Ktrl+ Civil Law Review I (Persons + Family Relations, Property, Succession) – Atty.
Legaspi
Academic Year 2018-2019
PERSONS AND FAMILY
RELATIONS
I. Preliminary Title; Human Relations;
Personality; Domicile; NCC
a. Effectivity of Laws; Requirement of
Publication
Article 2, As Amended (New Civil Code aka
NCC) - Laws shall take effect after
fifteen (15) days following (from) the
completion of their publication in the
Official Gazette, unless it is otherwise
provided. This Code shall take effect one
year after such publication.
Art. 5, Labor Code – The DOLE and
other government agencies
charged with the administration and
enforcement of this (Labor) Code xx
xx xx shall promulgate the
necessary IRRs. Such IRRs shall
become effective 15 days after
announcement of their adoption
in newspapers of general
circulation;
Note: as you can see above, the Labor
Code provided a different manner of its
effectivity. This is an example of the
exception to the general rule of effectivity of
laws as provided by Article 2 of the Civil
Code.
Administrative Code of 1987 Book VII,
Chapter 2
Sec. 3(1) Filing. – Every agency shall file
with the University of the Philippines Law
Center (UP LAW CENTER) three (3)
certified copies of every rule adopted by
it. Rules in force on the date of effectivity of
this Code which are not filed within three (3)
months from that date shall not thereafter
be the basis of any sanction against any
party or persons.
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Note: The Administrative Code provides
additional requirement in the manner of
rulemaking by every government agencies.
As such, the DOLE and other agencies
shall have to follow the above requirement
before their IRRs are to be considered
effective.
Sec. 4 Effectivity. - In addition to other rule-
making requirements provided by law not
inconsistent with this Book, each rule shall
become effective fifteen (15) days from
the date of filing as above provided
unless a different date is fixed by law, or
specified in the rule in cases of imminent
danger to public health, safety and
welfare, the existence of which must be
expressed in a statement
accompanying the rule. The agency shall
take appropriate measures to make
emergency rules known to persons who
may be affected by them.
Note: On the other hand, Sec. 4 provides
for the period overriding the Civil Code.
Thus, we can say that publication in the
official gazette or in newspapers of general
circulation is not enough even if it was
completed after 15 days. Stating it
differently, and in harmony with both code,
the word completion provided by the Civil
Code would now mean as comprising the
requirement of both publication and filing to
the UP Law Center as for IRRs; after which,
the 15 day period from “completion” would
count. The other language provided by the
Administrative Code on this note would be
exceptions to the requirement as to the
period of effectivity of IRRs – i.e. “unless a
different date is fixed by law, or specified in
the rule in cases of imminent danger to
public health, safety and welfare”.
Sec. 1, BSP Circular 799 – The rate
of interest for (1) loan or
forbearance of any money,
goods or credits and (2) the rate
allowed in judgments, in the
absence of an express contract as
to such rate of interest, shall be 6%
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Ktrl+ Civil Law Review I (Persons + Family Relations, Property, Succession) – Atty. Legaspi
Academic Year 2018-2019

per annum. (Effective on July 1, are no vested rights in rules of

2013) procedure;

