Note: Date of effectivity of Municipal Ordinances is NOT annulment of marriage is considered legitimate)

covered by this rule but by the Local Government Code.

(Tañada vs. Tuvera, supra). WAIVER OF RIGHTS (Art. 6)
IGNORANCE OF THE LAW EXCUSES NO
ONE (Art. 3)
General Rule: Rights can be waived.

Conclusive Presumption – every person is presumed to Requisites for a valid waiver: (CUE–CF)
know the law even if they have no actual knowledge of the 1. Full capacity to make the waiver.
law. 2. Waiver must be unequivocal
 Applies only to mandatory and prohibitory laws. 3. Right must exist at the time of the waiver
 Does not apply to foreign laws because there is no 4. It must not be contrary to law, public policy, morals or
judicial notice of such foreign laws; it must be proved like good customs or prejudicial to a third person with a right
any other matter of fact (Ching Huat vs. Co Heong L- recognized by law.
1211, January 30, 1947). 5. When formalities are required, the same must be
complied with.
Note: Mistakes in the application or interpretation of difficult
or doubtful provisions of law may be the basis of good faith Exceptions: (C–PEN)
and has been given the same effect as a mistake of fact, 1. Waiver is contrary to law, public order, public policy,
which may excuse one from the legal consequences of his morals or good customs;
conduct (Art. 526, 2155, NCC). 2. If the waiver is prejudicial to a third party with a right
recognized by law.
3. Alleged rights which really do not yet exist, as in the case
NON RETROACTIVITY OF LAWS of future inheritance
(Art. 4) 4. If the right is a natural right, such as right to be
General Rule: No retroactive effect. supported.

Exceptions: (P2UT NICE) JUDICIAL DECISIONS FORM PART OF THE

1. Tax laws when expressly declared or is clearly the LEGAL SYSTEM or DOCTRINE OF STARE
legislative intent (Cebu Portland Cement vs. Coll. G.R. DECISIS (Art. 8)
No. 18649, February 27, 1965)
2. Interpretative statutes
3. Procedural or Remedial DOCTRINE OF STARE DECISIS enjoins adherence to
4. Curative or Remedial statutes judicial precedents and is based on the principle that once a
5. Emergency laws question of law has been examined and decided, it should
6. Laws creating new rights (Bona vs. Briones G.R. No. L- be deemed settled and closed to further argument.
10806, July 6, 1918; Bustamante et al. vs. Cayas, G.R.
Nos. L-8562-8563, December 17, 1955) Judicial decisions, although in themselves not laws, assume
7. Unless the law otherwise provides the same authority as the statute itself (People vs. Licera
8. Penal laws favorable to the accused. G.R. No. L-39990, July 2, 1975).
 No publication required, binding on parties after the
Exceptions to the Exception: (E–I) lapse of appeal period, and will bind all future cases with
1. Ex Post Facto Laws identical facts, until reversed by SC.
2. Laws that impair obligation of contracts (Asiatic They are part of the law as of the date of the enactment of
Petroleum vs. Llanes, G.R. No. L-25386, October 20, said law because the Supreme Court’s interpretation merely
1926) establishes the contemporaneous legislative intent that the
construed law purports to carry into effect (People v. Licera G.R.
ACTS CONTRARY TO LAW (Art. 5) No. L-39990, July 2, 1975).

HOWEVER, when a doctrine is overruled and a different

General Rule: Acts contrary to mandatory or prohibitory view is adopted, the new doctrine should be applied
laws are VOID. prospectively and should not prejudice parties who relied on
Exceptions: (PAVE) the old doctrine (People v. Jabinal G.R. No. L-30061, February 27,
1. The law makes the act valid but punishes the violator 1974).
(ex. Marriage solemnized by a person without legal
authority) CUSTOMS
2. The law itself authorizes its validity (ex. Lotto, (Arts. 11 and12)
sweepstakes)
3. The law makes the act only voidable (ex. Voidable
contracts where consent is vitiated) Rules of conduct formed by repetition of acts uniformly
4. The law declares the nullity of an act but recognizes its observed as a social rule. They are legally binding and
effects as legally existing (ex. Child born before obligatory.
 Lex Rei SItae: The law of the country where the property
General Rule: Customs must be proved as a fact according is situated shall govern property transactions. (Article 16
to the rules of evidence. (1))

Exception: A court may take judicial notice of a custom if Exception: Order and amount of successional rights,
there is already a decision rendered by the same court intrinsic validity of testamentary provisions, and capacity
recognizing the custom.
to succeed governed by the national law of decedent.
(Article 16 (2))
Requisites to Make a Custom an Obligatory Rule:
(P2TO)
1. Plurality or repetition of acts; 4. Laws on forms and solemnities
2. Practiced by the great mass of the social group; Lex Loci Celebrationis: Forms and solemnities of
3. Continued practice for a long period of time; contracts, wills, and other public instruments (extrinsic
4. The community accepts it as a proper way of acting, validity) shall be governed by the laws of the country in
such that it is considered as obligatory upon all. which they are executed. (Article 17)

RULE ON PERIODS Exceptions:

(Art. 13) a. Marriage between Filipinos solemnized abroad shall
be void though valid abroad when void under
1. Years - 365 days, unless year is identified Philippine laws. (Article 26(1) FC)
2. Months - 30 days, unless month identified b. Intrinsic Validity of Contracts: Validity is determined
3. Days – 24 hours by the following rules:
4. Nights-sunset to sunrise i. The law stipulated by the parties shall be
5. Calendar week – Sunday to Saturday applied;
6. Week – Count 7 days as indicated, not necessarily
Sunday to Saturday
ii. In default thereof, and the parties are of the
 To count the period, first day is excluded, last day is same nationality, their national law shall be
included. applied;
iii. If the parties are not of the same nationalities,
Exception: Rule does NOT apply to computation of age; the law of the place of the perfection of the
each year is counted based on birth anniversary. obligation shall govern its fulfillment;
iv. If the above places are not specified and they
Policy if the Last Day is a Sunday or a Legal Holiday: cannot be deduced from the nature and
1. If the act to be performed within the period is prescribed circumstances of the obligation, then the law of
or allowed (1) by the Rules of Court, (2) by an order of the passive subject shall apply.
the court, or (3) by any other applicable statute, the last
day will automatically be considered the next working Lex Nationalii Lex Rei Sitae Lex Loci
day. Celebrationis
2. If the act to be performed within the period arises from a Art. 15, CC Art. 16, CC Art. 17, CC
contractual relationship, the act will become due despite Citizenship is Law of the place Law of the place where
the fact that the last day falls on a Sunday or Holiday. the basis for where the property the contract was
determining the is situated is the executed is the basis for
personal law basis for determining law
Applicable Laws
applicable determining law applicable
1. Penal Laws and laws of public security (Article 14)
applicable
Territoriality rule governs regardless of the nationality
Covers family Covers both real Covers only the forms
but subject to principles of international law and to rights and and personal and solemnities
treaty stipulations. duties, status, property (extrinsic validity)
2. Laws relating to family rights and duties, or to condition and
status, condition and legal capacity of persons. legal capacity
Nationality rule applies regardless of their place of of persons.
residence. Exception: Exceptions: Exceptions:
Art. 26, par. 2 (CIAO) 1. Art. 26, par. 1 of
Exception: Divorce validly obtained abroad by alien of Family Code  Capacity to Family Code
succeed 2. Intrinsic validity of
spouse capacitating him or her to remarry, the Filipino
 Intrinsic validity contracts
spouse shall have capacity to remarry under Philippine of the will
law. (Article 26 (2) Family Code)  Amount of
successional
3. Laws on property (real and personal) rights
 Order of
succession
Rules on Personal Law: Domiciliary Rule and Nationality
Rule Distinguished
Domiciliary Rule Nationality Rule ACTS CONTRARY TO LAW (Art. 20)
Basis for determining personal Basis for determining personal
law of an individual is his law is his CITIZENSHIP
Every person who is criminally liable shall also be civilly
DOMICILE
liable, whether the act is intentional or unintentional.

