Persons and Family Relations

Persons and Family Reviewer
By: Charles Moris D. Loa for JD 1-3

Guys this reviewer composes of the New Civil Code and the Family Code:
There might be some articles missing since most reviewers are excluding for purposes of property and
contracts.
Dont forget to read your codal and annotations.
Preliminary Provisions (NCC)
Effectivity of NCC: August 30, 1950
Effectivity of FC: August 3, 1988
Article 2.
Laws shall take effect after 15 days following the completion of their publication either in the Official Gazette, or in
a newspaper of general circulation in the Philippines, unless it is otherwise provided.
Coverage:
1. Presidential decrees
2. Laws which refer to all statutes, including local and private laws
3. Administrative rules and regulations where purpose is to enforce/implement existing law pursuant to a valid
delegation
4. Charter of a city
5. Circulars issued by the MB where purpose is not merely to interpret but to fill in the details of the CB Act
6. Circulars and regulations which prescribe a penalty for its violation
7. Executive orders
Rules on period provided by statute:
1. Shorter/longer period than the 15 days: such period as provided in the statute shall prevail
2. Takes effect immediately: immediately after publication
3. No provision as to its effectivity: after 15 days following its publication
Sec. 11, RAC: The date of publication of the OG is conclusively presumed to be the date indicated therein as the
date of issue.
Article 3.
Ignorance of the law excuses no one from compliance therewith.
Application: only to mandatory and prohibitory laws
Mistake of Fact: refers only to mistakes with regard to the existence of a law rather than to mistakes with regard to
the application or interpretation of a difficult or doubtful question of law or with regard to the effect of a certain
contract or transaction
Article 4.
Laws shall have no retroactive effect, unless the contrary is provided.
Exceptions:
1. Tax laws when expressly declared or is clearly the legislative intent
2. Interpretative statutes
3. Procedural or remedial
4. Curative or remedial
5. Emergency laws
6. Laws creating new rights
7. Unless the law otherwise provides
8. Penal laws favorable to the accused
Exceptions to the exception:
1. Ex post facto law
2. Laws that impair obligation of contracts
Retroactive Law: one which creates a new obligation and imposes a new duty or attaches a new disability with
respect to transactions or considerations already past
Article 5.
Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself
authorizes their validity.
Exceptions:
1. The law makes the act valid but punishes the violator
2. The law itself authorizes its validity
Perfection is not attainable, but if we chase perfection we can catch excellence
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3. The law makes the act only voidable
4. The law declares the nullity of an act but recognizes its effect as legally existing
Mandatory Law: prescribes some element as a requirement
Prohibitory Law: forbids something
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Article 6.
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.
Requisites of a valid waiver:
1. Full capacity to make the waiver
2. Waiver must be unequivocal
3. Right must exist at the time of the waiver
4. It must not be contrary to law, public morals or good customs or prejudicial to a third person with a right
recognized by law
5. When formalities are required, the same must be complied with
Exceptions:
1. Waiver is contrary to law, public order, and public policy, moral and good customs
2. If the waiver is prejudicial to a third party with a right recognized by law
3. Alleged rights which really do not yet exist
4. If the right is a natural right
Void waiver:
1. Future support
2. Political rights
3. Future inheritance to prejudice creditors
4. Protection of pactum commissorium (Automatic appropriation by the creditor of the thing pledged or mortgaged
upon the failure of the debtor to pay the principal obligation) nice to know guys!
5. Employment benefits in advance
6. Minimum wage
7. Right to revoke a will
Article 7.
Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuses
or custom or practice to the contrary. When the courts declare a law to be inconsistent with the Constitution, the
former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be
valid only when they are not contrary to the laws or the Constitution.
Ways of repealing laws:
1. Express: that contained in a special provision of a subsequent law
2. Implied: takes place when the provisions of the subsequent law are incompatible with those of an earlier law and
there is no express repeal; not favored
Requisites of implied repeal:
1. The law covers the same subject matter
2. The latter is repugnant to the earlier
Effect of repeal of repealing law:
1. Express repeal: the law first repealed shall not be thereby revived unless expressly so provided
2. Implied repeal: the prior law shall thereby be revived, unless the repealing law provides otherwise
Article 8.
Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the
Philippines.
Doctrine of Stare Decisis: enjoins adherence to judicial precedents and is based on the principle that once a
question of law has been examined and decided it should be deemed settled and closed to further argument
Article 9.
No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.
Applicability: also to criminal prosecution
Article 10.
In case of doubt in the interpretation or application of laws, it is presumed that the law- making body intended right
and justice to prevail.
Application: only in case of doubt
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Article 11.
Customs which are contrary to law, public order or public policy shall not be countenanced.
Article 12.
A custom must be proved as a fact, according to the rules of evidence.
Custom: rule of conduct formed by repetition of acts, uniformly observed as a social rule, legally binding and
obligatory
Requisites in application of customs:
1. Plurality of acts
2. Uniformity
3. General practice by the great mass of the social group
4. Continued performance of these acts for a long period of time
5. General conviction that the practice corresponds to a juridical necessity or that it is obligatory
6. The practice must not be contrary to law, morals and public order
Exception to the rule in Article 12: A court may take judicial notice of a custom if there is already a decision
rendered by the same court recognizing the custom.
Article 13.
When the law speaks of years, months, days or nights, it shall be understood that years are 365 days each, months,
of 30 days; days, of 24 hours; and nights, from sunset to sunrise. If months are designated by their name, they
shall be computed by the number of days which they respectively have. In computing a period, the first day shall
be excluded and the last day included.
