PFR Reviewer

PERSONS Midterm Reviewer | Bautista, Dayog, Estevez, Hautea,
M a g t i b a y , V a l l e n t e D 2 0 1 5 |1
I. INTRODUCTION
Two Concepts of Law:
a. General of Abstract sense (Derecho) – science of moral rules founded on the rational of man which govern his free
activity for the realization of the individual and social ends, of a nature both demandable and reciprocal; Mass of
obligatory rules established for the purpose of governing persons in society
b. Specific or Material Sense (Ley) - a juridical proposition or an aggregate, promulgated by state in accordance with
the Constitution. It is a norm of human conduct in social life that is established by a sovereign organization and
imposed for compulsory observance of all
Foundations of Law:
1. Order
2. Co-existence
3. Liberty
Characteristics of Law
1. Rule of human conduct
2. Promulgated by competent authority
3. Obligatory
4. Of General Observance
Law and Morals:

- Only rules of law have legal sanction and can be enforced by public authority
- Law covers only social activities (the relation of man to his fellows). Morals cover relationships not only among
fellow human beings but to himself and God.
- The main purpose of both law and morals is HAPPINESS gained through an equilibrium of personalities.
General Divisions of Law

1. Divine Law – God is the legislator
2. Human Law – promulgated by man
Human law is divided into:
a. General or Public Law

i. International law – governs nations and states
ii. Constitutional law- citizens of state and governing power
iii. Administrative law – officials and employees of government
iv. Criminal Law- guaranties the coercive power of the law
v. Religious Law- regulates the practice of religion
b. Individual Private Law
i. Civil Law- relations of individual for private ends
ii. Mercantile Law – relations from commercial transaction
iii. Procedural Law – means where private rights may be enforced
Kinds of Specific Law

1. Mandatory – something must be done
2. Prohibitory – should not be done
3. Permissive - to be tolerated
Codification of Laws – systematic organization of the law into one or more codes, a collection of laws of the same kind.
Reasons for codification:

1. Simplification
2. Unification
3. Necessity of introducing reforms and social changes
Civil Law – Mass of Precepts which determine and regulate the relationships of assistance, authority and obedience
among the members of a family and those which exist among the members of a society for the protection of private
interests. (Organization of family and regulation of property)
Sources of Philippine Civil Law:

a. New civil code
b. Statutes such as the Copyright Law, Patent Law etc.
II. EFFECT AND APPLICATION OF LAWS
RA 386: AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES
NCC 1: This act shall be known as the ―Civil Code of the Philippines‖
- A civil code is a collection of laws which regulate the private relations of the members of civil society, determining
their respective rights and obligations, with reference to persons, things and civil acts.
- Spanish Civil Code took effect – December 7, 1889
- Present civil code was crafted to conform with the customs, traditions, and idiosyncrasies of the Filipino people and
with modern trends in legislation and the progressive principles of law
- Sources of the Civil Code:
a. Spanish Civil Code 1889
b. Codes, laws and judicial decisions of other countries (Spain, America etc)
c. SC doctrines
d. Filipino customs and traditions
e. Philippine statutes
f. Code Commission
A. When law takes effect
NCC 2: Laws shall take effect after fifteen days following the completion of their publication in the Official
Gazette unless it is otherwise provided. This code shall take effect one year after such publication.
NCC became effective on August 30. 1950
NCC 2 applies only when the statute does not provide its own date of effectivity
RAC 18-24
Chapter 5: OPERATION AND EFFECT OF LAWS
Sec. 18. When Laws Take Effect. - Laws shall take effect after fifteen (15) days following the completion of
their publication in the Official Gazette or in a newspaper of general circulation, unless it is otherwise provided
Sec. 19. Prospectivity. - Laws shall have prospective effect unless the contrary is expressly provided.
Sec. 20. Interpretation of Laws and Administrative Issuances. - In the interpretation of a law or administrative
issuance promulgated in all the official languages, the English text shall control, unless otherwise specifically
provided. In case of ambiguity, omission or mistake, the other texts may be consulted.
Sec. 21. No Implied Revival of Repealed Law.- When a law which expressly repeals a prior law itself repealed,
the law first repealed shall not be thereby revived unless expressly so provided.
Sec. 22. Revival of Law Impliedly Repealed. - When a law which impliedly repeals a prior law is itself
repealed, the prior law shall thereby be revived, unless the repealing law provides otherwise.
Sec. 23. Ignorance of the Law. - Ignorance of the law excuses no one from compliance therewith.
Chapter 6: OFFICIAL GAZETTE
Sec. 24. Contents. - There shall be published in the Official Gazette all legislative acts and resolutions of a
public nature; all executive and administrative issuances of general application; decisions or abstracts of
decisions of the Supreme Court and the Court of Appeals, or other courts of similar rank, as may be deemed by
said courts of sufficient importance to be so published; such documents or classes of documents as may be
required so to be published by law; and such documents or classes of documents as the President shall
determine from time to time to have general application or which he may authorize so to be published.
The publication of any law, resolution or other official documents in the Official Gazette shall be prima facie
evidence of its authority.
EO 200
Sec. 1. Laws shall take effect after fifteen 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.
Sec. 2. Article 2 of Republic Act No. 386, otherwise known as the "Civil Code of the Philippines," and all
other laws inconsistent with this Executive Order are hereby repealed or modified accordingly.
Sec. 3. This Executive Order shall take effect immediately after its publication in the Official Gazette.
 Case: Pesigan v Angeles- Publication is necessary for the public to know the contents of the
regulations and make its penalties binding
 Case: Tanada v Tuvera- Publication of laws is mandatory before it may take effect and be
implemented. Publication of laws is a requirement of due process. ―Unless it is otherwise provided‖ –
refers to the date of effectivity and not to the requirement of publication
 Case: Farinas v Executive Secretary- Effectivity after mandatory publication is 15 days unless
otherwise provided
 Case: MRCA v Court of Appeals- SC decisions need not be published for it to take effect
 Case: NEA v Gonzaga- Administrative rules and regulations must also be published if their purpose
is to enforce or implement existing law pursuant also to a valid delegation. Publication in the UP Law
Center is not considered. It should be published in the Official Gazette of a newspaper of general
Circulation
 Case: Garcillano v House of Representatives- Publication through a booklet even when available to
everyone is not recognized. Internet is not a viable place for publication
 Case: Fuentes v Roca- FC took effect August 3, 1988, one year after publication in a newspaper of
general circulation
B. Ignorance of the law
NCC 3: Ignorance of the law excuses no one from compliance there with.
Laws referred to in this article are Philippine laws
No conclusive presumption of knowledge of foreign laws. Ignorance of a foreign law will not be a mistake of
law but a mistake of fact
Exceptions admitted:
 When new provisions substantially differentiate from those formerly in force
 Should not be applied with equal force to minors
 Ignorance may either be of law or of fact.
 Ignorance of fact (ignorantia facti) may excuse a party from the legal consequences of his conduct but
not ignorance of the law
 Lawyer cannot be disbarred for an honest mistake or error of law
Cases:
 Case: Kasilag vs Rodriguez- Gross and inexcusable ignorance of the law may not be the basis of good
faith but possible, excusable ignorance maybe such basis. (in this case, Kasilag is not as conversant
with the law because he is not a lawyer = excusable ignorance)
 Case: Elegado vs CA- Foreign lawyers are not excused from knowing local laws
 Case: Manzano vs Sanches- Judges should be conversant with the law and basic legal principles for
them to embody competence, integrity and independence. In this case, the judge solemnized a wedding
even when to his knowledge (1) there was a subsisting marriage; (2) the spouses had been only legally
separated; (3) spouses had been cohabiting for seven years with other parties but their original
marriage remain valid.
C. Retroactivity of laws
NCC 4: Laws shall have no retroactive effect unless the contrary is provided.
Retroactive law: intended to affect transactions which occurred, or rights which were accrued, before it became
operative and which ascribes to them effects which are not inherent in their nature
All statues are to be construed as having only prospective operation unless the intent to give them a
retrospective effect is expressly declared or is necessarily implied
In case of doubt, case must be resolved against retrospective effect
Retroactive application must not impair vested rights
Exceptions:
 when the law itself so expressly provides
 in case of remedial statutes
 in case of curative statutes
 in case of laws interpreting others – laws merely interpreting other meaning of other laws are
considered as incorporated in the latter; but they shall not affect judicial decisions that have
become final in the meantime.
 in case of laws creating new rights
Retroactivity maybe unconstitutional when it

(1) will make a penal statue an ex post facto law
(2) will constitute an impairment of the obligation of contract
penal laws shall have retroactive effect in so far as they favour the accused who is not a habitual criminal
As a general rule, remedial law is retroactive in effect.
NCC 2252 – 2269 (Transitory provisions of the NCC - it‘s too long haha just check it here na lang 
http://www.chanrobles.com/civilcodeofthephilippinesbook4.htm)
RPC 22: Retroactive effect of penal laws. — Penal Laws shall have a retroactive effect insofar as they favor
the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of
this Code, although at the time of the publication of such laws a final sentence has been pronounced and the
convict is serving the same.
FC 255: If any provision of this Code is held invalid, all the other provisions not affected thereby shall remain
valid.
 Case: Frivaldo vs Comelec- Repatriation is curative and remedial in nature and thus maybe given
retroactive effect
 Case: Gregorio vs CA- Procedural law may be given retroactive effect because it is not violative of
any right of the parties
 Case: Aruego vs CA- Difference of rights vested in the NCC and the FC – action for compulsory
recognition and enforcement of successional rights. FC cannot be given retroactive effect insofar as its
application will prejudice the vested right of the party. In the case the vested right is – to file the
petition (as allowed by NCC 285 - even after father‘s death)
 Case: Francisco vs CA- Difference of rights vested in the NCC and FC – property during marriage. FC
cannot be given retroactive effect insofar as its application will prejudice the vested right of the party.
In the case the vested right is – rights accrued in NCC 158 and 160 survive their repeal (where
properties would be considered conjugal if it were proven that they were acquired in the course of the
marriage and not part of LUCRATIVE TITLE)
Cf: The presumption now is that all property of marriage belongs to the conjugal partnership, unless that is
posted that it pertains exclusively to husband or wife.
D. Mandatory or Prohibitory Laws
NCC 5: Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the
law itself authorizes their validity
Statutory provisions which relate to matters of substance, affect substantial rights and are the very essence of
the thing required to be done are mandatory
Violation of mandatory or prohibitive statute renders the act illegal and void
When law authorizes validity:

 Where the violation does not refer to an essential matter, the law considers that nullity may be more
disadvantageous than validity (marriages void ab initio)
 Validity of an act may depend upon the consent of the parties in interest in the nullity of the act
(annulment)
 Maw may declare the nullity of an act but at the same time recognize the effects as legally existing
(children in annulment)
NCC 17 (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.
E. Waiver of Rights
NCC 6: Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals or good
customs, or prejudicial to a person with a right recognized by law.
Elements of Rights:
Subject – persons
(a) active – entitled to demand the enforcement of a right
(b) passive – duty bound to suffer its enforcement
Object – things and services
Efficient Cause – fact that gives rise to the legal relation
Kinds of Rights:
 Personality Rights –arise from the fact of being a man regardless of property
 Family Rights – rights of a person as a member of a family
 Patrimonial Rights – property as object. (a) real rights (b) personal rights
Rights to personality and family rights are not subject to waiver but patrimonial rights can be waived
Waiver: relinquishment of a known right with both knowledge of its existence and an intention to relinquish it.
Implied waver: when from the acts or conduct of a party the intention to relinquish it may be reasonably
inferred; failure or neglect to assert a right at the proper time
Requirements of waiver:
1. Must actually be renounced by someone who has the right – obligations and laws cannot be renounced.
2. Must have the capacity to renounce
3. Made in a clear and unequivocal manner.
4. Provided that rights and privileges rest in the individual and are intended for his sole benefit
5. Generally, obligations cannot be renounced
6. Renunciation of a real right is unilateral and depends upon the exclusive will of the owner of the right
7. Laws cannot be renounced although the rights arising therefrom maybe renounced.
NCC 2035: No compromise upon the following questions shall be valid:

 The civil status of persons;
 The validity of a marriage or a legal separation;
 Any ground for legal separation;
 Future support;
 The jurisdiction of courts;
 Future legitime. (1814a)
Cases:
 Case: PEFTOK Integrated Services vs NLRC- Waiver must be voluntary: guards affixed their
signature for fear that they would not be given their salaries or may be terminated
 Case: Valderama vs Macalde- Waiver of rights to exist: (a) existence of a right (b) knowledge of
existence of the right (c) intention to relinquish the right (absent in the case at bar). Respondents did
not waive their right of first refusal but were deprived thereof when, without their knowledge, Albano
sold the property to the Valderamas. Waiver cannot be presumed.
 Case: DM Consunji vs CA- Ignorance of the law cannot be applied as a waiver of rights. Had
petitioner been aware right away of the negligence of Philex, they would not have sought redress under
the WCC. Instead they would have instigated a civil action for torts with higher damages. The choice
of compensation under WCC was based on ignorance or mistake of fact. It cannot be construed as a
waiver of the right to avail of the second remedy.
 Case: Ferrer v Diaz- Right must be existent at the time of the waiver. Future rights cannot be waived.
In this case, the party sought to renounce her right to inheritance when in fact such a right is non-
existent at the time of waiver as her parents are both still alive.
F. Repeal of laws
NCC 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 laws declare a law to be 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 the laws of the constitution.
there are laws which without any repeal cease to have effect because they lapse by their own terms
Kinds of Repeal
 Express or Direct Repeal – contained in a special provision of a subsequent law
 Implied or Tacit Repeal – takes place when the provisions of the subsequent law are incompatible
with the earlier law. Usually not favored and rest only in the assumption that the two laws are totally
incompatible. There must be plain a plain, unavoidable and irreconcilable repugnancy between both
laws a general statute will not be held to repeal a prior special one unless there is clear and necessary
conflict between the two effect of repealing act must be governed by the rules on retroactivity of laws
when a law which expressly repeals a prior law is itself repealed, the law first repealed must be revived
unless expressly so provided
1987 Constitution Art. 17 (3): All existing laws, decrees, executive orders, proclamations, letters of
instructions, and other executive issuances not inconsistent with this Constitution shall remain operative until
amended, repealed, or revoked.
FC 254: 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.
 Case: Mecano vs COA- The failure to add a specific repealing clause indicates that the intent was not
to repeal any existing law unless irreconcilable conflict and repugnancy exist in the terms of the new
and old laws. AC 1987 is a general repealing provision. No conflict is also apparent in the old and new
laws. Therefore, AC 1987 did not repeal RAC 699 and shall be applied to the case
 Case: Thornton vs Thornton- The failure to add a specific repealing clause indicates that the intent was
not to repeal any existing law unless irreconcilable conflict and repugnancy exist in the terms of the
new and old laws. There is no provision in RA 8369 that revoked the trial court‘s jurisdiction to issue
writs of habeas corpus involving the custody of minors although it conferred upon the family courts the
jurisdiction to do so. (No implied repeal)
 Case: Lledo vs Lledo- Implied repeals can only be inferred if matters are irreconcilably contradictory.
There are no inconsistencies found in the amendments for dismissed employees as they expand and
improve the social security system Henceforth, Atty Cesar Lledo is entitled to his contributions
G. Judicial decisions
NCC 8: Judicial decisions applying or interpreting the laws or the Constitution shall forma a part of the legal
system of
the Philippines.
Jurisprudence can
(1) provide a rule for which there is neither positive provision of law nor established custom (2) adapt and
adjust rigid and inflexible provisions of law
Stare Decisis – requires the courts to follow the rule established in a decision of the SC. Once the question of
law has been examined and decided it should be deemed settled and closed to further argument. It is a principle
of policy hence a court may depart from it in light with changing conditions.
No matter how sound a precedent may be, if found to be contrary to law, it must be abandoned.
 Case: De Roy vs CA- No law requiring the publication of SC decisions for it to take effect. Habulayas
rule may take effect
 Case: Pesca vs Pesca- Stare decisis. On psychological incapacity citing Santos and Molina
 Case: De Castro vs JBC- The court may be guided but is not controlled by precedent. Overruled
Valenzuela to allow midnight appointments. Valenzuela can be flexible for the benefit of society.
H. Duty to render judgment
NCC 9: No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency
of the laws.
This doesn‘t apply to criminal prosecutions.
Does not apply to criminal prosecutions
Dura lex sed lex: if the law is clear it must be applied. A judge cannot depart from the law just because he
thinks it is unjust.
customs and jurisprudence are always considered as suppletory rules
Customs: the juridical rule which results from a constant and continued uniform practice by the members of a
social community with respect to a particular state of facts and observed with a conviction that is juridically
obligatory
 plurality of acts / various resolutions of a juridical question

