Professional Documents
Culture Documents
[1]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[3]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
No human body shall be buried unless the same time and there shall be no transmission
proper death certificate has been presented of rights from one to the other.
and recorded in the office of local civil
registry PROOF OF DEATH
DEATH CERT SHALL CONTAIN
Art 43 specifically applies only to persons
1.) Date & Place of Death
2.) Full name called upon to succeed each other.
3.) Age Proof of death must be established by
4.) Occupation/Profession positive evidence
5.) Residence However it can likewise be established by
6.) Status as regards marriage circumstantial evidence derived from facts.
7.) Nationality of Deceased In conclusion, the presumption that Angela
8.) Probable Cause of Death
Joaquin de Navarro died before her son is
DURING EPIDEMIC
Bodies may be buried provided the proper based purely on surmises, speculations or
death certs have been secured, which conjectures without any sure foundation in
shall be registered not later than 5 days the evidence. Opposite theory, that mother
AFTER burial outlived her son is deduced from
established facts which weighed by
CONTRACT, WILL AND THE LAW common experience, engender the
Rights & Obligations of dead person inference as a very strong probability.
can still be regulated by contract, will (Joaquin v. Navarro)
or law.
Creditors given right to claim for PRESUMPTION OF SURVIVORSHIP
estate of deceased, any obligation If there is doubt as to whom, between or
due them before estate can finally be among two or more persons called upon
partitioned in favor of heirs. to succeed each other died first, the
EXAMPLE: following rules apply
Matias father of Kiki and Koko died. 1. Whoever alleges death of one prior to
Matias owes P20,000.00 from Nuknuk. the other shall prove the same
Therefore before Kiki and Koko enjoys 2. In absence of proof, it shall be
with the P50,000.00 left by there Sugar presumed that they died at the same
Poppa, Nuknuk could first claim the time, therefor no transmission of
P20,000.00 due to him.
rights from one another
Testator through express provision in a
(Bes, ma-tetegi na nga lang, dami pa
will may disinherit any of his/her heirs
hanash ng law sa whos this and
under any valid grounds provided by law.
Any person who shows disrespect to whos that)
dead or wrongfully interferes with funeral
shall bee liable to the family of the
deceased for damages, material or
moral.
Art. 43. If there is a doubt, as between two or
more persons who are called to succeed
each other, as to which of them died first,
whoever alleges the death of one prior to the
other, shall prove the same; in the absence CHAPTER 3
of proof, it is presumed that they died at the JURIDICAL PERSONS
[4]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[5]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
Corps, Partnerships & Associations for (5) Those who are naturalized in accordance
private interest and purpose may be granted with law.
by law a juridical personality separate and
distinct from that of each shareholder, Art. 49. Naturalization and the loss and
partner or member. reacquisition of citizenship of the Philippines
Hence obligation of Tagay Corp is not an are governed by special laws.
obligation of its Tagay Board members.
(There is such thing as doctrine of corporate Art. 50. For the exercise of civil rights and
veil) the fulfillment of civil obligations, the
domicile of natural persons is the place of
Art. 47. Upon the dissolution of corporations, their habitual residence.
institutions and other entities for public
interest or purpose mentioned in No. 2 of Art. 51. When the law creating or recognizing
Article 44, their property and other assets them, or any other provision does not fix the
shall be disposed of in pursuance of law or domicile of juridical persons, the same shall
the charter creating them. If nothing has be understood to be the place where their
been specified on this point, the property and legal representation is established or where
other assets shall be applied to similar they exercise their principal functions.
purposes for the benefit of the region,
province, city or municipality which during DOMICILE RESIDENCE
the existence of the institution derived the Fixed permanent Place of abode,
principal benefits from the same. residence; which when whether permanent or
absent one has temporary
intention of returning
Title II. - CITIZENSHIP AND Residence coupled No length of residence
DOMICILE with intention to without intention of
remaining will remaining will
Art. 48. The following are citizens of the constitute a domicile constitute domicile.
ONLY ONE MAY BE AS MANY AS
Philippines:
YOUR MONEY
(1) Those who were citizens of the COULD AFFORD.
Philippines at the time of the adoption of the Domicile is like true love, you may wander over across the
Constitution of the Philippines; surface of the Earth, but heart desires the intent of
returning to what it considers to be home
Residence, is the mistress you may seek from time to
(2) Those born in the Philippines of foreign time..But without the intent to stay, it shall forever just be
parents who, before the adoption of said province for comfort
Constitution, had been elected to public ***MINOR = DOMICILE OF PARENTS
office in the Philippines; CAN A DOMICILE BE LOST AND
CHANGED?