Exception: computation of age: counted based on birth anniversary
If the last day falls on a Saturday, Sunday or legal holiday:
1. In ordinary contract: agreement prevails
2. Rules of Court: next working day
Note: This superseded by Sec. 31, EO 292:
1. Year: 12 calendar months
2. Month: 30 days (unless month is specific)
3. Day: 24 hours
4. Night: Sunset to sunrise
Article 14.
Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine
territory, subject to the principles of public international law and to treaty stipulations.
Rule: characteristic of generality of criminal law
Exceptions:
1. Treaty stipulations
2. Laws of preferential application
3. Principles of public international law
Article 15.
Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon
citizens of the Philippines, even though living abroad.
This article pertains to the Nationality Principle.
Article 16.
Real property as well as personal property is subject to the law of the country where it is situated. However,
intestate and testamentary successions, 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 said property may be found. (Lex Rei Sitae)
Article 17.
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. (Lex Loci Celebrationis)
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Article 18.
In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the
provisions of this Code. Article 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 likewise have
capacity to remarry under Philippine law.
Exception: Divorce validly obtained abroad by alien spouse capacitating him or her to remarry, the Filipino spouse
shall have the capacity to remarry under Philippine law.
Domiciliary Theory: personal laws of a person are determined by his domicile
Nationality Theory: the nationality or citizenship determines the personal laws of the individual
Article 19.
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.
Article 20.
Every person who, contrary to law, willfully or negligently causes damage to another shall indemnify the latter for
the same.
Article 21.
Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or
public policy, shall compensate the latter for the damage.
Article 22.
Everyperson 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.
Rule on breach of promise to marry: Breach of promise to marry per se is not actionable wrong.
When actionable:
1. If there is fraud or deceit
2. If expenses are actually incurred
3. When woman was forcibly abducted and raped
Persons Personality (NCC)
Article 37.
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.
Person: any physical or juridical being susceptible of rights and obligations or of being the subject of legal relations
Civil Personality: aptitude to be the subject of rights and obligations
Capacity to Act: power to do acts with legal effects
Status: legal condition or class to which one belongs in society
Juridical Capacity
Capacity to Act
inherent not acquired
Acquired
Lost only through Death
Lost through other means
Cannot be limited
Can be limited
Can exist without the Capacity to Act
Always implies the existence of Juridical Capacity
Article 38.
Minority, insanity or imbecility, the state ofbeing a deaf- mute, prodigality and civil interdiction are mere restrictions
oncapacity 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.
Article 39.
The following circumstances, among others, modify or limit capacity to act: age, insanity, and imbecility, the state
of being a deaf- mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The
consequences of these circumstances are governed in this Code, other codes, the Rules of Court and in special
laws. Capacity to act is not limited on account of religious belief or political opinion. A married woman, 21 years of
age or over, is qualified for all acts of civil life, except in cases specified by law.
Restrictions on capacity to act:
1. Minority
2. Insanity or imbecility
3. State of being deaf mute
4. Prodigality
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5. Civil interdiction
Article 40.
Birth determines personality but the conceived child shall be considered born for all purposes that are favorable to
it, provided, it be born later with the conditions specified in the following article.
Article 41.
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 24 hours after its complete delivery from the maternal womb.
Rule: Birth determines personality.
Exception: The law considers the conceived child as born for all purposes favorable to it if born alive.
Note: If the fetus had an intra--uterine life of less than 7 months, it is not deemed born if it dies within 24 hours
after its complete delivery from the maternal womb.
Art.5, PD 603: Civil personality shall commence from the time of conception.
Article 42.
Civil personality is extinguished by death. The effect of death upon the rights and obligations of the deceased is
determined by law, by contract and by will.
Article 43.
If there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died
first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is
presumed that they died at the same time and there shall be no transmission of rights from one to the other.
Rule 131, Sec. 3(jj), ROC. That except for purposes of succession, when two persons perish in the same calamity,
such as wreck, battle or conflagration, and it is not shown who died first, and there are no particular circumstances
from which it can be inferred, the survivorship is determined from the probabilities resulting from the strength and
age of the sexes, according to the following rules:
1. If both were under the age of 15 years, the older is deemed to have survived;
2. If both were above the age of 60, the younger is deemed to have survived;
3. If one is under 15 and the other above 60, the former is deemed to have survived;
4. If both be over 15 and under 60, the sex be different, the male is deemed to have survived; if the sex be the
same, the older;
5. If one be under 15 or over 60, and the other between those ages, the latter is deemed to have survived.
Application:
1. Article 43: only when the question of survivorship involves person who are called upon to succeed each other
2. ROC: if the question of survivorship involves person who are not called upon to succeed each other
Article 50.
For exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their
habitual residence.
Article 51.
When the law creating or recognizing them, or any other provision does not fix the domicile of juridical persons, the
same shall be understood to be the place where their legal representation is established or where they exercise
their principal functions.
Domicile:
1. For natural persons: place of habitual residence
2. For juridical persons: where their legal representation is established or where they exercise their
functions (when the law creating them does not fix the domicile)
principal
Requirements for the acquisition of new domicile:

1. Bodily presence in a new locality
2. Intention to remain therein (animus manendi)
3. Intention to abandon the old domicile (animus non revertendi)
Kinds of domicile:
1. Domicile of origin: received by a person at birth
2. Domicile of choice: the place freely chosen by a person Sui Juris
3. Constructive domicile or domicile by operation of law: assigned to a child by law at the time of his birth
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Marriage (FC)
Article 1.
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.
Aspects of marriage:
1. Act
2. Status
Nature: contract sui generis, subject to peculiar principles:
1. The marriage contract cannot be revoked, dissolved or otherwise terminated by the parties, but only by the
sovereign power of the state.
2. The nature, consequences and incidents of marriage are governed by law and not subject to agreement.
3. Only two persons of opposite sex may enter into a contract of marriage.
4. It is a social institution.
Article 2.
No marriage shall be valid, unless the essential requisites are present:
1. Legal capacity of the contracting parties who must be a male and a female; and
2. Consent freely given in the presence of the solemnizing officer.
Article 3.
The formal requisites of marriage are:
1. Authority of the solemnizing officer;
2. A valid marriage license except in cases provided for in Chapter 2 of this Title; and
3. A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing
officer and their personal declaration that they take each other as husband and wife in the presence of not less
than two witnesses of legal age.
Essential requisites:
1. Legal capacity of the contracting parties who must be a male and a female
2. Consent
Formal requisites:
1. Authority of the solemnizing officer
2. Valid marriage license
3. Marriage ceremony
Article 4.
The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in
Article 35(2). A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45.
An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties
responsible for the irregularity shall be civilly, criminally and administratively liable.
Effects of:
1. Absence of essential or formal requisites: void ab initio
Exception: Marriage is valid where either or both parties believed in good faith that the solemnizing officer had legal
authority to do so when he had none at the time of the solemnization of the marriage.
2. Defect in any of the essential requisites: voidable
3. Irregularity in any of the formal requisites: does not affect the validity of the marriage but will hold the party
responsible for such irregularity civilly, criminally and administratively liable
Exception: Marriage is voidable where contracting party is 18 years old or over but below 21 without the consent of
the parents.
Article 5.
Any male or female of the age of 18 years or upwards not under any of the impediments mentioned in Articles 37
and 38, may contract marriage.
Article 6.
No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary, however,
for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not
less than 2 witnesses of legal age that they take each other as husband and wife. This declaration shall be
contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and
attested by the solemnizing officer. In case of a marriage in articulo mortis, when the party at the point of death is
unable to sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the
name of said party, which fact shall be attested by the solemnizing officer.
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Required in a marriage ceremony:
1. The personal appearance of the contracting parties before the solemnizing officer
2. Their personal declaration that they take each other as husband and wife
3. That such declaration be done in the presence of the solemnizing officer and at least 2 witnesses of legal age
Absence of 2 witnesses: merely an irregularity
Article 7.
Marriage may be solemnized by:
1. Any incumbent member of the judiciary within the courts jurisdiction;
2. Any priest, rabbi, imam or minister of any church or religious sect duly authorized by his church or religious sect
and registered with the civil registrar general, acting within the limits of the written authority granted him by his
church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing
officers church or religious sect;
3. Any ship captain or airplane chief only in cases mentioned in Article 31;
4. Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military
operation, likewise only in the cases mentioned in Article 32; or
5. Any consul-general, consul or vice-consul in the case provided in Article 10.
Article 31.
A marriage in articulo mortis between passenger or crew members may also be solemnized by a ship captain or by
an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call.
Article 32.
A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages
in articulo mortis between persons within the zone of military operation, whether members of the armed forces or
civilians.
Members of the judiciary:
1. They must be incumbent members.
2. They must solemnize the marriage within their courts jurisdiction.
Article 8.
The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel or
temple, or in the office of the consul-general, consul or vice-consul, as the case may be, and not elsewhere, except
in cases of marriages contracted at the point of death or in remote places in accordance with Article 29 of this
Code, or where both of the parties request the solemnizing officer in writing in which case the marriage may be
solemnized at a house or place designated by them in a sworn statement to that effect.
Article 10.
Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul or vice-consul of the
Republic of the Philippines. The issuance of the marriage license and the duties of the local civil registrar and of the
solemnizing officer with regard to the celebration of marriage shall be performed by said consular official.
Authorizes venues of marriage:
1. Chambers of the judge or in open court
2. Church, chapel or temple
3. Office of consul--general, consul or vice--consul
Exceptions:
1. Marriage in articulo mortis
2. Marriage in remote places
3. Marriage at a house or place designated by the parties in a sworn statement to that effect, with the written
request of both parties to the solemnizing officer
Article 9.
A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting
party habitually resides, except in marriages where no license is required in accordance with Chapter 2 of this Title.
Article 11.
Where a marriage license is required, each of the contracting parties shall file separately a sworn application for
such license with the proper local civil registrar which shall specify the following:
1. Full name of the contracting party
2. Place of birth
3. Age and date of birth
4. Civil status
5. If previously married, how, when and where the previous marriage was dissolved or annulled
6. Present residence and citizenship
7. Degree of relationship of the contracting parties
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8. Full name, residence and citizenship of the father
9. Full name, residence and citizenship of the mother
10. Full name, residence and citizenship of the guardian or person having charge, in case the contracting party has
neither father nor mother and is under the age of 21 years. The applicants, their parents or guardians shall not be
required to exhibit their residence certificates in any formality in connection with the securing of the marriage
license.
Article 20.
The license shall be valid in any part of the Philippines for a period of 120 days from the date of issue, and shall be
deemed automatically cancelled at the expiration of said period if the contracting parties have not made use of it.
The expiry date shall be stamped in bold characters on the face of every license issued.
Article 26.
All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they
were solemnized, and valid there as such, shall also be valid in this country except those prohibited under Article
35(1), (4), (5) and (6), 36, 37 and 38. Where a marriage between a Filipino citizen and a foreigner is validly
celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to
remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law.
Laws applicable to foreign nationals:
Article 21.
When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before
a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their
respective diplomatic or consular officials. Stateless persons or refugees from other countries shall, in lieu of the
certificate of legal capacity herein required, submit an affidavit stating the circumstances showing capacity to
contract marriage
Article 27.
In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without
necessity of a marriage license and shall remain valid even if the ailing party subsequently survives.
