INTRODUCTION

1. What is law? What are the characteristics of law?

The term law may be understood in two concepts:
(1) general or abstract sense, and (2) specific or material sense. The first sense is equivalent to
the Spanish term derecho; in the second, to Spanish term ley.

》 In the general or abstract sense, law has been defined as “the science of moral rules,
founded on the rational nature of man, which governs his free activity, for the realization of the
individual and social ends, of a nature both demandable and reciprocal.” Briefly, it is the mass of
obligatory rules established for the purpose of governing the relations of persons in society.

》 In a specific or material sense, law has been defined as a “juridical proposition or an

aggregate of juridical propositions, promulgated and published by the competent organs of the
State in accordance with the Constitution.” (1-I Ennecerus, Kipp & Wolf 136) It is a norm of
human conduct in social life, established by a sovereign organization and imposed for the
compulsory observance of all. (1 Ruggiero 5-6).

Sanchez Roman defines it as “law is a rule of conduct, just, obligatory promulgated by

legitimate authority, and of common observance and benefit.”

Characteristics:
》(1) it is a rule of human conduct,
》(2) promulgated by competent authority,
》(3) obligatory, and
》(4) general observance

2. Two (2) General Groups of Law

a. Divine Law - God himself is the legislator who has promulgated the law
b. Human Law - Promulgated by man to regulate human relations.
i. General or Public Law
1. International law - Governs the relations between nations or states, that
is, between human beings in their collective concept.
2. Constitutional law - Governs the relations between human beings as
citizens of a state
3. Administrative law - Governs the relations between officials and
employees of the government.
4. Criminal law - Guaranties the coercive power of the law so that it will be
obeyed
5. Religious law - Regulates the practice of religion.
ii. Individual or Private Law
1. Civil Law - regulates the relations of individuals for purely private ends.
 2. Mercantile law - regulates the special relations produced by commercial
transactions.
3. Procedural law - provides for the means by which private rights may be
enforced.

3. Codification of Law and its purpose

Codification of Laws - the systematic organization of the law into one or more codes.
○ “To reduce the bulk, clear out the refuse, condense and arrange the residium, so
that the people and the lawyer, and the judge as well, may know what to
psractise and obey” (David Dudley)
○ Code - a collection of laws of the same kind; a body of legal provisions referring
to a particular branch of the law.
○ Purpose:
(1) to simplify and arrange the many juridical rules scattered in several
laws and customs;
(2) to unify various legislations in the same country;
(3) to introduce reforms occasioned by social changes

4. Definition of Civil Law; Civil Code

The word “civil’’ is derived from the Latin word “civiles,’’ a citizen, as distinguished from a
savage or a barbarian. Originally, the word pertained to a member of a “civitas’’ or free political
community. (Paras, 2008 citing Black’s Law Dictionary, p. 331)

Civil law is the branch of the law that generally treats the personal and family relations of an
individual, his property and successional rights, and the effects of his obligations and contracts.
It is that mass of precepts that determine and regulate the relations of assistance, authority, and
obedience among members of a family, and those which exist among members of a society for
the protection of private interests, family relations, and property rights. (Paras, 2008)

A Civil Code is a compilation of existing civil laws, scientifically arranged into books, titles,
chapters, and subheads and promulgated by legislative authority. (Black’s Law Dictionary, p.
334) Albano defined Civil Code as a collection of laws that regulates the private relations of the
members of civil society, determining the respective rights and obligations, with reference to
persons, things and civil acts. (Albano, 2006)

5. Effectivity of the New Civil Code

R.A. 386 or the Civil Code of the Philippines took effect on August 30, 1950, one year after its
publication in the Official Gazette.
 II. PRELIMINARY TITLE

THE FOUR BOOKS OF THE NEW CIVIL CODE

The Civil Code of the Philippines is divided into four books.

Book I- Persons;
Book II- Property, Ownership and Its Modifications;
Book III- Different Modes of Acquiring Ownership; and
Book IV- Obligations and Contracts.

Note: The Family Code of the Philippines repeals Articles 52 to 304, 311 to 355, and 397 to 406
of Book I. Articles 305 to 310; 356 to 396; and 407 to 413 are not repealed. (Rabuya, 2021)
Chapter 1: Effect and Application of Laws

WHEN DO LAWS BECOME EFFECTIVE

General Rule

Laws shall take effect 15 days following the completion of their publication either in the Official
Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise
provided (Art. 2, Civil Code, as amended by EO No. 200)

XPN: Law can provide for its own date and manner of publication; hence the Congress may
shorten or lengthen the date of effectivity. An immediate effectivity clause does not preclude the
requirement of publication.

Mandatory Publication

Publication is mandatory and must be in full otherwise it is not deemed published at all since its
purpose is to inform the public of its contents (Tañada vs. Tuvera, G.R No. L-63915, 29
December 1986)

Purpose of Publication

To give the general public adequate notice of the various laws which are to regulate their
actions and conduct as citizens. Without such notice and publication, there would be no basis
for the application of the maim “ignorantia legis non excusat.” (Tañada vs. Tuvera, G.R No. L-
63915, 29 December 1986)

If the date is Specified - upon the lapse of the said period following the completion of its
publication.

If the date is NOT Specified- only after the fifteen-day period following the completion of its
publication.
Computation of the 15-Day Period

15th Day- If the law declares that it shall become effective “15 days after its publication.”
16th Day- If the law declares that it shall be effective “after 15 days following its publication.”

Where to Publish

Publication may be done in either of the following mediums:

1. Official Gazette- Public journal and the main publication of the government of the
Philippines printed by the National Printing Office.

2. Newspaper of general circulation in the Philippines

For a newspaper to be considered of general circulation:

1. It must be published for the dissemination of local news and general information;

2. It has a bona fide subscription list of paying subscribers; and

3. It is published at regular intervals.

Meaning of Clause “Unless it is Otherwise Provided” in Article 2

The Supreme Court held in the case of Tañada vs. Tuvera that the clause “unless it is otherwise
provided” refers to the date of effectivity and not to the requirements of publication itself, which
is an indispensable requirement for the effectivity of laws.

Laws Covered

All laws and not only to those of general application, for strictly speaking, all laws relating to the
people in general, including those of local application and private laws (Tañada vs. Tuvera, G.R
No. L-63915, 29 December 1986)

XPNS:

1. Rules and regulations which are internal in nature.

2. Letters of Instruction issued by administrative supervisors on internal rules and guidelines

3. Circulars that are merely interpretative on how they shall be construed

4. Monetary Board Circulars which prescribe penalty for their violation (People vs. Que Po Lay,
G.R. No. L-6791, 29 March 1954)

Presumption of Knowledge of Laws. Purpose. Applicability to foreign laws.

 ● The presumption of knowledge of laws is conclusive. Everyone is conclusively presumed
to know the law.

● Article 3 is based on the constructive notice that the provisions of the law are
ascertainable from the public and official repository where they are duly published. While
the presumption is far from reality, the same has been established because of the
obligatory force of law.

● The conclusive presumption that every person knows the law presupposes that the law
has been published if the presumption is to have any legal justification at all. Without
publication, there would be no basis for the maxim, ignorantia legis non excusat.

● There is no conclusive presumption of knowledge of foreign laws. Even our courts

cannot take judicial notice of them. They must be specially alleged and proved. Thus,
ignorance of a foreign law will not be a mistake of law but a mistake of fact.

[Rabuya, 2021, p. 12 - 13]

Doctrine of Processual Presumption

● A foreign law must be properly pleaded and proved as a fact. Thus, if the foreign law
involved is not properly pleaded and proved, our courts will presume that the foreign law
is the same as our local or domestic or internal law. This is what we refer to as
DOCTRINE OF PROCESSUAL PRESUMPTION or the DOCTRINE OF PRESUMED-
IDENTITY APPROACH in international law. [Rabuya, 2021, p. 13]

Under this doctrine, if the foreign law involved is not properly pleaded and proved, our courts will
presume that the foreign law is the same as our local or domestic or internal law. In the case of
Socorro v. Van Wilsem, the alien invoked the law of Netherlands under which, he is not under
the obligation to support his minor son however, since he was unable to prove this foreign law,
the court went under the presumption that the law is the same as ours therefore, deeming him
responsible under RA 9262.

Prospective Effect of Laws. Reason. Relate to Art. 3.

● General Rule: Laws are to be construed as having only prospective operation

○ Lex prospicit, non respicit; the law looks forward, not backward.

● Purpose in Relation to Article 3 of the NCC (Elegado vs. CTA, G.R. No. 68385, 12
May 1989)
○ The obligatory force of law presupposes that it has been promulgated and made
known to citizens;
 ■ Hence, a law that has not yet become effective cannot be considered as
conclusively known by the people.
■ To make the law binding even before it has taken effect may lead to
arbitrary exercise of the legislative power.

Exceptions to the Prospective Effect of Laws

● General Rule: Laws are to be construed as having only prospective operation
○ Lex prospicit, non respicit; the law looks forward, not backward.
○ The reason for non retroactivity of laws is it divests rights that have
already become vested or impairs obligations of contract (People v.
Patalin).

● XPN: Laws may be given retroactive effects

■ If the law itself provides for retroactivity;
■ Penal laws favorable to the accused (People v. Patalin, G.R. No. 125539,
27 July 1999);
■ If the law is procedural (Oriental Assurance Corp. v. Solidbank Corp, G.R.
No. 139882, 16 August 2000);
■ When the law is curative; and
■ When the law creates new substantive rights.
■ Curative Laws (Development Bank of the Philippines v. Court of
Appeals, 96 SCRA 342)
■ Interpretative Laws

○ XPN to the XPN:

■ When the retroactivity of a penal statute will make it an ex post facto law;
and
■ When the retroactive effect of the statute will result in impairment of
obligation of contracts (Laperal v. Katigbak, G.R. No. L-11418, 27
December 1958)
● Note: Non-impairment of contracts or vested rights will have to
yield to the superior and legitimate exercise by the State of Police
Power.
● Retroactivity clause of the Family Code
○ If the law provides for its retroactivity, it retroactively but whether it be substantive
or procedural, if it is given effect, the condition is that it must not impair vested
rights.
○ The Family Code shall have retroactive effect insofar as it does not prejudice or
impair vested or acquired rights, in accordance with the NCC or other laws.
(Article 256, FC).
Prospective Application of Judicial Doctrines

- A judicial interpretation becomes a part of the law as of the date that law was
originally passed, subject only to the qualification that when a doctrine of this
Court is overruled and a different view is adopted, and more so when there is a
reversal thereof, the new doctrine should be applied prospectively and
should not apply to parties who relied on the old doctrine and acted in
good faith. To hold otherwise would be to deprive the law of its quality of
fairness and justice then, if there is no recognition of what had transpired prior to
such adjudication. (PITC v. COA, GR No. 205837, 21 Nov. 2017)

- In the case of Morales v. CA & Binay, the abandonment of the Condonation

Doctrine was applied prospectively for the reason that judicial decisions applying
or interpreting the laws or the Constitution, until reversed, shall form part of the
legal system of the Philippines. Considering the case of OMB v. Vergara, where
the doctrine of condonation still applies to cases that transpired before the
abandonment in Morales v. CA & Binay, citing the familiar legal maxim lex
prospicit, non respicit; the law looks forward not backward.

Mandatory vs Prohibitory Laws

Mandatory Laws Prohibitory Laws

Disobedience to it, or want of exact Forbids a certain action

compliance with it, will make the act done
under the statute absolutely void (Black’s
Law Dictionary, 2009)

Omission of which renders the proceeding Positive prohibitions and are couched in the
or acts to which it relates generally illegal or negative terms that the act required shall
void. E.g. Prescriptive periods for filing of not be done otherwise than designated.
suits

Violation of Mandatory or Prohibitory Laws

GR: Acts executed against the provision of mandatory or prohibitory laws shall be void (Art. 5,
NCC)

XPNs: When the law:

1. Itself authorizes its validity (e.g., Lotto, sweepstakes)

2. Makes the act valid but punished the violator (e.g., A widow who remarries before the
laps of 300 days after the death of her husband is liable to criminal prosecution but the marriage
is valid)

3. Makes the act merely makes the act voidable, that is, valid unless annulled (e.g., A
marriage celebrated through violence or intimidation or fraud is valid until it is annulled by a
competent court)

4. Where the law declares the act void, but recognizes legal effects as arising from it.
(e.g., Under void marriage under Arts. 36 and 53 of the Family Code, the children born thereto
are considered legitimate)

Rights, defined

A right is a power, privilege, or immunity guaranteed under a constitution, statute or decisional

law, or recognized as a result of long usage, constitutive of a legally enforceable claim of one
person against another (Rellosa vs. Pellosis, G.R. No. 138964, 9 August 2001).

Elements of Rights

1. Subject- Active or Passive

2. Object- Things and services

3. Efficient Cause- Fact that gives rise to the legal relation

Active Subject vs. Passive Subject

Active Subject Passive Subject

Entitled to demand the enforcement of a Duty-bound to suffer the enforcement of

right the right

Kinds of Right

1. Political Rights- refers to the participation of persons in the government of the state

2. Civil Rights- include all others. May be further classified into the rights of personality,
family rights, and patrimonial rights.
Rules for the Waiver of Rights

Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals,
or good customs, or prejudicial to a third person with a right recognized by law. (Art. 6)
-+

Waiver is voluntary and intentional relinquishment or abandonment of a known legal right or

privilege. It has been ruled that a waiver to be valid and effective must be couched in clear and
unequivocal terms which leave no doubt as to the intention of a party to give up a right or benefit
which legally pertains to him. [RB Michael Press v.Galit, G.R.No. 153510 (2008)]

It is essential that a right, in order that it may be validly waived, must be in existence at the time
of the waiver (Ereneta v. Bezore, 54 SCRA 13) and it must be exercised by a duly capacitated
person actually possessing the right to make the waiver.It is an act of understanding that
presupposes that a party has knowledge of its rights, but chooses not to assert them. It must be
generally shown by the party claiming a waiver that the person against whom the waiver is
asserted had at the time knowledge, actual or constructive, of the existence of the party’s rights
or of all material facts upon which they depended.Where one lacks knowledge of a right, there is
no basis upon which waiver of it can rest.

