PFR Midterm Reviewer

PERSONS AND FAMILY LAW MIDTERM REVIEWER Professor: Atty.
Mcgyver Doria ID121 T1 AY 23-24
INTRODUCTION TO THE FAMILY CODE....................................................................13

NATURE OF MARRIAGE................................................................................................................. 13
AGREEMENTS DURING AND PRIOR TO MARRIAGE; STIPULATIONS................... 14
KINDS OF REQUISITES; EFFECTS OF NON-COMPLIANCE.............................. 15
ESSENTIAL REQUISITES...............................................................................................................15
FORMAL REQUISITES................................................................................................................... 17
TABLE OF CONTENTS VALIDITY OF MARRIAGES CELEBRATED ABROAD......................................................... 21
WHEN LAW TAKES EFFECT...........................................................................................................2 COMMON-LAW MARRIAGES..................................................................................................... 22
IGNORANCE OF THE LAW............................................................................................................. 2 VOID MARRIAGES................................................................................................................ 23
RETROACTIVITY OF LAWS............................................................................................................ 2 KINDS OF VOID MARRIAGES.................................................................................................... 23
MANDATORY OR PROHIBITORY LAWS................................................................................. 3 b. PSYCHOLOGICAL INCAPACITY............................................................................................23
WAIVER OF RIGHTS..........................................................................................................................3 c. BIGAMOUS AND POLYGAMOUS MARRIAGES............................................................. 27
REPEAL OF LAWS; DOCTRINE OF OPERATIVE FACT.......................................................3 d. SUBSEQUENT MARRIAGE UPON REAPPEARANCE OF ABSENT SPOUSE... 27
JUDICIAL DECISIONS; STARE DECISIS....................................................................................4 f. INCESTUOUS.................................................................................................................................29
DUTY TO RENDER JUDGMENT...................................................................................................4 g. MARRIAGES AGAINST PUBLIC POLICY........................................................................... 29
PRESCRIPTION AND APPLICABILITY OF CUSTOM..........................................................4 h. NON-COMPLIANCE UNDER Art. 35 - RENDERS MARRIAGE VOID..................30
LEGAL PERIODS..................................................................................................................................5 WHO CAN INVOKE NULLITY....................................................................................................30
APPLICABILITY OF PENAL LAWS............................................................................................... 5 WHEN TO FILE ACTION FOR DECLARATION OF NULLITY.........................................31
BINDING EFFECT................................................................................................................................ 5 VOIDABLE MARRIAGES.................................................................................................... 36
HUMAN RELATIONS......................................................................................................................... 7 ABSENCE OF PARENTAL CONSENT.......................................................................................37
PERSONS and PERSONALITY......................................................................................................7 INSANITY..............................................................................................................................................37
COMMENCEMENT AND TERMINATION OF PERSONALITY......................................... 7 FRAUD................................................................................................................................................... 37
DEATH......................................................................................................................................................8 FORCE, INTIMIDATION AND UNDUE INFLUENCE.........................................................38
JURIDICAL PERSONS........................................................................................................................9 PHYSICAL INCAPACITY/IMPOTENCE....................................................................................39
RESTRICTIONS ON CIVIL CAPACITY........................................................................................9 AFFLICTION WITH STD................................................................................................................39
RESTRICTIONS ON CAPACITY TO ACT...................................................................................9 WHO CAN SEEK ANNULMENT.................................................................................................39
MINORITY.............................................................................................................................................. 9 PROCEDURE IN ACTIONS FOR ANNULMENT.................................................................40
INSANITY..............................................................................................................................................10 LEGAL SEPARATION & DIVORCE; MARRIAGES DISSOLVED BY A FOREIGN
DEAF-MUTISM.................................................................................................................................... 11 JUDGMENT...........................................................................................................................................41
PRODIGALITY...................................................................................................................................... 11 LEGAL SEPARATION PROPER....................................................................................... 50
CIVIL INTERDICTION....................................................................................................................... 11
FAMILY RELATIONS...........................................................................................................................11
ALIENAGE...............................................................................................................................................11
ABSENCE...............................................................................................................................................12
INSOLVENCY AND TRUSTEESHIP........................................................................................... 12
PHYSICAL INCAPACITY/DISEASE.............................................................................................12
DOMICILE AND RESIDENCE OF PERSONS.........................................................................12
1
PERSONS AND FAMILY LAW MIDTERM REVIEWER Professor: Atty. Mcgyver Doria ID121 T1 AY 23-24
● Umali v. Etanislao CASE:

August 30, 1950
Effectivity of the New Civil Code The effectivity clause of RA 7167 reads as follows: "This act ● Kasilag v. Rodriguez
shall take effect upon its approval." It was approved by the
WHEN LAW TAKES EFFECT President on 19 December 1991 and published on 14 January EXCEPTION TO THE GR - The Court ruled that good faith may
1992 in "Malaya" which is a newspaper of general circulation. be used as a basis for ignorance of laws BUT only to an extent.
The ponente notes that gross and inexcusable ignorance of the
Art. 2, NCC. Laws shall take effect after fifteen days following the This clause does not mean that the legislator may make the law may NOT be the basis of good faith while excusable ignorance
completion of their publication in the Official Gazette, unless it is law effective immediately upon approval, or on any other date may be.
otherwise provided. This Code shall take effect one year after such without its previous publication.' 'Publication is indispensable
publication. (1a) in every case. As it had no specific date of effectivity, it took RETROACTIVITY OF LAWS
effect 15 days after complete publication.
Revised Administrative Code:
● Garcillano v. HOR Art. 4, NCC. Laws shall have no retroactive effect, unless the contrary is
SECTION 18. When Laws Take Effect.—Laws shall take effect after provided. (3)
fifteen (15) days following the completion of their publication in the Publication in a website does not constitute sufficient
Official Gazette or in a newspaper of general circulation, unless it is publication. The Senate Committee violated the constitution Art. 2252, NCC. Changes made and new provisions and rules laid down
otherwise provided. by not publishing the rules in the legislative inquiry. by this Code which may prejudice or impair vested or acquired rights in
accordance with the old legislation shall have no retroactive effect.
SECTION 19. Prospectivity.—Laws shall have prospective effect unless ● DENR Employees Union v. Abad
the contrary is expressly provided. Art. 2254, NCC. No vested or acquired right can arise from acts or
The Court stated that the only instances wherein publication omissions which are against the law or which infringe upon the rights of
SECTION 21. No Implied Revival of Repealed Law.—When a law which and filing with the UP Law Center may be dispensed with are others. (n)
expressly repeals a prior law is itself repealed, the law first repealed those interpretative regulations and those merely internal in
shall not be thereby revived unless expressly so provided. nature. Art. 22, RPC. Retroactive effect of penal laws. - Penal Laws shall have a
retroactive effect insofar as they favor the persons guilty of a felony,
SECTION 22. Revival of Law Impliedly Repealed.—When a law which Regarding interpretative regulations, the Court defined the who is not a habitual criminal, as this term is defined in Rule 5 of Article
impliedly repeals a prior law is itself repealed, the prior law shall same as those which need nothing further than their bare 62 of this Code, although at the time of the publication of such laws a
thereby be revived, unless the repealing law provides otherwise. issuance for they give no real consequence more than what final sentence has been pronounced and the convict is serving the
the law itself has already prescribed. same.
SECTION 23. Ignorance of the Law.—Ignorance of the law excuses no
one from compliance therewith. Internal regulations are further defined as those regulating Art. 256, FC. This Code shall have retroactive effect insofar as it does not
only the personnel of the administrative agency and not the prejudice or impair vested or acquired rights in accordance with the
public. Civil Code or other laws.
Laws shall take effect after 15 days following their publication in the Official
Gazette unless otherwise provided (the unless clause pertains to the IGNORANCE OF THE LAW
number of days, and not publication; publication is an indispensable As a general rule, laws shall have no retroactive effect; lex prospicit, non
requirement for the effectivity of laws). respicit - the law looks forward not backward.
Art 3, NCC. Ignorance of the law excuses no one from compliance
therewith. (2) Exceptions:
CASES: (1) Procedural laws;
(2) Penal laws favorable to the accused;
● Tañada v. Tuvera There is a conclusive presumption that all know the law. This principle is (3) Unless the law otherwise provides
only applicable to mandatory or prohibitory laws, not to permissive or
The Court ruled that publication in the Official Gazette is suppletory laws. Any doubt with respect to the intention of the law must be resolved
necessary in those cases where the legislation itself does not against retroactivity. The rule is to protect vested rights.
provide for its effectivity date. Exceptions are: Art. 526 (possessor in good faith) and mistake of fact or
○ The first rule in publication of laws, therefore, is “ignorance of fact”. CASES:
that the effectivity date is what is provided under
the law. Art. 3 prevents the use of not knowing an act constitutes a violation of law ● Bernabe v. Alejo
as an excuse to escape liability and legal consequences. The goal is to
Publication of presidential issuances “of a public nature” or “of provide the general public adequate notice of the various laws which are to Art 256 of the FC provides that rights which were already
general applicability” is a requirement of due process. It is a regulate their actions and conduct. vested prior to the Code’s enactment should not be prejudiced
rule of law that before a person may be bound by law, he must or impaired.
first be officially and specifically informed of its contents. Without publication and notice, there would be no legal basis for maxim
ignoratia legis nominem excusat. (Tañada v. Tuvera) Vested rights are considered “absolute, complete and
unconditional, to which the exercise of has no obstacle” It is
immediate and perfect in itself and does not depend upon
contingency.
2
● Francisco v. CA ● In re: Yuhares Jan Barcelote Tinitigan ● Aujero v. PhilComSat
As a general rule, Art. 4 of the NCC provides that laws shall have The Family Code provides that illegitimate children shall use If it is shown that the person making the waiver did so
no retroactive effect, unless the contrary is provided. However the surname and shall be under the parental authority of their voluntarily, with full understanding of what he was doing, and
there are exceptions namely when: mother, and shall be entitled to support in conformity with the consideration for the quitclaim is credible and reasonable,
(1) the law itself expressly provides for retroactivity; this Code. However, illegitimate children may use the surname the transaction must be recognized as a valid and binding
(2) penal laws which favorable to the accused; of their father if their filiation has been expressly recognized undertaking.
(3) when laws are procedural in nature; by their father through the record of birth appearing in the civil
(4) when the law is curative in nature; and register, or when an admission in a public document or private REPEAL OF LAWS; DOCTRINE OF OPERATIVE FACT
(5) when the law creates new substantive rights. handwritten instrument is made by the father.
● Alexander v. Sps. Escalona The word 'may' shows that an acknowledged illegitimate child Art. 7, NCC. Laws are repealed only by subsequent ones, and their
is under no compulsion to use the surname of his illegitimate violation or non-observance shall not be excused by disuse, or custom
When the alienation or encumbrance of the conjugal property, father. or practice to the contrary.
without the wife’s consent, is made before the effectivity of
the Family Code, the said alienation or encumbrance is not WAIVER OF RIGHTS When the courts declared a law to be inconsistent with the
void but merely voidable. The applicable laws are Art. 166 and Constitution, the former shall be void and the latter shall govern.
173 of the Civil Code.
Art. 6, NCC. Rights may be waived, unless the waiver is contrary to law, Administrative or executive acts, orders and regulations shall be valid
However, when made after the effectivity of the Family Code, public order, public policy, morals, or good customs, or prejudicial to a only when they are not contrary to the laws or the Constitution. (5a)
it is void. The applicable law is Article 124 of the Family Code. third person with a right recognized by law. (4a)
Art. XVII, Sec. 3, 1987 Cons. All existing laws, decrees, executive orders,
MANDATORY OR PROHIBITORY LAWS Art. 2035, NCC. No compromise upon the following questions shall be proclamations, letters of instructions, and other executive issuances
valid: not inconsistent with this Constitution shall remain operative until
(1) The civil status of persons; amended, repealed, or revoked.
Art 5, NCC. Acts executed against the provisions of mandatory or (2) The validity of a marriage or a legal separation;
prohibitory laws shall be void, except when the law itself authorizes (3) Any ground for legal separation;
their validity. (4a) (4) Future support; Laws are repealed only by subsequent ones. A repeal can be express or
(5) The jurisdiction of courts; implied.
(6) Future legitime. (1814a)
Implied repeals are not favored. There must be a plain, unavoidable, and
Mandatory Prohibitory irreconcilable repugnancy between the two laws.
A right (“jus” in latin) is a power, privilege, or immunity guaranteed under a
command something to be done; command something should not constitution, statute, or decisional law, or claimed as a result of long usage. CASES:
It is a legally enforceable claim of one person against another, where one
relates to substance, affect be done
person is obliged to do or not to do a given act. ● Thornton v. Thornton
substantial rights
Rights may be waived except for that provided in Art. 2035. A repealed law may take into effect if the new law negates the
purpose or the intent of the law since there is no other legal
An act is void when it is executed against the provisions of mandatory or
Waiver is the intentional relinquishment of a known right; a party has remedy, not granting the petition would cause a grave injustice
prohibitory laws, except when the law itself authorizes their validity.
knowledge of his rights, but chooses not to assert them. towards the parties involved, especially the petitioner
CASES:
The elements of a valid waiver are: ● Araullo v. Aquino (Doctrine of Operative Fact)
(1) The existence of the right that is waived;
● Far Eastern Bank & Trust Co. v. Marquez
(2) The capacity of the person to waive such right; The Disbursement Acceleration Program (DAP) was deemed
(3) The person waiving his right has given informed consent; and unconstitutional. The Doctrine of Operative Fact was applied;
In determining whether a law is mandatory, it is necessary to
(4) Intent to waive. as a general rule, the nullification of an unconstitutional law or
ascertain the legislative intent.
act carries with it the illegality of its effects. However, in cases
CASES: where nullification of the effects will result in inequity and
Generally speaking, those provisions which are mere matter of
injustice, the operative fact doctrine may apply.
form, or which are not material, do not affect any substantial
● DM Consunji vs. CA
right, and do not relate to the essence of the thing to be done,
so that compliance is a matter of convenience rather that
A construction worker fell to his death on the job. His widow
substance, are considered to be directory.
filed a complaint for damages against the employer, DM
Consunji. Employer argues that the widow already previously
On the other hand, statutory provisions which relate to
availed of the death benefits under the Labor Code and can no
matters of substance, affect substantial rights and are the very
longer claim damages under the Civil Code. However, she did
essence of the thing required to be done, are regarded as
not know that her husband died because of the employer’s
mandatory."
negligence and that there may be civil liability. Ignorance of a
material fact negates waiver, and waiver cannot be established
by consent given under a mistake or misapprehension of fact.
3
JUDICIAL DECISIONS; STARE DECISIS DUTY TO RENDER JUDGMENT ● Barcellano v. Bañas
Barcellano maintains that the written notice is no longer

Art. 8, NCC. Judicial decisions applying or interpreting the laws or the Art. 9, NCC. No judge or court shall decline to render judgment by necessary, arguing that the purpose of the law is to ensure the
Constitution shall form a part of the legal system of the Philippines. (n) reason of the silence, obscurity or insufficiency of the laws. (6) owners of the adjoining land the intention to sell and citing
Alonzo v. Padua.
Art. 10, NCC. In case of doubt in the interpretation or application of laws,
Stare decisis derives its name from the Latin maxim stare decisis et non it is presumed that the lawmaking body intended right and justice to
quieta movere; to adhere to precedent and not to unsettle things that are The Court states that the Alonzo case does not apply to the
prevail. (n) present case, as the former had peculiar circumstances. The
settled.
strict letter of the law must apply, and departure from the
Art. 5, RPC. Duty of the court in connection with acts which should be strict letter shall only be for extraordinary reasons.
A principle underlying the decision in one case is deemed of imperative repressed but which are not covered by the law, and in cases of excessive
authority, controlling the decisions of like cases in the same court and in penalties. - Whenever a court has knowledge of any act which it may
lower courts within the same jurisdiction, unless and until the decision in PRESCRIPTION AND APPLICABILITY OF CUSTOM
deem proper to repress and which is not punishable by law, it shall
question is reversed or overruled by the Supreme Court. render the proper decision, and shall report to the Chief Executive,
through the Department of Justice, the reasons which induce the court Art. 11, NCC. Customs which are contrary to law, public order or public
Art. 8 mandates that judicial decisions assume the same authority as a to believe that said act should be made the subject of legislation. policy shall not be countenanced. (n)
statute itself and shall form part of the law of the land.
In the same way, the court shall submit to the Chief Executive, through Art. 12, NCC. A custom must be proved as a fact, according to the rules
CASES: the Department of Justice, such statement as may be deemed proper, of evidence. (n)
without suspending the execution of the sentence, when a strict
● Tala Realty Services Corp v. Banco Filipino Savings enforcement of the provisions of this Code would result in the Rules of Court Rule 129 (2), (3)
imposition of a clearly excessive penalty, taking into consideration the
The facts of the present case, save for the specific parcel of degree of malice and the injury caused by the offense. Section 1. Judicial notice, when mandatory. — A court shall take judicial
land being disputed, are identical to those obtaining in two notice, without the introduction of evidence, of the existence and
other decisions. Therefore, the doctrines of stare decisis and territorial extent of states, their political history, forms of government
conclusiveness of judgment warrant the granting of the A court has the duty to render judgment. The ignorance of the court and symbols of nationality, the law of nations, the admiralty and
petition. regarding an applicable law cannot be the basis for dismissing a case. maritime courts of the world and their seals, the political constitution
and history of the Philippines, the official acts of legislative, executive
● UCPB v. Uy The first duty of the judge is to apply the law, provided that the law is clear, and judicial departments of the Philippines, the laws of nature, the
and there is no doubt. Dura lex sed lex; The law may be harsh, but it is still measure of time, and the geographical divisions. (1a)
CA held UCPB jointly responsible with Prime Town due to a CA the law.
ruling which involved similar facts and issues. The SC held that Section 2. Judicial notice, when discretionary. — A court may take judicial
the principle of Stare Decisis can only be applied to decisions Jurisprudence cannot create law, it may only interpret it. However, notice of matters which are of public knowledge, or are capable to
made by the Supreme Court which form part of the legal whenever there is a lacuna in the law, the court must clarify and “fill in the unquestionable demonstration, or ought to be known to judges
system. blanks”. because of their judicial functions. (1a)
● Shell v. CIR CASES:

A custom is a “rule of conduct formed by repetition of acts, uniformly
Shell filed a claim for refund or tax credit with the BIR for the ● People v. Ritter observed as a social rule, legally binding and obligatory”. Principles
excise taxes it paid. CTA denied their claim due to the SC’s generally accepted even without specific provision of law may also be
pronouncement on the 2012 Shell decision. Shell filed for an Ritter was convicted of the rape-homicide of 12-year-old considered as customs.
MR which was also denied. In the meantime, the 2012 Shell Rosariot. SC acquitted due to lack of sufficient evidence -
decision was reconsidered by the Court. Shell then filed the there was failure to establish guilt beyond reasonable doubt, Customs must be proven as fact. Note however that a custom cannot be
present petition before the SC which granted its petition; the and the lack of a law that punishes pedophilia. But, as Ritter resorted to when there is a law.
doctrine of stare decisis was applied as the very same question certainly committed acts contrary to morals, good customs,
of law is to be resolved. public order or public policy (Art. 21, NCC), the Court ordered CASES:
payment of indemnity.
● Pesca v. Pesca ● Martinez v. Van Buskirk
● Alonzo v. Padua
In 1994, Lorna filed for a declaration of nullity of marriage The act of the cochero in leaving the horses was not
invoking psychological incapacity before the RTC which SC reinstated the RTC decision and applied the law on equity; unreasonable or imprudent. Where reasonable care is
declared the marriage null and void. CA reversed the decision purpose of the law was to make sure that the redemptioners employed in doing an act not itself illegal or inherently likely to
as it retroactively applied the SC’s ruling in Santos v. CA (1995) were notified, strictly adhering to the letter of the law may produce damage to others, there will be no liability, although
and Republic v. Molina (1997). cause injustice to the petitioners. It cannot be denied that the damage in fact ensues.
siblings were not aware or even curious as to why the
When a prior ruling of the Court finds itself later overruled, and petitioners had built a fence and a house within the lot and still Acts of performance which have not proved destructive or
a different view is adopted, the new doctrine may have to be assume that it is an act of a temporary possessor or mere injurious and are therefore accepted in society for so long that
applied prospectively in favor of parties who have relied on the mortgagee, taking 13 years before one of the siblings claims they have ripened into custom cannot be held to be
old doctrine and have acted in good faith in accordance their right of redemption. themselves unreasonable or imprudent.
therewith. That being said, Lorna failed to make out a case of
psychological incapacity.
4
● In the Matter of the Petition for Authority to Continue the Use of

the Firm Name ‘Ozaeta Romulo Art. 14, NCC. Penal laws and those of public security and safety shall be Art. 15, NCC. Laws relating to family rights and duties, or to the status,
obligatory upon all who live or sojourn in the Philippine territory, condition and legal capacity of persons are binding upon citizens of the
SC denied and held that as stated in Canon 33 of the subject to the principles of public international law and to treaty Philippines, even though living abroad. (9a)
Professional Ethics adopted by the American Bar Association, stipulations. (8a)
the use of a deceased partner or a former partner’s name may Art. 26, FC. All marriages solemnized outside the Philippines, in
be permissible to local custom which would not be unethical Article 17(3), NCC. Prohibitive laws concerning persons, their acts or accordance with the laws in force in the country where they were
but care should be taken that no imposition or deception may property, and those which have for their object public order, public solemnized, and valid there as such, shall also be valid in this country,
be practiced through the use of that partner’s name. In the policy and good customs shall not be rendered ineffective by laws or except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and
Philippines, there are no customs that permits or allows such judgments promulgated, or by determinations or conventions agreed 38. (17a)
practice on using a deceased partner’s name on a law firm upon in a foreign country. (11a)
partnership. Where a marriage between a Filipino citizen and a foreigner is validly
Art. 2, RPC. Application of its provisions. - Except as provided in the celebrated and a divorce is thereafter validly obtained abroad by the
● Anaban v Anaban-Alfiler treaties and laws of preferential application, the provisions of this Code alien spouse capacitating him or her to remarry, the Filipino spouse
shall be enforced not only within the Philippine Archipelago, including shall have capacity to remarry under Philippine law. (As amended by
SC held that Virginia and Pedrito were still married as per its atmosphere, its interior waters and maritime zone, but also outside Executive Order 227)
Ibaloi customs. Section 8, Rule 6 of the IRR of IPRA clearly of its jurisdiction, against those who:
stated that marriages performed in accordance with 1. Should commit an offense while on a Philippine ship or
airship Nationality rule applies regardless of place of residence. Except when the
customary laws, rites, traditions, and practices shall be divorce is validly obtained by alien spouse capacitating him to remarry, the
recognized as valid; however, it does not say anything about 2. Should forge or counterfeit any coin or currency note of
the Philippine Islands or obligations and securities issued Filipino spouse shall have capacity to remarry under Philippine law.
the dissolution of marriages.
by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction The nationality rule applies in cases of laws relating to family rights and
Furthermore, in the Philippines, there are no laws that duties, or to the status, condition and legal capacity of persons upon
recognizes the marital customs of the Ibaloi Tribe unlike those into these islands of the obligations and securities
mentioned in the presiding number; citizens of the Philippines.
who follow the religion of Islam, given the country has the
Code of Personal Muslim Laws of the Philippines. 4. While being public officers or employees, should commit
an offense in the exercise of their functions; or As opposed to the territoriality principle which shall only apply in case of
5. Should commit any of the crimes against national security penal laws.
LEGAL PERIODS
and the law of nations, defined in Title One of Book Two of
this Code. CASES:
Art. 13, NCC. When the laws speak of years, months, days or nights, it
shall be understood that years are of three hundred sixty-five days ● Tenchavez v. Escaño
each; months, of thirty days; days, of twenty-four hours; and nights Art. 14 of the NCC embodies the territoriality principle of Criminal Law -
from sunset to sunrise. our criminal law is binding on all those who live or sojourn in Philippine Escaño married Pastor Tenchavez. She later applied for a
territory. passport and went to the US and was able to get a Divorce
If months are designated by their name, they shall be computed by the Decree. She then married an American in Nevada and even
number of days which they respectively have. Art. 2 of the RPC however provides for certain acts that shall be enforced acquired American citizenship.
not only within the Philippines, but also outside its jurisdiction (generality
In computing a period, the first day shall be excluded, and the last day principle) Tenchavez filed a complaint asking for legal separation. SC
included. (7a) held that at the time the divorce decree was issued, Escaño,
CASES: like her husband, was still a Filipino citizen. She was then
Sec. 31, RAC. Legal Periods.—”Year” shall be understood to be twelve subject to Philippine law. The divorce decree was not entitled
calendar months; “month” of thirty days, unless it refers to a specific ● Del Socorro v Van Wilsem recognition as valid in this jurisdiction.
calendar month in which case it shall be computed according to the
number of days the specific month contains; “day,” to a day of Petitioner Norma A. Del Socorro and respondent Ernst Johan ● Board of Commissioners vs. de la Rosa
twenty-four hours; and “night,” from sunset to sunrise. Brinkman Van Wilsem contracted marriage in Holland and had
a son together. Unfortunately, their marriage bond ended by In this case, there being no proof of Chinese law relating to
virtue of a Divorce Decree issued by the Court of Holland. marriage, there arises a presumption that it is the same as that
CASES: Norma and her son came home to the Philippines. Van of Philippine law - lex loci celebrationis - a marriage formally
Wilsem promised to give support but never did and even valid where celebrated is valid everywhere.
● Comr. v Aichi Forging remarried in Cebu. Norma sent a letter demanding support
and filed a complaint for violation of RA 9262 (VAWC). ● Yao Kee v Gonzales
The Commissioner insisted that the administrative and judicial
claims were filed beyond the 2-year period to claim reasoning RTC dismissed as Van Wilsem was an alien. SC held that Art. 14 The validity of the marriage in accordance with Chinese
that 2004 was a leap year citing Art. 13 of the Civil Code which should apply - territoriality - as crime was committed here. custom was not proved, only the fact of marriage. Processual
provides that a year is equivalent to 365 days. CTA En Banc presumption presumes that the Chinese law is the same as
dismissed the petition. The SC held that RAC is controlling However, he was not able to prove the foreign law and prove it local laws, since the alleged marriage lacked a solemnizing
with regard to determination of what a year is due to it being as fact - doctrine of processual presumption shall apply. officer, then it is not valid.
the more recent law. The filing of the claim for tax (presumed to be the same as PH law) Even then, foreign law
refund/credit was within the reglementary period. cannot apply if it is contrary to our laws.
APPLICABILITY OF PENAL LAWS BINDING EFFECT
5
transferred to her. He also left legacy sum money for Helen

Art. 16, NCC. Real property as well as personal property is subject to the Christensen Garcia, who was declared to be his natural Art. 17, NCC. The forms and solemnities of contracts, wills, and other
law of the country where it is stipulated. daughter. public instruments shall be governed by the laws of the country in
which they are executed.
However, intestate and testamentary successions, both with respect to SC decided that the laws of the Philippines should govern.
the order of succession and to the amount of successional rights and to Given that in California, there are two sets of laws given to its When the acts referred to are executed before the diplomatic or
the intrinsic validity of testamentary provisions, shall be regulated by citizens: One is an internal law for Californians domiciled in consular officials of the Republic of the Philippines in a foreign country,
the national law of the person whose succession is under California and the other refers to Californians who live outside the solemnities established by Philippine laws shall be observed in
consideration, whatever may be the nature of the property and of the state. their execution.
regardless of the country wherein said property may be found. (10a)
The conﬂict of law rule in California, Article 946, which Prohibitive laws concerning persons, their acts or property, and those
authorizes the return of the question to the law of the which have for their object public order, public policy and good
Lex Rei Sitae customs shall not be rendered ineffective by laws or judgments
testator's domicile. Edward who is domiciled outside
California means that the law of his present domicile promulgated, or by determinations or conventions agreed upon in a
Under the 1st par., real and personal properties are subject to the law of the foreign country. (11a)
country in which they are situated. (Philippines) should govern.
The 2nd par. however provides that even if real and personal properties are ● Amos v Bellis, 20 SCRA 358 (1967) CASES:
involved, in the matter of the intestate and testate succession, the national
law of the decedent shall apply in matters relating to The illegitimate children and oppositors-appellants of ● Ambrose v Ambrose , G.R. No. 206761, June 23, 2021
(1) The order of successional rights; decedent, Amos G. Bellis, filed an appeal to question the
(2) The amount of successional rights; validity of the execution of project partition among the Paul Ambrose is an American citizen who married respondent
(3) The intrinsic validity of the provisions of the will. legitimate children in Amos Bellis’ will. The Louella Suque-Ambrose in Manila. Paul filed a declaration for
oppositors-appellants claimed that the Philippine law nullity of marriage on the ground of psychological incapacity
Renvoi Doctrine regarding legitimes should be followed since the will was which the RTC dismissed because he did not have the legal
executed in the Philippines. SC disagreed since Amos G. Bellis capacity to sue; reasoning that since Paul was an American, he
Problem arises when there is a doubt as to whether a reference to a foreign is considered as a born and natural citizen of Texas, U.S.A. was not covered by the laws on family rights and duties, status
law is a reference to the internal law of said foreign law; or a reference to thus, following Texas Law. Art. 16 provides that the capacity to and legal capacity.
the whole of the foreign law, including its conflict rules. succeed is governed by the national law of the decedent.
SC held that Art 15 of the Civil Code cannot be applicable
The Renvoi Doctrine is applied when a foreign law is in conflict with ● Tayag v Benguet Consolidated, GR L-23145, Nov. 29, 1968 because the legal capacity to get married and its
Philippine law. Best example in a case: Del Soccoro v. Van Wilsem consequences is governed by the law of the place where the
Idonah Slade Perkins, a resident of New York City, owned stock marriage was entered into. In this case the marriage was
The laws that are in conflict are the laws of giving support to a child in certificates of Benguet Consolidated Inc., a company in the conducted in the Philippines therefore Philippine law governs
Holland vs in the Philippines. The father is a Holland national, while the son Philippines. A dispute arose after her death on the ownership the marriage.
is a Filipino who is asking for support. of the stock certificates.
● Republic v Manalo, GR 221029, April 24, 2018
In Holland, parents are not required to give support. But here in the SC held Art. 16 states that unless there is interstate and
Philippines, support must be given = CONFLICT IN LAWS. testamentary succession, properties must be subject to the The reckoning point in invoking par. 2 of Art. 26 of the Family
law of the country where it is located. Since Benguet Code is not the citizenship of the parties at the time of the
But as per Art. 17 par. 3, if the law concerns persons which have for their Consolidated Inc. is located in the Philippines and Idonah celebration of the marriage, but their citizenship at the time a
object good customs (support is part of this), Philippine law should not be Slade Perkins did not leave interstate or testamentary valid divorce is obtained abroad by the alien spouse
rendered ineffective. The father was still required to give support. succession, it should follow the rule of law of the Philippines. capacitating the latter to remarry.
Doctrine of Processual Presumption ● Vda de Alcañeses v Alcañeses, G.R. No. 187847, June 30, 2021 ● Gaspi v. Pacis-Trinidad, G.R. No. 229010, November 23, 2020
Also in the Del Soccoro v. Van Wilsem case, the father was not able to prove The issue to be resolved in this case is whether Philippine laws Generally, the extrinsic validity of the will, which is the
the foreign law because he did not provide evidence for it. The Doctrine of should govern in the awarding of an international carrier's preliminary issue in probate of wills, is governed by the law of
Processual Presumption provides that if a foreign law is not proven, it will indemnity to a Filipino widow for death occurring in a foreign the country where the will was executed and presented for
be presumed to be the same as Philippine law. Thus, further strengthening country. SC held that the records reveal that Kenya had the probate. Understandably, the court where a will is presented
the Supreme Court’s decision that the father is still required to give "most significant relationship" to the conflict; thus, its law must for probate should, by default, apply only the law of the forum,
support. be applied in the transaction. as we do not take judicial notice of foreign laws.
CASES: This is the situation here. A Filipina who was subsequently

naturalized as an American executed a will in the Philippines to
● Aznar v Garcia, 7 SCRA 95 (1963) pass real property found in the country. The designated
executor now files a petition for probate in the Philippines.
Edward Christensen was born in New York then moved to
California. He then moved to the Philippines in 1913, and rarely The probate of a will however only involves its extrinsic validity
returned to California. He stayed in the country until his death. and does not delve into its intrinsic validity, therefore the law
In his will, he acknowledged Maria Lucy Christensen to be his of the country of execution shall govern.
only legitimate heir and that the remaining property will be
6
HUMAN RELATIONS Personality is the aptitude to be the subject, active or passive, of juridical
Art. 14 Art. 15 Art. 16 Art. 17 relations.
Territoriality Nationality Lex loci contractus/ Art. 19, NCC. Every person must, in the exercise of his rights and in the Classes of persons
Lex rei sitae performance of his duties, act with justice, give everyone his due, and
principle principle celebrationis
observe honesty and good faith. ● Natural - have physical existence;
Applies to Applies to laws If involves real Extrinsic validity of ● Juridical - artificial persons; product of legal fiction
Art. 20, NCC. Every person who, contrary to law, wilfully or negligently
penal laws relating to property and the will (form and causes damage to another, shall indemnify the latter for the same.
only family rights personal solemnities only) - Kinds of capacity: (Tolentino)
and duties, or property - law law of country Art. 21, NCC. Any person who wilfully causes loss or injury to another in
to the status, of country where executed manner that is contrary to morals, good customs or public policy shall
condition and where the compensate the latter for the damage. Juridical Capacity Capacity to Act
legal capacity property is
of persons situated
Fitness to be the subject of legal Power to do acts with legal effect
Principle of abuse of rights (Art. 19, NCC.)
Those who Those who are Intrinsic Intrinsic - essential relations
live or citizens of the validity of of requisites (important When the right is exercised for the sole purpose of prejudicing or injuring
sojourn in Philippines, the will (who elements) another. Note: Art. 19 and 21 requires the act to be intentional while Art. 20
does not distinguish. inherent; attaches to a person just acquired and may be lost;
the even though has the rights
Philippines living abroad to the Extrinsic - formal by the mere fact of his existence requires both intelligence to will
succession, etc) requisites (elements PERSONS and PERSONALITY
- national law that can be
of the dispensed with) CASE: Lost through death Lost through death and other
deceased causes
● SEC v. AZ 17/31 Realty, Inc.
A deceased person like Pacita cannot be an incorporator passive active