(3) Those whose fathers are citizens of the ---YEAHHHHHH
Philippines; BY:
1. Actual removal/ actual change of domicile
(4) Those whose mothers are citizens of the 2. Bona fide intention of abandoning the
Philippines and, upon reaching the age of former place of residence establishing a
majority, elect Philippine citizenship; new one
3. Acts which correspond with the purpose
[6]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[7]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[8]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[9]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
(1) Any incumbent member of the HOW DO YOU REMEMBER THE CONCEPT OF
judiciary within the court's PARTIES IN A MARRIAGE
jurisdiction; Officiates celeb of
STATE marriage through
(2) Any priest, rabbi, imam, or minister of person solemnizing
any church or religious sect duly the same
authorized by his church or religious
MAN WIFE
sect and registered with the civil
registrar general, acting within the - Such person MUST have
limits of the written authority granted authority from the
by his church or religious sect and government at time of celebration ofr
provided that at least one of the marriage.
contracting parties belongs to the - Article 7 defines the limits and scope of
solemnizing officer's church or authority granted to the solemnizers.
religious sect;
- IF THEY FAIL TO COMPLY W/ ANY
(3) Any ship captain or airplane chief REQUISITES MANDATED BY LAW, such
only in the case mentioned in Article marriage is generally void in absence of a
31; formal requisite (Authority of solemnizing
officer) [except if parties believed in good
(4) Any military commander of a unit to faith that such person is authorize to do
which a chaplain is assigned, in the
so]
absence of the latter, during a military
operation, likewise only in the cases THE WHO?
mentioned in Article 32; 1. JUDGES - Can solemnize marriage
ONLY w/in their courts
(5) Any consul-general, consul or vice- jurisdiction
consul in the case provided in Article - If solemnized beyond his
10. jurisdiction, there is
absence of formal
requisite. Hence marriage
AUTHORIZED SOLEMNIZERS OF is void.
MARRIAGE - When judge solemnizes
- Marriage have always been considered as marriage outside his
involving questions of public policy and courts jurisdiction, there
is resultant irregularity in
interest of other than those of contracting formal requisite laid down
parties and should therefore be construed in Art 3, which may
in accordance with such policy. subject the officiating
(Cunningham v. Cunningham) official to administrative
- Need to limit persons who solemnize liability [that statement is
marriage.State being an interested party, erroneous] Law clearly
provides that judge has
its consent is essential to every marriage.
authority only if he/she
(Eaton v Eaton) solemnizes w/in his/her
- States consent is manifested/ granted jurisdiction. Non-
vicariously by the people granted by state observance of this rule is
the privileged authority to solemnize not mere irregularity
marriage. The institution of marriage is so because it generally
directly conserned with public welfare that makes marriage null and
void. (Navarro v. Domagtoy)
state is third party thereto.
- But since principal issue
[10]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[11]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[12]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
case the marriage may be solemnized at a Art. 10. Marriages between Filipino
house or place designated by them in a citizens abroad may be solemnized by
sworn statement to that effect. a consul-general, consul or vice-consul
of the Republic of the Philippines. The
VENUE issuance of the marriage license and
Non-observance will not invalidate marriage the duties of the local civil registrar and
but can subject persons who cause the of the solemnizing officer with regard to
violation to civil, criminal or administrative the celebration of marriage shall be
liability performed by said consular official.
EXCEPTIONS
1.) Articulo Mortis CONSULAR OFFICIALS
2.) In a remote place in accordance with Duties of LCR and solemnizing officer:
Art 29 FC performed by them abroad.
