(b) Insanity

1. Marriage, FC 45 (2), Art. 79

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the
marriage:
(2) That either party was of unsound mind, unless such party after coming to
reason, freely cohabited with the other as husband and wife;
Art. 79. For the validity of any marriage settlement executed by a person upon whom a sentence
of civil interdiction has been pronounced or who is subject to any other disability, it shall be
indispensable for the guardian appointed by a competent court to be made a party thereto. (123a)

2. Contracts, NCC 1327 (1), 1328

Article 1327. The following cannot give consent to a contract:
(1) Unemancipated minors;
Article 1328. Contracts entered into during a lucid interval are valid. Contracts agreed to in a
state of drunkenness or during a hypnotic spell are voidable. (n)

3. Criminal liability,
RPC 12 (1)
Art. 12. Circumstances which exempt from criminal liability. the following are exempt from
criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a
felony (delito), the court shall order his confinement in one of the hospitals or asylums
established for persons thus afflicted, which he shall not be permitted to leave without
first obtaining the permission of the same court.
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless he has acted with discernment, in
which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of
this Code.
When such minor is adjudged to be criminally irresponsible, the court, in conformably with the
provisions of this and the preceding paragraph, shall commit him to the care and custody of his
family who shall be charged with his surveillance and education otherwise, he shall be committed
to the care of some institution or person mentioned in said Art. 80.

4. Any person who, while performing a lawful act with due care, causes an injury by mere
accident without fault or intention of causing it.
5. Any person who act under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law, when prevented by some lawful
insuperable cause.

Rule 101, Rules of Court

RULE 101
Proceedings for Hospitalization of Insane Persons
Section 1. Venue, Petition for commitment. A petition for the commitment of a person to a
hospital or other place for the insane may be filed with the Court of First Instance of the province
where the person alleged to be insane is found. The petition shall be filed by the Director of
Health in all cases where, in his opinion, such commitment is for the public welfare, or for the
welfare of said person who, in his judgment, is insane and such person or the one having charge
of him is opposed to his being taken to a hospital or other place for the insane.
Section 2. Order for hearing. If the petition filed is sufficient in form and substance, the court,
by an order reciting the purpose of the petition, shall fix a date for the hearing thereof, and copy of
such order shall be served on the person alleged to be insane, and to the one having charge him,
or on such of his relatives residing in the province or city as the judge may deem proper. The
court shall furthermore order the sheriff to produce the alleged insane person, if possible, on the
date of the hearing.
Section 3. Hearing and judgment. Upon satisfactory proof, in open court on the date fixed in
the order, that the commitment applied for is for the public welfare or for the welfare of the insane
person, and that his relatives are unable for any reason to take proper custody and care of him,
the court shall order his commitment to such hospital or other place for the insane as may be
recommended by the Director of Health. The court shall make proper provisions for the custody of
property or money belonging to the insane until a guardian be properly appointed.
Section 4. Discharge of insane. When, in the opinion of the Director of Health, the person
ordered to be committed to a hospital or other place for the insane is temporarily or permanently
cured, or may be released without danger he may file the proper petition with the Court of First
Instance which ordered the commitment.
Section 5. Assistance of fiscal in the proceeding. It shall be the duty of the provincial fiscal or
in the City of Manila the fiscal of the city, to prepare the petition for the Director of Health and
represent him in court in all proceedings arising under the provisions of this rule.

US v. Vaguilar, 27 Phil 88
People v. Rafanan 204 SCRA 65
Standard Oil v. Arenas, GR No. L-5921, July 25, 1911
People v Bugalao, GR 184757, Oct. 5, 2011

(c)

Deaf-Mutism, NCC 1327 (2), 807 & 820

Article 1327. The following cannot give consent to a contract:

(2) Insane or demented persons, and deaf-mutes who do not know how to write. (1263a)
Article 807. If the testator be deaf, or a deaf-mute, he must personally read the will, if able to do
so; otherwise, he shall designate two persons to read it and communicate to him, in some
practicable manner, the contents thereof. (n)
Article 820. Any person of sound mind and of the age of eighteen years or more, and not blind,
deaf or dumb, and able to read and write, may be a witness to the execution of a will mentioned
in article 805 of this Code. (n)

