Vous êtes sur la page 1sur 118

Persons and Family Relations

Atty. Jacqueline Lopez

I.

1. Definition of Laws according to Sanchez Roman 2. Classification of laws according to the manner of

c.

promulgation a. Natural Law promulgated impliedly in our conscience and body b. Human Positive Law A reasonable rule of action, expressly or directly promulgated by competent human authority for the common good, and usually, but nor necessarily, imposing a sanction in case of disobedience 3. Classification of Human ositi!e Law a. According to whether a right is given, or merely the procedure for enforcement is laid down . !"#!$AN$%&' LA( establishes rights and duties ). *'+',%AL-P*./',"*AL-A,0'/$%&' LA( prescribes the manner of enforcing legal rights and claims b. According to scope or content of the law . P*%&A$' LA( regulates relations of the members of a community with one another
Karen Feliz G Supnad

). P"#L%/ LA( governs the relations of an individual with the !tate or ruler or community as a whole According to force or effect . +AN,A$.*1 and-or P*.H%#%$.*1 LA(! have to be complied with because they are expressive of public policy2 disobedience is punished either by direct penalties or by considering an act or contract void ). P'*+%!!%&' LA(! may be deviated from

". Definition of Ci!il Law %t is the branch of law that generally treats of the personal and family relations of an individual, his property and successional rights, and the effects of his obligations and contracts #. Definition of Ci!il Code %t is a compilation of existing civil laws, scientifically arranged into boo3s, titles, chapters, and sub4heads and promulgated by legislative authority II.

$. 1. Sources of the Ci!il Code

UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

4 /ivil /ode of !pain 4 Philippine /onstitution of 567 4 !tatutes or laws 8Philippine, American, 'uropean9 4 *ules of /ourt 8local and foreign9 4 ,ecisions of local tribunals 8especially the !upreme /ourt9 4 ,ecisions of foreign tribunals 4 /ustoms and traditions of our people 4 :eneral principles of law and e;uity 4 %deas from the /ode /ommission ). #oo3s of the /ivil /ode #oo3 % Persons #oo3 %% Property, .wnership, and its +odifications #oo3 %%% ,ifferent +odes of Ac;uiring .wnership #oo3 %& .bligations and /ontracts 6. /ode /ommission 4 /reated by Pres. *oxas through '. <= on +arch )>, 5<? 4 @inal draft finished on ,ec. A, 5<? 4 /ommission rendered report in a publication on 0an. )A, 5<= 4 /ongress approved draft on 0une =, 5<5 as *A 6=A 4 .riginal +embers of the /ode /ommissionB ,ean 0orge #ocobo
Karen Feliz G Supnad

0udge :uillermo # :uevarra ,ean Pedro * 1lagan ,ean @rancisco /apistrano !enator Arturo $olentino

%H& CI'IL C(D& () %H& HILI


R&LI+I*$R, %I%L&

I*&S

CHAPTER 1. Effect and Application of Laws Art. 1. This Act shall be known as the Civil Code of the Philippines. Art. 2. Laws shall take effect after 15 da s followin! the co"pletion of their p#blication in the $fficial %a&ette' or in an newspaper of !eneral circ#lation' #nless otherwise provided. This Code shall take effect one ear after s#ch p#blication.

%anada ! %u!era

-R .3/1#0 $pril 2"0 1/1# @actsB Petitioners in this case filed this petition tin order to compel respondent public officials to publish or 2
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

to cause the publication of various presidential decrees, letters of instruction, general orders, proclamations, executive orders, letter of implementation and administrative orders. *espondents contend that publication is not a condition sine ;ua non for the effectivity of laws where the laws themselves provide for their own effectivity dates. %ssueB (-N publication is an indispensable re;uirement for the effectivity of laws HeldB 1es. /ommonwealth Act A6= states thatB There shall be p#blished in the $fficial %a&ette( )1* All i"portant le!islative acts and resol#tions of a p#blic nat#re of the Con!ress of the Philippines+ )2* All e,ec#tive and ad"inistrative orders and procla"ations' e,cept s#ch as have no !eneral applicabilit + )-* .ecisions or abstracts of decisions of the /#pre"e Co#rt and the Co#rt of Appeals as "a be dee"ed b said co#rts of s#fficient i"portance to be so p#blished+ )0* /#ch doc#"ents or classes of doc#"ents as "a be re1#ired so to be p#blished b law+ and )5* /#ch doc#"ents or classes of doc#"ents
Karen Feliz G Supnad

as the President of the Philippines shall deter"ine fro" ti"e to ti"e to have !eneral applicabilit and le!al effect' or which he "a a#thori&e to be so p#blished. %t is clear in the above4;uoted provision that its obCect is to give the general public ade;uate notice of the various laws which are to regulate their actions and conduct as citiDens. (ithout such notice and publication, there would be no basis for the application of the maxim, E%gnorantia legis non excusat.F (ithout publication, the people have no means of 3nowing what presidential decrees have actually been promulgated, much less a definite way of informing themselves of the specific contents and texts of such decrees. %anada ! %u!era -R .3/1#0 Dec. 2/0 1/1. @actsB ,ue process was invo3ed by the petitioners in demanding the disclosure of a number of P,s which they claimed had not been published as re;uired by law. $he government argued that while publication was necessary as a rule, it was not so when it was Eotherwise provided.F %ssueB (-N the clause Eunless otherwise providedF refers to the re;uirement of publication in Art. ) of the /ivil /ode HeldB 3
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

No. $he clause Eunless it is otherwise providedF refers to the date of effectivity and not to the re;uirement of publication itself which cannot in any event be omitted. $his clause does not mean that the legislature may ma3e the law effective immediately upon approval, or on any other date, without its publication. %t is not correct to say that under the disputed clause, publication may be dispensed with altogether. $he reason is that such omission would offend due process insofar as it would deny the public 3nowledge of the laws that are supposed to govern it. $he conclusive presumption that every person 3nows the law presupposes that the law has been published if the presumption is to have any legal Custification at all. Publication must be in full or it is no publication at all since its purpose is to inform the public of the contents of the laws. $he mere mention of the number of the presidential decree, the title of such decree, the supposed date of its effectivity, and in a mere supplement of the .: cannot satisfy the publication re;uirement, it is not even substantial compliance. Lara ! Del Rosario

months. .n !ept. <, 575, without giving his employees 6> days advance notice, he sold his cabs to La +allorca resulting to the termination of employment of the mechanics and drivers because La +allorca failed to continue them in their employment. $his action was brought about by the employees to recover compensation for overtime wor3 rendered beyond = hours and on !undays and legal holidays, and month salary or mesada, provided for in Art. 6>) of the /ode of /ommerce because of ,el *osarioGs failure to give them a monthGs notice. $he drivers received to fixed compensation based on the hours or the period of time that they wor3ed. $hey were paid on commission basis. %ssueB (-N the drivers are entitled to compensation for overtime pay as stated in the /ode of /ommerce HeldB No. Art. ))?> of the /ivil /ode already repealed the provisions of the /ode of /ommerce regarding agency when the former too3 effect on August 6>, 57>, or one year after its publication in the .:, as the new /ivil /ode itself provides in Art. ). Art. -. 2!norance of the law e,c#ses no one fro" co"pliance therewith. $his provision refers to local laws permissive laws @oreign law must be proved as a fact 4
UST Faculty of i!il La"

-R .33/0 $pril 220 1/#" @actsB ,el *osario operated a taxi business under the name of (aval $axi. He employed mechanics and drivers , the latter having wor3ed for periods ranging from )46?
Karen Feliz G Supnad

except

Persons and Family Relations

Atty. Jacqueline Lopez

Art. 0. Laws shall have no retroactive effect' #nless the contrar is provided. 'xceptions to prospective effects of lawsB o %f the law itself provides for retroactivity except as an ex post facto law o *emedial or procedural laws o Penal statutes if favorable to the accused 'xcept if delin;uent o Laws of an the accused is nature a habitual and are

recogniDes some legal effects flowing therefrom o (hen the law itself ma3es certain acts valid although generally they would have been void Art. 3. Ri!hts "a be waived' #nless the waiver is contrar to law' p#blic order' p#blic polic ' "orals' or !ood c#sto"s' or pre4#dicial to a third person with a ri!ht reco!ni&ed b law. *ights may beB o *eal 8Cus in

emergency

authoriDed by government police power o /urative laws but must not impair vested rights nor affect final Cudgment o %f a substantive right be declared for the first time unless vested right are impaired Art. 5. Acts e,ec#ted a!ainst the provisions of "andator or prohibitor laws shall be void' e,cept when the law itself a#thori&es their validit . 'xceptionsB o (hen the maw ma3es the act not void but merely voidable o (hen the law ma3es the act valid but subCects the wrongdoer to criminal responsibility o (hen the law ma3es the act itself valid but
Karen Feliz G Supnad

rem-in

re9

enforceable

against the whole world o Personal 8in personam-ad rem9 *e;uisites for a valid waiverB o /apacity to ma3e the waiver o +ust be made clearly o .wnership of to be waived o %n some instances, must comply with formalities o +ust not by contrary to law, public policy, public order, morals, or good customs Art. 5. Laws are repealed onl b s#bse1#ent ones' and their violation or non6 observance shall not be e,c#sed b dis#se' or c#sto" or practice to the contrar . 5
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

7hen the co#rts declare a law to be inconsistent with the Constit#tion' the for"er shall be void and the latter shall !overn. Ad"inistrative or e,ec#tive acts' orders and re!#lations shall be valid onl when the are not contrar to the laws or the Constit#tion. Art. 8. 9#dicial decisions appl in! or interpretin! the laws or the Constit#tion shall for" a part of the le!al s ste" of the Philippines.

Art. 1<. 2n case of do#bt in the interpretation or application of laws' it is pres#"ed that the law"akin! bod intended ri!ht and 4#stice to prevail. *ules of !tatutory /onstructionB o (hen a law is clearly worded, there is no room for interpretation o %f there are two possible interpretations, that which will achieve the ends desired by /ongress should be adopted o /onsiderB Preamble @oreign laws from which derived History of the framing of deliberations on the same !imilar laws on same subCect o Patent or obvious mista3es and the law was

Art. :. ;o 4#d!e or co#rt shall decline to render 4#d!"ent b reason of the silence' obsc#rit ' or ins#fficienc of the laws. 0udge must applyB o /ustoms not contrary to law, public order, and public policy o ,ecisions of foreign and local courts on similar cases o .pinions of highly ;ualified writers and

the law and matter misprints may

be corrected by our courts o Laws of pleading, practice, and procedure must be liberally construed Art. 11.C#sto"s which are contrar to law' p#blic order or p#blic polic shall not be co#ntenanced. /ustom o A rule repeated

professors o *ules of statutory construction o Principles laid down in analogous instances

of

human and

action

established observed

by or

acts,

uniformly

Karen Feliz G Supnad

UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

practiced as a rule of society, through the implicit approval of the lawma3ers, and which is therefore generally obligatory and legally binding o H/ustom of a placeI $hat which is brought about by local usage, and is not annexed or peculiar to any particular individual o "nwritten, spontaneous, comes from society, compared to LA( which is written, consciously made, and enacted by /ongress o *e;uisitesB +ust be proved as a fact, according to the rules of evidence2 otherwise, the custom cannot be considered as a source of right +ust not be contrary to law 8contra legem9, public order, or public policy A number of repeated acts *epeated acts must have been uniformly performed 0uridical intention 8convivtio Curis seu necessitates9 to ma3e a rule of social conduct !ufficient lapse of time JK gives evidence of existence

custom of the place A custom is presumed to not exist when those who should 3now, do not 3now of its existence LindsB o :eneral custom of a country o /ustom of the place one where an act transpires o Propter legem 8in accordance with law9 unnecessary to apply because it repeats the law o /ontra legem 8against the law9 wrong to apply o 'xtra legem may constitute sources of supplementary law in default legislation on the matter of specific

Art. 1-. 7hen the law speaks of ears' "onths' da s or ni!hts' it shall be #nderstood that ears are of -35 da s each+ "onths' of -< da s+ da s' of 20 ho#rs+ and ni!hts' fro" s#nset to s#nrise. 2f "onths are desi!nated b their na"e' the shall be co"p#ted b the n#"ber of da s which the respectivel have. 2n co"p#tin! a period' the first da shall be e,cl#ded' and the last da incl#ded. $his 7 article was repealed by '. )5),

Art. 12. A c#sto" "#st be proved as a fact' accordin! to the r#les of evidence. PresumptionB A person acts according to the
Karen Feliz G Supnad

UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

specifically wherein one year now means ) calendar months A civil or solar or calendar month is that which agrees with the :regorian calendar o (hen months are not designated by name, a month is understood to be only 6> days Art. 10. Penal laws and those of p#blic sec#rit and safet shall be obli!ator #pon all who live or so4o#rn on Philippine territor ' s#b4ect to the principles of p#blic international law and to treat stip#lations. $heory of territorialityB Any offense committed within our territory offends the !tate2 any person, whether citiDen or alien, can be punished for committing a crime here because aliens owe some sort of allegiance, even if it be temporary o 'xceptionsB 8Art. ) of the *P/9 .ffenses committed in a Philippine ship or airship .ffenses involving the forging or counterfeiting of coins or currencies of the Philippine %slands, or obligations and securities issued by the :overnment of the Philippines Acts connected with the introduction into the Philippine %slands of such forged or 8

counterfeited coins and currencies, or obligations and securitites stated in the preceding number .ffenses committed by public employees in the exercise of their functions .ffenses committed against national security and the law of nations $heory of generalityB Penal laws shall be obligatory upon all those who live or soCourn in Philippine territory o 'xceptionsB Principles of public international law ,ipomatic %mmunity as according to the 5A6 &ienna /onvention on ,iplomatic *elations Presence of treaty stipulations $he grant of bases necessarily includes the waiver of Curisdiction within the terms Enecessarily appurtenances to such bases, and the rights incident theretoF

Art. 15. Laws relatin! to fa"il ri!ht and d#ties or to the stat#s' condition and le!al capacit of persons are bindin! #pon citi&ens of the Philippines' even tho#!h livin! abroad. !tatus 8in /ivil Law9B o Personal ;ualities and relations, more or
UST Faculty of i!il La"

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

less permanent in nature, and not ordinarily terminable at his own will o $he distinct consideration of a person before the civil law 8!ancheD *oman9 !cope of this ArticleB o @amily rights and duties o !tatus o /ondition o Legal /apacity Applicability of this ArticleB o $his article is a rule @actsB of private

o !uccessional rights National law of the decedent o +arriage (here celebrated loci subCect to

exceptions 8lex regit actum9 %encha!ez ! &scano 1# SCR$ 3##

celebrationis-locus

international law which stresses the principle of nationality $he capacity to enter into an ordinary contract is governed by the national law of the person, and not by the law of the place where the contract was entered into 8lex loci celebrationis9 Art. 7, /ode of /ommerceB @oreigners and companies created abroad may engage in commerce in the Philippines subCect to the laws of their country with respect to their capacity to contract /apacity to enter into other relations or contracts is not necessarily governed by the national law of the person concernedB o Property rights (here the property is situatued 8lex rei sitae9
Karen Feliz G Supnad

&icenta 'scano and Pastor $enchaveD exchanged marriage vows on @eb. )<, 5<=, without the 3nowledge of the formers parents in the house of a certain 0uan Alburo, before a /atholic chaplain, Lt. +oises Lavares. !uch marriage was duly registered with the L/*. $hey planned to elope the midnight following their marriage, but the same did not materialiDe because &icentaGs mother obtained 3nowledge of the marriage and made her attend classes. !he was ta3en home afterwards wherein she admitted that she had already married Pastor. &icentaGs parents sought the advice of a priest, @ather *eynes, who suggested a recelebration to validate the marriage. $he recelebration, however, did not ta3e place because on @eb. )A, +amerto, &centaGs father received an anonymous letter from &icentaGs schoolmates saying that Pastor was having an affair with a certain Pacita Noel. $hey then drifted apart. .n 0une )<, 57>, without informing Pastor, &icenta applied for a passport, indicating in her application that she was single, and that her purpose was 9
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

to study. $he application was approved and she left for the "!. .n Aug. )), she filed a verified petition for divorce against Pastor which was granted by the /ourt of Nevada. Her parents then filed a petition for annulment of the marriage of &icenta and Pastor. .n !eptember 6, 57<, &icenta married American, *ussel Leo +oran, in Nevada. !he now lives in /alifornia and has begotten children. !he ac;uired American citiDenship on Aug. =, 57=. .n 0uly 6>, 577, Pastor initiated this case and as3ed for legal separation and P + in damages. &icenta claimed a valid divorce and a valid marriage to +oran. %ssueB (-N there was a valid divorce decree issued HeldB No. $he valid marriage between &icenta and Pastor remained subsisting and undissolved under Philippine law, notwithstanding the decree of absolute divorce that &icenta sought and obtained. At the time the divorce decree was issued, &icenta was still a @ilipino citiDen and was therefore subCect to Philippine law and the /ivil /ode., which does not admit absolute divorce. Art. 13. Real propert as well as personal propert is s#b4ect to the law of the co#ntr where it is sit#ated. However' intestate and testa"entar s#ccessions' both with respect to the order of s#ccession and to the a"o#nt of s#ccessional
Karen Feliz G Supnad

ri!hts and to the intrinsic validit of testa"entar provisions' shall be re!#lated b the national law of the person whose s#ccession is #nder consideration' whatever "a be the nat#re of the propert and re!ardless of the co#ntr wherein said propert "a be fo#nd. $he Eintrinsic validityF referred to in this Article refers to the validity of the content of the testamentary provisions2 Eextrinsic validityF means whether or not the will itself conforms to forms and solemnities re;uired of it $estate succession means that a person died with a written will2 %ntestate succession means that a person died without a will $he second paragraph of this Article may be said to be a continuation of Art. 7 :eneral *uleB *eal property as well as personal property is subCect to the law of the country where it is situated o 'xceptionB !"//'!!%.NAL *%:H$! governed by the national law of the decedent .rder of succession Amount of successional rights %ntrinsic validity of provisions of a will /apacity to succeed *envoi ,octrineB literally means a referring bac3 o Procedure 10
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

o 0ural matter presented o *eferred bac3 by the conflict of law of the forum to a foreign state o (hich in turn refers the matter bac3 to the laws of the forum Arises when there is doubt as to whether a reference in our law to a foreign lawB o %s a reference to the internal law of said foreign law2 or o %s a reference to the whole of the foreign rules +iciamo ! 3rimo #2 hil 1.4 @actsB 0uan +iciano, administrator of the estate of the late 0oseph #rimo filed a scheme of partition. Herein appellant, Andre #rimo, one of the brothers of the deceased, opposed it on the ground of Art. > of the /ivil /ode 8now Article A of the new /ivil /ode9 that legal and testamentary successions shall be regulated by the national law of the person whose succession is in ;uestion. Andre contends that the partition is not in consonance with $ur3ish law, which is 0osephGs national law. %ssueB (-N $ur3ish law must be applied in this case
Karen Feliz G Supnad

HeldB No. Andre did not prove that said testamentary dispositions are not in accordance with $ur3ish laws. %n the absence of evidence on such laws, they are presumed to be the same as those of the Philippines. )oreign law must 5e alleged and pro!ed. 3ellis ! 3ellis 22 SCR$ 3#1 -R L623.410 7une .0 1/.4 @actsB Amos #ellis, a $exas native executed a will in the Philippines, in which he directed that after all taxes, obligations and expenses of administration are paid for, his distributable estate should be distributed 8a9 )<>,>>>"!, to his first wife, +ary +allen, 8b9 <>,>>>"!, each to his three illegitimate children, Amos 0r., +aria /ristina, and +iriam, 8c9 and that after the foregoing two items have been satisfied, the remainder shall go to his ? surviving children by +ary +allen, and his second wife, &iolet, in e;ual shares. $he PeopleGs #an3 and $rust /o., as executor of the will, paid off all the be;uests and gave to the heirs their respective shares. .n 0an. ?, 5A<, +aria /ristina and +iriam filed their respective oppositions to the proCect of partition of the remaining estate of Amos which was intended to satisfy the shares of his ? legitimate children. +aria 11
UST Faculty of i!il La"

law

including

its

conflict

Persons and Family Relations

Atty. Jacqueline Lopez

/ristina and +iriam alleged that they were deprived of their legitimes as illegitimate children and, therefore, compulsory heirs of Amos. %ssueB (-N +aria /ristina and +iriam as illegitimate children, are compulsory heirs of Amos #ellis HeldB No. Amos #ellis was a citiDen of $exas and therefore, Philippine law, which considers illegitimate children as compulsory heirs, are not applicable. "nder the /ivil /ode, the national law of the decedent, in intestate or testamentary successions, is that which applies. $he will that Amos executed which covers his properties in the Philippines is null and void. (hatever public policy or good customs may be involved in our system of legitimes, /ongress has not intended to extend to the succession of foreign nationals. /ongress has specifically chosen to leave the amount of successional rights to the decedentGs national law. Christensen ! Christensen

-R L61.4#/0 7anura8 310 1/.3 @actsB 'dward /hristensen was a citiDen of the "nited !tates but at the time of his death, he was domiciled in the Philippines. %n his will, he declared that he has one child, +aria Lucy /hristensen, who will get all of his properties minus P6,A>> 8P >> to be given monthly until
Karen Feliz G Supnad

the principal plus the interest is consumed9 to be given to +aria Helen /hristensen who though was baptiDed /hristensen was not in any way related to him. However, Helen, the respondent, contested the will and claimed that the will must be subCected to Philippine laws as stated in Art, A, and thus entitled to M of the said properties. Lucy on the other hand alleged that under the /alifornia Probate /ode, a testor may dispose his property by will in any form or manner he desires. $he lower court held the contention of Lucy to be with merit. %ssueB (hether or not /alifornia law shall apply, it being the natural law of the testator, in accordance to Art. A of the civil code. HeldB $he natural law of the person whose succession is under consideration is /alifornia law which he is a citiDen of. However, there are two laws governing the citiDens of the state namelyB %nternal Laws and the /onflict of Laws internal laws shall govern all citiDens residing therein while conflict of laws apply to its citiDens abroad. Hence in this case, the conflict of laws should apply since 'dward was domiciled in the Philippines at the time of his death. "nder the conflict of laws, it authoriDes the reference or return of the ;uestion to the law of the testatorGs domicile. $herefore, Philippine courts should apply its own laws for the Philippines is his domicile. Applying the doctrine of ren voi, the ;uestion of the validity of the testamentary provision in ;uestion should refer bac3 to the laws of the decedentGs domicile, which 12
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

is the Philippines. "nder Philippine law, the /ivil /ode ma3es natural children legally ac3nowledged forced heirs of the parent recogniDing them.

Art. 15. The for"s and sole"nities of contract' wills' and other p#blic instr#"ents shall be !overned b the laws of the co#ntr in which the are e,ec#ted. 7hen the acts referred to are e,ec#ted before the diplo"atic or cons#lar officials of the Rep#blic of the Philippines in a forei!n co#ntr ' the sole"nities established b Philippine Laws shall be observed in their e,ec#tion. Prohibitive laws concernin! persons' their acts or propert ' and those which have for their ob4ect p#blic order' p#blic polic and !ood c#sto"s shall not be rendered ineffective b laws or 4#d!"ents pro"#l!ated' or b deter"inations or conventions a!reed #pon in a forei!n co#ntr . Par. of this article follows lex loci celebrationis, except formalities for the ac;uisition, encumbrance and alienation of property, which shall be governed by lex rei sitae Par. ) of this article is the principle of
Karen Feliz G Supnad

extra4territoriality $he prevailing rule in private international law regarding the intrinsic validity of contracts is to consider the lex loci voluntatis 8law of the place voluntarily selected9 or the lex loci intentionis 8law of the place intended by the parties to the contract9 Art. 18. 2n "atters which are !overned b the Code of Co""erce and special laws' their deficienc shall be s#pplied b the provisions of this Code. :eneral *uleB !pecial law prevails over the /ivil /ode 8suppletory in nature because it is a general law9 o 'xceptionsB /ommon carriers /ode of /ommerce supplies the deficiency %nsolvency special laws supply the deficiency

=ook 2. Persons
%itle I. CI'IL &RS(*$LI%,
CHAPTER 1. %eneral Provisions

13

UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

Person any being, natural or artificial, capable of possessing legal rights and obligations, and may be the subCect of legal relations Linds of personsB o Natural persons human beings created by :od through the intervention of the parents o 0uridical persons those created by law Art. -5. 9#ridical capacit ' which is the fitness to be the s#b4ect of le!al relations' is inherent in ever nat#ral person and is lost onl thro#!h death. Capacit to act' which is the power to do acts with le!al effect' is ac1#ired and "a be lost. A person is always presumed to have the capacity to act 0uridical capacity fitness to be the subCect of legal relations /apacity to act power to so acts with legal effects ,ifferences between Curidical capacity and capacity to act 7uridical Capacit8 Passive %nherent
Karen Feliz G Supnad

Lost only death

through Lost through death and may be restricted by other causes /an exist without 'xists always with capacity to act Curidical capacity 0uridical capacity is also 3nown asB o /apacidad Curidica /apacity to act is also 3nown asB o /apacidad de obrar o @acultas agendi @ull or /omplete /ivil /apacity is the union of the 3inds of capacity 8plena capacidad civil9 Art. -8. >inorit ' insanit or i"becilit ' the state of bein! a deaf6"#te' prodi!alit and civil interdiction are "ere restrictions on capacit to act' and do not e,e"pt the incapacitated person fro" certain obli!ations' as when the latter arise fro" his acts or fro" propert relations' s#ch as ease"ents. Prodigality state of s;uandering money or property with a morbid desire to preCudice the heirs of a person /ivil %nterdiction deprivation by the court of a personGs rightB o $o have parental-marital authority 14
UST Faculty of i!il La"

Capacit8 to $ct Active +erely Ac;uired

Persons and Family Relations

Atty. Jacqueline Lopez

o $o be the guardian of the person and property of a ward o $o dispose of his property by an act inter vivos o $o manage his own property 'ffect of civil interdictionB o *estrictions in this article do not extinguish capacity to act. $hey merely restrict or limit the same o $he incapacitated person is not exempt from certain obligations arising from his acts %nsanity a condition in which a personGs mind is sic3 %mbecility feeble4mindedness2 a condition in which a person thin3s li3e a small child Art. -:. The followin! circ#"stances' a"on! others' "odif or li"it capacit to act( a!e' insanit ' i"becilit ' the state of bein! a deaf6 "#te' penalt ' prodi!alit ' fa"il relations' aliena!e' absence' insolvenc and tr#steeship. The conse1#ences of these circ#"stances are !overned in this Code' other codes' the R#les of Co#rt' and in special laws. Capacit to act is not li"ited on acco#nt of reli!io#s belief or political opinion. A "arried wo"an' twent 6one
Karen Feliz G Supnad

a!e or over' is 1#alified for all acts of civil life' e,cept in cases specified b law. $his article includes circumstances which modify capacity to act Chapter 2. ;at#ral Persons Art. 0<. =irth deter"ines personalit + b#t conceived child shall be considered born for p#rposes that are favorable to it' provided it born later with the conditions specified in followin! article. the all be the

Presumptive PersonalityB Personality begins at conception A newborn is a child from the time of complete delivery until he is 6> days old Art. 01. ?or civil p#rposes' the foet#s is considered born if it is alive at the ti"e it is co"pletel delivered fro" the "others wo"b. However' if the foet#s had an intra6#terine life of less than seven "onths' it is not dee"ed born if it dies within 20 ho#rs after its co"plete deliver fro" the "aternal wo"b. ) 3inds of childrenB o .rdinary with an intra4uterine life of at 15
UST Faculty of i!il La"

ears of

Persons and Family Relations

Atty. Jacqueline Lopez

least ? months 8mere birth is sufficient9 o 'xtraordinary with an intra4uterine life of less than ? months 8should not die within )< hours after delivery9 $he law says that the foetus is considered born only for civil purposes which are beneficial to it 9uimiguing ! Icao 3" SCR$ 132 @actsB /armen Nuimiguing sued @elix %cao for damages because according to her, when they were neighbors in ,apitan /ity, they had an affair and as a result of this, she became pregnant. !he then went to court to as3 for support of her child. $he trial court ruled in favor of @elix when he said that /armen never alleged that a child had been born. (hen /armen had already given birth, she again tried to as3 for support but was denied because the trial court said that in the original action, no cause of action was averred. %ssueB (-N /armen is entitled to support for her child HeldB 1es. Art. <> of the /ivil /ode explicitly provides that a conceived child, although as yet unborn, is given by law a provisional personality of its own for all
Karen Feliz G Supnad

purposes favorable to it. $he unborn child, therefore, has a right to support from its parents, particularly of @elix, even if the child is Cust a conceived child. -eluz ! C$

2 SCR$ 121 @actsB %n 57>, Nita &illanueva became pregnant by her husband, herein private respondent, .scar LaDo, before they were legally married. $o conceal her pregnancy from her parents, she had an abortion, which was performed by herein petitioner Antionio :eluD, a registered physician. After she and .scar got married, she again became pregnant, but again got an abortion because it was an inconvenience to her Cob in the /.+'L'/. Less than two years later, she again became pregnant, and again, she got an abortion from the :eluD. .scar was, at this time, campaigning for public office in /agayan and had no 3nowledge of, nor gave his consent to the abortion. "pon 3nowledge of said last abortion, .scar filed a petition for award of damages. $his was granted by the trial court and the /A in the amount of P6,>>>, which covers an award for the death of a person. %ssueB (-N .scar and Nita are entitled to an award for damages HeldB No. !ince an action for pecuniary damages on 16
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

account of personal inCury or death pertains primarily to the one inCured, it is easy to see that if no action for such damages could be instituted in behalf of the inborn child on account of the inCuries it received, no such right of action could derivatively accrue to its parents or heirs, %n fact, even if a cause of action did accrue of behalf of the unborn chills, the same was extinguished by its prenatal death, since no transmission to anyone can ta3e place from one who lac3ed Curidical personality. %t is no answer to invo3e the provisional personality of a conceived child under Art. <> of the /ivil /ode because that same article expressly limits such provisional personality by imposing the condition specified in the next article. %n this case, there is no dispute that the child was dead when it was separated from its motherGs womb. Art. 02. death. Civil personalit is e,tin!#ished b

pres#"ed that the died at the sa"e ti"e and there shall be no trans"ission of ri!hts fro" one to the other. *ules of /ourt, *ule 6 , sec. 6 8CC9 4 (hen two persons perish in the same calamity, such as a wrec3, battle, or conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, the survivorship is presumed from the probabilities resulting from the strength and age of the sexes, according to the following rulesB a. %f both were under the age of 7 years, the older is presumed to have survived b. %f both were above the age of A>, the younger is presumed to have survived c. %f one be under 7 and the other above A>, the former is presumed to have survived d. %f both be over 7 and under A>, and the sexes be different, the male is presumed to have survived2 if the sexes be the same, then the older e. %f one be under 7 or over A>, and the other between those ages, the latter is presumed to have survived 17
UST Faculty of i!il La"

The effect of death #pon the ri!hts and obli!ations of the deceased is deter"ined b law' b contract and b will. Art. 0-. 2f there is a do#bt' as between two or "ore persons who are called to s#cceed each other' as to which of the" died first' whoever alle!es the death of one prior to the other' shall prove the sa"e+ in the absence of proof' it is
Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

$his applies to all cases except those which involve two or more persons who are called to succeed each other (hoever alleges the death of one person prior to the other, shall prove the same through a preponderance of evidence CHAPTER -. Art. 00. 9#ridical Persons

Public corporations li3e cities $he !tate itself o Private Curidical persons

provinces

and

The followin! are 4#ridical persons( @1A @2A The /tate and its political s#bdivisions+ $ther corporations' instit#tions and entities for p#blic interest or p#rpose' created b law+ their personalit be!ins as soon as the have been constit#ted accordin! to the law+ Corporations' partnerships and associations for private interest or p#rpose to which the law !rants a 4#ridical personalit ' separate and distinct fro" that of each shareholder' partner or "e"ber.