 uniformity / general practice
 continued practice for a long time
 must have general restrictions
 obligatory or general necessity
 Practice is not contrary to law, morals, and public order.
 It is to be presumed that a person who performs a juridical act nor provided for by the law acts
according to the customs of the place
RPC 5 - Duty of the court in connection with acts which should be repressed but which are not covered by the
law, and in cases of excessive penalties. — Whenever a court has knowledge of any act which it may deem
proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the
Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act
should be made the subject of legislation.
I. Presumption and applicability of custom
NCC 10: In case of doubt in the interpretation or application of laws, it is presumed that the law making body
intended right and justice to prevail.
NCC 11: Customs which are contrary to law, public order or public policy shall not be countenanced.
NCC 12: Customs need to be proven as fact, according to rules of evidence
1987 Constitition Art 12 (5) The State, subject to the provisions of this Constitution and national development
policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to
ensure
their economic, social, and cultural well-being.
Rules of Court Rule 129 (2-3):

 plurality of acts / various resolutions of a juridical question

 uniformity / general practice
 continued practice for a long time
 must have general restrictions
 obligatory or general necessity
 Practice is not contrary to law, morals, and public order.
Law Custom
Conscious: thinks of what society needs Spontaneous: agreement among the people as
to what is needed at the time
Government Society
Written Tacit/Unwritten
 Case: Martinez vs Van Buskirk- Acts, the performance of which has not been proven as destructive,
and which have been used by society for such a long time (custom) cannot be held unreasonable or
imprudent. At the time, leaving the horses while unloading a wagon was customary
 Case: Alonzo vs Padua- It is customary to enclose a lot to show possession thereof. Siblings cannot
claim ignorance of the sale for thirteen years without wondering why the Alonzo‘s enclosed a lot that
was part of their alleged inheritance. Though no written notice of sale was material, there should have
been actual knowledge of the sales.
J. Legal periods
NCC 13: When the law speaks of years, months, days or nights, it shall be understood that years are of three
hundred sixty five days each; months, of thirty days; days of twenty four hours; and nights from sunsets to
sunrise. If months are designated by their name, they shall be computed by the number of days which they shall
respectively have in computing a period, the first day shall be excluded and the last day included.
Addendum: The last day of the period so computed is to be included, unless it is a Sunday or a legal holiday, in
which even the time shall run until the end of the next day which is neither a Sunday or a Legal Holiday.
Week shall be a period of 7 days (not in the provision)
There is no necessity for computation if the date is fixed – specified future date.
ROC 22: COMPUTATION OF TIME
Section 1. How to compute time - In computing any period of time prescribed or allowed by these Rules, or by
order of the court, or by any applicable statute, the day of the act or event from which the designated period of
time begins to run is to be excluded and the date of performance included. If the last day of the period, as thus
computed, falls on a Saturday, a Sunday, or a legal holiday in the place where the court sits, the time shall not
run until the next working day.
Sec. 2. Effect of interruption - Should an act be done which effectively interrupts the running of the period, the
allowable period after such Interruption shall start to run on the day after notice of the cessation of the cause
thereof. The day of the act that caused the interruption shall be excluded in the computation of the period.
RAC Sec 31: "Year" shall be understood to be twelve calendar months; "month" of thirty 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; "day," to a day of twenty-four hours; and "night," from sunset to sunrise.
 Case: Armigos v CA- Counsel computed based on the hour he received a copy of the decision –
INVALID
M a g t i b a y , V a l l e n t e D 2 0 1 5 | 10
 Case: Namarco v Tecson- In contention: ―ten years‖. A year is 365 days; two leap years within the
―ten years‖. Two days late.
 Case: Go it Bun v Dizon- Period for redemption is one year = 365 days. Regalado (concurring): what
is stated is “12 months” x 30 = 360 days. Actually 5 days late.
 Case: QuiQui v Boncaros- Appeal period is 30 days (now amended to be 15 days) except in habeas
corpus cases. Time during which motion is pending resolution shall be deducted from the said day
period
K. Applicability of penal laws
III. PERSONS & PERSONALITY
A. The concept of a „person‟ and „personality‟
B. Commencement and termination of personality
1. Natural Persons
a. Birth
NCC Art. 40-41
NCC 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.
NCC 41. For civil purposes, the fetus is considered born if it is alive at the time it is completely
delivered from the mother's womb. However, if the fetus 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.
 Fetus aged 7 mos+ born alive is considered alive.

 Fetus aged less than 7 mos born alive must live 24 hours before being considered alive.
1987 Constitution, 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.
P.D. 603 – Child and Youth Welfare Code

Art. 5. Commencement of Civil Personality. - The civil personality of the child shall commence
from the time of his conception, for all purposes favorable to him, subject to the requirements of
Article 41 of the Civil Code.
FC 164. Children conceived or born during the marriage of the parents are legitimate.
RPC 256-259
 Case: Geluz v. CA- Nita Villanueva sought 3 abortions from Antonio Geluz, and her
husband sued Geluz for damages on behalf of his unborn child. The Court ruled that a
fetus had no civil personality (because Art. 40 relies on the express condition of being
born) and therefore had no right of action to seek damages for injuries or death that could
be transmitted to its parents.
 Case: Quimiging v. Icao- Quimiging claimed support & damages for her unborn child,
conceived after being repeatedly raped by Icao. The Court ruled that the unborn child has
right to support even if it is still unborn, and Article 40 grants provisional personality for
all purposes favorable to the child.
 Case: De Jesus v. Syquia- Syquia and De Jesus had an amorous relationship that resulted
in De Jesus becoming pregnant. When De Jesus showed signs of a 2 nd pregnancy, Syquia
left her and their son. She sought to have her children recognized as Syquia‘s natural
children. The court ruled that Syquia had to recognize his son as his natural child because
of the letters he wrote when De Jesus was pregnant, acknowledging the child as his.
 Case: Continental Steel v. Montano- R. Hortillano‘s wife miscarried; he sought

bereavement leave and other benefits which the company gave to employees whose
legitimate dependents died. The company objected on the basis that only those with civil
personality could die, and an unborn child therefore did not count, since it was never
truly ―alive‖ or endowed with a civil personality. The Court disagreed: the Constitution
recognizes the life of the unborn from conception, and civil personality was irrelevant in
this case.
b. Death
NCC 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.
 Case: Limjoco v. Intestate Estate of Pio Fragrante- Fragrante invested in an ice plant but
died while his application for a certificate to construct it was being processed. The
application was approved because the intestate estate of Fragrante was considered
capable of operating the ice plant and maintaining it. By legal fiction, the estate of a
deceased person is considered to have a legal personality independent of his legal heirs.
 Case: Dumlao v. Quality Plastics Inc- The late Pedro Oria, along with others, was served
a summons to pay QPI a certain amount of money for a bond. Oria was already long dead
by the time the summons was served. The Court ruled that there could be no legal
jurisdiction over Oria, as he had already lost his juridical capacity through death.
 Case: Eugenio v. Velez- Article 249 of the Civil Code provides an order of preference for
who should be given custody of a dead body. In this case, brothers and sisters of the
deceased while the appellant was not considered a surviving spouse. Common-law
marriage is not recognized in the Philippines and he was already legally married to
another woman.
 Case: Marcos v. Manglapus- Can Ferdinand Marcos be buried in the Philippines after his
death? The Court ruled ―no,‖ because the circumstances which barred Marcos‘ return to
the Philippines when he was alive still exist. The dissent stated that a dead man does not
cease to have rights merely because he is dead; Marcos has the right to be buried in his
own country.
NCC 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.
Rules of Court Rule 131 Sec. 3 (jj) – (kk)

RoC jj. That except for purposes of succession, 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
particular circumstances from which it can be inferred, the survivorship is determined from the
probabilities resulting from the strength and the age of the sexes, according to the following rules:
1. If both were under the age of fifteen years, the older is deemed to have survived;
2. If both were above the age sixty, the younger is deemed to have survived;
3. If one is under fifteen and the other above sixty, the former is deemed to have survived;
4. If both be over fifteen and under sixty, and the sex be different, the male is deemed to have
survived, if the sex be the same, the older;
5. If one be under fifteen or over sixty, and the other between those ages, the latter is deemed
to have survived.
RoC kk. That 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, they shall be considered to have died at the same time. ‖
 Case: Joaquin v. Navarro- Japanese troops massacred civilians, among them Angela
Joaquin (Mother) and Joaquin Navarro Jr. (Son). The question is who died first, which
would determine the right to succession. The Court ruled that Angela outlived her son, so
the successor should be her natural son. Though the rules of court provide the
assumptions to be made when deaths appear to be simultaneous, they only apply when
there is not enough evidence to determine who died first.
2. Juridical Persons
NCC. 44. The following are 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 begins 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.
NCC. 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the
laws creating or recognizing them.
Private corporations are regulated by laws of general application on the subject.
Partnerships and associations for private interest or purpose are governed by the provisions of this
Code concerning partnerships.
NCC 46. Juridical persons may acquire and possess property of all kinds, as well as incur obligations
and bring civil or criminal actions, in conformity with the laws and regulations of their organization.
NCC 47. Upon the dissolution of corporations, institutions and other entities for public interest or
purpose mentioned in No. 2 of Article 44, their property and other assets shall be disposed of in
pursuance of law or the charter creating them. If nothing has been specified on this point, the property
and other assets shall be applied to similar purposes for the benefit of the region, province, city or
municipality which during the existence of the institution derived the principal benefits from the
same.‖
Batas Pambansa Blg. 68 (Corporation Code), Sec. 2, 4, 17

Section 2. Corporation defined. - A corporation is 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.
Section 4. Corporations created by special laws or charters. - Corporations created by special laws or
charters shall be governed primarily by the provisions of the special law or charter creating them or
applicable to them, supplemented by the provisions of this Code, insofar as they are applicable
Section 17. Grounds when articles of incorporation or amendment may be rejected or disapproved. -
The Securities and Exchange Commission may reject the articles of incorporation or disapprove any
amendment thereto if the same is not in compliance with the requirements of this Code: Provided, That
the Commission shall give the incorporators a reasonable time within which to correct or modify the
objectionable portions of the articles or amendment. The following are grounds for such rejection or
disapproval:
1. That the articles of incorporation or any amendment thereto is not substantially in accordance with
the form prescribed herein;
2. That the purpose or purposes of the corporation are patently unconstitutional, illegal, immoral, or
contrary to government rules and regulations;
3. That the Treasurer's Affidavit concerning the amount of capital stock subscribed and/or paid is false;
4. That the percentage of ownership of the capital stock to be owned by citizens of the Philippines has
not been complied with as required by existing laws or the Constitution.‖
NCC 1767. By the contract of partnership two or more persons bind themselves to contribute money,
property, or industry to a common fund, with the intention of dividing the profits among themselves.
Two or more persons may also form a partnership for the exercise of a profession.
Art. 1768. The partnership has a judicial personality separate and distinct from that of each of the
partners, even in case of failure to comply with the requirements of Article 1772, first paragraph.
 Case: Barlin v. Ramirez- This case basically established that the Roman Catholic Church
was recognized to have a legal personality in the Philippines, and could in fact be
considered a juridical person.
 Case: Camid vs. Office of the President- Municipal corporations may exist by
prescription where it is shown that the community has claimed and exercised corporate
functions, with the knowledge and acquiescence of the legislature, without interruption or
objection for a sufficient period of time.
 Case: Juasing Hardware vs. CoA- Juasing Hardware is a sole proprietorship. The suit
should have been filed under the owner‘s name, not the store‘s name, because Juasing
Hardware does not qualify as a juridical person under the definition provided.
C. Restrictions on civil capacity
1. Presumption of capacity
 Remember what Legarda said: NO ONE IS 100% CAPACITATED.
 Juridical capacity and capacity to act are not the same thing!
 Juridical Capacity: fitness to be the subject of legal relations, lost only throught death.
 Capacity to act: power to do acts with legal effect. It may be gained or lost.
 Case: Catalan vs. Basa- A person suffering from schizophrenia does not necessarily lose
his competence to intelligently dispose his property. For donation to be valid, what is
important is the donor's capacity to give consent at the time of the donation.
2. Restricitions on civil capacity to act

NCC 38-39 (*MEMORIZE THIS!!!*)
NCC 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil
interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from
certain obligations, as when the latter arise from his acts or from property relations, such as easements.
NCC 39. The following circumstances, among others, modify or limit capacity to act: age, insanity,
imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence,
insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other
codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief
or political opinion.
A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases
specified by law.‖
a. Minority
1. Age of majority
R. A. 6809 (amends Art. 234 of the FC; age of minority is below 18 years)
2. AM No. 03-02-05-SC Rules on Guardianship

3. Suffrage, Sec 1 Art V 1987 Constitution [cf. SK]
1987 Constitution, Art. V, Sec. 1
Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen years of age, and who shall have resided
in the Philippines for at least one year, and in the place wherein they propose to vote, for
at least six months immediately preceding the election. No literacy, property, or other
substantive requirement shall be imposed on the exercise of suffrage.
4. Marriage, FC 5 ; 45 (1) ; cf RA 6809

FC 5, 45 (1)
FC 5. 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.
FC 45. 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;
5. Contracts- NCC 1327 ; 1390 (1), 1403 (3) ; 1397, 1399 ; 1489, 1426-27
NCC 1327: The following cannot give consent to a contract:
1. Unemancipated minors;
2. Insane or demented persons, and deaf-mutes who do not know how
to write.‖
NCC 1390 (1), 1403 (par 3)

NCC 1390: The following contracts are voidable or annullable, even though there may
have been no damage to the contracting parties:
1. Those where one of the parties is incapable of giving consent to a
contract;
NCC 1403 (par 3): The following contracts are unenforceable, unless they are ratified
3. Those where both parties are incapable of giving consent to a contract.‖
NCC 1397, 1399

NCC 1397: The action for the annulment of contracts may be instituted by all who are
thereby obliged principally or subsidiarily. However, persons who are capable cannot
allege the incapacity of those with whom they contracted; nor can those who exerted
intimidation, violence, or undue influence, or employed fraud, or caused mistake base
their action upon these flaws of the contract.
*In other words, only minors can sue for their own incapacity, and you can’t complain
about being tricked when you were a jerk.
NCC 1399: When the defect of the contract consists in the incapacity of one of the
parties, the incapacitated person is not obliged to make any restitution except insofar as
he has been benefited by the thing or price received by him.
NCC 1489
NCC 1489. All persons who are authorized in this Code to obligate themselves, may
enter into a contract of sale, saving the modifications contained in the following articles.
Where necessaries are those sold and delivered to a minor or other person without
capacity to act, he must pay a reasonable price therefore. Necessaries are those referred to
in Article 290.
NCC 1426-1427 (These have both been repealed.)
 Case: Mercado v. Espiritu- Contract was not voidable because the plaintiffs
acted in explicit bad faith; they deliberately misrepresented their age.
 Case: Bambalan v. Maramba- Contracts made by intimidation are void, even if

the intimidation is indirect. Mercado cannot apply here because the other party
knew him to be a minor.
 Case: Suan Chian v. Alcantara- A contract of sale may be ratified. Unlike

Mercado, the plaintiffs did not actively misrepresent themselves. The ratification
of the contract on a later date removed the technical issues.
 Case: Braganza v. Villa-Abrille- If a person is benefited although he is

incapacitated (in this case, a minor) he must make restitution only to the extent
that he benefitted (aka, pay it back). Failure to disclose minority does not per
se constitute fraud.
6. Criminal Liability
RPC 12 (2) – (3)
b. Insanity
1. Marriage, FC 45 (2)
FC 45. A marriage may be annulled for any of the following causes, existing at the time
of the marriage:
(2) That either party was of unsound mind, unless such party after coming to reason,
freely cohabited with the other as husband and wife.
2. Contracts, NCC 1327 (1), 1328

NCC 1327 (2), 1328
NCC 1327. The following cannot give consent to a contract:
(2) Insane or demented persons, and deaf-mutes who do not know how to write.
NCC 1328. Contracts entered into during a lucid interval are valid. Contracts agreed
to in a state of drunkenness or during a hypnotic spell are voidable.‖
3. Criminal Liability
RPC 12(1)
―Article 12. Circumstances which exempt from criminal liability. - The following are
exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.‖
US v. Vaguilar
Insanity distinguished from Passion, Anger or Remorse – Testimony of eye-witnesses to
a parricide, which goes no further than to indicate that the accused was moved by a
wayward or hysterical burst of anger or passion, and other testimony to the effect that,
while in confinement awaiting trial, defendant acted absent-mindedly at times, is not
sufficient to establish the defense of insanity.
People v. Rafanan
There are 2 tests that set the standard for legal insanity: 1) test of cognition (was the act
committed intelligently?), 2) test of violation (was the act committed willfully?). The law
presumes every man to be sane. A person accused of a crime has the burden of proving
his affirmative allegation of insanity.
Standard Oil v. Arenas

A person is presumed to have capacity to act until it is proven otherwise. It was not
shown that the appellant was mentally incapacitated at the time the bond was executed,
which is the necessary condition. Moreover, he had entered into a contract of marriage.
His wife did not seek to deprive him of the legal right to manage his estate, or annulment
of the marriage based on psychological incapacity.
Hernandez vs. Santos

Under Section 50, Rule 103 of the Rules of Court, an ordinary witness may give his
opinion on the mental sanity of a person with whom he is sufficiently acquainted. Where
sanity is an issue, expert opinion is not necessary.
c. Deaf-mutism
NCC 1327 (2), 807, 820
Art. 1327. The following cannot give consent to a contract:
(2) Insane or demented persons, and deaf-mutes who do not know how to write.
Art. 807. If the testator be deaf, or a deaf-mute, he must personally read the will, if able to do so;
otherwise, he shall designate two persons to read it and communicate to him, in some practicable
manner, the contents thereof.
Art. 820. Any person of sound mind and of the age of eighteen years or more, and not blind, deaf
or dumb, and able to read and write, may be a witness to the execution of a will mentioned in
Article 805 of this Code.‖
 Deaf-mutes who can read and write may give consent to a contract, but they cannot be
witnesses to the execution of a will.‖
d. Prodigality, ROC Rule 92, Sec 2.