ACTS CONTRA BONUS MORES

5. Renvoi Doctrine: Occurs when a citizen of another
(Art. 21)
country dies as a domiciliary of another country. Where
the conflict rules of the forum refer to a foreign law, and Elements: (L-C-I)
the latter refers it back to the internal law, the law of the 1. There is a legal act;
forum shall apply. 2. But which is contrary to morals, good customs, public
Transmission Theory: If the foreign law refers it to a order or public policy; and,
third country, the said country’s law shall govern. 3. It is done with intent to injure.

6. Doctrine of Processual Presumption Articles 19, 20 and 21 are related to one another and under
The foreign law, whenever applicable, should be proved these articles, an act which causes injury to another may be
made the basis for an award of damages (Albenson
by the proponent thereof; otherwise, such law shall be
Enterprises Corp. v. CA, G.R. No. 88694, January 11, 1993).
presumed to be exactly the same as the law of the
forum. Articles 19 and 21 refer to INTENTIONAL acts while Article
20 pertains either to WILLFUL or NEGLIGENT acts, which
Rule on Prohibitive Laws must be contrary to law. (Ibid.)
General Rule: Prohibitive laws concerning persons, their
acts or property, and laws which have for their object public
order, public policy or good customs are NOT rendered PRINCIPLE OF UNJUST ENRICHMENT
ineffective by laws, or judgments promulgated or by Accion In Rem Verso (Art.– 22)
action for recovery of what has been
determinations or conventions agreed upon in foreign paid without just cause.
country. (Art. 17(3))
Application:
Exception: Art. 26, par. 2 Family Code (ex. Divorce Law) 1. When someone acquires or comes into possession of
something, which means delivery or acquisition of things;
HUMAN RELATIONS AND
2. Acquisition is undue and at the expense of another,
which means without just or legal ground.
ABUSE OF RIGHT (Art. 19)
Accion in Rem Verso and Solutio Indebiti
Solutio Indebiti
Elements: (LEP) Accion In Rem Verso
(Art. 2154)
1. Existence of a legal right or duty;
2. Which is exercised in bad faith; It is not necessary that the Payment was made by mistake
3. For the sole intent of prejudicing or injuring another. payment be made by mistake, is an essential element to
payment could have been made maintain the action for recovery.
knowingly and voluntarily but
Doctine of Violenti Non Fit Injuria (to which a person
nevertheless, there would be
assents is not esteemed in law as injury) – refers to self- recovery of what has been paid
inflicted injuries or to the consent to injury which precludes
the recovery of damages by one who has knowingly and
voluntarily exposed himself to danger, even if he is not Requisites: (JELA)
negligent in doing so (Nikko Hotel Manila Garden, et all vs. 1. Defendant has been enriched;
Roberto Reyes (Amay Bisaya) G.R. No. 154259, Feb. 28, 2. Enrichment is without just or legal ground;
2005). 3. Plaintiff has suffered a loss; and
4. He has no other action based on contract, quasi–
Damnum Absque Injuria (damage without injury) – A contract, crime or quasi–delict.
person who exercises his legal right does no injury.
HOWEVER, it cannot be said that a person exercises a right Note: For a more comprehensive discussion of Articles 19-
when he unnecessarily prejudices another or offends morals 35, please see discussion thereof under Torts.
or good customs.
 When damages result from a person’s exercise of rights, PREJUDICIAL QUESTION
it is damnum absque injuria (ABS-CBN v. Republic (Art. 36)
Broadcasting Corp. G.R. No. 128690, January 21,
1999).
General Rule: If both criminal and civil cases are filed in 1. Minority
court, the criminal case takes precedence. 2. Insanity or imbecility
3. State of being deaf mute
Exceptions: 4. Prodigality
1. In case of prejudicial questions, the criminal case is 5. Civil interdiction
suspended because the issues in the civil case are
determinative of the outcome of the criminal case. Modifications/ Limitations on Capacity to Act (Art. 39):
 A prejudicial question is that which arises in a case, (FI3T P2A3D)
the resolution of which is a logical antecedent of the 1. Family Relations;
issue involved therein, and the cognizance of which 2. Insanity;
pertains to another tribunal (Yap v. Paras, G.R. No. 3. Imbecility;
101236, January 30, 1992). 4. Insolvency;
5. Trusteeship;
Requisites: (Section 7, Rule 111, Rules of Court) 6. Penalty;
a. Previously instituted civil action involves an issue 7. Prodigality;
similar or intimately related to the issue raised in the 8. Age;
subsequent criminal action. 9. Alienage;
b. The resolution of such issue determines whether or 10. Absence; and
not the criminal action may proceed. 11. State of being deaf-mute.

2. Independent civil action granted by law (CD-QR) Note: The consequences of the restrictions and
a. Breach of constitutional and other rights (Art. 32) modifications in a person’s capacity to act are provided by
b. Defamation, fraud, physical injuries (Art. 33) the Civil Code, other codes, special laws, and the Rules of
c. Refusal or failure of city or municipal police to give Court.
protection (Art. 34)
d. Quasi-delict or culpa-aquiliana (Art.2177) NATURAL PERSONS

Note: The Civil Code has SUPPLETORY application in Beginning of Personality

matters governed by special laws. General Rule: Birth determines personality (actual
personality) (Art. 40).
CIVIL PERSONALITY
Exception: The law considers the conceived child as born
Aptitude of being the subject, active or passive, of rights and for all purposes favorable to it if born alive. Therefore, the
obligations. child has a presumed personality, which has two
characteristics:
Juridical Capacity and Capacity to Act 1. Limited; and
Juridical Capacity Capacity To Act 2. Provisional/conditional (Quimiguing vs. Icao, G.R. No. L-
Fitness to be the subject of Power to do act with legal 26795, July 31, 1970)
legal relations (Art. 37) effects (Art. 37)
Passive Active Note: The concept of provisional personality CANNOT
Inherent Merely acquired be invoked to obtain damages for and in behalf of an
Lost only through death Lost through death and other aborted child (Geluz vs. CA, G.R. No. L-16439, July 20,
causes 1961).
Can exist without capacity to Cannot exist without juridical
act capacity
When is a Child Considered Born:
Cannot be limited or restricted Can be restricted, modified or
limited General Rule: For civil purposes, the fetus is considered born
if it is alive at the time it is completely delivered from the
Theories on Capacity to Act mother’s womb.
Theory of General Theory of Special
Capacities Capacities Exception: If the fetus had an intrauterine life of less than 7
Applies to natural persons Applies to juridical persons months, it is NOT deemed born if it dies within 24 hours after
This limits the power of its complete delivery from the maternal womb (Article 41).
One has the ability to do all
things with legal effects except juridical persons only to those
only in those specific that are expressly conferred
Presumption of Survivorship:
circumstances where the upon them or those which can
In case of doubt as to which of two or more persons called
capacity to act is restrained be implied therefrom or
incidental thereto to succeed each other died first:
1. Whoever alleges the death of one prior to the other, shall
Restrictions on Capacity to Act do not exempt the prove the same
incapacitated person from certain obligations as when the 2. In the absence of proof, the presumption is that the
latter arise from his acts or from property relations such as parties died at the same time and there shall be no
easements (Art. 38): (MID-PC) transmission of rights from one another (Art. 43)
Note: Art. 43 apply when the parties are called to succeed MARRIAGE
each other or are heirs to one another. But if the parties are
not called to succeed each other, Rule 131, Sec. 3 (jj) of the
A special contract of permanent union between a man and a
Rules of Court applies. Both are to be applied only in the
woman entered into in accordance with law for the
absence of facts. establishment of conjugal and family life. It is the foundation
of the family and an inviolable social institution whose nature,
The legitimacy or illegitimacy of a child attaches upon his/ consequences and incidents are governed by law and not
her conception (Continental Steel Manufacturing Corp. v. subject to stipulation (Art. 1).
Hon. Accredited Voluntary Arbitrator, et al., G.R. No. 182836,  Although a marriage contract is considered a primary
October 13, 2009). evidence of marriage, its absence is not always proof
that no marriage took place. Testimony of one of the
parties to the marriage, witnesses or solemnizing officer
JURIDICAL PERSONS
is admissible to prove the fact of marriage. (Balogbog v.
The following are juridical persons: CA, G.R. No. 83598, March 7, 1997).
1. State and its political subdivisions  Once the presumption of marriage arises, other evidence
2. Corporations, institutions and entities for public purpose may be presented in support thereof. The evidence need
or interest not necessarily or directly establish the marriage but
3. Corporations, partnership and associations for private must at least be enough to strengthen the presumption
interest or purpose to which the law grants a juridical of marriage. Every intendment of law leans toward
personality, separate and distinct from that of each legitimizing marriage (Delgado vda de De la Rosa v.
shareholder, partner or member (Art. 44) Heirs of Marciana vda de Damian, GR No 155733,
January 27, 2006)
Creation:
1. For (1) and (2), by the laws creating or recognizing them; Marriage and Ordinary Contract Distinguished
government corporations are created by their special Marriage Ordinary Contract
charters passed by the legislature Special contract Merely a contract
2. Private corporations are governed by BP 68; and Social institution Merely a contract
3. Partnerships and associations for private interest or Governed by law on marriage Governed by law on contracts
purpose are governed by the provisions of this Code Not subject to stipulations Generally subject to
concerning partnerships. except in property relations stipulations
Minors may contract thru their
Note: The estate of a deceased should be considered an Legal capacity is required parents or guardians or in
artificial or juridical person for the purposes of the settlement some cases by themselves
and distribution of his estate which include the exercise Contracting parties must only
Two or more parties
during the judicial administration thereof of his rights and the be two persons – one is a
regardless of gender
fulfillment of obligations which survived after his death female and the other is a male
(Limjoco vs. Intestate Estate of Pedro Fragrante, No. L–770 Parties can fix a period for its
Permanent Union efficacy to be ineffective after
April 27, 1948).
a few years

