01 Memory Aid Persons and Family Relations

CIVIL LAW
E FFECT
A PPLICATION
L AWS
AND
PERSONS & FAMILY

RELATIONS
OF
The Civil Code took effect on August 30, 1950.
E FFECTIVITY
OF
L AWS (A RT .2)
General Rule: Laws take effect after 15 days following

the completion of its publication in the Official Gazette or
in a newspaper of general circulation (EO No. 200).
The law shall take effect on the 16 th day because in
counting the period, the first day is excluded and the last
day included (Art. 13, NCC).
No one shall be charged with notice of the statutes
provision until publication is completed and the 15 day
period has expired.
Exception: Unless otherwise provided by the law (EO
No. 200).
The exception refers to the 15-day period only and not
the requirement of publication. Publication is
indispensable, absence of which will not render the law
effective (Taada v. Tuvera G.R. No. L-63915, December
29, 1986).
Rules on Period Provided by Statute
Shorter/longer period than the 15-day
Such period as provided in the statute shall prevail.
Takes effect immediately
It shall take effect immediately after publication with the
15-day period being dispensed with (Taada vs. Tuvera
G.R. No. L-63915, December 29, 1986).
No provision as to its effectivity
It takes effect 15 days following its publication.
EXECUTIVE COMMITTEE
IAN MICHEL GEONANGA overall
chairperson, JOSE ANGELO DAVID
chairperson for academics, RUTH
ABIGAIL ACERO chairperson for
hotel
operations,
ALBERTO
RECALDE, JR. vice-chairperson for
operations,
MARIA
CARMELA
HAUTEA
vice-chairperson
for
secretariat, MARK EMMANUEL
ABILO
vice-chairperson
for
finance, RYAN LIGGAYU vicechairperson for electronic data
processing,
JOMARC
PHILIP
DIMAPILIS vice-chairperson for
logistics
Coverage (PLAC3E)
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 Monetary Board where
purpose is not merely to interpret but to fill in the
details of the Central Bank Act;
6. Circulars and Regulations which prescribe a penalty
for its violation (People vs. Que Po Lay, G.R. No. L6791, March 29, 1954);
7. Executive Orders (Taada vs. Tuvera G.R. No. L63915, December 29, 1986).
Publication not Required (I L)
1. Interpretative regulations and those internal in nature,
regulating only the personnel of the administrative
agency.
2. Letters of Instructions issued by administrative
superiors on rules/guidelines to be followed by
subordinates in the performance of their duties
(Taada vs. Tuvera, ibid).
Date of effectivity of Municipal Ordinances is NOT
covered by this rule but by the Local Government Code
(Taada vs. Tuvera, supra).
I GNORANCE OF THE L AW
E XCUSES NO ONE (A RT .3)
Conclusive Presumption
Every person is presumed to know the law even if they
have no actual knowledge of the law. It applies only to
mandatory and prohibitory laws.
Does not apply to foreign laws because there is no
judicial notice of such foreign laws; it must be proved like
any other matter of fact (Ching Huat vs. Co Heong L1211, January 30, 1947).
SUBJECT COMMITTEE
JHOY PALLONES subject chair, MICAELA
KRISTINA GALVEZ assistant subject chair,
PIA ISABEL CO edp, FRANCIA ROMLINA
RODRIGUEZ persons and family relations,
JENNETH CAE CAINDAY property, IRENE
ALCOBILLA wills and succession, JOSE
AMELITO BELARMINO II and ROWNEYLIN
SIA obligations and contracts, SAMANTHA
GRACE MANALO sales and lease, LAUREN
GAIL DIVINO partnership, agency and
trusts, MABEL BUTED credit transactions,
JULIUS CEASAR BALBUENA torts and
damages, KATHLEEN VALERIO land titles
and deeds, ILLAC BOHOL conflict of laws
MEMBERS
Phoebe
Alhambra,
Diana
Bartolome,
Jesus
Paolo
Borlagdan, Darniel Bustamante,
Jamela
Jane
Caringal,
Ma.
Criselda
Correa,
Reynaldo
Dalisay, Kristine Lara Defensor,
Carel Brendth Dela Cruz, Regine
Estillore, Anne Clarisse Guzman,
Aziel Guzman, Martin Michael
Hatol,
Maria
Emma
Gille
Mercado,
Richmond
Montevirgen, Astrid Ong, Ruth
Ann Ong, Rodel James Pulma,
Dan Bernard Sabilala, Jeth
Lester Tan, Maria Anne Cyra Uy
N ON R ETROACTIVITY
(A RT .4)
OF
L AWS
General Rule: No retroactive effect.

Exceptions: (P2UT NICE)
1. Procedural or Remedial;
2. Penal laws favorable to the accused;
3. Unless the law otherwise provides;
4. Tax laws when expressly declared or is clearly the
legislative intent (Cebu Portland Cement vs. Coll. G.R.
No. 18649, February 27, 1965);
5. Laws creating new rights (Bona vs. Briones G.R. No.
L-10806, July 6, 1918; Bustamante et al. vs. Cayas,
G.R. Nos. L-8562-8563, December 17, 1955);
6. Interpretative Statutes;
7. Curative or Remedial statutes;
8. Emergency Laws.
Exceptions to the Exception: (EL)
1. Ex Post Facto Laws;
2. Laws that impair obligation of contracts (Asiatic
Petroleum vs. Llanes, G.R. No. L-25386, October 20,
1926).
A CTS C ONTRARY
(A RT .5)
TO
L AW
General Rule: Acts contrary to mandatory or prohibitory

laws are VOID.
Exceptions: (PAVE)
1. The law makes the act valid but punishes the violator
(ex. Marriage solemnized by a person without legal
authority)
2. The law itself authorizes its validity (ex. Lotto,
sweepstakes)
3. The law makes the act only voidable (ex. Voidable
contracts where consent is vitiated)
4. The law declares the nullity of an act but recognizes its
effects as legally existing (ex. Child born before
annulment of marriage is considered legitimate).
CIVIL LAW
PERSONS & FAMILY

RELATIONS
Note: Mistakes in the application or interpretation of
difficult or doubtful provisions of law may be the basis of
good faith and has been given the same effect as a
mistake of fact, which may excuse one from the legal
consequences of his conduct (Art. 526, 2155, NCC).
W AIVER
OF
R IGHTS (A RT .6)
General Rule: Rights can be waived.

Requisites for a valid waiver: (CUECF)
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 policy, 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: (CPEN)
1. Waiver is contrary to law, public order, public policy,
morals or good customs;
2. If the waiver is prejudicial to a third party with a right
recognized by law.
3. Alleged rights which are really not yet in existence, as
in the case of future inheritance
4. If the right is a natural right, such as right to be
supported.
J UDICIAL D ECISIONS F ORM

P ART OF L EGAL S YSTEM OR
D OCTRINE OF S TARE D ECISIS
(A RT .8)
Doctrine of Stare Decisis
It 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.
Judicial decisions applying or interpreting laws shall form
a part of the legal system of the Philippines. Stare
decisis et non quieta movere. Let the decision stand and
disturb not what is already settled. The doctrine of stare
decisis is a salutary and necessary rule. When the Court
lays down a principle of law applicable to a certain set of
facts, it must adhere to such principle and apply it to all
future cases where the facts in issue are substantially the
same. Else, the ideal of a stable jurisprudential system
can never be achieved (Saguiguit vs. People, G.R. No.
144054, June 30, 2006).
Legal Effects of Judicial Decisions
1. No Publication required;
2. Binding between parties after the lapse of appeal
period; and
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3. Will bind all future cases with identical facts, until
reversed by SC.
Judicial decisions, although in themselves not laws,
assume the same authority as the statute itself (People
vs. Licera G.R. No. L-39990, July 2, 1975).
No publication required, binding on parties after the lapse
of appeal period, and will bind all future cases with
identical facts, until reversed by SC.
The application or interpretation placed by the Court
upon a law is part of the law as of the date of enactment
of said law because the Supreme Courts interpretation
merely establishes the contemporaneous legislative
intent that the construed law purports to carry into effect
(People v. Licera G.R. No. L-39990, July 2, 1975).
HOWEVER, when a doctrine is overruled and a different
view is adopted, the new doctrine should be applied
prospectively and should not prejudice parties who relied
on the old doctrine (People v. Jabinal G.R. No. L-30061,
February 27, 1974).
C USTOMS (A RTS .11
AND
12)
Customs
Rules of conduct formed by repetition of acts uniformly
observed as a social rule. They are legally binding and
obligatory.
General Rule: Customs must be proved as a fact
according to the rules of evidence.
Exception: A court may take judicial notice of a custom if
there is already a decision rendered by the same court
recognizing the custom.
Requisites to Make a Custom an Obligatory Rule:
(P2OT)
1. Plurality or repetition of acts;
2. Practiced by the great mass of the social group;
3. The community accepts it as a proper way of acting,
such that it is considered as obligatory upon all;
4. Continued practice for a long period of time.
R ULE
ON
P ERIODS (A RT .13)
Rule on Periods
1. Years - 365 days, unless year is identified;
2. Months - 30 days, unless month identified;
3. Days 24 hours;
4. Nights Sunset to sunrise;
PERSONS & FAMILY

RELATIONS
5. Calendar week Sunday to Saturday;

6. Week Count 7 days as indicated, not necessarily
Sunday to Saturday.
To count the period, first day is excluded, last day is
included.
Exception: Rule does NOT apply to computation of age;
each year is counted based on birth anniversary.
Policy if the Last Day is a Sunday or a Legal Holiday
1. If the act to be performed within the period is
prescribed or allowed (a) by the Rules of Court, (b) by
an order of the court, or (c) by any other applicable
statute, the last day will automatically be considered
the next working day.
2. If the act to be performed within the period arises from
a contractual relationship, the act will become due
despite the fact that the last day falls on a Sunday or
Holiday.
P ROVISION ON C ONFLICT
L AW (A RTS .14-17)
OF
1. Penal Laws and laws of public security (Article 14):

Territoriality rule governs regardless of the nationality
but subject to principles of international law and to
treaty stipulations.
2. Laws relating to family rights and duties, or to
status, condition and legal capacity of persons
(Article 15): Nationality rule applies regardless of their
place of residence.
Exception: Divorce validly obtained abroad by alien
spouse capacitating him or her to remarry, the Filipino
spouse shall have capacity to remarry under Philippine
law. (Article 26 (2) Family Code)
3. Laws on property (real and personal)
Lex Rei Sitae: The law of the country where the
property is situated shall govern property transactions.
(Article 16 (1))
Exception: Order and amount of successional rights,
intrinsic validity of testamentary provisions, and
capacity to succeed governed by the national law of
decedent (Article 16 (2)).

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RELATIONS
4. Laws on forms and solemnities
Lex Loci Celebrationis: Forms and solemnities of
contracts, wills, and other public instruments (extrinsic
validity) shall be governed by the laws of the country in
which they are executed (Article 17).
Exceptions:
a. Marriage between Filipinos solemnized abroad shall
be void though valid abroad when void under
Philippine laws. (Article 26(1) FC)
b. Intrinsic Validity of Contracts: Validity is determined
by the following rules:
i. The law stipulated by the parties shall be applied;
ii. In default thereof, and the parties are of the same
nationality, their national law shall be applied;
iii. If the parties are not of the same nationalities, the
law of the place of the perfection of the obligation
shall govern its fulfillment;
iv. If the above places are not specified and they
cannot be deduced from the nature and
circumstances of the obligation, then the law of
the passive subject shall apply.
Lex Nationalii
Lex Rei Sitae
Art. 15, CC
Citizenship is the
basis
for
determining the
personal
law
applicable
Lex Loci
Celebrationis
Art. 17, CC
Law of the place
where
the
contract
was
executed is the
basis
for
determining law
applicable
Covers only the
forms
and
solemnities
(extrinsic validity)
Art. 16, CC
Law of the place
where
the
property
is
situated is the
basis
for
determining law
applicable
Covers
family Covers both real
rights and duties, and
personal
status, condition property
and
legal
capacity
of
persons.
Exception:
Exceptions:
Exceptions:
Art. 26, par. 2 of (CIAO)
1.
Art. 26,
Family Code
a.
Capacit
par. 1 of
Family Code
y to succeed;
Intrinsic
b.
Intrinsic 2.
validity
of
validity of the
contracts
will;
c.
Amount
of
successional
rights;
d.
Order of
succession.

OPERATIONS
Rules on Personal Law: Domiciliary Rule and

Nationality Rule Distinguished
Domiciliary Rule
Nationality Rule
Basis for determining Basis for determining
personal law of an personal law is his
individual is his DOMICILE CITIZENSHIP
5. Renvoi Doctrine: Occurs when a citizen of another
country dies as a domiciliary of another country. Where
the conflict rules of the forum refer to a foreign law, and
the latter refers it back to the internal law, the law of
the forum shall apply.
Transmission Theory: If the foreign law refers it to a
third country, the said countrys law shall govern.
6. Doctrine of Processual Presumption: The foreign
law, whenever applicable, should be proved by the
proponent thereof; otherwise, such law shall be
presumed to be exactly the same as the law of the
forum.
Rule on Prohibitive Laws
General Rule: Prohibitive laws concerning persons, their
acts or property, and laws which have for their object
public order, public policy or good customs are NOT
rendered ineffective by laws, or judgments promulgated
or by determinations or conventions agreed upon in
foreign country. (Art. 17(3))
Exception: Art. 26, par. 2 Family Code (ex. Divorce
Law)
H UM AN R ELATIONS
ABUSE OF RIGHT (Art. 19)
Elements: (LEP)
1. Existence of a legal right or duty;
2. Which is exercised in bad faith;
3. For the sole intent of prejudicing or injuring another.
Doctrine of Violenti Non Fit Injuria (to which a person
assents is not esteemed in law as injury)
Refers to self-inflicted injuries or to the consent to injury
which precludes the recovery of damages by one who
has knowingly and voluntarily exposed himself to danger,
even if he is not negligent in doing so (Nikko Hotel
Manila Garden, et all vs. Roberto Reyes (Amay Bisaya)
G.R. No. 154259, Feb. 28, 2005).
CIVIL LAW
Damnum Absque Injuria (damage without injury)
A person who exercises his legal right does no injury.
HOWEVER, it cannot be said that a person exercises a
right when he unnecessarily prejudices another or
offends morals or good customs.
When damages result from a persons exercise of rights,
it is damnum absque injuria (ABS-CBN v. Republic
Broadcasting Corp. G.R. No. 128690, January 21, 1999).
ACTS CONTRARY TO LAW (Art. 20)
Every person who, contrary to law, willfully or negligently
causes damage to another, shall indemnify the latter for
the same.
ACTS CONTRA BONUS MORES (Art. 21)
Elements: (L-C-I)
1. There is a legal act;
2. But which is contrary to morals, good customs, public
order or public policy; and,
3. It is done with intent to injure.
Articles 19, 20 and 21 are related to one another and
under these articles, an act which causes injury to
another may be made the basis for an award of damages
(Albenson Enterprises Corp. v. CA, G.R. No. 88694,
January 11, 1993).
Articles 19 and 21 refer to INTENTIONAL acts while
Article 20 pertains either to WILLFUL or NEGLIGENT
acts, which must be contrary to law. (Ibid.)
P RINCIPLE OF U NJUST
E NRICHM ENT (A RT .22)
Accion in Rem Verso
It is an action for recovery of what has been paid without
just cause.
Application:
1. When someone acquires or comes into possession of
something, which means delivery or acquisition of
things; AND
2. Acquisition is undue and at the expense of another,
which means without just or legal ground.
PERSONS & FAMILY

RELATIONS
Accion in Rem Verso and Solutio Indebiti

Solutio Indebiti
Accion In Rem Verso
(Art. 2154)
It is not necessary that the
payment was made by
mistake, payment could
have been made knowingly
and
voluntarily
but
nevertheless, there would
be recovery of what has
been paid.
Payment was made by

mistake is an essential
element to maintain the
action for recovery.
Requisites: (JELA)
1. Enrichment is without just or legal ground
2. Defendant has been enriched;
3. Plaintiff has suffered a loss; and
4. He has no other action based on contract, quasi
contract, crime or quasidelict.
For a more comprehensive discussion of Articles 19-35,
please see discussion thereof under Torts.
P REJUDICIAL Q UESTION
(A RT .36)
General Rule: If both criminal and civil cases are filed in
court, the criminal case takes precedence.
Exceptions:
1. In case of prejudicial questions, the criminal case is
suspended because the issues in the civil case are
determinative of the outcome of the criminal case.
A prejudicial question is that which arises in a case, the
resolution of which is a logical antecedent of the issue
involved therein, and the cognizance of which pertains
to another tribunal (Yap v. Paras, G.R. No. 101236,
January 30, 1992).
Requisites: (Section 7, Rule 111, Rules of Court)
a. Previously instituted civil action involves an issue
similar or intimately related to the issue raised in the
subsequent criminal action; an
b. The resolution of such issue determines whether or
not the criminal action may proceed.
2. Independent civil action granted by law (CD-RQ)
a. Breach of constitutional and other rights (Art. 32)

b. Defamation, fraud, physical injuries (Art. 33)
c. Refusal or failure of city or municipal police to give
protection (Art. 34)

The Civil Code has SUPPLETORY application in matters

governed by special laws.
C IVIL P ERSONALITY (A RT .37)

Civil Personality
It is the aptitude of being the subject, active or passive, of
rights and obligations.
Juridical capacity and Capacity to Act (Paras, E. Civil
Code of the Philippines Annotated 15th ed. (2002), p.
236)
Juridical Capacity
Capacity To Act
Fitness to be the subject Power to do acts with legal
of legal relations (Art. 37)
effects (Art. 37)
Passive
Inherent
Active
Merely acquired
Lost through death and
Lost only through death
other causes
Can exist without capacity Cannot exist without
to act
juridical capacity
Cannot be limited or Can be restricted, modified
restricted
or limited
A person is presumed to have capacity to act. (Standard
Oil Co. v. Arenas, et al., 14 Phil. 363)
Theories on Capacity to Act
Theory of General
Theory of Special
Capacities
Capacities
Applies to natural persons Applies to juridical persons
This limits the power of
juridical persons only to
effects except only in those those that are expressly
specific
circumstances conferred upon them or
where the capacity to act is those which can be implied
restrained
therefrom or incidental
thereto
Restrictions on capacity to act
The same do not exempt the incapacitated person from
certain obligations as when the latter arise from his acts
or from property relations such as easements (Art. 38):
(MID-PC)
1. Minority
Minority does not exempt the minor from certain
obligations, as when the latter arise from his acts or
from property relations. (Art. 38) Thus, he may acquire
property using the capital of his parents, said property
to belong to the latter in ownership and usufruct.

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d. Quasi-delict or culpa-aquiliana (Art.2177)
2. Insanity or imbecility
3. State of being deaf mute
Deaf mute may either be sane or insane.
4. Prodigality The state of squandering money or
property with a morbid desire to prejudice the heirs of a
person (Martinez v. Martinez, 1 Phil. 182).
5. Civil interdiction
Modifications/ limitations on capacity to act (Art. 39):
(FI3T P2A3D)
1. Family Relations;
2. Insanity;
3. Imbecility;
4. Insolvency;
5. Trusteeship;
6. Penalty;
7. Prodigality;
8. Age;
9. Alienage;
1. Absence; and
2. State of being deaf-mute.
Note: The consequences of the restrictions and
modifications on a persons capacity to act are provided
by the Civil Code, other codes, special laws and the
Rules of Court.
N ATURAL P ERSONS
Beginning of personality
General rule: Birth determines personality (actual
personality) (Art. 40).
Exception: The law considers the conceived child as
born for all purposes favorable to it if born alive.
Therefore, the child has a presumptive personality, which
has two characteristics:
1. Limited and
2.
Provisional or conditional (Quimiguing vs. Icao,
G.R. No. L-26795, July 31, 1970)
Note: The concept of provisional personality CANNOT
be invoked to obtain damages for and in behalf of an
aborted child (Geluz vs. CA, G.R. No. L-16439, July 20,
1961).
A conceived child is already entitled to support from its
progenitors (Quimiguing vs. Icao, G.R. No. L-26795, July
31, 1970) and can be acknowledged even before it is
born (De Jesus v. Syquia, 58 Phil. 866).
CIVIL LAW
When is a child considered born: (Art. 41)
General Rule: For civil purposes, the fetus is considered
born if it is alive at the time it is completely delivered from
the mothers womb.
Exception: 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
(Article 41).
Illustration:
Intra-uterine life
7 months or more
Less than 7 months
When considered born

Alive upon complete
delivery
- regardless whether the
child dies within 24
hours or not
Alive upon complete
delivery AND at least 24
hours thereafter
The legitimacy or illegitimacy of a child attaches upon

conception (Continental Steel Manufacturing Corp. v.
Hon. Accredited Voluntary Arbitrator, et al., G.R. No.
182836, October 13, 2009).
How civil personality is extinguished
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 (Art. 42).
Presumption of survivorship
In case of doubt as to which of two or more persons
called to succeed each other died first:
1. Whoever alleges the death of one prior to the other
shall prove the same
2. In the absence of proof, the presumption is that the
parties died at the same time and there shall be no
transmission of rights from one another (Art. 43)
Note: Article 43 applies when the case involves two or
more persons who are called to succeed each other. But
if the parties are not called to succeed each other, Rule
131, Sec. 3 (jj) of the Rules of Court applies. Both are to
be applied only in the absence of facts. (Paras, p. 248)
Rule 131 Section 3 (jj). That except for purposes of
succession, when two persons perish in the same
calamity, such as wreck, battle, or conflagration, and it is
not shown who died first, and there are no particular
circumstances from which it can be inferred, the
survivorship is determined from the probabilities resulting
PERSONS & FAMILY

RELATIONS
from the strength and the age of the sexes, according to

the following rules:
1. If both were under the age of fifteen years, the older
is deemed to have survived;
2. If both were above the age sixty, the younger is
deemed to have survived;
3. If one is under fifteen and the other above sixty, the
former is deemed to have survived;
4. If both be over fifteen and under sixty, and the sex be
different, the male is deemed to have survived, if the
sex be the same, the older;
5. If one be under fifteen or over sixty, and the other
between those ages, the latter is deemed to have
survived.
JURIDICAL PERSONS (Art. 44 to 46)
A juridical person is a being of legal existence
susceptible of rights and obligations, or of being the
subject of juridical relations (Roldan vs. Philippine
Veterans Board G.R. No. L-11973, June 30, 1959)
Who are juridical persons:
1. State and its political subdivisions
2. Corporations for public interest - governed either by
the Corporation Code or their special charters passed
by the legislature.
Personality begins as soon as they have been
constituted according to law
3. Corporations, partnerships and associations for private
interest
Corporations are governed by the Corporation Code.
Their personality exist from the moment a certificate of
incorporation is granted to it from the Securities and
Exchange Commission (Sec. 19, Corporation Code)
By a contract of partnership, two or more persons bind
themselves to contribute money, property or industry to
a common fund, with the intention of dividing the profits
among themselves; or for the exercise of profession
(Art. 1767, NCC). Partnerships are governed by the
contract between partners and the provisions of Art.
1767 to 1867 of the Civil Code.
C ITIZENSHIP
AND
D OMICILE
Citizenship
It is the membership in a political community which is
more or less permanent in nature. Article IV of 1987
Philippine Constitution now governs the rule on
citizenship.