Private corporations #egins to exist as a Curidical person from the moment a certificate of incorporation is granted to it, which certificate is issued upon filing the articles of incorporation with the !ecurities and 'xchange /ommission Partnerships @oundations $he *oman /atholic /hurch in the Philippines is a person, but it is an entity or person separate and distinct from the personality of the Pope or the Holy !ee Art. 05. 9#ridical persons "entioned in ;os. 1 and 2 of the precedin! article are !overned b the laws creatin! or reco!ni&in! the". Private corporations are re!#lated b laws of !eneral application on the s#b4ect. Partnerships and associations for private interest or p#rpose are !overned b the provisions of this Code concernin! partnerships.

@-A

$wo 3inds of Curidical personsB o Public Curidical persons


Karen Feliz G Supnad

18

UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

:*B $he nationality of a corporation is generally determines by the place of its incorporation o 'xceptionsB @or the grant of rights in the /onstitution to the operation of public utilities, and for the ac;uisition of land, and other natural resources, a corporation, even if incorporated here, cannot ac;uire said rights unless A>O of its capital be Philippine4owned ,uring war, we may pierce the veil of corporate identity, and go to the very nationality of the controlling stoc3holder regardless of where the incorporation had been made for the purpose of freeDing its assets or for other means for Philippine security 'ven if a foreign corporation is not doing business in the Philippines, and even if not licensed, it may sue here in our country $here is no general rule or governing principle as to what constitutes EdoingF or Eengaging inF or EtransactingF business in the Philippines Art. 03. 9#ridical persons "a ac1#ire and possess propert of all kinds' as well as inc#r obli!ations and brin! civil or cri"inal actions' in
Karen Feliz G Supnad

confor"it with the laws and re!#lations of their or!ani&ation. *ights of Curidical personsB o $o ac;uire and possess property of all 3inds o $o incur obligations o $o bring civil or criminal actions A corporation may not form a partnership because the relationship of trust and confidence which is found in a partnership is absent in corporations "nder the Laurel4Langley Agreement, a partnership or a corporation whose controlling interest is American may engage in the exploitation and development of our natural resources only if the particular "! state which the members or stoc3holders are citiDens of allow reciprocal rights to @ilipino citiDens and associations or corporations "nder *A =>, persons not citiDens of the Philippines, and associations, partnerships, or corporations the capital of which is not owned wholly by citiDens of the Philippines, are prohibited from engaging in the retail trade directly or indirectly A person who contracts with a EcorporationF cannot later deny its personality Art. 05. 19 Bpon the dissol#tion of corporations'
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

instit#tions and other entities for p#blic interest or p#rpose "entioned in ;o. 2 of Article 00' their propert and other assets shall be disposed of in p#rs#ance of law or the charter creatin! the". 2f nothin! has been specified on this point' the propert and other assets shall be applied to si"ilar p#rposes for the benefit of the re!ion' province' cit or "#nicipalit which d#rin! the e,istence of the instit#tion derived the principal benefits fro" the sa"e. $his article refers to public corporations or associations How assets are to be distributedB o @irst, apply the provisions of the law or charter creating them o !econd, if there is no such provision, the assets will be for the benefit of the place which was already receiving the principal benefits during the existence of the corporation or association A corporation can exercise its powers and transact business can only do so thru its board of directors, officers and agents, when authoriDed by a board resolution or its by4laws

%itle I. +$RRI$-&
CHAPTER 1. Re1#isites of >arria!e '. )>5 or the @amily /ode of the Philippines was signed into effectivity by Pres. /oraDon A;uino on 0uly A, 5=? %t became effective on August 6, 5== @amily /ode /ommittee membersB o 0#L *eyes o *icardo Puno o 'duardo /aguioa *ationale for /ivil /ode revision and @amily /ode enactmentB o $o moderniDe legislation o $o be made applicable to @ilipino culture o %mplementation of certain provisions of the 5=? /onstitution Art. 1. >arria!e is a special contract of per"anent #nion between a "an and a wo"an entered into in accordance with law for the establish"ent of con4#!al and fa"il life. 2t is the fo#ndation of the fa"il and an inviolable social instit#tion whose nat#re' conse1#ences' and incidents are !overned b law and s#b4ect to stip#lation' e,cept that "arria!e settle"ents "a fi, the propert relations d#rin! the "arria!e 20
UST Faculty of i!il La"

%H& )$+IL, C(D& () %H& HILI

I*&S

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

within the li"its provided b ) aspects of marriageB o !pecial contract

this Code.

well as its incidents are governed by law ./B Agreements depend on stipulations of the parties o As to age of capacityB +arriageB Age varies as re;uirements for marriage ./B Age of maCority o As to dissolutionB regards the

o !tatus or a relation or an institution +arriage is the union and inviolable social institution of one man with one woman for the reciprocal blessings of a domestic home life, and for the birth, rearing, and education of children +arriage is a new relation in the maintenance of which the general public is interested Purpose of marriageB establishment of conCugal and family life Art. 7 of the /onstitutionB +arriage, as an inviolable social institution, is the foundation of the family and shall be protected by the !tate +arriage versus .rdinary /ontractsB o As to sex of contracting partiesB +arriageB .ne man and one woman ./B No particular gender pairing re;uired o As to natureB +arriageB !ocial institution P contract ./B +ere contract only o As to content and conse;uencesB +arriageB !tipulations are of no value because its nature and conse;uences, as 21

+arriageB ,issolved by death or annulment or declaration of nullity ./B ,issolved by mutual agreement and other legal causes

242 SCR$ #/. @actsB

hilippine %elegraph and %elephone Compan8 ! *LRC

:race de :uDman was initially hired by petitioner as a reliever, specifically as a E!upernumerary ProCect (or3erF for a fixed period from Nov. ) , 55> to April )>, 55 . "nder the reliever agreement she signed with petitioner, her employment was to be immediately terminated upon the expiration of said period. $hereafter, from 0une >, 55 to 0uly , 55 , and from 0uly 5, 55 to Aug. =, 55 , :raceGs services as reliever were again engaged by petitioner. .n !ept. ), 55 , she was once more as3ed to Coin the company as a probationary employee, the probationary period, covering 7> days. %n the Cob application, she stated that she was
UST Faculty of i!il La"

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

single, although in truth, she had contracted marriage earlier, on +ay )A, 55 . %t appears that she had also stated that she was single in the last two reliever agreements that she signed. (hen the company learned of her marriage, it as3ed her about the discrepancy and reminder her of the company policy of not accepting married women for employment. !he was terminated thereafter, and she then filed a complaint for illegal dismissal. $he labor arbiter handed down a decision stating that :race was illegally dismissed and that the ground relied upon by the company for such dismissal was clearly insufficient, and that it was apparent that :race wad been discriminated against on account of her having contracting marriage in violation of company rules. %ssueB (-N the company policy of not hiring married women are contrary to law HeldB 1es. PetitionerGs policy of not accepting any woman wor3er who contracts marriage runs afoul of the test of, and the right against, discrimination, afforded all women wor3ers by our lawbor laws and the /onstitution. %t also runs against the policy of the state to regard marriage as sacrosanct as according to the /onstitution and the @amily /ode of the Philippines. 3alog5og ! C$ -R 13#/10 +arch 40 1//4
Karen Feliz G Supnad

@actsB $he deceased #asilio and :enoveva #alogbog dies intestate, leaving two children, Leoncia and :audioso. $hey had another child, :avino, but he died before his parents did. %n 5A=, respondents *amonito and :eneroso #alogbog brought an action for partition and accounting against petitioners Leoncia and :audioso, alleging that they were legitimate children of :avino and /atalina "bas, and as such, they were entitled to the -6 share of their father in their grandparentsG estate. (hen the petitioners contested their legitimacy, they presented various witnesses to their parentsG wedding and their own births. +eanwhile, to rebut such witness testimonies, petitioners denied that their brother had any legitimate children and said that they didnGt 3now the respondents. $hey also obtained a certificate from the L/* to the effect that the office didnGt have a record of the marriage of :avino and /atalina. %ssueB (-N *amonito and :eneroso are entitled to their fatherGs share in the estate of the latterGs parents HeldB 1es. $he presumption is that a man and a woman conducting themselves as husband and wife are legally married. $his evidence may be rebutted only by cogent proof to the contrary. $here is no merit in the argument that the existence of the marriage cannot be presumed because there was no evidence showing in particular that 22
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

:avino and /atalina, in the presence of two witnesses, declared that they were ta3ing each other as husband and wife. An exchange of vows can be presumed to have been made from the testimonies of the witnesses who state that a wedding too3 place, since the very purpose for having a wedding is to exchange vows of marital commitment. $he law favors the validity of marriafe because the !tate is interested in the preservation of the family and the sanctity of the family is a matter of constitutional concern. Hermosisima ! C$ -R L61".210 Septem5er 320 1/.2 @actsB !oledad /agigas, who was ten years younger than @rancisco Hermosisima, was a school teacher in /ebu when she met the latter. $hey then used to go around and were regarded as engaged. !he became pregnant, and when she told @rancisco, he promised to marry her. However, a few months thereafter, @rancisco married a certain *omanita PereD. !oledad then filed an action damages for his breach of promise to marry her. %ssueB (-N moral damages are recoverable for breach of promise to marry HeldB No. %n the .ld /ivil /ode of !pain, it was
Karen Feliz G Supnad

permitted to recover damages for breach of promise to marry. /ertain proposals to include similar provisions in the new /ivil /ode were made but the same were eliminated in /ongress because there had already been a ruling in the case of ,e 0esus v !y;uia, that breach of promise to marry is not actionable. $hese obCections were approved in both houses. :assmer ! 'elez 12 SCR$ ."1 @actsB @rancisco &eleD and #eatriD (asmer decided to get married and set !ept. <, 57< as the big day. $hey had already applied for and obtained a marriage license, the invitations were sent out, the dresses were made, everything was ready. .n !ept. ) however, &eleD left a note for (asmer saying that the wedding has to be postponed because his mother opposes it, and left for his hometown in +indanao. $he next day, however, he wired a message to (asmer saying that nothing has changed and that he will be bac3 soon. He never returned. %ssueB (-N such breach of promise to marry in this case is actionable HeldB 1es. $his is not a case of a mere breach of promise to marry because such is not actionable. #ut in this case, to formally set a wedding and go through all the 23
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

preparation and publicity, only to wal3 out of it when the matrimony is about to be solemniDed is ;uite different. $his is palpably and unCustifiably contrary to good customs for which &eleD must be held answerable for damages. Art. 2. ;o "arria!e shall be valid' #nless these essential re1#isites are present( @1A Le!al capacit of the contractin! parties who "#st be a "ale and a fe"ale+ and @2A Consent freel !iven in the presence of the sole"ni&in! officer. E/onsentF as used in this article means consent of the contracting parties o Parental consent is in connection with legal capacity o /onsent vitiated by error, fraud, the the

@2A

@-A

A valid "arria!e license e,cept in the cases provided for in Chapter 2 of this Title+ and A "arria!e cere"on which takes place with the appearance of the contractin! parties before the sole"ni&in! officer and their personal declaration that the take each other as h#sband and wife in the presence of not less than two witnesses of le!al a!e.

intimidation, force, etc., marriage merely voidable o %f there is absolutely no marriage is void Art. -. are( @1A

renders consent,

Legal /apacity necessary age or necessary consent2 no impediment caused by a prior existing marriage or by certain relationships by affinity or consanguinity Absence of any of the formal re;uisites renders the marriage &.%, A# %N%$%. if except if one or both of the contracting parties are in good faith According to !ec. <6 of the +arriage Law of 5)5, which has not been repealed up to now, solemniDing a marriage without authority to do so is punishable byB o %mprisonment of not less than month and not more than ) years o @ine of not less than 7>Php but not more than ),>>>Php

The for"al re1#isites of "arria!e A#thorit officer+ of the sole"ni&in!

Karen Feliz G Supnad

24

UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

Art. 0. The absence of an of the essential or for"al re1#isites shall render the "arria!e void ab initio' e,cept as stated in Article -5 @2A. A defect in an of the essential re1#isites shall render the "arria!e voidable as provided in Article 05. An irre!#larit in the for"al re1#isites shall not affect the validit of the "arria!e b#t the part or parties responsible for the irre!#larit shall be civill ' cri"inall and ad"inistrativel liable. Art. 67 8)9 $hose solemniDed by any person not legally authoriDed to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemniDing officer had the legal authority to do so 8&.%, @*.+ $H' #':%NN%N:9 Art. <7 :rounds for annulmentB o Person as3ing for annulment is over = but below ) , married without parental consent unless the marriage is ratified by non4action o 'ither party is of unsound mind o /onsent is vitiated by fraud, unless ratified by non4action o /onsent vitiated by force, intimidation, or undue
Karen Feliz G Supnad

action o Physical

incapacity

of

consummating

the

marriage, and the incapability continues or is incurable o 'ither party is suffering from a sexually transmitted disease, and such !$, is serious and incurable Art. 5. An "ale or fe"ale of the a!e of 18 ears or #pwards not #nder an of the i"pedi"ents "entioned in Articles -5 and -8' "a contract "arria!e. Art. 6? $he following marriages are incestuous and void, whether or not the parties have a legitimate relationshipB o Ascendants and descendants of any degree o #rothers and sisters, whether full or half4 blood Art. 6= $he following marriages are void for reason of public policyB o #etween collateral blood relatives, w-n legitimate, up to <th civil degree o #etween step4parents and their step4children o #etween parents4in4law and their children4in4 law o #etween the adopting parent and the adopted child

influence,

unless

ratified

by

non4 25

UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

o #etween the surviving spouse of the adopting parent and the adopted child o #etween the surviving spouse of the adopted child and the adopter o #etween the adopted child and the legitimate child of the adopter o #etween adopted children of the same adopter o #etween the 3iller and the victimGs spouse if the intention to marry was the motivation for the crime Art. 3. ;o prescribed for" or reli!io#s rite for the sole"ni&ation of the "arria!e is re1#ired. 2t shall be necessar ' however' for the contractin! parties to appear personall before the sole"ni&in! officer and declare in the presence of not less than two witnesses of le!al a!e that the take each other as h#sband and wife. This declaration shall be container in the "arria!e certificate which shall be si!ned b the contractin! parties and their witnesses and attested b the sole"ni&in! officer. 2n case of a "arria!e in artic#lo "ortis' when the part at the point of death is #nable to si!n the "arria!e certificate' it shall be s#fficient for one of the witnesses to the "arria!e to write the na"e of said part ' which fact shall be attested b the sole"ni&in! officer.
Karen Feliz G Supnad

A ceremony is re;uired, although no particular form is needed A common4law marriage is onw hwere the man and the woman live together as husband and wife without getting married +arriage by proxyB one where the other party is merely represented by a delegate or friend. o *"L'!B %f performed in the Philippines, such marriage is void because the physical presence of the parties is re;uired %f performed abroad, regardless of the nationality of the contracting parties, Art. )A applies 8follow laws of country where marriage was solemniDed9 without preCudice to restrictions that may be imposed by our immigration laws >arria!e "a @1A be sole"ni&ed b (

Art. 5.

@2A

An inc#"bent "e"ber of the 4#diciar within the co#rts 4#risdiction+ An priest' rabbi' i"a"' or "inister of an ch#rch or reli!io#s sect and re!istered with the civil re!istrar !eneral' actin! within the li"its of the written a#thorit
UST Faculty of i!il La"

26

Persons and Family Relations

Atty. Jacqueline Lopez

@-A

@0A

@5A

!ranted hi" b his ch#rch or reli!io#s sect and provided that at least one of the contractin! parties belon!s to the sole"ni&in! officer s ch#rch or reli!io#s sect+ An ship captain or airplane chief onl in the cases "entioned in Article -1+ An "ilitar co""ander of a #nit to which a chaplain is assi!ner' in the absence of the latter' d#rin! a "ilitar operation' likewise onl in the cases "entioned in Article -2+ or An cons#l6!eneral' cons#l' or vice6cons#l in the case provided in Article 1<.

solemniDe marriages in any case A military commander may solemniDe marriages in articulo mortis within the Done of military operation o He must be a commissioned officer with the ran3 of at least )nd Lieutenant o E"nitF refers to a battalion and not merely a company o $here must be an actual war and not Cust a simulated military exercise /onsular officials may solemniDe marriages between @ilipino citiDens whether living or soCourning abroad o %n this case, the consular official must perform the role of the solemniDing officer, and also of the local civil registrar as regards the issuance of the marriage license %f a person see3s to impugn the validity of a marriage in the ground that the person who solemniDed it was not really authoriDed, such lac3 of authoriDation must be proved by the person see3ing to challenge the same Cosca ! ala8pa8on 234 SCR$ 2"/ @actsB 0udge Palaypayon and /ler3 of /ourt Nelia #aroy, 27
UST Faculty of i!il La"

"nder the Local :overnment /ode which became effective on 0an. , 55), mayors are now authoriDed to perform marriages within their Curisdiction A marriage in articulo mortis between passengers or crew members may be solemniDed by a ship captain or by am airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call because it is part of the voyage still o An assistant pilot or captain cannot
Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

herein respondents, were complained of illegal solemniDation of marriage, falsification of the monthly reports of cases, bribery in consideration of an appointment in the court, non4issuance of receipt for cash bond received, infidelity in the custody of detained prisoners, and re;uiring payment of filing fees from exempted entities. $he complainants were also members of the staff of court. /omplainants allege that the Cudge solemniDed marriages even without the re;uisite marriage license. $hus, some couples were able to get married by the simple expedient of paying the marriage fees to #aroy. As a conse;uence, their marriage contracts did not reflect any marriage license number. %n addition, the Cudge did not sign their marriage contracts and did not indicate the date of the solemniDation, the reason being that he allegedly had to wait for the marriage license to be submitted by the parties. !uch marriage contracts were not filed with the L/*. %ssueB (-N such marriages are valid under the @amily /ode HeldB No. $he @amily /ode pertinently provides that one of the formal re;uisites of marriage is a valid marriage license except in some cases. %t also declares that the absence of any of the essential or formal re;uisites shall render the marriage void ab initio. 0udge Palaypayon is also civilly, criminally, and administratively liable.

12# hil ." @actsB

eople ! 3ustamante

@ederico #ustamante married +aria PereD on August 5, 57< before the 0ustice of the Peace of #inalonan, Pangasinan. He then married ,emetria $ibayan on !ept. A, 577 before &ice +ayor @rancisco Nato, who was then Acting +ayor of the municipality. @ederico lived with ,emetria and her parents for about a month, after which time he returned to +aria. ,emetria learned of @edericoGs first marriage when she was loo3ing for him. !he filed a criminal charge of bigamy against @ederico. %ssueB (-N the second marriage is valid, it having been solemniDed by an acting mayor only HeldB 1es. (hen the issue involves the assumption of powers and duties of the office of the mayor by the vice4 mayor, it is immaterial whether it is because the latter is the Acting +ayor or merely acting as mayor, for in both instances, he discharges all the duties and wields the duties the powers appurtenant to said office. $his instance does not involve a ;uestion of title to the office, but the performance of the functions thereunto appertaining by one who is admitted to be temporarily vested with it. Art. 8. 28 The "arria!e shall be sole"ni&ed
UST Faculty of i!il La"

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

p#blicl in the cha"bers of the 4#d!e or in open co#rt' in the ch#rch' chapel or te"ple' or in the office of the cons#l6!eneral' cons#l' or vice6 cons#l' as the case "a be' and not elsewhere' e,cept in cases of "arria!es contracted at the point of death or in re"ote places in accordance with Article 2: of this Code or where both of the parties re1#est the sole"ni&in! offices in writin! in which case the "arria!e "a be sole"ni&ed at a ho#se or place desi!nated b the" in a sworn state"ent to that effect. *ationaleB $he re;uirement that marriage be done publicly is based on the premise that the !tate ta3es an active interest in the marriage :*B $he marriage shall be solemniDed in the chambers of the Cudge, or in open court, in the church, chapel or temple, or in the office of the consul4general, consul, or vice4consul, as the case may be o 'xceptionsB %n cases of marriages contracted at the point of death %n remote places in accordance with Art. )5 (here both of the parties re;uest the solemniDing officer in writing in which case the marriage may be solemniDed at a house or place designated by them in a 29

sworn statement to that effect Art. :. A "arria!e license shall be iss#ed b the local civil re!istrar of the cit or "#nicipalit where either contractin! part habit#all resides' e,cept in "arria!es where no license is re1#ired in accordance with Chapter 2 of this Title. 'ffect of non4observance of this articleB +arriage is valid2 .nly a mere irregularity $he marriage license should be issued by the local civil registrar of the municipality where either contracting party habitually resides $he solemniDing officer need not investigate whether or not the license had been properly issued /ases where marriage license is not re;uiredB o +arriages solemniDed by a ship captain, airplane chief, or military commander of a unit o +arriages in articulo mortis o +arriages in remote places o +arriages of people who have previously cohabited for at least 7 years with no legal impediments to marry o +arriages between pagans and +ohammedans, who live in non4/hristian provinces, and who are married in accordance with their customs
UST Faculty of i!il La"

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

*eligious ratification of a valid marriage does not re;uire a marriage license Art. 1<. >arria!es between ?ilipino citi&ens abroad "a be sole"ni&ed b a cons#l6!eneral' cons#l or vice6cons#l of the Philippines. The iss#ance of the "arria!e license and the d#ties of the local civil re!istrar and of the sole"ni&in! officer with re!ard to the celebration of "arria!e shall be perfor"ed b said cons#lar official. $ransients and soCourners are included in this case Art. )A is an exception to this case Art. 11.7here a "arria!e license is re1#ired' each of the contractin! parties shall file separatel a sworn application for s#ch license with the proper local civil re!istrar which shall specif the followin!( @0A @5A @3A @5A @8A ?#ll na"e of the contractin! part Place of birth A!e and date of birth Civil stat#s 2f previo#sl "arried' how' when and where the previo#s "arria!e was dissolved or ann#lled Present residence and citi&enship 30

@1<A @11A @12A @1-A

.e!ree of relationship of the contractin! parties ?#ll na"e' residence and citi&enship of the father ?#ll na"e' residence and citi&enship of the "other ?#ll na"e' residence and citi&enship of the !#ardian or person havin! char!e' in case the contractin! part has neither father nor "other and is #nder the a!e of 21 ears.

