Civil Law Reviewer

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UP LAW BOC PERSONS AND FAMILY RELATIONS CIVIL LAW
FAMILY DOMICILE ...................................... 33

PERSONS AND FAMILY SUPPORT ................................................... 33
RELATIONS MANAGEMENT OF HOUSEHOLD .............. 34
EFFECT OF NEGLECT OF DUTY ................. 34
Effect and Application of Laws........... 1 EXERCISE OF PROFESSION....................... 34
WHEN LAWS TAKE EFFECT .......................... 1
IGNORANCE OF THE LAW ........................... 1 Property Relations of the Spouses .. 34
RETROACTIVITY OF LAWS .......................... 1 MARRIAGE SETTLEMENT RULES ............. 34
MANDATORY OR PROHIBITORY LAWS ....... 1 DONATIONS BY REASON OF MARRIAGE...35
WAIVER OF RIGHTS ..................................... 1 ABSOLUTE COMMUNITY OF PROPERTY &
REPEAL OF LAWS ........................................2 CONJUGAL PARTNERSHIP OF GAINS ........ 37
JUDICIAL DECISIONS ...................................2 SEPARATION OF PROPERTY OF THE
DUTY TO RENDER JUDGMENT ....................2 SPOUSES AND ADMINISTRATION OF
PRESUMPTION AND APPLICABILITY OF COMMON PROPERTY BY ONE....................47
CUSTOM ......................................................2 PROPERTY REGIME OF UNIONS WITHOUT
LEGAL PERIODS ..........................................2 MARRIAGE ................................................ 49
APPLICABILITY OF PENAL LAWS ................2
SPECIAL CONFLICT OF LAW RULES ............ 6
The Family ....................................... 50
THE FAMILY AS AN INSTITUTION ............. 50
Human Relations ............................. 10 THE FAMILY HOME.................................... 50
ABUSE OF RIGHT........................................ 10
ACTS CONTRARY TO LAW ......................... 10
ACTS CONTRA BONUS MORES .................. 10
Paternity and Filiation...................... 52
PRINCIPLE OF UNJUST ENRICHMENT ....... 10 LEGITIMATE CHILDREN ............................ 52
PROOF OF FILIATION ................................ 54
ILLEGITIMATE CHILDREN ......................... 54
Persons and Personality .................. 10 LEGITIMATED CHILDREN .......................... 56
CAPACITY TO ACT ...................................... 10
DOMICILE AND RESIDENCE OF PERSON ... 14
Adoption ...........................................56
RA 8552 – DOMESTIC ADOPTION LAW ..... 57
Marriage .............................................15 RA 8043 – THE LAW ON INTER-COUNTRY
REQUISITES................................................ 15 ADOPTION.................................................. 61
EFFECT OF MARRIAGE CELEBRATED
ABROAD AND FOREIGN DIVORCE ............. 18 Support ............................................ 63
VOID AND VOIDABLE MARRIAGES ............ 19 WHAT IT COMPRISES .................................63
WHO ARE OBLIGED ....................................63
Legal Separation .............................. 29 SUPPORT DURING MARRIAGE LITIGATION
GROUNDS ................................................. 29 ................................................................... 64
DEFENSES ................................................. 30 AMOUNT ................................................... 64
WHEN TO FILE ........................................... 30 WHEN DEMANDABLE ............................... 64
COOLING-OFF PERIOD AND OPTIONS ................................................... 64
RECONCILIATION EFFORTS ...................... 30 ATTACHMENT ........................................... 64
CONFESSION OF JUDGMENT ..................... 31
EFFECTS OF FILING PETITION ................... 31 Parental Authority ...........................65
EFFECTS OF PENDENCY............................. 31 GENERAL PROVISIONS ............................. 65
EFFECTS OF LEGAL SEPARATION ............. 31 SUBSTITUTE AND SPECIAL PARENTAL
RECONCILIATION ....................................... 31 AUTHORITY ............................................... 66
EFFECT OF PARENTAL AUTHORITY UPON
Rights and Obligations Between THE PERSONS OF THE CHILDREN ............. 67
Spouses ............................................. 33 EFFECTS OF PARENTAL AUTHORITY UPON
ESSENTIAL OBLIGATIONS ......................... 33 THE PROPERTY OF THE CHILDREN .......... 68
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SUSPENSION OR TERMINATION OF
PARENTAL AUTHORITY ............................ 69 PROPERTY
Emancipation, as amended by Characteristics .................................. 83
RA6809.............................................. 71 Classification .................................... 83
HIDDEN TREASURE .............................. 83
BASED ON MOBILITY [IMMOVABLE OR
Summary Judicial Proceedings in the MOVABLE] .......................................... 83
Family Law ......................................... 71 BASED ON OWNERSHIP ........................ 87
PROCEDURAL RULES ................................ 71 BASED ON CONSUMABILITY ................. 89
SEPARATION IN FACT ................................ 61 BASED ON SUSCEPTIBILITY TO
INCIDENTS INVOLVING PARENTAL SUBSTITUTION ..................................... 89
AUTHORITY ................................................ 72 BASED ON THE CONSTITUTION ............. 89
OTHER CLASSIFICATIONS...................... 89
Retroactive Effect ............................. 73
Ownership ........................................ 90
Funeral .............................................. 73 DEFINITION AND CONCEPT ...................... 90
RELATIVE’S DUTY AND THE RIGHT TO TYPES OF OWNERSHIP ............................. 90
ARRANGE FUNERALS .................................. 73 RIGHT IN GENERAL ................................... 90
NATURE OF FUNERAL ................................... 73 LIMITATIONS ON OWNERSHIP ................. 92
FUNERAL EXPENSES .................................... 73
GUIDELINES IN MAKING FUNERAL
ARRANGEMENTS ......................................... 73
Accession ..........................................94
CLASSIFICATION OF ACCESSION .............. 94
Use of Surnames .............................. 74 Quieting of Title .............................. 101

SURNAMES OF CHILDREN .............................74
IN GENERAL .............................................101
WIFE AFTER AND DURING MARRIAGE ...........74
PURPOSE ..................................................101
CONFUSION AND CHANGE OF NAMES ...........74
NATURE: QUASI IN REM .......................... 102
JUSTIFICATIONS FOR QUIETING OF TITLE
Absence............................................. 74 .................................................................. 102
PROVISIONAL MEASURES IN CASE OF THE ACTION TO QUIET TITLE DOES NOT
ABSENCE ....................................................75 APPLY ....................................................... 102
SUBSEQUENT MARRIAGE CONTRACTED REQUIREMENTS ....................................... 102
WHEN ONE SPOUSE IS ABSENT ................75 QUIETING OF TITLE V. REMOVAL OF CLOUD
DECLARATION OF ABSENCE......................75 .................................................................. 103
ADMINISTRATION OF THE PROPERTY OF PRESCRIPTION/NON-PRESCRIPTION OF
THE ABSENTEE .......................................... 77 ACTION ..................................................... 103
PRESUMPTION OF DEATH ......................... 77
Co-ownership ................................. 103
Civil Registrar ................................... 78 DEFINITION .............................................. 103
ART. 407-413 ..............................................78 REQUISITES.............................................. 103
RA 9048 AS AMENDED BY RA 10172..........78 WHAT GOVERNS CO-OWNERSHIP .......... 103
RULE 108, RULES OF COURT .................... 80 CHARACTERISTICS OF CO-OWNERSHIP . 103
SOURCES OF CO-OWNERSHIP .............. 104
RIGHTS OF CO-OWNERS....................... 105
RULES ...................................................... 106
TERMINATION/ EXTINGUISHMENT.......... 107
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Possession ...................................... 108 NO PRESCRIPTION APPLICABLE ............. 157

DEFINITION ............................................. 108 PRESCRIPTION DISTINGUISHED FROM
CONCEPT OF POSSESSION ...................... 108 LACHES .................................................... 158
CHARACTERISTICS ................................... 108 PRESCRIPTION OR LIMITATION OF
ACQUISITION OF POSSESSION ..................110 ACTIONS................................................... 158
EFFECTS OF POSSESSION......................... 112
LOSS/TERMINATION OF POSSESSION .....118
OBLIGATIONS AND
Usufruct ........................................... 119 CONTRACTS
CONCEPT .................................................. 119
OBJECTS OF USUFRUCT ........................... 119
CHARACTERISTICS .................................... 119 Obligations ...................................... 161
CLASSIFICATION ....................................... 119 IN GENERAL .............................................. 161
RIGHTS AND OBLIGATIONS OF NATURE AND EFFECT OF OBLIGATIONS . 162
USUFRUCTUARY ....................................... 121 DIFFERENT KINDS OF CIVIL OBLIGATIONS
SPECIAL CASES OF USUFRUCT................ 125 .................................................................. 169
RIGHTS OF THE OWNER ....................... 127 NATURAL OBLIGATIONS .......................... 181
EXTINGUISHMENT/ TERMINATION ....... 127 EXTINGUISHMENT OF OBLIGATIONS ...... 182
CONDITIONS NOT AFFECTING USUFRUCT ESTOPPEL ................................................. 191
.................................................................. 129
Contracts.......................................... 191
Easement ........................................ 129 ESSENTIAL REQUISITES ........................... 191
CHARACTERISTICS .............................. 129 FORM OF CONTRACTS ............................. 196
KINDS OF CONTRACTS ............................ 196
CLASSIFICATION.................................. 130
REFORMATION OF INSTRUMENTS ......... 197
GENERAL RULES....................................... 131
RESCISSIBLE CONTRACTS ....................... 197
RELEVANCE OF CLASSIFICATIONS ............ 131
VOIDABLE CONTRACTS ........................... 199
CREATION ................................................ 132
UNENFORCEABLE CONTRACTS............... 199
RIGHTS AND OBLIGATIONS OF OWNERS OF
VOID OR INEXISTENT CONTRACTS ........ 200
DOMINANT AND SERVIENT ESTATES ...... 133
EFFECT OF CONTRACTS.......................... 204
KINDS OF LEGAL EASEMENTS ................. 134
MODES OF ACQUIRING EASEMENT......... 140
EXTINGUISHMENT OF EASEMENTS ........ 140 Quasi-Contracts ............................ 204
NEGOSTIORUM GESTIO .......................... 204
Nuisance ............................................. 71 SOLUTIO INDEBITI ............................ 205
NUISANCE V. TRESPASS .............................. 141 OTHER QUASI-CONTRACTS ................. 205
NUISANCE V. NEGLIGENCE .......................... 142
CLASSES .................................................... 142
DOCTRINE OF ATTRACTIVE NUISANCE ........ 142
LIABILITY IN CASE OF NUISANCE ................. 142 SALES
REGULATION OF NUISANCES ...................... 143
Definition and Essential Requisites
Modes of Acquiring Ownership .... 144 ........................................................ 208
OCCUPATION ........................................... 145 DEFINITION OF SALES ........................... 208
DONATION .......................................... 145 ESSENTIAL REQUISITES OF A CONTRACT
TRADITION ............................................... 156 OF SALE ................................................... 208
STAGES OF CONTRACT OF SALE ............ 208
Prescription ..................................... 156 OBLIGATIONS CREATED ......................... 209
DEFINITION .............................................. 156
RATIONALE .............................................. 156 Parties to a Contract of Sale........... 211
KINDS OF PRESCRIPTION ........................ 156 CAPACITY OF PARTIES .............................. 211
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Subject Matter .................................213 Remedies of an Unpaid Seller...... 230

REQUISITES OF A VALID SUBJECT MATTER DEFINITION OF UNPAID SELLER ............ 230
.................................................................. 213 REMEDIES OF UNPAID SELLER .............. 230
Obligations of the Seller to Transfer Performance of Contract ............... 232

Ownership ....................................... 215 DELIVERY OF THING SOLD....................... 232
OBLIGATIONS OF THE VENDOR IN PAYMENT OF PRICE ................................. 233
GENERAL.................................................. 215
SALE BY A PERSON NOT THE OWNER AT Warranties.......................................234
TIME OF DELIVERY ................................... 215 EXPRESS WARRANTIES ...........................234
SALE BY A PERSON HAVING A VOIDABLE IMPLIED WARRANTIES ............................235
TITLE ........................................................ 215 EFFECTS OF WARRANTIES ...................... 237
EFFECTS OF WAIVERS ............................. 237
Price................................................. 216 BUYER’S OPTIONS IN CASE OF BREACH OF
MEANING OF PRICE ................................. 216 WARRANTY ............................................. 237
REQUISITES FOR A VALID PRICE ............. 216
Breach of Contract .........................239
Formation of Contract of Sale ........ 218 GENERAL REMEDIES ...............................239
PREPARATORY ........................................ 218 REMEDIES OF THE SELLER – [ARTS. 1636,
PERFECTION ........................................... 220 1594] ........................................................239
CONSUMMATION ..................................... 221 REMEDIES OF THE BUYER .......................243
Transfer of Ownership ....................222 Extinguishment of Sale................. 245

OBLIGATIONS OF THE VENDOR: .............222 CAUSES ................................................... 245
MANNER OF TRANSFER ..........................222 EQUITABLE MORTGAGE ......................... 246
PERIOD OF REDEMPTION ........................247
EXERCISE OF THE RIGHT TO REDEEM .... 248
Risk of Loss ....................................... 27 LEGAL REDEMPTION ............................... 248
GENERAL RULE ........................................ 227 AGE REDEMPTION ................................... 251
WHEN LOSS OCCURRED BEFORE
PERFECTION ............................................ 227
WHEN LOSS OCCURRED AT TIME OF The Law on Sale of Subdivision and
PERFECTION ........................................... 227 Condominium (PD 957) ................ 251
WHEN LOSS OCCURRED AFTER DEFINITIONS ............................................ 251
PERFECTION BUT BEFORE DELIVERY ..... 227
AFTER DELIVERY ..................................... 227 The Condominium Act (RA 4726) 255
WHEN OWNERSHIP IS TRANSFERRED.... 227
Documents of Title ........................ 228

DEFINITION ............................................. 228 SUCCESSION
PURPOSE OF DOCUMENTS OF TITLE ..... 228
NEGOTIABLE DOCUMENTS OF TITLE ..... 228 General Provisions......................... 260
NON-NEGOTIABLE DOCUMENTS OF TITLE DEFINITION ............................................. 260
................................................................. 228
WARRANTIES OF SELLER OF DOCUMENTS
OF TITLE .................................................. 229 Testamentary Succession .............. 261
RULES ON LEVY/GARNISHMENT OF GOODS WILLS ....................................................... 261
................................................................. 229 INSTITUTION OF HEIRS ........................... 269
SUBSTITUTION OF HEIRS ........................ 271
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TESTAMENTARY DISPOSITIONS WITH A RIGHT TO RETURN OF CREDIT RECEIVED

CONDITION, A TERM, AND A MODE ......................................................... 304
LEGITIME .................................................. 272 RIGHT TO INDEMNITY FOR DAMAGES .. 304
DISINHERITANCE ..................................... 277 SUIT FOR DAMAGES ........................... 304
LEGACIES AND DEVISES ......................... 280 RESPONSIBILITY TO PARTNERS........... 304
Legal or Intestate Succession........283
GENERAL PROVISIONS ............................283 Rights and Obligations of Partners
ORDER OF INTESTATE SUCCESSION .......287 Inter Se ........................................... 304
OUTLINE OF INTESTATE SHARES ........... 288 RIGHT TO ASSOCIATE ANOTHER IN SHARE
......................................................... 304
Provisions Common to Testate and RIGHT TO INSPECT PARTNERSHIP BOOKS
Intestate Succession ..................... 289 ......................................................... 304
RIGHT OF ACCRETION ............................ 289 RIGHT TO FORMAL ACCOUNT .............. 305
CAPACITY TO SUCCEED BY WILL OR PROPERTY RIGHTS OF PARTNERS ....... 305
INTESTACY .............................................. 290
OWNERSHIP OF CERTAIN PROPERTIES 305
ACCEPTANCE AND REPUDIATION OF THE
INHERITANCE .......................................... 291 RIGHTS IN SPECIFIC PROPERTY ........... 305
COLLATION ............................................. 292 INTEREST IN PARTNERSHIP ................ 306
PARTITION AND DISTRIBUTION OF ESTATE . RIGHT TO PARTICIPATE IN MANAGEMENT
................................................................. 294 ......................................................... 306
RIGHT TO PROFITS AND OBLIGATIONS FOR
LOSSES.............................................. 307
OBLIGATION TO RENDER INFORMATION
......................................................... 308
AGENCY AND OBLIGATION TO ACCOUNT AND ACT AS
PARTNERSHIP TRUSTEE ........................................... 308
AGENCY ......................................... 298 Obligations of the

Partnership/Partners to Third
Contract of Partnership ................ 298 Persons........................................... 308
DEFINITION........................................ 298 OBLIGATION TO OPERATE UNDER A FIRM
ESSENTIAL FEATURES ........................ 298 NAME ................................................ 308
PARTIES ............................................ 298 LIABILITY OF PARTNERS FOR
OBJECT .............................................. 298 PARTNERSHIP CONTRACTS ................. 308
FORM ................................................ 299 LIABILITY OF PARTNERS FOR
DURATION ......................................... 299 PARTNERSHIP CONTRACTS ................. 309
RULES TO DETERMINE EXISTENCE ....... 299 CONVEYANCE OF PARTNERSHIP REAL
KINDS................................................ 300 PROPERTY .......................................... 310
KINDS OF PARTNERS .......................... 300 LIABILITY OF PARTNERSHIP FOR
PARTNERSHIP AND OTHER CONTRACTS ADMISSION BY A PARTNER .................. 310
DISTINGUISHED .................................. 301 LIABILITY OF PARTNERSHIP FOR
WRONGFUL ACTS OF A PARTNER ......... 310
LIABILITY OF THE PARTNERSHIP FOR
Rights and Obligations of the MISAPPLICATION OF MONEY OR PROPERTY
Partnership .....................................303 .......................................................... 310
RIGHT TO CONTRIBUTION ................... 303 LIABILITY OF THE OTHER PARTNERS
RIGHT TO APPLY PAYMENT RECEIVED TO UNDER ART. 1822 AND 1823 .................. 311
PARTNERSHIP CREDIT ........................ 303 LIABILITY IN CASE OF PARTNERSHIP BY
ESTOPPEL ............................................ 311
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LIABILITY OF AN INCOMING PARTNER .. 312 Kinds of Agency ..............................329

NOTICE TO OR KNOWLEDGE OF THE IN GENERAL ....................................... 329
PARTNERSHIP..................................... 312 AS TO MANNER OF CREATION ............. 329
AS TO EXTENT OF BUSINESS COVERED 329
Dissolution and Winding Up...........312 AS TO AUTHORITY CONFERRED ........... 329
CONCEPTS .......................................... 312 SPECIAL KINDS .................................. 329
CAUSES OF DISSOLUTION .................... 312 KINDS OF AGENTS ............................... 333
EFFECTS OF DISSOLUTION ................... 314
WINDING UP PARTNERS ...................... 315 Powers of the Agent ...................... 333
RIGHTS OF PARTNERS IN CASE OF AUTHORITY OF AN AGENT.................... 333
DISSOLUTION...................................... 315 KINDS OF AUTHORITY.......................... 333
RIGHTS OF PARTNERS IN CASE OF SCOPE OF AUTHORITY ........................ 334
RESCISSION ........................................ 316
POWER TO BIND THE PRINCIPAL ......... 334
SETTLING OF ACCOUNTS BETWEEN
EFFECTS OF THE ACTS OF AN AGENT ... 334
PARTNERS .......................................... 316
RIGHTS OF CREDITORS OF DISSOLVED
PARTNERSHIP..................................... 317 Obligations of Agent ...................... 335
RIGHTS OF A RETIRED PARTNER OR A IN GENERAL ........................................335
REPRESENTATIVE OF DECEASED PARTNER OBLIGATION TO CARRY OUT AGENCY ....335
.......................................................... 318 OBLIGATION WHEN AGENT DECLINES ...335
RIGHT TO AN ACCOUNT ....................... 318 OBLIGATION TO ADVANCE NECESSARY
FUNDS................................................335
Limited Partnership ....................... 318 OBLIGATION TO ACT IN ACCORDANCE
WITH INSTRUCTIONS ...........................336
DEFINITION......................................... 318
OBLIGATION TO PREFER INTEREST OF
CHARACTERISTICS .............................. 318
PRINCIPAL ..........................................336
GENERAL AND LIMITED PARTNERS
OBLIGATION FOR THINGS RECEIVED .....336
DISTINGUISHED .................................. 318
RESPONSIBILITY FOR ACTS OF SUBSTITUTE
GENERAL AND LIMITED PARTNERSHIP
DISTINGUISHED .................................. 318
.......................................................... 337
RESPONSIBILITY OF TWO OR MORE
FORMATION....................................... 320
AGENTS .............................................. 337
MANAGEMENT ................................... 320
OBLIGATION FOR SUMS APPLIED TO HIS
OBLIGATIONS OF A LIMITED PARTNER .. 321
OWN USE ............................................ 337
RIGHTS OF A LIMITED PARTNER ...........322
OBLIGATIONS TO THIRD PERSONS....... 338
DISSOLUTION......................................323 OBLIGATIONS OF A COMMISSION AGENT
SETTLEMENT OF ACCOUNTS ............... 324 ......................................................... 339
AMENDMENT OR CANCELLATION OF RESPONSIBILITY FOR FRAUD AND
CERTIFICATE ...................................... 324 NEGLIGENCE ...................................... 340
Contract of Agency .........................325 Obligations of the Principal .......... 340

DEFINITION........................................ 325 IN GENERAL ....................................... 340
CHARACTERISTICS ............................. 325 OBLIGATION TO COMPLY WITH
FORMATION....................................... 325 CONTRACTS ....................................... 340
EFFECT ............................................... 327 OBLIGATION FOR COMPENSATION OF
AGENCY AND OTHER CONTRACTS AGENT ............................................... 340
DISTINGUISHED .................................. 327 LIABILITY FOR EXPENSES AND DAMAGES
......................................................... 340
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Modes of Extinguishment ..............342 FORECLOSURE [NCC 2112, 2115] ............. 361

IN GENERAL ....................................... 342 EFFECT OF THE SALE OF THE THING
REVOCATION BY PRINCIPAL ................ 342 PLEDGED [ART. 2115] .............................. 361
LEGAL PLEDGE / PLEDGE BY OPERATION
WITHDRAWAL BY AGENT .................... 343
OF LAW (ARTS. 2121-2122) ....................... 361
DEATH, CIVIL INTERDICTION, INSANITY OR
PLEDGE AS DISTINGUISHED FROM
INSOLVENCY ...................................... 344 CHATTEL MORTGAGE [ARTS. 2140, 1484]
ACCOMPLISHMENT OF OBJECT OR ..................................................................362
PURPOSE ........................................... 344 PACTUM COMMISSORIUM.......................362
DISSOLUTION OF FIRM OR CORPORATION EQUITABLE MORTGAGE ..........................362
EXPIRATION OF TERM......................... 344
Real Mortgage ................................ 363
MORTGAGE .............................................. 363
JUDICIAL FORECLOSURE ........................ 365
EXTRAJUDICIAL FORECLOSURE [ACT NO.
CREDIT TRANSACTIONS 3135] ........................................................365
REDEMPTION ...........................................366
Credit Transactions .......................346
SECURITY ............................................... 346 Antichresis ...................................... 367
TYPES OF CONTRACTS OF SECURITY .... 346 CHARACTERISTICS .................................. 367
SPECIAL REQUISITES ............................... 367
AS DISTINGUISHED FROM OTHER
Loan.................................................346 CONTRACTS ............................................. 367
COMMODATUM [NCC 1935-1952] .............. 347 OBLIGATIONS OF ANTICHRETIC CREDITOR
INTEREST AND SUSPENSION OF USURY .................................................................. 367
LAW ......................................................... 348 REMEDIES OF CREDITOR IN CASE OF NON-
PAYMENT OF DEBT ................................. 368
Deposit ........................................... 350
VOLUNTARY DEPOSIT ............................ 350 Chattel Mortgage ...........................368
NECESSARY DEPOSIT .............................. 351 CHATTEL MORTGAGE ............................. 368
JUDICIAL DEPOSIT ...................................352 CHARACTERISTICS ................................. 368
OBLIGATIONS SECURED ......................... 368
Guaranty and Suretyship ...............352 PROPERTY COVERED .............................. 368
GUARANTY...............................................352 VALIDITY OF CHATTEL MORTGAGE ........ 368
SURETYSHIP ............................................352 FORMAL REQUISITES ............................. 368
GUARANTY DISTINGUISHED FROM REGISTRATION OF CHATTEL MORTGAGE
SURETYSHIP [ZOBEL, INC. VS. CA, 1998] 352 ................................................................. 368
NATURE AND EXTENT OF GUARANTY ....353 FORECLOSURE ........................................ 368
NATURE AND EXTENT OF SURETYSHIP 355
EFFECT OF GUARANTY ........................ 356 Quasi-Contracts ............................. 370
EXTINGUISHMENT OF GUARANTY........ 359 NEGOTIORUM GESTIO (UNAUTHORIZED
MANAGEMENT) .......................................370
Pledge .............................................359 SOLUTIO INDEBITI (UNDUE PAYMENT) .. 371
CHARACTERISTICS ................................. 360 OTHER QUASI-CONTRACTS ..................... 372
KINDS ...................................................... 360
ESSENTIAL REQUISITES ......................... 360 Concurrence and Preference of
PROVISIONS APPLICABLE ONLY TO PLEDGE
................................................................. 360 Credits ............................................. 373
OBLIGATIONS OF PLEDGEE .................... 360 WHEN RULES ON PREFERENCE ARE
RIGHTS OF PLEDGOR............................... 361 APPLICABLE ............................................. 373
REQUISITES FOR PERFECTION [ARTS. CLASSIFICATION OF CREDITS ................. 373
2093, 2096] ............................................. 361
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SPECIAL PREFERRED CREDITS ON SPECIFIC Regalian Doctrine ..........................382

MOVABLE PROPERTY [ART. 2241] .......... 374 CONCEPT ..................................................382
SPECIAL PREFERRED CREDITS ON SPECIFIC EFFECTS ...................................................382
IMMOVABLE PROPERTY AND REAL RIGHTS CONCEPT OF NATIVE TITLE, TIME
[ART. 2242] ............................................. 374 IMMEMORIAL POSSESSION.....................383
ORDINARY PREFERRED CREDITS [ART.
2244] ....................................................... 375
COMMON CREDITS [ART. 2245] ............. 375 Citizenship Requirement ............... 383
INDIVIDUALS............................................383
CORPORATIONS ..................................... 384
LAND TITLES AND DEEDS Original Registration......................384

CONCEPT ................................................. 384
WHO MAY APPLY .................................... 385
Land Title ........................................ 378 WHERE TO FILE ....................................... 385
CONCEPT .................................................. 378 PROCEDURE IN ORDINARY LAND
REGISTRATION ....................................... 386
EVIDENCE NECESSARY ........................... 390
Deed ................................................ 378 REMEDIES ............................................... 390
CONCEPT .................................................. 378 PETITIONS AND MOTIONS AFTER ORIGINAL
ELEMENTS OF A DEED ............................. 378 REGISTRATION ....................................... 390
Estate .............................................. 378 Judicial Confirmation of Imperfect or

CONCEPT .................................................. 378
TYPES OF ESTATE .................................... 378 Incomplete Titles ............................392
CONCEPT ..................................................392
WHEN APPLICABLE..................................392
Land Registration ........................... 378 WHO MAY APPLY .....................................392
CONCEPT .................................................. 378 FILING OF THE APPLICATION .................. 393
NATURE OF LAND REGISTRATION .......... 378 PROCEDURE IN JUDICIAL CONFIRMATION
LAWS IMPLEMENTING LAND .................................................................. 393
REGISTRATION ........................................ 379 EVIDENCE NECESSARY TO SUBSTANTIATE
PURPOSES OF LAND REGISTRATION ...... 379 APPLICATION ........................................... 393
OBJECT OF REGISTRATION...................... 379
CLASSIFICATION OF LANDS .................... 379
Cadastral Registration ...................394
CONCEPT ................................................. 394
Torrens System ............................... 379 PROCEDURE IN CADASTRAL
CONCEPT .................................................. 379 REGISTRATION ...................................... 394
HISTORY .................................................. 380 DISALLOWANCE OF REOPENING
ADVANTAGES ......................................... 380 CADASTRAL CASES................................. 395
NATURE .................................................. 380
PURPOSE ................................................ 380
ADMINISTRATION OF THE TORRENS Subsequent Registration ...............395
SYSTEM ................................................... 380 CONCEPT ................................................. 395
CERTIFICATE OF TITLE ............................ 380 NECESSITY AND EFFECTS OF
EFFECT OF REGISTRATION UNDER THE REGISTRATION TWO TYPES OF DEALINGS
TORRENS SYSTEM ................................... 381 ................................................................. 395
EFFECT OF NON-REGISTRATION .............382 TWO TYPES OF DEALINGS ...................... 395
DEALINGS IN LAND BEFORE ISSUANCE OF
DECREE ....................................................382 Non-Registrable Properties.......... 400
LACHES ....................................................382 CONCEPT ................................................. 400
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CIVIL CODE PROVISIONS DEALING WITH LEGAL CAUSE ........................................... 417

NON-REGISTRABLE PROPERTIES .......... 400 DOCTRINE OF LAST CLEAR CHANCE ....... 418
SPECIFIC KINDS OF NON-REGISTRABLE CONTRIBUTORY NEGLIGENCE................. 419
PROPERTIES OR LANDS ......................... 400
Legal Injury ..................................... 419
Dealings with Unregistered Lands.. 42 CLASSES OF INJURY ................................ 419
EFFECTS OF TRANSACTIONS COVERING
UNREGISTERED LAND ............................ 402
PRIMARY ENTRY BOOK AND
Intentional Torts ............................ 420
CONCEPT ................................................. 420
REGISTRATION BOOK ............................. 402
VIOLATIONS OF A PERSON’S SECURITY
PROCESS OF REGISTRATION.................. 402
AND PHYSICAL INJURIES ....................... 420
THIRD PARTY WITH A BETTER RIGHT NOT
MALICIOUS PROSECUTION......................423
PREJUDICED............................................ 402
DEFAMATION, FRAUD AND PHYSICAL
INVOLUNTARY DEALINGS IN
INJURIES ................................................. 424
UNREGISTERED LANDS .......................... 402
UNJUST DISMISSAL ................................ 425
INTERFERENCE WITH RELATIONS ......... 425
Negligence ..................................... 429

TORTS AND DAMAGES TEST OF NEGLIGENCE............................. 429
STANDARD OF CARE .............................. 430
TORTS .......................................... 404 STANDARD OF CARE NEEDED IN SPECIFIC
CIRCUMSTANCES .................................... 430
EVIDENCE .................................................432
Principles ....................................... 404 PRESUMPTION OF NEGLIGENCE .............432
ABUSE OF RIGHT..................................... 404
ACTS CONTRARY TO LAW....................... 405
ACTS CONTRARY TO MORALS ................ 405 Special Liability in Particular Cases
UNJUST ENRICHMENT ............................ 406 ......................................................... 437
PRODUCTS LIABILITY .............................. 437
CONSUMER ACT...................................... 438
Classification of Torts .....................407 NUISANCE ............................................... 440
ACCORDING TO MANNER OF COMMISSION VIOLATION OF CONSTITUTIONAL RIGHTS
................................................................. 407 ................................................................. 442
ACCORDING TO SCOPE ........................... 407
Strict Liability ................................. 446