ROC Rule 92, Sec 2.
Sec. 2. Meaning of word "incompetent." - Under this rule, the word "incompetent" includes
persons suffering the penalty of civil interdiction or who are hospitalized lepers, prodigals,
deaf and dumb who are unable to read and write, those who are of unsound mind, even
though they have lucid intervals, and persons not being of unsound mind, but by reason of age,
disease, weak mind, and other similar causes, cannot, without outside aid, take care of
themselves and manage their property, becoming thereby an easy prey for deceit and
exploitation.‖
e. Civil Interdiction, RPC 31, 34, 41

RPC 31, 34, 41
Art. 31. Effect of the penalties of perpetual or temporary special disqualification. — The penalties
of perpetual or temporal special disqualification for public office, profession or calling shall
produce the following effects:
1. The deprivation of the office, employment, profession or calling affected;
2. The disqualification for holding similar offices or employments either perpetually or during the
term of the sentence according to the extent of such disqualification.
Art. 34. Civil interdiction. — Civil interdiction shall deprive the offender during the time of his
sentence of the rights of parental authority, or guardianship, either as to the person or
property of any ward, of marital authority, of the right to manage his property and of the
right to dispose of such property by any act or any conveyance inter vivos.
Art. 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. — The penalties of
reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life
or during the period of the sentence as the case may be, and that of perpetual absolute
disqualification which the offender shall suffer even though pardoned as to the principal penalty,
unless the same shall have been expressly remitted in the pardon.‖
 In other words, if you‘re a criminal, you can‘t act as anyone‘s legal guardian!
f. Family Relations
FC 150-151; cf. FC 87
―Art. 150. Family relations include those:
(1) Between husband and wife;
(2) Between parents and children;
(3) Among brothers and sisters, whether of the full or half-blood. (217a)
Art. 151. No suit between members of the same family shall prosper unless it should appear from
the verified complaint or petition that earnest efforts toward a compromise have been made, but
that the same have failed. If it is shown that no such efforts were in fact made, the same case must
be dismissed.
These rules shall not apply to cases which may not be the subject of compromise under the Civil
Code.‖
―Art. 87. Every donation or grant of gratuitous advantage, direct or indirect, between the spouses
during the marriage shall be void, except moderate gifts which the spouses may give each other on
the occasion of any family rejoicing. The prohibition shall also apply to persons living together as
husband and wife without a valid marriage.‖
NCC 1490
Art. 1490. The husband and the wife cannot sell property to each other, except:
(1) When a separation of property was agreed upon in the marriage settlements; or
(2) When there has been a judicial separation or property under Article 191
NCC 2035
Art. 2035. No compromise upon the following questions shall be valid:
(1) The civil status of persons;
(2) The validity of a marriage or a legal separation;
(3) Any ground for legal separation;
(4) Future support;
(5) The jurisdiction of courts;
(6) Future legitime.
cf. NCC 963-967

―Art. 963. Proximity of relationship is determined by the number of generations. Each generation
forms a degree.
Art. 964. A series of degrees forms a line, which may be either direct or collateral.
A direct line is that constituted by the series of degrees among ascendants and descendants.
A collateral line is that constituted by the series of degrees among persons who are not ascendants
and descendants, but who come from a common ancestor.
Art. 965. The direct line is either descending or ascending.
The former unites the head of the family with those who descend from him.
The latter binds a person with those from whom he descends. (917)
Art. 966. In the line, as many degrees are counted as there are generations or persons, excluding
the progenitor.
In the direct line, ascent is made to the common ancestor. Thus, the child is one degree
removed from the parent, two from the grandfather, and three from the great-grandparent.
In the collateral line, ascent is made to the common ancestor and then descent is made to the
person with whom the computation is to be made. Thus, a person is two degrees removed from
his brother, three from his uncle, who is the brother of his father, four from his first cousin, and so
forth.
Art. 967. Full blood relationship is that existing between persons who have the same father and the
same mother.‖
WHEN COUNTING PROXIMITY OF RELATIONSHIP, START FROM YOURSELF!
g. Alienage, cf. Art IV Secs 1-5, 1987 Constitution

1987 Constitution Art IV, Sec 1-5
―Section 1. The following are citizens of the Philippines:
[1] Those who are citizens of the Philippines at the time of the adoption of this Constitution;
[2] Those whose fathers or mothers are citizens of the Philippines;
[3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority; and
[4] Those who are naturalized in accordance with law.
Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their Philippine citizenship. Those who elect
Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-
born citizens.
Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by
their act or omission, they are deemed, under the law, to have renounced it.
Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by
law.‖
Cordora vs. COMELEC (2009)

Cordora assailed Tambunting‘s certificate for candidacy on the grounds that he was a naturalized
American citizen and therefore not eligible to run in the elections. The Court ruled that
Tambunting possessed dual citizenship but not dual allegiance, because it was an involuntary
status: his father was American but his mother was Filipino, and because while the USA
recognizes as American those born on its soil, the Philippines recognizes those born of a Filipino
mother as Filipinos
h. Absence, NCC 381-396, FC 411
NCC 381-396
―Art. 391. The following shall be presumed dead for all purposes, including the division of the
estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has
not been heard of for four years since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and has been missing for four years;
(3) A person who has been in danger of death under other circumstances and his existence has not
been known for four years.
Art. 392. If the absentee appears, or without appearing his existence is proved, he shall recover his
property in the condition in which it may be found, and the price of any property that may have
been alienated or the property acquired therewith; but he cannot claim either fruits or rents.
Art. 393. Whoever claims a right pertaining to a person whose existence is not recognized must
prove that he was living at the time his existence was necessary in order to acquire said right.
Art. 394. Without prejudice to the provision of the preceding article, upon the opening of a
succession to which an absentee is called, his share shall accrue to his co-heirs, unless he has heirs,
assigns, or a representative. They shall all, as the case may be, make an inventory of the property.
Art. 395. The provisions of the preceding article are understood to be without prejudice to the
action of petition for inheritance or other rights which are vested in the absentee, his
representatives or successors in interest. These rights shall not be extinguished save by lapse of
time fixed for prescription. In the record that is made in the Registry of the real estate which
accrues to the coheirs, the circumstance of its being subject to the provisions of this article shall be
stated.
Art. 396. Those who may have entered upon the inheritance shall appropriate the fruits received in
good faith so long as the absentee does not appear, or while his representatives or successors in
interest do not bring the proper actions.‖
FC 141
―Art. 141. The spouses may, in the same proceedings where separation of property was decreed,
file a motion in court for a decree reviving the property regime that existed between them before
the separation of property in any of the following instances:
(1) When the civil interdiction terminates;

(2) When the absentee spouse reappears;
(3) When the court, being satisfied that the spouse granted the power of administration in the
marriage settlements will not again abuse that power, authorizes the resumption of said
administration;
(4) When the spouse who has left the conjugal home without a decree of legal separation resumes
common life with the other;
(5) When parental authority is judicially restored to the spouse previously deprived thereof;
(6) When the spouses who have separated in fact for at least one year, reconcile and resume
common life; or
(7) When after voluntary dissolution of the absolute community of property or conjugal
partnership has been judicially decreed upon the joint petition of the spouses, they agree to the
revival of the former property regime. No voluntary separation of property may thereafter be
granted.
The revival of the former property regime shall be governed by Article 67.‖
i. Insolvency and trusteeship, NCC 1381, 1491, 2236
NCC 1381, 1491, 2236

"Art. 1381. The following contracts are rescissible:
(1) Those which are entered into by guardians whenever the wards whom they represent suffer
lesion by more than one-fourth of the value of the things which are the object thereof;
(2) Those agreed upon in representation of absentees, if the latter suffer the lesion stated in the
preceding number;
(3) Those undertaken in fraud of creditors when the latter cannot in any other manner collect the
claims due them;
(4) Those which refer to things under litigation if they have been entered into by the defendant
without the knowledge and approval of the litigants or of competent judicial authority;
(5) All other contracts specially declared by law to be subject to rescission.
Art. 1491. The following persons cannot acquire by purchase, even at a public or judicial auction,
either in person or through the mediation of another:
(1) The guardian, the property of the person or persons who may be under his guardianship;
(2) Agents, the property whose administration or sale may have been entrusted to them, unless the
consent of the principal has been given;
(3) Executors and administrators, the property of the estate under administration;
(4) Public officers and employees, the property of the State or of any subdivision thereof, or of any
government-owned or controlled corporation, or institution, the administration of which has been
intrusted to them; this provision shall apply to judges and government experts who, in any manner
whatsoever, take part in the sale;
(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers
and employees connected with the administration of justice, the property and rights in litigation or
levied upon an execution before the court within whose jurisdiction or territory they exercise their
respective functions; this prohibition includes the act of acquiring by assignment and shall apply
to lawyers, with respect to the property and rights which may be the object of any litigation in
which they may take part by virtue of their profession.
(6) Any others specially disqualified by law.
Art. 2236. The debtor is liable with all his property, present and future, for the fulfillment of his
obligations, subject to the exemptions provided by law.‖
In other words, you can cancel a contract under the conditions in Art. 1381, while Art. 1491 tells
you that you can‘t buy something that you‘re looking after for someone else.
Villanueva and CA (1995)

The bank from which petitioner and respondents sought to purchase a piece of land from
had become insolvent. Therefore, the sale of the land had not been perfected. Insolvency
prevented the bank from forming/carrying out the duties expected of it by the contractual tie.
j. Gender, Art II, Sec 14, 1987 Constitution
1987 Constitution Art. II, Sec. 14

―Section 14. The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.‖
cf. NCC 403

―Art. 403. Notwithstanding the provisions of the preceding article, a daughter above twenty-one
but below twenty-three years of age cannot leave the parental home without the consent of the
father or mother in whose company she lives, except to become a wife, or when she exercises a
profession or calling, or when the father or mother has contracted a subsequent marriage.‖
1997 Rules of Civil Procedure, Rule 3 (Parties to Civil Action)

―Sec. 4. Spouses as parties – Husband and wife shall sue or be sued jointly, except as provided by
law.‖
D. Domicile and residence of persons
1. Juridical persons, NCC 51.
―Art. 51. When the law creating or recognizing them, or any other provision does not fix the domicile of
juridical persons, the same shall be understood to be the place where their legal representation is
established or where they exercise their principal functions.‖
2. Natural persons, NCC 50; FC 68-69, cf. NCC 110; cf FC 55, 101, 149, 152, 101
NCC 50
―Art. 50. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural
persons is the place of their habitual residence.‖
FC 68-69, cf. NCC 110

―Art. 68. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and
render mutual help and support.
Art. 69. The husband and wife shall fix the family domicile. In case of disagreement, the court shall
decide.‖
―NCC Art. 110. The husband shall fix the residence of the family. But the court may exempt the wife from
living with the husband if he should live abroad unless in the service of the Republic.‖
cf. FC 101, 149, 152

―Art. 101. If a spouse without just cause abandons the other or fails to comply with his or her obligations to
the family, the aggrieved spouse may petition the court for receivership, for judicial separation of property
or for authority to be the sole administrator of the absolute community, subject to such precautionary
conditions as the court may impose.
Art. 149. The family, being the foundation of the nation, is a basic social institution which public policy
cherishes and protects. Consequently, family relations are governed by law and no custom, practice or
agreement destructive of the family shall be recognized or given effect.
Art. 152. The family home, constituted jointly by the husband and the wife or by an unmarried head of a
family, is the dwelling house where they and their family reside, and the land on which it is situated.‖
Romualdez-Marcos vs. COMELEC

Romualdez-Marcos sought to establish her domicile for the purpose of running in the elections. The Court
held that for the purposes of residence in elections, it shall be understood to be the same as domicile, that is,
a place to which one intends to return. In effect, Marcos was claiming that since her husband had died, her
domicile had reverted to her domicile prior to her marriage.
IV. INTRODUCTION TO THE FAMILY CODE
A. Effect and retroactivity of laws
 The Family Code was promulgated by virtue of E.O. 209 which was issued on July 6, 1987. It took effect on Aug. 3,
1988 (as provided in FC 257).
 FC 256 provides that the FC shall have retroactive effect insofar as it does not prejudice vested rights in accordance
with the CC or other laws.
 FC 105: the FC Title IV, Chapter 4, ―Conjugal Partnership of Gains‖ applies to CPGs already established before the
effectivity of the FC.
FC 162: FC Title IV, Chapter 7, ―Property Regime of Unions without Marriage‖ shall govern existing family
residences insofar its provisions are applicable.
B. Repeal/amendment
 FC 254: The FC repeals provisions in the CC which cover the same subjects and are inconsistent with its (FC‘s)
provisions.
 FC255: ―If any provision of this Code is held invalid, all the other provisions not affected thereby shall remain
valid.‖
V. MARRIAGE & PERSONAL RELATIONS BETWEEN SPOUSES
A. The concept of “marriage”
 FC 1 defines the concept of marriage while FC 149 emphasizes the importance given to the family as a basic social
institution by the Law.
 Marriage may be defined as an 1) act that produces a change of status or 2) as a status involving duties and
responsibilities. Marriage is a concern of the State which recognizes it as a civil or social institution that is the
foundation for the family and domestic relations of persons.
 Its purposes are:
1. Reproduction
2. Education of the offspring
3. Mutual help
B. Nature of marriage in Philippine law
 Marriage is a contract sui generis. In essence, it is an institution of public order, founded on custom and morality.
 Characteristics:
1. Civil in character
2. It is an institution of public order or policy which is governed by rules established by law
3. It is an institution of natural character
 Difference from other contracts:
1. It can only be entered into by one man and one woman
2. The law fixes the duties and rights of the parties in marriage
3. Marriage cannot be terminated like ordinary contracts
4. Breach of the obligations of husband and wife does not give rise to action for damages; but the law provides civil
and penal sanctions
 Principal effects:
1. Personal and economic relations between the spouses
2. Legitimacy of sexual union
3. Personal and economic relations between the parents and children
4. Family relationship
5. Emancipation of the spouses from parental authority
6. Incapacity of the spouses to make donations to each other
7. Disqualification of spouses to testify against each other
8. Modification of criminal liability
C. Agreements prior to marriage
1. Stipulations prior to marriage
 FC 1: Marriage is not subject to stipulation by the spouses prior to their marriage. The rules that
govern marriage and the rights and duties of the spouses are defined by the law.
2. Breach of promise to marry
 CC 19 – 21: states that persons must observed justice, honesty and good faith in their dealings with
other persons, lest they be liable for damages should they breach their duties or ―willfully‖ cause loss
or injury to others.
 CC 2176: anyone who, by fault or negligence, causes damage to another is obliged to pay for damages.
If there is no pre-existing contract between the parties, such is called ‗quasi-delicts‘.
 CC 1403 2(c): an agreement made in consideration of marriage, other than a mutual promise to marry,
is unenforceable unless it be in writing, as provided for under the same article.
 A mere request for the postponement of marriage for reasonable cause does not amount to repudiation
of the contract to marry.
 There is repudiation where one party declares that he will not carry the marriage out or puts himself in
a position where he cannot execute the contract.
 An action based purely on the breach of contract to marry will not lie. However, the offended party
may seek damages based on tort or quasi-delict (CC 19 – 22).
 Effect of seduction: if a carnal intercourse is committed, either party cannot seek damages because
both parties are at fault, having participated willfully in such an act.
Gifts to the person in consideration of marriage are considered legally as conditional and may be
recovered upon breach of engagement by the done
D. Requisites for a valid marriage
1. Kinds of requisites & effects of non-compliance
 FC 2: Essential Requisites
1. Legal capacity; one must be male and the other female
2. Consent freely given in the presence of a solemnizing officer
 FC 3: Formal Requisites
1. Authority of the solemnizing officer
2. A valid marriage license, except for cases provided for in Chapter 2

