took his son from otherwise. Absent any showing that petitioner is
respondents prompting respondents to file a unfit (although admittedly, she is not as well-off
Petition for Care, Custody and Control of Minor as respondent), custody shall be given to her. As
ward Leouel Santos Jr. Petitioner argued that the child is over the presumed tender years,
private respondents have failed to show that custody must still remain with the mother as the
petitioner was an unfit and unsuitable father and child has categorically expressed preference to
as such, Article 214 of the Family Code cannot be live with his mother.
applied. Private respondents contended that they
can provide a comfortable life to the child and Pizarro vs. Vasquez
that petitioner, being a soldier, will not be able to Facts: This suit for obtaining support from
care for the child. defendant was instituted by Maria Pizarro and her
Held: Custody granted to petitioner. When a minor children, Gloria, Julita and Lorenzo. Plaintiff
parent entrusts the child to another, what is given and defendant separated on the ground that the
is merely temporary custody and not a perpetual latter committed acts of infidelity and cruelty.
renunciation of parental authority. A waiver of Defendant denied the claim and alleged that
parental authority can only be executed in cases there is no contract of separation and that Maria
of adoption, guardianship and surrender to Pizarro committed acts of adultery. The evidence
children’s home or an orphan institution. of said adulterous relations was the birth of
Petitioner’s previous inattention cannot be Lorenzo 11 months after the couple separated.
immediately construed as abandonment. His Petitioner explained that they had sexual
effort to keep custody of the child is a sign that intercourse sometime in November 1933 during
he is willing to rectify his mistakes.
33
the town fiesta in the belief that defendant had for a writ of habeas corpus which was granted by
changed. the lower court.
Held: Claims of plaintiff that defendant had kept a Held: While the tender years presumption in favor
mistress and had maltreated her were not of the mother is no longer in effect, custody
contradicted. Also, absent any evidence that should still be granted to appellant on the basis
plaintiff indeed committed adultery and that she has been the primary caretaker of the
considering the prima facie presumption of child in question. Logically, the primary caretaker
innocence, plaintiff should be given support by parent is not in superior financial position as
the defendant. such, the material welfare of the child depends
on the award of support. Court therefore held that
Laxamana vs. Laxamana the presumption is in favor of the primary
Facts: Petitioner Reymond Laxamana was a caretaker parent if he or she meets the minimum
graduate of Bachelor of Laws while respondent objective standard for being a parent. The
Ma. Lourdes Laxamana held a degree in Banking presumption shall only apply to children of tender
and Finance. Upon marriage, respondent quit her years. Custody was granted to Gwendolyn McCoy.
job and became a full time housewife while Court held that manipulation of the welfare
petitioner managed buy and sell, fishpond and system to provide for the child’s healthcare shall
restaurant businesses. The couple had three not be construed as an attempt to abandon the
children. In October 1991, petitioner was confined child.
in Estrellas Home Care Clinic for being a drug
dependent. He was again confined in 1996 for Other Effects
rehab. In 1997, petitioner was declared drug free CC Article 372: When legal separation has been granted, the
but respondent alleged otherwise stating that wife shall continue using her name and surname employed
petitioner has become irritable since his return before the legal separation.
and had even maltreated her at one point.
Respondent abandoned petitioner in June 1999 - This is so because her married status is not affected
by the separation.
taking the children with her. Petitioner filed a writ - After legal separation, the marriage bonds are not
for habeas corpus for visitation rights which the severed.
court granted. The parties were ordered to
undergo psychological evaluation which they CC Article 370: A married woman may use:
passed except for the psychologist’s opinion that (1) Her maiden first name and surname and add her
husband's surname, or
petitioner, in his belief, was not completely drug
(2) Her maiden first name and her husband's
free. surname or
Held: Case was remanded. It is the duty of the (3) Her husband's full name, but prefixing a word
court to hold a trial notwithstanding the indicating that she is his wife, such as "Mrs."
agreement of the parties to submit the case for
resolution on the basis of a psychiatric report.