3.) Both parties request a solemnizing Marriage ceremony shall be in accordance
officer in writing with laws of the PH because Art 17 of CC
(Navarro v. Domagtoy) pertinently provides that when contracts,
Art. 9. A marriage license shall be issued by among others are executed before
the local civil registrar of the city or diplomatic or consular officials, among
municipality where either contracting party others are executed before the diplomatic
habitually resides, except in marriages where and consular officials of RP in a foreign
no license is required in accordance with country, solemnities by PH laws shall be
Chapter 2 of this Title observed in their execution
PLACE OF ISSUE
Local Civil registrar of city or municipality Art. 11. Where a marriage license is
where either of them resides. required, each of the contracting
If contracting parties obtain marriage license parties shall file separately a sworn
in place other than place where ether of application for such license with the
them resides, it is MERELY AN proper local civil registrar which shall
IRREGULARITY (People v. Janssen) specify the following:
R.A 10354 (1) Full name of the contracting party;
The responsible parenthood and (2) Place of birth;
reproductive health act of 2012 (3) Age and date of birth;
No marriage license shall be issued by LCR (4) Civil status;
unless applicants present a Certificate of (5) If previously married, how, when
Compliance issued by Family planning and where the previous marriage was
Office dissolved or annulled;
Certifying that they had duly received (6) Present residence and citizenship;
adequate instructions and info on (7) Degree of relationship of the
responsible parenthood, family planning, contracting parties;
breast feeding and infant nutrition. (8) Full name, residence and
(well, yun lang most couples in PH, nanganak na citizenship of the father;
munat lahat lahat ng basketball team bago pa (9) Full name, residence and
magpakasal) citizenship of the mother; and
[13]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[14]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[15]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
consent alone, but consent of parents must not obtain such advice, or if it be
be added thereto (Cushman v. Cushman) unfavorable, the marriage license shall not
Lack of consent does not affect validity of be issued till after three months following the
marriage, but only subjects those who have completion of the publication of the
neglected to acquire it to the penalties of application therefor. A sworn statement by
law. (Cushman v. Cushman) the contracting parties to the effect that such
IF ANY OF THE CONTRACTING PARTIES advice has been sought, together with the
IS BELOW 18 Y/O, MARRIAGE IS VOID written advice given, if any, shall be attached
REGARDLESS OF EXISTENCE OR NON- to the application for marriage license.
EXISTENCE OF CONSENT OF PARENTS. Should the parents or guardian refuse to give
Age of consent is the age at which person any advice, this fact shall be stated in the
are considered in law to be capable into sworn statement.
marriage relation.
BRIEF HISTORY: Art. 16. In the cases where parental consent
BEFORE FC Any male aged 16 or upwards, or parental advice is needed, the party or
and any female of the age of
14 or upwards, not under any
parties concerned shall, in addition to the
of the impediments mentioned requirements of the preceding articles, attach
in Articles 80 to 84 of the Civil a certificate issued by a priest, imam or
Code, may contract marriage
(Article 54, Civil Code of the minister authorized to solemnize marriage
Philippines). under Article 7 of this Code or a marriage
If the male is less than 20 counselor duly accredited by the proper
years old and the female is
less than 18 years old, they government agency to the effect that the
shall be required to obtain the contracting parties have undergone marriage
consent to their marriage of
their father, mother or
counseling. Failure to attach said certificates
guardian, or persons having of marriage counseling shall suspend the
legal charge of them, in the issuance of the marriage license for a period
order mentioned (Article 61,
Ibid.). of three months from the completion of the
EFFECTIVITY OF Marrying age of both the publication of the application. Issuance of the
FC parties to a marriage was marriage license within the prohibited period
fixed at eighteen (18) years
old (Article 5, Family Code of shall subject the issuing officer to
the Philippines). administrative sanctions but shall not affect
In case either or both parties the validity of the marriage.
are between the ages of
eighteen (18) and twenty-one Should only one of the contracting parties
(21), they shall, in addition to need parental consent or parental advice, the
the requirements of marriage,
secure the consent to their
other party must be present at the counseling
marriage of their father, referred to in the preceding paragraph.
mother, surviving parent or
guardian, or persons having
legal charge of them, in the PARENTAL ADVICE
order mentioned (Article 14, Absence does not affect marriage
Ibid.).
Does not even make marriage annullable
While it is not an essential nor formal
requirement under Art 2 & 3 prescribing
Art. 15. Any contracting party between the
parental advice in keeping with PH tradition
age of twenty-one and twenty-five shall be
and does not bar marriage totally.
obliged to ask their parents or guardian for
advice upon the intended marriage. If they do
[16]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
It is just a vehicle to induce further and ore Parental consent required or Parental
mature deliberation over decision to get advice needed, failure of parties to attach
married. such application a certification that they
have undergone marriage consoling shall
REMEMBER suspend issuance of ML for period of 3
PARENTAL CONSENT V. PARENTAL ADVICE months.
At least 18 and below 21 to 25 years of age Issuance of ML w/in prohibited period
21 shall subject issuing officer to
Annulable {Defect in Does not affect administrative sanctions but shall not
essential requirement } marriage
affect validity of marriage
[17]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
He is nonetheless duty bound to issue parties have not made use of it. The expiry
license after payment of necessary fees date shall be stamped in bold characters on
unless exempted due to indigence, after the face of every license issued.
completion of period of pub or after period
of 3 months. MARRIAGE LICENSE ANND DATE OF
Law does not restrain LCR from ISSUE
investigating any impediment on part of Valid only within PH and not abroad
contracting parties but LCR is only generally Good for 120 days from date of issue
prohibited from withholding marriage license Date of signing of LCR =Date of issue
despite legal impediment (J Caguioa) Automatically ineffective upon expirty.