The applicants' their parents or !#ardians shall not be re1#ired to e,hibit their residence certificates in an for"alit in connection with the sec#rin! of the "arria!e license. Purpose of this articleB @or the public to be notified of the marriage license application 'ffect of false statementB Liable under Art. ?) of the *P/ @alsification of public documents Art. 12. The local civil re!istrar' #pon receivin! s#ch application' shall re1#ire the presentation of the ori!inal birth certificate or' in defa#lt thereof' the baptis"al certificates of the contractin! parties or copies of s#ch doc#"ents d#l
UST Faculty of i!il La"

@:A
Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

attested b the persons havin! c#stod of the ori!inals. These certificates or certified copies of the doc#"ents re1#ired b this Article need not be sworn to and shall be e,e"pt fro" the doc#"entar sta"p ta,. The si!nat#re and official title of the person iss#in! the certificate shall be s#fficient proof of its a#thenticit . 2f either of the contractin! parties is #nable to prod#ce his birth or baptis"al certificate or a certified cop of either beca#se of the destr#ction or loss of the ori!inal' or if it is shown b an affidavit of s#ch part or of an other person that s#ch birth or baptis"al certificate has not et been received tho#!h the sa"e has been re1#ired of the person havin! c#stod thereof at least 15 da s prior to the date of the application' s#ch part "a f#rnish in lie# thereof his c#rrent residence certificate or an instr#"ent drawn #p and sworn to before the local civil re!istrar concerned or an p#blic official a#thori&ed to ad"inister oaths. /#ch instr#"ent shall contain the sworn declaration of two witnesses of lawf#l a!e' settin! forth the f#ll na"e' residence and citi&enship of s#ch contractin! part if known' and the place and date of birth of s#ch part . The nearest of kin of the contractin! parties shall be preferred as witnesses' or' in their defa#lt' persons of !ood
Karen Feliz G Supnad

rep#tation in the province or the localit . The presentation of birth or baptis"al certificate shall not be re1#ired if the parents of the contractin! parties appear personall before the local civil re!istrar concerned and swear to the correctness of the lawf#l a!e of s#ch parties' as stated in the application' or when the local civil re!istrar shall' b "erel lookin! at the applicants #pon their personall appearin! before hi"' be convinced that either or both of the" have the re1#ired a!e. $his article sets forth the rules by which the civil registrar shall determine as to whether the parties have the re;uired age for marriage (hen presentation of birth or baptismal certificate not re;uiredB o (hen the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application 8Art. )9 o (hen the local civil registrar shall, by merely loo3ing at the applicants upon their personally appearing before him, be convinced that either or both of them have the re;uired age 8Art. )9 31
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

o (hen

either

or

both

parties

had

been

previously married, they shall present the death certificate of the deceased spouse, or the Cudicial decree of absolute divorce, or the Cudicial decree of annulment or declaration of nullity of his or her previous marriage 8Art. 69 Art. 1-. 2n case either of the contractin! parties has been previo#sl "arried' the applicant shall be re1#ired to f#rnish' instead of the birth or baptis"al certificate re1#ired in the last precedin! article' the death certificate of the deceased spo#se or the 4#dicial decree of absol#te divorce' or the 4#dicial decree of ann#l"ent or declaration of n#llit of his or her previo#s "arria!e. 2n case the death certificate cannot be sec#red' the part shall "ake an affidavit settin! forth this circ#"stance and his or her act#al civil stat#s and the na"e and date of death of the deceased spo#se. Art. 10. 2n case either or both of the contractin! parties' not havin! been e"ancipated b a previo#s "arria!e' are between the a!es of ei!hteen and twent 6one' the shall' in addition to the re1#ire"ents of the precedin! articles' e,hibit to the local civil re!istrar' the consent to their "arria!e of their father' "other' s#rvivin! parent
Karen Feliz G Supnad

or !#ardian' or persons havin! le!al char!e of the"' in the order "entioned. /#ch consent shall be "anifested in writin! b the interested part ' who personall appears before the proper local civil re!istrar' or in the for" of an affidavit "ade in the presence of two witnesses and attested before an official a#thori&ed b law to ad"inister oaths. The personal "anifestation shall be recorder in both applications for "arria!e license' and the affidavit' if one is e,ec#ted instead' shall be attached to said applications. (ithout parental consent, the marriage is only voidable, not void Art. 15. An contractin! part between the a!e of twent 6one and twent 6five shall be obli!ed to ask their parents or !#ardians for advice #pon the intended "arria!e. 2f the do not obtain s#ch advice' or if it be #nfavorable' the "arria!e license shall not be iss#ed till after three "onths followin! the co"pletion of the p#blication of the application therefor. A sworn state"ent b the contractin! parties to the effect that s#ch advice has been so#!ht' to!ether with the written advice !iven' if an ' shall be attached to the application for "arria!e license. /ho#ld the parents or !#ardian ref#se to !ive an advice' this fact shall be stated in the sworn state"ent. 32
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

referred to in the precedin! para!raph. %f parents refuse to give advice or gives an unfavorable advice, the marriage would still be possible pursuant to this article %f parties refuse to obtain parental advice, the marriage license must not be issued till after 6 months from the end of the >4day publication Art. 13. 2n the cases where parental consent or parental advice is needed' the part or parties concerned shall' in addition to the re1#ire"ents of the precedin! articles' attach a certificate iss#ed b a priest' i"a" or "inister a#thori&ed to sole"ni&e "arria!e #nder Article 5 of this Code or a "arria!e co#nselor d#l accredited b the proper !overn"ent a!enc to the effect that the contractin! parties have #nder!one "arria!e co#nselin!. ?ail#re to attach said certificate of "arria!e license shall s#spend the iss#ance of the "arria!e license for a period of three "onths fro" the co"pletion of the p#blication of the application. 2ss#ance of the "arria!e license within the prohibited period shall s#b4ect the iss#in! officer to ad"inistrative sanctions b#t shall not affect the validit of the "arria!e. /ho#ld onl one of the contractin! parties need parental consent or parental advice' the other part "#st be present at the co#nselin!
Karen Feliz G Supnad

Art. 15. The local civil re!istrar shall prepare a notice which shall contain the f#ll na"es and residences of the applicants for a "arria!e license and other data !iven in the applications. The notice shall be posted for ten consec#tive da s on a b#lletin board o#tside the office of the local civil re!istrar located in a conspic#o#s place within the b#ildin! and accessible to the !eneral p#blic. This notice shall re1#est all persons havin! knowled!e of an i"pedi"ent to the "arria!e to advise the local civil re!istrar thereof. The "arria!e license shall be iss#ed after the co"pletion of the period of p#blication. Art. 18. 2n case of an i"pedi"ent known to the local civil re!istrar or bro#!ht to his attention' he shall note down the partic#lars thereof and his findin!s therein in the application for a "arria!e license' b#t shall nonetheless iss#e said license after the co"pletion of the period of p#blication' #nless ordered otherwise b a co"petent co#rt at his own instance or that of an interested part . ;o filin! fee shall be char!ed for the petition nor a correspondin! bond re1#ired for the iss#ance of the order. $he local civil registrar, in the issuance of 33
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

the marriage license, exercises only a ministerial function 8he has no authority to exercise discretion in issuing the marriage license9 +arriage Law of 5)5, !ec. 6=B Art. 1:. The local civil re!istrar shall re1#ire the pa "ent of the fees prescribed b law or re!#lations before the iss#ance of the "arria!e license. ;o other s#" shall be collected in the nat#re of a fee or ta, of an kind for the iss#ance of said license. 2t shall' however' be iss#ed free of char!e to indi!ent parties' that is' those who have no visible "eans of inco"e or whose inco"e is ins#fficient for their s#bsistence' a fact established b their affidavit or b their oath before the local civil re!istrar. Art. 2<. The license shall be valid in an part of the Philippines for a period of 12< da s fro" the date of iss#e' and shall be dee"ed a#to"aticall cancelled at the e,piration of said period if the contractin! parties have not "ade #se of it. The e,pir date shall be sta"ped in bold characters on the face of ever license iss#ed. "nder Art. 67> of the *P/, any officer who solemniDes a marriage as well as the parties
Karen Feliz G Supnad

thereto after the license had expired may be held criminally liable Art. 21. 7hen either or both of the contractin! parties are citi&ens of a forei!n co#ntr ' it shall be necessar for the" before a "arria!e license can be obtained' to s#b"it a certificate of le!al capacit to contract "arria!e' iss#ed b their respective diplo"atic or cons#lar officials. /tateless persons or ref#!ees fro" other co#ntries shall' in lie# of the certificate of le!al capacit herein re1#ired' s#b"it an affidavit statin! the circ#"stances showin! s#ch capacit to contract "arria!e. $his article is based in the nationality theory pursuant to Art. 7 of the /ivil /ode $he capacity of foreigners to contract marriage in the Philippines is subCect to their personal law, thus, they are re;uired under this article to obtain a certificate of legal capacity $his article applies when at least one of the contracting parties are foreigners $he certificate of legal capacity should be issued by the proper diplomatic or consular officials $here is no such thing as a secret marriage

34

UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

Art. 22. The "arria!e certificate' in which the parties shall declare that the take each other as h#sband and wife' shall also state( @1A @2A @-A @0A The f#ll na"e' se, and a!e of each contractin! part + Their citi&enship' reli!ion and habit#al residence+ The date and precise ti"e of the celebration of the "arria!e+ That the proper "arria!e license has been iss#ed accordin! to law' e,cept in "arria!es provided for in Chapter 2 of this Title+ That either or both of the contractin! parties have sec#red the parental consent in appropriate cases+ That either or both of the contractin! parties have co"plied with the le!al re1#ire"ent re!ardin! parental advice in appropriate cases+ and That the parties have entered into a "arria!e settle"ent' if an ' attachin! a cop thereof.

contract Art. 2-. 2t shall be the d#t of the person sole"ni&in! the "arria!e to f#rnish either of the contractin! parties the ori!inal of the "arria!e certificate referred to in Article 3 and to send the d#plicate and triplicate copies of the certificate not later than fifteen da s after the "arria!e' to the local civil re!istrar of the place where the "arria!e was sole"ni&ed. Proper receipts shall be iss#ed b the local civil re!istrar to the sole"ni&in! officer trans"ittin! copies of the "arria!e certificate. The sole"ni&in! officer shall retain in his file the 1#adr#plicate cop of the "arria!e certificate' the ori!inal of the "arria!e license and' in proper cases' the affidavit of the contractin! part re!ardin! the sole"ni&ation of the "arria!e in a place other than those "entioned in Article 8. *egardless of this article, even if no one receives a copy of the marriage certificate, the marriage will still be valid %rinidad ! C$ 21/ SCR$ 111 @actsB .n August 35 >, 5?=, Arturio $rinidad filed with the
UST Faculty of i!il La"

@5A

@3A

@5A

$he best documentary evidence of a marriage is the marriage certificate or the marriage
Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

/@% of A3lan an action for partition of land, claiming that he was the son of the late %nocentes $rinidad, one of the 6 children of Patricio $rinidad, who was the original owners of such parcels of land. (hen Patricio died in 5<>, he left the parcels of land to his 6 children, %nocentes, Lourdes, and @elix. %n 5?>, Arturio demanded from his fatherGs siblings, Lourdes and @elix, the partitioning of the land. Lourdes and @elix denied that Arturio was their brotherGs son and contended that he was in fact single when he died. %n the trial court, Arturio presented various witnesses to prove that %nocentes and @elicidad +olato were in fact married. @elix died during the proceedings and to disprove ArturioGs claim, Lourdes presented witnesses of her own. %ssueB (-N Arturio has sufficiently proven his parentsG marriage HeldB 1es. According to past Curisprudence, marriage may be proven by relevant evidence. $o prove the fact of marriage, the following would constitute competent evidenceB the testimony of a witness to the matrimony, the coupleGs public and open cohabitation as husband and wife after the alleged wedding, the birth and the baptismal certificates of children born during such union, and the mention of such nuptial in subse;uent documents. %n this case, Arturio secured a certification from the office of the /ivil *egistrar of A3lan that all record of births, deaths and marriages were either lost, burned, or destroyed during the 0apanese occupation. $his
Karen Feliz G Supnad

is not fatal to ArturioGs plea. Although the marriage contract is considered the primary evidence of the marital union, ArturioGs failure to present it is not proof that no marriage too3 place, as other forms of relevant evidence may ta3e its place. Repu5lic ! C$ and Castro 23. SCR$ 2#4 @actsB .n 0une )<, 5?>, Angelina /astro and 'dwin /ardenas were married by 0udge Pablo +alvar in Pasay. $he marriage was celebrated without the 3nowledge of AngelinaGs parents. After the wedding, the couple did not live together as AngelinaGs parents still did not 3now of the union. %t was only in +arch 5? , when Angelina learned she was pregnant, that the couple decided to live together. #ut their cohabitation lasted only for < months, and thereafter, they parted ways. (hen Angelina gave birth, the baby was adopted by her brother, with 'dwinGs consent. #ecause the baby is in the "!, Angelina wanted to go there but she wanted to set her marital affairs in order, and sough the assistance of a lawyer. $hey found out that there was in fact no marriage license issued to 'dwin prior to the celebration of their marriage. !he filed for declaration of nullity and presented a certification from the /ivil *egistry .ffice that there was no marriage license issued in her and 'dwinGs names. 36
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

%ssueB (-N the marriage is valid given there is no valid marriage license HeldB No. At the time of the celebration of the marriage, the law governing marital relations was the New /ivil /ode, which provides that no marriage shall be solemniDed without a marriage license first issued by a local civil registrar. #eing one of the essential re;uisites of a valid marriage, absence of a license would render the marriage void ab initio Art. 20. 2t shall be the d#t of the local civil re!istrar to prepare the doc#"ents re1#ired b this Title' and to ad"inister oaths to all interested parties witho#t an char!e in both cases. The doc#"ents and affidavits filed in connection with applications for "arria!e licenses shall be e,e"pt fro" doc#"entar sta"p ta,. Art. 25. The local civil re!istrar concerned shall enter all applications for "arria!e licenses files with hi" in a re!istr book strictl in the order in which the sa"e are received. He shall record in said book the na"es of the applicants' the date on which the "arria!e license was iss#ed' and s#ch other data as "a be necessar . Art. 23. All "arria!es sole"ni&ed o#tside the 37

Philippines in accordance with the laws in force in the co#ntr where the were sole"ni&ed' and valid in force in the co#ntr where the were sole"ni&ed' and valid there as s#ch' shall also be valid in this co#ntr ' e,cept those prohibited #nder Articles -5@1A' @0A' @5A and @3A' and -3' -5' and -8. 7here a "arria!e between a ?ilipino citi&en and a forei!ner is validl celebrated and a divorce is thereafter validl obtained abroad b the alien spo#se capacitatin! hi" or her to re"arr ' the ?ilipino spo#se shall likewise have capacit to re"arr #nder Philippine law. @As a"ended b E$ 225' 9#l 15' 1:85A *e;uirements to prove a foreign marriageB o $he existence of the pertinent provisions of the foreign marriage law o $he celebration or performance of the

marriage in accordance with said law @oreign law is not of Cudicial notice and it must be proved as a fact -arcia ! Recio

-R 1313220 (cto5er 20 2221 @actsB *ederic3 *ecio, a @ilipino, was married to 'ditha
UST Faculty of i!il La"

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

!amson, an Australian national on +arch , 5=?. However, on +ay =, 5=5, a decree of divorce, purportedly dissolving the marriage, was issued by an Australian family court. .n 0une )A, 55), *ecio became an Australian citiDen. He and petitioner :race :arcia, a @ilipina, were married on 0anuary ), 55<. %n their application for a marriage license, *ecio was declared as EsingleF and E@ilipino.F A year after the wedding, :arcia and *ecio started living separately without prior Cudicial dissolution of their marriage. (hile they were still in Australia, their conCugal assets were also divided. .n +arch 6, 55=, :arcia filed a /omplaint for ,eclaration of Nullity of +arriage on the ground of bigamy because *ecio allegedly had a prior subsisting marriage at the time he married her. (hile the suit was pending, *ecio was able to secure a divorce decree from the family court in !ydney. %ssueB (-N the divorce decree between *ecio and 'ditha !amson is admissible without proof in Philippine courts HeldB No. #efore a foreign document is given presumptive evidentiary value, the document must first be presented and admitted in evidence. A divorce obtained abroad is proven by the divorce decree itself. "nder the *ules of /ourt, a writing or document ay be proven as a pubic or official record of a foreign country by either 8 9 an official publication or 8)9 a copy thereof attested to by the officer having legal custody of the document2 if the
Karen Feliz G Supnad

record is not 3ept in the Philippines, such copy must be 8a9 accompanied by a certificate issued by the proper diplomatic or consular officer in the Philippine foreign service stationed in the foreign country in which the record is 3ept, and 8b9 authenticated by the seal of his office. However, in this case, such decree presented by *ecio as evidence has already been accepted by the trial court because of :arciaGs counselGs failure to obCect to such submission. 'an Dorn ! Romillo 13/ SCR$ 13/ @actsB Alice *eyes, a @ilipino citiDen, married *ichard "pton in 5?), in Hong3ong. $hey established residence in the Philippines and started a business in +anila. $hey were divorces in Nevada in 5=), and Alice remarried, also in Nevada with $heodore &an ,orn. %n 0une =, 5=6, *ichard filed suit against Alice regarding the management of the 'rmita business, stating that the same was conCugal property. Alice moved to dismiss the case, on the ground that the action was barred by previous Cudgment in the divorce proceedings wherein *ichard ac3nowledged that he and Alice had no community property as of 0une , 5=). Alice contends that *ichard is estopped from laying claim on the business because of the representation he made during the 38
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

divorce proceedings. *ichard avers that the divorce decree issued by the Nevada /ourt cannot prevail over the prohibitive laws of the Philippines and its declared national policy. %ssueB (-N the Nevada divorce, and its pronouncements, are valid under Philippine law HeldB 1es. Aliens may obtain divorces abroad, which may be recogniDed in the Philippines, provided they are valid according to their national law. %n this case, the Nevada divorce released *ichard from the marriage according to the standards of American law, under which divorce dissolved the marriage. $hus, pursuant to his national law, *ichard is no longer the husband of Alice. He would have no standing to sue in this case as AliceGs husband, entitled to control over conCugal assets. 9uita ! C$

322 SCR$ "2. @actsB @e Nuita and Arturo Padlan, both @ilipinos, were married in the Philippines on +ay =, 5< . !omewhere along the way, their relationship lost its spar3 and @e filed for a declaration of divorce in the "!, which she obtained in 57<. !he afterwards got married, then got divorced, then remarried again. %n 5?), Arturo died intestate. After court
Karen Feliz G Supnad

proceedings, it was found that he had 7 legitimate children, and one illegitimate child. ,uring said proceedings, a certain #landina Padlan also surfaced, claiming to be the surviving spouse of Arturo. @e countered by saying that the divorce decree she obtained in 57< should not be recogniDed in the Philippines, as she and Arturo were both @ilipinos then. However, there was confusion as to which came firstB the issuance of the divorce decree, or her naturaliDation as an American citiDen. %ssueB (-N the divorce decree obtained by @e is valid in the Philippines HeldB %t depends. $he rec3oning point is the date of @eGs naturaliDation as a "! citiDen. %f such naturaliDation too3 place before she obtained the divorce decree, then the same shall be valid in the Philippines, since it is valid in the "!. However, if the divorce decree was obtained first before she became a "! citiDen, then the divorce decree will be void in the Philippines because Philippine law does not admit of absolute divorce. ilapil ! I5a86somera 14" SCR$ .#3 @actsB .n !ept. ?, 5?5, %melda Pilapil, a @ilipina, and 'rich :eiling, a :erman national, were married in 39
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

:ermany. $hey lived together for some time in +alate, and had a baby girl, %sabella. After three and a half years of marriage, 'rich initiated a divorce proceeding in :ermany in 5=6, which petition was granted in 5=A. .n 0une )?, 5=A, or more than five months after the issuance of the divorce decree, 'rich filed two complaints for adultery before the /ity @iscal of +anila against %melda. %melda refused to submit to the Curisdiction of the court, claiming that 'rich had no cause of action, by reason of the divorce decree that he had obtained. %ssueB (-N 'rich has legal standing to sue %melda for adultery. HeldB No. $he crime of adultery cannot be prosecuted except upon a sworn written complaint filed by the offended spouse, and nobody else. $he initiator of such a proceeding must have the status, capacity, or legal representation to do so at the time of the filing of the criminal action. %n this case, the fact that 'rich obtained a valid divorce in his country, :ermany, is admitted. !aid divorce and its legal effects may be recogniDed in the Philippines insofar as 'rich is concerned, in view of the nationality principle in our civil law on the matter of status of persons. 'rich, therefore, being no longer the husband of %melda, has no legal standing to commence the adultery case under the imposture that he was the offended spouse at the time he filed suit.
Karen Feliz G Supnad

Llorente ! C$ -R 12"3410 *o!em5er 230 2222 @actsB .n @eb. )), 56?, LorenDo Llorente and Paula Llorente, both @ilipinos, were married in /amarines !ur. #efore the outbrea3 of the Pacific (ar, LorenDo went to the "! while Paula stayed in the conCugal home. .n Nov. 6>, 5<6, LorenDo was admitted to "! citiDenship. "pon Philippine liberation in 5<7, LorenDo went bac3 home to visit his wife and found that she was pregnant and was living in with his brother, /eferino. LorenDo refused to forgive Paula and live with her. He thereafter returned to the "! in 57 and filed for divorce. Paula actively participated in the proceedings. .n Nov. )?, 57 , the /alifornia court issued an interlocutory Cudgment of divorce, which became final on ,ec. <, 57). LorenDo returned to the Philippines and marries Alicia Llorente in 57=, and lived together as husband and wife until 5=7. %n 5= , LorenDo executed a Last (ill and $estament which was duly notariDed. %n the will, LorenDo be;ueathed all his property to Alicia and their three children. LorenDo died on 0une , 5=7. Paula filed a petition for letters of administration over LorenDoGs estate in her favor, claiming that she was LorenDoGs surviving spouse. $he trial court agreed with Paula, deciding that the divorce decree obtained by LorenDo was null and void. 40
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

%ssueB (-N the divorce decree obtained by LorenDo is valid in the Philippines HeldB 1es. $here is no dispute that LorenDo was already a "! citiDen when he obtained the divorce decree. .nly Philippine nationals are covered by the policy against absolute divorce. Aliens may obtain divorces abroad, provided they are valid according to their national law. $he divorce decree obtained by LorenDo from his first wife Paula is valid and recogniDed in this Curisdiction as a matter of comity. CHAPTER 2. >arria!es license re1#ire"ent e,e"pt fro" the

$here is no prescribed maximum distance under the @amily /ode

or

minimum

Art. 25. 2n case either or both of the contractin! parties are at the point of death' the "arria!e "a be sole"ni&ed witho#t the necessit of a "arria!e license and shall re"ain valid even if the ailin! part s#bse1#entl s#rvives. Art. 28. 2f the residence of either part is so located that there is no "eans of transportation to enable s#ch part to appear personall before the local civil re!istrar' the "arria!e "a be sole"ni&ed witho#t the necessit of a "arria!e license.

Art. 2:. 2n the cases provided for in the two precedin! articles' the sole"ni&in! officer shall state in an affidavit e,ec#ted before the local civil re!istrar or an other person le!all a#thori&ed to ad"inister s#ch oaths that the "arria!e was perfor"ed in artic#lo "ortis or that the residence of either part ' specif in! the barrio or baran!a ' is so located that there is no "eans of transportation to enable s#ch part to appear personall before the local civil re!istrar and that the officer took the necessar steps to ascertain the a!es and relationship of the contractin! parties and the absence of a le!al i"pedi"ent to the "arria!e. Art. -<. The ori!inal of the affidavit re1#ired in the last precedin! article' to!ether with a le!ible cop of the "arria!e contract' shall be sent b the person sole"ni&in! the "arria!e to the local civil re!istrar of the "#nicipalit where it was perfor"ed within the period of thirt da s after the perfor"ance of the "arria!e. Art. -1. A "arria!e in artic#lo "ortis between passen!ers or crew "e"bers "a also be sole"ni&ed b a ship captain or b an airplane 41
UST Faculty of i!il La"

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

pilot not onl while the ship is at sea or the plane is in fli!ht' b#t also d#rin! stopovers at ports of call. Art. -2. A "ilitar co""ander of a #nit who is a co""issioned officer' shall likewise have a#thorit to sole"ni&e "arria!es in artic#lo "ortis between persons within the &one of "ilitar operation' whether "e"bers of the ar"ed forces or civilians. Art. --. >arria!es a"on! >#sli"s or a"on! "e"bers of the ethnic c#lt#ral co""#nities "a be perfor"ed validl witho#t the necessit of a "arria!e license' provided that the are sole"ni&ed in accordance with their c#sto"s' rites or practices. No Cudicial notice of +ohammedan rites and customs for marriage2 +"!$ #' ALL':', AN, P*.&', $his article is consistent with Art. <, !ec. 6 of the 5=? Philippine /onstitution Art. -0. ;o license shall be necessar for the "arria!e of a "an and a wo"an who have lived to!ether as h#sband and wife for at least five ears and witho#t an le!al i"pedi"ent to "arr each other. The contractin! parties shall state the fore!oin! facts in an affidavit before an person
Karen Feliz G Supnad

a#thori&ed b law to ad"inister oaths. The sole"ni&in! officer shall also state #nder oath that he ascertained the 1#alifications of the contractin! parties and fo#nd no le!al i"pedi"ent to the "arria!e *e;uirements of *atification of +arital /ohabitation2 o /ontracting parties must have lived together as husband and wife for at least 7 years o No legal impediment must exist o Above facts must be stated in an affidavit o Necessary affidavit of the person solemniDing the marriage *inal ! 3a8adog 321 SCR$ 122 @actsB Pepito Ninal was married to $eodulfa #ellones on !ept. )A, 5?<. .n April )<, 5=7, Pepito shot $eodulfa, which resulted in her death. A year and = months after, on ,ecember , 5=A, Pepito and Norma #ayadog got married without a marriage license. %n lieu thereof, they executed an affidavit stating that that they had lived together as husband and wife for at least 7 years, and were therefore exempt from securing a marriage license. .n @eb. 5, 55?, Pepito died in a car accident. After 42
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

his death, his children with his first wife, $eodulfa, filed a motion for declaration of nullity of the marriage of their father and Norma, alleging that the same was void for lac3 of a marriage license. %ssueB (-N the second marriage of Pepito to $eodulfa is valid HeldB No. According to the /ivil /ode, which is the law applicable in this case since the marriage in ;uestion was celebrated during the effectivity of the same, one of the re;uisites of a valid marriage is a valid marriage license, without which, the marriage would be void ab initio. However, the /ivil /ode admits of some instances wherein a marriage license is dispensed with, among them, the marriage of a man and a woman who have exclusively lived together as husband and wife for at least five years before the marriage. $he rationale why such marriage is exempt from the re;uirement of a marriage license is to avoid exposing the parties to humiliation, shame, and embarrassment concomitant with the scandalous cohabitation of persons outside a valid marriage due to the publication of every applicantGs name for a marriage license. $he publicity attending the marriage license may discourage such persons from legitimiDing their status. $his exception, however, is not absolute. %n this case, wor3ing on the assumption that Pepito and Norma have lived together as husband and wife for five years without the benefit of marriage, that five4year period should be computed on the basis of cohabitation as
Karen Feliz G Supnad

Ehusband and wife,F where the only missing factor is the special contract of marriage to validate the union. %n other words, the five year cohabitation period, which is counted bac3 from the date of celebration of marriage, should be a period of legal union had it not been for he absence of the marriage. $his 74year period should be the years immediately before the day of the marriage and it should be a period of cohabitation characteriDed by exclusivity meaning no third party was involved at any time within the 7 years, and continuity that is unbro3en. +anzano ! Sanchez

+%7 226132/0 +arch 10 2221 @actsB Herminia !ancheD and ,avid +anDano were married on +ay ) , 5AA. However, on +arch )), 556, ,avid contracted another marriage with LuDviminda Payao before 0udge !ancheD. According to !ancheD, when he officiated the marriage, he did not 3now that ,avid was legally married. (hat he 3new was that the two had been living together as husband and wife without the benefit of marriage. %ssueB (-N the marriage between ,avid and LuDviminda is valid HeldB No. $he @amily /ode provision exempting couples who 43
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

have lived together as husband and wife for at least five years from procuring a marriage license, or in other words, the provision on legal ratification of marital cohabitation has re;uisitesB . $he man and the woman must have been living together as husband and wife for at least five years before the marriage2 ). $he parties must have no legal impediments to marry each other2 6. $he fact of absence of legal impediment between the parties must be present at the time of marriage2 <. $he parties must execute an affidavit stating that they have lived together for at least five years2 7. $he solemniDing officer must execute a sworn statement that he had ascertained the ;ualifications of the parties and that he found no legal impediment to their marriage. %n this case, ,avid and LuDviminda were merely separated from their respective spouses at the time of their marriage. $herefore, there existed a legal impediment at the time of their marriage. CHAPTER -. '(ID /an never be ratified Coid and Coidable >arria!es '(ID$3L& *atifiable by cohabitation free

Always void /an be attac3ed either directly or collaterally No conCugal partnership2 .nly co4 ownership

&alid until annulled /annot be assailed collaterally2 direct proceeding only /onCugal partnership

Linds of marriage impedimentsB o ,iriment impediments ma3e the marriage void o Prohibitive impediments valid marriage but possible criminal prosecution o Absolute impediments no capacity to marry at all o *elative impediments cannot marry certain persons only Art. -5. The followin! "arria!es shall be void fro" the be!innin!( @1A Those contracted b an part below ei!hteen ears of a!e even with the consent of parents or !#ardians+ Those sole"ni&ed b an person not le!all a#thori&ed to perfor" "arria!es #nless s#ch "arria!es were contracted with either or
UST Faculty of i!il La"

@2A

Karen Feliz G Supnad

44

Persons and Family Relations

Atty. Jacqueline Lopez

@-A

@0A @5A

@3A

both parties believin! in !ood faith that the sole"ni&in! officer had the le!al a#thorit to do so+ Those sole"ni&ed witho#t a license' e,cept those covered b the precedin! chapter+ Those bi!a"o#s or pol !a"o#s "arria!es not fallin! #nder Art. 01+ Those contracted thr# "istake of one contractin! part as to the identit of the other+ and Those s#bse1#ent "arria!es that are void #nder Art. 5-.