Art. 18, NCC. In matters which are governed by the Code of Commerce and because she no longer has any legal capacity to enter into
special laws, their deficiency shall be supplied by the provisions of this *union of these two forms full civil capacity
contractual relations and cannot be the subject of a right.
Code. (16a)
Juridical capacity, which is the fitness to be the subject of legal COMMENCEMENT AND TERMINATION OF PERSONALITY
CASES: relations, is lost through death. Except to answer for debts
legally demandable upon the estate, a deceased person
cannot anymore enter into any contractual relation. Art. 40, NCC. Birth determines personality; but the conceived child shall
● Llave vs Republic, GR 169766, March 30, 2011 be considered born for all purposes that are favorable to it, provided it
be born later with the conditions specified in the following article. (29a)
Sen. Tamano and Zorayda’s marriage cannot be nullified under Art. 37, NCC. Juridical capacity, which is the fitness to be the subject of
P.D. 1083. To qualify for the nullification under this law, the legal relations, is inherent in every natural person and is lost only Art. 41, NCC. For civil purposes, the foetus is considered born if it is alive
marriage must be done under the Muslim law or Muslim Code. through death. Capacity to act, which is the power to do acts with legal at the time it is completely delivered from the mother's womb.
The marriage of Sen. Tamano and Zorayda occurred in 1958. At effect, is acquired and may be lost. (n) However, if the foetus had an intra-uterine life of less than seven
that time, the Muslim Code was not yet in force because the months, it is not deemed born if it dies within twenty-four hours after
effectivity date of the Muslim Code is February 4, 1977. As Art. 38, NCC. Minority, insanity or imbecility, the state of being a its complete delivery from the maternal womb. (30a)
such, their marriage is governed by the Civil Code of 1950. deaf-mute, prodigality and civil interdiction are mere restrictions on
capacity to act, and do not exempt the incapacitated person from
● Zamoranos v People, G.R. No. 193902, June 1, 2011 certain obligations, as when the latter arise from his acts or from GR: Birth determines personality.
property relations, such as easements. (32a)
Art. 18 of the Civil Code provides that when matters governed XPN: The conceived child shall be considered born of all purposes that are
by special laws (AKA Muslim Code) are deficient, the Civil Art 39, NCC. The following circumstances, among others, modify or favorable to it.
Code shall govern. In this case, however, the Muslim Code is limit capacity to act: age, insanity, imbecility, the state of being a
sufficient and provided that when both parties are Muslim and deaf-mute, penalty, prodigality, family relations, alienage, absence, As per Art. 5 of PD 603 (The Child and Youth Welfare Code), the civil
contracted a valid Muslim marriage, it is assumed that Muslim insolvency and trusteeship. The consequences of these circumstances personality of the child shall commence from the time of his conception,
Code shall apply. are governed in this Code, other codes, the Rules of Court, and in for all purposes favorable to him with the conditions set in Art. 41: provided
special laws. Capacity to act is not limited on account of religious belief that it be born later
● Villagracia v Sharía, GR 188832, April 23, 2014 or political opinion.
Vivencio occupied a land covered in Roldan’s (a Muslim) title. A married woman, twenty-one years of age or over, is qualified for all
Roldan filed an action before the Fifth Shari’a District Court to acts of civil life, except in cases specified by law. (n)
recover the land. SC declared the decision of Shari’a Court void
for lack of jurisdiction because Vivencio is not a Muslim.
A person is every physical or moral, real or juridical and legal being
susceptible of rights and obligations of being the subject of legal relations.
7
Conditions set in Art. 41 for provisional personality of a child: ● Continental Steel v. Montano PERSONS WHO ARE CALLED TO SUCCEED EACH OTHER
SC makes it clear that there is no need to establish the civil

Less than 7 months At least 7 months personality of the fetus since her juridical capacity nor her Art. 43, NCC. If there is a doubt, as between two or more persons who
capacity to act is not an issue. The rights to bereavement leave are called to succeed each other, as to which of them died first,
Must survive for at least 24 hours If born alive it shall be considered + other death benefits in this case pertain directly to the child’s whoever alleges the death of one prior to the other, shall prove the
after its complete delivery born even if it dies within 24 parents rather than whether or not these are acquired benefits same; in the absence of proof, it is presumed that they died at the
hours after complete delivery of dependents that would be passed to those they leave same time and there shall be no transmission of rights from one to the
behind due to their death. other. (33)
*complete delivery shall mean cutting of the umbilical cord from the
mother’s womb The Constitution recognizes the life of the unborn from ROC Rule 131, Sec. 3. (jj)
conception and if cessation happens even before the child is
KINDS OF PERSONALITY delivered, it is still considered a death. Disputable presumptions. — The following presumptions are
satisfactory if uncontradicted, but may be contradicted and overcome
(1) Provisional personality - A conceived child, although as yet ● Limjoco v. Intestate Estate of Pio Fragante by other evidence:
unborn, is given by law a provisional personality of its own for
all purposes favorable to it. Provided, that it be born in Pedro Fragrante is an applicant for a certificate of public (jj) That except for purposes of succession, when two persons perish in
accordance with the conditions set in Art. 41. convenience for an ice plant. He died and so the certificate the same calamity, such as wreck, battle, or conflagration, and it is not
(2) Civil personality was issued to the Intestate Estate of Deceased Fragrante shown who died first, and there are no particular circumstances from
(3) Artificial/quasi-personality through its Special or Judicial Administrator. The SC held that which it can be inferred, the survivorship is determined from the
(4) Juridical personality an estate of a decedent is a person in legal contemplation; it is probabilities resulting from the strength and the age of the sexes,
either a natural or artificial person. according to the following rules:
DEATH 1. If both were under the age of fifteen years, the older is
● Dumlao v. Quality Plastics deemed to have survived;
2. If both were above the age sixty, the younger is deemed to
Art.42, NCC. Civil personality is extinguished by death. have survived;
Quality Plastic Products, Inc. filed a case against certain
persons including Pedro Oria who has already died. SC held 3. If one is under fifteen and the other above sixty, the
The effect of death upon the rights and obligations of the deceased is former is deemed to have survived;
that Quality Plastics were in good faith however no jurisdiction
determined by law, by contract and by will. (32a) 4. If both be over fifteen and under sixty, and the sex be
was acquired over Oria as he had no more civil personality
upon death and his juridical personality which made him different, the male is deemed to have survived, if the sex
capable of legal relations was lost through death. be the same, the older;
GR: Death extinguishes civil personality.
5. If one be under fifteen or over sixty, and the other
● Eugenio v. Velez between those ages, the latter is deemed to have survived.
XPN: Rights and obligations of the deceased can still be regulated by
contract, will, or the law.
Unaware of her death, siblings filed for a petition of habeas Article 43 provides for the survivorship rule; absent any proof, there is a
CASES: corpus which was granted. Eugenio however refused to presumption of simultaneous deaths between persons called to succeed
surrender the body, claiming legal custody of the corpse since each other - there will be no transmission of rights from one to the other.
● Geluz v. CA he was the common law husband. SC held that the siblings
had legal custody over the corpse. As provided for under Sec. However, if no successional rights are involved (involves persons who are
Even if a cause of action did accrue on behalf of the unborn 1103(b) of the Revised Administrative Code, the persons not called upon to succeed each other), Sec. 3(jj) of Rule 131 of the ROC
child that was ABORTED, it was extinguished by its pre-natal charged with the immediate duty of burying the body, will fall applies.
death because no transmission to anyone can take place from upon the nearest kin of the deceased. Provided that the
one that lacked juridical personality. deceased was unmarried. CASE:
● Quimiging v. Icao ● Berot v. Siapno ● Joaquin v. Navarro
A conceived child, although as yet unborn is given by law a Berot and Spouses Rodolfo and Lila Berot obtained a SC concluded that Angela died before her son. The CA cannot
provisional personality of its own for all purposes favorable to mortgage loan from Siapno. The Berots failed to pay the rely on statutory presumptions as when there are facts from
it, as provided in Article 40 of the Civil Code of the PH. The amount due and Macaria died without settling the debt.. which a rational conclusion can be made, the presumption
unborn child has a right to support from its progenitors, Petitioners were correct when they argued that upon Macaria does not step in, and the rule of preponderance of evidence
particularity of the defendant-appellee (Icao) even if the child Berot’s death, her legal personality ceased, and she could no controls.
is only “en ventre de sa mere” (a fetus in the utero). longer be impleaded as respondent in the foreclosure suit.
However, she may be substituted by her estate.
● De Jesus v. Syquia
● Valino v. Adriano
It is a universal rule of jurisprudence that a child, upon being
conceived, becomes a bearer of legal rights and capable of SC held that the law gives the right and duty to make funeral
being dealt with as a living person. The fact that it is yet arrangements to Rosario, she being the surviving legal wife of
unborn is no impediment to the acquisition of rights. Atty. Adriano; should there be any doubt as to the true intent
of the deceased, the law favors the legitimate family.
8
JURIDICAL PERSONS RESTRICTIONS ON CAPACITY TO ACT

4. Marriage (FC 5; 14; 45 (1); 35 (1); RA 6809, FC 79, RA
15961)
Art. 44, NCC. The following are juridical persons: Art. 38, NCC. Minority, insanity or imbecility, the state of being a
deaf-mute, prodigality and civil interdiction are mere restrictions on Art. 5, FC. Any male or female of the age of eighteen years or upwards
(1) The State and its political subdivisions; capacity to act, and do not exempt the incapacitated person from not under any of the impediments mentioned in Articles 37 and 38,
(2) Other corporations, institutions and entities for public certain obligations, as when the latter arise from his acts or from may contract marriage. (54a)
interest or purpose, created by law; their personality property relations, such as easements. (32a)
begins as soon as they have been constituted according to Art. 45, FC. A marriage may be annulled for any of the following causes,
law; Art. 39, NCC. The following circumstances, among others, modify or existing at the time of the marriage:
(3) Corporations, partnerships and associations for private limit capacity to act: age, insanity, imbecility, the state of being a
interest or purpose to which the law grants a juridical deaf-mute, penalty, prodigality, family relations, alienage, absence, (1) That the party in whose behalf it is sought to have the marriage
personality, separate and distinct from that of each insolvency and trusteeship. The consequences of these circumstances annulled was eighteen years of age or over but below twenty-one, and
shareholder, partner or member. (35a) are governed in this Code, other codes, the Rules of Court, and in the marriage was solemnized without the consent of the parents,
special laws. Capacity to act is not limited on account of religious belief guardian or person having substitute parental authority over the party,
Art. 45, NCC. Juridical persons mentioned in Nos. 1 and 2 of the or political opinion. in that order, unless after attaining the age of twenty-one, such party
preceding article are governed by the laws creating or recognizing freely cohabited with the other and both lived together as husband and
them. A married woman, twenty-one years of age or over, is qualified for all wife;
acts of civil life, except in cases specified by law. (n)
Private corporations are regulated by laws of general application on the Art. 35, FC. The following marriages shall be void from the beginning:
subject.
Art. 38 provides for some of the restrictions on one’s capacity to act. Since (1) Those contracted by any party below eighteen years of age even
Partnerships and associations for private interest or purpose are these are mere restrictions, it does not mean that the person suffering with the consent of parents or guardians;
governed by the provisions of this Code concerning partnerships. (36 therefrom is not possessed of capacity to act.
and 37a) 5. Contracts (NCC, 1327, 1390 par. 1, 1403 par. 3, 1397, 1399,
Art. 39 provides for the circumstances which modify one’s capacity to act. 1489, 1426-1427)
Art, 46, NCC. Juridical persons may acquire and possess property of all Ceases automatically Minority; Civil interdiction; Penalty
kinds, as well as incur obligations and bring civil or criminal actions, in Art. 1327, NCC. The following cannot give consent to a contract:
conformity with the laws and regulations of their organization. (38a) (1) Unemancipated minors;
Insanity; Imbecility; Deaf-mute; Prodigality
Needs a court order
Alienage; Absence; Insolvency; Trusteeship Art. 1390, NCC. The following contracts are voidable or annullable, even
Juridical persons are artificial beings to which the law grants a personality though there may have been no damage to the contracting parties:
distinct and separate from each individual member composing it and Inherent and will Family Relations (1) Those where one of the parties is incapable of giving consent to a
susceptible of rights and obligations, or of being the subject of legal continue until death contract;
relations.
Art. 1403, NCC. The following contracts are unenforceable, unless they
Their personality begins from the moment the law recognizes them or MINORITY are ratified:
creates them unless the law provides otherwise and such personality is (3) Those where both parties are incapable of giving consent to a
extinguished only in accordance with law. contract.
1. Age of Majority (RA 6809, FC 234, 236, 221, 225)
RESTRICTIONS ON CIVIL CAPACITY Art. 1489, NCC. All persons who are authorized in this Code to obligate
Emancipation takes place by the attainment of the age of majority, themselves, may enter into a contract of sale, saving the modifications
which is 18 years old as per RA 6809. Emancipation terminates contained in the following articles.
Art. 37, NCC. Juridical capacity, which is the fitness to be the subject of parental authority (civil liability for injuries and damages caused by
legal relations, is inherent in every natural person and is lost only unemancipated children.
through death. Capacity to act, which is the power to do acts with legal Where necessaries are sold and delivered to a minor or other person
effect, is acquired and may be lost. (n) without capacity to act, he must pay a reasonable price therefor.
2. Rules on Guardianship (A.M. No. 03-02-05-SC) Necessaries are those referred to in article 290. (1457a)
Juridical capacity or personality is the fitness to be the subject of legal The father and the mother shall jointly exercise legal guardianship over 6. Criminal liability (RPC 12(2),(3); 13)
relations. Capacity to act is the power to do acts with legal effect which can the person and property of their unemancipated common child
be limited or restricted by certain circumstances. without the necessity of a court appointment. Art. 12, RPC. Circumstances which exempt from criminal liability. - the
following are exempt from criminal liability:
CASE: 3. Suffrage (Sec. 1, Art. V, 1987 Constitution) (2) A person under nine years of age.
(3) A person over nine years of age and under fifteen, unless he has
● Catalan v. Basa Sec. 1. Suffrage may be exercised by all citizens of the Philippines not acted with discernment, in which case, such minor shall be proceeded
otherwise disqualified by law, who are at least eighteen years of age, against in accordance with the provisions of Art. 80 of this Code.
From scientific studies it can be deduced that a person and who shall have resided in the Philippines for at least one year and
suffering from schizophrenia does not necessarily lose his in the place wherein they propose to vote for at least six months Art. 13, RPC. Mitigating circumstances. - The following are mitigating
competence to intelligently dispose of his property. By merely immediately preceding the election. No literacy, property, or other circumstances;
alleging the existence of schizophrenia, petitioners failed to substantive requirement shall be imposed on the exercise of suffrage. (2) That the offender is under eighteen years of age or over seventy
show substantial proof that at the date of the donation. years. xxx
9
Effect of minor’s misrepresentation: (Mercado v. Espiritu) when a minor ● Atizado v. People

misrepresents his age and his features mislead the other party into Insanity Imbecility
believing that he is of age, the minor on reaching the age of majority can SC held that when the crime of murder was committed, he
no longer annul the contract on the ground of estoppel. (However, only was only 16 years old. Article 68 (2) of the Revised Penal Code One whose mental faculties are Advanced in age but has the
active misrepresentation; passive misrepresentation is allowed) states that, when an offender is over 25 and under 18 years of
diseased mental capacity of a child
age, the penalty next lower than that prescribed by law is
CASES: imposed. Thus, Monreal should have only been sentenced to between 2 to 7 years of age
reclusion temporal and not reclusion perpetua to death.
● Mercado v. Espiritu Cannot give consent to a contract, Contracts, wills or testaments
● Atup v. People make a valid will or testament consented to are voidable
Domingo and Josefa, alleging themselves to be of legal age,
executed with their sisters a deed of sale for a parcel of land. Accused that was convicted for Rape, Frustrated murder and
Robbery prays for the SC to reconsider alleging he was only 16. CASES:
SC held that the contract of sale was valid. The courts, in their
interpretation of the law, have laid down the rule that the sale SC held that the birth certificate reveals that it was not ● US v. Vaguilar
of real estate, when made by minors who pretend to be of legal authenticated by the PSA. A mere claim that petitioner is a
age who are in fact not, is valid and they will not be permitted to minor is not sufficient because the prosecution has no more SC held that the fact that a person acts crazy is not conclusive
excuse themselves from the fulfillment of their obligations opportunity to refute and present evidence to controvert that he is insane. The popular meaning of the word "crazy" is
contracted by them. petitioner's allegation of a privileged mitigating circumstance not synonymous with the legal terms "insane," "unsound
of minority after his conviction. mind," or "lunatic." A witness testified that "according to my
This case outlines an exception to the general rule that minors own eyes as he looked at me he was crazy because if he was
are without legal capacity to contract and is in line with the INSANITY not crazy he would not have killed his family." That witness’
principles of estoppel. conception of the word “crazy” evidently is the doing of some
act by a person which an ordinarily rational person would not
● Bambalan v. Maramba 1. Marriage [FC 45 (2), Art. 79] think of doing.
Isidro Bambalan was a minor who owned the land, which is Art. 45, FC. A marriage may be annulled for any of the following causes, The appellant's conduct, as it appeared from the record, is
the subject of the contract. Because of a threat to his mother existing at the time of the marriage: consistent with the acts of an enlarged criminal. It was also not
for imprisonment due to a loan, he was forced to sell the land. (2) That either party was of unsound mind, unless such party after proven satisfactorily that he was of unsound mind at the time
coming to reason, freely cohabited with the other as husband and wife; he committed the crimes.
The transaction, therefore, was void. The doctrine laid down in
the case of Mercado v. Espiritu is not applicable herein because 2. Contracts [NCC 1327 (2), 1328] ● People v. Rafanan
the minor did not pretend to be of age, his minority was well
known to the defendant and he was forced. Art. 1327, FC. The following cannot give consent to a contract: Rafanan was convicted of the crime of rape. Rafanan alleged
(2) Insane or demented persons, and deaf-mutes who do not know that he suffered from metal aberration characterized as
● Suan Chian v. Alcantara how to write. (1263a) schizophrenia when he inflicted his violent intentions upon
Ronaya.
A Deed of Sale for five parcels of land was executed by Art. 1328, FC. Contracts entered into during a lucid interval are valid.
Alcantara and his sons, Damaso and Ramon (17 yo), to Suan. Contracts agreed to in a state of drunkenness or during a hypnotic spell People v. Formigones elaborated the required standard of legal
Days later, Chiao, husband of Suan, received a letter from Atty. are voidable. (n) insanity:
Francisco Alfonso, informing them that Ramon was a minor 1. There must be a complete deprivation of
and, accordingly, the contract is void. 3. Criminal liability [RPC 12 (1), Rule 101, ROC] intelligence.
2. The accused be deprived of reason.
SC held that Suan and Chiao were informed of the minority of Art. 12, RPC. Circumstances which exempt from criminal liability. - the 3. There be no responsibility for his own acts.
Ramon and yet did not take action for nine years to protect following are exempt from criminal liability: 4. That he acts without the least discernment.
their interest. The doctrine laid down in Mercado v. Espiritu (1) An imbecile or an insane person, unless the latter has acted during a 5. There be a complete absence of power to discern;
should be applied. lucid interval. 6. There be a total deprivation of freedom of the will
● Braganza v. Villa-Abrille When the imbecile or an insane person has committed xxx a felony PH Case laws gives precedence to the Test of Cognition
(delito), the court shall order his confinement in one of the hospitals or established: Complete deprivation of intelligence in
SC found that the mother, Rosario, will still be liable to pay her asylums established for persons thus afflicted, which he shall not be committing the [criminal] act.
share in contract because the minority of her sons does not permitted to leave without first obtaining the permission of the same
release her from liability. She was ordered to pay 1/3 of court. ● Standard Oil v. Arenas
P10,000 plus the 2% interest. Minority is a personal defense
to the children. In order to hold a minor liable to the contract, Although the defendant is believed to have suffered from
the fraud must be actual and not constructive. monomania for years, medico-legal doctrine suggests that a
person’s believing himself to be what he is not is not
necessarily a proof of incapacity to bind himself in a contract.
10
● Dumaguin v. A.I Reynolds PRODIGALITY FAMILY RELATIONS
SC held that a person under guardianship for insanity may still

enter into a valid contract and even convey property, provided Acts of prodigality must show a morbid state of mind and a disposition Art. 150, FC. Family relations include those:
it is proven that at the time if entering into said contract, he to spend, waste, and lessen the estate to such an extent as is likely to (1) Between husband and wife;
was not insane or that his mental defect if mentally deranged expose the family to want of support, or to deprive the forced heirs of (2) Between parents and children;
did not interfere with or affect his capacity to appreciate the their undisposable part of the estate. (3) Among brothers and sisters, whether of the full or
meaning and significance of the transaction entered into by half-blood. (217a)
him. Sec. 2. Meaning of word "incompetent." — Under this rule, the word
"incompetent" includes persons suffering the penalty of civil Art. 87, FC. Every donation or grant of gratuitous advantage, direct or
Several months later after his discharge from the hospital, he interdiction or who are hospitalized lepers, prodigals, deaf and dumb indirect, between the spouses during the marriage shall be void, except
went to Baguio looking for work. It is to be presumed that he who are unable to read and write, those who are of unsound mind, moderate gifts which the spouses may give each other on the occasion
was then no longer insane. even though they have lucid intervals, and persons not being of of any family rejoicing. The prohibition shall also apply to persons living
unsound mind, but by reason of age, disease, weak mind, and other together as husband and wife without a valid marriage. (133a)
● People v. Lito Paña y Inandan similar causes, cannot, without outside aid, take care of themselves and
manage their property, becoming thereby an easy prey for deceit and Article 1490, NCC. The husband and the wife cannot sell property to
Under our current rule, complete deprivation of intelligence or exploitation. each other, except:
reason at the time of the commission of the crime is an (1) When a separation of property was agreed upon in the
assertion which must be proven beyond reasonable doubt. marriage settlements; or
A person who by excessive drinking, gambling, idleness, debauchery of any (2) When there has been a judicial separation of property
kind, shall waste his estate and expose himself and/or his family to under article 191. (1458a)
The insanity defense may prosper if: First, insanity must be suffering (Act. No. 190 Sec. 559). The acts of a prodigal must show a morbid
present at the time of the commission of the crime; second, state of mind and disposition to spend and lessen the estate to debris his
insanity, which is the primary cause of the criminal act, must family. Certain family relations limit the capacity for persons for some judicial acts.
be medically proven; and third, the effect of the insanity is the e.g. incestuous marriages.
inability to appreciate the nature and quality or wrongfulness Prodigality in of itself does NOT limit one's capacity to act, but one may be
of the act. put into guardianship as an incompetent as per Rule 93, Sec. 2 of the ROC. ALIENAGE
The moment he is under guardianship hois capacity to act is restricted
In this case, the defense failed to satisfy the tests. It is highly because he can only bind himself to a contract through his guardian.
crucial for the defense to present an expert who can testify on Art. XII, Sec. 7, 1987 Constitution. Save in cases of hereditary
the mental state of the accused. The sole testimony of CIVIL INTERDICTION succession, no private lands shall be transferred or conveyed except to
accused-appellant's mother was insufficient to show that his individuals, corporations, or associations qualified to acquire or hold
actions were caused by a mental illness. lands of the public domain.
Art. 34, RPC. Civil interdiction. - Civil interdiction shall deprive the
DEAF-MUTISM offender during the time of his sentence of the rights of parental
authority, or guardianship, either as to the person or property of any Foreigners cannot own private lands except in case of hereditary
ward, of marital authority, of the right to manage his property and of succession. Corporations whose capital is owned by at least 60% Filipinos
Art. 1327, NCC. The following cannot give consent to a contract: the right to dispose of such property by any act or any conveyance can own private lands.
(2) Insane or demented persons, and deaf-mutes who do not know inter vivos.
how to write. (1263a) CASE:
Art. 41, RPC. Reclusion perpetua and reclusion temporal; Their accessory
Art. 807. NCC. If the testator be deaf, or a deaf-mute, he must penalties. - The penalties of reclusion perpetua and reclusion temporal ● Cordora v. COMELEC (similar to Gana Carait case)
personally read the will, if able to do so; otherwise, he shall designate shall carry with them that of civil interdiction for life or during the
two persons to read it and communicate to him, in some practicable period of the sentence as the case may be, and that of perpetual SC held that dual citizenship is not considered as a
manner, the contents thereof. (n) absolute disqualification which the offender shall suffer even though disqualification from running for any elective local position
pardoned as to the principal penalty, unless the same shall have been because it arises when a person is simultaneously considered a
Art. 820, NCC. Any person of sound mind and of the age of eighteen expressly remitted in the pardon. national by the said states by virtue of the concurrent
years or more, and not blind, deaf or dumb, and able to read and write, application of different laws of two or more states. It is enough
may be a witness to the execution of a will mentioned in article 805 of that they file for a certificate of candidacy and swear the oath
this Code. (n) Civil interdiction is an accessory penalty to those sentenced to reclusion of allegiance.
temporal or longer (12 yrs and 1 day to 20 yrs) (RPC Art. 41), which shall
deprive the offender during said time of the rights to parental authority, ● Hussin v. Republic
We must distinguish between disability and the capacity to act. A guardianship, marital authority, the right to manage his property.
deaf-mute may be able to read and write and is sufficient mentally which The only right that a foreigner has, to be given the chance to
makes him capable of entering into contracts. become a Filipino citizen, is that which the statute confers
upon him; and to acquire such right, he must strictly comply
A deaf-mute can make a valid will so long as its contents have been with all the statutory conditions and requirements. The
communicated and made known to him in a practicable manner (NCC Art. absence of one jurisdictional requirement is fatal to the
807) But, if he cannot read or write, he cannot give consent to contracts petition as this necessarily results in the dismissal or severance
[NCC Art. 1327(2)] or personally accept or repudiate an inheritance (NCC Art. of the naturalization process.
1048)
There must always be a presumption of a sound mind (Art. 800 NCC)

11
ABSENCE (3) Presumptive - a person may be presumed death if: PHYSICAL INCAPACITY/DISEASE
- Absence of 7 years; unknown whether or not he
still lives;
CHAPTER 1 - Absence of 10 years for purposes of succession; Art. 45, FC. A marriage may be annulled for any of the following causes,
Provisional Measures in Case of Absence - If after age of 75, 5 years existing at the time of the marriage:
- Absence due to danger of death for 4 years
Art. 381. When a person disappears from his domicile, his whereabouts (extraordinary presumption) (5) That either party was physically incapable of consummating the
being unknown, and without leaving an agent to administer his marriage with the other, and such incapacity continues and appears to
property, the judge, at the instance of an interested party, a relative, or INSOLVENCY AND TRUSTEESHIP be incurable; or
a friend, may appoint a person to represent him in all that may be
necessary. (6) That either party was afflicted with a sexually-transmissible disease
An insolvent debtor is one that is generally unable to pay its debts as found to be serious and appears to be incurable. (85a)
This same rule shall be observed when under similar circumstances the they fall due in the ordinary course of business or has liabilities that are
power conferred by the absentee has expired. (181a) greater than its assets. Art. 820, NCC. Any person of sound mind and of the age of eighteen
years or more, and not blind, deaf or dumb, and able to read and write,
CHAPTER 2 Art. 1440, NCC. A person who establishes a trust is called the trustor; may be a witness to the execution of a will mentioned in article 805 of
Declaration of Absence one in whom confidence is reposed as regards property for the benefit this Code. (n)
of another person is known as the trustee; and the person for whose
Art. 384. Two years having elapsed without any news about the benefit the trust has been created is referred to as the beneficiary.
absentee or since the receipt of the last news, and five years in case Impotence or physical incapacity refers to the lack of power of copulation
the absentee has left a person in charge of the administration of his and not to mere sterility/infertility which refers to the ability to procreate.
property, his absence may be declared. (184) Once a person has become insolvent, he cannot dispose of his property The test is not the capacity to reproduce, but the capacity to copulate.
existing at the time of the commencements of the insolvency proceedings
CHAPTER 4 and no payments of property or credit can be made to him. (Sec. 18 & 24, GR: Presumption is in favor potency
Presumption of Death Act. No. 1956)
XPN: Doctrine of Triennial Cohabitation; If after 3 years of living together
Art. 390. After an absence of seven years, it being unknown whether or GENDER with her husband, the wife remained a virgin, the husband is presumed to
not the absentee still lives, he shall be presumed dead for all purposes, be impotent. The husband will have to overcome this presumption.
except for those of succession. Sec. 14, Art. II, 1987 Constitution. The State recognizes the role of women DOMICILE AND RESIDENCE OF PERSONS
in nation-building, and shall ensure the fundamental equality before
The absentee shall not be presumed dead for the purpose of opening the law of women and men.
his succession till after an absence of ten years. If he disappeared after Art. 50, NCC. For the exercise of civil rights and the fulfillment of civil
the age of seventy-five years, an absence of five years shall be RA 9710 “The Magna Carta of Women” obligations, the domicile of natural persons is the place of their habitual
sufficient in order that his succession may be opened. (n) residence. (40a)
A comprehensive women's human rights law that seeks to eliminate
Art. 391. The following shall be presumed dead for all purposes, discrimination through the recognition, protection, fulfillment, and Art. 51, NCC, When the law creating or recognizing them, or any other
including the division of the estate among the heirs: promotion of the rights of Filipino women, especially those belonging provision does not fix the domicile of juridical persons, the same shall
(1) A person on board a vessel lost during a sea voyage, or an to the marginalized sectors of society. be understood to be the place where their legal representation is
aeroplane which is missing, who has not been heard of for established or where they exercise their principal functions. (41a)
four years since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, CASE:
and has been missing for four years; For a place to be considered the domicile of a person, two facts need to be
(3) A person who has been in danger of death under other ● Capin-Cadiz vs. Brent Hospital and Colleges, Inc. proved:
circumstances and his existence has not been known for (1) The fact of residence or physical presence in a fixed place; and
four years. (n) SC held that morality is public and secular, not religious. The (2) The intention of remaining there permanently (animus
prevailing norms of conduct are those which are proscribed manendi) or the place to which he intends to return (animus
because they are detrimental to conditions upon which revertendi)
Absence is the status of a person who has left his domicile and thereafter depend on the existence and progress of human society.
his whereabouts and fate are unknown, it being uncertain whether he is Residence is a broader term. It can be permanent and thus a domicile;
already dead or still alive. Art. 136 of the Labor Code provides that it shall be unlawful for official, where one’s official duties may require him to stay; or temporary,
an employer to require as a condition for employment that a where a person sojourns for a considerable length of time.
Stages of Absence woman employee shall be deemed resigned or separated, or
otherwise prejudice a woman employee merely by reason of CASE:
(1) Provisional - when a person disappears from his domicile, his her marriage. RA 9710, the Magna Carta of Women, also
whereabouts unknown, and without leaving an agent to protects women against discrimination in all matters relating ● Romualdez-Marcos v. COMELEC
administer his property (Art. 381, NCC) to marriage and family relations, including the right to choose
(2) Declared - a person’s absence may be declared subject to the freely a spouse and to enter into marriage only with their free An individual does not lose his domicile even if he has lived
following conditions: and full consent. and maintained residences in different places. The absence
- 2 years without any news about the absentee or since from legal residence or domicile to pursue a profession, to
the receipt of the last news; OR study or to do things of a temporary or semi-permanent
- 5 years in case the absentee has left a person in nature does not constitute loss of residence.
charge of the administration of his property
12
● Pulido v. People CASES:

INTRODUCTION TO THE FAMILY CODE
RTC convicted Pulido of bigamy. CA affirmed as all the ● Oberfegell v. Hodges
elements of bigamy were present as Pulido entered into a
1. Effect and retroactivity second marriage without first having obtained a declaration of The US Supreme Court held that the right to marry is a
the nullity of the prior marriage in accordance with Art. 40 of fundamental right inherent in the liberty of the person, and
Art. 256, FC. This Code shall have retroactive effect insofar as it does not the Family Code. It held that Article 40 applied even if the under the Due Process and Equal Protection Clauses of the
prejudice or impair vested or acquired rights in accordance with the marriage of Pulido with Arcon was governed by the Civil Code. Fourteenth Amendment couples of the same-sex may not be
Civil Code or other laws. deprived of that right and that liberty.
SC held that Pulido is only required to obtain a judicial decree
of absolute nullity of his prior void ab initio marriage for ● Falcis v. Civil Registrar
The Family Code of the Philippines took effect on August 3, 1988, one year purposes of remarriage.
after publication in a newspaper of general circulation. The Court held that the person’s right to marry and choose
As regards the bigamy case, however, Pulido may raise the whom to marry are connected to the right to life and liberty.
CASES: defense of a void ab initio marriage even without obtaining a Marriage is a legal relationship, entered into through a legal
judicial declaration of absolute nullity. As the marriage was framework, and enforceable according to legal rules. However,
● Atienza v. Judge Brillantes void ab initio (wife was 16 yo), it is non-existent from the the task of devising an arrangement where same-sex relations
beginning. A judicial declaration of such is only a confirmation will earn state recognition is better left to Congress.
Respondent argues that the provision of Article 40 of the of its voidness.
Family Code does not apply to him considering that his first NATURE OF MARRIAGE
marriage took place in 1965 and was governed by the Civil
Code of the Philippines; while the second marriage took place MARRIAGE AND PERSONAL RELATIONS BETWEEN SPOUSES
in 1991 and governed by the Family Code. Art. 1, FC. Marriage is a special contract of permanent union between a
man and a woman entered into in accordance with law for the
Under Article 256 of the Family Code, said Article is given The concept of marriage establishment of conjugal and family life. It is the foundation of the
"retroactive effect insofar as it does not prejudice or impair family and an inviolable social institution whose nature, consequences,
vested or acquired rights in accordance with the Civil Code or Art. II, Sec. 12 of the 1987 Constitution. The State recognizes the sanctity and incidents are governed by law and not subject to stipulation,
other laws." This is particularly true with Article 40, which is a of family life and shall protect and strengthen the family as a basic except that marriage settlements may fix the property relations during
rule of procedure. Respondent has not shown any vested right autonomous social institution. It shall equally protect the life of the the marriage within the limits provided by this Code. (52a)
that was impaired by the application of Article 40 to his case. mother and the life of the unborn from conception. The natural and
primary right and duty of parents in the rearing of the youth for civic Sec. 3, Rule 131, ROC. Disputable presumptions. — The following
● Bernabe v. Alejo efficiency and the development of moral character shall receive the presumptions are satisfactory if uncontradicted, but may be
support of the Government. contradicted and overcome by other evidence:
SC ruled that Adrian has rights vested upon him that allow him
to file for recognition prior to the enactment of the Family Art. XV, Sec. 2 of the 1987 Constitution. Marriage, as an inviolable social (aa) That a man and woman deporting themselves as husband and
Code. Since Adrian was born when Article 285 of the Civil institution, is the foundation of the family and shall be protected by wife have entered into a lawful contract of marriage; (Semper
Code was still in effect, it grants him his rights to still file for the State. praesumitur pro matrimonio)
recognition within four years from attaining majority age.
Art. 1, FC. Marriage is a special contract of permanent union between a (bb) That property acquired by a man and a woman who are
Article 255 of the Family Code states that this code takes man and a woman entered into in accordance with law for the capacitated to marry each other and who live exclusively with each
effect as long as it does not take away rights vested upon the establishment of conjugal and family life. It is the foundation of the other as husband and wife without the benefit of marriage or under
Civil Code. family and an inviolable social institution whose nature, consequences, void marriage, has been obtained by their joint efforts, work or
and incidents are governed by law and not subject to stipulation, industry.
● Fuentes v. Roca except that marriage settlements may fix the property relations during
the marriage within the limits provided by this Code. (52a) Art. 220, NCC. In case of doubt, all presumptions favor the solidarity of
The Court held that the law that applies to this case is the the family. Thus, every intendment of law or facts leans toward the
Family Code, and not the Civil Code. Even though Tarciano Art. 149, FC. The family, being the foundation of the nation, is a basic validity of marriage, the indissolubility of the marriage bonds, the
and Rosario got married in 1950, he sold the conjugal property social institution which public policy cherishes and protects. legitimacy of children, the community of property during marriage, the
on January 11, 1989, which is a few months after the Family Consequently, family relations are governed by law and no custom, authority of parents over their children, and the validity of defense for
Code took effect on August 3, 1988 - VOID. practice or agreement destructive of the family shall be recognized or any member of the family in case of unlawful aggression.
given effect. (216a, 218a)
● Esteban v. Campano
Semper praseumitur pro matrimonio is one of the strongest presumptions
SC held that in accordance with the provisions of the Civil Marriage is a contract wherein the relation is controlled and regulated by known in law. Persons living together in apparent matrimony are presumed
Code, the transfers made without consent of the wife were the State with regards to the principles of public policy, for the benefit of to be in fact married.
voidable but ultimately held that the transfers were null and society and for the parties involved.
void. (Reading between the lines, because the transfers were The best documentary evidence of a marriage is the marriage contract.
made during the effectivity of the Family Code, thus, void.) Essentially, there are really 3 parties to a marriage: the husband, the wife, However, other evidence may be presented to prove marriage.
and the State.
13
The following may be presented as proof of marriage: ● Calimag v. Heirs of Macapaz BREACH OF PROMISE TO MARRY
(a) Testimony of a witness to the matrimony;
(b) The couple’s public and open cohabitation as husband and Heirs presented a photocopy of the marriage certificate and
wife after the alleged wedlock; the certificate of canonical marriage but were not accepted as Art. 19, FC. Every person must, in the exercise of his rights and in the
(c) The birth certificate and baptismal certificate of children born evidence of the marriage as the Rules on Evidence provide performance of his duties, act with justice, give everyone his due, and
during such union; and that wherein the subject of inquiry is information contained in observe honesty and good faith.
(d) The mention of such nuptial in subsequent documents a public document, only the original document can be
admitted as evidence. SC however held that the marriage was Art. 20, FC. Every person who, contrary to law, wilfully or negligently
CASES: proven by the respondents’ birth certificates. causes damage to another, shall indemnify the latter for the same.
● Goitia v. Campos-Rueda AGREEMENTS DURING AND PRIOR TO MARRIAGE; STIPULATIONS Art. 21, FC. Any person who wilfully causes loss or injury to another in
manner that is contrary to morals, good customs or public policy shall
SC ruled that the rule set by Art. 149 (49) is not absolute. SC compensate the latter for the damage.
held that the law will not allow a husband to terminate his Article 1, FC. Marriage is a special contract of permanent union between
obligations to his wife, especially not due to his wrongful acts a man and a woman entered into in accordance with law for the Art. 1403, FC. The following contracts are unenforceable, unless they
that resulted in his wife leaving his abode in the first place. It is establishment of conjugal and family life. It is the foundation of the are ratified:
only right that the wife has the right to compel the husband to family and an inviolable social institution whose nature, consequences, (2) Those that do not comply with the Statute of Frauds xxx. In the
support her outside the conjugal home. The obligation of the and incidents are governed by law and not subject to stipulation, following cases an agreement hereafter made shall be unenforceable
husband to support his wife is created by the act of marriage. except that marriage settlements may fix the property relations during by action, unless the same xxx be in writing, and subscribed by the
the marriage within the limits provided by this Code. (52a) party charged, or by his agent; xxx:
● Sermonia v. CA (c) An agreement made in consideration of marriage, other than a
Art. 221, FC. The following shall be void and of no effect: mutual promise to marry;
The Court held that it is more reasonable that the prescriptive (1) Any contract for personal separation between husband and wife;
period for the crime of bigamy should be counted from the (2) Every extra-judicial agreement, during marriage, for the dissolution *The statute of frauds is written legislation or common law that requires
day the offended party, the authorities, or their agencies of the conjugal partnership of gains or of the absolute community of that certain contracts be written to be valid.
discovered the bigamous marriage. property between husband and wife;
(3) Every collusion to obtain a decree of legal separation, or of PD 1083 (Muslim Code), Art. 22. Breach of contract. - Any person who
● Perido v. Perido annulment of marriage; has entered into a contract to marry but subsequently refuses without
(4) Any simulated alienation of property with intent to deprive the reasonable ground to marry the other party who is willing to perform
In the absence of proof that marriage did not take place a man compulsory heirs of their legitime. the same shall pay the latter the expenses incurred for the preparation
and a woman living together as husband and wife are of the marriage and such damages as may be granted by the court.
presumed married. Persons dwelling together in apparent Art. 75, FC. The future spouses may, in the marriage settlements, agree
matrimony are presumed, in the absence of any upon the regime of absolute community, conjugal partnership of gains,
complete separation of property, or any other regime. In the absence A breach of promise to marry per se is NOT an actionable wrong. Article 21
counter-presumption or evidence special to the case, to be in of the Civil Code may be applied-in a breach of promise to marry where the
fact married. of a marriage settlement, or when the regime agreed upon is void, the
system of absolute community of property as established in this Code woman is a victim of moral seduction.
● Silverio v. Republic shall govern. (119a)
For a breach of promise to marry to be actionable, there must be some act
independent of the breach of promise to marry such as fraud or deceit or
SC explained here that a person's sex is an essential factor in The State is a party at interest to the marriage, together with the husband expenses were actually incurred.
marriage and family relations. It is a part of a person's legal and wife, and that the relationship is one in which the State is deeply
capacity and civil status. The status of a person in law includes concerned. Thus, the law declares that the nature, consequences and CASE:
all his personal qualities and relations, more or less permanent incidents of marriage are to be governed by law and cannot be subject to ● Hermosisima v. CA
in nature, not ordinarily terminable at his own will, such as his stipulations.
being legitimate or illegitimate, or his being married or not. SC held that it cannot be said that Francisco morally seduced
There is only one aspect of marriage that can be the subject of an (in lieu of criminal seduction) Soledad as she was 10 years
● People v. de la Cruz agreement between the parties and that is, the marriage settlements may older than Francisco. Soledad had a better job experience and
fix the property relations of the spouses during the marriage. a better job overall than Francisco who was a mere apprentice.
In this case, the testimony of the accused that he was married Further still, it was admitted by Soledad herself that she
to the victim, in itself, is ample proof of such relationship as CASE: surrendered herself to Francisco and that she wanted to bind
the testimony can be taken as an admission against penal “by having a fruit of their engagement even before they had
interest. Clearly, then, as it was established that Victoriano and ● Espinosa v. Atty. Omana the benefit of clergy”.
Anna were husband and wife, Victoriano is guilty of Parricide.
Rodolfo Espinosa and his wife Elena sought Atty. Julieta ● Garcia v. Del Rosario
● Banguis-Tambuyat v. Tambuyat Omaña’s legal advice on whether they could legally live
separately and dissolve their marriage. Thus, Omaña prepared SC held that Del Rosario caused Garcia damages in her
SC held that Wenifreda is the legitimate spouse of Adriano. a document entitled "Kasunduan Ng Paghihiwalay" (contract). employment as teacher by making her resign and so he should
Documentary evidence, among others, the parties' respective indemnify her.
marriage contracts, which, together with marriage certificates, SC declared that the extrajudicial dissolution of the conjugal
are considered the primary evidence of a marital union. partnership without judicial approval is not valid and void.
14
● Wassmer v. Velez REQUISITES FOR A VALID MARRIAGE Art. 5 of the Family Code provides that the absence of any of the essential or
formal requisites shall render the marriage void ab initio, except as stated
SC held that breach of promise is not an actionable wrong in KINDS OF REQUISITES; EFFECTS OF NON-COMPLIANCE in Article 35 (2). (good faith that SO had authority)
itself but walking away two days before the wedding and after
all the wedding preparations (invitations were already sent, A defect in any of the essential requisites shall render the marriage
bridal showers given, bride-to- be's trousseau, party dresses, Art. 2. No marriage shall be valid, unless these essential requisites are voidable as provided in Article 45.
other apparel, and matrimonial bed were bought, dresses for present:
maid of honor and flower girls were already prepared) are (1) Legal capacity of the contracting parties who must be a An irregularity in the formal requisites shall not affect the validity of the
made is contrary to good morals. Velez is ordered to pay male and a female; and marriage but the party or parties responsible for the irregularity shall be
damages. civilly, criminally and administratively liable.
(2) Consent freely given in the presence of the solemnizing
● Tanjanco v. CA officer. (53a) CASE:
SC held that she was not entitled to damages as she Art. 3. The formal requisites of marriage are: ● De Mijares v. Justice Villaluz
maintained sexual relations with one year as an adult woman (1) Authority of the solemnizing officer;
which is incompatible to the idea of seduction; there was Married thrice without a declaration of nullity. Claimed that he
voluntariness and mutual passion. (2) A valid marriage license except in the cases provided for in married again to save friend from her administrative case.
Chapter 2 of this Title; and Regardless of intention, a marriage is still a marriage if all
● Baksh v. CA requisites and present.
(3) A marriage ceremony which takes place with the
SC held that it is the deceit and fraud employed by Baksh that appearance of the contracting parties before the
constitutes a violation of Article 21 of the Civil Code. His solemnizing officer and their personal declaration that ESSENTIAL REQUISITES
promise of marrying Marilou was a deceitful scheme to lure they take each other as husband and wife in the presence
her into sexual congress. His blatant disregard of Filipino of not less than two witnesses of legal age. (53a, 55a)
a. Legal Capacity
traditions on marriage and on the reputation of Filipinas is
contrary to morals, good customs, and public policy. Hence, he Art. 4. The absence of any of the essential or formal requisites shall
render the marriage void ab initio, except as stated in Article 35 (2). i. Sex
shall be liable to the damages done to Gonzales, both
emotionally and for the wedding preparation expenses.
A defect in any of the essential requisites shall render the marriage Art. 2, FC. No marriage shall be valid, unless these essential requisites
● Abanag v. Mabute voidable as provided in Article 45. are present:
(1) Legal capacity of the contracting parties who must be a
Nicolas promised to marry her and after getting her pregnant, An irregularity in the formal requisites shall not affect the validity of the male and a female; xxx
brought her to a manghihilot and forced her to abort the fetus. marriage but the party or parties responsible for the irregularity shall be
Eventually, she experienced a miscarriage due to the civilly, criminally and administratively liable. (n)
depression resulting from Nicolas’ abandonment. SC held that ii. Age
personal relations between two consenting adults is beyond Art. 5. Any male or female of the age of eighteen years or upwards not
the authority of the court; the acts complained of are mere under any of the impediments mentioned in Articles 37 and 38, may
contract marriage. (54a) Art. 5. Any male or female of the age of eighteen years or upwards not
voluntary personal affairs. To justify suspension or disbarment,
under any of the impediments mentioned in Articles 37 and 38, may
the act of the accused must be grossly immoral as to
contract marriage. (54a)
constitute a criminal act or be so unprincipled as to be The requisites of a marriage are classified into ESSENTIAL and FORMAL.
disgraceful to a high degree
Art. 35. The following marriages shall be void from the beginning:
● Cabague v. Auxilio (1) Those contracted by any party below eighteen years of
Essential (FC 2) Formal (FC 3) age even with the consent of parents or guardians;
Felipe and Geronimo alleged that Soccoro and Matias
Legal capacity Authority of the solemnizing officer Art. 234. Emancipation takes place by the attainment of majority.
promised the marriage provided they improve the Auxilio’s
house and spend for the wedding feast and the needs of the Unless otherwise provided, majority commences at the age of
bride; they spent Php700 but the Auxilio’s still refused. SC Male and female Valid marriage license eighteen years.
held that for breach of that mutual promise to marry,
Geronimo may sue Socorro for damages. Contracting marriage shall require parental consent until the age of
Consent freely given Marriage ceremony which takes
twenty-one.
place with the appearance of the
● Guevarra v. Banach contracting parties before the
Art. 344, FC. Prosecution of the crimes of adultery, concubinage,
solemnizing officer and the
Respondent failed to realize that in Wassmer, the party who seduction, abduction, rape and acts of lasciviousness. -
personal declaration that they take
sought damages did not perpetrate lies, fraud or deception, each other as husband and wife in
which would have barred recovery. Respondent's case is In cases of seduction, abduction, acts of lasciviousness and rape, the
the presence of not less than two
different, considering that he lied about his marital status and marriage of the offender with the offended party shall extinguish the
witnesses of legal age in ceremony
his true name. Such acts suffice to justify the wedding's criminal action or remit the penalty already imposed upon him. The
cancellation and are enough to conclude bad faith. provisions of this paragraph shall also be applicable to the
co-principals, accomplices and accessories after the fact of the
Since respondent himself did not act in good faith, he cannot above-mentioned crimes.
claim damages under the Civil Code.
15
iii. Absence of impediment b. Consent Freely Given by Both Spouses iv. Effect of force, intimidation and undue influence
Art. 5, FC. Any male or female of the age of eighteen years or upwards Art. 2, FC. No marriage shall be valid, unless these essential requisites Art. 45, FC. A marriage may be annulled for any of the following causes,
not under any of the impediments mentioned in Articles 37 (void for are present: existing at the time of the marriage:
being incestuous) and 38 (void for being contrary to public policy), may (2) Consent freely given in the presence of the solemnizing officer. (4) That the consent of either party was obtained by force, intimidation
contract marriage. (54a) or undue influence, unless the same having disappeared or ceased,
such party thereafter freely cohabited with the other as husband and
i. Mistake as to identity wife;
iv. Parental Consent
Art. 35, FC. The following marriages shall be void from the beginning: Art. 1335, NCC. There is violence when in order to wrest consent, serious
Art. 14. In case either or both of the contracting parties, not having been (5) Those contracted through mistake of one contracting party as to or irresistible force is employed.
emancipated by a previous marriage, are between the ages of eighteen the identity of the other; and
and twenty-one, they shall, in addition to the requirements of the There is intimidation when one of the contracting parties is compelled
preceding articles, exhibit to the local civil registrar, the consent to their Article 86, FC. Any of the following circumstances shall constitute fraud by a reasonable and well-grounded fear of an imminent and grave evil
marriage of their father, mother, surviving parent or guardian, or referred to in number 4 of the preceding article (for annulment of a upon his person or property, or upon the person or property of his
persons having legal charge of them, in the order mentioned. Such marriage): spouse, descendants or ascendants, to give his consent.
consent shall be manifested in writing by the interested party, who (1) Misrepresentation as to the identity of one of the contracting
personally appears before the proper local civil registrar, or in the form parties; To determine the degree of intimidation, the age, sex and condition of
of an affidavit made in the presence of two witnesses and attested the person shall be borne in mind.
before any official authorized by law to administer oaths. The personal
manifestation shall be recorded in both applications for marriage ii. Effect of insanity A threat to enforce one's claim through competent authority, if the
license, and the affidavit, if one is executed instead, shall be attached claim is just or legal, does not vitiate consent. (1267a)
to said applications. (61a) Art. 45, FC. A marriage may be annulled for any of the following causes, Art. 1336, NCCC. Violence or intimidation shall annul the obligation,
existing at the time of the marriage: although it may have been employed by a third person who did not
Art. 15. Any contracting party between the age of twenty-one and (2) That either party was of unsound mind, unless such party after
twenty-five shall be obliged to ask their parents or guardian for advice take part in the contract. (1268)
coming to reason, freely cohabited with the other as husband and wife;
upon the intended marriage. If they do not obtain such advice, or if it
be unfavorable, the marriage license shall not be issued till after three Art. 1337, NCC. There is undue influence when a person takes improper
months following the completion of the publication of the application advantage of his power over the will of another, depriving the latter of
iii. Effect of fraud - VOIDABLE
therefor. A sworn statement by the contracting parties to the effect a reasonable freedom of choice. The following circumstances shall be
that such advice has been sought, together with the written advice considered: the confidential, family, spiritual and other relations
given, if any, shall be attached to the application for marriage license. Art. 45. A marriage may be annulled for any of the following causes, between the parties, or the fact that the person alleged to have been
Should the parents or guardian refuse to give any advice, this fact shall existing at the time of the marriage: unduly influenced was suffering from mental weakness, or was
be stated in the sworn statement. (62a) (3) That the consent of either party was obtained by fraud, unless such ignorant or in financial distress. (n)
party afterwards, with full knowledge of the facts constituting the
Art. 45, FC. A marriage may be annulled for any of the following causes, fraud, freely cohabited with the other as husband and wife;
v. Effect of physical incapacity/impotence
existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage Art. 46. Any of the following circumstances shall constitute fraud
annulled was eighteen years of age or over but below twenty-one, and referred to in Number 3 of the preceding Article: (this list is EXCLUSIVE) Art. 45. A marriage may be annulled for any of the following causes,
the marriage was solemnized without the consent of the parents, (1) Non-disclosure of a previous conviction by final judgment existing at the time of the marriage:
guardian or person having substitute parental authority over the party, of the other party of a crime involving moral turpitude; (5) That either party was physically incapable of consummating the
in that order, unless after attaining the age of twenty-one, such party (2) Concealment by the wife of the fact that at the time of the marriage with the other, and such incapacity continues and appears to
freely cohabited with the other and both lived together as husband and marriage, she was pregnant by a man other than her be incurable; or
wife; husband;
(3) Concealment of sexually transmissible disease, regardless
of its nature, existing at the time of the marriage; or vi. Effect of affliction with STD
(4) Concealment of drug addiction, habitual alcoholism or
Parental consent Parental advice homosexuality or lesbianism existing at the time of the
marriage. Art. 45. A marriage may be annulled for any of the following causes,
18 - 21 years old 21 - 25 years old existing at the time of the marriage:
No other misrepresentation or deceit as to character, health, rank, (6) That either party was afflicted with a sexually-transmissible disease
fortune or chastity shall constitute such fraud as will give grounds for found to be serious and appears to be incurable. (85a)
Voidable Marriage license shall not be issued
till after 3 months action for the annulment of marriage. (86a)
Art. 46. Any of the following circumstances shall constitute fraud
referred to in Number 3 of the preceding Article:
(3) Concealment of sexually transmissible disease, regardless of its
nature, existing at the time of the marriage; or
16
CASES:
FORMAL REQUISITES not yet been received though the same has been required of the
● Anaya v. Palaroan person having custody thereof at least fifteen days prior to the date of
the application, such party may furnish in lieu thereof his current
a. Marriage license residence certificate or an instrument drawn up and sworn to before
The court dismissed the complaint because misrepresentation
or deceit as to chastity does not give ground for an action to the local civil registrar concerned or any public official authorized to
i. Where to apply administer oaths. Such instrument shall contain the sworn declaration
annul a marriage.
of two witnesses of lawful age, setting forth the full name, residence
● Villanueva v. CA Art. 9. A marriage license shall be issued by the local civil registrar of the and citizenship of such contracting party and of his or her parents, if
city or municipality where either contracting party habitually resides, known, and the place and date of birth of such party. The nearest of kin
Villanueva tried to annul the marriage by alleging that his except in marriages where no license is required in accordance with of the contracting parties shall be preferred as witnesses, or, in their
consent was obtained by force and intimidation. SC found that Chapter 2 of this Title. default, persons of good reputation in the province or the locality.
his job as a security guard in a bank should give way to the
reasonable assumption that he knew the rudiments of Art. 10. Marriages between Filipino citizens abroad may be solemnized The presentation of birth or baptismal certificate shall not be required if
self-defense. He also never sought for security assistance from by a consul-general, consul or vice-consul of the Republic of the the parents of the contracting parties appear personally before the
his school or from the police, neither did he inform the judge Philippines. The issuance of the marriage license and the duties of the local civil registrar concerned and swear to the correctness of the lawful
about his predicament prior to solemnizing their marriage. The local civil registrar and of the solemnizing officer with regard to the age of said parties, as stated in the application, or when the local civil
letters written by Orlando also show how he professed his love celebration of marriage shall be performed by said consular official. registrar shall, by merely looking at the applicants upon their personally
and concern for her, hardly showing any signs that he was appearing before him, be convinced that either or both of them have
merely forced or threatened into marriage. The lack of the required age. (60a)
cohabitation is also not per se a ground to annul marriage. ii. Requirements for issuance
Art. 13. In case either of the contracting parties has been previously
● Jimenez v. Cañizares married, the applicant shall be required to furnish, instead of the birth
Art. 11. Where a marriage license is required, each of the contracting or baptismal certificate required in the last preceding article, the death
parties shall file separately a sworn application for such license with the certificate of the deceased spouse or the judicial decree of the absolute
Joel prayed for a decree annulling his marriage with Remedios
proper local civil registrar which shall specify the following: divorce, or the judicial decree of annulment or declaration of nullity of
alleging that his Remedios’s vagina was too small to allow for
(1) Full name of the contracting party; his or her previous marriage.
penetration of a penis. Remedios refused to undergo physical
(2) Place of birth;
examination that would have determined her capacity for
(3) Age and date of birth; In case the death certificate cannot be secured, the party shall make an
copulation. The case was elevated to the SC which held that
(4) Civil status; affidavit setting forth this circumstance and his or her actual civil status
lone testimony of Joel that Remedios is physically incapable of
(5) If previously married, how, when and where the previous and the name and date of death of the deceased spouse. (61a)
sexual intercourse cannot satisfactorily establish Remedios’s
marriage was dissolved or annulled;
impotency. The presumption is in favor of potency.
(6) Present residence and citizenship; Art. 14. In case either or both of the contracting parties, not having been
(7) Degree of relationship of the contracting parties; emancipated by a previous marriage, are between the ages of eighteen
● Alcazar v. Alcazar
(8) Full name, residence and citizenship of the father; and twenty-one, they shall, in addition to the requirements of the
(9) Full name, residence and citizenship of the mother; and preceding articles, exhibit to the local civil registrar, the consent to their
SC held that Article 45(5) of the Family Code refers to lack of
(10) Full name, residence and citizenship of the guardian or marriage of their father, mother, surviving parent or guardian, or
power to copulate. Incapacity to consummate denotes the
person having charge, in case the contracting party has persons having legal charge of them, in the order mentioned. Such
permanent inability on the part of the spouses to perform the
neither father nor mother and is under the age of consent shall be manifested in writing by the interested party, who
complete act of sexual intercourse.
twenty-one years. personally appears before the proper local civil registrar, or in the form
No evidence was presented in the case at bar to establish that of an affidavit made in the presence of two witnesses and attested
The applicants, their parents or guardians shall not be required to before any official authorized by law to administer oaths. The personal
respondent was in any way physically incapable to
exhibit their residence certificates in any formality in connection with manifestation shall be recorded in both applications for marriage
consummate his marriage with petitioner.
the securing of the marriage license. (59a) license, and the affidavit, if one is executed instead, shall be attached
Petitioner even admitted during her cross-examination that to said applications. (61a)
she and respondent had sexual intercourse after their wedding 1. Proof of capacity
and before respondent left for abroad. Art. 21. When either or both of the contracting parties are citizens of a
foreign country, it shall be necessary for them before a marriage license
This is a simple case of a married couple being apart too long, Art. 12. The local civil registrar, upon receiving such application, shall can be obtained, to submit a certificate of legal capacity to contract
becoming strangers to each other, with the husband falling out require the presentation of the original birth certificates or, in default marriage, issued by their respective diplomatic or consular officials.
of love and distancing or detaching himself as much as thereof, the baptismal certificates of the contracting parties or copies
possible from his wife ☹ of such documents duly attested by the persons having custody of the Stateless persons or refugees from other countries shall, in lieu of the
originals. These certificates or certified copies of the documents by this certificate of legal capacity herein required, submit an affidavit stating
An unsatisfactory marriage is not a null and void marriage. Article need not be sworn to and shall be exempt from the the circumstances showing such capacity to contract marriage. (66a)
documentary stamp tax. The signature and official title of the person
issuing the certificate shall be sufficient proof of its authenticity. Article 84. No marriage license shall be issued to a widow till after three
hundred days following the death of her husband, unless in the
If either of the contracting parties is unable to produce his birth or meantime she has given birth to a child. (n)
baptismal certificate or a certified copy of either because of the
destruction or loss of the original or if it is shown by an affidavit of such
party or of any other person that such birth or baptismal certificate has
17
2. Parental advice
Art. 19. The local civil registrar shall require the payment of the fees Art. 20. The license shall be valid in any part of the Philippines for a
Art. 15. Any contracting party between the age of twenty-one and prescribed by law or regulations before the issuance of the marriage period of one hundred twenty days from the date of issue, and shall be
twenty-five shall be obliged to ask their parents or guardian for advice license. No other sum shall be collected in the nature of a fee or tax of deemed automatically canceled at the expiration of the said period if
upon the intended marriage. If they do not obtain such advice, or if it any kind for the issuance of said license. It shall, however, be issued the contracting parties have not made use of it. The expiry date shall
be unfavorable, the marriage license shall not be issued till after three free of charge to indigent parties, that is those who have no visible be stamped in bold characters on the face of every license issued.
months following the completion of the publication of the application means of income or whose income is insufficient for their subsistence
therefor. A sworn statement by the contracting parties to the effect a fact established by their affidavit, or by their oath before the local civil
that such advice has been sought, together with the written advice registrar. (65a) CASE:
given, if any, shall be attached to the application for marriage license.
Should the parents or guardian refuse to give any advice, this fact shall ● De Castro v. De Castro
be stated in the sworn statement. (62a) 7. Family planning certificate of
compliance Couple planned to get married so they applied for a marriage
license at the Civil Registrar of Pasig. Their license expired, so
3. Marriage counseling instead they executed an affidavit stating that they had been
PD 965 cohabitating for at least 5 years. (Art. 34 of the Family Code
dispenses with the need for a marriage license for a man and a
Art. 16. In the cases where parental consent or parental advice is Section 3. Certificate of Compliance. Applicants for marriage license woman who have lived together as husband and wife for at least
needed, the party or parties concerned shall, in addition to the shall, upon filing an application therefore, be obliged to receive five years and without any legal impediment to marry each other)
requirements of the preceding articles, attach a certificate issued by a instructions and information on family planning and responsible
priest, imam or minister authorized to solemnize marriage under parenthood from the Family Planning Office. Such instructions and SC held that the falsity of the affidavit cannot be considered
Article 7 of this Code or a marriage counselor duly accredited by the information may be in the form of personal instruction or in the form as a mere irregularity in the formal requisites of marriage; Their
proper government agency to the effect that the contracting parties of brochures, pamphlets, or handbooks. In places where there are no failure to obtain and present a marriage license renders their
have undergone marriage counseling. Failure to attach said certificates health officers, any person duly accredited by the Commission on marriage void ab initio.
of marriage counseling shall suspend the issuance of the marriage Population may give the instructions herein provided.
license for a period of three months from the completion of the iv. Duties of the Civil Registrar
publication of the application. Issuance of the marriage license within No marriage license shall be issued by the Local Civil Registrar unless
the prohibited period shall subject the issuing officer to administrative the applicants present a certificate, issued at no cost to the applicants,
sanctions but shall not affect the validity of the marriage. by an Office of Family Planning that they had received instructions and Art. 24. It shall be the duty of the local civil registrar to prepare the
information on family planning and responsible parenthood. documents required by this Title, and to administer oaths to all
Should only one of the contracting parties need parental consent or interested parties without any charge in both cases. The documents
parental advice, the other party must be present at the counseling If, for any reason, the information or instructions shall not have been and affidavits filed in connection with applications for marriage
referred to in the preceding paragraph. (n) given within the period required by law for the issuance of a marriage licenses shall be exempt from documentary stamp tax. (n)
license, a certification to that effect shall be given to the Civil Registrar
by the Office of Family Planning and the former shall withhold the Art. 25. The local civil registrar concerned shall enter all applications for
4. Publication issuance of the marriage license for a period of two weeks to enable marriage licenses filed with him in a registry book strictly in the order in
the Family Planning Office to give instructions and information and the which the same are received. He shall record in said book the names of
Art. 17. The local civil registrar shall prepare a notice which shall contain applicants to receive the same. At the end of such period, when no the applicants, the date on which the marriage license was issued, and
the full names and residences of the applicants for a marriage license instructions shall have been given, the Civil Registrar may issue the such other data as may be necessary. (n)
and other data given in the applications. The notice shall be posted for marriage license.
ten consecutive days on a bulletin board outside the office of the local CASES:
civil registrar located in a conspicuous place within the building and Section 5. Penalties. Any member of the Office of Family planning who
accessible to the general public. This notice shall request all persons fails or refuses without just cause to give the instructions and the
certificate herein provided: any local Civil Registrar who issues the ● Alcantara v. Alcantara
having knowledge of any impediment to the marriage to advise the
local civil registrar thereof. The marriage license shall be issued after marriage license without the requisite certification from the Office of
Family Planning, or any person who obtains the certificate fraudulently, SC held that the absence of such a marriage license must be
the completion of the period of publication. (63a) apparent on the marriage contract, or at the very least,
shall be subject to appropriate administrative or criminal charges.
supported by a certification from the local civil registrar that no
5. Investigation of impediments RA 10354; The Responsible Parenthood & Reproductive Health Act of 2012 such marriage license was issued to the parties.
Sec. 15. Certificate of Compliance. – No marriage license shall be issued In this case, the marriage contract between the parties reflects
Art. 18. In case of any impediment known to the local civil registrar or by the Local Civil Registrar unless the applicants present a Certificate of a marriage license number. A certification to this was also
brought to his attention, he shall note down the particulars thereof and Compliance issued for free by the local Family Planning Office issued by the local civil registrar of Carmona, Cavite. This
his findings thereon in the application for marriage license, but shall certifying that they had duly received adequate instructions and certification was also precise in that it identified the parties to
nonetheless issue said license after the completion of the period of information on responsible parenthood, family planning, breastfeeding whom the marriage license was issued, validating the fact that
publication, unless ordered otherwise by a competent court at his own and infant nutrition. a license was in fact issued to the parties herein.
instance or that of any interest party. No filing fee shall be charged for
the petition nor a corresponding bond required for the issuances of the There is a presumption that official duty has been performed
order. (64a) and the issuance of a marriage license was done in the regular
conduct of official business.
6. Payment of fees iii. Place where valid; period of validity ● Abbas v. Abbas
18
Syed presented a certification issued by the Municipal Civil (1) In cases where either or both the parties are at the point of years and without any legal impediment to marry each other. The
Registrar (MCR) stating that they do not hold any record of a death; contracting parties shall state the foregoing facts in an affidavit before
marriage license for Gloria and Syed. RTC declared the (2) If the residence of either party is where there are no means of any person authorized by law to administer oaths. The solemnizing
marriage void ab initio. CA reversed RTC’s decision, transportation to appear personally before the local civil officer shall also state under oath that he ascertained the qualifications
questioning the probative value of the MCR’s certification. SC registrar; of the contracting parties are found no legal impediment to the
reversed CA’s decision and reinstated RTC’s decision. (probative (3) Marriages among muslims or of ethnic cultural communities marriage. (76a)
value refers to the question of whether the admitted evidence provided they are solemnized according to their customs, rites,
proves an issue) or practices; For Article 34 to apply, the requirement is that the 5 year period is
(4) Marriages of a man and woman who have lived together for at continuous and unbroken before the marriage was celebrated.
As custodians of public documents, civil registrars are public least 5 years and without any legal impediment to marry each
officers charged w/ the duty of maintaining a register book other. CASES:
where they are required to enter all applications for marriage
licenses, including the names of the applicants, the date the Articulo mortis means at the point of death. ● Niñal v. Bayadog
marriage license was issued and such other relevant data.
Therefore, certifications issued by them enjoy probative value. SC held that Pepito and Norma’s marriage is void ab initio. The
Art. 27. In case either or both of the contracting parties are at the point
of death, the marriage may be solemnized without necessity of a 5-year period immediately before the day of marriage should
● Kho v. Republic be a period of cohabitation characterized by exclusivity; no
marriage license and shall remain valid even if the ailing party
subsequently survives. (72a) third party should have been involved at ANYTIME.
Petitioner was able to present a Certification issued by the
Municipal Civil Registrar attesting that the Office of the Local ● Republic v. Dayot
Civil Registrar has no record nor copy of the marriage license Art. 28. If the residence of either party is so located that there is no
issued in favor of Raquel G. Kho (petitioner) and Veronica M. means of transportation to enable such party to appear personally
before the local civil registrar, the marriage may be solemnized without It has been established that Jose and Felisa have not lived
Borata (respondent). The only conclusion that can be reached together for 5 years at the time they executed their affidavit. It
is that no valid marriage license was ever issued. necessity of a marriage license. (72a)
was admitted that they have only been living together since
Art. 29. In the cases provided for in the two preceding articles, the June 1986, barely 5 months before the celebration of their
● Cariaga v. the Republic marriage.
solemnizing officer shall state in an affidavit executed before the local
It is clear that the issuance of a valid marriage license civil registrar or any other person legally authorized to administer oaths
that the marriage was performed in articulo mortis or that the residence b. Authority of the solemnizing officer
presupposes the submission of a sworn application duly
verified and entered by the local civil registrar in the Register of either party, specifying the barrio or barangay, is so located that
there is no means of transportation to enable such party to appear i. Who are authorized
of Applications for Marriage License. In other words, no valid
marriage license can be issued unless the requisite application personally before the local civil registrar and that the officer took the
is properly filed and entered in the Register of Applications for necessary steps to ascertain the ages and relationship of the Art. 7. Marriage may be solemnized by:
Marriage License of the locality where the application is filed. contracting parties and the absence of legal impediment to the (1) Any incumbent member of the judiciary within the court’s
marriage. (72a) jurisdiction;
The absence of the proper entry in the Register of Applications (2) Any priest, rabbi, imam, or minister of any church or
for Marriage License necessarily implies the absence of a Art. 30. The original of the affidavit required in the last preceding article, religious sect duly authorized by his church or religious sect
marriage license. together with the legible copy of the marriage contract, shall be sent by and registered with the civil registrar general, acting within
the person solemnizing the marriage to the local civil registrar of the the limits of the written authority granted by his church or
municipality where it was performed within the period of thirty days religious sect and provided that at least one of the
after the performance of the marriage. (75a) contracting parties belongs to the solemnizing officer’s
church or religious sect;
Art. 31. A marriage in articulo mortis between passengers or crew (3) Any ship captain or airplane chief only in the case
members may also be solemnized by a ship captain or by an airplane mentioned in Article 31;
pilot not only while the ship is at sea or the plane is in flight, but also (4) Any military commander of a unit to which a chaplain is
during stopovers at ports of call. (74a) assigned, in the absence of the latter, during a military
operation, likewise only in the cases mentioned in Article
Art. 32. A military commander of a unit, who is a commissioned officer, 32;
shall likewise have authority to solemnize marriages in articulo mortis (5) Any consul-general, consul or vice-consul in the case
between persons within the zone of military operation, whether provided in Article 10. (56a)
members of the armed forces or civilians. (74a)
Art. 10. Marriages between Filipino citizens abroad may be solemnized
Art. 33. Marriages among Muslims or among members of the ethnic by a consul-general, consul or vice-consul of the Republic of the
cultural communities may be performed validly without the necessity Philippines. The issuance of the marriage license and the duties of the
of marriage license, provided they are solemnized in accordance with local civil registrar and of the solemnizing officer with regard to the
their customs, rites or practices. (78a) celebration of marriage shall be performed by said consular official.
(75a)
v. Marriages exempt from marriage license Art. 34. No license shall be necessary for the marriage of a man and a In accordance with the Local Government Code, the Mayor, along with
requirements woman who have lived together as husband and wife for at least five the Acting Mayor may also solemnize marriages.
19
ii. Manner of authorization Judge Daguman’s jurisdiction covers Sta. Margarita-Tarangan,