The Tortfeasor ................................407 POSSESSOR AND USER OF AN ANIMAL. 446
THE DIRECT TORTFEASOR ..................... 407 NUISANCE ............................................... 446
PERSONS MADE LIABLE FOR OTHERS ... 407 PRODUCTS LIABILITY (SUPRA) .............. 447
JOINT TORTFEASORS .............................. 415 CONSUMER ACT...................................... 447
Acts of Omission and Its Modalities DAMAGES ................................... 450

......................................................... 415
Definition........................................ 450
Classification.................................. 450
Proximate Cause ............................ 416 ACCORDING TO PURPOSE ...................... 450
CONCEPT OF PROXIMATE CAUSE ........... 416 ACCORDING TO MANNER OF
DEFINITION .............................................. 416 DETERMINATION .................................... 450
TESTS TO DETERMINE PROXIMATE CAUSE SPECIAL AND ORDINARY ....................... 450
.................................................................. 417
CAUSE vs. CONDITION ............................. 417
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Actual and Compensatory Damages

........................................................ 450
ALLEGED AND PROVED WITH CERTAINTY
.................................................................. 451
COMPONENTS.......................................... 451
EXTENT OR SCOPE OF ACTUAL DAMAGES
................................................................. 453
Moral Damages ............................. 456

WHEN AWARDED .................................... 456
GENERAL PRINCIPLES OF RECOVERY .... 456
WHEN RECOVERABLE............................. 458
Nominal Damages ........................ 460

WHEN AWARDED .................................... 460
Temperate Damages .................... 460
Liquidated Damages...................... 461

RULES GOVERNING BREACH OF CONTRACT
.................................................................. 461
Exemplary or Corrective Damages 461

WHEN RECOVERABLE............................. 462
GENERAL PRINCIPLES ............................ 462
DAMAGES IN CASE OF DEATH CAUSED BY
CRIMES AND QUASI-DELICTS ................. 463
Graduation of Damages ................463

DUTY OF THE INJURED PARTY ............... 463
BURDEN OF PROOF ................................ 464
RULES ..................................................... 464
GROUNDS FOR MITIGATION OF DAMAGES
................................................................. 464
Miscellaneous Rules ..................... 465

DAMAGES THAT CANNOT CO-EXIST ...... 465
DAMAGES THAT MUST CO-EXIST ........... 465
DAMAGES THAT MUST STAND ALONE .. 465
14
PAGE 15
Effect and Application of RETROACTIVITY OF LAWS

Laws Art. 4, CC. Laws shall have no retroactive effect,
The Civil Code took effect on August 30, 1950. unless the contrary is provided.
WHEN LAWS TAKE EFFECT General rule: All statutes are to be construed as
having only prospective operation
Art. 2, CC. Laws shall take effect after fifteen Exception: When the law itself expressly
days following the completion of their provides
publication either in the Official Gazette, or in a
newspaper of general circulation in the Exceptions to Exception:
Philippines, unless it is otherwise provided. (as (1) Ex post facto law
amended by E.O. 200) (2) Impairment of contract
(3) In case of remedial statutes
General rules: (4) In case of curative statutes
 The clause "unless it is otherwise provided" (5) In case of laws interpreting others
refers to the date of effectivity and not to the (6) In case of laws creating new rights [(Bona v.
requirement of publication itself, which Briones (1918)]
cannot in any event be omitted. [Tanada v. (7) Penal laws favorable to the accused
Tuvera (1986)]
 Publication is indispensable in every case, but ACTS CONTRARY TO LAW
the legislature may in its discretion provide
that the usual fifteen-day period shall be
Art. 5, CC. Acts executed against the provisions
shortened or extended. [Tanada v. Tuvera
of mandatory or prohibitory laws shall be void,
(1986)]
except when the law itself authorizes their
validity.
Exception: Interpretative regulations and those
internal in nature [Tanada v. Tuvera (1986)]
WAIVER OF RIGHTS
IGNORANCE OF THE LAW
Art. 6, CC. Rights may be waived, unless the
Art. 3, CC. Ignorance of the law excuses no waiver is contrary to law, public order, public
one from compliance therewith. policy, morals, or good customs, or prejudicial to
a third person with a right recognized by law.
Conclusive Presumption – That everyone knows
the law, even if they have no actual knowledge Waiver – the relinquishment of a known right
of the law with both knowledge of its existence and an
intention to relinquish it. [Portland v. Spillman]
Mistake of Fact & Difficult Questions of Law -
These may excuse a party from the legal Exceptions:
consequences of his conduct; but not ignorance (1) If the waiver is contrary to law, public order,
of law. public policy, morals or good customs;
 In specific instances provided by law, mistake (2) If the waiver prejudices a third person;
as to difficult legal questions has been given (3) If the alleged rights do not yet exist;
the same effect as a mistake of fact. (4) If the right is a natural right.
[Tolentino]
 The laws referred to by this article are those of
the Philippines. There is no conclusive
presumption of knowledge of foreign laws.
[Tolentino]
PAGE 1
REPEAL OF LAWS Exception:

This article does not apply to criminal
Art. 7, CC. Laws are repealed only by prosecutions because where there is no law
subsequent ones, and their violation or non- punishing an act, the case must be dismissed.
observance shall not be excused by disuse, or [Tolentino]
custom or practice to the contrary.
PRESUMPTION AND APPLICABILITY
When the courts declared a law to be OF CUSTOM
inconsistent with the Constitution, the former
Art. 10, CC. In case of doubt in the interpretation
shall be void and the latter shall govern
or application of laws, it is presumed that the
lawmaking body intended right and justice to
Administrative or executive acts, orders and
prevail.
regulations shall be valid only when they are not
contrary to the laws or the Constitution
Art. 11, CC. Customs which are contrary to law,
public order or public policy shall not be
TWO KINDS OF REPEAL OF LAW countenanced.
[Tolentino]
(1) Express or Declared – contained in a special
Art. 12, CC. A custom must be proved as a fact,
provision of a subsequent law
according to the rules of evidence.
(2) Implied or Tacit – takes place when the
provisions of the subsequent law are
incompatible or inconsistent with those of LEGAL PERIODS
an earlier law.
Art. 13, CC. When the laws speak of years,
JUDICIAL DECISIONS months, days or nights, it shall be understood
that years are of three hundred sixty-five days
each; months, of thirty days; days, of twenty-
Art. 8, CC. Judicial decisions applying or
four hours; and nights from sunset to sunrise.
interpreting the laws or the Constitution shall
form a part of the legal system of the If months are designated by their name, they
Philippines. shall be computed by the number of days which
they respectively have.
Jurisprudence cannot be considered as an
independent source of law; it cannot create law. In computing a period, the first day shall be
[1 Camus 38 as cited in Tolentino] excluded, and the last day included
But the Court’s interpretation of a statute POLICY ON LAST DAY BEING A

constitutes part of the law as of the date it was LEGAL HOLIDAY/SUNDAY
originally passed since the Court’s construction  If the period arises by statute or orders by the
merely establishes contemporaneous legislative government, the last day will automatically be
intent that the interpreted law carried into considered the next working day
effect. [Senarillos v. Hermosisima (1956)]  If the period arises from a contractual
relationship, the act will still be due on that
DUTY TO RENDER JUDGMENT Legal Holiday/Sunday
General Rule: APPLICABILITY OF PENAL LAWS
Art. 9, CC. No judge or court shall decline to Art. 14, CC. Penal laws and those of public
render judgment by reason of the silence, security and safety shall be obligatory upon all
obscurity or insufficiency of the laws. who live or sojourn in the Philippine territory,
subject to the principles of public international
law and to treaty stipulations.
PAGE 2
EXEMPTIONS UNDER It is the nationality or citizenship of the

INTERNATIONAL LAW (THEORY OF individual, which regulates the following—
(1) Civil status
EXTRATERRITORIALITY): (2) Capacity
(1) When the offense is committed by a foreign
(3) Condition
sovereign while in Philippine territory
(4) Family rights and duties
(2) When the offense is committed by
(5) Laws on Succession
diplomatic representatives
(6) Capacity to succeed
(3) When the offense is committed in a public
or armed vessel of a foreign country. According to the Supreme Court, it is a conflict
of laws theory by virtue of which jurisdiction over
CONFLICT OF LAWS the particular subject matter affecting a person
is determined by the latter’s nationality. [Ellis vs.
CONFLICT OF LAWS/ PRIVATE Republic (1963)]
INTERNATIONAL LAW
(1) It is a branch or part of Philippine Law which Art. 16, CC. Real property as well as personal
regulates the application of foreign law property is subject to the law of the country
within Philippine jurisdiction in the where it is situated.
resolution of cases involving foreign
elements. However, intestate and testamentary
(2) It is that part of municipal law which succession, both with respect to the order of
governs cases involving a foreign element. succession and to the amount of successional
(3) Private International Law is more commonly rights and to the intrinsic validity of
known in other jurisdictions as conflict of testamentary provisions, shall be regulated by
laws the national law of the person whose succession
is under consideration, whatever may be the
nature of the property and regardless of the
SOURCES country wherein the property may be found.
(1) Codes and statutes
(2) Treaties and international conventions
(3) Treatises, commentaries, and studies of RULE ON PROPERTY
learned societies Controlling Law: Lex Situs/Lex ReiSitae
(4) Judicial decisions General Rule: Real and Personal Property is
subject to the law of the country where it is
situated [Art. 16, CC]
EXAMPLES OF CONFLICT OF LAW
RULES IN THE PHILIPPINES APPLICATION OF THE DOCTRINE OF LEX
(1) Lex Patriae [Art. 15, CC] SITUS/LEX REISITAE
(2) Lex Domicili [Art. 1251 (par. 3), CC] (1) The capacity to transfer or acquire property
(3) Lex Situs/ Lex Rei Sitae [Art. 16, CC] is governed by Lex Situs.
(4) Lex Loci Contractus [Art. 17 (par. 1), CC]
(5) Lex Loci Celebrationis [Art. 71, CC] Note: Transfer of property to a foreigner who
(6) Lex Loci Celebrationis [Art. 26 (par. 1), FC] subsequently became a Filipino citizen shall be
(7) Lex Loci Intentionis [Art. 1306, CC] recognized [Llantino vs. Co Liong Chong]
Art. 15. Laws relating to family rights and duties, (2) The formalities of a contract to convey
or to the status, condition and legal capacity of property are governed by Lex Situs
persons are binding upon citizens of the
Philippines, even though living abroad. EXCEPTIONS TO LEX SITUS
Most civil law countries such as the Philippines (1) Transactions Not Affecting Transfer of Title
follow the NATIONAL LAW THEORY: or Ownership of Land: Lex Intentionis or Lex
Voluntatis
PAGE 3
(2) Contracts where Real Property Offered as RULE ON SUCCESSION

Security: The principal contract is the loan
while the mortgage of the land is only an EXTRINSIC VALIDITY [ARTS. 17, 815-817, CC]
accessory
(a) Mortgage – Lex Situs Place of Execution Applicable Law
(b) Loan Contract – Rules on ordinary
contracts Filipino Testator
Philippines Philippine Law
(3) Intestate and Testamentary Succession:
Intestate and testamentary successions Foreign Country (1) Law of the place
shall be regulated by the national law of the where he may be
decedent, with respect to the following (Art. (lex loci
16(2), CC; Art. 1039, CC) celebrationis) [Art
(a) Order of succession 815, CC]
(2) Philippine law [III
(b) Amount of successional rights
(c) Intrinsic validity of the testamentary Tolentino 117]
provisions Alien Testator
(d) Capacity to succeed Philippines (1) Philippine Law [Art.
17, CC]
(4) Under a Policy-centered Approach: Forum (2) Law of the country
court is not bound to look to the law of the in which he is a
situs when the situs of the movable property citizen or subject
is insignificant or accidental (lex nationali) [Art.
817, CC]
 Questions relating to the validity and effect of
the transfer of the movable property are Foreign Country [Art. (1) Law of the place in
governed by the law of the place of principal 816, CC; Art. 17, CC] which he resides
use (lex domicilii)
(2) Law of his country
 Where the issue involves considerations other
(lex nationali)
than the validity and effect of the transfer
(3) Philippine law
itself, governing law is the law of the state
(4) Law of the place
which has real interest
where they were
executed (lex loci
celebrationis)
RULE RE: JOINT WILLS

(1) Joint wills prohibited under Art. 818
executed by Filipinos in a foreign country
shall not be valid in the Philippines even
though authorized by the laws of the
country where they were executed. (Art. 819)
(2) Civil Code is silent as to the validity of a joint
will executed by an alien in the Philippines.
It is suggested that it should not be
probated if it would affect the heirs in the
Philippines.
INTRINSIC VALIDITY
Intestate and testamentary successions shall be
regulated by the national law of the decedent,
PAGE 4
with respect to the following [Art. 16(2), CC; Art. (b) The testator had his domicile in the
1039, CC]: foreign country and not in the
(1) Order of succession Philippines
(2) Amount of successional rights (c) The will has been admitted to probate in
(3) Intrinsic validity of the testamentary such country
provisions (d) The fact that the foreign tribunal is a
(4) Capacity to succeed probate court
(e) The laws of the foreign country on
INTERPRETATION OF WILLS procedure and allowance of wills
Governed by the National Law of the decedent.
ADMINISTRATION OF ESTATES
REVOCATION Territorial: governed by the law of the place
where the administration takes place, and that
Testator Applicable Law is the law of the country from which the
administrator derives his authority.
Will is revoked in the Philippines
TRUSTS
Philippine Domiciliary Philippine Law Extrinsic validity: Rule governing wills apply.
Intrinsic validity: lex situs since a trust involves
Non-domiciliary [Art. property [Art. 17, CC]
Philippine Law
829, CC]
Will is revoked in a Foreign Country Art. 17, CC. The forms and solemnities of
(1) Philippine Law contracts, wills, and other public instruments
(2) Law of the place of shall be governed by the laws of the country in
Philippine Domiciliary which they are executed.
revocation (lex loci
actus)
(1) Law of the place When the acts referred to are executed before
where the will was the diplomatic or consular officials of the
made Republic of the Philippines in a foreign country,
Non-domiciliary [Art. (2) Law of the place in the solemnities established by Philippine laws
829, CC] which the testator shall be observed in their execution.
had his domicile at
the time of the Prohibitive laws concerning persons, their acts
revocation or property, and those which have, for their
object, public order, public policy and good
PROBATE OF WILLS customs shall not be rendered ineffective by
Controlling Law: The probate of a will being laws or judgments promulgated, or by
essentially procedural in character, the law of determinations or conventions agreed upon in a
the forum (lex fori) governs. foreign country.
Wills Proved and Allowed in a Foreign RULE ON EXTRINSIC VALIDITY OF

Country: CONTRACTS
(1) A will proved and allowed in a foreign
country in accordance with the laws of that GENERAL RULE: LEX LOCI CELEBRATIONIS
country may be allowed, filed, and recorded The forms and solemnities of contracts xxx shall
in the proper Regional Trial Court in the be governed by the laws of the country in which
Philippines [Rule 77, Sec.1, Rules of Court] they are executed [Art. 17, CC]
(2) Requisites for Reprobate [Vda. de Perez vs.
Tolete (1994)] – The following must be
proved by competent evidence:
(a) Due execution of the will in accordance
with the foreign laws
PAGE 5
CONTRACTS BEFORE unless there are cogent reasons for not

DIPLOMATIC/CONSULAR OFFICIALS doing so.
The solemnities established by Philippine laws (b) Implied – Based on the
shall be observed with respect to contracts contemporaneous and subsequent acts
executed before diplomatic or consular officials of the parties; often upheld with
of the Republic of the Philippines in a foreign reference to the rule of validity of
country [Art. 17(2), FC] contracts which presumes that the
parties contemplate to enter into a valid
CONTRACTS ENTERED INTO BY LETTER/ contract
CABLEGRAM, ETC.
A contract accepted by letter or cablegram is Art. 18, CC. In matters which are governed by
presumed to have been entered into at the the Code of Commerce and special laws, their
place where the offer was made. (Art. 1319(2)) deficiency shall be supplied by the provisions of
this Code.
THREE POSSIBLE LAWS
Exceptions to the article: Those where special
(1) Lex Loci Contractus – Law of the place where laws are made to apply suppletorily to the Civil
the contract is made Code.
(a) Advantages
(i) Relative ease in establishing e.g. Contract of transportation by common
(ii) Certainty and stability carriers: “In all matters not regulated by this
(b) Disadvantage: Unjust results when Code, the rights and obligations of common
place of making is entirely incidental carriers shall be governed by the Code of
Commerce and by special laws.”[Art. 1766, CC]
Note: To determine where the contract is
made, we look to the place where the last SPECIAL CONFLICT OF LAW
act is done which is necessary to bring the
binding agreement into being so far as the RULES
acts of the parties are concerned.
MARRIAGE
(2) Lex Loci Solutionis – Law of the place of
performance governs DEFINITION
(a) Advantage – Always connected to the
contract in a significant way Art. 1, FC. Marriage is a special contract of
(b) Disadvantage – Not helpful when the permanent union between a man and a woman
contract is performed in 2 or more entered into in accordance with law for the
states with conflicting laws establishment of conjugal and family life. It is
the foundation of the family and an inviolable
(3) Lex Loci Intentionis – Law intended by the social institution whose nature, consequences,
parties and incidents are governed by law and not
subject to stipulation, except that marriage
Basis: The contracting parties may establish settlements may fix the property relations
such stipulations, clauses, terms and during the marriage within the limits provided
conditions as they may deem convenient, by this Code.
provided they are not contrary to law,
morals, good customs, public order, or EXTRINSIC VALIDITY OF MARRIAGE
public policy [Art. 1306, CC]
Formal Requisites of Marriage under
May be express or implied Philippine Law [Art. 3, FC] – extraneous to
(a) Express – when the parties stipulate the parties
that the contract be governed by a (1) Authority of the solemnizing officer
specific law, such law will be recognized
PAGE 6
(2) Valid marriage license except in the cases (a) Marriages between ascendants and
provided for in Chapter 2 of Title I ascendants of any degree, whether
(marriages of exceptional character) legitimate or illegitimate; and
(3) A marriage ceremony which takes place (b) Marriages between brothers and sisters,
with the appearance of the contracting whether of the full or half-blood
parties before the solemnizing officer and (7) Void marriages for reasons of public policy
their personal declaration that they take [Art. 38, FC]
each other as husband and wife in the (a) Marriages between collateral blood
presence of not less than two witnesses of relatives, whether legitimate or
legal age. illegitimate, up to the 4th civil degree
(b) Marriages between step-parents and
Determination of Extrinsic Validity step-children.
(c) Marriages between the adopting parent
Art. 26, FC. All marriages solemnized outside and adopted child
the Philippines in accordance with the laws in (d) Marriages between the surviving spouse
force in the country where they were of the adopting parent and the adopted
solemnized, and valid there as such, shall also child
be valid in this country. xxx (e) Marriages between the surviving spouse
of the adopted child and the adopter
Art. 2, Hague Convention. Formal requirements (f) Marriages between an adopted child
for marriage are governed by the law of the and a legitimate child of the adopter
state of celebration. (g) Marriages between adopted children of
the same adopter
General rule: Lex Loci Celebrationis (h) Marriages between parties where one,
with the intention to marry the other,
Exceptions: The following marriages are void killed that other person's spouse, or his
even if valid in the country where celebrated or her own spouse.
[Art. 26, FC]:
(1) Those contracted by any party below 18 These exceptions put into issue the capacity of
years of age even with the consent of the parties to enter into the marriage and
parents or guardians [Art. 35(1), FC] therefore relate to the substantive requirement
(2) Bigamous or polygamous marriages not for marriage and is governed by lex nationalii.
falling under Art. 41, FC [Art. 35 (4), FC]
(3) Those contracted thru mistake of one INTRINSIC VALIDITY OF MARRIAGE
contracting party as to the identity of the Refers to capacity of a person to marry
other [Art. 35(5), FC]
(4) Those subsequent marriage without Intrinsic validity is determined by the parties’
recording in the civil registry the judgment of personal law, which may be their domiciliary or
annulment or declaration of nullity, national law.
partition and distribution of properties and  Laws relating to Family rights and duties,
the delivery of the children’s presumptive Status, Condition or Legal capacity of persons
legitimes [Art. 35(6), FC] are binding on citizens of the Philippines, even
(5) A marriage contracted by any party who, at though living abroad [Art. 15, CC]
the time of the celebration, was  When either or both contracting parties are
psychologically incapacitated to comply with citizens of a foreign country, it shall be
the essential marital obligations of necessary for them to submit a certificate of
marriage, even if such incapacity becomes legal capacity to contract marriage, issued by
manifest only after solemnization [Art. 36, their respective diplomatic or consular officials,
FC] before they can obtain a marriage license [Art.
(6) Incestuous marriages [Art. 37, FC] 21, FC]
 Marriages enumerated under Art. 26(2), FC
are void even if valid in the country where
PAGE 7
celebrated. This is in relation to Art. 5, CC, Under Philippine law, personal relations
where acts executed against the provisions of between the spouses include [Arts. 68, 70-71,
mandatory or prohibitory laws are void. FC]:
(1) Mutual fidelity
Essential Requisites of Marriage under Philippine (2) Respect
Law [Art. 2, FC] – concerns parties themselves (3) Cohabitation
(1) Legal capacity of the contracting parties (4) Support
who must be male and female (5) Right of the wife to use the husband’s
(2) Consent freely given in the presence of the family name
solemnizing officer
Property relations
The Hague Convention on Validity of Marriages (1) The Hague Convention declares that the
allows a contracting state to refuse recognition governing law on matrimonial property is:
of the marriage in the ff. cases: (a) The internal law designated by the
(1) One of the parties did not freely Consent spouses before the marriage
(2) Spouses were Related, by blood or adoption (b) In the absence thereof, the internal law
(3) One of the parties did not have the Mental of the state in which the spouses fix
capacity to consent their habitual residence
(4) One of the spouses was already Married (2) Rule under Philippine law (Art. 80, FC)
(5) One of the parties has not attained the (a) In the absence of a contrary stipulation
Minimum age, nor acquired the necessary in the marriage settlements, the
dispensation property relations of the spouses shall
be governed by Philippine laws,
Rule on Proxy Marriages regardless of the place of the
Proxy marriages, where permitted by the law of celebration of the marriage and their
the place where the proxy participates in the residence.
marriage ceremony, are entitled to recognition
in countries adhering to the lex loci celebrationis Rule is inapplicable:
rule, at least insofar as formal validity is (i) If both spouses are aliens
concerned. (ii) With respect to the extrinsic validity
of the contracts affecting property
Internal Philippine law, however, does not not situated in the Philippines and
sanction proxy marriages. Arts. 2 and 3 FC both executed in the country where the
require that the contracting parties personally property is located
appear before the solemnizing officer for the (iii) With respect to the extrinsic validity
marriage to be valid. of contracts entered into in the
Philippines but affecting property
Consular Marriages situated in a foreign country whose
Marriages between Filipino citizens abroad may laws require different formalities for
be solemnized by a consul-general, consul or its extrinsic validity.
vice consul of the Republic of the Philippines (3) Doctrine of Immutability of Matrimonial
(Art. 10, FC). Property Regime –The change of nationality
on the part of the husband or wife does not
EFFECTS OF MARRIAGE affect the original property regime except
when the law of the original nationality
Personal relations between the spouses itself changes the marital regime, hence,
Governed by the national law of the parties the property regime has to change
accordingly.
If the spouses have different nationalities,
generally the national law of the husband may
prevail as long as it is not contrary to law,
customs and good morals of the forum.
PAGE 8
DIVORCE AND SEPARATION obtained abroad by the alien spouse of a

Filipino citizen before the FC became effective.
RULE UNDER THE HAGUE CONVENTION
The granting of divorce or separation must Paragraph 2 of Article 26 should be interpreted
comply with the national law of the spouses and to include cases involving parties who, at the
lex fori (law of the place where the application time of the celebration of the marriage were
for divorce is made). Filipino citizens, but later on, one of them
becomes naturalized as a foreign citizen and
DIVORCE DECREES OBTAINED BY FILIPINOS obtains a divorce decree. The Filipino spouse
General rule: Decrees of absolute divorce should likewise be allowed to remarry as if the
obtained by Filipinos abroad have no validity other party were a foreigner at the time of the
and are not recognized in Philippine solemnization of the marriage. The reckoning
Jurisdiction. point is not the citizenship of the parties at the
time of the celebration of the marriage, but their
Statutory bases: citizenship at the time a valid divorce is obtained
(1) Laws relating to Family rights and duties, or abroad by the alien spouse capacitating the
to the Status, Condition and Legal capacity latter to remarry. [Republic v. Orbecido (2005)]
of persons are binding upon citizens of the
Philippines, even though living abroad [Art. VALIDITY OF FOREIGN DIVORCE BETWEEN
15, CC] FOREIGNERS
(2) Prohibitive laws concerning persons, their A foreign divorce will be recognized in all
acts or property, and those which have for contracting states if, at the date of the
their object public order, public policy and institution of the proceedings:
good customs, shall not be rendered (1) Either spouse had his habitual residence
ineffective by laws or judgments, or by there;
determinations or conventions agreed upon (2) Both spouses were nationals of that state;
in a foreign country. [Art. 17(3), CC] or
(3) If only the petitioner was a national, he
Exception: should have his habitual residence there
(Hague Convention on the Recognition of
Art. 26(2), FC. Where a marriage between a Divorce and Legal Separation)
Filipino citizen and a foreigner is validly
celebrated and a divorce is thereafter validly While there is no provision of law requiring
obtained abroad by the alien spouse Philippine courts to recognize a foreign divorce
capacitating him or her to remarry, the Filipino decree between non-Filipinos such will be
spouse shall have capacity to remarry under recognized under the principle of international
Philippine law comity, provided that it does not violate a
strongly held policy of the Philippines. The
Owing to the Nationality Principle, only divorce decree obtained by a foreign citizen may
Philippine nationals are covered by the policy be given recognition in Philippine jurisdiction
against absolute divorces, the same being upon proof of existenceof the divorce decree
considered contrary to our concept of public and the foreign law governing the divorce.
policy and morality. However, aliens may obtain [Garcia v. Recio (2001)]
divorces abroad, provided they are valid
according to their national law. And the ANNULMENT AND DECLARATION OF
marriage tie, when thus severed as to one party, NULLITY
ceases to bind the other (allowing the Filipino to
remarry). [Van Dorn v. Romillo, Jr. (1985)] JURISDICTION TO ANNUL
(1) Lex loci celebrationis; or
Note: The Van Dorn case was decided prior to (2) Place of matrimonial domicile
the effectivity of the FC. It can thus serve as a
basis for the recognition of divorce decree
PAGE 9
GOVERNING LAW The conduct of a woman of adult age,

(1) Lex loci celebrationis — determines the maintaining intimate sexual relations with
consequences of any defect as to form appellant, with repeated acts of intercourse is
(2) In general, the same applies with reference incompatible with the idea of seduction.
to substantive or intrinsic validity. But with [Tanjanco v. Court of Appeals (1966)]
regard to capacity of the parties to marry,
national law is determinative. PRINCIPLE OF UNJUST
ENRICHMENT
Human Relations Art. 22, CC. Every person who through an act of
performance by another, or any other means,
ABUSE OF RIGHT acquires or comes into possession of something
at the expense of the latter without just or legal
ground, shall return the same to him.
Art. 19, CC. Every person must, in the exercise of
his rights and in the performance of his duties,
Art. 22 Art. 2154
act with justice, give everyone his due, and
(Accion in Rem Verso) (Solutio Indebiti)
observe honesty and good faith.
Not necessarily a Payment should be
mistake in payment made by mistake
ACTS CONTRARY TO LAW
Art. 20, CC. Every person who, contrary to law,
wilfully or negligently causes damage to
Persons and Personality
another, shall indemnify the latter for the same.
CAPACITY TO ACT
ACTS CONTRA BONUS MORES
CIVIL PERSONALITY
Art. 21, CC. Any person who wilfully causes loss
or injury to another in a manner that is contrary Art. 37, CC. Juridical capacity, which is the fitness
to morals, good customs or public policy shall to be the subject of legal relations, is inherent in
compensate the latter for the damage. every natural person and is lost only through
death. Capacity to act, which is the power to do
Mere breach of promise to marry is not an acts with legal effect, is acquired and may be
actionable wrong. But to formally set a wedding lost.
and go through all the above-described
preparation and publicity, only to walk out of it Juridical Capacity Capacity to Act
Fitness of man to be the Power to do acts with
when the matrimony is about to be solemnized,
subject of legal relations legal effect
is quite different. This is palpably and
Passive Active
unjustifiably contrary to good customs for which Aptitude for the Holding Aptitude for the
defendant must be held answerable in and Enjoyment of rights Exercise of rights
damages in accordance with Article 21 Inherent in natural persons Must be acquired
aforesaid. [Wassmer v. Velez (1964)] Lost through death
Lost upon death
and other causes
Article 21 may also be applied in a breach of Can exist without capacity Must exist with
promise to marry where the woman is a victim to act juridical capacity
of moral seduction. Award of damages pursuant Cannot be limited or May be restricted or
to Article 21 is justified not because of such restricted limited
promise to marry but because of the fraud and
deceit behind it and the willful injury to her Juridical capacity can exist even without capacity
honor and reputation which followed thereafter. to act; the existence of the latter implies that of
[Baksh vs. Court of Appeals (1993)] the former.
PAGE 10
BIRTH DEATH
Art. 40, CC. Birth determines personality; but the Art. 42, CC. Civil personality is extinguished by
conceived child shall be considered born for all death. The effect of death upon the rights and
purposes favorable to it, provided that it be born obligations of the deceased is determined by
later with the conditions specified in the law, by contract and by will.
following article.
Criminal liability ends with death but civil
Art. 41, CC. For civil purposes, the fetus is liability may be charged against the estate
considered born if it is alive at the time it is [People v. Tirol, (1981)].
completely delivered from the mother’s womb.
However, if the fetus had an intra-uterine life of Art. 43, CC. If there is a doubt, as between two
less than seven months, it is not deemed born if or more persons who are called to succeed each
it dies within twenty-four hours after its other, as to which of them died first, whoever
complete delivery from the maternal womb. alleges the death of one prior to the other, shall
prove the same; in the absence of proof, it is
Birth – complete removal of the fetus from the presumed that they died at the same time and
mother’s womb; before birth, a fetus is merely there shall be no transmission of rights from
part of the mother’s internal organs. one to the other.
Proof that the fetus was alive upon separation is Article 43 provides a statutory presumption
complete respiration – test/sign of independent when there is doubt on the order of death
life between persons who are called to succeed each
other (only).
Intra-Uterine Life When Considered Born
7 months or more Alive upon delivery
The statutory presumption of Article 43 was not
Alive only after
applied due to the presence of a credible
Less than 7 months completion of 24
eyewitness as to who died first. [Joaquin v.
hours from delivery
Navarro, (1948)]
PERSONALITY OF CONCEIVED CHILD
COMPARE ART. 43 WITH RULE 131, SEC. 3
(1) Limited – only for purposes favorable to it.
(JJ), PRESUMPTION OF SURVIVORSHIP
(2) Conditional – it depends upon the child
being born alive later.
Art. 43 Rule 131, Sec. 3 (jj)
Period of conception – the first 120 days of the Only use the presumptions when there are no
300 days preceding the birth of the child. facts to get inferences from
Only use for Cannot be used for
A conceived child can acquire rights while still in succession purposes succession purposes
the mother’s womb. It can inherit by will or by Only during death in
intestacy. In any circumstance calamities, wreck,
battle or conflagration
An aborted fetus had conditional personality
but never acquired legal rights/civil personality
because it was not alive at the time of delivery
from the mother’s womb. No damages can be
claimed in behalf of the unborn child. [Geluz v
CA, (1961)]
PAGE 11
PRESUMPTION OF SURVIVORSHIP IN THE MINORITY