Domicile
For the exercise of civil rights and the fulfillment of civil
obligations, the domicile of natural persons is the place of
their habitual residence (Art. 50 NCC).
Residence
Domicile
Denotes a fixed permanent
Indicates a place of abode,
residence, which when
whether permanent or
absent, one has the
temporary
intention of returning
There can be several There can only be one
places of residence
place of domicile
No length of residence
It is residence coupled with
without
intention
of
intention to remain for an
remaining will constitute
unlimited time
domicile
Elements of domicile
1. Physical presence in a fixed place
2. Intention to remain permanently in said place (animus
manendi) (Romualdez-Marcos vs. COMELEC, G.R.
No. 119976 September 18, 1995).
Kinds of domicile (Romualdez-Marcos vs. COMELEC,
G.R. No. 119976 September 18, 1995)
1. Domicile of origin Given by law to a person at birth
2. Domicile of choice That which is voluntarily chosen
by a sui juris as his more or less permanent home;
that to which, whenever he is absent, he intends to
return. (Uytengsu v. Republic, 50 O.G. 4781, Oct.
1954)
Note: Three basic rules on domicile of choice:
(Ugdoracion vs. COMELEC G.R. No. 179851, April 18,
2008):
a. A man must have a residence or domicile
somewhere;
b. Domicile, once established, remains until a new one
is validly acquired; and
c. A man can have but one residence or domicile at
any given time.
d. Every sui generis may change his domicile.
3. Domicile by operation of law attributes to a person a
domicile independent of his own intention or actual
residence, ordinarily resulting from legal domestic

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Modes of acquiring citizenship
1. Jus sanguinis by blood, wherever he may be born
2. Jus soli by place of birth
3. Naturalization artificial means (judicial or
administrative) by which a state adopts an alien and
gives him imprint and endowment of a citizen of that
country
relations, as that of the wife arising from marriage, or the

relation of a parent and a child
Requirements for the acquisition of new domicile
(Romualdez v. RTC, Br. 7, Tacloban City, 226 SCRA 408,
415)
1. Bodily presence in a new locality actual removal or
actual change of domicile
2. Intention to remain therein (animus manendi)
3. Intention to abandon the old domicile (animus non
revertendi)
Rules for determining the domicile of juridical
persons (Article 51):
A.Get the domicile provided for in the law creating or
recognizing them or in their articles of agreement.
B.If not provided for, get the place:
1. Where their legal representation is established.
2. Or where they exercise their principal functions.
If the corporation has head office and with branches, the
domicile is where the head office is located. (Paras, p.
366)
F AM ILY C ODE
The Family Code of the Philippines took effect on August
3, 1988.
M ARRIAGE
Marriage
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.
The Family Code emphasizes the permanent nature of
marriage, hailing it as the foundation of the family. It is
this inviolability which is central to our traditional and
religious concepts of morality and provides the very
bedrock on which our society finds stability (MalcampoSin vs. Sin, G.R. No. 137590 March 26, 2001).
In Republic v. Nolasco (G.R. No. 94053 March 17, 1993),
the Supreme Court stressed the strong need to protect
the basic social institutions of marriage and the family
in the preservation of which the State has the strongest
interest; the public policy here involved is of the most
fundamental kind. In Article II, Section 12 of the
Constitution, there is set forth the following basic state
policy: 'The State recognizes the sanctity of family life
and shall protect and strengthen the family as a basic
CIVIL LAW
autonomous social institution. The same sentiment has
been expressed in the Family Code of the Philippines in
Article 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.
Marriage and ordinary contract distinguished
Marriage
Ordinary Contract
Special contract
Merely a contract
Social institution
Merely a contract
Governed by law on Governed by law on
marriage
contracts
Not subject to stipulations
Generally subject to
except
in
property
stipulations
relations
Minors may contract
through their parents or
Legal capacity is required
guardians or in some
cases by themselves
Contracting parties must
only be two persons one Two or more parties
is a female and the other regardless of gender
is a male
Parties can fix a period for
its
efficacy
to
be
Permanent union
ineffective after a few
years
Breach of obligations of
husband and wife does
not give rise to an action
for damages. The law Breach
of
ordinary
provides penal and civil contracts gives rise to an
sanctions
such
as action for damages
prosecution for adultery or
concubinage
and
proceedings for legal
separation.
Can be dissolved only by Can be dissolved by
death or annulment, not mutual agreement and by
other legal causes
by mutual agreement
Breach of promise to marry
General Rule: It is not by itself an actionable wrong
(Hermosisima vs. CA L-14628, September 30, 1960).
One cannot seek specific performance to compel
marriage.
Exceptions: To be actionable, there must be another act
independent of the breach of promise to marry which
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gives rise to liability as where there was financial

damage, social humiliation, and moral seduction.
1.
Mere breach of promise to marry is not an
actionable wrong; but to formally set a wedding and go
through all the preparations 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
pursuant to Art. 21 NCC. (Wassmer vs. Velez, No. L20089, December 26, 1964)
2.
Where a mans promise to marry was the
proximate cause of giving herself unto him in sexual
congress and there is proof he had no intention of
marrying her, the promise being a deceptive device,
damages may be awarded pursuant to Art. 21 NCC
because of the fraud and deceit behind it and the willful
injury to her honor and reputation (Baksh vs. CA, G.R.
No. 97336, February 19, 1993).
ESSENTIAL REQUISITES OF MARRIAGE: (LC)
1. Legal capacity of the contracting parties, who must be
a male and a female
a.
Eighteen years old or above
b.
Not under any impediment mentioned in Arts. 37
and 38 (Art. 5)
2. Consent freely given in the presence of a solemnizing
officer (Art. 2)
No particular form required
Capable of intelligently understanding the nature and
consequences of the act
FORMAL REQUISITES OF MARRIAGE: (ALM)
1. Authority of the solemnizing officer
2. Valid Marriage License
3. Marriage ceremony where the contracting parties
appear before the solemnizing officer, with their
personal declaration that they take each other as
husband and wife in the presence of not less than two
witnesses of legal age (Art. 3)
Effects of noncompliance with the requisites
(Art. 4)
Essential
Formal
Void ab initio
Absence
Defect
(ex: expired marriage license; one of

the parties is below 18 years old at
the time of the marriage)
Voidable
Voidable
(ex:
consent
obtained

Except:
when
parties over 18
but below 21
failed to obtain
parental consent,
in which case the
marriage
is
voidable (Art. 14)
Irregularity
(example
of
irregularity:
no
witnesses of legal
age, or only one
witness of legal
age, or witnesses
but not of legal
age during the
marriage
ceremony (Sta.
Maria,
M.,
Persons
and
Family Relations,
2010, p. 127);
issuance
of
marriage license
despite absence
of publication prior
to the completion
of the 10-day
period
for
publication
(Alcantara
vs.
Alcantara
G.R.
No.
167746
August 28, 2007)
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through force
and
intimidation;
Art. 45, 46)
Valid
Valid, but person
responsible
for
irregularity shall
be civilly and
criminally liable
Marriages by proxy
1.
If it was solemnized in the Philippines, the
marriage is VOID because physical appearance is
required under Art. 6.
2. If performed abroad, whether between Filipinos or
foreigners or mixed, the controlling article is Art. 26 of
the Family Code. (Paras, p. 377-378)
Authority of solemnizing officer
It is not the presence or absence of the solemnizing
officer which constitutes the formal requirement but the
absence or presence of the solemnizing officers
authority at the time of the solemnization of the marriage
(Araes vs. Occiano A.M. No. MTJ-02-1390 April 11,
2002; Navarro vs. Domagtoy A.M. No. MTJ-961088. July 19, 1996).
General Rule: The solemnizing officer is not duty bound
to investigate whether the marriage license was regularly
issued.
Must only determine if it was issued by a competent
official (Alcantara vs. Alcantara G.R. No. 167746 August
28, 2007)
If so, it may be presumed that the said official fulfilled the
duty to ascertain whether the contracting parties fulfilled
the requirements of law (People vs. Janssen G.R. No. L31763 December 27, 1929).
Exception: In cases of marriage in articulo mortis, in
remote places, and between a man and a woman living
together as husband and wife for at least 5 years without
legal impediment to marry each other
Solemnizing officer must take steps to ascertain the
ages, relationship, and qualifications of contracting
parties (Art. 29)
Persons authorized to
Requisites for the
solemnize marriages
exercise of their
(Art. 7) (PMJ-C)
authority
Priest, rabbi, imam or a. Duly authorized by his
ministers of any church
church or religious
or religious sect
sect;
Marriage ceremony (Art. 6)

No prescribed form or religious rite for solemnization of
marriage is required.
b. Registered with the

office of the civil
registrar general;
The absence of two witnesses of legal age is merely an

irregularity but the party responsible for the irregularity
shall be civilly, criminally, and administratively liable.
c. Acting within the limits

of the written authority
granted; and
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Municipal and city

mayors (Sec. 444, 445
Local
Government
Code, January 1, 1992)
Incumbent members of
the judiciary within the
courts jurisdiction
Ship captains or air

plane chiefs
d. At least one of the

parties belongs to the
solemnizing officers
church or religious sect
The term mayor includes
a vice-mayor who is the
Acting Mayor or who is
merely acting as a Mayor
(People vs. Bustamante,
citing Laxamana vs.
Baltazar G.R. No. L-11598
January 27, 1959)
Note: Court of Tax
Appeals, Sandiganbayan,
Court of Appeals and
Supreme Court justices
have jurisdiction over the
whole Philippine territory
(Sta. Maria, M., Persons
and Family Relations,
2010,, p. 135)
a. The marriage must be
in articulo mortis (one
of the parties is at the
point of death);
b. The marriage must be
between passengers
or crew members;
c. The ship must be at
sea or the plane must
be in flight; including
stopovers at ports of
call.
Assistant pilot has no

authority to solemnize a
marriage even if airplane
chief dies during the trip
Commander of a military a. He or she must be a
unit, in the absence of
military commander of
chaplain (Art. 32)
a unit;
Note: Unit refers to a
battalion
under
the
present
table
of
organization and not a
mere company (Minutes
of the Civil Code Revision
Committee held on May
23, 1983, p. 4)
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RELATIONS
commissioned officer;
Note: Rank should start
from 2nd lieutenant, ensign
and above (Webster
Dictionary, 1991 ed.)
c. A chaplain must be
assigned to such unit;
d. Such chaplain must
be absent at the time
of the marriage;
e. Marriage must be one
in articulo mortis; and
f.
Consul
generals,
consuls or viceconsuls
of the Republic of the
Philippines abroad (Art.
10)
The
contracting
parties,
whether
members of the
armed forces or
civilians, must be
within the zone of
military operation.
a. Marriage must only be
between
Filipino
citizens;
b. Has authority to
solemnize marriage
only abroad;
c. Acts not only as
solemnizer
of
a
marriage but also
perform the duties of
a local civil registrar
such as the issuance
of a marriage license;
b. The
solemnities
established
by
Philippine laws shall
be observed in their
execution (Art. 17,
NCC).
Authorized venues of marriage (Art. 8)

General Rule: Must be solemnized publicly, and not
elsewhere, in the
1. Chambers of the judge or in open court
2. Church, chapel or temple
3. Office of consulgeneral, consul or viceconsul
b. He or she must be a
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Note: This provision is only directory and the

requirement that the marriage be solemnized in a
particular or a public place is not an essential requisite.
(Sta. Maria, M., Persons and Family Relations, 2010, p.
140)
Valid marriage license (Art. 9)
A formal requisite of marriage
Issued by the local civil registrar of the city or municipality
where EITHER contracting party habitually resides.
The license is valid in any part of the Philippines for 120
days from date of issue, which is the date when the local
civil registrar signed the license.
Automatically cancelled at the expiration of the period if
contracting parties have not made use of it (Art. 20)
Exceptions to the marriage license requirement
(MARCO):
1. Among Muslims or members of ethnic cultural
communities solemnized in accordance with their
customs, rites and practices (Art. 33)
Exception only applies to Muslims and members of the
ethnic groups of the Cordillera Autonomous Region
because they have a separate lawCode of Muslim
Personal Laws of the Philippines and Organic Act of
the Cordillera Autonomous Region (RA 6766). Other
ethnic groups are still governed by the Family Code
(Sta. Maria, M., Persons and Family Relations, 2010,
p. 187).
2. In articulo mortis (Art. 27)
Marriage remains valid even if spouse at the point of
death subsequently survives (Art. 27)
3. In remote place
Residence of either party is so located that there is no
means of transportation to enable them to personally
appear before the local civil registrar (Art. 28)
4. Marriage of people who have previously cohabited for
at least 5 years /ratification by cohabitation (Art. 34)
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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 (Sta.
Maria, M., Persons and Family Relations, 2010, p.
140)
Requisites:
a. The man and woman must have been living as
husband and wife for at least five years before the
marriage;
b. The parties must have no legal impediment to marry
each other;
c. The fact of absence of legal impediment between
the parties must be present at the time of marriage;
d. The parties must execute an affidavit before any
person authorized by law to administer oaths stating
that they have lived together for at least five years
(and are without legal impediment to marry each
other); and
e. 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 (Manzano v. Sanchez
G.R. No. MTJ001329, March 08, 2001).
The 5year period should be computed on the basis
of cohabitation as husband and wife where the only
missing factor is the marriage contract to validate the
union (ex: if both cohabited at the age of 17,
counting starts when parties reach 18 years).
This 5year period should be the years immediately
before the day of the marriage and it should be a
period
of
cohabitation
characterized
by
EXCLUSIVITY meaning no legal impediment was
present at any time within the 5 years and
CONTINUITY that is unbroken (Republic v. Dayot,
G.R. No. 175581, March 8, 2008).
5. Solemnized outside the Phil. where no marriage
license is required by the country where they were
solemnized (Art. 26 par. 1)
Solemnizing of a marriage involving a foreign
contracting party in the Philippines (Art. 21)
When either or both parties are foreign citizens, they
must first submit a CERTIFICATE OF LEGAL CAPACITY
TO MARRY issued by their diplomatic/consular officials
before marriage license can be obtained.
Ratio: A certificate of legal capacity is necessary because
the Philippines, insofar as marriage is concerned,
adheres to the national law of the contracting parties with
respect to their legal capacity to contract marriage.
Without this certification of legal capacity, the local civil
registrar will not issue the marriage license (Sta. Maria,
M., Persons and Family Relations, 2010, p. 151).
CIVIL LAW
Exception: Marriage of both foreign citizens will be
solemnized by their countrys consul-general assigned in
the Philippines, if their countrys law allows the same
Stateless persons or refugees from other countries shall
submit an affidavit stating circumstances to show
capacity to contract marriage before a marriage license
can be obtained (Art. 21 par. 2).
Marriage certificate (Art. 22)
Best documentary evidence of the existence of a
marriage (Tenebro vs. CA G.R. No. 150758 February 18,
2004).
A mere photostat copy of a marriage certificate is a
worthless piece of paper (Vda. De Chua vs. CA, G.R.
No. 116835, March 5, 1998) but if such photostat copy
emanated from the Office of the Local Civil Registrar and
duly certified by the local civil registrar as an authentic
copy of the records in his office, such certified photostat
copy is admissible as evidence (Sta. Maria, M., Persons
and Family Relations, 2010, p. 154).
Testimony of one of the parties to the marriage,
witnesses or solemnizing officer is admissible to prove
the fact of marriage (Balogbog v. CA, G.R. No. 83598,
March 7, 1997).
It may also be proved by parol evidence (Sta. Maria, M.,
Persons and Family Relations, 2010, p.156).
Mere cohabitation is not direct proof of marriage, and it
must be proved by proper documents or by oral
testimony in case they have been lost (Sta. Maria, M.,
Persons and Family Relations, 2010, p.158).
Once the presumption of marriage arises, other evidence
may be presented in support thereof. The evidence need
not necessarily or directly establish the marriage but
must at least be enough to strengthen the presumption of
marriage. Every intendment of law leans toward
legitimizing marriage (Delgado vda de De la Rosa v.
Heirs of Marciana vda de Damian, GR No 155733,
January 27, 2006).
The Supreme Court rules in (Trinidad vs. CA, G.R. No.
118904. April 20, 1998) that when the question of
whether a marriage has been contracted arises in
litigation, said marriage may be proven by
relevant
evidence. To prove the fact of marriage, the following
would constitute competent evidence: the testimony of a
witness to the matrimony, the couples public and open
cohabitation as husband and wife after the alleged
wedlock, the birth and the baptismal certificates of
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RELATIONS
children born during such union, and the mention of such

nuptial in subsequent documents.
Marriage
certificate/marriage
contract
Formal requisite;
Not essential for the
validity of the marriage;
Absence
renders Best evidence to prove
marriage void ab initio existence (not validity)
except in the cases of marriage
provided under Art. 27
to 34
Issued by the local civil Issued by the person
registrar (Art. 19)
solemnizing
the
marriage (Art. 23)
Issued
before
the Issued
after
the
solemnization of the solemnization of the
marriage
marriage
Marriage license
Note: Marriage certificate is NOT an essential requisite

of marriage and should NOT be confused with a
marriage license.
M ARRIAGE C ELEBRATED
O UTSIDE THE P HILIPPINES
(A RT .26)
VALIDITY OF MARRIAGE
General Rule: Where one or both parties in the marriage
are citizens of the Philippines, the foreign marriage is
valid in this country if solemnized in accordance with the
laws of the country of celebration (Art. 26).
In case a Filipino contracts a foreign marriage which is
null and void in the place where it was solemnized, the
same shall also be null and void in the Philippines even if
such was valid if celebrated under Philippine laws.
If both are foreigners, lex loci celebrationis applies.
Exceptions: Foreign marriages shall not be recognized
in the Philippines if: (B2MA-PIP)
1. Contracted by a national who is below 18 years of age
(Art. 35(1))
Note: This exception should be construed as referring
to a situation where the marriage abroad is between a
Filipino and a Filipina and not between a Filipino or
Filipina and an alien married in the aliens state where
he or she (the alien), though below 18 years of age, is
capacitated to marry (Sta. Maria, M., Persons and

2. Bigamous or polygamous except as provided in Art.

41, FC (Art. 35(4))
3. Contracted through mistake of one party as to the
identity of the other (Art. 35(5))
4. Contracted following the annulment or declaration of
nullity of a previous marriage but before partition
(Art.35(6))
5. Void due to psychological incapacity (Art. 36)
6. Incestuous (Art.37)
7. Void for reasons of public policy (Art. 38)
Note: The existence of the pertinent provision of the
foreign marriage law must be shown to prove a foreign
marriage.
It is well-settled in our jurisdiction that our courts cannot
take judicial notice of foreign laws. Like any other facts,
they must be alleged and proved. Australian marital laws
are not among those matters that judges are supposed to
know by reason of their judicial function. The power of
judicial notice must be exercised with caution, and every
reasonable doubt upon the subject should be resolved in
the negative (Garcia vs. Recio, G.R. No. 138322 October
2, 2001).
DIVORCE
General rule: Divorce is not 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 (a) there is a valid
marriage celebrated between a Filipino citizen and a
foreigner; and (b) a valid divorce according to the
national law of the foreigner is obtained abroad by the
alien spouse capacitating him or her to remarry (Art.
26[2])).
The Filipino spouse should likewise be allowed to
remarry as if he or she was a foreigner at the time of
the solemnization of the marriage. To rule otherwise
would sanction absurdity and injustice (Republic v.
Orbecido III G.R. No. 154380 October 5, 2005).
Party pleading it must prove divorce as a fact and
demonstrate its conformity to the foreign law allowing
it, which must be proved as courts cannot take judicial
notice of foreign laws. If a valid divorce decree has
been obtained abroad, there is no more need to file an
action to nullify the marriage. The plaintiff has no more
personality to sue since the marriage bond has already
14 SAN BEDA COLLEGE
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Family Relations, 2010, p. 165).
been severed (Felicitas Amor-Catalan v. CA, G.R. No.

167109, February 6, 2007).
Article 26(2) applies where parties were Filipino
citizens at the time of the marriage was celebrated,
and later on, one of them becomes naturalized as a
foreign citizen and obtains a divorce decree: the
reckoning point is their citizenship at the time the valid
divorce is obtained abroad by the alien spouse
capacitating the latter to remarry (Rep. v. Obrecido III,
G.R. No. 154380, Oct. 5, 2005).
In Edgar San Luis v. Felicidad Sagalongos (G.R. No.
134029, February 6, 2007), it was held that a Filipino
who had been divorced by his alien spouse abroad
may NOT validly remarry in the Philippines if the
marriage was solemnized BEFORE the Family Code
took effect. It was noted that there is no need to
retroactively apply Art. 26 paragraph 2 of the Family
Code, since there is sufficient jurisprudential basis
allowing the Court to rule in the affirmative.
There must be a showing that the divorce decree gave
the foreigner spouse legal capacity to remarry because
in some jurisdictions, remarriage may be limited or
prohibited (Bayot v. Bayot, G.R. No. 155635 & 163979,
November 7, 2008).
The legislative intent is for the benefit of the Filipino
spouse, by clarifying his or her marital status, settling
the doubts created by the divorce decree. Essentially,
the second paragraph of Article 26 of the Family Code
provided the Filipino spouse a substantive right to have
his or her marriage to the alien spouse considered as
dissolved, capacitating him or her to remarry (Corpus
v. Sto. Tomas, G.R. No. 186571, August 11, 2010).
V OID M ARRIAGES (A RT .35)

KINDS OF VOID MARRIAGES (LAPIS):
I. Those contrary to law or public policy
II. Due to absence of essential or formal requisites
I. Due to psychological incapacity
II. Incestuous marriages
III.
Void subsequent marriages
Note: As a general rule, good faith and bad faith are
immaterial in determining whether or not a marriage is
null and void. Nonetheless, the party who knew that he or
she was entering a void marriage before its
solemnization may be held liable for damages by the
other contracting party under Art,19, 20 and 21 of the
Civil Code.
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RELATIONS
Exceptions:
1.
Art. 35 (2): either of the contracting parties is in
good faith in believing that the solemnizing officer has
authority although he has none in fact
2. Art. 41: person whose spouse disappears for four
consecutive years, or two years where there was
danger of death, the present spouse may validly marry
again after he or she:
a. Has a well-founded belief that his or her spouse is
dead;
b. Procures a judicial declaration of presumptive death;
c. At the time of subsequent marriage ceremony, is in
good faith with the subsequent spouse; otherwise,
the subsequent marriage shall be
considered
void.
the regular courts (Enrico v. Heirs of Medinaceli, G.R.

No. 173614, September 28, 2007).
In these two cases, it is necessary that both contracting

parties be in bad faith in order for the marriage to be
considered void.( Sta. Maria, M., Persons and Family
Relations, 2010, p. 195)
Exceptions:
a. Art. 40: a person in a void marriage who wants to
remarry must first file a civil case to obtain a judicial
declaration of nullity of the first marriage
b. Obtaining a judicial declaration of nullity for purposes
other than remarriage (legitimacy, settlement of estate,
criminal case) when the validity of the marriage is an
issue
c. If a donor desires to revoke a donation propter nuptias
(in consideration of the marriage) given to one or both
the spouses on the ground that the marriage is void
p. 196-198).
BAD FAITH AS AFFECTING PROPERTY DISPOSITION

General rule: In a void marriage, the property regime is
one of co-ownership (Art. 147 and 148). The law
provides that the person in bad faith will forfeit his or her
share in the co-ownership in favour of their common
children.
Exception: Void subsequent marriage due to the failure
of a party to get a prior judicial declaration of nullity of the
previous void marriage pursuant to Art. 40 of the Family
Code in which case Art. 43 par. 2 (instead of Art. 147 or
148) shall apply (Sta. Maria, M., Persons and Family
Relations, 2010, p. 195-196).
IMPRESCRIPTIBILITY
OF
DECLARATION OF NULLITY
ACTION
Declaration of nullity not a prejudicial question

The pendency of the civil action for nullity of marriage
does not pose a prejudicial question in a criminal case for
concubinage (Beltran vs. People, G.R. No. 137567, June
20, 2000). This ruling applies in a case for bigamy by
analogy since both crimes presuppose the subsistence of
a marriage (Bobis v. Bobis, G.R. No.138509, July 31,
2000).
ATTACKING A VOID MARRIAGE
General rule: A void marriage can be attacked
collaterally.
JUDICIAL DECLARATION OF NULLITY (Art. 40)

The absolute nullity of a previous marriage may be
invoked for purposes of remarriage on the basis solely of
a final judgment declaring such previous marriage void
(Art. 40).
FOR
General Rule: The action or defense for the declaration

of absolute nullity of a marriage shall not prescribe (Art.
39, as amended by R.A. 8533 approved on February 23,
1998).
Only the spouses can file petition for declaration of
nullity
Pursuant to A.M. No. 02-11-10-SC (SC Resolution which
took effect on March 15, 2003), a petition for declaration
of absolute nullity of void marriage may be filed solely by
the husband or the wife. Thus, compulsory or intestate
heirs can question the validity of the marriage of the
spouses, not in a proceeding for declaration of nullity, but
upon the death of a spouse in a proceeding for the
settlement of the estate of the deceased spouse filed in
Remarriage is not the sole purpose of declaration of

nullity of a marriage as it can be declared void for other
purposes
For purposes of remarriage, the only legally acceptable
basis for declaring a previous marriage an absolute
nullity is a final judgment declaring such previous
marriage void
Parties to a marriage should not be permitted to judge for
themselves its nullity, only competent courts having such
authority. Prior to such declaration of nullity, the validity of
the first marriage is beyond question (Landicho vs.
Rolova L-22579, February 23, 1968).
One who enters into a subsequent marriage without first
obtaining such judicial declaration is guilty of bigamy.

CIVIL LAW
PERSONS & FAMILY

RELATIONS
This principle applies even if the earlier union is
characterized by statute as void (Manuel vs. People,
G.R. No. 165842, November 29, 2005).
parties as to the physical identity of the other

6. Subsequent marriages that are void under Article 53 of
the Family Code
Interestingly, in Lucio Morigo v. People, (GR No. 145226,

Feb. 6, 2004), the SC ruled that a judicial declaration of
nullity is NOT NEEDED where NO MARRIAGE
CEREMONY at all was performed by a duly authorized
solemnizing officer, as where the parties merely signed a
marriage contract on their own without the presence of
the solemnizing officer.
General rule: A marriage contracted by any person

during the subsistence of a previous valid marriage
shall be null and void (Gomez v. Lipana, GR. No. L
23214, June 30, 1970).
The requirement for a declaration of absolute nullity of a

marriage is also for the protection of the spouse who,
believing that his or her marriage is illegal and void,
marries again. With the judicial declaration of the nullity
of his or her marriage, the person who marries again
cannot be charged with bigamy. A judicial declaration of
nullity is required before a valid subsequent marriage can
be contracted; or else, what transpires is a bigamous
marriage, reprehensible and immoral. (Teves vs. People,
G.R. No. 188775, August 24, 2011).
For purposes other than remarriage, such as but not
limited to determination of heirship, legitimacy or
illegitimacy of a child, settlement of estate, dissolution of
property regime or criminal case, other evidence is
acceptable to show the nullity of the marriage and the
court may pass upon the validity of marriage so long as it
is essential to the determination of the case (Nial vs.
Bayadog, G.R. No. 133778, March 14, 2000).
Collateral attack of marriage is allowed.
In a case for concubinage, the accused need not present
a final judgment declaring his marriage void, for he can
adduce evidence in the criminal case of the nullity of his
marriage other than proof of a final judgment declaring
his marriage void (Beltran vs. People, G.R. No. 137567,
June 20, 2000).
I. VOID MARRIAGES DUE TO ABSENCE OF ANY OF
THE ESSENTIAL OR FORMAL REQUISITES: (BB
LAPIS)
1. Contracted by any party below 18 years of age even
with parental consent
2. Bigamous or polygamous marriages except Art 41
3. Solemnized WITHOUT a license except as otherwise
provided
4. Solemnized by any person NOT LEGALLY authorized
to perform marriages UNLESS one or both of the
parties believed in good faith that the solemnizing
officer had the legal authority to do so
5. Marriages contracted through mistake of one of the
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Elements of bigamy (Art. 349, RPC):

a. The offender has been legally married.
b. The marriage has not been legally dissolved or in
case his or her spouse is absent, the absent spouse
could not yet be presumed dead according to the
Civil Code.
c. The offender contracts a second or subsequent
marriage.
d. The second or subsequent marriage has all the
essential requisites for validity.
.
Exception: Before the celebration of the subsequent
marriage, a declaration of presumptive death is
obtained after complying with the following
requirements: (JAB)
i. Judicial declaration of presumptive death; present
spouse must file a summary proceeding for the
declaration of the presumptive death of the
absentee without prejudice to the latters
reappearance.
ii. Absence of the other spouse must have been for
4 consecutive years, or 2 years where there was
danger of death under circumstances laid down in
Art. 391 of the NCC;
iii. Well-founded belief of the present spouse who
wishes to marry that absent spouse is already
dead; and
There is no well-founded belief that the absent
spouse is already dead when the present party
fails to conduct a diligent search for the missing
party (Republic v. Nolasco, G.R. No. 94053,
March 17, 1993).
Note: This is intended to protect the present
spouse from criminal prosecution for bigamy
under Art 349 of the Revised Penal Code.
However, if the bigamous marriage was committed
abroad, the guilty party cannot be criminally
prosecuted for bigamy in the Philippines as our
penal statutes are territorial in nature.
Exception to the exception: If both spouses of the
subsequent marriage acted in bad faith, said
marriage shall be void ab initio and all donations
CIVIL LAW
made by one in favor of the other are revoked by
operation of law (Art. 44).
Effect of reappearance of absent spouse:
General rule: The subsequent bigamous marriage
under Article 41 remains valid despite reappearance
of the absentee spouse.
Exception: Subsequent marriage is automatically
terminated if the reappearance was recorded in a
sworn statement 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
said spouses, without prejudice to the fact of
reappearance being judicially determined in case
such fact is disputed.
Exception to the exception: If there was a previous
judgment annulling or declaring the first marriage a
nullity, the subsequent bigamous marriage remains
valid.
Notes: If the absentee reappears, but no step is
taken to terminate the subsequent marriage either
by affidavit or by court action, the absentees mere
reappearance even if made known to the spouses in
the subsequent marriage will not terminate such
marriage (SSS v. Bailon, G.R. No 165545, March
24, 2006).
By express provision of law (Art. 247, FC), the
judgment of the court in a summary proceeding shall
be immediately final and executory. As a matter of
course, it follows that no appeal can be had of the
trial courts judgment in a summary proceeding for
the declaration of presumptive death of an absent
spouse under Article 41 of the Family Code. It goes
without saying, however, that an aggrieved party
may file a petition for certiorari to question abuse of
discretion amounting to lack of jurisdiction. Such
petition should be filed in the Court of Appeals in
accordance with the Doctrine of Hierarchy of Courts
(Republic vs. Tango G.R. No. 161062 July 31,
2009).
Note: Enumeration in Art 35 is NOT exclusive. Other
VOID marriages include:
1. Marriages in a play, drama, or movie
2. Marriages between two boys and two girls
3. Marriages in jest
4. Common law marriages
II. PSYCHOLOGICAL INCAPACITY (Art. 36)
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RELATIONS
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. Its meaning is
confined to the most serious cases of personality
disorders clearly demonstrative of an utter insensitivity or
inability to give meaning and significance to the marriage.
This psychological condition must exist at the time the
marriage is celebrated (Santos vs. CA, G.R. No. 112019,
January 4, 1995).
Psychological incapacity
It is the downright incapacity or inability to take
cognizance of and to assume the basic marital
obligations. The burden of proving psychological
incapacity is on the plaintiff. The plaintiff must prove that
the incapacitated party, based on his or her actions or
behavior, suffers a serious psychological disorder that
completely disables him or her from understanding and
discharging the essential obligations of the marital state.
The psychological problem must be grave, must have
existed at the time of marriage, and must be incurable
(Kalaw v. Fernandez, G.R. No. 166357, September 19,
2011).
In Marable v. Marable, G.R. No. 178741, January 17,
2011, the Supreme Court ruled that the term
psychological incapacity to be a ground for the nullity of
marriage under Article 36 of the Family Code, refers to a
serious psychological illness afflicting a party even before
the celebration of the marriage. These are the disorders
that result in the utter insensitivity or inability of the
afflicted party to give meaning and significance to the
marriage he or she has contracted. Psychological
incapacity must refer to 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 of psychological incapacity: (JIG)
1.
Juridical Antecedence Must be rooted in the
history of the party antedating the marriage, although
the overt manifestations may emerge only after the
marriage; and
2.
Incurability Must be incurable or, even if it
were otherwise, the cure would be beyond the means
of the party involved;
3.
Gravity must be grave/serious such that the
party would be incapable of carrying out the ordinary
duties required in a marriage (Santos vs. CA, G.R. No.
112019, January 4, 1995).