Note: It means that since the circular 3. IF THE STATUTE IS PENAL IN

provided for a specific effectivity date, the NATURE AND FAVORABLE TO THE
general rule on effectivity will not apply. ACCUSED/CONVICT PROVIDED HE IS
Another thing to remember about this BSP NOT A HABITUAL DELINQUENT;
Circular is that, loans contracted and
judgments rendered before July 1, 2013 4. IF THE LAW IS OF EMERGENCY
would still be subjected the 12% interest NATURE AND ARE AUTHORIZED BY
rate. THE POLICE POWER OF THE
GOVERNMENT – See Sec. 4,
b. Non-retroactive application of laws – Administrative Code as to executive
prospectivity of laws (lex prospicit, non issuances, i.e. “unless a different date is
respicit); exceptions – when may laws be fixed by law, or specified in the rule in
given retroactive effect cases of imminent danger to public health,
safety and welfare, the existence of which
Arts. 3, Civil Code – Ignorance of the law must be expressed in a statement
excuses no one from compliance therewith. accompanying the rule. The agency shall
take appropriate measures to make
Art. 4, Civil Code – Laws shall have no emergency rules known to persons who
retroactive effect, unless the contrary is may be affected by them”;
provided.
5. IF THE LAW IS CURATIVE IN NATURE
lex prospicit, non respicit (the law looks AND DOES NOT IMPAIR VESTED
forward and not backward) RIGHTS NOR AFFECT FINAL
JUDGMENTS;
Note: This means that laws must not be
applied retroactively as to apply to pending 6. IF A SUBSTANTIVE RIGHT IS TO BE
disputes and cases. Stated differently, DECLARED FOR THE FIRST TIME AND
everything which transpired is governed by DOES NOT IMPAIR PRIOR VESTED
the laws in effect during the happening of RIGHTS.
its events, e.g. so as not to disturb the
consequences of prior or pending Art. 105, Chapter 4 Conjugal
transactions. Partnership of Gains, Family Code
– xxx xxx xxx. The provisions of
While in general, laws are prospective, this Chapter shall also apply to
they are retroactive in the following conjugal partnerships of gains
instances: already established between
spouses before the effectivity of
1. IF THE LAW ITSELF EXPRESSLY this Code, without prejudice to
PROVIDES FOR ITS RETROACTIVITY vested rights already acquired in
(Art. 4, Civil Code) – but in no case may accordance with the Civil Code or
an ex post facto law be passed (a law other laws, as provided in Article
that criminalizes an act done before it has 256.
been passed whereas the act was innocent
when done); Art. 256 Family Code – This Code
shall have retroactive effect insofar
2. IF THE LAW IS REMEDIAL IN NATURE as it does not prejudice or impair
(procedural/remedial laws) – since there vested or acquired rights in
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Ktrl+ Civil Law Review I (Persons + Family Relations, Property, Succession) – Atty. Legaspi
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accordance with the Civil Code or
other laws.
c. Stare Decisis (doctrine of adherence to
precedents); decisis et non quieta movere
- stand by the thing and do not disturb the
calm.
Article 8, Civil Code – Judicial decisions
applying or interpreting the laws or the
Constitution shall form a part of the legal
system of the Philippines (Stare Decisis -
doctrine of adherence to precedents); Case
Law
Ting v. Velez-Ting (GR # 166562) –
The principle of stare decisis enjoins
adherence by lower courts to doctrinal
rules established by the Supreme Court in
its final decisions. It is based on the
principle that once a question of law has
been examined and decided, it should be
deemed settled and closed to further
argument. Basically, it is a bar to any
attempt to relitigate the same issues,
necessary for two simple reasons:
economy and stability. It is an established
rule to abide by former precedents where
the same points come again in litigation.
As the rule evolved, early limits to its
application were recognized: (1) it would
not be followed if it were "plainly
unreasonable"; (2) where courts of
equal authority developed conflicting
decisions; and, (3) the binding force of
the decision was the "actual principle or
principles necessary for the decision;
not the words or reasoning used to
reach the decision".
Two strains of stare decisis have been
isolated by legal scholars. The first, known
as vertical stare decisis deals with the
duty of lower courts to apply the decisions
of the higher courts to cases involving the
same facts (as an obligation). The second,
known as horizontal stare decisis
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requires that high courts must follow its
own precedents (as a policy).
It is also instructive to distinguish the two
kinds of horizontal stare decisis —
Constitutional stare decisis involves
judicial interpretations of the Constitution
while statutory stare decisis involves
interpretations of statutes. The courts enjoy
more flexibility in refusing to apply stare
decisis in constitutional litigations.
In general, courts follow the stare decisis
rule for an ensemble of reasons, viz.: (1) it
legitimizes judicial institutions; (2) it
promotes judicial economy; and, (3) it
allows for predictability.
Contrariwise, courts refuse to be bound by
the stare decisis rule where (1) its
application perpetuates illegitimate and
unconstitutional holdings; (2) it cannot
accommodate changing social and
political understandings; (3) it leaves
the power to overturn bad constitutional
law solely in the hands of Congress; and,
(4) activist judges can dictate the policy
for future courts while judges that
respect stare decisis are stuck agreeing
with them.
4-pronged test whether a court should
follow stare decisis rule: The court should
(1) determine whether the rule has
proved to be intolerable simply in
defying practical workability; (2)
consider whether the rule is subject to a
kind of reliance that would lend a
special hardship to the consequences
of overruling and add inequity to the
cost of repudiation; (3) determine
whether related principles of law have
so far developed as to have the old rule
no more than a remnant of an
abandoned doctrine; and, (4) find out
whether facts have so changed or come
to be seen differently, as to have robbed
the old rule of significant application or
justification.
Ktrl+ Civil Law Review I (Persons + Family Relations, Property, Succession) – Atty. Legaspi
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It is only when a prior ruling of this Court is
overruled, and a different view is adopted,
that the new doctrine may have to be
applied prospectively in favor of parties
who have relied on the old doctrine and
have acted in good faith, in accordance
therewith under the familiar rule of “lex
prospicit, non respicit”. In short, the
principle of non-retroactivity of laws applies
in case law.
d. Articles 15, 16, 17, 50, 51 (New Civil
Code); Article 26, Family Code
Art. 15. Laws relating to family rights and
duties, or to the status, condition and
legal capacity of persons are binding
upon citizens of the Philippines, even
though living abroad.
Art. 16. Real property as well as personal
property (PROPERTIES) is subject to the
law of the country where it is stipulated.
However, intestate and testamentary
successions, both with respect to the
order of succession and to the amount of
successional rights and to the intrinsic
validity of testamentary provisions, shall
be regulated by the national law of the
person whose succession is under
consideration, whatever may be the nature
of the property and regardless of the
country wherein said property may be
found. (10a)
Art. 17. The forms and solemnities of
contracts, wills, and other public
instruments shall be governed by the laws
of the country in which they are executed.
When the acts referred to are executed
before the diplomatic or consular officials of
the Republic of the Philippines in a foreign
country, the solemnities established by
Philippine laws shall be observed in their
execution.
Prohibitive laws concerning persons, their
acts or property, and those which have, for
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their object, public order, public policy and
good customs shall not be rendered
ineffective by laws or judgments
promulgated, or by determinations or
conventions agreed upon in a foreign
country. (11a)
Art. 26. All marriages solemnized
outside the Philippines, in
accordance with the laws in force in
the country where they were
solemnized, and valid there as such,
shall also be valid in this country,
except those prohibited under
Articles 35 (1), (4), (5) and (6), 36,
37 and 38. (17a)
Where a marriage between a
Filipino citizen and a foreigner is
validly celebrated and a divorce is
thereafter validly obtained abroad
by the alien spouse capacitating
him or her to remarry, the Filipino
spouse shall have capacity to
remarry under Philippine law.
e. Human Relations; Abuse of Rights,
Unjust Enrichment; Malicious Prosecution;
Independent Civil Action; Arts. 1724; 2142;
2154; 2164; 2176, NCC
Art. 1724. The contractor who undertakes
to build a structure or any other work for a
stipulated price, in conformity with plans
and specifications agreed upon with the
land-owner, can neither withdraw from the
contract nor demand an increase in the
price on account of the higher cost of labor
or materials, save when there has been a
change in the plans and specifications,
provided:
(1) Such change has been authorized by
the proprietor in writing; and
(2) The additional price to be paid to the
contractor has been determined in writing
by both parties.
Title XVII. - EXTRA-CONTRACTUAL
OBLIGATIONS
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Ktrl+ Civil Law Review I (Persons + Family Relations, Property, Succession) – Atty. Legaspi
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CHAPTER 1
QUASI-CONTRACTS
Art. 2142. Certain lawful, voluntary and
unilateral acts give rise to the juridical
relation of quasi-contract to the end that no
one shall be unjustly enriched or benefited
at the expense of another.
SECTION 2. - Solutio Indebiti
Art. 2154. If something is received when
there is no right to demand it, and it was
unduly delivered through mistake, the
obligation to return it arises.
SECTION 3. - Other Quasi-Contracts
Art. 2164. When, without the knowledge of
the person obliged to give support, it is
given by a stranger, the latter shall have a
right to claim the same from the former,
unless it appears that he gave it out of piety
and without intention of being repaid.
CHAPTER 2
QUASI-DELICTS
Art. 2176. Whoever by act or omission
causes damage to another, there being
fault or negligence, is obliged to pay for the
damage done. Such fault or negligence, if
there is no pre-existing contractual relation
between the parties, is called a quasi-delict
and is governed by the provisions of this
Chapter.
g. Domicile; Arts 50 & 51 NCC; Arts. 68 &
69, FC; Residence v. Domicile; Annulment
or Nullity of Marriages – AM 02-11-10 SC;
Settlement of Estate; Election laws
Art. 50. For the exercise of civil rights and
the fulfillment of civil obligations, the
domicile of natural persons is the place of
their habitual residence. (40a)
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Art. 51. When the law creating or
recognizing them, or any other provision
does not fix the domicile of juridical persons,
the same shall be understood to be the
place where their legal representation is
established or where they exercise their
principal functions.
Domicile is a person’s permanent place of
dwelling. It is a legal relationship between
a person and a locality. It may or may not
be of same meaning as the term
‘residence’.
The concept of domicile has different
meanings in different context. For
purposes of jurisdiction, “domicile” means
a legal residence which is the place where
a person has fixed dwelling with an
intention of making it his/her permanent
home.
Domicile is a combination of two factors
namely, residence and intent to remain.
As the term domicile includes residence,
the scope and significance of the term
domicile is larger than the term
residence. An individual may have several
residences whereas; s/he will have only
one domicile. Domicile is more used in
reference to personal rights, duties and
obligations.
Generally residence is referred to a place,
where one person lives. It is also a building
used as home. Residence is of a more
temporary nature compared to domicile.
An individual’s present physical location of
stay is residence. It may be one among
several places where a person may be
present. Residence can also be referred to
a person’s fixed place of stay without any
intention to move from there.
Domicile involves intent of an individual
whereas, residence is something objective.
A person may have his/her residence in
one place and his/her domicile in another.
Ktrl+ Civil Law Review I (Persons + Family Relations, Property, Succession) – Atty. Legaspi
Academic Year 2018-2019

Whether the term ‘residence’ used in a

statute will be construed as having the
meaning of ‘domicile’, or vice versa,
depends on the purpose of the statute.
Also, the nature of the subject matter as
well as the context in which the term is used
would be taken into consideration.