Article 31.
A marriage in articulo mortis between passenger or crew members may also be solemnized by a ship captain or by
an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call.
Article 32.
A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages
in articulo mortis between persons within the zone of military operation, whether members of the armed forces or
civilians.
Article 34.
No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife
for at least 5 years and without any legal impediment to marry each other. The contracting parties shall state the
foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer
shall also state under oath that he ascertained the qualifications of the contracting parties and found no legal
impediment to the marriage.
Marriage License:
1. Valid in any part of the Philippines for 120 days from the date of issue, which is the date when the local civil
registrar signed the license.
2. Foreign citizens: submit a Certificate of Legal Capacity to Marry issued by their diplomatic/consular officials
3. Stateless persons/refugees: submit an affidavit stating circumstances to show capacity to contract marriage
Exempt from license requirement:
1. Among Muslims or members of ethnic cultural communities solemnized in accordance with their customs, rites
and practices
Note: Muslim Code applies if both are Muslims or the male party is Muslim. If only the female is Muslim, FC applies.
2. Solemnized outside the Philippines where no marriage license is required by the country where they were
solemnized
3. Of a man and a woman who have lived together as husband and wife for at least 5 years and without legal
impediment, to marry each other 4. In articulo mortis
5. In remote places
Article 22.
The marriage certificate, in which the parties shall declare that they take each other as husband and wife, shall also
state:
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1. The full name, sex and age of each contracting party
2. Their citizenship, religion and habitual residence
3. The date and precise time of the celebration of the marriage
4. That the proper marriage license has been issued according to law, except in marriages provided for in Chapter 2
of this Title
5. That either or both of the contracting parties have secured the parental consent in appropriate cases
6. That either or both of the contracting parties have complied with the legal requirement regarding parental advice
in appropriate cases
7. That the parties have entered into a marriage settlement, if any, attaching a copy thereof.
Marriage Certificate: best documentary evidence of a marriage
Article 26.
All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they
were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles
35 (1), (4), (5) and (6), 36, 37 and 38. (17a) 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.
General rule on foreign marriages: Where one or both parties to the marriage are citizens of the Philippines, the
foreign marriages is valid in this country if solemnized in accordance with the laws of the country of celebration
Exceptions:
1. Contracted by a national who is below 18 years of age
2. Bigamous or polygamous
3. Contracted through mistake of one party as to the identity of the other
4. Contracted following the annulment or declaration of nullity of previous marriage but before partition
5. Void due to psychological incapacity
6. Incestuous
7. Void for reasons of public policy
General rule on divorce: No divorce is allowed in the Philippines.
Exceptions:
1. between 2 aliens: if valid in their national laws even if marriage was celebrated in the Philippines
2. Between a Filipino and an alien: if there is a valid marriage celebrated between an Filipino citizen and a foreigner
and a valid divorce according to the national law of the foreigner is obtained abroad by the alien spouse
capacitating him or her to remarry
Article 35.
The following marriages shall be void from the beginning:
1. Those contracted by any party below 18 years of age even with the consent of parents or guardians
2. Those solemnized by any person not legally authorized to perform marriages unless such marriages were
contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to
do so
3. Those solemnized without a license, except those covered by the preceding Chapter
4. Those bigamous or polygamous marriages not falling under Article 41
5. Those contracted through mistake of one contracting party as to the identity of the other
6. Those subsequent marriages that is void under Article 53.
Article 36.
A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to
comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes
manifest only after its solemnization.
Article 37.
Marriages between the following are incestuous and void from the beginning, whether the relationship between the
parties be legitimate or illegitimate:
1. Between ascendants and descendants of any degree
2. Between brother and sisters, whether of the full or half blood.
Article 38.
The following marriages shall be void from the beginning for reasons of public policy:
1. Between collateral blood relatives, whether legitimate or illegitimate, up to the 4 th civil degree
2. Between step-parents and step-children
3. Between parents-in-law and children-in-law
4. Between the adopting parent and the adopted child
5. Between the surviving spouse of the adopting parent and the adopted child
6. Between the surviving spouse of the adopted child and the adopter
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7. Between the adopted child and a legitimate child of the adopter
8. Between the adopted children of the same adopter
9. Between parties where one, with the intention to marry the other, killed that other persons spouse or his or her
own spouse.
Article 52.
The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of
the spouses and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil
registry and registries of property; otherwise, the same shall not affect third persons. (n)
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Article 53.
Either of the former spouses may marry again after compliance with the requirements of the immediately
preceding Article; otherwise, the subsequent marriage shall be null and void.
Void marriages:
1. Contracted by any party below 18 years of age even with parental consent
2. Solemnized by any person not legally authorized to perform marriages unless one or both of parties believed in
good faith that the solemnizing officer had the legal authority to do so
3. Solemnized without a license except as otherwise provided
4. Bigamous or polygamous marriages except Art. 41
5. Marriages contracted through mistake of one of the parties as to the physical identity of the other
6. Subsequent marriages that are void under Art. 53
7. Contracted by a party who at the time of the marriage was psychologically incapacitated
8. Incestuous marriages
9. Those contrary to public policy
Allowable marriages:
1. Brother--in--law and sister--in--law
2. Stepbrother and stepsister
3. Guardian and ward
4. Adopted and illegitimate child of adopter
5. Adopted son of the husband and adopted daughter of the wife
6. Parties who have been convicted of adultery or concubinage
Psychological Incapacity:
No less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital
covenants that concomitantly must be assumed and discharged by the parties to the marriage
Requisites:
1. Gravity
2. Juridical antecedence
3. Incurability
Incestuous marriages:
Whether the relationship is legitimate or illegitimate, between:
1. Ascendants and descendants of any degree
2. Brothers and sisters whether full or half blood
Article 39.
The action or defense for the declaration of absolute nullity of a marriage shall not prescribe.
Article 40.
The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis of a final
judgment declaring such previous marriage void.
Article 41.
A marriage contracted by any person during the subsistence of a previous marriage shall be null and void, unless
the celebration of the subsequent marriage, the prior spouse had been absent for 4 years and the spouse present
had 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 NCC, an absence of only 2 years shall
be sufficient. For purposes 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.
Article 42.
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. 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.
Article 43.
The termination of the subsequent marriage referred to in the preceding Article shall produce following effects:
1. The children of the subsequent marriage conceived prior to its termination shall be considered legitimate, and
their custody and support in case of dispute shall be decided by the court in a proper proceeding.
2. The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and
liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the
Page 13