A person who is unable to distinguish between fantasy

and reality would be unable to comprehend the legal
nature of the marital bond much less its psychic meaning
and the obligations attached to the marriage, including
parenting. One unable to adhere to reality cannot be
expected to adhere as well to any legal or emotional
commitments (Antonio v. Reyes, G.R. No. 155800,
March 10, 2006).
While disagreements on money matters would, no doubt,
affect the other aspects of ones marriage as to make the
wedlock unsatisfactory, this is not a sufficient ground to
declare a marriage null and void. In fact, the Court takes
judicial notice of the fact that disagreements regarding
money matters are common, and even normal
occurrences between husbands and wives (Tongol vs.
Tongol, G.R. No. 157610, October 19, 2007).
Petitioner is not entitled to moral damages based on
declaration of psychological incapacity because the
award of moral damages should be predicated, not on
the mere act of entering into the marriage, but on specific
evidence that it was done deliberately and with malice by
a party who had known of his or her disability and yet
willfully concealed the same (Noel Buenaventura v. CA,
et al., G.R. No. 127358, March 31, 2005).
Jurisprudential guidelines (Molina doctrine) (Republic
v. Molina G.R. No. 108763, February 13, 1997): (PROBE
PIG)
1. Incapacity must be permanent or incurable;
2. Root cause of the psychological incapacity must be:
a. Medically or clinically identified
b. Alleged in the complaint:
i. Sufficiently proven by experts
ii. Clearly explained in the decision
3. Marital obligations refer to Art. 6871, 220,221 and
225 of the FC;
4. Plaintiff has burden of proof;
5. Incapacity proven to be existing at the time of the
celebration of marriage;
6. Trial court must order the prosecuting attorney or fiscal
and the Solicitor General to appear for the state;
7. Illness is grave enough to bring about disability to
assume essential marital obligations; and
Interpretations of the National Appellate Matrimonial
Tribunal of the Catholic Church of the Philippines while
not controlling should be given great respect.
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RELATIONS
May involve a senseless, protracted and constant refusal
to comply with the essential marital obligations by one or
both of the spouses although he, she or they are
physically capable of performing such obligations (Chi
Ming Tsoi v. CA, G.R. No. 119190, Jan. 16, 1997).
Note: The Supreme Court said that the provisions of

Article 36 should be interpreted on a case-to-case basis.
The Court said: Let it be remembered that each case
involving the application of Article 36 must be treated
distinctly and judged not on the basis of a priori
assumptions, predilections or generalizations but
according to its own attendant facts. Courts should
interpret the provision on a case-to-case basis, guided by
experience, the findings of experts and researchers in
psychological disciplines, and by decisions of church
tribunals. (Aurelio vs. Aurelio, G.R. No. 175367, June 6,
2011).
In Te v. Yu-Te (G.R. No. 161793, February 13, 2009), the
SC stressed that it is the court, on a case to case basis,
which determines whether a party to a marriage is
psychologically incapacitated, and that each case should
be treated differently. In ruling that the doctrine in
Republic vs. CA and Molina (1997) was inapplicable, the
Court declared that cases of psychological incapacity
should be decided not on the basis of a priori
assumptions, predictions or generalizations but
according to its own facts. Courts should interpret the
provision on a case-to-case basis; guided by experience,
the findings of experts and researchers in psychological
disciplines, and by decisions of church tribunals. While it
was not suggesting the abandonment of the Molina
doctrine, it ruled that said doctrine has become a straitjacket, forcing all sizes to fit into and be bound by it, and
in conveniently applying said doctrine, has allowed
diagnosed sociopaths, schizophrenics, nymphomaniacs,
narcissists and the like, to continuously debase and
pervert the sanctity of marriage.
In ruling that both parties to the marriage were
psychologically incapacitated, the Court also stressed
that the expert opinion on the psychological and mental
temperament of the parties must not be discounted, but
must instead be considered as decisive evidence.
The wifes promiscuity and the psychiatrists report that
she was suffering from social personality disorder
exhibited by blatant display of infidelity, emotional
immaturity, and irresponsibility cannot be equated with
psychological incapacity (Dedel v. Court of Appeals, G.R.
No. 151867, January 29, 2004).
Similarly, the husbands
alleged alcoholism,
drunkenness, his habitual verbal and physical abuse of
the wife, failure to support the latter and her children, and
unbearable jealousy, do not constitute psychological
incapacity (Republic vs. Melgar, G.R. No. 139676,March
31, 2006).
CIVIL LAW
In Marcos v. Marcos (GR. NO. 136490, October 19,
2000), the SC held that psychological incapacity may be
established by the totality of the evidence presented. The
facts alleged in the petition and the evidence presented,
considered in totality, should be sufficient to convince the
court of the psychological incapacity of the party
concerned (Bernardino S. Zamora vs. CA, G.R. No.
141917, February 7, 2007).
There is NO REQUIREMENT that the person sought to
be declared psychologically incapacitated should be
personally examined by a physician or psychologist as a
condition sine qua non to arrive at such declaration. It
can be proven by independent means that one is
psychologically incapacitated; there is no reason why the
same should not be credited (Republic of the Philippines
vs. Laila Tanyag-San Jose and Manolito San Jose, G.R.
No. 168328, February 28, 2007).
Psychological incapacity is not meant to comprehend all
possible cases of psychoses. The fourth guideline in
Molina requires that the psychological incapacity as
understood under Art. 36 (FC) must be relevant to the
assumption of marriage obligations, not necessarily to
those not related to marriage, like the exercise of a
profession or employment in a job (Tongol vs. Tongol,
G.R. No. 157610, October 19, 2007).
Final judgment denying a petition for nullity on the ground
of psychological incapacity bars a subsequent petition for
declaration of nullity on the ground of lack of marriage
license. There is res judicata (Mallion vs. Alcantara, G.R.
No. 141528, October 31, 2006).
In petitions for the declaration of nullity of marriage, the
burden of proof to show the nullity of marriage lies with
the plaintiff. Unless the evidence presented clearly
reveals a situation where the parties, or one of them,
could not have validly entered into a marriage by reason
of a grave and serious psychological illness existing at
the time it was celebrated, we are compelled to uphold
the indissolubility of the marital tie (Republic v. Galang,
G.R. No. 168335, June 6, 2011).
III. INCESTUOUS MARRIAGES, WHETHER THE
RELATIONSHIP IS LEGITIMATE OR ILLEGITIMATE,
BETWEEN (Art. 37):
1. Ascendants & Descendants of any degree;
2. Brothers & Sisters whether full or half blood
IV. THOSE CONTRARY TO PUBLIC POLICY
CONTRACTED BETWEEN (Art. 38): (CS-PASS-AKA)
1. Collateral blood relatives whether legitimate or
illegitimate up to the 4th civil degree
PERSONS & FAMILY

RELATIONS
2. Stepparents & step children

3. Parentsinlaw & childreninlaw
4. The adopting parent & the adopted child
5. The surviving spouse of the adopting parent & the
adopted child
6. The surviving spouse of the adopted child & the
adopter
7. Adopted child & a legitimate child of the adopter
8. Parties where one, with the intention to marry the
other, killed the latters spouse, or his/her spouse.
9. Adopted children of the same adopter
Note: There is no need for conviction in a criminal
case of the guilty party. The fact of killing committed by
one of the parties to the marriage can be proved in a
civil case.
The following can now marry each other: (LSG-AC2)
1. Brotherinlaw and sisterinlaw
2. Stepbrother and stepsister
3. Guardian and ward
4. Adopted and illegitimate child, parents and relatives by
consanguinity or affinity of the adopter;
5. Parties who have been convicted of adultery or
concubinage
6. Collateral relatives by the half blood.
Determination if two persons are relatives up to the
4th civil degree:
1. Consider the nearest and immediate common
ascendant
2. Count the number of relatives from one of them to the
common ascendant and from the common ascendant
to the other one.
Relationship by consanguinity is in itself not capable of
dissolution. Hence, the mere fact that a common
ascendant, a grandfather for example, died does not
sever the blood relationship of first cousins.
Two views on termination of marriage on the affinity
prohibition
a. Relationship by affinity terminates with the termination
of the marriage whether there are children or not in the
marriage.
b. Relationship by affinity is dissolved if one of the
spouses dies and the spouses have no living issues or
children; it does not cease if there are living issues or
children of the marriage in whose veins the blood of
the parties are commingled, since the relationship of
affinity was continued through the medium of the issue
of marriage (Sta. Maria, M., Persons and Family
Relations, 2010, p. 251-253).

No judicial proceeding to annul a subsequent marriage

contracted under Art. 41 is necessary. Also, the
termination of the subsequent marriage by affidavit
provided for in Art. 42 does not preclude the filing of an
action in court to prove the reappearance of the absentee
and obtain a declaration of dissolution or termination of
the subsequent marriage (SSS vs. Vda. De Ballon, G.R.
No. 166645, March 24, 2006).
3. Where the absent spouse was presumed dead, and
both the present spouse and wouldbe spouse were in
bad faith in contracting marriage (Art. 44)
4. Failure to comply with Art. 52 requiring the partition
and distribution of properties and delivery of childrens
presumptive legitimes which should be recorded in the
appropriate civil registry and registry of property after
obtaining judgment for declaration of nullity or
annulment (Art. 53)
Note: Failure to record in the civil registry and registry of
property the judgment of annulment or of absolute nullity
of the marriage, partition and distribution of the property
of the spouses and the delivery of the childrens
presumptive legitimes shall not affect third persons (Arts.
5253).
VOID AND VOIDABLE MARRIAGE DISTINGUISHED
Void
Voidable
Decree of nullity
Decree of annulment
Ratified
by
free
Incapable of ratification
cohabitation
Can be attacked directly Can be attacked directly
or collaterally
only
Can still be impugned Can no longer be
even after death of impugned after death of
parties
one of the parties
Coownership
of Generally
Conjugal
properties through joint Partnership or Absolute
actual contributions
Community
Always void
Valid until annulled
Action for declaration of
Action prescribes
nullity does not prescribe
See Comparative Chart on Effects of Declaration of
Nullity, Annulment and Termination of Marriage in Art. 41
and Legal Separation.
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PERSONS & FAMILY

RELATIONS
V. VOID SUBSEQUENT MARRIAGES
1. Without judicial declaration of nullity of previous void
marriage (Art. 40)
2. Without judicial declaration of presumptive death of
absent spouse (Art. 41)
V OIDABLE M ARRIAGE S
(A RT .45)
Unlike void marriages which is invalid from the beginning,
voidable marriages are considered valid until annulled.
The grounds for annulment of marriage are exclusive
291).
Grounds: (AUF-VPS) must exist AT THE TIME of
marriage
1. Absence of consent to contract marriage from the
parents, guardian or person exercising substitute
parental authority (in that order) over one or both of the
parties, where one or both of the parties is over 18 but
below 21
2. Unsound mind of either party
The true test is whether the party concerned could
intelligently consent; that is, that he knew what contract
he was entering into (Hoadley v. Hoadley, 244 N.Y.
424).
Intoxication which results in lack of mental capacity to
give consent is equivalent to unsoundness of mind
(McKnee v. McKnee, 49 Nev. 90).
So is somnambulism at the time of wedding (15
Sanchez Roman 528).
3. Consent of either party obtained by fraudulent means
as enumerated in Art. 46: (NPSD)
a. Nondisclosure of a previous conviction by final
judgment of the other party of a crime involving
moral turpitude;
b. Concealment by the wife of the fact that at the time
of the marriage, she was pregnant by a man other
than her husband;
Must have been done in bad faith. If the woman did
not expressly inform the man of her pregnancy but
such physical condition was readily apparent to the
man, he cannot claim lack of knowledge thereof
(Buccat vs. Buccat, G.R. No. 47101, April 25, 1941).
c. Concealment of a sexually transmissible disease,
regardless of its nature, existing at the time of the
marriage; and
Nature or gravity of disease is irrelevant; it is enough
that there was concealment at the time of the
CIVIL LAW
ceremony.
d. Concealment of drug addiction, habitual alcoholism,
homosexuality or lesbianism existing at the time of
the marriage
Note: There is fraud when, through insidious words
or machinations of one of the contracting parties, the
other is induced to enter into a contract which,
without them, he would not have agreed to (Art.
1338, NCC).
The enumeration in Article 46 is exclusive. Hence,
misrepresentation as to character, health, rank,
fortune or chastity is NOT a ground for annulment
(Anaya vs. Palaroan, GR. No. L27930, November
26, 1970)
4. Vitiated consent of either party through force,
intimidation or undue influence
Criminal liability attaches to anyone who uses violence,
intimidation and fraud in contracting a marriage (Art.
350 RPC)
Violence
When in order to wrest consent, serious or irresistible
force is employed (Art. 1335 par. 1, NCC).
Intimidation
When one of the contracting parties is compelled by a
reasonable and well-grounded fear of an imminent and
grave evil upon his person or property, or upon the
person or property of his spouse, descendants or
ascendants, to give his consent (Art. 1335 par. 2,
NCC)
Factors to consider in violence and intimidation: the
age, sex and condition of the person. A threat to
enforce ones claim through competent authority, if the
claim is just or legal, does not vitiate consent (Art.
1335 par. 3 and 4, NCC)
Undue influence
It is when a person takes improper advantage of
another, depriving the latter of reasonable freedom of
choice.
Factors to consider: the confidential, family, spiritual
and other relations between the parties or the fact that
the person alleged to have been unduly influenced was
suffering from mental weakness or was ignorant or in
financial distress (Art 1337, NCC).
PERSONS & FAMILY

RELATIONS
5. Physical incapability of either party to consummate the

marriage with the other, and such incapacity continues
and appears to be incurable (impotency)
Impotency being an abnormal condition should not be
presumed. The presumption is in favor of potency
(Jimenez vs. Caizares G.R. No. L-12790 August 31,
1960).
Article 45(5) of the Family Code refers to lack of power
to copulate. Incapacity to consummate denotes the
permanent inability on the part of the spouses to
perform the complete act of sexual intercourse. Nonconsummation of a marriage may be on the part of the
husband or of the wife and may be caused by a
physical or structural defect in the anatomy of one of
the parties or it may be due to chronic illness and
inhibitions or fears arising in whole or in part from
psychophysical conditions. It may be caused by
psychogenic causes, where such mental block or
disturbance has the result of making the spouse
physically incapable of performing the marriage act
(Alcazar vs. Alcazar G.R. No.174451 October 13,
2009).
Requisites for annulment due to impotence:
(CUPIN)
a. It exists at the time of the celebration of the
marriage;
b. It is unknown to the other spouse;
c. It is permanent;
d. It is incurable; and
e. The other spouse must not also be impotent.
Doctrine of triennial cohabitation
Presumption that the husband is impotent should the
wife still remain a virgin for at least 3 years from time
spouses started cohabiting (Tompkins vs. Tompkins,
92 NJ 113 as cited Sta. Maria, p. 307-308; Paras, p.
450-451).
Refusal on the part of a Filipino girl to submit to a
physical examination to determine impotency does
NOT raise the presumption of impotency because of
the natural modesty of our native girls. (Jimenez v.
Canizares, L-12790, August 31, 1960)
6. Sexually transmissible disease of either party found to
be serious and appears to be incurable.
Elements: (ESSA)
a. Existing at the time of marriage
b. Sexually transmissible disease
c. It is serious; and
d. Appears incurable

PERSONS & FAMILY

RELATIONS
Insanity
Relative
guardian
or persons
having
legal
charge of
the insane
Insane
spouse
22 SAN BEDA COLLEGE
Anytime
before the
death
of Free
either party cohabitation after
insane
regains
During
sanity
lucid
interval or
after
regaining
sanity
OF LAW
OPERATIONS
CIVIL LAW
ACTION FOR ANNULMENT OF VOIDABLE

MARRIAGES (Art. 47)
Persons
PrescripGrounds
RatifiWho
May
tive
22
(F I NS)
cation
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or intimidaundue
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Free
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Within
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with
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Injured
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the
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facts
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the
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Within
5
No
Incapabiyears after
ratification
lity
to Injured
the
since
consumparty
celebration
defect is
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of
the
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Sane
Anytime
spouse
Free
before the
who has
cohabitadeath
of
no knowtion after
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ledge of
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the
regains
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(F2I2NS)
Non
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Persons
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STD
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cohabitareaches 21 tion after
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Within
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No ratificayears after
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nent.
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Note: Whichever comes first may convalidate the

marriage: cohabitation OR prescription.
Additional requirements for annulment or declaration
of nullity (Art. 48 par. 1; Supreme Court En Banc
Resolution A.M. 02-11-10-SC)
Prosecuting attorney or fiscal should:
1. Appear on behalf of the state
2. Take steps to prevent collusion between the parties
3. Take care that evidence is not fabricated or
suppressed (Sec.9)
There will be collusion only if the parties had arranged to
make it appear that a ground existed or had been
committed although it was not, or if the parties had
connived to bring about a matrimonial case even in the
absence of grounds therefor (Ocampo vs. Florenciano,
G.R. No. L13553, February 23, 1960).
However, petitioners vehement opposition to the
annulment proceedings negates the conclusion that
collusion existed between the parties. Under these
circumstances, the nonintervention of a prosecuting
attorney to assure lack of collusion between the
contending parties is not fatal to the validity of the
proceedings in the trial court (Tuason vs. CA, G.R. No.
116607, April 10, 1996).
Pendency of action for annulment
During the pendency of the action and in the absence of
adequate provisions in a written agreement between the
spouses, the court shall:
CIVIL LAW
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RELATIONS
1. Provide for the support of the spouses and the custody

and support of common children
2. Give paramount consideration to the moral and
material welfare of the said children and their choice of
the parent with whom they wish to remain.
3. Provide for appropriate visitation rights. (Art. 49, FC)
Delivery shall in no way prejudice the ultimate

successional rights of the children accruing upon the
death of either or both parents
Visitation rights flow from the natural right of both parents

to each others company. There being no such parent
child relationship between them, Gerardo has no
demandable right to visit the child of Mario with Theresa
(Concepcion vs. CA GR. No. 12345, August 31, 2005).
3. Registration of the entry of judgment granting petition

for declaration of absolute nullity or annulment in the
Civil Registry where the marriage was celebrated and
in the Civil Registry of the place where the FC was
located.
4. Registration of approved partition and distribution of
properties of the spouses in the proper Registry of
Deeds where the real properties are located.
Decision on the nullification of the marriage

No judgment shall be based upon stipulation of facts or
confession of judgment (Art. 48 par. 2).
The value of the properties received shall be

considered as advances.
Note: The rule applies to Legal Separation.

Stipulation of facts
An admission by both parties made in court agreeing to
the existence of the act constituting the ground for
annulment or for the declaration of nullity.
Confession of judgment
The admission made in court by the respondent
admitting fault as invoked by the plaintiff to sever the
marriage ties (Sta. Maria, M., Persons and Family
Relations, 2010, p. 319).
If the defendant spouse fails to answer the complaint, the
court CANNOT declare him or her in default; instead, it
should order the public prosecutor to determine if
collusion exists between the parties (Section 6, Rule 18
of the Revised Rules of Court; Sec. 13 (b); Supreme
Court En Banc Resolution A.M. 02-11-10-SC).
If aside from a stipulation of facts or a confession of
judgment, sufficient evidence was presented, the court
may render a judgment annulling the marriage (Ocampo
v. Florenciano, GR. No. L13553, February 23, 1960).
Note: The rule also applies to Legal Separation
After court grants petition, it shall issue the decree of
absolute nullity or annulment only after compliance with
the following:
1. Must proceed with the liquidation, partition, and
distribution of the properties of the spouses including
custody and support of the common children unless
such matters had been adjudicated in previous judicial
proceedings.
2. Delivery of the childrens presumptive legitimes in
cash, property or sound securities unless otherwise
mutually agreed upon and judicially approved.
Effects of nullity
1. Either of the former spouses may marry again after
complying with the requirements of Art. 52 (Art. 53).
2. On Children (Art. 54)
a. Those conceived or born before the judgment or
annulment or absolute nullity of the marriage under
Art. 36 has become final and executory, shall be
considered legitimate.
b. Those conceived or born of the subsequent
marriage under Art. 53 shall likewise be legitimate.
In both instances under Articles 40 and 45, the marriages
are governed either by absolute community of property or
conjugal partnership of gains unless the parties agree to
a complete separation of property in a marriage
settlement entered into before the marriage. Since the
property relations of the parties is governed by absolute
community of property or conjugal partnership of gains,
there is a need to liquidate, partition and distribute the
properties (Dino v. Dino, G.R. No. 178044, January 19,
2011).
L EGAL S EPARATION
A decree of legal separation or relative divorce does not
affect the marital status, there being no severance of the
vinculum (Laperal v. Republic G.R. No. L-18008 October
30, 1962).
A legal separation involves nothing more than bed-andboard separation of the spouses (Lapuz v. Eufemio G.R.
No. L-30977 January 31, 1972).