Santos ! C$

-R 11221/0 7anuar8 "0 1//# @actsB Leouel !antos and 0ulia #edia were married on !eptember )>, 5=A. $hey lived with 0uliaGs parents in %loilo /ity. A year after, they started having ;uarrels over a lot of different things. .n +ay =, 5==, 0ulia left for the "! to wor3 as a nurse. .n 0anuary the following year, 0ulia called up Leouel and told him that she would come home after her contract expires on 0uly of that same year, but she didnGt. (hen Leouel got the chance to go the "! to undergo a training program for the A@P, he tried to loo3 for her but couldnGt find her anywhere. (hen he got bac3 to the Philippines in 55>, he filed for Cudicial annulment of marriage on the ground of psychological insanity, stating that 0uliaGs failure to notify her husband of her whereabouts and lac3 of concern for her him is tantamount to psychological incapacity. %ssueB (-N psychological incapacity lies in this case HeldB No. Psychological incapacity must be characteriDed by 8 9 gravity, which would ma3e the party incapable of carrying out the ordinary duties re;uired in marriage, 8)9 Curidical antecedence, meaning it must be rooted in the history of the party antedating the marriage, although the overt manifestations may emerge only after the marriage, and 869 incurability, or that even if it 45
UST Faculty of i!il La"

Art. -3. A "arria!e contracted b an part who' at the ti"e of the celebration' was ps cholo!icall incapacitated to co"pl with the essential "arital obli!ations of "arria!e' shall likewise be void even if s#ch incapacit beco"es "anifest onl after its sole"ni&ation. @A"ended b E$ 225' 9#l 15' 1:85A P!1/H.L.:%/AL %N/APA/%$1 o /ondition of a person who does not have the mind, will and heart for the performance of marriage obligations o +ust be forever $his article was derived from the /anon Law /ode

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

were curable, the cure would be beyond the means of the party involved. Psychological incapacity should refer to no less than a mental incapacity that causes a party to not be truly cognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage. $here is hardly any doubt that the intendment of the law has been to confine the meaning of Epsychological incapacityF to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage. Hernandez ! C$

-R 12.2120 Decem5er 10 1/// @actsB Lucita 'strella HernandeD and +ario HernandeD were married in !ilang /atholic Parish /hurch in !ilang /avite on 0anuary , 5= . $hey have 6 children, namely +aie 8 5=)9, Lyra 8 5=79, and +arian 8 5=59. Lucita filed for annulment 8*$/ #rach =, $agaytay /ity9 on the grounds of psychological incapacity. !he alleged that +ario had no support for the family, and he continued doing bachelor things such as drin3ing sprees with his friends, gambling coc3fights, smo3ing, and he had illicit affairs with a number of women 8one of which he got !$, 4 :onorrhea, and later on passed it to Lucita9. Lucita averred that +ario was irresponsible, immature and unprepared for the duties of married life. (ith this, she as3ed for compensation
Karen Feliz G Supnad

every month 853 php9 and she be awarded the custody of their children. %ssueB (hether or not the marriage of Lucita 8petitioner9 and +ario 8private respondent9 should be annulled on the ground of +arioGs psychological incapacity. HeldB No. $he petitioner failed to show that +arioGs psychological incapacity existed before the marriage 8Art 6A of the @amily /ode9 whereas2 psychological incapacity must exist during the solemniDation of marriage. (ith this, she failed to show that +arioGs psychological incapacity deprived him of carrying out marital responsibilities. No clear evidence was presented, which could have materialiDed such allegation. $he person who files for annulment has the burden of proof to show the nullity of the marriage, in this case, it was not satisfied which is why the /ourt could not grant annulment. (ith this, it must be shown that these acts are manifestations of a disordered personality which ma3e +ario completely unable to discharge the essential obligations of the marital state. 'xpert evidence may be given by ;ualified psychiatrists and clinical psychologists to strengthen the complaint. &nrico ! Heirs of Spouses +edinaceli -R 143.1"0 Septem5er 210 2224 ,octrineB 46
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

A marriage celebrated during the effectivity of the @amily /ode is subCect to A+ >)4 4 >, stating that in cases of void marriages, the parties who may file suit are limited to the parties to the marriage in ;uestion. $his is provided that such suit is commenced after +arch 7, )>>6, which is he effectivity date of the said A+. $hus, marriages celebrated during the effectivity of the @amily /ode, but whose respective petitions for Cudicial declaration of nullity of marriage were filed prior to +arch 7, )>>6 are still within the ambit of the decision in Ninal v #ayadog, stating that parties in interest other than the parties to the marriage may file the petition. De Dios Carlos ! Sando!al

-R 14//220 Decem5er 1.0 2221 ,octrineB $he grounds for declaration of absolute nullity of marriage must be proved. No Cudgment on the pleadings, summary Cudgment, or confession of Cudgment shall be allowed. Repu5lic ! +olina -R 1214.30 )e5ruar8 130 1//4 @actsB *oridel +olina filed a petition for declaration of
Karen Feliz G Supnad

nullity of her marriage to *eynaldo +olina. 'ssentially, after her marriage, *eynaldo showed signs of Eimmaturity and irresponsibilityF as a husband and a father since he preferred to spend more time with his peers and friends on whom he s;uandered his money2 that he depended on his parents for aid and assistance, and was never honest with his wife in regard to their finances, resulting in fre;uent ;uarrels between them. !ometime in @ebruary 5=A, *eynaldo was relieved of his Cob and since then *oridel had been the sole breadwinner of the family. $his has led to a very intense ;uarrel. *oridel then went to live with her parents in #aguio /ity. *eynaldo left his wife and their child and had since then abandoned them showing that he was psychologically incapable of complying with essential marital obligations and was highly immature and habitually ;uarrelsome individual. *eynaldo admitted that he and *oridel could no longer live together but contended that their misunderstandings and fre;uent ;uarrels were due toB 8 9 *oridelGs strange behavior of insisting on maintaining her groups of friends even after their marriage2 8)9 *oridelGs refusal to perform some of her marital duties such as coo3ing meals2 and 869 *oridelGs failure to run the household and handle their finances. %ssueB (-N psychological incapacity lies in this case HeldB No. $here is no clear showing that the psychological defect spo3en of is an incapacity. $he 47
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

following guidelines are hereby handed down for the guidance of the bench and the barB . $he burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity ). $he root cause of the psychological incapacity must be 8a9 medicinally or clinically identified, 8b9 alleged in the complaint, 8c9 sufficiently proven by experts, and 8d9 clearly explained in the decision 6. $he incapacity must be proven to be existing at the time of the celebration of the marriage <. !uch incapacity must also be shown to be medically or clinically permanent or incurable 7. !uch illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage A. $he essential marital obligations must be those embraces in Arts. A=4? of the @amily /ode as regards the husband and wife, as well as Arts. ))>, )) and ))7 of the same /ode in regards to parents and their children ?. %nterpretations given by the National Appellate +atrimonial $ribunal of the /atholic /hurch of the Philippines, while not controlling or decisive, should be given great respect by our courts =. $he trial court must order the prosecuting
Karen Feliz G Supnad

attorney or fiscal and the !olicitor :eneral to appear as counsel for the !tate. No decision shall be handed down unless the !olicitor :eneral issues a resolution, which will be ;uoted in the decision, briefly stating therein his reasons for agreement or opposition, as the case may be, to the petition. *go %e ! ,u6%e

-R 1.14/30 )e5ruar8 130 222/ @actsB 'dward and *owena met for the first time during college. A romance ensued between the two. $hree months later, *owena as3ed 'dward to elope. At first, 'dward refused but the elopement still pushed through. $he two left +anila and sailed to /ebu. ,ue to the depletion of 'dwardGs savings, they went bac3 to +anila after a month. %n addition, the two could not find Cobs. !ubse;uently, 'dward agreed to stay with *owena at her uncleGs place after the latter threatened to commit suicide. *owenaGs uncle soon brought the two to court to get married2 'dward was twenty4five and *owena was twenty. @rom that time on, 'dward was not allowed to go out unaccompanied, and was sternly warned not to leave *owena. 'dward, however, managed to escape. A month later, they finally parted ways. After four years, 'dward filed a petition before the *egional $rial /ourt of NueDon /ity for the annulment of his marriage to *owena 48
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

on the basis of the latterGs psychological incapacity. $he petitioner, according to the psychological tests administered, is said to be still unsure and unready so as to commit himself to marriage. He is still found to be on the search of what he wants in life. $he respondent, similarly, is said to be of the aggressive4 rebellious type of woman. !he is seen to be somewhat exploitative in her plight for a life of wealth and glamour. Petitioner was found to be afflicted with dependent personality disorder while respondent is found to be afflicted with antisocial personality disorder. $he trial court declared the marriage of the parties null and void on the ground that both parties were psychologically incapacitated to comply with the essential marital obligations. $he /ourt of Appeals reversed and set aside the trial courtGs ruling, declaring that petitioner failed to prove the psychological incapacity of respondent. %ssueB (-N psychological incapacity lies in this case HeldB 1es. $he courts should interpret the provision on psychological incapacity 8as a ground for the declaration of nullity of a marriage9 on a case4to4case basis Q guided by experience, the findings of experts and researchers in psychological disciplines and by decisions of church tribunals. #y the very nature of Article 6A, courts, despite having the primary tas3 and burden of decision4ma3ing, must not discount but, instead, must consider as decisive evidence the expert opinion on the
Karen Feliz G Supnad

psychological and mental temperaments of the parties. $he evidence must show a lin3, medical or the li3e, between the acts that manifest psychological incapacity and the psychological disorder itself. $he /ourt mentions for emphasis that the presentation of expert proof presupposes a thorough and in4depth assessment of the parties by the psychologist or expert, for a conclusive diagnosis of a grave, severe and incurable presence of psychological incapacity. Parenthetically, the /ourt, at this point, finds it fitting to suggest the inclusion in the R#le on .eclaration of Absol#te ;#llit of Coid >arria!es and Ann#l"ent of Coidable >arria!es an option for the trial Cudge to refer the case to a court4 appointed psychologist-expert for an independent assessment and evaluation of the psychological state of the parties. $his will assist the courts, who are no experts in the field of psychology, to arrive at an intelligent and Cudicious determination of the case. $he rule, however, does not dispense with the partiesG prerogative to present their own expert witnesses. $he /ourt, however, is not suggesting the abandonment of the >olina doctrine in this case. %t simply declares that there is a need to emphasiDe other perspectives which should govern the disposition of petitions for declaration of nullity under Article 6A. At the ris3 of being redundant, the /ourt reiterates once more the principle that each case must be Cudged, not on the basis 49
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

of a priori assumptions, predilections or generaliDations but according to its own facts. Art. -5. >arria!es between the followin! are incest#o#s and void fro" the be!innin!' whether the relationship between the parties be le!iti"ate or ille!iti"ate( @1A @2A =etween ascendants and descendants of an de!ree+ and =etween brothers and sisters' whether of the f#ll or half6blood.

@5A @8A @:A

the adopted child and the adopter+ =etween an adopted child and a le!iti"ate child of the adopter+ =etween adopted children of the sa"e adopter+ and =etween parties where one' with intention to "arr the other' killed that other persons spo#se' or his or her own spo#se.

.ther void marriagesB o Play, drama, movie o !ame4sex marriages o +arriages in Cest o /ommon4law marriages Art. -:. The action or defense for the declaration of absol#te n#llit of a "arria!e shall not prescribe. @As a"ended b RA 85--' dated ?eb. 2-' 1::8A Art. 0<. The absol#te n#llit of a previo#s "arria!e "a be invoked for p#rposes of "arria!e on the basis solel of a final 4#d!"ent declarin! s#ch previo#s "arria!e void. "nder the @amily /ode, there mist be a Cudicial declaration of the nullity of a previous marriage before a party thereto can enter into a 50
UST Faculty of i!il La"

Art. -8. The followin! "arria!es shall be void fro" the be!innin! for reasons of p#blic polic ( @1A =etween collateral blood relatives' whether le!iti"ate or ille!iti"ate' #p to the 0th civil de!ree+ =etween step6parents and step6 children+ =etween parents6in6law and children6in6law+ =etween the adoptin! parent and the adopted child+ =etween the s#rvivin! spo#se of the adoptin! parent and the adopted child+ =etween the s#rvivin! spo#se of

@2A @-A @0A @5A

@3A
Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

second marriage $his article is applicable to remarriages entered into after the effectivity of the @amily /ode on Aug. 6, 5== regardless of the date of the first marriage Art. 01. A "arria!e contracted b an person d#rin! the s#bsistence of a previo#s "arria!e shall be n#ll and void' #nless before the celebration of the s#bse1#ent "arria!e' the prior spo#se had been absent for fo#r consec#tive ears and the spo#se present had a well6fo#nded belief that the absent spo#se was alread dead. 2n case of disappearance where there is dan!er of death #nder the circ#"stances set forth in the provisions of Article -:1 of he Civil Code' an absence of onl two ears shall be s#fficient. ?or the p#rpose of contractin! the s#bse1#ent "arria!e #nder the precedin! para!raph' the spo#se present "#st instit#te a s#""ar proceedin! as provided in this Code for the declaration of pres#"ptive death of the absentee' witho#t pre4#dice to the effect of reappearance of the absent spo#se. 0udicial declaration of presumptive death is now authoriDed for purposes of remarriage $his is the only case in the @amily /ode of an
Karen Feliz G Supnad

extraCudicial termination of marriage $his article elucidates a $'*+%NA#L' #%:A+."! +A**%A:' $he first marriage, upon the celebration of the subse;uent marriage, is deemed suspended (hen the absent spouse has been absent for more than ? years, there is no need of Cudicial declaration of his presumptive death for purposes of remarriage %f the disappearance of the spouse is due to the dangerous circumstances under Art. 65 , instead of the ordinary <4year period, ) years absence will suffice for the declaration of presumptive deathB o .n board a vessel lost during a sea voyage, or an airplane which is missing, who has not been heard of for four years since the loss of said vessel or airplane o +ember of the armed forces, who has ta3en part in war, and has been missing for < years o ,anger of death under other circumstances

$he belief that one spouse is already dead must be well4founded and must be based on reasonably diligent search and not on mere suspicion "pon the contraction of the subse;uent marriage, li;uidation of the property follows Arts. >6 and 6> of the @amily /odeB o $he present spouse has to file for li;uidation proceedings within A monthsB 51
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

%f li;uidation was filed, the governing law as to the property of the spouses would be the marriage settlement %f no li;uidation was filed, the governing property regime would be complete separation of property

Cudicial pronouncement, upon the recording of the affidavit of reappearance of the absent spouse o 'R/'P$B (hen the previous marriage had been Cudicially initio Repu5lic ! *olasco 222 SCR$ 22 @actsB Nolasco, a seaman, and 0anet +onica Par3er met and fell in love in a bar in 'ngland during one of the formerGs shipGs port calls. @rom that day until six months thereafter, 0anet lived with Nolasco until they returned to the latterGs home in Anti;ue. $hey married, after NolascoGs seaman contract expired, in /atholic rites. After the celebration of the marriage, Nolasco obtained another employment contract and left 0anet with his parents in Anti;ue. !ometime in 0anuary, 5=6, while wor3ing overseas, he received a letter from his mother informing him that 0anet had given birth to a son and that she had left. Nolasco says that he immediately as3ed permission to go home, but he was able to get bac3 only on Nov. of the same year. According to Nolasco, that he loo3ed for her whenever his ship doc3ed in 'ngland, but his efforts were fruitless. He also stated that he sent letters addressed to 0anet to the address of the bar where they first met, 52
UST Faculty of i!il La"

annulled

or

decalred

void

ab

Art. 02. The s#bse1#ent "arria!e referred to in the precedin! Article shall be a#to"aticall ter"inated b the recordin! of the affidavit of reappearance of the absent spo#se' #nless there is a 4#d!"ent ann#llin! the previo#s "arria!e or declarin! it void ab initio. A sworn state"ent of the fact and circ#"stances of reappearance shall be recorded in the civil re!istr of he residence of the parties to the s#bse1#ent "arria!e at the instance of an interested person' with d#e notice to the spo#ses of the s#bse1#ent "arria!e and witho#t pre4#dice to the fact of reappearance bein! 4#diciall deter"ined in case s#ch a fact is disp#ted. "pon the filing of the affidavit of reappearance, the Cudicial declaration of presumptive death will be rendered functus officio $he subse;uent marriage discussed in Art. < is automatically terminated without any need of
Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

but that every single one of them were returned to him. Nolasco then filed for Cudicial declaration of presumptive death. %ssueB (-N a Cudicial declaration of presumptive death may be validly issued HeldB No. $here are four re;uisites for the declaration of presumptive death under Article < of the @amily /odeB . $hat the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Art. 65 , // ). $hat the present spouse wishes to remarry 6. $hat the present spouse has a well4founded belief that the absentee is dead, and <. $hat the present spouse files a summary proceeding for the declaration of presumptive death of the absentee Art. 0-. The ter"ination of the s#bse1#ent "arria!e referred to in the precedin! Article shall prod#ce the followin! effects( @1A The children of the s#bse1#ent "arria!e conceived prior to its ter"ination shall be considered le!iti"ate and their c#stod and s#pport in case of disp#te shall 53

@2A

@-A

@0A

be decided b the co#rt in a proper proceedin!+ The absol#te co""#nit of propert or the con4#!al partnership' as the case "a be' shall be dissolved and li1#idated' b#t if either spo#se contracted said "arria!e in bad faith' his or her share of the net profits of the co""#nit propert or the con4#!al partnership propert shall be forfeited in favor of the co""on children or' if there are none' the children of the !#ilt spo#se b a previo#s "arria!e' or in defa#lt of children' the innocent spo#se+ .onations b reason of "arria!e shall re"ain valid' e,cept that if the donee contracted the "arria!e in bad faith' s#ch donations "ade to said donee are revoked b operation of law+ The innocent spo#se "a revoke the desi!nation of the other spo#se who acted in bad faith as a beneficiar in an ins#rance polic ' even if s#ch desi!nation be stip#lated as irrevocable+ and
UST Faculty of i!il La"

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

@5A

The spo#se who contracted the s#bse1#ent "arria!e in bad faith shall be dis1#alified to inherit fro" the innocent spo#se b testate and intestate s#ccession.

Art. 05. The "arria!e "a be ann#lled for an of the followin! ca#ses' e,istin! at the ti"e of the "arria!e( @1A That the part in whose behalf it is so#!ht to have the "arria!e ann#lled was ei!hteen ears of a!e or over b#t below twent 6 one' and the "arria!e was sole"ni&ed witho#t the consent of the parents' !#ardian or person havin! s#bstit#te parental a#thorit over the part ' in that order' #nless after attainin! the a!e of twent 6one' s#ch part freel cohabited with the other and both lived to!ether as h#sband and wife+ That either part was of #nso#nd "ind' #nless s#ch part ' after co"in! to reason' freel cohabited with the other as h#sband and wife+ That the consent of either part was obtained b fra#d' #nless s#ch part afterwards' with f#ll knowled!e of the facts constit#tin! the fra#d' freel
UST Faculty of i!il La"

N'$ P*.@%$! refer to the increase in value between the mar3et value of the community property at the time of the celebration of the marriage and the mar3et value at the time of its dissolution ,onations in consideration of marriage 8donations propter nuptias9B o %f the donee is in bad faith, invalid donation o %f the donor is in bad faith, valid donation Art. 00. 2f both spo#ses of the s#bse1#ent "arria!e acted in bad faith' said "arria!e shall be void ab initio and all donations b reason of "arria!e and testa"entar dispositions "ade b one in favor of the other are revoked b operation of law $his article refers to another instance of a void marriage when both spouses in the subse;uent marriage acted in bad faith ;;;;;;;;;;;;;;;;;;+ID%&R+S LI*&;;;;;;;;;;;;;;;;;;;
Karen Feliz G Supnad

@2A

@-A

54

Persons and Family Relations

Atty. Jacqueline Lopez

@0A

@5A

@3A

cohabited with the other as h#sband and wife+ That the consent of either part was obtained b force' inti"idation or #nd#e infl#ence' #nless the sa"e havin! disappeared or ceased' s#ch part thereafter freel cohabited with the other as h#sband and wife+ That either part was ph sicall incapable of cons#""atin! the "arria!e with the other' and s#ch incapacit contin#es and appears to be inc#rable+ or That either part was afflicted with a se,#all 6trans"issible disease fo#nd to be serio#s and appears to be inc#rable.

conduct, of disease or defect of the brain, or a more or less permanently diseased or disordered condition of the mentality, functional or organic, and characteriDed by perversion, inhibition, or disordered function of the sensory or of the intellectual faculties, or by impaired or disordered volition o $he test is whether the party was capable of understanding the nature and conse;uences of the marriage at the time of the celebration o %t is not whether the parties are possessed of sufficient mentality to measure up to the responsibility incurred by bringing offsprings into the world, but whether there is a realiDation of what is being done and to consent thereto %n general, there is fraud when, thru insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to $here is violence when in order to wrest consent, serious or irresistible force is employed2 there is intimidation when one of the contracting parties is compelled by a reasonable and well4grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, ascendants, or descendants, to give his consent2 undue 55
UST Faculty of i!il La"

Annulment is an action in rem as it concerns the status of parties and binds the whole world "nder *A =6A5, @amily /ourt were created to assume Curisdiction over cases involving family relations such as annulment, decree of nullity, support, adoption, etc. Parents are not authoriDed to ratify the marriage %nsanityB A manifestation, in language or
Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

influence is having control over anotherGs will %mpotence or impotentia copulandi refers to lac3 of power of copulation and not to mere sterility o Linds of impotencyB Absolute or incurable absence of male organ2 old age $emporary or curable small vulva opening2 mumps2 etc

"arria!e. ;o other "isrepresentation or deceit as to character' health' rank' fort#ne or chastit shall constit#te s#ch fra#d as will !ive !ro#nds for action for the ann#l"ent of "arria!e. $his Article should be read in connection with Art.<7 869 of the @amily /ode $he enumeration here of possible grounds is exclusive, meaning that no other 3ind of fraud is ground for the annulment of the marriage Art. 05. The action for ann#l"ent of "arria!e "#st be filed b the followin! persons and within the periods indicated herein( @1A ?or ca#ses "entioned in ;#"ber 1 of Article 05 b the part whose parent of !#ardian did not !ive his or her consent' within five ears after attainin! the a!e of twent 6one+ or b the parent or !#ardian or person havin! le!al char!e of the "inor' at an ti"e before s#ch part reached the a!e of twent 6one+ ?or ca#ses "entioned in ;#"ber 2 of Article 05' b the sane
UST Faculty of i!il La"

Art. 03. An of the followin! circ#"stances shall constit#te fra#d referred to in ;#"ber - of the precedin! Article( @1A ;on6disclos#re of a previo#s conviction b final 4#d!"ent of the other part of a cri"e involvin! "oral t#rpit#de+ Conceal"ent b the wife of the fact that at the ti"e of the "arria!e' she was pre!nant b a "an other than her h#sband+ Conceal"ent of a se,#all 6 trans"issible disease' re!ardless of its nat#re' e,istin! at the ti"e of the "arria!e+ or Conceal"ent of dr#! addiction' habit#al alcoholis"' ho"ose,#alit or lesbianis"' e,istin! at the ti"e of the 56

@2A

@-A

@0A

@2A

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

@-A

@0A

@5A

spo#se who had no knowled!e of the other s insanit + b an relative' !#ardian or person havin! le!al char!e of the insane' at an ti"e before the death of either part + or b the insane spo#se d#rin! a l#cid interval or after re!ainin! sanit + ?or ca#ses "entioned in ;#"ber - of Article 05' b the in4#red part ' within five ears after the discover of the fra#d+ ?or ca#ses "entioned in ;#"ber 0 of Article 05' b the in4#red part ' within five ears fro" the ti"e the force' inti"idation or #nd#e infl#ence disappeared or ceased+ ?or ca#ses "entioned in ;#"bers 5 and 3 of Article 05' b the in4#red part ' within five ears after the "arria!e. of the

After party becomes ) $H' PA*$1 H%+!'L@ .* H'*!'L@ PeriodB (ithin 7 years after reaching ) o "N,."N,N'!! .@ +%N, PersonsB $he spouse who did not 3now of the otherGs insanity $he relatives or guardians of the insane PeriodB At any time before the death of either spouse o @*A", PersonsB $he inCured party PeriodB (ithin 7 years after the discovery of the fraud N#B %f both committed fraud, neither can sue o @.*/' .* %N$%+%,A$%.N .* "N,"' %N@L"'N/' PersonsB $he inCured party PeriodB (ithin 7 years from the time the force or intimidation or undue influence ceased
UST Faculty of i!il La"

Persons who may sure for annulment marriage, and prescriptive periodsB o N.N4A:' PersonsB #efore party becomes ) PA*'N$

H%! .* H'*

Karen Feliz G Supnad

57

Persons and Family Relations

Atty. Jacqueline Lopez

o %+P.$'N/' PersonsB $he inCured party PeriodB (ithin 7 years after the celebration of the marriage o !'R"ALL1 $*AN!+%!!%#L' ,%!'A!' PersonsB $he inCured party PeriodB (ithin 7 years after the celebration of the marriage %n general, the period for annulment of marriage is five years (hen action for annulment will not prosperB o %f persons other than those specified filed the case o (hen action was filed after prescription had set in o (hen the inCured party freely cohabited with the other as husband and wife Art. 08. 2n all cases of ann#l"ent or declaration of absol#te n#llit of "arria!e' the Co#rt shall order the prosec#tin! attorne or fiscal assi!ned to it to appear on behalf of the /tate to take steps to prevent coll#sion between the parties and to take care that evidence is not fabricated
Karen Feliz G Supnad

or s#ppressed. 2n the cases referred to in the precedin! para!raph' no 4#d!"ent shall be based #pon a stip#lation of facts or confession of 4#d!"ent. !tipulation of facts @acts agreed upon and signed by both the husband and wife /onfession of Cudgment A statement by the erring spouse to the effect that he or she is not against the annulment o LindsB /onfession of Cudgment by warrant of attorney Authority given by defendant to plaintiffGs attorney allowing the latter to tell the court that the defendant confesses or admits the plaintiffGs action to be true and Cust2 done even before the action is actually filed /onfession of Cudgment or Cudgment by confession cognovit actionem $hat rendered where, instead of defending himself, the defendant chooses to ac3nowledge the rightfulness of the plaintiffGs action $he *ules of /ourt prohibit declaration of defaults in actions for declaration of nullity, 58
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

or annulment, or legal separation !ummary Cudgment is prohibited in an action for annulment of marriage Art. 0:. .#rin! the pendenc of the action and in the absence of ade1#ate provisions in a written a!ree"ent between the spo#ses' the co#rt shall provide for the s#pport of the spo#ses and the c#stod and s#pport of their co""on children. The co#rt shall !ive para"o#nt consideration to the "oral and "aterial welfare of said children and their choice of the parent with who" the wish to re"ain as provided in Title 2D. 2t shall also provide for appropriate visitation ri!hts of the other parent. $he court shall provide for the support of the spouses and their common children. o $he court must consider the custody of the children ta3ing into consideration their moral and material welfare and their free choice of the parent they wish to stay with o $he support to be considered by the court must come from the properties of the absolute community of conCugal partnership %n a regime of absolute separation of property, support to the common children should come from the separate properties of the spouses in proportion to their
Karen Feliz G Supnad

income !upport of illegitimate children of either spouse shall be governed by the separate property of the parent concerned and if none, the absolute community or conCugal partnership if financially capable, shall advance the support, subCect to deduction from the share of the spouse concerned upon li;uidation o $he courtGs duty to ma3e provisions for support during the pendency of the case will be exercised only if there are no ade;uate provisions in a written agreement between the spouses +alcamp6Sin ! Sin -R 134#/20 +arch 2.0 2221 @actsB @lorence +alcamo4!in and and Philipp !in, a Portugueses citiDen, were married at !t 0ude /atholic Parish on 0an. <, 5=?. .n !ept. )>, 55<, @lorence filed a complaint for declaration of nullity of marriage, which was dismissed on 0une A, 557 by the trial court. .n ,ec. 5, 557, @lorence filed a notice of appeal with the /A, which was also dismissed, which prompted @lorence to file this appeal with the !/. %ssueB (-N procedure was correctly followed in the lower 59
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

court HeldB No. throughout the trial in the lower court, the !tate did not participate in the proceedings. (hile the fiscal filed a manifestation stating that he found no collusion between the parties, he did not actively participate therein .ther than entering his appearance at certain hearings of the case, nothing more was heard from him. $he tas3 of protecting marriage as an inviolable social institution re;uires vigilant and Dealous participation and not mere pro4forma compliance. $he protection of marriage as a sacred institution re;uires not Cust the defense of a true and genuine union but the exposure of an invalid one as well. %uason ! C$

2#. SCR$ 1#1 @actsB +aria $uason filed a petition for annulment or declaration of nullity of her marriage to 'milio $uason in 5=5. !he alleged that from the time of the celebration of their marriage, 'milio was already psychologically incapacitated to comply with the essential marital obligations which became manifest afterwards and resulted in violent fights between them. 'milio countered by stating that he and his wife were a normal married couple during the first > yrs of
Karen Feliz G Supnad

their marriage but that they began to have serious problems when his wife did not accord him the respect and dignity due him as a husband. ,uring trial, they each presented witnesses, and after +aria rested her case, when it was time for 'milio to present his, his counsel repeatedly filed motions for postponement, which ended up with the trial court giving due course to case via +ariaGs evidences. %ssueB (-N procedure under the @/ was followed in this case HeldB No, but there was no need to. $he facts of the case do not call for a strict application of Art <= of the @/. @or one, 'milio was not declared in default for failure to answer, since he did file his answer and contested the cause of action alleged by his wife. He actively participated in the proceedings. %t is crystal clear that the litigation was characteriDed by a no4holds barred contest and not by collusion. $he role of the prosecuting attorney or fiscal in annulment of marriage and legal separation proceedings is to determine whether collusion exists between the parties and to ta3e care that the evidence is not suppressed or fabricated. 'milioGs vehement opposition to the annulment proceedings negated the conclusion that collusion existed between the parties, hence, the non4 intervention of a prosecuting attorney to assure lac3 of collusion between the contending parties is not fatal to the validity of the proceedings in the trial court. 60
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

Art. 5<. The effects provided for in para!raphs @2A' @-A' @0A and @5A of Article 0- and in Article 00 shall also appl in proper cases to "arria!es which are declared void ab initio or ann#lled b final 4#d!"ent #nder Articles 0< and 05. The final 4#d!"ent in s#ch cases shall provide for the li1#idation' partition and distrib#tion of the properties of the spo#ses' the c#stod and s#pport of the co""on children' and the deliver of their pres#"ptive le!iti"es' #nless s#ch "atters had been ad4#dicated in previo#s 4#dicial proceedin!s. All creditors of the spo#ses as well as of the absol#te co""#nit or the con4#!al partnership shall be notified of the proceedin!s for li1#idation. 2n the partition' the con4#!al dwellin! and the lot on which it is sit#ated' shall be ad4#dicated in accordance with the provisions of Articles 1<2 and 12:. Legitime Properties which a person cannot dispose of because such are reserved for his compulsory heirs $he property relations of void marriages are
Karen Feliz G Supnad

governed by Articles <? and <= $he purpose of the third paragraph of this article is to prevent fraud of creditors Art' 51. 2n said petition' the val#e of the pres#"ptive le!iti"es of all co""on children' co"p#ted as of the date of the final 4#d!"ent of the trial co#rt' shall be delivered in case' propert or so#nd sec#rities' #nless the parties' b "#t#al a!ree"ent 4#diciall approved' had alread provided for s#ch "atters. The children or their !#ardian' or the tr#stee of their propert ' "a ask for the enforce"ent of the 4#d!"ent. The deliver of the pres#"ptive le!iti"es herein prescribed shall in no wa pre4#dice the #lti"ate s#ccessional ri!hts of the children accr#in! #pon the death of either or both of the parents+ b#t the val#e of the properties alread received #nder the decree of ann#l"ent or absol#te n#llit shall be considered as advances on their le!iti"es. @inal Cudgment 7 days from when the parties receive notice of Cudgment, provided no appeal was ta3en %n said partition, the value of the presumptive 61
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

legitimes of all common children are computed as of the date of the final Cudgment of the trial court, and shall be delivered in cash, property, or sound securities, unless the parties, by mutual agreement Cudicially approved, had already provided for such matters Art. 52. The 4#d!"ent of ann#l"ent or of absol#te n#llit of the "arria!e' the partition and distrib#tion of the properties of the spo#ses' and the deliver of the childrens pres#"ptive le!iti"es shall be recorded in the appropriate civil re!istr and re!istries of propert + otherwise' the sa"e shall not affect third persons. $he appropriate civil registry in this case is either the place of Cudgment or the place of the solemniDation of marriage Art. 5-. Either of the for"er spo#ses "a "arr a!ain after co"pl in! with the re1#ire"ents of the i""ediatel precedin! article+ otherwise' the s#bse1#ent "arria!e shall be n#ll and void. Art. 50. Children conceived or born before the 4#d!"ent of ann#l"ent or absol#te n#llit of "arria!e #nder Article -3 has beco"e final and e,ec#tor ' shall be considered le!iti"ate. Children conceived or born of the s#bse1#ent "arria!e
Karen Feliz G Supnad

#nder Article 5- shall likewise be le!iti"ate. $his article is an exception to the general rule that children conceived and born during a void marriage are considered illegitimate

%itle II. L&-$L S& $R$%I(*


$ransitional *ules on Absolute ,ivorceB o Absolute ,ivorce under Act )? >

or

$he

,ivorce LawB %f granted validly before August 6>, 57> 8effectivity date of N//9, the same remains valid today %f pending merely on Aug. 6>, 57>, the same would be allowed to continue until final Cudgment2 this is true even if the final Cudgment on the crime 8adultery or concubinage, which are the only grounds9 was rendered only after Aug. 6>, 57>, because what is important is that the crime was committed #'@.*' said date o Absolute ,ivorce under '. < which was promulgated during the 0apanese occupationB %f granted validly before .ct. )6, 5<< 8date of freedom from 0apan9, the same will be considered as valid %f merely pending on .ct. )6, 5<<, it would be allowed to continue .NL1 if the 62
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

action was based on adultery or concubinage *ules for Absolute ,ivorce $.,A1 both under the /ivil /ode and the @amily /odeB o %f the action is brought here in the PhilippinesB #etween @ilipinos (%LL N.$ P*.!P'* #etween foreigners (%LL N.$ P*.!P'* #etween a @ilipino and a foreigner (%LL N.$ P*.!P'* o %f the action is brought in a foreign courtB #etween @ilipinos will not be recogniDed here even if allowed by the foreign court, and even if the ground be either adultery or concubinage #etween foreigners will be recogniDed here providedB $he foreign court has Curisdiction to grant the absolute divorce $he divorce is recogniDed as valid by the personal law of the parties involved #etween a @ilipino and a foreigner if obtained by the foreigner and valid according to his personal law, then will be recogniDed for both the foreigner and the @ilipino be 63

filed on an @1A

of the followin! !ro#nds( Repeated ph sical violence or !rossl ab#sive cond#ct directed a!ainst the petitioner' a co""on child' or a child of the petitioner+ Ph sical violence or "oral press#re to co"pel the petitioner to chan!e reli!io#s or political affiliation+ Atte"pt of respondent to corr#pt or ind#ce the petitioner' a co""on child' or a child of the petitioner' to en!a!e in prostit#tion' or connivance in s#ch corr#ption or ind#ce"ent+ ?inal 4#d!"ent sentencin! the respondent to i"prison"ent of "ore than si, ears' even if pardoned+ .r#! addiction or habit#al alcoholis" of the respondent+ Lesbianis" or ho"ose,#alit of the respondent+ Contractin! b the respondent of a s#bse1#ent bi!a"o#s "arria!e' whether in the Philippines or abroad+ /e,#al infidelit or perversion+
UST Faculty of i!il La"

@2A

@-A

@0A

@5A @3A @5A

Art. 55.