(d) Prodigality, ROC Rule 92 Sec. 2

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

(e) Civil Interdiction, RPC 31, 34, 41

Art. 31. Effect of the penalties of perpetual or temporary special disqualification. The penalties
of perpetual or temporal special disqualification for public office, profession or calling shall
produce the following effects:
1. The deprivation of the office, employment, profession or calling affected;
2. The disqualification for holding similar offices or employments either perpetually or during the
term of the sentence according to the extent of such disqualification
Art. 34. Civil interdiction. Civil interdiction shall deprive the offender during the time of his
sentence of the rights of parental authority, or guardianship, either as to the person or property of
any ward, of marital authority, of the right to manage his property and of the right to dispose of
such property by any act or any conveyance inter vivos.
Art. 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. The penalties
of reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life
or during the period of the sentence as the case may be, and that of perpetual absolute
disqualification which the offender shall suffer even though pardoned as to the principal penalty,
unless the same shall have been expressly remitted in the pardon.

Jalosjos v COMELEC, G.R. No. 193237, October 9, 2012

(f)

Family Relations
FC 150-151; cf. FC 87, 37, 38

Art. 150. Family relations include those:

(1) Between husband and wife;
(2) Between parents and children;
(3) Among brothers and sisters, whether of the full or halfblood. (217a)
Art. 151. No suit between members of the same family shall prosper unless it should appear from
the verified complaint or petition that earnest efforts toward a compromise have been made, but
that the same have failed. If it is shown that no such efforts were in fact made, the same case
must be dismissed.
This rules shall not apply to cases which may not be the subject of compromise under the Civil
Code. (222a)
Art. 87. Every donation or grant of gratuitous advantage, direct or indirect, between the spouses
during the marriage shall be void, except moderate gifts which the spouses may give each other
on the occasion of any family rejoicing. The prohibition shall also apply to persons living together
as husband and wife without a valid marriage. (133a)
Art. 37. Marriages between the following are incestuous and void from the beginning, whether
relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood. (81a)
Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth
civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other
person's spouse, or his or her own spouse. (82)

NCC 1490

Article 1490. The husband and the wife cannot sell property to each other, except:
(1) When a separation of property was agreed upon in the marriage settlements; or
(2) When there has been a judicial separation of property under article 191. (1458a)

NCC 2035
Article 2035. No compromise upon the following questions shall be valid:
(1) The civil status of persons;
(2) The validity of a marriage or a legal separation;
(3) Any ground for legal separation;
(4) Future support;
(5) The jurisdiction of courts;
(6) Future legitime. (1814a)

cf. NCC 963-967

SUBSECTION 1. Relationship
Article 963. Proximity of relationship is determined by the number of generations. Each
generation forms a degree. (915)
Article 964. A series of degrees forms a line, which may be either direct or collateral.
A direct line is that constituted by the series of degrees among ascendants and descendants.
A collateral line is that constituted by the series of degrees among persons who are not
ascendants and descendants, but who come from a common ancestor. (916a)
Article 965. The direct line is either descending or ascending.
The former unites the head of the family with those who descend from him.
The latter binds a person with those from whom he descends. (917)
Article 966. In the line, as many degrees are counted as there are generations or persons,
excluding the progenitor.
In the direct line, ascent is made to the common ancestor. Thus, the child is one degree removed
from the parent, two from the grandfather, and three from the great-grandparent.
In the collateral line, ascent is made to the common ancestor and then descent is made to the
person with whom the computation is to be made. Thus, a person is two degrees removed from
his brother, three from his uncle, who is the brother of his father, four from his first cousin, and so

forth. (918a)
Article 967. Full blood relationship is that existing between persons who have the same father
and the same mother.Half blood relationship is that existing between persons who have the same
father, but not the same mother, or the same mother,
but not the same father. (920a)

(g) Alienage, cf. Art. IV, Secs. 1-5, 1987 Constitution

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

Reyes v COMELEC, G.R. No. 207264, June 25, 2013

(h) Absence, NCC 381 396, FC 41

TITLE XIV
ABSENCE
CHAPTER 1Provisional Measures in Case of Absence
Article 381. 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.