Refers to prostitution only and irrespective of the age

of the child (Sta. Maria, M., Persons and Family
The law does not give a cause of action to the
petitioner to file a case for legal separation on the
ground that the respondent-spouse committed the
ground provided in Art. 55(3) upon his or her own child
with another person. However, such act may be a
cause to suspend or terminate, depending on the
severity, the parental authority of the respondent over
his own child pursuant to Art. 231 (2) and (4) of he
Family Code (Sta. Maria, M., Persons and Family
3. Attempt by the respondent against the life of the
petitioner
The attempt on the life of the spouse must proceed
from an evil design and not from any justifiable cause
like self-defense or from the fact that the spouse
caught the other in flagrante delicto having carnal
knowledge with another man or woman (Sta. Maria,
M., Persons and Family Relations, 2010, p. 359-360).
4. Final judgment sentencing the respondent to
imprisonment of more than 6 years even if pardoned
5. Drug addiction or habitual alcoholism of the
respondent
6. Lesbianism or homosexuality of the respondent
7. Abandonment of the petitioner by the respondent
without justifiable cause for more than 1 year
There must be absolute cessation of marital relations,
duties, and rights, with the intention of perpetual
separation (Partosa-Jo vs. CA, G.R. No. 82606,
December 18, 1992). Abandonment implies total
renunciation of duties.
8. Physical violence or moral pressure to compel
petitioner to change religious or political affiliation
9. Contracting by respondent of a subsequent bigamous
marriage; and
10. Sexual infidelity or perversion.
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EXCLUSIVE GROUNDS FOR LEGAL SEPARATION:
(Art. 56) (PAA-ID-LAMBS)
1. Repeated physical violence or grossly abusive
conduct directed against the petitioner, a common
child, or a child of the petitioner
2. Attempt of the 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
Sexual perversion includes engaging in such behavior

not only with third persons but also with the spouse
p. 359).
Note: Mere preponderance of evidence will suffice to
prove the existence of these grounds EXCEPT the 4 th
ground.
RA 9262 Anti-Violence Against Women and Children
(March 8, 2004)
Acts of Violence:
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:
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;
6. Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;
7. 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;
CIVIL LAW
8. 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;
9. 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 (Sec. 5, RA
9262).
In cases of legal separation, where violence as
specified in RA 9262 is alleged, Article 58 of the
Family Code on the 6 months cooling-off period shall
NOT apply. The court shall proceed on the main case
and other incidents of the case as soon as possible.
The hearing on any application for a protection order
filed by the petitioner must be conducted within the
mandatory period specified (Sec. 19, RA 9262).
The woman victim of violence shall be entitled to the
custody and support of her child/children. Children
below seven (7) years old older but with mental or
physical disabilities shall automatically be given to the
mother, with right to support, unless the court finds
compelling reasons to order otherwise. A victim who is
suffering from battered woman syndrome shall not be
disqualified from having custody of her children. In no
case shall custody of minor children be given to the
perpetrator of a woman who is suffering from battered
woman syndrome (Sec. 28, RA 9262).
GROUNDS FOR DENIAL OF PETITION (Art. 56):
(C4MPDR)
1. Condonation of the offense or act complained of.
Condonation
It is the act of forgiving the offense after its commission
p. 362).
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RELATIONS
Failure of the husband to look for his adulterous wife is

NOT condonation to wife's adultery (Ocampo v.
Florenciano, G.R. No. L13553, February 23, 1960).
The act of the husband in having sexual intercourse
with his wife in spite of his knowledge of the latters
infidelity is an act of implied condonation. A single
voluntary act of sexual intercourse by the innocent
spouse after discovery of the offense is ordinarily
sufficient to constitute condonation (Bugayong vs.
Ginez, G.R. No. L-10033, December 28, 1956).
2. Consent to commission of offense or act complained of
Consent is prior to the act; condonation comes after
(People v. Schneckenburger, 73 Phil 413).
There is consent when either of the spouses agreed to
or did not object, despite full knowledge, to the act
giving rise to a ground for legal separation, before such
act was in fact committed (Sta. Maria, M., Persons
and Family Relations, 2010, p. 363).
3. Connivance
between parties of commission of
offense or act constituting ground
Connivance or procurement
Denotes direction, influence, personal exertion, or
other action with knowledge and belief that such action
would produce certain results and which results are
produced (Cohen, Divorce and Alimony in North
Carolina, 59, IV, p. 98 as cited Sta. Maria, p. 364).
4. Collusion between parties
Collusion
It is a corrupt agreement between the spouses by
making it appear that the marriage is defective due
to the existence of any of the grounds and agreeing
to represent such false or non-existent cause of
action before the proper court to procure divorce or
legal separation (Sta. Maria, M., Persons and Family
5. Mutual guilt or where both parties have given ground
for legal separation
6. Prescription
An action for legal separation shall be filed within 5
years from time of occurrence of the cause (Art. 57)
7. Death of either party during the pendency of the case
(LapuzSy vs. Eufemio, G.R. No. 113842, August 3,

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RELATIONS
1994)
8. Reconciliation of the spouses during the pendency of
the case
By filing in the same proceeding a joint manifestation
under oath, duly signed by the spouses (Art. 65)
Coolingoff period
6-month period from the filing of the petition designed to
give the parties enough time to further contemplate their
positions with the end in view of attaining reconciliation
between them. No action for Legal Separation shall be
tried during such period (Art. 58).
It is a mandatory requirement and its non-compliance
makes the decision infirm (Pacete vs. Carriaga, G.R. No.
53880, March 17, 1994).
Even if the parents are separated de facto, still in the

absence of judicial grant of custody to one parent, both
parents are entitled to the custody of their child. The
remedy of habeas corpus may be resorted to by the
parent who has been deprived of the rightful custody of
the child (Salientes v. Abanilla, G.R. No. 162734, August
29, 2006). A decree of legal separation, on the ground of
concubinage, may issue upon proof of preponderance of
evidence in the action for legal separation. No criminal
proceedings or conviction is necessary.
RECONCILIATION OF LEGALLY SEPARATED
SPOUSES
If the spouses should reconcile, the corresponding joint
manifestation under oath duly signed by them shall be
filed with the court in the same proceeding for legal
separation (Art. 65).
A writ of preliminary mandatory injunction for the return of

the wifes paraphernal property can in the meantime be
heard and granted during the 6-month period (SomosaRamos v. Vamenta, G.R. No. L-34132 July 29, 1972).
Effects of reconciliation of the spouses (Art. 66)

1. The legal separation proceedings, if still pending, shall
thereby be terminated at whatever stage.
2. The final decree of legal separation shall be set aside,
but the separation of property and any forfeiture of
share of the guilty spouse already effected shall
subsist, unless the spouses agree to revive their
former property regime.
Effects of filing petition: (Art. 61)

1. The spouses shall be entitled to live separately from
each other
2. In the absence of an agreement between the parties,
the court shall designate the husband, the wife, or a
third person to manage the absolute community or
conjugal partnership property (Art. 61)
3. The husband shall have no more right to have sexual
intercourse with his wife.
Revival of property regime (Art. 67)

Agreement of revival and motion for its approval shall be
filed in court in the same proceeding for legal separation
and shall be executed under oath and shall specify:
1. Properties to be contributed anew to restored regime;
2. Those to be retained as separated properties of each
spouse;
3. Names of all known creditors, addresses, and amounts
owing to each.
No legal separation may be decreed unless the Court

has taken steps toward the reconciliation of the spouses
and is fully satisfied, despite such efforts, that
reconciliation is highly improbable. (Art. 59)
After due hearing, court shall take measures to protect

interest of creditors and such order shall be recorded in
the proper registries of properties but the same shall not
prejudice creditors not listed or notified, unless debtorspouse has sufficient separate properties to
satisfy creditors claim.
The cooling-off period does not mean the overruling of

provisions as custody, alimony, and support pendente
lite.
Note: The wife who has been granted legal separation

cannot petition to be allowed to revert to her maiden
name (Art. 372, NCC).
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EFFECTS OF THE PETITION FOR DECLARATION OF PRESUMPTIVE DEATH, NULLITY OF MARRIAGE,

ANNULMENT AND LEGAL SEPARATION
Termination
(Art.41)
Declaration of Nullity
Annulment
Legal Separation
(Art. 40)
(Art. 45)
(Art. 55)
Rendering judgment on the petition
No motion to dismiss shall be allowed except if the ground is lack of jurisdiction.
The grounds alleged must be proved. No judgment on the pleadings, summary judgment or
confession of judgment shall be allowed.
Summary proceeding;
judgment
may
be
rendered based on
affidavits, documentary
evidence
or
oral
testimonies at the sound
discretion of the court
(Art. 246)
Notes:
Stipulation of facts- an admission by both parties made in court agreeing to the existence of
the act constituting the ground for annulment or for the declaration of nullity.
Confession of judgment- the admission made in court by the respondent admitting fault as
invoked by the plaintiff to sever the marriage ties (Sta. Maria, M., Persons and Family
In legal separation cases, no decree shall be issued unless the Court has take steps toward
reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is
highly improbable (Art. 59).
Procedural requirements after judgment, before issuance of decree

1. Liquidation, partition, delivery of properties, including custody and support of common children
unless such matters had been adjudicated in previous judicial proceedings
2. Delivery of childrens presumptive legitimes
3. Registration of the entry of judgment granting the petition in the Civil Registry where the
marriage was celebrated AND in the Civil Registry of the place where the family court is located
4. Registration of approved partition and distribution of properties in the Registry of Deeds where
the real properties are located
Marital Status
Subsequent marriage Previous marriage, void ab Valid until annulled or No dissolution of marriage, only
automatically terminated initio
terminated
separation of bed-and-board;
by
affidavit
of
entitled to live separately
reappearance
Status of Children Born/Conceived Before Termination
Legitimate
Illegitimate except those as Legitimate
Legitimate
provided in Art. 36 and 53
Custody of Children
Custody in case of During pendency:
dispute shall be decided 1. Written agreement
by the court in separate 2. Absence thereof, court decides based on best interest of child and may award it in the
proceedings for custody
following order of preference:
but same considerations
a. Both parents jointly
as in Declaration of
b. Either parent, may consider choice of child over 7 years unless parent chosen is unfit
Nullity
c. Surviving grandparent, if several then choice of child over 7 years unless grandparent
chosen is unfit/disqualified
d. Eldest brother/sister over 21unless unfit/ disqualified
e. Any other person deemed suitable by court
After decree:
To the innocent spouse but no child under 7 shall be separated from the mother unless there are
compelling reasons

(Art. 40)
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RELATIONS
Termination
(Art.41)
Annulment
(Art. 45)
Child Support
Legal Separation
(Art. 55)
Support in case of During pendency:

dispute shall be decided 1. Written agreement
by the court in separate 2. In the absence thereof, from properties of the absolute community of property (ACP) or
proceedings for custody
conjugal partnership (CP)
but same considerations
as in Declaration of After Decree:
Nullity
Either parent/ both may be ordered by court to give an amount necessary for support in
proportion to resources/means of giver and necessities of recipient
Spousal Support
During pendency:
1. Written agreement
2. In the absence thereof, from properties of the ACP or CP, considered as advance to be
deducted from share during liquidation
3. Restitution if after final judgment court finds that person providing support pendente lite is
not liable therefor (Sec. 7, Rule 61, ROC)
Property Relations
1. ACP or CP shall be dissolved and liquidated
1. ACP or CP shall be dissolved
2. If either spouse contracted marriage in bad faith, he or she has no right to any
and liquidated.
share of net profits earned by ACP or CP
2. Offending spouse has no
3. Net profits shall be forfeited in favor of common children, or if none, children of
right to any share of net
guilty spouse by previous marriage, or in default thereof, the innocent spouse
profits earned by ACP or CP
4. In all other cases of void marriage, Art. 147 and 148 applies (Valdes vs. RTC) 3. Net profits shall be forfeited
in favor of common children,
or if none, children of guilty
In addition, for marriages under Art. 40 and 45:
spouse
by
previous
1. All creditors of spouses and of the ACP or CP shall be notified of the proceedings
marriage, or in default
for liquidation
thereof, the innocent spouse.
2. Conjugal dwelling and lot on which it is situated shall be adjudicated pursuant to
Art. 102 and 129
Presumptive Legitime
1. Delivery of presumptive legitime of all common children
computed as of date of final judgment without prejudice
to ultimate successional rights of children accruing
upon death of either or both parents
2. Shall be considered as advances on common
childrens legitime (Art. 51)
Donation Propter Nuptias
1. Shall remain valid, 1. Shall remain valid, unless 1. Shall remain valid, 1. Donor is given option to
unless
donee
donee contracted marriage
unless
donee
revoke; if donor decides to
contracted marriage
in bad faith, in which case,
contracted marriage
revoke, must do so within 5
in bad faith, in
donation is revoked by
in bad faith, in which
years from finality of decree
which
case,
operation of law.
case, donation is 2. But if ground for legal
donation is revoked 2. If both spouses of
revoked by operation
separation is sexual infidelity
by operation of law.
subsequent
marriage
of law (Art. 43(3)).
(adultery or concubinage),
2. If both spouses of
acted in bad faith, 2. No conflict
donation between persons
subsequent
donations propter nuptias 3. with Art. 86(2) as
guilty thereof at time of
marriage acted in
made by one in favor of
such
does
not
donation is void (Art.
bad faith, donations
the other are revoked by
require that marriage
739[1]NCC)
propter
nuptias
operation of law (Art. 44)
be annulled first
made by one in 3. If both spouses in good
before donor may
favor of the other
faith, donor after finality of
revoke donation
are revoked by
decree
may
revoke
donor has 5 years
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Termination
(Art.41)
operation of law
Annulment
Legal Separation
(Art. 40)
(Art. 45)
(Art. 55)
pursuant to Art. 86(1)
from time he had
4. If marriage not celebrated:
knowledge of lack of
a. Those stipulated in
consent;
cannot
revoke if there was
marriage settlement
knowledge
before
are void (Art. 81)
the marriage
b. Those excluded from
marriage settlement 4. Conflict with Art.
86(3) but Art. 43(3)
or if no such contract,
prevails more in
may be revoked by
harmony
with
donor (Art. 86[]))
general
purpose/intent of act
(Ibid.)
Insurance Policy
Innocent spouse may revoke designation of spouse in bad faith as beneficiary even if Innocent spouse may revoke
stipulated as irrevocable (Art. 43(4))
donations made by him or her in
favor of offending spouse as well
as designation of latter as
beneficiary even if stipulated as
irrevocable (Art. 64). Action to
revoke donation must be brought
within 5 years from finality of
decree.
Succession
1. Spouse in bad faith disqualified to inherit from innocent spouse by testate or 1. Offending
spouse
intestate succession
disqualified from inheriting
2. If both spouses of subsequent marriage acted in bad faith, testamentary
from innocent spouse by
intestate succession
dispositions made by one in favor of the other are revoked by operation of law
2. Provisions in favor of
(Art. 44)
offending spouse made in
the will of innocent spouse
are revoked by operation of
law (Art. 63(4))

AND O BLIGATIONS
BETWEEN THE H USBAND AND
THE W IFE (LORF-JM)
1. Live together
Act of living together is a voluntary act of the spouses
which cannot be compelled by any proceeding in court.
Only the moral obligation of the spouses constitutes the
motivating factor for making them observe the said
duties and obligations which are highly personal
(Ramirez-Cuaderno v Cuaderno, 12 SCRA 505).
If the wife refuses unjustifiably to live with her husband,
the court will admonish but not order her return; and
even if an order is made, contempt proceeding against
the wife will not prosper. The only remedy here for the
husband is to refuse to grant support (Mariano B.
Arroyo v. Dolores C. Vasquez de Arroyo, 42 Phil. 54).
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RELATIONS
R IGHTS
aggrieved party may apply to the court for relief. (Art 72.)
The relief may take on many forms: filing a case for legal
separation if there are grounds for the same; filing an
action for declaration of nullity based on Art 36 if the
neglect is such that it does not create a functional marital
life; petitioning the court for receivership, for judicial
separation of property, or for authority to be the sole
administrator of community property or conjugal
partnership.(Sta Maria, Melencio Jr. S., Persons and
Family Relations Law,page 408 ex., 3-4 [2010])
EXERCISE OF PROFESSION
General Rule: Both can engage in any lawful enterprise
or profession WITHOUT the consent of the other.
Exception: The other spouse may object only on valid,
serious and moral grounds.
In case of disagreement, court shall decide whether (1)
the objection is proper; and (2) the benefit accrued to the
family prior to the objection or thereafter [Art. 73 (2)].
2. Observe mutual love, respect and fidelity

3. Render mutual help & support
4. Fix the family domicile
a. Both husband and wife shall fix the family domicile. In
case of disagreement, the court shall decide.
b. The court may exempt one spouse from living with
the other if the latter should live abroad or there are
other valid and compelling reasons for the exemption.
However, such exemption shall not apply if the same
is not compatible with the solidarity of the family (Art
69).
5. Joint responsibility for the support of the family
a. Expenses shall be paid from the community property
b. In the absence thereof, from income or fruits of their
separate properties
c. In the absence or insufficiency thereof, from their
separate properties (Art. 70)
6. Joint management of the household
Expenses for such management shall be paid in
accordance with Art. 70
Effect of neglect of duty
When one of the spouses neglects his or her duties to the
conjugal union or commits acts which tend to bring
danger, dishonor or injury to the other or to the family, the
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If a husband compels the wife to desist from pursuing a

profession or any other conduct which the wife has the
right to engage in, this can be considered acts of violence
against women under RA 9262 (Sta. Maria, M., Persons
and Family Relations, 2010, M. p. 409 )
RULE IF BUSINESS BENEFITED FAMILY
General rule:
1. Debts and obligations incurred of whatever nature and
regardless of the time they were incurred but
redounding to the benefit of the family shall be
chargeable to the ACP or the CPG.
2. An obligation incurred as a result of a spouses exercise
of a legitimate profession is an obligation redounding to
the benefit of the family shall be shouldered by the ACP
or CPG.
Exceptions:
1. Benefit accrued to family before objection to an immoral
or unlawful profession
The resulting obligation shall be enforced against the
separate property of the spouse who has not obtained
consent (Art. 73).
Example: Separate property of erring spouse shall be
liable if profession is seriously invalid and immoral, even
CIVIL LAW
if benefits actually accrued in favor of the family. For
said exception to apply, the innocent spouse must have
no knowledge of the other spouses engagement in an
immoral activity such that he could not have interposed
any objection (Sta. Maria, M., Persons and Family
Exception to exception: When spouse has knowledge
of other spouses engagement in an immoral activity, it
is as if there was actually no disagreement (Paras, p.
507; Sta. Maria, M., Persons and Family Relations,
2010, p. 411).
2. Benefit accrued after objection
After objection by the innocent spouse, any obligation
incurred by the erring spouse that redounded to the
benefit of the family shall be borne by the absolute
community of property or conjugal property.
Ratio: It would be unfair if the spouse, after obtaining
knowledge of the immoral profession, thereafter,
interposed his objection but at the same time made use
of the immoral money to benefit the family (Sta. Maria,
M., Persons and Family Relations, 2010, p. 412).
3. Creditors who acted in good faith are protected if
spouse transacted with creditor without the consent of
the other but creditor had no knowledge thereof, the
absolute community of property (ACP) or conjugal
partnership of gains (CPG) shall be liable.
P ROPERTY R ELATIONS
BETWEEN THE H USBAND AND
THE W IFE
Governed By:
1. Marriage settlements (MS) executed before the
marriage or ante nuptial agreements.
2. Provisions of the Family Code.
3. Local customs when spouses repudiate ACP.
When parties stipulate in their MS that local custom
shall apply or that ACP regime shall not govern but fail
to stipulate what property regime will be applied.
4. In the absence of local custom, rules on coownership
will apply (Art. 74).
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RELATIONS
Commencement
It commences at the precise moment of the celebration of
the marriage. Any stipulations to the contrary shall be
void. (Art. 88 for ACP and 107 for CPG)
Marriage settlement (MS)
It is a contract entered into by the future spouses fixing
the matrimonial property regime that should govern during
the existence of the marriage.
In the absence of MS or when regime agreed upon is
void, ACP shall govern. (Art. 75)
Requisites: (BW-SPF-NA)
1. Made before celebration of marriage
2. In writing (even modifications)
Oral MS is void and cannot be ratified by any claim of
partial execution or absence of objection
Exception: If marriage is terminated by death of one of
spouses and surviving spouse marries again without
initiating settlement of properties of previous marriage
within 1 year from death of deceased spouse, mandatory
regime of complete separation of property shall govern
property relations of subsequent marriage (Arts. 103 &
130)
3. Signed by the parties
4. Will not prejudice third persons unless registered in the
civil registry and proper registries of property (Sta.
Maria, M., Persons and Family Relations, 2010, p. 418420)
5. Shall fix terms and conditions of their property relations
6. Must NOT contain provisions contrary to law, good
morals, good customs, public order, and public policy, or
against the dignity of either spouse.
7. Additional signatories/ parties
Civil interdictees & disabled: It is indispensable for the
guardian appointed by court to be made a party to the
MS.
Note: It is argued by some law practitioners and authors
that while no person below 18 can enter into a valid
marriage and since the MS is required to be executed
before the marriage, one below 18 may execute a MS as
long as he or she is 18 or above at the time of marriage.
Efficacy of marriage settlement (Art. 81)
1. The consideration is the marriage itself. If the marriage
does not take place, the MS is generally void.
Exception: Stipulations in the MS that do not depend

CIVIL LAW
PERSONS & FAMILY

RELATIONS
upon the celebration of the marriage shall be valid
2. Donation in MS not more than one-fifth (1/5) of present
property (Art. 84)

2. Property relations shall be governed by Philippine laws,
regardless of the place of the celebration of the
marriage or the parties residence (Art. 80).
Exceptions:
1. If both spouses are aliens, even if married in the
Philippines
2. As to extrinsic validity of contracts affecting property:
a. Not situated in the Philippines executed in the
country where the property is located
b. Situated in a foreign country whose laws require
different formalities for extrinsic validity entered into in
the Philippines
3. Contrary stipulation
Modification in marriage settlements
Any excess shall be considered void and the donation

will be reduced to one-fifth.
However, if their property regime is ACP, no reduction
will be made.
Limitation does not apply if DPN is not included in MS
but contained in separate deed; general rules on
donation apply subject to limitation that no person may
give/receive by way of donation more than he may
give/receive by will
3. Accepted by would-be spouse
4. Complies with requisites in Title II of Book II of Civil
Code on Donations.
General Rule: Must be made before the marriage, in

writing, signed by parties
If one of the requisites is not complied with, it may still be

valid as an ordinary donation.
Exceptions: Modifications made through judicial decree

during the marriage:
1. In case of revival of former property regime between
reconciling spouses after decree of legal separation has
been issued (Art. 66, 67)
2. When abandoned spouse files petition for judicial
separation of property under Art. 128
3. When a spouse files petition for judicial separation of
property for sufficient cause under Art. 135
4. Petition for voluntary dissolution of property regime
under Art. 136
For donation of present property to be valid, the rules

governing ordinary donations under Title III of Book III of
the Civil Code must be observed.
DONATION BY REASON OF MARRIAGE

Donations propter nuptias (DPN) are made by one spouse
in favor of the other or by a stranger. It is without onerous
consideration, the marriage being merely the occasion or
motive for the donation, not its causa. Being liberalities,
they remain subject to reduction for inofficiousness upon
the donors death, should they infringe the legitime of a
forced heir (Mateo vs. Lagua, No. L-26270, October 30,
1969).
Requisites: (Art. 82) (COB)
1. In consideration of marriage
2. In favor of one or both of the future spouses
3. Made before celebration of marriage
Rules in case of donation by the would-be spouses to
each other: (MOAC)
1. There must be a valid MS stipulating a property regime
other than ACP (Art. 84).
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Please refer to Property on requisites for valid donations.

DPN of future property
DPN of future property is allowed by way of exception to
Art. 751 of NCC (which provides that donations cannot
comprehend future property). It is governed by the law on
testamentary succession both as to intrinsic and extrinsic
validity. However said DPN can only be revoked by the
donor only on the basis of Art. 86 of the FC (Art. 84 par.
2).
DPN of encumbered property
The donation is valid because the donor is still the owner,
even if it is encumbered. If mortgage is foreclosed and
sold at a lesser price, donee is not liable for deficiency but
if sold for more, donee is entitled to excess (Art. 85).
Donations propter nuptias and ordinary donations
Donations Propter
Ordinary Donations
Nuptias
Formalities
Governed by the rules on Governed by rules on
ordinary donations except donations (Arts. 725773,
that if future property is NCC)
donated, it must conform
with formalities of wills
Present Property
May be donated but only No limit except that donor
CIVIL LAW
up to 1/5 of donors shall leave property enough
present property if the for his support
spouses agree on a
regime other than absolute
community
Future property
May be included provided Cannot be included
donation is mortis causa
Grounds for revocation
Art. 86, FC
Arts. 760, 764, & 765, NCC
RULE ON DONATION BETWEEN SPOUSES DURING
MARRIAGE
General rule: VOID, either direct or indirect donation
Rationale:
1. To protect unsecured creditors from being defrauded;
2. To prevent stronger spouse from imposing upon the
weaker one the transfer of the latters property to the
former;
3. To prevent indirect modification of the marriage
settlement (Paras, p. 520).
Exceptions:
1. Moderate gifts on occasions of family celebrations
2. Donations mortis causa
Note: This rule also applies to persons living together as
husband and wife without a valid marriage (Art.87).
The prohibition does not include a spouse being the
beneficiary of an insurance contract over the life of the
other spouse. (Gercio vs. Sunlife Assurance Co. of
Canada, G.R. No. 23703, September 28, 1925)
Grounds for revocation (VoCALRI)
1. Marriage not celebrated or declared Void ab initio
except those made in MS that do not depend on
celebration of marriage
If made by a stranger, action for revocation may be
brought under ordinary rules on prescription: if in
writing, brought within 10 years and if oral, within 6
years (Albano, Ed Vincent S., Persons and Family
Relations, 2006).
2. Marriage without parental consent
3. Marriage is annulled and donee is in bad faith
4. Upon legal separation, the donee being the guilty
spouse
5. Complied with resolutory condition
6. Donee commits acts of ingratitude as specified by Art.
765 of NCC (Art. 86).
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RELATIONS
S YSTEM S OF P ROPERTY
R EGIM ES
I. ABSOLUTE COMMUNITY OF PROPERTY (ACP)
The property regime of the spouses in the absence of a
marriage settlement or when the marriage is void. This is
so because it is more in keeping with Filipino culture.
It commences at the precise moment the marriage is
celebrated; any stipulation for the commencement thereof
at any other time is void (Art. 88). The same applies to
CPG (Art. 107).
Provisions on CO-OWNERSHIP apply to ACP in all
matters not provided by the Chapter on ACP (Art. 90).
General Rule: Community property shall consist of all
property owned by the spouses at the time of the marriage
or acquired thereafter (Art. 91).
Exceptions: (BEG)
1. Property, including fruits and income thereof, acquired
before the marriage by either spouse who has
legitimate descendants by a former marriage
2. Property for personal and exclusive use except jewelry
3. Property acquired during the marriage by gratuitous
title, including fruits and income thereof, except when
the donor, testator or grantor expressly provides
otherwise (Art. 92)
Presumption: Property acquired during the marriage is
presumed to belong to the community, unless otherwise
proven (Art. 93).
Note: No waiver of rights allowed during the marriage
except in case of judicial separation of property. The
waiver must be in a public instrument and recorded in the
office of the local civil registrar where the marriage
contract was recorded as well as in the proper registry of
property (Art. 89 and 77). The same applies to CPG (Art.
107).
Rule on games of chance (Art. 95)
Loss: Shall be borne by the loser-spouse and shall not be
charged to the community property
Winnings: Shall form part of the community property (Art.
95)
Exception: If said ticket was gratuitously given by a friend
to a spouse, only upon express provision of the donor will
it be considered part of the community property.
Note: The same applies to CPG (Art. 123).