A petition for le!al separation "a

@8A

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

@:A @1<A

Atte"pt b the respondent a!ainst the life of the petitioner+ or Abandon"ent of petitioner b respondent witho#t 4#stifiable ca#se for "ore than one ear.

@2A

@-A

?or p#rposes of this Article' the ter" child shall incl#de a child b nat#re or b adoption. (hile in the /ivil /ode, there were only three grounds for legal separation, there are ten grounds enumerated in the @amily /ode +ere preponderance of evidence, not guilt beyond reasonable doubt, will suffice to prove the existence of any of the grounds except in ground no. < A decree of legal separation, on the ground of concubinage as a form of sexual infidelity, may issue upon proof by preponderance of evidence2 no criminal proceedings or conviction is necessary Art. 53. The petition for le!al separation shall be denied on an of the followin! !ro#nds( @1A 7here the a!!rieved part condoned the offense or co"plained of+ has act

@0A @5A

@3A

7here the a!!rieved part has consented to the co""ission of the offense or act co"plained of+ 7here there is connivance between the parties in the co""ission of the offense or act constit#tin! the !ro#nd for le!al separation+ 7here both parties have !iven !ro#nd for le!al separation+ 7here there is coll#sion between the parties to obtain the decree of le!al separation+ or 7here the action is barred b prescription

,efenses in Legal !eparationB o /ondonation $his means forgiveness, express or implied %t comes after, not before the offense but must come before the filing of the complaint 'ach illicit sexual act is a separate act of sexual infidelity, therefore, condonation of one act does not necessarily imply condonation of the others o /onsent 64 +ay be express or implied
UST Faculty of i!il La"

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

:iven before the act and before the filing of the complaint o /onnivance o +utual guilt or *ecrimination #oth parties being in pari delicto, there is no offended spouse who deserves to being the action o /ollusion An agreement whereby one will pretend to have committed the ground relied upon o Prescription %f one party dies during the pendency of the case, the same should be dismissed since the action is purely a personal one Art. 55. An action for le!al separation shall be filed within five ears fro" the ti"e of the occ#rrence of the ca#se. Prescription may not be alleged separation or annulment proceedings in legal

#nless the co#rt has taken steps toward the reconciliation of the spo#ses and is f#ll satisfied' despite s#ch efforts' that reconciliation is hi!hl i"probable. Art. 3<. ;o decree of le!al separation shall be based #pon a stip#lation of facts or a confession of 4#d!"ent. 2n an case' the co#rt shall order the prosec#tin! attorne or fiscal assi!ned to it to take steps to prevent coll#sion between the parties and to take care that the evidence fo#nd is not fabricated or s#ppressed. $he proof may be either direct or circumstantial evidence $he case may prosper even if defendant does not appear Art. 31. After the filin! of the petition for le!al separation' the spo#ses shall be entitled to live separatel fro" each other. The co#rt' in the absence of a written a!ree"ent between the spo#ses' shall desi!nate either of the" or a third person to ad"inister the absol#te co""#nit or con4#!al partnership propert . The ad"inistrator appointed b the co#rt 65
UST Faculty of i!il La"

Art. 58. An action for le!al separation shall in no case be tried before si, "onths shall have elapsed since the filin! of the petition. /ooling4off period Art. 5:. ;o le!al separation "a be decreed

Karen Feliz G Supnad

Persons and Family Relations

shall have the sa"e powers and d#ties as those of a !#ardian #nder the R#les of Co#rt. Art. 32. .#rin! the pendenc of the action for le!al separation' the provisions of Article 0: shall likewise appl to the s#pport of the spo#ses and the c#stod and s#pport of the co""on children. $+ 226116120 +arch 1#0 2223
Section 2. Spousal Support. - In determining support for the spouses, the court may be guided by the following rules: (a) In the absence of adequate provisions in a written agreement between the spouses, the spouses may be supported from the properties of the absolute community or the conjugal partnership. (b) he court may award support to either spouse in such amount and for such period of time as the court may deem just and reasonable based on their standard of living during the marriage. (c) he court may li!ewise consider the following factors: (") whether the spouse see!ing support is the custodian of a child whose circumstances ma!e it appropriate for that spouse not to see! outside employment# ($) the time necessary to acquire sufficient education and training to enable the spouse see!ing support to find appropriate employment, and that spouse%s future earning capacity# (&) theduration of the marriage# (') the comparative financial resources of the spouses, including their comparative earning abilities in the labor mar!et# (() the needs and obligations of each spouse# ()) the contribution of each spouse to the marriage, including services rendered in home-ma!ing, child care, education, and career building of the other spouse# (*) the age and health of the spouses# (+) the physical and emotional conditions of the spouses# (,) the ability of the supporting spouse to give support, ta!ing into account that spouse%s earning capacity, earned and unearned income, assets, and standard of living# and ("-) any other factor the court may deem just and equitable. (d) he .amily /ourt may direct the deduction of the provisional support from the salary of the spouse. Section 3. Child Support. - he common children of the spouses shall be supported from the properties of the absolute community or the conjugal partnership. 0ubject 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 li!ewise consider the following factors: (") the financial resources of the custodial and noncustodial parent and those of the child# ($) the physical and emotional health of the Karen Feliz G Supnad

Atty. Jacqueline Lopez child and his or her special needs and aptitudes# (&) the standard of living the child has been accustomed to# (') the non-monetary contributions that the parents will ma!e toward the care and well-being of the child. he .amily /ourt 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 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. he court may li!ewise 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 see!ing 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. he court may award provisional custody in the following order of preference: (") to both parents jointly# ($) to either parent ta!ing 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# (&1 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# (') to the eldest brother or sister over twenty-one years of age, unless he or she is unfit or disqualified# (() to the child%s actual custodian over twenty-one years of age, unless unfit or disqualified# or ()) to any other person deemed by the court suitable to provide proper care and guidance for the child. he custodian temporarily designated by the2 court shall give the court and the parents five days notice of any plan to change the residence of the child or ta!e 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. - 3ppropriate 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. - 4ending resolution of the petition, no child of the parties shall be brought out of the country without prior order from the court. he court, motu proprio or upon application under oath, may issue e5-parte a hold departure order, addressed to the 6ureau of Immigration and 7eportation, directing it not to allow the departure of the child from the 4hilippines without the permission of the court. he .amily /ourt issuing the hold departure order shall furnish the 7epartment of .oreign 3ffairs and the 6ureau of Immigration and 7eportation of the 7epartment of 8ustice 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. he 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

66

UST Faculty of i!il La"

Persons and Family Relations has been issued or whose departure from the country has been enjoined# (b) the complete title and doc!et number of the case in which the hold departure was issued# (c) the specific nature of the case# and (d) the date of the hold-departure order. If available, a recent photograph of the person against whom a holddeparture order has been issued or whose departure from the country has been enjoined should also be included. he 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 o !rotection. - he court may issue an 9rder of 4rotection 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 ris! 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 ta!e persona: belongings not contested in a proceeding pending with the .amily /ourt# (f) to comply with such other orders as are necessary for the protection of the child. Section ". #d$inistration o Co$$on !roperty. - If a spouse without just cause abandons the other or-fails to comply with 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. he 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. he provisional order issued by the court shall be registered in the proper ;egister of 7eeds and annotated in all titles of properties subject of the receivership or administration.

Atty. Jacqueline Lopez given to the perpetrator of a woman who is suffering from 6attered woman syndrome.

Art. 3-. The decree of le!al separation shall have the followin! effects( @1A The spo#ses shall be entitled to live separatel fro" each other' b#t the "arria!e bonds shall not be severed+ The absol#te co""#nit or the con4#!al partnership shall be dissolved and li1#idated b#t the offendin! spo#se shall have no ri!ht to an share of the net profits earned b the absol#te co""#nit or the con4#!al partnership' which shall be forfeited in accordance with the provisions of Article 0-@2A+ The c#stod of the "inor children shall be awarded to the innocent spo#se' s#b4ect to the provisions of Article 21- of this Code+ and The offendin! spo#se shall be dis1#alified fro" inheritin! fro" the innocent spo#se b intestate s#ccession. >oreover' provisions in favor of the offendin! spo#se "ade in the will of the innocent
UST Faculty of i!il La"

@2A

@-A

R$ /2.2 <$nti6'iolence $gainst :omen and %heir Children=


Sec. 2". Custody o children. < he woman victim of violence shall be entitled to the custody and support of her child=children. /hildren below seven (*) years old older but with mental or physical disabilities shall automatically be given to the mother, with right to support, unless the court finds compelling reasons to order otherwise. 3 victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. In no case shall custody of minor children be

@0A

Karen Feliz G Supnad

67

Persons and Family Relations

Atty. Jacqueline Lopez

spo#se shall be operation of law.

revoked

has beco"e final. $wo things that may be revo3ed by the innocent spouseB o ,onations made in favor of the offending spouse o ,esignation of the offending spouse as

$his article applies regarding some effects after the grant of a decree of legal separation Neither party can have a paramour $he married couple cannot insist on sexual intercourse with each other Art. 30. After the finalit of the decree of le!al separation' the innocent spo#se "a revoke the donations "ade b hi" or her in favor of the offendin! spo#se' as well as the desi!nation of the latter as a beneficiar in an ins#rance polic ' even if s#ch desi!nation be stip#lated as irrevocable. The revocation of the donations shall be recorded in the re!istries of propert in the places where the properties are located. Alienations' liens and enc#"brances re!istered in !ood faith before the recordin! of the co"plaint for revocation in the re!istries of propert shall be respected. The revocation of or chan!e in the desi!nation of the ins#rance beneficiar shall take effect #pon written notification thereof to the ins#red. The action to revoke the donations #nder this Article "#st be bro#!ht within five ears fro" the ti"e the decree of le!al separation
Karen Feliz G Supnad

beneficiary in the insurance contracts of the innocent spouse Art. 35. 2f the spo#ses sho#ld reconcile' the correspondin! 4oint "anifestation #nder oath d#l si!ned b the" shall be filed with the co#rt in the sa"e proceedin! for le!al separation. %f the parties decide to reconcile after a decree of legal separation has been given, but they do not file the Coint manifestation referred to in this article, such gives rise to a de facto reconciliation wherein the effects of reconciliation enunciated in the next article will not apply Art. 33. The reconciliation referred to in the precedin! Article shall have the followin! conse1#ences( @1A The le!al separation proceedin!s' if still pendin!' shall thereb be
UST Faculty of i!il La"

68

Persons and Family Relations

Atty. Jacqueline Lopez

@2A

ter"inated in whatever sta!e+ and The final decree of le!al separation shall be set aside' b#t the separation of propert and an forfeit#re of the share of the !#ilt spo#se alread effected shall s#bsist' #nless the spo#ses a!ree to revive their for"er propert re!i"e.

with copies of both f#rnished to the creditors na"ed therein After d#e hearin!' the co#rt shall' in its order' take "eas#res to protect the interest of creditors and s#ch order shall be recorded in the proper re!istries of properties. The recordin! of the order in the re!istries of propert shall not pre4#dice an creditor not listed or not notified' #nless the debtor6spo#se has s#fficient separate properties to satisf the creditor s clai"s.

The Co#rt order containin! the fore!oin! shall be recorded in the proper civil re!istries. Art. 35. The a!ree"ent to revive the for"er propert re!i"e referred to in the precedin! Article shall be e,ec#ted #nder oath and shall specif ( @1A @2A @-A The properties to be contrib#ted anew to the restores re!i"e+ Those to be retained as separate properties of each spo#se+ and The na"es of all their known creditors' their addresses and the a"o#nts owin! to each.

%itle III. RI-H%S $*D (3LI-$%I(*S 3&%:&&* H>S3$*D $*D :I)&

Art. 38. The h#sband and wife are obli!ed to live to!ether' observe "#t#al love' respect and fidelit ' and render "#t#al help and s#pport. Personal obligations of husband and wifeB o ,uty to live together /ohabitation or consortium $he wife may establish a separate residence or domicile in the ff. casesB %f husband continually indulges in illicit relations %f husband is immoderate or barbaric in his demands for sexual intercourse
UST Faculty of i!il La"

The a!ree"ent of revival and the "otion for its approval shall be filed with the co#rt in the sa"e proceedin! for le!al separation'
Karen Feliz G Supnad

69

Persons and Family Relations

Atty. Jacqueline Lopez

%f husband grossly insults her %f husband maltreats her %f she is driven out of their home by the husband and threatened with violence if she returns %f husband continually gambles, refuses to give support, and insults her %f husband is a vagabond, no fixed home %f husband insists on living with his parents %f wife refuses unCustifiably to live with her husband, the court will admonish but will not order her to return2 husband may refuse to grant support o ,uty to observe mutual love, respect and fidelity %nstead of obedience, the law now re;uires mutual respect %nfidelity may be a ground for legal separation, or disinheritance, or for unworthiness in matters of succession or for criminal liability under the provisions of the *P/ o ,uty to render mutual help and support +utual help includes the right to defend the life and honor of the other spouse2 moral assistance !upport includes medical attendance .ther conse;uences of marriageB
Karen Feliz G Supnad

o +arriage emancipates a person from parental authority o Husband and wife can chastise or reprimand each other, but may not inflict force, except when either catches the other in the act of sexual intercourse with a stranger o +A**%A:' P*%&%L':' *"L'B $he husband cannot be examined for or against his wife without her consent, and vice versa, except in a civil case by one against the other, or criminal case for a crime committed by one against the other o +A*%$AL /.++"N%/A$%.N *"L'B $he husband or the wife, during and after marriage, cannot be examined without the consent of the other as to any communication received in confidence by the other during the marriage o $he wife should use the husbandGs surname Abandonment neglect and refusal to perform the filial and legal obligations of love and support Art. 3:. The h#sband and wife shall fi, the fa"il do"icile. 2n case of disa!ree"ent' the co#rt shall decide. The co#rt "a e,e"pt one spo#se fro" livin! with the other if the latter sho#ld have lived abroad or there are other valid and 70
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

co"pellin! reasons for the e,e"ption. However' s#ch e,e"ption shall not appl if the sa"e is not co"patible with the solidarit of the fa"il . Art. 5<. The spo#ses are 4ointl responsible for the s#pport of the fa"il . The e,penses for s#ch s#pport and other con4#!al obli!ations shall be paid fro" the co""#nit propert and' in the absence thereof' fro" the inco"e or fr#its of their separate properties. 2n case of ins#fficienc or absence of said inco"e or fr#its' s#ch obli!ations shall be satisfied fro" their separate properties. Art. 51. The "ana!e"ent of the ho#sehold shall be the ri!ht and d#t of both spo#ses. The e,penses for s#ch "ana!e"ent shall be paid in accordance with the provisions of Article 5<. Art. 52. 7hen one of the spo#ses ne!lects his or her d#t to the con4#!al #nion or co""its acts which tend to brin! dan!er' dishonor or in4#r to the other or to the fa"il ' the a!!rieved part "a appl to the co#rt for relief. Art. 5-. Either spo#se "a e,ercise an le!iti"ate profession' occ#pation' b#siness or activit witho#t the consent of the other. The latter "a ob4ect onl on valid' serio#s' and "oral !ro#nds.
Karen Feliz G Supnad

2n case of disa!ree"ent' the co#rt shall decide whether or not( @1A @2A The ob4ection is proper+ and =enefit has accr#ed to the fa"il prior to the ob4ection or thereafter. 2f the benefit accr#ed prior to the ob4ection' the res#ltin! obli!ation shall be enforced a!ainst the separate propert of the spo#se who has not obtained consent.

The fore!oin! provisions shall not pre4#dice the ri!hts of creditors who acted in !ood faith.

%itle I'.

H>S3$*D $*D :I)&

R( &R%, R&L$%I(*S 3&%:&&*

CHAPTER 1. %eneral Provisions Art. 50. The propert h#sband and wife shall followin! order( @1A relations between be !overned in the

= "arria!e settle"ents e,ec#ted before the "arria!e+


UST Faculty of i!il La"

71

Persons and Family Relations

Atty. Jacqueline Lopez

@2A @-A

= the provisions of this Code+ and = the local c#sto".

*e;uisites for a marriage settlementB o +ust be made before the celebration

of

A marriage settlement is a contract entered into by the future spouses fixing the matrimonial property regime that should govern during the existence of the marriage Art. 55. The f#t#re spo#ses "a ' in the "arria!e settle"ents' a!ree #pon the re!i"e of absol#te co""#nit ' con4#!al partnership of !ains' co"plete separation of propert or an other re!i"e. 2n the absence of a "arria!e settle"ent' or when the re!i"e a!reed #pon is void' the s ste" of absol#te co""#nit of propert as established in this Code shall !overn. +atrimonial property regime that may be agreed upon in the marriage settlementB o Absolute community regime almost everything is owned in common o *elative community regime or the conCugal partnership of gains everything earned during the marriage belongs to the conCugal partnership o /omplete or absolute separation each owns his earnings o Any other regime
Karen Feliz G Supnad

marriage, including modifications, except conversion into the complete separation of property, which would be allowed provided that there is Cudicial approval and no preCudice to creditors o +ust not contain provisions contrary to law, good morals, good customs, public order, and public policy, or against the dignity of either spouse o +ust generally confine itself only to property relations o +ust be in writing o /apacity to contract Art. 53. 2n order that an "odifications on the "arria!e settle"ents "a be valid' it "#st be "ade before the celebration of the "arria!e' s#b4ect to the provisions of Articles 33' 35' 128' 1-5 and 1-3. Any modification in the +! may be deemed valid provided they are made before the celebration of the marriage, subCect to the ff. provisionsB o Art. AA 8on conse;uences of reconciliation of the spouses in legal separation9 o Art. A? 8on conditions for revival of the former property regime in legal separation9 72
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

o Art.

)=

8on

petition

for

sole

administratorship of the conCugal partnership in case of abandonment by a spouse or failure to comply with his or her obligations to the family9 o Art. 67 8grounds for Cudicial separation of property9 o Art. 6A 8Coint petition property of spouses for

registry of property in order to bind third persons Art. 58. A "inor who accordin! to law "a contract "arria!e "a also e,ec#te his or her "arria!e settle"ents' b#t the shall be valid onl if the persons desi!nated in Article 10 to !ive consent to the "arria!e are "ade parties to the a!ree"ent' s#b4ect to the provisions of Title 2D of this Code. Art. 5:. ?or the validit of an "arria!e settle"ent e,ec#ted b a person #pon who" a sentence of civil interdiction has been prono#nced or who is s#b4ect to an other disabilit ' it shall be indispensable for the !#ardian appointed b a co"petent co#rt to be "ade a part thereto. Art. 8<. 2n the absence of a contrar stip#lation in a "arria!e settle"ent' the propert relations of the spo#ses shall be !overned b Philippine laws' re!ardless of the place of the celebration of the "arria!e and their residence. This r#le shall not appl ( @1A @2A 73 7here both spo#ses are aliens+ 7ith respect to the e,trinsic
UST Faculty of i!il La"

dissolution of their relations

regime

governing

Art. 55. The "arria!e settle"ents and an "odification thereof shall be in writin!' si!ned b the parties and e,ec#ted before the celebration of the "arria!e. The shall not pre4#dice third persons #nless the are re!istered in the local civil re!istr where the "arria!e contract is recorded as well as in the proper re!istries of propert . $his article sets forth the re;uisites of a +! as well as any of its modifications in correlation with Art. = B o +ust be in writing o +ust be signed by the parties thereto o 'xecuted before the celebration of the marriage o +arriage must be celebrated o ,uly registered in the civil registry and
Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

@-A

validit of contracts affectin! propert not sit#ated in the Philippines and e,ec#ted in the co#ntr where the propert is located+ and 7ith respect to the e,trinsic validit of contracts entered into in the Philippines b#t affectin! propert sit#ated in a forei!n co#ntr whose laws re1#ire different for"alities for its e,trinsic validit .

CHAPTER 2.

.onations b

Reason of >arria!e

Art. 82. .onations b reason of "arria!e are those which are "ade before its celebration' in consideration of the sa"e' and in favor of one or both of the f#t#re spo#ses. *e;uisites for a valid donation propter nuptiasB o +ust be made before the celebration of the marriage o +ust be made in consideration of the same o +ust be made in favor of one or both of the future spouses Art. 8-. These donations are !overned b the r#les on ordinar donations established in Title 222 of =ook 222 of the Civil Code' insofar as the are not "odified b the followin! articles. :enerally, all rules on ordinary donations apply to donations propter nuptias Art. 80. 2f the f#t#re spo#ses a!ree #pon a re!i"e other than the absol#te co""#nit of propert ' the cannot donate to each other in their "arria!e settle"ents "ore than one6fifth of their present propert . An e,cess shall be considered void.

"nless stipulated otherwise in the +!, this article provides that Philippine laws shall govern the property relations of the spouses 8at least one of the parties is @ilipino9 wherever they reside or regardless of the place of celebration of their marriage Art. 81. Ever thin! stip#lated in the settle"ents or contracts referred to in the precedin! articles in consideration of a f#t#re "arria!e' incl#din! donations between the prospective spo#ses "ade therein' shall be rendered void if the "arria!e does not take place. However' stip#lations that do not depend #pon the celebration of the "arria!e shall be valid.

Karen Feliz G Supnad

74

UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

.onations of f#t#re propert shall be !overned b the provisions on testa"entar s#ccession and the for"alities of wills. Art. 85. .onations b reason of "arria!e of propert s#b4ect to enc#"brance shall be valid. 2n case of foreclos#re of the enc#"brance and the propert is sold for less than the total a"o#nt of the obli!ation sec#red' the donee shall not be liable for the deficienc . 2f the propert is sold for "ore than the total a"o#nt of said obli!ation' the donee shall be entitled to the e,cess. Art. 83. A donation b reason of "arria!e "a be revoked b the donor in the followin! cases( @1A 2f the "arria!e is not celebrated or 4#diciall declared void ab initio e,cept donations "ade in the "arria!e settle"ents' which shall be !overned b Article 81+ 7hen the "arria!e takes place witho#t the consent of the parents or !#ardian' as re1#ired b law+ 7hen the "arria!e is ann#lled' and the donee acted in bad faith+ Bpon le!al separation' the donee bein! the !#ilt spo#se+ 2f it is with a resol#tor condition 75

@3A

and the condition is co"plied with+ 7hen the donee has co""itted an act of in!ratit#de as specified b the provisions of the Civil Code on donations in !eneral.