3. A marriage ceremony: a) appearance of both parties before the solemnizing officer; b) personal
declaration; c) at least two witnesses of legal age
 FC 4: 1) absence of any of the essential or formal requisites shall render the marriage void, except as
stated in FC 35(2); 2) a defect in essential requisites shall render the marriage voidable; 3) irregularity
in the formal requisites – valid marriage, but the party responsible shall be civilly, criminally, and
administratively liable
2. Essential requisites
a. Legal Capacity
1. Gender, FC 2 (1) cf FC 148
Only a man and a woman may marry each other; otherwise, the marriage is void.
2. Age
the minimum age for marriage is 18 years; under FC 35(1), a marriage is void if either of
the parties is below 18 years of age
3. Absence of impediment
 Impediments (marriages between the following are void) as mentioned in FC 5:

1. Ascendants and descendants of any degree (FC 37)
2. Brothers and sisters, whether of full or half blood (FC 37)
3. Collateral blood relatives (legitimate/illegitimate), up to the 4 th civil degree (FC
38)
4. Step-parents and step-children (FC 38)
5. Parents-in-law and children-in-law (FC 38)
6. Adopting parent and adopted child (FC 38)
7. Surviving spouse of adopting parent and the adopted child (FC 38)
8. Surviving spouse of the adopted child and the adopter (FC 38)
9. Adopted child and legitimate child of the adopter (FC 38)
10. Adopted children of the same adopter (FC 38)
11. Parties where one killed the other‘s or his/her own spouse, with the intention to
marry the other (FC 38)
3. Parental consent
4. Consent freely given by both spouses
 Consent must be: 1) mutual, 2) real, 3) intelligent
a. Mistaken identity-
[FC 35(5)]: marriage is void because there is no consent
The ffg are voidable:

b. Effect of insanity-
[FC 45(2)]: if existing at the time of the marriage, this is unless, after the insane party comes to
reason, freely cohabits with the other as spouses
c. Effect of violence-
[FC 45(4)]: if consent is obtained through force or coercion, unless, after the disappearance of the
threat, the party cohabits with the other as spouses
d. Effect of fraud-
[FC 45(3)]: if the consent is obtained through fraud, unless the party, with full knowledge of the
facts constituting the fraud, cohabits with the other as spouses
The following shall constitute fraud (FC 46):

1. Non-disclosure of previous criminal conviction
2. Concealment by the wife of her being pregnant by another man at the time of
marriage
3. Concealment of STDs existing at the time of marriage
4. Concealment of drug addiction, alcoholism, or homosexuality/lesbianism
existing at the time of marriage
CC 1338: There is fraud when one induces the other to enter into a contract through insidious
words, without which the other would not have entered into the contract.
CC 1344: fraud must be serious in order to render the contract voidable. Incidental fraud merely
obliges the person to pay damages.
e. Effect of force, intimidation, and undue influence-

[FC 45(4)]: if consent is obtained through force or coercion, unless, after the disappearance of the
threat, the party cohabits with the other as spouses
CC 1335 – 1337: Definition of violence, force, intimidation and undue influence; the presence of
which shall annul the obligation
f. Effect of physical incapacity/impotence-

[FC 45(5)]: the physical incapacity must be: 1) one that prevents the party from consummating the
marriage; 2) continuing; 3) incurable
g. Effect of affliction with STD-

the STD must be serious and incurable; The concealment of one party of having STD which exists
at the time of the marriage constitutes fraud under FC 46(3)
5. Formal Requisites sa luma.
a. Marriage License
 Case: Republic vs CA: Court held that the presentation of a written statement (that the
couple‘s marriage license does not appear in their records) signed by an officer having
the custody of an official record, in this case, the civil registrar, is sufficient evidence to
declare their marriage void ab initio on the ground of absence of marriage license.
 Case: Sevilla vs Cardenas: Court held that the absence of the logbook where the
Natua=marriage license was filed is not conclusive proof of the non-issuance of the
marriage license. The absence of the logbook does not necessarily mean the non-
existence or falsity of the entries. Therefore, the couple‘s marriage remains valid and
existent.
 Case: Sy vs. CA: Court held that the couple‘s marriage is void because of the absence of
a marriage certificate at the time of the marriage ceremony (indicated on their children‘s
birth certificate that their marriage was celebrated in 1973 but their marriage license was
issued in 1974)
 Case: (BIBLE) Alcantara vs Alcantara: Court held that the petition for annulment
should not be granted because of an irregularity that the marriage license number on the
license and contract do not match. It could be a mere typographical error. Also, the
issuance of a marriage license in a place which is not the residence of either of the parties
is considered a mere irregularity that do not affect the validity of the marriage.
 Case: (BIBLE) De Castro vs De Castro: Court held that their marriage void ab initio
because in lieu of a marriage license, they executed a fake affidavit saying that they were
already cohabitating for five years. The falsity of the affidavit cannot be considered as a
mere irregularity in the formal requisites of marriage.
1. Where to apply, FC 9-10

FC 9: ML is issued by the local civil registrar of the city or municipality where either one
of the parties live
*When ML was filed in not a habitual residence of either one of them does not invalidate
the marriage.
FC 10: Marriages between Filipino citizens may be solemnized by :

1. Consul-general of the RP
2. Consul of the RP
3. Vice-consul of the RP
Ffg shall be performed by the consular official:

1. Issuance of the ML
2. Duties of the local civil registrar and of the solemnizing officer
*The ones going to marry need not be permanent residents in that foreign country. Phil
laws are applicable to marriages of Filipinos under this article so the marriage must
comply with the requisites provided by the FC
2. Requirements for issuance

a. Application, FC 11
FC 11. Each of the party shall file a sworn application for an ML separately
which shall specify the ffg:
1. Full name
2. Place of birth
3. Age and date of birth
4. Civil status
5. If previously married, how, when and where the previous
marriage was dissolved or annulled;
6. Present residence and citizenship;
7. Degree of relationship of the contracting parties;
8. Full name, residence and citizenship of the father;
9. Full name, residence and citizenship of the mother; and
10. Full name, residence, and citizenship of the guardian or person
having charge, in case the contracting party has neither father
nor mother and is under the age of 21.
b. Proof of capacity, FC 12-14; FC 21 cf. NCC 84
FC 12. Documents required to prove the ages of the parties by the local civil
registrar:
i. Original or certified copy of birth cert
ii. In absence of (i), orig or cert copy of baptismal cert
iii. In absence of (i) and (ii), show residence cert or affidavit of 2 witnesses
(nearest of kin are preferred as witnesses. If none, persons of food
reputation in the province or the locality)
These proofs of age are not required when:

i. The parents of the contracting parties appear personally before the local
civil registrar and swear to the correctness of their age that was stated
in the application
ii. The local civil registrar, by merely looking at the applicants is
convinced that they are of the required age
iii. (*added by Tolentino see Art 13) When party was formerly married but
is widowed, or divorced, or the previous marriage has been invalidated
*the presentation of the residence certificate is not required it is just presented

in the absence of birth or baptismal certs
FC 13. If either of the parties has been previously married, the applicant is
required to present, instead of those required in Art 12, what must be presented
is:
i. The death certificate of the deceased spouse, or
ii. The judicial decree of the absolute divorce, annulment, or declaration
of nullity of the previous marriage.
iii. If death certificate cannot be secured, the party shall present an
affidavit:
a. Setting forth this circumstance
b. His/her actual civil stat
c. Name and date of death of the deceased spouse
FC 14. Parties aged 18-21 need consent of their father, mother, surviving parent
or guardian, or persons having legal charge of them, in the order mentioned,
manifested in writing by the interested party, who personally appears before
the proper 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.
*Purpose: to supplement the natural incapacity of the parties , whose

inexperience may lead them to a union which is difficult or prejudicial for them.
Such consent is guarantee so far as humanly possible for a stable marriage.
*A person below 21 who has been previously married but whose marriage has
terminated by the death of the spouse does NOT need parental consent.
* If an orphan over 18 yrs of age below 21 without guardian, then such

requirement is dispensed with, due to impossibility of compliance.
FC 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.
*If a person is a citizen of a country where legal age to marry is 16 and he is

given a certificate of legal capacity by his diplomatic or consular representative
in the Phils, a license can be issued to him even if he were only 16.
*Stateless persons’ legal capacity should be determined by the laws of the Phils
because they have no laws governing them.
NCC 84. No marriage license shall be issued to a widow till after 300 days
following the death of her husband, unless in the meantime she has given birth
to a child.
c. Parental advice, FC 15
FC 15. Referring to the age of contracting parties aged 21-25: shall be obliged
to ask their parents or guardian for advice. If not advice was obtained, it will
only be issued after 3 months following the completion of the publication of the
application, but they must first issue a sworn statement that they sought for
advice
*The reason for the advice is that not only is it for the good of the future bride
and groom, but also the duty of the son/daughter to honor their parents
If an orphan over 18 yrs of age without guardian, then such advice is dispensed
with, due to impossibility of compliance.
d. Marriage counseling, FC 16
FC 16. For those aged 18-25, certificate of having undergone a marriage
counseling is issued by a priest, imam, or minister authorized to solemnized
marriage under Art 7. Failure to present such will suspend issuance of ML for 3
months from publication of application of ML. If only one of them needs
parental consent/advice, the other one must be present at the counseling.
*Reason: To prevent hasty/ill-advised marriages.

Other requirements: assurance of absence of diseases that could endanger
health of spouse and children
e. Publication, FC 17
FC 17. Local civil registrar prepares a notice containing the full names and
residences of the applicants for a ML and other data given in the applications
and 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. This notice shall request
all persons having knowledge of any impediment to the marriage to advise the
local civil registrar. The marriage license shall be issued after the completion of
the period of publication.
f. Investigation of impediments, FC 18
FC 18. In case of any impediment known to the local civil registrar, he shall
note down the particulars and his findings in the application for marriage
license, but shall nonetheless issue said license after the completion of the
period of publication, unless ordered otherwise by a competent court at his own
instance or that of any interest party.
g. Payment of fees, FC 19
FC 19. The local civil registrar requires the payment of fees before the issuance
of the ML. No other sum shall be collected But for indigent parties, this is 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
h. Family planning certificate, P.D. 965

A decree requiring applicant for marriage license to receive instructions on
Family Planning and Responsible Parenthood
3. Place where valid, FC 20

FC 20. ML shall be valid in any part of the Philippines for a period of 120 days from
the date of issue, and shall be deemed automatically canceled at the expiration of the said
period if the contracting parties have not made use of it.
4. Period of validity, FC 20
FC 20. ML shall be valid in any part of the Philippines for a period of 120 days from the
date of issue, and shall be deemed automatically canceled at the expiration of the period
if the contracting parties have not made use of it
5. Duties of the Civil Registrar, FC 24-25

FC 24. Duty of the local civil registrar:
1. to prepare the documents required by this Title, and
2. to administer oaths to all interested parties without any charge in both cases.
FC 25. The local civil registrar concerned shall:

1. Enter all applications for marriage licenses filed with him in a registry book
strictly in the order in which those are received
2. Record in the book the names of the applicants, the date on which the marriage
license was issued, and such other data as may be necessary
 Case: Alcantara vs Alcantara- Petition for annulment not granted. Court said
that to be considered void on the ground of absence of a marriage license, the
law requires that the absence must be apparent on the marriage contract, or at
the very least, supported by a certification from the local civil registrar that
no marriage license was issued to the parties. A certification was by the local
civil registrar and it was precise in that it specifically identified the parties to
whom the marriage license was issued further validating that a license was in
fact issued to them.
6. Marriages exempt from ML requirement

FC 27-34, cf. NCC 76, PD 1083
Marriage of exceptional character

 Is one which the law considers of such a nature as to dispense with the formal
requirement of a ML. They are referred to as an exception to FC Art 3 (2).
 These are valid without a ML but they must have the essential requisites (Art 2)
and formal requisites (Art 3) of marriages.
Marriages exempted from ML requirement are:

1. Marriages in articulo mortis or on the point of death (FC 27)
2. Marriages in isolated places, or where there are no means of available transpo
(FC 28)
3. Marriages among Muslims or among members of ethnic cultural communities
(FC 33)
4. Marriages of those who have lives together as husband and wife for at least 5
yrs (FC 34)
Art. 77 of Civil Code. It is not necessary for persons already legally married to comply
with requirements (including ML)again if they want to have a church wedding.
FC 27. In case either or both of the contracting parties are at the point of death, the
marriage may be solemnized without necessity of a marriage license and shall remain
valid even if the ailing party subsequently survives.
FC 30. The original of the affidavit required in the last preceding article, together with
the legible copy of the marriage contract, shall be sent by the person solemnizing the
marriage to the local civil registrar of the municipality where it was performed within the
period of thirty days after the performance of the marriage. FC 28. 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, the marriage may be solemnized without
necessity of a marriage license.
FC 29. In the cases provided for in the two preceding articles, the solemnizing officer
shall state in an affidavit executed before the local civil registrar or any other person
legally authorized to administer oaths that the marriage was performed in articulo
mortis or that the residence of either party, specifying the barrio or barangay, is so
located that there is no means of transportation to enable such party to appear personally
before the local civil registrar and that the officer took the necessary steps to ascertain the
ages and relationship of the contracting parties and the absence of legal impediment to
the marriage.
FC 31. A marriage in articulo mortis between passengers or crew members may also be
solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or
the plane is in flight, but also during stopovers at ports of call.
*Confer a special authority upon ship captains and airplane chiefs to solemnize
marriages in articulo mortis, and subject to the conditions that the marriage be on board
a vessel or aircraft during a voyage.
FC 32. A military commander of a unit, who is a commissioned officer, shall likewise

have authority to solemnize marriages in articulo mortis between persons within the zone
of military operation, whether members of the armed forces or civilians.
*Confer a special authority upon military commanders to solemnize marriages in articulo

mortis, and subject to the conditions that the marriage be during military operations and
there is no chaplain
FC 33. Marriages among Muslims or among members of the ethnic cultural communities
may be performed validly without the necessity of marriage license, provided they are
solemnized in accordance with their customs, rites or practices.
*This recognizes the validity of Mohammedan marriages, and pagan rite marriages. This
expressly dispenses with the marriage license only. The essential requisites of marriages
are still required, even for non-Christian marriage.
FC 34. No license shall be necessary for the marriage of 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. The contracting parties shall state the foregoing facts
in an affidavit before any person authorized by law to administer oaths. The solemnizing
officer shall also state under oath that he ascertained the qualifications of the contracting
parties are found no legal impediment to the marriage.
NCC 76. (similar FC 34)No ML needed for a man and a woman who have attained the
age of majority and who, being unmarried, have lived together as husband and wife for
at least five years. The contracting parties shall state the foregoing facts in an affidavit
before any person authorized by law to administer oaths. The official, priest, or minister
who solemnized the marriage shall also state in an affidavit that he took steps to ascertain
the ages and other qualifications of the contracting parties and that he found no legal
impediment to the marriage.
PD 1083. A decree to ordain and promulgate a code recognizing the system of Filipino
Muslim laws, codifying Muslim personal laws, and providing for its administration and
for other purposes.
Art 13 (2). In case of marriage between a Muslim and a non-Muslim, solemnized not in
accordance with Muslim law or this Code, the Civil Code of the Philippines shall apply.
 Case: (BIBLE) Ninal vs Bayadog- Court held that the couple‘s marriage is
void ab initio because even theough for lack of a marriage license they have
executed a sworn affidavit saying that they have cohabitated for at least 5 yrs.
The 5 year count must start when none of the parties are legally impeded to
marry. Counting from the date of their marriage, the couple have lived together
for 5 years BUT their cohabitation was not the one contemplated by the law
because they started living together when the man‘s 1st wife was still alive. Their
actual cohabitation as husband and wife before they married lasted for only 20
months (began when 1st wife died).
 Case: Republic vs Dayot- Court held that the marriage is not valid because the
affidavit that they were already cohabitating for 5 yrs is a lie. They have been
cohabitating for barely 5 months.
b. Authority of the solemnizing officer
1. Who are authorized