The CPG shall be governed by the rules on the

CONTRACT OF PARTNERSHIP in all that is not in
conflict with what is provided in the chapter on CPG or by
the spouses in their MS (Art. 108).
Before the presumption under Art. 116 applies (that
properties acquired during marriage are presumed
conjugal), there must be proof that the property was
acquired during the marriage. This is a condition sine qua
non for the operation in favor of conjugal ownership
(Metrobank, et al. v. Tan, GR No. 163712, November 30,
2006).
Properties under conjugal partnership (L2C2 FONTI)
1. Obtained from labor, industry, work or profession of
either or both spouses
2. Livestock existing upon dissolution of partnership in
excess of number of each kind brought to the marriage
by either spouse
3. Acquired by chance such as winnings from gambling,
but losses therefrom shall be borne exclusively by loserspouse
4. Acquired during the marriage by onerous title with
conjugal funds
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RELATIONS
II. CONJUGAL PARTNERSHIP OF GAINS (CPG)
It is that formed by a husband and wife whereby they
place in a common fund the proceeds, products, fruits and
income of their separate properties, and those acquired by
either or both spouses through their efforts or by chance,
the same to be divided between them equally (as a
general rule) upon the dissolution of the marriage or the
partnership (Art. 106).
payable in partial payments/ installments and collected

during the marriage (Art. 119).
Disposition of CPG
A wifes consent to the husbands disposition of conjugal
property does not always have to be explicit or set forth in
any particular document, so long as it is shown by the acts
of the wife that such consent was indeed given (Pelayo v.
CA, G.R. No. 141323 June 8, 2005).
The sale of conjugal property requires the consent of both
spouses; otherwise the sale shall be void, including the
portion of the conjugal property pertaining to the husband
who contracted the sale (Homeowners and Savings Loan
Bank vs. CA, GR No 153802, March 11, 2005).
Exclusive property of each spouse (OGREC) (Art. 109)
1. That which is brought to the marriage as his/her own,
whether with or without legitimate descendants
2. Acquired during the marriage by gratuitous title
Property donated/left by will to spouses, jointly with
designation of determinate shares, shall pertain to
donee-spouse as exclusive property; in the absence of
designation, property shall be divided between them but
shall belong to them exclusively (Art. 113).
If spouse does not accept his/her part of the donation,
accretion sets in favor of the other spouse who will own
all of property donated as separate property.
Accretion will not apply if donor so provides or if there is
designation of determinate properties (i.e. house, car).
Damages for physical injuries inflicted by a third person

are exclusive property (Lilius vs. Manila Railroad Co.
G.R. No. 42551 September 4, 1935)
If donation is onerous, charges shall be borne by

exclusive property of donee-spouse, whenever
advanced by the CPG.
Damages from illegal detention of exclusive property

pertains to CPG if detention deprived the CP of the use
and earnings thereof (Bismorte vs. Aldecoa, G.R. No. L5586, December 10, 1910).
Retirement benefits, pensions, annuities, gratuities,

usufructs, and similar benefits acquired by gratuitous
title are exclusive properties; if by onerous title during
marriage (i.e. contributions to pension funds or
deduction from salaries of common funds), they are CP
(Art. 115).
Note: The registration of the property in either partys

name alone is immaterial if the property was acquired
with conjugal funds (Marigsa v. Macabuntoc, G.R. No.
4883, September 27, 1910).
5. Fruits of the conjugal property during the marriage
6. Acquired through occupation such as fishing
7. Net fruits of their exclusive property
8. Share of either spouse in hidden treasure (Art. 117)
9. Interest falling due during the marriage on principal
amount of credit belonging to one spouse which is
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Unearned increment (such as increase in the value of

the paraphernal property) belongs to the spouse
concerned.
3. Acquired by right of redemption, barter or exchange
with property belonging to either spouse
CIVIL LAW
Ownership still belongs to person who has right of
redemption, even if conjugal funds are used to redeem,
subject to reimbursement
If separate property in addition to conjugal funds were
used as part of purchase price of a new property, the
new property shall be considered conjugal
4. Purchased with exclusive money of either spouse
5. Principal amount of credit belonging to one spouse
payable in partial payments/ installments, which will be
fully paid during the marriage (Art. 119).
Use of Exclusive Properties: (PISI)
1. Payment of personal debts
2. Fines and indemnities
3. Support of illegitimate children of the owner-spouse
4. In case of insufficiency of the CPG
504)
The spouses retain the ownership, possession,
administration and enjoyment of their exclusive properties
(Art. 110).
A spouse may mortgage, encumber, alienate or otherwise
dispose of his or her exclusive property, without the
consent of the other spouse, and appear alone in court to
litigate with regard to the same (Art. 111).
Transfer of administration of the exclusive property of
either spouse does not confer ownership of the same
(Rodriguez v. De la Cruz, G.R. No. L-3629, September
28, 1907).
Property bought on installment (Art. 118)
Property bought on installments paid partly from exclusive
funds of the spouses and partly from conjugal funds:
1. If full ownership was vested before the marriage it
shall belong to the buyer-spouse (ex: contract to sell,
full payment made during marriage using CP)
PERSONS & FAMILY

RELATIONS
the principal property at the time of the improvement, the

entire property shall belong to CPG subject to
reimbursement of the value of the principal property at the
time of the improvement to the owner-spouse.
Accession: if the cost of the improvement of the plus
value is equal to or less than the value of the principal
property at the time of the improvement, the entire
property remains the exclusive property of the spouse,
subject to reimbursement of the value of the cost of
improvement
The obligation to reimburse rests on the spouse upon
whom ownership of the entire property is vested. There is
no obligation on the part of the purchaser of the property
in case the property is sold by the owner-spouse (Ferrer
v. Ferrer, G.R. No. 166496, November 29, 2006).
CHARGES UPON AND OBLIGATIONS OF ACP and
CPG
ACP (Art. 94)
CPG (Art. 121)
Support of the spouses, their common children, and
legitimate children of either spouse
For illegitimate children,
For illegitimate children,
support from separate
support from separate
property of person obliged
property of person obliged
to give support. In case of
to give support. In case of
insufficiency or absence of
insufficiency or absence of separate property, CP shall
separate property, ACP
advance
support,
shall advance support,
chargeable to share of
chargeable to share of
parent upon liquidation, but
parent upon liquidation
only after obligations in Art.
121 have been covered
Debts and Obligations Contracted During Marriage
a. By the administrator spouse designated in
MS/appointed by court/one assuming sole
administration
b. By one without the consent of the other
c. By one with the consent of other
d. By both spouses
2. If full ownership was vested during the marriage it

shall belong to the conjugal partnership (ex: contract of
sale)
For (a) and (b), creditor has burden of proving benefit to

family and ACP/CPG chargeable to extent of benefit
proven, otherwise, chargeable to separate property of
obligor spouse
In both cases, there is reimbursement upon liquidation. In

(1), owner-spouse reimburses the CP. In (2), CP shall
reimburse the owner-spouse.
For (c) and (d), benefit to family presumed

All taxes, liens, charges and expenses including minor
repairs upon ACP or CP
Improvement of exclusive property

Reverse Accession: if the cost of the improvement
resulted in the increase in value of more than the value of

CPG (Art. 121)

Taxes and Expenses for
mere preservation during
marriage upon separate
Taxes and Expenses for
property of either spouse,
mere preservation during
regardless of whether used
marriage upon separate
by family because use and
property of either spouse
enjoyment of separate
used by family
property of the spouses
belong to the partnership
Expenses to enable either spouse to commence/complete
a professional, vocational or other activity for selfimprovement
Value donated/promise by both spouses in favor of
common legitimate children for exclusive purpose of
commencing or completing professional or vocational
course or other activity for self-improvement
Expenses of litigation between spouses unless suit found
to be groundless
1. Ante-Nuptial Debts
For Ante-Nuptial Debts,
Chargeable to ACP if
same as ACP but in case of
redounded to benefit of insufficiency of separate
family
property,
obligations
2. Personal debts not
enumerated in Art. 121
redounding to benefit
must first be satisfied
of family such as
before such debts may be
liabilities incurred by
chargeable to the CP
reason of crime or
quasi-delict,
chargeable to separate
property of debtor
spouse
3. In case of insufficiency
of separate property,
chargeable to ACP but
considered advances
deductible from share
of debtor-spouse upon
liquidation
Note: The separate properties shall be solidarily and
subsidiarily liable for the obligations if the community or
conjugal properties are insufficient.
Benefits that might accrue to a husband in his signing a
surety or guarantee 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 property by
allowing it to be given gratuitously similar to cases of
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RELATIONS
ACP (Art. 94)
donation of conjugal partnership property, which is

prohibited.
The conjugal partnership is NOT liable for an indemnity
agreement entered into by the husband to accommodate
a third party (Security Bank v. Mar Tierra Corp., GR No.
143382, November 29, 2006).
PROVISIONS COMMON TO ACP AND CPG
A. Administration of property (ACP: Art. 96-98/ CPG:
Art. 124-125)
General Rule: Administration shall belong to both
spouses jointly.
Exceptions:
1. In case of disagreement, husbands decision shall
prevail, subject to recourse to the court by the wife for
proper remedy within 5 years from date of contract
implementing such decision
2. In case one spouse is incapacitated or unable to
participate in the administration of the common
properties, the other spouse may assume sole powers
of administration (Art. 96).
These powers do NOT include:
a.
Disposition
b.
Encumbrance
Written consent of other spouse or authority of
the
court is required, otherwise disposition or encumbrance
is VOID.
The husband and wife are the joint administrators of their
properties forming part of the conjugal partnership and
absolute community of properties. The right vested upon
them to of the conjugal assets does not vest until the
dissolution and liquidation of the conjugal partnership. The
sale by the husband of property belonging to the conjugal
partnership or the absolute community without the
consent of the wife or authority of the court is void (Abalos
vs. Macatangay, G.R. No. 155043, September 30, 2004).
The transaction, however, shall be construed as a
continuing offer on the part of the consenting spouse and
the third person, until acceptance by the other spouse or
authorization by the court before the offer is withdrawn by
either or both offerors (ACP: Art. 96;CPG: Art. 124).
Neither spouse may donate any community property
without the consent of the other but either may, without
the others consent, make moderate donations for charity
or on occasions of family rejoicing or family distress (ACP:
Art. 98; CPG:Art. 125).
CIVIL LAW
Exception: In ACP, either spouse may dispose by will of
his or her interest in the ACP (Art. 97)
B. Remedies of present spouse in case of
abandonment by the other spouse or failure to
comply with obligations (marital, parental or
property relations)
1.
Receivership
1.
Judicial separation of property
2.
Authority to be the sole administrator of the
absolute community (ACP: Art. 101; CPG: Art. 128)
A spouse is deemed to have abandoned the other when
he or she has left the conjugal dwelling without any
intention of returning. Three (3) months disappearance or
failure to give within the same period any information as to
a spouses whereabouts prima facie raises a presumption
that the absent spouse has no intention of returning
(ACP: Art. 101 par. 3; CPG: Art. 108 par. 3).
PERSONS & FAMILY

RELATIONS
3. In the absence of sufficient community property, the

separate property of both spouses shall be solidarily
liable for the support of the family. The spouse present
shall, upon proper petition in a summary proceeding, be
given judicial authority to administer or encumber any
specific separate property of the other spouse and use
the fruits or proceeds thereof to satisfy the latter's share
(Art. 100).
D. Steps in liquidation of ACP and CPG (Art. 102 and
129)
1.
Inventory of ACP or CPG properties and
exclusive property of each spouse
Separate property included as it is solidarily liable to
creditors and will be used to pay them if ACP or CPG
is insolvent
Should also include receivables from each spouse
for:
a. Amounts advanced for personal debts of each
spouse
b. Support pendent elite of each spouse
c. For CPG, include value of improvements
constructed on separate property
C. Grounds for termination (ACP: Art. 99-101; CPG:

Art. 126-128): (LADS)
1. Decree of legal separation
2. Annulment or declaration of nullity of marriage
3. Death of either spouses
1.
Surviving spouse shall liquidate ACP within 1 year from

death of deceased spouse if no judicial settlement is
instituted, failure to do so upon lapse of 1 year period
makes any disposition or encumbrance of ACP void
Mandatory regime of complete separation of property
governs subsequent marriage of surviving spouse if
he/she fails to comply with liquidation of ACP of
previous marriage
4. Judicial separation of property
Note: Effect of separation in fact (ACP: Art. 102; CPG:
Art. 127)
General Rule: The separation in fact between husband
and wife shall not affect the regime of ACP/CPG
Payment of ACP or CPG debts

Must first pay out of the ACP or CP property, if
insufficient, spouses solidarily liable with separate
properties
For CPG, must first reimburse spouse for separate
property acquired by CP due to increased value
thereof as a result of improvements thereon
2.
Delivery to each spouse of his/her separate

property if any
3.
For CPG, unless owner indemnified from
whatever source, payment of loss or deterioration of
movables belonging to either spouse that was used
for the benefit of the family
4.
Division of net assets (for ACP) or net profits
(CPG), which are not subject to forfeiture
Use of Exclusive Properties: (PISI)
a. Payment of personal debts
b. Fines and indemnities
c. Support of illegitimate children of the owner-spouse
d. In case of insufficiency of the CPG
(Sta. Maria, M., Persons and Family Relations,
2010, p. 504)
Exceptions:
1. The spouse who leaves the conjugal home or refuses
to live therein, without just cause, shall not have the
right to be supported;
2. When the consent of one spouse to any transaction of
the other is required by law, judicial authorization shall
be obtained in a summary proceeding;
5.
Delivery of presumptive legitime, if any, to the

III. SEPARATION OF PROPERTY DURING THE

MARRIAGE
Takes place if expressly provided for in the MS or by
judicial order after the marriage (Art. 134).
It may refer to present or future property or both, total or
partial. If partial, ACP shall govern properties not agreed
upon as separate (Art. 144).
Separation of property may be effected voluntarily or for
sufficient cause, subject to judicial approval (Art. 134).
Causes of judicial separation of property: (CLAPS)
(Art. 135)
1. Petitioners spouse has been sentenced with a penalty
which carries with it civil interdiction;
2. Loss of parental authority of petitioners spouse as
decreed by the court;
3. Petitioners spouse has been judicially declared an
absentee;
4. Abandonment by the petitioners spouse or failure to
comply with the obligations to the family as provided in
Art. 101;
5. Spouse granted power of administration in marriage
settlement abused such power; and
6. At the time of the petition, spouses have been
separated in fact for at least 1 year and reconciliation is
highly improbable
Note: In the cases provided for in (1-3), presentation of
final judgment against guilty/ absentee spouse is enough
basis for grant of degree of judicial separation of property.
Effects of judicial separation of property
1. Dissolution and liquidation of ACP/CPG (Art. 137)
2. Liability of the spouses to creditors shall be solidary with
their separate properties
3. Mutual obligation to support each other continues
except when there is legal separation
4. Rights previously acquired by creditors are not
prejudiced (Art. 140)
Revival of former property regime (Art. 141)
It shall be governed by Art. 67 and may be filed in the
same proceedings where separation of property was
decreed in any of the following instances:
1. Termination of civil interdiction
2. Reappearance of absentee
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children
6.
Adjudication of conjugal dwelling and lot
3. Upon satisfaction of court that spouse granted

administration in the MS will not abuse that power and
authorizes resumption of said administration
4. Return and resumption of common life with spouse by
the other who left the conjugal home without decree of
legal separation
5. Restoration of parental authority
6. Reconciliation and resumption of common life of
spouses who had been separated in fact for at least 1
year
7. Spouses agree upon joint petition to revival of former
property regime after voluntary dissolution of ACP or
CPG has been judicially decreed
No voluntary separation of property may thereafter be
granted.
Administration of exclusive property (Art. 142)
1. The administration of all classes of exclusive property of
either spouse may be transferred by the court to the
other spouse:
a. When one spouse becomes the guardian of the other;
b. When one spouse is judicially declared an absentee;
c. When one spouse is sentenced to a penalty which
carries with it civil interdiction; or
d. When one spouse becomes a fugitive from justice or
is in hiding as an accused in a criminal case.
2. If the other spouse is not qualified by reason of
incompetence, conflict of interest, or any other just
cause, the court shall appoint a suitable person to be
the administrator (Art. 142).
IV. REGIME OF SEPARATION OF PROPERTY
1. Each spouse shall own, dispose of, possess, administer
and enjoy his or her own separate estate, without need
of the consent of the other. To each spouse shall belong
all earnings from his or her profession, business or
industry and all fruits, natural, industrial or civil, due or
received during the marriage from his or her separate
property (Art. 145).
2. The spouses contribute to the family expenses
PROPORTIONATELY with their income or in case of
insufficiency or default thereof, with the current market
value of their separate properties. However, the liability
of the spouses to the creditors for family expenses is
SOLIDARY (Art. 146).
A Compromise Agreement which was judicially approved
is exactly such a separation of property allowed under the
law. However, voluntary separation of property is subject
to the rights of all creditors of the conjugal partnership of
gains and other persons with pecuniary interest pursuant
to Article 136 of the Family Code (Virgilio Maquilan vs.
Dita Maquilan, G.R. No. 155409, June 8, 2007).
CIVIL LAW
V. PROPERTY REGIME OF UNIONS WITHOUT
MARRIAGE
Art. 147
Art. 148
Applicability
In cases of cohabitation not
The following must concur:
falling under Art. 147.
1. Parties
who
are
Parties do not have the
capacitated to marry
capacity to marry due to
each other
some legal impediments
2. Live exclusively with
(i.e.
adulterous
each other as husband
relationships and marriages
and wife
which
are
bigamous,
3. Without benefit of
incestuous, or void by
marriage or under void
reason of public policy
marriage
under Art. 38)
Salaries and Wages
Separately owned by the
parties. If any of them is
Owned in equal shares
married, his/her salary is
the property of the CPG of
the legitimate marriage
Property acquired by either exclusively by own funds
Belongs to such party
subject to proof of
Belongs to such party
acquisition by exclusive
funds
Property acquired by both through their work /
industry
Owned by them in common
Governed by rules on coin proportion to respective
ownership
contributions
Property acquired while living together
Presumed to be obtained
by their joint efforts, work,
or industry and shall be
owned by them in equal
shares. Efforts in care and
maintenance of family and
household
considered No presumption of joint
contribution in acquisition.
acquisition. When there is
evidence of joint acquisition
Note: Neither party can but none as to the extent of
encumber or dispose by actual contribution, there is
acts inter vivos of his or her a presumption of equal
share in the property sharing
acquired
during
cohabitation and owned in
common
without
the
consent of the other until
after the termination of their
cohabitation.
Forfeiture
PERSONS & FAMILY

RELATIONS
When only one of the
parties to avoid marriage is
in good faith, share of party
in bad faith in the coownership
shall
be
forfeited:
1. In favor of their common
children.
2. In case of default or
waiver by any or all
common children or their
descendants
each
vacant
share
shall
belong to respective
surviving descendants
3. In their absence, to the
innocent
party.
1. If one of parties is validly

married to another, his or
her share in the coownership shall accrue to
the ACP or CPG existing
in such valid marriage.
2. If party who acted in bad
faith is not validly married
to another, his/her share
shall be forfeited in the
same manner provided
for in Art. 147
3. The above rules apply
even if both parties are in
bad faith.
In all cases, forfeiture takes

place upon termination of
cohabitation.
Tender Loving Care Doctrine
The relationship between a man and a woman whose
marriage was subsequently declared null and void on the
ground of psychological incapacity is governed by Art.
147 of the Family Code. Under this article, there exists a
presumption that the contributions are equal. Even if one
of the parties did not contribute materially to the common
fund, but the said party took care of the household, the
other party and their common children, these acts are
considered the said partys contribution to the common
fund (Buenaventura v. Buenaventura, G.R. No. 127358 &
127449, March 31, 2005).
Note: Under Art. 148 there is no presumption of joint
acquisition. It must be stressed that actual contribution is
required by this provision, in contrast to Art. 147 which
states that efforts in the care and maintenance of the
family and household, are regarded as contributions to the
acquisition of common property by one who has no salary
or income or work or industry. Under Art. 148, if the actual
contribution of the party is not proved, there will be no coownership and no presumption of equal shares (Agapay
v. Palang, G.R. No. 116668, July 28, 1997). Hence, mere
cohabitation without proof of contribution will not result in
a co-ownership (Tumlos vs. Fernandez, G.R. NO.
137650, April 12, 2000).
HOWEVER, in the case of Abing v. Waeyan (G.R.
No.146294, July 31, 2006) the Supreme Court ruled that
any property acquired by common law spouses during the
period of cohabitation is presumed to have been obtained
through their joint efforts and owned by them in equal

T HE F AM ILY
The family is a basic social institution which public policy
cherishes and protects (Art. 149); hence, no suit between
members of the family shall prosper unless a compromise
between the parties has failed (Art. 151). Family relations
are governed by law and no custom, practice or
agreement destructive of the family shall be recognized or
given effect (Art. 149).
Family relations include:
1. Between husband and wife
2. Between parents and children
3. Among other ascendants and descendants
4. Among brothers and sisters whether full or halfblood
(Art. 150)
Mandatory Prior Recourse to Compromise
No suit between members of the same family shall
prosper UNLESS it appears from the verified complaint or
petition that earnest efforts toward a compromise have
been made, and that the same have failed. If it is shown
that no such efforts were, in fact, made, the case must be
dismissed (Art. 151).
Exceptions:
1. When a stranger is involved in the suit
Ratio: The interest of such stranger may differ from the
interest of members of the same family. (Sta. Maria, M.,
Persons and Family Relations, 2010, p. 588)
2. In cases where compromise is invalid under the Civil
Code (Art. 2035): (CV JAFF)

a. Civil status of persons
b. Validity of marriage or a legal separation
c. Jurisdiction of courts
d. Any ground for legal separation
e. Future support
f. Future legitime
The term suit provided by law clearly implies only civil
actions. (Manalo vs. CA, G.R. No. 129242, January 26,
2000) On the other hand, Art. 332 of the Revised Penal
Code provides for exemption from criminal, but not civil
liability, for the crimes of theft, swindling or malicious
mischief committed or caused by the following:
1. Spouses, ascendants and descendants, or relative by
affinity in the same line;
2. The widowed spouse with respect to the property which
belonged to the deceased spouse before the same shall
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shares in the absence of proof to the contrary. Rules on
coownership govern their property relations.
have passed into the possession of another; and

3. Brothers and sisters and brothers-in-law and sisters-inlaw, if living together.
Running of prescriptive periods
Unless otherwise provided by the Family Code and
other laws, Art. 1109 of the Civil Code provides that
prescription does not run between:
a. Husband and wife, even though there be a separation
of property agreed upon in the marriage settlements
or by judicial decree;
b. Parents and children during the latters minority or
insanity;
c. Guardian and ward during the continuance of the
guardianship. (Sta. Maria, m., persons and family
relations 2010 ed., p. 589)
FAMILY HOME
It is constituted jointly by the husband and 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 (Art. 152).
General Rule: The family home is exempt from execution,
forced sale or attachment.
Rationale: When the creditors seize the family house,
they virtually shatter the family itself.
Exceptions: (PLMN)
1. Debts incurred prior to constitution (Art. 153);
Note: Art. 153 cannot be given retroactive effect to
shield the homes of debtors from execution of judgment
arising from debts which became due and demandable
prior to the effectivity of the Family Code. To be able to
avail of the benefits of a family home in relation to debts
which matured prior to August 3, 1988, it must be
shown that the home was constituted either judicially or
extrajudicially pursuant to the old Civil Code (Sta.
Maria, M., Persons and Family Relations, 2010, p. 591).
2. Debts due to laborers, mechanics, architects, builders,
material men and others who have rendered service or
furnished materials for the construction of the building
(Art. 155);
3. Debts secured by mortgages on family home (Art. 155);
4. Nonpayment of taxes on home (Art. 155)
If ever the family home is subject of an attachment, the
beneficiaries thereof have to move for the quashal of
the writ of attachment. If no motion for the quashal of
the writ or attachment or levy is filed, the benefit of
exemption is considered waived (Honrado v. Court of
CIVIL LAW
Appeals, G.R. No. 166333, November 25, 2005).
As a rule, the family home is exempt from execution,
forced sale or attachment. However, Article 155(3) of
the Family Code explicitly allows the forced sale of a
family home for debts secured by mortgages on the
premises before or after such constitution. In this case,
there is no doubt that spouses Fortaleza voluntarily
executed on January 28, 1998 a deed of Real Estate
Mortgage over the subject property which was even
notarized by their original counsel of record. And
assuming that the property is exempt from forced sale,
spouses Fortaleza did not set up and prove to the
Sheriff such exemption from forced sale before it was
sold at the public auction (Sps. Fortaleza and Ofelia
Fortaleza v. Sps. Lapitan, G.R. No. 178288, August 15,
2012).
Outline of provisions regarding the family home:
1. It is constituted on the dwelling house of the family and
the land on which house is situated
2. Deemed constituted from time of actual occupation as a
family residence (Art. 153)
3. Continues to be such as long as any of its beneficiaries
actually resides therein (Art. 153)
4. Must be part of the properties of the absolute
community or the conjugal partnership or owned by
person constituting it (may be either or both spouses
or the single head of a family) (Art. 156)
Property that is the subject of a conditional sale on
installments where ownership is reserved by the vendor
only to guarantee payment of the purchase price may
be constituted as a family home. (Art. 156 par. 2)
5. Must be permanent (Sta. Maria, M., Persons and
6. Rule applies to valid and voidable and even to commonlaw spouses under Articles 147 and 148
7. Continues despite death of one or both spouses or
unmarried head of the family for 10 years, or as long as
a minor beneficiary lives therein. Heirs cannot partition
the same unless the court finds compelling reasons
therefor. (Art. 159).
After 10 years and a minor beneficiary still lives therein,
the family home shall be preserved only until that minor
beneficiary reaches the age of majority. The intention of
the law is to safeguard and protect the interests of the
minor beneficiary until he reaches the age of majority
(Perla G. Patricio vs. Marcelino G. Dario III, G.R. No.
170829, November 20, 2006).
The family home is shielded from immediate partition
under Article 159 regardless of its ownership. This
PERSONS & FAMILY

RELATIONS
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 the law. The rights of
the individual co-owner of the family home cannot
subjugate the rights granted under Article 159 to the
beneficiaries of the family home (Arriola v. Arriola, G.R.
No. 177703, January 28, 2008).
8. To be a beneficiary (other than the husband and the
wife or an unmarried person who is the head of the
family), three requisites must concur:
a. They must be either the parent, ascendant,
descendant, brother or sister whether legitimate or
illegitimate (Art. 154).
b. They must live in the family home
c. They are dependent for legal support upon the head
of the family.
Thus in Patricio vs. Dario III (G.R. No. 170829,
November 20, 2006) a grandson was not considered
a beneficiary of a family home owned by his
grandparent because, while the said grandchild was
living in the said family home, he was not dependent
for support on the grandparent, who was the head of
the family where the grandchild lived, but on his
father.
d. In-laws, provided the home is jointly constituted by
husband and wife. But this law definitely excludes
maids and overseers (Manacop v. CA, G.R. No.
102855 November 13, 1992).
8. Every person may constitute or be the beneficiary of
one (1) family home only. (Art. 161)
9. May be alienated, sold, donated, assigned or
encumbered by the owners provided the written consent
of the following are obtained:
a.
The person who constituted
the same,
b.
His or her spouse, and
c.
Majority of the beneficiaries of
legal age give their consent. (Art. 158)
P ATERNITY
AND
F ILIATION
Paternity and filiation

It refers to the relationship existing between parent and
child (Noe v. Velasco, 61 O.G. 411).
Paternity
It is the civil status relationship of the father to the child.