Cessation of Civil Personality Breach of obligations of

husband and wife does not
1. If natural persons: by death (Art. 42)
give rise to an action for
 The effect of death upon the rights and obligations of damages. The law provides Breach of ordinary contracts
the deceased is determined by law, contract, and by penal and civil sanctions such gives rise to an action for
will because some rights and obligations survive the as prosecution for adultery or damages
death of a person concubinage and
2. If juridical persons: by termination of existence proceedings for legal
 Dissolution of private corporations is governed by separation.
Title IV of the Corporation Code Can be dissolved only by Can be dissolved by mutual
 Dissolution of corporations for public interest or death or annulment, not by agreement and by other legal
purposes is governed by the provisions of their mutual agreement causes
respective charters and in its absence by the
Corporation Code Breach of Promise to Marry
General Rule: It is not by itself an actionable wrong
(Hermosisima vs. CA L-14628, September 30, 1960). One
FAMILY CODE
cannot seek specific performance to compel marriage.
The Family Code of the Philippines took effect on August 3,
Exceptions: To be actionable, there must be another act
1988.
independent of the breach of promise to marry which gives
rise to liability as where there was financial damage, social
humiliation, and moral seduction.
1. Mere breach of promise to marry is not an actionable which constitutes the formal requirement but the
wrong; but to formally set a wedding and go through all absence/presence of the authority of such solemnizing
the preparations and publicity, only to walk out of it when officer at the time of the solemnization of the marriage.
the matrimony is about to be solemnized, is quite
different. This is palpably and unjustifiably contrary to General Rule: The Solemnizing officer is not duty bound to
good customs for which defendant must be held investigate whether the marriage license was regularly
answerable in damages pursuant to Art. 21 NCC.
issued.
(Wassmer vs. Velez, No. L-20089, December 26, 1964)
 Must only determine if it was issued by a competent
official
2. Where a man’s promise to marry was the proximate
cause of giving herself unto him in sexual congress and  If so, it may be presumed that the said official fulfilled the
there is proof he had no intention of marrying her, the duty to ascertain whether the contracting parties fulfilled
promise being a deceptive device, damages may be the requirements of law (People vs. Janssen)
awarded pursuant to Art. 21 NCC because of the fraud
and deceit behind it and the willful injury to her honor and Exception: In cases of marriage in articulo mortis, in remote
reputation (Baksh vs. CA, G.R. No. 97336, February 19, places, and between a man and a woman living together as
1993). husband and wife for at least 5 years without legal
impediment to marry each other
Essential Requisites of Marriage: (LC)  Solemnizing officer must take steps to ascertain the
1. Legal capacity of the contracting parties, who must be a ages, relationship, and qualifications of contracting
male and a female parties (Art. 29)
a. Eighteen years old or above
b. Not under any impediment mentioned in Arts. 37 and Persons Authorized to Solemnize Marriages (Art. 7):
38 (Art. 5) PMJCCC
2. Consent freely given in the presence of a solemnizing 1. Priest, rabbi, imam or ministers of any church or religious
officer (Art. 2) sect
 No particular form required a. duly authorized by his church or religious sect
 Capable of intelligently understanding the nature b. registered with the Office of the Civil Registrar
and consequences of the act General
c. acting within the limits of the written authority
Formal Requisites of Marriage: (ALM) granted
1. Authority of the solemnizing officer d. at least one of the parties belongs to the solemnizing
2. Valid Marriage License officer’s church or religious sect
3. Marriage ceremony where the contracting parties appear 2. Municipal and city mayors (Local Government Code,
before the solemnizing officer, with their personal January 1, 1992)
declaration that they take each other as husband and  The term “Mayor” includes a Vice-Mayor who is the
wife in the presence of not less than two witnesses of “Acting Mayor” or who is merely acting as a Mayor
legal age (Art. 3) (People vs. Bustamante, citing Laxamana vs.
Baltazar)
Effects of: (Art. 4) 3. Incumbent members of the judiciary within the court’s
1. ABSENCE of essential or formal requisites: The jurisdiction
marriage is VOID AB INITIO (ex: expired marriage 4. Ship captains or air plane chiefs (Art. 31)
license, marriage by way of jest)  Only in cases of marriages in articulo mortis between
passengers or crew members
Exception: Marriage is valid where either or both parties  During the voyage, while plane is in flight or ship is
believed in good faith that the solemnizing officer had at sea and during stopovers at ports of call
legal authority to do so when he had none at the time of  Assistant pilot has no authority to solemnize a
the solemnization of the marriage (Art. 35(2)) marriage even if airplane chief dies during the trip
5. Commanders of military unit, in the absence of chaplain
2. DEFECT in any of the essential requisites: The marriage (Art. 32)
is VOIDABLE (ex: consent obtained through force and  Must be a commissioned officer – rank should start
intimidation) from second lieutenant, ensign and above (Webster
Dictionary, 1991 edition)
3. IRREGULARITY in any of the formal requisites: Does  Only in cases of marriage in articulo mortis between
NOT affect the validity of the marriage BUT will hold the members of the armed forces or civilians within the
party responsible for such irregularity civilly, criminally zone of military operation
and administratively liable 6. Consul generals, consuls or vice–consuls of the
Republic of the Philippines abroad (Art. 10)
Exception: Marriage is VOIDABLE where contracting party 18  Only in cases of marriage between Filipino citizens
years old or over but below 21 without the consent of the parents abroad
 The marriage ceremony is in accordance with the
Authority of Solemnizing Officer laws of the Philippines (Art. 17, NCC)
It is not the presence/absence of the solemnizing officer
  Also performs the duties of the local civil registrar  The 5–year period should be computed on the basis
 Consuls on home assignment in the Philippines of cohabitation as husband and wife where the only
cannot solemnize marriage missing factor is the marriage contract to validate the
union (ex: if both cohabited at the age of 17,
Valid Marriage License counting starts when parties reach 18 years)
The license is valid in any part of the Philippines for 120 days
from date of issue, which is the date when the local civil  This 5–year period should be the years immediately
registrar signed the license. before the day of the marriage and it should be a
period of cohabitation characterized by
 Automatically canceled at the expiration of the period if
EXCLUSIVITY – meaning no legal impediment was
contracting parties have not made use of it (Art. 20)
present at any time within the 5 years and
 The requirement that the parties or one of them must
CONTINUITY – that is unbroken (Republic v. Dayot,
reside in the place of the issuance of the license is a
G.R. No. 175581,March 8, 2008)
mere formal requirement. If there is no compliance with
the same, the defect is a mere infirmity that does not
4. In articulo mortis
affect the validity of the marriage (Ty vs. Court of
Appeals, 2003).  Remains valid even if ailing party subsequently
survives (Art. 27)
 When either or both parties are foreign citizens, they
5. In remote places
must first submit a CERTIFICATE OF LEGAL
CAPACITY TO MARRY issued by their  Residence of either party is so located that there is
diplomatic/consular officials before marriage license can no means of transportation to enable them to
be obtained (Art. 21) personally appear before the local civil registrar (Art.
28)
Exception: Marriage of both foreign citizens will be
Marriage Ceremony
solemnized by their country’s consul-general assigned in
There is no particular form prescribed by the Family Code.
the Philippines, if their country’s law allows the same
The absence of two witnesses of legal age is merely an
Stateless persons/refugees from other countries shall submit
irregularity but the party responsible for the irregularity shall
an affidavit stating circumstances to show capacity to
be civilly, criminally, and administratively liable.
contract marriage before a marriage license can be obtained
(Art. 21)
Marriages by proxy
Marriages Exempt from License Requirement (MOLAR) 1. If it was solemnized in the Philippines, the marriage is
(Art.27) VOID because physical appearance is required under
1. Among Muslims or members of ethnic cultural Art. 6.
communities solemnized in accordance with their 2. If performed abroad, whether between Filipinos or
customs, rites and practices (Art. 33) foreigners or mixed, the controlling article is Art. 26 of the
2. Solemnized outside the Phil. where no marriage license Family Code.
is required by the country where they were solemnized
3. Of a man and a woman who have lived together as Authorized Venues of Marriage (Art. 8)
husband and wife for at least 5 years and without legal General Rule: Must be solemnized publicly, and not
impediment to marry each other (Art. 34) elsewhere, in the:
1. Chambers of the judge or in open court
Requisites: 2. Church, chapel or temple
a. The man and woman must have 3. Office of consul–general, consul or vice–consul
been living together as husband and wife for at least five
years before the marriage; Exceptions:
b. The parties must have no legal 1. Marriage in articulo mortis;
impediment to marry each other; 2. Marriage in remote places;
c. The fact of absence of legal 3. Marriage at a house or place designated by the parties
impediment between the parties must be present at the in a sworn statement to that effect, with the written
time of marriage; request of both parties to the solemnizing officer
d. The parties must execute an
affidavit stating that they have lived together for at least Note: This provision is only directory and the requirement
five years (and are without legal impediment to marry that the marriage be solemnized in a particular or a public
each other); and place is not an essential requisite.
e. The solemnizing officer must
execute a sworn statement that he had ascertained the
qualifications of the parties and that he had found no
legal impediment to their marriage (Manzano v. Sanchez
G.R. No. MTJ–00–1329, March 08, 2001)
 FOREIGN MARRIAGE Cipriano Obrecido III, G.R. No. 154380, Oct. 5,
2005)
 In Edgar San Luis v. Felicidad Sagalongos (G.R. No.
Validity of Marriage 134029, February 6, 2007), whether a Filipino who
General Rule: Where one or both parties to the marriage are had been divorced by his alien spouse abroad may
citizens of the Philippines, the foreign marriage is valid in this validly remarry in the Philippines considering that the
country if solemnized in accordance with the laws of the marriage was solemnized before the Family Code, it
country of celebration. (Art. 26) was held that it need not retroactively apply the
 In case a Filipino contracts a foreign marriage which is provisions of the Family Code, particularly Article 26,
null and void in the place where it was solemnized, the par. (2), considering that there is sufficient
same shall also be null and void in the Philippines even jurisprudential basis allowing the retroactivity of the
if such was valid if celebrated under Philippine laws Family Code.
 If both are foreigners, lex loci celebrationis applies  There must be a showing that the divorce decree
gave the foreigner spouse legal capacity to remarry
Exceptions: Foreign marriages shall not be recognized in because in some jurisdictions, remarriage may be
the Philippines if: (B2MA-PIP) limited or prohibited (Bayot vs. Bayot, G.R. No.
1. Contracted by a national who is below 18 years of age 155635 & 163979, November 7, 2008).