FC 7, 10, 31, & 32
NCC 56, 74, 76
RA 7160 (1991 Local Govt Code), Secs 444 (b)(1)(xviii), 445
(b)(1)(xviii)
FC 7. Marriage may be solemnized by:

1. Any incumbent member of the judiciary within the court's jurisdiction;
2. Any priest, rabbi, imam, or minister of any church or religious sect duly authorized
by his church or religious sect and registered with the civil registrar general, acting
within the limits of the written authority granted by his church or religious sect and
provided that at least one of the contracting parties belongs to the solemnizing
officer's church or religious sect;
3. Any ship captain or airplane chief only in the case mentioned in Article 31;
4. Any military commander of a unit to which a chaplain is assigned, in the absence of
the latter, during a military operation, likewise only in the cases mentioned in Article
32;
5. Any consul-general, consul or vice-consul in the case provided in Article 10.
FC 10: Marriages between Filipino citizens may be solemnized by :

1. Consul-general of the RP
2. Consul of the RP
3. Vice-consul of the RP
Ffg shall be performed by the consular official:

1. Issuance of the ML
2. Duties of the local civil registrar and of the solemnizing officer
*The ones going to marry need not be permanent residents in that foreign country. Phil
laws are applicable to marriages of Filipinos under this article so the marriage must
comply with the requisites provided by the FC
FC 31. A marriage in articulo mortis between passengers or crew members may also be
solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or
the plane is in flight, but also during stopovers at ports of call.
*Confer a special authority upon ship captains and airplane chiefs to solemnize
marriages in articulo mortis, and subject to the conditions that the marriage be on board
a vessel or aircraft during a voyage.


there is no chaplain.
NCC 54. (similar to FC 7) Marriage may be solemnized by:

1. The Chief Justice and Associate Justices of the Supreme Court;
2. The Presiding Justice and the Justices of the Court of Appeals;
3. Judges of the Courts of First Instance;
4. Mayors of cities and municipalities;
5. Municipal judges and justices of the peace;
6. Priests, rabbis, ministers of the gospel of any denomination, church, religion or
sect, duly registered, as provided in Article 92; and
7. Ship captains, airplane chiefs, military commanders, and consuls and vice-consuls
in special cases provided in Articles 74 and 75.
NCC 74. (similar to FC 31 &32) A marriage in articulo mortis may also be solemnized
by the captain of a ship or chief of an airplane during a voyage, or by the commanding
officer of a military unit, in the absence of a chaplain, during war. The duties mentioned
in the two preceding articles shall be complied with by the ship captain, airplane chief or
commanding officer.
NCC 76. (similar to FC 34) No marriage license shall be necessary when a man and a
woman who have attained the age of majority and who, being unmarried, have lived
together as husband and wife for at least five years, desire to marry each other. The
contracting parties shall state the foregoing facts in an affidavit before any person
authorized by law to administer oaths. The official, priest or minister who solemnized the
marriage shall also state in an affidavit that he took steps to ascertain the ages and other
qualifications of the contracting parties and that he found no legal impediment to the
marriage.
RA 7160. An Act providing for a Local Gov‟t Code of 1991
Sec 444. (b)(1)(xviii)

The municipal mayor shall solemnize marriages, any provision of law to the contrary
notwithstanding.
 Case: Aranes vs Occiano- Court held that judge was guilty of gross ignorance of
the law for solemnizing a marriage outside his territorial jurisdiction and without
the proper marriage license. (Note- not in case, but Legarda says: A judge
solemnizing a marriage outside his jurisdiction is merely an irregularity, but

without a marriage license, it renders a marriage void ab initio)
 Case: Navarro vs Domagtoy- Court held that judge was guilty of gross
ignorance of the law for solemnizing two marriages. First marriage: judge relied
on an affidavit confirming that man and first wife have not seen each other for
almost seven years; in effect, presuming that she is dead. And so, he solemnized
man‘s marriage with wife #2. However, this should not be, as man should have
instituted a summary proceeding to have his wife declared as deceased, not an
affidavit. Second marriage: judge solemnized marriage outside his jurisdiction.
2. How authorized
FC 7 (2) cf. NCC 92-96
FC 7 (2). Marriage may be solemnized by:

2. Any priest, rabbi, imam, or minister of any church or religious sect duly
authorized by his church or religious sect and registered with the civil registrar
general, acting within the limits of the written authority granted by his church or
religious sect and provided that at least one of the contracting parties belongs to
the solemnizing officer's church or religious sect.
NCC 92. Every priest, or minister, or rabbi shall send to the proper government office a
sworn statement setting forth his full name… attaching to said statement a certified copy
of his appointment. The director of the proper government office… shall record the name
of such priest or minister in a suitable register and issue to him an authorization to
solemnize marriage. Priest/rabbi/minister shall be obliged to exhibit his authorization to
the contracting parties, to their parents, grandparents, guardians, or persons in charge
demanding the same. No priest or minister not having the required authorization
may solemnize marriage.
NCC 93. Freedom of religion shall be observed by public officials in the issuance of
authorization to solemnize marriages. Consequently, no public official shall attempt to
inquire into the truth or validity of any religious doctrine held by the applicant or by his
church.
NCC 94. The public official in charge of registration of priests and ministers shall cancel
the authorization issued…, upon showing that the church, sect or religion whose
ministers have been authorized to solemnize marriage is no longer in operation.
NCC 95. The public official in charge of registration of priests and ministers… is hereby
authorized to prepare the necessary forms and to promulgate regulations for the purpose
of enforcing the provisions of this Title. Said official may also by regulations fix and
collect fees for the authorization of priests and ministers to solemnize marriages.
NCC 96. The existing laws which punish acts or omissions concerning the marriage
license, solemnization of marriage, authority to solemnize marriages, and other acts or
omissions relative to the celebration of marriage shall remain and continue to be in force.
 Case: Villar vs Paraiso- Court held that disqualified Paraiso, then a minister of
the United Church of Christ, from the office of Mayor of Rizal, Nueva Ecija for
being an ecclesiastic and therefore ineligible to hold a municipal office.
3. Effect of absence of authority

FC 4; FC 35 (2)
RPC 352
FC 4. The absence of any of the essential or formal requisites shall render the
marriage void ab initio, except as stated in Article 35 (2).
A defect in any of the essential requisites shall not affect the validity of the marriage but
the party or parties responsible for the irregularity shall be civilly, criminally and
administratively liable.
Absence in any of the essential requisites=marriage void ab initio

BUT when one gives consent to marry but not knowingly and voluntarily or freely, or is
misled, there is merely a defect, not void ab initio but it is voidable.
Exception with respect to authority of the solemnizing officer: if both or one of them
believed in good faith that the solemnizing officer had such authority, even if he didn’t,
then the marriage is valid.
Defect/irregularity- marriage is valid
FC 35 (2). Marriage will be void from the beginning when it was solemnized by any
person not legally authorized to perform marriages unless such marriages were
contracted with either or both parties believing in good faith that the solemnizing officer
had the legal authority to do so.
RPC 352. Priests or ministers of any religious denomination or sect, or civil authorities
who shall perform or authorize any illegal marriage ceremony shall be punished in
accordance with the provisions of the Marriage Law.
NOT IN TOLENTINO BUT: Under Section 39 of Act No. 3613, the penalty for violating
Art. 352 is imprisonment of two months (minimum) up to two years (maximum).
 Case: Tenchavez vs Escano- Court held that the divorce given to a Filipino
citizen living abroad by foreign courts is not applicable to Philippine laws
because at the time the divorce decree was issued, both parties were still Filipino
citizens. Wife was then subject to Philippine law, and Article 15 of the Civil
Code.
NCC Art 15. Laws relating to family rights and duties, or to the status, condition,
and legal capacity of persons are binding upon Phil citizens, even though living
abroad.
4. Duties of the solemnizing officer

FC 23-24
FC 23. Duty of the person solemnizing the marriage:

1. To furnish either of the contracting parties the original of the marriage certificate
referred to in Article 6
2. To send the duplicate and triplicate copies of the certificate not later than fifteen
days after the marriage, to the local civil registrar of the place where the
marriage was solemnized.
3. To retain in his file the quadruplicate copy of the marriage certificate, the copy
of the marriage certificate, the original of the marriage license and, in proper
cases, the affidavit of the contracting party regarding the solemnization of the
marriage in place other than those mentioned in Article 8
*When priest who solemnized the marriage fails to send a copy of the marriage cert
to the local civil registrar, it does not invalidate the marriage.
*Best proof of marriage is the marriage cert.

Other proofs:
1. declaration of one of the parties to the marriage
2. declaration of persons present at its celebration
3. public and open cohabitation after the marriage
4. bith and baptismal certificates of children borne by spouses
5. statement in a will duly probated to the effect that the woman is the
testator’s wife
*The presumption is that a man and a woman living martially under the same roof
are legally married. Prseumption may be rebutted by evidence negativing the fact of
marriage, or that one of them is legally married to another.
*After a long cohabitation, with children christened with surname of the husband,
the fact that the he abandoned the common home is not sufficient to overthrow the
presumption. Presumption is rebuttable only by cogent proof to the contrary.
FC 24. Duty of the local civil registrar:

1. To prepare the documents required by this Title,
2. To administer oaths to all interested parties without any charge in both cases.
5. Effect of irregularity, FC 4
FC 4. The absence of any of the essential or formal requisites shall render the
marriage void ab initio, except as stated in Article 35 (2).
A defect in any of the essential requisites shall not affect the validity of the marriage but
the party or parties responsible for the irregularity shall be civilly, criminally and
administratively liable.

BUT when one gives consent to marry but not knowingly and voluntarily or freely, or is
misled, there is merely a defect, not void ab initio but it is voidable.
Exception with respect to authority of the solemnizing officer: if both or one of them
believed in good faith that the solemnizing officer had such authority, even if he didn’t,
then the marriage is valid.
c. Marriage ceremony
1. Form of ceremony, FC 3 (3); FC 6 cf. FC 33, FC 8
FC 3(3). Formal requisites of marriage: 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.
*Prevents common law marriage (an agreement between a man and a woman, legally
capacitated to enter into marriage, that they take each other as husband and wife,
followed by cohabitation)
FC 6. No prescribed form for the solemnization of the marriage. What is necessary is:
1. For the contracting parties to appear personally before the solemnizing officer
2. Declare in the presence of…
3. Not less than two witnesses of legal age that they take each other as husband
and wife.
4. This declaration shall be contained in the marriage certificate which shall be…
5. 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
*Marriage by proxy is not recognized.
*Failure to sign a formal contract or certification of marriage is not essential to the

validity of the marriage, so long as consent is ge=iven in the presence of the solemnizing
officer and at least 2 witnesses of legal age.
*Consent can be proved by other competent evidence such as testimony of the

solemnizing officer, the parties themselves, the witnesses, others present at the wedding.
solemnized in accordance with their customs, rites or practices
FC 8. Marriage solemnized publicly in:

1. The chambers of the judge or in open court,
2. In the church, chapel or temple,
3. In the office the consul-general, consul or vice-consul, as the case may be,
4. Not elsewhere, except:
a. In cases of marriages contracted on the point of death or in remote
places in accordance with Article 29 of this Code, or
b. Where both of the parties request the solemnizing officer in writing in
which case the marriage may be solemnized at a house or place
designated by them in a sworn statement to that effect.
 Case: Martinez vs Tan- Court held that couple‘s marriage was valid because of
sufficient evidence to the claims that the marriage was indeed valid: 1) the ML,
which wife admits she signed; 2) husband‘s own testimony; 3) the testimonies of
the two witnesses; 4) the testimony of the bailiff of the court of the justice of the
peace; 5) eight letters, which wife admitted to writing which indicate her
intention to proceed with the ceremony.
2. Place for ceremony, FC 8; FC 28-29; FC 32-33
FC 8. Marriage solemnized publicly in:

1. The chambers of the judge or in open court,
2. In the church, chapel or temple,
3. In the office the consul-general, consul or vice-consul, as the case may be,
4. Not elsewhere, except:
a. In cases of marriages contracted on the point of death or in remote
places in accordance with Article 29 of this Code, or
b. Where both of the parties request the solemnizing officer in writing in

which case the marriage may be solemnized at a house or place
designated by them in a sworn statement to that effect.
FC 28. 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, the
marriage may be solemnized without necessity of a marriage license.
FC 29. In the cases provided for in the two preceding articles, the solemnizing officer
shall state in an affidavit executed before the local civil registrar or any other person
legally authorized to administer oaths that the marriage was performed in articulo
mortis or that the residence of either party, specifying the barrio or barangay, is so
located that there is no means of transportation to enable such party to appear personally
before the local civil registrar and that the officer took the necessary steps to ascertain the
ages and relationship of the contracting parties and the absence of legal impediment to
the marriage.


there is no chaplain
solemnized in accordance with their customs, rites or practices.
3. Issuance of marriage certificate, FC 6; FC 22
FC 6. No prescribed form for the solemnization of the marriage. What is necessary is:
1. For the contracting parties to appear personally before the solemnizing officer
2. Declare in the presence of…
3. Not less than two witnesses of legal age that they take each other as husband
and wife.
4. This declaration shall be contained in the marriage certificate which shall be…
5. 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
*Marriage by proxy is not recognized.
*Failure to sign a formal contract or certification of marriage is not essential to the

validity of the marriage, so long as consent is ge=iven in the presence of the solemnizing
officer and at least 2 witnesses of legal age.
*Consent can be proved by other competent evidence such as testimony of the

solemnizing officer, the parties themselves, the witnesses, others present at the wedding.
FC 22. The marriage certificate, in which the parties shall declare that they take each
other as husband and wife, shall also state:
1. The full name, sex and age of each contracting party;
2. Their citizenship, religion and habitual residence;
3. The 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; and
7. That the parties have entered into marriage settlement, if any, attaching a copy
thereof.
*The marriage is valid whether or not the marriage certificate is sealed with the seal of
the solemnizing officer.
 Case: Madridejo vs De Leon- Court held that marriage is valid because all the
essential requisites provided for by the law for the marriage to be considered
valid are satisfied. The fact that the parish priest failed to send a copy of the
marriage certificate to the municipal secretary does not invalidate the marriage
as this is not an essential requisite.
 Case: People vs. Borromeo- Court held that marriage is valid even though no
record of the marriage exists in the registry of marriage. The forwarding of a
copy of the marriage certificate to the registry is not one of the requisites. The
husband himself admitted to being legitimately married to his wife during trial,
and ―there is no better proof of marriage than admission of the accused of the
existence of such marriage,‖ (Tolentino vs. Paras).
E. Law governing validity of marriages abroad
1. Tolentino 260-263
General rule in contracts
a. As to form, NCC 17 (1) and (2)
NCC 17(1). The forms… of contracts… shall be governed by the laws of the country
in which they are executed.
(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.
b. As to substantive requirements, NCC 15 & 17 (3)
NCC 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.
*If under the law of the state of which a party to a contract is a citizen, he is of age to
enter into a contract, he cannot set such contract aside on the ground of minority, even if
he is still a minor under Philippine law.
*The question of how a citizen may strip himself of the status as such citizen is governed
by his national law.
*Status of adoption created by the law of a State having jurisdiction over it, will be given
the same effect in another state as is given by the latter to the status of the adoption when
created by its own law. This principle is recognized in this country, except when public
policy or the interests of its inhabitants forbid its enforcement and demand the
substitution of the lex fori (legal term used in the conflict of laws used to refer to the laws
of the jurisdiction in which a legal action is brought.).
NCC 17 (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.
2. Special rule in marriage