Ignorance of material fact negates waiver, and waiver cannot be established by a consent given
under a mistake or misapprehension of fact .Waiver requires a knowledge of the facts basic to
the exercise of the right waived, with an awareness of its consequences. That a waiver is made
knowingly and intelligently must be illustrated on the record or by evidence (Consunji v. Court of
Appeals, G.R. No. 137873, April 20, 2001)

Real Rights vs. Personal Rights

Real Rights - the power belonging to a person over a specific thing, without a passive subject
individually determined against whom such right may be personally exercised. It provides direct
control over tangible objects. Real rights originate from legal facts and allow the holder to
enforce their claim against anyone controlling the object.

Personal Rights - the power belonging to one person to demand of another, as a definite
passive subject, the fulfillment of prestation to give, to do, or not to do. Personal rights arise
from obligations between parties and can only be enforced against the obligated individual.
Personal rights entitle one to performance from a specific individual.

Waiver of Rights

Waiver

A voluntary and intentional relinquishment or abandonment of a known and existing legal right,
advantage, benefit, claim, or privilege.
Requisites of a Valid Waiver (PCaCCo)

1. Person making the waiver possesses the right he is renouncing

2. He must have full capacity to make the waiver

3. Waiver must be clear and unequivocal

4. Waiver must not be contrary to law, public order, public policy, morals, good customs, or
prejudicial to a third person with a right recognized by law.

Note: The intention to waive a right or advantage must be shown clearly and convincingly, and
when the only proof of intention rests in what a party does, his act should be so manifestly
consistent with, and indicative of an intent to, voluntarily relinquish the particular right or
advantage that no other reasonable explanation of his conduct is possible.

Rights which may/cannot be waived

Rights which may be waived:

The doctrine of waiver is generally applicable to all rights and privileges to which a
person is legally entitled, whether secured by contract, conferred by statute, or guaranteed by
the Constitution, provided such rights and privileges rest in the individual and are intended for
his sole benefit. Thus, it is competent for a person to waive a right guaranteed by the
Constitution, and to consent to action which would be invalid if taken against his will. Rights
granted may also be waived for the same reason as in the case of rights granted by law or the
Constitution.

It has thus been held that the venue of actions, the rights of the accused to preliminary
investigation, and his right to be assisted by counsel, may be waived. The right of an insurance
company to cancel the insurance contract because of violation of its terms by the insured, may
likewise be waived by the company. (Tolentino, 1961).

Rights which may be waived: [CEOVAPICI]

- rights guaranteed by the constitution
- rights granted by executive orders of a general character
- venue of actions
- rights of the accused to preliminary investigation
- rights to be assisted by counsel
- right of an insurance company to cancel the insurance contract because of term
violations

Rights which cannot be waived:

Generally, obligations cannot be renounced. But a person may exempt himself from an
obligation which is inherent in a right, upon the renunciation of such right.
 - Example: When a co-owner of a dominant tenement renounces the servitude in favor of
the other co-owners, he thereby exempts himself from the obligation to contribute to the
expenses for the works necessary for the use of the servitude on the servient tenement.

Rights which cannot be waived:

- obligations, upon the renunciation of such right
- if such waiver is contrary to: [PMR]
- public interest or public order
- morals or good customs
- rights of a third person

Prohibited Waiver
- Laws cannot be renounced
- Note: rights arising from laws may be renounced

Rights that cannot be waived (WARN)

(a) When the Waiver is prejudicial to a third person with a right recognized by law
(b) Alleged Rights which really do not yet exist
(c) Those the Renunciation of which would infringe upon public policy
(d) Natural rights, such as the right to life

Repeal of Laws

Article 7 – Laws are repealed only by subsequent ones, and their violation or non-observance
shall not be excused by disuse, or custom, or practice to the contrary.

When the courts declare a law inconsistent with the Constitution, the former shall be void and
the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid only when they are not
contrary to laws or the Constitution.

Express vs. Implied Repeal

There are two (2) ways to repeal laws.

1) Express Repeal – A subsequent law contains a special provision stating that the prior
law or its provision/s ceased to have any effect.

2) Implied Repeal – This happens when the provisions of the subsequent law are
incompatible with earlier laws and no express repeal is mentioned.

Which is favored?
As a general rule, implied rules are not favored. In order for different laws to have an implied
repeal, there must be a plain, unavoidable, and irreconcilable repugnancy between the two. If
both laws can reasonably stand together, both will be sustained (Lichauco v Apostol, 44 Phil.
138, retrieved from Rabuya, 2017).

This rule is expressed in the maxim “interpretare et concordare lequibus est optimus
interpretendi” i.e every statute must be so interpreted and brought into accord with other laws as
to form a uniform legal system of jurisprudence.

Requisites of Implied Repeal

1) The laws cover the same subject matter

2) The latter is repugnant to the earlier

Note: There must be such a repugnancy between the laws that they cannot be made to stand
together (Example – Computation of Legal Periods (Art. 13 Civil Code vs. Administrative Code
of 1987)

What are examples of Express Repeal?

Article 254 of the Family Code explicitly stated that “Titles III, IV, V, VI, VIII, IX, XI, and XV of
Book 1 of Republic Act No. 386, otherwise known as the Civil Code of the Philippines, as
amended, and Articles 17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41, and 42 of Presidential Decree
No. 603, otherwise known as the Child and Youth Welfare Code, as amended, and all laws,
decrees, executive orders, proclamations, rules and regulations, or parts thereof, inconsistent
herewith are hereby repealed”.

A commonly used repealing clause stated as “All laws, decrees, orders, rules and regulations,
or portions thereof, inconsistent with this Code are hereby repealed or modified accordingly” is
not considered as an express repeal since it doesn’t identify the particular or specific law/s it
seeks to repeal.

What is the effect of repeal of the repealing law?

1) Express Repeal – When the repealing law is repealed itself, the law first repealed shall
not be revived unless provided.

2) Implied Repeal – When the implied repealing law is repealed, the prior law shall be
revived unless the repealing law states otherwise.

Power of the Supreme Law to Declare Unconstitutionality

The Supreme Court, exercising its power of judicial review, may declare a national legislature
invalid if it is in conflict with the Constitution.
Laws or executive acts prior to its determination of unconstitutionality remain a source of rights
and duties. Under the “doctrine of operative fact” it provides an exception to the general rule that
a void or unconstitutional law produces no effect. In simpler terms, the effects and
consequences of a law prior to its declaration of unconstitutionality remain valid for it cannot be
erased, ignored, or disregarded.

Special vs. General Law

1. General Law - applies broadly to all persons or things within its scope. It establishes general
rules of conduct and is not limited to specific cases or entities.
2. Special Law - targets specific situations, entities, or classes of persons. It addresses
particular issues that are not covered by general laws.

In the event of a conflict between a special and a general law, which should prevail?

If the general law was passed before the special law, the special law is seen as an exception to
the general one. Thus, the general law remains valid, except where the special law applies.
(Lichauco v. Apostol, 44 Phil. 138)

If the general law was enacted after the special law, the special law remains in effect unless:
(a) There is an explicit statement that overrides it,
(b) There is a clear and unavoidable conflict between the two, or
(c) The new general law fully addresses the subject and replaces the special law.

The reason why a general law will not repeal a special law or charter is because in
passing a special charter, the attention of the legislature is directed to the facts and
circumstances which the act or charter is intended to meet. The legislature considers and
makes provisions for all the circumstances of a particular case. The legislature having specially
considered all of the facts and circumstances in a particular case in granting a special charter, it
will not be considered that the legislature, by adopting a general law without any mention of its
intention to amend or modify the charter, intended to amend, repeal, or modify the special act or
charter. (Manila Railroad Co. vs. Rafferty, 40 Phil. 224; Compaña General vs. Col. of Customs,
46 Phil. 8).

Non-observance of the law

Since laws are promulgated by the competent authority of the State, they cease to have
effect only through the will of the State; the statute may lapse by its own terms, or it may be
repealed by the legislative department, or declared unconstitutional by the judicial branch. Only
the State can abrogate its own acts. Hence, as long as a law remains in the statute books, its
legal force and effect subsists, notwithstanding any practice to the contrary or non-observance.
(Commentaries and Jurisprudence under the Civil Code, Tolentino).
Note: Disuse, custom, or practice to the contrary DOES NOT repeal a law. Thus, although
hardly enforced, or never enforced at all, the law still remains in force (Johnston, 1968).

SUPREMACY OF THE CONSTITUTION

Art. 7 par 2 of the NCC states that, “when the courts declare a law to be inconsistent with the
Constitution, the former shall be void and the latter shall govern.” The constitution is the
fundamental law of the land and all laws must bow before it. Thus, if a law, administrative or
executive acts, orders and regulations are inconsistent with the Constitution, they are con-
sidered not valid.

Power to Declare Law Unconstitutional

It is the office and duty of the judiciary to enforce the Constitution. Under the Constitution, the
Supreme Court may declare an act of the national legislature invalid because it is in conflict with
the fundamental law. The Court, in doing such, exercises the power of judicial review.

Operative Fact Doctrine

The doctrine of operative fact recognizes the existence of the law or executive act prior to the
determination of its unconstitutionality as an operative fact that produced consequences that
cannot always be erased, ignored or disregarded. In short, it nullifies the void law or executive
act but sustains its effects. It provides an exception to the general rule that a void or
unconstitutional law produces no effect. But its use must be subjected to great scrutiny and
circumspection, and it cannot be invoked to validate an unconstitutional law or executive act, but
is resorted to only as a matter of equity and fair play. It applies only to cases where
extraordinary circumstances exist, and only when the extraordinary circumstances have met the
stringent conditions that will permit its application.

Judicial Decisions vis a vis Statutes

Article 8 of the Civil Code provides that, “Judicial decisions applying and interpreting the law
shall form part of the legal system of the Philippines.” In effect, judicial decisions, although in
themselves not laws, assume the same authority as the statute itself and, until authoritatively
abandoned, necessarily become, to the extent that they are applicable, the criteria which must
control the actuations not only of those called upon to abide thereby but also those duty bound
to enforce obedience thereto (Caltex, Inc. v. Palomar, 18 SCRA 247). These decisions also
constitute evidence of what the law means (People v. Licera, G.R. No. L-39990).

Decisions not source of law.

Jurisprudence cannot be considered as an independent source of law; it CANNOT create a law.
A law established by jurisprudence would be a judge-made law, which is juridically impossible in
our governmental system in which there is separation of powers, inasmuch as the sole function
of our court is to apply or interpret the laws.
The court’s interpretation of a statute constitutes part of the law as of the date it was originally
passed since the Court’s construction merely establishes contemporaneous legislative intent
that the interpreted law carried into effect.

Role of Jurisprudence
1. To fill the deficiencies of legislation and provide a rule for the facts of a given case for
which there is neither positive provision of said law not established custom
2. To adapt and adjust rigid and inflexible provisions of law, rendered inadequate by time
and circumstances, to the changing conditions of life and society, so that the law may
accomplish its social mission

What do the roles of jurisprudence imply?

Jurisprudence must necessarily be flexible, capable of receiving impressions from
without, so that it can be an advance guard in the equitable application of law and an active
instrumentality in the progressive development of the law.

Doctrine of Stare Decisis. How are judicial decisions abrogated?

Lation maxim: stare decisis et non quieta movere which means “to stand by decisions and not
to disturb the already settled matters.”

The “doctrine of stare decisis” means that when the Court has once laid down a principle of law
as applicable to a certain state of facts, it will adhere to that principle and apply it to all future
cases where the facts are substantially the same. The doctrine of stare decisis enjoins
adherence to judicial precedents. The doctrine is based on the principle that once a question of
law has been examined and decided, it should be deemed settled and closed to further
argument. The doctrine, however, does not mean blind adherence to precedents. If the doctrine
is found to be contrary to law or erroneous, it should be abandoned. (Rabuya, 2021)

Judicial decisions may be abrogated by: (CRSC & CLAC)

a. By a Contrary Ruling by the Supreme Court itself. (E.g. Tan Chong v. Sec. of
Labor, 79 Phil. 249, where the Supreme Court abandoned the theory that “jus
soli” was recognized formerly in the Philippines; Eraña, et al. v. Vera, et al., 74
Phil. 272, which held that preliminary attachment was in certain instances proper
in criminal cases. This reversed the rul ing laid down in U.S. v. Namit, 38 Phil.
926, and People v. Moreno, 60 Phil. 674). (Paras, 2008)
b. By Corrective Legislative Acts of Congress (People v. Mendoza, 59 Phil. 163),
although said laws cannot adversely affect those favored prior to Supreme Court
decisions. (Paras, 2008)

Note: Doctrine Refers to Supreme Court Decisions:

 Note that only decisions of the Supreme Court establish jurisprudence or doctrine in this
jurisdiction. Hence, only decisions of the Supreme Court are considered in the
application of the doctrine of stare decisis.

Prospective Application of New Doctrines:

As a rule, the Supreme Court’s interpretation of a statute forms part of the law as of the date it
was originally passed because the Court’s construction merely establishes the
contemporaneous legislative intent that the interpreted law carries into effect.
While an interpretation upon a law by the Supreme Court constitutes, in a way, a part of the law
as of the date that law originally passed, however, when a doctrine of the Court is overruled and
a different view is adopted, the new doctrine should be applied prospectively, and should not
apply to parties who had relied on the old doctrine and acted on the faith thereof.

Note: lex prospicit, non, recipit, the law looks forward not backward.