While petitioner had a history of drug Matute vs. Macadalo
dependence, records were inadequate to show Facts: Petitioner Rosario Matute and private
his moral, financial and social well-being. There is respondent Armando Medel were legally
therefore no proof that he is unfit to care for his separated on the ground of adultery committed
children. The court also failed to consider the by petitioner with her brother-in-law. Custody of
preference the choice of the children who were the four minor children was thereby awarded to
then 14 and 15 years old. Armando. With permission from private
respondent, petitioner brought her children to
Presumption of Primary Care Taker Manila to attend her father’s wake. Thereafter,
she filed a civil suit, praying for custody of her
Garska vs. McCoy children whom she alleged has expressed
Facts: Appelant Gwendolyn McCoy was pregnant preference to stay with her. Three of the said
with her first child, Jonathan Conway, at 15 years children were no longer of “tender years.”
old. During pregnancy, Michael Garska, herein Armando moved to have Rosario charged with
petitioner, did not give any support. When the contempt of court for disobeying the court’s
child was born, petitioner sent food and diapers. decision to grant custody to Armando but the
The baby developed a chronic respiratory court did not accede owing to the fact that
infection and to be able to use the United Mine Armando consented. However, the court did not
Worker’s medical insurance of her grandfather, grant custody to petitioner. Petitioner argued that
appellant agreed to the adoption of Jonathan by the act of adultery she was charged with does not
her grandparents. The petition was dismissed on constitute moral depravity. Armando was found to
the ground that the child had not lived with the be living with a different woman and such
grandparents for the requisite six months. Upon relations were likewise adulterous.
learning the action for adoption, petitioner filed
34
Held: Alleged errors by respondent were merely - Reconciliation must be a voluntary mutual
errors of judgment and not errors of jurisdiction. agreement to live together as husband and wife.
Filing of manifestation is only needed to terminate
the case in court and for purposes of future property
Laperal vs. Republic of the Philippines relations of the spouses.
Facts: Elisea Laperal has been legally separated - If the reconciliation takes place after the decree of
from her husband Enrique Santamaria. During legal separation has been handed down by the court,
their marriage, petitioner used the latter’s the decree is set aside, and all the orders in that
decree will have no effect, except as to the property
surname. She prayed that she be allowed to use relations of the spouses. The community of property
her maiden name considering that she and her or conjugal partnership of gains is not automatically
husband had not lived together for a long time. revived.
Petition was opposed b y the City Attorney of - After the spouses have reconciled, a new action for
Bagiuo but in a motion for reconsideration, the legal separation can be based only on the
subsequent or other causes, but not on the causes
petition was granted on the basis that the use of
already pardoned.
the married name will give rise to confusion in
finances and the eventual liquidation of the Divorces
conjugal assets.
Held: The language of the statute is mandatory Foreign Divorces
The Nationality Principle
and a woman shall continue using her married
CC Article 15: Laws relating to family rights and duties,
name because her married status is unaffected or to the status, condition and legal capacity of persons
by her legal separation. The fact of legal are binding upon citizens of the Philippines even though
separation alone is not a sufficient ground to living abroad.
justify a change of name.
FC Article 26: All marriages solemnized outside the
Reconciliation Philippines in accordance with the laws in force in the
country where they were solemnized, and valid there as
FC Article 65: If the spouses reconcile, a corresponding joint such, shall also be valid in this country, except in those
manifestation under oath duly signed by them shall be filed prohibited under Articles 35 (1), (4), (5), and (6), 36, 37
with the court in the same proceeding for legal separation. and 38.
Where a marriage between a Filipino citizen and a
FC Article 66: The reconciliation referred to in the preceding foreigner is validly celebrated and a divorce is thereafter
article shall have the following consequences: validly obtained abroad by the alien spouse capacitating
1. The legal separation proceedings, if still pending, him or her to remarry, the Filipino spouse shall have the
shall thereby be terminated at whatever stage; and capacity to remarry under Philippine laws.
2. The final decree of legal separation shall be set aside
but the separation of property and any forfeiture of - General rule is a marriage valid where it was
the share of the guilty spouse already effected shall celebrated is valid everywhere.
subsist, unless the spouses agree to revive their - Exceptions to the general rule:
former property regime. o Marriages which are contrary to the law of
The court’s order containing the foregoing shall be recorded in nature and good morals as generally
the proper civil registries. recognized in Christian countries (ex.
polygamous and incestuous marriages).
FC Article 67: The agreement to revive the former property o Marriages which the local law-making power
regime referred to in the preceding Article shall be executed has declared shall not be allowed any
under oath and shall specify: validity.