(Art. 35(1))
2. Bigamous or polygamous except as provided in Art. 41, VOID MARRIAGES (Art. 35)
FC (Art. 35(4))
3. Contracted through mistake of one party as to the Due to absence of any of the essential requisites: (BB–
identity of the other (Art. 35(5)) LAPIS)
4. Contracted following the annulment or declaration of 1. Contracted by any party below 18 years of age even with
nullity of a previous marriage but before partition parental consent;
(Art.35(6)) 2. Solemnized by any person NOT LEGALLY authorized to
5. Void due to psychological incapacity (Art. 36) perform marriages UNLESS one or both of the parties
6. Incestuous (Art.37) believed in good faith that the solemnizing officer had the
7. Void for reasons of public policy (Art. 38) legal authority to do so;
3. Solemnized WITHOUT a license except as otherwise
Divorce provided;
General rule: No divorce is allowed in the Philippines 4. Bigamous or polygamous marriages except Art 41;
5. Marriages contracted through mistake of one of the
Exceptions: parties as to the physical identity of the other
1. Between 2 aliens – if valid in their national laws even if 6. Subsequent marriages that are void under Article 53 of
marriage was celebrated in the Philippines the Family Code
2. Between a Filipino and an Alien – if (a) there is a valid 7. Contracted by a party who at the time of the marriage
marriage celebrated between a Filipino citizen and a was psychologically incapacitated.
foreigner; and (b) a valid divorce according to the
national law of the foreigner is obtained abroad by the Note: Enumeration in Art 35 is NOT exclusive.
alien spouse capacitating him or her to remarry. Art.
26(2)) Psychological Incapacity (Art. 36)
 The Filipino spouse should likewise be allowed to No less than a mental (not physical) incapacity that causes a
re–marry as if he or she was a foreigner at the time party to be truly incognitive of the basic marital covenants
of the solemnization of the marriage. To rule that concomitantly must be assumed and discharged by the
otherwise would sanction absurdity and injustice
parties to the marriage. Its meaning is confined to the most
 Party pleading it must prove divorce as a fact and
serious cases of personality disorders clearly demonstrative
demonstrate its conformity to the foreign law
allowing it, which must be proved as courts cannot of an utter insensitivity or inability to give meaning and
take judicial notice of foreign laws. If a valid divorce significance to the marriage. This psychological condition
decree has been obtained abroad, there is no more must exist at the time the marriage is celebrated. (Santos vs.
need to file an action to nullify the marriage. The CA, G.R. No. 112019, January 4, 1995)
plaintiff has no more personality to sue since the
marriage bond has already been severed (Felicitas Requisites of Psychological Incapacity: (JIG)
Amor-Catalan vs. CA, G.R. No. 167109, February 6, 1. Gravity – must be grave/serious such that the party
2007). would be incapable of carrying out the ordinary duties
 Article 26 (2) applies where parties were Filipino required in a marriage;
citizens at the time of celebration of the marriage, but 2. Juridical Antecedence – Must be rooted in the history of
later on, one of them becomes naturalized as a the party antedating the marriage, although the overt
foreign citizen and obtains a divorce decree because manifestations may emerge only after the marriage; and
the reckoning point is their citizenship at the time a 3. Incurability – Must be incurable or, even if it were
valid divorce is obtained abroad by the alien spouse otherwise, the cure would be beyond the means of the
capacitating the latter to re–marry. (Rep. vs.
 party involved. (Santos vs. CA, G.R. No. 112019, of the FC;
January 4, 1995) 7. Interpretations of the National Appellate Matrimonial
Tribunal of the Catholic Church of the Philippines while
May involve a senseless, protracted and constant refusal to not controlling should be given great respect;
comply with the essential marital obligations by one or both 8. Trial court must order the prosecuting attorney or fiscal
of the spouses although he, she or they are physically and the Solicitor General to appear for the state.
capable of performing such obligations (Chi Ming Tsoi v. CA,
G.R. No. 119190, Jan. 16, 1997) Note: The SC held in Te vs. Te (G.R. No. 161793, February
13, 200) as decisive the psychological evaluation made by
A person who is unable to distinguish between fantasy and the expert witness and thus ruled that the marriage of the
reality would be unable to comprehend the legal nature of the parties is null and void on the ground of both parties’
marital bond much less its psychic meaning and the psychological incapacity. The clinical psychologist did not
obligations attached to the marriage, including parenting. personally examine the respondent, and relied only on the
One unable to adhere to reality cannot be expected to adhere
information provided by petitioner. Further, the psychological
as well to any legal or emotional commitments (Antonio v.
incapacity was not shown to be attended by gravity, juridical
Reyes, G.R. No. 155800, March 10, 2006)
antecedence, and incurability, deviating from Republic vs.
While disagreements on money matters would, no doubt, CA and Molina (1997) ruling, upon the Court’s reasoning that
affect the other aspects of one’s marriage as to make the the impositions of the Molina case were inappropriate, as
wedlock unsatisfactory, this is not a sufficient ground to cases of psychological incapacity should be decided not on
declare a marriage null and void. In fact, the Court takes the basis of a priori assumptions, predictions or
judicial notice of the fact that disagreements’ regarding generalizations but according to its own facts. Courts should
money matters is a common, and even normal, occurrence interpret the provision on a case-to-case basis; guided by
between husbands and wives. (Tongol vs. Tongol, G.R. No. experience, the findings of experts and researchers in
157610, October 19, 2007) psychological disciplines, and by decisions of church
tribunals. The Molina doctrine has become a strait-jacket,
Petitioner is not entitled to moral damages based on forcing all sizes to fit into and be bound by it. The Court in
declaration of psychological incapacity because the award of conveniently applying Molina, has allowed diagnosed
moral damages should be predicated, not on the mere act of sociopaths, schizophrenics, nymphomaniacs, narcissists
entering into the marriage, but on specific evidence that it and the like, to continuously debase and pervert the sanctity
was done deliberately and with malice by a party who had of marriage.
known of his or her disability and yet willfully concealed the
same. (Noel Buenaventura v. CA, et al., G.R. No. 127358, The wife’s promiscuity and the psychiatrist’s report that she
March 31, 2005) was suffering from social personality disorder exhibited by
blatant display of infidelity, emotional immaturity, and
Essential Elements: (MAVFFCCI) irresponsibility cannot be equated with psychological
1. Mental condition incapacity (Dedel vs. Court of Appeals, G.R. No. 151867,
2. Applies to a person who is maritally contracted to January 29, 2004).
another
3. Marriage entered into with volition
4. Failure to perform or comply with the essential Similarly, the husband’s alleged alcoholism, drunkenness,
obligations in marriage his habitual verbal and physical abuse of the wife, failure to
5. Failure to perform is chronic support the latter and her children, and unbearable jealousy,
6. Cause is psychological in nature do not constitute psychological incapacity (Republic vs.
7. Cause is serious, with juridical antecedence, and must Melgar, G.R. No. 139676,March 31, 2006).
be incurable
8. Incapacity results in the failure of the marriage. In Marcos v. Marcos (GR. NO. 136490, October 19, 2000),
the SC held that psychological incapacity may be established
Jurisprudential Guidelines (Molina Doctrine) (Republic v. by the totality of the evidence presented. The facts alleged in
Molina G.R. No. 108763, February 13, 1997): (PROBE PIG) the petition and the evidence presented, considered in
1. Plaintiff has burden of proof; totality, should be sufficient to convince the court of the
2. Root cause of the psychological incapacity must be: psychological incapacity of the party concerned. (Bernardino
a. Medically or clinically identified S. Zamora vs. CA, G.R. No. 141917, February 7, 2007)
b. Alleged in the complaint:
i. Sufficiently proven by experts
 The complete facts should allege the physical
ii. Clearly explained in the decision
manifestations, if any, as are indicative of psychological
3. Incapacity proven to be existing at the time of the
incapacity at the time of the celebration (Sec. 2(d) A.M.
celebration of marriage;
No. 02-11-10-SC, March 15, 2003)
4. Incapacity must be permanent or incurable;
5. Illness is grave enough to bring about disability to
assume essential marital obligations;  There is NO REQUIREMENT that the person sought to
6. Marital obligations refer to Art. 68–71, 220,221 and 225 be declared psychologically incapacitated should be
 personally examined by a physician/ psychologist as a of the parties to the marriage can be proved in a civil
condition sine qua non to arrive at such declaration. It case
can be proven by independent means that one is
psychologically incapacitated, There is no reason why The following can now marry each other: (LSG-CA)
the same should not be credited. (Republic of the 1. Brother–in–law and sister–in–law;
Philippines vs. Laila Tanyag-San Jose and Manolito San 2. Stepbrother and stepsister;
Jose, G.R. No. 168328, February 28, 2007) 3. Guardian and ward;
4. Adopted and illegitimate child, parents and relatives by
Psychological incapacity is not meant to comprehend all consanguinity or affinity of the adopter;
possible cases of psychoses. The fourth guideline in Molina 5. Parties who have been convicted of adultery or
requires that the psychological incapacity as understood concubinage.
under Art. 36 (FC) must be relevant to the assumption of 6. Collateral relatives by the half blood
marriage obligations, not necessarily to those not related to
marriage, like the exercise of a profession or employment in Void Subsequent Marriages
a job (Tongol vs. Tongol, G.R. No. 157610, October 19, 1. Without judicial declaration of nullity of previous void
2007). marriage (Art. 40)
2. Without judicial declaration of presumptive death of
absent spouse (Art. 41)
The new Rule promulgated by the SC on 4 March 2003 on
3. Where the absent spouse was presumed dead, and both
Annulment and Declaration of Nullity of Marriage dispensed
the present spouse and would–be spouse were in bad
with the certification from the Solicitor General, stating faith in contracting marriage (Art. 44)
therein his reasons for his agreement or opposition to the 4. Failure to comply with Art 52 requiring the partition and
petition. Attachment of expert opinions to the petition is also distribution of properties and delivery of children’s
dispensed with (Tongol vs. Tongol, G.R. No. 157610, presumptive legitimes which should be recorded in the
October 19, 2007). appropriate civil registry and registry of property after
obtaining judgment for declaration of nullity or annulment
Rule on Declaration of Absolute Nullity of Void Marriages and (Art. 53).
Annulment of Voidable Marriages (A.M. No. 02- 11- 10 SC,
March 15, 2003), provides option to the trial judge to refer the Note: Failure to record in the civil registry and registry of
case to a court- appointed psychologist/ expert for an property the judgment of annulment or of absolute nullity of
independent assessment and evaluation of the psychological the marriage, partition and distribution of the property of the
state of the parties, in order to assist the court to arrive at an spouses and the delivery of the children’s presumptive
intelligent and judicious determination of the case. legitimes shall not affect third persons (Arts. 52–53).