Obiter Dictum vs. Dissent

Obiter dictum - Latin phrase meaning “that which is said in passing,” an incidental statement.
Specifically, in law, it refers to a passage in a judicial opinion which is not necessary for the
decision of the case before the court. Such statements lack the force of precedent but may
nevertheless be significant. (https://www.britannica.com/topic/obiter-dictum)

Dissenting Opinion - An opinion filed by a judge who disagrees with the majority decision in an
appellate case. When a legal decision is appealed to a higher court, it is generally heard and
decided by a panel of judges, rather than a single judge, as in trial court. The judges each
express their opinions on the case, after all of the documents have been reviewed, and oral
arguments heard, and then vote on the outcome. Majority rules in this case, and one of the
judges who voted with the majority writes a formal opinion, declaring the court’s ruling, and
explaining the rationale behind how the decision was reached. The judges who do not agree
with the majority vote can write formal opinions as well, explaining why they disagreed with the
ruling. This is called a dissenting opinion.
(https://legaldictionary.net/dissenting-opinion/)

In some cases, a previous dissenting opinion is used to spearhead a change in the law, and a
later case may result in a majority opinion adopting a particular law that was formerly discussed
in a dissenting opinion. (https://www.sunstar.com.ph/more-articles/lee-dissenting-opinions-in-
the-supreme-court)

Duty of Courts to Render Judgment

Our government is divided into three great departments, namely the executive, the legislature
and the judiciary. The judiciary is tasked with resolving legal controversies and interpreting
statutes. The Supreme Court said that, while there is indeed the existence of the concept that
the courts cannot engage in judicial legislation, that myth has been exploded by Article 9 of the
new Civil Code, which provides that “no judge or court shall decline to render judgment by
reason of the silence, obscurity or insufficiency of the laws.’’ Hence, even the legislator himself,
through Article 9 of the Civil Code, recognizes that in certain instances, the court, in the
language of Justice Holmes, “do and must legislate” to fill in the gaps in the law; because the
mind of the legislator, like all human beings, is finite and therefore cannot envisage all possible
cases to which the law may apply. Nor has the human mind the infinite capacity to anticipate all
situations.

INTERPRETATION OF LAWS

The courts have the principal function of not only resolving legal controversies but also of
interpreting and construing vague provisions of law relative to a particular dispute.

Interpretation of Doubtful Statutes

In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking
body intended right and justice to prevail (Art. 10, NCC).

The first duty of the judge is to apply the law, whether it be wise or not, whether unjust, provided
that the law is clear, and there is no doubt. It is the sworn duty of the judge to apply the law
without fear or favor, to follow its mandate, not to tamper with it. (Jose Go vs. Anti-Chinese
League of the Phils. and Fernandez)

Custom, defined
Custom is a “rule of conduct formed by repetition of acts, uniformly observed as a social rule,
legally binding and obligatory” (In re: Authority to Continue Use of Firm Name SyCip, Salazar,
Feliciano, Hernandez, & Castillo, 92 SCRA 12 (1979)). In relation to Article 11 of the Civil Code,
it provides that customs which are contrary to law, public order or public policy shall not be
countenanced.

Requisites in Considering Customs

》Presumption and Applicability of Customs

Article 12 of the Civil Code provides that a custom must be proved as a fact, according to the
rules of evidence.

The following are the requisites before a custom may have the force of suppletory rule:
1) Plurality of acts, or various resolutions of a juridical question raised repeatedly in life;
2) Uniformity, or identity of acts or various solutions to the juridical question;
3) General practice by the great mass of the social group;
4) Continued performance of these acts for a long period of time;
5) General conviction that the practice corresponds to a juridical necessity or that it is obligatory;
6)The practice must not be contrary to law, morals or public order.

Computation of Periods

For computation of periods, the Civil code provides that the following must be understood as:

● A Year. Twelve calendar months*

● A Month. Understood to be 30 days, unless it refers to a specific calendar month in
which case, it shall be computed according to the number of days the specific month
contains
● A Day. 24 hours
● A Night. Means from sunset to sunrise
● Week. Period of 7 days, beginning on Sunday and ending on Saturday; where the word
is used as a measure of time, it means a period of 7 consecutive days.

Rule in counting periods. The FIRST DAY is EXCLUDED. The LAST DAY is INCLUDED.

Territoriality Theory vs. Generality Theory. See Art. 2 Revised Penal Code. Reason
Generality Theory - refers to persons
● General Rule: All persons living or sojourning in the Philippines are subject to our
Philippine criminal jurisdiction.
● Exception to the General Rule:
1. Generally Accepted Principles of International Law;
2. Laws of Preferential Application; Heads of state, chief of state and other diplomatic
heads such as ambassadors and public ministers enjoy blanket immunity from the
criminal jurisdiction of the country where they are assigned. Since they are immune, they
cannot be arrested, prosecuted or punished. (Diplomatic Immunity from Suit). Generally,
consuls are subject to penal laws of the country where they are assigned unless there is
a treaty or an agreement between the home country of the consul and the country where
he is designated stating that the consul is immune from the criminal jurisdiction of the
host country. Laws which exempt certain individuals from criminal prosecution such as
members of Congress are immune from libel, slander and defamation for every speech
made in the House of Congress during a regular or special session.

Territoriality Theory - refers to a place

1. General Rule: Territoriality Penal laws shall be applicable only within the Philippine
jurisdiction including its atmosphere, internal waters, etc. General Rule Crimes
committed outside the Philippine jurisdiction cannot be under Philippine courts.
Exception Article 2 of the Revised Penal Code provides situations where the extra-
territorial jurisdiction of the Revised Penal Code may be applied.
2. Exception to the General Rule: Extraterritorial Application
 ARTICLE 2, RPC Application of Its Provisions. — Except as provided in the treaties and
laws of preferential application, the provisions of this Code shall be enforced not only
within the Philippine Archipelago, including its atmosphere, its interior waters and
maritime zone, but also outside of its jurisdiction, against those who:
a. Should commit an offense while on a Philippine ship or airship;
b. Should forge or counterfeit any coin or currency note of the Philippine
Islands or obligations and securities issued by the Government of the
Philippine Islands;
c. Should be liable for acts connected with the introduction into these
islands of the obligations and securities mentioned in the preceding
number;
d. While being public officers or employees, should commit an offense in the
exercise of their functions; or
e. Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of this Code.

Conflict of Laws. Forum Non Conveniens. Choice of Law.

GENERAL PROVISIONS ON CONFLICT OF LAWS

Conflict of Laws is that part of law which comes into play when the issue before the court affects
some fact, event or transaction that is so clearly connected with a foreign system of law as to
necessitate recourse to that system. It is that part of the municipal law of a state which directs
its courts and administrative agencies, when confronted with a legal problem involving a “foreign
element”, whether or not they should apply foreign laws. It is domestic law but it points to the
potential application of foreign law, domestically.

Elements of Conflict of Laws

1. Legal problem or case involving foreign element; and

2. Primary function is to determine whether the law or judgements of the state/s will govern
and if so, the extent of its recognition or application in the forum

Foreign Element
A factual situation cutting across territorial lines, affected by diverse laws of two or more states.

Forum Non Conveniens

Doctrine of Forum Non Conveniens

● A Philippine court in a conflict-of-laws case may assume jurisdiction if it chooses to do
so, provided that the following requisites are met (Continental Micronesia, Inc.,
Petitioner, vs. Joseph Basso, Respondent, G.R. Nos. 178382-83, September 23, 2015):
1. That the Philippine Court is one to which the parties may conveniently resort to;
2. That the Philippine Court is in a position to make an intelligent decision as to the
law and the facts; and
 3. That the Philippine Court has or is likely to have power to enforce its decision.
(CRIDPE)
Choice of law:

Jurisdiction pertains to the court or tribunal's competence to rule on a matter before it. Choice of
law deals with determining which law applies.

Nationality Principle. Scope

Article 15. Laws relating to family rights and duties, or to the status, condition and legal
capacity of persons are binding upon citizens of the Philippines, even though living
abroad. (9a)

NATIONALITY RULE

Regardless of where a citizen of the Philippines might be, he or she will be governed by
Philippine laws with respect to his or her family rights and duties, or to his or her status,
condition and legal capacity.

Nationality rule is a conflict of laws rule which applies to a situation where a Filipino citizen is
outside of the Philippines, or one of parties is a citizen of another country, or where the act or
event transpired abroad.

SCOPE

1. Family rights and duties - Referring to parental authority, support, and obligations
between spouses.

2. Status and Condition- Referring to whether married or not, legitimate or illegitimate.

● Divorce between Filipinos,Not Valid: As Philippine law does not provide for absolute
divorce, our courts cannot grant it. Marriages between two Filipinos cannot be dissolved
even by a divorce obtained abroad due to Articles 15 and 17 of the Civil Code.
● Divorces Obtained by Foreigners: Divorces obtained abroad by aliens may be
recognized in the Philippines, if they are valid according to their national law.
● Reckoning Point in Determining Citizenship: The reckoning point is not the citizenship of
the parties at birth or at the time of marriage, but their citizenship at the time a valid
divorce is obtained abroad. (Republic of the Philippines v. Orbecido III).
● Divorce Obtained in Mixed Marriage: Previously, in mixed marriages between a Filipino
and a foreigner, the latter is allowed to remarry in case a divorce is validly obtained
abroad while the Filipino spouse remains married to the divorced foreign spouse. Article
26 of The Family code now allows Filipino spouses to remarry if the alien spouse is
released from the marriage through a divorce validly obtained abroad.
 3. Legal Capacity - Following the nationality principle under Article 15, laws on legal
capacity of persons are binding to Filipinos even while living abroad, and for aliens, it is
their national law that will govern their legal capacity.

Lex Rei Sitae. Exceptions. First paragraph. Second paragraph.

● Definition: Lex Rei Sitae is a universal principle that real or immovable property is
exclusively subject to the laws of the country or state where it is located (Rabuya, 2021).
○ All matters concerning the title and disposition of real property are determined by
lex loci rei sitae, or “the law of the place where the property is located”
■ Includes:
a. Mode by which a title can be passed from one person to another
b. How an interest therein can be gained or lost
○ Includes rules that govern the:
■ Descent, Alienation, and Transfer of Immovable Property (DAT)
■ Validity, Effect, and Construction of Wills and Other Conveyances (VEC)
● General Rule: Real or immovable property is exclusively subject to the laws of the
country or state where it is located.
○ Example:
■ Foreigners are not allowed from acquiring or owning lands in the
Philippines, except through hereditary succession (Sections 2, 3, and 7,
Article XII, 1987 Philippine Constitution)
● Thus, even if a foreigner is capacitated to acquire lands based on
his national law and the law of the place where the contract is
made, Philippine laws will prevail in the acquisition of lands in the
Philippines
● Exception: National Law of Decedent
○ According to Paragraph 2 of Article 16 of the New Civil Code, it is the national
law of the person whose succession is under consideration, or the decedent,
and not the law of the country where the property is situated that will govern even
if properties are involved with respect to the following aspects of succession:
■ Order of Succession, Amount of Successional Rights, and Intrinsic
Validity of Testamentary Provisions (OASIV)

Renvoi Doctrine.
Literally means referring back; the problem arises when there is a doubt to whether a reference
to a foreign law is a reference to the International Law of said foreign law minus its conflict of
laws rules; or reference to the whole of the foreign law, including its conflict of laws rules. Said
doctrine is usually pertinent where the decedent is a national of one country, and a domicile of
another.

Adherence to the renvoi theory suggests that the rules of the conflict of laws should be
interpreted to include both the foreign state's or country's ordinary or domestic law and its rules
of the conflict of laws. This idea holds that "a country's law" refers to all of its laws.
Doctrine of Lex Loci Celebrationis. Acts Before Diplomatic Officials. Prohibitive
Laws.

ART. 17 Par. 1. The forms and solemnities of contracts, wills, and other public
instruments shall be governed by the laws of the country in which they are executed.

Doctrine of Lex Loci Celebrationis - a legal principle in conflict of laws that refers to the law of
the place where a contract was celebrated or formalized.(extrinsic validity)

a. Forms and solemnities of wills

i. General Rule: The forms and solemnities of wills (extrinsic validity) shall be
governed by the laws of the country in which they are executed
ii. Exception: However, joint wills executed by Filipinos in a foreign country shall
not be valid in the Philippines, even though authorized by the laws of the country
where they may have been executed.

b. Forms and solemnities of contracts

i. General Rule: The forms and solemnities of contracts shall be governed by the
laws of the country in which they are executed
ii. Exception: All matters concerning the title and disposition of real property are
determined by what is known as the lex loci rei sitae

c. Intrinsic validity of contracts - the intrinsic validity of contracts must be governed by

the lex contractus or “proper law of the contract” which is the voluntarily agreed upon
by the parties (lex loci voluntatis) or the law intended by them either expressly or
implicitly

Approaches when such choice is absent:

1. To apply the law of that State that “has the most significant relationship to the
transaction and the parties; or
2. The law of the place of the performance or lex loci solutionis if the issue relates to all
matters relating to the time, place, and manner of performance and valid excuses for
non-performance

Acts Before Diplomatic Officials

Par. 2. When the acts referred to are executed before the diplomatic or consular officials of the
Republic of the Philippines in a foreign country, the solemnities established by Philippine laws
shall be observed in their execution.

- Embassies and/or consular offices of the Republic of the Philippines are extensions of
the Philippine territory and jurisdiction hence, Philippine laws shall be observed in the
solemnities of contracts, wills, and other public instruments.

Prohibitive Laws
Par. 3. Prohibitive laws concerning persons, their acts or property, and those which have for
their object public order, public policy and good customs shall not be rendered ineffective by
laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign
country.

- To give justice is the most important function of law. A foreign law, judgment, or
contract contrary to a sound and established public policy of the forum shall not be
applied (Del Socorro v. Van Wilsem) when its application would work undeniable
injustice to the citizens or residents of the forum

- As a matter of public policy: Philippine courts cannot recognize the effect of foreign
divorce decree between two Filipinos because it is a patent violation of the declared
public policy of the state.
Chapter 2: Human Relations

Reason for the Chapter on Human Relations.