1. The properties to be contributed anew to the - Foreign marriages under Articles 35 (those
restored regime; contracted below 18, those polygamous and
2. Those to be retained as separate properties of each bigamous, those contracted through mistake in
spouse; and identity and those void under Article 53), 36
3. The names of all their known creditors, their (Psychological incapacity), 37 (Incestuous Marriages)
addresses and the amounts owing to each. and 38 (Marriages void by reason of public policy).
The agreement of revival and the motion for its approval - Laws on legal capacity to marry are binding to
shall be filed with the court in the same proceeding for Filipinos in all countries.
legal separation, with copies of both furnished to the - While the forms of entering into the contract of
creditors named therein. After due hearing, the court marriage are to be regulated by the law where it is
shall, in its order, take measures to protect the interest celebrated, the essentials of the contract depend
of creditors and such order shall be recorded in the upon the law of the domicile for the parties.
proper registries of properties.
The recording of the order in the registries of property FC Article 26 vs. CC Article 15
shall not prejudice any creditor not listed or not notified - Article 26 corrects the riduculous situation wherein a
unless the debtor-spouse has sufficient separate Filipino who married a foreigner remains married
properties to satisfy. inspite of a divorce decree issued in a different
country.
- The word ‘revive’ implies that the conjugal property - Article 26 is more restrictive in that it requires that
regime prior to the decree of legal separation would be the divorce be secured by the foreign spouse and
restored however, parties are still allowed to stipulate that Filipinos naturalized as citizens of other
what would be brought into the revived property regime. countries are exmept from the application of the law.
36
divorce decree are likewise necessary to show (2) A husband who repudiates his wife, either for the first or
capacity to remarry. It was found that no decree second time, shall have the right to take her back (ruju)
within the prescribed 'idda by resumption of cohabitation
of absolute divorce has been given but divorce in without need of a new contract of marriage. Should he fail to
the sense of legal separation. do so, the repudiation shall become irrevocable (Talaq bain
- There is no judicial cognizance of foreign laws sugra).
there is therefore an additional requirement now,
to show the effects of the divorce decree. Art. 47. Divorce by Ila. — Where a husband makes a vow to
abstain from any carnal relations (ila) with his wife and keeps
such ila for a period of not less than four months, she may be
Intrinsic vs. Extrinsic granted a decree of divorce by the court after due notice and
- In intrinsic there is absence of the hearing.
essential requisites (Article 15 applies).
- In extrinsic, lex law psy celebrationis or Art. 48. Divorce by zihar. — Where the husband has
injuriously assimilated (zihar) his wife to any of his relatives
valid in the country, valid everywhere.
within the prohibited degrees of marriage, they shall mutually
- Extrinsic pertains to the formalities or refrain from having carnal relation until he shall have
formal requisites which ay be dictated by performed the prescribed expiation. The wife may ask the
the country decreeing the divorce (Article court to require her husband to perform the expiation or to
26 applies). pronounce the a regular talaq should he fail or refuse to do
so, without prejudice to her right of seeking other appropriate
- The same is true for rules of succession.
remedies.
Art. 46. Divorce by talaq. — (1) A divorce by talaq may be (f)Unusual cruelty of the husband as defined under the next
effected by the husband in a single repudiation of his wife succeeding article; or
during her non-menstrual period (tuhr) within which he has
totally abstained from carnal relation with her. Any number of (g) Any other cause recognized under Muslim law for the
repudiation made during one tuhr shall constitute only one dissolution of marriage by faskh either at the instance of the
repudiation and shall become irrevocable after the expiration wife or the proper wali..chan robles virtual law library
of the prescribed 'idda.
37
Art. 53. Faskh on the ground of unusual cruelty. — A decree FC Article 100: The separation in fact between husband and
offaskh on the ground of unusual cruelty may be granted by wife shall not affect the regime of absolute community except
the court upon petition of the wife if the husband: that:
1. The spouse who leaves the conjugal home or refuses
(a) Habitually assaults her or makes her life miserable by to live therein, without just cause, shall not have the
cruel conduct even if this does not result in physical injury; right to be supported;
2. When the consent of one spouse to any transaction
(b) Associates with persons of ill-repute or leads an infamous of the other is required by law, judicial authorization
life or attempts to force the wife to live an immoral life; shall be obtained in a summary proceeding;
3. In the absence of sufficient community property, the
(c) Compels her to dispose of her exclusive property or separate property of both spouses shall be solidarily
prevents her from exercising her legal rights over it; liable for the support of the family. The spouse
present shall, upon proper petition in a summary
(d) Obstructs her in the observance of her religious practices; proceeding, be given judicial authority to administer
or or encumber any specific separate property of the
other spouse and use the fruits of proceeds thereof
(e) Does not treat her justly and equitably as enjoined by to satisfy the latter’s share.