RULES OF COURT [RULE 131, SEC. 3, (JJ), RA 6809 (1989) – An act lowering the age of
RULES OF COURT] majority from twenty-one to eighteen years.
Age Presumed Survivor Effects on Contracts

Both under 15 Older (1) They cannot give consent to a contract [Art.
Both above 60 Younger 1327 (1), CC]
One under 15, the (2) A contract where one of the parties is a
One under 15 minor is voidable [Art. 1390(1), CC]
other above 60
(3) A contract is unenforceable when both of
Both over 15 and
the parties are minors (incapable of giving
under 60; different Male
consent) [Art. 1403(3), CC]
sexes
(4) Minority cannot be asserted by the other
Both over 15 and party in an action for annulment [Art. 1397,
Older
under 60; same sex CC]
One under 15 or over (5) Not obliged to make restitution except
One between 15 and
60, the other between insofar as he has been benefited [Art. 1399,
60
those ages CC]
(6) Minor has no right to demand the
RESTRICTIONS ON CAPACITY TO ACT thing/price voluntarily returned by him [Art.
1426, CC]
Art. 38, CC. Minority, insanity or imbecility, the (7) Minor has no right to recover voluntarily
state of being a deaf-mute, prodigality and civil paid sum or delivered thing, if consumed in
interdiction are mere restrictions on capacity to good faith [Art. 1427, CC]
act, and do not exempt the incapacitated (8) Must pay reasonable amount for
person from certain obligations, as when the necessaries delivered to him [Art. 1489, CC]
latter arise from his acts or from property
relations, such as easements. Estoppel works against minors who
misrepresent their ages in a contract and are
compelled to comply with its terms. (active
Art. 39, CC. The following circumstances, among misrepresentation done by minors). [Mercado v.
others, modify or limit capacity to act: age, Espiritu, (1918)]
insanity, imbecility, the state of being a deaf-
mute, penalty, prodigality, family relations, When a minor made no active
alienage, absence, insolvency and trusteeship. misrepresentation as to his minority and such
The consequences of these circumstances are minority is known to the other party, the
governed in this Code, other codes, the Rules of contract is voidable [Art. 1403, CC] as to the
Court, and in special laws. minor. [Bambalan v. Maramba, (1928)]
Capacity to act is not limited on account of Minors are obliged to make restitution insofar as
religious belief or political opinion. they have been benefited. [Art. 1399, CC].
[Braganza v. Villa Abrille, (1959)]
A married woman, twenty-one years of age or
over, is qualified for all acts of civil life, except in
cases specified by law. Effects on Marriage
May not yet contract marriage [Art. 5, FC].
General rule: Incapacitated persons are not
exempt from certain obligations arising from his Marriages, where one of the parties is below 18,
acts or property relations. even with the consent of parents/guardians, are
void [Art. 35, FC].
PAGE 12
Effect on Crimes or otherwise communicated to him by 2 persons

General rule: Exempted from criminal liability. [Art. 807, CC]
Exception: Acted with discernment, and the Cannot be a witness to the execution of a will
minor is between 15 and 18 years of age. [Art. 820, CC]
INSANITY PRODIGALITY
Insanity includes many forms of mental disease, A spendthrift or a prodigal is “a person, who, by
either inherited or acquired. A person may not excessive drinking, gambling, idleness or
be insane but only mentally deficient (idiocy, debauchery of any kind shall so spend, waste or
imbecility, feeble-mindedness). lessen his estate as to expose himself or his
family to want or suffering.” The acts of
Effect on Contracts prodigality must show a morbid state of mind.
(1) Incapacity to give consent to a contract [Art. [Martinez v. Martinez, (1902)]
1327(2), CC]
(2) Contracts entered into during lucid intervals It is not the circumstance of prodigality, but the
are valid [Art. 1328, CC] fact of being under guardianship that restricts
(3) Restitution of benefits [Art. 1399, CC] capacity to act.
(4) Voidable if one of the parties is insane [Art.
1390, CC] CIVIL INTERDICTION
(5) Unenforceable if both of the parties are
insane [Art. 1403 (3), CC] Civil interdiction – It is an accessory penalty
imposed upon persons who are sentenced to a
Effect on Crimes principal penalty not lower than reclusion
General rule: Exempted from criminal liability temporal [Art. 41, RPC].
Offender is deprived of rights of parental
Exception: Acted during lucid interval authority, or guardianship, of marital authority,
of the right to manage his property and of the
Effect on Marriage right to dispose of such by any act inter vivos
May be annulled if either party was of unsound [Art. 34, RPC]
mind unless the such party after coming to
reason, freely cohabited with the other [Art. For the validity of marriage settlements, the
45(2), FC] participation of the guardian shall be
indispensable [Art. 79, CC]
Action for annulment of marriage must be filed
by the sane spouse who had no knowledge of FAMILY RELATIONS
the other’s insanity, or by any relative/guardian Justifying circumstance if acted in defense of
of the insane before the death of either party; or person/rights of spouse, ascendants,
by the insane spouse during a lucid interval or descendants, brothers/sisters, and other
after regaining sanity [Art. 47(2), FC] relatives up to the 4th civil degree [Art. 11(2),
RPC]
STATE OF BEING DEAF-MUTE
Cannot give consent to a contract if he/she also Mitigating circumstance if acted in the
does not know how to write [Art. 1327(2), CC] immediate vindication of a grave offense/felony
Voidable if one of the parties is deaf-mute and committed against his spouse, ascendants or
does not know how to write relatives of the same civil degree [Art. 13(5),
Unenforceable if both of the parties are deaf- RPC]
mutes and does not know how to write
Incestuous and void marriages:
Can make a valid will, provided: he must (1) Between ascendants and descendants of
personally read the will. The contents of the any degree;
same have either been read personally by him
PAGE 13
(2) Between brothers and sisters, whether full (3) A person who has been in danger of death
or half-blood. [Art. 37, FC] under other circumstances and his existence
has not been known for four years.
Donations/grants of gratuitous advantage
between spouses during the marriage shall be Art. 41, FC. A marriage contracted by any person
VOID, except moderate gifts during family during subsistence of a previous marriage shall
occasions [Art. 87, FC] be null and void, unless before the celebration
of the subsequent marriage, the prior spouse
Prescription does not run between spouses, had been absent for four consecutive years and
parent and child, guardian and ward (Art. 1109) the spouse present has a well-founded belief
that the absent spouse was already dead. In
General rule: Descendants cannot be compelled case of disappearance where there is danger of
to testify in a criminal case, against his parents death under the circumstances set forth in the
and grandparents provisions of Article 391 of the Civil Code, an
absence of only two years shall be sufficient.
Exception: crime was against the descendant
OR by one parent against the other [Art. 215, FC] For the purpose of contracting the subsequent
marriage under the preceding paragraph the
Spouses cannot sell property to each other, spouse present must institute a summary
except: proceeding as provided in this Code for the
(1) Absolute separation is agreed upon in the declaration of presumptive death of the
marriage settlements absentee, without prejudice to the effect of
(2) Judicial separation of property [Art. 1490, reappearance of the absent spouse.
CC]
Art. 42, FC. The subsequent marriage referred to
ABSENCE in the preceding Article shall be automatically
terminated by the recording of the affidavit of
Art. 390, CC. After an absence of seven years, it reappearance of the absent spouse, unless there
being unknown whether or not the absentee is a judgment annulling the previous marriage
still lives, he shall be presumed dead for all or declaring it void ab initio.
purposes, except for those of succession.
A sworn statement of the fact and
The absentee shall not be presumed dead for circumstances of reappearance shall be
the purpose of opening his succession till after recorded in the civil registry of the residence of
an absence of ten years. If he disappeared after the parties to the subsequent marriage at the
the age of seventy-five years, an absence of five instance of any interested person, with due
years shall be sufficient in order that his notice to the spouses of the subsequent
succession may be opened. marriage and without prejudice to the fact of
reappearance being judicially determined in
Art 391, CC. The following shall be presumed case such fact is disputed.
dead for all purposes, including the division of
the estate among the heirs: DOMICILE AND RESIDENCE OF
(1) A person on board a vessel lost during a sea PERSON
voyage, or an aeroplane which is missing,
who has not been heard of for four years FOR NATURAL PERSONS
since the loss of the vessel or aeroplane; The place of their habitual residence [Art. 50,
CC]
(2) A person in the armed forces who has taken
part in war, and has been missing for four FOR JURIDICAL PERSONS
years; The place where their legal representation is
established, or where they exercise their primary
PAGE 14
functions, unless there is a law or other provision subject to stipulation, except that marriage
that fixes the domicile [Art. 51, CC] settlements may fix the property relations
during the marriage within the limits provided
DOMICILE VS. RESIDENCE by this Code.
While domicile is permanent (there is intent to
remain), residence is temporary and may be Marriage is a special contract of permanent
changed anytime (there is no necessary intent union between a man and a woman entered
to remain). into in accordance with law for the
establishment of conjugal and family life.
Requisites of domicile:  It is the foundation of the family and an
(1) Physical presence in a fixed place inviolable social institution
(2) Intent to remain permanently (animus  Its nature, consequences, and incidents are
manendi) [Callejo v. Vera] governed by law and not subject to stipulation
 However, marriage settlements may fix the
property relations during the marriage within
KINDS OF DOMICILE the limits provided by the FC.
(1) Domicile of Origin – Domicile of parents of
a person at the time he was born. KINDS OF REQUISITES
(2) Domicile of Choice – Domicile chosen by a (1) Essential Requisites [Art. 2, FC]
person, changing his domicile of origin. (a) Legal Capacity of the contracting
parties, who must be a male and a
A 3rd requisite is necessary: intention not to female
return to one’s domicile as his permanent (b) Consent (of the parties) freely given in
place. the presence of a solemnizing officer.
(2) Formal Requisites [Art. 3, FC]
(3) Domicile by Operation of Law (i.e., Article (a) Authority of solemnizing officer
69, domicile of minor) (b) A valid marriage license
Except:
A married woman does not lose her (i) Marriages in articulo mortis or when
domicile to her husband. [Romualdez- one or both parties are at the point
Marcos vs. Comelec (1995)] of death,
(ii) Marriage in isolated places with no
available means of transportation,
Family Code (iii) Marriage among Muslims or other
ethnic cultural communities,
The Family Code took effect on August 3, 1988. (iv) Marriages of those who have lived
together as husband and wife
Marriage without any legal impediment for at
least 5 years
(c) Marriage Ceremony:
REQUISITES (i) Appearance of contracting parties
in the presence of a solemnizing
NATURE OF MARRIAGE officer
(ii) Personal declaration that they take
Art. 1, FC. Marriage is a special contract of each other as husband and wife in
permanent union between a man and a woman the presence of not less than 2
entered into in accordance with law for the witnesses
establishment of conjugal and family life. It is
the foundation of the family and an inviolable
social institution whose nature, consequences,
and incidents are governed by law and not
PAGE 15
EFFECT OF ABSENCE OF REQUISITES Fraud here refers to matters which relate to the
marital relation:
Absence Defect or Irregularity  Non-disclosure of previous conviction by final
Void Voidable judgment of a crime involving moral
turpitude;
ESSENTIAL REQUISITES  Concealment of pregnancy by another man;
 Concealment of a sexually transmitted
AGE disease;
Legal Capacity – Male or female 18 years old  Concealment of drug addiction, alcoholism,
and above, not under any of the impediments lesbianism, or homosexuality
mentioned in Art. 37 (incestuous marriages) &
Art. 38 (marriages against public policy), may CEREMONY
contract marriage. [Art. 5, FC] No prescribed form or religious rite for the
solemnization of marriage is required. [Art. 6,
MUST BE MALE AND FEMALE FC]
Changing of sex in one’s birth certificate on the
basis of sex reassignment was denied; The couple's written agreement where they
otherwise, it would result in confusion and declare themselves as husband and wife, signed
would allow marriage between persons of the by them before a judge and two capable
same sex which is in defiance of the law, as witnesses, even though it was independently
marriage is a union between a man and a made by them, still counts as a valid ceremony.
woman. [Silverio v. Republic, (2007)] [Martinez v. Tan, (1909)]
Note: The best source for citing the requirement Minimum requirements prescribed by law:
of male/female is still statutory, as provided (1) Appearance of contracting parties
explicitly in the Family Code. personally before the solemnizing officer
[Art. 3, FC]
CONSENT FREELY GIVEN (2) Personal declaration that they take each
Consent here refers to the consent of the other as husband and wife. [Art. 3, FC]
contracting parties; not of the parent/guardian (3) Presence of at least two witnesses of legal
in those cases where such consent is required age. [Art. 3, FC]
(when either party is between 18 to 21 years of (4) The declaration shall be contained in the
age). Marriage Certificate. [Art. 6, FC]
(5) Marriage certificate shall be signed by the
Absence contracting parties and their witnesses and
A marriage entered into by a person whose real attested by the solemnizing officer. [Art. 6,
intent is to avoid prosecution for rape is void for FC]
total lack of consent. The accused did not
intend to be married. He merely used such In a marriage in articulo mortis, when one or
marriage to escape criminal liability. [People v. both parties are unable to sign the marriage
Santiago, (1927)] certificate, it shall be sufficient for one of the
witnesses to write the name of said party, which
Defect shall be attested by the solemnizing officer. [Art.
6, par. 2, FC]
Art. 45, FC. A marriage may be annulled for any
of the following causes existing at the time of Places where marriage SHALL be publicly
the marriage: xxx (3) that the consent of either solemnized:
party was obtained by fraud, unless such party (1) Chambers of the judge or in open court
afterwards, with full knowledge of the facts (2) Church, chapel, or temple
constituting the fraud, freely cohabited with the (3) Office of the consul-general, consul, or vice-
other as husband and wife. consul [Art. 8, FC]
PAGE 16
Exceptions: marriages unless either or both parties

(1) Marriages performed in articulo mortis or in believed in good faith that the solemnizing
remote places. [Art. 29, FC] officer had legal authority to do so. [Art. 35
(2) Where both parties request in writing that (2)]
marriage be solemnized at a place (2) Absence & Irregularity of Authority of a
designated by them. solemnizing officer
Non-compliance with this requirement does not Where a judge solemnizes a marriage outside
invalidate the marriage (premise: more his jurisdiction, there is a resultant irregularity in
witnesses = more people can notify officer of the formal requisite laid down in Article 3, which
impediments to marriage). while it may not affect the validity of the
marriage, may subject the officiating official to
WHO MAY SOLEMNIZE MARRIAGES administrative liability. [Navarro v. Domagtoy
(1) Incumbent member of the Judiciary within (1996); Aranes v. Occiano (2002)]
his jurisdiction. [Art. 7, FC]
(2) Priest, Rabbi, Imam or Minister of any A marriage which preceded the issuance of the
Church or Religious Sect. Must be: marriage license is void and the subsequent
(a) Duly authorized by his church or issuance of such license cannot render valid the
religious sect marriage. Except in cases provided by law, it is
(b) Registered with the civil registrar the marriage license that gives the solemnizing
general officer the authority to solemnize a marriage.
(c) Acting within the limits of the written [Aranes v. Occiano (2002)].
authority granted to him by his church
or religious sect. LICENSE REQUIRED
(d) At least one of the contracting parties
belongs to the solemnizing officer’s General rule
church or religious sect. [Art. 7, FC] License required
Issued by local registrar of city or municipality
Absence Effect where either contracting party habitually resides
Authority by church/sect VOID [Art. 9, FC]
Registered w/ civil registrar VOID
Acting w/in written authority IRREGULARITY Each contracting party should file separately.
Either party belong to that [Art. 11, FC]
IRREGULARITY
church/sect
License valid in any part of the Philippines for
(3) Ship Captain or Airplane Chief may 120 days from date of issue, automatically
solemnize a marriage in articulo mortis cancelled at the expiration of such period. [Art.
between passengers or crew members [Art. 20, FC]
7, 31, FC]
(4) A Military commander of a unit may Foreign National
solemnize marriages in articulo mortis When either or both parties are foreign
between persons w/in the zone of military nationals: Certificate of legal capacity to contract
operation. [Art. 7, 32, FC] marriage, issued by a diplomatic or consular
(5) Consul-general, consul or vice-consul may official, shall be submitted before a marriage
solemnize marriages between Filipino license can be obtained [Art. 21, FC]
citizens abroad. [Art. 7, 10, FC]
(6) Municipal and City Mayors [LGC sec. 444- Stateless persons or refugees from other
455] countries: affidavit stating circumstances
showing capacity to contract marriage, instead
Exceptions [Art. 35, FC]: of certificate of legal capacity [Art. 21, FC]
(1) Marriage is void when solemnized by any
person not legally authorized to perform
PAGE 17
its inexistence, rendering the marriage VOID.

Exceptions [Republic v. CA and Castro (1994)]
(1) Marriage in Articulo mortis [Art. 27, FC]
 The marriage may be solemnized without Before a marriage can be solemnized, a valid
the necessity of a marriage license. marriage license must be presented first,
 It remains valid even if ailing party otherwise, it is VOID. [Moreno v. Bernabe (1995)]
survives.
(2) Between passengers or crew members in a Non-existence of a marriage contract does not
ship or airplane [Art. 31, FC] invalidate the marriage as long as all the
(3) Persons within a military zone [Art. 32, FC] requisites for its validity are properly complied
(4) Marriage in Remote and inaccessible places with. [People v. Borromeo (1984)]
[Art. 28, FC]
(5) Marriages by Muslims and Ethnic cultural Marriage Certificate – Where parties declare that
minorities provided they are solemnized in they take each other as husband and wife;
accordance with their customs, rites or contains the following:
practices. [Art. 33, FC] (1) Full name, sex, age of party
(6) Marriage by parties who have Cohabited for (2) Citizenship, religion, habitual residence
at least 5 years without any legal (3) Date and precise time of celebration of
impediment to marry each other. [Art. 34, marriage
FC; Ninal vs. Badayog (2000)] (4) That marriage license was properly issued
(except in marriages of exceptional
Requisites for the 5-year cohabitation to be valid character)
for the exemption from acquiring a marriage (5) That parental consent was secured, when
license: required
(1) The man and woman must have been living (6) That requirement as to parental advice was
together as husband and wife for at least complied with, when required
five years before the marriage; (7) That parties have entered into marriage
(2) The parties must have no legal impediment settlements, if any (Art. 22)
to marry each other;
(3) The fact of absence of legal impediment Not an essential or formal requisite without
between the parties must be present at the which the marriage will be void [Madridejo v. de
time of marriage; Leon (1930)]
(4) The parties must execute an affidavit
stating that they have lived together for at Best evidence that a marriage does exist.
least five years [and are without legal [Tenebro v. CA (2004)]
impediment to marry each other]; and
(5) The solemnizing officer must execute a EFFECT OF MARRIAGES
sworn statement that he had ascertained
the qualifications of the parties and that he
CELEBRATED ABROAD AND
had found no legal impediment to their FOREIGN DIVORCE
marriage. [Borja-Manzano v. Judge Sanchez
(2001)] MARRIAGES CELEBRATED ABROAD
General rule: Marriages solemnized abroad in
MARRIAGE CERTIFICATE accordance with the laws in force in that country
shall be valid in the Philippines. [Art 26, FC]
Absence and irregularity of marriage license
and contract Exceptions:
There is a presumption of regularity of official (1) Marriage between persons below 18 years
acts, and the issuance of the Civil Registrar of a old [Art. 35(1), FC]
Certificate of Due Search and Inability to Find (2) Bigamous or polygamous marriage [Art.
the application for a marriage license certifies 35(4), FC]
(3) Mistake in identity [Art. 35 (5), FC]
PAGE 18
(4) Marriages void under Article 53 [Art. 35 (6), Citizenship at the time the divorce is obtained
FC] determines its validity. Since H was no longer a
(5) Psychological incapacity [Art. 36, FC] Filipino citizen when he divorced W, the
(6) Incestuous marriages [Art. 37, FC] nationality principle did not apply to him
(7) Marriage void for reasons of public policy anymore and the divorce is valid. [Llorente v. CA
[Art. 38, FC] (2000)]
A divorce decree obtained by the foreign spouse

Essential requisites Formal requisites is recognized under Phil law if it is executed in
Requirements accordance with the foreigner’s national law.
Inherent in the parties,
independent of the The party must prove divorce as a fact and that
carried everywhere
parties said divorce is obtained in conformity with the
Lex nationalii – Laws Lex loci celebrationis – if law allowing it, before the Philippine courts can
relating to family rights valid where celebrated,
take judicial notice. [Garcia v. Recio (2001)]
and duties, or to the then valid everywhere;
status, condition, and forms of contracting
legal capacity of persons marriage are to be VOID AND VOIDABLE
are binding upon Phil regulated by the law
citizens even though living where it is celebrated.
MARRIAGES
abroad [Art. 15, CC] [Art. 26, FC]
Foreign marriages void
Foreign marriages may PRESUMPTION OF MARRIAGE
under Phil law due to lack  Presumption in favor of a valid marriage [Art
be void under Phil law
of an essential requisite, 220, CC]
due to absence of a
even if valid under foreign
laws, will not be
formal requisite under  The presumption that a man and a woman
foreign laws. deporting themselves as husband and wife
recognized.
have entered into a lawful contract of
PROOF OF FOREIGN MARRIAGE marriage is satisfactory if uncontradicted.
[Sec. 3 (aa), Rule 131, ROC]
In order that it may be upheld:
(1) Provisions of the foreign law  In marriages of exceptional character, the
(2) Celebration of the marriage in accordance existence of the marriage is presumed, even in
with said provisions the total absence of a marriage license. [Vda.
De Jacob v CA (1999)]
FOREIGN DIVORCES  If a marriage certificate is missing, and all
means have not yet been exhausted to find it,
Those obtained by Filipino citizens are void
then the marriage is presumed to exist [Sevilla
under Philippine law.
v. Cardenas (2006)]
If the foreign spouse obtains a valid divorce
Absence of a marriage certificate is not proof of
decree abroad capacitating him/her to remarry,
absence of marriage.
the Filipino spouse shall have capacity to
remarry under Philippine law. [Art. 26, FC]
To prove the fact of marriage, the following
would constitute competent evidence:
A divorce obtained by the foreign spouse in
(1) The testimony of witnesses to matrimony;
accordance with the said spouse’s national law
(2) Documentary photos or videos of the
is recognized in the Philippines and releases
wedding;
Filipino spouse from their marriage. [Van Dorn v.
(3) The couple’s public cohabitation; and
Romillo (1985)]
(4) Birth and baptismal certificates of children
born during the union. [Trinidad v CA (1998)]
The citizenship of the spouses at the time of the
divorce determines their capacity to obtain a
valid divorce. [Quita v. Dandan (1998)]
PAGE 19
VOID MARRIAGES Molina Guidelines:

(1) The burden of proof to show the nullity of
TYPES OF VOID MARRIAGES the marriage belongs to the plaintiff. This is
(1) Absence of any formal/essential requisites to be investigated by the OSG for collusion.
(2) Psychologically Incapacitated spouse (2) The root cause of the psychological
(3) Incestuous Marriages incapacity must be: (a) medically or clinically
(4) Marriages contrary to public policy identified, (b) alleged in the complaint, (c)
(5) Void subsequent marriages sufficiently proven by the experts, (d) clearly
explained in the decision.
Absence of requisites (3) The incapacity must be proven to be existing
at “the time of the celebration” of the
Art. 4(1), FC. The absence of any essential or marriage.
formal requisites shall render the marriage void (4) Such incapacity must also be shown to be
ab initio, except as stated in Article 35 (a). medically or clinically permanent or
incurable.
Art. 5, FC: Any male or female of the age of (5) Such illness must be grave enough to bring
eighteen years or upwards not under any of the about the disability of the party to assume
impediments mentioned in Articles 37 and 38, the essential obligations of marriage.
may contract marriage. (6) The essential marital obligations must be
those embraced by Articles 68 up to 71 of
Void from the Beginning [Art. 35, FC] the Family Code as regards the husband
(1) Marriage where any party is below eighteen and wife as well as Articles 220, 221, and
years of age even with the consent of 225 of the same Code in regard to parents
parents or guardians and their children.
(2) Marriage solemnized by any person not (7) Interpretations given by the National
legally authorized to perform marriages Appellate Matrimonial Tribunal of the
unless such marriages were contracted with Catholic Church in the Philippines, while not
either or both parties believing in good faith controlling/decisive, should be given great
that the solemnizing officer had legal respect by our courts.
authority to do so. (8) The trial court must order the prosecuting
One’s belief in good faith that the attorney or fiscal and the Solicitor General to
solemnizing officer has the required appear as counsel for the state. No decision
authority is a mistake of fact, and not of law. shall be handed down unless the Solicitor
(3) Marriage solemnized without a valid General issues a certification. [Republic v.
marriage license, except in marriages under Molina, (1997)]
exceptional circumstances
(4) Bigamous or polygamous marriages not 3 characteristics for determining psychological
falling under Article 41 (Art. 41: subsequent incapacity: gravity, antecedent, and incurability.
marriage by present spouse who obtained a [Santos v. Bedia-Santos, (1995)]
declaration of presumptive death for absent
spouse prior to the subsequent marriage) Refusal of husband to have sex was interpreted
(5) There is a mistake as to the identity of the as psychological incapacity. “A man who can
other contracting party but won’t is psychologically incapacitated.” [Tsoi
(6) Subsequent marriages that are void under v. CA, (1997)]
Article 53 (Non-compliance with Art. 52)
Psychological incapacity maybe established by
Psychological incapacity the totality of the evidence presented. Personal
Contracted by any party who, at the time of the medical examination could be dispensed with.
celebration, was psychologically incapacitated [Marcos v. Marcos (2000)]
to comply with the essential marital obligations
of marriage, even if such incapacity becomes
manifest only after its solemnization [Art. 36, FC]
PAGE 20
There is no requirement that the respondent be Void subsequent marriages

medically examined first. [Republic v. San Jose
(2007)] No Judicial Declaration of Nullity
A person entered into a subsequent marriage
“Pathological liar” considered as psychological without first getting a judicial declaration of
incapacity, Molina guidelines met. [Antonio v. nullity of the first void marriage [Art. 40, FC]
Reyes, (2006)]
Presumptive Death
Incestuous marriages Failure of the spouse present to obtain a judicial
(1) Between ascendants and descendants of declaration of presumptive death before
any degree, legitimate or illegitimate entering a subsequent marriage [Art. 41, FC]
(2) Between brothers and sisters, whether full or
half blood, legitimate or illegitimate [Art. 37, Bad Faith of Both Spouses
FC] Both spouses entering a subsequent marriage
after presumptive death, who acted in bad faith
Against public policy [Art. 44, FC]
(1) Between collateral blood relatives,
legitimate or illegitimate, up to the fourth Non-Recording
civil degree. Subsequent marriage of spouses, where the
(2) Between step-parents and step-children. requirements of recording under Art. 52 have
(3) Between parents-in-law and children-in- not have been complied with, shall be null and
law. void. [Art. 53, FC]
(4) Between adopting parent and adopted child.
(5) Between the surviving spouse of the Art. 52, FC. The judgment of annulment or of
adopting parent and the adopted child. absolute nullity of the marriage, the partition
(6) Between the surviving spouse of the adopted and distribution of the properties of the spouses
child and the adopter. and the delivery of the children's presumptive
(7) Between an adopted child and a legitimate legitimes shall be recorded in the appropriate
child of the adopter. civil registry and registries of property;
(8) Between adopted children of the same otherwise, the same shall not affect third
adopter. persons.
(9) Between parties where one, with the
intention to marry the other, killed that other Previous marriage declared void ab initio or
person's spouse, or his or her own spouse. annulled
[Art. 38, FC]
Art. 40, FC. The absolute nullity of a previous
Stepbrothers and stepsisters can marry because marriage may be invoked for purposes of
marriages between them are not among those remarriage on the basis solely of a final
enumerated in Article 38. judgment declaring such previous marriage
void.
Relationships outside of Art. 37 and 38 which
are not impediments to marriage: brother-in- In order to have a subsequent marriage:
law with sister-in-law, stepbrother with (1) The previous marriage should be judicially
stepsister, guardian with ward, adopted with declared void or annulled (final judgment)
illegitimate child of the adopter, adopted son of [Terre v. Terre (1992), Atienza v. Brillantes
the husband with adopted daughter of the wife, (1995)]
parties who have been convicted of adultery. (2) Must comply with the requirements of Art.
52
Under the Civil Code (superseded by the Family

