Persons Up Bar Reviewer PDF

TABLE OF CONTENT
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TABLE OF CONTENT
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UP LAW BOC
PERSONS AND FAMILY RELATIONS
CIVIL LAW
FAMILY DOMICILE ...................................... 33

SUPPORT ................................................... 33
MANAGEMENT OF HOUSEHOLD .............. 34
EFFECT OF NEGLECT OF DUTY ................. 34
EXERCISE OF PROFESSION....................... 34
PERSONS AND FAMILY

RELATIONS
Effect and Application of Laws........... 1
WHEN LAWS TAKE EFFECT .......................... 1
IGNORANCE OF THE LAW ........................... 1
RETROACTIVITY OF LAWS .......................... 1
MANDATORY OR PROHIBITORY LAWS ....... 1
WAIVER OF RIGHTS ..................................... 1
REPEAL OF LAWS ........................................2
JUDICIAL DECISIONS ...................................2
DUTY TO RENDER JUDGMENT ....................2
PRESUMPTION AND APPLICABILITY OF
CUSTOM ......................................................2
LEGAL PERIODS ..........................................2
APPLICABILITY OF PENAL LAWS ................2
SPECIAL CONFLICT OF LAW RULES ............ 6
Property Relations of the Spouses .. 34

MARRIAGE SETTLEMENT RULES ............. 34
DONATIONS BY REASON OF MARRIAGE...35
ABSOLUTE COMMUNITY OF PROPERTY &
CONJUGAL PARTNERSHIP OF GAINS ........ 37
SEPARATION OF PROPERTY OF THE
SPOUSES AND ADMINISTRATION OF
COMMON PROPERTY BY ONE....................47
PROPERTY REGIME OF UNIONS WITHOUT
MARRIAGE ................................................ 49
The Family ....................................... 50

THE FAMILY AS AN INSTITUTION ............. 50
THE FAMILY HOME.................................... 50
Human Relations ............................. 10

ABUSE OF RIGHT........................................ 10
ACTS CONTRARY TO LAW ......................... 10
ACTS CONTRA BONUS MORES .................. 10
PRINCIPLE OF UNJUST ENRICHMENT ....... 10
Paternity and Filiation...................... 52

LEGITIMATE CHILDREN ............................ 52
PROOF OF FILIATION ................................ 54
ILLEGITIMATE CHILDREN ......................... 54
LEGITIMATED CHILDREN .......................... 56
Persons and Personality .................. 10

CAPACITY TO ACT ...................................... 10
DOMICILE AND RESIDENCE OF PERSON ... 14
Adoption ...........................................56
RA 8552 DOMESTIC ADOPTION LAW ..... 57
RA 8043 THE LAW ON INTER-COUNTRY
ADOPTION.................................................. 61
Marriage .............................................15
REQUISITES................................................ 15
EFFECT OF MARRIAGE CELEBRATED
ABROAD AND FOREIGN DIVORCE ............. 18
VOID AND VOIDABLE MARRIAGES ............ 19
Support ............................................ 63
WHAT IT COMPRISES .................................63

WHO ARE OBLIGED ....................................63
SUPPORT DURING MARRIAGE LITIGATION
................................................................... 64
AMOUNT ................................................... 64
WHEN DEMANDABLE ............................... 64
OPTIONS ................................................... 64
ATTACHMENT ........................................... 64
Legal Separation .............................. 29
GROUNDS ................................................. 29
DEFENSES ................................................. 30
WHEN TO FILE ........................................... 30
COOLING-OFF PERIOD AND
RECONCILIATION EFFORTS ...................... 30
CONFESSION OF JUDGMENT ..................... 31
EFFECTS OF FILING PETITION ................... 31
EFFECTS OF PENDENCY............................. 31
EFFECTS OF LEGAL SEPARATION ............. 31
RECONCILIATION ....................................... 31
Parental Authority ...........................65
GENERAL PROVISIONS ............................. 65

SUBSTITUTE AND SPECIAL PARENTAL
AUTHORITY ............................................... 66
EFFECT OF PARENTAL AUTHORITY UPON
THE PERSONS OF THE CHILDREN ............. 67
EFFECTS OF PARENTAL AUTHORITY UPON
THE PROPERTY OF THE CHILDREN .......... 68
Rights and Obligations Between

Spouses ............................................. 33
ESSENTIAL OBLIGATIONS ......................... 33
UP LAW BOC
SUSPENSION OR TERMINATION OF
PARENTAL AUTHORITY ............................ 69
CIVIL LAW
PROPERTY
Characteristics .................................. 83
Classification .................................... 83
Emancipation, as amended by
RA6809.............................................. 71
HIDDEN TREASURE .............................. 83

BASED ON MOBILITY [IMMOVABLE OR
MOVABLE] .......................................... 83
BASED ON OWNERSHIP ........................ 87
BASED ON CONSUMABILITY ................. 89
BASED ON SUSCEPTIBILITY TO
SUBSTITUTION ..................................... 89
BASED ON THE CONSTITUTION ............. 89
OTHER CLASSIFICATIONS...................... 89
Summary Judicial Proceedings in the

Family Law ......................................... 71
PROCEDURAL RULES ................................ 71
SEPARATION IN FACT ................................ 61
INCIDENTS INVOLVING PARENTAL
AUTHORITY ................................................ 72
Retroactive Effect ............................. 73
Ownership ........................................ 90
Funeral .............................................. 73
DEFINITION AND CONCEPT ...................... 90

TYPES OF OWNERSHIP ............................. 90
RIGHT IN GENERAL ................................... 90
LIMITATIONS ON OWNERSHIP ................. 92
RELATIVES DUTY AND THE RIGHT TO

ARRANGE FUNERALS .................................. 73
NATURE OF FUNERAL ................................... 73
FUNERAL EXPENSES .................................... 73
GUIDELINES IN MAKING FUNERAL
ARRANGEMENTS ......................................... 73
Accession ..........................................94
CLASSIFICATION OF ACCESSION .............. 94
Use of Surnames .............................. 74
Quieting of Title .............................. 101
SURNAMES OF CHILDREN .............................74

WIFE AFTER AND DURING MARRIAGE ...........74
CONFUSION AND CHANGE OF NAMES ...........74
IN GENERAL .............................................101
PURPOSE ..................................................101
NATURE: QUASI IN REM .......................... 102
JUSTIFICATIONS FOR QUIETING OF TITLE
.................................................................. 102
THE ACTION TO QUIET TITLE DOES NOT
APPLY ....................................................... 102
REQUIREMENTS ....................................... 102
QUIETING OF TITLE V. REMOVAL OF CLOUD
.................................................................. 103
PRESCRIPTION/NON-PRESCRIPTION OF
ACTION ..................................................... 103
Absence............................................. 74
PROVISIONAL MEASURES IN CASE OF
ABSENCE ....................................................75
SUBSEQUENT MARRIAGE CONTRACTED
WHEN ONE SPOUSE IS ABSENT ................75
DECLARATION OF ABSENCE......................75
ADMINISTRATION OF THE PROPERTY OF
THE ABSENTEE .......................................... 77
PRESUMPTION OF DEATH ......................... 77
Co-ownership ................................. 103
Civil Registrar ................................... 78
DEFINITION .............................................. 103

REQUISITES.............................................. 103
WHAT GOVERNS CO-OWNERSHIP .......... 103
CHARACTERISTICS OF CO-OWNERSHIP . 103
SOURCES OF CO-OWNERSHIP .............. 104
RIGHTS OF CO-OWNERS....................... 105
RULES ...................................................... 106
TERMINATION/ EXTINGUISHMENT.......... 107
ART. 407-413 ..............................................78

RA 9048 AS AMENDED BY RA 10172..........78
RULE 108, RULES OF COURT .................... 80
UP LAW BOC
CIVIL LAW
NO PRESCRIPTION APPLICABLE ............. 157

PRESCRIPTION DISTINGUISHED FROM
LACHES .................................................... 158
PRESCRIPTION OR LIMITATION OF
ACTIONS................................................... 158
Possession ...................................... 108

DEFINITION ............................................. 108
CONCEPT OF POSSESSION ...................... 108
CHARACTERISTICS ................................... 108
ACQUISITION OF POSSESSION ..................110
EFFECTS OF POSSESSION......................... 112
LOSS/TERMINATION OF POSSESSION .....118
OBLIGATIONS AND
CONTRACTS
Usufruct ........................................... 119

CONCEPT .................................................. 119
OBJECTS OF USUFRUCT ........................... 119
CHARACTERISTICS .................................... 119
CLASSIFICATION ....................................... 119
RIGHTS AND OBLIGATIONS OF
USUFRUCTUARY ....................................... 121
SPECIAL CASES OF USUFRUCT................ 125
RIGHTS OF THE OWNER ....................... 127
EXTINGUISHMENT/ TERMINATION ....... 127
CONDITIONS NOT AFFECTING USUFRUCT
.................................................................. 129
Obligations ...................................... 161

IN GENERAL .............................................. 161
NATURE AND EFFECT OF OBLIGATIONS . 162
DIFFERENT KINDS OF CIVIL OBLIGATIONS
.................................................................. 169
NATURAL OBLIGATIONS .......................... 181
EXTINGUISHMENT OF OBLIGATIONS ...... 182
ESTOPPEL ................................................. 191
Contracts.......................................... 191
ESSENTIAL REQUISITES ........................... 191
FORM OF CONTRACTS ............................. 196
KINDS OF CONTRACTS ............................ 196
REFORMATION OF INSTRUMENTS ......... 197
RESCISSIBLE CONTRACTS ....................... 197
VOIDABLE CONTRACTS ........................... 199
UNENFORCEABLE CONTRACTS............... 199
VOID OR INEXISTENT CONTRACTS ........ 200
EFFECT OF CONTRACTS.......................... 204
Easement ........................................ 129

CHARACTERISTICS .............................. 129
CLASSIFICATION.................................. 130
GENERAL RULES....................................... 131
RELEVANCE OF CLASSIFICATIONS ............ 131
CREATION ................................................ 132
RIGHTS AND OBLIGATIONS OF OWNERS OF
DOMINANT AND SERVIENT ESTATES ...... 133
KINDS OF LEGAL EASEMENTS ................. 134
MODES OF ACQUIRING EASEMENT......... 140
EXTINGUISHMENT OF EASEMENTS ........ 140
Quasi-Contracts ............................ 204

NEGOSTIORUM GESTIO .......................... 204
SOLUTIO INDEBITI ............................ 205

OTHER QUASI-CONTRACTS ................. 205
Nuisance ............................................. 71
NUISANCE V. TRESPASS .............................. 141
NUISANCE V. NEGLIGENCE .......................... 142
CLASSES .................................................... 142
DOCTRINE OF ATTRACTIVE NUISANCE ........ 142
LIABILITY IN CASE OF NUISANCE ................. 142
REGULATION OF NUISANCES ...................... 143
SALES
Definition and Essential Requisites
........................................................ 208
Modes of Acquiring Ownership .... 144

OCCUPATION ........................................... 145
DONATION .......................................... 145
TRADITION ............................................... 156
DEFINITION OF SALES ........................... 208

ESSENTIAL REQUISITES OF A CONTRACT
OF SALE ................................................... 208
STAGES OF CONTRACT OF SALE ............ 208
OBLIGATIONS CREATED ......................... 209
Prescription ..................................... 156

DEFINITION .............................................. 156
RATIONALE .............................................. 156
KINDS OF PRESCRIPTION ........................ 156
Parties to a Contract of Sale........... 211

CAPACITY OF PARTIES .............................. 211
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UP LAW BOC
CIVIL LAW
Subject Matter .................................213
Remedies of an Unpaid Seller...... 230
Obligations of the Seller to Transfer

Ownership ....................................... 215
Performance of Contract ............... 232
REQUISITES OF A VALID SUBJECT MATTER

.................................................................. 213
DEFINITION OF UNPAID SELLER ............ 230

REMEDIES OF UNPAID SELLER .............. 230
DELIVERY OF THING SOLD....................... 232

PAYMENT OF PRICE ................................. 233
OBLIGATIONS OF THE VENDOR IN

GENERAL.................................................. 215
SALE BY A PERSON NOT THE OWNER AT
TIME OF DELIVERY ................................... 215
SALE BY A PERSON HAVING A VOIDABLE
TITLE ........................................................ 215
Warranties.......................................234
EXPRESS WARRANTIES ...........................234
IMPLIED WARRANTIES ............................235
EFFECTS OF WARRANTIES ...................... 237
EFFECTS OF WAIVERS ............................. 237
BUYERS OPTIONS IN CASE OF BREACH OF
WARRANTY ............................................. 237
Price................................................. 216
MEANING OF PRICE ................................. 216
REQUISITES FOR A VALID PRICE ............. 216
Breach of Contract .........................239
PREPARATORY ........................................ 218

PERFECTION ........................................... 220
CONSUMMATION ..................................... 221
GENERAL REMEDIES ...............................239

REMEDIES OF THE SELLER [ARTS. 1636,
1594] ........................................................239
REMEDIES OF THE BUYER .......................243
Transfer of Ownership ....................222
Extinguishment of Sale................. 245
Formation of Contract of Sale ........ 218
CAUSES ................................................... 245

EQUITABLE MORTGAGE ......................... 246
PERIOD OF REDEMPTION ........................247
EXERCISE OF THE RIGHT TO REDEEM .... 248
LEGAL REDEMPTION ............................... 248
AGE REDEMPTION ................................... 251
OBLIGATIONS OF THE VENDOR: .............222

MANNER OF TRANSFER ..........................222
Risk of Loss ....................................... 27

GENERAL RULE ........................................ 227
WHEN LOSS OCCURRED BEFORE
PERFECTION ............................................ 227
WHEN LOSS OCCURRED AT TIME OF
PERFECTION ........................................... 227
WHEN LOSS OCCURRED AFTER
PERFECTION BUT BEFORE DELIVERY ..... 227
AFTER DELIVERY ..................................... 227
WHEN OWNERSHIP IS TRANSFERRED.... 227
The Law on Sale of Subdivision and

Condominium (PD 957) ................ 251
DEFINITIONS ............................................ 251
The Condominium Act (RA 4726) 255
Documents of Title ........................ 228
SUCCESSION
DEFINITION ............................................. 228

PURPOSE OF DOCUMENTS OF TITLE ..... 228
NEGOTIABLE DOCUMENTS OF TITLE ..... 228
NON-NEGOTIABLE DOCUMENTS OF TITLE
................................................................. 228
WARRANTIES OF SELLER OF DOCUMENTS
OF TITLE .................................................. 229
RULES ON LEVY/GARNISHMENT OF GOODS
................................................................. 229
General Provisions......................... 260
DEFINITION ............................................. 260
Testamentary Succession .............. 261

WILLS ....................................................... 261
INSTITUTION OF HEIRS ........................... 269
SUBSTITUTION OF HEIRS ........................ 271
UP LAW BOC
TESTAMENTARY DISPOSITIONS WITH A

CONDITION, A TERM, AND A MODE
LEGITIME .................................................. 272
DISINHERITANCE ..................................... 277
LEGACIES AND DEVISES ......................... 280
CIVIL LAW
RIGHT TO RETURN OF CREDIT RECEIVED
......................................................... 304
RIGHT TO INDEMNITY FOR DAMAGES .. 304
SUIT FOR DAMAGES ........................... 304
RESPONSIBILITY TO PARTNERS........... 304
Legal or Intestate Succession........283
Rights and Obligations of Partners

Inter Se ........................................... 304
GENERAL PROVISIONS ............................283

ORDER OF INTESTATE SUCCESSION .......287
OUTLINE OF INTESTATE SHARES ........... 288
RIGHT TO ASSOCIATE ANOTHER IN SHARE
......................................................... 304
Provisions Common to Testate and

Intestate Succession ..................... 289
RIGHT TO INSPECT PARTNERSHIP BOOKS
......................................................... 304
RIGHT TO FORMAL ACCOUNT .............. 305
PROPERTY RIGHTS OF PARTNERS ....... 305
OWNERSHIP OF CERTAIN PROPERTIES 305
RIGHTS IN SPECIFIC PROPERTY ........... 305
INTEREST IN PARTNERSHIP ................ 306
RIGHT OF ACCRETION ............................ 289

CAPACITY TO SUCCEED BY WILL OR
INTESTACY .............................................. 290
ACCEPTANCE AND REPUDIATION OF THE
INHERITANCE .......................................... 291
COLLATION ............................................. 292
PARTITION AND DISTRIBUTION OF ESTATE .
................................................................. 294
RIGHT TO PARTICIPATE IN MANAGEMENT
......................................................... 306
RIGHT TO PROFITS AND OBLIGATIONS FOR

LOSSES.............................................. 307
OBLIGATION TO RENDER INFORMATION
......................................................... 308
AGENCY AND
PARTNERSHIP
OBLIGATION TO ACCOUNT AND ACT AS

TRUSTEE ........................................... 308
AGENCY ......................................... 298
Obligations of the
Partnership/Partners to Third
Persons........................................... 308
Contract of Partnership ................ 298

DEFINITION........................................ 298
ESSENTIAL FEATURES ........................ 298
PARTIES ............................................ 298
OBJECT .............................................. 298
FORM ................................................ 299
DURATION ......................................... 299
RULES TO DETERMINE EXISTENCE ....... 299
KINDS................................................ 300
KINDS OF PARTNERS .......................... 300
PARTNERSHIP AND OTHER CONTRACTS
DISTINGUISHED .................................. 301
OBLIGATION TO OPERATE UNDER A FIRM

NAME ................................................ 308
LIABILITY OF PARTNERS FOR
PARTNERSHIP CONTRACTS ................. 308
LIABILITY OF PARTNERS FOR
PARTNERSHIP CONTRACTS ................. 309
CONVEYANCE OF PARTNERSHIP REAL
PROPERTY .......................................... 310
LIABILITY OF PARTNERSHIP FOR
ADMISSION BY A PARTNER .................. 310
LIABILITY OF PARTNERSHIP FOR
WRONGFUL ACTS OF A PARTNER ......... 310
LIABILITY OF THE PARTNERSHIP FOR
MISAPPLICATION OF MONEY OR PROPERTY
Rights and Obligations of the

Partnership .....................................303
.......................................................... 310
LIABILITY OF THE OTHER PARTNERS

UNDER ART. 1822 AND 1823 .................. 311
LIABILITY IN CASE OF PARTNERSHIP BY
ESTOPPEL ............................................ 311
RIGHT TO CONTRIBUTION ................... 303

RIGHT TO APPLY PAYMENT RECEIVED TO
PARTNERSHIP CREDIT ........................ 303
UP LAW BOC
LIABILITY OF AN INCOMING PARTNER .. 312

NOTICE TO OR KNOWLEDGE OF THE
PARTNERSHIP..................................... 312
CIVIL LAW
Kinds of Agency ..............................329

IN GENERAL ....................................... 329
AS TO MANNER OF CREATION ............. 329
AS TO EXTENT OF BUSINESS COVERED 329
AS TO AUTHORITY CONFERRED ........... 329
SPECIAL KINDS .................................. 329
KINDS OF AGENTS ............................... 333
Dissolution and Winding Up...........312

CONCEPTS .......................................... 312
CAUSES OF DISSOLUTION .................... 312
EFFECTS OF DISSOLUTION ................... 314
WINDING UP PARTNERS ...................... 315
RIGHTS OF PARTNERS IN CASE OF
DISSOLUTION...................................... 315
RIGHTS OF PARTNERS IN CASE OF
RESCISSION ........................................ 316
SETTLING OF ACCOUNTS BETWEEN
PARTNERS .......................................... 316
RIGHTS OF CREDITORS OF DISSOLVED
PARTNERSHIP..................................... 317
RIGHTS OF A RETIRED PARTNER OR A
REPRESENTATIVE OF DECEASED PARTNER
Powers of the Agent ...................... 333

AUTHORITY OF AN AGENT.................... 333
KINDS OF AUTHORITY.......................... 333
SCOPE OF AUTHORITY ........................ 334
POWER TO BIND THE PRINCIPAL ......... 334
EFFECTS OF THE ACTS OF AN AGENT ... 334
Obligations of Agent ...................... 335

IN GENERAL ........................................335
OBLIGATION TO CARRY OUT AGENCY ....335
OBLIGATION WHEN AGENT DECLINES ...335
OBLIGATION TO ADVANCE NECESSARY
FUNDS................................................335
OBLIGATION TO ACT IN ACCORDANCE
WITH INSTRUCTIONS ...........................336
OBLIGATION TO PREFER INTEREST OF
PRINCIPAL ..........................................336
OBLIGATION FOR THINGS RECEIVED .....336
RESPONSIBILITY FOR ACTS OF SUBSTITUTE
.......................................................... 318
RIGHT TO AN ACCOUNT ....................... 318
Limited Partnership ....................... 318

DEFINITION......................................... 318
CHARACTERISTICS .............................. 318
GENERAL AND LIMITED PARTNERS
DISTINGUISHED .................................. 318
GENERAL AND LIMITED PARTNERSHIP
DISTINGUISHED .................................. 318
FORMATION....................................... 320
MANAGEMENT ................................... 320
OBLIGATIONS OF A LIMITED PARTNER .. 321
RIGHTS OF A LIMITED PARTNER ...........322
DISSOLUTION......................................323
SETTLEMENT OF ACCOUNTS ............... 324
AMENDMENT OR CANCELLATION OF
CERTIFICATE ...................................... 324
.......................................................... 337
RESPONSIBILITY OF TWO OR MORE

AGENTS .............................................. 337
OBLIGATION FOR SUMS APPLIED TO HIS
OWN USE ............................................ 337
OBLIGATIONS TO THIRD PERSONS....... 338
OBLIGATIONS OF A COMMISSION AGENT
......................................................... 339
RESPONSIBILITY FOR FRAUD AND

NEGLIGENCE ...................................... 340
Contract of Agency .........................325
Obligations of the Principal .......... 340
DEFINITION........................................ 325
CHARACTERISTICS ............................. 325
FORMATION....................................... 325
EFFECT ............................................... 327
AGENCY AND OTHER CONTRACTS
DISTINGUISHED .................................. 327
IN GENERAL ....................................... 340

OBLIGATION TO COMPLY WITH
CONTRACTS ....................................... 340
OBLIGATION FOR COMPENSATION OF
AGENT ............................................... 340
LIABILITY FOR EXPENSES AND DAMAGES
......................................................... 340
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UP LAW BOC
CIVIL LAW
FORECLOSURE [NCC 2112, 2115] ............. 361

EFFECT OF THE SALE OF THE THING
PLEDGED [ART. 2115] .............................. 361
LEGAL PLEDGE / PLEDGE BY OPERATION
OF LAW (ARTS. 2121-2122) ....................... 361
PLEDGE AS DISTINGUISHED FROM
CHATTEL MORTGAGE [ARTS. 2140, 1484]
..................................................................362
PACTUM COMMISSORIUM.......................362
EQUITABLE MORTGAGE ..........................362
Modes of Extinguishment ..............342

IN GENERAL ....................................... 342
REVOCATION BY PRINCIPAL ................ 342
WITHDRAWAL BY AGENT .................... 343
DEATH, CIVIL INTERDICTION, INSANITY OR
INSOLVENCY ...................................... 344
ACCOMPLISHMENT OF OBJECT OR
PURPOSE ........................................... 344
DISSOLUTION OF FIRM OR CORPORATION
EXPIRATION OF TERM......................... 344
Real Mortgage ................................ 363
MORTGAGE .............................................. 363

JUDICIAL FORECLOSURE ........................ 365
EXTRAJUDICIAL FORECLOSURE [ACT NO.
3135] ........................................................365
REDEMPTION ...........................................366
CREDIT TRANSACTIONS
Credit Transactions .......................346
Antichresis ...................................... 367
SECURITY ............................................... 346

TYPES OF CONTRACTS OF SECURITY .... 346
CHARACTERISTICS .................................. 367

SPECIAL REQUISITES ............................... 367
AS DISTINGUISHED FROM OTHER
CONTRACTS ............................................. 367
OBLIGATIONS OF ANTICHRETIC CREDITOR
.................................................................. 367
REMEDIES OF CREDITOR IN CASE OF NONPAYMENT OF DEBT ................................. 368
Loan.................................................346
COMMODATUM [NCC 1935-1952] .............. 347
INTEREST AND SUSPENSION OF USURY
LAW ......................................................... 348
Deposit ........................................... 350
Chattel Mortgage ...........................368
VOLUNTARY DEPOSIT ............................ 350

NECESSARY DEPOSIT .............................. 351
JUDICIAL DEPOSIT ...................................352
CHATTEL MORTGAGE ............................. 368

CHARACTERISTICS ................................. 368
OBLIGATIONS SECURED ......................... 368
PROPERTY COVERED .............................. 368
VALIDITY OF CHATTEL MORTGAGE ........ 368
FORMAL REQUISITES ............................. 368
REGISTRATION OF CHATTEL MORTGAGE
................................................................. 368
FORECLOSURE ........................................ 368
Guaranty and Suretyship ...............352
GUARANTY...............................................352
SURETYSHIP ............................................352
GUARANTY DISTINGUISHED FROM
SURETYSHIP [ZOBEL, INC. VS. CA, 1998] 352
NATURE AND EXTENT OF GUARANTY ....353
NATURE AND EXTENT OF SURETYSHIP 355
EFFECT OF GUARANTY ........................ 356
EXTINGUISHMENT OF GUARANTY........ 359
Quasi-Contracts ............................. 370

NEGOTIORUM GESTIO (UNAUTHORIZED
MANAGEMENT) .......................................370
SOLUTIO INDEBITI (UNDUE PAYMENT) .. 371
OTHER QUASI-CONTRACTS ..................... 372
Pledge .............................................359
CHARACTERISTICS ................................. 360
KINDS ...................................................... 360
ESSENTIAL REQUISITES ......................... 360
PROVISIONS APPLICABLE ONLY TO PLEDGE
................................................................. 360
OBLIGATIONS OF PLEDGEE .................... 360
RIGHTS OF PLEDGOR............................... 361
REQUISITES FOR PERFECTION [ARTS.
2093, 2096] ............................................. 361
Concurrence and Preference of

Credits ............................................. 373
WHEN RULES ON PREFERENCE ARE
APPLICABLE ............................................. 373
CLASSIFICATION OF CREDITS ................. 373
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UP LAW BOC
CIVIL LAW
SPECIAL PREFERRED CREDITS ON SPECIFIC

MOVABLE PROPERTY [ART. 2241] .......... 374
SPECIAL PREFERRED CREDITS ON SPECIFIC
IMMOVABLE PROPERTY AND REAL RIGHTS
[ART. 2242] ............................................. 374
ORDINARY PREFERRED CREDITS [ART.
2244] ....................................................... 375
COMMON CREDITS [ART. 2245] ............. 375
Regalian Doctrine ..........................382
LAND TITLES AND DEEDS
Original Registration......................384
CONCEPT ..................................................382
EFFECTS ...................................................382
CONCEPT OF NATIVE TITLE, TIME
IMMEMORIAL POSSESSION.....................383
Citizenship Requirement ............... 383

INDIVIDUALS............................................383
CORPORATIONS ..................................... 384
CONCEPT ................................................. 384

WHO MAY APPLY .................................... 385
WHERE TO FILE ....................................... 385
PROCEDURE IN ORDINARY LAND
REGISTRATION ....................................... 386
EVIDENCE NECESSARY ........................... 390
REMEDIES ............................................... 390
PETITIONS AND MOTIONS AFTER ORIGINAL
REGISTRATION ....................................... 390
Land Title ........................................ 378

CONCEPT .................................................. 378
Deed ................................................ 378

CONCEPT .................................................. 378
ELEMENTS OF A DEED ............................. 378
Estate .............................................. 378
Judicial Confirmation of Imperfect or

Incomplete Titles ............................392
CONCEPT .................................................. 378

TYPES OF ESTATE .................................... 378
CONCEPT ..................................................392
WHEN APPLICABLE..................................392
WHO MAY APPLY .....................................392
FILING OF THE APPLICATION .................. 393
PROCEDURE IN JUDICIAL CONFIRMATION
.................................................................. 393
EVIDENCE NECESSARY TO SUBSTANTIATE
APPLICATION ........................................... 393
Land Registration ........................... 378

CONCEPT .................................................. 378
NATURE OF LAND REGISTRATION .......... 378
LAWS IMPLEMENTING LAND
REGISTRATION ........................................ 379
PURPOSES OF LAND REGISTRATION ...... 379
OBJECT OF REGISTRATION...................... 379
CLASSIFICATION OF LANDS .................... 379
Cadastral Registration ...................394

CONCEPT ................................................. 394
PROCEDURE IN CADASTRAL
REGISTRATION ...................................... 394
DISALLOWANCE OF REOPENING
CADASTRAL CASES................................. 395
Torrens System ............................... 379

CONCEPT .................................................. 379
HISTORY .................................................. 380
ADVANTAGES ......................................... 380
NATURE .................................................. 380
PURPOSE ................................................ 380
ADMINISTRATION OF THE TORRENS
SYSTEM ................................................... 380
CERTIFICATE OF TITLE ............................ 380
EFFECT OF REGISTRATION UNDER THE
TORRENS SYSTEM ................................... 381
EFFECT OF NON-REGISTRATION .............382
DEALINGS IN LAND BEFORE ISSUANCE OF
DECREE ....................................................382
LACHES ....................................................382
Subsequent Registration ...............395

CONCEPT ................................................. 395
NECESSITY AND EFFECTS OF
REGISTRATION TWO TYPES OF DEALINGS
................................................................. 395
TWO TYPES OF DEALINGS ...................... 395
Non-Registrable Properties.......... 400

CONCEPT ................................................. 400
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UP LAW BOC
CIVIL CODE PROVISIONS DEALING WITH

NON-REGISTRABLE PROPERTIES .......... 400
SPECIFIC KINDS OF NON-REGISTRABLE
PROPERTIES OR LANDS ......................... 400
CIVIL LAW
LEGAL CAUSE ........................................... 417

DOCTRINE OF LAST CLEAR CHANCE ....... 418
CONTRIBUTORY NEGLIGENCE................. 419
Legal Injury ..................................... 419
Dealings with Unregistered Lands.. 42
CLASSES OF INJURY ................................ 419
EFFECTS OF TRANSACTIONS COVERING

UNREGISTERED LAND ............................ 402
PRIMARY ENTRY BOOK AND
REGISTRATION BOOK ............................. 402
PROCESS OF REGISTRATION.................. 402
THIRD PARTY WITH A BETTER RIGHT NOT
PREJUDICED............................................ 402
INVOLUNTARY DEALINGS IN
UNREGISTERED LANDS .......................... 402
Intentional Torts ............................ 420