Purpose of Art 18 as agreed upon by
committee members is to ELIMINATE any Art. 21. When either or both of the
opportunity of extortion or for it to be a contracting parties are citizens of a foreign
source of graft. country, it shall be necessary for them before
Only court intervention directing non- a marriage license can be obtained, to
issuance of ML can empower LCR to validly submit a certificate of legal capacity to
refuse to issue said license. contract marriage, issued by their respective
MAY BE BROGHT BY LCR HIMSELF OR diplomatic or consular officials.
ANY INTERESTED PARTY. Stateless persons or refugees from other
countries shall, in lieu of the certificate of
- What if LCR is pasaway and issues ML legal capacity herein required, submit an
despite injuction then nakasal na ang mga affidavit stating the circumstances showing
beshies? such capacity to contract marriage.
MARRIAGE STILL VALID as validity of
ML is not affected by violation of CERTIFICATE OR AFFIDAVIT OF LEGAL
injunction. [mere irregularity in formal CAPACITY
requisite of marriage license] Citizens of Foreign country: contract
Does not affect validity of marriage in PH
marriage but party or parties - If they are BOTH freigners and intent to
responsible shall be civilly, criminally have marriage solemnize by those
and administratively liable. mentioned in Art 7 of FC or mayor
pursuant to LGC, then they have to
CRIMINAL LIABILITY OF LOCAL CIVIL SECURE MARRIAGE LICENSE IN PH
REGISTRAR - Before issuance of ML, they have to
Marriage Law of 1929 submit a cert of legal capacity.
Sec 37: Influencing parties in - Cert of Leg Cap is necessary because PH
religious respects in so far as marriage is concerned, adhere
Sec 38: Illegal issuance or refusal to law of contracting parties with respect
of license to their legal capacity to marry.
16 y/o US Legally capacitated to marry in
Art. 20. The license shall be valid in any part Citizen US wants to marry Fil here or
of the Philippines for a period of one hundred another foreigner
By obtaining cert of
twenty days from the date of issue, and shall
legal capacity stating
be deemed automatically canceled at the that in US, persons
expiration of the said period if the contracting under 16 years of age
[18]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
can be validly married. (3) The date and precise time of the
Show to proper lcr celebration of the marriage;
where he is residing in (4) That the proper marriage license has
PH been issued according to law, except in
Marriage license can
marriage provided for in Chapter 2 of this
be subsequently
issued Title;
W/O cert of legal cap, LCR will not issue (5) That either or both of the contracting
ML. parties have secured the parental consent in
Law clearly provides that as to foreigner, appropriate cases;
this is a necessary requisite before ML (6) That either or both of the contracting
can be obtained. parties have complied with the legal
EXCEPTION to the rule that LCR even if finds an
requirement regarding parental advice in
impediment in impending marriage must
nevertheless issue the marriage license, unless appropriate cases; and
at his own instance, or that of an interested party, (7) That the parties have entered into
he is judicially restrained from issuing marriage marriage settlement, if any, attaching a copy
license. thereof.
EH. What if chaka si LCR, nag-issue pa rin
then kinasal yung mga atat na beshies. Art. 23. It shall be the duty of the person
Marriage still considered valid as this is
solemnizing the marriage to furnish either of
merely an irregularity in complying with the
formal requirement of law in procuring the contracting parties the original of the
marriage license. marriage certificate referred to in Article 6
and to send the duplicate and triplicate
copies of the certificate not later than fifteen
STATELESS PERSONS OR REFUGEES days after the marriage, to the local civil
Required to file an affidavit stating registrar of the place where the marriage was
circumstances showing such capacity to solemnized. Proper receipts shall be issued
contract marriage in lieu of certificate of by the local civil registrar to the solemnizing
legal cap. officer transmitting copies of the marriage
certificate. The solemnizing officer shall
IF CONTRACTING PARTIES WHO ARE retain in his file the quadruplicate copy of the
CITIZENS OF FOREIGN COUNTRY DESIRE marriage certificate, the copy of the marriage
TO HAVETHEIR MARRIAGE SOLEMNIZED certificate, the original of the marriage
BY THIEIR CONTRYS CONSUL GENERAL license and, in proper cases, the affidavit of
IN PH the contracting party regarding the
No need to obtain ML if their countrys laws solemnization of the marriage in place other
allow the same. than those mentioned in Article 8
[19]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
Law and public policy lean toward legalizing Baptismal certs, birth certs, jud deci, and
matrimony family bible in which names of spouses
Presumption gains strength through lapse of have been entered as married are good
time. evidences of marriage (Trinidad v. CA)
When celebration of marriage is once Cert of marriage made many years after
shown, the contract of marrage, capcity of marriage is inadmissible especially where
parties and fact everything necessary for there was no register of marriage in official
validity of marriage, in absence of proof to records (Gaines v. Relf)
contrary will be presumed (Gaines v. New Failure to present marriage cert is not fatal
Orleans) in case where marriage is in dispute as the
Public policy should aid acts intended to parties can still rely on presumption of
validate marriage and should retard acts marriage (Rivera v. IAC)
intended to invalidate marriages. This is Abence of record of the contested marriage
necessary for the order of society. (Adong v. was asserted to assail the existence of
Cheong Seng Gee) marriage, SC rehected assertions by
If shown that either/nnoth parties have been stating:
previously married and that such wife or 1. Although marriage contract is
husband of first marriage is still living, does considered a primary evidence of
not destroy prima facie legality of last marriage, its absence is not always
marriage. Presumption is that former proof that no marriage took place.