Code), there was no need for a judicial
declaration of nullity of a previous marriage for
PAGE 21
a subsequent marriage to be valid [People v. (b) There is danger of death under the
Mendoza (1954)] circumstances set forth in Art. 391 CC
attendant to the disappearance;
Even if the judge’s first marriage contracted in (c) The spouse present had a well-founded
1965 was void for not having a marriage license, belief that the missing person is dead;
the requirement for a judicial declaration of and
nullity in Art. 40 still applies for his subsequent (d) Judicial declaration of presumptive
marriage contracted in 1991. [Atienza v. death was secured (no prejudice to the
Brillantes, (1995)] effect of the reappearance of the absent
spouse).
Where both marriages were contracted prior to
the effectivity of the FC, the requirement of Art. Extraordinary circumstances [Art. 391, CC]:
40 does not apply to the second marriage (1) On board vessel lost at sea voyage, airplane,
where a right is already vested and on which the (2) Armed Forces in war, or
FC cannot have retroactive effect. [Apiag v. (3) Danger of death under other circumstances,
Cantero, (1997)] existence not known
The judicial declaration of nullity can be invoked Institution of a summary proceeding is not
for purposes other than remarriage. Article 40 sufficient. There must also be a summary
was interpreted as being a requirement for judgment. [Balane]
purposes of remarriage but not limited for that
purpose. Separation of property is also a valid Only the spouse present can file or institute a
purpose for filing for a judicial declaration of summary proceeding for the declaration of
nullity. [Domingo v. CA, (1993)] presumptive death of the absentee. [Bienvenido
case]
The word “solely” in Art. 40 referred to
validating subsequent marriages but NOT to There must have been diligent efforts on the
limiting the purposes for which a judicial part of the deserted spouse to locate the absent
declaration of nullity can be invoked. [Domingo spouse. These diligent efforts correspond to the
v. CA, (1993)] requirement of the law for a well-founded
belief.
Subsequent Marriage when one spouse is
absent Effect of Reappearance of Absent Spouse
General rule: The subsequent marriage remains
Requirements for Subsequent Marriage to be valid.
Valid When Prior Spouse is Absent: [Art. 41, FC]
(1) Subsequent marriage due to ordinary Exception: It is automatically terminated by the
absence where: recording of the affidavit of reappearance of the
(a) Absent spouse had been absent for 4 absent spouse at the instance of any interested
consecutive years; person, with due notice to the spouses of the
(b) The spouse present had a well-founded subsequent marriage. [Art. 42, FC]
belief that absent spouse is dead; and
(c) Judicial declaration of presumptive It is the recording of the affidavit of
death was secured (no prejudice to the reappearance that automatically terminates the
effect of the reappearance of the absent subsequent marriage. Hence, if absentee
spouse). spouse reappears without recording affidavit of
(2) Subsequent marriage due to extraordinary reappearance, then there is no legal effect.
absence where: Meanwhile, absentee spouse cannot remarry.
(a) Absent spouse had been missing for 2 [Tolentino]
consecutive years;
PAGE 22
Exception to the exception: If there is a Art. 390, CC. After an absence of 7 years, it
judgment annulling the previous marriage or being unknown whether or not the absentee
declaring it void ab initio. [Art. 42, FC] still lives, he shall be presumed dead for all
purposes, except for those of succession.
Good Faith
Period of absence for Presumptive Death is The absentee shall not be presumed dead for
mandatory thus cannot be shortened by good the purpose of opening his succession till after
faith and if be done so will be void. an absence of 10 years. If he disappeared after
the age of 75 years, an absence of 5 years shall
Difference between Absence in the Civil Code be sufficient in order that his succession may be
and Family Code opened.
Family Code Civil Code Art. 391, CC. The following shall be presumed
As to period the estate among the heirs:
4 years under normal Absent for at least 7 (1) A person on board a vessel lost during a sea
circumstances years voyage, or an aeroplane which is missing,
2 years under 4 years under who has not been heard of for four years
extraordinary extraordinary since the loss of the vessel or aeroplane;
circumstances circumstances
(2) A person in the armed forces who has taken
As to remarriage part in war, and has been missing for four
years;
In order to remarry, Declaration of
summary proceeding presumptive death is not (3) A person who has been in danger of death
is necessary necessary under other circumstances and his
As to who can institute the action existence has not been known for four years.
Can be instituted by Although 7 years is required for the presumption

the spouse present, of death of an absentee in the CC, the FC makes
any interested party, The spouses themselves an exception for the purpose of remarriage by
and the subsequent limiting such requirement to 4 years.
spouse
Effects of Termination of Bigamous Marriage
As to effect on subsequent marriage under Art. 42 [Art. 43, FC; Art. 44, FC]
Subsequent Art. 43:
marriage is (1) Children of subsequent marriage –
automatically Upon reappearance, conceived prior to its termination considered
terminated by the judicial proceeding is legitimate; custody and support decided by
recording of an necessary to declare court in a proper proceeding
affidavit of marriage null and void (2) Property regime – dissolved and liquidated
reappearance of the (party in bad faith shall forfeit his/her share
absent spouse in favor of the common children or if there
are none, children of the guilty spouse by a
As to ground previous marriage, and in case there are
none, to the innocent spouse)
Well founded belief (3) Donation propter nuptias – remains valid,
Generally believed to be
that the absent (but if the donee contracted marriage in bad
dead
spouse is dead faith, donations are revoked by operation of
law)
PAGE 23
(4) Insurance benefits – innocent spouse may VOIDABLE OR ANNULLABLE

revoke designation of guilty party as MARRIAGE
beneficiary, even if such designation is In case either or both of the contracting parties,
stipulated as irrevocable not having been emancipated by a previous
(5) Succession rights – Party in bad faith shall marriage, are between the ages of eighteen and
be disqualified to inherit from the innocent twenty-one, In addition to the requirements of
spouse, whether testate or intestate the preceding articles:
(1) Exhibit to the local civil registrar the consent
Article 44 (Donations): to their marriage of their father, mother,
If both spouses of the subsequent marriage surviving parent or guardian, or persons
acted in bad faith, all donations by reason of having legal charge of them, in the order
marriage and testamentary dispositions made mentioned
by one party in favor of the other are revoked by (2) Manifested in writing by the interested
operation of law. party, who personally appears before the
proper local civil registrar, or
ACTION OR DEFENSE OF NULLITY (3) In the form of an affidavit made in the
presence of two witnesses and attested
PRESCRIPTION before any official authorized by law to
administer oaths
Art. 39, FC. The action or defense for the (4) The personal manifestation shall be
declaration of absolute nullity of a marriage recorded in both applications for marriage
shall not prescribe. (as amended by RA 8533) license, and the affidavit, if one is executed
instead, shall be attached to said
WHO MAY FILE THE PETITION FOR NULLITY applications. [Art 14, FC]
Only an aggrieved or injured spouse may file a
petition for annulment of voidable marriages or GROUNDS FOR ANNULMENT
declaration of absolute nullity of void marriages. “x x x A defect in any of the essential requisites
Such petition cannot be filed by compulsory or shall render the marriage voidable as provided
intestate heirs of the spouses or by the State. in Article 45.” [Art. 4, FC)
The Committee is of the belief that they do not
have a legal right to file the petition. Art 45, FC. Marriage may be annulled on the
Compulsory or intestate heirs have only inchoate following grounds existing at time of marriage:
rights prior to the death of their predecessor, (1) One of the parties is 18 or above but below
and, hence, can only question the validity of the 21 years old, and there is no parental
marriage of the spouses upon the death of a consent.
spouse in a proceeding for the settlement of the (2) Either party was of unsound mind (insanity).
estate of the deceased spouse filed in the regular (3) The consent of either party was obtained
courts. [Enrico v. Heirs of Sps. Medinaceli (2007), through fraud (different from mistake in
also reiterated in Carlos v. Sandoval (2008)] identity)
(4) The consent of either party was obtained
through force, intimidation, or undue
HOW TO ATTACK A VOID MARRIAGE influence.
General rule: Void marriages may be attacked (5) Either party is physically incapable of
collaterally or directly. consummating the marriage (impotence;
this is different from sterility, which is the
Exception: A person in a void marriage must first inability to produce offspring).
file for a declaration of nullity in order to (6) Either party has a serious and incurable
subsequently marry. sexually-transmissible disease, even if not
concealed.
PAGE 24
Action to Annul  Law presumes sanity, burden of proof on party

Action in rem, concerns status of parties; res is alleging insanity
relation between parties or marriage tie;
jurisdiction depends on nationality or domicile Fraud
not the place of celebration. Only those enumerated in Art. 46:
(1) Non-disclosure of previous conviction by
GROUNDS FOR ANNULMENT EXPLAINED final judgment of a crime involving moral
turpitude
Lack of parental consent (2) Concealment by wife at the time of
 18 ≤ x < 21 without parental consent marriage, that she was pregnant by another
 Ratified by party 18 or above but below 21 man
upon free cohabitation upon reaching 21. (3) Concealment of STD regardless of nature
 Parents whose consents were wanting may existing at time of marriage
ratify before 21; this right can be waived; (4) Concealment of drug addiction, habitual
however, the Code Commission believes that alcoholism, homosexuality, lesbianism
no such ratification can be made by the existing at time of marriage
parent. [Tolentino]
No other misrepresentation or deceit of
In defending the requirement of parental character, health, rank, fortune or chastity shall
consent, the Court held that the State has constitute fraud.
power to make adjustments in the
constitutional rights of minors based on the Conviction of crime: requisites are—
following grounds: 1) the peculiar vulnerability (1) Moral turpitude
of children, 2) to protect minors from immature (2) Conviction
decision making and prevent unstable
marriages, 3) on the presumption that parents Concealment of pregnancy
act in the best interests of their children in child  Fraud against very essence of marriage;
rearing. [Moe v. Dinkins, (1981)] importance of procreation of children; an
assault to the integrity of the union by
Insanity introducing alien blood
 Mental incapacity or insanity is a vice of  If husband knew of pregnancy, the marriage
consent; insanity cannot be annulled on the ground of
(1) of varying degrees concealment
(2) curable being an illness capable of
ratification or convalidation May be ratified upon free cohabitation after
(3) has lucid intervals knowledge of fraud.
(4) ground only for annulment in many
countries Art. 45 STD Art. 46 STD
 Can be ratified by cohabitation after insanity is The STD is a type of
cured or during a lucid interval Ground for annulment fraud which is a
 Mere mental weakness is not a ground for ground for annulment
annulment, but if found grave enough, it may Does not have to be
Must be concealed
amount to psychological incapacity. concealed
 Intoxication, somnambulism where one had Must be serious and Need not be serious
no mental capacity to give consent is incurable nor incurable
equivalent to insanity It is the concealment
The STD itself is the
 Must exist at the time of the celebration of the that gives rise to the
ground for annulment
marriage. Insanity that occurs after the annulment
celebration of marriage does not constitute a
cause for nullity [Katipunan v. Tenorio (1937)]
PAGE 25
Effect of cure to fraud in Art. 46: May be ratified upon cohabitation after force,
Recovery or rehabilitation from STD, drug intimidation, or undue influence has ceased or
addiction, and habitual alcoholism will not bar disappeared.
action for annulment; the defect is not the
disease, but the FRAUD which VITIATED Impotency
CONSENT. Must exist at time of marriage, and be
continuous and incurable. If incapacity can be
W gave birth 3 months after marriage, H filed remedied or is removable by operation, NOT
for annulment: concealment of non-virginity. ANNULLABLE [Sarao v. Guevarra(1940)]
Denied. Court held that it was unbelievable that
husband could not have noticed when wife had Physical condition: sexual intercourse with a
been at least 6 months pregnant prior to person of the opposite sex is impossible, not
marriage. [Buccat v. Mangonon de Buccat, mere sterility
(1941)]
Only the potent spouse can file the action for
The Supreme Court granted annulment annulment and he/she must not have been
because the wife concealed the fact that she aware of the other’s impotency at the time of
was 4 months pregnant during the time of the marriage [Sempio-Diy]
marriage. Since Delizo was “naturally plump,”
Aquino could hardly be expected to know, by If he/she was aware, it is implied that he/she
mere looking, whether or not she was pregnant renounced copulation by consenting to the
at the time of the marriage. [Aquino v. Delizo, marriage. [Tolentino]
(1960)]
When both spouses are impotent, marriage
It is the concealment of homosexuality, and not cannot be annulled because neither spouse is
homosexuality per se, that vitiates the consent aggrieved. [Sempio-Diy]
of the innocent party. Such concealment An impotent plaintiff could not have expected
presupposes bad faith and intent to defraud the copulation with the other spouse. [Tolentino]
other party in giving consent to the marriage.
[Almelor v. RTC, (2008)] Potency presumed; party who alleges impotency
has burden of proof [Jimenez v. Canizares
Force, intimidation, Undue influence (1960)]
FORCE must be one as to prevent party from
acting as a free agent; will destroyed by Refusal of wife to be examined DOES NOT
fear/compulsion PRESUME impotency because Filipino women
are inherently shy & bashful; TC must order
INTIMIDATION must be one as to compel the physical examination because w/o proof of
party by a reasonable/well-grounded fear of an impotency, she is presumed potent; to order her
imminent and grave evil upon his to undergo physical exam does not infringe her
person/properties right against self-incrimination [Jimenez v.
Canizares]
DEGREE OF INTIMIDATION: age, sex, condition Note: If she continues to refuse the physical
of person borne in mind exam, she can be held in contempt & ordered
Threat or intimidation as not to act as FREE confined in jail until she does so
AGENT; i.e. threatened by armed
demonstrations [Tiongco v. Matig-a] Absence of cohabitation is not a ground for
annulment. [Villanueva vs. CA (2006)]
Committee added “undue influence”, may be
compelled to enter out of REVERENTIAL FEAR Relative Impotency may now be invoked
e.g., fear of causing distress to parents, because there are cases where one is impotent
grandparents, etc. with respect to his/her spouse but not with
other men or women.
PAGE 26
 Reason: danger to the health of spouse &

Example: penile erection to other women offspring/s
possible; unusually large penis cannot fit with  Same as incurable impotency
abnormally small vagina  Not subject to ratification  cannot be
ratified or convalidated by cohabitation:
Sexually-transmissible disease serious and (1) Affliction of STD is unknown to the other
incurable spouse [Balane]
 Should exist at the time of the marriage (2) The other spouse must also be free from a
 Should be found serious similar STD. [Balane]
 Should appear to be incurable
WHO MAY FILE, PRESCRIPTION, RATIFICATION
Ground Who can file Prescription Ratification

(Art. 45) (Art. 47) (Art. 47) (Art. 45)
Party 18 or above but below Within 5 years after
Lack of
21 attaining 21. Free cohabitation after
parental
Parent or guardian who did Before party below 21 attaining age of 21.
consent
not give consent reaches 21.
Sane spouse with no
knowledge of the other’s
insanity Any time before the death
of either party Free cohabitation of insane
Insanity Legal guardian of insane party after insane party
party comes to reason
During lucid interval or
Insane party after regaining sanity, and
before death
Free cohabitation after
Injured party (defrauded Within 5 years after
Fraud having full knowledge of
party) discovery of fraud
fraud
Force, Within 5 years after Free cohabitation after the
intimidation, disappearance of force, force or intimidation or
Injured party
undue undue influence, or undue influence has ceased
influence intimidation or disappeared
Within 5 years after Cannot be ratified but
Impotence Potent spouse
marriage action prescribes
Within 5 years after Cannot be ratified but
STD Healthy party
marriage action prescribes
PAGE 27
Marriages Not Subject to Ratification/ EFFECTS OF NULLITY

Convalidation by cohabitation
(1) One spouse is incurably impotent (Art. 47, FC Art. 50(1), FC. The effects provided for by
– prescription: 5 years) paragraphs (2), (3), (4) and (5) of Article 43 and by
(2) One spouse has an incurable STD (Art. 47, FC Article 44 shall also apply in the proper cases to
– prescription: 5 years) marriages which are declared void ab initio or
annulled by final judgment under Articles 40 and
PRESENCE OF PROSECUTOR 45.
Art. 48, FC. To prevent collusion between the Final judgment in such cases shall provide for the:
parties, fabrication or suppression of evidence, the (1) Liquidation, partition, and distribution of the
prosecuting attorney or fiscal shall appear on properties of the spouses
behalf of the State. (2) Custody and support of the common children
(3) Delivery of their presumptive legitimes
In a legal separation or annulment case, the (a) Unless such matters had been
prosecuting attorney must first rule out collusion adjudicated in previous judicial
as a condition sine qua non for further proceedings (Art. 50(2))
proceedings. A certification by the prosecutor (b) All creditors of the spouses/property
that he was present during the hearing and even regime shall be notified of the
cross-examined the plaintiff does not suffice to proceedings for liquidation [Art. 50(2 and
comply with the mandatory requirement. [Corpuz 3), FC]
v. Ochoterena, (2004)]
In the partition, the conjugal dwelling and lot shall
EFFECT OF PENDING be adjudicated to the spouse with whom majority
ACTIONS/DECREE of the common children remain [Arts. 50(4), 102
(1) The court shall provide for the support of the and 129, FC]
spouses,
(2) The custody and support of the common Presumptive legitimes, computed as of the date of
children, giving paramount consideration to the final judgment, shall be delivered in cash,
their moral and material welfare, their choice property or sound securities:
of parent with whom they wish to remain.  Unless the parties, by mutual agreement
(3) The court shall also provide for visitation judicially approved, had already provided for
rights of other parent. [Art. 49, FC] such [Art. 51(1), FC]
 The children/guardian/trustee of property may
DECISIONS ON THE NULLIFICATION OF THE ask for the enforcement of the judgment [Art.
MARRIAGE 51(2), FC]
 The delivery of the presumptive legitimes shall
Art. 48 (2), FC. In the cases referred to in the not prejudice the ultimate successional rights,
preceding paragraph, no judgment shall be based but the value of the properties already received
upon a stipulation of facts or confession of shall be considered as advances on their
judgment. legitime [Art. 51(3), FC]
Stipulation of facts – An admission by both parties General rule: children born or conceived within
after agreeing to the existence of any of the void marriages are illegitimate.
grounds or facts that would constitute a
void/voidable marriage Exceptions:
(1) Children conceived or born before the
Confession of judgment –The admission by one judgment under Article 36 has become final
party admitting his/her fault to cause the and executory [Art. 54, FC]
invalidity of the marriage. (2) Children conceived or born of subsequent
marriages under Article 53 Art. 54, FC]
PAGE 28
JURISDICTION legal separation. [People v. Zapata and Bondoc

For marriages celebrated under both civil and (1951)]
Muslim rites, Shar’ia courts do not have exclusive
jurisdiction. The Judiciary Reorganization Act of For sexual infidelity as a ground for legal
1980 provided that regional trial courts have separation, there is no need for a prior conviction
jurisdiction over all actions involving the contract for concubinage, because legal separation only
of marriage and marital relations. [Tamano v. requires a preponderance of evidence, as opposed
Ortiz, (1998)] to proof beyond reasonable doubt. [Gandioco v.
Peñaranda (1989)]
The death of one party in a legal separation case

Legal Separation abates the action. This is because the death of
either spouse automatically dissolves the
GROUNDS FOR LEGAL marriage. An action for legal separation is also
purely personal between the spouses. [Lapuz Sy v.
SEPARATION Eufemio (1972)].
Note: The grounds for legal separation are
exclusive. [Art. 55, FC] Abandonment is not mere physical estrangement
but also financial and moral desertion. There
These must be filed within 5 years after must be an absolute cessation of marital
occurrence of cause [Art. 57, FC]: relations, duties, and rights with the intention of
(1) Repeated physical violence or grossly abusive perpetual separation. [Dela Cruz. v. Dela Cruz
conduct directed against the petitioner, a (1968)]
common child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel
the petitioner to change religious or political
ACTS OF VIOLENCE ACCORDING TO
affiliation; RA 9262:
(3) Attempt of respondent to corrupt or induce (1) Causing physical harm to the woman or her
the petitioner, a common child, or a child of child;
the petitioner, to engage in prostitution, or (2) Threatening to cause the woman or her child
connivance in such corruption or physical harm;
inducement; (3) Attempting to cause the woman or her child
(4) Final judgment sentencing the respondent to physical harm;
imprisonment of more than six years, even if (4) Placing the woman or her child in fear of
pardoned; imminent physical harm;
(5) Drug addiction or habitual alcoholism of the (5) Attempting to compel or compelling the
respondent; woman or her child to engage in conduct
(6) Lesbianism or homosexuality of the which the woman or her child has the right to
respondent; desist from or desist from conduct which the
(7) Contracting by the respondent of a woman or her child has the right to engage in,
subsequent bigamous marriage, whether in or attempting to restrict or restricting the
the Philippines or abroad; woman's or her child's freedom of movement
(8) Sexual infidelity or perversion; or conduct by force or threat of force, physical
(9) Attempt by the respondent against the life of or other harm or threat of physical or other
the petitioner; or harm, or intimidation directed against the
(10) Abandonment of petitioner by respondent woman or child. This shall include, but not
without justifiable cause for more than one limited to, the following acts committed with
year. the purpose or effect of controlling or
restricting the woman's or her child's
Adultery is not a continuing crime; it is movement or conduct:
consummated at every moment of carnal
knowledge. Thus, every sexual act is a ground for
PAGE 29
(a) Threatening to deprive or actually DEFENSES

depriving the woman or her child of
custody to her/his family;
(b) Depriving or threatening to deprive the
GROUNDS FOR DENYING LEGAL
woman or her children of financial support SEPARATION
legally due her or her family, or (1) Condonation by aggrieved party [Art. 56, FC]
deliberately providing the woman's (2) Consent by aggrieved party to the commission
children insufficient financial support; of the offense [Art. 56, FC]
(c) Depriving or threatening to deprive the (3) Connivance between parties in the
woman or her child of a legal right; commission of the offense [Art. 56, FC]
(d) Preventing the woman in engaging in any (4) Mutual guilt or recrimination between
legitimate profession, occupation, spouses in the commission of any ground for
business or activity or controlling the legal separation [Art. 56, FC]
victim's own money or properties, or solely (5) Collusion between parties to obtain decree of
controlling the conjugal or common legal separation [Art. 56, FC]
money, or properties; (6) Prescription of action for legal separation [Art.
(6) Inflicting or threatening to inflict physical 57, FC: 5 years from occurrence of the cause of
harm on oneself for the purpose of controlling action]
her actions or decisions; (7) Reconciliation of parties during pendency of
(7) Causing or attempting to cause the woman or action [Art. 66 (1), FC]
her child to engage in any sexual activity which (8) Death of either party during pendency of
does not constitute rape, by force or threat of action [Lapuz-Sy vs. Eufemio]
force, physical harm, or through intimidation
directed against the woman or her child or WHEN TO FILE/TRY ACTIONS
her/his immediate family; An action for legal separation shall be filed within
(8) Engaging in purposeful, knowing, or reckless five years from the time of the occurrence of the
conduct, personally or through another, that cause. [Art. 57, FC]
alarms or causes substantial emotional or
psychological distress to the woman or her COOLING-OFF PERIOD AND
child. This shall include, but not be limited to,
the following acts: RECONCILIATION EFFORTS
(a) Stalking or following the woman or her Action cannot be tried before six months have
child in public or private places; elapsed from the filing of the petition [Art. 58, FC]
(b) Peering in the window or lingering outside
the residence of the woman or her child; Actions cannot be tried unless the court has
(c) Entering or remaining in the dwelling or attempted to reconcile the spouses, and
on the property of the woman or her child determined that despite such efforts,
against her/his will; reconciliation is highly improbable [Art. 59, FC]
(d) Destroying the property and personal
belongings or inflicting harm to animals Note: This is without prejudice to judicial
or pets of the woman or her child; and determination of custody of children, alimony, and
(e) Engaging in any form of harassment or support pendente lite.
violence;
(9) Causing mental or emotional anguish, public Courts can still resolve other issues, pending the
ridicule or humiliation to the woman or her waiting period or cooling off period. In resolving
child, including, but not limited to, repeated other issues, courts should try not to touch, as
verbal and emotional abuse, and denial of much as possible, on the main issue (i.e. adultery
financial support or custody of minor children if that is the ground used). However, Court must
of access to the woman's child/children. still receive evidence if just to settle incidental
issues of support and custody. [Araneta vs.
Concepcion, (1956)]
PAGE 30
Note: This provision of the Family Code dictating a shall be forfeited in favor the common
mandatory 6-month cooling-off period does not children, previous children, or innocent
apply in cases where violence, as used in RA 9262 spouse, in that order [Art. 63. cf. Art. 43(2),
(Anti-Violence Against Women and their FC].
Children), is alleged. The case should be heard as (3) Custody of the minor children shall be
soon as possible by the court. awarded to the innocent spouse [Art. 63, cf.
Art 213, FC]
CONFESSION OF JUDGMENT (4) Guilty spouse shall be disqualified from
No decree of legal separation shall be based upon inheriting from innocent spouse by intestate
a stipulation of facts or a confession of judgment succession. The provisions in favor of the
[Art. 60, (1). FC] guilty party in the will of the innocent spouse
shall also be revoked by operation of law. [Art.
Note: Art. 60 par. 1 applies only if the judgment 63, FC]
was based solely on the stipulation of facts or (5) Donations in favor of the guilty spouse may be
solely on the confession of judgment. Thus, if revoked [Art. 64, FC] but this action prescribes
other grounds were used, Art. 60 par. 1 is not after 5 years from the decree of legal
applicable. [Balane] separation.
(6) Innocent spouse may also revoke designation
The prohibition on confession of judgment does of guilty spouse as beneficiary in an insurance
not mean that the Court will not grant petition if policy, even if such stipulations are
one party admits to being guilty of the charges of irrevocable. [Art. 64. FC, cf. PD 612, sec. 11]
adultery. The point of this provision is that the (7) Obligation for mutual support ceases, but the
Court should still admit evidence, not decide just court may order the guilty spouse to support
based on an admission of guilt. Because what is the innocent spouse. [Art. 198, FC]
prohibited is handing down a decree of legal (8) The wife shall continue to use the surname of
separation based solely on a confession of the husband even after the decree for legal
judgment. [Ocampo v Florenciano (1960)] separation. [Laperal v. Republic (1992)]
EFFECTS OF FILING PETITION RECONCILIATION

(1) The spouses are entitled to live separately, but Should the spouses reconcile, they should file a
the marital bond is not severed. [Art. 61 (1), FC] corresponding joint manifestation under oath of
(2) Administration of community or conjugal such reconciliation, duly signed by them and filed
property – If there is no written agreement with the court in the same proceeding for legal
between the parties, the court shall designate separation. [Art. 65, FC]
one of them or a third person to administer
the ACP or CPG. [Art. 61(2), FC] Effects of reconciliation:
(1) Proceedings for legal separation shall be
terminated at whatever stage. [Art. 66, FC]
EFFECTS OF PENDENCY (2) If there is a final decree of legal separation, it
The Court shall provide for: [Art. 62, cf. Art. 49. FC] shall be set aside. [Art. 66, FC]
(1) Support of spouses (3) The separation of property and forfeiture of
(2) Custody of children – the court shall give share of guilty spouse shall subsist, unless the
custody of children to one of them, if there is spouses agree to revive their former property
no written agreement between the spouses. regime or to institute another property
(3) Visitation rights of the other spouse regime. [Art. 66 cf. Art. 67, FC]
(4) Joint custody of children is restored.
EFFECTS OF LEGAL SEPARATION (5) The right to intestate succession by guilty
(1) The spouses can live separately [Art. 63, FC] spouse from innocent spouse is restored.
but the marriage bonds are not severed.  The right to testamentary succession
(2) The ACP or CPG shall be dissolved and depends on the will of the innocent spouse.
liquidated, and the share of the guilty spouse
PAGE 31
ANNEX TO VOID AND VOIDABLE MARRIAGES

AND LEGAL SEPARATION
GROUNDS
Void Marriages Voidable Marriages Legal Separation

(1) One is a minor (1) Repeated physical violence
(2) No authority to marry (2) Pressure to compel to change
(3) No valid marriage religious/political affiliations
(1) Lack of parental
license (3) Corruption / inducement to engage in
consent
(4) Bigamous and prostitution
(2) Insanity
polygamous marriages (4) Final judgment with sentence of more than
(3) Fraud
(5) Mistake of identity 6 yrs.
(4) Force, Intimidation
(6) Void subsequent (5) Drug addiction / habitual alcoholism
or Undue Influence
marriage (6) Homosexuality / lesbianism
(5) Impotence
(7) Psychological (7) Bigamous marriage
(6) Serious and
incapacity (8) Sexual Infidelity
Incurable STD
(8) Incestuous Marriages (9) Attempts against the life of petitioner
(9) Marriages against (10) Abandonment without just cause for more
public policy than 1 year
EFFECTS OF FILING / PENDING DECREE
Void/Voidable Marriages Legal Separation

Support for the spouses
Custody and support for the children
Visitation rights to the other spouse
EFFECTS OF AFFIDAVIT OF REAPPEARANCE, JUDICIAL DECLARATION OF

NULLITY, ANNULMENT AND LEGAL SEPARATION
Void Marriages Terminated Marriage Voidable Legal Separation

[Art. 41, FC] Marriages
Status of Marital ties
Severed Severed Severed Not Severed
Status of Marriage
Void ab initio Subsequent marriage Void Valid
is terminated (not
invalidated)
Status of Children born and conceived before termination
Illegitimate Legitimate Legitimate Legitimate
EXCEPT: Art. 36 and 35
conceived and born before
judgment (legitimate)
Custody of Children
Court Proceeding Court Proceeding Court Proceeding Innocent Spouse
PAGE 32
EFFECTS OF AFFIDAVIT OF REAPPEARANCE, JUDICIAL DECLARATION OF

NULLITY, ANNULMENT AND LEGAL SEPARATION [CONTINUATION]
Void Marriages Terminated Marriage Voidable Legal Separation

[Art. 41, FC] Marriages
Property Relations
(1) Dissolution and Liquidation of properties
(a) Guilty/Bad Faith spouse will forfeit his/her share from the Net Profits to the (in order):
(i) Common children
(ii) Children of the guilty spouse by previous marriage
(iii) The innocent spouse
(2) Notification of creditors with the proceedings for liquidation
(3) Conjugal dwelling to be adjudicated to the spouse who has custody of majority of common children
(4) Insurance policy may be revoked only by the innocent spouse (Legal Separation: Only within 5 years)
(5) Spouse in bad faith/guilty shall be disqualified to inherit from innocent spouse (intestate succession
only in legal separation)
Donation Propter Nuptias
Valid, but if donee contracted marriage in bad faith, revoked by operation of May be revoked within 5
law years
Rights and Obligations If the wife abandons the family domicile (vs
obligation of cohabitation) with justifiable
Between Husband and cause i.e. being forced to perform lewd
sexual acts, the husband’s obligation to
Wife support her is not terminated. The law will
not permit the husband to terminate the
obligation to support his wife by his own
ESSENTIAL OBLIGATIONS wrongful acts in driving the wife to seek
(1) Live together (cohabitation) [Art. 68, FC] protection in her parents’ home. [Goitia v.
Campos Rueda (1916)]
Exception: One spouse living abroad or
there are valid and compelling reasons [Art. A court cannot compel a married woman to
69 (2), FC] – at the discretion of the court. go back to her husband, but the court may
decree that support be terminated. [Arroyo
Exception to exception: Incompatibility with v. Vasquez de Arroyo (1921)]
the solidarity of the family [Art. 69 (2), FC]
(2) Observe mutual love, respect, and fidelity

FAMILY DOMICILE
The husband and wife shall fix the family
domicile. [Art. 69, FC]
(3) Render mutual help and support [Art. 68,
FC]
In case of disagreement, the court shall decide.
A person has a purely personal right to [Art. 69 (1), FC]
consortium (Constitutional right to liberty).
Court cannot order a man to go back to the SUPPORT
conjugal dwelling. (Shows that what is in From the conjugal property; if none, income or
Family Code is not the former spousal unity the fruits of their separate properties; if none,
doctrine (Old England)). [Ilusorio v. Bildner from their separate properties (liable in
(2000)] proportion to their properties).
PAGE 33
MANAGEMENT OF HOUSEHOLD If BEFORE the objection, enforce resulting