Note: Final judgment denying a petition for nullity on the Void and Voidable Marriage Distinguished
ground of psychological incapacity bars a subsequent Void Voidable
petition for declaration of nullity on the ground of lack of Decree of nullity Decree of annulment
Incapable of ratification Ratified by free cohabitation
marriage license. There is res judicata (Mallion vs. Alcantara,
Can be attacked directly or Can be attacked directly only
G.R. No. 141528, October 31, 2006).
collaterally
Co–ownership of properties Generally Conjugal
Incestuous marriages, whether the relationship is through joint actual Partnership or Absolute
legitimate or illegitimate, between (Art. 37): contributions Community
1. Ascendants & Descendants of any degree; Always void Valid until annulled
2. Brothers & Sisters whether full or half–blood Action for declaration of Action prescribes
nullity does not prescribe
Those contrary to public policy contracted between (Art. Only the spouses can have Those provided under Art. 47
38): (C-KA3PS3) their marriage declared void
1. Collateral blood relatives whether legitimate or starting March 15, 2003; but
illegitimate up to the 4th civil degree before such date, any
2. Step–parents & step children interested party can do so
3. Parents–in–law & children–in–law
4. The adopting parent & the adopted child Judicial Declaration of Nullity
5. The surviving spouse of the adopting parent & the The absolute nullity of a previous marriage may be invoked
adopted child for purposes of remarriage on the basis solely of a final
6. The surviving spouse of the adopted child & the adopter judgment declaring such previous marriage void (Art. 40).
7. Adopted child & a legitimate child of the adopter  Remarriage is not the sole purpose of declaration of
8. Adopted children of the same adopter nullity of a marriage as it can be declared void for other
9. Parties where one, with the intention to marry the other, purposes
killed the latter’s spouse, or his/her spouse.
 There is no need for conviction in a criminal case of
the guilty party. The fact of killing committed by one
For purposes of remarriage, the only legally acceptable basis
for declaring a previous marriage an absolute nullity is a final BIGAMOUS MARRIAGES (Art. 41)
judgment declaring such previous marriage void
 Parties to a marriage should not be permitted to judge
for themselves its nullity, only competent courts having General Rule: A marriage contracted by any person during
such authority. Prior to such declaration of nullity, the the subsistence of a previous valid marriage shall be null
validity of the first marriage is beyond question (Landicho and void (Gomez v. Lipana, GR. No. L–23214, June 30,
vs. Rolova L-22579, February 23, 1968). 1970)
 One who enters into a subsequent marriage without first .
obtaining such judicial declaration is guilty of bigamy. Exception: Before the celebration of the subsequent
This principle applies even if the earlier union is marriage, a declaration of presumptive death is obtained
characterized by statute as “void.” (Manuel vs. People, after complying with the following requirements: (JAB)
G.R. No. 165842,November 29, 2005)
 Interestingly, in Lucio Morigo vs. People, GR No. 1. Absence of the other spouse must have been for 4
145226, Feb. 6, 2004, the SC ruled that a judicial consecutive years, or 2 years where there was danger of
declaration of nullity is NOT NEEDED where NO death under circumstances laid down in Art. 391 of the
MARRIAGE CEREMONY at all was performed by a duly NCC
authorized solemnizing officer, as where the parties 2. Well-founded belief of the present spouse who wishes to
merely signed a marriage contract on their own without marry that absent spouse is already dead
the presence of the solemnizing officer 3. Judicial declaration of presumptive death; present
spouse must file a summary proceeding for the
For purposes other than remarriage, such as but not limited declaration of the presumptive death of the absentee
to determination of heirship, legitimacy or illegitimacy of a without prejudice to the latter’s reappearance
child, settlement of estate, dissolution of property regime or
criminal case, other evidence is acceptable to show the Note: This is intended to protect the present spouse from
nullity of the marriage and the court may pass upon the
criminal prosecution for bigamy under Art 349 of the Rev
validity of marriage so long as it is essential to the
Penal Code. However, if the bigamous marriage was
determination of the case (Niñal vs. Bayadog, G.R. No.
133778, March 14, 2000). committed abroad, the guilty party cannot be criminally
 Collateral attack of marriage is allowed prosecuted for bigamy in the Philippines as our penal
 In a case for concubinage, the accused need not present statutes are territorial in nature.
a final judgment declaring his marriage void, for he can
adduce evidence in the criminal case of the nullity of his Exception to the exception: If both spouses of the
marriage other than proof of a final judgment declaring subsequent marriage acted in bad faith, said marriage shall
his marriage void (Beltran vs. People, G.R. No. 137567, be void ab initio and all donations made by one in favor of
June 20, 2000). the other are revoked by operation of law. (Art. 44)