CONCEPT ................................................. 420
VIOLATIONS OF A PERSONS SECURITY
AND PHYSICAL INJURIES ....................... 420
MALICIOUS PROSECUTION......................423
DEFAMATION, FRAUD AND PHYSICAL
INJURIES ................................................. 424
UNJUST DISMISSAL ................................ 425
INTERFERENCE WITH RELATIONS ......... 425
Negligence ..................................... 429
TORTS AND DAMAGES
TEST OF NEGLIGENCE............................. 429

STANDARD OF CARE .............................. 430
STANDARD OF CARE NEEDED IN SPECIFIC
CIRCUMSTANCES .................................... 430
EVIDENCE .................................................432
PRESUMPTION OF NEGLIGENCE .............432
TORTS .......................................... 404

Principles ....................................... 404
ABUSE OF RIGHT..................................... 404
ACTS CONTRARY TO LAW....................... 405
ACTS CONTRARY TO MORALS ................ 405
UNJUST ENRICHMENT ............................ 406
Special Liability in Particular Cases

......................................................... 437
PRODUCTS LIABILITY .............................. 437
CONSUMER ACT...................................... 438
NUISANCE ............................................... 440
VIOLATION OF CONSTITUTIONAL RIGHTS
................................................................. 442
Classification of Torts .....................407

ACCORDING TO MANNER OF COMMISSION
................................................................. 407
ACCORDING TO SCOPE ........................... 407
Strict Liability ................................. 446
The Tortfeasor ................................407

THE DIRECT TORTFEASOR ..................... 407
PERSONS MADE LIABLE FOR OTHERS ... 407
JOINT TORTFEASORS .............................. 415
POSSESSOR AND USER OF AN ANIMAL. 446

NUISANCE ............................................... 446
PRODUCTS LIABILITY (SUPRA) .............. 447
CONSUMER ACT...................................... 447
Acts of Omission and Its Modalities

......................................................... 415
DAMAGES ................................... 450

Definition........................................ 450
Classification.................................. 450
Proximate Cause ............................ 416
ACCORDING TO PURPOSE ...................... 450

ACCORDING TO MANNER OF
DETERMINATION .................................... 450
SPECIAL AND ORDINARY ....................... 450
CONCEPT OF PROXIMATE CAUSE ........... 416

DEFINITION .............................................. 416
TESTS TO DETERMINE PROXIMATE CAUSE
.................................................................. 417
CAUSE vs. CONDITION ............................. 417
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Actual and Compensatory Damages

........................................................ 450
ALLEGED AND PROVED WITH CERTAINTY
.................................................................. 451
COMPONENTS.......................................... 451
EXTENT OR SCOPE OF ACTUAL DAMAGES
................................................................. 453
Moral Damages ............................. 456

WHEN AWARDED .................................... 456
GENERAL PRINCIPLES OF RECOVERY .... 456
WHEN RECOVERABLE............................. 458
Nominal Damages ........................ 460

WHEN AWARDED .................................... 460
Temperate Damages .................... 460

Liquidated Damages...................... 461
RULES GOVERNING BREACH OF CONTRACT
.................................................................. 461
Exemplary or Corrective Damages 461

WHEN RECOVERABLE............................. 462
GENERAL PRINCIPLES ............................ 462
DAMAGES IN CASE OF DEATH CAUSED BY
CRIMES AND QUASI-DELICTS ................. 463
Graduation of Damages ................463

DUTY OF THE INJURED PARTY ............... 463
BURDEN OF PROOF ................................ 464
RULES ..................................................... 464
GROUNDS FOR MITIGATION OF DAMAGES
................................................................. 464
Miscellaneous Rules ..................... 465

DAMAGES THAT CANNOT CO-EXIST ...... 465
DAMAGES THAT MUST CO-EXIST ........... 465
DAMAGES THAT MUST STAND ALONE .. 465
14
CIVIL LAW
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CIVIL LAW
Effect and Application of

Laws
RETROACTIVITY OF LAWS
WHEN LAWS TAKE EFFECT
General rule: All statutes are to be construed as

having only prospective operation
Art. 2, CC. 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. (as
amended by E.O. 200)
Exception: When the law itself expressly

provides
Art. 4, CC. Laws shall have no retroactive effect,

unless the contrary is provided.
The Civil Code took effect on August 30, 1950.
Exceptions to Exception:
(1) Ex post facto law
(2) Impairment of contract
(3) In case of remedial statutes
(4) In case of curative statutes
(5) In case of laws interpreting others
(6) In case of laws creating new rights [(Bona v.
Briones (1918)]
(7) Penal laws favorable to the accused
General rules:
The clause "unless it is otherwise provided"
refers to the date of effectivity and not to the
requirement of publication itself, which
cannot in any event be omitted. [Tanada v.
Tuvera (1986)]
Publication is indispensable in every case, but
the legislature may in its discretion provide
that the usual fifteen-day period shall be
shortened or extended. [Tanada v. Tuvera
(1986)]
ACTS CONTRARY TO LAW

Art. 5, CC. Acts executed against the provisions
of mandatory or prohibitory laws shall be void,
except when the law itself authorizes their
validity.
Exception: Interpretative regulations and those

internal in nature [Tanada v. Tuvera (1986)]
WAIVER OF RIGHTS
IGNORANCE OF THE LAW
Art. 6, CC. Rights may be waived, unless the

waiver is contrary to law, public order, public
policy, morals, or good customs, or prejudicial to
a third person with a right recognized by law.
Art. 3, CC. Ignorance of the law excuses no

one from compliance therewith.
Conclusive Presumption That everyone knows
the law, even if they have no actual knowledge
of the law
Waiver the relinquishment of a known right

with both knowledge of its existence and an
intention to relinquish it. [Portland v. Spillman]
Mistake of Fact & Difficult Questions of Law These may excuse a party from the legal
consequences of his conduct; but not ignorance
of law.
In specific instances provided by law, mistake
as to difficult legal questions has been given
the same effect as a mistake of fact.
[Tolentino]
The laws referred to by this article are those of
the Philippines. There is no conclusive
presumption of knowledge of foreign laws.
[Tolentino]
Exceptions:
(1) If the waiver is contrary to law, public order,
public policy, morals or good customs;
(2) If the waiver prejudices a third person;
(3) If the alleged rights do not yet exist;
(4) If the right is a natural right.
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CIVIL LAW
Exception:
This article does not apply to criminal
prosecutions because where there is no law
punishing an act, the case must be dismissed.
[Tolentino]
REPEAL OF LAWS
Art. 7, CC. Laws are repealed only by
subsequent ones, and their violation or nonobservance shall not be excused by disuse, or
custom or practice to the contrary.
PRESUMPTION AND APPLICABILITY

OF CUSTOM
When the courts declared a law to be

inconsistent with the Constitution, the former
shall be void and the latter shall govern
Art. 10, CC. In case of doubt in the interpretation

or application of laws, it is presumed that the
lawmaking body intended right and justice to
prevail.
Administrative or executive acts, orders and

regulations shall be valid only when they are not
contrary to the laws or the Constitution
Art. 11, CC. Customs which are contrary to law,

public order or public policy shall not be
countenanced.
TWO KINDS OF REPEAL OF LAW
[Tolentino]
(1) Express or Declared contained in a special
provision of a subsequent law
(2) Implied or Tacit takes place when the
provisions of the subsequent law are
incompatible or inconsistent with those of
an earlier law.
Art. 12, CC. A custom must be proved as a fact,

according to the rules of evidence.
LEGAL PERIODS
Art. 13, CC. When the laws speak 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 twentyfour hours; and nights from sunset to sunrise.
JUDICIAL DECISIONS
Art. 8, CC. Judicial decisions applying or
interpreting the laws or the Constitution shall
form a part of the legal system of the
Philippines.
If months are designated by their name, they

shall be computed by the number of days which
they respectively have.
Jurisprudence cannot be considered as an

independent source of law; it cannot create law.
[1 Camus 38 as cited in Tolentino]
In computing a period, the first day shall be

excluded, and the last day included
POLICY ON LAST DAY BEING A

LEGAL HOLIDAY/SUNDAY
But the Courts interpretation of a statute

constitutes part of the law as of the date it was
originally passed since the Courts construction
merely establishes contemporaneous legislative
intent that the interpreted law carried into
effect. [Senarillos v. Hermosisima (1956)]
DUTY TO RENDER JUDGMENT
If the period arises by statute or orders by the

government, the last day will automatically be
considered the next working day
If the period arises from a contractual
relationship, the act will still be due on that
Legal Holiday/Sunday
General Rule:
APPLICABILITY OF PENAL LAWS
Art. 9, CC. No judge or court shall decline to

render judgment by reason of the silence,
obscurity or insufficiency of the laws.
Art. 14, CC. Penal laws and those of public

security and safety shall be obligatory upon all
who live or sojourn in the Philippine territory,
subject to the principles of public international
law and to treaty stipulations.
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It is the nationality or citizenship of the

individual, which regulates the following
(1) Civil status
(2) Capacity
(3) Condition
(4) Family rights and duties
(5) Laws on Succession
(6) Capacity to succeed
EXEMPTIONS UNDER
INTERNATIONAL LAW (THEORY OF
EXTRATERRITORIALITY):
(1) When the offense is committed by a foreign

sovereign while in Philippine territory
(2) When the offense is committed by
diplomatic representatives
(3) When the offense is committed in a public
or armed vessel of a foreign country.
According to the Supreme Court, it is a conflict

of laws theory by virtue of which jurisdiction over
the particular subject matter affecting a person
is determined by the latters nationality. [Ellis vs.
Republic (1963)]
CONFLICT OF LAWS
CONFLICT OF LAWS/
INTERNATIONAL LAW
PRIVATE
Art. 16, CC. Real property as well as personal

property is subject to the law of the country
where it is situated.
(1) It is a branch or part of Philippine Law which

regulates the application of foreign law
within Philippine jurisdiction in the
resolution of cases involving foreign
elements.
(2) It is that part of municipal law which
governs cases involving a foreign element.
(3) Private International Law is more commonly
known in other jurisdictions as conflict of
laws
However,
intestate
and
testamentary
succession, both with respect to the order of
succession and to the amount of successional
rights and to the intrinsic validity of
testamentary provisions, shall be regulated by
the national law of the person whose succession
is under consideration, whatever may be the
nature of the property and regardless of the
country wherein the property may be found.
SOURCES
(1) Codes and statutes

(2) Treaties and international conventions
(3) Treatises, commentaries, and studies of
learned societies
(4) Judicial decisions
RULE ON PROPERTY
Controlling Law: Lex Situs/Lex ReiSitae

General Rule: Real and Personal Property is
subject to the law of the country where it is
situated [Art. 16, CC]
EXAMPLES OF CONFLICT OF LAW

RULES IN THE PHILIPPINES
(1)
(2)
(3)
(4)
(5)
(6)
(7)
CIVIL LAW
APPLICATION OF THE DOCTRINE OF LEX

SITUS/LEX REISITAE
(1) The capacity to transfer or acquire property
is governed by Lex Situs.
Lex Patriae [Art. 15, CC]

Lex Domicili [Art. 1251 (par. 3), CC]
Lex Situs/ Lex Rei Sitae [Art. 16, CC]
Lex Loci Contractus [Art. 17 (par. 1), CC]
Lex Loci Celebrationis [Art. 71, CC]
Lex Loci Celebrationis [Art. 26 (par. 1), FC]
Lex Loci Intentionis [Art. 1306, CC]
Note: Transfer of property to a foreigner who

subsequently became a Filipino citizen shall be
recognized [Llantino vs. Co Liong Chong]
Art. 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.
(2) The formalities of a contract to convey

property are governed by Lex Situs
Most civil law countries such as the Philippines

follow the NATIONAL LAW THEORY:
(1) Transactions Not Affecting Transfer of Title

or Ownership of Land: Lex Intentionis or Lex
Voluntatis
EXCEPTIONS TO LEX SITUS
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(2) Contracts where Real Property Offered as

Security: The principal contract is the loan
while the mortgage of the land is only an
accessory
(a) Mortgage Lex Situs
(b) Loan Contract Rules on ordinary
contracts
CIVIL LAW
RULE ON SUCCESSION
EXTRINSIC VALIDITY [ARTS. 17, 815-817, CC]
Place of Execution
Applicable Law
Filipino Testator
Philippines
(3) Intestate and Testamentary Succession:

Intestate and testamentary successions
shall be regulated by the national law of the
decedent, with respect to the following (Art.
16(2), CC; Art. 1039, CC)
(a) Order of succession
(b) Amount of successional rights
(c) Intrinsic validity of the testamentary
provisions
(d) Capacity to succeed
Philippine Law
Foreign Country
(1) Law of the place

where he may be
(lex
loci
celebrationis) [Art
815, CC]
(2) Philippine law [III
Tolentino 117]
Alien Testator
Philippines
(1) Philippine Law [Art.

17, CC]
(2) Law of the country
in which he is a
citizen or subject
(lex nationali) [Art.
817, CC]
Foreign Country [Art.

816, CC; Art. 17, CC]
(1) Law of the place in

which he resides
(lex domicilii)
(2) Law of his country
(lex nationali)
(3) Philippine law
where they were
executed (lex loci
celebrationis)
(4) Under a Policy-centered Approach: Forum

court is not bound to look to the law of the
situs when the situs of the movable property
is insignificant or accidental
Questions relating to the validity and effect of
the transfer of the movable property are
governed by the law of the place of principal
use
Where the issue involves considerations other
than the validity and effect of the transfer
itself, governing law is the law of the state
which has real interest
RULE RE: JOINT WILLS

(1) Joint wills prohibited under Art. 818
executed by Filipinos in a foreign country
shall not be valid in the Philippines even
though authorized by the laws of the
country where they were executed. (Art. 819)
(2) Civil Code is silent as to the validity of a joint
will executed by an alien in the Philippines.
It is suggested that it should not be
probated if it would affect the heirs in the
Philippines.
INTRINSIC VALIDITY
Intestate and testamentary successions shall be
regulated by the national law of the decedent,
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with respect to the following [Art. 16(2), CC; Art.

1039, CC]:
(1) Order of succession
(2) Amount of successional rights
(3) Intrinsic validity of the testamentary
provisions
(4) Capacity to succeed
(b) The testator had his domicile in the

foreign country and not in the
Philippines
(c) The will has been admitted to probate in
such country
(d) The fact that the foreign tribunal is a
probate court
(e) The laws of the foreign country on
procedure and allowance of wills
INTERPRETATION OF WILLS
Governed by the National Law of the decedent.
ADMINISTRATION OF ESTATES
Territorial: governed by the law of the place
where the administration takes place, and that
is the law of the country from which the
administrator derives his authority.
REVOCATION
Testator
Applicable Law
Will is revoked in the Philippines

Philippine Domiciliary
CIVIL LAW
TRUSTS
Extrinsic validity: Rule governing wills apply.
Intrinsic validity: lex situs since a trust involves
property [Art. 17, CC]
Philippine Law
Non-domiciliary [Art.
Philippine Law
829, CC]
Will is revoked in a Foreign Country
(1) Philippine Law
(2) Law of the place of
Philippine Domiciliary
revocation (lex loci
actus)
where the will was
made
Non-domiciliary [Art. (2) Law of the place in
829, CC]
which the testator
had his domicile at
the time of the
revocation
Art. 17, CC. The forms and solemnities of

contracts, wills, and other public instruments
shall be governed by the laws of the country in
which they are executed.
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.
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.
PROBATE OF WILLS
Controlling Law: The probate of a will being
essentially procedural in character, the law of
the forum (lex fori) governs.
RULE ON EXTRINSIC VALIDITY OF

CONTRACTS
Wills Proved and Allowed in a Foreign

Country:
(1) A will proved and allowed in a foreign
country in accordance with the laws of that
country may be allowed, filed, and recorded
in the proper Regional Trial Court in the
Philippines [Rule 77, Sec.1, Rules of Court]
(2) Requisites for Reprobate [Vda. de Perez vs.
Tolete (1994)] The following must be
proved by competent evidence:
(a) Due execution of the will in accordance
with the foreign laws
GENERAL RULE: LEX LOCI CELEBRATIONIS

The forms and solemnities of contracts xxx shall
be governed by the laws of the country in which
they are executed [Art. 17, CC]
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CONTRACTS BEFORE
DIPLOMATIC/CONSULAR OFFICIALS
The solemnities established by Philippine laws
shall be observed with respect to contracts
executed before diplomatic or consular officials
of the Republic of the Philippines in a foreign
country [Art. 17(2), FC]
CIVIL LAW
unless there are cogent reasons for not

doing so.
(b) Implied
Based
on
the
contemporaneous and subsequent acts
of the parties; often upheld with
reference to the rule of validity of
contracts which presumes that the
parties contemplate to enter into a valid
contract
CONTRACTS ENTERED INTO BY LETTER/

CABLEGRAM, ETC.
A contract accepted by letter or cablegram is
presumed to have been entered into at the
place where the offer was made. (Art. 1319(2))
Art. 18, CC. In matters which are governed by

the Code of Commerce and special laws, their
deficiency shall be supplied by the provisions of
this Code.
THREE POSSIBLE LAWS
Exceptions to the article: Those where special

laws are made to apply suppletorily to the Civil
Code.
(1) Lex Loci Contractus Law of the place where

the contract is made
(a) Advantages
(i) Relative ease in establishing
(ii) Certainty and stability
(b) Disadvantage: Unjust results when
place of making is entirely incidental
e.g. Contract of transportation by common

carriers: In all matters not regulated by this
Code, the rights and obligations of common
carriers shall be governed by the Code of
Commerce and by special laws.[Art. 1766, CC]
Note: To determine where the contract is

made, we look to the place where the last
act is done which is necessary to bring the
binding agreement into being so far as the
acts of the parties are concerned.
SPECIAL CONFLICT OF LAW

RULES
MARRIAGE
(2) Lex Loci Solutionis Law of the place of

performance governs
(a) Advantage Always connected to the
contract in a significant way
(b) Disadvantage Not helpful when the
contract is performed in 2 or more
states with conflicting laws
DEFINITION
Art. 1, FC. Marriage is a special contract of
permanent union between a man and a woman
entered into in accordance with law for the
establishment of conjugal and family life. It is
the foundation of the family and an inviolable
social institution whose nature, consequences,
and incidents are governed by law and not
subject to stipulation, except that marriage
settlements may fix the property relations
during the marriage within the limits provided
by this Code.
(3) Lex Loci Intentionis Law intended by the

parties
Basis: The contracting parties may establish
such stipulations, clauses, terms and
conditions as they may deem convenient,
provided they are not contrary to law,
morals, good customs, public order, or
public policy [Art. 1306, CC]
EXTRINSIC VALIDITY OF MARRIAGE

Formal Requisites of Marriage under
Philippine Law [Art. 3, FC] extraneous to
the parties
(1) Authority of the solemnizing officer
May be express or implied

(a) Express when the parties stipulate
that the contract be governed by a
specific law, such law will be recognized
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(2) Valid marriage license except in the cases

provided for in Chapter 2 of Title I
(marriages of exceptional character)
(3) A marriage ceremony which takes place
with the appearance of the contracting
parties before the solemnizing officer and
their personal declaration that they take
each other as husband and wife in the
presence of not less than two witnesses of
legal age.
CIVIL LAW
(a) Marriages between ascendants and

ascendants of any degree, whether
legitimate or illegitimate; and
(b) Marriages between brothers and sisters,
whether of the full or half-blood
(7) Void marriages for reasons of public policy
[Art. 38, FC]
(a) Marriages between collateral blood
relatives, whether legitimate or
illegitimate, up to the 4th civil degree
(b) Marriages between step-parents and
step-children.
(c) Marriages between the adopting parent
and adopted child
(d) Marriages between the surviving spouse
of the adopting parent and the adopted
child
(e) Marriages between the surviving spouse
of the adopted child and the adopter
(f) Marriages between an adopted child
and a legitimate child of the adopter
(g) Marriages between adopted children of
the same adopter
(h) Marriages between parties where one,
with the intention to marry the other,
killed that other person's spouse, or his
or her own spouse.
Determination of Extrinsic Validity

Art. 26, FC. 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. xxx
Art. 2, Hague Convention. Formal requirements
for marriage are governed by the law of the
state of celebration.
General rule: Lex Loci Celebrationis
Exceptions: The following marriages are void
even if valid in the country where celebrated
[Art. 26, FC]:
(1) Those contracted by any party below 18
years of age even with the consent of
parents or guardians [Art. 35(1), FC]
(2) Bigamous or polygamous marriages not
falling under Art. 41, FC [Art. 35 (4), FC]
(3) Those contracted thru mistake of one
contracting party as to the identity of the
other [Art. 35(5), FC]
(4) Those subsequent marriage without
recording in the civil registry the judgment of
annulment or declaration of nullity,
partition and distribution of properties and
the delivery of the childrens presumptive
legitimes [Art. 35(6), FC]
(5) 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, even if such incapacity becomes
manifest only after solemnization [Art. 36,
FC]
(6) Incestuous marriages [Art. 37, FC]
These exceptions put into issue the capacity of

the parties to enter into the marriage and
therefore relate to the substantive requirement
for marriage and is governed by lex nationalii.
INTRINSIC VALIDITY OF MARRIAGE
Refers to capacity of a person to marry
Intrinsic validity is determined by the parties
personal law, which may be their domiciliary or
national law.
Laws relating to Family rights and duties,
Status, Condition or Legal capacity of persons
are binding on citizens of the Philippines, even
though living abroad [Art. 15, CC]
When either or both contracting parties are
citizens of a foreign country, it shall be
necessary for them to submit a certificate of
legal capacity to contract marriage, issued by
their respective diplomatic or consular officials,
before they can obtain a marriage license [Art.
21, FC]
Marriages enumerated under Art. 26(2), FC
are void even if valid in the country where
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celebrated. This is in relation to Art. 5, CC,

where acts executed against the provisions of
mandatory or prohibitory laws are void.
CIVIL LAW
Under Philippine law, personal relations

between the spouses include [Arts. 68, 70-71,
FC]:
(1) Mutual fidelity
(2) Respect
(3) Cohabitation
(4) Support
(5) Right of the wife to use the husbands
family name
Essential Requisites of Marriage under Philippine

Law [Art. 2, FC] concerns parties themselves
(1) Legal capacity of the contracting parties
who must be male and female
(2) Consent freely given in the presence of the
solemnizing officer
Property relations
(1) The Hague Convention declares that the
governing law on matrimonial property is:
(a) The internal law designated by the
spouses before the marriage
(b) In the absence thereof, the internal law
of the state in which the spouses fix
their habitual residence
(2) Rule under Philippine law (Art. 80, FC)
(a) In the absence of a contrary stipulation
in the marriage settlements, the
property relations of the spouses shall
be governed by Philippine laws,
regardless of the place of the
celebration of the marriage and their
residence.
The Hague Convention on Validity of Marriages

allows a contracting state to refuse recognition
of the marriage in the ff. cases:
(1) One of the parties did not freely Consent
(2) Spouses were Related, by blood or adoption
(3) One of the parties did not have the Mental
capacity to consent
(4) One of the spouses was already Married
(5) One of the parties has not attained the
Minimum age, nor acquired the necessary
dispensation
Rule on Proxy Marriages
Proxy marriages, where permitted by the law of
the place where the proxy participates in the
marriage ceremony, are entitled to recognition
in countries adhering to the lex loci celebrationis
rule, at least insofar as formal validity is
concerned.
Rule is inapplicable:
(i) If both spouses are aliens
(ii) With respect to the extrinsic validity
of the contracts affecting property
not situated in the Philippines and
executed in the country where the
property is located
(iii) With respect to the extrinsic validity
of contracts entered into in the
Philippines but affecting property
situated in a foreign country whose
laws require different formalities for
its extrinsic validity.
(3) Doctrine of Immutability of Matrimonial
Property Regime The change of nationality
on the part of the husband or wife does not
affect the original property regime except
when the law of the original nationality
itself changes the marital regime, hence,
the property regime has to change
accordingly.
Internal Philippine law, however, does not

sanction proxy marriages. Arts. 2 and 3 FC both
require that the contracting parties personally
appear before the solemnizing officer for the
marriage to be valid.
Consular Marriages
Marriages between Filipino citizens abroad may
be solemnized by a consul-general, consul or
vice consul of the Republic of the Philippines
(Art. 10, FC).
EFFECTS OF MARRIAGE
Personal relations between the spouses
Governed by the national law of the parties
If the spouses have different nationalities,
generally the national law of the husband may
prevail as long as it is not contrary to law,
customs and good morals of the forum.
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CIVIL LAW
obtained abroad by the alien spouse of a

Filipino citizen before the FC became effective.
DIVORCE AND SEPARATION

RULE UNDER THE HAGUE CONVENTION
The granting of divorce or separation must
comply with the national law of the spouses and
lex fori (law of the place where the application
for divorce is made).
Paragraph 2 of Article 26 should be interpreted

to include cases involving parties who, at the
time of the celebration of the marriage were
Filipino citizens, but later on, one of them
becomes naturalized as a foreign citizen and
obtains a divorce decree. The Filipino spouse
should likewise be allowed to remarry as if the
other party were a foreigner at the time of the
solemnization of the marriage. The reckoning
point is not the citizenship of the parties at the
time of the celebration of the marriage, but their
citizenship at the time a valid divorce is obtained
abroad by the alien spouse capacitating the
latter to remarry. [Republic v. Orbecido (2005)]
DIVORCE DECREES OBTAINED BY FILIPINOS

General rule: Decrees of absolute divorce
obtained by Filipinos abroad have no validity
and are not recognized in Philippine
Jurisdiction.
Statutory bases:
(1) 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 [Art.
15, CC]
(2) 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, or by
determinations or conventions agreed upon
in a foreign country. [Art. 17(3), CC]
VALIDITY OF FOREIGN DIVORCE BETWEEN

FOREIGNERS
A foreign divorce will be recognized in all
contracting states if, at the date of the
institution of the proceedings:
(1) Either spouse had his habitual residence
there;
(2) Both spouses were nationals of that state;
or
(3) If only the petitioner was a national, he
should have his habitual residence there
(Hague Convention on the Recognition of
Divorce and Legal Separation)
Exception:
Art. 26(2), FC. 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
While there is no provision of law requiring

Philippine courts to recognize a foreign divorce
decree between non-Filipinos such will be
recognized under the principle of international
comity, provided that it does not violate a
strongly held policy of the Philippines. The
divorce decree obtained by a foreign citizen may
be given recognition in Philippine jurisdiction
upon proof of existenceof the divorce decree
and the foreign law governing the divorce.
[Garcia v. Recio (2001)]
Owing to the Nationality Principle, only

Philippine nationals are covered by the policy
against absolute divorces, the same being
considered contrary to our concept of public
policy and morality. However, aliens may obtain
divorces abroad, provided they are valid
according to their national law. And the
marriage tie, when thus severed as to one party,
ceases to bind the other (allowing the Filipino to
remarry). [Van Dorn v. Romillo, Jr. (1985)]
ANNULMENT AND DECLARATION OF

NULLITY
JURISDICTION TO ANNUL
(1) Lex loci celebrationis; or
(2) Place of matrimonial domicile
Note: The Van Dorn case was decided prior to

the effectivity of the FC. It can thus serve as a
basis for the recognition of divorce decree
PAGE 9
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GOVERNING LAW
(1) Lex loci celebrationis determines the
consequences of any defect as to form
(2) In general, the same applies with reference
to substantive or intrinsic validity. But with
regard to capacity of the parties to marry,
national law is determinative.
CIVIL LAW
The conduct of a woman of adult age,

maintaining intimate sexual relations with
appellant, with repeated acts of intercourse is
incompatible with the idea of seduction.
[Tanjanco v. Court of Appeals (1966)]
PRINCIPLE
ENRICHMENT
Human Relations
OF
UNJUST
Art. 22, CC. Every person who through an act of

performance by another, or any other means,
acquires or comes into possession of something
at the expense of the latter without just or legal
ground, shall return the same to him.
ABUSE OF RIGHT
Art. 19, CC. Every person must, in the exercise of
his rights and in the performance of his duties,
act with justice, give everyone his due, and
observe honesty and good faith.
Art. 22
(Accion in Rem Verso)
Art. 2154
(Solutio Indebiti)
Not necessarily a Payment should be

mistake in payment
made by mistake
ACTS CONTRARY TO LAW
Persons and Personality
Art. 20, CC. Every person who, contrary to law,

wilfully or negligently causes damage to
another, shall indemnify the latter for the same.
CAPACITY TO ACT
ACTS CONTRA BONUS MORES
CIVIL PERSONALITY
Art. 21, CC. Any person who wilfully causes loss

or injury to another in a manner that is contrary
to morals, good customs or public policy shall
compensate the latter for the damage.
Art. 37, CC. Juridical capacity, which is the fitness

to be the subject of legal relations, is inherent in
every natural person and is lost only through
death. Capacity to act, which is the power to do
acts with legal effect, is acquired and may be
lost.
Mere breach of promise to marry is not an

actionable wrong. But to formally set a wedding
and go through all the above-described
preparation and publicity, only to walk out of it
when the matrimony is about to be solemnized,
is quite different. This is palpably and
unjustifiably contrary to good customs for which
defendant must be held answerable in
damages in accordance with Article 21
aforesaid. [Wassmer v. Velez (1964)]
Juridical Capacity
Fitness of man to be the
subject of legal relations
Passive
Aptitude for the Holding
and Enjoyment of rights
Inherent in natural persons
Lost upon death
Article 21 may also be applied in a breach of

promise to marry where the woman is a victim
of moral seduction. Award of damages pursuant
to Article 21 is justified not because of such
promise to marry but because of the fraud and
deceit behind it and the willful injury to her
honor and reputation which followed thereafter.
[Baksh vs. Court of Appeals (1993)]
Can exist without capacity

to act
Cannot be limited or
restricted
Capacity to Act
Power to do acts with
legal effect
Active
Aptitude for the
Exercise of rights
Must be acquired
Lost through death
and other causes
Must
exist
with
juridical capacity
May be restricted or
limited
Juridical capacity can exist even without capacity

to act; the existence of the latter implies that of
the former.
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CIVIL LAW
BIRTH
DEATH
Art. 40, CC. Birth determines personality; but the

conceived child shall be considered born for all
purposes favorable to it, provided that it be born
later with the conditions specified in the
following article.
Art. 42, CC. 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.
Criminal liability ends with death but civil
liability may be charged against the estate
[People v. Tirol, (1981)].
Art. 41, CC. For civil purposes, the fetus is

considered born if it is alive at the time it is
completely delivered from the mothers 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.
Art. 43, CC. 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.
Birth complete removal of the fetus from the

mothers womb; before birth, a fetus is merely
part of the mothers internal organs.
Proof that the fetus was alive upon separation is
complete respiration test/sign of independent
life
Intra-Uterine Life
7 months or more
Less than 7 months
Article 43 provides a statutory presumption

when there is doubt on the order of death
between persons who are called to succeed each
other (only).
When Considered Born