The terms are given equivalent meaning

when used in connection with subjects of
domestic policy. These terms are given
equal meaning where a statute stipulates
residence as a qualification for the
enjoyment of a privilege or the right of
voting in an election.

Residency is a more flexible concept than

domicile, and permanency is not a
requirement for residency. Even a
temporary and transient place of dwelling
can qualify as residence. In addition, a
minor is legally unable to establish a
residence separate and apart from their
parents

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II. Marriage (Arts. 1-54 Family Code)
Article 1. Marriage is a special contract of
permanent union between a man and a
woman entered into in accordance with
law for the 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 subject to
stipulation, except that marriage
settlements may fix the property relations
during the marriage within the limits
provided by this Code.
A. Classification of Marriages/
Relationships:
Valid – Art. 4. The absence of any of the
essential or formal requisites shall render
the marriage void ab initio, except as stated
in Article 35(2) – Those solemnized by any
person not legally authorized to perform
marriages unless such marriages were
contracted with either or both parties
believing in good faith that the solemnizing
officer had the legal authority to do so.
Art. 2. No marriage shall be valid, unless
these essential requisites are present:
(1) Legal capacity of the contracting parties
who must be a male and a female; and
(2) Consent freely given in the presence of
the solemnizing officer.
Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the
cases provided for in Chapter 2 of this Title
- Marriages Exempted from License
Requirement (articulo mortis, etc.); and
(3) A marriage ceremony – appearance of
the contracting parties before the
solemnizing officer and their personal
declaration that they take each other as
husband and wife in the presence of not
less than two witnesses of legal age.
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Note: per Atty. Rex Sandoval,
psychological capacity is another
(6th) requisite for its absence avoids
a marriage.
Art. 36. A marriage contracted by
any party who, at the time of the
celebration, was psychologically
incapacitated to comply with the
essential marital obligations of
marriage, shall likewise be void
even if such incapacity becomes
manifest only after its solemnization.
Art. 26. All marriages solemnized outside
the Philippines, in accordance with the
laws in force in the country where they were
solemnized, and valid there as such, shall
also be valid in this country, except those
prohibited under Articles 35 (1), (4), (5) and
(6), 36, 37 and 38.
Art. 37. Marriages between the following
are incestuous and void from the
beginning, whether relationship between
the parties be legitimate or illegitimate:
(1) Between ascendants and
descendants of any degree; and
(2) Between brothers and sisters, whether
of the full or half blood. (81a)
Art. 38. The following marriages shall be
void from the beginning for reasons of
public policy:
(1) Between collateral blood relatives
whether legitimate or illegitimate, up to the
fourth civil degree;
(2) Between step-parents and step-
children;
(3) Between parents-in-law and children-
in-law;
(4) Between the adopting parent and the
adopted child;
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(5) Between the surviving spouse of the
adopting parent and the adopted child;
(6) Between the surviving spouse of the
adopted child and the adopter;
(7) Between an adopted child and a
legitimate child of the adopter (between
adopted and illegitimate not an issue);
(8) Between adopted children of the
same adopter (between adopted and
illegitimate not an issue); and
(9) Between parties where one, with the
intention to marry the other, killed that other
person's spouse, or his or her own spouse.
(82)
Voidable – Art. 45. A marriage may be
annulled for any of the following causes,
existing at the time of the marriage:
(1) That the party in whose behalf it is
sought to have the marriage annulled was
eighteen years of age or over but below
twenty-one, and the marriage was
solemnized without the consent of the
parents, guardian or person having
substitute parental authority over the party,
in that order, unless after attaining the age
of twenty-one, such party freely cohabited
with the other and both lived together as
husband and wife;
(2) That either party was of unsound mind,
unless such party after coming to reason,
freely cohabited with the other as husband
and wife;
(3) That the consent of either party was
obtained by fraud, unless such party
afterwards, with full knowledge of the facts
constituting the fraud, freely cohabited with
the other as husband and wife;
(4) That the consent of either party was
obtained by force, intimidation or undue
influence, unless the same having
disappeared or ceased, such party
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thereafter freely cohabited with the other as
husband and wife;
(5) That either party was physically
incapable of consummating the marriage
with the other, and such incapacity
continues and appears to be incurable; or
(6) That either party was afflicted with a
sexually-transmissible disease found to be
serious and appears to be incurable.
Note: marriages are voidable due to
defects in consent.
Void – See Valid (Art. 4); Art. 35. The
following marriages shall be void from the
beginning:
(1) Those contracted by any party below
eighteen years of age even with the
consent of parents or guardians (DUE TO
ABSENCE OF LEGAL CAPACITY);
(2) Those solemnized by any person not
legally authorized to perform marriages
unless such marriages were contracted
with either or both parties believing in good
faith that the solemnizing officer had the
legal authority to do so (DUE TO
ABSENCE OF AUTHORITY);
(3) Those solemnized without license,
except those covered the preceding
Chapter (DUE TO ABSENCE OF VALID
MARRIAGE LICENSE);
(4) Those bigamous or polygamous
marriages not failing under Article 41 (DUE
TO ABSENCE OF VALID MARRIAGE
LICENSE [see Art. 11(5)]; 41 first
sentence);
(5) Those contracted through mistake of
one contracting party as to the identity of
the other (DUE TO ABSENCE OF
CONSENT FREELY GIVEN); and
(6) Those subsequent marriages that are
void under Article 53 (DUE TO ABSENCE
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OF VALID MARRIAGE LICENSE [see Art.
11(5); 13; 40; 41; 52; 53]).
** (7) Art. 44. If both spouses of the
subsequent marriage acted in bad faith,
said marriage shall be void ab initio xxx xx
xxx (DUE TO ABSENCE OF VALID
MARRIAGE LICENSE [see Art. 11(5); 13;
40; 41; 52; 53]).
Art. 40. The absolute nullity of a previous
marriage may be invoked for purposes of
remarriage on the basis solely of a final
judgment declaring such previous
marriage void.
Art. 52. The judgment of annulment or of
absolute nullity of the marriage, the
partition and distribution of the properties of
the spouses and the delivery of the
children's presumptive legitimes shall be
recorded in the appropriate civil registry
As requirements for remarriage
Art. 53. Either of the former spouses may
marry again after compliance with the
requirements of the immediately preceding
Article; otherwise, the subsequent
marriage shall be null and void
BUT
Art. 13. In case either of the contracting
parties has been previously married, the
applicant shall be required to furnish xxx xx