Who may file Action for Declaration of Nullity Effect of Reappearance of Absent Spouse:
Before March 15, 2003 – Any interested party can file a direct General Rule: The subsequent bigamous marriage under
case for nullity of marriage, e.g., a father can file a case for Article 41 remains valid despite reappearance of the
declaration of nullity of a bigamous marriage entered into by
absentee spouse.
his daughter and a married man.

March 15, 2003 and onwards – A petition for declaration of Exception: Subsequent marriage is automatically
absolute nullity of void marriage may be filed solely by the terminated if the reappearance was recorded in a sworn
husband or wife. A.M. 02-11-10-SC which provides for the statement in the civil registry of the residence of the parties
same is prospective in its application. (Juan de Dios Carlos to the subsequent marriage at the instance of any interested
vs. Falicidad Sandoval, G.R. No. 179922, December 16, person with due notice to said spouses, without prejudice to
2008) the fact of reappearance being judicially determined in case
such fact is disputed.

Imprescriptibility of Action for Declaration of Nullity Exception to the exception: If there was a previous
General Rule: The action or defense for the declaration of judgment annulling or declaring the first marriage a nullity,
absolute nullity of a marriage shall not prescribe (Art. 39, as the subsequent bigamous marriage remains valid.
amended by R.A. 8533 approved on February 23, 1998).
Notes:
Declaration of Nullity not a Prejudicial Question
The pendency of the civil action for nullity of marriage does  If the absentee reappears, but no step is taken to
not pose a prejudicial question in a criminal case for terminate the subsequent marriage either by affidavit or
concubinage. (Beltran vs. People, G.R. No. 137567, June by court action, such absentee’s mere reappearance,
20, 2000). This ruling applies in a case for bigamy by analogy even if made known to the spouses in the subsequent
since both crimes presuppose the subsistence of a marriage. marriage will not terminate such marriage (SSS v.
(Bobis vs. Bobis, G.R. No.138509, July 31, 2000). Bailon, G.R. No 165545, March 24, 2006).
 Judgment declaring a spouse presumptively dead is c. It is incurable;
unappealable because the proceedings thereon are d. It is unknown to the other spouse;
summary in nature as per Art. 153 FC. The remedy is e. The other spouse must not also be impotent.
special civil action for certiorari (Heirs of Maura So vs.
Obliosca, G.R. No. 147082, January 28, 2008). Doctrine of Triennial Cohabitation – Presumption that the
husband is impotent should the wife still remain a virgin
See Comparative Chart on Effects of Declaration of Nullity, for at least 3 years from time spouses started cohabiting.
Annulment and Termination of Marriage in Art. 41 and Legal 6. Sexually transmissible disease of either party found to
Separation. be serious and appears to be incurable.