community property or conjugal partnership property shall be forfeited in favor of the common children or, if there
are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse.
3. Donations by reason of marriage shall remain valid, except that if the done contracted the marriage in bad faith,
such donation made to said done are revoked by operation of law.
4. The innocent spouse may revoke the designation of other spouse who acted in bad faith as beneficiary in any
insurance policy, even if such designation be stipulated as irrevocable
5. The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the
innocent spouse by testate and intestate succession.
Article 44.
If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab initio and all
donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by
operation of law.
General rule on subsequent marriages:
Any marriage contracted by any person during the subsistence of a previous marriage shall be null and void and
any person who shall contract a second or subsequent marriage before the former marriage has been legally
dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in
the proper judicial proceedings is guilty of the crime of bigamy.
Exception:
Requisites:
1. The prior spouse of the contracting party must have been absent for 4 consecutive years, or 2 years where there
is a danger of death under the circumstances stated in Article 391 of the NCC at the time of disappearance.
2. The spouse has a well--founded belief that the absent spouse is already dead.
3. There is a judicial declaration of presumptive death of the absentee for which purpose the spouse present can
institute a summary proceeding in court to ask for that declaration.
Requisites for declaration of presumptive death (RP vs. Nolasco):
1. That the absent spouse has been missing for 4 consecutive years or 2 consecutive years if the disappearance
occurred where there is danger of death under the circumstances laid down in Article 391 of the NCC.
2. That the present spouse wishes to remarry.
3. That the present spouse has a well--founded belief that the absent spouse is dead.
4. That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee.
Good faith:
The existence of a judicial declaration is not a guarantee that the spouse present has acted in good faith, therefore,
it does not immunize the parties from liability for the crime of bigamy.
Reappearance:
1. Mere reappearance of the absentee spouse does not terminate the subsequent marriage.
2. The recording of the affidavit of reappearance of the absentee spouse in the civil registry of the residence of the
parties to the subsequent marriage which results in the automatic termination of the subsequent marriage.
3. The affidavit may be executed and filed by any interested person and not only by the reappearing spouse.
Effects of termination of subsequent marriage:
1. Status of the children: Children of the subsequent marriage conceived prior to the termination are considered
legitimate.
2. Dissolution and liquidation of property regime
3. Donation propter nuptias: remains valid, except when the done contracted the marriage in bad faith, donations
made to said done are revoked by operation of law.
4. Designation of one spouse as beneficiary in insurance policy: If one of the spouses acted in bad faith in
contracting the marriage and he or she had been designated as the beneficiary in any insurance policy of the
innocent spouse, the latter has the right to revoke such designation even if the designation be stipulated as
irrevocable.
5. Disqualification to inherit from innocent spouse:
a. The parties cease to be a legal heir of each other, unless the parties are collateral blood relatives within the 5 th
civil degree.
b. The spouse who contracted the subsequent marriage in bad faith is also disqualified to inherit from the innocent
spouse by testate succession.
c. If both spouses are in bad faith, the marriage is void ab initio; hence, testamentary dispositions made by one in
favor of the other are revoked by operation of law.
Article 14.
In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between
the ages of 18 and 21, they shall, in addition to the requirements of the preceding articles, 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. Such consent shall be manifested in writing by the interested party, who
personally appears before the proper local civil registrar, or in the form of an affidavit made in the presence of two
Page 14