Principle of Abuse of Rights

A right, though by itself legal because recognized or granted by law as such, may
nevertheless become the source of some illegality. When a right is exercised in a manner
which does not conform with the norms enshrined in Art. 19 and results in damage to
another, a legal wrong is thereby committed for which the wrongdoer must be held
responsible. (Tocoms Ph. v. Philips Electronics, G.R. No. 214046, 05 Feb. 2020)

Rationale: The exercise of a right ends when the right disappears, and it disappears
when it is abused, especially to the prejudice of others. It cannot be said that a person
exercises a right when he unnecessarily prejudices another or offends morals or good
customs. (Pineda, 2010)

Elements of an Abuse of Rights: LBP (Albano, 2006)

1. There is a Legal right or duty;
2. which is exercised in Bad faith;
3. for the sole intent of Prejudicing or injuring another.

As explained by the Court, the exercise of a right ends when the right disappears, and it
disappears when it is abused, especially to the prejudice of others. (Rabuya, 2021)

To illustrate, when a lot owner fences his property for the purpose of evicting its occupant
whose lease contract had already expired, said lot owner is liable for damages. He should have
resorted to the proper legal processes (such as filing an action for ejectment) if he wanted to
recover possession of the land. (Rabuya, 2021)

Principle of Damnum Absque Injuria

The legitimate exercise of a person’s rights, even if it causes loss to another, does not
automatically result in an actionable injury. Under this principle, the proper exercise of a lawful
right cannot constitute a legal wrong for which an action will lie. although the act may result in
damage to another, for no legal right has been invaded. “Well-settled is the maxim that damage
resulting from the legitimate exercise of a person’s rights is a loss without injury—damnum
absque injuria—for which the law gives no remedy.”

For example, it is within the right of the owner of a parcel of land to enclose and fence his
property, if the same is not subject to any servitudes. Such act of constructing a fence within his
lot is a valid exercise of his right as an owner, hence not contrary to morals, good customs, or
public policy. As a consequence, whatever injury or damage may have been sustained by
others by reason of the rightful use of the said land by its owner is damnum absque injuria.
(Rabuya,2021)

Willful and Negligent Acts

According to Art. 20 of the New Civil Code, a person who commits willful or
negligent acts contrary to law, causing damage to another, shall indemnify the latter.
Consider the case Sps. Quisumbing v. Meralco (G.R. No. 142943, April 3, 2002) where
petitioners were granted moral damages due to the acts of Meralco, which were the
immediate disconnection of electricity without prior notice, thereby depriving the
petitioners due process. In the case of RCPI v. CA & Dionela (G.R. No. L-44748,
August 29, 1986), the negligence of the employees is a breach of contract of the
employer, since an employer, if not made liable directly for the acts of its employees in
the pursuit of its business, would deprive the general public from availing an effective
and adequate remedy. In contrast, willful acts of a person that risks oneself of injury or
loss, cannot recover damages, volenti non fit injuria (Garciano v. CA, et al., G.R. No.
96126, August 10, 1992).

Wilful Acts Contrary to Morals

Article 21 of the New Civil Code provides that any person who willfully causes loss or injury to
another in a manner that is contrary to morals, good customs or public policy shall compensate
the latter for the damage.

Note: “Willful” may mean not merely voluntary but with a bad purpose.
Article 21 was intended to expand the concept of torts in this jurisdiction by granting adequate
legal remedy for the untold number of moral wrong which is impossible for human foresight to
specifically provide in the statutes

Accion in Rem Verso

An accion in rem verso is considered merely an auxiliary action, available only

when there is no other remedy on contract, quasi-contract, crime, and quasi-delict. If
there is an obtainable action under any other institution of positive law, that action must
be resorted to, and the principle of accion in rem verso will not lie.

In order that accion in rem verso may prosper, the essential elements must be
present:
● (1) that the defendant has been enriched
● (2) that the plaintiff has suffered a loss
● (3) that the enrichment of the defendant is without just or legal ground
● (4) that the plaintiff has no other action based on contract, quasi-contract,
crime or quasi-delict

Duty to Indemnify due to benefit received

Article 23 – Even when an act or event causing damage to another's property
was not due to the fault or negligence of the defendant, the latter shall be liable
for indemnity if through the act or event he was benefited.

This Civil Code provision does not require fault or negligence to incur civil liability. The
mere fact that an injurious act or event happened, causing damage to one and causing
injury to another, gives rise to remedy by the latter against the former.

Underdog Rule

Article 24 – In all contractual, property or other relations, when one of the parties
is at a disadvantage on account of his moral dependence, ignorance, indigence,
mental weakness, tender age or other handicap, the courts must be vigilant for
his protection.

This provision of the Civil Code is called “the courts’ protection of the underdog”
explaining that the law takes great interest in the welfare of the weak and the
handicapped. Courts are allowed by law to give more protection to those who are
morally dependent, those who are ignorant, those who are mentally weak, those who
are young or those who are handicapped. This, of course, does not mean that they are
above the law or that they are given a preferential status but simply means that courts
must be vigilant as others may take advantage of their disadvantaged status.

9. Thoughtless Extravagance
Article 25. Thoughtless extravagance in expenses for pleasure or display during a
period of acute public want or emergency may be stopped by order of the courts at the
instance of any government or private charitable institution.

The rationale for this legal provision is succinctly pointed out by a respected civil law
author: “When the rich indulge in thoughtless extravagance or display during a period of
acute public want or emergency, they may unwittingly kindle the flame of unrest in the
hearts of the poor who thereby become more keenly conscious of their privation and
poverty and who may rise against the obvious inequality.” (Tolentino, I Civil Code of the
Philippines [1990], p. 91)

There is yet no definitive Supreme Court ruling which involves this legal provision.
Nevertheless, it would appear that three requisites must be present for this provision to
apply. First, there must be an acute public want or emergency. Second, there must
be a thoughtless extravagance in expenses for pleasure or display. Third, only
government or private charitable institutions could file the action seeking to stop the
thoughtless extravagance.

10. Duty to Respect Privacy

Article 26. Every person shall respect the dignity, personality, privacy and peace of mind of his
neighbors and other persons. The following and similar acts, though they may not constitute a
criminal offense, shall produce a cause of action for damages, prevention and other relief:

(1) Prying into the privacy of another's residence;

(2) Meddling with or disturbing the private life or family relations of another;

(3) Intriguing to cause another to be alienated from his friends;

(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of
birth, physical defect, or other personal condition.

Philosophy Behind Art. 26

-The Code Commission stressed in no uncertain terms that the human personality must be exalted.
If the statutes insufficiently protect a person from being unjustly humiliated, in short, if human
personality is not exalted, then the laws are indeed defective. Thus, under this article, the rights of
persons are amply protected, and damages are provided for violations of a person’s dignity,
personality, privacy, and peace of mind.

Enumeration not exclusive

The violations mentioned in Art. 26 are not exclusive but are merely examples and do not preclude
other similar or analogous acts. Damages therefore are allowable for actions against a person’s
dignity, such as profane, insulting, humiliating, scandalous or abusive language.

Refusal or Neglect to Perform Official Duty

General Rule: A public officer, whether judicial, quasi-judicial or executive, is not
personally liable to one injured in consequence of an act performed within the scope of
his official authority, and in line of his official duty,

XPN: Any person suffering material or moral loss because a public servant or employee
refuses or neglects, without just cause, to perform his official duty may file an action for
damages and other relief against the latter, without prejudice to any disciplinary
administrative action that may be taken.

Article 27 presupposes that the refusal or omission of a public official is attributable to

malice or inexcusable negligence.

Requisites: (DAWI)
(1) That the defendant be a public official charged with the performance of official
duties;
(2) That there be a violation of an official duty in favor of an individual;
(3) That there be wilfulness or negligence in the violation of such official duty; and
(4) That there be an injury to the individual.

Analysis
When an officer has specific duties, issues of liability for neglect often arise,
similar to situations where official duties are not fulfilled. For example, it was determined
that if a duty is clearly intended to benefit the public and individuals, and any penalties
go to the State or the individual, then a person harmed can definitely pursue legal action
for the breach of that duty.
The term "neglect" refers to a lack of care, caution, and foresight that should be
exercised under specific circumstances. While we often hear terms like slight
negligence, ordinary negligence, and gross negligence, they don’t have precise legal
meanings; they simply indicate varying degrees of neglect. Any harmful neglect of duty
is actionable. For example, the law places higher obligations on certain professions,
requiring greater care than what is typically expected. Additionally, individuals can sue
for failure to perform official or statutory duties if those duties were meant to benefit or
protect them.

Unfair Competition
Unfair Competition
➔ follows the concept of unfair competition in American Jurisdictions
➔ covers even cases of discovery of trade secrets of a competitor, bribery of his
employees, misrepresentation of all kinds, interference with the fulfillment of a
competitor's contracts, or any malicious interference with the latter's business.
➔ What is sought to be prevented by Article 28 of the Civil Code is not the
competition per se, but the use of unjust, oppressive, or high-handed methods,
which may deprive others of a fair chance to engage in business or to earn a
living.

Requisites: (ICS)
(1) must involve an injury to a competitor or trade rival; and
(2) must involve acts which are characterized as "contrary to good conscience", or
"shocking to judicial sensibilities", or otherwise unlawful (e.g. force intimidation,
deceit, machination, etc.)

In general…
Unfair competition is a crime under Article 189 of the Revised Penal Code. While
healthy competition can enhance products, using force, intimidation, deceit, or other
unfair tactics to harm competitors is not acceptable and can lead to claims for damages.
If someone prevents licensed competitors from selling their goods, they can be held
liable for damages, and a victim can pursue legal action regardless of any criminal
proceedings.

Test of Unfair Competition

There is “unfair competition” under Article 28 of the Civil Code if two requisites are
satisfied:
(1) it must involve an injury to a competitor or trade rival, and
(2) it must involve acts which are characterized as “contrary to good conscience,” or
“shocking to judicial sensibilities,” or otherwise unlawful; in the language of our law,
these include force, intimidation, deceit, machination, or any other unjust, oppressive, or
high-handed method. The public injury or interest is a minor factor; the essence of the
matter appears to be a private wrong perpetrated by unconscionable means

Criminal vs. Civil Liability; Preponderance of Evidence vs. Proof Beyond

Reasonable Doubt vs. Substantial Evidence25

Civil Liability

· The obligation and the moral duty of everyone to repair or make whole the damage
caused to another by reason of his own act or omission, done intentionally or negligently,
whether or not the same be punishable by law.

· Damage or injury to another is the foundation of civil action.

Criminal Liability

· It is enough that the act or omission complained of is punishable, regardless of whether

or not it also causes material damage to another.

Preponderance of Evidence vs. Proof Beyond Reasonable Doubt vs. Substantial

Evidence

Preponderance of Evidence

· The evidence as a whole adduced by one side is superior to that of the other.

· If the guild of the accused has not been satisfactorily established (not beyond
reasonable doubt), he is not exempt from civil liability based on delict which may be proved
by preponderance of evidence only.

Proof Beyond Reasonable Doubt

· Every circumstance against guilt and in favor of innocence must be accounted for.

· Quantum of Evidence for the prosecution

· The prosecution must convince the judge there’s no other reasonable conclusion that
can come from the evidence presented at trial.
Substantial Evidence

· It is a degree of proof lower than proof beyond reasonable doubt and preponderance of
evidence. “The standard of substantial evidence is satisfied when there is reasonable
ground to believe, based on the evidence submitted, that the respondent is responsible for
the misconduct complained of.”

· Such relevant evidence as a reasonable mind might accept as adequate to support a

conclusion.

16. Independent Civil Actions

Rule of implied institution

● When a criminal action is instituted, the civil action for the recovery of civil liability
arising from the offense charged (civil liability ex delicto) is deemed instituted with
the criminal action unless the offended party:
○ waives the civil action;
○ reserves the right to institute it separately; or
○ institutes the civil action prior to the criminal action.
● The civil action which has been reserved cannot be instituted until final judgment
has been entered in the criminal action. If the criminal action is filed after the civil
action has already been instituted, the latter shall be suspended in whatever
stage it may be found before judgment on the merits and the suspension shall
last until final judgment is rendered in the criminal action. However, the civil
action may be consolidated with the criminal action.

When no criminal action instituted

● When a separate civil action is brought to demand civil liability arising from a
criminal offense (civil liability er delicto), and no criminal proceedings are
instituted during the pendency of the civil case, a preponderance of evidence
shall be sufficient to prove the act complained of.

Civil actions not based on delict

● When the civil action is based on an obligation not arising from the act or
omission complained of as a felony (not based on delict), such civil action may
proceed, independently of the criminal proceedings and regardless of the result
of the latter.

Independent civil actions

 ● The offended party is authorized to bring an independent civil action in the cases
provided for in Articles 32, 33, 34, and 2176 of the Civil Code. It shall proceed
independently of the criminal action and shall require only a preponderance of
evidence. In no case, however, may the offended party recover damages twice
for the same act or omission charged in the criminal action.

Article 32 of NCC

● An individual can hold a public officer personally liable for damages on account
of an act or omission that violates a constitutional right only if it results in a
particular wrong or injury to the former.

Article 33 of NCC

● “Defamation" and "fraud" are used in their ordinary sense, while the term
“physical injuries" is understood to mean bodily injury, not the specific crime of
physical injuries." Hence, the term includes the crimes of physical injuries,
frustrated homicide, attempted homicide, or even death. Note that the civil action
may proceed independently of the criminal proceedings even if the crime
charged is "homicide thru reckless imprudence."

17. Prejudicial Question

Concept
● A prejudicial question is the issue raised in a pending civil case, the resolution of
which determines whether or not a criminal action may proceed or determines
the guilt or innocence of the accused. Section 6 of Rule 111 of the Revised Rules
of Criminal Procedure directs that the proceedings may only be suspended, not
dismissed, and that it may be made only upon petition, and not at the instance of
the judge alone or the investigating officer.

Requisites

● the previously instituted civil action involves an issue similar or intimately related
to the issue raised in the subsequent criminal action
● the resolution of such issue determines whether or not the criminal action may
proceed

Nature of pending actions

 ● Generally, a prejudicial question comes into play only in a situation where a civil
action and a criminal action are both pending, and there exists in the former an
issue which must be preemptively resolved before the criminal action may
proceed because the resolution of the civil action is determinative juris el de jure
of the guilt or innocence of the accused in the criminal case.