This is the right and duty of both spouses. obligation against the separate property of the
spouse who has not obtained consent. [Art.
73,FC]
EFFECT OF NEGLECT OF DUTY
In case the other spouse neglects his or her
duties or commits acts which tend to bring
danger, dishonor or injury to the family, the Property Relations of the
aggrieved party may apply to the court for relief.
[Art. 72, FC] Spouses
Injury contemplated is physical, moral, MARRIAGE SETTLEMENTS
emotional or psychological, not financial.
Art. 75, FC. Future spouses may agree upon, in
EXERCISE OF PROFESSION the marriage settlement, which property regime
Either spouse may exercise any legitimate will govern their marriage (ACP, CPG, complete
profession, without need for consent of the separation of property, other regimes). However,
other. in the absence of a marriage settlement, or
when the regime agreed upon is void, the
The other spouse may only object on valid, system of absolute community of property as
serious, and moral grounds. established by this Code shall govern.
In case of disagreement, the Court shall decide Marriage settlements are considered accessory
whether: to the marriage, therefore as per Art. 81,
(1) The objection is proper, and stipulations in consideration of future marriage
(2) Benefit has accrued to the family before OR and donations will be void if the marriage does
after the objection. not take place.
MARRIAGE SETTLEMENT RULES

General rule: Before marriage is celebrated [Art. 76, FC]
Property regime is dissolved and liquidated [Art. 63(2), FC]
Reconciliation in case of legal separation [Arts. 66 and 67, FC]
When modifications can
When abandoned spouse petitions the court for judicial separation of property
be made
[Art. 128, FC]
Sufficient cause for judicial separation of property [Art. 135, FC]
Voluntary dissolution of ACP or CPG by the spouses [Art. 136, FC]
Made in writing
Signed by the parties
Executed before the marriage celebration
Not to prejudice third persons unless registered in the local civil registry where
Requirements of
the marriage is recorded and in registries of property
marriage settlements
and any modification If executed by a person below 21 y.o., valid only when persons required to give
thereof [Art. 77, FC] consent to the marriage (father, mother, or guardian, respectively) are made
parties to the agreement [Art. 78, FC]
If executed by a person upon whom civil interdiction has been pronounced or
who is subject to any other disability, valid only when his guardian appointed
by a competent court is made party to the agreement [Art. 79, FC]
PAGE 34
DONATIONS BY REASON OF Mateo v. Lagua (1969): Donations propter

nuptias are without onerous consideration,
MARRIAGE marriage being merely the occasion or motive
Solis v. Barroso (1928): In donations propter for the donation, not its cause. Being liberalities,
nuptias, the marriage is really a consideration, they remain subject to reduction for
but not in the sense of giving birth to the inofficiousness upon the donor’s death, if they
obligation. There can be a valid donation even if should infringe the legitime of a forced heir.
the marriage never took place, but the absence
of marriage is a ground for the revocation of the
donation.
Made before the celebration of marriage

Requisites of
Made in consideration of marriage
donations propter
In favor of one or both of the future spouses
nuptias
Donor must be one of the betrothed or any third person
Ordinary wedding gifts given after the celebration of the marriage
Donations in favor of future spouses made before marriage but not in
Donations excluded consideration thereof
Donations made in favor of persons other than the spouses even if founded on the
intended marriage
Spouses to each other
Who may donate Parents of one or both spouses
Third persons to either or both spouses
Family code provisions [Arts. 82-87, FC]
Sources of rules
Ordinary donation provisions [Art. 83; Title III of Book III, NCC]
governing donations
Provisions on testamentary succession and the formalities of wills for donations on
propter nuptias
future property [Art. 84, par. 2, FC]
General rule: Future spouses who agree upon a regime other than ACP cannot
donate to each other more than 1/5 of their present property (excess shall be
considered void). [Art. 84, FC]
Rules for donations Donations of property subject to encumbrances
before marriage (1) Are considered valid.
(2) In case of foreclosure:
(a) if property value < obligation, donee shall not be liable for the deficiency
(b) if property value > obligation, donee shall be entitled to the excess [Art. 85,
FC]
(1) If the marriage is not celebrated or judicially declared void ab initio, except
donations made in marriage settlements.
(2) When the marriage takes place without the consent of the parents or
guardians, as required by law.
(3) When the marriage is annulled, and the donee acted in bad faith.
Grounds for (4) Upon legal separation, if the donee is the guilty spouse.
revocation of (5) If there is a resolutory condition, and it is not complied with.
donation propter (6) When donee has committed an act of ingratitude: [Art. 765, CC]
nuptias [Art. 86, FC] (a) An offense against person or property of donor, or his wife or children
under parental authority.
(b) An imputation to the donor of any criminal offense, or any act involving
moral turpitude, even if proven, unless the crime is committed against the
donee, his wife or children under his authority.
(c) Refusing to support the donor, if he/she is legally required to do so.
PAGE 35
Donations by reason of marriage shall remain valid except that if the donee
contracted marriage in bad faith, such donations made to said donee are revoked
by operation of law. [Art. 43 (3), FC]
Revocation by operation of law – Thus, even if spouse in good faith condones the
Effects of judicial
donee, the donation propter nuptias is still forfeited.
declaration of nullity
Effects provided for by Art. 43(2), (3), (4), and (5) and by Art. 44 shall also apply to
marriages that are declared void ab initio or annulled by final judgment under
Article 40 (Judicial declaration of nullity) and 45 (Voidable marriages). [Art. 50,
FC]
General rule: Spouses cannot donate to each other, directly or indirectly;
donations made by spouses to each other during the marriage are void. [Art. 87,
FC]
These donations refer to donations inter vivos [Tolentino]
Exception: Moderate gifts on the occasion of any family rejoicing.
The prohibition on donations can only be assailed by persons who bear such
Rules for donations relation to the parties or the property itself, that their rights are being interfered
during marriage with. Here, the insurance company of the donated car cannot assail the validity of
the donation. In addition, the codal exception of “moderate gifts” depends on the
income class of the spouses and a car could be considered a “moderate gift” that
does not infringe the prohibition of donation between spouses. [Harding v.
Commercial Union, (1918)]
A spouse cannot donate to persons which the other spouse may inherit from as it
constitutes an indirect donation. [Nazareno v. Birog, (1947)]
The donation between common-law spouses falls within the provision prohibiting
Rules for donations donations between spouses during marriage. [Matabuena v Cervantes, (1971)]
between common- The donation made by a man to a woman was held valid because no proof was
law spouses shown that they were still living in a common-law relationship at the time of the
donation. [Sumbad v. CA, (1999)]
DISTINGUISHED FROM ORDINARY DONATIONS

Donations propter nuptias Ordinary donations
Does not require express acceptance Express acceptance necessary
May be made by minors [Art. 78, FC] Cannot be made by minors
May include future property Cannot include future property
If present property is donated and property is not No limit to donation of present property provided
absolute community, limited to 1/5 [Art. 84, FC] legitimes are not impaired
Grounds for revocation – in Art. 86 Grounds for revocation – in donation laws
Please Specify.
PAGE 36
ABSOLUTE COMMUNITY OF
PROPERTY AND CONJUGAL
PARTNERSHIP OF GAINS
Art. 80, FC. In absence of a contrary stipulation in
a marriage settlement, property relations between
Filipino spouses are governed by Philippine laws,
regardless of the place of marriage and their
residence.
General rule: By the Nationality Rule [Art. 15, FC],

the rule that Absolute Community Property (ACP)
is the default mode of property relations absent
any marriage settlement applies to all Filipinos,
regardless of the place of the marriage and their
residence.
Exceptions:
(1) Where both spouses are aliens
(2) As to the extrinsic validity of contracts
affecting property not situated in the
Philippines and executed in the country where
the property is located
(3) As to the extrinsic validity of contracts entered
into in the Philippines but affecting property
situated in a foreign country whose laws
require different formalities for its extrinsic
validity
Art. 81, FC. Everything stipulated in marriage

settlements in consideration of a future marriage
are void if marriage does not take place. However,
stipulations that do not depend upon the
celebration of marriage (e.g. recognition of
paternity of illegitimate child) remain valid.
Art. 89, FC. Waiver of rights, interests, shares and

effects of the absolute community of property is
allowed, except in the following cases:
(1) When there is judicial separation of property
(2) When the marriage is dissolved by death of
one of the spouses
(3) When the marriage is annulled
Regarding Art. 89: The creditors of the spouse

who made such waiver may petition the court to
rescind the waiver to the extent of the amount
sufficient to cover the amount of their credits.
Art. 90, FC. Co-ownership rules shall apply to ACP
in matters not provided by the Family Code.
PAGE 37
COMPARISON OF ACP AND CPG

ABSOLUTE COMMUNITY PROPERTY CONJUGAL PARTNERSHIP OF GAINS
Default property regime for marriages
celebrated before the Family Code took effect
When it At the precise moment of the celebration of the (August 3, 1988)
commences marriage [Art. 88, FC] For marriages after the Family Code, if agreed
to by the parties through a marriage
settlement.
Proceeds, products, fruits, and income of their
All the property owned by the spouses at the time
separate properties
of the celebration of the marriage or acquired
Everything acquired by them within marriage
thereafter [Art. 91, FC]
through their own efforts
Under the ACP, spouses cannot exclude specific
Everything acquired by them by chance
properties from the regime.
Specific properties [Art. 117, FC]
(1) Acquired by onerous title during the
marriage at the expense of the common
fund;
(2) Acquired through the labor, industry, work,
or profession of either or both spouses
(3) Fruits from common property and net
fruits of the exclusive property of each
spouse
(4) Share of either spouse in hidden treasure,
whether as finder or owner of property
where treasure was found
(5) Acquired through occupation such as
What it
fishing or hunting
consists of
(6) Livestock existing at dissolution of
partnership in excess of what is brought
Winnings from gambling shall accrue to the by either spouse to the marriage
community property [Art. 95, FC] (7) Acquired by chance, such as winnings
from gambling or betting
Moral damages arising from a contract paid
from the CPG [Zulueta v. Pan Am (1973)]
Loans contracted during the marriage are
conjugal, and so is any property acquired
therefrom [Mendoza v. Reyes (1983)]
Property purchased by installment, paid partly
with conjugal funds and partly with exclusive
funds, if full ownership was vested during the
marriage; the CPG shall reimburse the owner-
spouse [Art. 118, FC]
If a winning ticket is bought by conjugal funds,
the prize is conjugal (otherwise, the prize is
exclusive property of the spouse who owns the
ticket)
PAGE 38

Improvement on exclusive property: if original
value < new value, where
𝑛𝑒𝑤 𝑣𝑎𝑙𝑢𝑒 = 𝑣𝑎𝑙𝑢𝑒 𝑜𝑓 𝑙𝑎𝑛𝑑
+ 𝑣𝑎𝑙𝑢𝑒 𝑜𝑓 𝑖𝑚𝑝𝑟𝑜𝑣𝑒𝑚𝑒𝑛𝑡𝑠
+ 𝑛𝑒𝑡 𝑐ℎ𝑎𝑛𝑔𝑒 𝑖𝑛 𝑣𝑎𝑙𝑢𝑒
then land becomes conjugal property, subject
to the reimbursement of the value of the
property of the owner-spouse at the
What it
dissolution of the CPG
consists of
(continued) Property belonging to one spouse converted
into another kind totally different in nature
from its original form during marriage
becomes conjugal in the absence of proof that
the expenses of the conversion were
exclusively for the account of the original
owner-spouse, subject to reimbursement of
the value of the original property from the
conjugal partnership
Properties acquired before the marriage, for those
Property brought into the marriage by each
with legitimate descendants with a former marriage
spouse as his/her own
(to protect rights of children by a former marriage)
General rule: Properties acquired during the
marriage by a gratuitous title, i.e. donation,
inheritance by testate and intestate succession,
including the fruits of such properties Property acquired by either spouse during the
marriage by gratuitous title
Exception: When expressly provided by the donor
or testator that the property shall form part of the
ACP
Property acquired by right of redemption, by
barter, or by exchange with property
What
belonging to either spouse
remains
exclusive
Plata purchased property when she was
property
single. When married, she and her husband
Bergosa co-signed a mortgage on the
property. Upon foreclosure, Bergosa was sued
General rule: Properties for personal use
for illegal detainer. A writ of execution on the
property was carried out but Plata refused to
Exception: Jewelry
leave the premises. SC ruled that Plata
cannot be held in contempt. Property is not
conjugal. Her husband signing as co-
mortgagor does not convert it to CPG. She
could ignore execution because the decision
was for her husband alone. [Plata v. Yatco]
Property purchased with exclusive money of
either spouse
PAGE 39

Property purchased by installment, paid partly
with conjugal funds and partly with exclusive
funds, if full ownership was vested before the
marriage [Art. 118, FC]
Even if the installment is completed after the

marriage, the property is exclusive if
ownership was vested in one spouse before
the marriage [Lorenzo v. Nicolas (1952)]
Improvement on exclusive property: if original
value > new value where
𝑛𝑒𝑤 𝑣𝑎𝑙𝑢𝑒 = 𝑣𝑎𝑙𝑢𝑒 𝑜𝑓 𝑙𝑎𝑛𝑑
+ 𝑣𝑎𝑙𝑢𝑒 𝑜𝑓 𝑖𝑚𝑝𝑟𝑜𝑣𝑒𝑚𝑒𝑛𝑡𝑠
+ 𝑛𝑒𝑡 𝑐ℎ𝑎𝑛𝑔𝑒 𝑖𝑛 𝑣𝑎𝑙𝑢𝑒
then land remains exclusive property of the
owner-spouse, subject to the reimbursement
What of the cost of improvement
remains
exclusive Money received under the Social Security Act
property is not conjugal, although the employee-
(continued) spouse contributes to the SS with his salaries,
but belongs to the designated beneficiary
1. under the Social Security Law. SSA governs,
not FC.
Intellectual property, like copyright or patent,
should, according to Tolentino, be considered
separate property
Business property (e.g. trademarks, trade
names, service marks, business goodwill) are
merely accessories to some commercial
establishment or product, so that if such
establishment or product is separate property
of one spouse, then all the business property
is separate property; but all benefits or
earnings derived from these during the
marriage should belong to the conjugal
property [Tolentino]
Collection of credits belonging to one spouse
exclusively but the interests shall belong to
the CPG [Art. 119, FC]
Proceeds from sale of separate property of a
spouse
Indemnity paid in case of expropriation of
separate property or under an insurance policy
covering separate property
All property acquired during the marriage,
whether made, contracted, or registered in the
name of one spouse, are presumed conjugal
All properties acquired during the marriage form
unless the contrary is prove. [Art 116, FC]
Presumption part of the ACP, unless it be proven that they are
excluded. [Art. 93, FC]
The party who invokes the presumption must
first prove that the property was acquired
during the marriage [Acabal v. Acabal (2005)]
PAGE 40

Art. 94, FC Arts. 121-123, FC
(1) Support of the following:
(a) Spouses;
(1) Support of the following:
(b) Common children;
(a) Spouses;
(c) Legitimate children of previous
(b) Common children;
marriage;
(c) Legitimate children of previous
(d) Illegitimate children – follow the
marriage;
provisions on Support; Partnership
(d) Illegitimate children – follow the
assets liable in case responsibilities
provisions on Support; ACP liable in case
under Art. 121 have been covered and
of absence or insufficiency of the
there is absence or insufficiency of the
exclusive property of the debtor-spouse
exclusive property of the debtor-
but the payment shall be considered as
spouse but the payment shall be
advance to the share of the debtor-
considered as advance to the share of
spouse.
the debtor-spouse.
(2) Expenses to enable either spouse to
(2) Expenses to enable either spouse to
commence/ complete a
commence/complete a
professional/vocational course or activity for
professional/vocational course or activity
self-improvement;
for self-improvement;
(3) Value donated or promised by both spouses
(3) Value donated or promised by both
in favor of common legitimate children for
spouses in favor of common legitimate
the exclusive purpose of commencing/
children for the exclusive purpose of
completing a professional/vocational course
commencing/completing a
or activity for self-improvement
professional/vocational course or activity
for self-improvement
Debts and obligations:
(1) Contracted during the marriage by
Charges and Debts and obligations: administrator-spouse for the benefit of
obligations (1) Contracted during the marriage by the CPG;
administrator-spouse for the benefit of the (2) Contracted during the marriage by both
community; spouses;
(2) Contracted during the marriage by both (3) Contracted during the marriage by one
spouses; spouse with the consent of the other;
(3) Contracted during the marriage by one (4) Contracted by either spouse without the
spouse with the consent of the other; consent of the other to the extent that the
(4) Contracted by either spouse without the family may have been benefitted;
consent of the other to the extent that the (5) Contracted before marriage by either
family may have been benefitted; spouse insofar as they redounded to the
(5) Contracted before marriage by either spouse benefit of the family;
insofar as they redounded to the benefit of (6) Contracted before marriage by either
the family; spouse which have not redounded to the
(6) Contracted before marriage by either spouse benefit of the family when the
which have not redounded to the benefit of responsibilities under Art. 121 should have
the family in case of absence or insufficiency been covered and there is absence or
of the exclusive property of the debtor- insufficiency of the exclusive property of
spouse but the payment shall be considered the debtor-spouse but the payment shall
as an advance to the share of the debtor- be considered as an advance to the share
spouse. of debtor-spouse;
(7) Incurred by either spouse by reason of a (7) Incurred by either spouse by reason of a
crime or quasi-delict in case of absence or crime or quasi-delict when the
insufficiency of the exclusive property of the responsibilities under Art. 121 should have
debtor-spouse but the payment shall be been covered and there is absence or
considered as an advance to the share of the insufficiency of the exclusive property of
debtor-spouse. the debtor-spouse but the payment shall
be considered as an advance to the share
of the debtor-spouse.
PAGE 41

Taxes and expenses:
Taxes and expenses:
(1) Taxes, liens, charges and expenses,
(1) Taxes, liens, charges and expenses, including
including major and minor repairs, upon
major and minor repairs, upon the
the conjugal partnership property;
community property;
(2) Taxes and expenses for mere preservation
(2) Taxes and liens for mere preservation made
during the marriage upon the separate
during the marriage upon the separate
property of either spouse;
property of either spouse used by the family;
(3) Expenses of litigation between the
(3) Expenses of litigation between the spouses
spouses unless the suit is found to be
unless the suit is found to be groundless.
groundless.
If community property is insufficient, the spouses If conjugal partnership property is insufficient,
are solidarily liable for the unpaid balance from the spouses are solidarily liable for the unpaid
their separate properties except for: balance from their separate properties except
(1) Debts contracted by either spouse before for:
marriage which have not redounded to the (1) Debts contracted by either spouse before
benefit of the family; marriage which have not redounded to
(2) Support of illegitimate children; and the benefit of the family;
(3) Liabilities incurred by either spouse arising (2) Support of illegitimate children; and
Charges from crime or quasi-delict. (3) Liabilities incurred by either spouse arising
from crime or quasi-delict.
and
Obligations Gambling losses of any kind (i.e. legal or illegal) Gambling losses of any kind (i.e. legal or
(continued) shall be borne by the losing spouse’s separate illegal) shall be borne by the losing spouse’s
property [Art. 95, FC] separate property [Art. 123, FC]
Loan contracts signed by both spouses are

conjugal, and they are jointly liable for
payment, even if only one spouse signs a
subsequent promissory note. [DBP v. Adil
(1988)]
The Supreme Court ruled that the indirect
benefits that might accrue to a husband in
signing as a surety or guarantee in an
agreement not in favor of the family but in
favor of his employer corporation are not
benefits that can be considered as giving a
direct advantage accruing to the family.
Hence, the creditors cannot go against the
conjugal partnership property in satisfying the
obligation subject of the surety agreement. A
contrary view would put in peril the conjugal
partnership by allowing it to be given
gratuitously as in cases of donation of
conjugal partnership property, which is
prohibited. [Ayala Investment v. Ching (1998)]
PAGE 42

Administration of property belongs to both
spouses, jointly. In case of disagreement, the
husband’s decision shall prevail, subject to
recourse by the wife for proper remedy, which
must be availed of within 5 years from the
date of the contract implementing such
decision. [Art. 124, par(1)]
Sale by the husband of property belonging to
the conjugal partnership without the consent
of the wife, when there is no showing that the
latter is incapacitated, is void ab initio. [Abalos
v. Macatangay (2004)]
General rule: Administration of property Art. 124 contemplates a situation where one
belongs to both spouses, jointly. If they spouse is absent, or separated in fact or has
disagree, the husband’s decision prevails. abandoned the other or consent is withheld or
However, the wife has 5 years to seek recourse cannot be obtained. Such rules do not apply
from the court. Otherwise, it is presumed she to cases where the non-consenting spouse is
agreed to his decision. [Art. 96, FC] incapacitated or incompetent to give consent
i.e. in coma. The proper remedy is to file for
Ownership, Exception: When the other spouse is guardianship under the ROC. Even assuming
administration, incapacitated, or unable to participate in the that the rules on summary proceedings apply,
enjoyment, and administration, e.g. when abroad. Capacitated the power of the administrator is the same as
disposition spouse may assume sole powers of a guardian. So a spouse who desires to sell
administration. However, power is limited to conjugal property as administrator must still
administration. observe the procedure for the sale of the
ward’s estate required of judicial guardians
under ROC not the summary judicial
proceedings under FC. [Uy v. CA (2000)]
Spouses are not co-owners of CPG during the
marriage and cannot alienate the supposed ½
interest of each in the said properties. The
interest of the spouses in the CPG is only
inchoate or a mere expectancy and does not
ripen into title until it appears after the
dissolution and liquidation of the partnership
that there are net assets. [De Ansaldo v. Sheriff
of Manila (1937)]
Disposition or encumbrance of conjugal
Either spouse may, through a will, dispose of his
property requires the following:
or her interest in the community property. [Art.
(1) Consent or approval by both spouses, or
97, FC] However, the will should refer only to his
(2) Judicial authority secured in court
or her share in the community property.
[Art. 124, (2) FC]
PAGE 43

General rule: Donation of one spouse without
the consent of the other is not allowed. [Art. 98,
FC]
Exceptions:
(1) Moderate donations to charity due to
family rejoicing or distress
Donation of CPG must be with the consent of
(2) Moderate gifts by each spouse to the other
the other spouse except moderate donations
due to family rejoicing
for charity, on occasions of family rejoicing, or
Moderation depends on the family’s socio-
Ownership, family distress [Art. 125; cf. Art. 98, FC]
economic status.
administration,
2.
enjoyment, and ACP allows donations in excess of one-fifth of
disposition present property of future spouses because the
(continued) donation would form part of the community
property once the marriage is celebrated. [Art.
84]
Mere awareness of a transaction is NOT consent. [Jader-Manalo v. Camaisa(2002)]
In the absence of (court) authority or written consent of the other spouse, any disposition or
encumbrance of the conjugal property shall be void. [Homeowner’s Savings & Loan Bank v.
Dallo(2005)]
If however, one of the spouses is an alien, the Filipino spouse may encumber or dispose of the
property w/o the consent of the former. The property is presumed to be owned exclusively by the
Filipino spouse. [Cheeseman v. IAC (1991)]
Terminates upon [Art. 99, FC]:
(1) Death of either spouse – follow rules in Art.
Terminates upon [Art. 126; cf. Art. 99]:
103
(1) Death
(2) Legal separation – follow rules in Arts. 63
(2) Legal separation
Dissolution of and 64
(3) Annulment or judicial declaration of
the regime (3) Annulment or judicial declaration of nullity
nullity
– follow rules in Arts. 50 and 52
(4) Judicial separation of property
(4) Judicial separation of property during
marriage – follow rules in Arts. 134 to 138
PAGE 44

Rules on de facto separation [Art. 127]
Rules on de facto separation [Art. 100]
De facto separation does not affect the CPG,
De facto separation does not affect the ACP,
except that:
except that:
1. Spouse who leaves the conjugal home
1. Spouse who leaves the conjugal home
without just cause shall not be entitled to
without just cause shall not be entitled to
support; however, he/she is still required
support; however, he/she is still required to
to support the other spouse and the family
support the other spouse and the family
2. If consent is necessary for transaction but is
2. If consent is necessary for transaction but is
withheld or otherwise unobtainable,
withheld or otherwise unobtainable,
authorization may be obtained from the
authorization may be obtained from the
court
court
Effect of de 3. Support for family will be taken from the
3. Support for family will be taken from the
facto partnership property.
ACP
separation 4. If partnership property is insufficient,
4. If ACP is insufficient, spouses shall be
spouses shall be solidarily liable
solidarily liable
5. If it is necessary to administer or encumber
5. If it is necessary to administer or encumber
separate property of spouse who left,
separate property of spouse who left,
spouse present may ask for judicial
spouse present may ask for judicial
authority to do this
authority to do this
6. If partnership property is not enough and
6. If ACP is not enough and one spouse has no
one spouse has no separate property,
separate property, spouse who has property
spouse who has property is liable for
is liable for support, according to provisions
support, according to provisions on
on support.
support.
Abandonment [Art. 128, FC]
Present/aggrieved spouse may petition the
court for:
Abandonment [Art. 101, FC] (1) Receivership
Present/aggrieved spouse may petition the (2) Judicial separation of property
court for: (3) Authority to be the sole administrator of
(1) Receivership the partnership property, subject to
(2) Judicial separation of property precautionary conditions that the court
(3) Authority to be the sole administrator of may impose
the absolute community, subject to
precautionary conditions that the court A spouse is deemed to have abandoned the
may impose other when he or she has left the conjugal
Rules on dwelling without any intention of returning.
Abandonment A spouse is deemed to have abandoned the
other when he or she has left the conjugal Spouse is prima facie considered to have
dwelling without any intention of returning. abandoned the other spouse and the family if
he or she has:
Spouse is prima facie considered to have (1) Left for a period of 3 months
abandoned the other spouse and the family if (2) Failed to inform the other spouse of his or
he or she has: her whereabouts for a period of 3 months
(1) Left for a period of 3 months Physical separation of the spouses, coupled
(2) Failed to inform the other spouse of his or with the husband’s refusal to give support to
her whereabouts for a period of 3 months the wife, sufficed to constitute abandonment
as a ground for an action for the judicial
separation of their conjugal property.
[Partosa-Jo v. CA (1992)]
PAGE 45

Procedure [Art. 129, FC]
(1) Prepare an inventory of all properties
(2) Amounts advanced by CPG in payment of
Procedure [Art. 102, FC]
personal debts and obligations shall be
(1) Inventory of assets of ACP and of spouses,
credited to the CPG
with market values
(3) Reimburse each spouse for the use of
(2) Obligations are paid with community
his/her exclusive funds in the acquisition
property, and separate obligations not
of property or for the value of his or her
charged to ACP paid by respective assets
exclusive property, the ownership of which
of spouses
has been vested by law in the conjugal
partnership
If obligations exceed the assets of the ACP,
(4) Debts and obligations of CPG shall be
nothing is divided. Creditors can go after
paid out of the conjugal assets, otherwise
the separate properties of the spouses,
both spouses are solidarily liable with
which are solidarily liable for the deficiency
their exclusive property
(5) Remains of the exclusive properties shall
(3) Delivery of whatever remains in their
be delivered to respective owner-spouses
exclusive property
(6) Indemnify loss/deterioration of movables
(4) Balance, or net remainder is divided
belonging to either spouse, even due to
equally between the spouses, irrespective
fortuitous event, used for the benefit of
of how much each brought into the
the family
community
(7) Net remainder of CPG shall constitute the
(5) If personal obligations of a spouse exceed
profits which shall be divided equally
his/her separate property, creditor can go
between husband and wife except when:
after the share of the spouse on the net
(a) A different proportion or division was
remainder of the ACP, without prejudice to
Liquidation of agreed upon in the marriage
the provisions of law on forfeitures and
assets and settlements
delivery of presumptive legitimes
liabilities (b) There has been a voluntary waiver or
(6) After covering all community obligations
forfeiture of such share as provided in
and obligations of spouses, balance of
the FC
separate properties shall be delivered to
(8) Presumptive legitimes are delivered to
respective spouses or their heirs, and they
common children
will also divide into two equal shares
(9) Conjugal dwelling goes to:
whatever is left of the community assets,
(a) Spouse with whom majority of
without prejudice to the provisions of law
common children choose to remain
on forfeitures and delivery of presumptive
(below 7 y.o. = deemed to have
legitimes
chosen the mother)
(b) Whoever the court chooses in case of
lack of majority
Rules in case of termination of marriage by death of one of the spouses [Art. 104, FC]:
(1) The community property shall be liquidated in the same proceeding for the settlement of the
estate of the deceased spouse.
(2) If no such judicial settlement proceeding is instituted, surviving spouse shall liquidate the
community property either judicially or extra-judicially within one year from the death of the
deceased spouse.
(a) If no liquidation is made within the period, any disposition or encumbrance involving
community property of the terminated marriage shall be void.
(b) Non-compliance with liquidation procedures would mean that a subsequently contracted
marriage will follow a regime of complete separation of property.
Procedure for liquidation of properties of two marriages [Art. 104, FC]:
(1) Determine the capital, fruits, and income of each community upon such proof as may be
considered according to the rules of evidence.
(2) In case of doubt as to which community the existing properties belong, they shall be divided
between two communities in proportion to the capital and duration of each.
PAGE 46
SEPARATION OF PROPERTY OF
THE SPOUSES AND
ADMINISTRATION OF COMMON
PROPERTY BY ONE SPOUSE
DURING THE MARRIAGE
Art. 134, FC. In the absence of an express
declaration in the marriage settlements, the
separation of property between spouses during
the marriage shall not take place except by
judicial order. Such judicial separation of property
may either be voluntary or for sufficient cause
Judicial separation of property may either be:

(1) voluntary or
(2) for sufficient cause
SUFFICIENT CAUSES AND GROUNDS FOR RETURN TO PREVIOUS REGIME
Sufficient Causes for Judicial Separation of Property Grounds for Return to Previous Regime
[Art. 135, FC] [Art. 141, FC]
(1) Spouse of petitioner has been sentenced to a
penalty which carries with it the penalty of (1) Termination of the civil interdiction
civil interdiction
(2) Spouse of petitioner is judicially declared an
(2) Reappearance of absentee spouse
absentee
(3) Loss of parental authority of the spouse of (3) Restoration of parental authority to the spouse
petitioner has been decreed by the court previously deprived of it
(4) Spouse of petitioner has abandoned the (4) When the spouse who left the conjugal home
latter or failed to comply with his or her without legal separation resumes common life
obligations to the family with the other
(5) When the court, being satisfied that the spouse
(5) The spouse granted the power of
granted the power of administration in will not
administration in the marriage settlements
again abuse that power, authorizes the
has abused that power
resumption of said administration
(6) At the time of the petition, the spouses have (6) Reconciliation and resumption of common life
been separated in fact for at least 1 year and of the spouses who had been separated in fact
reconciliation is highly improbable. for at least 1 year
(7) When after voluntary dissolution of the ACP or
CPG has been judicially decreed upon the joint
petition of the spouses, they agree to the
revival of the former property regime. No
voluntary separation of property may thereafter
be granted.
PAGE 47
SEPARATION OF PROPERTY
Agreed upon in the marriage settlements by the spouses
Mandatory under Arts. 103 & 130 (subsequent marriages contracted by a surviving
When it
spouse without judicial settlement of previous property regime)
applies
Default property regime when there is reconciliation between spouses after judicial
separation of property
Present or future property or both
Each spouse’s earnings from his or her own profession, business, or industry
What it Natural, industrial or civil fruits of spouse’s separate properties
consists of May be total or partial
If partial, property not considered separate is presumed to pertain to the ACP