Art. 85. Ever donation or !rant of !rat#ito#s advanta!e' direct or indirect' between the spo#ses d#rin! the "arria!e shall be void' e,cept "oderate !ifts which the spo#ses "a !ive each other on the occasion of an fa"il re4oicin!. The prohibition shall also appl to persons livin! to!ether as h#sband and wife witho#t a valid "arria!e. $his article covers donations propter nuptias betweenB o Lawfully married couples o /ommon law spouses 'very grant of gratuitous advantage between the spouses are void +oderate donations or gifts between spouses are valid, if given on the occasion of a family reCoicing o (hat is moderate depends on the financial status of the people concerned *easons for the general prohibition of donations between spousesB
UST Faculty of i!il La"

@2A

@-A @0A @5A


Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

o $o protect creditors o $o prevent the wea3er spouse from being influences by the stronger spouse o $o prevent an indirect violation of the rule prohibiting modifications of the +! during the existence of the marriage .nly those preCudiced by the transfer may assail the validity of the donation CHAPTER -. / ste" of Absol#te Co""#nit

shall be recorded as provided in Article 55. The creditors of the spo#se who "ade s#ch waiver "a petition the co#rt to rescind the waiver to the e,tent of the a"o#nt s#fficient to cover the a"o#nt of their credits. (aiver of the rights, interest, shares and effects can be made during the existence of the marriage only in a Cudicial separation property which also ta3es place in a legal separation Art. :<. The provisions on co6ownership shall appl to the absol#te co""#nit of propert between the spo#ses in all "atters not provided for in this Chapter. Sec. 2. :H$% C(*S%I%>%&S C(++>*I%, R( &R%, Art. :1. Bnless otherwise provided in this Chapter or in the "arria!e settle"ents' the co""#nit propert shall consist of all the propert owned b the spo#ses at the ti"e of the celebration of the "arria!e or ac1#ired thereafter. Art. :2. The followin! shall be e,cl#ded fro" the co""#nit propert ( @1A Propert "arria!e ac1#ired d#rin! the b !rat#ito#s title b
UST Faculty of i!il La"

Sec. 1. -&*&R$L R('ISI(*S Art. 88. The absol#te co""#nit of propert between spo#ses shall co""ence at the precise "o"ent that the "arria!e is celebrated. An stip#lation' e,press or i"plied' for the co""ence"ent of the co""#nit re!i"e at an other ti"e shall be void. Art. 8:. ;o waiver of ri!hts' interests' shares and effects of the absol#te co""#nit of propert d#rin! the "arria!e can be "ade e,cept in case of 4#dicial separation of propert . 7hen the 4#dicial separation "arria!e has been sa"e shall appear
Karen Feliz G Supnad

waiver takes place #pon a of propert ' or after the dissolved or ann#lled' the in a p#blic instr#"ent and 76

Persons and Family Relations

Atty. Jacqueline Lopez

@2A

@-A

either spo#se' and the fr#its as well as the inco"e thereof' if an ' #nless it is e,pressl provided b the donor' testator or !rantor that the shall for" part of the co""#nit propert + Propert for personal and e,cl#sive #se if either spo#se+ however' 4ewelr shall for" part of the co""#nit propert + Propert ac1#ired before the "arria!e b either spo#se who has le!iti"ate descendants b a for"er "arria!e' and the fr#its as well as the inco"e' if an ' of s#ch propert .

proved that it is one of those e,cl#ded therefro". #efore the presumption in this article applies, evidence must be shown that the disputed properties have been ac;uired during the marriage Sec. 3. CH$R-&S > (* $*D (3LI-$%I(*S () %H& $3S(L>%& C(++>*I%,

Art. :0. The absol#te shall be liable for( @1A

co""#nit

of

propert

*easons for the separate properties mentioned in this articleB o Par. the desire of the gratuitous giver must be respected o Par. ) the reason here is obvious o Par. 6 $his is to protect the rights or legitimes of the children or other descendants of the prior marriage2 said children or descendants must be legitimate Art. :-. Propert ac1#ired d#rin! the "arria!e is pres#"ed to belon! to the co""#nit ' #nless it is
Karen Feliz G Supnad

@2A

@-A

The s#pport of the spo#ses' their co""on children' and le!iti"ate children of either spo#se+ however' the s#ppose of ille!iti"ate children shall be !overned b the provisions of this Code on /#pport+ All debts and obli!ations contracted d#rin! the "arria!e b the desi!nated ad"inistrator6 spo#se for the benefit of the co""#nit ' or b both spo#ses' or b one spo#se with the consent of the other+ .ebts and obli!ations contracted b either spo#se witho#t the
UST Faculty of i!il La"

77

Persons and Family Relations

Atty. Jacqueline Lopez

@0A

@5A

@3A

@5A

@8A

@:A
Karen Feliz G Supnad

consent of the other to the e,tent that the fa"il "a have been benefited+ All ta,es' liens' char!es and e,penses' incl#din! "a4or or "inor repairs' #pon the co""#nit propert + All ta,es and e,penses for "ere preservation "ade d#rin! the "arria!e #pon the separate propert of either spo#se #sed b the fa"il + E,penses to enable either spo#se to co""ence or co"plete a professional or vocational co#rse' or other activit for self6 i"prove"ent+ Anten#ptial debts of either spo#se insofar as the have redo#nded to the benefit of the fa"il + The val#e of what is donated or pro"ised b both spo#ses in favor of their co""on le!iti"ate children for the e,cl#sive p#rpose of co""encin! or co"pletin! a professional or vocational co#rse or other activit for self6 i"prove"ent+ Anten#ptial debts of either spo#se 78

@1<A

other than those fallin! #nder para!raph @5A of this Article' the s#pport of ille!iti"ate children of either spo#se' and liabilities inc#rred b either spo#se b reason of a cri"e or a 1#asi6 delict' in case of absence or ins#fficienc of the e,cl#sive propert of the debtor6spo#se' the pa "ent of which shall be considered as advances to be ded#cted fro" the share of the debtor6spo#se #pon li1#idation of the co""#nit + and E,penses of liti!ation between the spo#ses #nless the s#it is fo#nd to be !ro#ndless.

2f the co""#nit propert is ins#fficient to cover the fore!oin! liabilities' e,cept those fallin! #nder para!raph @:A' the spo#ses shall be solidaril liable for the #npaid balance with their separate properties. Art. :5. 7hatever "a be lost d#rin! the "arria!e in an !a"e of chance' bettin!' sweepstakes' or an other kind of !a"blin!' whether per"itted or prohibited b law shall be borne b the loser and shall not be char!ed to
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

the co""#nit b#t an winnin!s therefro" shall for" part of the co""#nit propert . Sec. ". (:*&RSHI 0 $D+I*IS%R$%I(*0 &*7(,+&*% $*D DIS (SI%I(* () %H& C(++>*I%, R( &R%, Art. :3. The ad"inistration and en4o "ent of the co""#nit propert shall belon! to both spo#ses 4ointl . 2n case of disa!ree"ent' the h#sband s decision shall prevail' s#b4ect to reco#rse to the co#rt b the wife for a proper re"ed ' which "#st be availed of within five ears fro" the date of the contract i"ple"entin! s#ch decision. 2n the event that one spo#se is incapacitated or otherwise #nable to participate in the ad"inistration of co""on properties' the other spo#se "a ass#"e sole powers of ad"inistration. These powers do not incl#de disposition or enc#"brance witho#t a#thorit of the co#rt or the written consent of the other spo#se. 2n the absence of s#ch a#thorit or consent' the disposition or enc#"brance shall be void. However' the transaction shall be constr#es as a contin#in! offer on the part of the consentin! spo#se and the third person' and "a be perfected as a bindin! contract #pon the acceptance b the other spo#se or a#thori&ation
Karen Feliz G Supnad

b the co#rt before the offer is withdrawn b either or both offerors. :*B 0oint administration and enCoyment by both spouses o 'xceptionB %n case of disagreement, husband prevails, subCect to recourse to the court by the wife for the proper remedy Art. :5. Either spo#se "a dispose b will of his or her interest in the co""#nit propert . Art. :8. ;either spo#se "a donate an co""#nit propert witho#t the consent of the other. However' either spo#se "a ' witho#t the consent of the other' "ake "oderate donations fro" the co""#nit propert for charit or on occasion of fa"il re4oicin! or fa"il distress. Sec. #. DISS(L>%I(* () $3S(L>%& C(++>*I%, R&-I+& Art. ::. The absol#te co""#nit @1A @2A @-A ter"inates(

Bpon the death of either spo#se+ 7hen there is a decree of le!al separation+ 7hen the "arria!e is ann#lled or declared void+ or
UST Faculty of i!il La"

79

Persons and Family Relations

Atty. Jacqueline Lopez

@0A

2n case of 4#dicial separation of propert d#rin! the "arria!e #nder Articles 1-0 to 1-8.

to satisf

the latter s absence.

Art. 1<<. The separation in fact between h#sband and wife shall not affect the re!i"e of absol#te co""#nit e,cept that( @1A The spo#se who leaves the con4#!al ho"e or ref#ses to live therein' witho#t 4#st ca#se' shall not have the ri!ht to be s#pported+ 7hen the consent of one spo#se to an transaction of the other is re1#ired b law' 4#dicial a#thori&ation shall be obtained in a s#""ar proceedin!+ 2n the absence of s#fficient co""#nit propert ' the separate propert of both spo#ses shall be solidaril liable for the s#pport of the fa"il . The spo#se present shall' #pon proper petition in a s#""ar proceedin!' be !iven 4#dicial a#thorit to ad"inister or enc#"ber an specific separate propert of the other spo#se and #se the fr#its or proceeds thereof 80

$his article refers to a de facto separation and in the proper case there can beB o Loss of support o 0udicial authoriDation instead of marital consent o !ubsidiary solidary liability of the separate property o 0udicial authority to administer or encumber the separate property of the other spouse Art. 1<1. 2f a spo#se witho#t 4#st ca#se abandons the other or fails to co"pl with his or her obli!ations to the fa"il ' the a!!rieved spo#se "a petition the co#rt for receivership' for 4#dicial separation of propert or for a#thorit to be the sole ad"inistrator of the absol#te co""#nit ' s#b4ect to s#ch preca#tionar conditions as the co#rt "a i"pose. The obli!ations to the fa"il "entioned in the precedin! para!raph refer to "arital' parental or propert relations. A spo#se is dee"ed to have abandoned the other when he or she has left the con4#!al dwellin! witho#t an intention of ret#rnin!. The spo#se who has left the con4#!al
UST Faculty of i!il La"

@2A

@-A

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

dwellin! for a period of three "onths or has failed within the sa"e period to !ive an infor"ation as to his or her whereabo#ts shall be pri"a facie pres#"ed to have no intention of ret#rnin! to the con4#!al dwellin!. Sec. .. LI9>ID$%I(* () %H& $3S(L>%& C(++>*I%, $SS&%S $*D LI$3ILI%I&S

@0A

ART. 1<2. Bpon dissol#tion of the absol#te co""#nit re!i"e' the followin! proced#re shall appl ( @1A An inventor shall be prepared' listin! separatel all the properties of the absol#te co""#nit and the e,cl#sive properties of each spo#se. The debts and obli!ations of the absol#te co""#nit shall be paid o#t of its assets. 2n case of ins#fficienc of said assets' the spo#ses shall be solidaril liable for the #npaid balance with their separate properties in accordance with the provisions of the second para!raph of Article :0. 7hatever re"ains of the e,cl#sive properties of the 81

@2A

@5A

@-A

@3A

spo#ses shall thereafter be delivered to each of the". The net re"ainder of the properties of the absol#te co""#nit shall constit#te its net assets' which shall be divided e1#all between h#sband and wife' #nless a different proportion or division was a!reed #pon in the "arria!e settle"ents' or #nless there has been a vol#ntar waiver of s#ch share as provided in this Code. ?or p#rposes of co"p#tin! the net profits s#b4ect to forfeit#re in accordance with Articles 0-' ;o. @2A and 3-' ;o. @2A' the said profits shall be the increase in val#e between the "arket val#e of the co""#nit propert at the ti"e of the celebration of the "arria!e and the "arket val#e at the ti"e of its dissol#tion. The pres#"ptive le!iti"es of the co""on children shall be delivered #pon partition' in accordance with Article 51. Bnless otherwise a!reed #pon b the parties' in the partition of the
UST Faculty of i!il La"

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

properties' the con4#!al dwellin! and the lot on which it is sit#ated shall be ad4#dicated to the spo#se with who" the "a4orit of the co""on children choose to re"ain. Children below the a!e of seven ears are dee"ed to have chosen the "other' #nless the co#rt has decided otherwise. 2n case there is no s#ch "a4orit ' the co#rt shall decide' takin! into consideration the best interests of said children. Paragraph 8 9 of this article regarding the ma3ing of an inventory includes appraisal of the value of the community property $he absolute community of property or the conCugal partnership, as the case may be, shall be dissolved and li;uidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conCugal 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 8Art. <6 8)9, N//9 $he absolute community or the conCugal
Karen Feliz G Supnad

partnership shall be dissolved and li;uidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conCugal partnership, which shall be forfeited in accordance with the provisions of Art. <6 8)9 8Art. A6 8)9, N//9 Art. 1<-. Bpon the ter"ination of the "arria!e b death' the co""#nit propert shall be li1#idated in the sa"e proceedin! for the settle"ent of the estate of the deceased. 2f no 4#dicial settle"ent proceedin! is instit#ted' the s#rvivin! spo#se shall li1#idate the co""#nit propert either 4#diciall or e,tra6 4#diciall ' within one ear fro" the death of the deceased spo#se. 2f #pon the lapse of the one ear period' no li1#idation is "ade' an disposition or enc#"brance involvin! the co""#nit propert of the ter"inated "arria!e shall be void. /ho#ld the s#rvivin! spo#se contract a s#bse1#ent "arria!e witho#t co"pliance with the fore!oin! re1#ire"ents' a "andator re!i"e of co"plete separation of propert shall !overn the propert relations of the s#bse1#ent "arria!e. Art. 1<0. 82 7henever the li1#idation of the

UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

co""#nit properties of two or "ore "arria!es contracted b the sa"e person before the effectivit of this Code is carried o#t si"#ltaneo#sl ' the respective capital' fr#its and inco"e of each co""#nit shall be deter"ined #pon s#ch proof as "a be considered accordin! the r#les of evidence. 2n case of do#bt as to which co""#nit the e,istin! properties belon!' the sa"e shall be divided between the different co""#nities in proportion to the capital and d#ration of each. CHAPTER 0. Con4#!al Partnership of %ains

Art. 1<3. Bnder the re!i"e of con4#!al partnership of !ains' the h#sband and wife place in a co""on f#nd the proceeds' prod#cts' fr#its and inco"e fro" their separate properties and those ac1#ired b either or both spo#ses thro#!h their efforts' or b chance' and' #pon dissol#tion of the "arria!e or of the partnership' the net !ains or benefits obtained b either or both spo#ses shall be divided e1#all between the"' #nless otherwise a!reed in the "arria!e settle"ents. Art. 1<5. The r#les provided in Articles 88 and 8: shall also appl to con4#!al partnership of !ains. $he absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated. Any stipulation, express or implied, for the commencement of the community regime at any other time shall be void 8Art. ==, @/9 No waiver of rights, interests, shares and effects of the absolute community of property during the marriage can be made except in case of Cudicial separation of property. (hen the waiver ta3es place upon a Cudicial separation of property, or after the marriage 83
UST Faculty of i!il La"

Sec. 1. -&*&R$L R('ISI(*S Art. 1<5. 2n case the f#t#re spo#ses a!ree in the "arria!e settle"ents that the re!i"e of con4#!al partnership of !ains shall !overn their propert relations d#rin! "arria!e' the provisions in this Chapter shall be of s#pple"entar application. /onCugal Partnership of :ains formed by a husband and his wife whereby they place in a common fund the fruits of their separate property, and the income from their wor3 or industry, the same to be divided between them e;ually, as a general rule, upon the dissolution of the marriage or the partnership
Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

has been dissolved or annulled, the same shall appear in a public instrument and shall be recorded as provided in Art. ??. $he creditors of the spouse who made such waiver may petition the court to rescind the waiver to the extent of the amount sufficient to cover the amount of their credits. 8Art. =5, @/9 Art. 1<8. The con4#!al partnership shall be !overned b the r#les on the contract of partnership in all that is not in conflict with what is e,pressl deter"ined in this Chapter or b the spo#ses in their "arria!e settle"ents. Sec 2. &CL>SI'& R( &R%, () &$CH S (>S& Art. 1<:. The followin! shall be the e,cl#sive propert of each spo#se( @1A @2A @-A That which is bro#!ht to the "arria!e as his or her own+ That which each ac1#ires d#rin! the "arria!e b !rat#ito#s title+ That which is ac1#ired b ri!ht of rede"ption' b barter or b e,chan!e with propert belon!in! to onl one of the spo#ses+ and That which is p#rchased with e,cl#sive "one of the wife or of 84

the h#sband. Art. 11<. The spo#ses retain the ownership' possession' ad"inistration' and en4o "ent of their e,cl#sive properties. Either spo#se "a ' d#rin! the "arria!e' transfer the ad"inistration of his or her e,cl#sive propert to the other b "eans of a p#blic instr#"ent' which shall be recorded in the re!istr of propert of the place where the propert is located. Art. 111. A spo#se of a!e "a "ort!a!e' enc#"ber' alienate or otherwise dispose of his or her e,cl#sive propert ' witho#t the consent of the other spo#se' and appear alone in co#rt to liti!ate with re!ard to the sa"e. Art. 112. The alienation of an e,cl#sive propert of a spo#se ad"inistered b the other a#to"aticall ter"inates the ad"inistration over s#ch propert and the proceeds of the alienation shall be t#rned over to the owner6spo#se. Art. 11-. Propert donated or left b will to the spo#ses' 4ointl and with desi!nation of deter"inate shares' shall pertain to the donee6 spo#ses as his or her own e,cl#sive propert '
UST Faculty of i!il La"

@0A

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

and in the absence of desi!nation' share and share alike' witho#t pre4#dice to the ri!ht of accretion when proper. Accretion %f a spouse waives the donation, his or her share shall add to the otherGs share Art. 110. 2f the donations are onero#s' the a"o#nt of the char!es shall be borne b the e,cl#sive propert of the donee spo#se' whenever the have been advanced b the con4#!al partnership of !ains. Art. 115. Retire"ent benefits' pensions' ann#ities' !rat#ities' #s#fr#cts' and si"ilar benefits shall be !overned b the r#les on !rat#ito#s or onero#s ac1#isitions as "a be proper in each case. $estB o %f onerousB Automatically pertains to the /P: o %f gratuitousB /hec3 the intent of the donor reB donee 8if one spouse only or to /P9 R( &R%,

been "ade' contracted or re!istered in the na"e of one or both spo#ses' is pres#"ed to be con4#!al #nless the contrar is proved. Art. 115. The followin! are con4#!al partnership properties( @1A Those ac1#ired b onero#s title d#rin! the "arria!e at the e,pense of the co""on f#nd' whether the ac1#isition be for the partnership' or for onl one of the spo#ses+ Those obtained fro" the labor' ind#str ' work or profession of either or both of the spo#ses+ The fr#its' nat#ral' ind#strial' or civil' d#e or received d#rin! the "arria!e fro" the co""on propert ' as well as the net fr#its fro" the e,cl#sive propert of each spo#se+ The share of either spo#se in the hidden treas#re which the law awards to the finder or owner of the propert where the treas#re is fo#nd+ Those ac1#ired thro#!h occ#pation s#ch as fishin! or
UST Faculty of i!il La"

@2A

@-A

@0A

Sec. 3. C(*7>-$L $R%*&RSHI

Art. 113. All propert ac1#ired d#rin! the "arria!e whether the ac1#isition appears to have
Karen Feliz G Supnad

@5A

85

Persons and Family Relations

Atty. Jacqueline Lopez

@3A

@5A

h#ntin!+ Livestock e,istin! #pon the dissol#tion of the partnership in e,cess of the n#"ber of each kind bro#!ht to the "arria!e b either spo#se+ and Those which are ac1#ired b chance' s#ch as winnin!s fro" !a"blin! or bettin!. However' losses therefro" shall be borne e,cl#sivel b the loser6spo#se.

interests fallin! d#e d#rin! the "arria!e on the principal shall belon! to the con4#!al partnership. Art. 12<. The ownership of i"prove"ents' whether for #tilit or adorn"ent' "ade on the separate propert of the spo#ses at the e,pense of the partnership or thro#!h the acts or efforts of either or both spo#ses shall pertain to the con4#!al partnership' or to the ori!inal owner6 spo#se' s#b4ect to the followin! r#les( 7hen the cost of the i"prove"ent "ade b the con4#!al partnership and an res#ltin! increase in val#e are "ore than the val#e of the propert at the ti"e of the i"prove"ent' the entire propert of one of the spo#ses shall belon! to the con4#!al partnership' s#b4ect to rei"b#rse"ent of the val#e of the propert of the owner6spo#se at the ti"e of the i"prove"ent+ otherwise' said propert shall be retained in ownership b the owner6spo#se' likewise s#b4ect to rei"b#rse"ent of the cost of the i"prove"ent. 2n either case' the ownership of the entire propert shall be vested #pon the rei"b#rse"ent' which shall be "ade at the ti"e of the li1#idation of the con4#!al partnership.

Art. 118. Propert bo#!ht on install"ents paid partl fro" e,cl#sive f#nds of either or both spo#ses and partl fro" con4#!al f#nds belon!s to the b# er or b# ers if f#ll ownership was vested before the "arria!e and to the con4#!al partnership if s#ch ownership was vested d#rin! the "arria!e. 2n either case' an a"o#nt advanced b the partnership or b either or both spo#ses shall be rei"b#rsed b the owner or owners #pon li1#idation of the partnership. Art. 11:. 7henever an a"o#nt or credit pa able within a period of ti"e belon!s to one of the spo#ses' the s#"s which "a be collected d#rin! the "arria!e in partial pa "ents or b install"ents on the principal shall be the e,cl#sive propert of the spo#se. However'
Karen Feliz G Supnad

86

UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

Sec. ". CH$R-&S > (* $*D (3LI-$%I(*S () %H& C(*7>-$L $R%*&RSHI Art. 121. for(

@5A

The con4#!al partnership shall be liable @3A @1A The s#pport of the spo#se' their co""on children' and the le!iti"ate children of either spo#se+ however' the s#pport of ille!iti"ate children shall be !overned b the provisions of this Code in /#pport+ All debts and obli!ations contracted d#rin! the "arria!e b the desi!nated ad"inistrator6 spo#se for the benefit of the con4#!al partnership of !ains' or b both spo#ses or b one of the" with the consent of the other+ .ebts and obli!ations contracted b either spo#se witho#t the consent of the other to the e,tent that the fa"il "a have been benefited+ All ta,es' liens' char!es' and e,penses' incl#din! "a4or or "inor repairs #pon the con4#!al 87

@5A

@8A

@2A

@:A

@-A

partnership propert + All ta,es and e,penses for "ere preservation "ade d#rin! the "arria!e #pon the separate propert of either spo#se+ E,penses to enable either spo#se to co""ence or co"plete a professional' vocational' or other activit for self6i"prove"ent+ Anten#ptial debts of either spo#se insofar as the have redo#nded to the benefit of the fa"il + The val#e of what is donated or pro"ised b both spo#ses in favor of their co""on le!iti"ate children for the e,cl#sive p#rpose of co""encin! or co"pletin! a professional or vocational co#rse or other activit for self6 i"prove"ent+ and E,penses of liti!ation between the spo#ses #nless the s#it is fo#nd to be !ro#ndless.

@0A

2f the con4#!al partnership is ins#fficient to cover the fore!oin! liabilities' the spo#ses shall be solidaril liable for the #npaid balance with their separate properties.

Karen Feliz G Supnad

UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

Art. 122. The pa "ent of personal debts contracted b the h#sband or the wife before or d#rin! the "arria!e shall not be char!ed to the con4#!al partnership e,cept insofar as the redo#nded to the benefit of the fa"il . ;either shall the fines and pec#niar inde"nities i"posed #pon the" be char!ed to the partnership. However' the pa "ent of personal debts contracted b either spo#se before the "arria!e' that of fines and inde"nities i"posed #pon the"' as well as the s#pport of ille!iti"ate children of either spo#se' "a be enforced a!ainst the partnership assets after the responsibilities en#"erated in the precedin! Article have been covered' if the spo#se who is bo#nd sho#ld have no e,cl#sive propert or if it sho#ld be ins#fficient+ b#t at the ti"e of the li1#idation of the partnership' s#ch spo#se shall be char!ed for what he has been paid for the p#rposes above6"entioned. Art. 12-. 7hatever "a be lost d#rin! the "arria!e in an !a"e of chance' or in bettin!' sweepstakes' or an other kind of !a"blin! whether per"itted or prohibited b law' shall be borne b the loser and shall not be char!ed to
Karen Feliz G Supnad

the con4#!al partnership b#t an therefro" shall for" part of the partnership propert . Sec. #. $D+I*IS%R$%I(* R( &R%, () %H&

winnin!s con4#!al

$R%*&RSHI

C(*7>-$L

Art. 120. The ad"inistration and en4o "ent of the con4#!al partnership propert shall belon! to both spo#ses 4ointl . 2n case of disa!ree"ent' the h#sband s decision shall prevail' s#b4ect to reco#rse to the co#rt b the wife for proper re"ed ' which "#st be availed of within five ears fro" the date of the contract i"ple"entin! s#ch decision. 2n the event that one spo#se is incapacitated or otherwise #nable to participate in the ad"inistration of the con4#!al properties' the other spo#se "a ass#"e sole powers of ad"inistration. These powers do not incl#de disposition or enc#"brance witho#t a#thorit of the co#rt or the written consent of the other spo#se. 2n the absence of s#ch a#thorit or consent' the disposition or enc#"brance shall be void. However' the transaction shall be constr#ed as a contin#in! offer on the part of the consentin! spo#se and the third person' and "a be perfected as a bindin! contract #pon the 88
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

acceptance b the other spo#se or a#thori&ation b the co#rt before the offer is withdrawn b either or both offerors. Art. 125. ;either spo#se "a donate an con4#!al partnership propert witho#t the consent of the other. However' either spo#se "a ' witho#t the consent of the other' "ake "oderate donations fro" the con4#!al partnership propert for charit or on occasions of fa"il re4oicin! or fa"il distress. Sec. .. DISS(L>%I(* () C(*7>-$L R&-I+& $R%*&RSHI

'ven before the dissolution or li;uidation of the /P, a co4owner thereof may already bring an action to protect his or her interest therein Art. 125. The separation in fact between h#sband and wife shall not affect the re!i"e of con4#!al partnership' e,cept that( @1A The spo#se who leaves the con4#!al ho"e or ref#ses to live therein' witho#t 4#st ca#se' shall not have the ri!ht to be s#pported+ 7hen the consent of one spo#se to an transaction of the other is re1#ired b law' 4#dicial a#thori&ation shall be obtained in a s#""ar proceedin!+ 2n the absence of s#fficient con4#!al partnership propert ' the separate propert of both spo#ses shall be solidaril liable for the s#pport of the fa"il . The spo#se present shall' #pon petition in a s#""ar proceedin!' be !iven 4#dicial a#thorit to ad"inister or enc#"ber an specific separate propert of the other spo#se and #se the fr#its or proceeds thereof
UST Faculty of i!il La"

@2A

Art. 123.

The con4#!al partnership ter"inates( @1A @2A @-A @0A Bpon the death of either spo#se+ 7hen there is a decree of le!al separation+ 7hen the "arria!e is ann#lled or declared void+ or 2n case of 4#dicial separation of propert d#rin! the "arria!e #nder Articles 1-0 to 1-8. @-A

%f /P is dissolved, the dissolution should be registered in the *egistry of Property so as not to preCudice innocent third parties
Karen Feliz G Supnad

89

Persons and Family Relations

Atty. Jacqueline Lopez

to satisf

the latter s share. not the

$SS&%S $*D LI$3ILI%I&S Art. 12:. Bpon the dissol#tion of the con4#!al partnership re!i"e' the followin! proced#re shall appl ( @1A An inventor shall be prepared' listin! separatel all the properties of the con4#!al partnership and the e,cl#sive properties of each spo#se. A"o#nts advanced b the con4#!al partnership in pa "ent of personal debts and obli!ations of either spo#se shall be credited to the con4#!al partnership as an asset thereof. Each spo#se shall be rei"b#rsed for the #se of his or her e,cl#sive f#nds in the ac1#isition of propert or for the val#e of his or her e,cl#sive propert ' the ownership of which has been vested b law in the con4#!al partnership. The debts and obli!ations of the con4#!al partnership shall be paid o#t of the con4#!al assets. 2n case of ins#fficienc of said
UST Faculty of i!il La"

$he law recogniDed the 'R%!$'N/', L':AL%$1 of a separation de facto

Art. 128. 2f a spo#se witho#t 4#st ca#se abandons the other or fails to co"pl with his or her obli!ations to the fa"il ' the a!!rieved spo#se "a petition the co#rt for receivership' for 4#dicial separation of propert ' or for a#thorit to be the sole ad"inistrator of the con4#!al partnership propert ' s#b4ect to s#ch preca#tionar conditions as the co#rt "a i"pose. The obli!ations to the fa"il "entioned in the precedin! para!raph refer to "arital parental' or propert relations. A spo#se is dee"ed to have abandoned the other when he or she has left the con4#!al dwellin! witho#t intention of ret#rnin!. The spo#se who has left the con4#!al dwellin! for a period of three "onths or has failed within the sa"e period to !ive an infor"ation as to his or her whereabo#ts shall be pri"a facie pres#"ed to have no intention of ret#rnin! to the con4#!al dwellin!. Sec. 4. LI9>ID$%I(* () %H& C(*7>-$L $R%*&RSHI
Karen Feliz G Supnad

@2A

@-A

@0A

90

Persons and Family Relations

Atty. Jacqueline Lopez

@5A

@3A

@5A

assets' the spo#ses shall be solidaril liable for the #npaid balance with their separate properties' in accordance with the provisions of para!raph @2A of Article 121. 7hatever re"ains of the e,cl#sive properties of the spo#ses shall thereafter be delivered to each of the". Bnless the owner had been inde"nified fro" whatever so#rce' the loss or deterioration of "ovables #sed for the benefit of the fa"il ' belon!in! to either spo#se' even d#e to fort#ito#s event' shall be paid to said spo#se fro" the con4#!al f#nds' if an . The net re"ainder of the con4#!al partnership properties shall constit#te the profits' which shall be divided e1#all between h#sband and wife' #nless a different proportion or division was a!reed #pon in the "arria!e settle"ents or #nless there has been a vol#ntar waiver or forfeit#re of s#ch share as 91

@8A

@:A

provided in this Code. The pres#"ptive le!iti"es of the co""on children shall be delivered #pon partition in accordance with Article 51. 2n the partition of the properties' the con4#!al dwellin! and the lot on which it is sit#ated shall' #nless otherwise a!reed #pon b the parties' be ad4#dicated to the spo#se with who" the "a4orit of the co""on children choose to re"ain. Children below the a!e of seven ears are dee"ed to have chosen the "other' #nless the co#rt has decided otherwise. 2n case there is no s#ch "a4orit ' the co#rt shall decide' takin! into consideration the best interests of said children.

%n the inventory, there should be a separate listing of the conCugal and separate assets Art. 1-<. death' the li1#idated settle"ent Bpon the ter"ination of the "arria!e b con4#!al partnership propert shall be in the sa"e proceedin! for the of the estate of the deceased.