Alive upon delivery
Alive
only
after
completion of 24
hours from delivery
The statutory presumption of Article 43 was not

applied due to the presence of a credible
eyewitness as to who died first. [Joaquin v.
Navarro, (1948)]
PERSONALITY OF CONCEIVED CHILD

(1) Limited only for purposes favorable to it.
(2) Conditional it depends upon the child
being born alive later.
COMPARE ART. 43 WITH RULE 131, SEC. 3

(JJ), PRESUMPTION OF SURVIVORSHIP
Art. 43
Rule 131, Sec. 3 (jj)
Only use the presumptions when there are no
facts to get inferences from
Only
use
for Cannot be used for
succession purposes
succession purposes
Only during death in
In any circumstance
calamities,
wreck,
battle or conflagration
Period of conception the first 120 days of the

300 days preceding the birth of the child.
A conceived child can acquire rights while still in
the mothers womb. It can inherit by will or by
intestacy.
An aborted fetus had conditional personality
but never acquired legal rights/civil personality
because it was not alive at the time of delivery
from the mothers womb. No damages can be
claimed in behalf of the unborn child. [Geluz v
CA, (1961)]
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CIVIL LAW
PRESUMPTION OF SURVIVORSHIP IN THE

RULES OF COURT [RULE 131, SEC. 3, (JJ),
RULES OF COURT]
MINORITY
RA 6809 (1989) An act lowering the age of
majority from twenty-one to eighteen years.
Age
Both under 15
Both above 60
One under 15, the
other above 60
Both over 15 and
under 60; different
sexes
Both over 15 and
under 60; same sex
One under 15 or over
60, the other between
those ages
Effects on Contracts
(1) They cannot give consent to a contract [Art.
1327 (1), CC]
(2) A contract where one of the parties is a
minor is voidable [Art. 1390(1), CC]
(3) A contract is unenforceable when both of
the parties are minors (incapable of giving
consent) [Art. 1403(3), CC]
(4) Minority cannot be asserted by the other
party in an action for annulment [Art. 1397,
CC]
(5) Not obliged to make restitution except
insofar as he has been benefited [Art. 1399,
CC]
(6) Minor has no right to demand the
thing/price voluntarily returned by him [Art.
1426, CC]
(7) Minor has no right to recover voluntarily
paid sum or delivered thing, if consumed in
good faith [Art. 1427, CC]
(8) Must pay reasonable amount for
necessaries delivered to him [Art. 1489, CC]
Presumed Survivor
Older
Younger
One under 15
Male
Older
One between 15 and
60
RESTRICTIONS ON CAPACITY TO ACT

Art. 38, CC. 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.
Estoppel
works
against
minors
who
misrepresent their ages in a contract and are
compelled to comply with its terms. (active
misrepresentation done by minors). [Mercado v.
Espiritu, (1918)]
Art. 39, CC. The following circumstances, among

others, modify or limit capacity to act: age,
insanity, imbecility, the state of being a deafmute, 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.
When
a
minor
made
no
active
misrepresentation as to his minority and such
minority is known to the other party, the
contract is voidable [Art. 1403, CC] as to the
minor. [Bambalan v. Maramba, (1928)]
Capacity to act is not limited on account of

religious belief or political opinion.
Minors are obliged to make restitution insofar as

they have been benefited. [Art. 1399, CC].
[Braganza v. Villa Abrille, (1959)]
A married woman, twenty-one years of age or

over, is qualified for all acts of civil life, except in
cases specified by law.
Effects on Marriage
May not yet contract marriage [Art. 5, FC].
General rule: Incapacitated persons are not

exempt from certain obligations arising from his
acts or property relations.
Marriages, where one of the parties is below 18,

even with the consent of parents/guardians, are
void [Art. 35, FC].
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CIVIL LAW
Effect on Crimes
General rule: Exempted from criminal liability.
or otherwise communicated to him by 2 persons

[Art. 807, CC]
Exception: Acted with discernment, and the

minor is between 15 and 18 years of age.
Cannot be a witness to the execution of a will

[Art. 820, CC]
INSANITY
Insanity includes many forms of mental disease,
either inherited or acquired. A person may not
be insane but only mentally deficient (idiocy,
imbecility, feeble-mindedness).
PRODIGALITY
A spendthrift or a prodigal is a person, who, by
excessive drinking, gambling, idleness or
debauchery of any kind shall so spend, waste or
lessen his estate as to expose himself or his
family to want or suffering. The acts of
prodigality must show a morbid state of mind.
[Martinez v. Martinez, (1902)]
Effect on Contracts
(1) Incapacity to give consent to a contract [Art.
1327(2), CC]
(2) Contracts entered into during lucid intervals
are valid [Art. 1328, CC]
(3) Restitution of benefits [Art. 1399, CC]
(4) Voidable if one of the parties is insane [Art.
1390, CC]
(5) Unenforceable if both of the parties are
insane [Art. 1403 (3), CC]
It is not the circumstance of prodigality, but the

fact of being under guardianship that restricts
capacity to act.
CIVIL INTERDICTION
Civil interdiction It is an accessory penalty
imposed upon persons who are sentenced to a
principal penalty not lower than reclusion
temporal [Art. 41, RPC].
Offender is deprived of rights of parental
authority, or guardianship, of marital authority,
of the right to manage his property and of the
right to dispose of such by any act inter vivos
[Art. 34, RPC]
Effect on Crimes
General rule: Exempted from criminal liability
Exception: Acted during lucid interval
Effect on Marriage
May be annulled if either party was of unsound
mind unless the such party after coming to
reason, freely cohabited with the other [Art.
45(2), FC]
For the validity of marriage settlements, the

participation of the guardian shall be
indispensable [Art. 79, CC]
Action for annulment of marriage must be filed

by the sane spouse who had no knowledge of
the others insanity, or by any relative/guardian
of the insane before the death of either party; or
by the insane spouse during a lucid interval or
after regaining sanity [Art. 47(2), FC]
FAMILY RELATIONS
Justifying circumstance if acted in defense of
person/rights
of
spouse,
ascendants,
descendants, brothers/sisters, and other
relatives up to the 4th civil degree [Art. 11(2),
RPC]
STATE OF BEING DEAF-MUTE

Cannot give consent to a contract if he/she also
does not know how to write [Art. 1327(2), CC]
Voidable if one of the parties is deaf-mute and
does not know how to write
Unenforceable if both of the parties are deafmutes and does not know how to write
Mitigating circumstance if acted in the

immediate vindication of a grave offense/felony
committed against his spouse, ascendants or
relatives of the same civil degree [Art. 13(5),
RPC]
Incestuous and void marriages:
(1) Between ascendants and descendants of
any degree;
Can make a valid will, provided: he must

personally read the will. The contents of the
same have either been read personally by him
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(2) Between brothers and sisters, whether full

or half-blood. [Art. 37, FC]
CIVIL LAW
(3) A person who has been in danger of death

under other circumstances and his existence
has not been known for four years.
Donations/grants of gratuitous advantage

between spouses during the marriage shall be
VOID, except moderate gifts during family
occasions [Art. 87, FC]
Art. 41, FC. 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.
Prescription does not run between spouses,

parent and child, guardian and ward (Art. 1109)
General rule: Descendants cannot be compelled
to testify in a criminal case, against his parents
and grandparents
Exception: crime was against the descendant
OR by one parent against the other [Art. 215, FC]
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.
Spouses cannot sell property to each other,

except:
(1) Absolute separation is agreed upon in the
marriage settlements
(2) Judicial separation of property [Art. 1490,
CC]
Art. 42, FC. The subsequent marriage referred to

in the preceding Article shall be automatically
terminated by the recording of the affidavit of
reappearance of the absent spouse, unless there
is a judgment annulling the previous marriage
or declaring it void ab initio.
ABSENCE
Art. 390, CC. 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.
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 at the
instance of any interested person, with due
notice to the spouses of the subsequent
marriage and without prejudice to the fact of
reappearance being judicially determined in
case such fact is disputed.
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.
Art 391, CC. The following shall be presumed
dead for all purposes, including the division of
the estate among the heirs:
DOMICILE AND RESIDENCE OF

PERSON
(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;
FOR NATURAL PERSONS
The place of their habitual residence [Art. 50,

CC]
(2) A person in the armed forces who has taken

part in war, and has been missing for four
years;
FOR JURIDICAL PERSONS
The place where their legal representation is

established, or where they exercise their primary
PAGE 14
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functions, unless there is a law or other provision

that fixes the domicile [Art. 51, CC]
CIVIL LAW
subject to stipulation, except that marriage

settlements may fix the property relations
during the marriage within the limits provided
by this Code.
DOMICILE VS. RESIDENCE
While domicile is permanent (there is intent to

remain), residence is temporary and may be
changed anytime (there is no necessary intent
to remain).
Marriage is a special contract of permanent

union between a man and a woman entered
into in accordance with law for the
establishment of conjugal and family life.
It is the foundation of the family and an
inviolable social institution
Its nature, consequences, and incidents are
governed by law and not subject to stipulation
However, marriage settlements may fix the
property relations during the marriage within
the limits provided by the FC.
Requisites of domicile:
(1) Physical presence in a fixed place
(2) Intent to remain permanently (animus
manendi) [Callejo v. Vera]
KINDS OF DOMICILE
(1) Domicile of Origin Domicile of parents of

a person at the time he was born.
(2) Domicile of Choice Domicile chosen by a
person, changing his domicile of origin.
KINDS OF REQUISITES
(1) Essential Requisites [Art. 2, FC]

(a) Legal Capacity of the contracting
parties, who must be a male and a
female
(b) Consent (of the parties) freely given in
the presence of a solemnizing officer.
(2) Formal Requisites [Art. 3, FC]
(a) Authority of solemnizing officer
(b) A valid marriage license
Except:
(i) Marriages in articulo mortis or when
one or both parties are at the point
of death,
(ii) Marriage in isolated places with no
available means of transportation,
(iii) Marriage among Muslims or other
ethnic cultural communities,
(iv) Marriages of those who have lived
together as husband and wife
without any legal impediment for at
least 5 years
(c) Marriage Ceremony:
(i) Appearance of contracting parties
in the presence of a solemnizing
officer
(ii) Personal declaration that they take
each other as husband and wife in
the presence of not less than 2
witnesses
A 3rd requisite is necessary: intention not to

return to ones domicile as his permanent
place.
(3) Domicile by Operation of Law (i.e., Article
69, domicile of minor)
A married woman does not lose her
domicile to her husband. [RomualdezMarcos vs. Comelec (1995)]
Family Code
The Family Code took effect on August 3, 1988.
Marriage
REQUISITES
NATURE OF MARRIAGE
Art. 1, FC. Marriage is a special contract of
permanent union between a man and a woman
entered into in accordance with law for the
establishment of conjugal and family life. It is
the foundation of the family and an inviolable
social institution whose nature, consequences,
and incidents are governed by law and not
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Fraud here refers to matters which relate to the

marital relation:
Non-disclosure of previous conviction by final
judgment of a crime involving moral
turpitude;
Concealment of pregnancy by another man;
Concealment of a sexually transmitted
disease;
Concealment of drug addiction, alcoholism,
lesbianism, or homosexuality
EFFECT OF ABSENCE OF REQUISITES

Absence
Void
CIVIL LAW
Defect or Irregularity
Voidable
ESSENTIAL REQUISITES
AGE
Legal Capacity Male or female 18 years old
and above, not under any of the impediments
mentioned in Art. 37 (incestuous marriages) &
Art. 38 (marriages against public policy), may
contract marriage. [Art. 5, FC]
CEREMONY
No prescribed form or religious rite for the
solemnization of marriage is required. [Art. 6,
FC]
MUST BE MALE AND FEMALE

Changing of sex in ones birth certificate on the
basis of sex reassignment was denied;
otherwise, it would result in confusion and
would allow marriage between persons of the
same sex which is in defiance of the law, as
marriage is a union between a man and a
woman. [Silverio v. Republic, (2007)]
The couple's written agreement where they

declare themselves as husband and wife, signed
by them before a judge and two capable
witnesses, even though it was independently
made by them, still counts as a valid ceremony.
[Martinez v. Tan, (1909)]
Minimum requirements prescribed by law:
(1) Appearance
of
contracting
parties
personally before the solemnizing officer
[Art. 3, FC]
(2) Personal declaration that they take each
other as husband and wife. [Art. 3, FC]
(3) Presence of at least two witnesses of legal
age. [Art. 3, FC]
(4) The declaration shall be contained in the
Marriage Certificate. [Art. 6, FC]
(5) Marriage certificate shall be signed by the
contracting parties and their witnesses and
attested by the solemnizing officer. [Art. 6,
FC]
Note: The best source for citing the requirement

of male/female is still statutory, as provided
explicitly in the Family Code.
CONSENT FREELY GIVEN
Consent here refers to the consent of the
contracting parties; not of the parent/guardian
in those cases where such consent is required
(when either party is between 18 to 21 years of
age).
Absence
A marriage entered into by a person whose real
intent is to avoid prosecution for rape is void for
total lack of consent. The accused did not
intend to be married. He merely used such
marriage to escape criminal liability. [People v.
Santiago, (1927)]
In a marriage in articulo mortis, when one or

both parties are unable to sign the marriage
certificate, it shall be sufficient for one of the
witnesses to write the name of said party, which
shall be attested by the solemnizing officer. [Art.
6, par. 2, FC]
Defect
Art. 45, FC. A marriage may be annulled for any
of the following causes existing at the time of
the marriage: xxx (3) that the consent of either
party was obtained by fraud, unless such party
afterwards, with full knowledge of the facts
constituting the fraud, freely cohabited with the
other as husband and wife.
Places where marriage SHALL be publicly

solemnized:
(1) Chambers of the judge or in open court
(2) Church, chapel, or temple
(3) Office of the consul-general, consul, or viceconsul [Art. 8, FC]
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CIVIL LAW
Exceptions:
(1) Marriages performed in articulo mortis or in
remote places. [Art. 29, FC]
(2) Where both parties request in writing that
marriage be solemnized at a place
designated by them.
marriages unless either or both parties

believed in good faith that the solemnizing
officer had legal authority to do so. [Art. 35
(2)]
(2) Absence & Irregularity of Authority of a
solemnizing officer
Non-compliance with this requirement does not

invalidate the marriage (premise: more
witnesses = more people can notify officer of
impediments to marriage).
Where a judge solemnizes a marriage outside

his jurisdiction, there is a resultant irregularity in
the formal requisite laid down in Article 3, which
while it may not affect the validity of the
marriage, may subject the officiating official to
administrative liability. [Navarro v. Domagtoy
(1996); Aranes v. Occiano (2002)]
WHO MAY SOLEMNIZE MARRIAGES

(1) Incumbent member of the Judiciary within
his jurisdiction. [Art. 7, FC]
(2) Priest, Rabbi, Imam or Minister of any
Church or Religious Sect. Must be:
(a) Duly authorized by his church or
religious sect
(b) Registered with the civil registrar
general
(c) Acting within the limits of the written
authority granted to him by his church
or religious sect.
(d) At least one of the contracting parties
belongs to the solemnizing officers
church or religious sect. [Art. 7, FC]
Absence
Authority by church/sect
Registered w/ civil registrar
Acting w/in written authority
Either party belong to that
church/sect
A marriage which preceded the issuance of the

marriage license is void and the subsequent
issuance of such license cannot render valid the
marriage. Except in cases provided by law, it is
the marriage license that gives the solemnizing
officer the authority to solemnize a marriage.
[Aranes v. Occiano (2002)].
LICENSE REQUIRED
General rule
License required
Issued by local registrar of city or municipality
where either contracting party habitually resides
[Art. 9, FC]
Effect
VOID
VOID
IRREGULARITY
Each contracting party should file separately.

[Art. 11, FC]
IRREGULARITY
License valid in any part of the Philippines for

120 days from date of issue, automatically
cancelled at the expiration of such period. [Art.
20, FC]
(3) Ship Captain or Airplane Chief may

solemnize a marriage in articulo mortis
between passengers or crew members [Art.
7, 31, FC]
(4) A Military commander of a unit may
solemnize marriages in articulo mortis
between persons w/in the zone of military
operation. [Art. 7, 32, FC]
(5) Consul-general, consul or vice-consul may
solemnize marriages between Filipino
citizens abroad. [Art. 7, 10, FC]
(6) Municipal and City Mayors [LGC sec. 444455]
Foreign National
When either or both parties are foreign
nationals: Certificate of legal capacity to contract
marriage, issued by a diplomatic or consular
official, shall be submitted before a marriage
license can be obtained [Art. 21, FC]
Stateless persons or refugees from other
countries: affidavit stating circumstances
showing capacity to contract marriage, instead
of certificate of legal capacity [Art. 21, FC]
Exceptions [Art. 35, FC]:

(1) Marriage is void when solemnized by any
person not legally authorized to perform
PAGE 17
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CIVIL LAW
its inexistence, rendering the marriage VOID.

[Republic v. CA and Castro (1994)]
Exceptions
(1) Marriage in Articulo mortis [Art. 27, FC]
The marriage may be solemnized without
the necessity of a marriage license.
It remains valid even if ailing party
survives.
(2) Between passengers or crew members in a
ship or airplane [Art. 31, FC]
(3) Persons within a military zone [Art. 32, FC]
(4) Marriage in Remote and inaccessible places
[Art. 28, FC]
(5) Marriages by Muslims and Ethnic cultural
minorities provided they are solemnized in
accordance with their customs, rites or
practices. [Art. 33, FC]
(6) Marriage by parties who have Cohabited for
at least 5 years without any legal
impediment to marry each other. [Art. 34,
FC; Ninal vs. Badayog (2000)]
Before a marriage can be solemnized, a valid

marriage license must be presented first,
otherwise, it is VOID. [Moreno v. Bernabe (1995)]
Non-existence of a marriage contract does not
invalidate the marriage as long as all the
requisites for its validity are properly complied
with. [People v. Borromeo (1984)]
Marriage Certificate Where parties declare that
they take each other as husband and wife;
contains the following:
(1) Full name, sex, age of party
(2) Citizenship, religion, habitual residence
(3) Date and precise time of celebration of
marriage
(4) That marriage license was properly issued
(except in marriages of exceptional
character)
(5) That parental consent was secured, when
required
(6) That requirement as to parental advice was
complied with, when required
(7) That parties have entered into marriage
settlements, if any (Art. 22)
Requisites for the 5-year cohabitation to be valid

for the exemption from acquiring a marriage
license:
(1) The man and woman must have been living
together as husband and wife for at least
five years before the marriage;
(2) The parties must have no legal impediment
to marry each other;
(3) The fact of absence of legal impediment
between the parties must be present at the
time of marriage;
(4) The parties must execute an affidavit
stating that they have lived together for at
least five years [and are without legal
impediment to marry each other]; and
(5) The solemnizing officer must execute a
sworn statement that he had ascertained
the qualifications of the parties and that he
had found no legal impediment to their
marriage. [Borja-Manzano v. Judge Sanchez
(2001)]
Not an essential or formal requisite without

which the marriage will be void [Madridejo v. de
Leon (1930)]
Best evidence that a marriage does exist.
[Tenebro v. CA (2004)]
EFFECT
OF
MARRIAGES
CELEBRATED ABROAD AND
FOREIGN DIVORCE
MARRIAGES CELEBRATED ABROAD
General rule: Marriages solemnized abroad in

accordance with the laws in force in that country
shall be valid in the Philippines. [Art 26, FC]
MARRIAGE CERTIFICATE
Absence and irregularity of marriage license
and contract
There is a presumption of regularity of official
acts, and the issuance of the Civil Registrar of a
Certificate of Due Search and Inability to Find
the application for a marriage license certifies
Exceptions:
(1) Marriage between persons below 18 years
old [Art. 35(1), FC]
(2) Bigamous or polygamous marriage [Art.
35(4), FC]
(3) Mistake in identity [Art. 35 (5), FC]
PAGE 18
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(4) Marriages void under Article 53 [Art. 35 (6),

FC]
(5) Psychological incapacity [Art. 36, FC]
(6) Incestuous marriages [Art. 37, FC]
(7) Marriage void for reasons of public policy
[Art. 38, FC]
Essential requisites
Inherent in the parties,
carried everywhere
Lex nationalii 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 [Art. 15, CC]
Foreign marriages void
under Phil law due to lack
of an essential requisite,
even if valid under foreign
laws,
will
not
be
recognized.
CIVIL LAW
Citizenship at the time the divorce is obtained

determines its validity. Since H was no longer a
Filipino citizen when he divorced W, the
nationality principle did not apply to him
anymore and the divorce is valid. [Llorente v. CA
(2000)]
A divorce decree obtained by the foreign spouse
is recognized under Phil law if it is executed in
accordance with the foreigners national law.
The party must prove divorce as a fact and that
said divorce is obtained in conformity with the
law allowing it, before the Philippine courts can
take judicial notice. [Garcia v. Recio (2001)]
Formal requisites
Requirements
independent of the
parties
Lex loci celebrationis if
valid where celebrated,
then valid everywhere;
forms of contracting
marriage are to be
regulated by the law
where it is celebrated.
[Art. 26, FC]
VOID
AND
MARRIAGES
VOIDABLE
PRESUMPTION OF MARRIAGE
Foreign marriages may

be void under Phil law
due to absence of a
formal requisite under
foreign laws.
Presumption in favor of a valid marriage [Art

220, CC]
The presumption that a man and a woman
deporting themselves as husband and wife
have entered into a lawful contract of
marriage is satisfactory if uncontradicted.
[Sec. 3 (aa), Rule 131, ROC]
In marriages of exceptional character, the
existence of the marriage is presumed, even in
the total absence of a marriage license. [Vda.
De Jacob v CA (1999)]
If a marriage certificate is missing, and all
means have not yet been exhausted to find it,
then the marriage is presumed to exist [Sevilla
v. Cardenas (2006)]
PROOF OF FOREIGN MARRIAGE
In order that it may be upheld:

(1) Provisions of the foreign law
(2) Celebration of the marriage in accordance
with said provisions
FOREIGN DIVORCES
Those obtained by Filipino citizens are void

under Philippine law.
If the foreign spouse obtains a valid divorce
decree abroad capacitating him/her to remarry,
the Filipino spouse shall have capacity to
remarry under Philippine law. [Art. 26, FC]
Absence of a marriage certificate is not proof of

absence of marriage.
To prove the fact of marriage, the following
would constitute competent evidence:
(1) The testimony of witnesses to matrimony;
(2) Documentary photos or videos of the
wedding;
(3) The couples public cohabitation; and
(4) Birth and baptismal certificates of children
born during the union. [Trinidad v CA (1998)]
A divorce obtained by the foreign spouse in

accordance with the said spouses national law
is recognized in the Philippines and releases
Filipino spouse from their marriage. [Van Dorn v.
Romillo (1985)]
The citizenship of the spouses at the time of the
divorce determines their capacity to obtain a
valid divorce. [Quita v. Dandan (1998)]
PAGE 19
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CIVIL LAW
Molina Guidelines:
(1) The burden of proof to show the nullity of
the marriage belongs to the plaintiff. This is
to be investigated by the OSG for collusion.
(2) The root cause of the psychological
incapacity must be: (a) medically or clinically
identified, (b) alleged in the complaint, (c)
sufficiently proven by the experts, (d) 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.
(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.
(7) Interpretations given by the National
Appellate Matrimonial Tribunal of the
Catholic Church in the Philippines, while not
controlling/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 be handed down unless the Solicitor
General issues a certification. [Republic v.
Molina, (1997)]
VOID MARRIAGES
TYPES OF VOID MARRIAGES
(1) Absence of any formal/essential requisites
(2) Psychologically Incapacitated spouse
(3) Incestuous Marriages
(4) Marriages contrary to public policy
(5) Void subsequent marriages
Absence of requisites
Art. 4(1), FC. The absence of any essential or
formal requisites shall render the marriage void
ab initio, except as stated in Article 35 (a).
Art. 5, FC: 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.
Void from the Beginning [Art. 35, FC]
(1) Marriage where any party is below eighteen
years of age even with the consent of
parents or guardians
(2) Marriage 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 legal
authority to do so.
Ones belief in good faith that the
solemnizing officer has the required
authority is a mistake of fact, and not of law.
(3) Marriage solemnized without a valid
marriage license, except in marriages under
exceptional circumstances
(4) Bigamous or polygamous marriages not
falling under Article 41 (Art. 41: subsequent
marriage by present spouse who obtained a
declaration of presumptive death for absent
spouse prior to the subsequent marriage)
(5) There is a mistake as to the identity of the
other contracting party
(6) Subsequent marriages that are void under
Article 53 (Non-compliance with Art. 52)
3 characteristics for determining psychological

incapacity: gravity, antecedent, and incurability.
[Santos v. Bedia-Santos, (1995)]
Refusal of husband to have sex was interpreted
as psychological incapacity. A man who can
but wont is psychologically incapacitated. [Tsoi
v. CA, (1997)]
Psychological incapacity maybe established by
the totality of the evidence presented. Personal
medical examination could be dispensed with.
[Marcos v. Marcos (2000)]
Psychological incapacity
Contracted by any party who, at the time of the
celebration, was psychologically incapacitated
to comply with the essential marital obligations
of marriage, even if such incapacity becomes
manifest only after its solemnization [Art. 36, FC]
PAGE 20
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There is no requirement that the respondent be

medically examined first. [Republic v. San Jose
(2007)]
CIVIL LAW
Void subsequent marriages

No Judicial Declaration of Nullity
A person entered into a subsequent marriage
without first getting a judicial declaration of
nullity of the first void marriage [Art. 40, FC]
Pathological liar considered as psychological

incapacity, Molina guidelines met. [Antonio v.
Reyes, (2006)]
Presumptive Death
Failure of the spouse present to obtain a judicial
declaration of presumptive death before
entering a subsequent marriage [Art. 41, FC]
Incestuous marriages
(1) Between ascendants and descendants of
any degree, legitimate or illegitimate
(2) Between brothers and sisters, whether full or
half blood, legitimate or illegitimate [Art. 37,
FC]
Bad Faith of Both Spouses

Both spouses entering a subsequent marriage
after presumptive death, who acted in bad faith
[Art. 44, FC]
Against public policy

(1) Between
collateral
blood
relatives,
legitimate or illegitimate, up to the fourth
civil degree.
(2) Between step-parents and step-children.
(3) Between parents-in-law and children-inlaw.
(4) Between adopting parent and 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.
(9) Between parties where one, with the
intention to marry the other, killed that other
person's spouse, or his or her own spouse.
[Art. 38, FC]
Non-Recording
Subsequent marriage of spouses, where the
requirements of recording under Art. 52 have
not have been complied with, shall be null and
void. [Art. 53, FC]
Art. 52, FC. 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.
Previous marriage declared void ab initio or
annulled
Art. 40, FC. 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.
Stepbrothers and stepsisters can marry because

marriages between them are not among those
enumerated in Article 38.
Relationships outside of Art. 37 and 38 which
are not impediments to marriage: brother-inlaw with sister-in-law, stepbrother with
stepsister, guardian with ward, adopted with
illegitimate child of the adopter, adopted son of
the husband with adopted daughter of the wife,
parties who have been convicted of adultery.
In order to have a subsequent marriage:

(1) The previous marriage should be judicially
declared void or annulled (final judgment)
[Terre v. Terre (1992), Atienza v. Brillantes
(1995)]
(2) Must comply with the requirements of Art.
52
Under the Civil Code (superseded by the Family
Code), there was no need for a judicial
declaration of nullity of a previous marriage for
PAGE 21
UP LAW BOC
a subsequent marriage to be valid [People v.