Family expenses: Both spouses are liable in proportion to their income; if insufficient,
Liabilities based on the current value of their separate properties
Creditors for family expenses: Spouses solidarily liable
Spouses may own, dispose, possess, and administer separate estates without the
consent of the other
Ownership,
Administration of exclusive properties may be transferred between spouses when:
administration,
(1) One spouse becomes the other spouse’s guardian
enjoyment,
(2) One spouse is judicially declared an absentee
and
(3) One spouse is given the penalty of civil interdiction
disposition
(4) One spouse becomes a fugitive
Conveyance between the spouses is allowed under Art. 1490, NCC.
A voluntary separation of properties is not

perfected by mere consent but upon the decree of
the court approving the same. The petition for
voluntary separation of property was denied
because the children of the 1st and 2nd marriages
were not informed; the separation of property may
prejudice the rights and shares of the children. [In
Re: voluntary dissolution of CPG of Sps. Bernas
(1965)]
A compromise agreement with judicial

recognition is valid, pending petition for
declaration of nullity of marriage. [Maquilan v.
Maquilan (2007)]
PAGE 48
PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE

[Arts. 147-148, FC]
Art. 147 Art. 148

Applicability
Man and woman living together as husband and
wife, with capacity to marry [Art. 5, FC] without any Man and woman living together as husband and
legal impediment) wife, NOT capacitated to marry
(1) at least 18 years old (1) Under 18 years old
(2) not Art. 37 (incestuous void marriage) (2) Adulterous relationship
(3) not Art. 38 (void marriage by reason of public (3) Bigamous /polygamous marriage
policy) (4) Incestuous marriages under Art. 37
(4) not bigamous (5) Void marriages by reason of public policy under
Other void marriages due to absence of formal Art. 38
requisite
Salaries and wages
Owned in equal shares Separately owned by parties
Properties acquired through exclusive funds
Remains exclusive
Remains exclusive, provided there is proof
Properties acquired by both through work and industry

Owned in common in proportion to respective
Governed by rules on co-ownership
contribution
Properties acquired while living together
Owned in equal shares since it is presumed to have
been acquired through joint efforts No presumption of joint acquisition. When there is
evidence of joint acquisition but none as to the
If one party did not participate in acquisition, extent of actual contribution, there is a
presumed to have contributed through care and presumption of equal sharing.
maintenance of family and household
Forfeiture
If one party is validly married to another his/her
share in the co-owned properties will accrue to the
(1) In favor of their common children
ACP/CPG of his/her existing valid marriage
(2) In case of default of or waiver by any or all of
the common children or their descendants,
If the party who acted in bad faith is not validly
each vacant share shall belong to the
married to another, his/her share shall be forfeited
respective surviving descendants
in the same manner as that provided in Art 147.
(3) In the absence of such descendants, such
share belongs to the innocent party
The same rules on forfeiture shall apply if both
parties are in bad faith.
Application of Article 148; there was no proof of actual contribution, while there was a subsisting
marriage apart from the union without marriage, therefore, the N. Forbes house goes to the CPG of
subsisting marriage. [Yaptinchay v. Torres (1969)]
Transfer of certificate and tax declarations are not sufficient proof of joint contribution. [Villanueva v. CA
(2004)]
Marriages that have been declared void come under the rules of co-ownership under FC147/148
regardless of the reason. [Valdez v. QC-RTC (1996)]
PAGE 49
The Family Exceptions to the general rule – cannot be

subject of compromise [Art 2035, CC]
(1) Civil status of persons,
Art. 149, FC. The family, being the foundation of (2) Validity of marriage or a legal separation,
the nation, is a basic social institution which (3) Any ground for legal separation,
public policy cherishes and protects. (4) Future support (as it is presumed to be
Consequently, family relations are governed by needed for the survival of the one receiving
law and no custom, practice or agreement support),
destructive of the family shall be recognized or (5) Jurisdiction of courts,
given effect. (6) Future legitime
THE FAMILY AS AN Whenever a stranger is a party in a case

involving family members, the requisite showing
INSTITUTION of earnest efforts to compromise is no longer
ASPECTS OF FAMILY RELATIONS mandatory, as such inclusion of a stranger takes
(1) External Aspect the case out of the ambit of Art. 151. [Hontiveros
(a) Governed by law [Art. 149, FC] v. RTC (1999)]
(b) Only in this aspect can third persons
and the public interest be concerned
(2) Internal Aspect
THE FAMILY HOME
(a) Sacred to the family and inaccessible to
law because law must respect the CONSTITUTED
freedom of action of man (1) Jointly by the husband and the wife
(b) e.g. spiritual relations, sexual relations (2) By an unmarried head of a family;
of spouses, profession and career of
spouses, practices and customs of INCLUDES
family (1) Dwelling house where they and their family
reside
FAMILY RELATIONS INCLUDE: (2) The land on which it is situated [Art. 152, FC]
(1) Between husband and wife
(2) Between parents and children Art. 157, FC. The actual value of the family home
(3) Among other ascendants and descendants shall not exceed, at the time of the constitution,
(4) Among brothers and sisters, full or half the amount of Three hundred thousand pesos
blood (P300,000.00) in urban areas, and Two
hundred thousand pesos (P200,000.00) in
General rule [Art. 151, FC]: No suit between rural areas or such amounts as may hereafter be
members of the same family shall prosper. fixed by law.
Exception: If it should appear in a verified A person may constitute and be the beneficiary
complaint or petition that: of only one family home [Art. 161, FC]
(1) Earnest efforts towards a compromise have
been made; The provisions of the Chapter on Family Home
(2) Such efforts have failed; and shall govern existing family residences insofar
(3) Such earnest efforts and the fact of failure as said provisions are applicable [Art. 162, FC]
must be alleged.
GUIDELINES
Note: The case will be dismissed if it is shown (1) It is deemed constituted from time of actual
that no such efforts were made. occupation as a family residence
(2) It must be owned by person constituting it
The rule shall not apply to cases which may not (3 It must be permanent
be the subject of compromise.
PAGE 50
(4) Rule applies to valid and voidable and even REQUIREMENTS FOR THE SALE,
to common-law marriages under Arts.147 ALIENATION, DONATION,
and 148
(5) It continues despite death of one or more
ASSIGNMENT, OR ENCUMBRANCE
spouses or unmarried head of family for 10 OF THE FAMILY HOME
years or as long as there is a minor (1) The written consent of the person
beneficiary [Art.159, FC] constituting it,
(2) That of the spouse of the person
RULES ON EXEMPTION OF FAMILY constituting it, and
(3) That of majority of the beneficiaries of legal
HOME age. [Art. 158, FC]
General rule: The family home is exempt from
the following from the time of its constitution If there is a conflict, the Court will decide.
and so long as any of its beneficiaries actually
resides therein [Art. 153, FC]:
(1) Execution
IN CASE OF DEATH OF ONE OR BOTH
(2) Forced sale SPOUSES OR THE UNMARRIED
(3) Attachment HEAD OF THE FAMILY
The family home shall continue despite the
Exceptions [Art. 155, FC]: death of one or both spouses or of the
(1) Nonpayment of taxes. unmarried head of the family for a period of 10
(2) Debts incurred prior to the constitution of years, or for as long as there is a minor
the family home. beneficiary. [Art. 159, FC]
(3) Debts secured by mortgages on the
premises before or after such constitution. The heirs cannot partition the home unless the
(4) Debts due to laborers, mechanics, court finds compelling reasons therefore. [Art.
architects, builders, materialmen and others 159, FC]
who have rendered service or furnished
material for the construction of the building. REQUISITES FOR CREDITOR TO
EXECUTE UPON THE FAMILY HOME
BENEFICIARIES OF THE FAMILY (1) He must be a judgment creditor;
HOME (2) His claim is not among those exempted
(1) Husband and wife, or an unmarried person under Article155, and
who is the head of the family (3) He has reasonable grounds to believe that
(2) Parents (may include parent-in-laws), the family home is worth more than the
ascendants, descendants, brothers and maximum amount fixed in Art. 157.
sisters (legitimate/illegitimate), who are
living in the family home and who depend PROCEDURE TO AVAIL OF RIGHT UNDER
on the head of the family for support. [Art. ART. 160
154, FC] (1) The creditor must file a motion in the court
proceeding where he obtained a favorable
REQUISITES TO BE A BENEFICIARY decision for a writ of execution against the
(1) The relationship is within those family home.
enumerated; (2) There will be a hearing on the motion where
(2) They live in the family home; and the creditor must prove that the actual
(3) They are dependent for legal support on the value of the family home exceeds the
head of the family. maximum amount fixed by the FC either at
the time of its constitution or as a result of
improvements introduced thereafter.
(3) If the creditor proves that the actual value
exceeds the maximum amount the court
will order its sale in execution.
PAGE 51
(4) If the family home is sold for more than the

value allowed, the proceeds shall be Paternity and Filiation
applied as follows:
(a) First, the obligation enumerated in Kinds of Filiation [Arts. 163, 164, 165, FC]:
Article 157 must be paid (1) Natural
(b) Then the judgment in favor of the (a) Legitimate
creditor will be paid, plus all the costs of (b) Illegitimate
execution (2) Legal Fiction (Adoption)
(c) The excess, if any, shall be delivered to
the judgment debtor
LEGITIMATE CHILDREN
The proof that the house is the family home
must be alleged against creditors; applied the WHO ARE LEGITIMATE CHILDREN
rule in Art. 160, FC. [Versola v. Mandolaria Those conceived or born during the marriage of
(2006)] parents either by natural means or by artificial
insemination [Art. 164, FC]
WON the grandson of the deceased is a
beneficiary according to Art. 154 FC. The NATURAL/BIOLOGICAL
beneficiary should satisfy all requisites; he must A child conceived or born during a valid
be dependent on the head of the family. Since marriage is presumed to belong to that
the grandson still had parents who are legally marriage, regardless of the existence of
obliged for his support, he was not deemed a extramarital relationships. [Liyao v. Liyao
beneficiary. [Patricio v. Dario III (2006)] (2002)]
Article 159 imposes the proscription against the ARTIFICIAL INSEMINATION

immediate partition of the family home Requisites to be considered legitimate:
regardless of its ownership. This signifies that (1) Artificial insemination made on wife
even if the family home has passed by (2) Sperm comes from any of the following:
succession to the co-ownership of the heirs, or (a) Husband
has been willed to any one of them, this fact (b) Third person donor
alone cannot transform the family home into an (c) Husband and third person donor
ordinary property, much less dispel the (3) In case of donor sperm, husband and wife
protection cast upon it by law. The rights of the must authorize/ratify insemination in a
individual co-owner or owner of the family home written instrument:
cannot subjugate the rights granted under (a) Executed & signed by husband and wife
Article 159 to the beneficiaries of the family before the birth of the child.
home. [Arriola v. Arriola (2008)] (b) Recorded in the civil registry together
with the birth certificate of the child.
[Art. 164, FC]
Dual consent is required whether the semen

used comes from the husband or a third person
donor [Tolentino]
WHO ARE ILLEGITIMATE CHILDREN

General rule: Those conceived and born outside
of a valid marriage. [Art. 165, FC]
Exceptions:
(1) Children of marriages void under Art.36
(psychological incapacity); and
(2) Under Art. 53 (subsequent marriages which
PAGE 52
did not comply with Art. 52). [Sempio-Dy] Only the man (and his heirs in certain situations)
can impugn the legitimacy of the child. [Benitez-
Common children born before the annulment Badua v. CA (1994)]
are legitimate, and therefore entitled to support
from each of the spouses. [De Castro v. Assidao- LEGITIMACY WITH REGARD TO THE
De Castro, (2008)] MOTHER
Child considered legitimate although [Art. 167,
IMPUGNING LEGITIMACY FC]:
Grounds for impugning legitimacy of a child are: (1) Mother may have declared against its
(1) Physical impossibility for the husband to legitimacy
have sexual intercourse with his wife within (2) Mother may have been sentenced as an
the first 120 days of the 300 days which adulteress (also applies to wife who was
immediately preceded the child's birth due raped)
to:
(a) Physical incapacity of the husband to If the marriage is terminated and the mother
have sexual intercourse with his wife contracted another marriage within 300 days
(b) Husband and wife were living after the termination of the former marriage,
separately as to make sexual the following rules shall govern in the absence
intercourse impossible of proof to the contrary [Art 168, FC]:
(c) Serious illness of the husband (1) If born before 180 days after the
absolutely preventing sexual solemnization of the subsequent marriage –
intercourse child is considered conceived during the
(2) Other biological or scientific reasons, except former marriage, provided it be born within
artificial insemination 300 days after termination of the former
(3) And in case of artificial insemination, the marriage
written consent of either parent was vitiated (2) If born after 180 days following the
through fraud, violence, mistake, celebration of the subsequent marriage –
intimidation, or undue influence. [Art. 166, child is considered conceived during such
FC] marriage, even if it be born within 300 days
after the termination of the former marriage
Mere proximate separation between the
spouses is not sufficient physical separation to The legitimacy or illegitimacy of a child born
constitute as ground for impugning legitimacy. after 300 days following the termination of the
[Macadangdang v. CA (1980)] marriage—burden of proof upon whoever
alleges the status. [Art. 169, FC]
Serious illness of the husband which absolutely
prevented him from having sexual intercourse If nobody asserts the legitimacy or illegitimacy
with his wife, like if the husband was already in of the child described in Art. 169, the child
comatose or a vegetable, or sick with syphilis in should be considered illegitimate unless
the tertiary stage so that copulation was not legitimacy is proved. Legitimacy cannot be
possible. But tuberculosis, even in its most presumed here since the birth was beyond the
crucial stage, does not preclude copulation 300-day period of gestation. While it goes
between the sick husband and his wife. [Andal v. against the policy of law to lean in favor of
Macaraig (1951)] legitimacy, this interpretation is better than the
anomalous situation created by Art. 169, which
Blood-type matching is an acceptable means of is a child without a status. [Tolentino]
impugning legitimacy, covered by Art. 166(2),
under “biological or other scientific reasons.” ACTION FOR IMPUGNING LEGITIMACY [Arts.
But this is only conclusive of the fact of non- 170 and 171, FC]
paternity. [Jao v. CA (1987)] May be brought within 1, 2, or 3 years from the
knowledge of the birth, or the knowledge of
registration of birth.
PAGE 53
(1) Within 1 year – if husband or any heirs reside possession of status as legitimate child
in the same city or municipality where the (b) Any other means stated by the rules of
child was born or his birth was recorded. court or special laws
(2) Within 2 years – if the husband or all heirs
live in the Philippines but do not reside in Only in the absence of primary evidence can
the same city or municipality where the secondary evidence be admitted.
child's birth took place or was recorded
(3) Within 3 years – if the husband or all heirs ACTION FOR CLAIMING FILIATION
live outside the Philippines when the child's (LEGITIMATE CHILDREN) [Art. 173, FC]
birth took place or was recorded in the (1) The child can bring the action during his or
Philippines her lifetime
(2) If the child dies during minority or in a state
If the birth of the child has been concealed or of insanity, such action shall be transmitted
was unknown to the husband, the above periods to his heirs, who shall have a period of five
shall be counted: years within which to institute the action.
(1) From the discovery or knowledge of the birth (3) The action commenced by the child shall
of the child, or survive notwithstanding the death of either
(2) From the discovery or knowledge of its or both of the parties
registration, whichever is earlier.
General rule: Only the husband can impugn the

RIGHTS OF LEGITIMATE CHILDREN
[Art. 174, FC]
legitimacy of a child. If he does not bring an
(1) To bear the surnames of the father and the
action within the prescribed periods, he cannot
mother, in conformity with the provisions of
file such action anymore thereafter, and this is
the Civil Code on surnames
also true with his heirs.
(2) To receive support from their parents, their
ascendants, and in proper cases, their
Exception: That the heirs of the husband may
brothers and sisters, in conformity with the
file the action or continue the same within the
provisions of the Code on support
periods prescribed in Art. 170 [Art. 171, FC]:
(3) To be entitled to the legitimate and other
(1) If the husband died before the expiration of
successional rights granted to them by the
the period fixed for bringing his action
Civil Code
(2) If he should die after the filing of the
complaint without having desisted
therefrom ILLEGITIMATE CHILDREN
(3) If the child was born after the death of the Illegitimate children may establish their
husband. illegitimate filiation in the same way and on the
same evidence (primary or secondary) as
Legitimacy can only be attacked directly. legitimate children. [Art. 175, FC]
[Sayson v. CA (1992)]
ACTION FOR CLAIMING FILIATION
PROOF OF FILIATION [Art. 175, FC]
Legitimate children may establish their filiation (1) For actions based on primary evidence, the
by any of the following [Art. 172, FC]: same periods stated in Art. 173 apply.
(1) Primary Evidence (2) For actions based on secondary evidence,
(a) Their record of birth appearing in the the action may only be brought during the
civil registry. lifetime of the alleged parent.
(b) An admission of his filiation by his
parent in a public document or a private Baptismal certificates are given probative value
handwritten instrument and signed by only for births before 1930. Birth certificates
said parent must be signed by the parents and sworn for it
(2) Secondary Evidence to be admitted as evidence. [Mendoza v. Melia
(a) Proof of open and continuous (1966)]
PAGE 54
Mere possession of status as an illegitimate

Unsigned birth certificates are not evidence of child does not make a recognized illegitimate
recognized filiation. [Baluyut v. Baluyut (1990)] child but is only a ground for bringing an action
to compel judicial recognition by the assumed
Baptismal certificates are only conclusive of the parent. [Gono-Javier vs. Court of Appeals (1994)]
sacrament administered, and cannot be used as
proof of filiation. [Acebedo v. Arquero (2003)] DNA evidence can still be used even after the
death of the parent. [Estate of Rogelio Ong v.
Marriage certificates cannot be used as proof of Diaz (2007)]
filiation. [Lim v. CA (1975)]
There are four significant procedural aspects of
Rule 130, Sec. 40 is limited to objects commonly a traditional paternity action that parties have
known as family possessions reflective of a to face: a prima facie case, affirmative defenses,
family's reputation or tradition regarding presumption of legitimacy, and physical
pedigree like inscriptions on tombstones, resemblance between the putative father and
monuments, or coffin plates. [Jison v. CA (1998)] the child. A prima facie case exists if a woman
declares—supported by corroborative proof—
Signature of the father on the birth certificate is that she had sexual relations with the putative
considered as an acknowledgement of paternity father; at this point, the burden of evidence
and mere presentation of a duly authenticated shifts to the putative father. Further, the two
copy of such certificate will successfully affirmative defenses available to the putative
establish filiation. [Eceta v. Eceta (2004)] father are: (1) incapability of sexual relations
with the mother due to either physical absence
“Su padre (Your father)” ending in a letter is or impotency, or (2) that the mother had sexual
only proof of paternal solicitude and not of relations with other men at the time of
actual paternity. Signature on a report card conception. [Gotardo v. Buling (2012)]
under the entry of “Parent/Guardian” is likewise
inconclusive of open admission. [Heirs of To prove open and continuous possession of the
Rodolfo Bañas v. Heirs of Bibiano Bañas (1985)] status of an illegitimate child, there must be
evidence of the manifestation of the permanent
By “open and continuous possession of the intention of the supposed father to consider the
status of a legitimate child” is meant the child as his, by continuous and clear
enjoyment by the child of the position and manifestations of parental affection and care,
privileges usually attached to the status of a which cannot be attributed to pure charity.
legitimate child, like bearing the paternal [Perla v. Baring and Perla (2012)]
surname, treatment by the parents and family
of the child as legitimate, constant attendance Meanwhile, the lack of participation of the
to the child's support and education, and giving supposed father in the preparation of a
the child the reputation of being a child of his baptismal certificate renders this document
parents. [De Jesus v. Syquia (1933)] incompetent to prove paternity. Baptismal
certificates are per se inadmissible in evidence
DNA evidence can be used as proof of paternity. as proof of filiation and they cannot be admitted
[Agustin v. CA (2005)] indirectly as circumstantial evidence to prove
the same. [Perla v. Baring and Perla (2012)]
The due recognition of an illegitimate child in a
record of birth, a will, a statement before a court RIGHTS OF ILLEGITIMATE CHILDREN
of record, or in any authentic writing, is in itself a [Art. 176, FC]
consummated act of acknowledgement of the (1) Use the surname and be under the parental
child, and no further court action is required. [De authority of the mother
Jesus v. Estate of Decedent Juan Gamboa Dizon (2) However, may use the surname of their
(2001)] father if
PAGE 55
(a) Their filiation has been expressly (3) Legitimation of children who died before the
recognized by the father through the celebration of the marriage shall benefit
record of birth appearing in the civil their descendants [Art. 181, FC]
register; or
(b) There is an admission in a public GROUNDS FOR IMPUGNING
document or private handwritten LEGITIMATION
instrument made by the father. (1) The subsequent marriage of the child's
(c) Provided, the father has the right to parents is void.
institute an action before the regular (2) The child allegedly legitimated is not
courts to prove non-filiation during his natural.
lifetime [RA 9255] (3) The child is not really the child of the
alleged parents. [Sempio-Dy]
The use of the word “may” in Art. 176 readily
shows that an acknowledged illegitimate
child is under no compulsion to use the
RIGHTS
The same as those of legitimate children [Art.
surname of his illegitimate father. The word
179, FC]
“may” is permissive and operates to confer
discretion upon the illegitimate children.
[Grande v. Antonio (2014)] IMPUGNING LEGITIMATION [Art. 182,
FC]
(3) Shall be entitled to support in conformity (1) May be made only by those who are
with the Family Code prejudiced in their rights
(4) Legitime shall consist of one-half of the (2) Within five years from the time their cause
legitime of a legitimate child. of action accrues
LEGITIMATED CHILDREN Adoption

“Legitimated” children are illegitimate children
who because of the subsequent marriage of Legitimation Adoption
their parents are, by legal fiction, considered Legal effect
legitimate. The law merely makes The law creates by
legal what exists by fiction a relation which
TO BE CAPABLE OF LEGITIMATION nature did not in fact exist
(1) The child must have been conceived and Persons affected
born outside of wedlock; and Natural children Strangers (generally)
(2) The parents, at the time of the child's Procedure
conception, were not disqualified by any Extrajudicial acts of Always by judicial
impediment to marry each other, or parents decree
disqualified only because either or both of Who should apply
them were below 18 y.o. [Art. 177 as Both parents, with
amended by RA 9858] exceptions allowing
Both parents
only one of them to
apply [RA 8552]
PROCEDURE AND EFFECTS Effect on parent-child relationship
(1) Legitimation shall take place by a Same status and
subsequent valid marriage between the rights with that of a
parents. The annulment of a voidable Creates a relationship
legitimate child not
marriage shall not affect the legitimation. only between the child
only in relation to the
[Art. 178, FC] and the adopting
legitimizing parents
(2) Effects of legitimation shall retroact to the parents
but also to other
time of the child’s birth [Art. 180, FC] relatives
PAGE 56
Adoption – a juridical act, which creates (5) Has submitted all the necessary clearances
between two persons a relationship similar to and such certifications as may be required
that which results from legitimate paternity and
filiation. **Items 3, 4 and 5 may be waived under the
following circumstances:
It requires a proceeding in rem, and may only be (1) Adopter is a former Filipino Citizen who
proven by a judicial decree issued by a court of seeks to adopt a relative within the 4th
competent jurisdiction, not by open and degree of consanguinity or affinity
continuous cohabitation. (2) Adopter seeks to adopt the legitimate or
illegitimate child of his/her Filipino spouse
REPUBLIC ACT NO. 8552 (3) Adopter is married to a Filipino Citizen and
seeks to adopt jointly with his/her spouse a
“DOMESTIC ADOPTION LAW” relative within the 4th degree of
(FEBRUARY 25, 1998) consanguinity or affinity of the Filipino
spouse
WHO CAN ADOPT
GUARDIANS
FILIPINO CITIZENS [Sec. 7a] With respect to their wards, after the
(1) Of legal age termination of the guardianship and clearance
(2) With full civil capacity and legal rights of his/her accountabilities.
(3) Of good moral character and has not been
convicted of any crime involving moral JOINT ADOPTION
turpitude General rule: Husband and wife shall adopt
(4) Emotionally and psychologically capable of jointly.
caring for children
(5) At least sixteen (16) years older than Exceptions:
adoptee, except when adopter is biological (1) If one spouse seeks to adopt the legitimate
parent of the adoptee or is the spouse of the child of the other
adoptee’s parent (2) If one of the spouses seeks to adopt his/her
(6) In a position to support and care for his/her illegitimate child provided that the other
children in keeping with the means of the spouse has signified his/her consent
family (3) If spouses are legally separated from each
(7) Has undergone pre-adoption services other
ALIENS [Sec. 7b] If spouses jointly adopt, parental authority shall

Same for Filipinos provided further that: be jointly exercised by them.
(1) His/her country has diplomatic relations
with the Philippines WHO CAN BE ADOPTED [Sec. 8]
(2) Has been living in the Philippines for 3 (1) Minor who has been administratively or
continuous years prior to the filing of judicially declared available for adoption
application and maintains such residence (2) Legitimate child of one spouse by another
until the decree is entered (provided that (3) Illegitimate child by a qualified adopter to
absences not exceeding 60 days per 1 year improve the child’s status to that of
for professional, business, or emergency legitimacy
reasons are allowed) (4) A person of legal age if, prior to the
(3) Has been certified by his/her diplomatic or adoption, said person has been consistently
consular office or any appropriate considered and treated by the adopter(s) as
government agency that he/she has the his/her child since minority
legal capacity to adopt in his/her country (5) A child whose previous adoption has been
(4) His/her government allows the adoptee to rescinded
enter his/her country as his/her adoptee (6) A child whose biological or adoptive
parent(s) has died, provided that no
PAGE 57
proceedings shall be initiated within 6 PRE-ADOPTION PROCEDURES

months from the time of death of said
parent(s) VOLUNTARY COMMITMENT OF BIOLOGICAL
MOTHER WANTING TO PUT HER CHILD UP
EXCEPTIONS TO THE REQUIREMENT OF A FOR ADOPTION
CERTIFICATION THAT THE CHILD IS
AVAILABLE FOR ADOPTION [Sec. 4] Counseling on her options other than
(1) Adoption of an illegitimate child by his/her adoption
biological parent;
(2) Adoption of a child by his/her stepparent;
(3) Adoption by a relative within the 4th civil
degree by consanguinity or affinity Explaining to her the implications of losing
her parental authority over the child
PERSONS WHOSE WRITTEN CONSENT IS
NECESSARY FOR ADOPTION [Sec. 9]
(1) The prospective adoptee if 10 years or older Continuing services shall be provided after
(2) The prospective adoptee’s biological relinquishment to cope with feelings of
parents, legal guardian or the government loss, etc. and other services for his/her
instrumentality or institution that has reintegration to the community
custody of the child
(3) The prospective adopters’ legitimate and
adopted children who are 10 years or older
(4) The prospective adopters’ illegitimate Biological parent(s) who decide to keep the
children, if any, who are 10 years or older child shall be provided with adequate
and living with them services and assistance to fulfill their
(5) The spouse, if any, of the person adopting or parental responsibilities
to be adopted.
A decree of adoption shall be effective as of the

Biological parent(s) who decide to put the
date the original petition was filed. It also child for adoption shall sign the Deed of
applies in case the petitioner dies before the Voluntary Commitment (DVC) which shall
issuance of the decree of adoption to protect be rescissible within 3 months from signing
the interest of the adoptee. of the same
PAGE 58
Error
INVOLUNTARY COMMITMENT OF ADOPTION PROCEDURES
ABANDONED OR NEGLECTED CHILD
Inquiry of prospective adopters at DSWD
Filing of a petition at Regional DSWD in
the form of an affidavit and with the
required supporting documents Attendance of DSWD Adoption For a and
Seminars (include counseling)
Posting of the petition, then

recommendation by the Regional Application for Adoption
Director of the DSWD (5 days each)
Case Study Report

