PERSONS and FAMILY RELATIONS - A decree of legal separation, on the ground of

concubinage, may be issued upon proof by

ANAYA vs PALAROAN preponderance of evidence in the action for legal
GR No. L-27030; Nov. 26, 1970 separation. No criminal proceeding or conviction is
necessary.
- The non-disclosure to a wife by her husband of his
pre-marital relationship with another woman is not a - To this end, the doctrine in Francisco vs. Tayao has
ground for annulment of marriage. been modified, as that case was decided under Act.
No. 2710, when absolute divorce was then allowed
- FRAUD as a ground for annulment of marriage is and had for its grounds the same grounds for legal
limited exclusively by ART. 86: separation under the New Civil Code, with the
requirement, under such former law, that the guilt of
Art. 86 – Any of the following circumstances shall defendant spouses had to be established by final
constitute fraud referred to in number 4 of ART. 85: judgment in a criminal action. That requirement has
1. Misrepresentation as to the identity of one of not been reproduced or adopted by the framers of
the contracting parties; the present Civil Code, and the omission has been
2. Non-disclosure of the previous conviction of the uniformly accepted as a modification of the stringent
other party of a crime involving moral turpitude, rule in Francisco v. Tayao.
and the penalty imposed was imprisonment for
two or more;
3. Concealment by the wife of the fact that at the ONG ENG KIAM vs LUCITA ONG
time of the marriage, she was pregnant by a man G.R. No. 153206; October 23, 2006
other than her husband.
- Abandonment for valid or justifiable ground is not a
No other misrepresentation or deceit as to character, rank, ground for legal separation.
fortune or chastity shall constitute such fraud as will give
grounds for action for the annulment of marriage. - In order for abandonment to constitute a ground for
legal separation, it must be for without justifiable
cause and for more than one year.
FRANCISCO vs TAYAO
GR No. L-26435; March 4, 1927 Art. 56, par. (4) of the Family Code - legal separation shall
be denied when both parties have given ground for legal
- The wife is not entitled to a decree of divorce where separation.
her husband has been convicted of adultery.
- The abandonment referred to by the Family Code is
Philippine Divorce Law (Act No. 2710) abandonment without justifiable cause for more than
Sec. 1 - A petition for divorce can only be filed for adultery one year.
on the part of the wife or concubinage on the part of the
husband…
REPUBLIC OF THE PHIL. vs IYOY
Sec. 3 - The divorce may be claimed only by the innocent G.R. No. 152577; September 21, 2005
spouse, provided there has been no condonation of or
consent to the adultery or concubinage, as the case may In the case of Republic v. Court of Appeals and Molina, the
be… Supreme Court issued definitive guidelines in the
interpretation and application of Article 36 of the Family
Sec. 8 - A divorce shall not be granted without the guilt of Code of the Philippines, one of which is that:
the defendant being established by final sentence in a
criminal action. “(2) The root cause of the psychological incapacity must be
(a) medically or clinically identified, (b) alleged in the
complaint, (c) sufficiently proven by experts and (d) clearly
GANDIONCO vs PENARANDA explained in the decision.
G.R. No. 79284; November 27, 1987
Article 36 of the Family Code requires that the incapacity
- The action for legal separation may proceed must be psychological - not physical, although its
independently even without resolution of the manifestations and/or symptoms may be physical.
complaint for concubinage.
- In this case, the evidence may have proven that Fely
committed acts that hurt and embarrassed
 respondent Crasus and the rest of the family. Her hot-
temper, nagging, and extravagance; her LAPUZ-SY vs EUFEMIO SY-UY
abandonment of respondent Crasus; her marriage to G.R. No. L-30977; January 31, 1972
an American; and even her flaunting of her American
family and her American surname, may indeed be - An action for legal separation which involves nothing
manifestations of her alleged incapacity to comply more than the bed-and-board separation of the
with her marital obligations; nonetheless, the root spouses (there being no absolute divorce in this
cause for such was not identified. If the root cause of jurisdiction) is purely personal.
the incapacity was not identified, then it cannot be
satisfactorily established as a psychological or mental - Being personal in character, it follows that the death
defect that is serious or grave; neither could it be of one party to the action causes the death of the
proven to be in existence at the time of celebration of action itself — actio personalis moritur cum persona.
the marriage; nor that it is incurable.
- The right to the dissolution of the conjugal
partnership of gains (or of the absolute community of
BUGAYONG vs GINEZ property), the loss of right by the offending spouse to
G.R. No. L-10033; December 28, 1956
any share of the profits earned by the partnership or
Art. 100 (CC) – The legal separation may be claimed only community, or his disqualification to inherit by
by the innocent spouse, provided there has been no intestacy from the innocent spouse as well as the
condonation of or consent to the adultery or concubinage. revocation of testamentary provisions in favor of the
Where both spouses are offenders, a legal separation offending spouse made by the innocent one, are all
cannot be claimed by either of them. Collusion between rights and disabilities that, by the very terms of the
the parties to obtain legal separation shall cause the Civil Code article, are vested exclusively in the
dismissal of the petition.
persons of the spouses; and by their nature and
- The only general rule in American jurisprudence is intent, such claims and disabilities are difficult to
that any cohabitation with the guilty party, after the conceive as assignable or transmissible. Any property
commission of the offense, and with the knowledge rights acquired by either party as a result of Article
or belief on the part of the injured party of its 144 of the Civil Code of the Philippines could be
commission, will amount to conclusive evidence of resolved and determined in a proper action for
condonation; but this presumption may be rebutted partition by either the appellee or by the heirs of the
by evidence.
appellant.
- If there had been cohabitation, to what extent must it
be to constitute condonation?
CERVANTES VS. FAJARDO
Single voluntary act of marital intercourse between GR. No. 79955; January 27, 1989
the parties ordinarily is sufficient to constitute
condonation, and where the parties live in the same Does a natural parent, especially the natural mother, have
house, it is presumed that they live on terms of a better right as to the custody of a child than those of the
matrimonial cohabitation. adoptive parents who are leading a life better than the
natural parent? NO
A divorce suit will not be granted for adultery where
the parties continue to live together after it was - In all cases involving the custody, care, education and
known or there is sexual intercourse after knowledge property of children, the latter's welfare is
of adultery or sleeping together for a single night, and paramount. The provision that no mother shall be
many others. The resumption of marital cohabitation separated from a child under five (5) years of age, will
as a basis of condonation will generally be inferred, not apply where the Court finds compelling reasons
nothing appearing to the contrary, from the fact of to rule otherwise.
the living together as husband and wife, especially as
against the husband. - In all controversies regarding the custody of minors,
the foremost consideration is the moral, physical and
- There is no ruling on this matter in our jurisprudence social welfare of the child concerned, taking into
but we have no reason to depart from the doctrines account the resources and moral as well as social
laid down in the decisions of the various supreme standing of the contending parents.
courts of the United States above quoted.
- A decree of adoption has the effect of dissolving the
authority vested in natural parents over the adopted
 child. The adopting parents have the right to the care judgment calling for the performance of a duty made
and custody of the adopted child and to exercise specific by the mandate of the sovereign.
parental authority and responsibility over her.