Elements: (ESSA)
VOIDABLE MARRIAGES (Art. 45)
a. Existing at the time of marriage
b. Sexually transmissible disease
Grounds: (UP–FAVS) must exist AT THE TIME of c. It is serious; and
marriage d. Appears incurable
1. Age of the party in whose behalf the marriage is sought
to be annulled was 18 years of age or over but below 21, The enumeration in Article 46 is EXCLUSIVE (Anaya vs.
and the marriage was solemnized without the consent of Palaroan, GR. No. L–27930, November 26, 1970).
the parents, guardian or person exercising substitute
parental authority over the party, in that order; Note: Misrepresentation as to character, health, rank,
2. Unsound mind of either party fortune or chastity is NOT a ground for annulment.
3. Consent of either party obtained by fraudulent means as
enumerated in Art. 46: (NPSD)
a. Non–disclosure of a previous conviction by final Grounds
Persons
Prescrip-tive
judgment of the other party of a crime involving moral Who May Ratifi-cation
(F2I2NS) Period
Sue
turpitude; Force, Injured party W/in 5 years Free cohabita-
b. Concealment by the wife of the fact that at the time intimidation, from the time tion after
of the marriage, she was pregnant by a man other or undue the force, disap-
than her husband; influence intimidation, or pearance of
 Must have been done in bad faith. If the woman undue force, intimida-
did not expressly inform the man of her influence tion / undue
ceased influence
pregnancy but such physical condition was respect-tively
readily apparent to the man, he cannot claim Fraud Injured party W/in 5 years Free cohabita-
lack of knowledge thereof. (Buccat vs. Buccat, from the tion even with
G.R. No. 47101, April 25, 1941) discovery of full know-ledge
c. Concealment of a sexually transmissible disease, fraud of
regardless of its nature, existing at the time of the facts constitu-
ting the fraud
marriage; and
Incapabi-lity Injured party W/in 5 years No ratification
 Nature or gravity of disease is irrelevant; it is to consum- after the since defect is
enough that there was concealment at the time mate celebration of permanent
of the ceremony the marriage
d. Concealment of drug addiction, habitual alcoholism, Insanity Sane spouse Anytime Free cohabita-
homosexuality or lesbianism existing at the time of who has no before the tion after
the marriage know-ledge death of either insane regains
of the insanity party sanity
4. Vitiated consent of either party through force,
intimidation or undue influence
 Criminal liability attaches to anyone who uses
violence, intimidation and fraud in contracting a Relative Anytime
marriage (Art. 350 RPC) guardian or before the
5. Physical incapability of either party to consummate the persons death of either
Free cohabita-
having legal party
marriage with the other, and such incapacity continues tion after
charge of the
and appears to be incurable (impotency) insane
insane regains
 Permanent inability on the part of one of the spouses Insane During lucid
sanity
to perform the complete act of sexual intercourse, spouse interval or after
arising from physical and other causes, including regaining
psychological causes sanity
Parent/ legal Anytime
 Need not be universal; condition may exist only as to
guardian before the “no
the present spouse and not as to others having consent” party Free cohabita-
charge of the reaches 21 tion after
Non– consent “no–consent”
Requisites for annulment due to Impotence: (CUPIN) reaching age
a. It exists at the time of the celebration of the marriage; party of 21
b. It is permanent;
 ”No consent “ W/in 5 years After court grants petition, it shall issue the decree of
party after reaching absolute nullity or annulment only after compliance with the
21
following:
1. Must proceed with the liquidation, partition, and
STD Injured party W/in 5 years No ratifica-tion
after the since defect is
distribution of the properties of the spouses including
celebration of perma-nent. custody and support of the common children unless such
the marriage matters had been adjudicated in previous judicial
proceedings
Note: Whichever comes first may convalidate the marriage: 2. Delivery of the children’s presumptive legitimes
Cohabitation OR Prescription. 3. Registration of the entry of judgment granting petition for
declaration of absolute nullity or annulment in the Civil
Registry where the marriage was celebrated and in the
Additional Requirements for Annulment or Declaration
Civil Registry of the place where the FC was located
of Nullity
4. Registration of approved partition and distribution of
Prosecuting attorney or fiscal should: properties of the spouses in the proper Registry of Deeds
1. Appear on behalf of the state where the real properties are located
2. Take steps to prevent collusion between the parties
3. Take care that evidence is not fabricated or suppressed Note: The same applies to Legal Separation.
Collusion
In case of annulment or declaration of absolute nullity of
Public Prosecutor shall be ordered by the court to investigate
marriage, Art.49 of the Family Code grants visitation rights to
and to submit a report on whether parties are in collusion
a parent who is deprived of the custody of the children. Such
when:
visitation rights flow from the natural right of both parents to
1. No answer is filed or the answer does not tender an
each other’s company. There being no such parent– child
issue;
relationship between them, Gerardo has no demandable
2. Respondent filed his answer but failed to appear at the
pre-trial (Secs. 8(3) and 13(b), A.M. No. 02-11-12-SC, right to visit the child of Mario with Theresa (Concepcion vs.
March 15, 2003) CA GR. No. 12345, August 31, 2005).

Note: The same also applies to Legal Separation pursuant Rule on Declaration of Absolute Nullity of Void
to Secs. 5(c) and 10(2) of A.M. No. 02-11-11-SC, March 15, Marriages and Annulment of Voidable Marriages (A.M.
2003. 00–11–01–SC)
 This took effect on March 15, 2003.
There will be collusion only if the parties had arranged to  This Rule shall govern petitions for declaration of
make it appear that a ground existed or had been committed absolute nullity of void marriages and annulment of
although it was not, or if the parties had connived to bring voidable marriages under the Family Code of the
about a matrimonial case even in the absence of grounds Philippines.
 The Rules of Court have suppletory application.
therefor (Ocampo vs. Florenciano, GR. No. L–13553,
February 23, 1960).
For a more comprehensive discussion on the procedural
aspects of the Rule, please refer to the Remedial Law
However, petitioner’s vehement opposition to the annulment
Memory Aid.
proceedings negates the conclusion that collusion existed
between the parties. Under these circumstances, the non–
intervention of a prosecuting attorney to assure lack of LEGAL SEPARATION
collusion between the contending parties is not fatal to the
validity of the proceedings in the trial court (Tuason vs. CA, Exclusive Grounds: (SAMBA–LIPAD)
G.R. No. 116607, April 10, 1996). 1. Repeated physical violence or grossly abusive conduct
directed against the petitioner, a common child, or a child
Decision of the petitioner
No judgment on the pleadings, summary judgment, 2. Attempt of the respondent to corrupt or induce the
petitioner, a common child, or a child of the petitioner, to
confession of judgment, or judgment by default shall be
engage in prostitution, or connivance in such corruption
allowed.
or inducement
 Refers to prostitution only and irrespective of the age
If the defendant spouse fails to answer the complaint, the of the child
court CANNOT declare him or her in default. But instead, 3. Attempt by the respondent against the life of the
should order the public prosecutor to determine if collusion petitioner
exists between the parties. 4. Final judgment sentencing the respondent to
imprisonment of more than 6 years even if pardoned
Note: The same also applies to Legal Separation 5. Drug addiction or habitual alcoholism of the respondent
6. Lesbianism or homosexuality of the respondent
7. Abandonment of the petitioner by the respondent without
 justifiable cause for more than 1 year Decision
 There must be absolute cessation of marital No legal separation may be decreed unless the Court has
relations, duties, and rights, with the intention of taken steps toward the reconciliation of the spouses and is
perpetual separation (Partosa-Jo vs. CA, G.R. No. fully satisfied, despite such efforts, that reconciliation is
82606, December 18, 1992). Abandonment implies highly improbable. (Art. 59)
total renunciation of duties.
8. Physical violence or moral pressure to compel petitioner Note: The wife who has been granted legal separation
to change religious or political affiliation
cannot petition to be allowed to revert to her maiden name.
9. Contracting by respondent of a subsequent bigamous
marriage; and
10. Sexual infidelity or perversion. Even if the parents are separated de facto, still in the
absence of judicial grant of custody to one parent, both
 Sexual perversion includes engaging in such
parents are entitled to the custody of their child. The remedy
behavior not only with third persons but also with the
of habeas corpus may be resorted to by the parent who has
spouse
been deprived of the rightful custody of the child (Salientes v.
Cooling–Off Period – 6-month period from the filing of the
Abanilla, G.R. No. 162734, August 29, 2006).
petition designed to give the parties enough time to further
contemplate their positions with the end in view of attaining Note: A decree of legal separation, on the ground of
reconciliation between them. No action for Legal Separation concubinage, may issue upon proof of preponderance of
shall be tried during such period (Art. 58). It is a mandatory evidence in the action for legal separation. No criminal
requirement and its non-compliance makes the decision proceedings or conviction is necessary.
infirm. (Pacete vs. Carrianga, G.R. No. 53880, March 17,
1994) Effects of Reconciliation of the Spouses (Art. 66):
Grounds for Denial of Petition (Art. 56): 1. The legal separation proceedings, if still pending, shall
(C4–MP–DR) thereby be terminated at whatever stage.
1. Condonation of the offense or act complained of. But 2. The final decree of legal separation shall be set aside,
failure of the husband to look for his adulterous wife is but the separation of property and any forfeiture of share
NOT condonation to wife's adultery (Ocampo vs. of the guilty spouse already effected shall subsist, unless
Florenciano, G.R. No. L–13553, February 23, 1960). the spouses agree to revive their former property regime.
 The act of the husband in having sexual intercourse
with his wife in spite of his knowledge of the latter’s Revival of Property Regime (Art. 67)
infidelity is an act of implied condonation. (Ginez v. Agreement of revival and motion for its approval shall be filed
Bugayong, G.R. No. L-10033, December 28, 1956) in court in the same proceeding for legal separation and shall
2. Consent to commission of offense or act complained of be executed under oath and shall specify:
3. Connivance between parties of commission of offense or 1. Properties to be contributed anew to restored regime;
act constituting ground 2. Those to be retained as separated properties of each
 Connivance is corrupt consenting spouse;
4. Collusion between parties 3. Names of all known creditors, addresses, and amounts
 Collusion is corrupt agreement between the spouses owing to each
to procure divorce or legal separation
5. Mutual Guilt or where both parties have given ground for After due hearing, court shall take measures to protect
legal separation interest of creditors and such order shall be recorded in the
6. Prescription
proper registries of properties but the same shall not
 An action for legal separation shall be filed within 5
prejudice creditors not listed or notified, unless debtor-
years from time of occurrence of the cause (Art. 57)
7. Death of either party during the pendency of the case spouse has sufficient separate properties to satisfy creditor’s
(Lapuz–Sy vs. Eufemio, G.R. No. 113842, August 3, claim.
1994)
8. Reconciliation of the spouses during the pendency of the Rule on Legal Separation (A.M. 02–11–11–SC)
case This took effect on March 15, 2003.
 By filing in the same proceeding a joint manifestation
under oath, duly signed by the spouses (Art. 65) This Rule shall govern petitions for legal separation under
the Family Code in the Philippines; the Rules of Court shall
Effects of Filing Petition: (LDS) apply suppletorily.
1. The spouses shall be entitled to live separately from
each other Please refer to the Remedial Law Memory Aid for the
2. In the absence of an agreement between the parties, the procedural provisions of the Rule.
court shall designate the husband, the wife, or a third
person to manage the absolute community or conjugal
partnership property (Art. 61)
3. The husband shall have no more right to have sexual
intercourse with his wife.
 Termination Declaration Of Nullity Annulment Legal Separation (Art. 55)