This same rule shall be observed when under similar circumstances the power conferred by the
absentee has expired. (181a)
Article 382. 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. (182)
Article 383. In the appointment of a representative, the spouse present shall be preferred when
there is no legal separation.If the absentee left no spouse, or if the spouse present is a minor, any
competent person may be appointed by the court. (183a)
CHAPTER 2 Declaration of Absence
Article 384. 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. (184)
Article 385. 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. (185)
Article 386. The judicial declaration of absence shall not take effect until six months after its
publication in a newspaper of general
circulation. (186a)
CHAPTER 3Administration of the Property of the Absentee
Article 387. An administrator of the absentee's property shall be appointed in accordance with
article 383. (187a)Article 388. 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. (188a)
Article 389. 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.
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. (190)
CHAPTER 4 Presumption of Death
Article 390. After an absence of seven years, it being unknown whether or not the absentee still
lives, he shall be presumed dead for all purposes, except for those of succession.
The absentee shall not be presumed dead for the purpose of opening his succession till after an

absence of ten years. If he disappeared after the age of seventy-five years, an absence of five
years shall be sufficient in order that his succession may be opened. (n)
Article 391. The following shall be presumed dead for all purposes, including the division of the
estate among the heirs:(1) A person on board a vessel lost during a sea voyage, or an aeroplane
which is missing, who has not been heard of
for four years since the loss of the vessel or aeroplane;(2) A person in the armed forces who has
taken part in war, and has been missing for four years;
(3) A person who has been in danger of death under other circumstances and his existence has
not been known for four years. (n)
Article 392. If the absentee appears, or without appearing his existence is proved, he shall
recover his property in the condition in which it may be found, and the price of any property that
may have been alienated or the property acquired therewith; but he cannot claim either fruits or
rents. (194)
CHAPTER 5Effect of Absence Upon the Contingent Rights of the Absentee
Article 393. Whoever claims a right pertaining to a person whose existence is not recognized
must prove that he was living at the time his existence was necessary in order to acquire said
right. (195)
Article 394. Without prejudice to the provision of the preceding article, upon the opening of a
succession to which an absentee is called, his share shall accrue to his coheirs, unless he has
heirs, assigns, or a representative. They shall all, as the case may be, make an inventory of the
property. (196a)
Article 395. The provisions of the preceding article are understood to be without prejudice to the
action of petition for inheritance or other rights which are vested in the absentee, his
representatives or successors in interest. These rights shall not be extinguished save by lapse of
time fixed for prescription. In the record that is made in the Registry of the real estate which
accrues to the coheirs, the circumstance of its being subject to the provisions of this article shall
be stated. (197)
Article 396. Those who may have entered upon the inheritance shall appropriate the fruits
received in good faith so long as the absentee does not appear, or while his representatives or
successors in interest do not bring the proper actions. (198)
----Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be
null and void, unless before the celebration of the subsequent marriage, the prior spouse had
been absent for four consecutive years and the spouse present has a well-founded belief that the
absent spouse was already dead. In case of disappearance where there is danger of death under
the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only
two years shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding paragraph the
spouse present must institute a summary proceeding as provided in this Code for the declaration
of presumptive death of the absentee, without prejudice to the effect of reappearance of the
absent spouse. (83a)

