CASE TITLE Provision/Doctrine Application Important Notes

Taada v. Tuvera 136 SCRA NCC 2. Laws shall take effect 15 days The court ordered all unpublished PDs of
27 following the completion of publication in general applicability to be published
the Official Gazette or in a newspaper of
general circulation, unless it is otherwise
provided. Stressed here is that the clause
"otherwise provided" pertains to the DATE
by which the law shall take effect, NOT
whether the publication is a necessity.
Publication is mandatory.
Fuentes vs. Roca, G.R. No. NCC 4. Laws shall have no retoractive effect, The family code is retroactive because FC
178902, April 21, 2010 unless the contrary is provided. 256 expressly provides for it. It can govern
conjugal partnerships pre existing prior to
the FC's creation. Promulgated on August 3,
1988 and the contract was effective October
of 1988. Thus, the Family Code will govern
instead of the NCC.
Commissioner v Hypermix, RAC Book 7, Chap 2 Sec. 3 - Every agency CMO 27-2003 is invalid because if failed to
G.R. No. 179579, February shall file in UP Law Centre 3 Certified copies follow requirement in RAC Book 7, Chap 2
1, 2012 of every rule adopted by it Sec. 3 - Every agency shall file in UP Law
Centre 3 Certified copies of every rule
adopted by it
Acaac v Azcuna, Jr., G.R. In accordance with the presumption of Petitioners failed to present any evidence to
No. 187378, Sept 30, 2013 validity in favor of an ordinance, their show that no publication of the subject
constitutionality or legality should be ordinance was made. The court finds no
upheld in the absence of evidence showing reversible error committed by the CA in
that the procedure prescribed by law not upholding the validity of the subject
observed in that enactent. We also have a ordinance
right to assume that officials have done that
which the law requires them to do, in the
absence of positive proof to the contrary.
Garcillano v House of Non-publication of Senate Rules of Senate cannot continue with conduct of J. Carpio: online publication does
Representatives, G.R. No. Procedure (Sec 21, Art VI of 1987 Const.) legislative inquiry without publication not equate to the Tanada v Tuvera
170338, Dec violates due process. Publication is requirement.
imperative for it will be the height of
injustice to punish or burden a citizen for
transgression of a law which he had no
notice whatsoever. Every Senate is different
from the one before and their rules, then,
change. (Neri v Senate Committee on
Accountable of Public Officers and
Investigation)
Kasilag vs. Rodriguez, 69 NCC3 Ignorance of the law does not justify The contract of antichresis is null and void, Kasilang- mistake in fact = excused
phil 217 the amendment of a contract. However, the however it was considered that Kasilang from legal consequences
basis of equity shall prevail (NCC 526) where acted in good faith. Kasilang did not have While a mistake in law is not
every person who is unaware of any flaw in the capacity of a lawyer/jurist to know that excused
his title or in the manner of its acquisition, his actions, upon entering the verbal
by which it is invalidated, shall be deemed a contract was contrary to law.
possessor in good faith.
Elegado v. Court of Philippine laws bind foreign lawyers Petitioner argues that first assessment of
Appeals, 173 SCRA 285 defending Philippine clients estate tax cannot bind him as it was filed by
his foreign lawyers who had little knowledge
of Philippine law. SC says no, foreigners
cannot be any less bound by our own laws
in our own country.
Simon v Chan, G.R. No. It is axiomatic that the retroaactive The provision [Section 1 (b)], even if not
157547, February 23, 2011 application of procedural laws does not yet in effect when Chan commenced the
violate any right of a person who may feel civil action,, is nonetheless applicable.
adversely affected, nor is it constitutionally Chan's separate civil action to recover the
objectionable. amount of the check involved in the
prosecution could not be independently
maintained.
Francisco vs. CA , G.R. No. SC cannot invoke the a new law (Family Properties belong exclusively, under CPG
102330. November 25, Code) that repeals the old one (Civil Code) if (old law: NCC), to the deceased, who
1998 it impairs prior vested rights. The repeal granted general powers of attorney to his
does not operate to prejudice or otherwise first wife.
affect rights which have become vested or
accrued while the old provisions were in
force.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 1
 CF: Pesca vs. Pesca, G.R. NCC 8. Judicial decisions form part of the Molina v CA doctrine was applied
No. 136921. April 17, 2001 legal system. While the case was pending, a
doctrine was laid out in another case. That
doctrine, pertaining to psychological
incapacity, was applied in this case.