(Art.41) (Art. 40) (Art. 45)

Marital Status

Subsequent marriage Previous marriage, void ab initio Valid until annulled or No dissolution of marriage,
automatically terminated by terminated only separation of bed-and-
affidavit of reappearance board; entitled to live
separately

Status of Children Born/Conceived Before Termination

Legitimate Illegitimate except those as Legitimate Legitimate

provided in Art. 36 and 53

Custody of Children

Custody in case of dispute shall During Pendency:

be decided by the court in
separate proceedings for 1. Written Agreement
custody but same 2. Absence thereof, court decides based on best interest of child and may award it in the following
order of preference:
considerations as in Declaration
a. Both parents jointly
of Nullity
b. Either parent, may consider choice of child over 7 years unless parent chosen is unfit
c. Surviving grandparent, if several then choice of child over 7 years unless grandparent
chosen is unfit/ disqualified
d. Eldest brother/sister over 21unless unfit/ disqualified
e. Any other person deemed by court who is suitable
After Decree:

To the innocent spouse but no child under 7 shall be separated from the mother unless there are
compelling reasons

Child Support

Support in case of dispute shall During pendency:

be decided by the court in
separate proceedings for 1. Written agreement
custody but same 2. In the absence thereof, from properties of the absolute community of property (ACP) or conjugal
partnership (CP)
considerations as in Declaration
After Decree:
of Nullity
Either parent/ both may be ordered by court to give an amount necessary for support in proportion to
resources/means of giver and necessities of recipient

Spousal Support

During pendency:

1. Written agreement
2. In the absence thereof, from properties of the ACP or CP, considered as advance to be deducted
from share during liquidation
3. Restitution if after final judgment court finds that persons providing support pendent lite is not
liable therefor (Sec. 7, Rule 61, ROC)
Property Relations

1. ACP or CP shall be dissolved and liquidated 1. ACP or CP shall be

2. If either spouse contracted marriage in bad faith, he or she has no right to any share of net profits dissolved and liquidated.
earned by ACP or CP 2. Offending spouse has no
3. Net profits shall be forfeited in favor of common children, or if none, children of guilty spouse by right to any share of net
previous marriage, or in default thereof, the innocent spouse profits earned by ACP or
4. In all other cases of void marriage, Art. 147 and 148 applies (Valdes vs. RTC) CP
3. Net profits shall be
In addition, for marriages under Art. 40 and 45: forfeited in favor of
common children, or if
1. All creditors of spouses and of the ACP or CP shall be notified of the proceedings for liquidation none, children of guilty
2. Conjugal dwelling and lot on which it is situated shall be adjudicated pursuant to Art. 102 and 129 spouse by previous
marriage, or in default
thereof, the innocent
spouse
 Presumptive Legitime

1. Delivery of presumptive legitime of all common children

computed as of date of final judgment without prejudice to
ultimate successional rights of children accruing upon death of
either or both parents
2. Shall be considered as advances on common children’s
legitime (Art. 51)
Donation Propter Nuptias

1. Shall remain valid, unless 1. Shall remain valid, unless 1. Shall remain valid, unless 1. Donor is given option to
donee contracted marriage donee contracted marriage in donee contracted revoke or not, if donor
in bad faith, in which case, bad faith, in which case, marriage in bad faith, in decides to revoke, must
donation to said donee donation to said donee shall be which case, donation to do so within 5 years from
shall be revoked by revoked by operation of law. said donee shall be finality of decree
operation of law. 2. If both spouses of subsequent revoked by operation of 2. But if ground for legal
2. If both spouses of marriage acted in bad faith, law. (Art. 43(3)) separation is sexual
subsequent marriage acted donations propter nuptias 2. No conflict with Art. 86(2) infidelity (adultery or
in bad faith, donations made by one in favor of the as such does not require concubinage), donation
propter nuptias made by other are revoked by operation that marriage be annulled between persons guilty
one in favor of the other are of law (Art. 44) first before donor may thereof at time of donation
revoked by operation of law 3. If both spouses in good faith, revoke donation – donor is void (Art. 739(1)NCC)
donor after finality of decree has 5 years from time he
may revoke pursuant to Art. had knowledge of lack of
86(1) consent; cannot revoke if
4. If marriage not celebrated: had knowledge thereof
a. Those stipulated in before the marriage (Sta.
marriage settlement are Maria, Melencio Jr. S,
void (Art. 81) Persons and Family
b. Those excluded from Relations Law, fourth
marriage settlement or if Edition, 2004)
no such contract, may be 3. Conflict with Art. 86(3)
revoked by donor (Art. but Art. 43(3) prevails –
86(1)) more in harmony with
general purpose/intent of
act (Ibid.)
Insurance Policy

Innocent spouse may revoke designation of spouse in bad faith as beneficiary even if stipulated as Innocent spouse may revoke
irrevocable (Art. 43(4)) donations made by him or her
in favor of offending spouse as
well as designation of latter as
beneficiary even if stipulated
as irrevocable (Art. 64). Action
to revoke donation must be
brought within 5 years from
finality of decree

Succession

1. Spouse in bad faith disqualified to inherit from innocent spouse by testate or intestate succession 1. Offending spouse
2. If both spouses of subsequent marriage acted in bad faith, testamentary dispositions made by one disqualified from
in favor of the other are revoked by operation of law (Art. 44) inheriting from innocent
spouse by intestate
succession
2. Provisions in favor of
offending spouse made in
the will of innocent
spouse are revoked by
operation of law (Art.
63(4))