Pagsanjan, Samar, yet he solemnized a wedding in Calbayog Art. 3. The formal requisites of marriage are:
City, Samar. (3) A marriage ceremony which takes place with the appearance of the
Art. 7. Marriage may be solemnized by: contracting parties before the solemnizing officer and their personal
(2) Any priest, rabbi, imam, or minister of any church or religious sect Article 7 of the Family Code provides that marriage may be declaration that they take each other as husband and wife in the
duly authorized by his church or religious sect and registered with the solemnized by, “Any incumbent member of the judiciary with presence of not less than two witnesses of legal age.
civil registrar general, acting within the limits of the written authority the court’s jurisdiction”. In relation thereto, according to Article
granted by his church or religious sect and provided that at least one of 8 of the Family Code, there are only three instances with which Art. 6. No prescribed form or religious rite for the solemnization of the
the contracting parties belongs to the solemnizing officer’s church or a judge may solemnize a marriage outside of his jurisdiction: marriage is required. It shall be necessary, however, for the contracting
religious sect; (1) when either or both the contracting parties is at parties to appear personally before the solemnizing officer and declare
the point of death; in the presence of not less than two witnesses of legal age that they
(2) when the residence of either party is located in a take each other as husband and wife. This declaration shall be
iii. Effect of absence of authority v. effect of contained in the marriage certificate which shall be signed by the
irregularity remote place;
(3) where both of the parties request the solemnizing contracting parties and their witnesses and attested by the solemnizing
officer in writing in which case the marriage may officer.
Art. 4. The absence of any of the essential or formal requisites shall be solemnized at a house or place designated by
render the marriage void ab initio, except as stated in Article 35 (2). them in a sworn statement to that effect. In case of a marriage in articulo mortis, when the party at the point of
death is unable to sign the marriage certificate, it shall be sufficient for
A defect in any of the essential requisites shall render the marriage Not only that, Judge Daguman also did not retain a copy and one of the witnesses to the marriage to write the name of said party,
voidable as provided in Article 45. did not register the marriage contract with the office of the which fact shall be attested by the solemnizing officer. (55a)
Local Civil Registrar. The judge committed negligence.
An irregularity in the formal requisites shall not affect the validity of the There is no prescribed form or religious rite for a marriage ceremony.
marriage but the party or parties responsible for the irregularity shall be ● Navarro v. Domagtoy However, the following must be met:
civilly, criminally and administratively liable. (n) (1) Appearance of the contracting parties before the solemnizing
SC held that the presumption of death for purposes of officer;
Art. 35. The following marriages shall be void from the beginning: marriage requires a summary proceeding (Art. 41 FC). Affidavits (2) Their personal declaration that they take each other as
(2) Those solemnized by any person not legally authorized to perform claiming that a person has not been heard of for more than husband and wife;
marriages unless such marriages were contracted with either or both seven years are not sufficient proof of the person‘s death. The (3) In the presence of not less than 2 witnesses of legal age
parties believing in good faith that the solemnizing officer had the legal second marriage, on the other hand, is beyond the judge's
authority to do so; jurisdiction. Only appellate and SC justices have jurisdiction ii. Place for ceremony
over the entire country. Judges with specific jurisdictions can
Article 352, RPC. Performance of illegal marriage ceremony. - Priests or only officiate within those areas.
ministers of any religious denomination or sect, or civil authorities who Art.. 8. The marriage shall be solemnized publicly in the chambers of
shall perform or authorize any illegal marriage ceremony shall be ● Arañes v. Occiano the judge or in open court, in the church, chapel or temple, or in the
punished in accordance with the provisions of the Marriage Law. office the consul-general, consul or vice-consul, as the case may be,
SC held that a marriage which preceded the issuance of the and not elsewhere, except in cases of marriages contracted on the
marriage license is void, and that the subsequent issuance of point of death or in remote places in accordance with Article 29 of this
iv. Duties of solemnizing officer such license cannot render valid or even add an iota of validity Code, or where both of the parties request the solemnizing officer in
to the marriage. writing in which case the marriage may be solemnized at a house or
Art. 23. It shall be the duty of the person solemnizing the marriage to
furnish either of the contracting parties the original of the marriage place designated by them in a sworn statement to that effect. (57a)
● Tenchavez v. Escaño
certificate referred to in Article 6 and to send the duplicate and
triplicate copies of the certificate not later than fifteen days after the Art. 28. If the residence of either party is so located that there is no
The Court said the chaplain's alleged lack of authorization from means of transportation to enable such party to appear personally
marriage, to the local civil registrar of the place where the marriage was
the parish priest, as required by Canon law, is irrelevant in our before the local civil registrar, the marriage may be solemnized without
solemnized. Proper receipts shall be issued by the local civil registrar to
civil law; thus he has authority. necessity of a marriage license. (72a)
the solemnizing officer transmitting copies of the marriage certificate.
The solemnizing officer shall retain in his file the quadruplicate copy of
● Ronulo v. People Art. 29. In the cases provided for in the two preceding articles, the
the marriage certificate, the copy of the marriage certificate, the
original of the marriage license and, in proper cases, the affidavit of the solemnizing officer shall state in an affidavit executed before the local
The couple requested the petitioner, an Aglipayan priest, to civil registrar or any other person legally authorized to administer oaths
contracting party regarding the solemnization of the marriage in place
perform a ceremony to which the latter agreed despite having that the marriage was performed in articulo mortis or that the
other than those mentioned in Article 8. (68a)
been informed by the couple that they had no marriage residence of either party, specifying the barrio or barangay, is so
certificate. SC ruled Ronulo conducted an illegal marriage and located that there is no means of transportation to enable such party
Art. 24. It shall be the duty of the local civil registrar to prepare the
was held guilty of violating Article 352 of the RPC; fined to appear personally before the local civil registrar and that the officer
documents required by this Title, and to administer oaths to all
Php200. took the necessary steps to ascertain the ages and relationship of the
interested parties without any charge in both cases. The documents
and affidavits filed in connection with applications for marriage contracting parties and the absence of legal impediment to the
licenses shall be exempt from documentary stamp tax. (n) marriage. (72a)
CASES: c. Marriage ceremony Art. 33. Marriages among Muslims or among members of the ethnic
cultural communities may be performed validly without the necessity
● Beso v. Daguman i. Form of ceremony of marriage license, provided they are solemnized in accordance with
20
There was no actual marriage ceremony performed between

their customs, rites or practices. (78a) Lucio and Lucia by a solemnizing officer, they only signed the Art. 15. Laws relating to family rights and duties, or to the status,
marriage contract without the presence of a solemnizing condition and legal capacity of persons are binding upon citizens of the
officer; the mere private act of signing a marriage contract Philippines, even though living abroad. (9a)
iii. Issuance of marriage certificate
bears no semblance to a valid marriage, and thus needs no
judicial declaration of nullity. Art. 17, par. 3. Prohibitive laws concerning persons, their acts or property,
Art. 22. The marriage certificate, in which the parties shall declare that and those which have for their object public order, public policy and
they take each other as husband and wife, shall also state: Thus, there was no marriage to begin with, the declaration of good customs shall not be rendered ineffective by laws or judgments
(1) The full name, sex and age of each contracting party; nullity retroacts to the date of the first marriage. Accused was promulgated, or by determinations or conventions agreed upon in a
(2) Their citizenship, religion and habitual residence; acquitted of bigamy. foreign country. (11a)
(3) The date and precise time of the celebration of the
marriage; ● Madridejo v. De Leon As to the essential requisites of marriage, the Nationality Principle shall
(4) That the proper marriage license has been issued govern.
according to law, except in marriage provided for in The parish priest who married Pedro and Flaviana failed to
Chapter 2 of this Title; send a copy of the marriage certificate to the municipality b. Special rule in marriage
(5) That either or both of the contracting parties have secured secretary, but the marriage remained valid since they did not
the parental consent in appropriate cases; lack the essential requisites. The existence of the original i. Lex loci celebrationis
(6) That either or both of the contracting parties have marriage certificate is enough to prove the marriage.
complied with the legal requirement regarding parental
advice in appropriate cases; and ● People v. Borromeo Art. 26. All marriages solemnized outside the Philippines, in accordance
(7) That the parties have entered into marriage settlement, if with the laws in force in the country where they were solemnized, and
any, attaching a copy thereof. (67a) Elias Borromeo killed his wife Susana. He argues that their valid there as such, shall also be valid in this country, except those
marriage was not valid. Accused himself admitted under oath prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)
Art. 23. It shall be the duty of the person solemnizing the marriage to that she was his legitimate wife. There is also the presumption
furnish either of the contracting parties the original of the marriage of marriage, since they lived together (with a child!). Where a marriage between a Filipino citizen and a foreigner is validly
certificate referred to in Article 6 and to send the duplicate and celebrated and a divorce is thereafter validly obtained abroad by the
triplicate copies of the certificate not later than fifteen days after the The mere fact that no record of the marriage exists in the alien spouse capacitating him or her to remarry, the Filipino spouse
marriage, to the local civil registrar of the place where the marriage was registry of marriage does not invalidate said marriage, as long shall have capacity to remarry under Philippine law. (As amended by
solemnized. Proper receipts shall be issued by the local civil registrar to as in the celebration thereof, all requisites for its validity are Executive Order 227)
the solemnizing officer transmitting copies of the marriage certificate. present. The forwarding of a copy of the marriage certificate to
The solemnizing officer shall retain in his file the quadruplicate copy of the registry is not one of said requisites. Art. 21. When either or both of the contracting parties are citizens of a
the marriage certificate, the copy of the marriage certificate, the foreign country, it shall be necessary for them before a marriage
original of the marriage license and, in proper cases, the affidavit of the VALIDITY OF MARRIAGES CELEBRATED ABROAD license can be obtained, to submit a certificate of legal capacity to
contracting party regarding the solemnization of the marriage in place contract marriage, issued by their respective diplomatic or consular
other than those mentioned in Article 8. (68a) a. General rule in contracts officials.
i. As to form Stateless persons or refugees from other countries shall, in lieu of the
CASES: certificate of legal capacity herein required, submit an affidavit stating
the circumstances showing such capacity to contract marriage. (66a)
● Martinez v. Tan Art. 17. The forms and solemnities of contracts, wills, and other public
instruments shall be governed by the laws of the country in which they Art. 10. Marriages between Filipino citizens abroad may be solemnized
Martinez claims that “what took place before the justice of the are executed. by a consul-general, consul or vice-consul of the Republic of the
peace, even admitting all that the witnesses for the defendant Philippines. The issuance of the marriage license and the duties of the
testified to, did not constitute a legal marriage.” However, all When the acts referred to are executed before the diplomatic or local civil registrar and of the solemnizing officer with regard to the
the documents presented show that both Martinez and Tan consular officials of the Republic of the Philippines in a foreign country, celebration of marriage shall be performed by said consular official.
signed positive statements in front of a solemnizing officer, the solemnities established by Philippine laws shall be observed in
stating that there was a mutual agreement to be married and their execution.
that they take each other as husband and wife. Additionally, ii. Exceptions
both parties’ ability to read and write Spanish were proven,
which means they were aware of the contents of the As to the formal requisites of marriage, lex contractus shall apply - the laws Foreign marriages falling under any of these will NOT be recognized as
documents they signed. of the country wherein the marriage was executed. valid in the Philippines, even if valid where they were solemnized:
(1) Marriage between minors (below 18);
Taking all the evidence into account, it holds that what When the marriage is solemnized by the consul, Philippine laws shall be (2) Bigamous or polygamous marriages;
happened before the justice of the peace was a legal marriage. observed. (3) Mistake of identity;
(4) Subsequent marriages that are void under Art. 53;
(5) A marriage where either spouse is psychologically
incapacitated;
(6) Incestuous marriages; and
(7) Marriages against public policy
● Morigo v. People CASES:
ii. As to substantive requirements
21
● Yao Kee v. Sy-Gonzales There must be clear showing that during cohabitation the
Sec. 3, Rule 131, ROC. Disputable presumptions. — The following petitioner contributed to acquisition of the property involved.
SC determined the marriage as invalid since it cannot be presumptions are satisfactory if uncontradicted, but may be Yaptinchay was unable to prove they jointly purchased the
proven to be in accordance with Chinese law and the contradicted and overcome by other evidence: property so the property belonged to the legal marriage and is
testimonies are not credible sources on Chinese custom. (aa) That a man and woman deporting themselves as husband and subject to probate proceedings in the legal marriage.
wife have entered into a lawful contract of marriage;
● Republic v. Orbedico III (bb) That property acquired by a man and a woman who are ● Estrada v. Escritor
capacitated to marry each other and who live exclusively with each
Paragraph 2 of Article 26 of the Family Code applies to other as husband and wife without the benefit of marriage or under Escritor is a Jehovah’s Witness who started living with a man
couples, who were both Filipinos at the time of marriage but void marriage, has been obtained by their joint efforts, work or not her husband more than 20 years ago when her husband
were of different citizenship, after one party was naturalized, industry. was still alive and living with another woman. Internally, the
at the time of the divorce. The respondent failed to prove his (cc) That in cases of cohabitation by a man and a woman who are not religion allows like Escritor to enter marital relations through
contentions that his wife was naturalized, obtained a divorce capacitated to marry each other and who have acquire properly securing a “Declaration of Pledging Faithfulness”. Complainant
decree, and remarried. However, SC emphasized that a Filipino through their actual joint contribution of money, property or industry, Estrada thinks that Escritor desecrates the image of the court
Citizen, who was divorced by their spouse, who was such contributions and their corresponding shares including joint as one who has a live-in partner.
naturalized and remarried, may be capacitated to remarry deposits of money and evidences of credit are equal.
under the Philippine Law. SC declared that this situation does not merit “disgraceful and
Art. 220. In case of doubt, all presumptions favor the solidarity of the immoral” conduct for Escritor’s actions are shielded by her
● Fujiki v. Marinay family. Thus, every intendment of law or facts leans toward the validity paramount right to religion and the inability of the
of marriage, the indissolubility of the marriage bonds, the legitimacy of government to procure compelling state interest to mandate
SC reversed the decision of the lower courts and held that the children, the community of property during marriage, the authority of her compliance
petition for recognition of the foreign judgment was the right parents over their children, and the validity of defense for any member
procedure given that bigamy is also against public policy in the of the family in case of unlawful aggression. ● Tambuyat v. Tambuyat
Philippines.
A common-law marriage is defined as “one based not upon ceremony and Petitioner contended that she and Adriano got married and
Furthermore, the spouses in the subsisting first marriage can compliance with legal formalities but upon the agreement of two persons, had a son, thus making her a co-owner and that the title was
file a case for nullity of marriage of a subsequent bigamous legally competent to marry, to cohabit with the intention of being husband correctly issued indicating her as the spouse (under Art. 148 FC).
marriage. The other “spouse” in the subsequent marriage and wife.”
cannot file the case considering his or her marriage is void. SC held, however, that Adriano and petitioner are not
It is recognized as indicated in Article 147 of the FC: “When a man and a co-owners of the subject property as it has been shown that
In this case, there is no doubt that the prior spouse, Fujiki, has a woman are capacitated to marry each other, live exclusively with each (a) both of them had valid marriages when they conducted
personal and material interest in maintaining the integrity of other as husband and wife without the benefit or marriage or under a void adulterous relations; (b) petitioner failed to present evidence
the marriage he contracted and the property relations arising marriage xxx” that the contributed to the purchase of said property; (c) deed
from it. Thus, he has the legal personality to file the petition. of sale indicated Adriano alone as vendee.
Special Co-Ownership (Art. 147)
● Abel v. Rule
● Created when parties who are legally capacitated to marry
It has been previously held that it is irrelevant if the foreign exclusively cohabit with each other without the benefit of
spouse or Filipino spouse initiated the divorce proceeding. The marriage, or the marriage is void.
purpose of this is to avoid the absurd situation where the
Filipino spouse remains married to the alien spouse who, after Limited Co-Ownership (Art. 148)
rendering a foreign divorce decree effective, is no longer ● Created when parties cohabit with each other when they are
married to the Filipino spouse. not legally capacitated to marry or their cohabitation is not
exclusive.
A clear reading of Art 26 is that what is only required is that the
divorce must have been validly obtained abroad by the alien *more in depth discussion under property regimes of void marriages
spouse. It does not impose an additional requirement for the
alien spouse to solely obtain the divorce. CASES:
● Lesaca v. Lesaca
Although there is no technical marital partnership between

persons living maritally without being lawfully married,
nevertheless there is between them an informal civil
partnership which would entitle the parties to an equal interest
in property acquired by their joint efforts.
COMMON-LAW MARRIAGES
● Yaptinchay v. Hon. Torres VOID MARRIAGES
22
The SC held that there was no sufficient basis to annul the ● Santos v. Court of Appeals and Bedia-Santos
Art. 4. The absence of any of the essential or formal requisites shall marriage due to lack of formal requisites. Since, in trial, Renato
render the marriage void ab initio, except as stated in Article 35 (2). presented a certified true copy of the marriage contract duly The SC, after referring to the deliberations of the Family Code
signed by the officiating officer. Since, it is a duly registered Revision Committee, also ruled that the matters of the case
Art. 35. The following marriages shall be void from the beginning: document, it is a public document, and is prima facie evidence don’t amount to psychological incapacity as the framers
(1) Those contracted by any party below eighteen years of that there was a marriage. intended.
age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to ● Republic v. Dayot Justice Caguioa remarked that they deleted the word "mental"
perform marriages unless such marriages were contracted precisely to distinguish it from vice of consent. He explained
with either or both parties believing in good faith that the In this case, Jose and Felisa have not lived together for five that "psychological incapacity" refers to lack of understanding
solemnizing officer had the legal authority to do so; years at the time they executed their sworn affidavit and of the essential obligations of marriage.
(3) Those solemnized without license, except those covered contracted marriage. They only started living together five
the preceding Chapter; months before the celebration of their marriage. Hence, not "psychological incapacity" should refer to no less than a
(4) Those bigamous or polygamous marriages not failing only was their marriage celebrated without the formal mental (not physical) incapacity that causes a party to be truly
under Article 41; requisite of a marriage license, but also, they did not meet the incognitive of the basic marital covenants that concomitantly
(5) Those contracted through mistake of one contracting party legal requirement that they should have lived together as must be assumed and discharged by the parties to the
as to the identity of the other; and husband and wife for at least five years. The marriage is void marriage which, as so expressed by Article 68 of the Family
(6) Those subsequent marriages that are void under Article 53. ab initio. Code, include their mutual obligations to live together, observe
love, respect and fidelity and render help and support.
If the marriage is void ab initio, it is ipso facto void without need of any ● Abbas v. Abbas
judicial declaration of nullity. A judicial declaration of nullity of the previous There is hardly any doubt that the intendment of the law has
marriage shall only be required before a subsequent marriage is Petitioner, Syed, turned to the Municipal Civil Registrar of been to confine the meaning of "psychological incapacity" to
contracted. Carmona, which allegedly issued the license. He requested for the most serious cases of personality disorders clearly
a certification that no such license was issued. The certification demonstrative of an utter insensitivity or inability to give
KINDS OF VOID MARRIAGES enjoyed probative value. meaning and significance to the marriage.’
The following marriages shall be void ab initio: ● Kho v. Republic Until further statutory and jurisprudential parameters are
established, every circumstance that may have some bearing
1. Paragraphs (1) - age, (2) - authority of SO, and (3) - without Petitioner and respondent exchanged marital vows in a on the degree, extent, and other conditions of that incapacity
license are void because they are missing an essential or ceremony. Petitioner filed for a petition of Declaration of must, in every case, be carefully examined and evaluated so
formal requisite. (FC 35) Nullity of Marriage and both petitioner and respondent had that no precipitate and indiscriminate nullity is peremptorily
2. Paragraphs (4) - bigamous and (6) - subsequent Art. 53 suffer conflicting versions of whether or not a marriage license was decreed. The well-considered opinions of psychiatrists,
from an impediment of a prior subsisting marriage issued. Respondent failed to present a marriage license or a psychologists, and persons with expertise in psychological
3. Paragraph (5) - mistake in identity suffers from a lack of valid copy thereof, and the Certificate of Marriage issued does not disciplines might be helpful or even desirable.
consent contain any entry regarding the marriage license - thus, it is
4. Bigamous marriages NOT under art. 41 concluded that no marriage license was issued. Hence, the ● Chi Ming Tsoi v. Court of Appeals
marriage is void.
a. Absence of requisites One of the essential marital obligations under the Family Code
b. PSYCHOLOGICAL INCAPACITY is “to procreate children based on the universal principle that
GR: As per Art. 4 of the Family Code, absence of any essential or formal procreation of children through sexual cooperation is the basic
requisites shall render the marriage VOID AB INITIO. end of marriage”. In the case at bar, the senseless and
Art. 36. A marriage contracted by any party who, at the time of the protracted refusal of one of the parties to fulfill the marital
celebration, was psychologically incapacitated to comply with the obligation is equivalent to psychological incapacity.
XPN: Art. 35(2) of the Family Code wherein the marriage was solemnized essential marital obligations of marriage, shall likewise be void even if
by any person not legally authorized but either or both parties believed in such incapacity becomes manifest only after its solemnization.
good faith that he had authority to do so.
CASES: The VOID marriage here is due to the psychological incapacity at the time
of the celebration of the marriage.
● Alcantara v. Alcantara
A party in this case could not comply with the essential marital obligations
The fact that neither Restituto nor Rosita is a resident in of marriage as provided for under Art. 69-71.
Carmona, Cavite does not affect the validity of their marriage
given that this is a mere irregularity.
● So v. Valera
CASES: ● Republic v. Olaviano Molina
23
SC held that irreconcilable differences and conflicting On the contention that Rowena’s diagnosis was unreliable He failed to prove that his wife suffers from psychological
personalities do not constitute psychological incapacity. because the clinical psychologist did not personally examine incapacity. He presented testimonies of 2 supposed experts
Psychological incapacity should refer to no less than a mental respondent, and only relied on the information provided by witnesses that Malyn is psychologically incapacitated, but the
incapacity and is confined to the most serious cases of the petitioner, the court cited Marcos v. Marcos, saying “there is conclusions of these witnesses were premised on the alleged
personality disorders clearly demonstrative of an utter no requirement that the person to be declared psychologically acts or behavior of Malyn which had not been sufficiently
insensitivity or inability to give meaning and significance to the incapacitated be personally examined by a physician, if the proven. There is no basis for concluding that she was indeed
marriage. totality of the evidence presented is enough to sustain a psychologically incapacitated.
finding of psychological incapacity.”
The Court here invited two amici curiae who submitted the A fair assessment of the facts would show that Malyn was not
following guidelines in the interpretation and application of ● Azcueta v. Republic totally remiss and incapable of appreciating and performing
Art. 36: her marital and parental duties. Not once did the children state
The Solicitor General, in discrediting Dr. Villegas’ psychiatric that they were being neglected by their mother - they
(1) Burden of proof to show the nullity of the report, highlights the lack of personal examination of Rodolfo narrated that she took care of them. Thus, there is no factual
marriage belongs to the plaintiff; by said doctor and the doctor’s reliance on petitioner’s version basis for the conclusion of psychological incapacity.
(2) The root cause of psychological incapacity must of events. Again, as in Marcos v. Marcos, there is no requirement
be: that the spouse should be personally examined by a ● Tan-Andal v. Andal
(a) Medically or clinically identified; physician/psychologist.
(b) Alleged in the complaint; The Court here dispensed with the second Molina guideline,
(c) Sufficiently proven by experts; and ● Najera v. Najera stating that psychological incapacity no longer needed to be
(d) Clearly explained in the decision proven medically or clinically. It expounded that psychological
(3) The incapacity must be proven to be existing “at As found by the Court of Appeals, Psychologist Cristina Gates' incapacity is neither a mental incapacity nor a personality
the time of the celebration of the marriage”; conclusion that respondent was psychologically incapacitated disorder that must be proven through expert opinion.
(4) Such incapacity must also be shown to be was based on facts relayed to her by petitioner and was not
medically or clinically permanent or incurable; based on her personal knowledge and evaluation of Moreover, the Court set three guidelines:
(5) Such illness must be grave enough to bring about respondent; thus, her finding is unscientific and unreliable. (1) juridical antecedence; that the incapacity has been
the disability of the party to assume the essential persistent at the time of celebration of marriage;
obligations of the marriage; Although the Matrimonial Tribunal declared their marriage (2) incurability in a legal sense not a medical sense,
(6) The essential marital obligations must be those annulled, their decision was based on paragraph 2 of Canon meaning that the incapacity is so persistent to
embraced by Arts. 68-71 of the FC, as well as Arts. 1095 (refers to those who suffer from a grave lack of discretion their partner that the only result would be its
220-221 & 225 in regard to parents and their of judgment concerning essential rights and obligations to be demise; and
children. Such non-complied marital obligation(s) mutually given and accepted) and not 3 which is the ground (3) gravity, in that the incapacity must be consistent
must also be stated in the petition, proven by for psychological incapacity in the Canon Law. Also, it has to and not mere mood changes or mild peculiarities.
evidence and included in the text of the decision; be noted that their decision was based on a different set of
(7) Interpretations given by the National Appellate evidence (Digna did not present sister-in-law and friends of Psychological incapacity is neither a mental incapacity nor
Matrimonial Tribunal of the Catholic Church in the opposing parties). only a personality disorder that must be proven through
Philippines, while not controlling or decisive, expert opinion. There may now be proof of the durable
should be given great respect by our courts; ● Camacho v. Reyes aspects of a person's personality, called "personality structure,"
(8) The trial court must order the prosecuting which manifests itself through clear acts of dysfunctionality
attorney or fiscal and the SolGen to appear as The Court ruled that the lack of personal examination and that undermines the family. The spouse's personality structure
counsel for the state. interview of a person diagnosed with personality disorder, must make it impossible for him or her to understand and,
does not invalidate the testimonies of the doctors. Neither do more importantly, to comply with his or her essential marital
● Republic v. Quintero-Hamano their findings automatically constitute hearsay that would obligations.
result in their exclusion as evidence.
SC ruled that respondent failed to prove Toshio’s psychological Proof of these aspects of personality need not be given by an
incapacity to perform his marital obligations. Even without the doctor’s conclusions, the facts alleged in the expert. Ordinary witnesses who have been present in the life
petition and established during trial all point to the conclusion of the spouses before the latter contracted marriage may
Mere abandonment by Toshio of his family and his that respondent was psychologically incapacitated to perform testify on behaviors that they have consistently observed from
insensitivity to them did not automatically constitute the essential marital obligations; respondent does have the supposedly incapacitated spouse. From there, the judge
psychological incapacity. His behavior merely indicated simple problems which include chronic irresponsibility, inability to will decide if these behaviors are indicative of a true and
inadequacy in the personality of a spouse falling short of recognize and work towards providing the needs of his family, serious incapacity to assume the essential marital obligations.
reasonable expectations. Lolita failed to prove any severe and several failed business attempts, substance abuse, and a trail
incurable personality disorder on the part of Toshio, in of unpaid money obligations. In this way, the Code Committee's intent to limit the
accordance with the guidelines set in Molina. incapacity to "psychic causes" is fulfilled. Furthermore, there
will be no need to label a person as having a mental disorder
just to obtain a decree of nullity.
● Te v. Te ● Kalaw v. Fernandez ● Datu v. Datu
24
The Supreme Court ruled that Alfredo is psychologically Being embedded in the individuality of every human being,
incapacitated to comply with his marital obligations because the personality structure of a married person is continuously The case of Tan-Andal abandoned the focus on personality
of his schizophrenia. It was impossible for him to understand unearthed by the constant interaction with the marriage itself disorders and expert opinions. Now, the quantum of proof that
and to comply with his essential marital obligations. and with the personality of his or her spouse. Throughout the determines psychological incapacity is clear and convincing
interaction, when the personality structures of each of the evidence which shows juridical antecedence, gravity, and
● Estella v. Perez spouses result in clashes, leading towards a grave incurability. The Court finds Janice was able to prove by clear
incompatibility that is equivalent to the inability to perform and convincing evidence that her marriage to Marcelino
Applying Tan-Andal here, we find that petitioner was able to the essential obligations of marriage, then it can be said that a should be declared void on the ground of psychological
prove by clear and convincing evidence that, indeed, defect in the marriage exists. The clashes in the personality incapacity.
respondent is afflicted with psychological incapacity. Consider: structures must however be interrelated with behavioral
patterns, experiences or actions taken by one of the spouses, ● Republic v. Claur
(1) First. Dr. Delgado found respondent to be which existed prior to the marriage.
suffering from dysfunctional personality traits and According to the SC, while it is true that verbal abuse, neglect
behavioral aberration classified as Borderline Notably, under the stricter and outdated standard of and abandonment of spouse and children or acts of infidelity
Personality Disorder and Narcissistic Personality incurability, the instant petition would have failed. The Court including adultery or concubinage may each constitute as
Disorder. As petitioner and the other resource would have sustained the Court of Appeals in finding that ground for legal separation only, each one of these grounds or
persons observed, she exhibited impulsivity, high Rena's incurability was not medical nor scientific. But, as a combination thereof manifests psychological incapacity that
sense of abandonment, affective instability due to modified by Andal, incurability is construed in the legal sense, has been existing prior to marriage. So the court may void the
reactivity of moods, inappropriate and intense i.e., that, given the utter incompatibility in personalities, the marriage under Article 36 of the FC.
anger and inability to control it, chronic sense of union faces inevitable decline despite genuine opportunities at
emptiness, high sense of entitlement, and lack of rehabilitation. Here, Mario’s acts of infidelity, neglect and abandonment on
empathy, among others. the one hand and Clara’s suicidal behavior, ill temper and
● Espiritu v. Boac-Espiritu verbal and physical abuse on the other, collectively manifest
To be sure, no evidence can be more convincing, both of their psychological incapacity in the legal sense. They
nay, credible, than the detailed account of The petitioner must successfully discharge the burden of satisfy the criteria of judicial antecedence, gravity and
petitioner himself who experienced, on numerous proving the contrary by clear and convincing evidence of the incurability. Their behavioral patterns and personality
occasions, his wife's psychological incapacity up essence of psychological incapacity in order to overcome the structures clearly show that they are psychologically
close and personal. presumed validity of one’s marriage. incapacitated from fulfilling their obligations as husband and
wife and as parents of their son.
(2) Applying Tan-Andal, the requirement of gravity is The Court in applying Tan-Andal, found that petitioner was not
established here. There is no doubt that able to prove by clear and convincing evidence that ● Dedicatoria v. Dedicatoria
respondent's psychological incapacity is serious as respondent is afflicted with psychological incapacity which
it is fully engraved in her personality structure hinders her from performing her marital affairs. Respondent’s SC held that the examination was based not only on Jennifer
clearly reflecting her insensitivity and inability to constant nagging, suspicion, jealousy, and anger do not equate or Anarose’s interviews, but also based on the statements of
give meaning and significance to the marriage. As to being truly incognitive in performing her basic marital Teresita (sister) whom Ferdinand grew up with - giving light to
she herself unreservedly admitted in her Answer, duties. The Court cannot leave the impression that marriage the root cause of the psychological incapacity.
she did not find life and meaning in her married may be easily entered into when it suits the needs of the
life with petitioner. She, too, never denied that her parties, and just as easily nullified when stressful, difficult, or Expert witness only interviewed Jennifer and her witnesses
family failed to bring her happiness. Surely, we inconvenient. The SC ruled that their marriage remains valid. and did not personally seek out and meet Ferdinand -
cannot, by any means, consider respondent's personal examination or interview of the psychologically
condition a mild characterological peculiarity. ● Halog v. Halog incapacitated spouse does not invalidate findings.
(3) As for the requirement of juridical antecedence, Here, there is clear and convincing evidence that Wilbur is ● Quiogue, Jr. v. Quiogue
Dr. Delgado found that respondent's incapacity psychologically incapacitated from discharging his duties as a
had been deeply rooted in her problematic husband to petitioner. Such condition was present even Antonio’s chronic infidelity was considered by the SC as a form
childhood. She grew up witnessing the constant before he celebrated his marriage rendering the marital union of psychological incapacity; Art. 68 of FC recognizes fidelity as
fights between her parents, their financial between them void ab initio. The fact alone that Dr. the norm and a spouse should not be made to settle for
struggles, as well as her mother's illicit affair. She Gomintong was not able to personally tend to Wilbur does not anything less than absolute faithfulness from the other.
left their house at a young age and worked as a render his findings inadmissible. Personal examination of the
promo girl to sustain herself. This dysfunctional allegedly psychologically incapacitated spouse is not a Infidelity is now however measured in terms of frequency; it
life affected her personality structure and condition sine qua non for declaration of nullity of marriage shall still be tested within the requirements of (1) gravity or
behavioral pattern as a person. due to psychological incapacity. So long as the totality of severity (2) antecedence; and (3) legal incurability or
evidence sufficiently proves the said psychological incapacity persistence during the marriage.
(4) Respondent's condition is also "incurable" in the of one or both of the spouses, a decree of nullity may be
legal sense since she consistently failed to commit issued. Antonio had 11 children with four other women; father was also
to her relationship with petitioner. She never unfaithful; divulged that he had several “flings” that Maribel
reciprocated petitioner's efforts to salvage their never found out; dater Maribel while he still had another
marriage. girlfriend.
● Montealto-Laylo v. Ymbang ● Mutya-Sumilhig v. Sumilhig