David v Agbay, G.R. No. Art 4. Laws shall have no retroactive effect, No retroactivity of "retention" in Philippine
199113 March 18, 2015 unless the contrary is provided. citizenship in RA 9225 which states that
those who become naturalized after
passage of this law retains citizenship. Law
itself differentiates between those who
retain citizenship and those who, before RA
9225 became effective, lost and are
reacquiring citizenship.
Abad v. Philcomsat, G.R. Art 4. Laws shall have no retroactive effect, The compromise agreement, which was just
No. 200620, March 18, unless the contrary is provided. judicially declared valid (post-2004), had a
2015 retroactive effect gave the Africa-Bildner
group the majority shares. The effect of that
is, the 2004 August meeting became void
because it was not initiated by the majority
shareholders.
Nerwin v PNOC, G.R. No. NCC 5. Acts executed against the provisions The Supreme Court ruled that the RTC
167057, April 11, 2012 of mandatory or prohibitory laws shall be committed grave abuse of discretion in
void, except whem the law itself authorizes issuing the TRO against PNOC. Republic Act
their validity No. 8975 is a prohibitory law which limits
the power to issue TROs or preliminary
injunction only to the Supreme Court. Any
act of the lower court which disregards this
rule is contrary to law.
DM Consunji vs. CA, G.R. NCC 6. Rights may be waived, UNLESS the The Supreme Court ruled in various cases Guys, similar to sa Floresca vs
No. 137873, April 20, 2001 waiver is contrary to law, public order, that recovery of damages under the Labor Philex Mining case sa Statcon. Hindi
public policy, morals, or good customs or Code is a bar to recovery under an ordinary aware yung asawa ng namatay sa
prejudcial to a third person with a right civil action. However, the lack of knowledge rights niya so claiming for civil
recognized by law. of a fact nullifies the election of a remedy action is not considered a waiver
which is the only exception to the rule. since she didn't know what her
Waiver requires knowledge of the facts remedies are. The case was
basic to the exercise of the right waived, remanded to determine the actual
with an awareness of its consequences. compensation that the wife should
receive.
Aujero V PhilComSat, G.R. NCC 6. Rights may be waived, UNLESS the Not all waiver and quitclaims are invalid as
No. 193484, January 18, waiver is contrary to law, public order, against public policy. If the agreement was
2012 public policy, morals, or good customs or voluntary enterd into and represents a
prejudcial to a third person with a right reasonable statement, it is binding on the
recognized by law. parties and may not later be disowned
simply because of change of mind.
Villareal v People, Failure to present evidence on a date RTC denied accused Dizon the opportunity Legarda skipped this case
G.R.No.151258, February1, different from the one originally specified to present evidence. This is because, despite
2012 does not amount to a waiver of the right to the original date of presentation of evidence
present evidence. being later, another accused waived said
right and merely adopted evidence of other
accused. Hence, Dizon's date moved up all
of a sudden. Counsel of accused Dizon then
had another scheduled hearing and so could
not make it to new date. SC says this is a
violation of due process. However, this
didn't matter anyway since SC wanted to
already dispose of the case and adopted
evidence of other accused.
Dela Cruz v. Dela Cruz, G.R. NCC Art. 6. Rights may be waived unless the The waiver was absolute and contained no
No. 192383, December 4, waiver is contrary to law, public order, pre-condition. The phrase "hereby waive"
2013. public policy or prejudicial to a third person means that she was executing an affidavit
with a right recognized by law. waiving her right to property, irreversible
divesting herself of her existing right to the
property.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 2
 Dona Adela v Tidcorp, G.R. It is an elementary rule that the existence of Petitioner is not bound by the provision in
No. 201931, February 11, a waiver must be positively demonstrated the joint motion since there was no written
2015 since a waiver by implication is not normally consent from the petitioner or its
countenanced. The norm is that a waiver representative that it is waiving the
must not only be voluntary, but must have confidentiality of its bank deposits.
been made knowingly, intelligently, and
with sufficient awareness of the relevant
circumstances and likely consequences.
Mere silence on the part of the holder of
the right should not be construed as a
surrender thereof; the court must indulge
every reasonable presumption against the
existence of such waiver.