a. Lex loci celebrationis, FC 26; FC 21, FC 10 ("law of the place where the marriage is celebrated")
FC 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in
the country where they were solemnized, and valid there as such, shall also be valid in this
country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38.
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the
Filipino spouse shall have capacity to remarry under Philippine law.
*Exceptions:
1. Marriages deemed contrary to the law of nature and good nature and good morals as
generally recognized in Christian countries
Example: Polygamous & incestuous marriages
2. Marriages which the local law-making power has declared shall not be allowed any
validity
Example: contracted by persons in the direct line of consanguinity and between brothers
and sisters
*If both foreigners and the validity of their marriage is questioned in Philppine courts, our courts
must apply our law, but the judgment will have force only in the Philippine territory. Elsewhere
the rules on conflict of laws will govern.
FC 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.
*If a person is a citizen of a country where legal age to marry is 16 and he is given a certificate of
legal capacity by his diplomatic or consular representative in the Phils, a license can be issued to
him even if he were only 16.
*Stateless persons’ legal capacity should be determined by the laws of the Phils because they have
no laws governing them.
 Case: Yao Kee vs Sy-Gonzales- Court held that marriage held in China is not valid in the
Philippines because petitioners failed to present any evidence relative to the law and
custom of China on marriage, therefore their marriage cannot be recognized in this

jurisdiction since in the absence of proof of the Chinese law on marriage, it should be
presumed that it is the same with ours. Under Chinese customs, marriage is conducted
without a solemnizing officer, and just an exchange of written document between the
elders of the families. The marriage is still not recognized in this jurisdiction because of
the absence of a solemnizing officer.
 Case: (BIBLE) Republic vs Orbecido III- Court held that given a valid marriage
between two Filipinos, where one party is later naturalized as a foreign citizen and
obtains a valid divorce decree, the Filipino spouse can likewise remarry under Philippine
law.
b. Exceptions
FC 26 in relation to FC 35 (1), 35 (4), 35 (5), 36, 37, & 38 cf. NCC 71
FC 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in
the country where they were solemnized, and valid there as such, shall also be valid in this
country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38.
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the
Filipino spouse shall have capacity to remarry under Philippine law.
*Exceptions:
1. Marriages deemed contrary to the law of nature and good nature and good morals as
generally recognized in Christian countries
2. Marriages which the local law-making power has declared shall not be allowed any
validity
Example: contracted by persons in the direct line of consanguinity and between brothers
and sisters
*If both foreigners and the validity of their marriage is questioned in Philppine courts, our courts
must apply our law, but the judgment will have force only in the Philippine territory. Elsewhere
the rules on conflict of laws will govern.
FC 35(1)(4)(5)
Marriages void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the consent of parents or
guardians;
(4) Those bigamous or polygamous marriages not failing under Article 41
(5) Those contracted through mistake of one contracting party as to the identity
of the other
*Mistaken identity=void
BUT when a person merely misrepresents himself (assuming name of someone else, personal
qualifications) not ground for annulment
FC 36. A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of marriage, shall
likewise be void even if such incapacity becomes manifest only after its solemnization.
*If husband believes that he does not have to work to support his family bec that is the work of the
in-laws, or wife thinks sex is sinful and dirty and dislikes children, marriage void
FC 37. Marriages between the following are incestuous and void ab initio, whether relationship
between the parties be legitimate or illegitimate:
1. Between ascendants and descendants of any degree; and
2. Between brothers and sisters, whether of the full or half blood
FC 38. The following marriages shall be void from the beginning for reasons of public policy:
1. Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil
degree;
2. Between step-parents and step-children;
3. Between parents-in-law and children-in-law;
4. Between the adopting parent and the adopted child;
5. Between the surviving spouse of the adopting parent and the adopted child;
6. Between the surviving spouse of the adopted child and the adopter;
7. Between an adopted child and a legitimate child of the adopter;
8. Between adopted children of the same adopter; and
9. Between parties where one, with the intention to marry the other, killed that other
person's spouse, or his or her own spouse.
*Legarda: No provision preventing marriage of step brothers and step sisters
NCC 71. All marriages performed outside the Philippines in accordance with the laws in force in
the country where they were performed, and valid there as such, shall also be valid in this country,
except bigamous, polygamous, or incestuous marriages as determined by Philippine law.
F. Common Law Marriages/‘live in‘ relationships
FC 147. If a man and a woman who are capacitated to marry each other live exclusively as husband and wife but did
not get married or had a void marriage, the property acquired by EITHER OR BOTH of them will be governed by
the rules on co-ownership.
* Article covers only an unmarried man and unmarried woman cohabitating without impediment for a legal
marriage, or married couple whose marriage was actually void
* Article does NOT cover adulterous relations
*Rules on CO-OWNERSHIP applies, not absolute community of property or conjugal partnership of gains (their
properties are not considered conjugal properties)
cf RPC 350. The penalty of prision correccional in its medium and maximum periods shall be imposed upon any
person who, without being included in the provisions of the next proceeding article, shall have not been complied
with or that the marriage is in disregard of a legal impediment.
If either of the contracting parties shall obtain the consent of the other by means of violence, intimidation or fraud,
he shall be punished by the maximum period of the penalty provided in the next preceding paragraph.
FC 148 In cases of cohabitation not falling under FC 147, only the properties acquired by BOTH of them through
their joint efforts will be owned by them in common proportion to their respective contributions
If one of them is married to another person, his or her share in the co-ownership will accrue to the conjugal
partnership in his or her valid marriage.
NCC 220 ―In case of doubt, all presumptions favour the solidarity of the family‖
FC 26 (1) All marriages solemnized in other countries shall be valid here except those prohibited by Arts 35-38.
*Exceptions:
1. Marriages deemed contrary to the law of nature and good nature and good morals as generally recognized in
Christian countries
2. Marriages which the local law-making power has declared shall not be allowed any validity
Example: contracted by persons in the direct line of consanguinity and between brothers and sisters
*If both foreigners and the validity of their marriage is questioned in Philppine courts, our courts must apply our
law, but the judgment will have force only in the Philippine territory. Elsewhere the rules on conflict of laws will
govern.
NCC Bk II Title 3 Co-ownership

Art. 485. The share of the co-owners, in the benefits as well as in the charges, shall be proportional to their
respective interests. Any stipulation in a contract to the contrary shall be void.
The portions belonging to the co-owners in the co-ownership shall be presumed equal, unless the contrary
is proved.
Art. 488. Each co-owner shall have a right to compel the other co-owners to contribute to the expenses of
preservation of the thing or right owned in common and to the taxes. Any one of the latter may exempt himself from
this obligation by renouncing so much of his undivided interest as may be equivalent to his share of the expenses
and taxes. No such waiver shall be made if it is prejudicial to the co-ownership.
Art. 491. None shall, without the consent of the others, make alterations in the thing owned in common, even
though benefits for all would result. However, if the withholding of the consent by one or more of the co-owners is
clearly prejudicial to the common interest, the courts may afford adequate relief.
 Case: Lesaca vs Lesaca- Repurchased land, bought before a marriage, is not conjugal property. Also, there was
no evidence that the land was acquired by the couple‘s joint efforts. Hence, it is the husband‘s alone. However,
the palay planted on the land by the couple is conjugal property.
 Case: Yaptinchay vs Torres- The woman who cohabited with the deceased man cannot claim that his property
is exclusively hers because their relationship is governed by the rules on co-ownership. She failed to prove that
during their cohabitation, she actually contributed to the acquisition of the properties.
G. Void Marriages
Tolentino 270-310
General Rule: FC 4.
FC 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated
in Article 35 (2).
A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible
for the irregularity shall be civilly, criminally and administratively liable.

BUT when one gives consent to marry but not knowingly and voluntarily or freely, or is misled, there is merely a defect,
not void ab initio but it is voidable.
Exception with respect to authority of the solemnizing officer: if both or one of them believed in good faith that the
solemnizing officer had such authority, even if he didn’t, then the marriage is valid.
1. Kinds of void marriages

a. Absence of requisites
FC 35. Marriages void from the beginning:
1. Parties not yet of legal age
2. Non-authority of solemnizing officer
3. No marriage license
4. Bigamous and polygamous marriages
5. Mistake as to identity
cf FC 234. Emancipation takes place by the marriage of the minor
RA 6809. Lowered age of majority from 21 to 18 years
 Case: Alcantara vs Mallion- Husband filed for nullity of marriage twice. First ground was
psychological incapacity, second ground was absence of marriage license. SC says that by filing the
first case, he already conceded to the validity of his marriage.
 Case: So vs Valera- Husband filed a case for nullity on the grounds of psychological incapacity and
lack of marriage license, but he presented a marriage contract. SC says the marriage contract is a
public document that enjoys the presumption of validity of marriage unless proven otherwise by
convincing evidence (there was none).
 Case: De Castro vs De Castro- ―too much sex, forgot to get married‖ Couple‘s marriage was void
because by the time they got married, the marriage license had expired
 Case: Republic vs Dayot- Marriage is not valid because couple did not live together for 5 years
(common law cohabitation period), only 5 months
b. Bigamous and polygamous marriages
FC 35 (4) B and P marriages are void from the beginning
FC 39 Action for nullity of marriage shall not prescribe
FC 40 Final judgment declaring marriage void is needed
FC 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.
FC 44 Marriage is void if spouses got married in bad faith
RPC 344 Crimes of adultery and concubinage shall not be prosecuted except upon a complaint by the
other spouse
RPC 349 Sentence of prision mayor for bigamists
 Case: Apiag vs Cantero- Charge of bigamy against Judge Cantero cannot stand because his first
marriage was solemnized before the effectivity of the Family Code. No need for judicial
declaration of nullity of his first marriage.
 Case: Mercado vs Tan- A declaration of nullity from the first marriage cannot absolve the
husband from the crime of bigamy because the declaration was made after the bigamy was
already charged against him.
 Case: Bobis vs Bobis- A subsequent filing of a civil action for the declaration of nullity of a
previous marriage AFTER a charge of bigamy has been made, does not constitute a prejudicial
question to a criminal case for bigamy.
 Case: Ty vs CA- Similar to Apiag. No need for judicial declaration of nullity of previous
marriage because marriage was celebrated before the Family Code came into effect. FC also
cannot retroact because it will impair the vested rights of the children.
 Case: Morigo vs Morigo- Marriages were solemnized under the Family Code‘s effectivity but
the first marriage is void because there was no marriage ceremony and solemnizing officer.
Distinguished from Mercado vs Tan: here, declaration of nullity of marriage retroacts to the date
of his first marriage (even if it was filed after the bigamy charge)
 Case: Tenebro vs CA- Man got married three times. The absolute nullity of either the first or
second marriage, even prior to its judicial declaration as void, is a valid defense against bigamy
except in cases of psychological incapacity. Mere absence of record of marriage license is
different from absence of marriage license
 Case: Antone vs Beronilla- Husband was declared to have committed bigamy even if his first
marriage was declared null and void PRIOR to the charge of bigamy against him, because at the
time he entered into the second marriage, his first marriage was still subsisting. All elements for
bigamy existed. Morigo (retroactivity of declaration of nullity) does not apply.
c. Subsequent marriage, upon reappearance of absent spouse
FC 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.
FC 42. Second marriage will automatically be terminated once first spouse submits an affidavit of
reappearance
FC 43. Termination of subsequent marriage shall produce the ff facts:

1. Children conceived in subsequent marriage –legitimate
2. Absolute community of property or conjugal partnership shall be terminated (if one spouse
entered with bad faith, his/property will go to the children. If there are no children, to the
innocent spouse)
3. Donations shall remain valid (except when marriage was entered into with bad faith)
4. Innocent spouse may revoke the designation of spouse who acted in bad faith as a beneficiary
in an insurance policy
5. Spouse who remarried in bad faith shall not inherit anything from the innocent spouse
FC 44. If BOTH spouses acted in bad faith, marriage shall be void ab initio
NCC 390. Presumption of Death

After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be
presumed dead for all purposes, except for those of succession.
The absentee shall not be presumed dead for the purpose of opening his succession till after an absence
of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be
sufficient in order that his succession may be opened.
For succession purposes: 10 years
NCC 391. The following shall be presumed dead for all purposes, including the division of the estate
among the heirs:
1. A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who
has not been heard of for four years since the loss of the vessel or aeroplane;
2. A person in the armed forces who has taken part in war, and has been missing for four years;
3. A person who has been in danger of death under other circumstances and his existence has not
been known for four years.
FC 55 (9). Attempt by respondent on the life of the petitioner may be ground for legal separation
Civil code: 7 years for presumption of death.
Family code: Reduced this to 4 years. The burden to prove that the first marriage has not yet been
dissolved is on the one attacking the second marriage (presumption is in favour of the second marriage‘s
validity)
 Case: Jones vs Hortiguela- 7 year period should be counted from the time the spouse
disappeared, not the date of the declaration of presumptive death
 Case: Republic vs Nolasco- English wife brought to Antique. Wife cannot be declared
presumptively dead because husband did not exhaust all means to look for her. There should be
a well-founded belief that she had died. He must have informed the authorities (police, etc. so
they may look for her publicly ―panawagan‖)
 Case: Bienvenido vs CA- Second marriage cannot be considered as a ―subsequent marriage of

abandoned spouse‖ because it is the one who remarried who abandoned his spouse. You cannot
leave your spouse and then file for her presumptive death.
 Case: SSS vs Jarque vda De Bailon- Mere reappearance of first wife who was presumed dead
will not terminate the husband‘s subsequent marriage. Necessary: affidavit of reappearance
Procedure:
 Case: Republic vs Bermudez-Lorino- CA has no jurisdiction to review a summary judgment of
RTC because it is final and executory
 Case: Republic vs Tango- OSG opposed an RTC decision, but CA refused to take cognizance
of the case because the decision was final and executory. OSG should have filed a petition for
review on certiorari instead of a notice of appeal.
d. Bad faith of both spouses, under FC 44
FC 44. Marriage shall be void ab initio of both spouses acted in bad faith
All donations by reason of marriage and testamentary dispositions made by one in favor of the other are
revoked by operation of law.
*If marriage was dissolved by death, the issue of bad faith can no longer be raised
e. Psychological incapacity under FC 36

FC 36 A marriage contracted by any party who, at the time of the celebration, was psychologically
incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if
such incapacity becomes manifest only after its solemnization.‖
FC 39 Action of declaration of nullity of marriage shall not prescribe
FC 68-73 Rights and obligations between husband and wife

RA 8533. Nullified the prescriptive period for filing an action for declaration of nullity of marriage on
the ground of psychological incapacity
-Marriage under this article shall be void from the beginning

-Emphasis: psychological incapacity to COMPLY with marital obligations. Different from psychological
incapacity to UNDERSTAND (this would amount to lack of consent)
-Originally, this action shall prescribe in 10 years, but RA 8533 repealed prescription
-Article retroacts to marriages solemnized under the Civil Code
Cases pertaining to evidence:

 Case: Lim vs CA- Psychiatrist was allowed to testify even if the wife was her patient because
she was testifying as an expert, not as an attending physician. Confidentiality rule does not
apply.
 Case: Salita vs Magtolis- A complaint only needs to state the ultimate facts constituting the
plaintiff‘s cause of action. For the respondent to ask for more would be tantamount to asking for
evidentiary matters.
 Case: Krohn vs CA- Husband can testify the wife‘s confidential psychiatric report. Because he
is not duly authorized to practice medicine, confidentiality rule is not violated
Main cases:
 Case: Santos vs Court of Appeals- Psychological incapacity must be characterized by 1.