Mendoza (1954)]
CIVIL LAW
(b) There is danger of death under the

circumstances set forth in Art. 391 CC
attendant to the disappearance;
(c) The spouse present had a well-founded
belief that the missing person is dead;
and
(d) Judicial declaration of presumptive
death was secured (no prejudice to the
effect of the reappearance of the absent
spouse).
Even if the judges first marriage contracted in

1965 was void for not having a marriage license,
the requirement for a judicial declaration of
nullity in Art. 40 still applies for his subsequent
marriage contracted in 1991. [Atienza v.
Brillantes, (1995)]
Where both marriages were contracted prior to
the effectivity of the FC, the requirement of Art.
40 does not apply to the second marriage
where a right is already vested and on which the
FC cannot have retroactive effect. [Apiag v.
Cantero, (1997)]
Extraordinary circumstances [Art. 391, CC]:

(1) On board vessel lost at sea voyage, airplane,
(2) Armed Forces in war, or
(3) Danger of death under other circumstances,
existence not known
The judicial declaration of nullity can be invoked

for purposes other than remarriage. Article 40
was interpreted as being a requirement for
purposes of remarriage but not limited for that
purpose. Separation of property is also a valid
purpose for filing for a judicial declaration of
nullity. [Domingo v. CA, (1993)]
Institution of a summary proceeding is not

sufficient. There must also be a summary
judgment. [Balane]
Only the spouse present can file or institute a
summary proceeding for the declaration of
presumptive death of the absentee. [Bienvenido
case]
The word solely in Art. 40 referred to

validating subsequent marriages but NOT to
limiting the purposes for which a judicial
declaration of nullity can be invoked. [Domingo
v. CA, (1993)]
There must have been diligent efforts on the

part of the deserted spouse to locate the absent
spouse. These diligent efforts correspond to the
requirement of the law for a well-founded
belief.
Subsequent Marriage when one spouse is

absent
Effect of Reappearance of Absent Spouse

General rule: The subsequent marriage remains
valid.
Requirements for Subsequent Marriage to be

Valid When Prior Spouse is Absent: [Art. 41, FC]
(1) Subsequent marriage due to ordinary
absence where:
(a) Absent spouse had been absent for 4
consecutive years;
(b) The spouse present had a well-founded
belief that absent spouse is dead; and
(c) Judicial declaration of presumptive
spouse).
(2) Subsequent marriage due to extraordinary
absence where:
(a) Absent spouse had been missing for 2
consecutive years;
Exception: It is automatically terminated by the

recording of the affidavit of reappearance of the
absent spouse at the instance of any interested
person, with due notice to the spouses of the
subsequent marriage. [Art. 42, FC]
It is the recording of the affidavit of
reappearance that automatically terminates the
subsequent marriage. Hence, if absentee
spouse reappears without recording affidavit of
reappearance, then there is no legal effect.
Meanwhile, absentee spouse cannot remarry.
[Tolentino]
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Exception to the exception: If there is a

judgment annulling the previous marriage or
declaring it void ab initio. [Art. 42, FC]
Art. 390, CC. After an absence of 7 years, it

Good Faith
Period of absence for Presumptive Death is
mandatory thus cannot be shortened by good
faith and if be done so will be void.

an absence of 10 years. If he disappeared after
the age of 75 years, an absence of 5 years shall
be sufficient in order that his succession may be
opened.
Difference between Absence in the Civil Code

and Family Code
Family Code
Art. 391, CC. The following shall be presumed

Civil Code
As to period
4 years under normal Absent for at least 7

circumstances
years
2
years
under 4
years
extraordinary
extraordinary
circumstances
circumstances
CIVIL LAW

under

years;
As to remarriage
In order to remarry, Declaration
of
summary proceeding presumptive death is not
is necessary
necessary

under other circumstances and his
existence has not been known for four years.
As to who can institute the action
Although 7 years is required for the presumption

of death of an absentee in the CC, the FC makes
an exception for the purpose of remarriage by
limiting such requirement to 4 years.
Can be instituted by
the spouse present,
any interested party, The spouses themselves
and the subsequent
spouse
Effects of Termination of Bigamous Marriage

under Art. 42 [Art. 43, FC; Art. 44, FC]
Art. 43:
(1) Children of subsequent marriage
conceived prior to its termination considered
legitimate; custody and support decided by
court in a proper proceeding
(2) Property regime dissolved and liquidated
(party in bad faith shall forfeit his/her share
in favor of the common children or if there
are none, children of the guilty spouse by a
previous marriage, and in case there are
none, to the innocent spouse)
(3) Donation propter nuptias remains valid,
(but if the donee contracted marriage in bad
faith, donations are revoked by operation of
law)
As to effect on subsequent marriage

Subsequent
marriage
is
automatically
Upon
reappearance,
terminated by the judicial proceeding is
recording
of
an necessary to declare
affidavit
of marriage null and void
reappearance of the
absent spouse
As to ground
Well founded belief
Generally believed to be
that the absent
dead
spouse is dead
PAGE 23
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(4) Insurance benefits innocent spouse may

revoke designation of guilty party as
beneficiary, even if such designation is
stipulated as irrevocable
(5) Succession rights Party in bad faith shall
be disqualified to inherit from the innocent
spouse, whether testate or intestate
VOIDABLE
MARRIAGE
CIVIL LAW
OR
ANNULLABLE
In case either or both of the contracting parties,

not having been emancipated by a previous
marriage, are between the ages of eighteen and
twenty-one, In addition to the requirements of
the preceding articles:
(1) Exhibit to the local civil registrar the consent
to their marriage of their father, mother,
surviving parent or guardian, or persons
having legal charge of them, in the order
mentioned
(2) Manifested in writing by the interested
party, who personally appears before the
proper local civil registrar, or
(3) In the form of an affidavit made in the
presence of two witnesses and attested
before any official authorized by law to
administer oaths
(4) The personal manifestation shall be
recorded in both applications for marriage
license, and the affidavit, if one is executed
instead, shall be attached to said
applications. [Art 14, FC]
Article 44 (Donations):
If both spouses of the subsequent marriage
acted in bad faith, all donations by reason of
marriage and testamentary dispositions made
by one party in favor of the other are revoked by
operation of law.
ACTION OR DEFENSE OF NULLITY

PRESCRIPTION
Art. 39, FC. The action or defense for the
declaration of absolute nullity of a marriage
shall not prescribe. (as amended by RA 8533)
WHO MAY FILE THE PETITION FOR NULLITY
Only an aggrieved or injured spouse may file a
petition for annulment of voidable marriages or
declaration of absolute nullity of void marriages.
Such petition cannot be filed by compulsory or
intestate heirs of the spouses or by the State.
The Committee is of the belief that they do not
have a legal right to file the petition.
Compulsory or intestate heirs have only inchoate
rights prior to the death of their predecessor,
and, hence, can only question the validity of the
marriage of the spouses upon the death of a
spouse in a proceeding for the settlement of the
estate of the deceased spouse filed in the regular
courts. [Enrico v. Heirs of Sps. Medinaceli (2007),
also reiterated in Carlos v. Sandoval (2008)]
GROUNDS FOR ANNULMENT

x x x A defect in any of the essential requisites
shall render the marriage voidable as provided
in Article 45. [Art. 4, FC)
Art 45, FC. Marriage may be annulled on the
following grounds existing at time of marriage:
(1) One of the parties is 18 or above but below
21 years old, and there is no parental
consent.
(2) Either party was of unsound mind (insanity).
(3) The consent of either party was obtained
through fraud (different from mistake in
identity)
(4) The consent of either party was obtained
through force, intimidation, or undue
influence.
(5) Either party is physically incapable of
consummating the marriage (impotence;
this is different from sterility, which is the
inability to produce offspring).
(6) Either party has a serious and incurable
sexually-transmissible disease, even if not
concealed.
HOW TO ATTACK A VOID MARRIAGE

General rule: Void marriages may be attacked
collaterally or directly.
Exception: A person in a void marriage must first
file for a declaration of nullity in order to
subsequently marry.
PAGE 24
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CIVIL LAW
Law presumes sanity, burden of proof on party

alleging insanity
Action to Annul
Action in rem, concerns status of parties; res is
relation between parties or marriage tie;
jurisdiction depends on nationality or domicile
not the place of celebration.
Fraud
Only those enumerated in Art. 46:
(1) Non-disclosure of previous conviction by
final judgment of a crime involving moral
turpitude
(2) Concealment by wife at the time of
marriage, that she was pregnant by another
man
(3) Concealment of STD regardless of nature
existing at time of marriage
(4) Concealment of drug addiction, habitual
alcoholism, homosexuality, lesbianism
existing at time of marriage
GROUNDS FOR ANNULMENT EXPLAINED

Lack of parental consent
18 x < 21 without parental consent
Ratified by party 18 or above but below 21
upon free cohabitation upon reaching 21.
Parents whose consents were wanting may
ratify before 21; this right can be waived;
however, the Code Commission believes that
no such ratification can be made by the
parent. [Tolentino]
No other misrepresentation or deceit of

character, health, rank, fortune or chastity shall
constitute fraud.
In defending the requirement of parental

consent, the Court held that the State has
power to make adjustments in the
constitutional rights of minors based on the
following grounds: 1) the peculiar vulnerability
of children, 2) to protect minors from immature
decision making and prevent unstable
marriages, 3) on the presumption that parents
act in the best interests of their children in child
rearing. [Moe v. Dinkins, (1981)]
Conviction of crime: requisites are

(1) Moral turpitude
(2) Conviction
Concealment of pregnancy
Fraud against very essence of marriage;
importance of procreation of children; an
assault to the integrity of the union by
introducing alien blood
If husband knew of pregnancy, the marriage
cannot be annulled on the ground of
concealment
Insanity
Mental incapacity or insanity is a vice of
consent; insanity
(1) of varying degrees
(2) curable being an illness capable of
ratification or convalidation
(3) has lucid intervals
(4) ground only for annulment in many
countries
Can be ratified by cohabitation after insanity is
cured or during a lucid interval
Mere mental weakness is not a ground for
annulment, but if found grave enough, it may
amount to psychological incapacity.
Intoxication, somnambulism where one had
no mental capacity to give consent is
equivalent to insanity
Must exist at the time of the celebration of the
marriage. Insanity that occurs after the
celebration of marriage does not constitute a
cause for nullity [Katipunan v. Tenorio (1937)]
May be ratified upon free cohabitation after

knowledge of fraud.
Art. 45 STD
Ground for annulment
Art. 46 STD
The STD is a type of
fraud which is a
ground for annulment
Does not have to be

Must be concealed
concealed
Must be serious and Need not be serious
incurable
nor incurable
It is the concealment
The STD itself is the
that gives rise to the
ground for annulment
annulment
PAGE 25
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Effect of cure to fraud in Art. 46:

Recovery or rehabilitation from STD, drug
addiction, and habitual alcoholism will not bar
action for annulment; the defect is not the
disease, but the FRAUD which VITIATED
CONSENT.
CIVIL LAW
May be ratified upon cohabitation after force,

intimidation, or undue influence has ceased or
disappeared.
Impotency
Must exist at time of marriage, and be
continuous and incurable. If incapacity can be
remedied or is removable by operation, NOT
ANNULLABLE [Sarao v. Guevarra(1940)]
W gave birth 3 months after marriage, H filed

for annulment: concealment of non-virginity.
Denied. Court held that it was unbelievable that
husband could not have noticed when wife had
been at least 6 months pregnant prior to
marriage. [Buccat v. Mangonon de Buccat,
(1941)]
Physical condition: sexual intercourse with a

person of the opposite sex is impossible, not
mere sterility
Only the potent spouse can file the action for
annulment and he/she must not have been
aware of the others impotency at the time of
marriage [Sempio-Diy]
The Supreme Court granted annulment

because the wife concealed the fact that she
was 4 months pregnant during the time of the
marriage. Since Delizo was naturally plump,
Aquino could hardly be expected to know, by
mere looking, whether or not she was pregnant
at the time of the marriage. [Aquino v. Delizo,
(1960)]
If he/she was aware, it is implied that he/she

renounced copulation by consenting to the
marriage. [Tolentino]
When both spouses are impotent, marriage
cannot be annulled because neither spouse is
aggrieved. [Sempio-Diy]
An impotent plaintiff could not have expected
copulation with the other spouse. [Tolentino]
It is the concealment of homosexuality, and not

homosexuality per se, that vitiates the consent
of the innocent party. Such concealment
presupposes bad faith and intent to defraud the
other party in giving consent to the marriage.
[Almelor v. RTC, (2008)]
Potency presumed; party who alleges impotency

has burden of proof [Jimenez v. Canizares
(1960)]
Force, intimidation, Undue influence

FORCE must be one as to prevent party from
acting as a free agent; will destroyed by
fear/compulsion
Refusal of wife to be examined DOES NOT

PRESUME impotency because Filipino women
are inherently shy & bashful; TC must order
physical examination because w/o proof of
impotency, she is presumed potent; to order her
to undergo physical exam does not infringe her
right against self-incrimination [Jimenez v.
Canizares]
Note: If she continues to refuse the physical
exam, she can be held in contempt & ordered
confined in jail until she does so
INTIMIDATION must be one as to compel the

party by a reasonable/well-grounded fear of an
imminent and grave evil upon his
person/properties
DEGREE OF INTIMIDATION: age, sex, condition
of person borne in mind
Threat or intimidation as not to act as FREE
AGENT;
i.e.
threatened
by
armed
demonstrations [Tiongco v. Matig-a]
Absence of cohabitation is not a ground for

annulment. [Villanueva vs. CA (2006)]
Committee added undue influence, may be

compelled to enter out of REVERENTIAL FEAR
e.g., fear of causing distress to parents,
grandparents, etc.
Relative Impotency may now be invoked

because there are cases where one is impotent
with respect to his/her spouse but not with
other men or women.
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CIVIL LAW
Reason: danger to the health of spouse &

offspring/s
Same as incurable impotency
Not subject to ratification cannot be
ratified or convalidated by cohabitation:
(1) Affliction of STD is unknown to the other
spouse [Balane]
(2) The other spouse must also be free from a
similar STD. [Balane]
Example: penile erection to other women

possible; unusually large penis cannot fit with
abnormally small vagina
Sexually-transmissible disease serious and
incurable
Should exist at the time of the marriage
Should be found serious
Should appear to be incurable
WHO MAY FILE, PRESCRIPTION, RATIFICATION

Ground
(Art. 45)
Who can file

(Art. 47)
Party 18 or above but below
Lack
of
21
parental
Parent or guardian who did
consent
not give consent
Sane spouse with no
knowledge of the others
insanity
Prescription
Ratification
(Art. 47)
(Art. 45)
Within 5 years after
attaining 21.
Free cohabitation
Before party below 21 attaining age of 21.
reaches 21.
after
Any time before the death

of either party
Free cohabitation of insane
Legal guardian of insane
Insanity
party after
insane party
party
comes to reason
During lucid interval or
Insane party
after regaining sanity, and
before death
Free cohabitation after
Injured party (defrauded Within 5 years after
Fraud
having full knowledge of
party)
discovery of fraud
fraud
Force,
Within 5 years after Free cohabitation after the
intimidation,
disappearance of force, force or intimidation or
Injured party
undue
undue
influence,
or undue influence has ceased
influence
intimidation
or disappeared
Within 5 years after Cannot be ratified but
Impotence
Potent spouse
marriage
action prescribes
Within 5 years after Cannot be ratified but
STD
Healthy party
marriage
action prescribes
PAGE 27
UP LAW BOC
Marriages Not Subject to Ratification/

Convalidation by cohabitation
(1) One spouse is incurably impotent (Art. 47, FC
prescription: 5 years)
(2) One spouse has an incurable STD (Art. 47, FC
prescription: 5 years)
PRESENCE OF PROSECUTOR
Art. 48, FC. To prevent collusion between the
parties, fabrication or suppression of evidence, the
prosecuting attorney or fiscal shall appear on
behalf of the State.
In a legal separation or annulment case, the
prosecuting attorney must first rule out collusion
as a condition sine qua non for further
proceedings. A certification by the prosecutor
that he was present during the hearing and even
cross-examined the plaintiff does not suffice to
comply with the mandatory requirement. [Corpuz
v. Ochoterena, (2004)]
EFFECT OF PENDING
ACTIONS/DECREE
(1) The court shall provide for the support of the

spouses,
(2) The custody and support of the common
children, giving paramount consideration to
their moral and material welfare, their choice
of parent with whom they wish to remain.
(3) The court shall also provide for visitation
rights of other parent. [Art. 49, FC]
DECISIONS ON THE NULLIFICATION OF THE
MARRIAGE
Art. 48 (2), FC. In the cases referred to in the
preceding paragraph, no judgment shall be based
upon a stipulation of facts or confession of
judgment.
Stipulation of facts An admission by both parties
after agreeing to the existence of any of the
grounds or facts that would constitute a
void/voidable marriage
Confession of judgment The admission by one
party admitting his/her fault to cause the
invalidity of the marriage.
CIVIL LAW
EFFECTS OF NULLITY
Art. 50(1), FC. 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 void ab initio or
annulled by final judgment under Articles 40 and
45.
Final judgment in such cases shall provide for the:
(1) Liquidation, partition, and distribution of the
properties of the spouses
(2) Custody and support of the common children
(3) Delivery of their presumptive legitimes
(a) Unless such matters had been
adjudicated
in
previous
judicial
proceedings (Art. 50(2))
(b) All creditors of the spouses/property
regime shall be notified of the
proceedings for liquidation [Art. 50(2 and
3), FC]
In the partition, the conjugal dwelling and lot shall
be adjudicated to the spouse with whom majority
of the common children remain [Arts. 50(4), 102
and 129, FC]
Presumptive legitimes, computed as of the date of
the final judgment, shall be delivered in cash,
property or sound securities:
Unless the parties, by mutual agreement
judicially approved, had already provided for
such [Art. 51(1), FC]
The children/guardian/trustee of property may
ask for the enforcement of the judgment [Art.
51(2), FC]
The delivery of the presumptive legitimes shall
not prejudice the ultimate successional rights,
but the value of the properties already received
shall be considered as advances on their
legitime [Art. 51(3), FC]
General rule: children born or conceived within
void marriages are illegitimate.
Exceptions:
(1) Children conceived or born before the
judgment under Article 36 has become final
and executory [Art. 54, FC]
(2) Children conceived or born of subsequent
marriages under Article 53 Art. 54, FC]
PAGE 28
UP LAW BOC
JURISDICTION
For marriages celebrated under both civil and
Muslim rites, Sharia courts do not have exclusive
jurisdiction. The Judiciary Reorganization Act of
1980 provided that regional trial courts have
jurisdiction over all actions involving the contract
of marriage and marital relations. [Tamano v.
Ortiz, (1998)]
Legal Separation
GROUNDS
SEPARATION
FOR
LEGAL
Note: The grounds for legal separation are

exclusive. [Art. 55, FC]
These must be filed within 5 years after
occurrence of cause [Art. 57, FC]:
(1) Repeated physical violence or grossly abusive
conduct directed against the petitioner, a
common child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel
the petitioner to change religious or political
affiliation;
(3) Attempt of respondent to corrupt or induce
the petitioner, a common child, or a child of
the petitioner, to engage in prostitution, or
connivance
in
such
corruption
or
inducement;
(4) Final judgment sentencing the respondent to
imprisonment of more than six years, even if
pardoned;
(5) Drug addiction or habitual alcoholism of the
respondent;
(6) Lesbianism or homosexuality of the
respondent;
(7) Contracting by the respondent of a
subsequent bigamous marriage, whether in
the Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of
the petitioner; or
(10) Abandonment of petitioner by respondent
without justifiable cause for more than one
year.
Adultery is not a continuing crime; it is
consummated at every moment of carnal
knowledge. Thus, every sexual act is a ground for
CIVIL LAW
legal separation. [People v. Zapata and Bondoc

(1951)]
For sexual infidelity as a ground for legal
separation, there is no need for a prior conviction
for concubinage, because legal separation only
requires a preponderance of evidence, as opposed
to proof beyond reasonable doubt. [Gandioco v.
Pearanda (1989)]
The death of one party in a legal separation case
abates the action. This is because the death of
either spouse automatically dissolves the
marriage. An action for legal separation is also
purely personal between the spouses. [Lapuz Sy v.
Eufemio (1972)].
Abandonment is not mere physical estrangement
but also financial and moral desertion. There
must be an absolute cessation of marital
relations, duties, and rights with the intention of
perpetual separation. [Dela Cruz. v. Dela Cruz
(1968)]
ACTS OF VIOLENCE ACCORDING TO

RA 9262:
(1) Causing physical harm to the woman or her

child;
(2) Threatening to cause the woman or her child
physical harm;
(3) Attempting to cause the woman or her child
physical harm;
(4) Placing the woman or her child in fear of
imminent physical harm;
(5) Attempting to compel or compelling the
woman or her child to engage in conduct
which the woman or her child has the right to
desist from or desist from conduct which the
woman or her child has the right to engage in,
or attempting to restrict or restricting the
woman's or her child's freedom of movement
or conduct by force or threat of force, physical
or other harm or threat of physical or other
harm, or intimidation directed against the
woman or child. This shall include, but not
limited to, the following acts committed with
the purpose or effect of controlling or
restricting the woman's or her child's
movement or conduct:
PAGE 29
UP LAW BOC
(6)
(7)
(8)
(9)
(a) Threatening to deprive or actually

depriving the woman or her child of
custody to her/his family;
(b) Depriving or threatening to deprive the
woman or her children of financial support
legally due her or her family, or
deliberately providing the woman's
children insufficient financial support;
(c) Depriving or threatening to deprive the
woman or her child of a legal right;
(d) Preventing the woman in engaging in any
legitimate
profession,
occupation,
business or activity or controlling the
victim's own money or properties, or solely
controlling the conjugal or common
money, or properties;
Inflicting or threatening to inflict physical
harm on oneself for the purpose of controlling
her actions or decisions;
Causing or attempting to cause the woman or
her child to engage in any sexual activity which
does not constitute rape, by force or threat of
force, physical harm, or through intimidation
directed against the woman or her child or
her/his immediate family;
Engaging in purposeful, knowing, or reckless
conduct, personally or through another, that
alarms or causes substantial emotional or
psychological distress to the woman or her
child. This shall include, but not be limited to,
the following acts:
(a) Stalking or following the woman or her
child in public or private places;
(b) Peering in the window or lingering outside
the residence of the woman or her child;
(c) Entering or remaining in the dwelling or
on the property of the woman or her child
against her/his will;
(d) Destroying the property and personal
belongings or inflicting harm to animals
or pets of the woman or her child; and
(e) Engaging in any form of harassment or
violence;
Causing mental or emotional anguish, public
ridicule or humiliation to the woman or her
child, including, but not limited to, repeated
verbal and emotional abuse, and denial of
financial support or custody of minor children
of access to the woman's child/children.
CIVIL LAW
DEFENSES
GROUNDS FOR
SEPARATION
DENYING
LEGAL
(1) Condonation by aggrieved party [Art. 56, FC]

(2) Consent by aggrieved party to the commission
of the offense [Art. 56, FC]
(3) Connivance between parties in the
commission of the offense [Art. 56, FC]
(4) Mutual guilt or recrimination between
spouses in the commission of any ground for
legal separation [Art. 56, FC]
(5) Collusion between parties to obtain decree of
legal separation [Art. 56, FC]
(6) Prescription of action for legal separation [Art.
57, FC: 5 years from occurrence of the cause of
action]
(7) Reconciliation of parties during pendency of
action [Art. 66 (1), FC]
(8) Death of either party during pendency of
action [Lapuz-Sy vs. Eufemio]
WHEN TO FILE/TRY ACTIONS
An action for legal separation shall be filed within

five years from the time of the occurrence of the
cause. [Art. 57, FC]
COOLING-OFF
PERIOD
AND
RECONCILIATION EFFORTS
Action cannot be tried before six months have

elapsed from the filing of the petition [Art. 58, FC]
Actions cannot be tried unless the court has
attempted to reconcile the spouses, and
determined
that
despite
such
efforts,
reconciliation is highly improbable [Art. 59, FC]
Note: This is without prejudice to judicial
determination of custody of children, alimony, and
support pendente lite.
Courts can still resolve other issues, pending the
waiting period or cooling off period. In resolving
other issues, courts should try not to touch, as
much as possible, on the main issue (i.e. adultery
if that is the ground used). However, Court must
still receive evidence if just to settle incidental
issues of support and custody. [Araneta vs.
Concepcion, (1956)]
PAGE 30
UP LAW BOC
Note: This provision of the Family Code dictating a

mandatory 6-month cooling-off period does not
apply in cases where violence, as used in RA 9262
(Anti-Violence Against Women and their
Children), is alleged. The case should be heard as
soon as possible by the court.
(3)
(4)
CONFESSION OF JUDGMENT
No decree of legal separation shall be based upon
a stipulation of facts or a confession of judgment
[Art. 60, (1). FC]
Note: Art. 60 par. 1 applies only if the judgment
was based solely on the stipulation of facts or
solely on the confession of judgment. Thus, if
other grounds were used, Art. 60 par. 1 is not
applicable. [Balane]
The prohibition on confession of judgment does
not mean that the Court will not grant petition if
one party admits to being guilty of the charges of
adultery. The point of this provision is that the
Court should still admit evidence, not decide just
based on an admission of guilt. Because what is
prohibited is handing down a decree of legal
separation based solely on a confession of
judgment. [Ocampo v Florenciano (1960)]
(5)
(6)
(7)
(8)
CIVIL LAW
shall be forfeited in favor the common

children, previous children, or innocent
spouse, in that order [Art. 63. cf. Art. 43(2),
FC].
Custody of the minor children shall be
awarded to the innocent spouse [Art. 63, cf.
Art 213, FC]
Guilty spouse shall be disqualified from
inheriting from innocent spouse by intestate
succession. The provisions in favor of the
guilty party in the will of the innocent spouse
shall also be revoked by operation of law. [Art.
63, FC]
Donations in favor of the guilty spouse may be
revoked [Art. 64, FC] but this action prescribes
after 5 years from the decree of legal
separation.
Innocent spouse may also revoke designation
of guilty spouse as beneficiary in an insurance
policy, even if such stipulations are
irrevocable. [Art. 64. FC, cf. PD 612, sec. 11]
Obligation for mutual support ceases, but the
court may order the guilty spouse to support
the innocent spouse. [Art. 198, FC]
The wife shall continue to use the surname of
the husband even after the decree for legal
separation. [Laperal v. Republic (1992)]
RECONCILIATION
EFFECTS OF FILING PETITION

(1) The spouses are entitled to live separately, but
the marital bond is not severed. [Art. 61 (1), FC]
(2) Administration of community or conjugal
property If there is no written agreement
between the parties, the court shall designate
one of them or a third person to administer
the ACP or CPG. [Art. 61(2), FC]
EFFECTS OF PENDENCY
The Court shall provide for: [Art. 62, cf. Art. 49. FC]
(1) Support of spouses
(2) Custody of children the court shall give
custody of children to one of them, if there is
no written agreement between the spouses.
(3) Visitation rights of the other spouse
EFFECTS OF LEGAL SEPARATION

(1) The spouses can live separately [Art. 63, FC]
but the marriage bonds are not severed.
(2) The ACP or CPG shall be dissolved and
liquidated, and the share of the guilty spouse
Should the spouses reconcile, they should file a

corresponding joint manifestation under oath of
such reconciliation, duly signed by them and filed
with the court in the same proceeding for legal
separation. [Art. 65, FC]
Effects of reconciliation:
(1) Proceedings for legal separation shall be
terminated at whatever stage. [Art. 66, FC]
(2) If there is a final decree of legal separation, it
shall be set aside. [Art. 66, FC]
(3) The separation of property and forfeiture of
share of guilty spouse shall subsist, unless the
spouses agree to revive their former property
regime or to institute another property
regime. [Art. 66 cf. Art. 67, FC]
(4) Joint custody of children is restored.
(5) The right to intestate succession by guilty
spouse from innocent spouse is restored.
The right to testamentary succession
depends on the will of the innocent spouse.
PAGE 31
UP LAW BOC
CIVIL LAW
ANNEX TO VOID AND VOIDABLE MARRIAGES

AND LEGAL SEPARATION
GROUNDS
Void Marriages
(1) One is a minor
(2) No authority to marry
(3) No valid marriage
license
(4) Bigamous
and
polygamous marriages
(5) Mistake of identity
(6) Void
subsequent
marriage
(7) Psychological
incapacity
(8) Incestuous Marriages
(9) Marriages
against
public policy
Voidable Marriages
(1)
(2)
(3)
(4)
(5)
(6)
Legal Separation
(1) Repeated physical violence
(2) Pressure
to
compel
to
change
religious/political affiliations
Lack of parental
(3) Corruption / inducement to engage in
consent
prostitution
Insanity
(4) Final judgment with sentence of more than
Fraud
6 yrs.
Force, Intimidation
(5) Drug addiction / habitual alcoholism
or Undue Influence
(6) Homosexuality / lesbianism
Impotence
(7) Bigamous marriage
Serious
and
(8) Sexual Infidelity
Incurable STD
(9) Attempts against the life of petitioner
(10) Abandonment without just cause for more
than 1 year
EFFECTS OF FILING / PENDING DECREE

Void/Voidable Marriages
Legal Separation
Support for the spouses

Custody and support for the children
Visitation rights to the other spouse
EFFECTS OF AFFIDAVIT OF REAPPEARANCE, JUDICIAL DECLARATION OF

NULLITY, ANNULMENT AND LEGAL SEPARATION
Void Marriages
Severed
Status of Marriage
Void ab initio
Terminated Marriage
Voidable
[Art. 41, FC]
Marriages
Status of Marital ties
Severed
Severed
Legal Separation
Not Severed
Subsequent marriage Void

Valid
is terminated (not
invalidated)
Status of Children born and conceived before termination
Illegitimate
Legitimate
Legitimate
Legitimate
EXCEPT: Art. 36 and 35
conceived and born before
judgment (legitimate)
Custody of Children
Court Proceeding
Court Proceeding
Court Proceeding Innocent Spouse
PAGE 32
UP LAW BOC
CIVIL LAW
EFFECTS OF AFFIDAVIT OF REAPPEARANCE, JUDICIAL DECLARATION OF

NULLITY, ANNULMENT AND LEGAL SEPARATION [CONTINUATION]
Void Marriages
Terminated Marriage
Voidable
Legal Separation
[Art. 41, FC]
Marriages
Property Relations
(1) Dissolution and Liquidation of properties
(a) Guilty/Bad Faith spouse will forfeit his/her share from the Net Profits to the (in order):
(i) Common children
(ii) Children of the guilty spouse by previous marriage
(iii) The innocent spouse
(2) Notification of creditors with the proceedings for liquidation
(3) Conjugal dwelling to be adjudicated to the spouse who has custody of majority of common children
(4) Insurance policy may be revoked only by the innocent spouse (Legal Separation: Only within 5 years)
(5) Spouse in bad faith/guilty shall be disqualified to inherit from innocent spouse (intestate succession
only in legal separation)
Donation Propter Nuptias
Valid, but if donee contracted marriage in bad faith, revoked by operation of May be revoked within 5
law
years
Rights and Obligations

Between Husband and
Wife
If the wife abandons the family domicile (vs

obligation of cohabitation) with justifiable
cause i.e. being forced to perform lewd
sexual acts, the husbands obligation to
support her is not terminated. The law will
not permit the husband to terminate the
obligation to support his wife by his own
wrongful acts in driving the wife to seek
protection in her parents home. [Goitia v.
Campos Rueda (1916)]
ESSENTIAL OBLIGATIONS
(1) Live together (cohabitation) [Art. 68, FC]
Exception: One spouse living abroad or
there are valid and compelling reasons [Art.
69 (2), FC] at the discretion of the court.
A court cannot compel a married woman to

go back to her husband, but the court may
decree that support be terminated. [Arroyo
v. Vasquez de Arroyo (1921)]
Exception to exception: Incompatibility with

the solidarity of the family [Art. 69 (2), FC]
FAMILY DOMICILE
(2) Observe mutual love, respect, and fidelity
The husband and wife shall fix the family

domicile. [Art. 69, FC]
(3) Render mutual help and support [Art. 68,

FC]
In case of disagreement, the court shall decide.