xxx, the judicial decree of the absolute
divorce, or the judicial decree of annulment
or declaration of nullity of his or her
previous marriage.
JUDICIAL DECREE??? ONLY ISSUE
AFTER FACT OF REGISTRATION??
Terminable
 Subsequent marriages during the
subsistence of a previous marriage
whereas the prior spouse
(absentee spouse) of the present
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spouse has been absent for 4
consecutive years before the
remarriage and died based on
well-founded belief.
 Subsequent marriages during the
subsistence of a previous marriage
whereas the prior spouse
(absentee spouse) of the present
spouse has disappeared for 2
consecutive years before the
remarriage under circumstances
where danger of death is present.
For purposes of subsequent marriages as
above, both must be preceded by a
summary proceeding instituted by the
present spouse for the declaration of
presumptive death of the absentee. This is
without prejudice to the effect of
reappearance of the absentee spouse (that
is TERMINABLE under Art. 42).
Art. 42. The subsequent marriage referred
to in the preceding Article shall be
automatically terminated by the
recording of the affidavit of
reappearance of the absent spouse with
the civil registry of the residence of the
parties to the subsequent marriage, with
due notice to them, which affidavit must
contain the fact and circumstances of
reappearance (administrative proceeding
is enough provided only summary
proceeding for declaration of presumptive
death was initiated by the present spouse.
However, the fact of reappearance may be
judicially disputed).
Recording of reappearance is not enough if
the previous marriage was also annulled or
declared void. This is because annulment
or declaration of nullity is not a summary
proceeding, and the remedy should be to
seek the court granting the decree to
vacate the same.
Divorce – Philippine law does not know the
animal called divorce. The word divorce
can only be found in Art. 13 of the Family
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Code being its decree is a requirement for
the issuance of a marriage license for
contracting parties who have been
previously married (abroad and between a
Filipino citizen and a foreigner); and, in Art.
26 which allows Filipino spouse to have a
capacity to remarry after the foreign spouse
validly obtained a divorce decree abroad.
Legal Separation
Art. 55. A petition for legal separation may
be filed on any of the following grounds:
(1) Repeated physical violence or
grossly abusive conduct directed against
the petitioner, a common child, or a child of
the petitioner;
(2) Physical violence or moral pressure
to compel the petitioner to change
religious or political affiliation;
(3) Attempt of respondent to corrupt or
induce the petitioner, a common child, or a
child of the petitioner, to engage in
prostitution, or connivance in such
corruption or inducement;
(4) Final judgment sentencing the
respondent to imprisonment of more
than six years, even if pardoned;
(5) Drug addiction or habitual
alcoholism of the respondent;
(6) Lesbianism or homosexuality of the
respondent;
(7) Contracting by the respondent of a
subsequent bigamous marriage,
whether in the Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against
the life of the petitioner; or
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(10) Abandonment of petitioner by
respondent without justifiable cause for
more than one year.
For purposes of this Article, the term "child"
shall include a child by nature or by
adoption
Separation in Fact – separation without
just cause under Art. 55. Separation
without the benefit of any legal remedies.
EFFECTS
Art. 100. The separation in fact between
husband and wife shall not affect the
regime of absolute community except
that:
(1) The spouse who leaves the conjugal
home or refuses to live therein, without
just cause, shall not have the right to be
supported;
(2) When the consent of one spouse to any
transaction of the other is required by law,
judicial authorization shall be obtained
in a summary proceeding;
(3) In the absence of sufficient community
property, the separate property of both
spouses shall be solidarily liable for the
support of the family. The spouse present
shall, upon proper petition in a
summary proceeding, be given judicial
authority to administer or encumber any
specific separate property of the other
spouse and use the fruits or proceeds
thereof to satisfy the latter's share.
Common Law Relationship
Art. 147. When a man and a woman who
are capacitated to marry each other, live
exclusively with each other as husband
and wife without the benefit of marriage
Art. 34. No license shall be necessary for
the marriage of a man and a woman who
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have lived together as husband and wife  Petition for Annulment of Voidable
for at least five years and without any Marriages for grounds specified
legal impediment to marry each other. under Article 45 of the Family Code
The contracting parties shall state the may be filed by the following:
foregoing facts in an affidavit before any
person authorized by law to administer a) Husband/Wife whose
oaths. The solemnizing officer shall also parents or persons
state under oath that he ascertained the exercising substitute
qualifications of the contracting parties are parental authority or having
found no legal impediment to the marriage. legal charge upon them did
not give consent (within 5
years after H/W attained 21
Annulment of Judgement, Rule 47 y.o. [free cohabitation by the
petitioner-spouse with the
A.M. No. 02-11-10-SC (March 4, 2003 RE: respondent-spouse after
PROPOSED RULE ON DECLARATION attainment of 21 y.o. is a
OF ABSOLUTE NULLITY OF VOID defense against him/her])
MARRIAGES AND ANNULMENT OF b) Sane Spouse who had no
VOIDABLE MARRIAGES) knowledge of the other’s
insanity (at any time before
Absolute Nullity of “Void Marriages” the death of either spouse);
c) Relative, Guardian,
 Petition for Declaration of Absolute Person Having Legal
Nullity of Void Marriages may be Charge, respectively of the
filed solely by the husband or the insane (at any time before
wife; the death of either spouse);
 An action or defense for the d) Insane Spouse during lucid
declaration of absolute nullity of interval or after regaining
void marriage shall not prescribe; sanity (at any time before
 If the ground of the petition is under the death of either spouse
Article 36 of the Family Code, i.e. [free cohabitation by the
void marriage due to psychological petitioner-insane-spouse
incapacity to comply with the with the other spouse
essential marital obligations by any {insane or not lol!} after
party thereto, complete facts coming to reason is a
showing: 1.) either or both parties’ defense against him/her]);
psychological incapacity at the time e) Injured Party/Spouse
of the celebration of marriage even  whose consent was
if such incapacity manifested only vitiated, e.g. by fraud,
after celebration; 2.) physical force, intimidation,
manifestations, if any, indicative of or undue influence
such incapacity at the time of the (within 5 years after
celebration of the marriage (expert discovery of fraud by
opinion need not be alleged in the petitioner-spouse or
complaint for it is a matter of from cessation or
evidence); disappearance of
force, intimidation,
Annulment of “Voidable Marriages” or undue influence
[free cohabitation by
the petitioner-
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spouse with the  Names and ages of the common