Gravity- serious personality disorder that renders the party truly incognitive of the basic
marital obligations; 2. Juridical antecedence- existing even before marriage; 3. Incurabiliy
 Case: Chi Ming Tsoi vs CA- prolonged refusal of a spouse to have intercourse is a sign of
psychological incapacity
 Case: Republic vs Olaviano Molina- Guidelines in the interpretation and application of Art. 36
of the Family Code:
1. The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any
doubt should be resolved in favor of the existence and continuation of the marriage and
against its dissolution and nullity
2. The root cause of the psychological (not physical) incapacity must be:
 medically or clinically identified
 Alleged in the complaint
 Sufficiently proven by experts
 Clearly explained in the decision.
3. The incapacity must be proven to be existing at "the time of the celebration" of the
marriage.
4. Such incapacity must also be shown to be medically or clinically permanent or
incurable. Such incapacity must be relevant to the assumption of marriage obligations.
5. Such illness must be grave enough to bring about the disability of the party to assume
the essential obligations of marriage.
6. The essential marital obligations must be those embraced by Articles 68 up to 71 of the

Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of
the same Code in regard to parents and their children. Such non-complied marital
obligation(s) must also be stated in the petition, proven by evidence and included in the
text of the decision.
7. Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic
Church in the Philippines, while not controlling or decisive, should be given great
respect by our courts
8. The trial court must order the prosecuting attorney or fiscal and the Solicitor General to
appear as counsel for the state. No decision shall he handed down unless the Solicitor
General issues a certification.
 Case: Hernandez vs CA- Petition for annulment not granted because there was no showing that
psychological incapacity was present at the time of marriage. Expert testimony should have
been presented
 Case: Marcos vs Marcos- Expert psychological examination of allegedly psychologically

incapacitated spouse is not a requirement. Psychological incapacity may be established by the
totality of evidence presented
 Case: Republic vs Dagdag- The allegation that the husband was a fugitive is not sufficiently
proven, and is not a ground for psychological incapacity. Wife failed to comply with Molina
guideline #2 (PI must be clinically identified)
 Case: Republic vs Quintero-Hamano. Husband‘s abandonment was irresponsible but was not
proven to be due to psychological incapacity. It would have helped if the wife presented
evidence that medically identified her husband‘s illness
 Case: Antonio vs Reyes. Marriage was declared null and void because petitioner was
sufficiently complied with Molina guidelines. Expert witnesses were presented, root cause of PI
was medically identified, PI was established to have existed before the celebration of marriage
(she lied about many things even before they got married)
 Case: Republic vs Iyoy- Marriage was not declared null and void because gravity, juridical
antecedence, incurability were not proven (Santos)
 Case: Republic vs Tanyag-San Jose- Although expert examination is not required to establish
psychological incapacity, nullity of marriage was not granted because husband‘s behavior was
not shown to be rooted on some incapacitating or debilitating psychological condition
 Case: Zamora vs CA- Although husband was correct in arguing that expert opinion is not
necessary, he did not present sufficient evidence to establish his wife‘s psychological incapacity
 Case: Almelor vs RTC-Las Pinas- Annulment was not granted because wife failed to prove that
her husband‘s homosexuality was present at the time of marriage, and that he hid that fact
 Case: Te vs Te- Marriage declared null and void because a psychologist found both of them to
be suffering from personality disorders that renders then incapacitated to comply with the
essential marital obligations. Although guidelines were set in Molina, each case must be judged
according to its own facts and not a priori assumptions
 Case: Azcueta vs RP- Marriage was declared null and void because Molina guidelines were
met. Wife presented enough evidence, PI was medically identified and there was expert
testimony, PI was established to have existed at the time of their marriage (he did not have a job
right from the start). First case that says that psychological incapacity should affect the
fulfillment of the essential marital obligations
 Case: Halili vs Halili- Expert witness‘ testimony that husband‘s personality disorder was grave
and incurable and existent at the time of the marriage was enough ground for annulment. Cited
ruling in Te that courts should interpret psychological incapacity on a case-to-case basis
 Case: Aspillaga vs Aspillaga. Although expert established both parties‘ psychological disorder,
he failed to link it to compliance with essential marital obligations. Mere difficulty is not the
same as incapacity. “Do not use the word hamper!”
 Case: Lim vs Lim- Expert opinion of psychiatrist was not enough to establish psychological
incapacity‘s gravity, juridical antecedence, and incurability. Shows that SC prefers
psychologists over psychiatrists.
 Case: Camacho-Reyes vs Reyes- Marriage was declared void because three experts were one in
diagnosing the respondent with a personality disorder. Lack of personal examination does not
invalidate the experts‘ testimonies
 Case: Toring vs Toring- Marriage was not annulled because wife‘s character traits (infidelity,
perversion, immaturity) were not proven to have existed at the time of marriage (petition was
filed only 20 years after marriage)
 Case: Ochosa vs Bona- No annulment because wife‘s defects (infidelity, promiscuity) were not
present at the time of marriage. They only became manifest when the husband began to be
assigned to different places. Psychiatrist‘s findings did not emanate from a personal interview. It
was the husband, not the wife, who manifested the desire to abandon his spouse.
f. Incestuous marriages, FC 37 cf. NCC 963-967
FC 37. Incestuous- void from the beginning, whether the relationship is legitimate or
illegitimate:
1. Between ascendants & descendants of any degree;
2. Brothers & sisters, whether full or half blood
NCC. 963. Proximity of relationship is determined by the number of generations. Each

generation forms a degree.
NCC. 964. A series of degrees forms a line, which may be either direct or collateral.
A direct line is that constituted by the series of degrees among ascendants and descendants.
A collateral line is that constituted by the series of degrees among persons who are not ascendants and
descendants, but who come from a common ancestor.
NCC. 965. The direct line is either descending or ascending.
The former unites the head of the family with those who descend from him.
The latter binds a person with those from whom he descends.
NCC. 966. In the line, as many degrees are counted as there are generations or persons, excluding the
progenitor.
In the direct line, ascent is made to the common ancestor. Thus, the child is one degree removed from the
parent, two from the grandfather, and three from the great-grandparent.
In the collateral line, ascent is made to the common ancestor and then descent is made to the person with
whom the computation is to be made. Thus, a person is two degrees removed from his brother, three from
his uncle, who is the brother of his father, four from his first cousin, and so forth.
NCC. 967. Full blood relationship is that existing between persons who have the same father and the
same mother.
Half blood relationship is that existing between persons who have the same father, but not the same
mother, or the same mother, but not the same father.
g. Marriages against public policy

FC 38, compare FC 38(9) with NCC 80(6)
NCC 80(7), NCC 82, RPC 246, and NCC 963-967
FC 38 (9). Against public policy so void from the beginning:

9. Parties where one, with the intention to marry the other, killed the other person‟s spouse or
his or her own spouse.
*Law does not require that both parties to the marriage had conspired to eliminate the spouse that is
an obstacle to their marriage. The marriage is void, even if only the killer had that intention and the
other party was unaware of it.
Based on principles of pure ethics. Pure sentiments of love cannot be justified by criminal acts.
Code requires that the motive of killing a spouse must be to marry a particular person who becomes
the other party to the subsequent marriage. His marriage later to someone who had not been part of
his plans in killing his spouse would not suffer from this impediment.
Family code does not expressly require that the authoer of the killing must have been “found
guilty” unlike NCC 80
NCC. 80 (6). The following marriages shall be void from the beginning:
(6) Those where one or both contracting parties have been found guilty of the killing of
the spouse of either of them;
RPC. 246. Parricide. — Any person who shall kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall
be punished by the penalty of reclusion perpetua to death.
NCC. 80 (7). The following marriages shall be void from the beginning:
(7) Those between stepbrothers and stepsisters and other marriages specified in NCC 82.
NCC. 82. The following marriages shall also be void from the beginning: (1) Between stepfathers and
stepdaughters, and stepmothers and stepsons; (2) the adopting father or mother and the adopted,
between the latter and the surviving spouse of the former, and between the former and the
surviving spouse of the latter; (3) the legitimate children of the adopter and the adopted.
NCC 963-963 – see (f) Incestuous marriage
h. Non-compliance under FC 53
FC 53. Either spouse may remarry after compliance with requirements in FC 52, which says that
judgment of annulment or of absolute nullity of marriage, and the partition and distribution of
properties of spouses shall be recorded in the civil registry.
Sec. 21, 22, & 23, A.M. No. 02-11-10-SC (March 2003)- Rule on declaration of absolute nullity
of void marriages and annulment of voidable marriages
Section 21. Liquidation, partition and distribution, custody, support of common children and
delivery of their presumptive legitimes. - Upon entry of the judgment granting the petition, or, in
case of appeal, upon receipt of the entry of judgment of the appellate court granting the petition,
the Family Court, on motion of either party, shall proceed with the liquidation, partition and
distribution of the properties of the spouses, including custody, support of common children and
delivery of their presumptive legitimes pursuant to Articles 50 and 51 of the Family Code unless
such matters had been adjudicated in previous judicial proceedings.
Section 22. Issuance of Decree of Declaration of Absolute Nullity or Annulment of Marriage."

(a) The court shall issue the Decree after;
1. Registration of the entry of judgment granting the petition for declaration of nullity or
annulment of marriage in the Civil Registry where the marriage was celebrated and in the
Civil Registry of the place where the Family Court is located;
2. Registration of the approved partition and distribution of the properties of the spouses, in
the proper Register of Deeds where the real properties are located; and
3. The delivery of the children's presumptive legitimes in cash, property, or sound
securities.
(b) The court shall quote in the Decree the dispositive portion of the judgment entered and attach
to the Decree the approved deed of partition.
Except in the case of children under Articles 36 and 53 of the Family Code, the court shall order
the Local Civil Registrar to issue an amended birth certificate indicating the new civil status of the
children affected.
Section 23. Registration and publication of the decree; decree as best evidence.
(a) The prevailing party shall cause the registration of the Decree in the Civil Registry where the
marriage was registered, the Civil Registry of the place where the Family Court is situated,
and in the National Census and Statistics Office. He shall report td the court compliance with
this requirement within thirty days from receipt of the copy of the Decree.
(b) In case service of summons was made by publication, the parties shall cause the publication
of the Decree once in a newspaper of general circulation.
(c) The registered Decree shall be the best evidence to prove the declaration of absolute nullity or
annulment of marriage and shall serve as notice to third persons concerning the properties of
petitioner and respondent as well as the properties or presumptive legitimes delivered to their
common children.
2. Who can invoke nullity, FC 36, FC 39, FC 40 Sec 2, AM No 02-11-10-SC. March 4, 2003
FC 36. A marriage contracted by any party who, at the time of the celebration, was psychologically
incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if
such incapacity becomes manifest only after its solemnization.
*If husband believes that he does not have to work to support his family bec that is the work of the in-laws,
or wife thinks sex is sinful and dirty and dislikes children, marriage void
FC 39 Action of declaration of nullity of marriage shall not prescribe
FC 40 Final judgment declaring marriage void is needed
Sec. 2, A.M. No. 02-11-10-SC (March 4, 2003)- The Rule on Declaration of Absolute Nullity of Void
Marriages and Annulment of Voidable Marriages
Sec. 2. Petition for declaration of absolute nullity of void marriages.
(a) Who may file.–A petition for declaration of absolute nullity of void marriage may be filed solely by the
husband or the wife. (n)
(b) Where to file.–The petition shall be filed in the Family Court.
(c) Imprescriptibility of action or defense.–An action or defense for the declaration of absolute nullity of
void marriage shall not prescribe.
(d) What to allege.–A petition under Article 36 of the Family Code shall specifically allege the complete
facts showing that either or both parties were psychologically incapacitated from complying with the
essential marital obligations of marriage at the time of the celebration of marriage even if such incapacity
becomes manifest only after its celebration.
The complete facts should allege the physical manifestations, if any, as are indicative of psychological
incapacity at the time of the celebration of the marriage but expert opinion need not be alleged
 Case: Ninal vs Bayadog- Do petitioners (children of Ninal) have the personality to file a
petition to declare their deceased father‘s 2nd marriage void? The assailed marriage is under
NCC, not FC. Both codes are silent as to who can file a petition for the nullity of a marriage.
SC, by citing Tolentino (p.271) reaches the conclusion that void marriages can be questioned
even after the death of either party, & by any proper interested party.
 Case: Catalan vs CA- Sec 2(a) of AM 02-11-10-SC provides that a petition for the declaration
of absolute nullity of void marriages may be filed only by the husband or the wife. There are 2
kinds of divorce: absolute (terminates marriage) and limited (suspends marriage but leaves the
bond in full force). If the divorce decree is limited, then the 1 st wife has personality to file a
petition for the declaration of nullity of marriage on the ground of bigamy. But she should first
present as evidence the divorce decree and the foreign law allowing it.
 Case: Enrico vs Heirs- AM 02-11-10-SC applies to marriages entered into after the effectivity
of FC (Aug 3, 1988). Sec 2(a) provides that it is the sole right of either spouse to file the
petition. Only an aggrieved spouse may file, not compulsory or intestate heirs or the State
because they do not have a legal right to file. Compulsory heirs have only inchoate rights prior
to the death of their predecessor, and hence can only question the validity of the marriage upon
the death of a spouse in a proceeding for the settlement of the estate of the deceased spouse in
the regular courts. The State, on the other hand, should be concerned with the preservation of
marriage and not its dissolution.
 Case: Carlos vs Sandoval- Sec 2(a) of AM 02-11-10-SC makes it the sole tight of the
husband/wife to file the petition except in cases commenced before the effectivity of AM 02-11-
10 (Mar 15 ‘03), and marriages celebrated during the effectivity of the Civil Code. The
applicable law is NCC. The absence of provision in NCC does not mean any person can file for
nullity. It still has to be a real party-in-interest. NCC 887 excluded siblings as compulsory heirs,
but NCC 1001 and 1003 provide that if the deceased has no descendants, illegitimate children,
or spouse, then siblings (collateral relatives) shall inherit.
 Case: Ablaza vs Republic- Marriage celebrated in 1949 is under CC, so AM 02-11-10 does not
apply. Although CC is silent as to who may file for declaration of nullity of marriage, the party
still has to be a real party-in-interest. If petitioner proves himself to be a collateral relative, then
he can inherit under NCC 1001 and 1003
3. When to file action for declaration of nullity

FC 39. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe.
FC 26(2). A divorce decree obtained by foreigner spouse grants the Filipino spouse capacity to remarry [in
relation to]
FC 255. If any provision of this Code is held invalid, all the other provisions not affected thereby shall
remain valid.
FC 42(2). Affidavit of reappearance of the absent spouse: a sworn statement of the fact and circumstances
of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent
marriage, with due notice to the spouses of the subsequent marriage
FC 23. Annulment or declaration of nullity of the marriage of a minor

[in relation to]
RA 6809. An act lowering the age of majority from 21 to 18 yrs

Art. 236. Emancipation shall terminate parental authority over the person and property of the
child who shall then be qualified and responsible for all acts of civil life, save the exceptions
established by existing laws in special cases.
Contracting marriage shall require parental consent until the age of twenty-one.
4. Procedure in actions for declaration of nullity
a. Requisite for valid remarriage, see VII (E)(10)(b) above
b. Safeguards against collusion, FC 48
FC 48. The Court shall order the prosecuting atty or fiscal to appear on behalf of the State to take steps to
prevent collusion and make sure evidence is not fabricated/oppressed
 Case: Malcampo-Sin vs Sin- The fiscal presented only the ―manifestation‖ stating he found no
collusion, and did not file any pleading, motion or position paper at any stage of the proceeding.
The State‘s participation required by FC48 is not sufficient. The protection of marriage as a
sacred institution requires not just the defense of a true and genuine union, but the exposure of
an invalid one as well. So RTC erred in the dismissal (without State participation) of the petition
for the declaration of nullity of marriage.
 Case: Ancheta vs Ancheta– The RTC, in granting the motion to declare defendant in default,
and the public prosecutor for condoning it without protest, ignored Rule 18, Sec 6 of the Rules
of Court, where it‘s stated that if the defendant in an action for annulment of marriage or legal
separation fails to answer, the court shall order the prosecuting atty to make sure there‘s no
collusion, and that the evidence is not fabricated. FC 48(2) also states that in all cases of
annulment or declaration of absolute nullity of marriage, no judgment shall be based upon a
stipulation of facts or confession of judgment.
 Case: Salmingo vs Rubica– At the time the petition for declaration of nullity of marriage was
filed, the Rules of Court applied, not yet the Rule on Declaration of Absolute Nullity of Void
Marriages and Annulment of Voidable Marriages. The requirement that the trial court order the
prosecutor to investigate whether collusion exists in case the defendant in the declaration
of nullity case files no answer is addressed to the said court, not to the parties to the case nor to
their counsel. Because Atty. Rubica‘s involvement in the lapse in the prescribed procedure is
absent, he cannot be faulted for it
c. No confession of judgment, FC 48, cf. NCC 2035
FC 48. For annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting
official or fiscal to appear on behalf of the State to prevent collusion and make sure evidence is not
fabricated. In such cases, no judgment shall be based upon a stipulation of facts or confession of
judgment.
cf. NCC 2035- No compromise upon the following questions shall be valid:
1. The civil status of persons;
2. The validity of a marriage or a legal separation;
3. Any ground for legal separation;
4. Future support;
5. The jurisdiction of courts;
6. Future legitime.
d. AM No 02-11-10-SC. March 4, 2003

The Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages
 Case: Jocson vs Robles- The RTC correctly denied the motion for summary judgment because
the first paragraphs of Arts 88 and 101 of the Civil Code expressly prohibit the rendition of a
decree of annulment of a marriage upon a stipulation of facts or a confession of judgment. So
the affidavits annexed to the petition for summary judgment practically amount to these
methods not countenanced by the Civil Code.
 Case: Tolentino vs Villanueva- RTC judge denied petitioner‘s motion because he refused to
submit himself to the fiscal who had to determine whether there was collusion. Arts 88 and 101
of the CC expressly prohibit rendition of a decision in suits for annulment of marriage and legal
separation based on stipulation of facts or confession of judgment. Art 101 also provides that in
case of non-appearance of defendant, the State shall order the prosecuting atty. to investigate
possible collusion.
 Case: Salcedo-Ortanez vs CA- Wire-tapped recordings inadmissible as evidence, and is in fact a

violation of RA 4200 (An Act to Prohibit and Penalize Wire Tapping…). Writ of certiorari is
generally not available to challenge an interlocutory order, as the proper remedy is an ordinary
appeal. However, when the interlocutory order is patently erroneous, (admitting wire-tapped
recordings), SC may allow certiorari.
 Case: Pesca vs Pesca- Petitioner has failed both in her allegations in the complaint and in her
evidence to make out a case of psych incap on the part of the respondent, let alone at the time of
marriage. The term ―psychological incapacity‖ as a ground for the declaration of nullity of
marriage under Art 36 of FC has been explained in Santos and reiterated in Molina.
 Case: Carlos vs Sandoval- AM 02-11-10-SC: The grounds for declaration of absolute nullity of
marriage must be proved. Neither judgment on the pleadings nor summary judgment is allowed.
Confession of judgment also prohibited. By issuing summary judgment, TC has divested the
State of its lawful right and duty to intervene in the case. The participation of the State does not
end with the declaration of the prosecutor that no collusion exists. Active participation of the
prosecutor or Sol Gen required
5. Effects of pendency of action for declaration of nullity- Art. 49, 213
FC 49 (not about parental authority but custody) – The Court shall give paramount consideration to the
welfare of the children and their choice of the parent with whom they wish to remain.
FC 213. In case of separation of parents, parental authority shall be exercised by the parent
designated by the Court. Court shall take into account all relevant considerations, especially the choice of
the child over 7 yrs, unless the parent is unfit.
FC 198. In case of legal separation, the court may order that the guilty spouse shall give support to the
innocent one, specifying the terms of such order
FC 50. The final judgment in such cases shall provide for the liquidation, partition, and distribution of the
properties of the spouses, the custody and support of the common children, and the delivery of their
presumptive legitimes, unless such matters had been adjudicated in previous judicial proceedings.
6. Effects of res judicta
 Case: Mallion vs Alcantara- Res judicata: (1) former judgment is final; (2) it is rendered by a
court having jurisdiction over the subject matter and the parties; (3) it si a judgment on the
merits; (4) there is- between the 1st and the 2nd – identity of parties, of subject matter, and causes
of action. If the same facts or evidence sustain both acitons, the two actions are considered the
same, and a judgment in the 1st case is a bar to the 2nd. Petitioner was simply invoking different
grounds for the same cause of action.
7. Effects of final judgment declaring nullity
a. In general, FC 50-54 but see FC 147-148

FC 50. The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by Article 44 shall
also apply in the proper cases to marriages which are declared ab initio or annulled by final judgment
under Articles 40 and 45.
The final judgment in such cases shall provide for the liquidation, partition and distribution of the
properties of the spouses, the custody and support of the common children, and the delivery of third
All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be
notified of the proceedings for liquidation.
In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated in
accordance with the provisions of Articles 102 and 129.
FC 51. In said partition, the value of the presumptive legitimes of all common children, computed as of
the date of the final judgment of the trial court, shall be delivered in cash, property or sound securities,
unless the parties, by mutual agreement judicially approved, had already provided for such matters.
The children or their guardian or the trustee of their property may ask for the enforcement of the
judgment.
The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate
successional rights of the children accruing upon the death of either of both of the parents; but the value
of the properties already received under the decree of annulment or absolute nullity shall be considered
as advances on their legitime.
FC 52. The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of
the properties of the spouses and the delivery of the children's presumptive legitimes shall be recorded in
the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons.
FC 53. Either of the former spouses may marry again after compliance with the requirements of the
immediately preceding Article; otherwise, the subsequent marriage shall be null and void.
FC 54. Children conceived or born before the judgment of annulment or absolute nullity of the marriage
under Article 36 has become final and executory shall be considered legitimate. Children conceived or
born of the subsequent marriage under Article 53 shall likewise be legitimate.
FC 147. When a man and a woman who are capacitated to marry each other, live exclusively with each
other as husband and wife without the benefit of marriage or under a void marriage, their wages and
salaries shall be owned by them in equal shares and the property acquired by both of them through their
work or industry shall be governed by the rules on co-ownership
In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to
have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares.
For purposes of this Article, a party who did not participate in the acquisition by the other party of any
property shall be deemed to have contributed jointly in the acquisition thereof if the former's efforts
consisted in the care and maintenance of the family and of the household
Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired
during cohabitation and owned in common, without the consent of the other, until after the termination of
their cohabitation.
When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the
co-ownership shall be forfeited in favor of their common children. In case of default of or waiver by any
or all of the common children or their descendants, each vacant share shall belong to the respective
surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all
cases, the forfeiture shall take place upon termination of the cohabitation.
FC 148. In cases of cohabitation not falling under the preceding Article, only the properties acquired by
both of the parties through their actual joint contribution of money, property, or industry shall be owned
by them in common in proportion to their respective contributions. In the absence of proof to the
contrary, their contributions and corresponding shares are presumed to be equal. The same rule and
presumption shall apply to joint deposits of money and evidences of credit.
If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the
absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad
faith is not validly married to another, his or her shall be forfeited in the manner provided in the last
paragraph of the preceding Article.
The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith.
b. On remarriage, FC 40
FC 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the
basis solely of a final judgment declaring such previous marriage void.
 Case: Wiegel vs Sempio-Diy- No need for petitioner to prove that her first marriage was
vitiated by force bec assuming this to be so, the marriage will not be void but merely voidable,
and therefore valid until annulled. Since no annulment of 1st marriage had been made, she was
still validly married to 1st husband when she married respondent. So, her marriage to 2nd
husband is void. No need to prove 1st husband‘s prior existing marriage, for then such a
marriage though void still needs a judicial declaration of such fact.
 Case: Domingo vs CA– (1) FC40 not just for purposes of remarriage; may be invoked for
liquidation, separation of properties, custody and support, etc. (2) The declaration of absolute
nullity of marriage may be raised together with other incidents of marriage such as separation of
properties. Separation of properties will simply be one of the necessary consequences of the
judicial declaration, so no separate civil action has to be instituted. (3) 2 nd marriage though void
still needs judicial declaration of nullity.
 Case: Carino vs Carino- 1st marriage (under CC) is void since it was celebrated without a
marriage license; 2nd marriage (under FC) also void bec FC40 requires a declaration of absolute
nullity of previous marriage before one can remarry. Since both marriages are void ab initio, the
applicable property regime would be governed by Arts 147 and 148.
 Case: Bobis vs Bobis– (in conflict with Morigo) Only when the nullity of the marriage is
declared can it be held as void, and so long as there is no such declaration, the presumption is
that the marriage exists. Even if the marriage is void, it must still be declared void before any
party can remarry. Nullity of marriage cannot be invoked as a prejudicial question. The criminal
case may not be suspended on the ground of the pendency of a civil case for declaration of
nullity of marriage.
 Case: Mercado vs Tan– Petitioner filed for declaration of nullity of 1 st marriage (which was
celebrated twice: civil and church) after he had been charged of bigamy. SC held that the crime
had already been consummated since 1st marriage was presumed to subsist at the time of the 2 nd
marriage. The existing jurisprudence (as established in Domingo) is that a final judgment
declaring a marriage void is needed before remarrying (FC40).
 Case: Ty vs CA– 2nd marriage (with Ty) is valid and subsisting because FC is retroactive only
insofar as no vested rights are impaired (in this case, Ty‘s children). Also, husband married Ty
twice (civil and church), and the church wedding fortified, ratified, and confirmed the civil
wedding. Also, all the requirements for a valid marriage were present.
 Case: Morigo vs Morigo– (Not guilty of bigamy if first marriage is void / in conflict with
Bobis) Husband filed for declaration of absolute nullity of 1 st marriage after he had been
charged with bigamy. SC declared the 2nd marriage not bigamous because 1st marriage is void as
husband and 1st wife were never really married, and merely signed a marriage contract of their
own. Under the principle of retroactivity of a marriage bbeing void ab initio, husband and 1st
wife were never married from the beginning. The first element of bigamy is: the offender has
been legally married (this is absent according to SC). Different from Mercado where the 1st
marriage was solemnized twice.
 Case: Abunado vs People– Subsequent judicial declaration of nullity of 1st marriage immaterial
because prior to the declaration, the crime had already been consummated. Outcome of civil
case for annulment has no bearing upon the determination of offender‘s guilt/innocence in the
criminal case for bigamy, because all that is required for bigamy to prosper is tha the 1 st
marriage be subsisting at the time the 2nd marriage is contracted.
 Case: Jarillo vs People– Subsequent judicial declaration of nullity of marriage is not a valid
defense in the crime of bigamy considering that the 2 nd was contracted without the 1st being
declared null and void. A marriage, even one which is void or voidable, shall be deemed valid
until declared otherwise in a judicial proceeding. So even if offender eventually obtains the
declaration, the point is, both the 1st and 2nd marriages were subsisting when the 1st one was
annulled. The crime had already been consummated.
 Case: Antone vs Beronilla– FC40 exhaustively discussed in Mercado, where SC settled the
conflicting jurisprudence on ―the need for a judicial declaration of nullity of the previous
marriage.‖ After establishing FC40, SC concluded that under FC a judicial declaration of the
nullity of 1st marriage is immaterial in bigamy. One who contracts a subsequent marriage absent
a prior judicial declaration of nullity of a previous one is guilty of bigamy.
c. On rights & obligations between the former spouses
d. On the property regime of the marriage

FC 50. The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by Article 44 shall
also apply in the proper cases to marriages which are declared ab initio or annulled by final judgment
under Articles 40 and 45.
The final judgment in such cases shall provide for the liquidation, partition and distribution of the
properties of the spouses, the custody and support of the common children, and the delivery of third
All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be
notified of the proceedings for liquidation.
In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated in
accordance with the provisions of Articles 102 and 129.
FC 43 (2). The termination of the subsequent marriage referred to in the preceding Article shall produce
the following effects:
(2) The absolute community of property or the conjugal partnership, as the case may be, shall be
dissolved and liquidated, but if either spouse contracted said 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 are none, the children of the guilty
spouse by a previous marriage or in default of children, the innocent spouse
cf FC 102 (4). Upon dissolution of the absolute community regime, the following procedure shall apply
(4) The net remainder of the properties of the absolute community shall constitute its net assets,
which shall be divided equally between husband and wife, unless a different proportion or
division was agreed upon in the marriage settlements, or unless there has been a voluntary
waiver of such share provided in this Code. For purpose of computing the net profits subject
to forfeiture in accordance with Articles 43, No. (2) and 63, No. (2), the said profits shall be
the increase in value between the market value of the community property at the time of the
celebration of the marriage and the market value at the time of its dissolution
[compare with]
FC 147. If a man and a woman who are capacitated to marry each other live exclusively as husband and
wife but did not get married or had a void marriage, the property acquired by EITHER OR BOTH of
them will be governed by the rules on co-ownership.
* Article covers only an unmarried man and unmarried woman cohabitating without impediment for a
legal marriage, or married couple whose marriage was actually void
* Article does NOT cover adulterous relations
*Rules on CO-OWNERSHIP applies, not absolute community of property or conjugal partnership of

gains (their properties are not considered conjugal properties)
FC 148. In cases of cohabitation not falling under FC 147, only the properties acquired by BOTH of
them through their joint efforts will be owned by them in common proportion to their respective
contributions
If one of them is married to another person, his or her share in the co-ownership will accrue to the
conjugal partnership in his or her valid marriage.
 Case: Valdes vs QC RTC– This marriage was declared void under FC36. In a void marriage,
regardless of the cause, the property relations of the parties during the period of cohabitation is
governed by the provisions of FC147 or 148.
 Case: Sales vs Sales– There are matters of genuine concern that have to be addressed prior to the
dissolution of the property relations of the parties as a result of the declaration of nullity of their
marriage. Factual issues have to be addressed in order to determine with certainty the fair and
reasonable division and distribution of properties due to each party.
 Case: Buenaventura vs CA– The declaration of nullity of marriage carries ipso facto a judgment
for the liquidation of property (Domingo). Since this case does not involve the annulment of a
bigamous marriage, FC50, in relation to FC41-43, providing for the dissolution of the absolute
community or conjugal partnership of gains, does not apply. Rather, the general rule applies,
which is that in case a marriage is declared void ab initio, the property regime applicable is that of
equal co-ownership. FC 147/148 shall govern (Valdes). FC43 applicable only to voidable
marriages.

e. On ‗legitimes‘ of the common children
f. On the status and the custody of children FC 54, 176
g. On use of surnames
h. On hereditary rights
i. Effect of death

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PERSONS Midterm Reviewer | Bautista, Dayog, Estevez, Hautea,

Two Concepts of Law:

Law and Morals:

General Divisions of Law

Human law is divided into:

a. General or Public Law

Kinds of Specific Law

Reasons for codification:

Sources of Philippine Civil Law:

II. EFFECT AND APPLICATION OF LAWS

A. When law takes effect

NCC became effective on August 30. 1950

Chapter 5: OPERATION AND EFFECT OF LAWS

Chapter 6: OFFICIAL GAZETTE

B. Ignorance of the law

Laws referred to in this article are Philippine laws

 When new provisions substantially differentiate from those formerly in force

 Should not be applied with equal force to minors

 Ignorance may either be of law or of fact.

 Lawyer cannot be disbarred for an honest mistake or error of law

Retroactivity maybe unconstitutional when it

D. Mandatory or Prohibitory Laws

When law authorizes validity:

Object – things and services

Efficient Cause – fact that gives rise to the legal relation

NCC 2035: No compromise upon the following questions shall be valid:

H. Duty to render judgment

This doesn‘t apply to criminal prosecutions.

Does not apply to criminal prosecutions

 plurality of acts / various resolutions of a juridical question

I. Presumption and applicability of custom

Rules of Court Rule 129 (2-3):

 plurality of acts / various resolutions of a juridical question

Week shall be a period of 7 days (not in the provision)

ROC 22: COMPUTATION OF TIME

K. Applicability of penal laws

III. PERSONS & PERSONALITY

A. The concept of a „person‟ and „personality‟

B. Commencement and termination of personality

 Fetus aged 7 mos+ born alive is considered alive.

1987 Constitution, Art. II Sec 12

P.D. 603 – Child and Youth Welfare Code

 Case: Continental Steel v. Montano- R. Hortillano‘s wife miscarried; he sought

Rules of Court Rule 131 Sec. 3 (jj) – (kk)

NCC. 44. The following are juridical persons:

Private corporations are regulated by laws of general application on the subject.

Batas Pambansa Blg. 68 (Corporation Code), Sec. 2, 4, 17

C. Restrictions on civil capacity

2. Restricitions on civil capacity to act

2. AM No. 03-02-05-SC Rules on Guardianship

4. Marriage, FC 5 ; 45 (1) ; cf RA 6809

NCC 1390 (1), 1403 (par 3)

3. Those where both parties are incapable of giving consent to a contract.‖

NCC 1397, 1399

NCC 1426-1427 (These have both been repealed.)

 Case: Bambalan v. Maramba- Contracts made by intimidation are void, even if

 Case: Suan Chian v. Alcantara- A contract of sale may be ratified. Unlike

 Case: Braganza v. Villa-Abrille- If a person is benefited although he is

2. Contracts, NCC 1327 (1), 1328