Karen Feliz G Supnad

UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

2f no 4#dicial settle"ent proceedin! is instit#ted' the s#rvivin! spo#se shall li1#idate the con4#!al partnership propert either 4#diciall or e,tra4#diciall within si, "onths fro" the death of the deceased spo#se. 2f #pon the lapse of the si,6"onth period no li1#idation is "ade' an disposition or enc#"brance involvin! the con4#!al partnership propert of the ter"inated "arria!e shall be void. /ho#ld the s#rvivin! spo#se contract a s#bse1#ent "arria!e witho#t co"pliance with the fore!oin! re1#ire"ents' a "andator re!i"e of co"plete separation of propert shall !overn the propert relations of the s#bse1#ent "arria!e. Art. 1-1. 7henever the li1#idation of the con4#!al partnership properties of two or "ore "arria!es contracted b the sa"e person before the effectivit of this Code is carried o#t si"#ltaneo#sl ' the respective capital' fr#its and inco"e of each partnership shall be deter"ined #pon s#ch proof as "a be considered accordin! to the r#les of evidence. 2n case of do#bt as to which partnership the e,istin! properties belon!' the sa"e shall be divided between the different partnerships in proportion to the capital and d#ration of each.

Art. 1-2. The R#les of Co#rt on the ad"inistration of estates of deceased persons shall be observed in the appraisal and sale of propert on the con4#!al partnership' and other "atters which are not e,pressl deter"ined in this Chapter. Applicable to li;uidation of the conCugal partnership are the rules on appraisal and sale of property under the *ules of /ourt as well as other pertinent rules on matters not covered by the @/ Art. 1--. ?ro" the co""on "ass of propert s#pport shall be !iven to the s#rvivin! spo#se and to the children d#rin! the li1#idation of the inventoried propert and #ntil what belon!s to the" is delivered+ b#t fro" this shall be ded#cted that a"o#nt received for s#pport which e,ceeds the fr#its or rents pertainin! to the". $he actual property remaining after li;uidation determines the assets of the /P CHAPTER 5. /eparation of Propert of the /po#ses and Ad"inistration of Co""on Propert = $ne /po#se .#rin! the >arria!e Art. 1-0. 2n the absence of an e,press

Karen Feliz G Supnad

92

UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

declaration in the "arria!e settle"ents' the separation of propert between spo#ses d#rin! the "arria!e shall not take place e,cept b 4#dicial order. /#ch 4#dicial separation of propert "a either be vol#ntar or for s#fficient ca#se. $his article is applicable where the property regime of the spouses is other than a complete separation of property Art. 1-5. An of the followin! shall be considered s#fficient ca#se for 4#dicial separation of propert ( @1A That the spo#se of the petitioner has been sentenced to a penalt which carries with it civil interdiction+ That the spo#se of the petitioner has been 4#diciall declared an absentee+ That loss of parental a#thorit of the spo#se of petitioner has been decreed b the co#rt+ That the spo#se of the petitioner has abandoned the latter or failed to co"pl with his or her obli!ations to the fa"il as provided for in Article 1<1+ 93

@5A

@3A

That the spo#se !ranted the power of ad"inistration in the "arria!e settle"ents has ab#sed that power+ and That at the ti"e of the petition' the spo#ses have been separated in fact for at least one ear and reconciliation is hi!hl i"probable.

2n the cases provided for in ;#"bers @1A' @2A and @-A' the presentation of the final 4#d!"ent a!ainst the !#ilt or absent spo#se shall be eno#!h basis for the !rant of the decree of 4#dicial separation of propert . Art. 1-3. The spo#ses "a 4ointl file a verified petition with the co#rt for the vol#ntar dissol#tion of the absol#te co""#nit or the con4#!al partnership of !ains' and for the separation of their co""on properties. All creditors of the absol#te co""#nit or of the con4#!al partnership of !ains' as well as the personal creditors of the spo#se' shall be listed in the petition and notified of the filin! thereof. The co#rt shall take "eas#res to protect the creditors and other persons with pec#niar interest.

@2A

@-A

@0A

Karen Feliz G Supnad

UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

Art. 1-5. $nce the separation of propert has been decreed' the absol#te co""#nit or the con4#!al partnership of !ains shall be li1#idated in confor"it with this Code. .#rin! the pendenc of the proceedin!s for separation of propert ' the absol#te co""#nit or the con4#!al partnership shall pa for the s#pport of the spo#ses and their children. Art. 1-8. After dissol#tion of the absol#te co""#nit or of the con4#!al partnership' the provisions on co"plete separation of propert shall appl . $here is an assumption here that after li;uidation, properties that respectively pertain to the spouses have already been determined Art. 1-:. The petition for separation of propert and the final 4#d!"ent !rantin! the sa"e shall be recorded in the proper local civil re!istries of propert . *ecordB o $he petition for separation of property o $he final Cudgment granting the same %nB
Karen Feliz G Supnad

o Local /ivil *egistry o *egistries of Property where properties are located Art. 10<. pre4#dice creditors. The separation of propert shall not the ri!hts previo#sl ac1#ired b

Art. 101. The spo#ses "a ' in the sa"e proceedin!s where separation of propert was decreed' file a "otion in co#rt for a decree revivin! the propert re!i"e that e,isted between the" before the separation of propert in an of the followin! instances( @1A @2A @-A 7hen the civil interdiction ter"inates+ 7hen the absentee spo#se reappears+ 7hen the co#rt' bein! satisfied that he spo#se !ranted the power of ad"inistration in the "arria!e settle"ents will not a!ain ab#se that power' a#thori&es the res#"ption of said ad"inistration+ 7hen the spo#se who has left the con4#!al ho"e witho#t a decree of le!al separation res#"es co""on life with the
UST Faculty of i!il La"

@0A

94

Persons and Family Relations

Atty. Jacqueline Lopez

@5A

@3A

@5A

other+ 7hen parental a#thorit is 4#diciall restored to the spo#se previo#sl deprived thereof+ 7hen the spo#ses who have separated in fact for at least one ear' reconcile and res#"e co""on life+ or 7hen after vol#ntar dissol#tion of the absol#te co""#nit of propert or con4#!al partnership has been 4#diciall decreed #pon the 4oint petition of the spo#ses' the a!ree to the revival of the for"er propert re!i"e. ;o vol#ntar separation of propert "a thereafter be !ranted. the for"er Article 35. propert

@-A

@0A

7hen one spo#se is sentences to a penalt which carries with it civil interdiction+ or 7hen one spo#se beco"es a f#!itive fro" 4#stice or is in hidin! as an acc#sed in a cri"inal case.

2f the other spo#se is not 1#alified b reason of inco"petence' conflict of interest' or an other 4#st ca#se' the co#rt shall appoint a s#itable person to be the ad"inistrator. $his article deals with administration by on espouse alone of the separate properties. CHAPTER 3. Re!i"e of /eparation of Propert

The revival of re!i"e shall be !overned b

Art. 102. The ad"inistration of all classes of e,cl#sive propert of either spo#se "a be transferred b the co#rt to the other spo#se( @1A @2A 7hen one spo#se beco"es the !#ardian of the other+ 7hen one spo#se is 4#diciall declared an absentee+ 95

Art. 10-. /ho#ld the f#t#re spo#ses a!ree in the "arria!e settle"ents that their propert relations d#rin! "arria!e shall be !overned b the re!i"e of separation of propert ' the provisions of this Chapter shall be s#ppletor . %f no marriage settlement was made, there can be separation of property during the marriage without Cudicial approval %f in the +! the future spouses agreed on the system of /!P, this cannot later on be converted during the marriage into the /P:2 but the /P:
UST Faculty of i!il La"

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

can be converted into the /!P provided there is Cudicial approval Art. 100. /eparation of propert "a refer to present or f#t#re propert or both. 2t "a be total or partial. 2n the latter case' the propert not a!reed #pon as separate shall pertain to the absol#te co""#nit . Art. 105. Each spo#se shall own' dispose of' possess' ad"inister and en4o his or her own separate estate' witho#t need of the consent of the other. To each spo#se shall belon! all earnin!s fro" his or her profession' b#siness or ind#str and all fr#its' nat#ral' ind#strial or civil' d#e or received d#rin! the "arria!e fro" his or her separate propert . Art. 103. =oth spo#ses shall bear the fa"il e,penses in proportion to their inco"e' or' in case of ins#fficienc or defa#lt thereof' to the c#rrent "arket val#e of their separate properties. The liabilit of the spo#ses to creditors e,penses shall' however' be solidar .

each spouse shall own, dispose of, possess, administer, and enCoy hi or her own separate estate and earnings without the consent of the other, with each spouse proportionately bearing the family expenses CHAPTER 5. >arria!e Propert Re!i"e of Bnions 7itho#t

Art. 105. 7hen a "an and a wo"an who are capacitated to "arr each other' live e,cl#sivel with each other as h#sband and wife witho#t the benefit of "arria!e or #nder a void "arria!e' their wa!es and salaries shall be owned b the" in e1#al shares and the propert ac1#ired b both of the" thro#!h their work or ind#str shall be !overned b the r#les on co6ownership. 2n the absence of proof to the contrar ' properties ac1#ired while the lived to!ether shall be pres#"ed to have been obtained b their 4oint efforts' work or ind#str ' and shall be owned b the in e1#al shares. ?or p#rposes of this Article' a part who did not participate in the ac1#isition b the other part of an propert shall be dee"ed to have contrib#ted 4ointl in the ac1#isition thereof if the for"ers efforts consisted in the care and "aintenance of the fa"il and of the ho#sehold. 96
UST Faculty of i!il La"

for fa"il

!ystem of !eparation of PropertyB o %t is that matrimonial property regime agreed upon in the +! by the future spouses whereby
Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

;either part can enc#"ber or dispose b acts inter vivos of his or her share in the propert ac1#ired d#rin! cohabitation and owned in co""on' witho#t the consent of the other' #ntil after the ter"ination of their cohabitation. 7hen onl one of the parties to a void "arria!e is in !ood faith' the share of the part in bad faith in the co6ownership shall be forfeited in favor of their co""on children. 2n case of defa#lt of or waiver b an or all of the co""on children or their descendants' each vacant share shall belon! to the respective s#rvivin! descendants. 2n the absence of descendants' s#ch share shall belon! to the innocent part . 2n all cases' the forfeit#re shall take place #pon ter"ination of the cohabitation. $his article applies only ifB o #oth must be capacitated to marry each other2 and o $here is no marriage, or the marriage is void Art. 108. 2n cases of cohabitation not fallin! #nder the precedin! Article' onl the properties ac1#ired b both of the parties thro#!h their act#al 4oint contrib#tion of "one ' propert ' or ind#str shall be owned b the" in co""on in
Karen Feliz G Supnad

proportion to their respective contrib#tions. 2n the absence of proof to the contrar ' their contrib#tions and correspondin! shares are pres#"ed to be e1#al. The sa"e r#le and pres#"ption shall appl to 4oint deposits of "one and evidences of credit. 2f one of the parties is validl "arried to another' his or her share in the co6ownership shall accr#e to the absol#te co""#nit or con4#!al partnership e,istin! in s#ch valid "arria!e. 2f the part who acted in bad faith is not validl "arried to another' his or her share shall be forfeited in the "anner provided in the last para!raph of the precedin! Article. The fore!oin! r#les on forfeit#re shall likewise appl even if both parties are in bad faith.

%itle '. %H& )$+IL,


CHAPTER 1. The ?a"il as an 2nstit#tion

Art. 10:. The fa"il ' bein! the fo#ndation of the nation' is a basic social instit#tion which p#blic polic cherishes and protects' Conse1#entl ' fa"il relations are !overned b law and no c#sto"' practice or a!ree"ent destr#ctive of the 97
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

fa"il

shall be reco!ni&ed or !iven effect. $he !tate recogniDes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. %t shall e;ually protect the life of the mother and the life of the unborn from conception. $he natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the :overnment. 8Art. %%, !ec. ), 5=? /onstitution9 This r#le shall not appl to cases which "a not be the s#b4ect of co"pro"ise #nder the Civil Code. $he trial court is re;uired to scrutiniDe a compromise agreement very carefully and with circumspection % order to prevent misunderstanding and controversy in its implementation CHAPTER 2. The ?a"il Ho"e

Art' 15<.

?a"il @1A @2A @-A

relations incl#de those( =etween h#sband and wife+ =etween parents and children+ A"on! brothers and sisters' whether of the f#ll or half6blood.

Art. 152. The fa"il ho"e' constit#ted 4ointl b the h#sband and wife or b an #n"arried head of a fa"il ' is the dwellin! ho#se where the and their fa"il reside' and the land on which it is sit#ated. Art. 15-. The fa"il ho"e is dee"ed constit#ted on a ho#se and lot fro" the ti"e it is occ#pied as a fa"il residence. ?ro" the ti"e of its constit#tion and so lon! as an of its beneficiaries act#all resides therein' the fa"il ho"e contin#es to be s#ch and is e,e"pt fro" e,ec#tion' forced sale or attach"ent e,cept as hereinafter provided and to the e,tent of the val#e allowed b law.

*elatives by affinity are not included Art. 151. ;o s#it between "e"bers of the sa"e fa"il shall prosper #nless it sho#ld appear fro" the verified co"plaint or petition that earnest efforts toward a co"pro"ise have been "ade' b#t that the sa"e have failed. 2f it is shown that no s#ch efforts were in fact "ade' the case "#st be dis"issed.
Karen Feliz G Supnad

98

UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

Art. 150.

The beneficiaries of a fa"il @1A

ho"e are(

@2A

The h#sband and wife' or an #n"arried person who is the head of the fa"il + and Their parents' ascendants' descendants' brothers and sisters' whether the relationship be le!iti"ate or ille!iti"ate' who are livin! in the fa"il ho"e and who depend #pon the head of the fa"il for le!al s#pport.

Art. 153. properties con4#!al properties consent. #n"arried propert .

The fa"il ho"e "#st be part of the of the absol#te co""#nit or the partnership' or of the e,cl#sive of either spo#se with the latters 2t "a also be constit#ted b an head of a fa"il on his or her own

;evertheless' propert that is the s#b4ect of a conditional sale on install"ents where ownership is reserved b the vendor onl to !#arantee pa "ent of the p#rchase price "a be constit#ted as a fa"il ho"e. Art. 155. The act#al val#e of the fa"il ho"e shall not e,ceed' at the ti"e of its constit#tion' the a"o#nt of three h#ndred tho#sand pesos in #rban areas' and two h#ndred tho#sand pesos in r#ral areas' or s#ch a"o#nts as "a hereafter be fi,ed b law. 2n an event' if the val#e of the c#rrenc chan!es after the adoption of this Code' the val#e "ost favorable for the constit#tion of a fa"il ho"e shall be the basis of eval#ation. ?or p#rposes of this Article' #rban areas are dee"ed to incl#de chartered cities and "#nicipalities whose ann#al inco"e at least 99
UST Faculty of i!il La"

Art. 155. The fa"il ho"e shall be e,e"pt fro" e,ec#tion' forced sale or attach"ent e,cept( @1A @2A @-A ?or nonpa "ent of ta,es+ ?or debts inc#rred prior to the constit#tion of the fa"il ho"e+ ?or debts sec#red b "ort!a!es on the pre"ises before or after s#ch constit#tion+ and ?or debts d#e to laborers' "echanics' architects' b#ilders' "aterial"en and others who have rendered service or f#rnished "aterial for the constr#ction of the b#ildin!.

@0A

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

e1#als that le!all re1#ired for chartered cities. All others are dee"ed to be r#ral areas. Art. 158. The fa"il ho"e "a be sold' alienated' donated' assi!ned or enc#"bered b the owner or owners thereof with the written consent of the person constit#tin! the sa"e' the latter s spo#se' and a "a4orit of the beneficiaries of le!al a!e. 2n case of conflict' the co#rt shall decide. Art. 15:. The fa"il ho"e shall contin#e despite the death of one or both spo#ses or of the #n"arried head of the fa"il for a period of ten ears or for as lon! as there is a "inor beneficiar ' and the heirs cannot partition the sa"e #nless the co#rt finds co"pellin! reasons therefore. This r#le shall appl re!ardless of whoever owns the propert or constit#ted the fa"il ho"e. Art. 13<. 7hen a creditor whose clai" is not a"on! those "entioned in Article 155 obtains a 4#d!"ent in his favor' and he has reasonable !ro#nds to believe that the fa"il ho"e is act#all worth "ore than the "a,i"#" a"o#nt fi,ed in Article 155' he "a appl to the co#rt which rendered the 4#d!"ent for an order directin! the sale of the propert #nder e,ec#tion.
Karen Feliz G Supnad

The co#rt shall so order if it finds that the act#al val#e of the fa"il ho"e e,ceeds the "a,i"#" a"o#nt allowed b law as of the ti"e of its constit#tion. 2f the increased act#al val#e e,ceeds the "a,i"#" allowed in Article 155 and res#lts fro" s#bse1#ent vol#ntar i"prove"ents introd#ced b the person or persons constit#tin! the fa"il ho"e' b the owner or owners of the propert ' or b an of the beneficiaries' the sa"e r#le and proced#re shall appl . At the e,ec#tion sale' no bid below the val#e allowed for a fa"il ho"e shall be considered. The proceeds shall be applied first to the a"o#nt "entioned in Article 155' and then to the liabilities #nder the 4#d!"ent and the costs' The e,cess' if an ' shall be delivered to the 4#d!"ent debtor. Art. 131. ?or p#rposes of availin! of the benefits of a fa"il ho"e as provided for in this Chapter' a persons "a constit#te or be the beneficiar of' onl one fa"il ho"e. Art. 132. The provisions in this Chapter shall also !overn e,istin! fa"il residences insofar as said provisions are applicable.

%itle I. $%&R*I%, $*D )ILI$%I(*


100
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

CHAPTER 2. Le!iti"ate Children Art. 13-. The filiation of children "a be b nat#re or b adoption. ;at#ral filiation "a be le!iti"ate or ille!iti"ate. Paternity or maternity /ivil status relationship of the father or mother to the child @iliation /ivil status relationship of the child to the father or mother $he @/ governs paternity and filiation and shall have retroactive effect insofar as it does not preCudice or impair vested or ac;uired rights (hile paternity must be Cudicially proved, filiation may be established by holographic as well as natural wills Art. 130. Children conceived or born d#rin! the "arria!e of the parents are le!iti"ate. Children conceived as a res#lt of artificial inse"ination of the wife with the sper" of the h#sband or that of a donor or both are likewise le!iti"ate children of the h#sband and his wife' provided' that both of the" a#thori&ed or ratified s#ch inse"ination in a written instr#"ent e,ec#ted and si!ned b the" before the birth of
Karen Feliz G Supnad

the child. The instr#"ent shall be recorded in the civil re!istr to!ether with the birth certificate of the child. *e;uirements for a test tube baby to legitimateB o AuthoriDed or ratified such insemination o %n a written instrument o 'xecuted and signed by parents before the birth of the child Artificial insemination is a medical procedure by which the semen is introduced into the vagina by means other than copulation for the purpose of protection Art. 135. Children conceived and born o#tside a valid "arria!e are ille!iti"ate' #nless otherwise provided in this Code. Art. 133. Le!iti"ac of a child "a onl on the followin! !ro#nds( @1A be i"p#!ned be

That it was ph sicall i"possible for the h#sband to have se,#al interco#rse with his wife within the first 12< da s of the -<< da s which i""ediatel preceded the birth of the child beca#se of( a. The ph sical incapacit of the
UST Faculty of i!il La"

101

Persons and Family Relations

Atty. Jacqueline Lopez

@2A

@-A

h#sband to have se,#al interco#rse with his wife+ b. The fact that the h#sband and wife were livin! separatel in s#ch a wa that se,#al interco#rse was not possible+ or c. /erio#s illness of the h#sband' which absol#tel prevented se,#al interco#rse+ That it is proved that for biolo!ical or other scientific reasons' the child co#ld not have been that of the h#sband' e,cept in the instance provided in the second para!raph of Article 130+ or That in case of children conceived thro#!h artificial inse"ination' the written a#thori&ation or ratification of either parent was obtained thro#!h "istake' fra#d' violence' inti"idation' or #nd#e infl#ence.

.n the other hand, if the child was conceived on the st day of the )> days, it must have has an intrauterine existence of 6>> days or > months, which may be the maximum duration of its existence in the maternal womb

Art. 135. The child shall be considered le!iti"ate altho#!h the "other "a have declared a!ainst its le!iti"ac or "a have been sentenced as an ad#lteress. Art. 138. 2f the "arria!e is ter"inated and the "other contracted another "arria!e within three h#ndred da s after s#ch ter"ination of the for"er "arria!e' these r#les shall !overn in the absence of proof to the contrar ( @1A A child born before one h#ndred ei!ht da s after the sole"ni&ation of the s#bse1#ent "arria!e is considered to have been conceived d#rin! the for"er "arria!e' provided it be born within three h#ndred da s after the ter"ination of the for"er "arria!e+ A child born after one h#ndred ei!ht da s followin! the
UST Faculty of i!il La"

*eason for the )> days of the 6>> days which immediately preceded the birth of the childB o 6>> )> J => or A months, which may be at the earliest, the intrauterine life of the child.
Karen Feliz G Supnad

@2A

102

Persons and Family Relations

Atty. Jacqueline Lopez

celebration of the s#bse1#ent "arria!e is considered to have been conceived d#rin! s#ch "arria!e' even tho#!h it be born within the three h#ndred da s after the ter"ination of the for"er "arria!e. *e;uisites for the child to be child of the first marriageB o $he child must have been born within 6>> days after the termination of the first marriage2 and o !aid child must have been born within 8or before the end of9 => days after solemniDation of the second marriage the

Art. 15<. The action to i"p#!n the le!iti"ac of the child shall be bro#!ht within one ear fro" the knowled!e of the birth or its recordin! in the civil re!ister' if the h#sband or' in a proper case' an of his heirs' sho#ld reside in the cit or "#nicipalit where the birth took place or was recorded. 2f the h#sband or' in his defa#lt' all of his heirs do not reside at the place of birth as defined in the first para!raph or where it was recorded' the period' the period shall be two ears if the sho#ld reside in the Philippines+ and three ears if abroad. 2f the birth of the child has been concealed fro" or was #nknown to the h#sband or his heirs' the period shall be co#nted fro" the discover or knowled!e of the birth of the child or of the fact of re!istration of said birth' whichever is earlier. $he rec3oning point is the 3nowledge of the birth of the child .* the recording of its birth in the civil registry $his art. is not applicable to an action to claim inheritance as legal heirs of the deceased Art. 151. The heirs of the h#sband "a i"p#!n the filiation of the child within the period 103
UST Faculty of i!il La"

Art. 13:. The le!iti"ac or ille!iti"ac of a child born after three h#ndred da s followin! the ter"ination of the "arria!e shall be proved b whoever alle!es s#ch le!iti"ac or ille!iti"ac . @ollowing the termination of the marriage, no presumptive rule exists with respect to a child born after 6>> days $his article may be considered as an exception to the rule set forth in Art. A< that children conceived or born during the marriage of the parents are legitimate
Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

described in the precedin! article onl followin! cases( @1A

in the

evidence' the le!iti"ate filiation shall be proved b ( @1A The open and contin#o#s possession of the stat#s of a le!iti"ate child+ or An other "eans allowed b the R#les of Co#rt and special laws.

@2A

@-A

2f the h#sband sho#ld die before the e,piration of the period fi,ed for brin!in! his action+ 2f he sho#ld die after the filin! of the co"plaint witho#t havin! desisted therefro"+ or 2f the child was born after the death of the h#sband.

@2A

EH'%*!F includes testamentary, voluntary, compulsory, or legal heirs CHAPTER 2. Proof of ?iliation

Art. 152. The filiation of le!iti"ate children is established b an of the followin!( @1A The record of birth appearin! in the civil re!ister or a final 4#d!"ent+ or An ad"ission of le!iti"ate filiation in a p#blic doc#"ent or a private handwritten instr#"ent and si!ned b the parent concerned. the absence of the fore!oin! 104

@iliation is the Cudicial determination of paternity A filiation proceeding is a special statutory proceeding, criminal in form, but in the nature of a civil action to enforce a civil obligation or duty specifically for the purpose of establishing parentage and the putative fatherGs duty to support his illegitimate child ,ocumentary evidence not included as evidence in proof of filiationB o Photographs o Letters o #irth /ertificates not signed by the alleged father o #aptismal /ertificates which are evidence

@2A

2n
Karen Feliz G Supnad

only to prove the administration of the sacraments on the dates therein specified +eans allowed by the *ules of /ourtB o An act or declaration concerning pedigree o @amily reputation or tradition concerning

UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

pedigree o /ommon reputation respecting pedigree o 0udicial admission o Admissions of a party o Admission by silence o .ral evidence may be admitted if the needed document cannot be presented E/ontinuousF does not mean that the possession of status shall continue forever but only that it shall not be of an intermittent character while it continues Art. 15-. The action to clai" le!iti"ac "a be bro#!ht b the child d#rin! his or her lifeti"e and shall be trans"itted to the heirs sho#ld the child d#e d#rin! "inorit or in a state of insanit . 2n these cases' the heirs shall have a period of five ears within which to instit#te the action. The action alread co""enced b the child shall s#rvive notwithstandin! the death of either or both of the parties. Art. 150. Le!iti"ate children shall have the ri!ht( @1A To bear the s#rna"es of the father and the "other' in confor"it with the provisions of the Civil Code on /#rna"es+ 105

@2A

@-A

To receive s#pport fro" their parents' their ascendants' and in proper cases' their brothers and sisters' in confor"it with the provisions of this Code on /#pport+ and To be entitled to the le!iti"e and other s#ccessional ri!hts !ranted to the" b the Civil Code.

!"PP.*$ o /annot be renounced or transmitted to a 6 rd person o /annot be compensated o 'verything that is indispensable for sustenance, dwelling, clothing, and medical attendance, according to the social position of the family Also includes education L':%$%+' of a legitimate childB o HAL@ of the parentGs estate Number of children o +ust always be given CHAPTER -. 2lle!iti"ate Children

Art. 155. 2lle!iti"ate children "a establish their ille!iti"ate filiation in the sa"e wa and on the sa"e evidence as le!iti"ate children.
UST Faculty of i!il La"

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

The action "#st be bro#!ht within the sa"e period specified in Article 15-' e,cept when the action is based on the second para!raph of Article 152' in which case the action "a be bro#!ht d#rin! the lifeti"e of the alle!ed parent. Art. 153. 2lle!iti"ate children shall #se the s#rna"e and shall be #nder the parental a#thorit of their "other' and shall be entitled to s#pport in confor"it with this Code. The le!iti"e of each ille!iti"ate child shall consist of one6half of the le!iti"e of a le!iti"ate child. CHAPTER 0. Le!iti"ated Children

o A

subse;uent

valid

marriage

between

the

parents Art. 158. Le!iti"ation shall take place b a s#bse1#ent valid "arria!e between parents. The ann#l"ent of a voidable "arria!e shall not affect the le!iti"ation. Art. 15:. Le!iti"ated children shall sa"e ri!hts as le!iti"ate children. en4o the

Art. 18<. The effects of le!iti"ation retroact to the ti"e of the childs birth.

shall

Art. 155. $nl children conceived and born o#tside of wedlock of parents who' at the ti"e of the conception of the for"er' were not dis1#alified b an i"pedi"ent to "arr each other "a be le!iti"ated. L':%$%+A$', /H%L, an illegitimate child who is given the rights of a legitimate child providedB o He was conceived and born outside wedloc3 of parents who A$ $H' $%+' .@ $H' /.N/'P$%.N .@ $H' /H%L,, were not dis;ualified by any impediment to marry each other
Karen Feliz G Supnad

Art. 181. The le!iti"ation of children who died before the celebration of the "arria!e shall benefit their descendants. Art. 182. Le!iti"ation "a be i"p#!ned onl b those who are pre4#diced in their ri!hts' within five ears fro" the ti"e their ca#se of action accr#es.

%H& %I%L& (* $D( %I(* I* %H& )$+IL, C(D& L$:S?