BBB v AAA, G.R. No. NCC 1431. Through estoppel an admission While the text messages were
193225, February 9, 2015 or representation is rendered conclusive unauthenticated in this case, Petitioner
upon the person making it, and cannot be attempted to justify why he sent the
denied or disproved as against the person messages. In doing so, he admitted
relying thereon. authorship of the messages.
Thornton vs. Thornton, NCC 7. Laws are repealed only by The SC ruled that the FC did not empower There was no implied repeal.
Aug. 16, 2004 subsequent ones, and their violation or non- the Family Court to exclusively issue writs of
observance shall not be excused by disuse, habeas corpus and it did not revoke the
or custom or practice to the contrary. capacity of the SC and CA.
Kida v Senate, G.R. No. NCC 7. When the courts declared a law to R.A. No. 9054, which requires the 2/3 vote
196271, February 28, 2012 be inconsistent with the Constitution, the of the Members of the House of
former shall be void and the latter shall Representatives and of the Senate voting
govern. separately for its re-amendment or revision,
violates Article VI, Section 16(2) of the 1987
Constitution which requires only the
majority of these votes. R.A. No. 9054 is
therefore unconstitutional and void.
Yinlu Bicol v Trans-Asia, NCC 7. Laws are repealed only by Petitioner has the right over the mining
G.R. No. 207942, Jan. 12 subsequent ones, and their violation or non- patents. The said patents were registered
2015 observance shall not be excused by disuse, pursuant to Act No. 496 (Land Registration
or customs or prejudicial to a third person Act). The Presidential Decree No. 463
with a right recognized by law. cannot repeal petitioners right as it is
considered a vested or acquired substantive
When the courts declare a law to be right. Although it must be noted that the
inconsisent with the Constitution, the Petitioners must now operate in accordance
former shall be void and the latter shall to the current laws, R.A. No. 7942
govern. (Philippine Mining Act)

Administrative or executive acts, orders and
regulations shall be valid only when they are A vested right cannot be repealed by a
not contrary to the laws of the Constitution change in the constitution or by a new law.


Concept of Vested Right
Pesca vs. Pesca, G.R. No. NCC 8. Judicial decisions form part of the Molina v CA doctrine was applied
136921. April 17, 2001 legal system. While the case was pending, a
doctrine was laid out in another case. That
doctrine, pertaining to psychological
incapacity, was applied in this case.
De Castro v JBC, G. R. No. The Court, as the highest court of the land, The SC did not follow the Stare Decisis Legarda Comment: SC's decisions
191002, April 20, 2010 may be guided but is not controlled by Doctrine in deciding this case (In re are binding on all the lower courts
precedent. Thus, the Court, especially with a Valenzuela and Villarta). The precedent case but they do not bind the SC.
new membership, is not obliged to follow ruled that the president do not have the
blindly a particular decision that it power under the constitution to appoint the
determines, after re-examination, to call for two judges because it was a "midnight
a rectification. The adherence to precedents appointment" and hence, unconstitutional.
is strict and rigid in a common-law setting But they reversed the ruling by saying that
like the United Kingdom, where judges the midnight appointment doesnt apply to
make law as binding as an Act of Parliament. the Judicial Department.
But ours is not a common-law system;
hence, judicial precedents are not always
strictly and rigidly followed. A judicial
pronouncement in an earlier decision may
be followed as a precedent in a subsequent
case only when its reasoning and
justification are relevant, and the court in
the latter case accepts such reasoning and
justification to be applicable to the case.
The application of the precedent is for the
sake of convenience and stability.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 3
 Virtucio v Alegarbes, G.R. NCC 8 in relation to Art 1155 which provides This case was compared to Custodio v
No. 187451, August 29, that only a judicial summons can effectvely Alegarbes, which became an example of an
2012 toll the period of acquisitive prescription. interuption of the prescribed period.
Virtucio did not meet the same conditions,
thus Alegarbes is the owner of the lot.
Republic v Remman Regarding a judicial doctrine having Respondent did not follow the Republic v Legarda Comment: SC is basically
retroactive effect, to the extent of adding TAN requirement, which was a case decided asking Respondent to become a
another requirement: "Such judicial after he filed for land registration. While he fortune-teller.
doctrine does not amount to the passage of was granted the registration by the RTC, as
a new law, but consists merely of a affirmed by CA, SC reversed.
construction or interpretation of a pre-
existing one." Republic v TAN: applicants for land
registration must prove that the DENR
Citation in the footnote is Eagle Realty Secretary had approved the land
Corporation v. Republic. classification and released the land of public
domain as alienable and disposable. They
must present a copy of the original
classification approved by the DENR
Secretary and certified as true copy by the
legal custodian of the records.