Issuance of certification by DSWD
Secretary declaring the child legally
available for adoption Certificate of Availability for Adoption
Matching
REQUIRED SUPPORTING DOCUMENTS FOR
A PETITION FOR THE DECLARATION OF
INVOLUNTARY COMMITMENT Placement
(1) Social Case Study Report by
DSWD/LGU/institution charged with child’s
custody Supervised Trial Custody
(2) Proof of efforts to locate the child’s
parents/known relatives
(a) Written certification that a Home Study Report
local/national radio/TV case was aired
on 3 different occasions
(b) Publication in 1 newspaper of general Recommendation and Consent of DSWD
circulation
(c) Police report / barangay certification of
due diligence File Petition for Adoption within 30 days
(d) Returned registered mail to last known from Receipt of Consent from DSWD
address of parents
(3) Birth certificate, if available
(4) Recent photo and photo upon
abandonment of child Adoption Decree
After the decree of adoption, the court may also

issue a travel authority, if needed; DSWD to
provide post adoption services.
The case study report by the DSWD/LGU is

indispensable. Without it, the adoption decree
shall be void. [DSWD v. Judge Belen (1997)]
PAGE 59
WHO MAY NOT ADOPT/ BE (5) When only collateral blood relatives survive,
ADOPTED ordinary rules of legal or intestate succession
shall apply
Art. 184 (as amended by RA 8552), FC.
The following may not adopt: NAME
(1) The guardian, with respect to the ward, prior
to the approval of the final accounts Art. 365, CC. An adopted child shall bear the
rendered upon the termination of the surname of the adopter.
guardianship
(2) Any person convicted of a crime of moral RA 8552 allows the change of first name to be
turpitude instituted in the same proceeding as the
RIGHTS OF AN ADOPTED CHILD adoption: “the decree of adoption shall state
the name by which the child is to be known”.
PARENTAL AUTHORITY
NATIONALITY
Except in cases where the biological parent is
Adoption does not confer citizenship: Philippine
the adopter’s spouse, all legal ties between
citizenship may be lost/acquired [only] in the
biological parent and adoptee shall be severed,
manner provided by law. [Sec. 3, Art. 4,
and the same shall then be vested on the
Constitution]
adopters. [Sec. 16]
The right to confer citizenship belongs to the
LEGITIMACY
State (political) and cannot be granted by a
The adoptee shall be considered the legitimate
citizen through adoption. Adoption creates a
son/daughter of the adopters for all intents and
relationship between the adopter and adoptee,
purposes, and as such is entitled to all rights
not between the State and the adoptee.
and obligations provided by law to legitimate
children born to them without discrimination of
any kind. [Sec. 17] RESCISSION OF ADOPTION
Adoptee may file action for rescission, with the
SUCCESSION assistance of DSWD if he/she is a minor or over
In legal and intestate succession, the adopter 18 but incapacitated, based on the following
and the adoptee shall have reciprocal rights of grounds [Sec. 19]:
succession without distinction from legitimate (1) Repeated physical and verbal maltreatment
filiation. However, if the adoptee and his/her by adopters despite having undergone
biological parents had left a will, the law on counseling
testamentary succession shall govern. [Sec. 18] (2) Attempt on life of adoptee
(3) Sexual assault or violence
Art. 190, FC as amended. Rules on legal or (4) Abandonment or failure to comply with
intestate succession to the estate of the parental obligations
adoptee:
(1) Legitimate and illegitimate children, Adoption, being in the best interest of the child,
descendants and the surviving spouse of the shall not be subject to rescission by the adopter.
adoptee shall inherit in accordance with the However, the adopter may disinherit the child
ordinary rules of legal/intestate succession based on these causes [Art. 919, CC]:
(2) When the surviving spouse OR illegitimate (1) Conviction of an attempt on the life of the
children AND adopters concur, they shall adopter
inherit on a 50-50 basis (2) Having accused, without grounds, the
(3) When the surviving spouse AND illegitimate adopter of a crime punishable by
children AND adopters concur, they shall imprisonment for more than 6 years
inherit on a 1/3-/1/3-1/3 basis (3) Conviction of adultery/concubinage with
(4) When only adopters survive, they shall the adopter’s spouse
inherit 100% of the estate
PAGE 60
(4) Having caused the adopter to make or punished for such act, PROVIDED [Sec. 22 (RA
change a will by force, intimidation or undue 8552)]:
influence (1) The simulation was for the child’s best
(5) Refusal without just cause to support the interest
adopter (2) Child has been treated consistently as his
(6) Maltreatment of the adopter by word/deed own
(7) Living a dishonorable/disgraceful life (3) Petition filed within 5 years of RA 8552’s
(8) Conviction of a crime which carries with it effectivity (2003)
the penalty of civil interdiction
THREE-IN-ONE PROCEDURE
EFFECTS OF RESCISSION [Sec. 20]: (1) Correction of entries in birth certificate
(1) Parental authority of the adoptee's (2) Deed of Voluntary Commitment or
biological parents, if known, OR the legal Declaration of abandonment
custody of the DSWD shall be restored if the (3) Adoption decree
adoptee is still a minor or incapacitated
(2) Reciprocal rights and obligations of the REPUBLIC ACT NO. 8043
adopters and the adoptee shall be
extinguished “THE LAW ON INTER-COUNTRY
(3) Court shall order the Civil Registrar to ADOPTION”
cancel the amended certificate of birth of (JUNE 7, 1995)
the adoptee and restore his/her original
birth certificate
Inter-country Adoption – the socio-legal process
(4) Succession rights shall revert to its status
of adopting a Filipino child by a foreigner or a
prior to adoption, but only as of the date of
Filipino citizen permanently residing abroad
judgment of judicial rescission
where the petition is filed, the supervised trial
(5) Vested rights prior to judicial rescission
custody is undertaken, and the decree of
shall be respected
adoption is issued outside the Philippines.
Rescission contemplates a situation where the
adoption decree remains valid until its WHO CAN ADOPT
termination. Any foreign national or a Filipino citizen
permanently residing abroad who has the
qualifications and none of the disqualifications
RECTIFICATION OF SIMULATED under the Act may file an application if he/she:
BIRTH (1) Is at least 27 years of age and at least 16
Simulation of birth is the tampering of LCR years older than the child to be adopted, at
records to make it appear that a certain child the time of application unless the adopter is
was born to a person who is not his/her the parent by nature of the child to be
biological parent, causing said child to lose adopted or the spouse of such parent;
his/her true identity/status. (2) If married, his/her spouse must jointly file
for the adoption;
Sec. 21-b (RA 8552). Any person who shall cause (3) Has the capacity to act and assume all
the fictitious registration of the birth of a child rights and responsibilities of parental
under the name(s) of a person(s) who is not authority under his national laws, and has
his/her biological parent(s) shall be guilty of undergone the appropriate counseling from
simulation of birth, and shall be punished by an accredited counselor in his/her country;
prision mayor in its medium period and a fine (4) Has not been convicted of a crime involving
not exceeding P50,000.00. moral turpitude;
(5) Is eligible to adopt under his/her national
A person who has, prior to the effectivity of RA law;
8552, simulated the birth of a child shall not be (6) Is in a position to provide the proper care
and support and to give the necessary
PAGE 61
moral values and example to all his advantage in favor of the adopted child. In the
children, including the child to be adopted; instant case, however, to hold that parental
(7) Agrees to uphold the basic rights of the authority had been retroactively lodged in the
child as embodied under Philippine laws, adopting parents so as to burden them with
the U.N. Convention on the Rights of the liability for a tortuous act that they could not
Child, and to abide by the rules and have foreseen and which they could not have
regulations issued to implement the prevented would be unfair and unconscionable.
provisions of this Act; [Tamargo v. CA (1992)]
(8) Comes from a country with whom the
Philippines has diplomatic relations and Adoption is a juridical act, proceeding in rem.
whose government maintains a similarly Because it is artificial, the statutory
authorized and accredited agency and that requirements in order to prove it must be strictly
adoption is allowed under his/her national carried out. Petition must be announced in
laws; publications and only those proclaimed by the
(9) Possesses all the qualifications and none of court are valid. Adoption is never presumed.
the disqualifications provided in applicable [Lazatin v. Campos (1979)]
Philippine laws.
Validity of facts behind a final adoption decree
WHO CAN BE ADOPTED cannot be collaterally attacked without
Only a legally-free child may be the subject of impinging on that court’s jurisdiction. [Santos v.
inter-country adoption. Aranzanso (1966)]
Legally-free child – one who has been Participation of the appropriate government
voluntarily or involuntarily committed to the instrumentality in performing the necessary
DSWD of the Philippines, in accordance with the studies and precautions is important and is
Child and Youth Welfare Code. indispensable to assure the child’s welfare.
[DSWD v. Belen (1997)]
No child shall be matched to a foreign adoptive
family unless it is satisfactorily shown that the Consent for adoption must be written and
child cannot be adopted locally (last resort). notarized. [Landingin v. Republic (2006)]
In order that such child may be considered for Adopted children do not have a right to
placement, the following documents must be represent their adopters in successional
submitted to the Board: interests. Although an adopted child is deemed
(1) Child study to be a legitimate child and have the same
(2) Birth Certificate / Foundling Certificate rights as the latter, these rights do not include
(3) Deed of Voluntary Commitment/ Decree of the right of representation (because the
Abandonment/ Death Certificate of parents adopted child has no right to inherit from the
(4) Medical Evaluation / History grandparent). The relationship created by the
(5) Psychological Evaluation, as necessary adoption is between only the adopting parents
(6) Recent photo of the child and the adopted child. It does not extend to the
blood relatives of either party. [Sayson v. CA
Where the petition for adoption was granted (1992)]
after the child had shot and killed a girl, the
Supreme Court did not consider the retroactive
effect given to the decree of adoption so as to
impose a liability upon adopting parents at a
time when adopting parents had no actual or
physically custody over the child. Retroactive
effect may perhaps be given to the granting of
the petition for adoption where such is essential
to permit the accrual of some benefit or
PAGE 62
Support The order of liability among ascendants and

descendants would be:
(1) Legitimate children and descendants,
WHAT IT COMPRISES (2) Legitimate parents and ascendants,
Consists of everything indispensable for (3) Illegitimate children and their descendants.
sustenance, dwelling, clothing, medical [Tolentino]
attendance, education and transportation, in
keeping with the financial capacity of the family. When two or more are obliged to give support,
[Art. 194, FC] the payment shall be divided between them in
 Education includes a person’s schooling or proportion to their resources;
training for some profession, trade or
vocation, the right to which shall subsist Also, in case of urgent need and by special
beyond the age of majority. [Art. 194, FC] circumstances, judge may order only one
 Transportation includes expenses in going to obligor to furnish support without prejudice to
and from school, or to and from place of work. reimbursement from other obligors of the share
[Art. 194, FC] due from them [Art. 200, FC].
If there are multiple recipient sand only one

WHO ARE OBLIGED obligor, and the latter has no sufficient means to
To support each other: satisfy all claims:
(1) Spouses; (1) Observe order in Article 199 as to whose
(2) Legitimate ascendants and descendants; claim shall be satisfied first;
(3) Parents and their children (legitimate and (2) But if the concurrent obligees are the
illegitimate) and the children of the latter spouse and a child subject to parental
(legitimate and illegitimate); authority, the child shall be preferred. [Art.
(4) Legitimate brothers and sisters, whether of 200, FC]
full or half-blood; [Art. 195, FC]
(5) Illegitimate brothers and sisters, whether of The above preference given to a child under
full or half-blood, except when the need for parental authority over the spouse should
support of one (of age) is due to a cause prevail only if the person obliged to support
imputable to his/her fault or negligence. pays it out of his separate property. So if the
[Art. 196, FC] support comes from ACP or CPG, the above rule
of preference for the child does not apply.
Both legitimate and illegitimate children are [Tolentino]
entitled to support.
Even if the parents-in-law were the ones who
PROPERTIES ANSWERABLE FOR called for the physician’s services for the
SUPPORT childbirth of their daughter-in-law, it is the
From the separate property of the obligor. If no woman’s husband who is bound to pay the fees
separate property, the ACP/CPG (if financially due to the physician. [Pelayo v. Lauron (1909)]
capable) shall advance the support, to be
deducted from the obligor’s share upon Man is still liable for support in arrears since the
liquidation of such regime. [Art. 197, FC] mother advanced it from a stranger (the uncle
of the daughters). [Lacson v. San Jose-Lacson
ORDER OF SUPPORT (1968)]
If there are multiple obligors [Art. 199, FC]:
Acknowledgment of and commitment to
(1) Spouse
comply with support obligation through a note
(2) Descendants, nearest in degree
in his own handwriting is proof that a demand
(3) Ascendants, nearest in degree
was made. [Lacson v. Lacson (2006)]
(4) Brothers and Sisters
PAGE 63
The amount of support is variable and, for this spouses ceases. (But in legal separation, court
reason, no final judgment on the amount of may order guilty spouse to give support to
support is made as the amount shall be in innocent spouse.) [Art. 198, FC]
proportion to the resources or means of the
giver and the necessities of the recipient. Note: De facto separation does not affect the
[Gotardo v. Buling (2012)] ACP and the CPG, except that the spouse who
leaves the conjugal home without just cause
STRANGER GIVES SUPPORT shall not be entitled to support. [Art. 100, FC]
When, without the knowledge of the person
obliged to give support, it is given by a stranger, AMOUNT
the stranger has the right to claim the same The amount of support is in proportion to the
from the person obliged, unless it appears that means of the provider and the needs of the
he gave it without intention of being receiver, and can be reduced or increased if such
reimbursed. [Art. 206, FC] circumstances change. [Arts. 201, 202, FC]
PERSON OBLIGED REFUSES OR WHEN DEMANDABLE

FAILS TO GIVE SUPPORT The obligation to give support shall be
When the person obliged to give support demandable from the time the person who has
unjustly refuses or fails to give support when a right to receive the same needs it for
urgently needed, any third person may furnish maintenance, but it shall not be paid except
support to the needy individual, with right of from the date of judicial or extra-judicial
reimbursement from the person obliged to give demand. [Art. 203, FC]
support. This particularly applies when the
father or mother of a minor child unjustly Support pendente lite may be claimed in
refuses to support or fails to give support to the accordance with the Rules of Court. [Art. 203,
child when urgently needed. [Art. 207, FC] FC]
CONTRACTUAL SUPPORT OR THAT Payment shall be made within the first 5 days of
GIVEN BY WILL each corresponding month. When the recipient
The excess in amount beyond that required for dies, his heirs shall not be obliged to return
legal support shall be subject to levy on what he has received in advance. [Art. 203, FC]
attachment or execution. [Art. 208, FC]
OPTIONS
Reason: The amount of support agreed upon in (1) Payment of the amount; or
the contract or given in the will can be more (2) Receiving and maintaining the recipient in
than what the recipient needs [Sempio-Diy]. the home of the provider, unless there is a
legal or moral obstacle for doing so.
Furthermore, contractual support shall be
subject to adjustment whenever modification is
necessary due to changes in circumstances
ATTACHMENT
The right to receive support as well as any
manifestly beyond the contemplation of the
money or property obtained as such support
parties. [Art. 208, FC]
shall not be levied upon on attachment or
execution. [Art. 205, FC]
SUPPORT DURING MARRIAGE
LITIGATION This is to protect that which the law gives to the
Pending legal separation or annulment, and for recipient against want and misery. [Tolentino]
declaration of nullity, support pendente lite for
spouses and children will come from the
ACP/CPG. After final judgment granting the
petition, mutual support obligation between
PAGE 64
Parental Authority (2) Cannot be renounced, transferred or

waived, except in cases authorized by law
[Art. 210, FC]
GENERAL PROVISIONS (3) Jointly exercised by the father and the
Parental authority is the mass of rights and mother [Art. 211, FC]
obligations which parents have in relation to the (4) Purely personal and cannot be exercised
person and property of their children until their through agents
emancipation, and even after this under certain (5) Temporary
circumstances [Manresa].
PARENTAL PREFERENCE RULE
PARENTAL AUTHORITY INCLUDES The natural parents, who are of good character
[Art. 209]: and who can reasonably provide for the child,
(1) The caring for and rearing of children for are ordinarily entitled to custody as against all
civic consciousness and efficiency; persons. [Santos v. CA (1995)]
(2) The development of the moral, mental and
physical character and well-being of said WHO EXERCISES AUTHORITY IN
children CASES OF DEATH, ABSENCE,
UNSUITABILITY, REMARRIAGE, OR
Parental authority and responsibility may not be
renounced or transferred except in the cases
SEPARATION OF PARENTS
(1) In case one parent is absent or already dead,
authorized by law. [Art. 210, FC]
the present or surviving parent [Art. 212, FC]
 Remarriage of the surviving parent shall
CASES WHEN PARENTAL not affect his/her parental authority over
AUTHORITY AND RESPONSIBILITY the children, unless the court appoints
MAY BE TRANSFERRED OR another person to be the guardian of the
RENOUNCED children or their property [Art. 212, FC]
(1) Adoption; (2) In case of a void/annulled marriage, and
(2) Guardianship; or there is no agreement between spouses, the
(3) Commitment of the child in an entity or parent designated by the court [Art. 43(1),
institution engaged in childcare or in a FC; Art. 49, FC]
children’s home. (3) Innocent spouse gets custody of minor
children in legal separation [Art. 63(3), FC]
RULES AS TO THE EXERCISE OF (4) The court shall take into account all
PARENTAL AUTHORITY relevant considerations, especially the
(1) Jointly exercised by the father and mother choice of the child over seven years of age,
overt heir common children, but in case of unless the parent chosen is unfit [Art. 213(1),
FC]
disagreement, the father's decision shall
(5) Substitute parental authority [Art. 214, FC]
prevail, unless there is a judicial order to the
(a) In case of death, absence or
contrary [Art. 211, FC]
unsuitability of the parents, substitute
(2) Exercised by the mother if the child is
parental authority shall be exercised by
illegitimate [Art.176, FC]
the surviving grandparent
(3) Children under parental authority shall
always observe respect and reverence (b) When several grandparents survive, the
towards their parents and are obliged to one designated by the court shall
exercise parental authority, taking into
obey them [Art. 211, FC]
account all relevant considerations,
especially the choice of the child over
CHARACTERISTICS OF PARENTAL seven years of age, unless the
AUTHORITY grandparent chosen is unfit
(1) Natural right and duty of parents [Art. 209,
FC]
PAGE 65
DESCENDANT’S PRIVILEGE OF SUBSTITUTE PARENTAL AUTHORITY

REFUSAL TO TESTIFY [Art. 215, FC] OVER DISADVANTAGED CHILDREN
General rule: No descendant shall be [Art. 217, FC]
compelled, in a criminal case, to testify against Entrusted in summary judicial proceedings to:
his parents and grandparents. (1) Heads of children’s homes
(2) Orphanages
Exception: When such testimony is (3) Similar institutions duly accredited by the
indispensable in: proper government agency (such as the
(1) a crime against the descendant, or DSWD)
(2) a crime by one parent against the other.
WHO ARE DISADVANTAGED CHILDREN
TENDER YEARS PRESUMPTION (1) Foundlings
No child under 7 years of age shall be separated (2) Abandoned
from the mother, unless the court finds (3) Neglected
compelling reasons to order otherwise. [Art. (4) Abused
213(2); Gamboa v. CA (2007)] (5) Others similarly situated
Examples of compelling reasons are: PERSONS EXERCISING SPECIAL

(1) When the mother is insane; PARENTAL AUTHORITY [Art. 218, FC]
(2) With a communicable disease that might (1) School, its administrators and teachers; or
endanger the life or health of the child; (2) The individual, entity or institution engaged
(3) Is maltreating the child; or in childcare
(4) Has another child by another man who lives
with her. [Cervantes v. Fajardo (1989)] Note: Exercised over minor child while under
their supervision, instruction or custody.
Alleged lesbianism [Gualberto v. Gualberto
(2005)], prostitution or infidelity to husband Substitute Parental Special Parental
does not necessarily make a mother unfit as Authority Authority
parent. It must be shown that such lesbianism, It is exercised
prostitution or infidelity adversely affects the concurrently with the
child. parental authority of
the parents and rests
SUBSTITUTE AND SPECIAL It is exercised in case
on the theory that
PARENTAL AUTHORITY while the child is in the
of death, absence, or
custody of the person
in case of unsuitability
exercising special
PERSONS EXERCISING SUBSTITUTE of parents.
parental authority, the
PARENTAL AUTHORITY IN DEFAULT parents temporarily
OF PARENTS OR JUDICIALLY relinquish parental
APPOINTED GUARDIAN authority over the
In order: child to the latter.
(1) The surviving grandparent [Art. 214, FC]
(2) Oldest brother or sister, over 21 years old, The special parental authority and responsibility
unless unfit or unqualified. applies to all authorized activities, whether
(3) Child’s actual custodian, over 21 years old, inside or outside the premises of the school,
unless unfit or unqualified. entity or institution. [St. Mary’s Academy v.
Carpitanos (2002)
The same order applies to the appointment of
judicial guardian over the property of the child.
PAGE 66
LIABILITY OF THOSE EXERCISING (4) To administer their property and to use the
SPECIAL PARENTAL AUTHORITY fruits and income for the support of the
children and collective daily needs of the
OVER THE CHILD [Art. 219, FC] family [Art. 225 and 226, FC]
(1) Principal and solidary liability for damages
(5) To give or withhold consent to their
caused by the acts or omissions of the minor
marriage, their marriage settlements, their
child while under their special parental
donations by reason of marriage, adoption,
authority
and employment [Tolentino]
(2) Subsidiary liability for the parents and
(6) To disinherit them for just cause [Tolentino]
judicial guardians of the minor, or those
exercising substitute parental authority over
Art. 220 which states that the parent has a right
such minor for his acts and omissions
to impose necessary discipline on the child does
not authorize the parent to invade or disregard
Both groups can use the defense that they
the child’s honor and dignity under the mask of
exercised proper diligence to avoid liability
discipline. Such acts can never be justified as
parental punishment. [People v. Silvano (1999)]
DOCTRINE OF VICARIOUS LIABILITY
[Art. 2180 (2, 3, 7, 8), CC] DUTIES OF PARENTS UPON THE
(1) The father, and in case of his death, the
mother are responsible for the damages PERSON OF THE CHILDREN
caused by their minor children who live in (1) To support them, providing for their
their company upbringing in accordance with their means
(2) Guardians are liable for damages caused by [Art. 220, FC]
the minors or incapacitated persons who (2) To educate, instruct, and provide them with
are under their authority and live in their moral and spiritual guidance and love and
company understanding [Art. 220, FC]
(3) Teachers or heads of establishments of arts (3) To furnish them with good and wholesome
and trades shall be liable for damages educational materials, supervise their
caused by their pupils and students or activities, recreation and association with
apprentices, so long as they remain in their others, protect them from bad company,
custody and prevent them from acquiring habits
detrimental to their health [Art. 220, FC]
Responsibility in Art. 2180 shall cease when the (4) To perform such other duties as are
persons responsible mentioned prove that they imposed by law [Art. 220, FC]
observed all the diligence of a good father of (5) To give their lawful inheritance [Tolentino]
the family (6) To protect them from unlawful aggression
[Tolentino]
(7) To answer for damages caused by their fault
EFFECT OF PARENTAL or negligence and for the civil liability for
AUTHORITY UPON THE crimes committed by them. [Art. 221, FC]
PERSONS OF THE CHILDREN
SUBSTITUTE REPRESENTATION
RIGHTS OF PARENTS UPON THE The courts may appoint a guardian of the child’s
property, or a guardian ad litem when the best
PERSON OF THE CHILDREN interests of the child so requires. [Art. 222, FC]
(1) To keep them in their company [Art. 220,
FC]
(2) To represent them in all matters affecting
COURT ASSISTANCE IN THE
their interests [Art. 220, FC] DISCIPLINE OF THE CHILD
(3) To demand from them respect and (1) The parents or, in their absence or
obedience and impose necessary discipline incapacity, the individual, entity or
on them [Art. 220, FC] institution exercising parental authority,
may petition the proper court of the place
PAGE 67
where the child resides, for an order bond of not less than 10% of the value of
providing for disciplinary measures over the the child’s property or annual income.
child. [Art. 223, FC]
(2) The child shall be entitled to the assistance PROCEDURE IN THE APPROVAL OF
of counsel, either of his choice or appointed THE PARENT’S BOND [Art. 225, FC]
by the court, and a summary hearing shall (1) A verified petition for approval of the bond
be conducted wherein the petitioner and shall be filed in the proper court of the place
the child shall be heard. [Art. 223, FC] where the child resides.
(3) If the court finds the petition meritorious, (2) If the child resides in a foreign country, the
disciplinary measures may include the petition shall be filed in the proper court of
commitment of the child for not more than the place where the property or any part
30 days in entities or institutions engaged in thereof is situated.
childcare or in children’s homes duly (3) The petition shall be docketed as a
accredited by the proper government summary special proceeding. The court
agency. [Art. 224, FC] shall determine the amount of the bond,
 The parent exercising parental authority but shall not be less than 10% of the market
shall not interfere with the case of the value of the child’s property or of his annual
child whenever committed but shall income.
provide for his support. [Art. 224, FC]
 Upon proper petition or at its own OWNERSHIP OF CHILD’S
instance, the court may terminate the
commitment of the child whenever just
ACQUISITIONS
The property of the unemancipated child earned
and proper. [Art. 224, FC]
or acquired with his work or industry or by
(4) If the court finds the petitioner at fault,
onerous or gratuitous title shall belong to the
irrespective of the merits of the petition, or
child in ownership and shall be devoted
when the circumstances so warrant, the
exclusively to the latter’s support and education,
court may also order the deprivation or
unless the title or transfer provides otherwise.
suspension of parental authority or adopt
[Art. 226, FC]
such other measures as it may deem just
and proper. [Art. 223, FC]
PARENTS’ USUFRUCT
The right of the parents over the fruits and
EFFECTS OF PARENTAL income (not the property itself) of the child’s
AUTHORITY UPON THE property shall be limited primarily to the child’s
PROPERTY OF THE CHILDREN support and secondarily to the collective daily
[Art. 225, FC] needs of the family. [Art. 226, FC]
(1) The father and mother shall jointly exercise
legal guardianship over the property of the WHEN PARENTS ENTRUST THE
minor common child without court MANAGEMENT OF THEIR
appointment. PROPERTIES TO A CHILD [Art. 227, FC]
(2) In case of disagreement, the father’s  If the parents entrust the management or
decision shall prevail, unless there is judicial administration of any of their properties to an
order to the contrary. unemancipated child, the net proceeds of
(3) The ordinary rules on guardianship shall be such property shall belong to the owner.
merely suppletory except when the child is  The child shall be given a reasonable monthly
under substitute parental authority, or the allowance in an amount not less than that
guardian is a stranger, or a parent has which the owner would have paid if the
remarried, in which case the ordinary rules administrator were a stranger, unless the
on guardianship shall apply. owner grants the entire proceeds to the child.
(4) If the market value of the property or the
annual income of the child exceeds
P50,000, the parent is required to furnish a
PAGE 68
 In any case, the proceeds thus given in whole (5) Subjects the child or allows him to be
or in part shall not be charged to the child’s subjected to acts of lasciviousness
legitime.
The aforesaid grounds are to include cases
SUSPENSION OR TERMINATION which resulted from culpable negligence of the
parent or the person exercising parental
OF PARENTAL AUTHORITY; authority.
RA 7610, “CHILD ABUSE LAW”
If the degree of seriousness or the welfare of the
PARENTAL AUTHORITY child so demands, the court may deprive the
guilty party of parental authority or adopt such
PERMANENTLY TERMINATES other measures as may be proper.
(1) Upon death of parents [Art. 228, FC]
(2) Upon death of child [Art. 228, FC]
(3) Upon emancipation of child [Art. 228, FC] PERMANENT DEPRIVATION OF
(4) If the parents exercising parental authority PARENTAL AUTHORITY ON
has subjected the child or allowed him to be GROUNDS OF SEXUAL ABUSE [Art. 232,
subjected to sexual abuse [Art. 232, FC] FC]
If the person exercising parental authority has
In the case of death of parents, there is no subjected or has allowed the child to be
absolute termination of parental authority subjected to sexual abuse, such person shall be
because while the child is still a minor, the permanently deprived of authority over the
grandparents, brothers and sisters, or a child.
guardian may exercise substitute parental
authority over the child [Art. 216, FC] SCOPE OF SUBSTITUTE AND
SPECIAL PARENTAL AUTHORITY [Art.
TERMINATION OF PARENTAL 233, FC]
AUTHORITY WHICH CAN BE REVIVED  The person exercising substitute parental
BY FINAL JUDGMENT [Art. 229, FC] authority shall have the same authority over
(1) Upon adoption of the child; the person of the child as the parents.
(2) Upon the appointment of a general  In no case shall the school administrators,
guardian for the child; teacher or individual engaged in childcare
(3) Upon judicial declaration of exercising special parental authority inflict
(a) Abandonment of the child in a case corporal punishment upon the child.
filed for the purpose
(b) Absence or incapacity of the person RA 7610, “CHILD ABUSE LAW”
exercising parental authority
(4) Upon final judgment of a competent court PERSONS LIABLE
divesting the party concerned of parental (1) Those who engage in or promote, facilitate
authority. or induce child prostitution which include,
but are not limited to, the following:
GROUNDS FOR SUSPENSION OF (a) Acting as a procurer of a child
PARENTAL AUTHORITY [Art. 230 and prostitute;
231, FC] (b) Inducing a person to be a client of a
(1) Conviction of parent for crime which carries child prostitute by means of written or
with it the penalty of civil interdiction oral advertisements or other similar
(2) Treats child with excessive harassment and means;
cruelty (c) Taking advantage of influence or
(3) Gives corrupting orders, counsel, or relationship to procure a child as
example prostitute;
(4) Compels child to beg (d) Threatening or using violence towards a
child to engage him as a prostitute; or
PAGE 69
(e) Giving monetary consideration, goods (10) Any person who engages in the act of
or other pecuniary benefit to a child finding children among low-income
with intent to engage such child in families, hospitals, clinics, nurseries, day-
prostitution. care centers, or other child-caring
(2) Those who commit the act of sexual institutions who can be offered for the
intercourse of lascivious conduct with a purpose of child trafficking
child exploited in prostitution or subject to (11) Any pregnant mother who executes an
other sexual abuse affidavit of consent for adoption for a
(3) Those who derive profit or advantage consideration
therefrom, whether as manager or owner of (12) Any person who shall hire, employ, use,
the establishment where the prostitution persuade, induce or coerce a child to
takes place, or of the sauna, disco, bar, perform in obscene exhibitions and indecent
resort, place of entertainment or shows, whether live or in video, or model in
establishment serving as a cover or which obscene publications or pornographic
engages in prostitution in addition to the materials or to sell or distribute the said
activity for which the license has been materials
issued to said establishment. (13) Any person who shall commit any other acts
(4) Any person who, not being a relative of a of child abuse, cruelty or exploitation or to
child, is found alone with the said child be responsible for other conditions
inside the room or cubicle of a house, an prejudicial to the child's development
inn, hotel, motel, pension house, apartelle (14) Any person who shall keep or have in his
or other similar establishments, vessel, company a minor, 12 years or under or who
vehicle or any other hidden or secluded area is 10 years or more his junior in any public or
under circumstances which would lead a private place, hotel, motel, beer joint,
reasonable person to believe that the child discotheque, cabaret, pension house, sauna
is about to be exploited in prostitution and or massage parlor, beach and/or other
other sexual abuse. tourist resort or similar places
(5) Any person who is receiving services from a  Exception: Any person who is related
child in a sauna parlor or bath, massage within the fourth degree of consanguinity
clinic, health club and other similar or affinity or any bond recognized by law,
establishments. local custom and tradition or acts in the
(6) Any person who shall engage in trading and performance of a social, moral or legal
dealing with children including, but not duty
limited to, the act of buying and selling of a (15) Any person who shall induce, deliver or offer
child for money, or for any other a minor to any one prohibited by RA 7610 to
consideration, or barter keep or have in his company a minor.
(7) Any person who lets a child to travel alone (16) Any person, owner, manager or one
to a foreign country without valid reason entrusted with the operation of any public
therefor and without clearance issued by or private place of accommodation, whether
the Department of Social Welfare and for occupancy, food, drink or otherwise,
Development or written permit or including residential places, who allows any
justification from the child's parents or legal person to take along with him to such place
guardian or places any minor herein described.
(8) Any person, agency, establishment or child- (17) Any person who shall use, coerce, force or
caring institution who recruits women or intimidate a street child or any other child
couples to bear children for the purpose of to:
child trafficking (a) Beg or use begging as a means of living;
(9) Any doctor, hospital or clinic official or (b) Act as conduit or middlemen in drug
employee, nurse, midwife, local civil registrar or trafficking or pushing; or
any other person who simulates birth for the (c) Conduct any illegal activities.
purpose of child trafficking
PAGE 70
Emancipation [as amended by RA SEPARATION IN FACT

A verified petition alleging the following facts is
6809]
required when [Art. 239]:
(1) A husband and wife are separated in fact;
Art. 234, FC. Emancipation takes place by the
or,
attainment of majority. Unless otherwise
(2) One has abandoned the other
provided, majority commences at the age of
eighteen years.
SITUATION
Art. 236, FC. Emancipation shall terminate Where one of them seeks judicial authorization
parental authority over the person and property for a transaction where the consent of the other
of the child who shall then be qualified and spouse is required by law but such consent is
responsible for all acts of civil life, save the withheld or cannot be obtained
exceptions established by existing laws in
special cases. The petition shall:
(1) Attach the proposed deed, if any,
Contracting marriage shall require parental embodying the transaction, if none, shall
consent until the age of twenty-one. describe in detail the said transaction and
state the reason why the required consent
Nothing in this Code shall be construed to thereto cannot be secured.
derogate from the duty or responsibility of (2) The final deed duly executed by the parties
parents and guardians for children and wards shall be submitted to and approved by the
below twenty-one years of age mentioned in the court.
second and third paragraphs of Article 2180 of
the Civil Code. SEPARATE CLAIM FOR DAMAGES
Claims for damages by either spouse, except
costs of the proceedings, may be litigated only
REPUBLIC ACT NO. 6809 in a separate action. [Art. 240,FC]
By virtue of this law, emancipation can no
longer take place by virtue of the minor’s
marriage or by the concession of the parents to
JURISDICTION
a minor in a recorded public instrument. Jurisdiction over the petition shall, upon proof of
notice to the other spouse, be exercised by the
proper court authorized to hear family cases, if
one exists, or in the regional trial court or its
Summary Judicial equivalent sitting in the place where either of
the spouses resides. [Art. 241, FC]
Proceedings in the Family
Law NOTIFICATION TO OTHER SPOUSE
[Art. 242, FC]
PROCEDURAL RULES (1) Upon the filing of the petition, the court
PROVIDED FOR IN THIS TITLE shall notify the other spouse, whose consent
to the transaction is required, of said
SHALL APPLY TO [Art. 238, FC] petition, ordering said spouse to show cause
(1) Separation in fact between husband and why the petition should not be granted, on
wife or before the date set in said notice for the
(2) Abandonment by one of the other initial conference.
(3) Incidents involving parental authority (2) The notice shall be accompanied by a copy
of the petition and shall be served at the
last known address of the spouse
concerned.
PAGE 71
PROCEDURE INCIDENTS INVOLVING