witnesses and attested before any official authorized by law to administer oaths. The personal manifestation shall
be recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be attached
to said applications.
Article 45.
A marriage may be annulled for any of the following causes, existing at the time of marriage:
1. That the party in whose behalf it is sought to have the marriage annulled was 18 years of age or over but below
21, and the marriage was solemnized without the consent of the parents, guardian or person having substitute
parental authority over the party, in that order, unless after attaining the age of 21, such party freely cohabited
with the other and both lived together as husband and wife
2. That either party was of unsound mind, unless such party after coming to reason freely cohabited with the other
as husband and wife
3. That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the
facts constituting the fraud, freely cohabited with the other as husband and wife
4. That the consent of either party was obtained by force, intimidation or undue influence, unless the same having
disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife
5. That either party was physically incapable of consummating the marriage with the other and such incapacity
continues and appears to be incurable 6. That either party was afflicted with a sexually transmissible disease found
to be serious and appears to be incurable.
Article 46.
Any of the following circumstances shall constitute fraud referred to in (3) of the preceding Article:
1. Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude
2. Concealment by the wife of the fact that at the time of the marriage, she was pregnant by man other than her
husband
3. Concealment of a sexually transmissible disease, regardless of its nature, existing at the time of marriage
4. Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the
marriage
No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute fraud as will
give ground for action for the annulment of marriage.
Article 47.
The action for annulment of marriage must be filed by the following by the following persons and within the periods
indicated therein:
1. For causes mentioned in (1) of Article 45, by the party whose parent or guardian did not give his or her consent,
within 5 years after attaining the age of 21; or by the parent or guardian or person having legal charge of the
minor, at any time before such party has reached the age of 21 2. Or causes mentioned in (2) of Article 45, by the
sane spouse who had no knowledge of the others insanity, or by any relative guardian or person having legal
charge of the insane, at any time before the death of either party; or by the insane spouse during a lucid interval
or after regaining sanity
3. For causes mentioned in (3) of Article 45, by the injured party, within 5 years after the discovery of the fraud.
4. For causes mentioned in (4) of Article 45, by the injured party, within 5 years from the time the force,
intimidation or undue influence disappeared or ceased
5. For causes mentioned in (5) and (6) of Article 45, by the injured party, within 5 years after the marriage.
Voidable Marriage:
If there is a defect in any of its essential requisites
Annulment: judicial or legal process of invalidating a voidable marriage
Doctrine of Triennial Cohabitation: The husband is presumed to be impotent should the wife still remain a virgin
after living together with the husband for 3 years.
Characteristics of voidable marriages:
1. It is valid until otherwise declared by the court.
2. The defect which serves as ground for annulment must be in existence at the time of the celebration of the
marriage.
3. It cannot be assailed collaterally except in a direct proceeding.
4. It can be assailed only during the lifetime of the parties and not after death of either.
5. Only the parties to a voidable marriage can assail it.
6. The action for annulment is subject to prescription.
7. The defect in a voidable marriage is generally subject to ratification.
Voidable marriages:
1. That the party in whose behalf it is sought to have the marriage annulled was 18 years of age or over but below
21, and the marriage was solemnized without the consent of the parents, guardian or person having substitute
parental authority over the party, in that order, unless after attaining the age of 21, such party freely cohabited
with the other and both lived together as husband and wife
Page 15