marriage has been legally dissolved and Evidence need not necessarily or
burden of proving that it has not rests upon directly establish marriage but must at
party seeking to impeach the last marriage. least be enough to strengthen the
(Wenning v. Teeple; Son Cui v. Guepangco) presumption of marriage. These are
public documents which are prima facie
PROOF OF MARRIAGE evidence of facts stated herein. No
May be proved by evidence of any kind clear and convincing evidence is
(Pugeda v. Trias) sufficient to overcome the presumption
Primary evidence of marriage is the of the truth of recitals therein was
marriage contract or marriage certificate presented by petitioners.
(Lim Tanhu v. Ramolete) 2. Petitioners own witness whose
Mere photostat of marriage cert is a testimony they primarily relied upon to
worthless piece of paper (Vda De Chua v. support their proposition confirmed that
CA) Guillermo Rustia had proposed
But if such Photostat copy emanated from marriage to Josefa Delgado and that
Office of LCR and duly certified by LCR as eventually two had lived together as
an authentic copy of the records in his office husband and wife [this could not but
such certified Photostat copy is admissible strengthen the presumption of marriage]
as evidence. 3. Baptismal cert was conclusive proof
If presented in court w/o objection from only of thee baptism administered by
opposing parties and consequently admitted priest who baptized child. [No proof of
by court, said photostaat copies are the veracity of declarations and
deemed sufficient proof of facts contained statements contained therein such as
therein and therefore can be proof of alleged single or unmarried civil status
marriage. (Sy v CA) of Josefa Delgado]
[20]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[21]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[22]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
VALID PROVISIONS
Family code expressly provides that except
for marriages prohibited under Art 35 (1),
(4), (5), (6) , 36,37,38, marriages
solemnized abroad and which are valid
there as such are recognized as valid here.
AS TO VALIDITY OF MARRIAGE PH follows lex loci celebrationis rule
(SUMMARY)
GENERAL RULE General principle of international and
Marriages contracted outside the PH interstate law that validity of marriage, so far
and are performed in accordance with at least as it depends upon the
laws in force in country where they preliminaries, and manner or mode of its
were solemnized are valid in this celebration is to be determined in reference
country of law of place where it is
In case Filipino contracts foregn celebrated.Therefore, marriage valid
marriage which is null and void in place celebrated will generally be regarded as
where it was solemnized, same shall valid everywhere and where there is bona
also be null and void in PH even if such fide attempt on part of parties to effect a
was valid if celebrated under PH laws. legal marriage, every presumption will be in
If both are foreigners, lex loci favor of the marriage. (Medway v.
celebrationis applies. Needham)
EXCEPTIONS:
1.) Contracted by national who is below Conversely, marriage void where it is
18 y/o (No legal capacity to contract celebrated is void everywhere. But under
marriage under Art 35) [When both the operation of rule that all presumptions
parties contracting marriage abroad favor marriage and every bona fide attempt
are Fil citizens] to effect it, and since courts are extremely
2.) Incestuous marriage (ewww) reluctant and rightly so, to declare marriage
3.) Bigamous or Polygamous except as void exceptfor strongest and most obvious
provided in Art 41 FC reasons, the converse rule is subj to many
4.) Contracted through Mistake of one exceptions ad will not be enforced where
party as to identity of the other (like circumstances afford a reasonable ground
twin na wa naman imik di naman pala for the course taken and show a bona fide
siya fianc mo) attempt to effect a marriage. (Medway v.