respondent-spouse children;
is a defense against  Property Regime and the list of
him/her {for fraud: properties involved;
provided petitioner  Provisional Order for spousal
spouse has full support, custody and support of
knowledge of the common children, visitation,
facts constituting visitation rights, administration of
fraud}]); community or conjugal property,
 where the other and other matters similarly requiring
spouse is physically urgent action if no written
incapable of agreement to effect;
consummating the  Verification and Certification
marriage AND such Against Forum Shopping which
incapability shall be authenticated if the
continues and petitioner is in a foreign country by
appears to be a duly authorized officer of the
incurable; or where Philippine embassy;
the other party was  Petition shall be filed in six copies.
afflicted with a Copies shall be served by the
sexually- petitioner with the Office of the
transmissible Solicitor General and the Office of
disease found to be the City or Provincial Prosecutor,
serious and appears within five days from the date of its
to be incurable filing and submit to the court proof
(within five years of such service within the same
after the celebration period.
of marriage);
Failure to comply with any of the
Venue – In the Family Court of Province or preceding requirements (including
City where petitioner or respondent actually filing with six copies and service of
resides for at least 6 months prior the filing the same) may be a ground for
date. In case of non-resident respondent, immediate dismissal of the petition.
wherever he may be found without said
period of residency.
SC, RA 11313 “Safe Spaces Law”

Contents / Matters included in the

Petition

 The above-stated factual

antecedents of the cause of action ;