Exception

● The foregoing, however, is not an ironclad rule. It is imperative that the Court
consider the rationale behind the principle of prejudicial question, i.e., to avoid
two conflicting decisions, prudence dictates that the principle underlying the
doctrine should be applied, regardless of the fact that the pending cases are not
civil and criminal.

III. Book I. Persons

Title I. Civil Personality

1. What is a person? Types.

Chapter 1. General Provisions

1. Juridical Capacity28
2. Restrictions on Capacity to Act29

Persons vs Personality

Person – any being susceptible of rights of obligations or more specifically, it is very

physical or moral, real or juridical, and legal being susceptible or rights and obligations
or being the subject of legal relations
Personality – the aptitude to be the subject (active or passive) or juridical relations

Kinds of Persons

1) Natural – human beings

2) Juridical – also referred to as artificial persons are artificial beings susceptible of
rights and obligations or of being the subject of legal relations

The union of Juridical Capacity and Capacity to Act constitutes full civil capacity.

Juridical Capacity – fitness to be the subject of legal relations

Capacity to Act – the power to do acts with legal effects
Juridical Capacity (JC) vs Capacity to Act (CA)

1) JA is the static condition of the subject while CA is dynamic

2) JC is the aptitude to be the subject of rights and obligations, the abstract
possibility of receiving legal effects while CA is the power to give life to juridical acts,
to executive acts with legal effects
3) JC is one, indivisible, irreducible, and essentially the same always and for all
men while CA does not exist in all men nor does it exist to the same extent
4) For JC, it is enough that the latter exists (inherent and ineffaceable attribute).
For CA, intelligence and volition are required since these do not exist in all men nor
to the same extent
5) JC is lost only through death while CA may be lost through other means or
circumstances
6) JC may be limited or restricted while CA can be limited or restricted by certain
circumstances

Restrictions and Modifications on Capacity to Act (Article 38) – do not restrict

certain obligations, as when the latter arise from his acts or from property relations,
such as easements

1) Minority – Generally, minors cannot enter a contract

a. Effects – If without consent/assistance of the guardian, either voidable or

unenforceable

- Voidable or annullable when one of the parties is incapable of giving

consent. May be ratified by the guardian
- Unenforceable when both parties cannot give consent. If both guardians of
the parties give consent, the contract shall be validated from the inception
- If the contract is voidable due to minority, action for annulment must be
commenced within 4 years from the time the guardianship ceases

2) Insanity or Imbecility

a. Same difference as provided by the RPC

b. Insane or demented persons cannot give their consent
c. Insane persons cannot make a valid will
d. Contracts entered by these people are voidable
e. It must be proven that the person is insane at the time of the execution of the
contract
 3) Deaf and Mute

a. Valid only for those who cannot read or write

4) Civil Interdiction

a. Civil Interdiction is a mandatory accessory penalty imposed upon an accused

who is sentenced to a principal penalty not lower than reclusion temporal.
(Art. 38, NCC)
b. Produces the following effects

- Deprivation of parental or marital Authority;

- Deprivation of the right to be the Guardian of the person and property of a
ward;
- Deprivation of his property by act Inter vivos;
- Deprivation of the right to Manage one's properties. (Art. 34, RPC)

5) Prodigality

a. Prodigality is defined as “A spendthrift or squanderer of his money and

property without regard to the needs and future of his family”
b. It does not itself limit the capacity of the person to act and he may enter into
contracts and make wills disposing of his property
c. However, he may be placed under guardianship as an incompetent (Rule 93,
Section 2, Rules of Court)

Chapter 2. Natural Persons

What is presumptive personality?

Art. 40. Birth determines personality; but the conceived child shall 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)

ART. 742. Donations made to conceived and unborn children may be accepted by
those persons who would legally represent them if they were already born.
For purposes of inheritance and succession, Article 1025 of the Civil Code also
provides that “a child already conceived at the time of the death of the decedent
is capable of succeeding, provided that it be born later under the conditions
prescribed in Article 41.”

What Determines Personality

The existence of personality on the part of natural persons depends on whether he is

born with the requisites required by law. According to the Civil Code, it is birth that gives
personality in the case of human beings and unless a being is born, he is not
considered a person. However, for civil purposes which are favorable to it, the foetus
although not born but already conceived may be considered a person if he is born
subsequently with the requisites required by law. (Rabuya, 2021)

Albano (pg. 243) explains that personality does not begin at birth. Instead, it begins at
conception. This personality at conception is called presumptive personality. It is, of
course, essential that birth should occur later; otherwise, the fetus will be considered as
never having possessed legal personality. From, of course, another viewpoint, we may
say that personality (actual personality) really commences at birth, for conception may
in certain cases, be already considered birth.

Provisional Personality of Conceived Child

A conceived child, although as yet unborn, is given by law provisional personality of its
own for all purposes favorable to it, as explicitly provided in Article 40 of the Civil Code
of the Philippines. The law considers the conceived child as born for all civil purposes
favourable to it, if it is later born alive. Its personality, therefore, has two characteristics:

(1) It only applies to civil purposes favorable to the conceived child.

(2) Its existence depends on the child being born alive. If not born alive, the provisional
personality disappears.

However, the stipulation that the conceived child must be “born later under the
conditions outlined in Article 41” is not a prerequisite for the rights of the conceived
child. If it were, the initial part of Article 40 would lose its significance and become
entirely ineffective.

Rights of A Conceived Child

Since a conceived child has a provisional personality even while inside the mother’s
womb, it is entitled to the following rights:

(1) Entitled to support from progenitors, even while in the womb (en ventre de sa mère)

(2) Can receive donations as prescribed by law (Article 742).

(3) Cannot be ignored in a parent’s will; otherwise, it may result in the preterition of a
forced heir, nullifying the institution of the testamentary heir.

When is a person considered born?

Art. 40. Birth determines personality; but the conceived child shall 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)

Art. 41. For civil purposes, the foetus is considered born if it is alive at the time it
is completely delivered from the mother’s womb. However, if the foetus had an
intra-uterine life of less than seven months, it is not deemed born if it dies within
twenty-four hours after its complete delivery from the maternal womb. (30a)

When is a Person Deemed “Born”

For civil purposes, the foetus is considered born if it is alive at the time, it is completely
delivered from the mother’s womb. Complete delivery means the cutting of the umbilical
cord so that if after the cutting of the umbilical cord the child is alive, even only for a few
hours, it is considered a person. This rule applies only if the foetus had an intrauterine
life of at least seven months. If the foetus had an intra-uterine life of less than seven
months, it is not deemed born if it dies within twenty-four hours after its complete
delivery from the maternal womb. Exceptionally, however, a conceived child which is
still inside the mother’s womb is deemed “born,” hence, considered a person, but
subject to the following conditions. (Rabuya, 2021)

(1) it is deemed born only for purposes that are favorable to it; and

(2) it must be born later under the conditions specified in Article 41 of the Civil Code.

Principles:
1. For personality to be acquired one must be born
2. Once birth occurs, personality for favorable purposes retroacts to the moment of
conception

To be born means to be alive after the fetus is completely separated from the
mother’s womb by cutting off the umbilical cord.

General Rule: To be born, it is enough that the fetus is alive when the umbilical
cord is cut.

Exception: If the intra-uterine life is less than 7 months, it must live for at least 24
hours, before it is considered born (There is no distinction as to how the child dies –
whether natural, accidental, etc.)

A conceived child still in the mother’s womb is exceptionally deemed "born" under the
following conditions:

It is deemed born only for purposes that are favorable to it – The child is considered a
person only in situations that benefit them.

The child must be born alive for the presumption of personhood to fully apply, as
specified in Article 41 of the Civil Code.

BIRTH CERTIFICATE. The birth certificate is the best evidence of the fact of birth. Once
it is registered with the office of the local civil registrar, it becomes a public document.
However, the entries therein are only prima facie evidence of the facts contained therein
(Article 410 of the Civil Code). They can be rebutted by competent evidence. Section 4
of the Civil Registry Law Act No.3753 pertinently provides:

When is civil personality extinguished?

Art. 42. Civil personality is extinguished by death. The effect of death upon the
rights and obligations of the deceased is determined by law, by contract and by
will. (32a)

Extinction of Civil Personality

Civil personality of a natural person is extinguished by death. As earlier stated, juridical

capacity (Article 37) or civil personality is not limited. It is acquired through birth and is
only extinguished by death. In certain cases, however, the personality of a person may
be extended even beyond his death and in this case his estate is considered an
extension of his personality. In this jurisdiction, the estate of a deceased person is also
considered as having legal personality independent of the heirs. (Rabuya, 2021)
CONTRACT, WILL AND THE LAW. The rights and obligations

The rights and obligations of a deceased individual can still be managed through
contracts, wills, or legal provisions. Consequently, creditors have the right to claim any
debts owed to them from the deceased's estate before the estate is distributed to the
heirs. Additionally, a testator can explicitly disinherit any heirs by citing valid legal
grounds in their will, allowing them to control the distribution of their assets even after
death. Furthermore, anyone who shows disrespect to the deceased or unlawfully
disrupts a funeral may be held liable to the family of the deceased for both material and
moral damages. (Article 309 of the Civil Code). (Sta. Maria, 2022)

Presumption of Survivorship. Relevance of knowing who died first.

Art. 43. If there is a doubt, as between two or more persons who are called to
succeed each other, as to which of them died first, whoever alleges the death of
one prior to the other, shall prove the same; in the absence of proof, it is
presumed that they died at the same time and there shall be no transmission of
rights from one to the other. (33)

PROOF OF DEATH. Article 43 specifically applies only to persons who are called to
succeed each other. The proof of death must be established by positive evidence.
However, it can likewise be established by circumstantial evidence derived from facts. If
ever an inference is to be made, it must be derived from an existing fact. Proof of death
can never be established from mere inference arising from another inference or from
presumptions and assumptions. (Sta. Maria, 2021)

Rule on Survivorship

Article 43 applies only when the question of survivorship involves persons “who are
called upon to succeed each other” and is not applicable where there is no question of
succession. For example, father and son died on the same day, but the exact hours of
their death cannot be determined, it is presumed that they died at the same time and
there shall be no transmission of rights from one to the other.

Application of Rule on Survivorship Under the Rules Of Court

If the question of survivorship involves persons who are not called upon to succeed
each other, it is the rule on survivorship under the Rules of Court that shall govern and
not Article 43 of the Civil Code. Thus, when two persons perish in the same calamity,
such as wreck, battle or conflagration, and it is not shown who died first, and there are
no circumstances from which it can be inferred, the survivorship is determined from the
probabilities resulting from the strength and age of the sexes, according to the following
rules:

(1) If both were under the age of 15 years, the older is deemed to have survived.

(2) If both were above the age of 60, the younger is deemed to have survived.

(3) If one is under 15 and the other above 60, the former is deemed to have survived.

(4) If both be over 15 and under 60, and the sex be different, the male is deemed to
have survived; if the sex be the same, the older; and

(5) If one be under 15 or over 60, and the other between those ages, the latter is
deemed to have survived.

Chapter 3. Juridical Persons

1. Juridical Persons. Classification of Juridical Persons. (Article 44, New Civil
Code)
Juridical Person, Concept.
A juridical person is a being of legal existence, susceptible of rights and
obligations, or of being subject of juridical relations. It is an abstract being formed for the
realization of collective purposes, to which the law has granted capacity for rights and
obligations.

Classification of Juridical Persons:

1. The state and its political subdivisions
2. Other corporations, institutions, and entities for public interest or purpose,
created by law; their personality beings as soon as they have been constituted
according to law;
 3. Corporations, partnerships, and associations for private interest or purpose to
which the law grants a juridical personality, separate and distinct from that of
each shareholder, partner or member

2. Creation of Juridical Persons. (Article 45, New Civil Code)

How do Juridical Persons come into existence?
1. State - elements
a. Population
b. Territory
c. Government
d. Sovereignty
2. Juridical persons for public purposes - laws
3. Juridical persons for private purposes - in accordance with the law governing
their creation
a. Private Corporation - issuance of the certificate of registration by
Securities and Exchanges Commission
b. Partnership - execution upon the Articles of Partnership

Corporation
An artificial being created by operation of law, having the right of succession and
the powers, attributes, and properties expressly authorized by law or incident to its
existence
Classes of Corporation
1. In relation to the state
a. Public corporations
b. Private corporations
2. As to number of people composing them
a. Aggregate corporation
b. Sole corporation
3. As to their purpose
a. Spiritual, religious and lay
b. Public and private
4. As to their legal existence or status
a. De jure
b. De facto
c. Corporations by estoppel
d. Corporations by prescription
5. As to place of incorporation
a. Domestic corporation
b. Foreign corporation
6. As to ownership of capital stock
 a. Stock corporations
b. Non-stock corporations

Partnership
Two or more persons enter into a contract binding themselves to contribute
money, property or industry, to a common fund, with the intention of dividing the profits
among themselves. The partnership has a juridical personality separate and distinct
from each of the partners.

3. Rights of Juridical Persons (Article 46, New Civil Code)

a) Acquire and possess property
- Juridical Persons can own and possess property, dispose of such property, enter
into contracts, and inherit by will
b) Incur obligations
- Juridical Persons can incur obligations, and may be liable for the acts of its
managers and employees for contractual as well as extra-contractual fault or
negligence
c) Bring civil or criminal actions

Capacity of Juridical Persons

The juridical person is not completely at par with natural persons as to capacity,
because it cannot exercise rights which presuppose physical existence, such as family
rights, making of wills, etc. However, like natural persons, it can have a nationality, a
domicile, a name, a right to reputation, and the capacity for relations which do not
require ties of blood, such as guardianship.

Extinguishment of Capacity
The juridical capacity of artificial persons is extinguished upon the termination of
its existence in accordance with the law governing it or with its articles of association or
incorporation.

Title II. Citizenship and Domicile

1. Citizens of the Philippines under the 1987 Constitution

The following are citizens of the Philippines under the 1987 Constitution:
(a) Those who are citizens of the Philippines at the time
of the adoption of this Constitution;
(b) Those whose fathers or mothers are citizens of the
 Philippines;
(c) Those born before Jan. 17, 1973, of Filipino mothers,
who elect Philippine citizenship upon reaching the
age of majority; and
(d) Those who are naturalized in accordance with law.