Islamic law.
- Separation of fact refers to the actual definite
Art. 54. Effects of irrevocable talaq or faskh. — A talaq or separation of the persons of husband and wife,
faskh, as soon as it becomes irrevocable, shall have the thereby terminating cohabitation or common life
following effects: under the same roof without judicial order. There is
no separation of fact if business affairs only require
(a) The marriage bond shall be severed and the spouses may that they occupy separate residences but their
contract another marriage in accordance with this Code; relations continue to be intimate and friendly.
- The spouse who leaves the conjugal home without
(b) The spouses shall lose their mutual rights of inheritance; justification loses the right to be supported by the
other spouse but his obligation to support the latter
(c) The custody of children shall be determined in accordance is not extinguished.
with Article 78 of this code; - Judicial authorization is necessary when the consent
of one spouse is necessary for a transaction but
(d)The wife shall be entitled to recover from the husband her cannot be obtained.
whole dower in case the talaq has been affected after the
consummation of the marriage, or one-half thereof if effected FC Article 127: The separation in fact between the husband
before its consummation; .chan robles virtual law library and wife shall not affect the regime of conjugal partnership,
except that:
(e) The husband shall not be discharged from his obligation to 1. The spouse who leaves the conjugal home or refuses
give support in accordance with Article 67; and to live therein, without just cause, shall not have the
right to be supported;
(f) The conjugal partnership, if stipulated in the marriage 2. When the consent of one spouse to any transaction
settlements, shall be dissolved and liquidated. of the other is required by law, judicial authorization
shall be obtained in a summary proceeding;
Art. 55.Effects of other kinds of divorce. — The provisions of 3. In the absence of sufficient conjugal partnership
the article immediately preceding shall apply to the property, the separate property of both spouses shall
dissolution, of marriage by ila, zihar, li'an and khul', subject be solidarily liable for the support of the family. The
to the effects of compliance with the requirements of the spouse present shall upon petition in summary
Islamic law relative to such divorces. proceeding, be given judicial authority to administer
or encumber any specific separate property of the
Section 2. 'Idda. — other spouse and use the fruits or proceeds thereof
to satisfy the latter’s share.
Art. 56. 'Idda defined. — 'Idda is the period of waiting
prescribed for a woman whose marriage has been dissolved FC Article 239: When a husband and wife are separated in
by death or by divorce the completion of which shall enable fact, or one has abandoned the other and one of them seeks
her to contract a new marriage. judicial authorization for a transaction where the consent of
the other spouse is required by law but such consent is
Art. 57. Period. — (1) Every wife shall be obliged to observe withheld or cannot be obtained, a verified petition may be
'idda as follows: filed in court alleging the foregoing facts. The petition shall
attach the proposed deed, if any, embodying the transaction
(a) In case of dissolution of marriage by death, four months and, if none, shall describe in detail the said transaction and
and ten days counted from the death of her husband; state the reason why the required consent thereto cannot be
secured. In any case, the final deed duly executed by the
(b) In case of termination of marriage by divorce, for three parties shall be submitted and approved by the court.
monthly courses; or
FC Article 242: Upon the filing of the petition, the court shall
(c) In case of a pregnant women, for a period extending until notify the other spouse, whose consent to the transaction is
her delivery. required, of said petition, ordering said spouse to show cause
why the petition should not be granted, on or before the date
(2) Should the husband die while the wife is observing 'idda set in said notice for the initial conference. The notice shall be
for divorce, another 'idda for death shall be observed in accompanied by a copy of the petition and shall be served at
accordance with paragraph 1(a). the last known address of the spouse concerned.
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FC Article 246: If the petition is not resolved at the initial
conference, said petition shall be decided in a summary
hearing on the basis of affidavits, documentary evidence or
oral testimonies at the sound discretion of the court. If
testimony is needed, the court shall specify the witnesses to
be heard and the subject-matter of their testimonies,
directing the parties to present said witnesses.
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