ARROYO vs. VASQUEZ

ESPIRITU vs CA 42 Phil 54; August 11, 1921
G.R. No. 115640; March 15, 1995
Can the court grant the petition of the husband to compel
The custody of the children determined by the age of the his wife to live with him? NO
minor child? NO
- It is not within the province of the courts to attempt
- The task of choosing the parent to whom custody to compel one of the spouses to cohabit with, and
shall be awarded is not a ministerial function to be render conjugal rights to, the other.
determined by a simple determination of the age of a
minor child. - What is involved in this case is a purely personal right
which cannot be enforceable by process of contempt.
At best, the court may render a judicial declaration
Art. 363 (CC) – In all questions on the care, custody,
that his wife has presented herself without sufficient
education and property of the children, the latter's welfare cause and that it is her duty to return.
shall be paramount. No mother shall be separated from
her child under seven years of age, unless the court finds
compelling reasons for such measure. VALDEZ vs. RTC Branch 102 of Quezon City
G.R. No. 122749; July 31, 1996
Art. 213 (CC) – In case of separation of the parents
parental authority shall be exercised by the parent
designated by the Court. The Court shall take into account
all relevant considerations, especially the choice of the
child over seven years of age unless the parent chosen is
unfit.

- Whether a child is under or over seven years of age,

the paramount criterion must always be the child's
interests. Discretion is given to the court to decide
who can best assure the welfare of the child, and
award the custody on the basis of that consideration.

DE LA CARMARA vs RUEDA
G.R. No. 11263; November 2, 1916

- The power to grant support is not dependent upon

the power to grant divorce which is apparent from
the very nature of the marital obligations of the
spouses.

- The mere act of marriage creates an obligation on the

part of the husband to support his wife. This
obligation is founded not so much on the express or
implied terms of the contract of marriage as on the
natural and legal duty of the husband; an obligation,
the enforcement of which is of such vital concern to
the state itself that the laws will not permit him to
terminate it by his own wrongful acts in driving his
wife to seek protection in the parental home. A
judgment for separate maintenance is not due and
payable either as damages or as a penalty; nor is it a
debt in the strict legal sense of the term, but rather a