LEGITIMATE
AND
DISTINGUISHED
Legitimate
ILLEGITIMATE
Conceived or born during a

valid marriage (Art. 164)
CHILDREN
Illegitimate
Conceived and born
outside a valid marriage or
inside a void ab initio
marriage such as bigamous
and incestuous marriages
and marriage declared void
for being contrary to law
and public policy (Art. 165)
Conceived or born before

the judgment of annulment
Born after the decree of
or absolute nullity of
annulment of a voidable
marriage if the ground is
marriage
psychological incapacity
(Art. 54)
Born in a subsequent void
marriage due to failure to
comply with Art. 52 and 53
(Art. 54)
Product of artificial
insemination provided both
spouses authorized or
ratified such procedure in a
written instrument,
executed and signed
before birth of child and
recorded (Art. 164)
Conceived or born of
mothers who might have
declared against its
legitimacy or was
sentenced as an adulteress
(Art. 167)
Legitimated: conceived and
born outside of wedlock of
parents without impediment
at the time of conception
and had subsequently
married
Use of Surname
Right to bear fathers
Generally required to use
surname
mothers surname
Exception:
If childs filiation has been
expressly recognized by
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Filiation
It is the civil status or relationship of the child to the father
or mother.
The filiation of children may be by nature or by adoption.
Natural filiation may be legitimate or illegitimate (Art. 163).
Legitimate
Illegitimate
the father through the
record of birth appearing in
the civil register, or when
an admission in a public
document or private
handwritten instrument is
made by the father. (Sec.1,
RA 9255)
Parental Authority
Sole parental authority of
Joint authority of parents
mother
Support
Entitled to receive support
from any of his or her direct
ascendants and
Entitled to receive support
descendants in accordance only up t his or her
with the priority set by law
grandparents or
in Art. 195 and 199 (Sta.
grandchildren as provided
Maria, M., Persons and
for in Art. 195(2) and (3)
Family Relations, 2010, p.
650).
2010, p. 650).
Preferential right to support
over mother if father has no No such preference
sufficient means to meet
both claims
Successional Right
Entitled to of legitimate
Entitled to inheritance
childs inheritance
Beneficiary Right Under the SSS (RA 8282) and GSIS
(RA 8291)
Primary beneficiary
Not primary beneficiaries
Paternity Leave under RA 8187 (Paternity Leave Act of
1996)
Father is entitled to
No such benefit
paternity leave of 7 days
with full pay
RULE ON CHILDREN CONCEIVED AS A RESULT OF
ARTIFICIAL INSEMINATION
The status of the child is legitimate if all the requirements
under Art. 164 are complied with namely:
1. Both spouses authorize or ratify such insemination
2. The authorization or ratification is in a written instrument
signed by them before the birth of the child
3. The instrument is recorded in the civil registry together
with the birth certificate of the child.
Note: Even if the above requirements are not complied
with and the husband does not impugn the legitimacy of
the child on grounds provided by Art. 166 within the
prescriptive period, the child shall still be considered
legitimate because the child has been conceived or born
CIVIL LAW
during the valid marriage of the parents pursuant to Article
164 par. 1.
RULES ON IMPUGNING LEGITIMACY (Art. 166 and
167)
Necessarily applies only to a situation where the child has
been delivered by a woman who is the childs natural
mother (Sta. Maria, M., Persons and Family Relations,
2010, p. 609).
In the event that any of the grounds enumerated in Art.
166 is proven, the child will neither be legitimate nor
illegitimate in so far as the husband is concerned. Simply,
the husband and the child will not be related to each other
in any manner considering that the husband did not
participate in any way as to the childs precreation. In so
far as the mother is concerned, the child will be
considered illegitimate (Sta. Maria, M., Persons and
PERSONS & FAMILY

RELATIONS
with tuberculosis was not sufficient to overcome the

presumption of legitimacy. Impossibility of access by
husband to wife would include absence during the
initial period of conception; impotence which is
patent, continuing and incurable; and imprisonment,
unless it can be shown that cohabitation took place
through corrupt violation of prison regulations.
2. Biological or scientific proof that the child could not
have been that of the husband;
Note: Racial dissimilarity may be a considered sufficient
scientific proof (Watkins vs. Carlton, 37 VA [10 Leigh]
586 as cited Sta. Maria, p. 617).
For sterility to constitute proof of non-paternity, the
husband must be shown to be completely sterile at the
time when the child was conceived (Sta. Maria, M.,
Persons and Family Relations, 2010, p. 618).
3. Vitiated consent in artificial insemination
Grounds for impugning legitimacy: (PBC)

1. Physical impossibility of the husband to have sexual
intercourse with his wife within the first 120 days of the
300 days immediately preceding the childs birth, due
to:
a. Physical incapacity of the husband;
Note: Must be proved by convincing and persuasive
evidence hence, the fact that a husband, who was
never separated from his wife, has been absolutely
stiff in th hips at the time of the conception of the child
has been held as not conclusive enough to overturn
the presumption of legitimacy. (State vs. Reed, 107
W Va. 563, as cited Sta. Maria, p. 616)
b. Husband and the wife were living separately;
Note: Mere remoteness of the wife from the husband
is not sufficient to disavow paternity. Hence, the bare
testimony by the husband that he and his wife were
living thirty miles away from each other at the time of
the conception of the child is not enough to show the
illegitimacy of the child without any showing that the
sexual intercourse with the wife was not possible
(Skott vs. State, 46 ALR 3d 180 as cited Sta. Maria,
p.616).
c. Serious illness of the husband which absolutely
prevented sexual intercourse
Note: Must be such as to absolutely prevent him from
engaging in sexual intercourse. Hence in Andal v.
Macaraig (G.R. No. L-2474, May 30, 1951), the Court
ruled that the fact that the husband was seriously sick
Note: The mistake, fraud, violence, intimidation or

undue influence can be exerted by not only the spouses
against each other but also by third persons on both of
the spouses or on any one of them. In any case, only
the husband can impugn the legitimacy of the child, or
the heirs in special cases provided in Art. 171.
Prescriptive periods to file action to impugn
legitimacy:
1. One year, from knowledge of birth or recording in the
civil register, if husband or heirs live in the SAME
city/municipality where the birth took place or was
recorded.
2. Two years, if both reside in the Philippines.
3. Three years, if the childs birth took place or was
recorded in the Philippines while the husband has his
residence abroad, or vice versa (Art. 170).
Note: The question of legitimacy cannot be collaterally
attacked. It can be impugned only in a direct action.
(Liyao Jr. vs. Liyao, G.R. No. 138961, March 7, 2002)
Parties who can impugn legitimacy of a child:
General Rule: Only the husband may impugn.
Exception: The heirs may impugn within the same period
in the following cases:
1 If the husband dies 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; or

An assertion by the mother against the legitimacy of her

child cannot affect the legitimacy of the child born or
conceived within a valid marriage. A mother has no right
to disavow a child because maternity is never uncertain
(Concepcion v. CA, GR No 123450, August 31, 2005).
The death of the putative father does not ipso facto
negate the application of DNA testing for as long as
appropriate biological samples of his DNA exist. In such a
case the petitioner must show the impossibility of
obtaining an appropriate biological sample that can be
utilized for the conduct of DNA testing (Estate of Rogelio
Ong v. Diaz, G.R. No. 171713, December 17, 2007).
STATUS OF CHILDREN BORN WITHIN 300 DAYS
FROM THE TERMINATION OF A FIRST MARRIAGE
AND THE CELEBRATION OF A SUBSEQUENT
MARRIAGE (Art. 168 and 169)
Requisites: (TSWBN)
1. First marriage terminated
2. Mother contracted subsequent marriage
3. Subsequent marriage was contracted within 300 days
after termination of previous marriage
4. Child was born within 300-day period
5. No evidence as to status of child
Rules on presumption of filiation in case of two
marriages:
1. To first marriage, if child was born before the lapse of
180 days after celebration of 2nd marriage, provided it
was born within 300 days after termination of the 1st
marriage.
2. To second marriage, if child was born after 180 days
following celebration of 2nd marriage, whether born
within 300 days after termination of 1st marriage or
afterwards (Art. 168).
Illustration:
Termination of first marriage: October 1, 2011
Celebration of second marriage: January 1, 2012
300th day from termination of first marriage: July 26, 2012
180th day from celebration of second marriage: June 28,
2012
Hence:
Child born on or before June 28, 2012 is presumed to be
filiated to the first husband.
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3 If the child was born after the husbands death (Art.
171).
Child born at any time after June 28, 2012 (even if before
July 26, 2012) is presumed to be filiated with the second
husband.
Note: The legitimacy or illegitimacy of a child born after
three hundred days following the termination of the
marriage shall be proved by whoever alleges such
illegitimacy or illegitimacy (Art. 169).
Note: Art. 169 negates any presumption of filiation for a
child born after 300 days from the termination of a
marriage, in the absence of a subsequent marriage (Sta.
PROOF OF FILIATION
General Rule: Filiation of legitimate (or illegitimate)
children is established by any of the following: (RA)
1. The record of birth appearing in the civil registry or a
final judgment
2. An admission of legitimate (or illegitimate) filiation in a
public document or a private handwritten instrument
and signed by the parent concerned.
Exceptions: In the absence of any of the foregoing
evidence, such legitimate or illegitimate filiation shall be
proved by: (OA)
1. Open and continuous possession of the status of a
legitimate or illegitimate child;
2. Any other means allowed by the Rules of Court and
special laws (Art. 172).
a. An act or declaration concerning pedigree (Sec. 33,
Rule 130, Rules of Court)
b. Family reputation or tradition concerning pedigree
(Sec. 34, Rule 130, Rules of Court)
c. Common reputation respecting pedigree (Sec. 35,
Rule 130, Rules of Court)
d. Judicial admission (Sec. 2, Rule 129, Rules of Court)
e. Admission of a party (Sec. 22, Rule 130, Rules of
Court)
f. Admission by silence (Sec. 23, Rule 130, Rules of
Court)
Baptismal certificate, judicial admission, family bible,
evidence of pedigree, admission by silence,
testimonies of witnesses and other pieces of
evidence under Rule 130, Rules of Court may be
proofs of filiation (Cruz vs. Cristobal, G.R. No.
148247,August 7, 2006).
In Dela Cruz vs. Garcia (G.R. No. 177728, July 31,
2009), a handwritten autobiography of the father was
recognized as evidence of filiation although not
signed. The Court ruled that where the private
CIVIL LAW
handwritten instrument is accompanied by other
relevant and competent evidence, it suffices that the
claim of filiation therein be shown to have been made
and handwritten by the acknowledging parent as it is
merely corroborative of such other evidence.
Action to Claim Legitimacy (Art. 173)
Who may claim:
1. Child exclusive and personal right of child which may
be brought anytime during his lifetime, regardless of the
proof presented to support his claim
2. Transmitted to heirs of the child within a period of 5
years in case
a. Child dies during minority
b. Child dies in a state of insanity
c. Child dies after action has already been instituted
Action to Claim Illegitimacy
Illegitimate children may establish their illegitimate filiation
in the same way and on the same evidence as legitimate
children (Art. 175).
1. If illegitimate filiation is established by a record of birth
in the civil register or a final judgment, or an admission
of filiation in a public document or a private handwritten
instrument signed by the parent concerned, the action
for recognition may be brought by the child during his
lifetime (Guy, vs. CA, G.R. No. 163707, September 15,
2006).
2. If the action is based upon open and continuous
possession of the status of an illegitimate child, or any
other means allowed by the rules or special laws, it may
be only brought during the lifetime of the alleged parent
(Guy vs. CA, ibid).
3. Unlike an action for legitimacy, the right to claim for
status is NOT transmissible to the heirs.
Continuous does not mean that the concession of
status shall continue forever but only that it shall not be
of an intermittent character while it is continuous. The
possession of such status means that, the father has
treated the child as his own, directly and not through
others, spontaneously, and without concealment,
though without publicity. There must be a showing of
permanent intention of the supposed father to consider
the child as his own by continuous and clear
manifestation of paternal affection and care (Mendoza
vs. CA, G.R. No. 86302 September 24, 1991).
The paternal affection and care must not be attributed
to pure charity. Such acts must be of such a nature that
they reveal not only the conviction of paternity, but also
PERSONS & FAMILY

RELATIONS
the apparent desire to have and treat the child as such

in all relations in society and in life, not accidentally, but
continuously (Jison vs. CA, GR. No. 8454, April 13,
1956).
If the unsigned record of birth can be a proof of filiation
of the child, it would be easy for a woman to vest
legitimate status to an illegitimate child. Hence, an
unsigned record of birth cannot be used as proof of
filiation (Reyes v. Court of Appeals, GR. 39537, March
19, 1985).
RIGHTS OF CHILDREN
Legitimate
Use of father & mothers
surname
Illegitimate
Use of mothers surname
Note: However, R.A.
9255 amended Art. 176,
FC
Receive support from

ascendants
or
descendants of the same
line.
Receive support only up

to grandparent and
grandchildren
Entitled to the legitime in

succession
Legitime is of the
legitime of a legitimate
child
Right to inherit ab
intestato from legitimate
children and relatives of
his father and mother
No right to inherit as
such
R.A. No. 9255

An Act Allowing Illegitimate Children to use the surname of
their Father, amending for the purpose Article 176 of EO
No. 209, otherwise known as the "FAMILY CODE OF THE
PHILIPPINES" (approved February 24, 2004).
Illegitimate children may use the surname of their
father if:
1. Their filiation has been expressly recognized by the
father through the record of birth appearing in the civil
register, or
2. When an admission in a public document or private
handwritten instrument is made by the father; Provided,
that the father has the right to institute an action before
the regular courts to prove non-filiation during his
lifetime.
LEGITIMATED CHILDREN
Legitimation

Requisites: (NIM)
1. The child is illegitimate.
2. The parents at the time of the childs conception are not
disqualified by any impediment from marrying each
other or were so disqualified only because either or both
of them were below eighteen (18) years of age (Art.
177, as amended by R.A. 9858).
3. There is a valid marriage subsequent to the childs birth
(Art. 178).
Note: Children born out of wedlock to parents who were
not allowed by law to marry for being minors are now
qualified for legitimation. This has been made possible by
RA 9858, approved on December 20, 2009 and has
amended Article 177 of the Family Code of the
Philippines. Before RA 9858, Article 177 stated that only
children born out of wedlock to parents who were not
disqualified from getting married at the time of conception
could be legitimized.Under the present law, legitimation
would automatically take place upon marriage of the
parents. Moreover, couples who had children when they
were below the marrying age would not need to go
through the process of having to adopt their own offspring
just so their kids could enjoy the rights of legitimate
children.
Notes: Laws providing for the process of legitimation are
remedial in character intended for the benefit and
protection of the innocent offspring and, therefore, may be
applied retrospectively (Lunds Estate, 162 ALR 606) and
must be liberally construed (Cardenas vs. Cardenas, 12
Ill. App 2d 497, 63 Alr2rd 1001 as cited in Sta. Maria, p.
659).
Effects of legitimation:
1. Legitimated children shall enjoy the same rights as
legitimate children (Art. 179)
Note: Legitimation creates for the legitimated child the
total and full extent of the blood-relationship existing
within the family to include all descendants, ascendants
and collateral relative, unlike in adoption where only a
parent-child relationship is created. (Sta. Maria, M.,
Persons and Family Relations, 2010, p. 661)
2. The effects of legitimation shall retroact to the time of
the childs birth (Art. 180)
3. The legitimation of children who died before the
celebration of the marriage shall benefit their
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It is a remedy by means of which those who in fact were
conceived and born outside of wedlock and should
therefore be considered illegitimate are by legal fiction
considered legitimate. It shall take place only by the
subsequent valid marriage between the biological parents.
ascendants (Art. 181)

4. Legitimation may be impugned only by those who are
prejudiced in their rights.
Generally refers to those who would suffer economic or
material injury by legitimation such as testamentary or
intestate heirs (Sta. Maria, M., Persons and Family
Legitimation may be impugned within 5 years from the
time their cause of action accrues, that is, from the
death of the putative parent.
Legitimation may be impugned on grounds like:
a.
The subsequent marriage of the childs parents is
void;
b.
The child allegedly legitimated is not natural; or
c.
The child is not really the child of the alleged
parents.
A DOPTION
The process of making a child, whether related or not to
the adopter, possess in general, rights accorded to a
legitimate child (Paras, E. Civil Code of the Philippines
Annotated, 2002 ed., p. 685).
Adoption statutes, being humane and salutary, hold the
interest and welfare of the child to be of paramount
consideration and are designed to provide homes,
parental care and education for unfortunate, needy or
orphaned children and give them the protection of society
and family in the person of the adopter as well as to allow
childless couples to experience the joys of parenthood
and give them legally a child in the person of the adopted
for the manifestation of their natural parental instincts.
Every reasonable intendment should be sustained to
promote and fulfill these noble and compassionate
objectives of the law (In re: Petition for adoption of
Michelle P. Lim, G.R. No. 168992-93 May 21, 2009).
Nature of adoption proceedings
1. Adoption is a juridical act. Only an adoption made
through the court, or in pursuance with the procedure
laid down under Rule 99 of the Rules of Court is valid in
this jurisdiction. It is not of natural law at all, but is
wholly and entirely artificial. To establish the relation,
the statutory requirements must be strictly carried out,
otherwise, the adoption is an absolute nullity (Lazatin
vs. Hon. Judge Campos, G.R. No. L-42955-56 July 30,
1979).
2. Adoption proceedings are IN REM and publication
serves as constructive notice to the whole world
(Santos vs. Aranzanso, L-23828, February 28, 1966).
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diplomatic or consular office but certification may be

waived in the same instances for waiver of residency
requirement in (c)
DOMESTIC ADOPTION ACT OF 1998 (R.A. No. 8552)
Preadoption services (Sec. 4-6)
The DSWD shall provide for the following services:
1. Counseling services for
a. biological parents [Sec. 4(a)],
Note: No binding commitment for and adoption plan
shall be permitted before the birth of his or her child.
A period of 6 months shall be allowed for the biological
parent(s) so reconsider any decision to relinquish
his/her child for adoption before the decision becomes
irrevocable.
b. prospective adoptive parents [Sec. 4 (b)] and
c. prospective adoptee [Sec. 4(c)]
2. Exhaust all efforts to locate the unknown biological
parents
Note: If efforts fail, child shall be listed as a foundling
and shall be judicially declared as abandoned [Sec. 5]
Who may adopt: (LPG-CONE)
1. Filipino citizen [Sec. 7 (a)]:
a. Of legal age
b. In a position to support and care for his/her children
in keeping with the means of the family
c. Good moral character
d. In possession of full civil capacity or legal rights
e. At least 16 years older than the adoptee, except
when:
i. Adopter is the biological parent of the adoptee
ii. Adopter is the spouse of the adoptees parent
f. Has not been convicted of any crime involving moral
turpitude
g. Emotionally and psychologically capable of caring for
children
2. Alien (S-DELL)
a. Same qualifications as a Filipino
b. Country has diplomatic relations with the Philippines.
c. Certified by said office that his government allows the
adoptee to enter his country as his adopted child
d. Has been living in the Philippines for at least three (3)
continuous years prior to the application for adoption
and maintains such residence until the adoption
decree is entered,
e. Certified to have legal capacity to adopt by his/her
Note: Requirements listed under (c), (d) and (e) may be

waived if the alien is:
i.
A former Filipino citizen seeks to adopt a
relative within the 4th degree of consanguinity or
affinity
ii.
One who seeks to adopt the legitimate
son/daughter of his/her Filipino spouse
iii.
One who 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
If a Filipino adopts an alien, the adopted alien does not
acquire Philippine citizenship because such acquisition of
citizenship acquires the character of naturalization which
is regulated, not by the Civil Code or the Family Code, but
by special law (Ching Leng vs. Galang, G.R. No. L-11931,
October 27, 1958).
3. Guardian (TC) [Sec. 7(c)]
a. After termination of the guardianship, with respect to
the ward, and
b. Clearance of his/her financial accountabilities
Rule on adoption by spouses
General rule: The husband and the wife shall JOINTLY
adopt.
Exceptions: (LIS)
1. One spouse seeks to adopt the legitimate child of the
other spouse
2. One spouse seeks to adopt his/her own illegitimate
child with the consent of the other spouse
3. The spouses are legally separated
Other factors to be considered in evaluating prospective
parents:
1. Total personality of the applicants
2. Emotional maturity
3. Quality of marital relationship
4. Feeling about children
5. Feeling about childlessness and readiness to adopt
6. Motivation (Sta. Maria, M., Persons and Family
Who may be adopted: (Sec. 8) (DARILL)
1. Child whose biological or adoptive parents have died,
provided that no proceedings shall be initiated within 6
months from the time of death of said parents
2. Any person below 18 years of age who has been

Note: An alleged capability to support an adoptee through

the help of other persons is not enough to support a
petition for adoption. According to the SC, adoption is
personal between the adopter and adoptee; the adopter
should be in a position to support the would-be adopted
child in keeping with the means of the family (Landingin v.
Republic, GR No 164948, June 27, 2006).
Sec.9 of R.A. 8552 provides that if the written consent of
the biological parents cannot be obtained, the consent of
the legal guardian must be sought. To dispense with the
requirement of written consent, the abandonment must be
shown to have existed at the time of adoption and evinces
a settled purpose to forego all parental duties. The written
consent of the biological parents is indispensable for the
validity of a decree of adoption. The natural right of parent
to child requires that consent be obtained before parental
rights and duties may be terminated and re-established in
adoptive parents. (Landingin vs. Republic,ibid).
Effectivity of decree of adoption (Sec. 13)
A decree of adoption shall be effective as of the date the
original petition was filed. This applies also in case
petitioner dies before the issuance of the adoption decree,
to protect the interest of the adoptee.
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voluntarily committed to the DSWD under P.D. 603 or
judicially declared available for adoption
3. Child whose adoption has been previously rescinded
4. Illegitimate child of a qualified adopter to improve the
childs status
5. Legitimate child of the other spouse
6. A person of legal age, who, prior to the adoption, has
been consistently considered by the adopter as his/her
own child since minority
Consent in adoption (Sec. 9) (A-BALIS)
The written consent of the following is required:
1. The adoptee, if he is 10 years of age or older;
2. Known biological parents or legal guardians or proper
government instrumentality which has legal custody of
the child;
3. Legitimate/adopted children, 10 years old or over, of the
adopter and adoptee;
4. The illegitimate children, 10 years old or over, of the
adopter if living with the adopter and the latter's spouse;
5. Spouse of the adopter and adoptee
In Tamargo vs. CA (209 SCRA 518, G.R. No. 85044 June

3, 1992), where the petition for adoption was granted after
the child had shot and killed a girl, the SC did not consider
the retroactive effect of the decree of adoption so as to
impose a liability upon the adopting parents accruing at
the time when they had no actual or physical custody over
the adopted child. It held that retroactive effect may be
given where such is essential to permit the accrual of
some benefit or advantage in favor of the adopted child.
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 neither have
foreseen nor prevented would be unfair and
unconscionable.
Middle name of adopted child
The illegitimate child subsequently adopted by his/her
natural father is permitted to use as her middle name the
surname of her natural mother for the following reasons:
1. It is necessary to preserve and maintain the childs
filiation with her natural mother because under Art. 189
of the Family Code, she remains to be an intestate heir
of the latter. To prevent any confusion and needless
hardship in the future, her relationship or proof of that
relationship with her natural mother should be
maintained;
2. There is no law expressly prohibiting the adopted to use
the surname of her natural mother as her middle name.
What the law does not prohibit, it allows; and
3. It is customary for every Filipino to have a middle name,
which is ordinarily the surname of the mother (In the
Matter of the Adoption of Stephanie Nathy Astorga
Garcia, G.R. No. 148311, March 31, 2005).
Effects of Adoption: (SAL)
1. Severance of legal ties between the biological parents
and the adoptee, which shall be vested in the adopters.
Exception: if the biological parent is the spouse of the
adopter (Sec. 16).
2. Adoptee shall be considered as a legitimate child of the
adopter(s) for all intents and purposes (Sec. 17).
3. In legal or intestate succession, the adoptee and the
adopter(s) shall have reciprocal rights of succession
without distinction from legitimate filiation. However, if
there is a will, the rules on testamentary succession
shall be followed (Sec. 18).
Note: Once an adoption decree is issued, it cannot be
attacked collaterally as in their action for partition, but in a
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direct proceeding frontally addressing the issue (Sayson
vs. CA, G.R. Nos. 89224-25 January 23, 1992).
Rescission of adoption (Sec. 19) - by ADOPTEE ONLY
Grounds: (ASAR)
1. Attempt on the life of the adoptee
2. Sexual assault or violence
3. Abandonment and failure to comply with parental
obligations
4. Repeated physical or verbal maltreatment by the
adopter despite having undergone counseling
Note: Adoption shall not be subject to rescission by the
adopters. However, the adopters may disinherit the
adoptee for causes provided under Art 919 of the Civil
Code (Sec. 19).
An adoptee refused to use the surname of the adopter
though already adopted. The adopter sought to
rescind/revoke the Decree of Adoption (DOA), but the
Domestic Adoption Act (R.A. 8552) which removes the
right of adopter to challenge the validity of the DOA
became effective. SC held that the adopter may disinherit
the adoptee, and that the latter has the sole right to
challenge the DOA (Lahom v. Sibulo, G.R. No 143989,
July 14, 2003).
Disinheritance of adoptee by adopter
Grounds: (Art. 919, NCC) (GAMM-CARD)
1. Groundless accusation against the testator of a crime
punishable by six (6) years or more imprisonment
2. Found guilty of an attempt against the life of the
testator, his/her spouse, descendants or ascendants
3. Causes the testator to make or changes a testators will
through violence, intimidation, fraud or undue influence
4. Maltreatment of the testator by word or deed
5. Conviction of a crime which carries the penalty of civil
interdiction
6. Adultery or concubinage with testators spouse
7. Refusal without justifiable cause to support the parent
or ascendant
8. Leads a dishonorable or disgraceful life.
Effects of rescission: (Sec. 20) (PRAS)
1. Parental authority of adoptees biological parents or
legal custody of DSWD shall be restored if adoptee is
still a minor or incapacitated.
2. Reciprocal rights and obligations of the adopter(s) and
the adoptee to each other shall be extinguished.
3. Amended certificate of birth of the adoptee shall be
cancelled and its original shall be restored.
4. Succession rights shall revert to their status prior to the
adoption, but vested rights shall be respected.
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Being a legitimate child by virtue of adoption, it follows

that the child is entitled to all the rights provided by law to
a legitimate child. The adopted child remains an intestate
heir of his/her biological parents. Hence, she can well
assert her hereditary rights from her natural mother in the
future (In the matter of adoption of Stephanie Nathy
Astorga Garcia, GR No 148311 March 31, 2005).
Simulation of Birth
Is the tampering of the civil registry making it appear in the
birth records that a certain child was born to a person who
is not his/her biological mother, causing such child to lose
his/her true identity and status [R.A.8552 Art. 1 Sec. 3
(J)].
Punished by prision mayor in its medium and a fine not
exceeding P50, 000 under Sec. 21 (b) of the same law.
A crime defined and punished by Sec. 21 (b) of RA 8552
committed by any person who shall cause the fictitious
registration of the birth of a child under the names of
persons who are not his/her biological parents.
INTER-COUNTRY ADOPTION ACT OF 1995 (R.A. 8043)
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 [Sec. 3 (a)].
Who may be adopted (Sec. 8)
Only a legally-free child may be the subject of intercountry adoption
Legally-free Child
A child who has been voluntarily or involuntarily committed
to the DSWD of the Philippines, in accordance with the
Child Youth and Welfare Code [Sec. 3 (f)]
No child shall be matched to a foreign adoptive family
unless it is satisfactorily shown that the child cannot be
adopted locally (Sec. 11).
There shall be no physical transfer of a voluntarily
committed child earlier than six (6) months from the date
of execution of Deed of Voluntary Commitment except:
1. Adoption by a relative
2. Children with special medical conditions
Who may adopt (Sec. 9)
1. Any alien or
2. Filipino citizen, both permanently residing abroad
Conditions: (JAC-NERD--PQ)