2. Domicile Distinguished from Citizenship

Domicile speaks of one’s permanent place of abode, in general; on the other

hand, citizenship and nationality indicate ties of allegiance and loyalty. A person may be
a citizen or national of one state, without being a domiciliary thereof; conversely, one
may possess his domicile in one state without necessarily being a citizen, or national
thereof.

For the exercise of civil rights and the fulfillment of civil obligations, the domicile
of natural persons is the place of their habitual residence.

Elements of Domicile:
1. Physical presence in a fixed place; and
2. Intention to remain permanently in said place (animus manendi).

IV. The Family Code of the Philippines

Provisions of the 1987 Constitution on the Family

1. Art. II, Sec. 12

Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. It shall equally protect the life of the 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 efficiency and the development of moral character shall receive the
support of the Government.

2. Art. X, Sec. 18, 20.

Section 18. The Congress shall enact an organic act for each autonomous region with the
assistance and participation of the regional consultative commission composed of
representatives appointed by the President from a list of nominees from multi-sectoral bodies.
The organic act shall define the basic structure of government for the region consisting of the
executive department and legislative assembly, both of which shall be elective and
representative of the constituent political units. The organic acts shall likewise provide for
special courts with personal, family, and property law jurisdiction consistent with the provisions
of this Constitution and national laws.
The creation of the autonomous region shall be effective when approved by majority of the
votes cast by the constituent units in a plebiscite called for the purpose, provided that only
provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in
the autonomous region.
Section 20. Within its territorial jurisdiction and subject to the provisions of this Constitution and
national laws, the organic act of autonomous regions shall provide for legislative powers over:
● Administrative organization;
● Creation of sources of revenues;
● Ancestral domain and natural resources;
● Personal, family, and property relations;
● Regional urban and rural planning development;
● Economic, social, and tourism development;
● Educational policies;
● Preservation and development of the cultural heritage; and
● Such other matters as may be authorized by law for the promotion of the general welfare
of the people of the region.

3. Art. XIII, Sec. 14.

Section 14. The State shall protect working women by providing safe and healthful working
conditions, taking into account their maternal functions, and such facilities and opportunities that
will enhance their welfare and enable them to realize their full potential in the service of the
nation.

4. Art. XV
ARTICLE XV
THE FAMILY
Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly,
it shall strengthen its solidarity and actively promote its total development.
Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall
be protected by the State.
Section 3. The State shall defend:
● The right of spouses to found a family in accordance with their religious convictions and
the demands of responsible parenthood;
● The right of children to assistance, including proper care and nutrition, and special
protection from all forms of neglect, abuse, cruelty, exploitation and other conditions
prejudicial to their development;
● The right of the family to a family living wage and income; and
● The right of families or family associations to participate in the planning and
implementation of policies and programs that affect them.
Section 4. The family has the duty to care for its elderly members but the State may also do so
through just programs of social security.

Title I. Marriage
1. Requisites of Marriage
1) Nature of Marriage
○ Marriage is not just a mere contract, but a social institution in which the State is
vitally interested.
■ It is a status or personal relation founded on contract and established by
law under which certain rights and duties incident to the relationship come
into being, irrespective of the wishes of the parties.
■ A social institution regulated and controlled by the State
○ Marriage is a contract sui generis (of its own kind)
■ It is a contract of peculiar character and subject to peculiar principles,
being usually accorded more dignity than ordinary contracts, and the
rules applicable to ordinary contracts are not ordinarily applicable to
marriage contracts because of the nature of marriage relations and for
reasons of public policy. Its distinction from an ordinary contract are:
1. It cannot be revoked, dissolved or otherwise terminated by the
parties, but only by the sovereign power of the state. It is a
permanent union between a man and a woman
2. The nature, consequences and incidents of marriage are
governed by law and not subject to agreement
3. Only two persons of opposite sex may enter into a contract of
marriage, and but one such contract may exist at the same time.
4. Marriage is not just a contract; it is likewise a social institution.
○ The law declares that the nature, consequences and incidents of marriage are to
be governed by law and cannot be subject to stipulations
XPN: the marriage settlements may fix the property relations of
the spouses during the marriage

2) Essential Requisites of Marriage

○ Art. 2. No marriage shall be valid, unless these essential requisites are
present: (1) Legal capacity of the contracting parties who must be a male
and a female; and (2) Consent freely given in the presence of the
solemnizing officer.
■ Legal Capacity - “any male or female of the age of eighteen years or
upwards not under any of the impediments mentioned in Articles 37 and
38, may contract marriage” (Article 5, FC)
1. Components:
○ (1) age requirement;
■ at least eighteen (18) years of age
■ Qualified by Art. 14–imposes a further requirement
of obtaining “parental consent” if he/she is below 21
■ Not on the date of filing of the application for
issuance of a marriage license, but on the date of
the marriage.
○ (2) sex of the parties;
 ■ It is indispensable that they must be of opposite
sex. (Art. 1–”Man&Woman”; Art. 5–”Male/Female”)
○ (3) absence of legal impediments mentioned in Articles 37
and 38 of the Family Code.
■ Articles 37 and 38
1. Between ascendants and descendants of
any degree, whether the relationship
between the parties be legitimate or
illegitimate;
2. Between brothers and sisters, whether of
the full or half blood, and whether the
relationship between the parties be
legitimate or illegitimate
3. Between collateral blood relatives, whether
legitimate or illegitimate, up to the fourth
civil degree;
4. Between step-parents and step-children
5. Between parents-in-law and children-in-law
6. Between the adopting parent and the
adopted child;
7. Between the surviving spouse of the
adopting parent and the adopted child
8. Between the surviving spouse of the
adopted child and the adopter
9. Between an adopted child and a legitimate
child of the adopter
10. Between adopted children of the same
adopter
11. Between parties where one, with the
intention to marry the other, killed that other
person’s spouse, or his or her own spouse.
■ Consent - an essential requisite of a valid marriage
1. Must be mutual
2. There must be physical assent to the contract
○ There is only one way of manifesting consent to the
contract of marriage, i.e., the contracting parties must
“appear personally before the solemnizing officer and
declare in the presence of not less than two witnesses of
legal age that they take each other as husband and wife.”
3. Must be given freely, voluntarily and intelligently.
4. Intent or Motive - the law will not look behind the appearance of
consent which was clearly manifested to determine its reality.

3) Legal capacity, meaning.

 - For purposes of contracting marriage, the term *legal capacity" has a technical
meaning, Under Article 5 of the Family Code, "any male or female of the age of
eighteen years or upwards not under any of the impediments mentioned in Articles
37 and 38, may contract marriage. Thus, under the Code, legal capacity for
purposes of contracting marriage has three components: (1) age requirement; (2)
sex of the parties; (3) and absence of legal impediments mentioned in Articles 37
and 38 of the Family Code. Under Article 5 of the Family Code, both the contracting
parties must be at least 18 years of age, otherwise, he or she is not legally
capacitated to contract marriage. A marriage contracted by any party below 18 years
of age is void from the beginning, even if such marriage is with the consent of the
parents or guardians of the minor.' The age requirement in Article 5 is, however,
qualified by Article 14 of the Family Code. While a person at least 18 years of age is
legally capacitated to contract marriage, Article 14 imposes a further requirement of
obtaining "parental consent" if he or she is "below 21." In the absence of such
parental consent, the marriage is considered voidable and may be annulled under
Article 45(1) of the Family Code.

When is the minimum age for marriage required? Is it on the date of filing of
the application for issuance of the marriage license or on the date of the
marriage?

The attainment of the required minimum age for marriage should be reckoned, not
on the date of filing of the application for issuance of a marriage license, but on the
date of the marriage."9 It bears emphasis that Article 5 of the Family Code
categorically states that "[a]ny male or female of the age of eighteen years or
upwards x x x may contract marriage." Pursuant to Article 6 of the same Code,
parties contract marriage on the date of the solemnization of the marriage, i.e., when
they appear personally before the solemnizing officer and declare in the presence of
not less than two witnesses of legal age that they take each other as husband and
wife. The language of these provisions is clear and need no interpretation." Before
the contracting parties can be considered legally capacitated to contract marriage, it
is indispensable that they must be of the opposite sex. Note that Article 5 of the
Code uses the phrase "any male or female." In addition, the very definition of
marriage in Article 1 of the Family Code says that it is a "special contract of
permanent union between a man and a woman.

4) Formal Requisites of Marriage

- Article 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer. (2) A valid marriage license except in the
cases provided for in Chapter 2 of this Title; and (3) A marriage ceremony which
takes place with the appearance of the contracting parties before the solemnizing
officer and their personal declaration that they take each other as husband and
wife in the presence of not less than two witnesses of legal age.
 Article 6. No prescribed form or religious rite for the solemnization of the
marriage is required. It shall be necessary, however, for the contracting parties to
appear personally before the solemnizing officer and declare in the presence of
not less than two witnesses of legal age that they take each other as husband
and wife. This declaration shall be contained in the marriage certificate which
shall be signed by the contracting parties and their witnesses and attested by the
solemnizing officer. 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
one of the witnesses to the marriage to write the name of said party, which fact
shall be attested by the solemnizing officer. The authority of the solemnizing
officer is one of the formal requisites of marriage. If the solemnizing officer is not
authorized under the law to celebrate marriage, the same is ordinarily considered
void ab initio. However, if either or both parties believed in good faith that the
solemnizer had the legal authority to do so, then the marriage shall remain valid
despite the solemnizer’s lack of authority. This is an exception to the rule that the
“absence of any of the essential or formal requisites shall render the marriage
void ab initio (Rabuya, 2021).”

Under existing laws, only the following persons are authorized to

solemnize marriages:
1. Incumbent members of the judiciary within the court’s jurisdiction;
2. Priest, rabbi, imam or minister of any church or religious sect duly authorized
by his church or religious sect;
3. Ship captain or airplane chief, in cases of articulo mortis;
4. Military commanders of a unit, in cases of articulo mortis;
5. Consul-general, consul or vice-consul, in limited cases.
6. Mayors (Rabuya, 2021).

A valid marriage license is another formal requisite of marriage under Article 3(2)
of the Family Code, the absence of which renders the marriage void ab initio
pursuant to Article 35(3) in relation to Article 4 of the Family Code (Rabuya, 2021).

A marriage license is required in order to notify the public that two persons are about to
be united in matrimony and that anyone who is aware or has knowledge of any
impediment to the union of the two shall make it known to the local civil registrar
(Rabuya, 2021). The requirement and issuance of a marriage license is the State’s
demonstration of its involvement and participation in every marriage.

However, there are instances recognized by the Family Code wherein a marriage
license is dispensed with, to wit:
1. In case either or both of the contracting parties are at the point of death;
2. If the residence of either party is so located that there is no means of transportation to
enable such party to appear personally before the local civil registrar;
3. Marriages among Muslims or among members of the ethnic communities, provided
these are solemnized in accordance with their customs, rites or practices;
4. Ratification of marital cohabitation between a man and a woman who have lived
together as husband and wife for at least five years and without any legal impediment to
marry each other (Rabuya, 2021).

The solemnization of a marriage is a prerequisite to its validity because in this

jurisdiction informal or common-law marriages are not recognized. Solemnization of a
marriage comprehends a personal appearance together by the contracting parties
before one authorized by law to solemnize marriages, and that the ceremony be
entered into and performed by the parties together with a person authorized to perform
such in the presence of at least two witnesses (Rabuya, 2021).

Article 6 of the Family Code requires the contracting parties to declare that they take
each other as husband and wife “in the presence of at least two witnesses of legal age.”
The requirement of at least two witnesses of legal age is, however, merely directory so
that a failure to comply therewith does not invalidate the marriage (Rabuya, 2021).

5) Effect of absence of an essential or formal requisite. Exception.

Article 4, par. (1) of the Family Code of the Philippines provides that the absence of any
essential or formal requisites of marriage shall render the marriage void from the
beginning (void ab initio).

However, such absence of an essential or formal requisite does not automatically

invalidate the marriage. A judicial declaration of nullity must be secured prior to legally
contracting a new marriage or for other reasons.

Article 32, par. 2, provides an exemption to this general rule concerning nullity. If the
marriage was solemnized by a person not authorized to perform marriages, and that if
either or both parties believed in good faith that said officer had authority, then marriage
remains.

A marriage is deemed to be void from the beginning either:

(a) if the contracting parties, a male and a female, do not have legal capacity to marry
each other
(b) if consent of both parties were not voluntary given in the presence of the solemnizing
officer.

(c) if the marriage was celebrated without a valid marriage license.

(d) if a marriage ceremony, where parties declare that they take each other as husband
and wife in front of a solemnizing officer, is absent

(e) if the solemnizing officer is not authorized by law to perform marriage.

6) Effect of defect in essential requisites. Irregularity in the formal requisites.

If there are defects in the essential requisites, the marriage is not void from the
beginning but merely voidable.

If there are irregularities in the formal requisites, the marriage sustains its effects.
However, the parties responsible for such irregularity shall be civilly, criminally, and
administratively liable.

7) Marriageable age.

Marriageable Age

● Article 5 of the Family Code of the Philippines provides that any male or female of the
age of eighteen (18) years or upwards not under any impediments mentioned in
Article 37 and 38 (of the Civil Code), may contract marriage.
○ Minimum Age Requirement: 18 years of age
○ Void Marriage: Any party less than 18 years of age, even if there is consent
from the parents or guardians of the minor
○ Qualification of Article 14 of the Civil Code: While a person at least 18 years of
age is legally capacitated to marry, if such person is below 21 years old, then
he or she must still obtain “parental consent,” otherwise the marriage is
considered voidable and may be annulled pursuant to Article 45, Paragraph 1
of the Civil Code
● According to D.O.J. Opinion Number 146, Series 1991, the minimum age for marriage is
reckoned not on the date of filing of application for issuance of a marriage license,
but on the date of the marriage.
8) Necessity of a Ceremony or Celebration. Marriage by proxy.38

Necessity of a Ceremony or Celebration. Marriage by Proxy.