Olaguer v Purugganan, GR 158907, February 12, 2007

(i) Insolvency and Trusteeship, NCC 1381, 1491, 2236

Article 1381. The following contracts are rescissible:
(1) Those which are entered into by guardians whenever the wards whom they represent suffer
lesion by more than one-fourth of the value of the things which are the object thereof;
(2) Those agreed upon in representation of absentees, if the latter suffer the lesion stated in the
preceding number; (3) Those undertaken in fraud of creditors when the latter cannot in any other
manner collect the claims due them;
(4) Those which refer to things under litigation if they have been entered into by the defendant
without the knowledge and approval of the litigants or of competent judicial authority;
(5) All other contracts specially declared by law to be subject to rescission. (1291a)
Article 1491. The following persons cannot acquire by purchase, even at a public or judicial
auction, either in person or through the mediation of another:
(1) The guardian, the property of the person or persons who may be under his guardianship;
(2) Agents, the property whose administration or sale may have been intrusted to them, unless
the consent of the principal has been given;
(3) Executors and administrators, the property of the estate under administration;(4) Public
officers and employees, the property of the State or of any subdivision thereof, or of any
government-owned
or controlled corporation, or institution, the administration of which has been intrusted to them;
this provision shall apply to judges and government experts who, in any manner whatsoever, take
part in the sale;
(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other
officers and employees connected with the administration of justice, the property and rights in
litigation or levied upon an execution before the court within whose jurisdiction or territory they
exercise their respective functions; this prohibition includes the act of acquiring by assignment
and shall apply to lawyers, with respect to the property and rights which may be the object of any
litigation in which they may take part by virtue of their profession;
(6) Any others specially disqualified by law. (1459a)
Article 2236. The debtor is liable with all his property, present and future, for the fulfillment of his
obligations, subject to the exemptions provided by law. (1911a)

Umale v ASB Realty, GR 181126, June 15, 2011

(j) Gender, Art. II, Sec. 14, 1987 Constitution; cf. NCC 403

See also: Rule 3 Section 4, 1997 Rules of Civil Procedure

SECTION 14. The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.
Article 403. Notwithstanding the provisions of the preceding article, a daughter above twenty-one
but below twenty-three years of age cannot leave the parental home without the consent of the
father or mother in whose company she lives, except to become a wife, or when she exercises a
profession or calling, or when the father or mother has contracted a subsequent marriage. (321a)
---Section 4. Spouses as parties. Husband and wife shall sue or be sued jointly, except as
provided by law. (4a)

(k) Physical Incapacity/Disease, FC 45(5), 45(6), 46, NCC 820

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the
marriage:
(5) That either party was physically incapable of consummating the marriage with
the other, and such incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a sexually-transmissible disease found to be
serious and appears to be incurable. (85a)
Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 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 a man other than her husband;
(3) Concealment of sexually transmissible disease, regardless of its nature, existing at
the time of the marriage; or
(4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism
existing at the time of the marriage.
No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall
constitute such fraud as will give grounds for action for the annulment of marriage. (86a)
Article 820. Any person of sound mind and of the age of eighteen years or more, and not blind,
deaf or dumb, and able to read and
write, may be a witness to the execution of a will mentioned in article 805 of this Code. (n)

Heirs Of Favis, Sr. v Gonzales, et al., GR. No. 185922, Jan. 15 2014

D. Domicile and residence of persons

1. Juridical persons, NCC 51

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. (41a)

2. Natural persons
NCC 50
Article 50. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of
natural persons is the place of their habitual residence. (40a)

FC 68-69, cf. NCC 110

Art. 68. The husband and wife are obliged to live together, observe mutual love, respect and
fidelity, and render mutual help and support. (109a)
Art. 69. The husband and wife shall fix the family domicile. In case of disagreement, the court
shall decide.
--Article 110. The husband shall fix the residence of the family. But the court may exempt the wife
from living with the husband if he should live abroad unless in the service of the Republic. (58a)

cf. FC 55, 101, 149, 152, 101

Art. 55. A petition for legal separation may be filed on any of the following grounds:
(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.
For purposes of this Article, the term "child" shall include a child by nature or by adoption. (9a)
Art. 101. If a spouse without just cause abandons the other or fails to comply with his or her
obligations to the family, the aggrieved spouse may petition the court for receivership, for judicial
separation of property or for authority to be the sole administrator of the absolute community,
subject to such precautionary conditions as the court may impose.
Art. 149. The family, being the foundation of the nation, is a basic social institution which public
policy cherishes and protects. Consequently, family relations are governed by law and no custom,
practice or agreement destructive of the family shall be recognized or given effect. (216a, 218a)
Art. 152. The family home, constituted jointly by the husband and the wife or by an unmarried
head of a family, is the dwelling house where they and their family reside, and the land on which it
is situated. (223a)

Jalosjos v COMELEC, GR 191970, April 24, 2012