Filing of application (Sec.10): Either with the Philippine

RTC having jurisdiction over the child OR with the InterCountry Adoption Board, through an intermediate agency
Inter-Country Adoption Board (Sec. 4)
It acts as the central authority in matters relating to intercountry adoption.
The Board shall ensure that all possibilities for the
adoption of the child under the Family Code have been
exhausted and that intercountry adoption is in the best
interest of the child.
Supervision of trial custody (Sec. 14)
Mandatory period of 6 months from the time of placement
before a decree of adoption may be issued. During this
period, the adopting parents shall submit a progress
report of the childs adjustment which shall be taken into
consideration in issuing the decree of adoption.
1. Starts upon actual physical transfer of the child to the
applicant who, as actual custodian, shall exercise
substitute parental authority over the person of the child
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1. If married, his/her spouse must jointly file for the
adoption
2. At least 27 years of age and at least 16 years older than
the child to be adopted, at the time of the application
unless the adopter is:
a. Parent by nature of the child to be adopted or
b. Spouse of such parent
3. Capacity to act and assume all rights and
responsibilities of parental authority under his/her
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. Eligible to adopt under his/her national law
6. Agrees to uphold the basic rights of the child as
embodied under Philippine laws, the U.N. Convention
on the Rights of a Child, and to abide by the rules and
regulations issued to implement the InterCountry
Adoption Act
7. 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
8. In a position to provide the proper care and support and
to give the necessary moral values and examples to all
his children, including the child to be adopted
9. Possesses all the qualifications and none of the
disqualifications under the InterCountry Adoption Act
and other applicable Philippine laws
(Sec. 44, Implementing Rules of RA 8043)

2. The adopting parent(s) shall submit to the governmental
agency or authorized and accredited agency, which
shall in turn transmit a copy to the Board, a progress
report of the childs adjustment.
Disruption and termination of placement: (Sec. 47,
Implementing Rules of RA 8043)
In the event of serious damage in the relationship
between the child and applicant; or when the continued
placement is no longer in the best interests of the child:
a. The Board through the Central Authority shall take
necessary measures to protect the child, in particular
cause the child to be withdrawn from the applicant
and arrange for his temporary care
b. The Central Authority shall exhaust all means to
remove cause of unsatisfactory relationship
c. The Central Authority shall submit at complete report
to the Board as to the actions taken as well as
recommendations.
d. Based on the report submitted by the Central
Authority, the Board may terminate the pre-adoptive
relationship.
Note: If the pre-adoptive relationship is found
unsatisfactory by the child or the applicant or both, or if
the foreign adoption agency finds that the continued
placement of the child is not in the childs best interest,
said relationship shall be suspended by the Board and the
foreign adoption agency shall arrange for the childs
temporary care.
If a satisfactory pre-adoptive relationship is formed
between the applicant and the child, the Board shall
submit the written consent to the adoption to the foreign
adoption agency within 30 days after receipt of the latters
request.
A copy of the final decree of adoption of the child,
including certificate of citizenship/naturalization whenever
applicable, shall be transmitted by the foreign adoption
agency to the Board within 1 month after its issuance
(Sec. 53, Implementing Rules of RA 8043)
Presumption of illegal adoption: (Sec. 57,
Implementing Rules of RA 8043) (CPEN)
1. Consent for adoption was acquired through or attended
by coercion, fraud, improper material inducement
2. Procedures and safeguards provided by law for
adoption were not complied with
3. Has exposed or subjected the child to be adopted to
danger, abuse or exploitation
4. No authority to effect adoption from the Board
CIVIL LAW
S UPPORT
Support
It comprises everything indispensable for sustenance,
dwelling, clothing, medical attendance, education and
transportation in keeping with the financial capacity of the
family (Art. 194).
Kinds: (LJC)
1. Legal one required or given by law;
2. Judicial required by the court to be given whether
pendente lite or in a final judgment;
3. Conventional given by agreement.
Characteristics: (MR P2INE)
1. Mandatory
2. Reciprocal on the part of those who are by law bound to
support each other
3. Personal
4. Provisional character of support judgment
5. Intransmissible
6. Not subject to waiver or compensation
7. Exempt from attachment or execution
(A. Tolentino, Commentaries and Jurisprudence on the
Civil Code of the Philippines, Vol. I, 1990 ed. p. 575)
Persons obliged to support each other: (Art. 195)
1. Spouses
2. Legitimate ascendants and descendants
3. Parents and their legitimate children, and the legitimate
and illegitimate children of the latter
4. Parents and their illegitimate children, and the legitimate
and illegitimate children of the latter
5. Legitimate brothers and sisters whether full or halfblood provided:
Brothers and sisters NOT legitimately related whether
full or half-blood are likewise entitled to support to the
full extent under Art. 194 except when the need for
support of the brother or sister, being of age, is due to a
cause imputable to claimants fault or negligence (Art.
196)
Note: Art. 197 providing for the source from where the
support should be taken out highlights the fact that the
people enumerated in Art. 195 have a personal obligation
to support each other (Sta. Maria, M., Persons and Family
For support of legitimate ascendants, descendants
(legitimate/illegitimate),
brothers
and
sisters
(legitimate/illegitimate), only separate property of person
obliged to give support shall be answerable. In the
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absence of separate property, the CPG or ACP shall

advance support deductible from share of spouse obliged
upon liquidation (Art. 197).
In case of legitimate descendants which are the common
children of the spouse or the legitimate children of either
spouse. In which case, the ACP or CPG shall be
principally charged for their support as mandated by law in
Art. 94(1) and Art. 121(1). This is different from personal
support owing to them from the father or mother as
provided in Art. 194 and 197.
Order of liability if several persons obliged to give
support: (Art. 199) (SDAB)
1. Spouse
2. Descendants in the nearest degree
3. Ascendants in the nearest degree
4. Brothers and sisters
If the obligation to give support falls upon two or more
persons, payment shall be divided between them in
proportion to their resources. In case of urgent need and
special circumstances, the court may order only one of
them to furnish support provisionally subject to the right to
claim from the others the share due them (Art. 200).
When two or more recipients at the same time claim for
support and the person legally obliged to give does not
have sufficient means to satisfy all claims:
1. The order of liability provided by law shall be followed.
2. If the concurrent obligees should be the spouse and a
child subject to parental authority, the child shall be
preferred. (Art. 200)
In Mangonon vs. CA (G.R. No. 125041, June 30, 2006),
the Supreme Court ordered the grandfather, who was
proven to be well-off to support his grandchildren on the
basis of Art. 199, considering that their parents were not
capable of supporting the children.
If the obligation to give support falls upon two or more
persons, the payment shall be divided between them in
proportion to their resources. [Art. 200 (1st par)]
In case of or urgent need and special circumstances, the
court may order only one of them to furnish support
provisionally subject to the right to claim from the others
the share due them (Art. 200 [2nd par]).
When two or more recipients at the same time claim for
support and the person legally obliged to give does not
have sufficient means to satisfy all claims:
1. The order of liability provided by law shall be followed.

Obligation to give support arising from:

Spousal and general
Parental authority
familial ties
(Title IX)
(Title VIII)
Ends
upon
the Ideally lasts during the
emancipation of the child
obligees lifetime
Pertains
to
parents, Passes
on
to
the
passing to ascendants only ascendants not only upon
upon its termination or default of the parents but
suspension
also for the latters inability
to provide sufficient support
(Lim vs. Lim, G.R. No. 163209, Oct. 30 2009)
The governing text are the relevant provisions in Title VIII
of the Civil Code, as amended, on Support, not the
provisions in Title IX on Parental Authority. While both
areas share a common ground in that parental authority
encompasses the obligation to provide legal support, they
differ in other concerns including the duration of the
obligation and its concurrence among relatives of differing
degrees. Thus, although the obligation to provide support
arising from parental authority ends upon the
emancipation of the child, the same obligation arising from
spousal and general familial ties ideally lasts during the
obligees lifetime.. Also, while parental authority under Title
IX (and the correlative parental rights) pertains to parents,
passing to ascendants only upon its termination or
suspension, the obligation to provide legal support passes
on to ascendants not only upon default of the parents but
also for the latters inability to provide sufficient
support. (Lim vs. Lim, G.R. No. 163209, October 30,
2009)
Requisites in order for support from stranger to be
reimbursable:
Under Art. 206:
1. Stranger gives support to another person with the
intention to be reimbursed; and
2. Person obliged to give support to the recipient does not
have knowledge of the strangers act
Under Art. 207:
1. There is an urgent need to be supported on the part of
the recipient;
2. The person obliged to support unjustly refuses or fails
to give the support; and
3. A third person furnishes the support to the needy
individual.
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2. If the concurrent obliges should be the spouse and a
child subject to parental authority, the child shall be
preferred (Art. 200 [3rd par]).
Support from Stranger

1. When, without the knowledge of the person obliged to
give support, it is given by a stranger, the latter shall
have a right to claim the same from the former, unless it
appears that he gave it without any intention of being
reimbursed (Art 206)
2. When the person obliged to support another unjustly
refuses or fails to give support when urgently needed by
the latter, any third person may furnish support to the
needy individual, with a right of reimbursement from the
person obliged to give support (Art. 207)
Logically, the sisters would, thru their mother, turn to their
uncle (Noel Daban) for their sustenance and education
when petitioner (their father) failed to give the same, a
failing which stretched from their pre-schooling days to
their college years. Since such failure has been
established, it is not amiss to deduce, as did the trial court
and the CA, that Noel Daban who, owing to consideration
of kinship, had reasons to help, indeed lent his sister Lea
money to support her children. Mention may also be made
that, contextually, the resulting juridical relationship
between the petitioner and Noel Daban is a quasicontract, an equitable principle enjoining one from unjustly
enriching himself at the expense of another (Lacson vs.
Lacson, G.R. No. 150644 August 28, 2006).
Support Pendente Lite (Art. 198 in relation to Rule 61 of
the Rules of Court)
During the proceedings for legal separation or for
annulment of marriage, and for declaration of nullity of
marriage, the spouses and their children shall be
supported from the properties of the absolute community
or the conjugal partnership.
Mutual support between the spouses ceases after final
judgment.
In case of legal separation, the court may order the guilty
spouse to support the innocent spouse.
In determining the amount to be awarded as support
pendent lite, it is not necessary to go fully into the merits
of the case, it being sufficient that the court ascertain the
kind and amount of evidence it may deem sufficient to
enable it to justly resolve the application, one way or the
other, in view of the merely provisional character of the
resolution to be entered. Mere affidavits may satisfy the
court to pass upon the application for support pendente
lite. It is enough that the facts be established by affidavits
or other documentary evidence appearing in the record
(Reyes vs. Ines-Luciano, G.R. No. L-48219 February 28,
CIVIL LAW
1979).
Amount of support
It shall be in proportion to the resources or means of the
giver and to the necessities of the recipient (Art. 201, See
Lam vs. Chua, G.R. No.131286. March 18, 2004). It shall
be increased or reduced proportionately, according to the
increase or reduction of necessities of the recipient and
the resources or means of the person obliged (Art. 202).
Support is rooted on the fact that the right and duty to
support, especially the right to education, subsists even
beyond the age of majority (Estate of Hilario M. Ruiz vs.
CA, G.R. No. 118671, January 29, 1996).
Demand for support (Art. 203)
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 extrajudicial demand.
Support must be demanded and the right to it established
before it becomes payable. For the right to support does
not arise from the mere fact of relationship, even from
relationship of parents and children, but from imperative
necessity without which it cannot be demanded, and the
law presumes that such necessity does not exist unless
support is demanded. (Sy vs. CA, G.R. No. 124518, Dec.
17, 2007)
Payment of the amount for support starts only from the
time support has been judicially or extra-judicially
demanded for the right to support does not arise from the
mere fact of relationship but from imperative necessity
without which it cannot be demanded, and the law
presumes that such necessity does not exist, unless
support is demanded (Jocson vs. Empire Insurance Co.,
G.R. No. L-10792, April 30, 1958).
Performance of obligation to support (Art. 204)
1. Paying the allowance fixed; or
2. Receiving and maintaining in the family dwelling the
person who has a right to receive support provided that
there is no moral or legal obstacle to do so.
Note: The law provides that the husband, who is obliged
to support the wife, may fulfill the obligation either by
paying her a fixed pension or by maintaining her in his
own home at his option. However, this option given by
law is not absolute. The law will not permit the husband to
evade or terminate his obligation to support his wife if the
wife is driven away from the conjugal home because of his
wrongful acts. In the case at bar, the wife was forced to
PERSONS & FAMILY

RELATIONS
leave the conjugal abode because of the lewd designs

and physical assault of the husband, she can therefore
claim support from the husband for separate maintenance
even outside the conjugal home (Goitia vs. CamposRueda G.R. No. G.R. No. 11263, November 2, 1916).
As to how the obligation to support can be performed, Art.
204 provides that the person obliged to give support shall
have the option to fulfill the obligation either by paying the
allowance fixed, or by receiving and maintaining in the
family dwelling the person who has the right to receive
support. The latter alternative cannot be availed of in case
there is a moral or legal obstacle thereto, such as the
strained relationship between the parties (Ma. Belen B.
Mangonon vs. CA, G.R. No. 125041, June 30, 2006).
Exemption of support from attachment or execution
The right to receive support as well as money or property
obtained as such support shall not be levied upon on
attachment or execution (Art. 205). But in case of
contractual support or that given by will, the excess in
amount beyond that required for legal support shall be
subject to levy on attachment or execution (Art. 208).
Only salary "due" the judgment debtor is subject to
attachment and execution, and then only if it is not made
to appear by the affidavit of the debtor or otherwise that
such earnings are necessary for the support of his family.
Under the Revised Rules, so much of the earnings of the
debtor for his personal services within the month
preceding the levy as are necessary for the support of his
family (Sec. 12, Rule 39) is exempt from execution
(Avendao vs. Alikapala, G.R. No. L-21189 November
28, 1964).
P ARENTAL A UTHORITY (PA)

Parental authority is the sum total of the right of the
parents over the persons and property of their
unemancipated children. It is pursuant to the natural right
and duty of parents over the same and it includes caring
for and rearing of such children for civic consciousness
and efficiency and the development of their moral and
physical character and well-being (Art. 209).
Parental Preference Rule
The natural parents, who are of good moral character and
who can reasonably provide for the child, are ordinarily
entitled to custody as against all other persons (Sta.
Parental authority and responsibility are inalienable and
may not be transferred or renounced except in cases

The right of custody accorded to parents springs from the

exercise of parental authority. (Santos vs. CA, G.R. No.
113054 March 16, 1995)
Rules on the exercise of parental authority
Joint parental authority by the father and mother over the
persons of their common children, whether legitimate or
illegitimate. In case of disagreement, the fathers decision
shall prevail unless there is a judicial order to the contrary
(Art. 211)
Under Art. 176, parental authority of illegitimate children is
generally with the mother. To harmonize Art. 176 with Art.
211, joint parental authority may be exercised over
illegitimate children if:
1. The father is certain, and
2. The illegitimate children are living with the said father
and mother who are cohabiting without the benefit of
marriage or under a void marriage not falling under
Arts. 36 and 53.( Sta. Maria, M., Persons and Family
Note: The recognition by the father could be a ground for
ordering him to give support, but not custody of the child.
Only if the mother defaults can the father assume such
custody or authority. Only the most compelling of reasons,
such as the mothers unfitness to exercise sole parental
authority shall justify deprivation of her parental authority
and the award of custody to someone else (Briones vs.
Miguel, G.R. No. 156343 October 18, 2004).
Duties of Children towards their Parents
1. To observe respect and reverence toward their parents;
2. To obey their parents as long as they are under their
parental authority.
Rule of filial privilege
No descendant shall be compelled, in a criminal case, to
testify against his parents and grandparents, except when
such testimony is indispensable in a crime against the
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authorized by law. The right attached to parental authority,
being purely personal, the law allows a waiver of parental
authority only in cases of adoption, guardianship and
surrender to a childrens home or an orphan institution.
When a parent entrusts the custody of a minor to another,
such as a friend or godfather, even in a document, what is
given is merely temporary custody and it does not
constitute a renunciation of parental authority. Even if a
definite renunciation is manifest, the law still disallows the
same. The father and mother, being the natural guardians
of unemancipated children, are duty-bound and entitled to
keep them in their custody and company (Sagala-Eslao
vs. CA, G.R. No. 116773, January 16, 1997).
descendant or by one parent against the other (Art. 215,

FC in relation to Sec. 25, Rule 130 of the Rules on
Evidence)
In Emma Lee vs. CA (G.R. No. 177861, July 13, 2010),
the person (Tiu) who invoked the filial privilege, claims
that she is the stepmother of petitioner Lee. The Supreme
Court declared that the privilege cannot apply because the
rule applies only to direct ascendants and descendants,
a family tie connected by a common ancestry. A
stepdaughter does not have a common ancestry by her
stepmother. Relative thereto, Art. 965 of the NCC provides
that 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. Consequently, Tiu can be
compelled to testify against petitioner Emma Lee.
This rule is not strictly a rule on disqualification because a
descendant is not incompetent or disqualified to testify
against an ascendant. The rule refers to a privilege not to
testify, which can be invoked or waived like other
privileges. As correctly observed by the lower court, Elven
was not compelled to testify against his father; he chose
to waive that filial privilege when he voluntarily testified
against Artemio. Elven declared that he was testifying as a
witness against his father of his own accord and only "to
tell the truth (People vs. Invencion, G.R. No. 131636
March 5, 2003).
In line with the filial privilege under Art. 215 of the Family
Code is the marital privilege provided for under Sec. 24
(a) of Rule 130 of the Rules of Court which states that:
The husband or the wife, during or after the marriage,
cannot be examined without the consent of the other as to
any communication received in confidence by one from
the other during the marriage except in a civil case by one
against the other, or in a criminal case for a crime
committed by one against the other or the latter's direct
descendants or ascendants.
Rules in case parental authority cannot be exercised
jointly (Art. 212 to 214)
Cause of absence of
Effect on parental
parent
authority
Absence or death of one PA continued by the
parent
parent
present
or
surviving parent
In case of remarriage of PA continued to be
the surviving parent
exercised by surviving
parent unless court
appoints another person
a guardian
CIVIL LAW
Legal separation
parents
Note: The new spouse,

by virtue of his or her
marrying the surviving
parent,
does
not
automatically possess
parental authority over
the children of the
surviving parent unless
such
new
spouse
adopts the children.
2010, p. 784)
of PA shall be exercised by
the parent designated
by the court
Exception:
If child is under seven
years old, the mother
shall have custody over
said child.
Exception
to
the
exception:
Unless the court finds
compelling reasons to
order otherwise.
Death, absence or Substitute
parental
unsuitability of both authority
shall
be
parents
exercised
by
the
surviving grandparent.
In case several survive,
the court shall consider
the best interests of the
child in the designation.
Doctrines regarding the maternal preference granted
by Art. 213 par. 2 as decided in Dacasin vs. Dacasin
(G.R. No. 168785 February 5, 2010)
Maternal preference cannot be subject to an
agreement between the separated spouses: Indeed,
the separated parents cannot contract away the provision
in the Family Code on the maternal custody of children
below seven years anymore than they can privately agree
that a mother who is unemployed, immoral, habitually
drunk, drug addict, insane or afflicted with a
communicable disease will have sole custody of a child
under seven as these are reasons deemed compelling
to preclude the application of the exclusive maternal
custody regime under the second paragraph of Article
213.
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RELATIONS
As to the bias favoring the mother over the father in

case of separation: At any rate, the rules seeming
harshness or undesirability is tempered by ancillary
agreements the separated parents may wish to enter such
as granting the father visitation and other privileges.
These arrangements are not inconsistent with the regime
of sole maternal custody under the second paragraph of
Article 213 which merely grants to the
mother final authority on the care and custody of the
minor under seven years of age, in case of
disagreements.
As to the limited period of application of preference:
Further, the imposed custodial regime under the second
paragraph of Article 213 is limited in duration, lasting only
until the childs seventh year. From the eighth year until
the childs emancipation, the law gives the separated
parents freedom, subject to the usual contractual
limitations, to agree on custody regimes they see fit to
adopt.
Writ of habeas corpus in child custody cases
Habeas corpus may be resorted in cases where rightful
custody is withheld from a person entitled thereto
(Salientes vs. Abanilla G.R. No. 162734 August 29, 2006).
The controversy does not involve the question of personal
freedom, because an infant is presumed to be in the
custody of someone until he attains majority age. In
passing on the writ in a child custody case, the court deals
with a matter of an equitable nature. Not bound by any
mere legal right of parent or guardian, the court gives his
or her claim to the custody of the child due weight as a
claim founded on human nature and considered generally
equitable and just. Therefore, these cases are decided,
not on the legal right of the petitioner to be relived from
unlawful imprisonment or detention, as in the .case of
adults, but on the courts view of the best interests of
those whose welfare requires that they be in custody of
one person or another. Hence, the court is not bound to
deliver a child into the custody of any claimant or of any
persons, but should, in the consideration of the facts,
leave it in such custody as its welfare at the time appears
to require. In short, the childs welfare is the supreme
consideration (Sombong vs. CA, G.R. No.
111876. January 31, 1996).
Maternal Preference/ Tender Years Rule
General Rule: No child under 7 years of age shall be
separated from the mother.
Exception: When the court finds compelling reason to
order otherwise. The welfare and well-being of the child is
the paramount consideration in awarding custody.