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III. Legal Separation (Title II, Articles 55-
67);
AM 02-11-12 SC (re: Proposed Rule on
Provisional Orders)
Provisional Orders are orders issued by
the court in a petition for declaration of
absolute nullity of void marriage,
annulment of voidable marriage, or for
legal separation for:
a) Spousal Support;
b) Child Support;
c) Child Custody;
d) Visitation Rights;
e) Hold Departure Order; and,
f) Administration of Common Property
Protection Orders are orders issued by
the court in a petition for declaration of
absolute nullity of void marriage,
annulment of voidable marriage, or for
legal separation directing the respondent:
a) to stay away from the home, school,
business, or place of employment of
the child, other parent or any other
party, and to stay away from any
other specific place designated by
the court;
b) to refrain from harassing,
intimidating, or threatening such child
or the other parent or any person to
whom custody of the child is
awarded;
c) (c) to refrain from acts of commission
or omission that create an
unreasonable risk to the health,
safety, or welfare of the child;
d) (d) to permit a parent, or a person
entitled to visitation by a court order
or a separation agreement, to visit the
child at stated periods;
e) (e) to permit a designated party to
enter the residence during a specified
period of time in order to take
persona! belongings not contested in
a proceeding pending with the Family
Court;
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f) (f) to comply with such other orders
as are necessary for the protection of
the child.
Section 1. When Issued, - Upon receipt of
a verified petition for declaration of
absolute nullity of void marriage or for
annulment of voidable marriage, or for legal
separation, and at any time during the
proceeding, the court, motu proprio or upon
application under oath of any of the parties,
guardian or designated custodian, may
issue provisional orders and protection
orders with or without a hearing. These
orders may be enforced immediately, with
or without a bond, and for such period and
under such terms" and conditions as the
court may deem necessary.
Section 2. Spousal Support. - In
determining support for the spouses, the
court may be guided by the following rules:
(a) In the absence of adequate provisions
in a written agreement between the
spouses, the spouses may be supported
from the properties of the absolute
community or the conjugal partnership.
(b) The court may award support to either
spouse in such amount and for such period
of time as the court may deem just and
reasonable based on their standard of
living during the marriage.
(c) The court may likewise consider the
following factors: (1) whether the spouse
seeking support is the custodian of a child
whose circumstances make it appropriate
for that spouse not to seek outside
employment; (2) the time necessary to
acquire sufficient education and training to
enable the spouse seeking support to find
appropriate employment, and that spouse's
future earning capacity; (3) the-duration of
the marriage; (4) the comparative financial
resources of the spouses, including their
comparative earning abilities in the labor
market; (5) the needs and obligations of
each spouse; (6) the contribution of each
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spouse to the marriage, including services
rendered in home-making, child care,
education, and career building of the other
spouse; (7) the age and health of the
spouses; (8) the physical and emotional
conditions of the spouses; (9) the ability of
the supporting spouse to give support,
taking into account that spouse's earning
capacity, earned and unearned income,
assets, and standard of living; and (10) any
other factor the court may deem just and
equitable.
(d) The Family Court may direct the
deduction of the provisional support
from the salary of the spouse.
Section 3. Child Support. - The common
children of the spouses shall be supported
from the properties of the absolute
community or the conjugal partnership.
Subject to the sound discretion of the
court, either parent or both may be ordered
to give an amount necessary for the
support, maintenance, and education of the
child. It shall be in proportion to the
resources or means of the giver and to the
necessities of the recipient.
In determining the amount of
provisional support, the court may likewise
consider the following factors: (1) the
financial resources of the custodial and
non-custodial parent and those of the child;
(2) the physical and emotional health of the
child and his or her special needs and
aptitudes; (3) the standard of living the child
has been accustomed to; (4) the non-
monetary contributions that the parents will
make toward the care and well-being of the
child.
The Family Court may direct the
deduction of the provisional support from
the salary of the parent.
Section 4. Child Custody. - In determining
the right party or person to whom the
custody of the child of the parties may be
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awarded pending the petition, the court
shall consider the best interests of the child
and shall give paramount consideration to
the material and moral welfare of the child.
The court may likewise consider the
following factors: (a) the agreement of the
parties; (b) the desire and ability of each
parent to foster an open and loving
relationship between the child and the
other parent; (c) the child's health, safety,
and welfare; (d) any history of child or
spousal abase by the person seeking
custody or who has had any filial
relationship with the child, including anyone
courting the parent; (e) the nature and
frequency of contact with both parents; (f)
habitual use of alcohol or regulated
substances; (g) marital misconduct; (h) the
most suitable physical, emotional, spiritual,
psychological and educational
environment; and (i) the preference of the
child, if over seven years of age and of
sufficient discernment, unless the parent
chosen is unfit.
The court may award provisional
custody in the following order of preference:
(1) to both parents jointly; (2) to either
parent taking into account all relevant
considerations under the foregoing
paragraph, especially the choice of the
child over seven years of age, unless the
parent chosen is unfit; (3} to the surviving
grandparent, or if there are several of them,
to the grandparent chosen by the child over
seven years of age and of sufficient
discernment, unless the grandparent is
unfit or disqualified; (4) to the eldest brother
or sister over twenty-one years of age,
unless he or she is unfit or disqualified; (5)
to the child's actual custodian over twenty-
one years of age, unless unfit or
disqualified; or (6) to any other person
deemed by the court suitable to provide
proper care and guidance for the child.
The custodian temporarily
designated by the" court shall give the court
and the parents five days notice of any plan
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to change the residence of the child or take
him out of his residence for more than three
days provided it does not prejudice the
visitation rights of the parents.
Section 5. Visitation Rights. - Appropriate
visitation rights shall be provided to the
parent who is not awarded provisional
custody unless found unfit or disqualified
by the court. .
Section 6. Hold Departure Order. - Pending
resolution of the petition, no child of the
parties shall be brought out of the country
without prior order from the court.
The court, motu proprio or upon
application under oath, may issue ex-parte
a hold departure order, addressed to the
Bureau of Immigration and Deportation,
directing it not to allow the departure of the
child from the Philippines without the
permission of the court.
The Family Court issuing the hold
departure order shall furnish the
Department of Foreign Affairs and the
Bureau of Immigration and Deportation of
the Department of Justice a copy of the
hold departure order issued within twenty-
four hours from the time of its issuance and
through the fastest available means of
transmittal.
The hold-departure order shall
contain the following information:
(a) the complete name (including the
middle name), the date and place of birth,
and the place of last residence of the
person against whom a hold-departure
order has been issued or whose departure
from the country has been enjoined;
(b) the complete title and docket number of
the case in which the hold departure was
issued;
(c) the specific nature of the case; and
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(d) the date of the hold-departure order.
If available, a recent photograph of
the person against whom a hold-departure
order has been issued or whose departure
from the country has been enjoined should
also be included.
The court may recall the order. motu
proprio or upon verified motion of any of the
parties after summary hearing, subject to
such terms and conditions as may be
necessary for the best interests of the child.
Section 7. Order of Protection. - The court
may issue an Order of Protection requiring
any person:
(a) to stay away from the home, school,
business, or place of employment of the
child, other parent or any other party, and
to stay away from any other specific place
designated by the court;
(b) to refrain from harassing, intimidating,
or threatening such child or the other
parent or any person to whom custody of
the child is awarded;
(c) to refrain from acts of commission or
omission that create an unreasonable risk
to the health, safety, or welfare of the child;
(d) to permit a parent, or a person entitled
to visitation by a court order or a separation
agreement, to visit the child at stated
periods;
(e) to permit a designated party to enter the
residence during a specified period of time
in order to take persona! belongings not
contested in a proceeding pending with the
Family Court;
(f) to comply with such other orders as are
necessary for the protection of the child.
Section 8. Administration of Common
Property. - If a spouse without just cause
abandons the other or-fails to comply with
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his or her obligations to the family, the court
may, upon application of the aggrieved
party under oath, issue a provisional order
appointing the applicant or a third person
as receiver or sole administrator of the
common property subject to such
precautionary conditions it may impose.
The receiver or administrator may
not dispose of or encumber any common
property or specific separate property of
either spouse without prior authority of the
court.
The provisional order issued by the
court shall be registered in the proper
Register of Deeds and annotated in all titles
of properties subject of the receivership or
administration.
Section 9. Effectivity. - This Rule shall take
effect on March 15, 2003 following its
publication in a newspaper of general
circulation not later than March 7, 2003.
A. De facto Separation vs. Legal
Separation
Art. 55. A petition for legal separation may
be filed on any of the following grounds:
(1) Repeated physical violence or
grossly abusive conduct directed against
the petitioner, a common child, or a child of
the petitioner;
(2) Physical violence or moral pressure
to compel the petitioner to change
religious or political affiliation;
(3) Attempt of respondent to corrupt or
induce the petitioner, a common child, or a
child of the petitioner, to engage in
prostitution, or connivance in such
corruption or inducement;
(4) Final judgment sentencing the
respondent to imprisonment of more
than six years, even if pardoned;
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(5) Drug addiction or habitual
alcoholism of the respondent;
(6) Lesbianism or homosexuality of the
respondent;
(7) Contracting by the respondent of a
subsequent bigamous marriage,
whether in the Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against
the life of the petitioner; or
(10) Abandonment of petitioner by
respondent without justifiable cause for
more than one year.
For purposes of this Article, the term "child"
shall include a child by nature or by
adoption
EFFECTS:
Art. 63. The decree of legal separation shall
have the following effects:
(1) The spouses shall be entitled to live
separately from each other, but the
marriage bonds shall not be severed;
(2) The absolute community or the
conjugal partnership shall be dissolved
and liquidated but the offending spouse
shall have no right to any share of the net
profits earned by the absolute community
or the conjugal partnership, which shall be
forfeited in accordance with the provisions
of Article 43(2);
Art. 43(2) xxx xx xxx his or her share
of the net profits of the community
property or conjugal partnership
property shall be forfeited in favor
of the common children or, if
there are none, the children of the
guilty spouse by a previous
marriage or in default of children,
the innocent spouse;
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(3) The custody of the minor children
shall be awarded to the innocent spouse,
subject to the provisions of Article 213 of
this Code;
Art. 213. xx xx parental authority
shall be exercised by the parent
designated by the Court. The Court
shall take into account all relevant
considerations, especially the
choice of the child over seven years
of age, unless the parent chosen is
unfit,
and,
(4) The offending spouse shall be
disqualified from inheriting from the
innocent spouse by intestate
succession. Moreover, provisions in favor
of the offending spouse made in the will of
the innocent spouse shall be revoked by
operation of law. (106a)
Separation in Fact – separation without
just cause under Art. 55. Separation
without the benefit of any legal remedies.
shall, upon proper petition in a
summary proceeding, be given judicial
authority to administer or encumber any
specific separate property of the other
spouse and use the fruits or proceeds
thereof to satisfy the latter's share.
See also Arts 86 (4), 99 & 126, 100 & 127,
135 (6), 204; Title XI, Chapter 2, Arts 239-
248;
6
Rule of Procedure on Legal Separation
(A.M. No. 02-11-11 SC); Rule on
Provisional
Orders (AM 02-11-12 SC); See RA 9262
VAWC – compare Section 19 with Article
58;
Rules on Revocation of Donations;
Incapacity to Succeed by Will or
Intestate Succession
Are multiple appeals allowed; Article 61
(Admin pendente lite) See also, and
compare
with, Article 124,FC