[Art. 69 (1), FC]
A person has a purely personal right to

consortium (Constitutional right to liberty).
Court cannot order a man to go back to the
conjugal dwelling. (Shows that what is in
Family Code is not the former spousal unity
doctrine (Old England)). [Ilusorio v. Bildner
(2000)]
SUPPORT
From the conjugal property; if none, income or

the fruits of their separate properties; if none,
from their separate properties (liable in
proportion to their properties).
PAGE 33
UP LAW BOC
CIVIL LAW
If BEFORE the objection, enforce resulting

obligation against the separate property of the
spouse who has not obtained consent. [Art.
73,FC]
MANAGEMENT OF HOUSEHOLD
This is the right and duty of both spouses.
EFFECT OF NEGLECT OF DUTY

In case the other spouse neglects his or her
duties or commits acts which tend to bring
danger, dishonor or injury to the family, the
aggrieved party may apply to the court for relief.
[Art. 72, FC]
Property Relations of the

Spouses
MARRIAGE SETTLEMENTS
Injury contemplated is physical, moral,

emotional or psychological, not financial.
The other spouse may only object on valid,

serious, and moral grounds.
Art. 75, FC. Future spouses may agree upon, in

the marriage settlement, which property regime
will govern their marriage (ACP, CPG, complete
separation of property, other regimes). However,
in the absence of a marriage settlement, or
when the regime agreed upon is void, the
system of absolute community of property as
established by this Code shall govern.
In case of disagreement, the Court shall decide

whether:
(1) The objection is proper, and
(2) Benefit has accrued to the family before OR
after the objection.
Marriage settlements are considered accessory

to the marriage, therefore as per Art. 81,
stipulations in consideration of future marriage
and donations will be void if the marriage does
not take place.
EXERCISE OF PROFESSION
Either spouse may exercise any legitimate

profession, without need for consent of the
other.
MARRIAGE SETTLEMENT RULES
When modifications can

be made
Requirements of
marriage settlements
and any modification
thereof [Art. 77, FC]
General rule: Before marriage is celebrated [Art. 76, FC]

Property regime is dissolved and liquidated [Art. 63(2), FC]
Reconciliation in case of legal separation [Arts. 66 and 67, FC]
When abandoned spouse petitions the court for judicial separation of property
[Art. 128, FC]
Sufficient cause for judicial separation of property [Art. 135, FC]
Voluntary dissolution of ACP or CPG by the spouses [Art. 136, FC]
Made in writing
Signed by the parties
Executed before the marriage celebration
Not to prejudice third persons unless registered in the local civil registry where
the marriage is recorded and in registries of property
If executed by a person below 21 y.o., valid only when persons required to give
consent to the marriage (father, mother, or guardian, respectively) are made
parties to the agreement [Art. 78, FC]
If executed by a person upon whom civil interdiction has been pronounced or
who is subject to any other disability, valid only when his guardian appointed
by a competent court is made party to the agreement [Art. 79, FC]
PAGE 34
UP LAW BOC
Mateo v. Lagua (1969): Donations propter

nuptias are without onerous consideration,
marriage being merely the occasion or motive
for the donation, not its cause. Being liberalities,
they remain subject to reduction for
inofficiousness upon the donors death, if they
should infringe the legitime of a forced heir.
DONATIONS BY REASON OF
MARRIAGE
Solis v. Barroso (1928): In donations propter

nuptias, the marriage is really a consideration,
but not in the sense of giving birth to the
obligation. There can be a valid donation even if
the marriage never took place, but the absence
of marriage is a ground for the revocation of the
donation.
Requisites of
donations propter
nuptias
Donations excluded
Who may donate

Sources of rules
governing donations
propter nuptias
Rules for donations

before marriage
Grounds for
revocation of
donation propter
nuptias [Art. 86, FC]
CIVIL LAW
Made before the celebration of marriage

Made in consideration of marriage
In favor of one or both of the future spouses
Donor must be one of the betrothed or any third person
Ordinary wedding gifts given after the celebration of the marriage
Donations in favor of future spouses made before marriage but not in
consideration thereof
Donations made in favor of persons other than the spouses even if founded on the
intended marriage
Spouses to each other
Parents of one or both spouses
Third persons to either or both spouses
Family code provisions [Arts. 82-87, FC]
Ordinary donation provisions [Art. 83; Title III of Book III, NCC]
Provisions on testamentary succession and the formalities of wills for donations on
future property [Art. 84, par. 2, FC]
General rule: Future spouses who agree upon a regime other than ACP cannot
donate to each other more than 1/5 of their present property (excess shall be
considered void). [Art. 84, FC]
Donations of property subject to encumbrances
(1) Are considered valid.
(2) In case of foreclosure:
(a) if property value < obligation, donee shall not be liable for the deficiency
(b) if property value > obligation, donee shall be entitled to the excess [Art. 85,
FC]
(1) If the marriage is not celebrated or judicially declared void ab initio, except
donations made in marriage settlements.
(2) When the marriage takes place without the consent of the parents or
guardians, as required by law.
(3) When the marriage is annulled, and the donee acted in bad faith.
(4) Upon legal separation, if the donee is the guilty spouse.
(5) If there is a resolutory condition, and it is not complied with.
(6) When donee has committed an act of ingratitude: [Art. 765, CC]
(a) An offense against person or property of donor, or his wife or children
under parental authority.
(b) An imputation to the donor of any criminal offense, or any act involving
moral turpitude, even if proven, unless the crime is committed against the
donee, his wife or children under his authority.
(c) Refusing to support the donor, if he/she is legally required to do so.
PAGE 35
UP LAW BOC
Effects of judicial
declaration of nullity
Rules for donations

during marriage
Rules for donations

between commonlaw spouses
CIVIL LAW
Donations by reason of marriage shall remain valid except that if the donee
contracted marriage in bad faith, such donations made to said donee are revoked
by operation of law. [Art. 43 (3), FC]
Revocation by operation of law Thus, even if spouse in good faith condones the
donee, the donation propter nuptias is still forfeited.
Effects provided for by Art. 43(2), (3), (4), and (5) and by Art. 44 shall also apply to
marriages that are declared void ab initio or annulled by final judgment under
Article 40 (Judicial declaration of nullity) and 45 (Voidable marriages). [Art. 50,
FC]
General rule: Spouses cannot donate to each other, directly or indirectly;
donations made by spouses to each other during the marriage are void. [Art. 87,
FC]
These donations refer to donations inter vivos [Tolentino]
Exception: Moderate gifts on the occasion of any family rejoicing.
The prohibition on donations can only be assailed by persons who bear such
relation to the parties or the property itself, that their rights are being interfered
with. Here, the insurance company of the donated car cannot assail the validity of
the donation. In addition, the codal exception of moderate gifts depends on the
income class of the spouses and a car could be considered a moderate gift that
does not infringe the prohibition of donation between spouses. [Harding v.
Commercial Union, (1918)]
A spouse cannot donate to persons which the other spouse may inherit from as it
constitutes an indirect donation. [Nazareno v. Birog, (1947)]
The donation between common-law spouses falls within the provision prohibiting
donations between spouses during marriage. [Matabuena v Cervantes, (1971)]
The donation made by a man to a woman was held valid because no proof was
shown that they were still living in a common-law relationship at the time of the
donation. [Sumbad v. CA, (1999)]
DISTINGUISHED FROM ORDINARY DONATIONS

Donations propter nuptias
Does not require express acceptance
May be made by minors [Art. 78, FC]
May include future property
If present property is donated and property is not
absolute community, limited to 1/5 [Art. 84, FC]
Grounds for revocation in Art. 86
Ordinary donations
Express acceptance necessary
Cannot be made by minors
Cannot include future property
No limit to donation of present property provided
legitimes are not impaired
Grounds for revocation in donation laws
PAGE 36
UP LAW BOC
ABSOLUTE
COMMUNITY
OF
PROPERTY
AND
CONJUGAL
PARTNERSHIP OF GAINS
Art. 80, FC. In absence of a contrary stipulation in
a marriage settlement, property relations between
Filipino spouses are governed by Philippine laws,
regardless of the place of marriage and their
residence.
General rule: By the Nationality Rule [Art. 15, FC],
the rule that Absolute Community Property (ACP)
is the default mode of property relations absent
any marriage settlement applies to all Filipinos,
regardless of the place of the marriage and their
residence.
Exceptions:
(1) Where both spouses are aliens
(2) As to the extrinsic validity of contracts
affecting property not situated in the
Philippines and executed in the country where
the property is located
(3) As to the extrinsic validity of contracts entered
into in the Philippines but affecting property
situated in a foreign country whose laws
require different formalities for its extrinsic
validity
Art. 81, FC. Everything stipulated in marriage
settlements in consideration of a future marriage
are void if marriage does not take place. However,
stipulations that do not depend upon the
celebration of marriage (e.g. recognition of
paternity of illegitimate child) remain valid.
Art. 89, FC. Waiver of rights, interests, shares and
effects of the absolute community of property is
allowed, except in the following cases:
(1) When there is judicial separation of property
(2) When the marriage is dissolved by death of
one of the spouses
(3) When the marriage is annulled
Regarding Art. 89: The creditors of the spouse
who made such waiver may petition the court to
rescind the waiver to the extent of the amount
sufficient to cover the amount of their credits.
Art. 90, FC. Co-ownership rules shall apply to ACP
in matters not provided by the Family Code.
PAGE 37
CIVIL LAW
UP LAW BOC
CIVIL LAW
COMPARISON OF ACP AND CPG

ABSOLUTE COMMUNITY PROPERTY
When it
commences
At the precise moment of the celebration of the

marriage [Art. 88, FC]
All the property owned by the spouses at the time

of the celebration of the marriage or acquired
thereafter [Art. 91, FC]
CONJUGAL PARTNERSHIP OF GAINS

Default property regime for marriages
celebrated before the Family Code took effect
(August 3, 1988)
For marriages after the Family Code, if agreed
to by the parties through a marriage
settlement.
Proceeds, products, fruits, and income of their
separate properties
Everything acquired by them within marriage
through their own efforts
Under the ACP, spouses cannot exclude specific

properties from the regime.
Everything acquired by them by chance
Winnings from gambling shall accrue to the

community property [Art. 95, FC]
Specific properties [Art. 117, FC]

(1) Acquired by onerous title during the
marriage at the expense of the common
fund;
(2) Acquired through the labor, industry, work,
or profession of either or both spouses
(3) Fruits from common property and net
fruits of the exclusive property of each
spouse
(4) Share of either spouse in hidden treasure,
whether as finder or owner of property
where treasure was found
(5) Acquired through occupation such as
fishing or hunting
(6) Livestock existing at dissolution of
partnership in excess of what is brought
by either spouse to the marriage
(7) Acquired by chance, such as winnings
from gambling or betting
Moral damages arising from a contract paid
from the CPG [Zulueta v. Pan Am (1973)]
Loans contracted during the marriage are
conjugal, and so is any property acquired
therefrom [Mendoza v. Reyes (1983)]
Property purchased by installment, paid partly
with conjugal funds and partly with exclusive
funds, if full ownership was vested during the
marriage; the CPG shall reimburse the ownerspouse [Art. 118, FC]
If a winning ticket is bought by conjugal funds,
the prize is conjugal (otherwise, the prize is
exclusive property of the spouse who owns the
ticket)
What it
consists of
PAGE 38
UP LAW BOC
What it
consists of
(continued)
Properties acquired before the marriage, for those

with legitimate descendants with a former marriage
(to protect rights of children by a former marriage)
General rule: Properties acquired during the
marriage by a gratuitous title, i.e. donation,
inheritance by testate and intestate succession,
including the fruits of such properties
CIVIL LAW

Improvement on exclusive property: if original
value < new value, where
=
+
+
then land becomes conjugal property, subject
to the reimbursement of the value of the
property of the owner-spouse at the
dissolution of the CPG
Property belonging to one spouse converted
into another kind totally different in nature
from its original form during marriage
becomes conjugal in the absence of proof that
the expenses of the conversion were
exclusively for the account of the original
owner-spouse, subject to reimbursement of
the value of the original property from the
conjugal partnership
Property brought into the marriage by each
spouse as his/her own
Property acquired by either spouse during the

marriage by gratuitous title
Exception: When expressly provided by the donor

or testator that the property shall form part of the
ACP
Property acquired by right of redemption, by
barter, or by exchange with property
belonging to either spouse
What
remains
exclusive
property
General rule: Properties for personal use
Exception: Jewelry
PAGE 39
Plata purchased property when she was

single. When married, she and her husband
Bergosa co-signed a mortgage on the
property. Upon foreclosure, Bergosa was sued
for illegal detainer. A writ of execution on the
property was carried out but Plata refused to
leave the premises. SC ruled that Plata
cannot be held in contempt. Property is not
conjugal.
Her husband signing as comortgagor does not convert it to CPG. She
could ignore execution because the decision
was for her husband alone. [Plata v. Yatco]
Property purchased with exclusive money of
either spouse
UP LAW BOC

Property purchased by installment, paid partly
with conjugal funds and partly with exclusive
funds, if full ownership was vested before the
marriage [Art. 118, FC]
Even if the installment is completed after the
marriage, the property is exclusive if
ownership was vested in one spouse before
the marriage [Lorenzo v. Nicolas (1952)]
Improvement on exclusive property: if original
value > new value where
=
+
+
then land remains exclusive property of the
owner-spouse, subject to the reimbursement
of the cost of improvement
What
remains
exclusive
property
(continued)
1.
Presumption
CIVIL LAW
All properties acquired during the marriage form

part of the ACP, unless it be proven that they are
excluded. [Art. 93, FC]
PAGE 40
Money received under the Social Security Act

is not conjugal, although the employeespouse contributes to the SS with his salaries,
but belongs to the designated beneficiary
under the Social Security Law. SSA governs,
not FC.
Intellectual property, like copyright or patent,
should, according to Tolentino, be considered
separate property
Business property (e.g. trademarks, trade
names, service marks, business goodwill) are
merely accessories to some commercial
establishment or product, so that if such
establishment or product is separate property
of one spouse, then all the business property
is separate property; but all benefits or
earnings derived from these during the
marriage should belong to the conjugal
property [Tolentino]
Collection of credits belonging to one spouse
exclusively but the interests shall belong to
the CPG [Art. 119, FC]
Proceeds from sale of separate property of a
spouse
Indemnity paid in case of expropriation of
separate property or under an insurance policy
covering separate property
All property acquired during the marriage,
whether made, contracted, or registered in the
name of one spouse, are presumed conjugal
unless the contrary is prove. [Art 116, FC]
The party who invokes the presumption must
first prove that the property was acquired
during the marriage [Acabal v. Acabal (2005)]
UP LAW BOC

Art. 94, FC
(1) Support of the following:
(a) Spouses;
(b) Common children;
(c) Legitimate
children
of
previous
marriage;
(d) Illegitimate children follow the
provisions on Support; ACP liable in case
of absence or insufficiency of the
exclusive property of the debtor-spouse
but the payment shall be considered as
advance to the share of the debtorspouse.
(2) Expenses to enable either spouse to
commence/
complete
a
professional/vocational course or activity for
self-improvement;
(3) Value donated or promised by both spouses
in favor of common legitimate children for
the exclusive purpose of commencing/
completing a professional/vocational course
or activity for self-improvement
Charges and
obligations
Debts and obligations:

(1) Contracted during the marriage by
administrator-spouse for the benefit of the
community;
(2) Contracted during the marriage by both
spouses;
(3) Contracted during the marriage by one
spouse with the consent of the other;
(4) Contracted by either spouse without the
consent of the other to the extent that the
family may have been benefitted;
(5) Contracted before marriage by either spouse
insofar as they redounded to the benefit of
the family;
(6) Contracted before marriage by either spouse
which have not redounded to the benefit of
the family in case of absence or insufficiency
of the exclusive property of the debtorspouse but the payment shall be considered
as an advance to the share of the debtorspouse.
(7) Incurred by either spouse by reason of a
crime or quasi-delict in case of absence or
insufficiency of the exclusive property of the
debtor-spouse but the payment shall be
considered as an advance to the share of the
debtor-spouse.
PAGE 41
CIVIL LAW

Arts. 121-123, FC
(1) Support of the following:
(a) Spouses;
(b) Common children;
(c) Legitimate children of previous
marriage;
(d) Illegitimate children follow the
provisions on Support; Partnership
assets liable in case responsibilities
under Art. 121 have been covered and
there is absence or insufficiency of the
exclusive property of the debtorspouse but the payment shall be
considered as advance to the share of
the debtor-spouse.
(2) Expenses to enable either spouse to
commence/complete
a
professional/vocational course or activity
for self-improvement;
(3) Value donated or promised by both
spouses in favor of common legitimate
children for the exclusive purpose of
commencing/completing
a
professional/vocational course or activity
for self-improvement
Debts and obligations:
(1) Contracted during the marriage by
administrator-spouse for the benefit of
the CPG;
(2) Contracted during the marriage by both
spouses;
(3) Contracted during the marriage by one
spouse with the consent of the other;
(4) Contracted by either spouse without the
consent of the other to the extent that the
family may have been benefitted;
(5) Contracted before marriage by either
spouse insofar as they redounded to the
benefit of the family;
(6) Contracted before marriage by either
spouse which have not redounded to the
benefit of the family when the
responsibilities under Art. 121 should have
been covered and there is absence or
insufficiency of the exclusive property of
the debtor-spouse but the payment shall
be considered as an advance to the share
of debtor-spouse;
(7) Incurred by either spouse by reason of a
crime or quasi-delict when the
responsibilities under Art. 121 should have
been covered and there is absence or
insufficiency of the exclusive property of
the debtor-spouse but the payment shall
be considered as an advance to the share
of the debtor-spouse.
UP LAW BOC

Taxes and expenses:
(1) Taxes, liens, charges and expenses, including
major and minor repairs, upon the
community property;
(2) Taxes and liens for mere preservation made
during the marriage upon the separate
property of either spouse used by the family;
(3) Expenses of litigation between the spouses
unless the suit is found to be groundless.
Charges
and
Obligations
(continued)
If community property is insufficient, the spouses

are solidarily liable for the unpaid balance from
their separate properties except for:
(1) Debts contracted by either spouse before
marriage which have not redounded to the
benefit of the family;
(2) Support of illegitimate children; and
(3) Liabilities incurred by either spouse arising
from crime or quasi-delict.
Gambling losses of any kind (i.e. legal or illegal)
shall be borne by the losing spouses separate
property [Art. 95, FC]
CIVIL LAW

Taxes and expenses:
(1) Taxes, liens, charges and expenses,
including major and minor repairs, upon
the conjugal partnership property;
(2) Taxes and expenses for mere preservation
during the marriage upon the separate
property of either spouse;
(3) Expenses of litigation between the
spouses unless the suit is found to be
groundless.
If conjugal partnership property is insufficient,
the spouses are solidarily liable for the unpaid
balance from their separate properties except
for:
(1) Debts contracted by either spouse before
marriage which have not redounded to
the benefit of the family;
(2) Support of illegitimate children; and
(3) Liabilities incurred by either spouse arising
from crime or quasi-delict.
Gambling losses of any kind (i.e. legal or
illegal) shall be borne by the losing spouses
separate property [Art. 123, FC]
Loan contracts signed by both spouses are
conjugal, and they are jointly liable for
payment, even if only one spouse signs a
subsequent promissory note. [DBP v. Adil
(1988)]
The Supreme Court ruled that the indirect
benefits that might accrue to a husband in
signing as a surety or guarantee in an
agreement not in favor of the family but in
favor of his employer corporation are not
benefits that can be considered as giving a
direct advantage accruing to the family.
Hence, the creditors cannot go against the
conjugal partnership property in satisfying the
obligation subject of the surety agreement. A
contrary view would put in peril the conjugal
partnership by allowing it to be given
gratuitously as in cases of donation of
conjugal partnership property, which is
prohibited. [Ayala Investment v. Ching (1998)]
PAGE 42
UP LAW BOC
General rule: Administration of property

belongs to both spouses, jointly. If they
disagree, the husbands decision prevails.
However, the wife has 5 years to seek recourse
from the court. Otherwise, it is presumed she
agreed to his decision. [Art. 96, FC]
Ownership,
administration,
enjoyment, and
disposition
Exception: When the other spouse is

incapacitated, or unable to participate in the
administration, e.g. when abroad. Capacitated
spouse may assume sole powers of
administration. However, power is limited to
administration.
Either spouse may, through a will, dispose of his

or her interest in the community property. [Art.
97, FC] However, the will should refer only to his
or her share in the community property.
PAGE 43
CIVIL LAW

Administration of property belongs to both
spouses, jointly. In case of disagreement, the
husbands decision shall prevail, subject to
recourse by the wife for proper remedy, which
must be availed of within 5 years from the
date of the contract implementing such
decision. [Art. 124, par(1)]
Sale by the husband of property belonging to
the conjugal partnership without the consent
of the wife, when there is no showing that the
latter is incapacitated, is void ab initio. [Abalos
v. Macatangay (2004)]
Art. 124 contemplates a situation where one
spouse is absent, or separated in fact or has
abandoned the other or consent is withheld or
cannot be obtained. Such rules do not apply
to cases where the non-consenting spouse is
incapacitated or incompetent to give consent
i.e. in coma. The proper remedy is to file for
guardianship under the ROC. Even assuming
that the rules on summary proceedings apply,
the power of the administrator is the same as
a guardian. So a spouse who desires to sell
conjugal property as administrator must still
observe the procedure for the sale of the
wards estate required of judicial guardians
under ROC not the summary judicial
proceedings under FC. [Uy v. CA (2000)]
Spouses are not co-owners of CPG during the
marriage and cannot alienate the supposed
interest of each in the said properties. The
interest of the spouses in the CPG is only
inchoate or a mere expectancy and does not
ripen into title until it appears after the
dissolution and liquidation of the partnership
that there are net assets. [De Ansaldo v. Sheriff
of Manila (1937)]
Disposition or encumbrance of conjugal
property requires the following:
(1) Consent or approval by both spouses, or
(2) Judicial authority secured in court
[Art. 124, (2) FC]
UP LAW BOC

General rule: Donation of one spouse without
the consent of the other is not allowed. [Art. 98,
FC]
Ownership,
administration,
2.
enjoyment, and
disposition
(continued)
Dissolution of
the regime
Exceptions:
(1) Moderate donations to charity due to
family rejoicing or distress
(2) Moderate gifts by each spouse to the other
due to family rejoicing
Moderation depends on the familys socioeconomic status.
CIVIL LAW
Donation of CPG must be with the consent of

the other spouse except moderate donations
for charity, on occasions of family rejoicing, or
family distress [Art. 125; cf. Art. 98, FC]
ACP allows donations in excess of one-fifth of

present property of future spouses because the
donation would form part of the community
property once the marriage is celebrated. [Art.
84]
Mere awareness of a transaction is NOT consent. [Jader-Manalo v. Camaisa(2002)]
In the absence of (court) authority or written consent of the other spouse, any disposition or
encumbrance of the conjugal property shall be void. [Homeowners Savings & Loan Bank v.
Dallo(2005)]
If however, one of the spouses is an alien, the Filipino spouse may encumber or dispose of the
property w/o the consent of the former. The property is presumed to be owned exclusively by the
Filipino spouse. [Cheeseman v. IAC (1991)]
Terminates upon [Art. 99, FC]:
(1) Death of either spouse follow rules in Art.
Terminates upon [Art. 126; cf. Art. 99]:
103
(1) Death
(2) Legal separation follow rules in Arts. 63
(2) Legal separation
and 64
(3) Annulment or judicial declaration of
(3) Annulment or judicial declaration of nullity
nullity
follow rules in Arts. 50 and 52
(4) Judicial separation of property
(4) Judicial separation of property during
marriage follow rules in Arts. 134 to 138
PAGE 44
UP LAW BOC
Effect of de
facto
separation
Rules on de facto separation [Art. 100]

De facto separation does not affect the ACP,
except that:
1. Spouse who leaves the conjugal home
without just cause shall not be entitled to
support; however, he/she is still required to
support the other spouse and the family
2. If consent is necessary for transaction but is
withheld or otherwise unobtainable,
authorization may be obtained from the
court
3. Support for family will be taken from the
ACP
4. If ACP is insufficient, spouses shall be
solidarily liable
5. If it is necessary to administer or encumber
separate property of spouse who left,
spouse present may ask for judicial
authority to do this
6. If ACP is not enough and one spouse has no
separate property, spouse who has property
is liable for support, according to provisions
on support.
Abandonment [Art. 101, FC]

Present/aggrieved spouse may petition the
court for:
(1) Receivership
(3) Authority to be the sole administrator of
the absolute community, subject to
precautionary conditions that the court
may impose
Rules on
Abandonment
A spouse is deemed to have abandoned the

other when he or she has left the conjugal
dwelling without any intention of returning.
Spouse is prima facie considered to have
abandoned the other spouse and the family if
he or she has:
(1) Left for a period of 3 months
(2) Failed to inform the other spouse of his or
her whereabouts for a period of 3 months
PAGE 45
CIVIL LAW

Rules on de facto separation [Art. 127]
De facto separation does not affect the CPG,
except that:
1. Spouse who leaves the conjugal home
without just cause shall not be entitled to
support; however, he/she is still required
to support the other spouse and the family
2. If consent is necessary for transaction but is
withheld or otherwise unobtainable,
authorization may be obtained from the
court
3. Support for family will be taken from the
partnership property.
4. If partnership property is insufficient,
spouses shall be solidarily liable
5. If it is necessary to administer or encumber
separate property of spouse who left,
spouse present may ask for judicial
authority to do this
6. If partnership property is not enough and
one spouse has no separate property,
spouse who has property is liable for
support, according to provisions on
support.
Abandonment [Art. 128, FC]
Present/aggrieved spouse may petition the
court for:
(1) Receivership
(3) Authority to be the sole administrator of
the partnership property, subject to
precautionary conditions that the court
may impose
A spouse is deemed to have abandoned the
other when he or she has left the conjugal
dwelling without any intention of returning.
Spouse is prima facie considered to have
abandoned the other spouse and the family if
he or she has:
(1) Left for a period of 3 months
(2) Failed to inform the other spouse of his or
her whereabouts for a period of 3 months
Physical separation of the spouses, coupled
with the husbands refusal to give support to
the wife, sufficed to constitute abandonment
as a ground for an action for the judicial
separation of their conjugal property.
[Partosa-Jo v. CA (1992)]
UP LAW BOC
Liquidation of
assets and
liabilities
CIVIL LAW

Procedure [Art. 129, FC]
(1) Prepare an inventory of all properties
(2) Amounts advanced by CPG in payment of
Procedure [Art. 102, FC]
personal debts and obligations shall be
(1) Inventory of assets of ACP and of spouses,
credited to the CPG
with market values
(3) Reimburse each spouse for the use of
(2) Obligations are paid with community
his/her exclusive funds in the acquisition
property, and separate obligations not
of property or for the value of his or her
charged to ACP paid by respective assets
exclusive property, the ownership of which
of spouses
has been vested by law in the conjugal
partnership
If obligations exceed the assets of the ACP,
(4) Debts and obligations of CPG shall be
nothing is divided. Creditors can go after
paid out of the conjugal assets, otherwise
the separate properties of the spouses,
both spouses are solidarily liable with
which are solidarily liable for the deficiency
their exclusive property
(5) Remains of the exclusive properties shall
(3) Delivery of whatever remains in their
be delivered to respective owner-spouses
exclusive property
(6) Indemnify loss/deterioration of movables
(4) Balance, or net remainder is divided
belonging to either spouse, even due to
equally between the spouses, irrespective
fortuitous event, used for the benefit of
of how much each brought into the
the family
community
(7) Net remainder of CPG shall constitute the
(5) If personal obligations of a spouse exceed
profits which shall be divided equally
his/her separate property, creditor can go
between husband and wife except when:
after the share of the spouse on the net
(a) A different proportion or division was
remainder of the ACP, without prejudice to
agreed upon in the marriage
the provisions of law on forfeitures and
settlements
delivery of presumptive legitimes
(b) There has been a voluntary waiver or
(6) After covering all community obligations
forfeiture of such share as provided in
and obligations of spouses, balance of
the FC
separate properties shall be delivered to
(8) Presumptive legitimes are delivered to
respective spouses or their heirs, and they
common children
will also divide into two equal shares
(9) Conjugal dwelling goes to:
whatever is left of the community assets,
(a) Spouse with whom majority of
without prejudice to the provisions of law
common children choose to remain
on forfeitures and delivery of presumptive
(below 7 y.o. = deemed to have
legitimes
chosen the mother)
(b) Whoever the court chooses in case of
lack of majority
Rules in case of termination of marriage by death of one of the spouses [Art. 104, FC]:
(1) The community property shall be liquidated in the same proceeding for the settlement of the
estate of the deceased spouse.
(2) If no such judicial settlement proceeding is instituted, surviving spouse shall liquidate the
community property either judicially or extra-judicially within one year from the death of the
deceased spouse.
(a) If no liquidation is made within the period, any disposition or encumbrance involving
community property of the terminated marriage shall be void.
(b) Non-compliance with liquidation procedures would mean that a subsequently contracted
marriage will follow a regime of complete separation of property.
Procedure for liquidation of properties of two marriages [Art. 104, FC]:
(1) Determine the capital, fruits, and income of each community upon such proof as may be
considered according to the rules of evidence.
(2) In case of doubt as to which community the existing properties belong, they shall be divided
between two communities in proportion to the capital and duration of each.
PAGE 46
UP LAW BOC
CIVIL LAW
SEPARATION OF PROPERTY OF
THE SPOUSES AND
ADMINISTRATION OF COMMON
PROPERTY BY ONE SPOUSE
DURING THE MARRIAGE
Art. 134, FC. In the absence of an express
declaration in the marriage settlements, the
separation of property between spouses during
the marriage shall not take place except by
judicial order. Such judicial separation of property
may either be voluntary or for sufficient cause
Judicial separation of property may either be:
(1) voluntary or
(2) for sufficient cause
SUFFICIENT CAUSES AND GROUNDS FOR RETURN TO PREVIOUS REGIME

Sufficient Causes for Judicial Separation of Property
[Art. 135, FC]
(1) Spouse of petitioner has been sentenced to a
penalty which carries with it the penalty of
civil interdiction
(2) Spouse of petitioner is judicially declared an
absentee
(3) Loss of parental authority of the spouse of
petitioner has been decreed by the court
(4) Spouse of petitioner has abandoned the
latter or failed to comply with his or her
obligations to the family
(5) The spouse granted the power of
administration in the marriage settlements
has abused that power
(6) At the time of the petition, the spouses have
been separated in fact for at least 1 year and
reconciliation is highly improbable.
Grounds for Return to Previous Regime

[Art. 141, FC]
(1) Termination of the civil interdiction
(2) Reappearance of absentee spouse
(3) Restoration of parental authority to the spouse
previously deprived of it
(4) When the spouse who left the conjugal home
without legal separation resumes common life
with the other
(5) When the court, being satisfied that the spouse
granted the power of administration in will not
again abuse that power, authorizes the
resumption of said administration
(6) Reconciliation and resumption of common life
of the spouses who had been separated in fact
for at least 1 year
(7) When after voluntary dissolution of the ACP or
CPG 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.
PAGE 47
UP LAW BOC
When it
applies
What it
consists of
CIVIL LAW
SEPARATION OF PROPERTY
Agreed upon in the marriage settlements by the spouses
Mandatory under Arts. 103 & 130 (subsequent marriages contracted by a surviving
spouse without judicial settlement of previous property regime)
Default property regime when there is reconciliation between spouses after judicial
separation of property
Present or future property or both
Each spouses earnings from his or her own profession, business, or industry
Natural, industrial or civil fruits of spouses separate properties
May be total or partial
If partial, property not considered separate is presumed to pertain to the ACP

Family expenses: Both spouses are liable in proportion to their income; if insufficient,
based on the current value of their separate properties
Liabilities
Creditors for family expenses: Spouses solidarily liable
Spouses may own, dispose, possess, and administer separate estates without the
consent of the other
Ownership,
Administration of exclusive properties may be transferred between spouses when:
administration,
(1) One spouse becomes the other spouses guardian
enjoyment,
(2) One spouse is judicially declared an absentee
and
(3) One spouse is given the penalty of civil interdiction
disposition
(4) One spouse becomes a fugitive
Conveyance between the spouses is allowed under Art. 1490, NCC.
A voluntary separation of properties is not
perfected by mere consent but upon the decree of
the court approving the same. The petition for
voluntary separation of property was denied
because the children of the 1st and 2nd marriages
were not informed; the separation of property may
prejudice the rights and shares of the children. [In
Re: voluntary dissolution of CPG of Sps. Bernas
(1965)]
A compromise agreement with judicial
recognition is valid, pending petition for
declaration of nullity of marriage. [Maquilan v.
Maquilan (2007)]
PAGE 48
UP LAW BOC
CIVIL LAW
PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE

[Arts. 147-148, FC]
Art. 147
Art. 148
Applicability
Man and woman living together as husband and
wife, with capacity to marry [Art. 5, FC] without any Man and woman living together as husband and
legal impediment)
wife, NOT capacitated to marry
(1) at least 18 years old
(1) Under 18 years old
(2) not Art. 37 (incestuous void marriage)
(2) Adulterous relationship
(3) not Art. 38 (void marriage by reason of public (3) Bigamous /polygamous marriage
policy)
(4) Incestuous marriages under Art. 37
(4) not bigamous
(5) Void marriages by reason of public policy under
Art. 38
Other void marriages due to absence of formal
requisite
Salaries and wages
Owned in equal shares
Separately owned by parties
Properties acquired through exclusive funds
Remains exclusive, provided there is proof
Remains exclusive
Properties acquired by both through work and industry

Owned in common in proportion to respective
Governed by rules on co-ownership
contribution
Properties acquired while living together
Owned in equal shares since it is presumed to have
been acquired through joint efforts
No presumption of joint acquisition. When there is
evidence of joint acquisition but none as to the
If one party did not participate in acquisition, extent of actual contribution, there is a
presumed to have contributed through care and presumption of equal sharing.
maintenance of family and household
Forfeiture
If one party is validly married to another his/her
share in the co-owned properties will accrue to the
(1) In favor of their common children
ACP/CPG of his/her existing valid marriage
(2) In case of default of or waiver by any or all of
the common children or their descendants,
If the party who acted in bad faith is not validly
each vacant share shall belong to the
married to another, his/her share shall be forfeited
respective surviving descendants
in the same manner as that provided in Art 147.
(3) In the absence of such descendants, such
share belongs to the innocent party
The same rules on forfeiture shall apply if both
parties are in bad faith.
Application of Article 148; there was no proof of actual contribution, while there was a subsisting
marriage apart from the union without marriage, therefore, the N. Forbes house goes to the CPG of
subsisting marriage. [Yaptinchay v. Torres (1969)]
Transfer of certificate and tax declarations are not sufficient proof of joint contribution. [Villanueva v. CA
(2004)]
Marriages that have been declared void come under the rules of co-ownership under FC147/148
regardless of the reason. [Valdez v. QC-RTC (1996)]
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The Family
Exceptions to the general rule cannot be

subject of compromise [Art 2035, CC]
(1) Civil status of persons,
(2) Validity of marriage or a legal separation,
(3) Any ground for legal separation,
(4) Future support (as it is presumed to be
needed for the survival of the one receiving
support),
(5) Jurisdiction of courts,
(6) Future legitime
Art. 149, FC. 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.
THE
FAMILY
INSTITUTION
AS
AN
Whenever a stranger is a party in a case

involving family members, the requisite showing
of earnest efforts to compromise is no longer
mandatory, as such inclusion of a stranger takes
the case out of the ambit of Art. 151. [Hontiveros
v. RTC (1999)]
ASPECTS OF FAMILY RELATIONS

(1) External Aspect
(a) Governed by law [Art. 149, FC]
(b) Only in this aspect can third persons
and the public interest be concerned
(2) Internal Aspect
(a) Sacred to the family and inaccessible to
law because law must respect the
freedom of action of man
(b) e.g. spiritual relations, sexual relations
of spouses, profession and career of
spouses, practices and customs of
family
THE FAMILY HOME

CONSTITUTED
(1) Jointly by the husband and the wife

(2) By an unmarried head of a family;
INCLUDES
(1) Dwelling house where they and their family

reside
(2) The land on which it is situated [Art. 152, FC]
FAMILY RELATIONS INCLUDE:

(1)
(2)
(3)
(4)
CIVIL LAW
Between husband and wife

Between parents and children
Among other ascendants and descendants
Among brothers and sisters, full or half
blood
Art. 157, FC. The actual value of the family home

shall not exceed, at the time of the constitution,
the amount of Three hundred thousand pesos
(P300,000.00) in urban areas, and Two
hundred thousand pesos (P200,000.00) in
rural areas or such amounts as may hereafter be
fixed by law.
General rule [Art. 151, FC]: No suit between

members of the same family shall prosper.
Exception: If it should appear in a verified
complaint or petition that:
(1) Earnest efforts towards a compromise have
been made;
(2) Such efforts have failed; and
(3) Such earnest efforts and the fact of failure
must be alleged.
A person may constitute and be the beneficiary

of only one family home [Art. 161, FC]
Note: The case will be dismissed if it is shown

that no such efforts were made.
(1) It is deemed constituted from time of actual

occupation as a family residence
(2) It must be owned by person constituting it
(3 It must be permanent
The provisions of the Chapter on Family Home

shall govern existing family residences insofar
as said provisions are applicable [Art. 162, FC]
GUIDELINES
The rule shall not apply to cases which may not

be the subject of compromise.
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(4) Rule applies to valid and voidable and even

to common-law marriages under Arts.147
and 148
(5) It continues despite death of one or more
spouses or unmarried head of family for 10
years or as long as there is a minor
beneficiary [Art.159, FC]
REQUIREMENTS FOR THE SALE,

ALIENATION,
DONATION,
ASSIGNMENT, OR ENCUMBRANCE
OF THE FAMILY HOME
(1) The written consent of the person

constituting it,
(2) That of the spouse of the person
constituting it, and
(3) That of majority of the beneficiaries of legal
age. [Art. 158, FC]
RULES ON EXEMPTION OF FAMILY

HOME
General rule: The family home is exempt from

the following from the time of its constitution
and so long as any of its beneficiaries actually
resides therein [Art. 153, FC]:
(1) Execution
(2) Forced sale
(3) Attachment
If there is a conflict, the Court will decide.
IN CASE OF DEATH OF ONE OR BOTH

SPOUSES OR THE UNMARRIED
HEAD OF THE FAMILY
The family home shall continue despite the

death of one or both spouses or of the
unmarried head of the family for a period of 10
years, or for as long as there is a minor
beneficiary. [Art. 159, FC]
Exceptions [Art. 155, FC]:

(1) Nonpayment of taxes.
(2) Debts incurred prior to the constitution of
the family home.
(3) Debts secured by mortgages on the
premises before or after such constitution.
(4) Debts due to laborers, mechanics,
architects, builders, materialmen and others
who have rendered service or furnished
material for the construction of the building.
BENEFICIARIES
HOME
OF
THE
CIVIL LAW
The heirs cannot partition the home unless the

court finds compelling reasons therefore. [Art.
159, FC]
REQUISITES FOR CREDITOR TO

EXECUTE UPON THE FAMILY HOME
FAMILY
(1) He must be a judgment creditor;

(2) His claim is not among those exempted
under Article155, and
(3) He has reasonable grounds to believe that
the family home is worth more than the
maximum amount fixed in Art. 157.
(1) Husband and wife, or an unmarried person

who is the head of the family
(2) Parents (may include parent-in-laws),
ascendants, descendants, brothers and
sisters (legitimate/illegitimate), who are
living in the family home and who depend
on the head of the family for support. [Art.
154, FC]
PROCEDURE TO AVAIL OF RIGHT UNDER

ART. 160
(1) The creditor must file a motion in the court
proceeding where he obtained a favorable
decision for a writ of execution against the
family home.
(2) There will be a hearing on the motion where
the creditor must prove that the actual
value of the family home exceeds the
maximum amount fixed by the FC either at
the time of its constitution or as a result of
improvements introduced thereafter.
(3) If the creditor proves that the actual value
exceeds the maximum amount the court
will order its sale in execution.
REQUISITES TO BE A BENEFICIARY
(1) The
relationship
is
within
those
enumerated;
(2) They live in the family home; and
(3) They are dependent for legal support on the
head of the family.
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CIVIL LAW
Paternity and Filiation
(4) If the family home is sold for more than the

value allowed, the proceeds shall be
applied as follows:
(a) First, the obligation enumerated in
Article 157 must be paid
(b) Then the judgment in favor of the
creditor will be paid, plus all the costs of
execution
(c) The excess, if any, shall be delivered to
the judgment debtor
Kinds of Filiation [Arts. 163, 164, 165, FC]:

(1) Natural
(a) Legitimate
(b) Illegitimate
(2) Legal Fiction (Adoption)
LEGITIMATE CHILDREN
The proof that the house is the family home

must be alleged against creditors; applied the
rule in Art. 160, FC. [Versola v. Mandolaria
(2006)]
WHO ARE LEGITIMATE CHILDREN
Those conceived or born during the marriage of

parents either by natural means or by artificial
insemination [Art. 164, FC]
WON the grandson of the deceased is a

beneficiary according to Art. 154 FC. The
beneficiary should satisfy all requisites; he must
be dependent on the head of the family. Since
the grandson still had parents who are legally
obliged for his support, he was not deemed a
beneficiary. [Patricio v. Dario III (2006)]
NATURAL/BIOLOGICAL
A child conceived or born during a valid
marriage is presumed to belong to that
marriage, regardless of the existence of
extramarital relationships. [Liyao v. Liyao
(2002)]
ARTIFICIAL INSEMINATION
Requisites to be considered legitimate:
(1) Artificial insemination made on wife
(2) Sperm comes from any of the following:
(a) Husband
(b) Third person donor
(c) Husband and third person donor
(3) In case of donor sperm, husband and wife
must authorize/ratify insemination in a
written instrument:
(a) Executed & signed by husband and wife
before the birth of the child.
(b) Recorded in the civil registry together
with the birth certificate of the child.
[Art. 164, FC]
Article 159 imposes the proscription against the

immediate partition of the family home
regardless of its ownership. This signifies that
even if the family home has passed by
succession to the co-ownership of the heirs, or
has been willed to any one of them, this fact
alone cannot transform the family home into an
ordinary property, much less dispel the
protection cast upon it by law. The rights of the
individual co-owner or owner of the family home
cannot subjugate the rights granted under
Article 159 to the beneficiaries of the family
home. [Arriola v. Arriola (2008)]
Dual consent is required whether the semen

used comes from the husband or a third person
donor [Tolentino]
WHO ARE ILLEGITIMATE CHILDREN
General rule: Those conceived and born outside

of a valid marriage. [Art. 165, FC]
Exceptions:
(1) Children of marriages void under Art.36
(psychological incapacity); and
(2) Under Art. 53 (subsequent marriages which
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did not comply with Art. 52). [Sempio-Dy]
CIVIL LAW
Only the man (and his heirs in certain situations)

can impugn the legitimacy of the child. [BenitezBadua v. CA (1994)]
Common children born before the annulment

are legitimate, and therefore entitled to support
from each of the spouses. [De Castro v. AssidaoDe Castro, (2008)]
LEGITIMACY WITH REGARD TO THE

MOTHER
Child considered legitimate although [Art. 167,
FC]:
(1) Mother may have declared against its
legitimacy
(2) Mother may have been sentenced as an
adulteress (also applies to wife who was
raped)
IMPUGNING LEGITIMACY
Grounds for impugning legitimacy of a child are:

(1) Physical impossibility for the husband to
have sexual intercourse with his wife within
the first 120 days of the 300 days which
immediately preceded the child's birth due
to:
(a) Physical incapacity of the husband to
have sexual intercourse with his wife
(b) Husband and wife were living
separately as to make sexual
intercourse impossible
(c) Serious illness of the husband
absolutely
preventing
sexual
intercourse
(2) Other biological or scientific reasons, except
artificial insemination
(3) And in case of artificial insemination, the
written consent of either parent was vitiated
through
fraud,
violence,
mistake,
intimidation, or undue influence. [Art. 166,
FC]
If the marriage is terminated and the mother

contracted another marriage within 300 days
after the termination of the former marriage,
the following rules shall govern in the absence
of proof to the contrary [Art 168, FC]:
(1) If born before 180 days after the
solemnization of the subsequent marriage
child is considered conceived during the
former marriage, provided it be born within
300 days after termination of the former
marriage
(2) If born after 180 days following the
celebration of the subsequent marriage
child is considered conceived during such
marriage, even if it be born within 300 days
after the termination of the former marriage
Mere proximate separation between the

spouses is not sufficient physical separation to
constitute as ground for impugning legitimacy.
[Macadangdang v. CA (1980)]
The legitimacy or illegitimacy of a child born

after 300 days following the termination of the
marriageburden of proof upon whoever
alleges the status. [Art. 169, FC]
Serious illness of the husband which absolutely

prevented him from having sexual intercourse
with his wife, like if the husband was already in
comatose or a vegetable, or sick with syphilis in
the tertiary stage so that copulation was not
possible. But tuberculosis, even in its most
crucial stage, does not preclude copulation
between the sick husband and his wife. [Andal v.
Macaraig (1951)]
If nobody asserts the legitimacy or illegitimacy

of the child described in Art. 169, the child
should be considered illegitimate unless
legitimacy is proved. Legitimacy cannot be
presumed here since the birth was beyond the
300-day period of gestation. While it goes
against the policy of law to lean in favor of
legitimacy, this interpretation is better than the
anomalous situation created by Art. 169, which
is a child without a status. [Tolentino]
Blood-type matching is an acceptable means of

impugning legitimacy, covered by Art. 166(2),
under biological or other scientific reasons.
But this is only conclusive of the fact of nonpaternity. [Jao v. CA (1987)]
ACTION FOR IMPUGNING LEGITIMACY [Arts.

170 and 171, FC]
May be brought within 1, 2, or 3 years from the
knowledge of the birth, or the knowledge of
registration of birth.
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(1) Within 1 year if husband or any heirs reside

in the same city or municipality where the
child was born or his birth was recorded.
(2) Within 2 years if the husband or all heirs
live in the Philippines but do not reside in
the same city or municipality where the
child's birth took place or was recorded
(3) Within 3 years if the husband or all heirs
live outside the Philippines when the child's
birth took place or was recorded in the
Philippines
CIVIL LAW
possession of status as legitimate child

(b) Any other means stated by the rules of
court or special laws
Only in the absence of primary evidence can
secondary evidence be admitted.
ACTION FOR CLAIMING FILIATION

(LEGITIMATE CHILDREN) [Art. 173, FC]
(1) The child can bring the action during his or

her lifetime
(2) If the child dies during minority or in a state
of insanity, such action shall be transmitted
to his heirs, who shall have a period of five
years within which to institute the action.
(3) The action commenced by the child shall
survive notwithstanding the death of either
or both of the parties
If the birth of the child has been concealed or

was unknown to the husband, the above periods
shall be counted:
(1) From the discovery or knowledge of the birth
of the child, or
(2) From the discovery or knowledge of its
registration, whichever is earlier.
RIGHTS OF LEGITIMATE CHILDREN
General rule: Only the husband can impugn the

legitimacy of a child. If he does not bring an
action within the prescribed periods, he cannot
file such action anymore thereafter, and this is
also true with his heirs.
[Art. 174, FC]

(1) To bear the surnames of the father and the
mother, in conformity with the provisions of
the Civil Code on surnames
(2) To receive support from their parents, their
ascendants, and in proper cases, their
brothers and sisters, in conformity with the
provisions of the Code on support
(3) To be entitled to the legitimate and other
successional rights granted to them by the
Civil Code
Exception: That the heirs of the husband may

file the action or continue the same within the
periods prescribed in Art. 170 [Art. 171, FC]:
(1) If the husband died before the expiration of
the period fixed for bringing his action
(2) If he should die after the filing of the
complaint
without
having
desisted
therefrom
(3) If the child was born after the death of the
husband.
ILLEGITIMATE CHILDREN
Illegitimate children may establish their
illegitimate filiation in the same way and on the
same evidence (primary or secondary) as
legitimate children. [Art. 175, FC]
Legitimacy can only be attacked directly.

[Sayson v. CA (1992)]
ACTION FOR CLAIMING FILIATION
PROOF OF FILIATION
[Art. 175, FC]

(1) For actions based on primary evidence, the
same periods stated in Art. 173 apply.
(2) For actions based on secondary evidence,
the action may only be brought during the
lifetime of the alleged parent.
Legitimate children may establish their filiation

by any of the following [Art. 172, FC]:
(1) Primary Evidence
(a) Their record of birth appearing in the
civil registry.
(b) An admission of his filiation by his
parent in a public document or a private
handwritten instrument and signed by
said parent
(2) Secondary Evidence
(a) Proof of open and continuous
Baptismal certificates are given probative value

only for births before 1930. Birth certificates
must be signed by the parents and sworn for it
to be admitted as evidence. [Mendoza v. Melia
(1966)]
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CIVIL LAW
Mere possession of status as an illegitimate

child does not make a recognized illegitimate
child but is only a ground for bringing an action
to compel judicial recognition by the assumed
parent. [Gono-Javier vs. Court of Appeals (1994)]
Unsigned birth certificates are not evidence of

recognized filiation. [Baluyut v. Baluyut (1990)]
Baptismal certificates are only conclusive of the
sacrament administered, and cannot be used as
proof of filiation. [Acebedo v. Arquero (2003)]
DNA evidence can still be used even after the

death of the parent. [Estate of Rogelio Ong v.
Diaz (2007)]
Marriage certificates cannot be used as proof of

filiation. [Lim v. CA (1975)]
There are four significant procedural aspects of

a traditional paternity action that parties have
to face: a prima facie case, affirmative defenses,
presumption of legitimacy, and physical
resemblance between the putative father and
the child. A prima facie case exists if a woman
declaressupported by corroborative proof
that she had sexual relations with the putative
father; at this point, the burden of evidence
shifts to the putative father. Further, the two
affirmative defenses available to the putative
father are: (1) incapability of sexual relations
with the mother due to either physical absence
or impotency, or (2) that the mother had sexual
relations with other men at the time of
conception. [Gotardo v. Buling (2012)]
Rule 130, Sec. 40 is limited to objects commonly

known as family possessions reflective of a
family's reputation or tradition regarding
pedigree like inscriptions on tombstones,
monuments, or coffin plates. [Jison v. CA (1998)]
Signature of the father on the birth certificate is
considered as an acknowledgement of paternity
and mere presentation of a duly authenticated
copy of such certificate will successfully
establish filiation. [Eceta v. Eceta (2004)]
Su padre (Your father) ending in a letter is
only proof of paternal solicitude and not of
actual paternity. Signature on a report card
under the entry of Parent/Guardian is likewise
inconclusive of open admission. [Heirs of
Rodolfo Baas v. Heirs of Bibiano Baas (1985)]
To prove open and continuous possession of the

status of an illegitimate child, there must be
evidence of the manifestation of the permanent
intention of the supposed father to consider the
child as his, by continuous and clear
manifestations of parental affection and care,
which cannot be attributed to pure charity.
[Perla v. Baring and Perla (2012)]
By open and continuous possession of the

status of a legitimate child is meant the
enjoyment by the child of the position and
privileges usually attached to the status of a
legitimate child, like bearing the paternal
surname, treatment by the parents and family
of the child as legitimate, constant attendance
to the child's support and education, and giving
the child the reputation of being a child of his
parents. [De Jesus v. Syquia (1933)]
Meanwhile, the lack of participation of the

supposed father in the preparation of a
baptismal certificate renders this document
incompetent to prove paternity. Baptismal
certificates are per se inadmissible in evidence
as proof of filiation and they cannot be admitted
indirectly as circumstantial evidence to prove
the same. [Perla v. Baring and Perla (2012)]
DNA evidence can be used as proof of paternity.

[Agustin v. CA (2005)]
The due recognition of an illegitimate child in a
record of birth, a will, a statement before a court
of record, or in any authentic writing, is in itself a
consummated act of acknowledgement of the
child, and no further court action is required. [De
Jesus v. Estate of Decedent Juan Gamboa Dizon
(2001)]
RIGHTS OF ILLEGITIMATE CHILDREN
[Art. 176, FC]

(1) Use the surname and be under the parental
authority of the mother
(2) However, may use the surname of their
father if
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(a) Their filiation has been expressly

recognized by the father through the
record of birth appearing in the civil
register; or
(b) There is an admission in a public
document or private handwritten
instrument made by the father.
(c) Provided, the father has the right to
institute an action before the regular
courts to prove non-filiation during his
lifetime [RA 9255]
CIVIL LAW
(3) Legitimation of children who died before the

celebration of the marriage shall benefit
their descendants [Art. 181, FC]
GROUNDS
FOR
LEGITIMATION
IMPUGNING
(1) The subsequent marriage of the child's

parents is void.
(2) The child allegedly legitimated is not
natural.
(3) The child is not really the child of the
alleged parents. [Sempio-Dy]
The use of the word may in Art. 176 readily

shows that an acknowledged illegitimate
child is under no compulsion to use the
surname of his illegitimate father. The word
may is permissive and operates to confer
discretion upon the illegitimate children.
[Grande v. Antonio (2014)]
RIGHTS
The same as those of legitimate children [Art.
179, FC]
IMPUGNING LEGITIMATION [Art. 182,
(3) Shall be entitled to support in conformity

with the Family Code
(4) Legitime shall consist of one-half of the
legitime of a legitimate child.
FC]
(1) May be made only by those who are
prejudiced in their rights
(2) Within five years from the time their cause
of action accrues
LEGITIMATED CHILDREN
Adoption
Legitimated children are illegitimate children

who because of the subsequent marriage of
their parents are, by legal fiction, considered
legitimate.
Legitimation
Adoption
Legal effect
The law merely makes The law creates by
legal what exists by fiction a relation which
nature
did not in fact exist
Persons affected
Natural children
Strangers (generally)
Procedure
Extrajudicial acts of Always by judicial
parents
decree
Who should apply
Both parents, with
exceptions allowing
Both parents
only one of them to
apply [RA 8552]
Effect on parent-child relationship
Same status and
rights with that of a
Creates a relationship
legitimate child not
only between the child
only in relation to the
and the adopting
legitimizing parents
parents
but also to other
relatives
TO BE CAPABLE OF LEGITIMATION
(1) The child must have been conceived and

born outside of wedlock; and
(2) The parents, at the time of the child's
conception, were not disqualified by any
impediment to marry each other, or
disqualified only because either or both of
them were below 18 y.o. [Art. 177 as
amended by RA 9858]
PROCEDURE AND EFFECTS
(1) Legitimation shall take place by a

subsequent valid marriage between the
parents. The annulment of a voidable
marriage shall not affect the legitimation.
[Art. 178, FC]
(2) Effects of legitimation shall retroact to the
time of the childs birth [Art. 180, FC]
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Adoption a juridical act, which creates

between two persons a relationship similar to
that which results from legitimate paternity and
filiation.
CIVIL LAW
(5) Has submitted all the necessary clearances

and such certifications as may be required
**Items 3, 4 and 5 may be waived under the
following circumstances:
(1) Adopter is a former Filipino Citizen who
seeks to adopt a relative within the 4th
degree of consanguinity or affinity
(2) Adopter seeks to adopt the legitimate or
illegitimate child of his/her Filipino spouse
(3) Adopter is married to a Filipino Citizen and
seeks to adopt jointly with his/her spouse a
relative within the 4th degree of
consanguinity or affinity of the Filipino
spouse
It requires a proceeding in rem, and may only be

proven by a judicial decree issued by a court of
competent jurisdiction, not by open and
continuous cohabitation.
REPUBLIC ACT NO. 8552

DOMESTIC ADOPTION LAW
(FEBRUARY 25, 1998)
WHO CAN ADOPT
GUARDIANS
With respect to their wards, after the
termination of the guardianship and clearance
of his/her accountabilities.
FILIPINO CITIZENS [Sec. 7a]

(1) Of legal age
(2) With full civil capacity and legal rights
(3) Of good moral character and has not been
convicted of any crime involving moral
turpitude
(4) Emotionally and psychologically capable of
caring for children
(5) At least sixteen (16) years older than
adoptee, except when adopter is biological
parent of the adoptee or is the spouse of the
adoptees parent
(6) In a position to support and care for his/her
children in keeping with the means of the
family
(7) Has undergone pre-adoption services
JOINT ADOPTION
General rule: Husband and wife shall adopt
jointly.
Exceptions:
(1) If one spouse seeks to adopt the legitimate
child of the other
(2) If one of the spouses seeks to adopt his/her
illegitimate child provided that the other
spouse has signified his/her consent
(3) If spouses are legally separated from each
other
If spouses jointly adopt, parental authority shall
be jointly exercised by them.
ALIENS [Sec. 7b]

Same for Filipinos provided further that:
(1) His/her country has diplomatic relations
with the Philippines
(2) Has been living in the Philippines for 3
continuous years prior to the filing of
application and maintains such residence
until the decree is entered (provided that
absences not exceeding 60 days per 1 year
for professional, business, or emergency
reasons are allowed)
(3) Has been certified by his/her diplomatic or
consular office or any appropriate
government agency that he/she has the
legal capacity to adopt in his/her country
(4) His/her government allows the adoptee to
enter his/her country as his/her adoptee
WHO CAN BE ADOPTED [Sec. 8]
(1) Minor who has been administratively or

judicially declared available for adoption
(2) Legitimate child of one spouse by another
(3) Illegitimate child by a qualified adopter to
improve the childs status to that of
legitimacy
(4) A person of legal age if, prior to the
adoption, said person has been consistently
considered and treated by the adopter(s) as
his/her child since minority
(5) A child whose previous adoption has been
rescinded
(6) A child whose biological or adoptive
parent(s) has died, provided that no
PAGE 57
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proceedings shall be initiated within 6

months from the time of death of said
parent(s)
CIVIL LAW
PRE-ADOPTION PROCEDURES
VOLUNTARY COMMITMENT OF BIOLOGICAL
MOTHER WANTING TO PUT HER CHILD UP
FOR ADOPTION
EXCEPTIONS TO THE REQUIREMENT OF A

CERTIFICATION THAT THE CHILD IS
AVAILABLE FOR ADOPTION [Sec. 4]
(1) Adoption of an illegitimate child by his/her
biological parent;
(2) Adoption of a child by his/her stepparent;
(3) Adoption by a relative within the 4th civil
degree by consanguinity or affinity
Counseling on her options other than

adoption
Explaining to her the implications of losing

her parental authority over the child
PERSONS WHOSE WRITTEN CONSENT IS

NECESSARY FOR ADOPTION [Sec. 9]
(1) The prospective adoptee if 10 years or older
(2) The prospective adoptees biological
parents, legal guardian or the government
instrumentality or institution that has
custody of the child
(3) The prospective adopters legitimate and
adopted children who are 10 years or older
(4) The prospective adopters illegitimate
children, if any, who are 10 years or older
and living with them
(5) The spouse, if any, of the person adopting or
to be adopted.
Continuing services shall be provided after

relinquishment to cope with feelings of
loss, etc. and other services for his/her
reintegration to the community
Biological parent(s) who decide to keep the

child shall be provided with adequate
services and assistance to fulfill their
parental responsibilities
A decree of adoption shall be effective as of the

date the original petition was filed. It also
applies in case the petitioner dies before the
issuance of the decree of adoption to protect
the interest of the adoptee.
Biological parent(s) who decide to put the

child for adoption shall sign the Deed of
Voluntary Commitment (DVC) which shall
be rescissible within 3 months from signing
of the same
PAGE 58
UP LAW BOC
INVOLUNTARY
COMMITMENT
ABANDONED OR NEGLECTED CHILD
OF
CIVIL LAW
ADOPTION PROCEDURES
Inquiry of prospective adopters at DSWD
Filing of a petition at Regional DSWD in

the form of an affidavit and with the
required supporting documents
Attendance of DSWD Adoption For a and

Seminars (include counseling)
Posting of the petition, then

recommendation by the Regional
Director of the DSWD (5 days each)
Application for Adoption

Case Study Report
Issuance of certification by DSWD

Secretary declaring the child legally
available for adoption
Certificate of Availability for Adoption

Matching
REQUIRED SUPPORTING DOCUMENTS FOR

A PETITION FOR THE DECLARATION OF
INVOLUNTARY COMMITMENT
(1) Social
Case
Study
Report
by
DSWD/LGU/institution charged with childs
custody
(2) Proof of efforts to locate the childs
parents/known relatives
(a) Written
certification
that
a
local/national radio/TV case was aired
on 3 different occasions
(b) Publication in 1 newspaper of general
circulation
(c) Police report / barangay certification of
due diligence
(d) Returned registered mail to last known
address of parents
(3) Birth certificate, if available
(4) Recent
photo
and
photo
upon
abandonment of child
Placement
Supervised Trial Custody
Home Study Report
Recommendation and Consent of DSWD
File Petition for Adoption within 30 days
from Receipt of Consent from DSWD
Adoption Decree
After the decree of adoption, the court may also

issue a travel authority, if needed; DSWD to
provide post adoption services.
The case study report by the DSWD/LGU is
indispensable. Without it, the adoption decree
shall be void. [DSWD v. Judge Belen (1997)]
PAGE 59
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WHO MAY
ADOPTED
NOT
ADOPT/
BE
CIVIL LAW
(5) When only collateral blood relatives survive,

ordinary rules of legal or intestate succession
shall apply
Art. 184 (as amended by RA 8552), FC.