2. That either party was of unsound mind, unless such party after coming to reason freely cohabited with the other
as husband and wife
3. That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the
facts constituting the fraud, freely cohabited with the other as husband and wife
4. That the consent of either party was obtained by force, intimidation or undue influence, unless the same having
disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife
5. That either party was physically incapable of consummating the marriage with the other and such incapacity
continues and appears to be incurable
6. That either party was afflicted with a sexually transmissible disease found to be serious and appears to be
incurable.
Page 16

Article 48.
In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting
attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the
parties and to take care that evidence is not fabricated or suppressed. In the cases referred to in the preceding
paragraph, no judgment shall be based upon a stipulation of facts or confession of judgment.
Article 49.
During the pendency of the action and in the absence of adequate provisions in a written agreement between the
spouses, the Court shall provide for the support of the spouses and the custody and support of their common
children. The Court shall give paramount consideration to the moral and material welfare of said children and their
choice of the parent with whom they wish to remain as provided for in Title IX. It shall also provide for appropriate
visitation rights of the other parent.
Role of the public prosecutor:
To determine whether collusion exists between the parties and to take care that the evidence is not suppressed or
fabricated
Article 50.
The effects provided for in paragraphs (2), (3), (4) and (5) of Article 43 and in Article 44 shall also apply in proper
cases to marriages which are declared void ab initio or annulled by final judgment under Articles 40 and 45. The
final judgment in such cases shall provide for the liquidation, partition and distribution of the properties of the
spouses, the custody and support of the common children, and the delivery of their presumptive legitimes, unless
such matters had been adjudicated in previous judicial proceedings. All creditors of the spouses as well as of the
absolute community or the conjugal partnership shall be notified of the proceedings for liquidation. In the partition,
the conjugal dwelling and the lot on which it is situated shall be adjudicated in accordance with the provisions of
Articles 102 and 129.
Article 51.
In said partition, the value of the presumptive legitime of all common children, computed as of the date of the final
judgment of the trial court, shall be delivered in cash, property or sound securities, unless the parties, by mutual
agreement judicially approved, had already provided for such matters. The children or their guardian, or the
trustee of their property, may ask for the enforcement of the judgment. The delivery of the presumptive legitimes
herein prescribed shall in no way prejudice the ultimate successional rights of the children accruing upon the death
of either or both of the parents; but the value of the properties already received under the decree if annulment or
absolute nullity shall be considered as advances on their legitime.
Article 52.
The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of
the spouses, and the delivery of the childrens presumptive legitimes shall be recorded in the appropriate civil
registry and registries of property; otherwise, the same shall not affect third persons.
Article 53.
Either of the former spouses may marry again after complying with the requirements of the immediately preceding
Article; otherwise, the subsequent marriage shall be null and void.
Article 54.
Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36
has become final and executor shall be considered legitimate. Children conceived or born of the subsequent
marriage under Article 53 shall likewise be considered legitimate.
Effects of judicial declaration of nullity of marriage:
1. The judicial declaration of nullity retroacts to the date of the celebration of the marriage insofar as the vinculum
between the spouses is concerned.
2. Status on children: Children conceived or born before the judgment of annulment or absolute nullity of the
marriage under Article 36 has become final and executor shall be considered legitimate. Children conceived or born
of the subsequent marriage under Article 53 shall likewise be considered legitimate.
3. Property relations: separation of the property of the spouses according to the applicable property regime
4. Donation propter nuptias:
a. The donor may revoke the donation propter nuptias.
b. If the donation is made in a marriage settlement, the donation is void.
5. Designation of one spouse as beneficiary in insurance policy: The innocent spouse may revoke the designation of
the other spouse who acted in bad faith as a beneficiary in any insurance policy, even if such designation be
stipulated as irrevocable.
6. Parental authority and custody of common children: Children shall be under the parental authority and custody of
their mother. The father is entitled to visitorial rights.
Page 17