Needham)
[24]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[25]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[26]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[27]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
VOID
Commissioned officer (rank 2nd lieutenant,
ARTICLE 38
ensign and above)
ARTICLE 40
ARTICLE 41 Commander of a unit (at least a battalion)
ARTICLE 44 Only articulo mortis and in absence of
ARTICLE 53 chaplain (chaplain should compy w/ Art 7 (2)
[28]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
W/IN zone of military operations and during (While both conditions must concur, they do not
such military operations qualify each other)
Either members of armed forces or civilians
MUSLIM AND ETHNIC GROUPS Absence of legal impediment
Under Civil Code, for as long as marriages At time of marriage (J; Puno)
of ethnic groups, pagans and Muslims were
performed in accordance with their customs,
rights and practices, such marriage: VALID (Art 76 CC repealed by Art 36 FC (NOW)
(Art 78 CC) Art 36 FC)
[29]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[31]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
1) Party minor at time of marriage marriage - Even if a woman believed in good faith that
is void and can still be judicially declared she married a man not related to her but who
void; there can be no estoppel just because in fact was his long-lost brother, her good
parties agreed to false age. faith will not cure the infirmity even if she
2) In order to be exempted from procuring willingly and freely cohabited with him for a
reasonable length of time after discovery. She
marriage license, parties stated in their
can still nullify marriage because it is
sworn statement that they were already
incestuous.
cohabiting continuously for 5 years to
- If a person marries w/o marriage license or
comply with time requirement of law when in that is spurious, and does not fall under
fact they cohabited for two years and exceptions, marriage is void regardless of
marriage was consequently solemnized, his/her good faith.
such marriage IS STILL NULL AND VOID - If a person marries his first cousin knowing
on ground of absence of marriage license. fully well of such relationship which he/she
(De Castro v. Assidao-De Castro) (Republic conceals from his/her first cousin, marriage is
v. Dayot) still void and it can be nullified
Chi Ming Tsoi v. CA
HOWEVER in Mallion v. Alcantara - Ground of psychological incapacity under
In not invoking ground of absence of Art 36 was invoked to nullify a marriage
and where evidence showed the spouses
marriage license in the first case and then
did not engage in sexual intercourse but
filing a subsequent case involving said there was no finding as to who between h
ground, petitioner violated the rule on & w refused to have sexual intercourse
splitting of cause of action. - SC ruled that such absence of finding is
Petitioner was considered to be barred by immaterial because action to declare
res judicata. marriage void may be filed by either party
Considered to have impliedly admitted the even psychologically incapacitated one.
validity of celebration of marriage and that
Chi Ming Tsoi vs. CA
he had therefore waived all defects. (Every law student should know this tragic case)
Ruling gave more weight to procedure GR No. 119190, January 16, 1997
rather than substantial law WHICH SHOUL FACTS:
NOT BE THE CASE. Decision did not take Chi Ming Tsoi and Gina Lao Tsoi was married in
into account that no amount of ratification, 1988. After the celebration of their wedding, they
waiver, acquiescence or estoppel can proceed to the house of defendants mother.
There was no sexual intercourse between them
validate void marriage. during their first night and same thing happened
A null and void marriage cannot be until their fourth night. In an effort to have their
validated directly or indirectly. honeymoon in a private place, they went to
In this case SC gave valid effect to an Baguio
invalid marriage which is inconsistent with but Ginas relatives went with them. Again, there
very notion of void marriages. was no sexual intercourse since the defendant
avoided by taking a long walk during siesta or
sleeping on a rocking chair at the living room.
BAD FAITH OR GOOD FAITH IN VOID Since May 1988 until March 1989 they slept
MARRIAGES together in the same bed but no attempt of sexual
General Rule intercourse between them. Because of this, they
Good faith and bad faith are immaterial in submitted themselves for medical examination to
determining whether a marriage is null and a urologist in Chinese General Hospital in 1989.
void. The result of the physical examination of Gina was
Example: disclosed, while that of the husband was kept
[32]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
confidential even the medicine prescribed. There either husband or wife in a void marriage
were allegations that the reason why Chi Ming can file a case.
Tsoi married her is to maintain his residency Nonetheless, party who knew that he/she
status here in the country. Gina does not want to was entering a void marriage before its
reconcile with Chi Ming Tsoi and want their
solemnization may be held liable for
marriage declared void on the ground of
psychological incapacity. On the other hand, the damages b other contracting party under
latter does not want to have their marriage provisions on Human Relations in CC
annulled because he loves her very much, he has specially Art 19-21 thereof.