● Cuan v. Cuan, Jr.
25
There is no legal and jurisprudential requirement that the Art. 40, otherwise stated - the absolute nullity of a previous
person to be declared psychologically incapacitated be Art. 35. The following marriages shall be void from the beginning: marriage may be invoked ONLY for purposes of remarriage.
personally examined by a physician. Joselito was diagnosed (4) Those bigamous or polygamous marriages not failing under Article For any other purpose, there is no need to invoke such.
without his personal appearance because he refused to be 41;
interviewed. The experts may, however, rely on their methods ● Morigo v. People; Pulido
and procedures. To assess psychological incapacity to perform Art. 40. The absolute nullity of a previous marriage may be invoked for
essential marital obligations, they may focus on the different purposes of remarriage on the basis solely of a final judgment declaring SC held that since his marriage to Lucia was declared null and
behaviors manifested by Joselito prior to the marriage and such previous marriage void. (n) void, there was no first valid marriage to begin with when the
during the marriage. To gather information about these petitioner contracted the second marriage.
behaviors, the most reliable person to be interviewed is Art. 41. A marriage contracted by any person during subsistence of a
Carolyn because she is the one who experienced the previous marriage shall be null and void, unless before the celebration ● Nollora v. People
psychologically incapacitating behaviors of Joselito. of the subsequent marriage, the prior spouse had been absent for four
consecutive years and the spouse present has a well-founded belief As both marriages were done through civil rites, even if the
● Clavecilla v. Clavecilla that the absent spouse was already dead. In case of disappearance husband already converted to Muslim during the 2nd
where there is danger of death under the circumstances set forth in the marriage, bigamy was still committed.
The Court does not see any reason why the principle of clean provisions of Article 391 of the Civil Code, an absence of only two years
hands should prevent a psychologically incapacitated spouse shall be sufficient. The exemption rule is under Art. 180 of the Code of Muslim
from initiating a proceeding to annul a marriage. This is Personal Laws; art. 27 provides that a Muslim MAN may have
because there is no party at fault in case of annulment of For the purpose of contracting the subsequent marriage under the another wife but only if he can provide equal companionship
marriage based on psychological incapacity. Culpability cannot preceding paragraph the spouse present must institute a summary and just treatment to the wives and with permission of the
be imputed on the part of the spouse said to be proceeding as provided in this Code for the declaration of presumptive Shari’a Court.
psychologically incapacitated since it is not deliberate or death of the absentee, without prejudice to the effect of reappearance
intentional on his or her part to possess such personality trait. of the absent spouse. (83a) ● Malaki v. People
By reason of psychological incapacity, it cannot be said that
bad faith had motivated the afflicted spouse to enter into a GR: Marriage contracted by any person during the subsistence of a 1st marriage was solemnized via civil rites (INC); 2nd marriage
marriage or to even seek for a declaration of its nullity. previous marriage is VOID was under Islamic rites. The SC still found Malaki guilty of
bigamy as the first marriage under civil rites was not annulled.
Most importantly, Art. 36 of the Family Code does not prohibit The elements of bigamy are:
the psychologically incapacitated spouse from initiating the (1) The offender has been legally married; The first marriage, being under the Civil Code, should have
action. Indeed, under the Rule on Declaration of Absolute (2) The first marriage has not been legally dissolved, or in case the been annulled first.
Nullity of Void Marriages and Annulment of Voidable spouse is absent, the absent spouse could not yet be
Marriages, 82 (the Rule) the Court allows either of the spouses presumed dead according to the Civil Code; ● Zamoranos v. People
to file the petition, alleging specifically, the facts showing the (3) He/she contracts a second or subsequent marriage;
incapacity of either or both of them. (4) The second or subsequent marriage has all the essential 1st marriage was celebrated under Islamic rites; obtained a
requisites for validity. divorce by talaq; 2nd marriage also under Islamic rites. SC held
● Georfo v. Republic that the 2nd marriage was not bigamous as the talaq was
XPNs: obtained legally under the Code of Muslim Personal Laws.
Here, the totality of evidence established private respondent's (1) Art. 41 - prior spouse declared presumptively dead;
psychological incapacity to comply with his marital (2) First marriage was void ab initio; ● Fujiki v. Marinay
obligations. (3) Muslim marriages but subject to approval of Shari’a courts
First husband helped wife obtain her 2nd marriage void on the
Here, Dr. Gerong's psychological assessment is not only based CASES: ground of bigamy; SC held that the spouses in the subsisting
on petitioner, but also on another source: petitioner's sister. first marriage can file a case for nullity of marriage of a
129 This circumstance is more akin with Tan-Andal, where this ● Wiegel v. Sempio-Diy subsequent bigamous marriage.
Court gave credence to the psychological assessment based
on the interview of the petitioning spouse, her sister, and Since the marriage was vitiated by force; it was merely ● Sumagka v. Sumagka
daughter. voidable - valid until annulled. Given that there was no
annulment filed for her first marriage, it was clear to the Court Similar to Zamoranos case; married under muslim rites,
that she was still validly married to her first husband which renewed their vows under civil rites, obtained a divorce by
makes her marriage to Karl Heinz Wiegel void under the law. talaq; SC held that law governing first marriage prevails.
● Domingo v. CA and Avera ● Pulido v. People
SC held that a declaration of the absolute nullity of a marriage The Court held that by the express terms of Article 40, the
is now explicitly required in the Family Code either as a cause prior judicial declaration of nullity of the marriage is a
of action or a ground for defense. It may be obtained not only requirement only for purposes of remarriage and that Article
for purposes of remarriage; instances such as an action for 40 should not have been construed as imposing a
liquidation, partition, distribution and separation of property, requirement for the accused to raise the defense of nullity of
action for custody and support of their common children. the first marriage.
c. BIGAMOUS AND POLYGAMOUS MARRIAGES
26
d. SUBSEQUENT MARRIAGE UPON REAPPEARANCE OF CASES:

ABSENT SPOUSE Art. 390, NCC. After an absence of seven years, it being unknown ● Jones v. Hortiguela; Valmonte v. Villaroman
whether or not the absentee still lives, he shall be presumed dead for
all purposes, except for those of succession. Reckoning period of absence should be counted from the date
Art. 41. A marriage contracted by any person during subsistence of a on which the last news about alleged absentee was received.
previous marriage shall be null and void, unless before the celebration The absentee shall not be presumed dead for the purpose of opening
of the subsequent marriage, the prior spouse had been absent for four his succession till after an absence of ten years. If he disappeared after ● Republic v. Nolasco
consecutive years and the spouse present has a well-founded belief the age of seventy-five years, an absence of five years shall be
that the absent spouse was already dead. In case of disappearance sufficient in order that his succession may be opened. (n) There are 4 requisites for the declaration of presumptive
where there is danger of death under the circumstances set forth in the death:
provisions of Article 391 of the Civil Code, an absence of only two years Art. 391, NCC. The following shall be presumed dead for all purposes, (1) That the absent spouse has been missing for four
shall be sufficient. including the division of the estate among the heirs: consecutive years, or two consecutive years if the
(1) A person on board a vessel lost during a sea voyage, or an aeroplane disappearance occurred where there is danger of
For the purpose of contracting the subsequent marriage under the which is missing, who has not been heard of for four years since the death under the circumstances laid down in
preceding paragraph the spouse present must institute a summary loss of the vessel or aeroplane; Article 391;
proceeding as provided in this Code for the declaration of presumptive (2) A person in the armed forces who has taken part in war, and has (2) That the present spouse wishes to remarry
death of the absentee, without prejudice to the effect of reappearance been missing for four years; (3) That the present spouse has a well-founded belief
of the absent spouse. (83a) (3) A person who has been in danger of death under other that the absentee is dead; and
circumstances and his existence has not been known for four years. (n) (4) That the present spouse files a summary
Art. 42. The subsequent marriage referred to in the preceding Article proceeding for the declaration of presumptive
shall be automatically terminated by the recording of the affidavit of death of the absentee.
reappearance of the absent spouse, unless there is a judgment Art. 41, FC.
annulling the previous marriage or declaring it void ab initio. Although Nolasco claims to have complied with all these
GR: Marriage contracted by any person during the subsistence of a
previous marriage is VOID requisites, the Court ruled that was he was not able to
A sworn statement of the fact and circumstances of reappearance shall establish that he had a well-founded belief that his absent
be recorded in the civil registry of the residence of the parties to the wife was already dead because Nolasco failed to conduct a
subsequent marriage at the instance of any interested person, with due XPN: If before the celebration of the subsequent marriage:
(1) The previous spouse had been absent for 4 consecutive years search with diligence as he never reported his wife’s
notice to the spouses of the subsequent marriage and without disappearance to authorities. Instead, he went to London, a
prejudice to the fact of reappearance being judicially determined in (ordinary absence) or 2 years (extraordinary absence);
(2) The remaining spouse filed a summary proceeding for judicial vast city, to look for his wife among the millions who live there.
case such fact is disputed. (n) He was also not able to prove that he sent letters to Parker as
declaration of presumptive death
he claimed that he had lost the returned letters. He was also
Art. 43. The termination of the subsequent marriage referred to in the not able to identify the friends whom he inquired of her
preceding Article shall produce the following effects: Subsequent marriage is VALID.
whereabouts.
(1) The children of the subsequent marriage conceived prior
to its termination shall be considered legitimate; Art. 42, FC.
● Bienvenido v. Court of Appeals
(2) The absolute community of property or the conjugal
partnership, as the case may be, shall be dissolved and 2nd marriage VALID bigamous SC held that the general rule is that "Any marriage
liquidated, but if either spouse contracted said marriage in If no subsequently contracted by any person during the lifetime of
bad faith, his or her share of the net profits of the reappearance the first spouse of such person with any person other than
community property or conjugal partnership property shall 1st marriage VALID also
such first spouse shall be illegal and void from its
be forfeited in favor of the common children or, if there performance." The exceptions are that the first marriage was
are none, the children of the guilty spouse by a previous VALID but automatically annulled or dissolved, or the first spouse has been
2nd marriage
marriage or in default of children, the innocent spouse; terminated presumptively dead.
(3) Donations by reason of marriage shall remain valid, except
that if the donee contracted the marriage in bad faith, such If with
VALID It has been held that the first exception refers to the
donations made to said donee are revoked by operation of affidavit of
(unless there is a judgment of nullity subsequent marriage of the abandoned spouse and not the
law; reappearance
1st marriage of first marriage = VOID, 2nd remarriage of the deserting spouse, after the period of seven
(4) The innocent spouse may revoke the designation of the marriage becomes valid NOT years has lapsed. The spouse who left cannot be the spouse
other spouse who acted in bad faith as beneficiary in any terminated) who will seek to declare the other spouse dead; Aurelio who
insurance policy, even if such designation be stipulated as left his first wife cannot seek to declare that his first wife was
irrevocable; and dead even after that wife’s disappearance for seven years.
(5) The spouse who contracted the subsequent marriage in BAD FAITH? (Art. 43-44) Since Aurelio had a valid, subsisting marriage to Consejo
bad faith shall be disqualified to inherit from the innocent Velasco, his subsequent marriage to respondent Luisita was
spouse by testate and intestate succession. (n) void for being bigamous.
Both in bad faith Void ab initio
Art. 44. If both spouses of the subsequent marriage acted in bad faith,
said marriage shall be void ab initio and all donations by reason of Only one party in bad faith Valid but terminated
marriage and testamentary dispositions made by one in favor of the
other are revoked by operation of law. (n)
Both in good faith Valid but terminated
27
● Matias v. Republic ● Republic v. Granada e. Bad faith of both spouses
SC held that Article 41 of the FC involves that presumption of SC ruled that since a petition for declaration of presumptive SEE DISCUSSION UNDER SUBSEQUENT MARRIAGE
death established therein is only applicable for the purpose of death is a summary proceeding, the judgment of the court
contracting a valid subsequent marriage. therein shall be immediately final and executory, and thus not Art. 44. If both spouses of the subsequent marriage acted in bad faith,
subject to ordinary appeal. said marriage shall be void ab initio and all donations by reason of
● Republic v. Quiñonez marriage and testamentary dispositions made by one in favor of the
However, the Court stated that ‘under Article 41 of the Family other are revoked by operation of law. (n)
Husband filed a petition to declare the wife presumptively Code, the losing party in a summary proceeding for the
dead; found out she was cohabitating with another man which declaration of presumptive death may file a petition for f. INCESTUOUS
is NOT what a petition for declaration of presumptive death is. certiorari with the CA on the ground that the trial court
committed grave abuse of discretion amounting to lack of
SC held that the mere absence of the spouse (even for such jurisdiction. From the decision of the CA, the aggrieved party Art. 37. Marriages between the following are incestuous and void from
period required by the law), lack of any news that such may elevate the matter to this Court via a petition for review the beginning, whether relationship between the parties be legitimate
absentee is still alive, failure to communicate or general on certiorari under Rule 45 of the Rules of Court.’ (hindi ba or illegitimate:
presumption of absence under the Civil Code would not 65?????)
suffice; efforts exerted by petitioner also fell short of the (1) Between ascendants and descendants of any degree; and
degree of diligence required. Unfortunately, Remar failed to ● Santos v. Santos
allege, much less prove, the extent of the search he had (2) Between brothers and sisters, whether of the full or half blood. (81a)
conducted in the places where he claims to have gone. Remar SC held that a close reading of the entire Article 42 reveals
also failed to identify which of Lovelyn’s relatives he had that the termination of the subsequent marriage by Art. 963. Proximity of relationship is determined by the number of
communicated with, and disclose what he learned from these reappearance is subject to several conditions: generations. Each generation forms a degree. (915)
communications. Moreover, Remar never sought the help of (1) the non-existence of a judgment annulling the
the authorities to locate Lovelyn in the course of her ten (10) previous marriage or declaring it void ab initio; Art. 964. A series of degrees forms a line, which may be either direct or
year disappearance. (2) recording in the civil registry of the residence of collateral.
the parties to the subsequent marriage of the
● Republic v. Fenol sworn statement of fact and circumstances of A direct line is that constituted by the series of degrees among
reappearance; ascendants and descendants.
A declaration of presumptive death, as a summary proceeding, (3) due notice to the spouses of the subsequent
is FINAL and EXECUTORY; appeals nor MRs may not be taken. marriage of the fact of reappearance; and A collateral line is that constituted by the series of degrees among
The proper remedy to assail such would be a Rule 65 petition (4) the fact of reappearance must either be persons who are not ascendants and descendants, but who come from
for review on certiorari. undisputed or judicially determined. a common ancestor. (916a)
● Republic v. Ponce-Pilapil The existence of these conditions means that reappearance Art. 965. The direct line is either descending or ascending.
does not always immediately cause the subsequent marriage's
SC held that the respondent failed to demonstrate full termination. Reappearance of the absent or presumptively The former unites the head of the family with those who descend from
compliance with Article 41 of the Family Code. dead spouse will cause the termination of the subsequent him.
marriage only when all the conditions enumerated in the
All these aforecited efforts, however, had been stamped by Family Code are present. The latter binds a person with those from whom he descends. (917)
the Court as merely passive and unexacting of the
jurisprudential standards that would qualify such efforts as The provision on reappearance in the Family Code as a Art. 966. In the line, as many degrees are counted as there are
diligent. Josephine's efforts to search for Agapito only remedy to effect the termination of the subsequent marriage generations or persons, excluding the progenitor.
consisted of inquiries not even done personally but by mere does not preclude the spouse who was declared
letter-correspondence facilitated by another person. presumptively dead from availing other remedies existing in In the direct line, ascent is made to the common ancestor. Thus, the
law. child is one degree removed from the parent, two from the
Procedure grandfather, and three from the great-grandparent.
This court had, in fact, recognized that a subsequent marriage
CASES: may also be terminated by filing "an action in court to prove In the collateral line, ascent is made to the common ancestor and then
● SSS v. Jarque the reappearance of the absentee and obtain a declaration of descent is made to the person with whom the computation is to be
dissolution or termination of the subsequent marriage." made. Thus, a person is two degrees removed from his brother, three
SC held that in the case at bar, as found by the CFI, Alice had from his uncle, who is the brother of his father, four from his first
been absent for 15 consecutive years when Bailon sought the Celerina does not admit to have been absent. She also seeks cousin, and so forth. (918a)
declaration of her presumptive death. not merely the termination of the subsequent marriage but
also the nullification of its effects. She contends that Art. 967. Full blood relationship is that existing between persons who
As no step was taken to nullify even though Alice was not reappearance is not a sufficient remedy because it will only have the same father and the same mother.
dead, Jarque is rightfully the dependent spouse-beneficiary of terminate the subsequent marriage but not nullify the effects
Bailon. If the absentee reappears, but no step is taken to of the declaration of her presumptive death and the Half blood relationship is that existing between persons who have the
terminate the subsequent marriage, either by affidavit or by subsequent marriage. Celerina is correct. same father, but not the same mother, or the same mother, but not
court action, such absentee's mere reappearance, even if the same father. (920a)
made known to the spouses in the subsequent marriage, will
not terminate such marriage.
28
g. MARRIAGES AGAINST PUBLIC POLICY h. NON-COMPLIANCE UNDER Art. 35 - RENDERS MARRIAGE WHO CAN INVOKE NULLITY
VOID
Art. 38, FC. The following marriages shall be void from the beginning for Art. 36. A marriage contracted by any party who, at the time of the
reasons of public policy: Art. 35. The following marriages shall be void from the beginning: celebration, was psychologically incapacitated to comply with the
(1) Between collateral blood relatives whether legitimate or illegitimate, (6) Those subsequent marriages that are void under Article 53. essential marital obligations of marriage, shall likewise be void even if
up to the fourth civil degree; such incapacity becomes manifest only after its solemnization. (As
(2) Between step-parents and step-children; Art. 53. Either of the former spouses may marry again after compliance amended by Executive Order 227)
(3) Between parents-in-law and children-in-law; with the requirements of the immediately preceding Article; otherwise,
(4) Between the adopting parent and the adopted child; the subsequent marriage shall be null and void. Art. 39. The action or defense for the declaration of absolute nullity of a
(5) Between the surviving spouse of the adopting parent and the marriage shall not prescribe. (As amended by Executive Order 227 and
adopted child; Art. 52. The judgment of annulment or of absolute nullity of the Republic Act No. 8533; The phrase “However, in case of marriage
(6) Between the surviving spouse of the adopted child and the adopter; marriage, the partition and distribution of the properties of the spouses celebrated before the effectivity of this Code and falling under Article
(7) Between an adopted child and a legitimate child of the adopter; and the delivery of the children’s presumptive legitimes shall be 36, such action or defense shall prescribe in ten years after this Code
(8) Between adopted children of the same adopter; and recorded in the appropriate civil registry and registries of property; shall taken effect” has been deleted by Republic Act No. 8533
(9) Between parties where one, with the intention to marry the other, otherwise, the same shall not affect third persons. (n) [Approved February 23, 1998]).
killed that other person’s spouse, or his or her own spouse. (82)
Art. 50. The effects provided for by paragraphs (2), (3), (4) and (5) of Art. 40. The absolute nullity of a previous marriage may be invoked for
Article 80, NCC. The following marriages shall be void from the Article 43 and by Article 44 (subsequent marriage after spouse was purposes of remarriage on the basis solely of a final judgment declaring
beginning: declared presumptively dead) shall also apply in the proper cases to such previous marriage void. (n)
(6) Those where one or both contracting parties have been found guilty marriages which are declared ab initio or annulled by final judgment
of the killing of the spouse of either of them; under Articles 40 and 45. A.M. No. 02-11-10-SC, Section 2. Petition for declaration of absolute
(7) Those between stepbrothers and stepsisters and other marriages nullity of void marriages.
specified in article 82. (n) The final judgment in such cases shall provide for the liquidation, (a) Who may file. - A petition for declaration of absolute nullity of void
partition and distribution of the properties of the spouses, the custody marriage may be filed solely by the husband or the wife. (n)
Art. 246, RPC. Parricide. - Any person who shall kill his father, mother, or and support of the common children, and the delivery of third
child, whether legitimate or illegitimate, or any of his ascendants, or presumptive legitimes, unless such matters had been adjudicated in
descendants, or his spouse, shall be guilty of parricide and shall be previous judicial proceedings. The Family Code is silent as to who can file a petition to declare the nullity
punished by the penalty of reclusion perpetua to death. of a void marriage. A.M. No. 02-11-10-SC however explicitly states that a
All creditors of the spouses as well as of the absolute community or petition for declaration of absolute nullity of a void marriage may be filed
Art. 82, NCC. The following marriages shall also be void from the the conjugal partnership shall be notified of the proceedings for solely by the husband or wife.
beginning: liquidation.
(1) Between stepfathers and stepdaughters, and stepmothers and CASES:
stepsons; In the partition, the conjugal dwelling and the lot on which it is situated, ● Niñal v. Bayadog
(2) Between the adopting father or mother and the adopted, between shall be adjudicated in accordance with the provisions of Articles 102
the latter and the surviving spouse of the former, and between the and 129. SC held that the Family Code is silent as to who can file a
former and the surviving spouse of the latter; petition to declare the nullity of a marriage. While only the
(3) Between the legitimate children of the adopter and the adopted. parties involved can assail a voidable marriage with an
(28a) If a previous marriage has been annulled or declared a nullity in a final annulment suit, any proper interested party may attack a void
judgment, the effects thereof includes liquidation, partition and marriage, even after the death of either party. As the vested
distribution of their properties, if any, and in proper cases, the delivery of rights of the Ninal children, their inheritance, may be impaired
Marriages between parties where one, with the intention to marry the the children’s presumptive legitimes. The law further requires the recording by the validity of the second marriage, they are a proper
other, killed that other person’s spouse, or his or her own spouse, are void and registration of the following in the appropriate civil registry and interested party to attack the void marriage.
from the beginning by reason of public policy. registries of property:
(1) The judgment of annulment or of absolute nullity of marriage; ● Catalan v. Court of Appeals
Comparing the Family Code provision with the Civil Code, the FC no longer (2) The partition and distribution of the properties of the spouses;
requires that the party is found “guilty” (no prior criminal conviction). and SC found that they could not determine whether Felicitas had
(3) The delivery of the children’s presumptive legitimes. the proper personality to file a case because the divorce
The killing, whether perpetrated by the spouse or by another person, must decree and foreign law concerning it was not proved, and
be animated primarily by the intention or desire to do away with the Only after complying with the foregoing requirements may either of the remanded the case back to the RTC. In both NCC and FC, only
victim, who is an obstacle to a contemplated marriage, for the purpose of former spouse’s be allowed to contract another marriage. a party who can demonstrate proper interest can file a petition
marrying the surviving spouse. for declaration of nullity.
If these requirements are NOT complied with and either of the former
So long as the killing is for the purpose of contracting a marriage with the spouses contracts another marriage, the subsequent marriage is void ab ● Enrico v. Heirs of Sps. Medinaceli
surviving spouse, the marriage will be void ab initio even if the surviving initio.
spouse is not aware of such plan. A.M. No. 02-11-10-SC governs the instant case because it
applies under the Family Code. The holding in Ninal v Bayadog
only applied to marriages under the New Civil Code. No cause
of action for the heirs because the Rule is clear. However, they
still may corollarily assail the void marriage in a proceeding for
the settlement of the estate of the deceased spouse filed in
the regular courts.
29
● Carlos v. Sandoval WHEN TO FILE ACTION FOR DECLARATION OF NULLITY CASES:

● Malcampo-Sin v. Sin
SC affirmed CA’s decision to remand the case on the grounds
that the nullity and annulment of a marriage cannot be Art. 39. The action or defense for the declaration of absolute nullity of a SC found that there was no sufficient participation by the
declared in a judgment on the pleadings, summary judgment, marriage shall not prescribe. State; not just at the trial level but on appeal with the Court of
or confession of judgment. Appeals as well. Other than the "manifestation" filed with the
Art. 255. If any provision of this Code is held invalid, all the other trial court on November 16, 1994, the State did not file any
By issuing said summary judgment, the trial court has divested provisions not affected thereby shall remain valid. pleading, motion or position paper, at any stage of the
the State of its lawful right and duty to intervene in the case. proceedings. SC remanded to the trial court for proper trial.
The participation of the State is not terminated by the Art. 256. This Code shall have retroactive effect insofar as it does not
declaration of the public prosecutor that no collusion exists prejudice or impair vested or acquired rights in accordance with the ● Ancheta v. Alncheta
between the parties. The State should have been given the Civil Code or other laws.
opportunity to present controverting evidence before the The Court states that when a party in cases of annulment of
judgment was rendered. Art. 42, par. 2. A sworn statement of the fact and circumstances of marriage or legal separation is declared in default, the proper
reappearance shall be recorded in the civil registry of the residence of action of the courts should be to order the prosecuting
● Ablaza v. Republic the parties to the subsequent marriage at the instance of any attorney or fiscal to ensure that there is no collusion between
interested person, with due notice to the spouses of the subsequent the parties and to ensure that their evidence is not fabricated
SC ruled Ablaza to be a proper party on the grounds that the marriage and without prejudice to the fact of reappearance being or suppressed. In this case, the public prosecutor and the trial
marriage being solemnized in 1949, the applicable law is the judicially determined in case such fact is disputed. (n) court failed to abide by this procedure.
old Civil Code, which does provide a provision on who can file
a petition to declare the nullity of marriage (unlike the FC). Procedure in actions for declaration of nullity ● Yuk Ling Ong v. CA
Furthermore, he has a material interest in the estate of
Cresenciano that will be adversely affected by any judgment Looking back, the summons on CV 02 0306 was issued on Jul
in the suit. AM No. 02-11-10 SC and AM No. 02-11-11 SC. 29 2002 then the server resorted to substituted service of
summons on Aug 1 2002. He immediately opted for it after
● David v. Calilung only two (2) days from the issuance of the summons. He also
Jurisdiction - Family Courts said that he opted for it after several futile attempts. The court
Section 2 (a) of A.M. No. 02-11-10-SC makes it the sole right of finds that it sufficiently lacks details to the attempts
the husband or the wife to file a petition for declaration of Venue of action - Family Court of the province or city where the petitioner undertaken by server. It also did not specify the details of the
absolute nullity of void marriage. The Aguas heirs are the or respondent has been residing for at least 6 months prior to the date of person who will receive summons on behalf of petitioner and
children of the deceased spouse whose marriage is sought to the filing, or in the case of a non-resident, where he may be found in the he didn’t describe the specific attempts to personally serve the
be annulled. They have no legal personality to file the petition Philippines. summons.
for declaration of nullity of marriage of their father with Cherry.
They can only question the validity of the marriage of the said a. Requisites for valid remarriage ● Republic v. CA and De Quintos, Jr.
spouses in a proceeding for the settlement of the estate of
their deceased father filed in the regular courts. ❖ A declaration of nullity of a void marriage SC held that they do not concur with the assertion by the OSG
❖ An annulment of a voidable marriage that Eduardo colluded with Catalina. The assertion was based
Lucila, on the other hand, is not the wife in the marriage that ❖ A declaration of presumptive death of the first spouse on his admission during trial that he had paid her the amount
she and her children sought to annul. Be it noted that she is ❖ Death of the first spouse of P50,000.00 as her share in the conjugal home in order to
not a spouse of Rene, their marriage having been declared null convince her not to oppose his petition or to bring any action
and void from the very beginning on the ground of b. Safeguards against collusion on her part.
psychological incapacity in the 2005 Nullity Decision.
Verily, the payment to Catalina could not be a manifest sign of
Art. 48. In all cases of annulment or declaration of absolute nullity of
Accordingly, Lucila, could not be the aggrieved or injured a collusion between her and Eduardo. To recall, she did not
marriage, the Court shall order the prosecuting attorney or fiscal
spouse referred to by A.M. No. 02-11-10-SC who has the legal interpose her objection to the petition to the point of
assigned to it to appear on behalf of the State to take steps to prevent
standing to file the complaint for nullity of marriage of the conceding her psychological incapacity, but she nonetheless
collusion between the parties and to take care that evidence is not
spouses Rene and Cherry. made it clear enough that she was unwilling to forego her
fabricated or suppressed.
share in the conjugal house.
● Clavecilla v. Clavecilla
In the cases referred to in the preceding paragraph, no judgment shall
● Republic v. Dimarucut
be based upon a stipulation of facts or confession of judgment. (88a)
SC held that a petition for nullity of marriage may be filed by
either spouses, whether incapacitated or not. SC ruled that Judge Casabar and Atty. Amy (sibling of one of
Collusion means that the spouses have agreed to commit a fraud against the spouses) was not found to be in collusion even if there was
In this case, both the wife and the husband were found to the court. a failure to report her disqualification - allegation of
have been psychologically incapacitated. Verily, the courts do disqualification should have been made in writing.
not limit the right to initiate a petition to nullify the marriage to
the spouse who is not psychologically incapacitated. However the Court referred the allegations to the Office of the
Court Administrator for appropriate action.
30
a. No confession of judgment SC held that the Resolution explicitly required the OSG to actively Instead of an order of default when no answer is filed or a judgment on the
participate in all stages of the proceedings, to wit: pleadings where the answer fails to tender an issue, the court shall order
the prosecuting attorney to investigate whether or not a collusion between
Art. 48. In all cases of annulment or declaration of absolute nullity of a) The petitioner shall serve a copy of the petition on the Office the parties exists; if there is no collusion, to intervene for the State in order
marriage, the Court shall order the prosecuting attorney or fiscal of the Solicitor General and the Office of the City or Provincial to see to it that the evidence submitted is not fabricated.
assigned to it to appear on behalf of the State to take steps to prevent Prosecutor, within five days from the date of its filing and
collusion between the parties and to take care that evidence is not submit to the court proof of such service within the same If it is found that collusion exists, public prosecutor shall state in his report.
fabricated or suppressed. period.
b) The court may require the parties and the public prosecutor, in If there is no collusion, the court shall set the case for pre-trial.
In the cases referred to in the preceding paragraph, no judgment shall consultation with the Office of the Solicitor General, to file
be based upon a stipulation of facts or confession of judgment. (88a) their respective memoranda support of their claims within CASE:
fifteen days from the date the trial is terminated. It may ● Aurelio v. Aurelio
Art. 2035, NCC. No compromise upon the following questions shall be require the Office of the Solicitor General to file its own
valid: memorandum if the case is of significant interest to the State. SC notes that had the complaint been filed before SC A.M. No.
(1) The civil status of persons; No other pleadings or papers may be submitted without leave 02-11-10, it would have been denied because such rule
(2) The validity of a marriage or a legal separation; of court. After the lapse of the period herein provided, the case prohibits the filing of a motion to dismiss in actions for
(3) Any ground for legal separation; will be considered submitted for decision, with or without the annulment of marriage.
(4) Future support; memoranda.
(5) The jurisdiction of courts; c) The parties, including the Solicitor General and the public Even assuming arguendo that this Court were to agree with
(6) Future legitime. (1814a) prosecutor, shall be served with copies of the decision petitioner that the allegations contained in respondent’s
personally or by registered mail. If the respondent summoned petition are insufficient and that the RTC erred in denying
CASES: by publication failed to appear in the action, the dispositive petitioner’s motion to dismiss, the same is merely an error of
● Jocson v. Robles part of the decision shall be published once in a newspaper of judgment correctible by appeal and not an abuse of discretion
general circulation. correctible by certiorari.
Gloria filed for annulment of marriage to Ricardo Robles on d) The decision becomes final upon the expiration of fifteen days
the ground that the marriage was bigamous. Ricardo states from notice to the parties. Entry of judgment shall be made if Other matters
that the marriage is valid but his consent was obtained through no motion for reconsideration or new trial, or appeal is filed by
force and intimidation by Gloria’s parents as they knew he was any of the parties, the public prosecutor, or the Solicitor CASE:
a married man. He filed a motion for summary judgment as General. ● Chan v. Chan
there was no genuine issue. e) An aggrieved party or the Solicitor General may appeal from
the decision by filing a Notice of Appeal within fifteen days The physician-privileged communication rule essentially
The Courts stated that evidence is necessary and that they from notice of denial of the motion for reconsideration or new means that a physician who gets information while
found indications of collusion between the parties in their trial. The appellant shall serve a copy of the notice of appeal professionally attending a patient cannot in a civil case be
attempt to secure the nullification of the marriage. on the adverse parties. examined without the patient’s consent as to any facts which
The obvious intent of the Resolution was to require the OSG would blacken the latter’s communication.
● Tolentino v. Villanueva, to appear as counsel for the State in the capacity of a defensor
vinculi (i.e., defender of the marital bond) to oppose petitions Effects of pendency of action for declaration of nullity
Tolentino sought to nullify the marriage between him and for, and to appeal judgments in favor of declarations of nullity
Helen Villanueva on the ground that his consent was obtained of marriage under Article 36 of the Family Code, thereby
ensuring that only the meritorious cases for the declaration of Art. 49. During the pendency of the action and in the absence of
by fraud. Helen did not appear in the pre-trial nor did she file a adequate provisions in a written agreement between the spouses, the
responsive pleading so she was declared in default but the nullity of marriages based on psychological incapacity-those
sufficiently evidenced by gravity, incurability and juridical Court shall provide for the support of the spouses and the custody and
case was referred to the City Fiscal for investigation to support of their common children. The Court shall give paramount
determine whether there was collusion; which resulted into a antecedence-would succeed.
consideration to the moral and material welfare of said children and
negative finding. their choice of the parent with whom they wish to remain as provided
d. No motion to dismiss; no default
to in Title IX. It shall also provide for appropriate visitation rights of the
Tolentino submitted to the Fiscal only a copy of his complaint other parent. (n)
and did not comply with the Fiscal’s direction to furnish the No Motion to Dismiss
other necessary documents; he did not submit himself for Art. 198. During the proceedings for legal separation or for annulment
interrogation. Judgment cannot be based on a mere stipulation No motion to dismiss shall be allowed except on the ground of lack of
jurisdiction over the subject matter or over the parties; any other ground of marriage, and for declaration of nullity of marriage, the spouses and
of facts. their children shall be supported from the properties of the absolute
that might warrant a dismissal may be raised as an affirmative defense in
an answer. community or the conjugal partnership. After the final judgment
c. Participation of the OSG granting the petition, the obligation of mutual support between the
spouses ceases. However, in case of legal separation, the court may
CASE: order that the guilty spouse shall give support to the innocent one,
● Mendoza v. Republic No Declaration of Default
specifying the terms of such order. (292a)
Arabelle contends that the Court’s Resolution in A.M. No. If the respondent fails to file an answer, the court shall NOT declare him or
her in default. In an action for annulment or declaration of nullity of Art. 213. In case of separation of the parents, parental authority shall be
02-11-10 rendered appeals by the OSG no longer required, exercised by the parent designated by the Court. The Court shall take
and that the appeal by the OSG was a mere superfluity that marriage or for legal separation, an order of default is not allowed.
into account all relevant considerations, especially the choice of the
could be deemed to have become functus officio if not totally child over seven years of age, unless the parent chosen is unfit. (n)
disregarded.
31
CASES: Art. 53. Either of the former spouses may marry again after compliance Art. 71. The management of the household shall be the right and the
● Mallion v. Alcantara with the requirements of the immediately preceding Article; otherwise, duty of both spouses. The expenses for such management shall be
the subsequent marriage shall be null and void. paid in accordance with the provisions of Article 70. (115a)
Mallion filed before the RTC a petition to declare his marriage
with Alcantara void on the ground of psychological incapacity Art. 72. When one of the spouses neglects his or her duties to the
which was denied by both the RTC and CA. After finality of CASES: conjugal union or commits acts which tend to bring danger, dishonor or
judgment, Mallion again filed for the same petition but for ● Paterno v. Paterno injury to the other or to the family, the aggrieved party may apply to
which the ground was the absence of a marriage license. SC the court for relief. (116a)
denied for being barred by res judicata - he was simply After the trial court declared her marriage void in 2005
invoking different grounds for the same cause of action. because of both parties' psychological incapacity, the marriage
ceremony on December 27, 1987, was invalidated as if no d. On the property regime of the marriage
● David v. Calilung marriage took place. This means then that during their
ten-year cohabitation, the respondent and petitioner lived Art. 147. When a man and a woman who are capacitated to marry each
In the ordinary course of law and procedure, the petitioners' together merely as common-law spouses. Their property other, live exclusively with each other as husband and wife without the
sensible action to pursue their case is to file anew a complaint regime would have been under Art. 147 of the Family Code. benefit of marriage or under a void marriage, their wages and salaries
for declaration of nullity of marriage before a designated shall be owned by them in equal shares and the property acquired by
Family Court, without violating the rules on res judicata. b. On remarriage both of them through their work or industry shall be governed by the
rules on co-ownership.
In this case, the Orders of Branch 59 and Branch 60 do not
Art. 40. The absolute nullity of a previous marriage may be invoked for
constitute res judicata as the same are not rendered on the In the absence of proof to the contrary, properties acquired while they
purposes of remarriage on the basis solely of a final judgment declaring
merits of the RTC petition. It did not contain legal declaration lived together shall be presumed to have been obtained by their joint
such previous marriage void. (n)
of the parties' rights and liabilities nor was there a efforts, work or industry, and shall be owned by them in equal shares.
determination on whether or not the petitioners were right in For purposes of this Article, a party who did not participate in the
Art. 41. A marriage contracted by any person during subsistence of a
asking for the nullity of Rene and Cherry's marriage. In other acquisition by the other party of any property shall be deemed to have
previous marriage shall be null and void, unless before the celebration
words, the final order did not resolve substantial issues. contributed jointly in the acquisition thereof if the former’s efforts
of the subsequent marriage, the prior spouse had been absent for four
consecutive years and the spouse present has a well-founded belief consisted in the care and maintenance of the family and of the
Effects of res judicata; effects of final judgment declaring nullity household.
that the absent spouse was already dead. In case of disappearance
where there is danger of death under the circumstances set forth in the
Upon entry of judgment granting the petition, the Family Court, on motion Neither party can encumber or dispose by acts inter vivos of his or her
provisions of Article 391 of the Civil Code, an absence of only two years
of either party, shall proceed with the liquidation, partition, and distribution share in the property acquired during cohabitation and owned in
shall be sufficient.
of the properties of the spouses, including custody, support, delivery of common, without the consent of the other, until after the termination
presumptive legitimes. of their cohabitation.
For the purpose of contracting the subsequent marriage under the
preceding paragraph the spouse present must institute a summary
a. Generally When only one of the parties to a void marriage is in good faith, the
proceeding as provided in this Code for the declaration of presumptive
death of the absentee, without prejudice to the effect of reappearance share of the party in bad faith in the co-ownership shall be forfeited in
of the absent spouse. (83a) favor of their common children. In case of default of or waiver by any
Art. 50. The effects provided for by paragraphs (2), (3), (4) and (5) of or all of the common children or their descendants, each vacant share
Article 43 and by Article 44 shall also apply in the proper cases to shall belong to the respective surviving descendants. In the absence of
marriages which are declared ab initio or annulled by final judgment descendants, such share shall belong to the innocent party. In all cases,
c. On the rights and obligations between the former spouses
under Articles 40 and 45. the forfeiture shall take place upon termination of the cohabitation.
Art. 148. In cases of cohabitation not falling under the preceding Article,
The final judgment in such cases shall provide for the liquidation, Art. 68. The husband and wife are obliged to live together, observe only the properties acquired by both of the parties through their actual
partition and distribution of the properties of the spouses, the custody mutual love, respect and fidelity, and render mutual help and support. joint contribution of money, property, or industry shall be owned by
and support of the common children, and the delivery of third them in common in proportion to their respective contributions. In the
presumptive legitimes, unless such matters had been adjudicated in Art. 69. The husband and wife shall fix the family domicile. In case of absence of proof to the contrary, their contributions and corresponding
previous judicial proceedings. disagreement, the court shall decide. shares are presumed to be equal. The same rule and presumption shall
apply to joint deposits of money and evidences of credit.
All creditors of the spouses as well as of the absolute community or The court may exempt one spouse from living with the other if the
the conjugal partnership shall be notified of the proceedings for latter should live abroad or there are other valid and compelling If one of the parties is validly married to another, his or her share in the
liquidation. reasons for the exemption. However, such exemption shall not apply if co-ownership shall accrue to the absolute community or conjugal
the same is not compatible with the solidarity of the family. (110a) partnership existing in such valid marriage. If the party who acted in
In the partition, the conjugal dwelling and the lot on which it is situated, bad faith is not validly married to another, his or her shall be forfeited
shall be adjudicated in accordance with the provisions of Articles 102 Art. 70. The spouses are jointly responsible for the support of the in the manner provided in the last paragraph of the preceding Article.
and 129. family. The expenses for such support and other conjugal obligations
shall be paid from the community property and, in the absence The foregoing rules on forfeiture shall likewise apply even if both
Art. 52. The judgment of annulment or of absolute nullity of the thereof, from the income or fruits of their separate properties. In case parties are in bad faith. (144a)
marriage, the partition and distribution of the properties of the spouses of insufficiency or absence of said income or fruits, such obligations
and the delivery of the children’s presumptive legitimes shall be shall be satisfied from the separate properties. (111a)
recorded in the appropriate civil registry and registries of property;
otherwise, the same shall not affect third persons. (n)
32
In Article 147, FC CASES: e. On legitimes of the common children

● Special Co-ownership property regime ● Valdes v. RTC
● Applies to a man and woman who are capacitated to marry Art. 50. The effects provided for by paragraphs (2), (3), (4) and (5) of
each other. The dissolution of the property regimes in marriages declared
void shall be made under either Art. 147 (special Article 43 and by Article 44 shall also apply in the proper cases to
co-ownership) or 148 (limited co-ownership). marriages which are declared void ab initio or annulled by final
In Article 148, FC judgment under Articles 40 and 45.
● Limited Co-ownership property regime The first par. of Art. 50 of the Family Code, applying pars. (2),
● Not capacitated. (3), (4), and (5) of Art. 43, relates only, by its explicit terms, to The final judgment in such cases shall provide for the liquidation,
VOIDABLE marriages, and exceptionally to VOID marriages partition and distribution of the properties of the spouses, the custody
Special Co-Ownership: under Art. 40 of the family Code (declaration of nullity of a and support of the common children, and the delivery of the
subsequent marriage contracted by a spouse of a prior void presumptive legitimes, unless such matters had been adjudicated in
● Created when parties who are legally capacitated to marry
marriage before the latter is judicially declared void). previous judicial proceedings. xxx
exclusively cohabit with each other without the benefit of
marriage, or the marriage is void.
● Dino v. Dino Art. 51. In said partition, the value of the presumptive legitimes of all
common children, computed as of the date of the final judgment of
Limited Co-Ownership:
For marriages declared void ab initio under Art. 36 for the trial court, shall be delivered in cash, property or sound securities,
● Created when parties cohabit with each other when they are unless the parties, by mutual agreement judicially approved, had
psychological incapacity, the property regime is that of
not legally capacitated to marry or their cohabitation is not already provided for such matters.
co-ownership where there needs to be no liquidation, partition
exclusive.
or distribution before declaration of nullity can be issued.
The children or their guardian or the trustee of their property may ask
Property Regime of Unions Without Marriage: for the enforcement of the judgment.
● Barrido v. Nonato
The delivery of the presumptive legitimes herein prescribed shall in no
Article 147 vs Article 148 of the FC: The marriage here was declared void on the ground of way prejudice the ultimate successional rights of the children accruing
psychological incapacity. The property regime of marriages upon the death of either of both of the parents; but the value of the
FC 147 FC 148 falling under Article 147 is that of co-ownership; any property properties already received under the decree of annulment or absolute
acquired during the duration of their marriage shall be nullity shall be considered as advances on their legitime. (n)
presumed to have been obtained by their joint efforts, work, or
A man and a woman capacitated A man and a woman living Article 886, NCC. Legitime is that part of the testator's property which
industry. Thus, they own equal shares of the property.
to marry each other, live together as husband and wife, he cannot dispose of because the law has reserved it for certain heirs
exclusively with each other as one or both have legal The rules which are set up to govern the liquidation of either who are, therefore, called compulsory heirs. (806)
husband and wife, without impediment to contract a the ACP or CPG, property relations covered by valid and
voidable marriages, are irrelevant to the liquidation of the Art. 176. Illegitimate children shall use the surname and shall be under
marriage or under a void marriage. the parental authority of their mother, and shall be entitled to support
co-ownership that exists between common-law spouses or
marriage. in conformity with this Code. The legitime of each illegitimate child
spouses of void-marriages.
1. Man and woman shall consist of one-half of the legitime of a legitimate child. Except for
1. Man and a woman 2. Living together as husband this modification, all other provisions in the Civil Code governing
● Paterno v. Paterno
2. Living together as husband and wife successional rights shall remain in force. (287a)
and wife 3. NOT capacitated to marry
Marriage was declared void due to psychological incapacity.
3. With capacity to marry (Art. 35(1) FC under 18 yrs Article 908, NCC. To determine the legitime, the value of the property
Since the petitioner and the respondent suffer no legal
(Art. 5, FC without any legal old). left at the death of the testator shall be considered, deducting all debts
impediment and exclusively lived with each other under a void
impediment) 4. Adulterous relationship (e.g. and charges, which shall not include those imposed in the will. xxx
marriage, their property relation is one of co-ownership under
○ At least 18 yrs old concubinage)
Article 147 of the Family Code.
○ Not Art. 37, FC 5. Bigamouse/polygamous
(incestous void marriage (Art. 35(4) FC)
Since the Ayala Alabang and Rockwell properties were A.M. No. 02-11-10-SC, Sec. 21. Art. 147 of the Family Code
marriages) 6. Incestuous marriages under
purchased while the petitioner and the respondent were living
○ Not Art. 38, FC (void Art. 37 FC
together, it is presumed that both parties contributed in their
marriage by reason 7. Void marriages by reason of Only upon entry of the judgment NOT IN THE PROVISION:
acquisition through their joint efforts (which includes one's
of public policy public policy under Art. 38, granting the petition, the Family
efforts in the care and maintenance of the family and of the
○ Not bigamous FC Court, on motion of either party, [In] co-ownership. there needs
household), work or industry. Thus, the properties must be
4. Other void / live-in shall proceed with the liquidation, to be no liquidation, partition or
divided between them equally.
partition and distribution of the distribution before declaration of
properties of the spouses, nullity can be issued. (Dino v.
Equal shares even if 1 party’s Actual joint contribution of ● Tanyag v. Tanyag
including custody, support of Dino)
efforts consist in taking care of money, property, or industry in common children and delivery of
The status of a marriage determines the property relations
the family and managing the the acquisition of properties. their presumptive legitimes
between the parties. The declaration of absolute nullity of a
household. pursuant to Articles 50 and 51 of
marriage on the ground of psychological capacity will create a
the Family Code unless such
special co-ownership between the parties under Article 147 of
matters had been adjudicated in
the Family Code.
previous judicial proceedings.
33
f. On the status and custody of children g. On use of surnames

REQUISITE EFFECT STATUS OF STATUS PROPERTY
OF DEFECT MARRIAGE OF CHILD REGIME
Art. 54. Children conceived or born before the judgment of annulment Art. 364, NCC. Legitimate and legitimated children shall principally use
or absolute nullity of the marriage under Article 36 has become final Legitimate the surname of the father.
and executory shall be considered legitimate. Children conceived or Age [Art. 35(1)] VOIDABLE *Child Marriages ACP/CPG
born of the subsequent marriage under Article 53 shall likewise be Law Art. 369, NCC. Children conceived before the decree annulling a
legitimate. voidable marriage shall principally use the surname of the father.
Art. 164. Children conceived or born during the marriage of the parents Bigamy [Art. Limited -
Legal VOID Illegitimate Art. 371, NCC. In case of annulment of marriage, and the wife is the
are legitimate. 35(4)] Art. 148
guilty party, she shall resume her maiden name and surname. If she is
Capacity
the innocent spouse, she may resume her maiden name and surname.
Art. 165. Children conceived and born outside a valid marriage are (Essential) Limited - However, she may choose to continue employing her former
illegitimate, unless otherwise provided in this Code. (n) Incest (Art. 37) VOID Illegitimate husband's surname, unless:
Art. 148
Art. 176. Illegitimate children shall use the surname and shall be under (1) The court decrees otherwise, or
the parental authority of their mother, and shall be entitled to support Public Policy Limited -
in conformity with this Code. The legitime of each illegitimate child VOID Illegitimate
(Art. 38) Art. 148 (2) She or the former husband is married again to another person.
shall consist of one-half of the legitime of a legitimate child. Except for
this modification, all other provisions in the Civil Code governing Art. 176, FC. Illegitimate children shall use the surname and shall be
successional rights shall remain in force. (287a) Consent Mistake in
Special - under the parental authority of their mother, and shall be entitled to
freely given Identity [Art. VOID Illegitimate support in conformity with this Code. The legitime of each illegitimate
Art. 147
Article 369, NCC. Children conceived before the decree annulling a (Essential) 35(5)] child shall consist of one-half of the legitime of a legitimate child.
voidable marriage shall principally use the surname of the father. Except for this modification, all other provisions in the Civil Code
SO Without governing successional rights shall remain in force. (287a)
Authority
Authority VOID Special - If wife is GUILTY - she shall resume her maiden name and surname (Art.
Illegitimate 371, NCC)
of the XPN: Good faith Art. 147
Solemnizing on the parties XPN =
XPN = If wife is INNOCENT - she may resume her maiden name and surname,
Officer believing that VALID XPN = but she may choose to continue using her husband’s surname unless the
Legitimate
(Formal) solemnizing ACG/CPG court decrees otherwise or remarriage by either parties. (Art. 371, NCC)
officer had legal
authority Legitimate/d children - surname of the father (Art. 371, NCC)
Illegitimate children:
Valid GR: surname of the mother (Art. 176, FC)
Marriage Special - XPN: surname of the father if filiation is recognized by their father
Without license VOID Illegitimate
License Art. 147
(Formal) CASES:
● Yasin v. Shari’a District Court
Marriage SC held that the use of the husband’s surname during the
No marriage Special -
ceremony VOID Illegitimate marriage, after annulment of the marriage, and after the death
ceremony Art. 147 of the husband is permissive and not obligatory.
(Formal)
● In Re: Petition to Use Maiden Name, Josephine P. Uy-Timosa

Psychological Special -
- VOID Legitimate
incapacity Art. 147 According to Art. 370 of the Civil Code, a married woman
“may” use her husband’s name in various ways:
(1) Her maiden first name and surname and add her
Special -
Art. 35(6) Art. 53 VOID Legitimate husband’s surname, or;
Art. 147 (2) Her maiden first name and her husband’s
surname, or;
Limited - (3) Her husband’s full name, but prefixing a word
Art. 44 Both in bad faith VOID Illegitimate indicating that she is his wife, such as “Mrs.”
Art. 148
The Court explained that a married woman’s use of her
Only one in Limited - husband’s name is optional and not obligatory. There is no law
Santos v. Santos VOID Illegitimate mandating a woman to change her name upon marriage.
bad faith Art. 148
34
● Remo v. DFA ● Hrs. of Caburnay v. Hrs. of Sison

VOIDABLE MARRIAGES
Name change in passport is only allowed in certain scenarios - With Perpetua's death, the liquidation of the conjugal
the Philippine Passport Act and its IRR provide that a woman partnership between her and Teodulo should have ensued. VOID v. VOIDABLE MARRIAGES
can only revert to her maiden name if she has not used her
married name already, or if she obtains an annulment, divorce, In many instances, however, the surviving spouse and the heirs
or declaration of nullity of marriage. of the deceased spouse do not liquidate the conjugal Art. 4. xxx - A defect in any of the essential requisites shall render the
properties and they keep them undivided. In such case, a marriage voidable as provided in Article 45. - xxx
h. On hereditary rights of the former spouses co-ownership is deemed established for the management,
control and enjoyment of the common property. Since the Art. 45. A marriage may be annulled for any of the following causes,
conjugal partnership no longer subsists, the fruits of the existing at the time of the marriage:
Art. 43. The termination of the subsequent marriage referred to in the common property are divided according to the law on
preceding Article shall produce the following effects: co-ownership; that is, in proportion to the share or interest of (1) That the party in whose behalf it is sought to have the
(5) The spouse who contracted the subsequent marriage in bad faith each party. marriage annulled was eighteen years of age or over but
shall be disqualified to inherit from the innocent spouse by testate and below twenty-one, and the marriage was solemnized
intestate succession. (n) ● Santos v. Santos without the consent of the parents, guardian or person
having substitute parental authority over the party, in that
Art. 50. The effects provided for by paragraphs (2), (3), (4) and (5) of In the present case, it was already established that the subject order, unless after attaining the age of twenty-one, such
Article 43 and by Article 44 shall also apply in the proper cases to property was acquired by Jose by onerous title during his party freely cohabited with the other and both lived
marriages which are declared ab initio or annulled by final judgment marriage to Maria despite being denominated as donation. together as husband and wife;
under Articles 40 and 45. The subject property was acquired by way of disturbance
compensation. Thus, it shall form part of the community (2) That either party was of unsound mind, unless such party
The final judgment in such cases shall provide for the liquidation, property of Jose and Maria and one-half of the property after coming to reason, freely cohabited with the other as
partition and distribution of the properties of the spouses, the custody belongs to Maria. husband and wife;
and support of the common children, and the delivery of third
presumptive legitimes, unless such matters had been adjudicated in i. Effect of death (3) That the consent of either party was obtained by fraud,
previous judicial proceedings. unless such party afterwards, with full knowledge of the
facts constituting the fraud, freely cohabited with the other
Art. 103. Upon the termination of the marriage by death, the as husband and wife;
CASES: community property shall be liquidated in the same proceeding for the
● Hrs. of Go v. Servacio; Domingo v. Molina; settlement of the estate of the deceased. (4) That the consent of either party was obtained by force,
Under Art. 30 of the FC, death extinguishes the conjugal intimidation or undue influence, unless the same having
If no judicial settlement proceeding is instituted, the surviving spouse disappeared or ceased, such party thereafter freely
partnership and allows the rules of co-ownership to apply shall liquidate the community property either judicially or
among the heirs. cohabited with the other as husband and wife;
extra-judicially within one year from the death of the deceased spouse.
If upon the lapse of the said period, no liquidation is made, any (5) That either party was physically incapable of
● Uy v. Estate of Fernandez disposition or encumbrance involving the community property of the consummating the marriage with the other, and such
terminated marriage shall be void. incapacity continues and appears to be incurable; or
Under Art. 130 of the Family Code, the conjugal partnership
property, upon its dissolution due to the death of either Should the surviving spouse contract a subsequent marriage without
spouse, shall be liquidated either in the same proceeding for (6) That either party was afflicted with a
complying with the foregoing requirements, a mandatory regime of sexually-transmissible disease found to be serious and
the settlement of the estate of the deceased or, in the complete separation of property shall govern the property relations of
absence thereof, by the surviving spouse within one year from appears to be incurable. (85a)
the subsequent marriage. (n)
the death of the deceased spouse. That absent any liquidation,
any disposition or encumbrance of the conjugal parntership is Art. 130. Upon the termination of the marriage by death, the conjugal In general, a marriage is voidable (valid until annulled) if there is a defect in
void. partnership property shall be liquidated in the same proceeding for the any of its essential requisites (legal capacity and consent).
settlement of the estate of the deceased.
● Jimenez v. Dy As distinguished from an action for declaration of absolute nullity of a void
If no judicial settlement proceeding is instituted, the surviving spouse marriage which renders the marriage void from the beginning, annulment
Upon the death of Marcosa, the conjugal nature of the shall liquidate the conjugal partnership property either judicially or presupposes that it subsists but later ceases to have legal effect when it is
property was dissolved and the interest of Sixto (surviving extra-judicially within six months from the death of the deceased terminated through a court action.
spouse), with respect to his undivided one-half share on the spouse. If upon the lapse of the six-month period no liquidation is
conjugal property goes to and becomes vested on him. made, any disposition or encumbrance involving the conjugal Some characteristics of a voidable marriage:
However, the legitimate child, Roberta, is also entitled to 1/4th partnership property of the terminated marriage shall be void. ● Defect existed at the time of the celebration of the marriage;
of the property. ● Cannot be raised collaterally;
Should the surviving spouse contract a subsequent marriage without ● Can be assailed only during the lifetime of the parties and not
compliance with the foregoing requirements, a mandatory regime of after death of either;
complete separation of property shall govern the property relations of ● Only the parties to the marriage can assail it;
the subsequent marriage. (n) ● Action for annulment is subject to prescription; and
● Subject to ratification except for the grounds in (5) and (6)
35
GROUNDS FOR ANNULMENT INSANITY