EFFECTS:

Art. 100. The separation in fact between

husband and wife shall not affect the
regime of absolute community except
that:

(1) The spouse who leaves the conjugal

home or refuses to live therein, without
just cause, shall not have the right to be
supported;

(2) When the consent of one spouse to any

transaction of the other is required by law,
judicial authorization shall be obtained
in a summary proceeding;

(3) In the absence of sufficient community

property, the separate property of both
spouses shall be solidarily liable for the
support of the family. The spouse present
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V. Property Relations Between Husband
& Wife (Title IV Articles 74-148; PD 1529
Sec. 108)
PD 1529 – Property Registration Decree
Section 108. Amendment and alteration of
certificates. No erasure, alteration, or
amendment shall be made upon the
registration book after the entry of a
certificate of title or of a memorandum
thereon and the attestation of the same be
Register of Deeds, except by order of the
proper Court of First Instance.
Grounds for Amendment/Alteration
Certificate of Titles:
A registered owner or other person having
an interest in registered property, or, in
proper cases, the Register of Deeds with
the approval of the Commissioner of Land
Registration, may apply by petition to the
court (for erasure, alteration, or
amendment of Certificate of Title) upon the
ground that:
1.) the registered interests of any
description, whether vested, contingent,
expectant or inchoate appearing on the
certificate, have terminated and ceased;
2.) new interest not appearing upon the
certificate have arisen or been created;
3.) an omission or error was made in
entering a certificate or any memorandum
thereon, or, on any duplicate certificate;
4.) the same or any person on the
certificate has been changed;
5.) the registered owner has
married, or, if registered as married;
6.) that the marriage has been
terminated and no right or interests
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of heirs or creditors will thereby be
affected;
7.) a corporation which owned registered
land and has been dissolved has not
convened the same within three years after
its dissolution;
8.) upon any other reasonable ground
Procedure for Amendment/Alteration of
Certificate of Titles:
a.) File Petition (captioned in re:
original case title) for
Amendment/Alteration of
of Certificate of Titles (attach duplicate)
with the proper court (the court
which handled the original case
wherein the decree or registration
was entered);
b.) Notice to all parties in interest;
c.) Hearing;
d.) Order – Entry/Cancellation of a
New Certificate, Entry/Cancellation
of Memorandum Upon a Certificate,
plus grant of other relief and/or
requirement of security or bond.
No authority is given to courts to reopen the
judgment or decree of registration over the
property; court order shall not also impair
title or interest of purchasers for value and
good faith w/o their consent.
If duplicate certificate is missing, a petition
under Sec. 107 of PD 1529 may be filed.
Chapter 1. General Provisions
Art. 74. The property relationship between
husband and wife shall be governed in the
following order:
(1) By marriage settlements executed
before the marriage;
(2) By the provisions of this Code; and
(3) By the local custom.
Art. 75. The future spouses may, in the
marriage settlements, agree upon the
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regime of absolute community, conjugal
partnership of gains, complete separation
of property, or any other regime. In the
absence of a marriage settlement, or when
the regime agreed upon is void, the
system of absolute community of
property as established in this Code shall
govern. (119a)
Art. 76. In order that any modification in the
marriage settlements may be valid, it must
be made before the celebration of the
marriage, subject to the provisions of
Articles 66 (forfeiture of shares or revival of
property regime due to reconciliation), 67
(specifications/modification of properties to
be included/excluded in the revival of
property regime), 128 (petition for sole
administration of conjugal property), 135
(judicial separation of property) and 136
(joint petition for voluntary dissolution of
property regime).
Other than before celebration of marriage,
modification in the marriage settlement,
AND PROPERTY REGIME IN GENERAL
(Pana vs. Heirs of Juanite, Sr.), can be
done upon:
1) decree of legal separation
wherein the property regime shall
be dissolved and liquidated (see Art.
63);
2) reconciliation of parties in legal
separation of marriage wherein
they agree to revive the former
property regime (see Art. 66-67);
3) petition for receivership, judicial
separation of property, or sole
administration of property in case
of abandonment or failure to comply
with marital obligations of the other
spouse (see Art. 99-101 and 126-
128);
4) judicial separation of property in
case of sufficient cause(s)
mentioned under Art. 135;
5) joint petition for voluntary
dissolution of property regime
under Art. 136;
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6) motion to revive property regime
in the proceeding of judicial
separation of property (see Art.
141).
Art. 77. The marriage settlements and any
modification thereof shall be in writing,
signed by the parties and executed
before the celebration of the marriage.
They shall not prejudice third persons
unless they are registered in the local civil
registry where the marriage contract is
recorded as well as in the proper registries
of properties.
Marriage settlements are valid between the
parties although not registered. Fact of
registration is only necessary to bind third
parties. Registration must be both in the
local civil registry for the contract and in the
registry of properties for the properties
included in the regime.
Art. 78. A minor who according to law may
contract marriage may also execute his or
her marriage settlements, but they shall be
valid only if the persons designated in
Article 14 to give consent to the marriage
are made parties to the agreement, subject
to the provisions of Title IX of this Code.
(120a)
Parties in the age of 18-21 are considered
minors for purposes of contracting
marriage; hence, parental consent is
needed not only for entering into marriage
but also for entering into marriage
settlement.
Art. 79. For the validity of any marriage
settlement executed by a person upon
whom a sentence of civil interdiction has
been pronounced or who is subject to any
other disability, it shall be indispensable for
the guardian appointed by a competent
court to be made a party thereto. (123a)
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Art. 80. In the absence of a contrary
stipulation in a marriage settlement, the
property relations of the spouses shall
be governed by Philippine laws,
regardless of the place of the celebration of
the marriage and their residence.
This rule shall not apply:
(1) Where both spouses are aliens;
(2) With respect to the extrinsic validity of
contracts affecting property not situated
in the Philippines and executed in the
country where the property is located;
and
(3) With respect 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.
(124a)
In any case, intrinsic validity of marriage
settlement shall be governed by Philippine
Laws if at least one of the spouse is a
Filipino citizen, for properties owned by
such which has been included in the
property regime.
Philippine laws relating to family rights and
duties, status, condition and legal capacity
of persons are binding upon Filipino
citizens even though living abroad;
Properties are subject to the law of the
country where they are located. With
respect to the order and amount of
successional rights, plus intrinsic validity of
wills, the national law of the decedent shall
govern the same.
On the other hand, extrinsic validity, such
as forms and solemnities, of contracts, wills
and other public instruments is governed
by the law of the country where the same
were executed, except if the law of the
place where the property is situated
requires different formalities; in such case,
the lex rei sitae applies as to extrinsic
validity of the same.
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In any case, laws or judgments
promulgated in a foreign country shall not
be recognized in the Philippines if the same
are contrary to prohibitive laws, public
order, public policy and good customs.
(See Bayot vs. CA for a contrary
appreciation of the foregoing civil and
family laws.)
Art. 81. Everything stipulated in the
settlements or contracts referred to in the
preceding articles in consideration of a
future marriage, including donations
between the prospective spouses made
therein, shall be rendered void if the
marriage does not take place. However,
stipulations that do not depend upon
the celebration of the marriages shall be
valid.
A provision with the same nature is also
found in testamentary succession.
Pana vs. Heirs of Juanite, Sr., G.R. 164201:
The property regime of the marriage is an
important in consideration to determine
whether an obligation of one or both
spouses is chargeable against the
properties of the marriage.
The law in effect during the celebration of
the marriage is likewise an important factor
to determine what property regime governs
the marriage.
Retroactivity of the Family Code applies in
the determination of family relation and
consequences of marriage in so far as it
does not prejudice or impair vested rights
in accordance with the Civil Code and other
laws.
This is true even if the personal stakes of
either spouse in the properties of the
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Academic Year 2018-2019
marriage are inchoate prior to liquidation of
the property regime.
However, the Family Code does not
automatically convert into absolute
community property relation all conjugal
partnership of gains existed before its
effectivity.
Conjugal Partnership of Gains governing
marriages celebrated before the effectivity
of the Family Code can only be modified in
accordance with Article 76 of the same
(see notes above).
In Conjugal Partnership of Gains, each of
the spouses enjoy rights of ownership over
their SEPARATE PROPERTIES. Thus,
retroactive application of the Family Code,
to effect the regime of ACP, without regard
to its Art. 76, would impair such property
rights over the spouses’ separate
properties.
Consequently however, the Civil Code
provision about conjugal partnership of
gains is repealed by the Family Code; thus,
even though the marriage was celebrated
prior to the effectivity of the Family Code,
the provision of the same with regard to
conjugal partnership of gains supersedes