no defect on his part and is physically and Even if partys intention in filing a
psychologically capable and since their declaration of nullity were less than pure
relationship is still young, they can still overcome
and was merely to evade bigamy case,
their differences. Chi Ming Tsoi submitted himself
to another physical examination and the result such fact will not prevent declaration of
was there is not evidence of impotency and he is nullity on basis of clear showing that there
capable of erection. was absence of marriage license warranting
such declaration (Abbas v. Abbas)
ISSUE: Whether Chi Ming Tsois refusal to have EXCEPTIONS TO GENERAL RULE THAT
sexual intercourse with his wife constitutes GOOD FAITH AND BAD FAITH ARE NOT
psychological incapacity. RELEVANT IN VOID MARRIAGES
1.) Art 35 (2) Those solemnized by any
HELD: person not legally authorized to perform
The abnormal reluctance or unwillingness to marriages unless such marriages were
consummate his marriage is strongly indicative of contracted with either or both parties
a serious personality disorder which to the mind of believing in good faith that the
the Supreme Court clearly demonstrates an utter solemnizing officer had the legal authority
insensitivity or inability to give meaning and to do so;
significance tot the marriage within the meaning of 2.) Art. 41. A marriage contracted by any
Article 36 of the Family Code. person during subsistence of a previous
If a spouse, although physically capable but marriage shall be null and void, unless
simply refuses to perform his or her essential before the celebration of the subsequent
marital obligations and the refusal is senseless marriage, the prior spouse had been
and constant, Catholic marriage tribunals attribute absent for four consecutive years and the
the causes to psychological incapacity than to spouse present has a well-founded belief
stubborn refusal. Furthermore, one of the that the absent spouse was already dead.
essential marital obligations under the Family In case of disappearance where there is
Code is to procreate children thus constant non- danger of death under the circumstances
fulfillment of this obligation will finally destroy the set forth in the provisions of Article 391 of
integrity and wholeness of the marriage. the Civil Code, an absence of only two
years shall be sufficient.
Doctrine of unclean hands where court For the purpose of contracting the
should not grant relief to wrongdoer is not a subsequent marriage under the preceding
rule as applied to nullity actions because it paragraph the spouse present must
is merely judge-made and has no statutory institute a summary proceeding as
provided in this Code for the declaration
basis.
of presumptive death of the absentee,
In declaring marriage void, state expresses without prejudice to the effect of
that it does not consider a union in a void reappearance of the absent spouse
marriage as serving the fundmental purpose
of state of fostering and nurturing a family - Spouse may validly marry again if he/she
which is a foundation of society. Hence 1. Has a well-founded belief that spouse is
dead
[33]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
2. Procures judicial declaration of In the absence of proof to the contrary, properties acquired
presumptive death while they lived together shall be presumed to have been
obtained by their joint efforts, work or industry, and shall be
3. At time of subsequent marriage owned by them in equal shares. For purposes of this Article,
ceremony, is in good faith together with a party who did not participate in the acquisition by the other
subsequent spouse party of any property shall be deemed to have contributed
(otherwise marriage shall be considered void jointly in the acquisition thereof if the former's efforts
under Art 44 : If both spouses of the subsequent consisted in the care and maintenance of the family and of
marriage acted in bad faith, said marriage shall be the household.
void ab initio and all donations by reason of Neither party can encumber or dispose by acts inter vivos of
marriage and testamentary dispositions made by his or her share in the property acquired during cohabitation
one in favor of the other are revoked by operation and owned in common, without the consent of the other,
of law.) until after the termination of their cohabitation.
Good faith: even if only one of the When only one of the parties to a void marriage is in good
contracting parties : OK faith, the share of the party in bad faith in the co-ownership
shall be forfeited in favor of their common children. In case
To be void: BOTH must be in bad faith of default of or waiver by any or all of the common children
or their descendants, each vacant share shall belong to the
respective surviving descendants. In the absence of
descendants, such share shall belong to the innocent party.
BAD FAITH AS AFFECTING PROPERTY In all cases, the forfeiture shall take place upon termination
DISPOSITION of the cohabitation.
As a general rule
Art. 148. In cases of cohabitation not falling under the
- In void marriage, property regime is one
preceding Article, only the properties acquired by both of the
of co-ownership parties through their actual joint contribution of money,
- In disposition of co-ownership at time of property, or industry shall be owned by them in common in
proportion to their respective contributions. In the absence of
liquidation, whether one of parties is in proof to the contrary, their contributions and corresponding
bad faith is basic consideration shares are presumed to be equal. The same rule and
(Art 147/148 of FC) presumption shall apply to joint deposits of money and
evidences of credit.
If one of the parties is validly married to another, his or her
RULES FOR EASY UNDERSTANDING share in the co-ownership shall accrue to the absolute
community or conjugal partnership existing in such valid
SCENARIO EFFECT marriage. If the party who acted in bad faith is not validly
Only one in GF Share of party in BF in married to another, his or her shall be forfeited in the manner
co-ownership : provided in the last paragraph of the preceding Article.