*SEE VOIDABLE TABLE AT THE END OF REVIEWER* No other misrepresentation or deceit as to character, health, rank,
fortune or chastity shall constitute such fraud as will give grounds for
ABSENCE OF PARENTAL CONSENT Art. 45. A marriage may be annulled for any of the following causes, action for the annulment of marriage. (86a)
(2) That either party was of unsound mind, unless such party Art. 47. The action for annulment of marriage must be filed by the
Art. 5. Any male or female of the age of eighteen years or upwards not after coming to reason, freely cohabited with the other as husband and following persons and within the periods indicated herein:
under any of the impediments mentioned in Articles 37 and 38, may wife; (3) For causes mentioned in number 3 of Article 45, by the injured
contract marriage. (54a) party, within five years after the discovery of the fraud;
Art. 47. The action for annulment of marriage must be filed by the
Art. 14. In case either or both of the contracting parties, not having been following persons and within the periods indicated herein:
emancipated by a previous marriage, are between the ages of eighteen (2) For causes mentioned in number 2 of Article 45, by the same Fraud, as a ground for annulment of marriage, refers to non-disclosure or
and twenty-one, they shall, in addition to the requirements of the spouse, who had no knowledge of the other’s insanity; or by any concealment of some facts deemed material to the marital relations.
preceding articles, exhibit to the local civil registrar, the consent to their relative or guardian or person having legal charge of the insane, at any
marriage of their father, mother, surviving parent or guardian, or time before the death of either party, or by the insane spouse during a The enumeration of circumstances that constitute fraud under Art. 46 of
persons having legal charge of them, in the order mentioned. Such lucid interval or after regaining sanity; the Family Code is EXCLUSIVE and no other circumstance may constitute
consent shall be manifested in writing by the interested party, who fraud for annulment of marriage.
personally appears before the proper local civil registrar, or in the form Article 1149, NCC. All other actions whose periods are not fixed in this
of an affidavit made in the presence of two witnesses and attested Code or in other laws must be brought within five years from the time CASES:
before any official authorized by law to administer oaths. The personal the right of action accrues. (n) ● Anaya v. Palaroan
manifestation shall be recorded in both applications for marriage
license, and the affidavit, if one is executed instead, shall be attached SC held that nondisclosure of a premarital relationship is not
to said applications. (61a) To successfully invoke the ground for annulment that either party was of one of the enumerated circumstances that would constitute
unsound mind at the time of the celebration of the marriage, the mental fraud and become a valid ground for annulment.
Art. 45. A marriage may be annulled for any of the following causes, incapacity of one the parties must relate specifically to the contract of
existing at the time of the marriage: marriage. ● Hernandez v. Court of Appeals and Hernandez
(1) That the party in whose behalf it is sought to have the The test is whether the party at the time of the marriage was capable of RTC held that relief cannot be granted even under Art. 46 (3)
marriage annulled was eighteen years of age or over but understanding the nature and consequences of the marriage. of the Family Code (fraud) as there is no dispute that the
below twenty-one, and the marriage was solemnized “gonorrhea” transmitted to her occurred 5 years after their
without the consent of the parents, guardian or person CASE: marriage.
having substitute parental authority over the party, in that ● Katipunan v. Tenorio
order, unless after attaining the age of twenty-one, such ● Buccat v. Buccat
party freely cohabited with the other and both lived SC held that Katipunan was not able to establish that Tenorio
together as husband and wife; was mentally unsound at the time of the celebration of the SC held that it was highly unlikely that at the time of the
marriage. Katipunan even revealed that since the time he marriage, Godofredo did not know, or even suspect, that Luida
Art. 47. The action for annulment of marriage must be filed by the courted Tenorio until they were married, he did not notice any was 6 months pregnant. The Court found it impossible for a
following persons and within the periods indicated herein: signs that she was mentally unsound. He still continued to live first year law student would not notice that his wife-to-be is 6
and cohabit with her for the next seven (7) years hoping that months pregnant at the time of their marriage.
(1) For causes mentioned in number 1 of Article 45 by the she will get better later on despite having lucid intervals.
party whose parent or guardian did not give his or her In accordance with Art. 45(3), the fact that Godofredo willingly
consent, within five years after attaining the age of FRAUD cohabitation with Luida, despite telltale signs of her
twenty-one, or by the parent or guardian or person having pregnancy, does not allow him to file for annulment.
legal charge of the minor, at any time before such party
has reached the age of twenty-one; Art. 45. A marriage may be annulled for any of the following causes, ● Aquino v. Delizo
(3) That the consent of either party was obtained by fraud, unless such SC held that Fernando could not have known she was 4
A person at least 18 years of age is legally capacitated to contract marriage, party afterwards, with full knowledge of the facts constituting the months pregnant at the time of the marriage, since Conchita
the law however imposes a further requirement of obtaining “parental fraud, freely cohabited with the other as husband and wife; was “naturally plump” and that the enlargement of a woman’s
consent” if such party is below 21. abdomen only becomes apparent on the sixth month of
Art. 46. Any of the following circumstances shall constitute fraud pregnancy.
CASE: referred to in Number 3 of the preceding Article:
● Moe v. Dinkins (1) Non-disclosure of a previous conviction by final judgment ● Almelor v. RTC
of the other party of a crime involving moral turpitude;
These couples questioned the constitutionality of the New (2) Concealment by the wife of the fact that at the time of the SC held that homosexuality is not a proper ground to annul a
York Statute requiring parental consent; SC held that the law marriage, she was pregnant by a man other than her marriage, it is the concealment at the time of the marriage.
was constitutional because the state has a legitimate interest husband;
in protecting minors from immature decision making. (3) Concealment of sexually transmissible disease, regardless Despite that, no sufficient proof was presented that Manuel is
(1) Peculiar vulnerability of children; of its nature, existing at the time of the marriage; or indeed a homosexual and that he hid this from Leonida at the
(2) Inability to make critical decisions in an informed (4) Concealment of drug addiction, habitual alcoholism or time of their marriage.
and mature matter; homosexuality or lesbianism existing at the time of the
(3) Importance of the parental role in child-rearing marriage.
36
● Republic v. Villacorta CASES: AFFLICTION WITH STD

● Ruiz v. Atienza
Melvin got a DNA test which showed a 0.00% probability of
him being the father. SC held that Jose could not establish the threats made by the Art. 45. A marriage may be annulled for any of the following causes,
father (it was found that only a one and a half inch knife was existing at the time of the marriage:
Melvin filed a petition for annulment which SC ultimately found in the possession of Jose) and that the threat to obstruct (6) That either party was afflicted with a sexually-transmissible
denied as Janufi was not pregnant at the time of her marriage his admission from the bar is not a duress as to constitute a disease found to be serious and appears to be incurable. (85a)
and it was clear from her messages that she had no intention reason for annulling the marriage as it is not UNLAWFUL.
to deceive her husband - while she may have misrepresented Art. 47. The action for annulment of marriage must be filed by the
her chastity, it cannot be discounted that she honestly ● Villanueva v. Court of Appeals and Canalita-Villanueva following persons and within the periods indicated herein:
believed that her husband was the father of her child. (5) For causes mentioned in number 5 and 6 of Article 45, by the
SC however found that his job as a security guard in a bank injured party, within five years after the marriage. (87a)
FORCE, INTIMIDATION AND UNDUE INFLUENCE should give way to the reasonable assumption that he knew
the rudiments of self-defense. He also never sought for OTHERS
security assistance from his school or from the police, neither
Art. 45. A marriage may be annulled for any of the following causes, did he inform the judge about his predicament prior to
existing at the time of the marriage: CASES:
solemnizing their marriage. ● Republic v. Albios
(4) That the consent of either party was obtained
by force, intimidation or undue influence, The intimidation or threats must be in relation to the marriage.
unless the same having disappeared or Liberty Albios and Daniel Lee Fringer, an American, contracted
ceased, such party thereafter freely cohabited marriage for personal gain, that is, for Albios to obtain an
PHYSICAL INCAPACITY/IMPOTENCE American citizenship , and for Fringer, the consideration of
with the other as husband and wife;
$2,000.
Art. 47. The action for annulment of marriage must be filed by the Art. 45. A marriage may be annulled for any of the following causes,
following persons and within the periods indicated herein: existing at the time of the marriage: Marriages entered into for other purposes, limited or
(4) For causes mentioned in number 4 of Article 45, by the (1) That either party was physically incapable of otherwise, such as convenience, companionship, money,
injured party, within five years from the time the force, intimidation or consummating the marriage with the other, and such status, and title, provided that they comply with all the legal
undue influence disappeared or ceased; incapacity continues and appears to be incurable; or requisites are equally valid.
Article 1335, NCC. There is violence when in order to wrest consent, Art. 47. The action for annulment of marriage must be filed by the ● Morimoto v. Morimoto
serious or irresistible force is employed. following persons and within the periods indicated herein:
(5) For causes mentioned in number 5 and 6 of Article 45, by the Rosario was introduced to Yoshio so she could simulate a
There is intimidation when one of the contracting parties is compelled injured party, within five years after the marriage. (87a) marriage as a way to bolster her chances to acquire a Japanese
by a reasonable and well-grounded fear of an imminent and grave evil visa. The two met at Manila City Hall, signed a blank marriage
upon his person or property, or upon the person or property of his certificate in front of a solemnizing officer, and were informed
spouse, descendants or ascendants, to give his consent. the marriage certificate would not be registered.
CASES:
To determine the degree of intimidation, the age, sex and condition of ● Jimenez v. Cañizares Rosario filed a Petition for Declaration of Nullity of Marriage.
the person shall be borne in mind. She presented a Certification by the Office of the Civil
Joel filed a complaint to annul his marriage to Remedios on Registrar, Philippine Statistics Authority, that the office
A threat to enforce one's claim through competent authority, if the the ground that her vagina was too small to allow the mistakenly stated a marriage was solemnized between the
claim is just or legal, does not vitiate consent. (1267a) penetration of a penis for copulation. SC held that whether two and another which states there was no record of their
Remedios is really impotent cannot be deemed to have been supposed marriage license.
Article 1336, NCC. Violence or intimidation shall annul the obligation, satisfactorily established (she did not submit herself to a
although it may have been employed by a third person who did not physical examination); lone testimony of husband is When one party has no intention of becoming a spouse to
take part in the contract. (1268) insufficient; presumption is in favor of potency another, the marriage is void for want of consent.
Article 1337, NCC. There is undue influence when a person takes ● Sarao v. Guevara In the present case, petitioner admitted that her marriage with
improper advantage of his power over the will of another, depriving the respondent is a fake. It was done so she could acquire a
latter of a reasonable freedom of choice. The following circumstances SC held that the test of impotence is not the ability to Japanese visa. The Court finds petitioner’s assertions to be
shall be considered: the confidential, family, spiritual and other procreate, but the ability to copulate. Guevarra was not corresponding with the truth for being an admission against
relations between the parties, or the fact that the person alleged to impotent at the time the marriage was celebrated, the tumor interest (she could be liable for falsification).
have been unduly influenced was suffering from mental weakness, or did not necessarily render her incapable of copulation or even
was ignorant or in financial distress. (n) procreation. Barrenness will not invalidate the marriage. Additionally, the marriage lacks the formal requisites of a
Marriage License and a Marriage Ceremony. Therefore, the
● Alcazar v. Alcazar marriage between Rosario and Yoshio is null and void ab initio.
Duress which will vitiate a marriage must clearly have dominated
throughout the transaction to such an extent that the person influenced SC held that incapacity to consummate denotes the
could and did not act as a free agent. permanent inability of the part of the spouses to perform the
complete act of sexual intercourse - Veronica even admitted
during her cross-examination that they had sexual intercourse
after their wedding and before Rey left for abroad.
37
WHO CAN SEEK ANNULMENT EFFECTS OF PENDENCY OF ACTION FOR ANNULMENT

and executory shall be considered legitimate. Children conceived or
born of the subsequent marriage under Article 53 shall likewise be
A.M. No. 02-11-10-SC, Section 3. Petition for annulment of voidable Art. 49. During the pendency of the action and in the absence of legitimate.
marriages. - adequate provisions in a written agreement between the spouses, the
Court shall provide for the support of the spouses and the custody and Art. 99. The absolute community terminates:
(a) Who may file. - The following persons may file a petition for support of their common children. The Court shall give paramount
annulment of voidable marriage based on any of the grounds under consideration to the moral and material welfare of said children and (1) Upon the death of either spouse;
article 45 of the Family Code and within the period herein indicated: their choice of the parent with whom they wish to remain as provided
to in Title IX. It shall also provide for appropriate visitation rights of the (2) When there is a decree of legal separation;
(1) The contracting party whose parent, or guardian, or person other parent. (n)
exercising substitute parental authority did not give his or her consent, (3) When the marriage is annulled or declared void; or
within five years after attaining the age of twenty-one unless, after
attaining the age of twenty-one, such party freely cohabitated with the EFFECTS OF DECREE OF ANNULMENT (4) In case of judicial separation of property during the marriage under
other as husband or wife; or the parent, guardian or person having legal Articles 134 to 138. (175a)
charge of the contracting party , at any time before such party has Art. 50. The effects provided for by paragraphs (2), (3), (4) and (5) of
reached the age of twenty-one; Article 43 and by Article 44 shall also apply in the proper cases to a. Generally
marriages which are declared ab initio or annulled by final judgment
(2) The sane spouse who had no knowledge of the other's insanity; or under Articles 40 and 45.
by any relative, guardian, or person having legal charge of the insane, at CASE:
any time before the death of either party; or by the insane spouse ● Chan-Tan v. Chan
The final judgment in such cases shall provide for the liquidation,
during the a lucid interval or after regaining sanity, provided that the partition and distribution of the properties of the spouses, the custody
petitioner , after coming to reason, has not freely cohabited with the SC held that the denials were correct as the decision annulling
and support of the common children, and the delivery of third the marriage had already become final and executory when
other as husband or wife; presumptive legitimes, unless such matters had been adjudicated in either party failed to appeal during the reglementary period.
previous judicial proceedings.
(3) The injured party whose consent was obtained by fraud, within five
years after the discovery of the fraud, provided that said party, with full Notice was sent to the counsel of record and was found to be
All creditors of the spouses as well as of the absolute community or binding upon the client and the neglect or failure of the
knowledge of the facts constituting the fraud, has not freely cohabited the conjugal partnership shall be notified of the proceedings for
with the other as husband or wife; counsel to inform the client of an adverse judgment resulting
liquidation. in the loss of the latter’s right to appeal is not a ground for
(4) The injured party whose consent was obtained by force, setting aside a judgment valid and regular on its face.
In the partition, the conjugal dwelling and the lot on which it is situated,
intimidation, or undue influence, within five years from the time the shall be adjudicated in accordance with the provisions of Articles 102
force intimidation, or undue influence disappeared or ceased, provided b. On remarriage
and 129.
that the force, intimidation, or undue influence having disappeared or
ceased, said party has not thereafter freely cohabited with the other as Art. 51. In said partition, the value of the presumptive legitimes of all Art. 40. The absolute nullity of a previous marriage may be invoked for
husband or wife; common children, computed as of the date of the final judgment of purposes of remarriage on the basis solely of a final judgment declaring
the trial court, shall be delivered in cash, property or sound securities, such previous marriage void. (n)
(5) The injured party where the other spouse is physically incapable of unless the parties, by mutual agreement judicially approved, had
consummating the marriage with the other and such incapability already provided for such matters. Art. 41. A marriage contracted by any person during subsistence of a
continues and appears to be incurable, within five years after the previous marriage shall be null and void, unless before the celebration
celebration of marriage; and The children or their guardian or the trustee of their property may ask of the subsequent marriage, the prior spouse had been absent for four
for the enforcement of the judgment. consecutive years and the spouse present has a well-founded belief
(6) The injured party where the other party was afflicted with a that the absent spouse was already dead. In case of disappearance
sexually-transmissible disease found to be serious and appears to be The delivery of the presumptive legitimes herein prescribed shall in no where there is danger of death under the circumstances set forth in the
incurable, within five years after the celebration of marriage. way prejudice the ultimate successional rights of the children accruing provisions of Article 391 of the Civil Code, an absence of only two years
upon the death of either of both of the parents; but the value of the shall be sufficient.
WHEN TO SEEK ANNULMENT properties already received under the decree of annulment or absolute
*SEE VOIDABLE TABLE AT THE END OF REVIEWER* nullity shall be considered as advances on their legitime. (n) For the purpose of contracting the subsequent marriage under the
preceding paragraph the spouse present must institute a summary
PROCEDURE IN ACTIONS FOR ANNULMENT Art. 52. The judgment of annulment or of absolute nullity of the proceeding as provided in this Code for the declaration of presumptive
marriage, the partition and distribution of the properties of the spouses death of the absentee, without prejudice to the effect of reappearance
and the delivery of the children’s presumptive legitimes shall be of the absent spouse. (83a)
Art. 48. In all cases of annulment or declaration of absolute nullity of recorded in the appropriate civil registry and registries of property;
marriage, the Court shall order the prosecuting attorney or fiscal otherwise, the same shall not affect third persons. (n)
assigned to it to appear on behalf of the State to take steps to prevent c. On the rights and obligations between the former spouses
collusion between the parties and to take care that evidence is not Art. 53. Either of the former spouses may marry again after compliance
fabricated or suppressed. with the requirements of the immediately preceding Article; otherwise, Art. 68-73
the subsequent marriage shall be null and void.
In the cases referred to in the preceding paragraph, no judgment shall
be based upon a stipulation of facts or confession of judgment. (88a) Art. 54. Children conceived or born before the judgment of annulment
or absolute nullity of the marriage under Article 36 has become final
38
d. On the property regime of the marriage
Art. 50. xxx The final judgment in such cases shall provide for the
liquidation, partition and distribution of the properties of the spouses,
the custody and support of the common children, and the delivery of
third presumptive legitimes, unless such matters had been adjudicated
in previous judicial proceedings.
All creditors of the spouses as well as of the absolute community or

the conjugal partnership shall be notified of the proceedings for
liquidation.
In the partition, the conjugal dwelling and the lot on which it is situated,
shall be adjudicated in accordance with the provisions of Articles 102
and 129.
Art. 138. After dissolution of the absolute community or of the conjugal

partnership, the provisions on complete separation of property shall
apply. (191a)
e. On presumptive legitimes/hereditary rights
Same as effect of void marriages
f. On the status and custody of children
Art. 54. Children conceived or born before the judgment of annulment

or absolute nullity of the marriage under Article 36 has become final
and executory shall be considered legitimate.
g. On the use of surnames
Same as void marriages
h. Marriage when one spouse is absent
See discussion on Arts. 40-45
i. Forfeiture and delivery of presumptive legitimes
Presumptive legitimes of children shall be delivered upon a judicial

declaration or final judgment of nullity.
39
VOIDABLE MARRIAGES
Defect Requirement Who may annul Period to annul Ratification
Without parental Either party aged 18-21: Party whose parent or guardian did not give Within 5 years after attaining the Unless after attaining the age of
consent Did not acquire consent from father, mother, surviving his or her consent age of 21 twenty-one, such party freely
[Art. 45(1)] parent or guardian; cohabited with the other and both
Not emancipated by a previous marriage; Parent or guardian or person having legal Any time before such party has lived together as husband and wife;
charge of the minor reached the age of 21
Of unsound mind Mental incapacity must relate specifically to the contract Sane spouse; Insane spouse during a lucid During lifetime of the parties Unless the insane party, after coming
[Art. 45(2)] of marriage interval; Relative or guardian or person 5 years (Art. 1149, NCC) to reason, freely cohabited with the
having legal charge of the insane other as husband and wife
Fraud Consent was obtained with fraud which should be: By the injured party Within 5 years after the discovery Unless the injured party afterwards,
[Art. 45(3)] (1) Non-disclosure of a previous conviction by final of the fraud with full knowledge of the facts
judgment of the other party of a crime involving moral constituting the fraud, freely cohabited
turpitude; with the other as husband and wife
(2) Concealment by the wife of the fact that at the time

of the marriage, she was pregnant by a man other than
her husband;
(3) Concealment of sexually transmissible disease,

regardless of its nature, existing at the time of the
marriage; or
(4) Concealment of drug addiction, habitual alcoholism

or homosexuality or lesbianism existing at the time of
the marriage.
Force, intimidation, That the consent was obtained by force, intimidation or By the injured party Within five years from the time Unless the force, undue influence or
undue influence undue influence the force, intimidation or undue intimidation having disappeared or
[Art. 45(4)] influence disappeared or ceased ceased, such party thereafter freely
cohabited with the other as husband
and wife
Physical Either party was physically incapable of consummating By the injured party Within five years after the -
Incapacity/Impotence the marriage with the other; marriage
[Art. 45(5)] Such incapacity continues and appears to be incurable
Affliction with STD Either party was afflicted with a sexually-transmissible By the injured party Within five years after the -
[Art. 45(6)] disease found to be serious and appears to be incurable marriage
Children are LEGITIMATE; Property regime is ACP/CPG Ratification + prescription
Effects of marriage being annulled: Art. 43 (2)-(5), FC
40
● Vda. de Canada v. Baclot

LEGAL SEPARATION & DIVORCE; MARRIAGES DISSOLVED BY A Art. 101. If a spouse without just cause abandons the other or fails to
FOREIGN JUDGMENT comply with his or her obligations to the family, the aggrieved spouse The SC however held that as Sancho and Cresencia entered
may petition the court for receivership, for judicial separation of into a common-law marriage while the marriage to Agrifina
property or for authority to be the sole administrator of the absolute was still subsisting, Art. 148 of the Family Code is applicable.
1. Concepts of separation and divorce community, subject to such precautionary conditions as the court may
impose. The ownership of the properties jointly acquired by the parties
In legal separation, the spouses may live separately from each other but
the marriage bonds are not severed; the parties are therefore not allowed who are cohabiting under the circumstances provided is
The obligations to the family mentioned in the preceding paragraph relative to their respective contributions, requiring actual proof.
to remarry. refer to marital, parental or property relations. In the absence of proof of their quantifiable actual
Philippine laws do not provide for absolute divorce although it recognizes contribution, their contributions are deemed equal. However, if
A spouse is deemed to have abandoned the other when her or she has proof of actual contribution per se was not shown,
as valid the divorce obtained by an alien spouse who is married to a citizen left the conjugal dwelling without intention of returning. The spouse
of the Philippines. co-ownership will not arise. In this case, the subject properties
who has left the conjugal dwelling for a period of three months or has were registered in the name of Cresencia alone.
failed within the same period to give any information as to his or her
What Philippine laws provide are relative divorce, in the form of legal whereabouts shall be prima facie presumed to have no intention of
separation, and annulment. 3. Agreements to separate
returning to the conjugal dwelling. (178a)
CASE: Art. 127. The separation in fact between husband and wife shall not Art. 1. Marriage is a special contract of permanent union between a man
● Benedicto v. De la Rama affect the regime of conjugal partnership, except that: and a woman entered into in accordance with law for the
(1) The spouse who leaves the conjugal home or refuses to establishment of conjugal and family life. It is the foundation of the
In 1903, adultery or concubinage was a ground for divorce. live therein, without just cause, shall not have the right to family and an inviolable social institution whose nature, consequences,
However the concept of divorce in the Philippines is that the be supported; and incidents are governed by law and not subject to stipulation,
parties are still not allowed to remarry after a divorce is (2) When the consent of one spouse to any transaction of the except that marriage settlements may fix the property relations during
granted because our courts do not recognize absolute divorce. other is required by law, judicial authorization shall be the marriage within the limits provided by this Code. (52a)
obtained in a summary proceeding;
Thus, the marriage bonds are not severed and nevertheless (3) In the absence of sufficient conjugal partnership property, Article 221, NCC. The following shall be void and of no effect:
subsists which means that neither parties may contract a the separate property of both spouses shall be solidarily (1) Any contract for personal separation between husband and wife;
second marriage except in cases of separation granted liable for the support of the family. The spouse present
because of adultery. In which case, the surviving spouse may shall, upon petition in a summary proceeding, be given
remarry after the death of the other. judicial authority to administer or encumber any specific The extrajudicial dissolution of the conjugal partnership is VOID.
separate property of the other spouse and use the fruits or
2. Separation in fact and abandonment proceeds thereof to satisfy the latter’s share. (178a) CASE:
● Espinosa v. Atty. Omaña
Art. 239. When a husband and wife are separated in fact, or one has Art. 128. If a spouse without just cause abandons the other or fails to
comply with his or her obligation to the family, the aggrieved spouse Rodolfo Espinosa and his wife Elena sought Atty. Julieta
abandoned the other and one of them seeks judicial authorization for a Omaña’s legal advice on whether they could legally live
transaction where the consent of the other spouse is required by law may petition the court for receivership, for judicial separation of
property, or for authority to be the sole administrator of the conjugal separately and dissolve their marriage. Thus, Omaña prepared
but such consent is withheld or cannot be obtained, a verified petition a document entitled "Kasunduan Ng Paghihiwalay" (contract).
may be filed in court alleging the foregoing facts. partnership property, subject to such precautionary conditions as the
court may impose.
SC declared that the extrajudicial dissolution of the conjugal
The petition shall attach the proposed deed, if any, embodying the partnership without judicial approval is not valid and void.
transaction, and, if none, shall describe in detail the said transaction The obligations to the family mentioned in the preceding paragraph
and state the reason why the required consent thereto cannot be refer to marital, parental or property relations.
4. Absolute divorce
secured. In any case, the final deed duly executed by the parties shall
be submitted to and approved by the court. (n) A spouse is deemed to have abandoned the other when he or she has
left the conjugal dwelling without intention of returning. The spouse a. Divorce in marriages between Filipinos and
who has left the conjugal dwelling for a period of three months or has foreigners
Art. 100. The separation in fact between husband and wife shall not
affect the regime of absolute community except that: failed within the same period to give any information as to his or her
(1) The spouse who leaves the conjugal home or refuses to whereabouts shall be prima facie presumed to have no intention of Art. 26. Where a marriage between a Filipino citizen and a foreigner is
live therein, without just cause, shall not have the right to returning to the conjugal dwelling. (167a, 191a) validly celebrated and a divorce is thereafter validly obtained abroad by
be supported; the alien spouse capacitating him or her to remarry, the Filipino spouse
(2) When the consent of one spouse to any transaction of the CASE: shall have capacity to remarry under Philippine law. (As amended by
other is required by law, judicial authorization shall be ● Villanueva v. Chiong Executive Order 227)
obtained in a summary proceeding;
(3) In the absence of sufficient community property, the SC held that separation without judicial approval shall not
separate property of both spouses shall be solidarily liable affect the conjugal partnership. The sale, however, was not
for the support of the family. The spouse present shall, void. When the parties are separated in fact and the husband
upon proper petition in a summary proceeding, be given alienates or encumbers conjugal property, without the wife’s
judicial authority to administer or encumber any specific consent, prior to the effectivity of the Family Code on august
separate property of the other spouse and use the fruits or 3, 1988, the same is not void but merely VOIDABLE.
proceeds thereof to satisfy the latter’s share. (178a)
41
b. Marriages dissolved by a foreign judgment ● Van Dorn v. Romillo ● Republic v. Orbecido
The Court held that since Richard Upton is an American SC held that Cipriano should be allowed to remarry. The
Article 15, NCC. Laws relating to family rights and duties, or to the status, citizen, American laws are binding on him. The divorce decree citizenship of the parties at the time the valid divorce was
condition and legal capacity of persons are binding upon citizens of the is recognized as it is pursuant to the national law where it was obtained abroad should be looked at - since Lady was already
Philippines, even though living abroad. (9a) obtained. a naturalized citizen when she obtained the divorce decree, it
could be recognized.
Art. 17, par. 3, NCC. Prohibitive laws concerning persons, their acts or The Court ruled that it is true that owing to the nationality
property, and those which have for their object public order, public principle embodied in Art. 15, only Philippine nationals are However, the Court ultimately cannot declare that Cipriano is
policy and good customs shall not be rendered ineffective by laws or covered by the policy against absolute divorces, the same capacitated to remarrying because he has not given evidence
judgments promulgated, or by determinations or conventions agreed being considered contrary to our concept of public policy and that his former wife was in fact a naturalized American and has
upon in a foreign country. (11a) morality. In this case, the divorce in Nevada released Upton not proven that the divorce law is a fact and demonstrated in
from the marriage from the standard of American law. the US law.
Art. 26, FC. All marriages solemnized outside the Philippines, in
accordance with the laws in force in the country where they were ● Pilapil v. Hon. Ibay-Somera ● San Luis v. San Luis
solemnized, and valid there as such, shall also be valid in this country,
except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and Eric was able to obtain a valid divorce decree. After 5 months, In this case, the divorce decree allegedly obtained by Merry
38. (17a) he filed 2 complaints of adultery against Imelda. SC held that which allowed Felicisimo to remarry, would have vested
Erich could no longer file a complaint for adultery as the Felicidad with the legal personality to file the present petition
Where a marriage between a Filipino citizen and a foreigner is validly person who initiates the adultery case must be an offended as Felicisimo’s surviving spouse. Lastly, Garcia v. Reco provided
celebrated and a divorce is thereafter validly obtained abroad by the spouse, and by this is meant that he is still married to the guidelines for pleading and proving foreign law and divorce
alien spouse capacitating him or her to remarry, the Filipino spouse accused spouse, at the time of the filing of the complaint. judgments such as presentation solely of the divorce decree is
shall have capacity to remarry under Philippine law. (As amended by insufficient. Thus, the case should be remanded to the trial
Executive Order 227) ● Llorente v. Court of Appeals and Llorente court for further reception of evidence on the divorce decree
obtained by Merry and the marriage of Felicisimo and
In order to prove that the foreign divorce was obtained validly and SC held that as an undisputed American citizen, Lorenzo’s respondent.
recapacitated the spouse to remarry, the following must be presented as divorce from Paula was valid and recognized in this jurisdiction.
evidence: But the case was remanded to the RTC to determine the ● Corpus v. Sto Tomas
(1) Divorce decree divorce’s effect on the estate.
(a) May be obtained judicially, or may be a certificate Petitioner Gerbert R. Corpuz, a former Filipino citizen, acquired
that is certified by the Mayor of the City; ● Roehr v. Rodriguez Canadian citizenship through naturalization and got married
(2) Foreign law that the divorce is valid but later filed for divorce in Canada which was granted.
(a) Duly translated and authenticated by the Vice The Court held that the RTC was correct to set aside its order
Consul of the Embassy of the Philippines in and may proceed to determine the custody of the children of Gerbert wanted to marry another Filipina. So he filed a petition
country where divorce was obtained Roehr and Rodriguez. A divorce decrees in another country for judicial recognition of foreign divorce and/or declaration of
which were obtained by foreigners are recognized in the marriage as dissolved.
CASES: jurisdiction of the Philippines. However, the legal effects must
● Tenchavez v. Escaño still be determined by the courts of our country. An example SC held that Art. 26 of the Family Code does not extend to
of the legal effects, as it is present in this case, is the support aliens the right to petition for the recognition of a foreign
Escano was still a Filipino when the divorce was obtained in and custody of the children. divorce decree because it only offers remedy to the Filipino
Nevada. Under Philippine Law, the valid marriage between spouse.
Tenchavez and Escano remained subsisting and undissolved ● Garcia v. Recio
regardless of the “absolute divorce” obtained in Nevada. However, in the instant case, it does not remove the right of
The Supreme Court held that the divorce in Sydney was not the alien spouse (former filipino) to have legal personality to
As stated in Art. 15 of our Civil Code, the “laws relating to proven as only a divorce decree was presented in Court; the seek for the judgment to be recognized in order to claim his
family rights and duties or to the status, condition and legal divorce decree also stated that “a party to a marriage who rights with regards to his conjugal and real properties in the
capacity of persons are binding upon the citizens of the marries again before this decree becomes absolute commits Philippines as long as there is a duly authenticated foreign
Philippines, even though living abroad”. Thus, only competent the offense of bigamy”. Thus, there was no proof of capacity to judgment and evidence that the divorce decree obtained is
civil courts can annul a marriage contracted by Filipinos in the remarry. valid according to their national law.
Philippines.
● Diego v. Judge Castillo ● Noveras v. Noveras
To recognize decree of divorce of foreign courts would be
violation on public policy and Article 17 of Civil Code which Judge Castillo, rendered the acquittal of an accused charged The Court ruled that the RTC erred in recognizing the divorce
states that “Prohibitive laws concerning persons, their acts, or with bigamy and was held liable for gross ignorance of the law. decree.
property and those which have for their object public order,
policy, and good customs shall not be rendered ineffective by (Subject case: Lucena contracted marriage with Jorge both In this case, there was no seal from the office where the
laws or judgments promulgated, or by determinations or Filipinos - marriage contract stated she was single and her divorce decree was obtained.
conventions agreed upon in foreign country.” name was Cresencia - got divorced in Texas - Lucena then
married the brother Manuel - a case for bigamy was filed -
Judge Castillo acquitted on the basis of good faith)
42
● Misalucha v. People To prove the fact of divorce, petitioner presented the Divorce ● Ambrose v. Ambrose
Certificate issued by Consul Takayama of Japan.
The divorce decree and foreign law may be proven through Paul Ambrose, an American, married Louella Suque-Amrbose
(1) an official publication or Considering that the Certificate of Acceptance of the Report of in Manila, Philippines. 2 years after the marriage, Paul filed a
(2) or copies thereof attested to by the officer having Divorce was duly authenticated and the national law proven, Petition for Declaration of Nullity of Marriage against
legal custody of said documents. the divorce between petitioner and respondent was validly respondent on the ground of psychological incapacity. The
obtained. RTC dismissed the petition on the ground that the petitioner
If the office which has custody is in a foreign country, the lacks the legal personality to sue.
copies of said documents must be ● Takahashi v. Republic
(a) accompanied by a certificate issued by the proper Lack of legal personality means the plaintiff is not the real
diplomatic or consular officer in the Philippine In this case, when the spouses’ joint application for divorce is party in interest. Under Section 2, Rule 3 of the Rules of Court,
foreign service stationed in the foreign country in valid. Moreover, the divorce report is valid as it was issued by a real party in interest is the party who stands to be benefited
which the record is kept; and the Office of the Mayor of Fukuyama, considered to be an act or injured by the judgment.
(b) authenticated by the seal of his office. of an official body in Japan, making the divorce report
equivalent to a divorce decree. In the case at bar, Paul’s civil status stands to be affected by
● Republic v. Manalo the petition for nullity that he instituted. Therefore, he has
● Galapon v. Republic personal and material interest in the result of the action.
SC held that the application of Article 26 to recognize divorce
decrees obtained from abroad filed by the Foreign Spouse to Petitioner Galapon married a South Korean national (Noh Shik Additionally, the law does not distinguish between citizens of
allow the Filipino spouse to remarry is to avoid the situation Park) in Manila which ended up in a divorce via mutual the Philippines and foreigners who may institute a Petition for
where the foreign spouse is allowed to remarry but the Filipino agreement in South Korea. Galapon filed for a judicial Nullity of Marriage. Under Section 2 of A.M. No. 02-11-10-SC,
spouse remains married to them. Recognizing the same but recognition for foreign divorce in the Regional trial court of either the husband or the wife may file a petition to declare
filed by the Filipino spouse only serves the same purpose. Sto. Domingo, Nueva Ecija which granted the petition. their marriage void.
Therefore, when determining we should look at the nationality SC held that the foreign divorce decree mutually obtained is ● Rivera v. Woo Namsun
of the filer at the time the divorce decree was granted and not recognizable.
at the time of marriage. A Petition for Judicial Recognition of a Foreign
● Kondo v. Civil Registrar Judgment/Divorce was filed by Rivera with the RTC in 2015.
● Morisono v. Morisono She married Woo Namsun, a South Korean, on April 2007 in
Edna Kondo and Katsuhiro Kondo were married in Japan in Quezon City. A divorce was filed by Woo Namsun and
Ryoji (Japanese) and Luzviminda married in QC but later 1991. They divorce by mutual agreement in Japan in 2000 approved by the Seoul Family Court in 2011 and he remarried
obtained a divorce approved by the City Hall of Nagoya. after nine years. Kim Seonyeo, a Chinese National, in the same year. Rivera also
Luzviminda filed a petition for recognition of the divorce seeks for remarriage with another South Korean national.
agreement, but the RTC denied it. SC remanded the case back Edna filed a Motion for New Trial, claiming that she discovered
to the RTC since the Manalo doctrine allows recognition of “new evidence”. A photocopy of Katsuhiro's Report of Divorce, SC held that the divorce decree and the national law of Woo
divorce decrees obtained, regardless of who among the allegedly indicating that he had already married a Japanese Namsum were not proven during trial BUT the case was
spouses procured it, provided that Luzviminda can prove the woman. remanded to the court of origin for further proceedings and
divorce as fact and demonstrate its conformity to the foreign the reception of additional evidence.
law allowing it. (Pursuant to Manalo case) Edna failed to provide the “newly discovered” evidence on
time as she should have presented a copy of it during the trial. ● Tesoro v. Landolt
● Sakai v. Republic Even so, the court exercised its discretion to relax procedural
rules because it recognized the substantial impact on Edna's Christina Tesoro, a Filipino citizen married Thomas Landolt, a
SC held that despite the fact that petitioner participated in the status and family life. It outweighed the strict adherence to Swiss citizen, in Angeles City, Pampanga.
divorce proceedings in Japan, and even if it is assumed that procedures. SC remanded the case to RTC for reception of
she initiated the same, she must still be allowed to benefit proper evidence. Thomas filed for divorce in Switzerland. Christina signed the
from the exception provided under Par. 2 of Art. 26 of the documents Thomas sent her—written in Swiss—believing it
Family Code. ● Abel v. Rule was for her visa. She cannot read, write, or speak Swiss. She
later found out it was for the divorce proceedings when she
● Tanaka v. Tanaka Raemark S, Abel (Abel), a citizen of the United States of learned of it from a Swiss friend.
America, and Mindy P. Rule (Rule), a Filipino citizen, got
Rancho and Seiichi married in the Philippines, then lived in married in LA, California and later jointly sought the summary Cristina initially wanted to oppose the divorce, but she
Japan. Rancho filed for divorce which was granted and so dissolution of their marriage which was granted. Abel desisted due to financial constraints and the thought that
Seiichi secured a Divorce Certificate issued by the Japanese reacquired his Filipino citizenship and became a dual citizen of Thomas would end up leaving her anyway. She, thus, allowed
Consulate in the PH. the Philippines and the US. the divorce proceeding to take its course.
Petitioner also presented "a copy [of] the English Version of SC recognized the foreign divorce. Cristina had the Divorce Decree authenticated before the
the Civil Code of Japan (Exh. "K") translated under the Philippine Embassy in Switzerland and translated in English.
authorization of the Ministry of Justice and the Code of However, she only attached internet printouts of the law in her
Translation Committee." 44 Article 728 (1) of theCivil Code of petition. SC remanded the case.
Japan reads: Article 728. 1. The matrimonial relationship is
terminated by divorce.
43
● Republic v. Kikuchi CASES: d. Divorce in ethnic communities