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Persons and Family Reviewer

By: Charles Moris D. Loa for JD 1-3

Persons and Family Reviewer

Perfection is not attainable, but if we chase perfection we can catch excellence

Persons and Family Reviewer

Perfection is not attainable, but if we chase perfection we can catch excellence

Persons and Family Reviewer

Perfection is not attainable, but if we chase perfection we can catch excellence

Persons and Family Reviewer

Perfection is not attainable, but if we chase perfection we can catch excellence

Persons and Family Reviewer

inherent not acquired

Lost only through Death

Lost through other means

Can exist without the Capacity to Act

Always implies the existence of Juridical Capacity

Persons and Family Reviewer

Requirements for the acquisition of new domicile:

Perfection is not attainable, but if we chase perfection we can catch excellence

Persons and Family Reviewer

Persons and Family Reviewer

Persons and Family Reviewer

Persons and Family Reviewer

Persons and Family Reviewer

Perfection is not attainable, but if we chase perfection we can catch excellence

Persons and Family Reviewer

Perfection is not attainable, but if we chase perfection we can catch excellence

Persons and Family Reviewer

Persons and Family Reviewer

Perfection is not attainable, but if we chase perfection we can catch excellence

Persons and Family Reviewer

Perfection is not attainable, but if we chase perfection we can catch excellence

Persons and Family Reviewer

Perfection is not attainable, but if we chase perfection we can catch excellence

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