FORFEITED The foregoing rules on forfeiture shall likewise apply even if
- In favor of both parties are in bad faith.
common
children
Default of/ Waiver by Each vacant share shall SUBSEQUENT VOID MARRIAGES DUE TO
any/All common belong to respective FAILURE OF PARTY TO GET PRIOR
children/their surviving descendants JUDICIAL DECLARATION OF NULLITY OF
descendants PREVIOUS MARRIAGE PURSUANT TO
Absence of Belong to innocent ARTICLE 40
descendants party Art 43 (2) The absolute community of
In all cases forfeiture shall take place upon property or the conjugal partnership, as the
termination of cohabitation case may be, shall be dissolved and
Rule above applies to all void marriages liquidated, but if either spouse contracted
said marriage in bad faith, his or her share
Art. 147. When a man and a woman who are capacitated to of the net profits of the community property
marry each other, live exclusively with each other as or conjugal partnership property shall be
husband and wife without the benefit of marriage or under a forfeited in favor of the common children or,
void marriage, their wages and salaries shall be owned by
if there are none, the children of the guilty
them in equal shares and the property acquired by both of
them through their work or industry shall be governed by the spouse by a previous marriage or in default
rules on co-ownership. of children, the innocent spouse
[34]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[35]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[36]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
the zone of military operation nullity, only competent courts having such
ARTICLE 33 among Muslims or among members of
authority (Landicho v. Relova-Landicho)
the ethnic cultural communities
(solemnized in accordance with their BIGAMY
customs, rites or practices.) One who enters subsequent marriage
ARTICLE34 lived together as husband and wife for at
least five years and without any legal without first obtaining such judicial
impediment to marry each other declaration is guilty of bigamy. Principle
applies even if earlier unio is characterized
BIGAMOUS OR POLYGAMOUS MARRIAGE by statute as void (Manuel v. People)
Except those allowed under Muslim Code or
Elements of Bigamy:
under Art 41 of FC, law prohibits a married
man or woman from contracting another 1. That the offender has been legally
bond of union as long as the consort is alive married;
(US v. Ibanez) 2. That the first marriage has not been
Subsequent marriage is illegal and void legally dissolved or, in case his or her
from the beginning (Carratala v. Samson) spouse is absent, the absent spouse
Subsequent marriage contracted in Hong could not yet be presumed dead
Kong by husband who had secured a void
Nevada divorce is bigamous and void according to the Civil Code;
(Manila Surety & Fidelity Co., Inc v. 3. That he contracts a second or subsequent
Teodoro) marriage; and
IMPORTANT TO NOTE HOWEVER THAT 4. That the second or subsequent marriage
in bigamous marriage, 1st marriage must has all the essential requisites for validity.
have been valid. If 1st marriage is in itself EXCEPTION:
void and subsequent marriage is contracted
1.) Present spouse must file a Summary
w/o prior judicial declaration of nullity of 1 st
marriage, subsequent marriage is void proceeding for the declaration of
because it violates Art 40 in relation to Art presumptive death of absentee w/o
52 and 53 of FC. prejudice to latters reappearance
Art. 40. The absolute nullity of a previous marriage 2.) Absence of other spouse must have been
may be invoked for purposes of remarriage on the for 4 consecutive years or 2 years where
basis solely of a final judgment declaring such previous
marriage void. there is danger of death under
Art. 52. The judgment of annulment or of absolute circumstances laid down in Art 391 of
nullity of the marriage, the partition and distribution of NCC
the properties of the spouses and the delivery of the 3.) Well-founded belief of present spouse
children's presumptive legitimes shall be recorded in
the appropriate civil registry and registries of property; who wishes to remarry that absent spouse
otherwise, the same shall not affect third persons. (n) is already dead
Art. 53. Either of the former spouses may marry again MISTAKE IN IDENTITY
after compliance with the requirements of the An instance of fraud which makes marriage
immediately preceding Article; otherwise, the annullable. (CC)
subsequent marriage shall be null and void Mistake in indentity is a ground for nullity of
marriage (FC)
JUDICIAL DECLARATION OF NULLITY Example:
Absolute nullity of previous marriage may Basta namarry mo yung twin. Due to complete
be invoked for purposes of remarriage on absence of consent, marriage is void ab initio
basis solely of final judgment declaring such IMPORTANT : contracting party absolutely
previous marriage void did not intend to marry the other, as the
same is not the person he/she actually
RATIONALE: Parties to marriage should not
knew before marriage.
be permitted to judge for themselves its This covers only situations in which there
has been a mistake on part of party seeking
[37]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[38]