that of the Civil Code.
In conclusion, to determine whether an
obligation may be charged to the property
of the marriage, we will entirely look at the
provision of the Family Code whether the
regime is conjugal partnership of gains or
absolute community of property, or at the
marriage settlement, if any. The effective
law during the celebration of the marriage
is only material as to what property regime
shall govern the same.
In conjugal partnership of gains, payment
of a spouse’ obligation shall be charged:
first, to his/her separate property; second,
if there is none, or it is insufficient to cover
the obligation, the same shall only be
chargeable to the conjugal partnership
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after the responsibilities enumerated in Art.
121 have been covered and taken into
consideration; third, the spouses shall be
solidary liable with both of their separate
properties for the unpaid balance of the
obligation, if the conjugal partnership is
insufficient to cover the said responsibilities
enumerated under Art. 121.
No prior liquidation of the conjugal
partnership is necessary for the payment of
the above-mentioned obligation since the
payment for the said obligation shall be
charged upon the share of the debtor-
spouse at the time of the liquidation of the
conjugal partnership under Art. 122.
Chapter 2. Donations by Reason of
Marriage
Art. 82. Donations by reason of marriage
(donations propter nuptias) – those
which are made before its celebration, in
consideration of the same, and in favor of
one or both of the future spouses. (126)
Art. 83. These donations are governed by
the rules on ordinary donations
established in Title III of Book III of the Civil
Code (suppletory), insofar as they are not
modified by the following articles. (127a)
Art. 84. If the future spouses agree upon a
regime other than the absolute community
of property, they cannot donate to each
other in their marriage settlements more
than one-fifth of their present property.
Any excess shall be considered void.
Donations of future property (by reason
of marriage but inchoate) shall be governed
by the provisions on testamentary
succession and the formalities of wills.
(130a)
Art. 85. Donations by reason of marriage of
property subject to encumbrances shall
be valid. In case of foreclosure of the
encumbrance and the property is sold for
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less than the total amount of the obligation
secured, the donee shall not be liable for
the deficiency. If the property is sold for
more than the total amount of said
obligation, the donee shall be entitled to
the excess. (131a)
Art. 86. A donation by reason of marriage
may be revoked by the donor (not by law
under Art. 44 or Art 43(3)) in the following
cases:
(1) If the marriage is not celebrated or
judicially declared void ab initio except
donations made in the marriage
settlements, which shall be governed by
Article 81 (those which do not depend upon
the celebration of the marriage shall remain
valid);
(2) When the marriage takes place without
the consent of the parents or guardian, as
required by law (as required by Art. 14 and
78);
(3) When the marriage is annulled, and the
donee acted in bad faith (unnecessary cos
it is already by operation of law; see Art. 50);
(4) Upon legal separation, the donee being
the guilty spouse (see Art. 64; prescriptible
within 5 years from the finality of the decree
of legal separation);
(5) If it is with a resolutory condition and the
condition is complied with (see Art. 1181
CC);
(6) When the donee has committed an act
of ingratitude as specified by the provisions
of the Civil Code on donations in general
(see Art. 765-767, 769-770 CC;
prescriptible within 1 year from the
knowledge of the fact of ingratitude). (132a)
Art. 87. Every donation or grant of
gratuitous advantage, direct or indirect,
between the spouses during the marriage
shall be void (because this will affect
successional rights), except moderate gifts
which the spouses may give each other on
the occasion of any family rejoicing. The
prohibition shall also apply to persons living
together as husband and wife without a
valid marriage. (133a) – this is not a
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donation propter nuptias. This is a
prohibited donation in addition to Art. 739
CC.
Sps. Cano, et al. vs. Sps. Cano, G.R. No.
188666:
New Civil Code vs Family Code on
requirements for the validity of donations
propter nuptias – Formal requirements of
donations (see. Art. 748-749 of CC) as to
Written Acceptance and Notification to
Donor are not requirements for the validity
of donations propter nuptias (whether of
immovable – public document, or of
movables exceeding PhP 5,000.00 – at
least in writing) EXECUTED PRIOR THE
EFFECTIVITY OF THE FAMILY CODE.
The applicable law on the matter would be
Art. 126 – 134 of the Civil Code with regard
to donations propter nuptias. Only laws
existing at the time of the execution of the
contract are applicable thereto. Under the
said provisions of the Civil Code, express
acceptance is not necessary for the validity
of donations propter nuptias. Laws on
Donations will only be applied suppletory
on donations propter nuptias per the Civil
Code (as well as in the Family Code – well,
the said “unnecessary express acceptance”
has been deleted in the Family Code, so
now express acceptance is necessary
since Art. 748-749 will suppletory apply). In
Civil Code, donation propter nuptias and its
acceptance is required to be in writing only
for it to be ENFORCEABLE as provided by
the Statute of Frauds (in Family Code, no
mention of such; however, Statute of
Frauds expressly provides for its
enforceability; so, to be enforceable, those
donations propter nuptias of movables
amounting to PhP 5,000.00 or less needs
to be in writing; well, for immovable and
those above 5k, we follow Art. 748-749
because it touches validity and not mere
enforceability. You cannot enforce a void
agreement lol! Remember your stat-con in
interpreting provisions. If letters would yield
absurdity, then do away from that
interpretation.)
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Non-registration of donation propter
nuptias (whether it be constituted prior or
after effectivity of Family Code), its effects
– However, non-registration, lest reduction
of donation propter nuptias in writing or
even in a public document ALONE, would
not bind third parties who are purchasers
for value and good faith (PD 1529 would
not also lie against purchasers for value
and good faith, see notes above on PD
1529). Art. 709 of Civil Code necessitates
annotation in the Registry of Property
(Registry of Land Titles and Deeds) before
titles of ownership or other rights over
immovable properties may prejudice third
persons (more so if the purchaser is in
good faith and for value). The reason is that,
the third persons will not have actual or
constructive knowledge of the disputed
interest (see PD 1529 Sec. 51-52).
Well, non-registration would not impair the
validity of the donation propter nuptias as it
will still remain valid between the donor and
the donee; hence, the donee will have a
right of action against the donor based on
Art. 1165, in relation to 1169(3), and Art.
1170 for damages (not actions based on
enforcement of contract since donation is
not a contract but is an act, an obligation
arising from law “to give” and a mode of
acquisition of ownership; not as well under
Art. 1191 because rescission of obligation
is futile for the donee. Return the donation?
Lol! So, damages lang talaga).
Valencia(s) vs. Locquiao, et al. G.R.
122134:
Authenticity of Donations Propter Nuptias;
Acceptance; Form of Acceptance; Old Civil
Code vs New Civil Code – OCC provides
that dpn must be made in a public
instrument without necessity of acceptance
for its validity; NCC provides that dpn is
necessary to be in writing only for its
enforceability in accordance with the
Statute of Frauds, and that acceptance, at
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Pasay City
least implied, is necessary for it to be valid.
Again, the law in effect at the time of
execution of the contract shall take effect.
Side Note: in challenging the existence of
notarized documents – certification of the
custodian of public documents as to
absence of notarial record is not sufficient
to prove that the notary public does not
have a valid notarial commission. Neither
the absence of a file copy of the notarized
document with the archives of the
custodian would be enough to prove
spuriousness, inexistence, or falsity of the
notarized document. Failure to furnish copy
would only be a ground for disciplinary
action against the notarial officer.
Arcaba vs. Vda. De Batocael, et al. G.R.
146683:
On Art. 87 of the Family Code; gratuitous
advantage given by one spouse to the
other is void being a prohibited donation
between husband and wife; applicable in
common law relationship; definition of
cohabitation – is the public assumption of
marital relation by a man and a woman who
dwell together as husband and wife and
hold themselves out to the public as such.
Clandestine meetings, even though
repeated, do not constitute cohabitation.
Sufficient proofs of common-law
relationship:
1) stipulations;
2) conviction of concubinage;
3) existence of legitimate children;
4) documents showing that a man and
a woman hold themselves out to the
public as husband and wife
Agapay vs. Palang G.R. 116668:
Same in above case, also under 87 of FC
and 739 of CC.
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Property Regime of Unions without

Marriage under 148 – for cohabitation of a
man and a woman who are not capacitated
to marry each other (marriage is void due
to legal impediments). Here, only
properties acquired through joint efforts
shall be owned by them in common to their
respective contributions. No contribution of
household management shall be
accounted for unlike in Art. 147.

Chapter 3 & 4 ACP vis-à-vis CPG

Make comparison as to what , how, etc

Take note Art. 75-77 of FC

Default Property Regime is ACP. Well, it

may also be adopted in the marriage
settlement as the governing property
regime. But the commencement of the
property regime of ACP, even if it is within
a marriage settlement, is upon the moment
of celebration of marriage.

On the other hand, CPG only applies for

marriages celebrated prior the effectivity of
the Family Code (as to inchoate rights only
and not vested rights) and for marriages
with marriage settlements adopting CPG
as the property regime. Commencement of
the property regime shall also begin at the
moment of celebration of marriage.

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Pasay City