CIVIL LAW
PERSONS & FAMILY

RELATIONS
SUBSTITUTE PARENTAL AUTHORITY (Art. 216)
Persons who will exercise parental authority in the default
of parents or a judicially appointed guardian, in the order
indicated:
1. Surviving grandparent
2. Oldest brother or sister over 21 years of age unless
unfit or disqualified
3. Actual custodian over 21 years of age unless unfit or
disqualified
Neglected child
One whose basic needs have been deliberately
unattended or inadequately attended and may be done
through physical or emotional neglect [Art. 141 (3), PD
603]
The same order of preference shall be observed when

appointment of guardian over property of child becomes
necessary.
Parental authority shall be entrusted in summary

judicial proceeding to:
1. Heads of childrens homes,
2. Orphanages, or
3. Similar institutions duly accredited by the proper
government agency (Art. 217)
SPECIAL PARENTAL AUTHORITY (Art. 218 and 219)
Can only be exercised over minors while under their
supervision, instruction or custody. The authority and
supervision also attach to all authorized activities whether
inside or outside the school, entity or institution.
Private respondents' (grandparents) demonstrated love

and affection for the boy, notwithstanding, the legitimate
father is still preferred over the grandparents. The latter's
wealth is not a deciding factor, particularly because there
is no proof that at the present time, petitioner is in no
position to support the boy. The fact that he was unable to
provide financial support for his minor son from birth up to
over three years when he took the boy from his in-laws
without permission, should not be sufficient reason to strip
him of his permanent right to the child's custody. While
petitioner's previous inattention is inexcusable and merits
only the severest criticism, it cannot be construed as
abandonment. His appeal of the unfavorable decision
against him and his efforts to keep his only child in his
custody may be regarded as serious efforts to rectify his
past misdeeds. To award him custody would help enhance
the bond between parent and son. It would also give the
father a chance to prove his love for his son and for the
son to experience the warmth and support which a father
can give (Santos vs. CA, G.R. No. 113054 March 16,
1995).
Note: The person exercising substitute parental authority
shall have the same authority over the person of the child
as the parents (Art. 233).
Rule in case of foundlings, abandoned, neglected or
abused children and other children similarly situated:
(Art. 217)
Foundling
Newborn child abandoned by its parents who are
unknown (Bouviers Law Dictionary, 3rd Revision, p. 1293)
Abandoned child
One who has no proper parental care or guardianship, or
those whose parents or guardians have deserted him for a
period of at least six continous months [Art. 141 (2), PD
603]
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Abused child
Can come within the emotionally-neglected child (Sta.
Maria, M., Persons and Family Relations, 2010, p. 804)
The following shall be held principally and solidarily liable

for damages caused by the acts or omissions of the
unemancipated minor:
1. School
No distinction between academic or non-academic (arts
and trades)
Note: In Amadora vs. CA (G.R. No. L-47745 April 15,
1988), the Court has come to the conclusion that the
Art. 218 and 219 should apply to all schools, academic
as well as non-academic. Where the school is academic
rather than technical or vocational in nature,
responsibility for the tort committed by the student will
attach to the teacher in charge of such student,
following the first part of the provision. This is the
general rule. In the case of establishments of arts and
trades, it is the head thereof, and only he, who shall be
held liable as an exception to the general rule. In other
words, teachers in general shall be liable for the acts of
their students except where the school is technical in
nature, in which case it is the head thereof who shall be
answerable. Following the canon of reddendo singula
singulis "teachers" should apply to the words "pupils
and students" and "heads of establishments of arts and
trades" to the word "apprentices."
2. Administrators and teachers
3. Individual, entity or institution engaged in child care
CIVIL LAW
As held in the case of Palisoc vs. Brillantes (G.R. No. L29025 October 4, 1971), the phrase "so long as (the
students) remain in their custody" means the protective
and supervisory custody that the school and its heads and
teachers exercise over the pupils and students for as long
as they are at attendance in the school, including recess
time. There is nothing in the law that requires that for such
liability to attach, the pupil or student who commits the
tortious act must live and board in the school. In the view
of the Court, the student is in the custody of the school
authorities as long as he is under the control and influence
of the school and within its premises, whether the
semester has not yet begun or has already ended.
Note: In no case shall the persons exercising special
parental authority inflict corporal punishment upon the
child (Art. 233).
SPECIAL PARENTAL AUTHORITY AND SUBSTITUTE
PARENTAL AUTHORITY DISTINGUISHED
Special PA
Substitute PA
Rests on the theory that Exercised in case of
while the child is in the death, absence, or
care and custody of the unsuitability of parents
person/s
exercising
special
parental
authority, the parents
temporarily relinquish
parental authority
Concurrent with parental NOT
exercised
authority
concurrently with the
exercise of parents
Liability is principal and Liability
is
only
solidary with the minor subsidiary, that is, only if
under their custody
the persons with special
parental
authority
cannot satisfy their
liability.
Defense of exercise the No such defense is
proper
diligence available in case of acts
required under the or omissions committed
particular circumstances while the child is in the
may extinguish liability
custody of the person
exercising
special
parental authority.
In acts and omissions
committed outside the
custody of the school,
entity or institution, for
the primary liability of
the parents to attach
under Art. 221, the
unemancipated
child
PERSONS & FAMILY

RELATIONS
must be living in their
company AND under
their parental authority.
The principle of parental liability (under Art. 221) is a
species of vicarious liability, or the doctrine of imputed
negligence where a person is not only liable for torts
committed by himself, but also for torts committed by
others with whom he has a certain relationship and for
whom he is responsible. Parental liability is, in other
words, anchored upon the parental authority coupled with
the presumed parental dereliction in the discharge of the
duties accompanying such authority (Tamargo vs. CA,
G.R. No. G.R. No. 85044 June 3, 1992).
Liability
Vicarious Liability or Imputed Negligence: Parents and
other persons exercising PA shall be civilly liable for
injuries and damages caused by acts or omissions of their
unemancipated children living in their company and under
their PA subject to appropriate defenses provided by law.
(Art. 221)
Persons Exercising Special PA shall be principally and
solidarily liable for damages caused by acts or omissions
of the unemancipated minor.
The parents, judicial guardians or Persons Exercising
Substitute PA shall be subsidiarily liable.
Note: Liability will not attach if it is proved they exercised
the proper diligence required under the particular
circumstances (Art. 219)
EFFECTS OF PARENTAL AUTHORITY
I. Upon the Person of the Children
Rights and duties of parents and those exercising
parental authority (Art. 220)
1. To keep them in their company, to support, educate
and instruct them by right precept and good example,
and to provide for their upbringing in keeping with their
means;
2. To give them love and affection, advice and counsel,
companionship and understanding;
3. To provide them with moral and spiritual guidance,
inculcate in them honesty, integrity, self-discipline, selfreliance, industry and thrift, stimulate their interest in

Procedure for imposing discipline on the child (Art.

223)
1. Parent or person exercising parental authority, may
petition the proper court of the place where the child
resides, for an order providing for disciplinary measures
over the child.
a. Relief prayed for may include commitment in an
institution in child care duly accredited by the proper
government authority for not more than 30 days.
b. If petition is granted, parent shall not interfere with
the implementation of the decision but shall continue
to provide for his support.
2. There will be a summary hearing and the child shall be
entitled to the assistance of counsel, either of his choice
or appointed by the court.
3. If in the same proceeding 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.
4. The court may terminate the commitment of the child
whenever just and proper (Art. 224)
II. Upon the Property of the Children (Art. 225 and
226)
The father and the mother shall jointly exercise legal
guardianship over the property of the unemancipated
common child without the necessity of a court
appointment.
In case of disagreement, the father's decision shall
prevail, unless there is a judicial order to the contrary.
Note: Two cases where a parent cannot be the
administrator of the property of his children under the
provisions on succession, Art. 923 and Art. 1035 of the
Civil Code.
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civic affairs, and inspire in them compliance with the
duties of citizenship;
4. 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, studies and morals;
5. To represent them in all matters affecting their
interests;
6. To demand from them respect and obedience;
7. To impose discipline on them as may be required
under the circumstances; and
8. To perform such other duties as are imposed by law
upon parents and guardians.
Exception: Parents are required to file a bond where

the market value of the property or the annual income of
the child exceeds P50,000. The bond shall not be less
than ten per centum (10%) of the value of the property
or annual income, to guarantee the performance of the
obligations prescribed for general guardians.
Fruits and profits of industry of child:
a. Owned by the child;
b. Shall be devoted exclusively to the childs support
and education unless the title or transfer provides
otherwise.
c. Parent may only use such fruits and income shall be
limited primarily to the child's support and secondarily
to the collective daily needs of the family.
Administration of parents property by unemancipated
child (Art. 227)
1. The net proceeds of such property shall belong to the
parents-owner.
2. 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.
3. The proceeds given in whole or in part shall not be
charged to the child's legitime.
Kinds of Properties of a Minor
Adventitious (Art. 226)
Profectitious (Art. 227)
Earned or acquired by the

Property given by the
child through his work or
parents to the child for the
industry by onerous or
latter to administer
gratuitous title
Owned by the child
Owned by the parents
Child
is
also
the
usufructuary, but the childs
Parents
are
use of the property shall be
usufructuary
secondary to the collective
daily needs of the family
the
Property administered by Property administered by

the parents
the child
Note: The courts may appoint a guardian of the childs
property, or a guardian ad litem when the best interests of
the child so require. (Art. 222)
CIVIL LAW
PERSONS & FAMILY

RELATIONS
SUSPENSION AND TERMINATION OF PARENTAL

AUTHORITY (Art. 228 and 229)
Grounds for suspension: (CHOBAN)
1. Conviction of a crime with the penalty of civil interdiction
2. Harsh or cruel treatment against the child
3. Orders, counsel and example which are corrupting,
given by the person exercising authority
4. Child is compelled to beg
5. Subjecting child or allowing child to be subjected to acts
of lasciviousness,
6. Negligence, which is culpable, committed by the person
exercising authority (Art. 231)
Note: The suspension or deprivation may be revoked and
parental authority revived if the court finds that the cause
has ceased and will not be repeated. (Art. 231 par. 4)
In case of civil interdiction, the authority is automatically
reinstated upon service of penalty or pardon or amnesty of
the offender. There is no need of a court order. (Art. 230)
Grounds for termination of parental authority

Permanent (Art. 228 and
Temporary (Art. 229)
232)
Death of the parents
Adoption of the child
Death of the child
Appointment of a general
guardian
Emancipation of the child
Judicial declaration
abandonment
of
If the person exercising

parental authority has Final judgment divesting
subjected the child or the parents of parental
allowed him to be subjected authority
to sexual abuse
Judicial declaration of
absence or incapacity of
the parents exercising
parental authority over the
child.
Notes: Sec. 10 (b) of the RA 7610 punishes any person
who shall keep or have in his company a minor:
a. Who is 12 years old or younger 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; or
b. Who is 10 or more years his junior, in the places
enumerated in (a).
The same provision expressly provides that it does not

apply to any person who is related to the minor 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.
However, Sec. 10 (c) of RA 7610 provides as penalty,
among others, the loss of parental authority to any
ascendant, stepparent or guardian of a minor, who shall
induce, deliver or offer a minor under his custody to
persons described and enumerated in Sec. 10 (b).
E M ANCIPATION
Emancipation takes place by the attainment of the age of
majority. Unless otherwise provided, majority commences
at the age of eighteen years. (Art 234 as amended by RA
6809)
Effect of Emancipation
Emancipation for any cause 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 (Art 236 as amended by RA 6809).
Upon the effectivity of this Act (December 13, 1989),
existing wills, bequests, donations, grants, insurance
policies and similar instruments containing references and
provisions favorable to minors will not retroact to their
prejudice (Sec, 4, RA 6809).
S UMM ARY J UDICIAL

P ROCEEDINGS IN THE F AM ILY
L AW
Actions requiring summary judicial proceedings under the
Family Code:
1. To obtain a judicial declaration of presumptive death for
the purpose of contracting a subsequent marriage (Art.
41)
2. In case of legally separated spouses, when the consent
of one spouse to any transaction of the other is required
by law, judicial authorization shall be obtained in a
summary proceeding (Art. 100 [2])
3. In case of legally separated spouses, when the
community property is not sufficient for the support of
the family each spouse is liable with his/her separate
property. The spouse present shall petition the court for
the administration of the specific separate property of
the other spouse and the use the fruits or proceeds to
satisfy the latters share (Art. 100 [3]).

Procedure: (Art. 239-248) F-NOPED-J

1. Upon filing of verified petition in the family court where
the spouses reside (or in the RTC, if there is no family
court), jurisdiction of said court over the petition shall
attach upon proof of notice to the other spouse.
2. Notice to the non-petitioning spouse shall include a
show cause order why the petition should not be
granted
3. The non-petitioning spouse is given the opportunity to
answer on or before the date set for the initial
conference as indicated in the notice.
4. The preliminary conference shall be conducted by the
judge personally, and the spouses shall not be
accompanied by counsel. After the initial conference,
the spouses may be assisted by counsel at the courts
discretion.
5. The court may proceed ex parte and render judgment if
despite all efforts, the non-petitioning spouse does not
appear.
6. If both spouses are present during the initial conference
and the petition is not resolved then, the petition shall
be decided in a summary hearing on the basis of
affidavits submitted.
7. The judgment of the court shall be immediately final and
executory.
F INAL P ROVISIONS
Retroactive Effect
The Family 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).
F UNERALS
60 SAN BEDA COLLEGE
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OPERATIONS
CIVIL LAW
PERSONS & FAMILY

RELATIONS
4. To confer parental authority over foundlings,
abandoned, neglected, and abused children to heads of
childrens homes and orphanages (Art. 217)
5. To provide for disciplinary measures over the child at
the motion of the parents or any person exercising over
parental authority (Art. 223)
6. For the filing of a bond to enable the parents of a minor
to exercise of legal guardianship latters properties,
when the value of said properties exceed Php 50,000
(Art. 225)
7. Determination of the value of the presumptive legitimes
in cases of partition of the conjugal dwelling (Art. 51)
8. In case of disagreement in fixing the family domicile
(Art. 69)
9. In case of objection to a spouses exercise of legitimate
profession (Art. 73)
10. In case of disagreement in the administration and
enjoyment of the community property/conjugal
partnership (Art. 96, 124)
General Guidelines:
1. Duty and right to make arrangement for funerals is in
accordance with right and duty to support under Article
199, FC. In case of descendants of the same degree, or
brothers and sisters, the eldest shall be preferred (Art.
305 NCC).
2. The funeral shall be in keeping with the social position
of the deceased (Art. 306 NCC)
3. The funeral shall be in accordance with the expressed
wishes of the deceased
a.
In the absence of the expressed wishes, his
religious beliefs or affiliation shall determine funeral
rites
a.
In case of doubt, the persons in Art. 199, FC
shall decide, after consulting other members of the
family (Art. 307 NCC)
4. No human remains shall be retained, interred, disposed
of or exhumed without the consent of the persons in Art.
199, FC (Art. 308 NCC)
5. Any person who disrespects the dead or allows the
same or wrongfully interferes with a funeral shall be
liable for damages (Art. 309 NCC)
6. If the deceased is married, the tombstone or
mausoleum is deemed a part of the funeral expense
and chargeable against ACP or CPG (Art. 310 NCC)
U SE
OF
S URNAM ES
Child
Surname
Legitimate
Surname of father
Legitimated
Surname of father
Conceived before the
decree annulling a voidable Surname of father
marriage
Generally, surname of
mother. May use surname
of father if filiation has been
expressly recognized by the
father through the record of
Illegitimate
birth appearing in the civil
register, or when an
admission in a public
document
or
private
handwritten instrument is
made by the father.
Adopted
Surname of adopter
Rules on the surname of a married woman (Art. 307)
1. A married woman may use:
a. Her maiden first name and surname and add her
husband's surname (ex: Maria Aquino-dela Cruz) or
CIVIL LAW
b. Her maiden first name and her husband's surname
(ex: Maria dela Cruz) or
c. Her husband's full name, but prefixing a word
indicating that she is his wife, such as "Mrs. (ex:
Mrs. Juan dela Cruz)
2. In case of annulment of marriage (Art. 371):
a. If the wife is the guilty party, she shall resume her
maiden name and surname.
b. 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:
i. The court decrees otherwise, or
ii. 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)
Note: The language of the statute is mandatory that the
wife, even after the legal separation has been decreed,
shall continue using her name and surname employed
before the legal separation. This is so because her
married status is unaffected by the separation, there
being no severance of the vinculum. It seems to be the
policy of the law that the wife should continue to use the
name indicative of her unchanged status for the benefit
of all concerned ( Laperal vs. Republic, G.R. No. L18008 October 30, 1962).
4. A widow may use the deceased husband's surname as
though he were still living, in accordance with Article
370. (Art. 373)
Identity of names and surnames
1. The younger person shall be obliged to use such
additional name or surname as will avoid confusion
(Art. 374)
2. Between ascendants and descendants, the word
"Junior" can be used only by a son. Grandsons and
other direct male descendants shall either:
a. Add a middle name or the mother's surname, or
b. Add the Roman Numerals II, III, and so on (Art 375)
Article 375 restricts the use of Junior but social usage
allows the use of Junior also for daughters.
General Rule: No person shall use different names and
surnames (Art. 380).
PERSONS & FAMILY

RELATIONS
Exception: Use of pen names or stage names is

permitted, PROVIDED it is done in good faith and there is
no injury to third persons (Art 379)
Usurpation of a name and surname may be the subject of
an action for damages and other relief. (Art. 377)
Elements:
a. There is an actual use of anothers name by the
defendant
b. The use is unauthorized;
c. The use of anothers name is to designate personality
or identify a person (Tolentino vs. Ca, G.R. no. L-41427
june 10, 1988).
The unauthorized or unlawful use of another person's
surname gives a right of action to the latter. (Art. 378)
Change of name is a judicial proceeding in rem.
Jurisdiction to hear and determine a petition therefor, by
law, is acquired after publication of the "order reciting the
purpose of the petition" and the "date and place for the
hearing thereof"---for three (3) successive weeks in a
newspaper of general circulation. But, for that publication
to be effective, it must give a correct information. We
therefore rule that for purposes of an application for
change of name under Article 376 of the Civil Code, the
only name that may be changed is the true or official
name recorded in the civil register. In addition, we
accordingly hold that for a publication of a petition for a
change of name to be valid, the title thereof should
include, first, his real name, and second, his aliases, if any
(Ng Yao vs. Republic, G.R. No. L-20306 March 31, 1966).
A BSENCE
The legal status of a person who has absented himself
from his domicile and whose whereabouts and fate are
unknown, it not being known with certainty whether he is
still living or not (Jurado, Civil Law Reviewer, 19th Ed.
(1999), p. 260).
Different stages of absence [Paras, 15th ed. (2002), p.
857]: (PDP)
1. Provisional absence (Art. 381)- When a person
disappears from his domicile, his whereabouts being
unknown, without leaving an agent to administer his
property.
a. There is no declaration of absence yet but legal
representative may be appointed only when urgent
representation is necessary and applies only if no
agent has been appointed to represent the absentee
or agents authority has expired.

CIVIL LAW
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RELATIONS
b. The spouse is preferred as the legal representative
except when they are legally separated.
c. If absentee left no spouse, any competent person any
be appointed.
Absence under ordinary circumstances

(Art. 390)
Presumed
dead
for
purposes of opening
succession
2. Declared absence (Art. 384)
a. Without administrator - When a person disappears

from his domicile, and 2 years have elapsed without
any news about him, or since the receipt of the last
news.
b. With administrator 5 years have elapsed
The following may ask for the declaration of absence:
i. Spouse present
ii. Testate or Intestate heirs
iii.Other persons subordinated to rights by death.
The judicial declaration of absence shall not take effect
until six months after its publication in a newspaper of
general circulation (Art. 386)
An administrator of the absentees property shall be
appointed.
When the wife is appointed as an administratrix, she
cannot alienate or encumber the husbands property or
that of the conjugal property without judicial authority.
The administration shall cease when:
i. Absentee reappears personally or through an agent
ii. Death is proven
iii. Third person appears and shows proof that he
acquired absentees property when absentee was
still alive.
3. Presumptive death- When the absentee is presumed
dead. (Art. 390, 391)

PRESUMPTION OF DEATH (Arts. 390 to 392, NCC)
Absence under ordinary circumstances
(Art. 390)
Presumed dead for all
purposes
7 years
62 SAN BEDA COLLEGE
Exception:
For purposes of opening
succession
OF LAW
OPERATIONS
10 years
4 years
Exception:
If at the time of
disappearance person was
already 75 years old, 5
years of absence is
sufficient
for
this
presumption to apply.
Presumed
dead
for
purposes of remarriage of
the spouse present
Absence under extraordinary circumstances/

Qualified absence (Art. 391)
4 years
Presumed dead for all

purposes
including
opening of succession
2 years
Presumed
dead
for
purposes of remarriage
Extraordinary circumstances under Art. 391: (LAO)

1. Person on board a vessel or airplane lost during sea
voyage or missing, counted from the loss of the vessel
or airplane
2. Person in armed forces who took part in war
3. Person in danger of death under other circumstances
and his existence has not been known
Note: A well-founded belief that the absentee is already
dead is required before an absent spouse may be
declared presumably dead. The requisites are: (4-RBF)
a. Absent spouse has been missing for 4 years or 2
consecutive years if the disappearance is under Art.
391 of the Civil Code;
b. Present spouse wishes to remarry;
c. Present spouse has a well- founded belief that the
absent spouse is dead;
d. Present spouse files a summary proceeding for the
declaration of presumptive death of the absent
spouse (Republic v. Nolasco, G.R. NO. 14053, March
13, 1993).
CIVIL LAW
PERSONS & FAMILY

RELATIONS
The legal requirement on the need for judicial declaration

of presumptive death does not apply to a marriage
celebrated under the (Old) Civil Code as the law itself
presumed as dead the spouse who disappeared for a
period of seven (7) years where the present spouse has
no news of the absentee being alive, or for less than
seven (7) years where the absentee was generally
presumed dead (Valdez vs. Republic, G.R. No. 180863,
September 8, 2009). Hence, proof of well- founded belief
is not required.
Change of first name or nickname Under R.A. 9048

(An Act Authorizing 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 Registrar without Need of a Judicial
Order, Amending For This Purpose Arts. 376 And 412 Of
The Civil Code)
C IVIL R EGISTER
General Rule: No entry in a civil register shall be changed

or corrected without a judicial order.
Acts, events and judicial decrees concerning the civil

status of persons shall be recorded in the civil register
(Art. 407). This includes:
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. (Art. 408)
Duty of the Clerk of Court
To ascertain whether the decree 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 (Art. 409).
Books of the Civil Register and related documents
1. Considered public documents
2. Prima facie evidence of the facts therein contained.
(Art. 410)
Unlawful alteration (Art. 411)
General Rule: Every civil registrar shall be civilly
responsible for any unauthorized alteration made in any
civil register, to any person suffering damage thereby.
Exception: If the civil register proves that he has taken
every reasonable precaution to prevent the unlawful
alteration.
Authority to correct clerical or typographical error and

change of first name or nickname: (Sec. 1)
Exceptions: Administrative proceeding for change of first

name or nickname and clerical or typographical errors.
Clerical or typographical error
It refers 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,
such as misspelled name or misspelled place of birth 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 [Sec. 2(3)].
Exceptions to the exception: (SANS)
1. Sex
2. Age
3. Nationality
4. Status
Note: Correction or change can be made 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.
The State has an interest in the names borne by
individuals and entities for purposes of identification. A
change of name is a privilege, not a right. Petitioner must
show proper or reasonable cause or any compelling
reason which may justify such change (Silverio v.
Republic, G.R. NO. 174689, October 22, 2007).
Grounds for change of first name or nickname (Haw
Liong vs. Republic G.R. No. L-21194 April 29, 1966):
(HAR)
1. New first name or nickname has been habitually and
continuously used by the petitioner and he has been
publicly known by that first name or nickname in the
community;
2. The change will avoid confusion
3. First name or nickname is ridiculous, tainted with

CIVIL LAW
PERSONS & FAMILY

RELATIONS
dishonor or extremely difficult to write or pronounce;
Note: R.A. 9048 does NOT sanction a change of first
name on the ground of sex reassignment. To rule
otherwise may create grave complications in the civil
registry and public interest (Republic v. CA, GR NO.
97906, May 21, 1992).
Middle names serve to identify the maternal lineage or
filiation of a person as well as further distinguish him from
others who may have the same given name and surname
as he has. The dropping of the middle name of a minor so
that he will not be different from his classmates in
Singapore and on the additional ground that it would
cause confusion and difficulty in its pronunciation in
Singapore does not constitute proper and reasonable
cause to drop it from his registered complete name. As he
is of tender age, he may not yet understand and
appreciate the value of the change of his name and
granting of the same at this point may just prejudice him in
his rights under our laws (In Re: Petition for Change of
Name and/or Correction/Cancellation of Entry in Civil
Registry of Julian Lin Carulasan Wang vs. Cebu City Civil
Registrar, G.R. No. 159966, March 30, 2005).
Please refer to Remedial Law Memory Aid for a
comprehensive discussion of the procedural aspects of
change of name.
Cancellation or correction of entries in the Civil

Registry (Rule 108, Rules of Court)
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. (Sec 1)
All persons who have or claim any interest which would be
affected thereby shall be made parties to the proceeding.
(Sec. 3)
Upon the filing of the petition, the court shall:
1. Fix the time and place for the hearing of the same
2. Cause reasonable notice thereof to be given to the
persons named in the petition.
3. Cause the order to be published once a week for 3
consecutive weeks in a newspaper of general
circulation in the province. (Sec. 4)
64 SAN BEDA COLLEGE
OF LAW
OPERATIONS
Opposition may be filed by the civil registrar and any

person having or claiming any interest under the entry
whose cancellation or correction is sought within 15
days from notice of the petition, or from the last date of
publication of such notice. (Sec. 5)
Orders expediting the proceedings and preliminary
injunction for the preservation of the rights of the parties
pending such proceedings may be granted by the court.
(Sec. 6)
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.
(Sec. 7)
Entries subject to cancellation or correction upon
good and valid grounds (Sec.2)
1. Births
2. Marriages
3. Deaths
4. Legal separations
5. Judgments of annulments of marriage
6. 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

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CIVIL LAW

PERSONS & FAMILY

The Civil Code took effect on August 30, 1950.

General Rule: Laws take effect after 15 days following

General Rule: No retroactive effect.

General Rule: Acts contrary to mandatory or prohibitory

PERSONS & FAMILY

General Rule: Rights can be waived.

J UDICIAL D ECISIONS F ORM

SAN BEDA COLLEGE OF LAW

C USTOMS (A RTS .11

PERSONS & FAMILY

5. Calendar week Sunday to Saturday;

1. Penal Laws and laws of public security (Article 14):

SAN BEDA COLLEGE OF LAW

PERSONS & FAMILY

Lex Rei Sitae

SAN BEDA COLLEGE OF LAW

Rules on Personal Law: Domiciliary Rule and

PERSONS & FAMILY

Accion in Rem Verso and Solutio Indebiti

Payment was made by

a. Breach of constitutional and other rights (Art. 32)

SAN BEDA COLLEGE OF LAW

The Civil Code has SUPPLETORY application in matters

C IVIL P ERSONALITY (A RT .37)

SAN BEDA COLLEGE OF LAW

PERSONS & FAMILY

Less than 7 months

When considered born

The legitimacy or illegitimacy of a child attaches upon

PERSONS & FAMILY

from the strength and the age of the sexes, according to

SAN BEDA COLLEGE OF LAW

SAN BEDA COLLEGE OF LAW

PERSONS & FAMILY

relations, as that of the wife arising from marriage, or the

PERSONS & FAMILY

gives rise to liability as where there was financial

(ex: expired marriage license; one of

SAN BEDA COLLEGE OF LAW

PERSONS & FAMILY

Marriage ceremony (Art. 6)

b. Registered with the

The absence of two witnesses of legal age is merely an

c. Acting within the limits

10 SAN BEDA COLLEGE

Municipal and city

Ship captains or air

d. At least one of the

Assistant pilot has no

PERSONS & FAMILY

Authorized venues of marriage (Art. 8)

SAN BEDA COLLEGE OF LAW 11

Note: This provision is only directory and the

12 SAN BEDA COLLEGE

PERSONS & FAMILY

PERSONS & FAMILY

children born during such union, and the mention of such

Note: Marriage certificate is NOT an essential requisite

SAN BEDA COLLEGE OF LAW 13

2. Bigamous or polygamous except as provided in Art.

14 SAN BEDA COLLEGE