The following may not adopt:
(1) The guardian, with respect to the ward, prior
to the approval of the final accounts
rendered upon the termination of the
guardianship
(2) Any person convicted of a crime of moral
turpitude
NAME
Art. 365, CC. An adopted child shall bear the
surname of the adopter.
RA 8552 allows the change of first name to be
instituted in the same proceeding as the
adoption: the decree of adoption shall state
the name by which the child is to be known.
RIGHTS OF AN ADOPTED CHILD

PARENTAL AUTHORITY
Except in cases where the biological parent is
the adopters spouse, all legal ties between
biological parent and adoptee shall be severed,
and the same shall then be vested on the
adopters. [Sec. 16]
NATIONALITY
Adoption does not confer citizenship: Philippine
citizenship may be lost/acquired [only] in the
manner provided by law. [Sec. 3, Art. 4,
Constitution]
The right to confer citizenship belongs to the
State (political) and cannot be granted by a
citizen through adoption. Adoption creates a
relationship between the adopter and adoptee,
not between the State and the adoptee.
LEGITIMACY
The adoptee shall be considered the legitimate
son/daughter of the adopters for all intents and
purposes, and as such is entitled to all rights
and obligations provided by law to legitimate
children born to them without discrimination of
any kind. [Sec. 17]
RESCISSION OF ADOPTION
Adoptee may file action for rescission, with the

assistance of DSWD if he/she is a minor or over
18 but incapacitated, based on the following
grounds [Sec. 19]:
(1) Repeated physical and verbal maltreatment
by adopters despite having undergone
counseling
(2) Attempt on life of adoptee
(3) Sexual assault or violence
(4) Abandonment or failure to comply with
parental obligations
SUCCESSION
In legal and intestate succession, the adopter
and the adoptee shall have reciprocal rights of
succession without distinction from legitimate
filiation. However, if the adoptee and his/her
biological parents had left a will, the law on
testamentary succession shall govern. [Sec. 18]
Art. 190, FC as amended. Rules on legal or
intestate succession to the estate of the
adoptee:
(1) Legitimate and illegitimate children,
descendants and the surviving spouse of the
adoptee shall inherit in accordance with the
ordinary rules of legal/intestate succession
(2) When the surviving spouse OR illegitimate
children AND adopters concur, they shall
inherit on a 50-50 basis
(3) When the surviving spouse AND illegitimate
children AND adopters concur, they shall
inherit on a 1/3-/1/3-1/3 basis
(4) When only adopters survive, they shall
inherit 100% of the estate
Adoption, being in the best interest of the child,

shall not be subject to rescission by the adopter.
However, the adopter may disinherit the child
based on these causes [Art. 919, CC]:
(1) Conviction of an attempt on the life of the
adopter
(2) Having accused, without grounds, the
adopter of a crime punishable by
imprisonment for more than 6 years
(3) Conviction of adultery/concubinage with
the adopters spouse
PAGE 60
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(4) Having caused the adopter to make or

change a will by force, intimidation or undue
influence
(5) Refusal without just cause to support the
adopter
(6) Maltreatment of the adopter by word/deed
(7) Living a dishonorable/disgraceful life
(8) Conviction of a crime which carries with it
the penalty of civil interdiction
punished for such act, PROVIDED [Sec. 22 (RA

8552)]:
(1) The simulation was for the childs best
interest
(2) Child has been treated consistently as his
own
(3) Petition filed within 5 years of RA 8552s
effectivity (2003)
THREE-IN-ONE PROCEDURE
(1) Correction of entries in birth certificate
(2) Deed of Voluntary Commitment
Declaration of abandonment
(3) Adoption decree
EFFECTS OF RESCISSION [Sec. 20]:

(1) Parental authority of the adoptee's
biological parents, if known, OR the legal
custody of the DSWD shall be restored if the
adoptee is still a minor or incapacitated
(2) Reciprocal rights and obligations of the
adopters and the adoptee shall be
extinguished
(3) Court shall order the Civil Registrar to
cancel the amended certificate of birth of
the adoptee and restore his/her original
birth certificate
(4) Succession rights shall revert to its status
prior to adoption, but only as of the date of
judgment of judicial rescission
(5) Vested rights prior to judicial rescission
shall be respected
OF
or

THE LAW ON INTER-COUNTRY
ADOPTION
(JUNE 7, 1995)
Inter-country Adoption the socio-legal process
of adopting a Filipino child by a foreigner or a
Filipino citizen permanently residing abroad
where the petition is filed, the supervised trial
custody is undertaken, and the decree of
adoption is issued outside the Philippines.
Rescission contemplates a situation where the

adoption decree remains valid until its
termination.
RECTIFICATION
BIRTH
CIVIL LAW
WHO CAN ADOPT
Any foreign national or a Filipino citizen

permanently residing abroad who has the
qualifications and none of the disqualifications
under the Act may file an application if he/she:
(1) Is at least 27 years of age and at least 16
years older than the child to be adopted, at
the time of application unless the adopter is
the parent by nature of the child to be
adopted or the spouse of such parent;
(2) If married, his/her spouse must jointly file
for the adoption;
(3) Has the capacity to act and assume all
rights and responsibilities of parental
authority under his national laws, and has
undergone the appropriate counseling from
an accredited counselor in his/her country;
(4) Has not been convicted of a crime involving
moral turpitude;
(5) Is eligible to adopt under his/her national
law;
(6) Is in a position to provide the proper care
and support and to give the necessary
SIMULATED
Simulation of birth is the tampering of LCR

records to make it appear that a certain child
was born to a person who is not his/her
biological parent, causing said child to lose
his/her true identity/status.
Sec. 21-b (RA 8552). Any person who shall cause
the fictitious registration of the birth of a child
under the name(s) of a person(s) who is not
his/her biological parent(s) shall be guilty of
simulation of birth, and shall be punished by
prision mayor in its medium period and a fine
not exceeding P50,000.00.
A person who has, prior to the effectivity of RA
8552, simulated the birth of a child shall not be
PAGE 61
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moral values and example to all his

children, including the child to be adopted;
(7) Agrees to uphold the basic rights of the
child as embodied under Philippine laws,
the U.N. Convention on the Rights of the
Child, and to abide by the rules and
regulations issued to implement the
provisions of this Act;
(8) Comes from a country with whom the
Philippines has diplomatic relations and
whose government maintains a similarly
authorized and accredited agency and that
adoption is allowed under his/her national
laws;
(9) Possesses all the qualifications and none of
the disqualifications provided in applicable
Philippine laws.
CIVIL LAW
advantage in favor of the adopted child. In the

instant case, however, to hold that parental
authority had been retroactively lodged in the
adopting parents so as to burden them with
liability for a tortuous act that they could not
have foreseen and which they could not have
prevented would be unfair and unconscionable.
[Tamargo v. CA (1992)]
Adoption is a juridical act, proceeding in rem.
Because it is artificial, the statutory
requirements in order to prove it must be strictly
carried out. Petition must be announced in
publications and only those proclaimed by the
court are valid. Adoption is never presumed.
[Lazatin v. Campos (1979)]
WHO CAN BE ADOPTED
Validity of facts behind a final adoption decree

cannot be collaterally attacked without
impinging on that courts jurisdiction. [Santos v.
Aranzanso (1966)]
Legally-free child one who has been

voluntarily or involuntarily committed to the
DSWD of the Philippines, in accordance with the
Child and Youth Welfare Code.
Participation of the appropriate government

instrumentality in performing the necessary
studies and precautions is important and is
indispensable to assure the childs welfare.
[DSWD v. Belen (1997)]
No child shall be matched to a foreign adoptive

family unless it is satisfactorily shown that the
child cannot be adopted locally (last resort).
Consent for adoption must be written and

notarized. [Landingin v. Republic (2006)]
Only a legally-free child may be the subject of

inter-country adoption.
Adopted children do not have a right to

represent their adopters in successional
interests. Although an adopted child is deemed
to be a legitimate child and have the same
rights as the latter, these rights do not include
the right of representation (because the
adopted child has no right to inherit from the
grandparent). The relationship created by the
adoption is between only the adopting parents
and the adopted child. It does not extend to the
blood relatives of either party. [Sayson v. CA
(1992)]
In order that such child may be considered for

placement, the following documents must be
submitted to the Board:
(1) Child study
(2) Birth Certificate / Foundling Certificate
(3) Deed of Voluntary Commitment/ Decree of
Abandonment/ Death Certificate of parents
(4) Medical Evaluation / History
(5) Psychological Evaluation, as necessary
(6) Recent photo of the child
Where the petition for adoption was granted
after the child had shot and killed a girl, the
Supreme Court did not consider the retroactive
effect given to the decree of adoption so as to
impose a liability upon adopting parents at a
time when adopting parents had no actual or
physically custody over the child. Retroactive
effect may perhaps be given to the granting of
the petition for adoption where such is essential
to permit the accrual of some benefit or
PAGE 62
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Support
The order of liability among ascendants and

descendants would be:
(1) Legitimate children and descendants,
(2) Legitimate parents and ascendants,
(3) Illegitimate children and their descendants.
[Tolentino]
WHAT IT COMPRISES
Consists of everything indispensable for

sustenance, dwelling, clothing, medical
attendance, education and transportation, in
keeping with the financial capacity of the family.
[Art. 194, FC]
Education includes a persons schooling or
training for some profession, trade or
vocation, the right to which shall subsist
beyond the age of majority. [Art. 194, FC]
Transportation includes expenses in going to
and from school, or to and from place of work.
[Art. 194, FC]
When two or more are obliged to give support,

the payment shall be divided between them in
proportion to their resources;
Also, in case of urgent need and by special
circumstances, judge may order only one
obligor to furnish support without prejudice to
reimbursement from other obligors of the share
due from them [Art. 200, FC].
If there are multiple recipient sand only one
obligor, and the latter has no sufficient means to
satisfy all claims:
(1) Observe order in Article 199 as to whose
claim shall be satisfied first;
(2) But if the concurrent obligees are the
spouse and a child subject to parental
authority, the child shall be preferred. [Art.
200, FC]
WHO ARE OBLIGED

To support each other:
(1) Spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their children (legitimate and
illegitimate) and the children of the latter
(legitimate and illegitimate);
(4) Legitimate brothers and sisters, whether of
full or half-blood; [Art. 195, FC]
(5) Illegitimate brothers and sisters, whether of
full or half-blood, except when the need for
support of one (of age) is due to a cause
imputable to his/her fault or negligence.
[Art. 196, FC]
The above preference given to a child under

parental authority over the spouse should
prevail only if the person obliged to support
pays it out of his separate property. So if the
support comes from ACP or CPG, the above rule
of preference for the child does not apply.
[Tolentino]
Both legitimate and illegitimate children are

entitled to support.
PROPERTIES
SUPPORT
ANSWERABLE
CIVIL LAW
Even if the parents-in-law were the ones who

called for the physicians services for the
childbirth of their daughter-in-law, it is the
womans husband who is bound to pay the fees
due to the physician. [Pelayo v. Lauron (1909)]
FOR
From the separate property of the obligor. If no

separate property, the ACP/CPG (if financially
capable) shall advance the support, to be
deducted from the obligors share upon
liquidation of such regime. [Art. 197, FC]
Man is still liable for support in arrears since the

mother advanced it from a stranger (the uncle
of the daughters). [Lacson v. San Jose-Lacson
(1968)]
ORDER OF SUPPORT
If there are multiple obligors [Art. 199, FC]:

(1) Spouse
(2) Descendants, nearest in degree
(3) Ascendants, nearest in degree
(4) Brothers and Sisters
Acknowledgment of and commitment to

comply with support obligation through a note
in his own handwriting is proof that a demand
was made. [Lacson v. Lacson (2006)]
PAGE 63
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The amount of support is variable and, for this

reason, no final judgment on the amount of
support is made as the amount shall be in
proportion to the resources or means of the
giver and the necessities of the recipient.
[Gotardo v. Buling (2012)]
spouses ceases. (But in legal separation, court

may order guilty spouse to give support to
innocent spouse.) [Art. 198, FC]
Note: De facto separation does not affect the
ACP and the CPG, except that the spouse who
leaves the conjugal home without just cause
shall not be entitled to support. [Art. 100, FC]
STRANGER GIVES SUPPORT
When, without the knowledge of the person

obliged to give support, it is given by a stranger,
the stranger has the right to claim the same
from the person obliged, unless it appears that
he gave it without intention of being
reimbursed. [Art. 206, FC]
PERSON OBLIGED REFUSES

FAILS TO GIVE SUPPORT
CIVIL LAW
AMOUNT
The amount of support is in proportion to the
means of the provider and the needs of the
receiver, and can be reduced or increased if such
circumstances change. [Arts. 201, 202, FC]
OR
WHEN DEMANDABLE
The obligation to give support shall be
demandable from the time the person who has
a right to receive the same needs it for
maintenance, but it shall not be paid except
from the date of judicial or extra-judicial
demand. [Art. 203, FC]
When the person obliged to give support

unjustly refuses or fails to give support when
urgently needed, any third person may furnish
support to the needy individual, with right of
reimbursement from the person obliged to give
support. This particularly applies when the
father or mother of a minor child unjustly
refuses to support or fails to give support to the
child when urgently needed. [Art. 207, FC]
Support pendente lite may be claimed in

accordance with the Rules of Court. [Art. 203,
FC]
CONTRACTUAL SUPPORT OR THAT

GIVEN BY WILL
Payment shall be made within the first 5 days of

each corresponding month. When the recipient
dies, his heirs shall not be obliged to return
what he has received in advance. [Art. 203, FC]
The excess in amount beyond that required for

legal support shall be subject to levy on
attachment or execution. [Art. 208, FC]
OPTIONS
Reason: The amount of support agreed upon in

the contract or given in the will can be more
than what the recipient needs [Sempio-Diy].
(1) Payment of the amount; or

(2) Receiving and maintaining the recipient in
the home of the provider, unless there is a
legal or moral obstacle for doing so.
Furthermore, contractual support shall be

subject to adjustment whenever modification is
necessary due to changes in circumstances
manifestly beyond the contemplation of the
parties. [Art. 208, FC]
ATTACHMENT
The right to receive support as well as any
money or property obtained as such support
shall not be levied upon on attachment or
execution. [Art. 205, FC]
SUPPORT DURING MARRIAGE

LITIGATION
This is to protect that which the law gives to the

recipient against want and misery. [Tolentino]
Pending legal separation or annulment, and for

declaration of nullity, support pendente lite for
spouses and children will come from the
ACP/CPG. After final judgment granting the
petition, mutual support obligation between
PAGE 64
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Parental Authority
CIVIL LAW
(2) Cannot be renounced, transferred or

waived, except in cases authorized by law
[Art. 210, FC]
(3) Jointly exercised by the father and the
mother [Art. 211, FC]
(4) Purely personal and cannot be exercised
through agents
(5) Temporary
GENERAL PROVISIONS
Parental authority is the mass of rights and

obligations which parents have in relation to the
person and property of their children until their
emancipation, and even after this under certain
circumstances [Manresa].
PARENTAL PREFERENCE RULE
The natural parents, who are of good character

and who can reasonably provide for the child,
are ordinarily entitled to custody as against all
persons. [Santos v. CA (1995)]
PARENTAL AUTHORITY INCLUDES
[Art. 209]:
(1) The caring for and rearing of children for
civic consciousness and efficiency;
(2) The development of the moral, mental and
physical character and well-being of said
children
WHO EXERCISES AUTHORITY IN

CASES OF DEATH, ABSENCE,
UNSUITABILITY, REMARRIAGE, OR
SEPARATION OF PARENTS
Parental authority and responsibility may not be

renounced or transferred except in the cases
authorized by law. [Art. 210, FC]
(1) In case one parent is absent or already dead,

the present or surviving parent [Art. 212, FC]
Remarriage of the surviving parent shall
not affect his/her parental authority over
the children, unless the court appoints
another person to be the guardian of the
children or their property [Art. 212, FC]
(2) In case of a void/annulled marriage, and
there is no agreement between spouses, the
parent designated by the court [Art. 43(1),
FC; Art. 49, FC]
(3) Innocent spouse gets custody of minor
children in legal separation [Art. 63(3), FC]
(4) The court shall take into account all
relevant considerations, especially the
choice of the child over seven years of age,
unless the parent chosen is unfit [Art. 213(1),
FC]
(5) Substitute parental authority [Art. 214, FC]
(a) In case of death, absence or
unsuitability of the parents, substitute
parental authority shall be exercised by
the surviving grandparent
(b) When several grandparents survive, the
one designated by the court shall
exercise parental authority, taking into
account all relevant considerations,
especially the choice of the child over
seven years of age, unless the
grandparent chosen is unfit
CASES
WHEN
PARENTAL
AUTHORITY AND RESPONSIBILITY
MAY
BE
TRANSFERRED
OR
RENOUNCED
(1) Adoption;
(2) Guardianship; or
(3) Commitment of the child in an entity or
institution engaged in childcare or in a
childrens home.
RULES AS TO THE EXERCISE OF

PARENTAL AUTHORITY
(1) Jointly exercised by the father and mother

overt heir common children, but in case of
disagreement, the father's decision shall
prevail, unless there is a judicial order to the
contrary [Art. 211, FC]
(2) Exercised by the mother if the child is
illegitimate [Art.176, FC]
(3) Children under parental authority shall
always observe respect and reverence
towards their parents and are obliged to
obey them [Art. 211, FC]
CHARACTERISTICS OF PARENTAL
AUTHORITY
(1) Natural right and duty of parents [Art. 209,

FC]
PAGE 65
UP LAW BOC
DESCENDANTS
PRIVILEGE
REFUSAL TO TESTIFY [Art. 215, FC]
OF
SUBSTITUTE PARENTAL AUTHORITY

OVER DISADVANTAGED CHILDREN
General rule: No descendant shall be

compelled, in a criminal case, to testify against
his parents and grandparents.
Exception:
When
such
testimony
indispensable in:
(1) a crime against the descendant, or
(2) a crime by one parent against the other.
CIVIL LAW
[Art. 217, FC]

Entrusted in summary judicial proceedings to:
(1) Heads of childrens homes
(2) Orphanages
(3) Similar institutions duly accredited by the
proper government agency (such as the
DSWD)
is
WHO ARE DISADVANTAGED CHILDREN

(1) Foundlings
(2) Abandoned
(3) Neglected
(4) Abused
(5) Others similarly situated
TENDER YEARS PRESUMPTION
No child under 7 years of age shall be separated

from the mother, unless the court finds
compelling reasons to order otherwise. [Art.
213(2); Gamboa v. CA (2007)]
PERSONS EXERCISING SPECIAL

PARENTAL AUTHORITY [Art. 218, FC]
Examples of compelling reasons are:

(1) When the mother is insane;
(2) With a communicable disease that might
endanger the life or health of the child;
(3) Is maltreating the child; or
(4) Has another child by another man who lives
with her. [Cervantes v. Fajardo (1989)]
(1) School, its administrators and teachers; or

(2) The individual, entity or institution engaged
in childcare
Note: Exercised over minor child while under
their supervision, instruction or custody.
Alleged lesbianism [Gualberto v. Gualberto

(2005)], prostitution or infidelity to husband
does not necessarily make a mother unfit as
parent. It must be shown that such lesbianism,
prostitution or infidelity adversely affects the
child.
Substitute Parental
Authority
Special Parental
Authority
It
is
exercised
concurrently with the
parental authority of
the parents and rests
on the theory that
It is exercised in case
while the child is in the
of death, absence, or
custody of the person
in case of unsuitability
exercising
special
of parents.
parental authority, the
parents temporarily
relinquish
parental
authority over the
child to the latter.
SUBSTITUTE AND SPECIAL

PARENTAL AUTHORITY
PERSONS EXERCISING SUBSTITUTE
PARENTAL AUTHORITY IN DEFAULT
OF PARENTS
OR JUDICIALLY
APPOINTED GUARDIAN
In order:
(1) The surviving grandparent [Art. 214, FC]
(2) Oldest brother or sister, over 21 years old,
unless unfit or unqualified.
(3) Childs actual custodian, over 21 years old,
unless unfit or unqualified.
The special parental authority and responsibility

applies to all authorized activities, whether
inside or outside the premises of the school,
entity or institution. [St. Marys Academy v.
Carpitanos (2002)
The same order applies to the appointment of

judicial guardian over the property of the child.
PAGE 66
UP LAW BOC
CIVIL LAW
(4) To administer their property and to use the

fruits and income for the support of the
children and collective daily needs of the
family [Art. 225 and 226, FC]
(5) To give or withhold consent to their
marriage, their marriage settlements, their
donations by reason of marriage, adoption,
and employment [Tolentino]
(6) To disinherit them for just cause [Tolentino]
LIABILITY OF THOSE EXERCISING

SPECIAL PARENTAL AUTHORITY
OVER THE CHILD [Art. 219, FC]
(1) Principal and solidary liability for damages

caused by the acts or omissions of the minor
child while under their special parental
authority
(2) Subsidiary liability for the parents and
judicial guardians of the minor, or those
exercising substitute parental authority over
such minor for his acts and omissions
Art. 220 which states that the parent has a right

to impose necessary discipline on the child does
not authorize the parent to invade or disregard
the childs honor and dignity under the mask of
discipline. Such acts can never be justified as
parental punishment. [People v. Silvano (1999)]
Both groups can use the defense that they

exercised proper diligence to avoid liability
DOCTRINE OF VICARIOUS LIABILITY
[Art. 2180 (2, 3, 7, 8), CC]

(1) The father, and in case of his death, the
mother are responsible for the damages
caused by their minor children who live in
their company
(2) Guardians are liable for damages caused by
the minors or incapacitated persons who
are under their authority and live in their
company
(3) Teachers or heads of establishments of arts
and trades shall be liable for damages
caused by their pupils and students or
apprentices, so long as they remain in their
custody
DUTIES OF PARENTS UPON THE

PERSON OF THE CHILDREN
(1) To support them, providing for their

upbringing in accordance with their means
[Art. 220, FC]
(2) To educate, instruct, and provide them with
moral and spiritual guidance and love and
understanding [Art. 220, FC]
(3) To furnish them with good and wholesome
educational materials, supervise their
activities, recreation and association with
others, protect them from bad company,
and prevent them from acquiring habits
detrimental to their health [Art. 220, FC]
(4) To perform such other duties as are
imposed by law [Art. 220, FC]
(5) To give their lawful inheritance [Tolentino]
(6) To protect them from unlawful aggression
[Tolentino]
(7) To answer for damages caused by their fault
or negligence and for the civil liability for
crimes committed by them. [Art. 221, FC]
Responsibility in Art. 2180 shall cease when the

persons responsible mentioned prove that they
observed all the diligence of a good father of
the family
EFFECT OF PARENTAL
AUTHORITY UPON THE
PERSONS OF THE CHILDREN
SUBSTITUTE REPRESENTATION
The courts may appoint a guardian of the childs

property, or a guardian ad litem when the best
interests of the child so requires. [Art. 222, FC]
RIGHTS OF PARENTS UPON THE

PERSON OF THE CHILDREN
(1) To keep them in their company [Art. 220,

FC]
(2) To represent them in all matters affecting
their interests [Art. 220, FC]
(3) To demand from them respect and
obedience and impose necessary discipline
on them [Art. 220, FC]
COURT
ASSISTANCE
IN
DISCIPLINE OF THE CHILD
THE
(1) The parents or, in their absence or

incapacity, the individual, entity or
institution exercising parental authority,
may petition the proper court of the place
PAGE 67
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where the child resides, for an order

providing for disciplinary measures over the
child. [Art. 223, FC]
(2) The child shall be entitled to the assistance
of counsel, either of his choice or appointed
by the court, and a summary hearing shall
be conducted wherein the petitioner and
the child shall be heard. [Art. 223, FC]
(3) If the court finds the petition meritorious,
disciplinary measures may include the
commitment of the child for not more than
30 days in entities or institutions engaged in
childcare or in childrens homes duly
accredited by the proper government
agency. [Art. 224, FC]
The parent exercising parental authority
shall not interfere with the case of the
child whenever committed but shall
provide for his support. [Art. 224, FC]
Upon proper petition or at its own
instance, the court may terminate the
commitment of the child whenever just
and proper. [Art. 224, FC]
(4) If the court finds the petitioner at fault,
irrespective of the merits of the petition, or
when the circumstances so warrant, the
court may also order the deprivation or
suspension of parental authority or adopt
such other measures as it may deem just
and proper. [Art. 223, FC]
CIVIL LAW
bond of not less than 10% of the value of

the childs property or annual income.
PROCEDURE IN THE APPROVAL OF

THE PARENTS BOND [Art. 225, FC]
(1) A verified petition for approval of the bond

shall be filed in the proper court of the place
where the child resides.
(2) If the child resides in a foreign country, the
petition shall be filed in the proper court of
the place where the property or any part
thereof is situated.
(3) The petition shall be docketed as a
summary special proceeding. The court
shall determine the amount of the bond,
but shall not be less than 10% of the market
value of the childs property or of his annual
income.
OWNERSHIP OF CHILDS
ACQUISITIONS
The property of the unemancipated child earned

or acquired with his work or industry or by
onerous or gratuitous title shall belong to the
child in ownership and shall be devoted
exclusively to the latters support and education,
unless the title or transfer provides otherwise.
[Art. 226, FC]
PARENTS USUFRUCT
The right of the parents over the fruits and

income (not the property itself) of the childs
property shall be limited primarily to the childs
support and secondarily to the collective daily
needs of the family. [Art. 226, FC]
EFFECTS OF PARENTAL
AUTHORITY UPON THE
PROPERTY OF THE CHILDREN
[Art. 225, FC]
(1) The father and mother shall jointly exercise
legal guardianship over the property of the
minor common child without court
appointment.
(2) In case of disagreement, the fathers
decision shall prevail, unless there is judicial
order to the contrary.
(3) The ordinary rules on guardianship shall be
merely suppletory except when the child is
under substitute parental authority, or the
guardian is a stranger, or a parent has
remarried, in which case the ordinary rules
on guardianship shall apply.
(4) If the market value of the property or the
annual income of the child exceeds
P50,000, the parent is required to furnish a
WHEN PARENTS ENTRUST THE

MANAGEMENT
OF
THEIR
PROPERTIES TO A CHILD [Art. 227, FC]
If the parents entrust the management or

administration of any of their properties to an
unemancipated child, the net proceeds of
such property shall belong to the owner.
The child shall be given a reasonable monthly
allowance in an amount not less than that
which the owner would have paid if the
administrator were a stranger, unless the
owner grants the entire proceeds to the child.
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In any case, the proceeds thus given in whole

or in part shall not be charged to the childs
legitime.
(5) Subjects the child or allows him to be

subjected to acts of lasciviousness
The aforesaid grounds are to include cases
which resulted from culpable negligence of the
parent or the person exercising parental
authority.
SUSPENSION OR TERMINATION
OF PARENTAL AUTHORITY;
RA 7610, CHILD ABUSE LAW
If the degree of seriousness or the welfare of the

child so demands, the court may deprive the
guilty party of parental authority or adopt such
other measures as may be proper.
PARENTAL AUTHORITY
PERMANENTLY TERMINATES
(1)
(2)
(3)
(4)
CIVIL LAW
Upon death of parents [Art. 228, FC]

Upon death of child [Art. 228, FC]
Upon emancipation of child [Art. 228, FC]
If the parents exercising parental authority
has subjected the child or allowed him to be
subjected to sexual abuse [Art. 232, FC]
PERMANENT DEPRIVATION OF
PARENTAL AUTHORITY ON
GROUNDS OF SEXUAL ABUSE [Art. 232,
FC]
If the person exercising parental authority has
subjected or has allowed the child to be
subjected to sexual abuse, such person shall be
permanently deprived of authority over the
child.
In the case of death of parents, there is no

absolute termination of parental authority
because while the child is still a minor, the
grandparents, brothers and sisters, or a
guardian may exercise substitute parental
authority over the child [Art. 216, FC]
SCOPE
OF
SUBSTITUTE
AND
SPECIAL PARENTAL AUTHORITY [Art.
TERMINATION
OF
PARENTAL
AUTHORITY WHICH CAN BE REVIVED
BY FINAL JUDGMENT [Art. 229, FC]
233, FC]
The person exercising substitute parental
authority shall have the same authority over
the person of the child as the parents.
In no case shall the school administrators,
teacher or individual engaged in childcare
exercising special parental authority inflict
corporal punishment upon the child.
(1) Upon adoption of the child;

(2) Upon the appointment of a general
guardian for the child;
(3) Upon judicial declaration of
(a) Abandonment of the child in a case
filed for the purpose
(b) Absence or incapacity of the person
exercising parental authority
(4) Upon final judgment of a competent court
divesting the party concerned of parental
authority.
RA 7610, CHILD ABUSE LAW

PERSONS LIABLE
(1) Those who engage in or promote, facilitate
or induce child prostitution which include,
but are not limited to, the following:
(a) Acting as a procurer of a child
prostitute;
(b) Inducing a person to be a client of a
child prostitute by means of written or
oral advertisements or other similar
means;
(c) Taking advantage of influence or
relationship to procure a child as
prostitute;
(d) Threatening or using violence towards a
child to engage him as a prostitute; or
GROUNDS FOR SUSPENSION OF

PARENTAL AUTHORITY [Art. 230 and
231, FC]
(1) Conviction of parent for crime which carries
with it the penalty of civil interdiction
(2) Treats child with excessive harassment and
cruelty
(3) Gives corrupting orders, counsel, or
example
(4) Compels child to beg
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(e) Giving monetary consideration, goods

or other pecuniary benefit to a child
with intent to engage such child in
prostitution.
(2) Those who commit the act of sexual
intercourse of lascivious conduct with a
child exploited in prostitution or subject to
other sexual abuse
(3) Those who derive profit or advantage
therefrom, whether as manager or owner of
the establishment where the prostitution
takes place, or of the sauna, disco, bar,
resort, place of entertainment or
establishment serving as a cover or which
engages in prostitution in addition to the
activity for which the license has been
issued to said establishment.
(4) Any person who, not being a relative of a
child, is found alone with the said child
inside the room or cubicle of a house, an
inn, hotel, motel, pension house, apartelle
or other similar establishments, vessel,
vehicle or any other hidden or secluded area
under circumstances which would lead a
reasonable person to believe that the child
is about to be exploited in prostitution and
other sexual abuse.
(5) Any person who is receiving services from a
child in a sauna parlor or bath, massage
clinic, health club and other similar
establishments.
(6) Any person who shall engage in trading and
dealing with children including, but not
limited to, the act of buying and selling of a
child for money, or for any other
consideration, or barter
(7) Any person who lets a child to travel alone
to a foreign country without valid reason
therefor and without clearance issued by
the Department of Social Welfare and
Development or written permit or
justification from the child's parents or legal
guardian
(8) Any person, agency, establishment or childcaring institution who recruits women or
couples to bear children for the purpose of
child trafficking
(9) Any doctor, hospital or clinic official or
employee, nurse, midwife, local civil registrar or
any other person who simulates birth for the
purpose of child trafficking
CIVIL LAW
(10) Any person who engages in the act of

finding children among low-income
families, hospitals, clinics, nurseries, daycare centers, or other child-caring
institutions who can be offered for the
purpose of child trafficking
(11) Any pregnant mother who executes an
affidavit of consent for adoption for a
consideration
(12) Any person who shall hire, employ, use,
persuade, induce or coerce a child to
perform in obscene exhibitions and indecent
shows, whether live or in video, or model in
obscene publications or pornographic
materials or to sell or distribute the said
materials
(13) Any person who shall commit any other acts
of child abuse, cruelty or exploitation or to
be responsible for other conditions
prejudicial to the child's development
(14) Any person who shall keep or have in his
company a minor, 12 years or under or who
is 10 years or more his junior in any public or
private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna
or massage parlor, beach and/or other
tourist resort or similar places
Exception: Any person who is related
within the fourth degree of consanguinity
or affinity or any bond recognized by law,
local custom and tradition or acts in the
performance of a social, moral or legal
duty
(15) Any person who shall induce, deliver or offer
a minor to any one prohibited by RA 7610 to
keep or have in his company a minor.
(16) Any person, owner, manager or one
entrusted with the operation of any public
or private place of accommodation, whether
for occupancy, food, drink or otherwise,
including residential places, who allows any
person to take along with him to such place
or places any minor herein described.
(17) Any person who shall use, coerce, force or
intimidate a street child or any other child
to:
(a) Beg or use begging as a means of living;
(b) Act as conduit or middlemen in drug
trafficking or pushing; or
(c) Conduct any illegal activities.
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Emancipation
CIVIL LAW
SEPARATION IN FACT
[as amended by RA
A verified petition alleging the following facts is

required when [Art. 239]:
(1) A husband and wife are separated in fact;
or,
(2) One has abandoned the other
6809]
Art. 234, FC. Emancipation takes place by the
attainment of majority. Unless otherwise
provided, majority commences at the age of
eighteen years.
SITUATION
Where one of them seeks judicial authorization

for a transaction where the consent of the other
spouse is required by law but such consent is
withheld or cannot be obtained
Art. 236, FC. 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.
The petition shall:

(1) Attach the proposed deed, if any,
embodying the transaction, if none, shall
describe in detail the said transaction and
state the reason why the required consent
thereto cannot be secured.
(2) The final deed duly executed by the parties
shall be submitted to and approved by the
court.
Contracting marriage shall require parental

consent until the age of twenty-one.
Nothing in this Code shall be construed to
derogate from the duty or responsibility of
parents and guardians for children and wards
below twenty-one years of age mentioned in the
second and third paragraphs of Article 2180 of
the Civil Code.
SEPARATE CLAIM FOR DAMAGES
Claims for damages by either spouse, except

costs of the proceedings, may be litigated only
in a separate action. [Art. 240,FC]

By virtue of this law, emancipation can no
longer take place by virtue of the minors
marriage or by the concession of the parents to
a minor in a recorded public instrument.
JURISDICTION
Jurisdiction over the petition shall, upon proof of

notice to the other spouse, be exercised by the
proper court authorized to hear family cases, if
one exists, or in the regional trial court or its
equivalent sitting in the place where either of
the spouses resides. [Art. 241, FC]
Summary Judicial
Proceedings in the Family
Law
NOTIFICATION TO OTHER SPOUSE
[Art. 242, FC]

(1) Upon the filing of the petition, the court
shall notify the other spouse, whose consent
to the transaction is required, of said
petition, ordering said spouse to show cause
why the petition should not be granted, on
or before the date set in said notice for the
initial conference.
(2) The notice shall be accompanied by a copy
of the petition and shall be served at the
last known address of the spouse
concerned.
PROCEDURAL RULES
PROVIDED FOR IN THIS TITLE
SHALL APPLY TO [Art. 238, FC]
(1) Separation in fact between husband and
wife
(2) Abandonment by one of the other
(3) Incidents involving parental authority
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CIVIL LAW
INCIDENTS INVOLVING
PARENTAL AUTHORITY
PROCEDURE
(1) A preliminary conference shall be
conducted by the judge personally without
the parties being assisted by counsel.
(2) After the initial conference, if the court
deems it useful, the parties may be assisted
by counsel at the succeeding conferences
and hearings. [Art. 243, FC]
(3) If the petition is not resolved at the initial
conference, said petition shall be decided in
a summary hearing.
Basis of summary hearing (at the sound
discretion of the court):
(a) Affidavits
(b) Documentary evidence
(c) Oral testimonies at the courts sound
discretion. If testimony is needed, the
court shall specify the witnesses to be
heard and the subject-matter of their
testimonies, directing the parties to
present said witnesses. [Art. 246(a),
FC]
PROCEDURE
(1) Such petitions shall be verified and filed in

the proper court of the place where the
child resides. [Art. 250, FC]
(2) Upon the filing of the petition, the court
shall notify the parents or, in their absence
or incapacity, the individuals, entities or
institutions exercising parental authority
over the child. [Art. 251, FC]
Petitions filed under Articles 223, 225 and 235
of this Code involving parental authority shall
be verified. [Art. 249, FC]
The rules in Chapter 2 hereof shall also govern
summary proceedings under this Chapter
insofar as they are applicable [Art. 253, FC]
The foregoing rules in Chapter 2 (Separation in
Fact) and (Incidents Involving Parental
Authority) hereof shall likewise govern summary
proceedings filed:
(1) Declaration of presumptive death [Art. 41,
FC]
(2) Delivery of presumptive legitime [Art. 51, FC]
(3) Fixing of family domicile [Art. 69, FC]
(4) Disagreements regarding one spouses
profession, occupation, business, or activity
[Art. 73, FC]
(5) Disposition or encumbrance of common
property in ACP where one spouse is
incapacitated or unable to participate in the
administration; administration of absolute
community in a disagreement and the wife
takes recourse within five years [Art. 96, FC]
(6) Disposition or encumbrance of common
property in CPG where one spouse is
incapacitated or unable to participate in the
administration;
administration
of
partnership property in a disagreement and
the wife takes recourse within five years,
[Art. 124, FC]
WHEN APPEARANCE OF SPOUSES

REQUIRED
(1) In case of non-appearance of the spouse

whose consent is sought, the court shall
inquire into the reasons for his failure to
appear, and shall require such appearance,
if possible. [Art. 244, FC]
(2) If, despite all efforts, the attendance of the
non-consenting spouse is not secured, the
court may proceed ex parte and render
judgment as the facts and circumstances
may warrant. In any case, the judge shall
endeavor to protect the interests of the nonappearing spouse. [Art. 245, FC]
NATURE OF JUDGMENT
The judgment of the court shall be immediately

final and executory. [Art 247]
RULES APPLICABLE FOR

ADMINISTERING OR ENCUMBERING
SEPARATE PROPERTY OF SPOUSE
The petition for judicial authority to administer

or encumber specific separate property of the
abandoning spouse and to use the fruits or
proceeds thereof for the support of the family
shall also be governed by these rules. [Art. 248,
FC]
When wife and husband are de facto separated

and the CPG is insufficient, the spouse present
shall, upon a petition, be given judicial authority
to administer or encumber any specific property
of the other spouse and use the fruits and
PAGE 72
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CIVIL LAW
proceeds thereof to satisfy the latters share.

[Art. 127, FC]
No human remains shall be retained, interred,

disposed of or exhumed without the consent of
the persons mentioned in articles 294 and 305.
Retroactive Effect
DAMAGES
Any person who shows disrespect to the dead,

or wrongfully interferes with a funeral shall be
liable to the family of the deceased for
damages, material and moral [Art. 309, CC]
This Code shall have retroactive effect insofar as

it does not prejudice or impair vested or
acquired rights in accordance with the Civil
Code or other laws. [Art 256, FC]
FUNERAL EXPENSES
The construction of a tombstone or mausoleum

shall be deemed a part of the funeral expenses,
and shall be chargeable to the conjugal
partnership property, if the deceased is one of
the spouses [Art. 310, CC].
Funeral
RELATIVES DUTY AND RIGHTS
TO ARRANGE FUNERALS
The duty and the right to make arrangements
for the funeral of a relative shall be in
accordance with the order established for
support, under Article 294 [Art. 305, CC]:
(1) Spouse
(2) Descendants in the nearest degree. In case
of descendants of the same degree, the
oldest shall be preferred.
(3) The ascendants in the nearest degree. In
case of ascendants, the paternal shall have
a better right.
(4) The brothers and sisters, the oldest shall be
preferred.
(5) Municipal authorities, if there are no
persons who are bound to support or if such
persons are without means.
GUIDELINES
IN
MAKING
FUNERAL ARRANGEMENTS
(1) The persons who are preferred in the right

to make funeral arrangements may waive
the right expressly or impliedly in which
case the right and duty immediately
descend to the person next in the order.
(2) It must be in keeping with the social
position of the deceased.
(3) Law shall prevail over the will of the persons
who have the right to control the burial of
deceased exhumation, evidential purpose,
disposition of corpse by deceased,
mutilation of corpses and autopsies.
(4) Corpses which are to be buried at public
expenses may also be used for scientific
purposes under certain conditions.
(5) Expressed wishes of the deceased is given
priority provided that it is not contrary to law
and must not violate the legal and
reglementary
provisions
concerning
funerals and disposition of the remains
(time, manner, place or ceremony)
(6) In the absence of expressed wishes, his
religious beliefs or affiliation shall
determine the funeral rights.
(7) In case of doubt, the persons in Art. 199
shall decide.
(8) Any person who disrespects the dead or
interferes with the funeral shall be liable for
material and moral damages.
NATURE OF FUNERAL
Every funeral shall be in keeping with the social

position of the deceased. [Art. 306]
The funeral shall be [Art. 307, CC]:
(1) In accordance with the expressed wishes of
the deceased.
(2) In the absence of such expression, his
religious beliefs or affiliation shall
determine the funeral rites.
(3) In case of doubt, the form of the funeral
shall be decided upon by the person obliged
to make arrangements for the same, after
consulting the other members of the family
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Use of Surnames
(b) She or the former husband is married

again to another person.
(3) When legal separation has been granted,
the wife shall continue using her name and
surname employed before the legal
separation. [Art. 372, CC]
(4) A widow may use the deceased husband's
surname as though he were still living, in
accordance with Article 370. [Art 373, CC]
SURNAMES OF CHILDREN
(1) Legitimate and legitimated children shall

principally use the surname of the father.
[Art. 364, CC]
(2) An adopted child shall bear the surname of
the adopter. [Art. 365, CC]
(3) A natural child acknowledged by both
parents shall principally use the surname of
the father. If recognized by only one of the
parents, a natural child shall employ the
surname of the recognizing parent. [Art 366,
CC]
(4) Natural children by legal fiction shall
principally employ the surname of the
father. [Art. 367, CC]
(5) Illegitimate children referred to in Article 287
shall bear the surname of the mother. [Art
368, CC]
(6) Children conceived before the decree
annulling a voidable marriage shall
principally use the surname of the father.
[Art. 369, CC]
WIFE AFTER
MARRIAGE
AND
CIVIL LAW
CONFUSION AND CHANGE OF

NAMES
In case of identity of names and surnames, the
younger person shall be obliged to use such
additional name or surname as will avoid
confusion. [Art. 374, CC]
In case of identity of names and surnames
between ascendants and descendants, the word
"Junior" can be used only by a son. Grandsons
and other direct male descendants shall either
[Art. 375, CC]:
(1) Add a middle name or the mother's
surname, or
(2) Add the Roman Numerals II, III, and so on.
DURING
Usurpation of a name and surname may be the

subject of an action for damages and other
relief. [Art. 377, CC]
(1) A married woman may use [Art. 370, CC]:

(a) Her maiden first name and surname
and add her husband's surname, or
(b) Her maiden first name and her
husband's surname or
(c) Her husband's full name, but prefixing a
word indicating that she is his wife, such
as "Mrs."
The wife cannot claim an exclusive
right to use the husbands surname.
She cant be prevented from using it;
but neither can she restrain others
from using it. [Tolentino]
(2) In case of annulment of marriage, and the
wife is the guilty party, she shall resume her
maiden name and surname. If she is the
innocent spouse, she may resume her
maiden name and surname. However, she
may choose to continue employing her
former husband's surname, unless [Art. 371,
CC]:
(a) The court decrees otherwise, or
The unauthorized or unlawful use of another

person's surname gives a right of action to the
latter [Art. 378, CC]
The employment of pen names or stage names
is permitted, provided it is done in good faith
and there is no injury to third persons. Pen
names and stage names cannot be usurped.
[Art. 379, CC]
Except as provided in the preceding article, no
person shall use different names and surnames.
[Art 380, CC]
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Absence
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.
PROVISIONAL MEASURES IN
CASE OF ABSENCE
Art. 43, CC. 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.
SUBSEQUENT MARRIAGE
CONTRACTED WHEN ONE
SPOUSE IS ABSENT
General rule: Marriage contracted by any person

during the subsistence of a previous marriage is
void.
Article 43 provides a statutory presumption

when there is doubt on the order of death
between persons who are called to succeed each
other (only).
Exceptions:
The following subsequent marriage of the
present spouse is valid:
(1) Subsequent marriage due to ordinary
absence where:
(a) The prior spouse had been absent for 4
consecutive years;
(b) The spouse present had a well-founded
belief that absent spouse is dead; and
(c) Judicial declaration of presumptive
spouse).
(2) Subsequent marriage due to extraordinary
absence where:
(a) The prior spouse had been missing for 2
consecutive years;
(b) There is danger of death attendant to
the disappearance [Art. 391, Civil Code];
(c) The spouse present had a well-founded
belief that the missing person is dead;
and
(d) Judicial declaration of presumptive
spouse).
The statutory presumption of Article 43 was not

applied due to the presence of a credible
eyewitness as to who died first. [Joaquin v.
Navarro (1948)]
PRESUMPTION IN THE RULES OF

COURT (RULE 131, SEC. 3, (JJ.)
(PRESUMPTION OF SURVIVORSHIP)
Age
Both under 15
Both above 60
One under 15, the other
above 60
Both over 15 and under
60; different sexes
Both over 15 and under
60; same sex
One under 15 or over 60,
the other between those
ages
CIVIL LAW
Presumed Survivor
Older
Younger
One under 15
Male
Older
One between 15 and 60
Applicable only to two or more persons who

perish in the same calamity, and it is not shown
who died first, and there are no particular
circumstances from which it can be inferred.
Institution of a summary proceeding is not

sufficient. There must also be a summary
judgment. [Balane]
Only the deserted spouse can file or institute a
summary proceeding for the declaration of
presumptive death of the absentee. [Bienvenido
case]
Art. 41, CC. 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
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There must have been diligent efforts on the

part of the deserted spouse to locate the absent
spouse. These diligent efforts correspond to the
requirement of the law for a well-founded
belief.
CIVIL LAW
WHO MAY BE APPOINTED

REPRESENTATIVE
AS
(1) Spouse present shall be preferred when

there is no legal separation.
(2) If no spouse or spouse is incapacitated, any
competent person.
Exception to the Exception:
DECLARATION OF ABSENCE
Art. 381, CC. When a person disappears from his

domicile, his whereabouts being unknown, and
without leaving an agent to administer his
property, the judge, at the instance of an
interested party, a relative, or a friend, may
appoint a person to represent him in all that
may be necessary.
Art. 384, CC. Two years having elapsed without

any news about the absentee or since the
receipt of the last news, and five years in case
the absentee has left a person in charge of the
administration of his property, his absence may
be declared
This same rule shall be observed when under

similar circumstances the power conferred by
the absentee has expired.
Art. 385, CC. The following may ask for the

declaration of absence:
(1) The spouse present;
(2) The heirs instituted in a will, who may
present an authentic copy of the same;
(3) The relatives who may succeed by the law of
intestacy;
(4) Those who may have over the property of
the absentee some right subordinated to
the condition of his death.
Art. 382, CC. The appointment referred to in the

preceding article having been made, the judge
shall take the necessary measures to safeguard
the rights and interests of the absentee and
shall specify the powers, obligations and
remuneration of his representative, regulating
them, according to the circumstances, by the
rules concerning guardians.
Article 386, CC. The judicial declaration of

absence shall not take effect until six months
after its publication in a newspaper of general
circulation.
Art. 383, CC. In the appointment of a

representative, the spouse present shall be
preferred when there is no legal separation.
WHEN MAY ABSENCE BE DECLARED
If the absentee left no spouse, or if the spouse

present is a minor, any competent person may
be appointed by the court.
(1) Two years without any news about the

absentee
(2) Five years if the absentee left a person in
charge of administration of his property
(3) Declaration takes effect only after six
months after publication in a newspaper of
general circulation
REQUISITES TO APPOINT
REPRESENTATIVE
The judge may appoint a person to represent

absentee when:
(1) Person disappears from his domicile
(2) His whereabouts are unknown
(3) No agent to administer his property
(4) An interested party, a relative, or a friend
files the action
WHO MAY ASK FOR A DECLARATION

OF ABSENCE
(1) Spouse present

(2) Heirs instituted in a will, who may present an
authentic copy of the same;
(3) Relatives who may succeed by the law of
intestacy;
(4) Those who may have some right over the
property of the absentee, subordinated to the
condition of his death.
PAGE 76
UP LAW BOC
ADMINISTRATION
OF
THE
PROPERTY OF THE ABSENTEE
CIVIL LAW
PRESUMPTION OF DEATH
Art. 390, CC. After an absence of 7 years, it
Art. 387, CC. An administrator of the absentee's

property shall be appointed in accordance with
Article 383.

an absence of 10 years. If he disappeared after
the age of 75 years, an absence of 5 years shall
be sufficient in order that his succession may be
opened.
Art. 388, CC. The wife who is appointed as an

administratrix of the husband's property cannot
alienate or encumber the husband's property, or
that of the conjugal partnership, without judicial
authority.
Art. 389, CC. The administration shall cease in
any of the following cases:
(1) When the absentee appears personally or
by means of an agent;
(2) When the death of the absentee is proved
and his testate or intestate heirs appear;
(3) When a third person appears, showing by a
proper document that he has acquired the
absentee's property by purchase or other
title.
Art. 391, CC. The following shall be presumed

years;
In these cases the administrator shall cease in

the performance of his office, and the property
shall be at the disposal of those who may have a
right thereto.
General rule: A person shall be presumed dead

for all purposes after absence for a period of 7
years.
WHO MAY ADMINISTER THE

PROPERTY
(1) Spouse present shall be preferred when

there is no legal separation
(2) If no spouse or spouse is incapacitated, any
competent person
Exception: Succession
In succession, 10 years is required for
presumption of death.
If absentee disappeared after age of 75, 5
years shall be sufficient.
WHEN WILL THE ADMINISTRATION

OF PROPERTY CEASE?
EXTRAORDINARY ABSENCE
Administrator shall cease in performance of his

office, and property shall be disposed in favor of
those who have a right thereto when:
(1) Absentee appears personally or by means of
an agent
(2) Testate or intestate heirs appear, upon proof
of death of absentee
(3) Third person appears, with a proper
document showing he has acquired
absentees property by purchase or other
title
Only 4 years is required for presumption to arise

if:
years;
PAGE 77
UP LAW BOC

CIVIL LAW
Art. 409, CC. In cases of legal separation,

adoption, naturalization and other judicial
orders mentioned in the preceding article, it
shall be the duty of the clerk of the court which
issued the decree to ascertain whether the same
has been registered, and if this has not been
done, to send a copy of said decree to the civil
registry of the city or municipality where the
court is functioning.
Although 7 years is required for the presumption

of death of an absentee in the Civil Code, Art. 41
of the Family Code makes an exception for the
purpose of remarriage by limiting such
requirement to 4 years.
Art. 41 also limits the required 4 years in Art. 391
for absence under exceptional circumstances to
only 2 years.
Art. 410, CC. The books making up the civil

register and all documents relating thereto
shall be considered public documents and shall
be prima facie evidence of the facts therein
contained.
Art. 392, CC. 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. 411, CC. Every civil registrar shall be civilly

responsible for any unauthorized alteration
made in any civil register, to any person
suffering damage thereby. However, the civil
registrar may exempt himself from such liability
if he proves that he has taken every reasonable
precaution to prevent the unlawful alteration.
Civil Registrar
Art. 413, CC. All other matters pertaining to the

registration of civil status shall be governed by
special laws.
ARTICLES 407-413
Art. 407, CC. Acts, events and judicial decrees
concerning the civil status of persons shall be
recorded in the civil register.
RA 9048 AS AMENDED BY RA
10172
AN ACT AUTHORIZING THE CITY OR

MUNICIPAL CIVIL REGISTRAR OR THE
CONSUL GENERAL TO CORRECT A CLERICAL
OR TYPOGRAPHICAL ERROR IN AN ENTRY
AND/OR CHANGE OF FIRST NAME OR
NICKNAME IN THE CIVIL REGISTER WITHOUT
NEED OF A JUDICIAL ORDER, AMENDING FOR
THIS PURPOSE ARTICLES 376 AND 412 OF
THE CIVIL CODE OF THE PHILIPPINES
Art. 408, CC. The following shall be entered in

the civil register:
(1) Births;
(2) Marriages;
(3) Deaths;
(4) Legal Separations;
(5) Annulments of marriage;
(6) Judgments declaring marriages void from
the beginning;
(7) Legitimations;
(8) Adoptions;
(9) Acknowledgments of natural children;
(10) Naturalization;
(11) Loss, or
(12) Recovery of citizenship;
(13) Civil interdiction;
(14) Judicial determination of filiation;
(15) Voluntary emancipation of a minor; and
(16) Changes of name.
General rule: No entry in a civil register shall be

changed or corrected without a judicial order
Exception:
Clerical or typographical errors;
Change of: first name or nickname, day and
month in the date of birth, or sex of a person
This exception applies where it is patently clear
that there was a clerical or typographical error
or mistake in the entry, which can be corrected
PAGE 78
UP LAW BOC
or changed by the concerned city or municipal

civil registrar or consul general in accordance
with the provisions of this Act and its
implementing rules and regulations
CIVIL LAW
Citizens of the Philippines who are presently

residing or domiciled in foreign countries may
file their petition, in person, with the nearest
Philippine Consulates.
Clerical or typographical error to a mistake

committed in the performance of clerical work in
writing, copying, transcribing or typing an entry
in the civil register that is harmless and
innocuous (i.e. misspelled name, misspelled
place of birth, mistake in the entry of day and
month in the date of birth or the sex of the
person or the like, which is visible to the eyes or
obvious to the understanding, and can be
corrected or changed only by reference to other
existing record or records)
The petitions filed with the city or municipal civil

registrar or the consul general shall be
processed in accordance with this Act and its
implementing rules and regulations.
All petitions for the clerical or typographical
errors and/or change of first names or
nicknames may be availed of only once.
GROUNDS
Before the amendment by RA 10172, no

correction must involve the change of sex,
nationality, age or status of the petitioner. After
the amendment, change of sex can now be
subjected to correction without judicial order
under the rules of this Act.
WHO MAY FILE THE PETITION AND WHERE?

(1) Any person having direct personal interest in
the correction of a clerical or typographical
error in an entry and/or change of first
name or nickname in the civil register
(2) Verified petition with the local civil registry
office of the city or municipality
(a) where the record being sought to be
corrected or changed is kept
(b) where the interested party is presently
residing or domiciled, if it will be
impractical to submit in the place where
record is kept (i.e. when party has
migrated to another place in the
country)
(c) nearest Philippine Consulates, if the
petitioner is presently residing or
domiciled in foreign countries
Civil Register the various registry books and

related certificates and documents kept in the
archives of the local civil registry offices,
Philippine Consulates and of the Office of the
Civil Registrar General.
Sec. 3. Who May File the Petition and Where. Any
person having direct and personal interest in
the correction of a clerical or typographical error
in an entry and/or change of first name or
nickname in the civil register may file, in person,
a verified petition with the local civil registry
office of the city or municipality where the
record being sought to be corrected or changed
is kept.
All petitions for the clerical or typographical

errors and/or change of first names or
nicknames may be availed of only once.
In case the petitioner has already migrated to

another place in the country and it would not be
practical for such party, in terms of
transportation expenses, time and effort to
appear in person before the local civil registrar
keeping the documents to be corrected or
changed, the petition may be filed, in person,
with the local civil registrar of the place where
the interested party is presently residing or
domiciled. The two (2) local civil registrars
concerned will then communicate to facilitate
the processing of the petition.
Sec. 4. Grounds for Change of First Name or

Nickname. The petition for change of first name
or nickname may be allowed in any of the
following cases:
(1) The petitioner finds the first name or
nickname to be ridiculous, tainted with
dishonor or extremely difficult to write or
pronounce.
(2) The new first name or nickname has been
habitually and continuously used by the
petitioner and he has been publicly known
PAGE 79
UP LAW BOC
by that first name or nickname in the

community: or
(3) The change will avoid confusion.
CIVIL LAW
weeks in a newspaper of general circulation.

Furthermore, the petitioner shall submit a
certification from the appropriate law
enforcement agencies that he has no pending
case or no criminal record.
Sec. 5. Form and Contents of the Petition. The

petition for correction of a clerical or
typographical error, or for change of first name
or nickname, as the case may be, shall be in the
form of an affidavit, subscribed and sworn to
before any person authorized by the law to
administer oaths. The affidavit shall set forth
facts necessary to establish the merits of the
petition and shall show affirmatively that the
petitioner is competent to testify to the matters
stated. The petitioner shall state the particular
erroneous entry or entries, which are sought to
be corrected and/or the change sought to be
made.
The petition and its supporting papers shall be

filed in three (3) copies to be distributed as
follows: first copy to the concerned city or
municipal civil registrar, or the consul general;
second copy to the Office of the Civil Registrar
General; and third copy to the petitioner
RULE 108, RULES OF COURT

CANCELLATION OR CORRECTION
ENTRIES IN THE CIVIL REGISTRY
OF
Sec. 1. Who may file petition. Any person

interested in any act, event, order or decree
concerning the civil status of persons which has
been recorded in the civil register, may file a
verified petition for the cancellation or
correction of any entry relating thereto, with the
Court of First Instance of the province where the
corresponding civil registry is located.
The petition shall be supported with the

following documents:
(1) A certified true machine copy of the
certificate or of the page of the registry book
containing the entry or entries sought to be
corrected or changed.
(2) At least two (2) public or private documents
showing the correct entry or entries upon
which the correction or change shall be
based; and
(3) Other documents which the petitioner or
the city or municipal civil registrar or the
consul general may consider relevant and
necessary for the approval of the petition.
Sec. 2. Entries subject to cancellation or

correction. Upon good and valid grounds, the
following entries in the civil register may be
cancelled or corrected:
(a) births;
(b) marriages;
(c) deaths;
(d) legal separations;
(e) judgments of annulments of marriage;
(f) judgments declaring marriages void from
the beginning;
(g) legitimations;
(h) adoptions;
(i) acknowledgments of natural children;
(j) naturalization
(k) election, loss or recovery of citizenship
(l) civil interdiction;
(m) judicial determination of filiation;
(n) voluntary emancipation of a minor; and
(o) changes of name.
No petition for correction of erroneous entry

concerning the date of birth or the sex of a
person shall be entertained except if the
petition is accompanied by earliest school
record or earliest school documents such as, but
not limited to, medical records, baptismal
certificate and other documents issued by
religious authorities; nor shall any entry
involving change of gender corrected except if
the petition is accompanied by a certification
issued by an accredited government physician
attesting to the fact that the petitioner has not
undergone sex change or sex transplant. The
petition for change of first name or nickname, or
for correction of erroneous entry concerning the
day and month in the date of birth or the sex of
a person, as the case may be, shall be published
at least once a week for two (2) consecutive
Sec. 3. Parties. When cancellation or correction

of an entry in the civil register is sought, the civil
registrar and all persons who have or claim any
PAGE 80
UP LAW BOC
(3)
(4)
(5)
(6)
CIVIL LAW
Deaths
Legal separations
Judgments of annulments of marriage
Judgments declaring marriages void from
the beginning
(7) Legitimations
(8) Adoptions
(9) Acknowledgments of natural children
(10) Naturalization
(11) Election, loss or recovery of citizenship
(12) Civil interdiction
(13) Judicial determination of filiation
(14) Voluntary emancipation of a minor
(15) Changes of name
interest which would be affected thereby shall

be made parties to the proceeding.
Sec. 4. Notice and publication. Upon the filing of
the petition, the court shall, by an order, fix the
time and place for the hearing of the same, and
cause reasonable notice thereof to be given to
the persons named in the petition. The court
shall also cause the order to be published once
a week for three (3) consecutive weeks in a
newspaper of general circulation in the
province.
Sec. 5. Opposition. The civil registrar and any
person having or claiming any interest under
the entry whose cancellation or correction is
sought may, within fifteen (15) days from notice
of the petition, or from the last date of
publication of such notice, file his opposition
thereto.
Sec. 6. Expediting proceedings. The court in
which the proceeding is brought may make
orders expediting the proceedings, and may
also grant preliminary injunction for the
preservation of the rights of the parties pending
such proceedings.
Sec. 7. Order. After hearing, the court may either
dismiss the petition or issue an order granting
the cancellation or correction prayed for. In
either case, a certified copy of the judgment
shall be served upon the civil registrar
concerned who shall annotate the same in his
record.
WHO MAY FILE PETITION
Any person interested in any act, event, order or

decree concerning the civil status of persons
which has been recorded in the civil register.
WHERE FILED
Verified petition for cancellation or correction of
entry in the civil registry may be filed with the
Regional Trial Court of the province where the
corresponding civil registry is located.
ENTRIES SUBJECT TO
CANCELLATION/CORRECTION
(1) Births
(2) Marriages
PAGE 81

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TABLE OF CONTENT

PERSONS AND FAMILY RELATIONS

FAMILY DOMICILE ...................................... 33

PERSONS AND FAMILY

Property Relations of the Spouses .. 34

The Family ....................................... 50

Human Relations ............................. 10

Paternity and Filiation...................... 52

Persons and Personality .................. 10

WHAT IT COMPRISES .................................63

Legal Separation .............................. 29

Parental Authority ...........................65

GENERAL PROVISIONS ............................. 65

Rights and Obligations Between

PERSONS AND FAMILY RELATIONS

HIDDEN TREASURE .............................. 83

Summary Judicial Proceedings in the

Retroactive Effect ............................. 73

DEFINITION AND CONCEPT ...................... 90

RELATIVES DUTY AND THE RIGHT TO

Use of Surnames .............................. 74

Quieting of Title .............................. 101

SURNAMES OF CHILDREN .............................74

Co-ownership ................................. 103

Civil Registrar ................................... 78

DEFINITION .............................................. 103

ART. 407-413 ..............................................78

PERSONS AND FAMILY RELATIONS

NO PRESCRIPTION APPLICABLE ............. 157

Possession ...................................... 108

Usufruct ........................................... 119

Obligations ...................................... 161

Easement ........................................ 129

Quasi-Contracts ............................ 204

SOLUTIO INDEBITI ............................ 205

Modes of Acquiring Ownership .... 144

DEFINITION OF SALES ........................... 208

Prescription ..................................... 156

Parties to a Contract of Sale........... 211

PERSONS AND FAMILY RELATIONS

Subject Matter .................................213

Remedies of an Unpaid Seller...... 230

Obligations of the Seller to Transfer

Performance of Contract ............... 232

REQUISITES OF A VALID SUBJECT MATTER

DEFINITION OF UNPAID SELLER ............ 230

DELIVERY OF THING SOLD....................... 232

OBLIGATIONS OF THE VENDOR IN

Breach of Contract .........................239

PREPARATORY ........................................ 218

GENERAL REMEDIES ...............................239

Transfer of Ownership ....................222

Extinguishment of Sale................. 245

Formation of Contract of Sale ........ 218

CAUSES ................................................... 245

OBLIGATIONS OF THE VENDOR: .............222

Risk of Loss ....................................... 27

The Law on Sale of Subdivision and

The Condominium Act (RA 4726) 255

Documents of Title ........................ 228

DEFINITION ............................................. 228

General Provisions......................... 260