A. Necessity of a Ceremony or Celebration

● Aside from the authority of a solemnizing officer and a valid marriage license,
another formal requisite of marriage is the marriage ceremony (Rabuya, 2021).
● Article 3, Paragraph 3 of the Family Code of the Philippines provides that the
appearance of the contracting parties before the solemnizing officer and
their declaration to be each other’s husband and wife in the presence of
not less than two witnesses of legal age makes the marriage valid in the
Philippines.
○ Non-recognized Marriages in the Philippines:
■ Common-Law Marriage - “consensual marriage” or “marriage in
fact”; the agreement between the parties involved is not in the
presence of witnesses or those authorized to perform marriage
ceremonies.
■ Marriage by Proxy

B. Marriage by Proxy
● Definition: It is a marriage celebrated in the absence of one of the contracting
parties who is represented at the ceremony by a proxy (Merriam-Webster
Dictionary, n.d.)
● Article 6 of the Family Code provides that personal appearance of the bride and
the groom at the marriage ceremony is essential to a valid marriage
○ Both need to appear before the solemnizing officer and declare in the
presence of not less than two witnesses of legal age that they take each
other as husband and wife
○ Per Article 4 of the Family Code, failure to comply would render the
marriage void ab initio

Who may solemnize marriage?

● Under existing laws, the following persons are authorized to solemnize

marriages:
○ Incumbent members of the judiciary within the court’s jurisdiction
○ Priest, rabbi, imam o minister of any church or religious sect duly
authorized by his church or religious sect
○ Ship captain or airplane chief, in cases of articulo mortis
■ The marriage must be in articulo mortis
■ The marriage must be between passengers and/or crew members
○ Military Commanders
 ■ He must be a commissioned officer, or an officer in the armed
forces holding rank by virtue of a commission from the President
■ The assigned chaplain to his unit must be absent
■ The marriage must be in articulo mortis
■ The marriage must be solemnized within the cone of military
operations
● The contracting parties may either be members of the armed
forces or civilians.
○ Consul-General, Consul, and Vice Consul
○ Mayors

**Note: MARRIAGE IN ARTICULO MORTIS: 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 one
of the witnesses to the marriage to write the name of said party, which fact shall be attested by
the solemnizing officer.

10) Issuance of marriage license.

Issuance of Marriage License

● Article 9 of the Family Code of the Philippines provides that a marriage license shall be
issued by the local civil registrar of the city or municipality where either the
contracting party habitually resides, except in marriages where no license is required
● Per Article 10 of the Family Code, if the marriage between Filipino citizens is celebrated
abroad, the marriage license may be issued by the (CG-C-VC) of the Republic of the
Philippines:
○ Consul-General
○ Consul
○ Vice-Consul
● If the license is obtained elsewhere and not in the local civil registry of the city or
municipality where the contracting party habitually resides, the validity of the marriage
is not affected since this is a mere irregularity in the issuance of such marriage
license (Rabuya, 2021).

11) Parental Consent, when needed

Parental consent, when needed
● In case either or both of the contracting parties are between the ages of 18 and
21, they shall exhibit to the local registrar the consent to their marriage of their:
○ Father, mother, surviving parent or guardian OR persons having legal
charge of them, in the order mentioned.
● Such consent must be manifested in writing by the interested party, who
personally appears before the property local civil registrar, or in the form of an
 affidavit made in the presence of two witnesses and attested before any official
authorized by law to administer oaths.
● The personal manifestation shall be recorded in both applications for marriage
license, and the affidavit, if one is executed, shall be attached to such
applications.
● Note:
○ If the marriage license is issued notwithstanding the absence of such
written parental consent, the same shall not affect the validity of the
license so issued.
○ That the absence of such parental consent is a ground to annul the
marriage.

Parental advice, when needed

● Any contracting party between the age of 21 and 25 shall be obliged to ask their
parents or guardian for advice upon the intended marriage.
○ If they do not obtain such advice, or it if be unfavorable, the marriage
license shall not be issued till after three months following the completion
of the publication of application therefor.
● A sworn statement by the contracting parties to the effect that such advice has
been sought, together with the written advice 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 be stated
in the sworn statement.
● Note:
○ If a marriage license is issued notwithstanding the absence of such
parental advice or prior to the three-month suspension, the same shall be
considered as mere irregularity in the issuance of the license and shall
not affect the validity of the marriage.

13) Notice of Marriage License application. 10 Day Publication Rule.42

14) Cost of the issuance of Marriage License.43

15) Validity of Marriage License.44

16) Certificate of Legal Capacity for Foreigners.45
17) Contents of the Marriage Certificate.46
18) Proof of Marriage.
19) Marriages celebrated abroad.47
20) Foreign Divorce Obtained by a Foreigner. 48 Old rule v. New Rule.
 Cases:
● Republic v. Obrecido III, G.R. No. 154380 October 5, 2005.
● Dacasin vs. Dacasin, G.R. No. 168785, February 5, 2010.
● Fujiki v. Marinay, G.R. No. 196049, June 26, 2013.
● Medina v. Koike, G.R. No. 215723, July 27, 2016.
● Republic v. Manalo, G.R. No. 221029, April 24, 2018.
● Juego-Sakai v. Republic, G.R. No. 224015, July 23, 2018.
● Arreza v. Toyo, G.R. No. 213198, July 1, 2019.

2. Marriages Exempt from License Requirement

Void and Voidable Marriages

A void marriage under Article 35, is different from a voidable or annullable

marriage, under Article 45 of the Family Code.

Void Marriages Voidable Marriages

It can be challenged even after one It can only be questioned during the lives
party has died. of both parties.

Actions to nullify are not subject to time Nullifying marriages are subject to time
limits for void marriages. limits.

Anyone with a legitimate interest can Only the parties involved (or their legal
challenge a void marriage. representatives) can contest a voidable
marriage.

It can be attacked directly and It cannot be assailed collaterally (without

collaterally. judicial declaration) except in a direct
proceeding.
Doesn’t need to be declared by court Can only be declared valid until
since it is considered as having never otherwise declared by the court
taken place and cannot be the source of
rights.
Void Marriages.

A void marriage is that which is not valid from its inception. Only marriages
declared void by the legislature should be treated as such. There can be no other
void marriages outside of those specifically provided by law. Void marriages can
never be ratified or cured by any act of any of the contracting parties.

There is no need to produce a judicial declaration of nullity to prove that the

marriage is void. In short, it is not mandatory. Evidence other than a judicial
decision declaring the said marriage void can be presented to show the nullity of
the marriage

Article 35 provides grounds for void marriages from the beginning:

1) Those contracted by any party below eighteen years of age even with the
consent of par- ents or guardians;

2) Those solemnized by any person not legally authorized to perform marriages

unless such marriages were contracted with either or both par- ties believing in
good faith that the solemnizing officer had the legal authority to do so;

3) Those solemnized without a license, except those covered by the preceding

Chapter;

4) Those bigamous or polygamous marriages not falling under Article 41;

5) Those contracted through mistake of one contracting party as to the identity of

the other; and

6) Those subsequent marriages that are void under Article 53.

Voidable Marriages: Grounds.

After one party's death, voidable marriages are treated as valid, affecting the rights of
their children. A marriage may be annulled for any of the following causes, existing at
the time of the marriage:
 (1) That the party in whose behalf it is sought to have the marriage annulled was
eighteen years of age or over but below twenty-one, and the marriage was
solemnized without the consent of the parents, guardian or person having
substitute parental authority over the party, in that order, unless after attaining
the age of twenty-one, such party freely cohabited with the other and both lived
together as husband and wife;

(2) That either party was of unsound mind, unless such party after coming to
reason, freely cohabited with the other as husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party
afterwards, with full knowledge of the facts constituting the fraud, freely cohabited
with the other as husband and wife;

(4) That the consent of either party was obtained by force, intimidation or undue
influence, unless the same having disappeared or ceased, such party thereafter
freely cohabited with the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with
the other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to
be serious and appears to be incurable.

3. Marriage Contracted During the Subsistence of a Previous Marriage, When Valid

Art. 41. A marriage contracted by any person during subsistence of a previous

marriage shall be null and void, unless before the celebration of the subsequent
marriage, the prior spouse had been absent for four consecutive years and the
spouse present has a well-founded belief that the absent spouse was already
dead. In case of disappearance where there is danger of death under the
circumstances set forth in the provisions of Article 391 of the Civil Code, an
absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding
paragraph the spouse present must institute a summary proceeding as provided
in this Code for the declaration of presumptive death of the absentee, without
prejudice to the effect of reappearance of the absent spouse.
GENERAL RULE:
● Any marriage contracted by any person during the subsistence of a previous
marriage shall be null and void;
● Any person who shall contract a second or subsequent marriage before the
former marriage has been legally dissolved, or before the absent spouse has
been declared presumptively dead by means of a judgment rendered in the
proper proceedings is guilty of the crime of bigamy.

EXCEPTION: A subsequent marriage contracted during the subsistence of a prior

marriage may exceptionally be considered valid if the following conditions concur:
(A4/2DJ)
● The prior spouse of the contracting party must have been absent for four
consecutive years, or two years where there is danger of death under the
circumstances states in Article 391 of the Civil Code at the time of the
disappearance
● The spouse present has a well-founded belief that the absent spouse is already
dead; and
● There is a judicial declaration of presumptive death of the absentee for which
purpose the spouse present can institute a summary proceeding in court to ask
for that declaration

4. Effect of Reappearance, Termination of Subsequent Marriage.

The marriage mentioned in Article 41 will be automatically terminated upon the filing of
an affidavit confirming the absent spouse's return, unless there is a court ruling that
annuls the previous marriage or declares it void ab initio. A sworn statement detailing
the circumstances of the reappearance must be recorded in the civil registry of the
parties' residence, initiated by any interested person, with notice given to the spouses of
the subsequent marriage. This process does not affect the possibility of judicial
determination if the fact of reappearance is contested.

5. Psychological incapacity.

Psychological Incapacity
- It is “no less that a mental (not physical) incapacity that causes a party to be truly
(cognitive) of the basic marital covenants that concomitantly must be assumed
and discharged by the parties to the marriage which include their mutual
obligations to live together, observe love, respect, fidelity, and to render help and
support.

Instances where allegations of psychological incapacity were not sustained:

 a. Mere showing of irreconcilable differences and conflicting personalities.
b. It must be shown that these acts are manifestations of a disordered personality
which would make respondent completely unable to discharge the essential
obligations of a marital state, not merely youth, immaturity or sexual promiscuity.
c. Disagreements regarding money matters.
d. Mere abandonment. To constitute psychological incapacity, it must be shown that
the unfaithfulness and abandonment are manifestations of a disordered
personality that completely prevented the erring spouse from discharging the
essential marital obligations.
e. Sexual infidelity.
f. Living an adulterous life when specific evidence was shown that promiscuity as a
trait already existed at the inception of marriage.

Requisites of Psychological Incapacity

1. Juridical antecedence - must be rooted in the history of the party antedating the
marriage, although overt manifestations may arise only after such marriage.
2. Gravity - must be shown to be a serious or dangerous illness. It cannot be mere
refusal, neglect, or difficulty, much less ill will. It must be caused by a genuinely
serious psychic cause.
3. Permanence or Incurability - not in the medical, but in the legal sense. This
means that the incapacity is so enduring and persistent with respect to a specific
partner, and contemplates a situation where the couple’s respective personality
structures are so incompatible and antagonistic that the only result of the union
would be an inevitable and irreparable breakdown of marriage.

Proof of Psychological Incapacity

The root cause of psychological incapacity must be under the ff:
a. Medically or clinically identified
b. Alleged in the complaint
c. Sufficiently proven by experts
d. Clearly explained in the decision

Noted: Expert evidence may be given by qualified psychiatrists and clinical

psychologists.

6. Distinctions Between Annulment and Legal Separation

Annulment Legal Separation

The marriage was defective at the very There was no defect in the marriage at the
beginning. beginning.

The cause for annulment must be already The cause for legal separation arises after
existing at the time of the marriage. the marriage celebration.

There are seven grounds for annulment.

There are ten grounds for legal separation.

Annulment dissolves the marriage bond; the

The marriage remains.
parties are free to marry again.

From said angle, the grounds are those

given by the NATIONAL LAW,
From the angle of Private International Law,
not the lex loci celebrationis for in legal
the grounds are generally those given in the
separation, the very validity of the marriage
lex loci celebrationis (by implication from Art.
itself is NOT questioned, unlike in the case
71 of the Civil Code).
of annulment. (See Art. 15 of the Civil
Code).

7. Action for Annulment: Prescriptive Periods

Persons Who May Sue for Annulment of the Marriage,

and Prescriptive Periods

Persons Period

Non-age

before party becomes 21 - his or

her parent
within 5 years after reaching 21
after party becomes 21 - the party
herself or himself

Unsoundness of Mind

the spouse (who did NOT know of

the other’s insanity) OR the at any time before the death of either party
relatives or guardians of the insane.

Fraud

the injured party within 5 years after the discovery of the fraud

Force or Intimidation or undue influence

the injured party within 5 years from the time the force or
 intimidation or undue influence ceased

Impotence

the injured party within 5 years after the celebration of the marriage

Sexually transmissible disease

the injured party within 5 years after the celebration of the marriage

8. Prohibition Against Stipulation of Facts or Confession of Judgment

A decree of legal separation cannot be issued solely based on a stipulation of facts or a

confession of judgment. The grounds for legal separation must be proved. Neither
confession of judgment nor summary judgment is allowed. In any case, the court shall
order the prosecuting attorney or fiscal to take steps to prevent collusion between the
parties and to take care that the evidence is not fabricated or suppressed.

What the law prohibits is a judgment based exclusively or mainly on defendant’s

confession.
The law does not, however, exclude, as evidence, any admission or confession made
by the respondent in a legal separation case outside of the court.