H$S $LR&$D, 3&&* $+&*D&D 3, S &CI$L

106

UST Faculty of i!il La"

Persons and Family Relations

R$ 1##2 <Domestic $doption $ct of 1//1= )e5ruar8 2#0 1//1

Section 7. %ho &ay #dopt. < he following may adopt: (a) 3ny .ilipino citi>en of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for children, at least si5teen (")) years older than the adoptee, and who is in a position to support and care for his=her children in !eeping with the means of the family. he requirement of si5teen (")) year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee%s parent# (b) 3ny alien possessing the same qualifications as above stated for .ilipino nationals: 4rovided, hat his=her country has diplomatic relations with the ;epublic of the 4hilippines, that he=she has been living in the 4hilippines for at least three (&) continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered, that he=she has been certified by his=her diplomatic or consular office or any appropriate government agency that he=she has the legal capacity to adopt in his=her country, and that his=her government allows the adoptee to enter his=her country as his=her adopted son=daughter: 4rovided, .urther, hat the requirements on residency and certification of the alien%s qualification to adopt in his=her country may be waived for the following: (i) a former .ilipino citi>en who see!s to adopt a relative within the fourth ('th) degree of consanguinity or affinity# or (ii) one who see!s to adopt the legitimate son=daughter of his=her .ilipino spouse# or (iii) one who is married to a .ilipino citi>en and see!s to adopt jointly with his=her spouse a relative within the fourth ('th) degree of consanguinity or affinity of the .ilipino spouse# or (c) he guardian with respect to the ward after the termination of the guardianship and clearance of his=her financial accountabilities. ?usband and wife shall jointly adopt, e5cept in the following cases: (i) if one spouse see!s to adopt the legitimate son=daughter of the other# or (ii) if one spouse see!s to adopt his=her own illegitimate son=daughter: 4rovided, ?owever, that the other spouse has signified his=her consent thereto# or (iii) if the spouses are legally separated from each other. In case husband and wife jointly adopt, or one spouse adopts the illegitimate son=daughter of the other, joint parental authority shall be e5ercised by the spouses. Section ". %ho &ay 'e #dopted. < he following may be adopted: (a) 3ny person below eighteen ("+) years of age who has been administratively or judicially declared available for adoption# (b) he legitimate son=daughter of one spouse by the other spouse# (c) 3n illegitimate son=daughter by a qualified adopter to improve his=her status to that of legitimacy# (d) 3 person of legal age if, prior to the adoption, said person has been consistently

Atty. Jacqueline Lopez considered and treated by the adopter(s) as his=her own child since minority# (e) 3 child whose adoption has been previously rescinded# or (f) 3 child whose biological or adoptive parent(s) has died: 4rovided, hat no proceedings shall be initiated within si5 ()) months from the time of death of said parent(s). Section (. %hose Consent is )ecessary to the #doption . < 3fter being properly counseled and informed of his=her right to give or withhold his=her approval of the adoption, the written consent of the following to the adoption is hereby required: (a) he adoptee, if ten ("-) years of age or over# (b) he biological parent(s) of the child, if !nown, or the legal guardian, or the proper government instrumentality which has legal custody of the child# (c) he legitimate and adopted sons=daughters, ten ("-) years of age or over, of the adopter(s) and adoptee, if any# (d) he illegitimate sons=daughters, ten ("-) years of age or over, of the adopter if living with said adopter and the latter%s spouse, if any# and (e) he spouse, if any, of the person adopting or to be adopted. Section **. Case Study. < @o petition for adoption shall be set for hearing unless a licensed social wor!er of the 7epartment, the social service office of the local government unit, or any child-placing or child-caring agency has made a case study of the adoptee, his=her biological parent(s), as well as the adopter(s), and has submitted the report and recommendations on the matter to the court hearing such petition. 3t the time of preparation of the adoptee%s case study, the concerned social wor!er shall confirm with the /ivil ;egistry the real identity and registered name of the adoptee. If the birth of the adoptee was not registered with the /ivil ;egistry, it shall be the responsibility of the concerned social wor!er to ensure that the adoptee is registered. he case study on the adoptee shall establish that he=she is legally available for adoption and that the documents to support this fact are valid and authentic. .urther, the case study of the adopter(s) shall ascertain his=her genuine intentions and that the adoption is in the best interest of the child. he 7epartment shall intervene on behalf of the adoptee if it finds, after the conduct of the case studies, that the petition should be denied. he case studies and other relevant documents and records pertaining to the adoptee and the adoption shall be preserved by the 7epartment. Section *2. Super+ised ,rial Custody . < @o petition for adoption shall be finally granted until the adopter(s) has been given by the court a supervised trial custody period for at least si5 ()) months within which the parties are e5pected to adjust psychologically and emotionally to each other and establish a bonding relationship. 7uring said period, temporary parental authority shall be vested in the adopter(s). he court may motu proprio or upon motion of any party reduce the trial period if it finds the same to be in the best interest of the adoptee, stating the reasons for the reduction of the period. ?owever, for alien adopter(s), he=she must complete the si5 ())-month trial custody e5cept for those enumerated in 0ec. * (b) (i) (ii) (iii). If the child is below seven (*) years of age and is placed with the prospective adopter(s) through a pre-adoption placement authority issued by the 7epartment, the prospective adopter(s) shall enjoy all the benefits to which biological parent(s) is entitled from the date the adoptee is placed with the prospective adopter(s). Section *". Succession . < In legal and intestate succession, the adopter(s) and

Karen Feliz G Supnad

107

UST Faculty of i!il La"

Persons and Family Relations the adoptee shall have reciprocal rights of succession without distinction from legitimate filiation. ?owever, if the adoptee and his=her biological parent(s) had left a will, the law on testamentary succession shall govern. Section *(. -rounds or Rescission o #doption. < Apon petition of the adoptee, with the assistance of the 7epartment if a minor or if over eighteen ("+) years of age but is incapacitated, as guardian=counsel, the adoption may be rescinded on any of the following grounds committed by the adopter(s): (a) repeated physical and verbal maltreatment by the adopter(s) despite having undergone counseling# (b) attempt on the life of the adoptee# (c) se5ual assault or violence# or (d) abandonment and failure to comply with parental obligations. 3doption, being in the best interest of the child, shall not be subject to rescission by the adopter(s). ?owever, the adopter(s) may disinherit the adoptee for causes provided in 3rticle ,", of the /ivil /ode. Section 2.. / ects o Rescission . < If the petition is granted, the parental authority of the adoptee%s biological parent(s), if !nown, or the legal custody of the 7epartment shall be restored if the adoptee is still a minor or incapacitated. he reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be e5tinguished. he court shall order the /ivil ;egistrar to cancel the amended certificate of birth of the adoptee and restore his=her original birth certificate. 0uccession rights shall revert to its status prior to adoption, but only as of the date of judgment of judicial rescission. Bested rights acquired prior to judicial rescission shall be respected. 3ll the foregoing effects of rescission of adoption shall be without prejudice to the penalties imposable under the 4enal /ode if the criminal acts are properly proven.

Atty. Jacqueline Lopez committed to the 7epartment, in accordance with the /hild and Douth Celfare /ode. g) h) Matching refers to the judicious pairing of the adoptive child and the applicant to promote a mutually satisfying parent-child relationship. Board refers to the Inter-country 3doption 6oard.

S/C. 7. Inter-Country Adoption as the Last Resort .- he 6oard shall ensure that all possibilities for adoption of the child under the .amily /ode have been e5hausted and that inter-country adoption is in the best interest of the child. owards this end, the 6oard shall set up the guidelines to ensure that steps will be ta!en to place the child in the 4hilippines before the child is placed for inter-country adoption: Provided, ho ever, hat the ma5imum number that may be allowed for foreign adoption shall not e5ceed si5 hundred ()--) a year for the first five (() years. S/C. ". Who May be Adopted.- 9nly a legally free child may be the subject of inter-country adoption. In order that such child may be considered for placement, the following documents must be submitted to the 6oard: a) b) c) d) e) f) /hild study# 6irth certificate=founding certificate# 7eed of voluntary commitment=decree of abandonment=death certificate of parents# Eedical evaluation=history# 4sychological evaluation, as necessary# and ;ecent photo of the child.

R$ 12"3 <Intercountr8 $doption $ct of 1//4=


S/C. 3. Definition of Terms.- 3s used in this 3ct, the term: a) Inter-country adoption refers to the socio-legal process of adopting a .ilipino child by a foreigner or a .ilipino citi>en permanently residing abroad where the petition is field, the supervised trial custody is underta!en, and the decree of adoption is issued outside the 4hilippines. Child means a person below fifteen ("() years of age unless sooner emancipated by law.

S/C. (. Who May Adopt.- 3ny alien or a .ilipino citi>en permanently residing abroad may file an application for inter-country adoption of a .ilipino child if he=she# a) is at least twenty-seven ($*) years of age and at least si5teen (")) years older than the child to be adopted, at the time of application unless the adaptor is the parent by nature of the child to be adopted or the spouse of such parent# if married, his=her spouse must jointly file for the adoption# has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the appropriate counselling from an accredited counsellor in his=her country# has not been convicted of a crime involving moral turpitude# is eligible to adopt under his=her nation law# is in a position to provide the proper care and support and to give the necessary moral values and e5ample to all his children, including the child to be adopted# UST Faculty of i!il La"

b)

c) Department refers to the 7epartment of 0ocial Celfare and 7evelopment of the ;epublic of the 4hilippines. d) e) Secretary refers to the 0ecretary of the 7epartment of 0ocial Celfare and 7evelopment. Authorized and accredited agency refers to the 0tate welfare agency or a licensed adoption agency in the country of the adopting parents which provide comprehensive social services and which is duly recogni>ed by the 7epartment. Legally-free child means a child who has been voluntarily or involuntarily

b) c)

d) e) f)

f)

Karen Feliz G Supnad

108

Persons and Family Relations g) agrees to uphold the basic rights of the child as embodied under 4hilippine laws, the A.@. /onvention on the ;ights of the /hild, and to abide by the rules and regulations issued to implement the provisions of this 3ct# h) comes from a country with whom the 4hilippines has diplomatic relations and whose government maintains a similarly authori>ed and accredited agency and that adoption is allowed under his=her national laws# and possesses all the qualifications and none of the disqualifications provided herein and in other applicable 4hilippine laws.

Atty. Jacqueline Lopez

Natural or the bare necessities /ivil or those in accordance financial standing o As to source of obligationsB

with

i)

S/C. *.. Where to File Application.- 3n application to adopt a .ilipino child shall be field either with the 4hilippine ;egional rial /ourt having jurisdiction over the child, or with the 6oard, through an intermediate agency, whether governmental or an authori>ed and accredited agency, in the country of the prospective adoptive parents, which application shall be in accordance with the requirements as set forth in the implementing rules and regulations to be promulgated by the 6oard.

Legal or from provision of law &oluntary or from agreement of provision of will o !pecial 3indB Alimony pendent lite or pending litigation

%itle 'III. S>

(R%

Art. 1:0. /#pport co"prises ever thin! indispensable for s#stenance' dwellin!' clothin!' "edical attendance' ed#cation and transportation' in keepin! with the financial capacit of the fa"il . The ed#cation of the person entitled to be s#pported referred to in the precedin! para!raph shall incl#de his schoolin! or trainin! for so"e profession' trade or vocation' even be ond the a!e of "a4orit . Transportation shall incl#de e,penses in !oin! to and fro" school' or to and fro" place of work. Linds of supportB o As to amountB
Karen Feliz G Supnad

Art. 1:5. /#b4ect to the provisions of the s#cceedin! articles' the followin! are obli!ed to s#pport each other to the whole e,tent set forth in the precedin! article( @1A @2A @-A The spo#ses+ Le!iti"ate ascendants and descendants+ Parents and their le!iti"ate children and the le!iti"ate and ille!iti"ate children of the latter+ Parents and their ille!iti"ate children and the le!iti"ate and ille!iti"ate children of the latter+ and Le!iti"ate brothers and sisters' whether of f#ll or half6blood.

@0A

@5A

#asis of supportB @A+%L1 *'LA$%.N!H%P 109


UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

Art. 1:3. =rothers and sisters not le!iti"atel related' whether of the f#ll or half6blood' are likewise bo#nd to s#pport each other to the f#ll e,tent set forth in Article 1:0' e,cept onl when the need for s#pport of the brother or sister' bein! of a!e' is d#e to a ca#se i"p#table to the clai"ant s fa#lt or ne!li!ence. $his article applies only when the siblings are N.$ legitimately related o %f they re legitimately related, par. 7 of Art. 57 will apply

declaration of n#llit of "arria!e' the spo#ses and their children shall be s#pported fro" the properties of the absol#te co""#nit or the con4#!al partnership. After the final 4#d!"ent !rantin! the petition' the obli!ation of "#t#al s#pport between the spo#ses ceases. However' in case of le!al separation' the co#rt "a order that the !#ilt spo#se shall !ive s#ppose to the innocent one' specif in! the ter"s of s#ch order. Art. 1::. 7henever two or "ore persons are obli!ed to !ive s#pport' the liabilit shall devolve #pon the followin! persons in the order herein provided( @1A @2A @-A @0A The spo#se+ The descendants in the nearest de!ree+ The ascendants in the nearest de!ree+ and The brothers and sisters.

Art. 1:5. ?or the s#pport of le!iti"ate ascendants+ descendants' whether le!iti"ate or ille!iti"ate+ and brother and sisters' whether le!iti"atel or ille!iti"atel related' onl the separate propert of the person obli!ed to !ive s#pport shall be answerable provided that in case the obli!or has no separate propert ' the absol#te co""#nit or the con4#!al partnership' if financiall capable' shall advance the s#pport' which shall be ded#cted fro" the share of the spo#se obli!ed #pon the li1#idation of the absol#te co""#nit or of the con4#!al partnership. Art. 1:8. .#rin! the proceedin!s for le!al separation or for ann#l"ent of "arria!e' and for
Karen Feliz G Supnad

Art. 2<<. 7hen the obli!ation to !ive s#pport falls #pon two or "ore persons' the pa "ent of the sa"e shall be divided between the" in proportion to the reso#rces of each. However' in case of #r!ent need and special circ#"stances' the 4#d!e "a order
UST Faculty of i!il La"

b 110

Persons and Family Relations

Atty. Jacqueline Lopez

onl one of the" to f#rnish the s#pport provisionall ' witho#t pre4#dice to his ri!ht to clai" fro" the other obli!ors the share d#e fro" the". 7hen two or "ore recipients at the sa"e ti"e clai" s#pport fro" one and the sa"e persons le!all obli!ed to !ive it' sho#ld the latter not have s#fficient "eans to satisf all clai"s' the order established in the precedin! article shall be followed' #nless the conc#rrent obli!ees sho#ld be the spo#se and a child s#b4ect to parental a#thorit ' in which case the child shall be preferred. Art. 2<1. The a"o#nt of s#pport' in the cases referred to in Articles 1:5 and 1:3' shall be in proportion to the reso#rces or "eans of the !iver and to the necessities of the recipient. Art. 2<2. /#pport in the cases referred to in the precedin! article shall be red#ced or increased proportionatel ' accordin! to the red#ction or increase of the necessities of the recipient and the reso#rces or "eans of the person obli!ed to f#rnish the sa"e. Art. 2<-. The obli!ation to !ive s#pport shall be de"andable fro" the ti"e the person who has a
Karen Feliz G Supnad

ri!ht to receive the sa"e needs it for "aintenance' b#t it shall not be paid e,cept fro" the date of 4#dicial or e,tra4#dicial de"and. /#pport pendent lite "a be clai"ed in accordance with the R#les of Co#rt. Pa "ent shall be "ade within the first five da s of each correspondin! "onth' or when the recipient dies' his heirs shall not be obli!ed to ret#rn what he has received in advance. Art. 2<0. The person obli!ed to !ive s#pport shall have the option to f#lfill the obli!ation either b pa in! the allowance fi,ed' or b receivin! and "aintainin! in the fa"il dwellin! the person who has a ri!ht to receive s#pport. The latter alternative cannot be availed of in case there is a "oral or le!al obstacle thereto. Art. 2<5. The ri!ht to receive s#pport #nder this Title as well as an "one or propert obtained as s#ch s#pport shall not be levied #pon an attach"ent or e,ec#tion. Art. 2<3. 7hen' witho#t the knowled!e of the person obli!ed to !ive s#pport' it is !iven b a stran!er' the latter shall have a ri!ht to clai" the sa"e fro" the for"er' #nless it appears that he 111
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

!ave it witho#t intention of bein! rei"b#rsed. Art. 2<5. 7hen the person obli!ed to !ive s#pport another #n4#stl ref#ses or fails to !ive s#pport when #r!entl needed b the latter' an third person "a f#rnish s#pport to the need individ#al' with ri!ht of rei"b#rse"ent fro" the person obli!ed to !ive s#pport. This Article shall partic#larl appl when the father or "other of a child #nder the a!e of "a4orit #n4#stl ref#ses to s#pport or fails to !ive s#pport to the child when #r!entl needed. Art. 2<8. 2n case of contract#al s#pport or that !iven b will' the e,cess in a"o#nt be ond that re1#ired for le!al s#pport shall be s#b4ect to lev on attach"ent or e,ec#tion. ?#rther"ore' contract#al s#pport shall be s#b4ect to ad4#st"ent whenever "odification is necessar d#e to chan!es in circ#"stances "anifestl be ond the conte"plation of the parties.

of parents over the person and propert of their Bne"ancipated children' parental a#thorit and responsibilit shall incl#de the carin! for and rearin! of s#ch children for civic conscio#sness and efficienc and the develop"ent of their "oral' "ental and ph sical character and well6bein!. PA*'N$AL A"$H.*%$1 or PA$*%A P.$'!$A! o $he sum total of the right of parents over the persons and property of their children o $rue parental authority is necessarily intelligent and morally upright o Has for its purpose not only the sound

physical development of the children, but also the cultivation of their intellectual perception, and the nourishment of their appetitive and sensitive faculties Art. 21<. Parental a#thorit and responsibilit "a not be reno#nced or transferred e,cept in the cases a#thori&ed b law. :*B PA cannot be waived o 'xB /ourt approved guardianship Adoption 'mancipation by concession !urrender of child to orphan asylum

%itle I@. $R&*%$L $>%H(RI%,


CHAPTER 1. %eneral Provisions Art. 2<:. P#rs#ant to the nat#ral ri!ht and d#t 112

Karen Feliz G Supnad

UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

Art. 211. The father and the "other shall 4ointl e,ercise parental a#thorit over the persons of their co""on children. 2n case of disa!ree"ent' the father s decision shall prevail' #nless there is a 4#dicial order to the contrar . Children shall alwa s observe respect and reverence towards their parents and are obli!ed to obe the" as lon! as the children are #nder parental a#thorit . Art. 212. 2n case of absence or death of either parent' the parent preset shall contin#e e,ercisin! parental a#thorit . The re"arria!e of the s#rvivin! parent shall not affect the parental a#thorit over the children' #nless the co#rt appoints another person to be the !#ardian of the person or propert of the children. Art. 21-. 2n case of separation of the parents' parental a#thorit shall be e,ercised b the parent desi!nated b the Co#rt. The Co#rt shall take into acco#nt all relevant considerations' especiall the choice of the child over seven ears of a!e' #nless the parent chosen is #nfit. ;o child #nder seven ears of a!e shall be separated fro" the "other' #nless the co#rt finds co"pellin! reasons to order otherwise.
Karen Feliz G Supnad

$'N,'* A:' P*'!"+P$%.N Art. 210. 2n case of death' absence or #ns#itabilit of the parents' s#bstit#te parental a#thorit shall be e,ercised b the s#rvivin! !randparent. 2n case several s#rvive' the one desi!nated b the co#rt' takin! into acco#nt the sa"e consideration "entioned in the precedin! article' shall e,ercise the a#thorit . Art' 215. ;o descendant shall be co"pelled' in a cri"inal case' to testif a!ainst his parents and !randparents' e,cept when s#ch testi"on is indispensable in a cri"e a!ainst the descendant or b one parent a!ainst the other. CHAPTER 2. A#thorit /#bstit#te and /pecial Parental

Art. 213. 2n defa#lt of parents or a 4#diciall appointed !#ardian' the followin! persons shall e,ercise s#bstit#te parental a#thorit over the child in the order indicated( @1A @2A The s#rvivin! !randparent' as provided in Art. 210+ The oldest brother or sister' over twent 6one ears of a!e' #nless
UST Faculty of i!il La"

113

Persons and Family Relations

Atty. Jacqueline Lopez

@-A

#nfit or dis1#alified+ and The child s act#al c#stodian' over twent 6one ears of a!e' #nless #nfit or dis1#alified.

7henever the appoint"ent of a 4#dicial !#ardian over the propert of the child beco"es necessar ' the sa"e order of preference shall be observed. Art. 215. 2n case of fo#ndlin!s' abandoned' ne!lected or ab#sed children and other children si"ilarl sit#ated' parental a#thorit shall be entr#sted in s#""ar 4#dicial proceedin!s to heads of childrens ho"es' orphana!es and si"ilar instit#tions d#l accredited b the proper !overn"ent a!enc . Art. 218. The school' its ad"inistrators and teachers' or the individ#al' entit or instit#tion en!a!ed in child care shall have special parental a#thorit and responsibilit over the "inor child while #nder their s#pervision' instr#ction or c#stod . A#thorit and responsibilit shall appl to all a#thori&ed activities whether inside or o#tside the pre"ises of the school' entit or instit#tion.
Karen Feliz G Supnad

Art. 12:. Those !iven the a#thorit and responsibilit #nder the precedin! Article shall be principall and solidaril liable for da"a!es ca#sed b the acts or o"issions of the #ne"ancipated "inor. The parents' 4#dicial !#ardians or the persons e,ercisin! s#bstit#te parental a#thorit over said "inor shall be s#bsidiaril liable. The respective liabilities of those referred to in the precedin! para!raph shall not appl if it is proved that the e,ercised the proper dili!ence re1#ired #nder the partic#lar circ#"stances. All other cases not covered b this and the precedin! articles shall be !overned b the provisions of the Civil Code on 1#asi6delicts. CHAPTER -. Effect of Parental A#thorit the Persons of the Children Bpon

Art. 22<. The parents and those e,ercisin! parental a#thorit shall have with the respect to their #ne"ancipated children on wards the followin! ri!hts and d#ties( @1A To keep the" in their co"pan ' to 114
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

s#pport' ed#cate and instr#ct the" b ri!ht precept and !ood e,a"ple' and to provide for their #pbrin!in! in keepin! with their "eans+ @2A To !ive the" love and affection' advice and co#nsel' co"panionship and #nderstandin!+ @-A To provide the" with "oral and spirit#al !#idance' inc#lcate in the" honest ' inte!rit ' self6discipline' self6 reliance' ind#str and thrift' sti"#late their interest in civic affairs' and inspire in the" co"pliance with the d#ties of citi&enship+ @0A To f#rnish the" with !ood and wholeso"e ed#cational "aterials' s#pervise their activities' recreation and association with others' protect the" fro" bad co"pan ' and prevent the" fro" ac1#irin! habits detri"ental to their health' st#dies and "orals+ @5A To represent the" in all "atters affectin! their interests+ @3A To de"and fro" the" respect and obedience+ @5A To i"pose discipline on the" as "a be re1#ired #nder the circ#"stances+ and @8A To perfor" s#ch other d#ties as are
Karen Feliz G Supnad

i"posed b !#ardians.

law

#pon

parents

and

Art. 221. Parents and other persons e,ercisin! parental a#thorit shall be civill liable for the in4#ries and da"a!es ca#sed b the acts or o"issions of their #ne"ancipated children livin! in their co"pan and #nder their parental a#thorit s#b4ect to the appropriate defenses provided b law. Art. 222. The co#rts "a appoint a !#ardian of the childEs propert or a !#ardian ad lite" when the best interests of the child so re1#ires. Art. 22-. The parents or' in their absence or incapacit ' the individ#al' entit or instit#tion e,ercisin! parental a#thorit ' "a petition the proper co#rt of the place where the child resides' for an order providin! for disciplinar "eas#res over the child. The child shall be entitled to the assistance of co#nsel' either of his choice or appointed b the co#rt' and a s#""ar hearin! shall be cond#cted wherein the petitioner and the child shall be heard. However' if in the sa"e proceedin! the co#rt finds the petitioner at fa#lt' irrespective of the "erits of the petition' or when the 115
UST Faculty of i!il La"

Persons and Family Relations

Atty. Jacqueline Lopez

circ#"stances so warrant' the co#rt "a also order the deprivation or s#spension of parental a#thorit or adopt s#ch other "eas#res as it "a dee" 4#st and proper. Art. 220. The "eas#res referred to in the precedin! article "a incl#de the co""it"ent of the child for not "ore than thirt da s in entities or instit#tions en!a!ed in child care or in childrenEs ho"es d#l accredited b the proper !overn"ent a!enc . The parent e,ercisin! parental a#thorit shall not interfere with the care of the child whenever co""itted b#t shall provide for his s#pport. Bpon proper petition or at its own instance' the co#rt "a ter"inate the co""it"ent of the child whenever 4#st and proper. CHAPTER 0. the Propert Effect of Parental A#thorit of the Children Bpon

7here the "arket val#e of the propert or the ann#al inco"e of the child e,ceeds P5<'<<<' the parent concerned shall be re1#ired to f#rnish a bond in s#ch a"o#nt as the co#rt "a deter"ine' b#t not less than ten per cent#" @1<FA of the val#e of the propert or ann#al inco"e' to !#arantee the perfor"ance of the obli!ations prescribed for !eneral !#ardians. A verified petition for approval of the bond shall be filed in the proper co#rt of the place where the child resides' or' if the child resides in a forei!n co#ntr ' in the proper co#rt of the place where the propert or an part thereof is sit#ated. The petition shall be docketed as a s#""ar special proceedin! in which all incidents and iss#es re!ardin! the perfor"ance of the obli!ations referred to in the second para!raph of this Article shall be heard and resolved. The ordinar r#les on !#ardianship shall be "erel s#ppletor e,cept when the child is #nder s#bstit#te parental a#thorit ' or the !#ardian is a stran!er' or a parent has re"arried' in which case the ordinar r#les on !#ardianship shall appl . 116
UST Faculty of i!il La"

Art. 225. The father and the "other shall 4ointl e,ercise le!al !#ardianship over the propert of the #ne"ancipated co""on child witho#t the necessit of a co#rt appoint"ent. 2n case of disa!ree"ent' the fatherEs decision shall prevail' #nless there is a 4#dicial order to the contrar .

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

per"anentl ( Art. 223. The propert of the #ne"ancipated child earned or ac1#ired with his work or ind#str or b onero#s or !rat#ito#s title shall belon! to the child in ownership and shall be devoted e,cl#sivel to the latterEs s#pport and ed#cation' #nless the title or transfer provides otherwise. The ri!ht of the parents over the fr#its and inco"e of the childEs propert shall be li"ited pri"aril to the childEs s#pport and secondaril to the collective dail needs of the fa"il . Art. 225. 2f the parents entr#st the "ana!e"ent or ad"inistration of an of their properties to an #ne"ancipated child' the net proceeds of s#ch propert shall belon! to the owner. The child shall be !iven a reasonable "onthl allowance in an a"o#nt not less than that which the owner wo#ld have paid if the ad"inistrator were a stran!er' #nless the owner' !rants the entire proceeds to the child. 2n an case' the proceeds th#s !ive in whole or in part shall not be char!ed to the childEs le!iti"e. CHAPTER 5. /#spension or Ter"ination of Parental A#thorit Art. 228. Parental a#thorit ter"inates 117 @1A Bpon the death of the parents+ @2A Bpon the death of the child+ or @-A Bpon e"ancipation of the child. Art. 22:. Bnless s#bse1#entl revived b a final 4#d!"ent' parental a#thorit also ter"inates( @1A Bpon adoption of the child+ Bpon appoint"ent of a !eneral

@2A !#ardian+ @-A Bpon 4#dicial declaration of abandon"ent of the child in a case filed for the p#rpose+ @0A Bpon final 4#d!"ent of a co"petent co#rt divestin! the part concerned of parental a#thorit + or @5A Bpon 4#dicial declaration of absence or incapacit of the person e,ercisin! parental a#thorit . Art. 2-<. Parental a#thorit is s#spended #pon conviction of the parent or the person e,ercisin! the sa"e of a cri"e which carries with it the penalt of civil interdiction. The a#thorit is a#to"aticall reinstated #pon service of the penalt or #pon pardon or a"nest of the offender.
UST Faculty of i!il La"

Karen Feliz G Supnad

Persons and Family Relations

Atty. Jacqueline Lopez

therefor has ceased and will not be repeated. Art. 2-1. The co#rt in an action filed for the p#rpose in a related case "a also s#spend parental a#thorit if the parent or the person e,ercisin! the sa"e( @1A Treats the child with e,cessive harshness or cr#elt + @2A %ives the child corr#ptin! orders' co#nsel or e,a"ple+ @-A Co"pels the child to be!+ or @0A /#b4ects the child or allows hi" to be s#b4ected to acts of lascivio#sness. The !ro#nds en#"erated above are dee"ed to incl#de cases which have res#lted fro" c#lpable ne!li!ence of the parent or the person e,ercisin! parental a#thorit . 2f the de!ree of serio#sness so warrants' or the welfare of the child so de"ands' the co#rt shall deprive the !#ilt part of parental a#thorit or adopt s#ch other "eas#res as "a be proper #nder the circ#"stances. The s#spension or deprivation "a be revoked and the parental a#thorit revived in a case filed for the p#rpose or in the sa"e proceedin! if the co#rt finds that the ca#se
Karen Feliz G Supnad

Art. 2-2. 2f the person e,ercisin! parental a#thorit has s#b4ected the child or allowed hi" to be s#b4ected to se,#al ab#se' s#ch person shall be per"anentl deprived b the co#rt of s#ch a#thorit . Art. 2--. The person e,ercisin! s#bstit#te parental a#thorit shall have the sa"e a#thorit over the person of the child as the parents. 2n no case shall the school ad"inistrator' teacher of individ#al en!a!ed in child care e,ercisin! special parental a#thorit inflict corporal p#nish"ent #pon the child.

118

UST Faculty of i!il La"