● Juliajvo-Llave v. Republic.
Jocelyn Kikuchi and her former Japanese husband, Fumiyo, CASES:
jointly filed for divorce in Japan. This was accepted and (11 months before his death) Sen. Tamano married Estrellita ● Anaban v. Anaban-Alfiler
finalized in the foreign court so the case at bar is Jocelyn twice, on May 27, 1993 (Under islamic laws) and on June 2,
seeking the Philippine court’s recognition of this divorce 1993 (Civil Ceremony by RTC Judge) IPRA law does not recognize divorce in ethnic communities -
decree. She submitted the (1) Acceptance Certificate (of their in this case, the divorce allegedly in accordance with Ibaloi
divorce) issued by the mayor of the city in Japan where they Allegedly, Sen. Tamano married Zorayda on May 31, 1958 customs was not recognized by the Supreme Court.
acquired their divorce decree; (2) authentication from the Vice under civil rites and remained valid and subsisting when he
Consul of the Ph Embassy in Japan; and (3) a photocopy of the married Estrellita in 1993. e. Marriages giving rise to criminal liability
Civil Code of Japan in English text translated by
Eibun-Horei-Sha. The civil code governs the marriage of Zorayda and Sen. ● Bigamous or polygamous marriages [Art. 35(4); Art. 41, FC]
Tamano; their marriage was never invalidated by PD 1083. Sen ● Where one, with the intention to marry the other, killed the
The divorce was coursed not through Japanese courts but Tamano’s subsequent marriage is void ab initio. other person’s spouse or his/her own spouse [Art. 38(9), FC]
through the Mayor of Sakado City, Saitama Prefecture. The ● Any widow who shall marry within three hundred and one day
Acceptance Certificate was what was issued to Jocelyn and ● Zamoranos v. People from the date of the death of her husband, or before having
Fumio when they filed their divorce before the mayor - it delivered if she shall have been pregnant at the time of his
suffices as proof of the fact of divorce. Zamoranos and Jesus de Guzman got married in Islamic rites. death (Art. 351, RPC)
A month ago, she converted to Islam. They wed again in civil ● Where an authorized solemnizing officer who performs or
To prove that the divorce was valid under Japanese laws, rites before Judge Perfecto Laguio of the RTC. authorizes any illegal marriage ceremony. (Art. 352, RPC)
Jocelyn submitted a photocopy of the English translation of
the Civil Code of Japan, published by Eibun-Horei-Sha, Inc. Zamoranos and De Guzman had a divorce by talaq. CASES:
and stamped with "LIBRARY, Japan Information and Culture ● People v. de Guzman
Center, Embassy of Japan, 2627 Roxas Boulevard, Pasay City." Zamoranos married Samson Pacasum, Sr. in Islamic rites. They
also held a civil ceremony before Judge Valerio Salazaro of the A husband was found guilty of rape; he prays that he be
Not being an official translation, the document submitted by RTC. absolved from the crime because they coracted marriage after
Jocelyn does not prove the existing law on divorce in Japan. the resolution finding him guilty. His motion to be absolved of
Unfortunately, without such evidence, there is nothing on Pacasum then filed Petition for Declaration of nullity of rape was GRANTED in accordance with Art. 89 and 344 of the
record to establish that the divorce between Jocelyn and Marriage in RTC on the groud of bigamy. RPC.
Fumio was validly obtained and is consistent with the Japanese
law on divorce. RTC ruled that they had no jurisdiction. It is the Shari’a Court Marriage was found to be contracted validly, legally and in
which has jurisdiction. good faith.
Given that Jocelyn was able to prove the fact of divorce but
not the Japanese law on divorce, a remand of the case rather As long as both parties are Muslims, the Muslim Code shall ● Ronulo v. People - Aglipayan priest solemnized wedding
than its outright dismissal is proper. apply. without a marriage license found guilty of Art. 352 of the
Revised Penal Code - Illegal Marriage.
c. Divorce under the Muslim Code ● Pacasum v. Zamoranos
Following the doctrine of conclusiveness of judgment,

Article 45. Definition and forms. Divorce is the formal dissolution of the Samson and the other parties are bound by the earlier finding
marriage bond in accordance with this Code to be granted only after of the Court in Zamoranos v. People that Atty. Marietta’s
the exhaustion of all possible means of reconciliation between the divorce from Jesus was valid, and thus entitled her to remarry
spouses. It may be effected by: Samson. The Muslim Code is the only law in the Philippines
that allows domestic divorce.
(a) Repudiation of the wife by the husband (talaq);
(b) Vow of continence by the husband (ila); ● Sumagka v. Sumagka,
(c) Injurious assanilation of the wife by the husband (zihar);
(d) Acts of imprecation (li'an); In 1998, Abdulgani and Rohaina, both Muslims, married under
(e) Redemption by the wife (khul'); Muslim rites. In 2004, they renewed their marriage vow under
(f) Exercise by the wife of the delegated right to repudiate civil rites before the Mayor of Alabel, Sarangani Province.
(tafwld); or
(g) Judicial decree (faskh). They later filed for divorce by talaq which the Shari’a Circuit
Court granted.
Under the Muslim Code, divorce is the formal dissolution of the marriage
bond to be granted only after the exhaustion of all possible means of The Supreme Court stated that Rohaina and Abdulgani are
reconciliation between the spouses. Muslims whose marriage was first celebrated under Muslim
rites. Their renewal of wedding vows in a civil ceremony did
not supersede their previous marriage, such that civil law
would now govern.
44
● Araza v. People
LEGAL SEPARATION PROPER Art. 55 (10) FC Art. 101 par. 3 FC Separation in Fact
Section 5(i) No. 9262 of the R.A. punishes some forms of
1. Grounds for legal separation psychological violence inflicted on women and children who Ground for legal Ground for receivership No effect on marital
are victims by the acts of causing mental or emotional separation for property regime bonds
anguish. The Court held that the elements of violation of Sec.
Art. 55. A petition for legal separation may be filed on any of the 5(i) of RA 9262 were present in this case. Abandonment for 3 months w/o any When one spouse
following grounds: more than 1 year information as to leaves the conjugal
(1) Repeated physical violence or grossly abusive conduct RA 9262 does not criminalize acts such as spousal infidelity w/o justifiable cause whereabouts shall be dwelling
directed against the petitioner, a common child, or a child per se, but criminalizes psychological violence that inflicts presumed to have no
of the petitioner; mental or emotional distress on the wife. Marital infidelity, intention of returning to
(2) Physical violence or moral pressure to compel the which is a form of psychological violence, is the cause of AAA's the conjugal dwelling
petitioner to change religious or political affiliation; emotional anguish and mental suffering as her health
(3) Attempt of respondent to corrupt or induce the petitioner, condition was adversely affected.
a common child, or a child of the petitioner, to engage in CASES:
prostitution, or connivance in such corruption or b. Drug addiction, habitable alcoholism, lesbianism, ● Partosa-Jo v. Court of Appeals and Ho Hang
inducement; or homosexuality
(4) Final judgment sentencing the respondent to The SC clarified that the respondent's actions of physically
imprisonment of more than six years, even if pardoned; separating from the petitioner and refusing to provide financial
(5) Drug addiction or habitual alcoholism of the respondent; Art. 55 (5) FC Art. 55 (6) FC Art. 46 (3)(4) FC support constituted abandonment, fulfilling the legal
(6) Lesbianism or homosexuality of the respondent; requirements for the requested judicial separation.
(7) Contracting by the respondent of a subsequent bigamous Ground for legal Ground for legal What constitutes fraud
marriage, whether in the Philippines or abroad; separation separation - voidable Abandonment implies a departure by one spouse with the
(8) Sexual infidelity or perversion; avowed intent never to return, followed by prolonged absence
(9) Attempt by the respondent against the life of the without just cause, and without in the meantime providing in
Habitual drunkenness Lesbianism and Concealment of both
petitioner; or the least for one’s family although able to do so. There must be
and drug addiction homo sexuality FC 55 (5,6)
(10) Abandonment of petitioner by respondent without absolute cessation of marital relations, duties and rights, with
justifiable cause for more than one year. the intention of perpetual separation.
CASE:
For purposes of this Article, the term “child” shall include a child by ● Almelor v. RTC - It is clear in the law, that there must be A spouse is deemed to have abandoned the other when he or
nature or by adoption. (9a) concealment of homosexuality [as this is vitiated consent she has left the conjugal dwelling without any intention of
arising from fraud] and not homosexuality per se to be a returning.
ground of annulment which was not proven in this case.
a. Sexual infidelity or perversion 2. Who can ask for legal separation
c. Attempt on the life of the other spouse
Art. 55. A petition for legal separation may be filed on any of the Only the innocent spouse can file/ask for legal separation. (Art. 55, FC)
following grounds: Art. 55. A petition for legal separation may be filed on any of the
(8) Sexual infidelity or perversion; following grounds:
CASES:
(9) Attempt by the respondent against the life of the petitioner;
● People v. Zapata and Bondoc - each sexual intercourse
CASES: constitutes a crime of adultery
● Goitia v. Campos-Rueda Mere attempt on the life of the petitioner is sufficient; there is no need for
a conviction by the courts. 3. When may petition be filed
The Court held that the law will not allow a husband to
terminate his obligations to his wife, especially not due to his d. Abandonment
wrongful acts that resulted in his wife leaving his abode in the Art. 57. An action for legal separation shall be filed within five years
first place. SC held that husband must still provide for support. from the time of the occurrence of the cause.
Art. 55. A petition for legal separation may be filed on any of the
● Kalaw v. Fernandez following grounds:
4. Court procedure in legal separation
(10) Abandonment of petitioner by respondent without
Sexual infidelity cannot be a ground for an action to declare justifiable cause for more than one year.
nullity of a marriage if it cannot be rooted to psychological Art. 58. An action for legal separation shall in no case be tried before six
incapacity - it can however be a ground for legal separation. months shall have elapsed since the filing of the petition. (103)
● Republic v. Quintos Art. 59. No legal separation may be decreed unless the Court has taken
steps toward the reconciliation of the spouses and is fully satisfied,
Husband filed for declaration of nullity on the ground of despite such efforts, that reconciliation is highly improbable. (n)
psychological incapacity with bare allegations of sexual
infidelity and only abandonment was proven - may be a Art. 60. No decree of legal separation shall be based upon a stipulation
ground for legal separation only. of facts or a confession of judgment.
45
5. Effect of pendency of petition CASES:

In any case, the Court shall order the prosecuting attorney or fiscal ● Lerma v. Court of Appeals and Diaz
assigned to it to take steps to prevent collusion between the parties
and to take care that the evidence is not fabricated or suppressed. Art. 61. After the filing of the petition for legal separation, the spouses The right to separate support or maintenance, even from the
(101a) shall be entitled to live separately from each other. conjugal partnership property, presupposes the existence of a
justifiable cause for the spouse claiming such right to live
The court, in the absence of a written agreement between the spouses, separately. A petition in bad faith, such as that filed by one
CASES: shall designate either of them or a third person to administer the
● Araneta v. Hon. Concepcion who is himself or herself guilty of an act which constitutes a
absolute community or conjugal partnership property. The ground for legal separation at the instance of the other spouse,
administrator appointed by the court shall have the same powers and cannot be considered as within the intent of the law granting
It is conceded that the period of six months fixed therein duties as those of a guardian under the Rules of Court. (104a)
Article 103 (Civil Code) is evidently intended as a cooling off separate support.
period to make possible a reconciliation between the spouses. Art. 62. During the pendency of the action for legal separation, the
The recital of their grievances against each other in court may 7. Defenses in legal separation
provisions of Article 49 (court shall provide for support) shall likewise
only fan their already inflamed passions against one another, apply to the support of the spouses and the custody and support of
and the lawmaker has imposed the period to give them the common children. (105a) Art. 56. The petition for legal separation shall be denied on any of the
opportunity for dispassionate reflection. But the cooling off following grounds:
period does not preclude issues not affecting the cause of the (1) Where the aggrieved party has condoned the offense or
legal separation from being adjudicated. CASES: act complained of;
● Yangco v. Rhode (2) Where the aggrieved party has consented to the
● Ocampo v. Florenciano commission of the offense or act complained of;
The right to alimony is given to the lawful wife during the (3) Where there is connivance between the parties in the
Collusion is the agreement ". . . between husband and wife for pendency of the legal separation proceedings. Said right is commission of the offense or act constituting the ground
one of them to commit, or to appear to commit, or to be determined through a separate action for support or alimony for legal separation;
represented in court as having committed, a matrimonial wherein evidence demonstrating the relationship is required. (4) Where both parties have given ground for legal separation;
offense, or to suppress evidence of a valid defense, for the Victorina was unable to present proof of her alleged marriage (5) Where there is collusion between the parties to obtain
purpose of enabling the other to obtain a divorce. Serafina to Yangco, whose validity cannot be presumed. So, she cannot decree of legal separation; or
simply saying she agreed to the filing of the petition for legal ask for support pendente lite. (6) Where the action is barred by prescription. (100a)
separation is NOT evidence of collusion.
● Sabalones v. Court of Appeals and Gaviola-Sabalones
● Somosa v. Vamenta 4
𝐶 𝑃𝑅
The Court ruled that as Article 61 of the Family Code states - Condonation
After filing a petition for legal separation, wife sought for the that after a petition for legal separation, in the absence of a - Consent
issuance of a writ of preliminary mandatory injunction for the written agreement between the spouses the trial court shall - Connivance
return to her of what she claimed to be her paraphernal and appoint either one of the spouses or a third person to be the - Collusion
exclusive property which was allowed by the SC administrator of the conjugal properties. The circumstances - Prescription (Art. 56)
notwithstanding the cooling off period. show that it was implicitly provided in the decision that the - Recrimination (Mutual Guilt)
administration would go to Remedios since the court denied
● De la Viña v. Villareal the husband any share in the conjugal properties. The primary a. Consent
purpose of the injunction is to preserve the status quo of the
In an action for divorce brought by the wife against the things subject of the action or relations between the parties,
husband, in which the partition of the conjugal property is also with the requirements of the existence of a right and its actual Art. 56. The petition for legal separation shall be denied on any of the
prayed for, the wife may obtain a preliminary injunction or threatened violation, both present in the case. following grounds:
against the husband, prohibiting the latter from alienating or (2) Where the aggrieved party has consented to the
encumbering any part of the conjugal property during the 6. Support, generally and support pendente lite commission of the offense or act complained of;
pendency of the action.
● Gandionco v. Peñaranda Art. 62. During the pendency of the action for legal separation, the Consent is agreement or conformity in advance of the commission of the
provisions of Article 49 (court shall provide for support) shall likewise act which would be a ground for legal separation. It may be given expressly
The court ruled that the civil action for legal separation, based apply to the support of the spouses and the custody and support of or impliedly.
on concubinage, can proceed independently of the criminal the common children. (105a)
case. CASES:
Art. 198. During the proceedings for legal separation or for annulment ● People v. Sensano
● Pacete v. Cariaga of marriage, and for declaration of nullity of marriage, the spouses and
their children shall be supported from the properties of the absolute Court ruled that the husband already gave consent to the
There is no default in cases of legal separation (also in community or the conjugal partnership. After the final judgment adulterous relationship when he failed to intervene for 7 years
annulment and nullity of marriage). granting the petition, the obligation of mutual support between the despite knowledge of such.
spouses ceases. However, in case of legal separation, the court may
order that the guilty spouse shall give support to the innocent one, ● People v. Schneckenberger
specifying the terms of such order. (292a)
Consent given before the act, and pardon, after the act, both
work as a defense for the crime of concubinage.
46
b. Condonation d. Collusion/mutual consent e. Prescription
Art. 56. The petition for legal separation shall be denied on any of the Art. 56. The petition for legal separation shall be denied on any of the Art. 57. An action for legal separation shall be filed within five years
following grounds: following grounds: from the time of the occurrence of the cause. (102)
(1) Where the aggrieved party has condoned the offense or (3) Where there is connivance between the parties in the
act complained of; commission of the offense or act constituting the ground for legal
separation; Even if the spouse does not interpose prescription as a defense, the courts
(5) Where there is collusion between the parties to obtain decree may take cognizance thereof.
Condonation is the conditional forgiveness or remission of a matrimonial of legal separation; or
offense. 8. Effects of decree of legal separation
Art. 60. No decree of legal separation shall be based upon a stipulation
Consent is different from condonation as consent is given PRIOR to the of facts or a confession of judgment.
commision of the act, condonation is forgiveness AFTER the commission Art. 63. The decree of legal separation shall have the following effects:
of the act. In any case, the Court shall order the prosecuting attorney or fiscal (1) The spouses shall be entitled to live separately from each
assigned to it to take steps to prevent collusion between the parties other, but the marriage bonds shall not be severed;
c. Recrimination (Mutual guilt) and to take care that the evidence is not fabricated or suppressed.
(101a) (2) The absolute community or the conjugal partnership shall
Art. 56. The petition for legal separation shall be denied on any of the be dissolved and liquidated but the offending spouse shall
following grounds: Collusion means the agreement between husband and wife for one of have no right to any share of the net profits earned by the
(4) Where both parties have given ground for legal separation; them to commit, or to appear to commit, or to be represented in court as absolute community or the conjugal partnership, which
having committed a matrimonial offense, or to suppress evidence of a shall be forfeited in accordance with the provisions of
valid defense, for the purpose of enabling the other to obtain a divorce or Article 43(2);
Where both parties have given ground for legal separation, the petition
must be dismissed. legal separation.
(3) The custody of the minor children shall be awarded to the
innocent spouse, subject to the provisions of Article 213 of
CASES: Connivance Collusion this Code; and
● Brown v. Yambao (4) The offending spouse shall be disqualified from inheriting
Connivance in the COMMISSION Secret cooperation or planning
OF THE OFFENSE or ACT; there only from the innocent spouse by intestate succession.
Husband filed for legal separation on the ground of adultery; Moreover, provisions in favor of the offending spouse
later found that he also had lived with another woman after is action or execution
made in the will of the innocent spouse shall be revoked
separation de facto with legal wife. by operation of law. (106a)
CASES:
Recrimination essentially means that if one spouse accuses ● People v. Schneckenberger,
the other of a marital offense, and it's proven that both CASE:
spouses have committed such offenses, neither spouse can be Seven years after their marriage, Rodolfo and Elena executed ● Matute v. Macadaeg
granted the relief they seek (such as a divorce or legal an agreement stating that they are to be separated in fact. In
separation). This principle is intended to prevent both parties the same year, Rodolfo, who was in the Philippines, secured a Armando filed for an action for legal separation against
from benefiting when they are both guilty. divorce decree from Mexico. In 1936, he married Julia. Elena Rosario on the ground of adultery - decreed and Armando was
separately filed for bigamy and concubinage. The statement granted custody. With Armando’s permission, Rosario took the
● Ong v. Ong agreeing to be free in all matters was illegal, but still children to their grandfather’s funeral and promised to return
constitutive of valid consent. It can be inferred that both are them after 2 weeks but she instead filed a motion praying for
Lucita G. Ong filed an action for legal separation against her pardoning the future illicit acts of the other. Thus, Elena is their custody. SC held that children over 10 years of age may
husband on the ground of repeated physical violence and barred from instituting a criminal case for adultery, choose which parent they prefer to live with however Rosario
grossly abusive conduct. William denied inflicting physical concubinage, and the like. was still not allowed custody as she was unfit due to poverty.
harm and counter-argued that Lucita abandoned the family
therefore the decree of legal separation should not be granted. ● Ocampo v. Florenciano a. On personal relations
SC held that Article 56 (4) cannot apply because Florenciano’s admission to the investigating fiscal that she
abandonment under the Family Code is one without justifiable Art. 63. The decree of legal separation shall have the following effects:
committed adultery is not the confession of judgment (1) The spouses shall be entitled to live separately from each other, but
cause for more than one year. It was established that Lucita prohibited by Article 48 of the Family Code. What is prohibited
left the family home due to his abusive conduct, such does not the marriage bonds shall not be severed;
is a confession made in court or through filing a pleading. If
constitute abandonment. there is evidence of adultery besides that of the defendant’s
statement agreeing to the legal separation, the decree of Legal separation does not dissolve the marriage tie, much less authorize
separation should be granted since it would not be based on the parties to remarry. It involves nothing more than the bed-and-board
the confession but upon the evidence presented. The law separation of the spouses.
prohibits judgment based exclusively on a confession.
47
b. On the custody of children d. On support 9. Reconciliation
Art. 63. The decree of legal separation shall have the following effects: Art. 198. During the proceedings for legal separation or for annulment Art. 65. If the spouses should reconcile, a corresponding joint
(3) The custody of the minor children shall be awarded to the innocent of marriage, and for declaration of nullity of marriage, the spouses and manifestation under oath duly signed by them shall be filed with the
spouse, subject to the provisions of Article 213 of this Code; and their children shall be supported from the properties of the absolute court in the same proceeding for legal separation. (n)
community or the conjugal partnership. After the final judgment
Art. 213. In case of separation of the parents, parental authority shall be granting the petition, the obligation of mutual support between the Art. 66. The reconciliation referred to in the preceding Articles shall
exercised by the parent designated by the Court. The Court shall take spouses ceases. However, in case of legal separation, the court may have the following consequences:
into account all relevant considerations, especially the choice of the order that the guilty spouse shall give support to the innocent one, (1) The legal separation proceedings, if still pending, shall
child over seven years of age, unless the parent chosen is unfit. (n) specifying the terms of such order. (292a) thereby be terminated at whatever stage; and
(2) The final decree of legal separation shall be set aside, but
PRES. DEC. NO. 603, art. 17 par. 3. In case of separation of his parents, no the separation of property and any forfeiture of the share
child under five years of age shall be separated from his mother unless e. On the use of surname of the guilty spouse already effected shall subsist, unless
the court finds compelling reasons to do so. the spouses agree to revive their former property regime.
Article 372, NCC. When legal separation has been granted, the wife shall
continue using her name and surname employed before the legal The court’s order containing the foregoing shall be recorded in the
c. On property relations proper civil registries. (108a)
separation.
Art. 63. The decree of legal separation shall have the following effects: Art. 67. The agreement to revive the former property regime referred to
(2) The absolute community or the conjugal partnership shall be CASE: in the preceding Article shall be executed under oath and shall specify:
dissolved and liquidated but the offending spouse shall have no right ● Laperal v. Republic
to any share of the net profits earned by the absolute community or (1) The properties to be contributed anew to the restored
the conjugal partnership, which shall be forfeited in accordance with The wife, even after the legal separation has been declared, regime;
the provisions of Article 43(2); shall continue using her name and surname employed before (2) Those to be retained as separated properties of each
the legal separation. This is because her married status is spouse; and
Art. 64. After the finality of the decree of legal separation, the innocent unaffected by the separation, there being no severance of the (3) The names of all their known creditors, their addresses and
spouse may revoke the donations made by him or by her in favor of marital bonds. the amounts owing to each.
the offending spouse, as well as the designation of the latter as
beneficiary in any insurance policy, even if such designation be f. On hereditary rights The agreement of revival and the motion for its approval shall be filed
stipulated as irrevocable. The revocation of the donations shall be with the court in the same proceeding for legal separation, with copies
recorded in the registries of property in the places where the properties of both furnished to the creditors named therein. After due hearing, the
Art. 63. The decree of legal separation shall have the following effects: court shall, in its order, take measure to protect the interest of creditors
are located. Alienations, liens and encumbrances registered in good (4) The offending spouse shall be disqualified from inheriting
faith before the recording of the complaint for revocation in the and such order shall be recorded in the proper registries of properties.
from the innocent spouse by intestate succession. Moreover,
registries of property shall be respected. The revocation of or change in provisions in favor of the offending spouse made in the will of the
the designation of the insurance beneficiary shall take effect upon The recording of the ordering in the registries of property shall not
innocent spouse shall be revoked by operation of law. (106a) prejudice any creditor not listed or not notified, unless the
written notification thereof to the insured.
debtor-spouse has sufficient separate properties to satisfy the
The action to revoke the donation under this Article must be brought creditor’s claim. (195a, 108a)
Once the legal separation has been decreed, the offending spouse shall be
within five years from the time the decree of legal separation become disqualified to inherit from the innocent spouse by intestate succession.
final. (107a) If, after the issuance of the decree of legal separation, the parties simply
g. Other effects reconcile and resume their marital relations previous to the decree but
The law mandates the dissolution and liquidation of the property regime of without obtaining a decree of reconciliation, it does not have an effect of
the spouses upon finality of the decree of legal separation. This legal effect setting aside the decree of legal separation.
Art. 64. After the finality of the decree of legal separation, the innocent
is ipso facto. spouse may revoke the donations made by him or by her in favor of
They must manifest their reconciliation in court.
the offending spouse, as well as the designation of the latter as
CASES: beneficiary in any insurance policy, even if such designation be
● Quiao v. Quiao 10. Effect of death of one of the parties
stipulated as irrevocable. The revocation of the donations shall be
recorded in the registries of property in the places where the properties
Whether because of annulment or legal separation, Arts. 102 CASE:
are located. Alienations, liens and encumbrances registered in good
and 129 of the Family Code applies when it comes to ● Lapuz v. Eufemio
faith before the recording of the complaint for revocation in the
liquidation of property assets, depending on the property regie registries of property shall be respected. The revocation of or change in
of the spouses. Death extinguishes the action for legal separation - Being
the designation of the insurance beneficiary shall take effect upon
personal in character, it follows that the death of one party to
written notification thereof to the insured.
● Paterno v. Paterno the action causes the death of the action itself
The action to revoke the donation under this Article must be brought
It is implied that despite already being separated de facto, as within five years from the time the decree of legal separation become
long as a couple remains married (on paper), pending a court final. (107a)
declaration of nullity of their union, all the properties gained
by each in the meantime before the judicial declaration will be
included in the co-ownership regime.
48

PFR Midterm Reviewer

Uploaded by

Copyright:

Available Formats

PFR Midterm Reviewer

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

PFR Midterm Reviewer

Uploaded by

Copyright:

Available Formats

PERSONS AND FAMILY LAW MIDTERM REVIEWER Professor: Atty.

Mcgyver Doria ID121 T1 AY 23-24

INTRODUCTION TO THE FAMILY CODE....................................................................13

● Umali v. Etanislao CASE:

● Francisco v. CA ● In re: Yuhares Jan Barcelote Tinitigan ● Aujero v. PhilComSat

JUDICIAL DECISIONS; STARE DECISIS DUTY TO RENDER JUDGMENT ● Barcellano v. Bañas

Barcellano maintains that the written notice is no longer

● Shell v. CIR CASES:

● In the Matter of the Petition for Authority to Continue the Use of

transferred to her. He also left legacy sum money for Helen

CASES: This is the situation here. A Filipina who was subsequently

A deceased person like Pacita cannot be an incorporator passive active

SC makes it clear that there is no need to establish the civil

● Quimiging v. Icao ● Berot v. Siapno ● Joaquin v. Navarro

JURIDICAL PERSONS RESTRICTIONS ON CAPACITY TO ACT

Effect of minor’s misrepresentation: (Mercado v. Espiritu) when a minor ● Atizado v. People

● Dumaguin v. A.I Reynolds PRODIGALITY FAMILY RELATIONS

SC held that a person under guardianship for insanity may still

There must always be a presumption of a sound mind (Art. 800 NCC)

● Pulido v. People CASES:

ii. Manner of authorization Judge Daguman’s jurisdiction covers Sta. Margarita-Tarangan,

There was no actual marriage ceremony performed between

Although there is no technical marital partnership between

● Te v. Te ● Kalaw v. Fernandez ● Datu v. Datu

● Montealto-Laylo v. Ymbang ● Mutya-Sumilhig v. Sumilhig

● Domingo v. CA and Avera ● Pulido v. People

d. SUBSEQUENT MARRIAGE UPON REAPPEARANCE OF CASES:

● Matias v. Republic ● Republic v. Granada e. Bad faith of both spouses

● Carlos v. Sandoval WHEN TO FILE ACTION FOR DECLARATION OF NULLITY CASES:

In Article 147, FC CASES: e. On legitimes of the common children

f. On the status and custody of children g. On use of surnames

● In Re: Petition to Use Maiden Name, Josephine P. Uy-Timosa

● Remo v. DFA ● Hrs. of Caburnay v. Hrs. of Sison

GROUNDS FOR ANNULMENT INSANITY

● Republic v. Villacorta CASES: AFFLICTION WITH STD

WHO CAN SEEK ANNULMENT EFFECTS OF PENDENCY OF ACTION FOR ANNULMENT

d. On the property regime of the marriage

All creditors of the spouses as well as of the absolute community or

Art. 138. After dissolution of the absolute community or of the conjugal

e. On presumptive legitimes/hereditary rights

Same as effect of void marriages

f. On the status and custody of children

Art. 54. Children conceived or born before the judgment of annulment

g. On the use of surnames

Same as void marriages

h. Marriage when one spouse is absent

See discussion on Arts. 40-45

i. Forfeiture and delivery of presumptive legitimes

Presumptive legitimes of children shall be delivered upon a judicial

Defect Requirement Who may annul Period to annul Ratification

(2) Concealment by the wife of the fact that at the time

(3) Concealment of sexually transmissible disease,

(4) Concealment of drug addiction, habitual alcoholism

Children are LEGITIMATE; Property regime is ACP/CPG Ratification + prescription

Effects of marriage being annulled: Art. 43 (2)-(5), FC

● Vda. de Canada v. Baclot

b. Marriages dissolved by a foreign judgment ● Van Dorn v. Romillo ● Republic v. Orbecido

● Republic v. Kikuchi CASES: d. Divorce in ethnic communities