9. Support During the Pendency of the Action

Pendency of Action

During the pendency of the action for annulment, declaration of absolute nullity of
marriage, or legal separation, the Court shall, in the absence of adequate written
agreement between the spouses, provide for the following:

1. Support of the spouses;

2. Support and custody of the common
children; and
3. Visitation rights of the other parent. (Art.
49, Family Code)

10. Effect of Declaration of Nullity Under Art. 40 and 45

Effects of Judicial Declaration of Nullity of Marriage

1. On the Status of the Children

As a General Rule: Children conceived and born outside a valid marriage or inside a
void marriage are illegitimate.

Exceptions:

a. Legitimate if the marriage is void on the ground of:

i. psychological incapacity of either or both parties; or

ii. Due to non-compliance with the requirements set forth under Art. 52
of the Family Code.

b. Legitimate if the children were conceived or born before the judgment of annulment
or absolute nullity of the marriage under Art. 36 has become final and executory. (Art.
54, first sentence), Family Code)

c. Legitimate if the children were conceived or born of the subsequent marriage under
Art. 53. (Art. 54, Family Code)

2. Property Relations

As a General Rule: Either Article 147 or 148 (Co-ownership) of the Family Code will
apply. Art. 147 applies if the parties do not suffer any legal impediment or they are
legally capacitated to enter marriage but void.

All properties acquired are made through the joint efforts and industry of parties, thus,
properties, wages, or income are divided equally among them.

Article 148 applies if the parties suffer legal impediment (i.e., due to age or relationship
pursuant to Arts. 37 and 38 of the FC). Here, the properties, wages, or income acquired
during marriage are divided according to actual contributions made.

Exception: If the subsequent marriage is void for non-compliance with Art. 40 of the
Family Code, the property relations of the void subsequent marriage are governed
either by the absolute community or the conjugal partnership of gains, as the case may
be, unless the parties agree to a complete separation of property in a marriage
settlement before marriage. (Diño vs. Diño, G.R. 178044, 29 Jan. 2011)

11. Requirements for a Valid Subsequent Marriage54

Article 41 of the Family Code states that any marriage entered into by a person while
still legally married to someone else is considered null and void. However, this is not the
case if the absent spouse has been missing for four consecutive years and the
present spouse has a reasonable belief that the absent spouse is deceased. To
proceed with the subsequent marriage under these circumstances, the present spouse
must file a summary proceeding as outlined in this Code to obtain a declaration
of presumptive death for the absent spouse. This process does not affect the legal
implications should the absent spouse reappear.

12. Effect of Judgment of Annulment (Art. 45) and Absolute Nullity under Art. 36
to Children; Children of Subsequent Marriage Under Art. 53

A final judgment of annulment shall have the following effects:

1. The marital bond will be terminated as if it never existed, although its effects are not
completely erased.

2. Since the marriage is deemed valid until the annulment judgment is finalized, any
children conceived or born before this judgment are considered legitimate.

3. The absolute community property regime or the conjugal partnership property regime
will be terminated or dissolved, and the assets will be liquidated according to Articles
102 and 129 of the Family Code, respectively.

(If either spouse contracted the marriage in bad faith, his or her share of the net profits
of the community property or conjugal partnership property shall be forfeited in favor of
the common children or if there be none, the children of the guilty spouse by a previous
marriage or in default thereof, the innocent spouse.)

4. The final judgment in the annulment case must also provide for the custody and
support of the common children and the delivery of the common children’s presumptive
legitimes, unless such matters had been adjudicated in previous judicial proceedings.

5. Donations made due to marriage will remain valid unless the donee entered the
marriage in bad faith, allowing the donor to revoke the donation.

6. The innocent spouse may revoke the designation of the other spouse as a
beneficiary in any insurance policy, even if it was stated as irrevocable.

7. A spouse who married in bad faith is disqualified from inheriting from the innocent
spouse, whether by will or intestacy.
8. In the event of annulment, if the wife is at fault, she must return to her maiden name.
If she is the innocent spouse, she can either resume her maiden name or retain her
former husband’s surname unless the court rules otherwise or either spouse remarries.

9. Following the annulment, both parties are free to remarry, but must adhere to Article
52’s requirements, including recording the annulment judgment and property
distribution, or the new marriage will be void and not affect third parties.

Furthermore, children conceived or born before the annulment or declaration of

absolute nullity under Article 36, once final and executory, will be deemed
legitimate. Similarly, children conceived or born from a subsequent marriage
under Article 53 will also be considered legitimate.
NOTICE OF MARRIAGE LICENSE APPLICATION.

The local civil registrar shall prepare a notice which shall contain the full names and
residences of the applicants for a marriage license and other data given in the
application.

· 10 DAY PUBLICATION RULE

The notice shall be posted for 10 consecutive days on a bulletin board outside the
office of the local civil registrar located in a conspicuous place within the building and
accessible to the general public.

Purpose: To give notice and request to all persons having knowledge of any
impediment to the marriage to advise the local civil registrar of any of such impediment.

Note: A marriage license can be issued only after the completion of the period of
publication.

· Effect of Irregularities in the Issuance of Marriage

If a license is issued prior to the completion of the said publication, or issued in the
absence of such, such irregularities will not affect the validity of the marriage celebrated
on the basis of the license so issued.

COST OF THE ISSUANCE OF MARRIAGE LICENSE

Art. 19 of the FC provides:

“The local civil registrar shall require the payment of the fees prescribed by law or
regulations before the issuance of the marriage license. No other sum shall be collected
in the nature of a fee or tax of any kind for the issuance of said license. It shall,
however, be issued free of charge to indigent parties, that is those who have no
visible means of income or whose income is insufficient for their subsistence a fact
established by their affidavit, or by their oath before the local civil registrar.”

VALIDITY OF MARRIAGE LICENSE

· 120 Days Validity

A marriage license shall be valid in any part of the Philippines for a period of 120 Days
from the date of the issue.

The expiry date of the license is required to be stamped in bold characters on the face
of every license issued

· Expiration of the License

The license is deemed automatically cancelled.

Effect: Marriage celebrated on the basis of such cancelled license is void ab initio for
want of a formal requisite of marriage.

CERTIFICATE OF LEGAL CAPACITY FOR FOREIGNERS

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 can be obtained,
to submit a certificate of legal capacity to contract marriage, issued by their
respective diplomatic or consular officials.

Stateless persons or refugees from other countries shall, in lieu of the certificate
of legal capacity herein required, submit an affidavit stating the circumstances
showing such capacity to contract marriage.

● The legal capacity to contract marriage us determined by the national law of the
party concerned
● In cases where either or both the contracting parties are citizens of a foreign
country, it shall be necessary for them before a marriage license can be obtained
in the Philippines, to submit a certificate of legal capacity to contract marriage,
issued by their respective diplomatic or consular officials.
● IF A MARRIAGE CONTRACTED IN THE PHILIPPINES IS WITHOUT A
CERTIFICATE OF LEGAL CAPACITY BUT WITH A MARRIAGE LICENSE:
○ If the foreigner turns out to be not incapacitated to contract a marriage
pursuant to his or her national law, the marriage is void by reason of
absence of legal capacity
○ If the foreigner turns out to be incapacitated to contract a marriage under
his or her national law, the absence of a certificate of legal capacity is
merely an irregularity.
○ Basis: Art. 4 of the Family Code

CONTENTS OF THE MARRIAGE CERTIFICATE

CONTENTS OF THE MARRIAGE CERTIFICATE

1. Full name, sex, and age of each contracting party

2. Citizenship, religion, and habitual residence

3. Date and Precise time of the celebration of the marriage

4. That the proper marriage license has been issued according to law, except in
marriage provided for in Chapter 2 of this Title

5. That either or both of the contracting parties have secured the parental consent in
appropriate cases

6. That either or both of the contracting parties have complied with the legal
requirement regarding parental advice in appropriate cases

7. That the parties have entered into marriage settlement, if any, attaching a copy
thereof.

PROOF OF MARRIAGE

● GENERAL PROPOSITION: The marriage certificate/ contract is the best

documentary evidence of a marriage;
○ EXCEPTION: However, it is not regarded as the sole and exclusive
evidence of marriage.

● CONCLUSION: Hence, the absence of a marriage certificate is not proof that no

marriage took place.

MARRIAGES CELEBRATED ABROAD

GR: The principle of lex loci celebrationis shall apply following the Family Code which
prescribes that “all marriages solemnized outside the Philippines, in accordance with
the laws in force in the country where they were solemnized, and valid there as much,
shall also be valid in this country.”

EXP: Does not apply to marriages that are prohibited under Art. 35 (1), (4), (5), and (6),
36, 37, and 38.
The following marriages shall remain VOID AB INITIO even if valid in the place
where it was celebrated:

1. If both parties are Filipinos and either one or both of them is below 18

2. If one of the parties to a marriage is a citizen of the Philippines and he or she is

below 18

3. If the marriage is a bigamous or polygamous under Art 35(4) of the Family Code

4. If the marriage is contracted through mistake of one contracting party as to the

identity of the other

5. If one of the parties in a subsequent marriage is a party to a prior marriage which has
been annulled or judicially declared void but fails to comply with the requirement of Art.
52 of the Family Code

6. If one of the parties to a marriage, at the time of the celebration, was psychologically
incapacitated to comply with the essential marital obligations of marriage

7. If the marriage is incestuous

8. If the marriaghe is void by reason of public policy

The following marriages between Filipinos celebrated abroad are VALID in the
Philippines, if valid in the place where it was celebrated:

1. Marriage celebrated without a marriage license if such is not a requirement in the

place where the marriage was celebrated.

· How about if marriage is celebrated before the Philippine consular officials?

- Marriage License is needed. The requirement of a valid marriage license cannot be
dispensed and the absence of which shall render the marriage void

2. Marriage celebrated by a person not included in the enumeration in Art. 7 of the

Family Code and under the provisions of the Local Government Code if, under the laws
of the place where the marriage is celebrated, he has the authority to solemnize
marriages

3. Proxy Marriages

Same Sex Marriages Celebrated Abroad

The same shall not be recognized, even if such is valid in the place of celebration.
Reason: There is in fact no marriage because under our law, a marriage is defined as
“a special contract of permanent union between a man and a woman.” Hence, the
concept is limited only where parties are from the opposite sex.

Title II. Legal Separation

1. Legal Separation: Grounds
Article 55 of the Family Code of The Philippines provides the following as grounds for
Legal Separation:
(1) Repeated physical violence or grossly abusive conduct directed against the
petitioner, a common child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the petitioner to change
religious or political affiliation;
(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or
a child of the petitioner, to engage in prostitution, or connivance in such
corruption or inducement;
(4) Final judgment sentencing the respondent to imprisonment of more than six
years, even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage, whether
in the Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable cause for more
than one year.

2. Grounds for Denial of Petition

Article 56 of the Family Code of The Philippines provides the following as grounds to
deny petition for Legal Separation:
(1) Where the aggrieved party has condoned the offense or act complained of;
(2) Where the aggrieved party has consented to the commission of the offense or
act complained of;
(3) Where there is connivance between the parties in the commission of the
offense or act constituting the ground for legal separation;
(4) Where both parties have given ground for legal separation;
(5) Where there is collusion between the parties to obtain decree of legal
separation; or
(6) Where the action is barred by prescription.

3. Rules in Relation to Petition

Article 57 - Filing of the Petition
● An action for legal separation must be filed within five years from the time of the
occurrence of t the cause; otherwise the action is barred by prescription.

Article 58 - Cooling-off Period

● An action for legal separation must be in no case be tried before six months shall
have elapsed since the filing of the petition.
● RATIONALE: The court should take steps towards getting parties to reconcile.
● The Court where the action is pending shall remain passice and is precluded
from hearing the suit.
● EXCEPTION: The requirement of six months cooling-off period shall NOT apply
in cases of legal separation where Anti-Violence Act Against Women and Their
Children, is alleged.

4. Reconciliation: how done, effects.

In case of reconciliation, the spouses must file a joint manifestation, duly signed and under oath,
in the same proceeding for legal separation.

A. During the Pendency of the Case

● If the reconciliation occurred while the proceeding for legal separation is pending,
the court shall immediately issue an order terminating the proceeding.

B. After the Issuance of a Court Decision

● If the reconciliation occurred after the rendition of the judgment granting the
petition for legal separation but before the issuance of the Decree, the spouses
shall express in their manife
● station whether or not they agree to revive the former regime of their property
relations or choose a new regime.

The court shall immediately issue a Decree of Reconciliation declaring that the
legal separation proceeding is set aside and specifying the regime of property
relations under which the spouses shall be covered.

C. After Issuance of the Decree of Legal Separation

● If the spouses reconciled after the issuance of the Decree of Legal Separation,
the court, upon proper motion, shall issue a decree of reconciliation declaring
therein that the Decree is set aside but the separation of property and any
forfeiture of the share of the guilty spouse already effected subsists, unless the
spouses have agreed to revive their former regime of property relations or adopt
a new regime.

In all these instances, if the reconciled spouses choose to adopt a regime of

property relations different from that which they had prior to the filing of the
 petition for legal separation, the spouses shall comply with the procedure for
revival or property regime or adoption of a different property regime.

Under Article 66 of the Family Code, the following are the consequences of
reconciliation:

1. The legal separation proceedings, if still pending, shall thereby be terminated at

whatever stage; and
2. The final decree of the legal separation shall be set aside, but the separation of
property and any other forfeiture of the share of the guilty spouse already
effected shall subsist, unless the spouse agree to revive their former property
regime.

5. Agreement to Revive Former Property Regime.

If the parties want to revive their previous property regime, which agreement shall be
submitted in court, together with a verified motion for its approval. If the parties want to
revive their previous property regime, which agreement shall be submitted in court,
together with a verified motion for its approval. The agreement to revive must be under
oath and must specify:

(1) the properties to be contributed anew to the restored regime;

(2) those to be retained as separated properties of each spouse; and
(3) the names of all their known creditors, their addresses and the amounts owing to
each.

Note that the parties may even restore to their revived property regime the share of the
offending spouse in the net profits which has been forfeited in favor of the innocent
spouse by including the forfeited property in the revived property regime.