(1) A preliminary conference shall be
conducted by the judge personally without
PARENTAL AUTHORITY
the parties being assisted by counsel.
(2) After the initial conference, if the court PROCEDURE
deems it useful, the parties may be assisted (1) Such petitions shall be verified and filed in
by counsel at the succeeding conferences the proper court of the place where the
and hearings. [Art. 243, FC] child resides. [Art. 250, FC]
(3) If the petition is not resolved at the initial (2) Upon the filing of the petition, the court
conference, said petition shall be decided in shall notify the parents or, in their absence
a summary hearing. or incapacity, the individuals, entities or
 Basis of summary hearing (at the sound institutions exercising parental authority
discretion of the court): over the child. [Art. 251, FC]
(a) Affidavits
(b) Documentary evidence Petitions filed under Articles 223, 225 and 235
(c) Oral testimonies at the court’s sound of this Code involving parental authority shall
discretion. If testimony is needed, the be verified. [Art. 249, FC]
court shall specify the witnesses to be
heard and the subject-matter of their The rules in Chapter 2 hereof shall also govern
testimonies, directing the parties to summary proceedings under this Chapter
present said witnesses. [Art. 246(a), insofar as they are applicable [Art. 253, FC]
FC]
The foregoing rules in Chapter 2 (Separation in
WHEN APPEARANCE OF SPOUSES Fact) and (Incidents Involving Parental
REQUIRED Authority) hereof shall likewise govern summary
(1) In case of non-appearance of the spouse proceedings filed:
whose consent is sought, the court shall (1) Declaration of presumptive death [Art. 41,
inquire into the reasons for his failure to FC]
appear, and shall require such appearance, (2) Delivery of presumptive legitime [Art. 51, FC]
if possible. [Art. 244, FC] (3) Fixing of family domicile [Art. 69, FC]
(2) If, despite all efforts, the attendance of the (4) Disagreements regarding one spouse’s
non-consenting spouse is not secured, the profession, occupation, business, or activity
court may proceed ex parte and render [Art. 73, FC]
judgment as the facts and circumstances (5) Disposition or encumbrance of common
may warrant. In any case, the judge shall property in ACP where one spouse is
endeavor to protect the interests of the non- incapacitated or unable to participate in the
appearing spouse. [Art. 245, FC] administration; administration of absolute
community in a disagreement and the wife
NATURE OF JUDGMENT takes recourse within five years [Art. 96, FC]
(6) Disposition or encumbrance of common
The judgment of the court shall be immediately
property in CPG where one spouse is
final and executory. [Art 247]
incapacitated or unable to participate in the
administration; administration of
RULES APPLICABLE FOR partnership property in a disagreement and
ADMINISTERING OR ENCUMBERING the wife takes recourse within five years,
SEPARATE PROPERTY OF SPOUSE [Art. 124, FC]
The petition for judicial authority to administer
or encumber specific separate property of the When wife and husband are de facto separated
abandoning spouse and to use the fruits or and the CPG is insufficient, the spouse present
proceeds thereof for the support of the family shall, upon a petition, be given judicial authority
shall also be governed by these rules. [Art. 248, to administer or encumber any specific property
FC] of the other spouse and use the fruits and
PAGE 72
proceeds thereof to satisfy the latter’s share. No human remains shall be retained, interred,
[Art. 127, FC] disposed of or exhumed without the consent of
the persons mentioned in articles 294 and 305.
Retroactive Effect DAMAGES

Any person who shows disrespect to the dead,
This Code shall have retroactive effect insofar as
or wrongfully interferes with a funeral shall be
it does not prejudice or impair vested or
liable to the family of the deceased for
acquired rights in accordance with the Civil
damages, material and moral [Art. 309, CC]
Code or other laws. [Art 256, FC]
FUNERAL EXPENSES
The construction of a tombstone or mausoleum
Funeral shall be deemed a part of the funeral expenses,
and shall be chargeable to the conjugal
RELATIVE’S DUTY AND RIGHTS partnership property, if the deceased is one of
the spouses [Art. 310, CC].
TO ARRANGE FUNERALS
The duty and the right to make arrangements
for the funeral of a relative shall be in GUIDELINES IN MAKING
accordance with the order established for FUNERAL ARRANGEMENTS
support, under Article 294 [Art. 305, CC]: (1) The persons who are preferred in the right
(1) Spouse to make funeral arrangements may waive
(2) Descendants in the nearest degree. In case the right expressly or impliedly in which
of descendants of the same degree, the case the right and duty immediately
oldest shall be preferred. descend to the person next in the order.
(3) The ascendants in the nearest degree. In (2) It must be in keeping with the social
case of ascendants, the paternal shall have position of the deceased.
a better right. (3) Law shall prevail over the will of the persons
(4) The brothers and sisters, the oldest shall be who have the right to control the burial of
preferred. deceased – exhumation, evidential purpose,
(5) Municipal authorities, if there are no disposition of corpse by deceased,
persons who are bound to support or if such mutilation of corpses and autopsies.
persons are without means. (4) Corpses which are to be buried at public
expenses may also be used for scientific
NATURE OF FUNERAL purposes under certain conditions.
Every funeral shall be in keeping with the social (5) Expressed wishes of the deceased is given
position of the deceased. [Art. 306] priority provided that it is not contrary to law
and must not violate the legal and
The funeral shall be [Art. 307, CC]: reglementary provisions concerning
(1) In accordance with the expressed wishes of funerals and disposition of the remains
the deceased. (time, manner, place or ceremony)
(2) In the absence of such expression, his (6) In the absence of expressed wishes, his
religious beliefs or affiliation shall religious beliefs or affiliation shall
determine the funeral rites. determine the funeral rights.
(3) In case of doubt, the form of the funeral (7) In case of doubt, the persons in Art. 199
shall be decided upon by the person obliged shall decide.
to make arrangements for the same, after (8) Any person who disrespects the dead or
consulting the other members of the family interferes with the funeral shall be liable for
material and moral damages.
PAGE 73
Use of Surnames (b) She or the former husband is married

again to another person.
(3) When legal separation has been granted,
SURNAMES OF CHILDREN the wife shall continue using her name and
(1) Legitimate and legitimated children shall surname employed before the legal
principally use the surname of the father. separation. [Art. 372, CC]
[Art. 364, CC] (4) A widow may use the deceased husband's
(2) An adopted child shall bear the surname of surname as though he were still living, in
the adopter. [Art. 365, CC] accordance with Article 370. [Art 373, CC]
(3) A natural child acknowledged by both
parents shall principally use the surname of CONFUSION AND CHANGE OF
the father. If recognized by only one of the
parents, a natural child shall employ the
NAMES
In case of identity of names and surnames, the
surname of the recognizing parent. [Art 366,
younger person shall be obliged to use such
CC]
additional name or surname as will avoid
(4) Natural children by legal fiction shall
confusion. [Art. 374, CC]
principally employ the surname of the
father. [Art. 367, CC]
In case of identity of names and surnames
(5) Illegitimate children referred to in Article 287
between ascendants and descendants, the word
shall bear the surname of the mother. [Art
"Junior" can be used only by a son. Grandsons
368, CC]
and other direct male descendants shall either
(6) Children conceived before the decree
[Art. 375, CC]:
annulling a voidable marriage shall
(1) Add a middle name or the mother's
principally use the surname of the father.
surname, or
[Art. 369, CC]
(2) Add the Roman Numerals II, III, and so on.
WIFE AFTER AND DURING Usurpation of a name and surname may be the
MARRIAGE subject of an action for damages and other
(1) A married woman may use [Art. 370, CC]: relief. [Art. 377, CC]
(a) Her maiden first name and surname
and add her husband's surname, or The unauthorized or unlawful use of another
(b) Her maiden first name and her person's surname gives a right of action to the
husband's surname or latter [Art. 378, CC]
(c) Her husband's full name, but prefixing a
word indicating that she is his wife, such The employment of pen names or stage names
as "Mrs." is permitted, provided it is done in good faith
 The wife cannot claim an exclusive and there is no injury to third persons. Pen
right to use the husband’s surname. names and stage names cannot be usurped.
She can’t be prevented from using it; [Art. 379, CC]
but neither can she restrain others
from using it. [Tolentino] Except as provided in the preceding article, no
(2) In case of annulment of marriage, and the person shall use different names and surnames.
wife is the guilty party, she shall resume her [Art 380, CC]
maiden name and surname. If she is the
innocent spouse, she may resume her
maiden name and surname. However, she
may choose to continue employing her
former husband's surname, unless [Art. 371,
CC]:
(a) The court decrees otherwise, or
PAGE 74
Absence had been absent for four consecutive years and

the spouse present has a well-founded belief
that the absent spouse was already dead. In
PROVISIONAL MEASURES IN case of disappearance where there is danger of
CASE OF ABSENCE death under the circumstances set forth in the
provisions of Article 391 of the Civil Code, an
absence of only two years shall be sufficient.
Art. 43, CC. If there is a doubt, as between two
or more persons who are called to succeed each
other, as to which of them died first, whoever SUBSEQUENT MARRIAGE
alleges the death of one prior to the other, shall CONTRACTED WHEN ONE
prove the same; in the absence of proof, it is
presumed that they died at the same time and
SPOUSE IS ABSENT
there shall be no transmission of rights from General rule: Marriage contracted by any person
one to the other. during the subsistence of a previous marriage is
void.
Article 43 provides a statutory presumption
Exceptions:
when there is doubt on the order of death
The following subsequent marriage of the
between persons who are called to succeed each
present spouse is valid:
other (only).
(1) Subsequent marriage due to ordinary
absence where:
The statutory presumption of Article 43 was not
(a) The prior spouse had been absent for 4
applied due to the presence of a credible
consecutive years;
eyewitness as to who died first. [Joaquin v.
(b) The spouse present had a well-founded
Navarro (1948)]
belief that absent spouse is dead; and
(c) Judicial declaration of presumptive
PRESUMPTION IN THE RULES OF death was secured (no prejudice to the
COURT (RULE 131, SEC. 3, (JJ.) effect of the reappearance of the absent
(PRESUMPTION OF SURVIVORSHIP) spouse).
(2) Subsequent marriage due to extraordinary
Age Presumed Survivor absence where:
Both under 15 Older (a) The prior spouse had been missing for 2
Both above 60 Younger consecutive years;
One under 15, the other One under 15 (b) There is danger of death attendant to
above 60 the disappearance [Art. 391, Civil Code];
Both over 15 and under Male (c) The spouse present had a well-founded
60; different sexes belief that the missing person is dead;
Both over 15 and under Older and
60; same sex (d) Judicial declaration of presumptive
One under 15 or over 60, One between 15 and 60
death was secured (no prejudice to the
the other between those
ages effect of the reappearance of the absent
spouse).
Applicable only to two or more persons who
perish in the same calamity, and it is not shown Institution of a summary proceeding is not
who died first, and there are no particular sufficient. There must also be a summary
circumstances from which it can be inferred. judgment. [Balane]
Art. 41, CC. A marriage contracted by any person Only the deserted spouse can file or institute a
summary proceeding for the declaration of
during subsistence of a previous marriage shall
presumptive death of the absentee. [Bienvenido
be null and void, unless before the celebration
case]
of the subsequent marriage, the prior spouse
PAGE 75
There must have been diligent efforts on the WHO MAY BE APPOINTED AS
part of the deserted spouse to locate the absent REPRESENTATIVE
spouse. These diligent efforts correspond to the (1) Spouse present shall be preferred when
requirement of the law for a well-founded there is no legal separation.
belief. (2) If no spouse or spouse is incapacitated, any
competent person.
Exception to the Exception:
Art. 381, CC. When a person disappears from his DECLARATION OF ABSENCE
domicile, his whereabouts being unknown, and
without leaving an agent to administer his Art. 384, CC. Two years having elapsed without
property, the judge, at the instance of an any news about the absentee or since the
interested party, a relative, or a friend, may receipt of the last news, and five years in case
appoint a person to represent him in all that the absentee has left a person in charge of the
may be necessary. administration of his property, his absence may
be declared
This same rule shall be observed when under
similar circumstances the power conferred by Art. 385, CC. The following may ask for the
the absentee has expired. declaration of absence:
(1) The spouse present;
Art. 382, CC. The appointment referred to in the (2) The heirs instituted in a will, who may
preceding article having been made, the judge present an authentic copy of the same;
shall take the necessary measures to safeguard (3) The relatives who may succeed by the law of
the rights and interests of the absentee and intestacy;
shall specify the powers, obligations and (4) Those who may have over the property of
remuneration of his representative, regulating the absentee some right subordinated to
them, according to the circumstances, by the the condition of his death.
rules concerning guardians.
Article 386, CC. The judicial declaration of
Art. 383, CC. In the appointment of a absence shall not take effect until six months
representative, the spouse present shall be after its publication in a newspaper of general
preferred when there is no legal separation. circulation.
If the absentee left no spouse, or if the spouse WHEN MAY ABSENCE BE DECLARED
present is a minor, any competent person may (1) Two years without any news about the
be appointed by the court. absentee
(2) Five years if the absentee left a person in
REQUISITES TO APPOINT charge of administration of his property
REPRESENTATIVE (3) Declaration takes effect only after six
The judge may appoint a person to represent months after publication in a newspaper of
general circulation
absentee when:
(1) Person disappears from his domicile WHO MAY ASK FOR A DECLARATION
(2) His whereabouts are unknown OF ABSENCE
(3) No agent to administer his property
(1) Spouse present
(4) An interested party, a relative, or a friend
(2) Heirs instituted in a will, who may present an
files the action
authentic copy of the same;
(3) Relatives who may succeed by the law of
intestacy;
(4) Those who may have some right over the
property of the absentee, subordinated to the
condition of his death.
PAGE 76
ADMINISTRATION OF THE PRESUMPTION OF DEATH

PROPERTY OF THE ABSENTEE
Art. 390, CC. After an absence of 7 years, it
Art. 387, CC. An administrator of the absentee's being unknown whether or not the absentee
property shall be appointed in accordance with still lives, he shall be presumed dead for all
Article 383. purposes, except for those of succession.
Art. 388, CC. The wife who is appointed as an The absentee shall not be presumed dead for
administratrix of the husband's property cannot the purpose of opening his succession till after
an absence of 10 years. If he disappeared after
alienate or encumber the husband's property, or
that of the conjugal partnership, without judicial the age of 75 years, an absence of 5 years shall
authority. be sufficient in order that his succession may be
opened.
Art. 389, CC. The administration shall cease in
Art. 391, CC. The following shall be presumed
any of the following cases:
(1) When the absentee appears personally or
the estate among the heirs:
by means of an agent;
(2) When the death of the absentee is proved (1) A person on board a vessel lost during a sea
and his testate or intestate heirs appear; voyage, or an aeroplane which is missing,
(3) When a third person appears, showing by a who has not been heard of for four years
proper document that he has acquired the since the loss of the vessel or aeroplane;
absentee's property by purchase or other (2) A person in the armed forces who has taken
title. part in war, and has been missing for four
years;
(3) A person who has been in danger of death
In these cases the administrator shall cease in
the performance of his office, and the property under other circumstances and his
shall be at the disposal of those who may have a existence has not been known for four years.
right thereto.
General rule: A person shall be presumed dead
for all purposes after absence for a period of 7
WHO MAY ADMINISTER THE years.
PROPERTY
(1) Spouse present shall be preferred when Exception: Succession
there is no legal separation  In succession, 10 years is required for
(2) If no spouse or spouse is incapacitated, any presumption of death.
competent person  If absentee disappeared after age of 75, 5
years shall be sufficient.
WHEN WILL THE ADMINISTRATION
OF PROPERTY CEASE? EXTRAORDINARY ABSENCE
Administrator shall cease in performance of his Only 4 years is required for presumption to arise
office, and property shall be disposed in favor of if:
those who have a right thereto when: (1) A person on board a vessel lost during a sea
(1) Absentee appears personally or by means of voyage, or an aeroplane which is missing,
an agent who has not been heard of for four years
(2) Testate or intestate heirs appear, upon proof since the loss of the vessel or aeroplane;
of death of absentee (2) A person in the armed forces who has taken
(3) Third person appears, with a proper part in war, and has been missing for four
document showing he has acquired years;
absentee’s property by purchase or other
title
PAGE 77
(3) A person who has been in danger of death

under other circumstances and his Art. 409, CC. In cases of legal separation,
existence has not been known for four years. adoption, naturalization and other judicial
orders mentioned in the preceding article, it
Although 7 years is required for the presumption shall be the duty of the clerk of the court which
of death of an absentee in the Civil Code, Art. 41 issued the decree to ascertain whether the same
of the Family Code makes an exception for the has been registered, and if this has not been
purpose of remarriage by limiting such done, to send a copy of said decree to the civil
requirement to 4 years. registry of the city or municipality where the
court is functioning.
Art. 41 also limits the required 4 years in Art. 391
for absence under exceptional circumstances to Art. 410, CC. The books making up the civil
only 2 years. register and all documents relating thereto
shall be considered public documents and shall
Art. 392, CC. If the absentee appears, or without be prima facie evidence of the facts therein
appearing his existence is proved, he shall contained.
recover his property in the condition in which it
may be found, and the price of any property that Art. 411, CC. Every civil registrar shall be civilly
may have been alienated or the property responsible for any unauthorized alteration
acquired therewith; but he cannot claim either made in any civil register, to any person
fruits or rents. suffering damage thereby. However, the civil
registrar may exempt himself from such liability
if he proves that he has taken every reasonable
Civil Registrar precaution to prevent the unlawful alteration.
Art. 413, CC. All other matters pertaining to the

ARTICLES 407-413 registration of civil status shall be governed by
special laws.
Art. 407, CC. Acts, events and judicial decrees
concerning the civil status of persons shall be RA 9048 AS AMENDED BY RA
recorded in the civil register. 10172
AN ACT AUTHORIZING THE CITY OR
Art. 408, CC. The following shall be entered in MUNICIPAL CIVIL REGISTRAR OR THE
the civil register: CONSUL GENERAL TO CORRECT A CLERICAL
(1) Births; OR TYPOGRAPHICAL ERROR IN AN ENTRY
(2) Marriages; AND/OR CHANGE OF FIRST NAME OR
(3) Deaths; NICKNAME IN THE CIVIL REGISTER WITHOUT
(4) Legal Separations; NEED OF A JUDICIAL ORDER, AMENDING FOR
(5) Annulments of marriage; THIS PURPOSE ARTICLES 376 AND 412 OF
(6) Judgments declaring marriages void from THE CIVIL CODE OF THE PHILIPPINES
the beginning;
(7) Legitimations; General rule: No entry in a civil register shall be
(8) Adoptions; changed or corrected without a judicial order
(9) Acknowledgments of natural children;
(10) Naturalization; Exception:
(11) Loss, or Clerical or typographical errors;
(12) Recovery of citizenship; Change of: first name or nickname, day and
(13) Civil interdiction; month in the date of birth, or sex of a person
(14) Judicial determination of filiation; This exception applies where it is patently clear
(15) Voluntary emancipation of a minor; and that there was a clerical or typographical error
(16) Changes of name. or mistake in the entry, which can be corrected
PAGE 78
or changed by the concerned city or municipal

civil registrar or consul general in accordance Citizens of the Philippines who are presently
with the provisions of this Act and its residing or domiciled in foreign countries may
implementing rules and regulations file their petition, in person, with the nearest
Philippine Consulates.
Clerical or typographical error – to a mistake
committed in the performance of clerical work in The petitions filed with the city or municipal civil
writing, copying, transcribing or typing an entry registrar or the consul general shall be
in the civil register that is harmless and processed in accordance with this Act and its
innocuous (i.e. misspelled name, misspelled implementing rules and regulations.
place of birth, mistake in the entry of day and
month in the date of birth or the sex of the All petitions for the clerical or typographical
person or the like, which is visible to the eyes or errors and/or change of first names or
obvious to the understanding, and can be nicknames may be availed of only once.
corrected or changed only by reference to other
existing record or records) GROUNDS
Before the amendment by RA 10172, no
WHO MAY FILE THE PETITION AND WHERE?
correction must involve the change of sex, (1) Any person having direct personal interest in
nationality, age or status of the petitioner. After the correction of a clerical or typographical
the amendment, change of sex can now be error in an entry and/or change of first
subjected to correction without judicial order name or nickname in the civil register
under the rules of this Act. (2) Verified petition with the local civil registry
office of the city or municipality
Civil Register – the various registry books and
(a) where the record being sought to be
related certificates and documents kept in the
corrected or changed is kept
archives of the local civil registry offices, (b) where the interested party is presently
Philippine Consulates and of the Office of the residing or domiciled, if it will be
Civil Registrar General. impractical to submit in the place where
record is kept (i.e. when party has
Sec. 3. Who May File the Petition and Where. Any migrated to another place in the
person having direct and personal interest in country)
the correction of a clerical or typographical error (c) nearest Philippine Consulates, if the
in an entry and/or change of first name or petitioner is presently residing or
nickname in the civil register may file, in person, domiciled in foreign countries
a verified petition with the local civil registry
office of the city or municipality where the All petitions for the clerical or typographical
record being sought to be corrected or changed errors and/or change of first names or
is kept. nicknames may be availed of only once.
In case the petitioner has already migrated to Sec. 4. Grounds for Change of First Name or
another place in the country and it would not be Nickname. The petition for change of first name
practical for such party, in terms of
or nickname may be allowed in any of the
transportation expenses, time and effort to following cases:
appear in person before the local civil registrar (1) The petitioner finds the first name or
keeping the documents to be corrected or nickname to be ridiculous, tainted with
changed, the petition may be filed, in person, dishonor or extremely difficult to write or
with the local civil registrar of the place where
pronounce.
the interested party is presently residing or
(2) The new first name or nickname has been
domiciled. The two (2) local civil registrars habitually and continuously used by the
concerned will then communicate to facilitate petitioner and he has been publicly known
the processing of the petition.
PAGE 79
by that first name or nickname in the weeks in a newspaper of general circulation.

community: or
(3) The change will avoid confusion. Furthermore, the petitioner shall submit a
certification from the appropriate law
Sec. 5. Form and Contents of the Petition. The enforcement agencies that he has no pending
petition for correction of a clerical or case or no criminal record.
typographical error, or for change of first name
or nickname, as the case may be, shall be in the The petition and its supporting papers shall be
form of an affidavit, subscribed and sworn to filed in three (3) copies to be distributed as
before any person authorized by the law to follows: first copy to the concerned city or
administer oaths. The affidavit shall set forth municipal civil registrar, or the consul general;
facts necessary to establish the merits of the second copy to the Office of the Civil Registrar
petition and shall show affirmatively that the General; and third copy to the petitioner
petitioner is competent to testify to the matters
stated. The petitioner shall state the particular RULE 108, RULES OF COURT
erroneous entry or entries, which are sought to CANCELLATION OR CORRECTION OF
be corrected and/or the change sought to be ENTRIES IN THE CIVIL REGISTRY
made.
Sec. 1. Who may file petition. Any person
The petition shall be supported with the interested in any act, event, order or decree
following documents: concerning the civil status of persons which has
(1) A certified true machine copy of the been recorded in the civil register, may file a
certificate or of the page of the registry book verified petition for the cancellation or
containing the entry or entries sought to be correction of any entry relating thereto, with the
corrected or changed. Court of First Instance of the province where the
(2) At least two (2) public or private documents corresponding civil registry is located.
showing the correct entry or entries upon
which the correction or change shall be Sec. 2. Entries subject to cancellation or
based; and
correction. Upon good and valid grounds, the
(3) Other documents which the petitioner or following entries in the civil register may be
the city or municipal civil registrar or the cancelled or corrected:
consul general may consider relevant and
(a) births;
necessary for the approval of the petition. (b) marriages;
(c) deaths;
No petition for correction of erroneous entry
(d) legal separations;
concerning the date of birth or the sex of a
(e) judgments of annulments of marriage;
person shall be entertained except if the (f) judgments declaring marriages void from
petition is accompanied by earliest school the beginning;
record or earliest school documents such as, but (g) legitimations;
not limited to, medical records, baptismal (h) adoptions;
certificate and other documents issued by (i) acknowledgments of natural children;
religious authorities; nor shall any entry (j) naturalization
involving change of gender corrected except if
(k) election, loss or recovery of citizenship
the petition is accompanied by a certification
(l) civil interdiction;
issued by an accredited government physician (m) judicial determination of filiation;
attesting to the fact that the petitioner has not (n) voluntary emancipation of a minor; and
undergone sex change or sex transplant. The (o) changes of name.
petition for change of first name or nickname, or
for correction of erroneous entry concerning the
Sec. 3. Parties. When cancellation or correction
day and month in the date of birth or the sex of
of an entry in the civil register is sought, the civil
a person, as the case may be, shall be published
registrar and all persons who have or claim any
at least once a week for two (2) consecutive
PAGE 80
interest which would be affected thereby shall (3) Deaths

be made parties to the proceeding. (4) Legal separations
(5) Judgments of annulments of marriage
Sec. 4. Notice and publication. Upon the filing of (6) Judgments declaring marriages void from
the petition, the court shall, by an order, fix the the beginning
time and place for the hearing of the same, and (7) Legitimations
cause reasonable notice thereof to be given to (8) Adoptions
the persons named in the petition. The court (9) Acknowledgments of natural children
shall also cause the order to be published once (10) Naturalization
a week for three (3) consecutive weeks in a (11) Election, loss or recovery of citizenship
newspaper of general circulation in the (12) Civil interdiction
province. (13) Judicial determination of filiation
(14) Voluntary emancipation of a minor
Sec. 5. Opposition. The civil registrar and any (15) Changes of name
person having or claiming any interest under
the entry whose cancellation or correction is
sought may, within fifteen (15) days from notice
of the petition, or from the last date of
publication of such notice, file his opposition
thereto.
Sec. 6. Expediting proceedings. The court in

which the proceeding is brought may make
orders expediting the proceedings, and may
also grant preliminary injunction for the
preservation of the rights of the parties pending
such proceedings.
Sec. 7. Order. After hearing, the court may either

dismiss the petition or issue an order granting
the cancellation or correction prayed for. In
either case, a certified copy of the judgment
shall be served upon the civil registrar
concerned who shall annotate the same in his
record.
WHO MAY FILE PETITION

Any person interested in any act, event, order or
decree concerning the civil status of persons
which has been recorded in the civil register.
WHERE FILED
Verified petition for cancellation or correction of
entry in the civil registry may be filed with the
Regional Trial Court of the province where the
corresponding civil registry is located.
ENTRIES SUBJECT TO
CANCELLATION/CORRECTION
(1) Births
(2) Marriages
PAGE 81

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TABLE OF CONTENT

FAMILY DOMICILE ...................................... 33

Use of Surnames .............................. 74 Quieting of Title .............................. 101

Possession ...................................... 108 NO PRESCRIPTION APPLICABLE ............. 157

Subject Matter .................................213 Remedies of an Unpaid Seller...... 230

Obligations of the Seller to Transfer Performance of Contract ............... 232

Transfer of Ownership ....................222 Extinguishment of Sale................. 245

Documents of Title ........................ 228

TESTAMENTARY DISPOSITIONS WITH A RIGHT TO RETURN OF CREDIT RECEIVED

AGENCY ......................................... 298 Obligations of the

LIABILITY OF AN INCOMING PARTNER .. 312 Kinds of Agency ..............................329

Contract of Agency .........................325 Obligations of the Principal .......... 340

Modes of Extinguishment ..............342 FORECLOSURE [NCC 2112, 2115] ............. 361

SPECIAL PREFERRED CREDITS ON SPECIFIC Regalian Doctrine ..........................382

LAND TITLES AND DEEDS Original Registration......................384

Estate .............................................. 378 Judicial Confirmation of Imperfect or

CIVIL CODE PROVISIONS DEALING WITH LEGAL CAUSE ........................................... 417

Negligence ..................................... 429

Strict Liability ................................. 446

Acts of Omission and Its Modalities DAMAGES ................................... 450

Actual and Compensatory Damages

Moral Damages ............................. 456

Nominal Damages ........................ 460

Temperate Damages .................... 460

Liquidated Damages...................... 461

Exemplary or Corrective Damages 461

Graduation of Damages ................463

Miscellaneous Rules ..................... 465

Effect and Application of RETROACTIVITY OF LAWS

REPEAL OF LAWS Exception:

But the Court’s interpretation of a statute POLICY ON LAST DAY BEING A

EXEMPTIONS UNDER It is the nationality or citizenship of the

(2) Contracts where Real Property Offered as RULE ON SUCCESSION

RULE RE: JOINT WILLS

Wills Proved and Allowed in a Foreign RULE ON EXTRINSIC VALIDITY OF

CONTRACTS BEFORE unless there are cogent reasons for not

DIVORCE AND SEPARATION obtained abroad by the alien spouse of a

GOVERNING LAW The conduct of a woman of adult age,

PRESUMPTION OF SURVIVORSHIP IN THE MINORITY

Age Presumed Survivor Effects on Contracts

Effect on Crimes or otherwise communicated to him by 2 persons

Exceptions: marriages unless either or both parties

its inexistence, rendering the marriage VOID.

A divorce decree obtained by the foreign spouse

VOID MARRIAGES Molina Guidelines:

There is no requirement that the respondent be Void subsequent marriages

Under the Civil Code (superseded by the Family

Can be instituted by Although 7 years is required for the presumption

(4) Insurance benefits – innocent spouse may VOIDABLE OR ANNULLABLE

Action to Annul  Law presumes sanity, burden of proof on party

 Reason: danger to the health of spouse &

WHO MAY FILE, PRESCRIPTION, RATIFICATION

Ground Who can file Prescription Ratification

Marriages Not Subject to Ratification/ EFFECTS OF NULLITY

JURISDICTION legal separation. [People v. Zapata and Bondoc

The death of one party in a legal separation case

(a) Threatening to deprive or actually DEFENSES

EFFECTS OF FILING PETITION RECONCILIATION

ANNEX TO VOID AND VOIDABLE MARRIAGES

Void Marriages Voidable Marriages Legal Separation

EFFECTS OF FILING / PENDING DECREE

Void/Voidable Marriages Legal Separation

EFFECTS OF AFFIDAVIT OF REAPPEARANCE, JUDICIAL DECLARATION OF