People v. Ritter 194 SCRA Art.9 of the Civil Code. The court has the They found out that the only thing he The court cannot disregard the fact
690 duty to decide on cases even if there is no committed was pedophilia and at that time that Ritter did indeed commit acts
law that punishes the act. The court should there was no law punishing pedophilia but that are offensive to public morals
take proper measures in order to ensure the court still decided on the case and and violative of the declared policy
that right and justice shall prevail. advised the legislature to enact a law of the state to promote and protect
addressing the rising issue of pedophilia the physical, moral, spiritual and
social well-being of our youth. It is
established that his acts were
injurious to Baluyot thus Ritter is
civilly liable.
Martinez v. Van Buskirk, 18 Acts the performance of which has not been The respondent was not held liable for NCC 11-12 Customs
Phil. 79 proved destructive or injurious and which negligence because it was the universal
have, therefore, been acquiesced in by practice of merchants to leave the horses in
society for so long a time that they have the manner in which they were left at the
ripened into custom, cannot be held to be time of the accident.
themselves unreasonable or imprudent.
Internal Revenue v NCC 13 must be disregarded. The Supreme Court ruled that respondent
Primetown, GR 162155, filed within the reglementary period
August 28, 2007 Section 31. Legal Periods. - "Year" shall be because Article 13 of the Civil Code wherein
understood to be twelve calendar months; a year is composed of 365 days has been
"month" of thirty days, unless it refers to a repealed by E.O. 297 wherein a year is
specific calendar month in which case it composed of 12 calendar months.
shall be computed according to the number
of days the specific month contains; "day,"
to a day of twenty-four hours; and "night,"
from sunset to sunrise. (Chapter 8,
Administrative Code of 1987, E.O. 297)
Montajes v People, G.R. Section 1, Rule 22 of the Rules of Court: The last day of the reglementary period
No. 183449, March 12, How to compute time. In computing any within which to file petition for review fell
2012 period of time prescribed or allowed by on a Saturday, so the last day to file petition
these Rules, or by order of the court, or by was moved on a Monday.
any applicable statute, the day of the act or
event from which the designated period of
time begins to run is to be excluded and the
date of performance included. If the last
day of the period, as thus computed, falls on
a Saturday, a Sunday, or a legal holiday in
the place where the court sits, the time shall
not run until the next working day.
Tenchavez v. Escao 15 NCC 15. Laws relating to family rights and The respondent's marriage with the
SCRA 355 duties, or to the status, condition and legal petitioner under the provisions of the Civil
capacity of persons are binding upon Code bound her even as she went abroad,
citizens of the Philippines, even though rendering the divorce decree she had
living abroad. secured there invalid, as marriages under
the Civil Code do not recognize divorce.
Lavadia vs. Heirs of Luna, NCC 15- Laws relating to family rights and Divorce decree not accepted in the
G.R. No. 171914, July 23, duties, or to the status, condition and legal Philippines (a Filipino got it from Columbia)
2014 capacity of persons are binding upon because our laws doesnt allow it. Any
citizens of the Philippines, even though settlement of property between the parties
living abroad. of the first marriage involving Filipinos
submitted as an incident of a divorce
obtained in a foreign country lacks
competent judicial approval, and cannot be

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 4
 enforceable against the assets of the
husband who contracts a subsequent
marriage.

Board of Commissioners Processual Presumption - In the absenceof Due to absence of evidence,it is presumed
vs. de la Rosa, 197 SCRA evidence to the contrary, foreign laws ona that marriage laws in China are the same as
853 particular subject are presumed to be the that of the Philippines. SInce all of the
same as those of the Philippines. Lex Loci essential requisites and formal requisites
Celebrationis - a marriage formally valid has been complied it, the marriage is valid in
where celebrated is celebrated everywhere. China. Applying Lex Loci Celebrationis, the
IN case of doubt, all presumption lead to the marriage is also valid in the Philippines. As
validity of the marriage such, William Gatchalian is a filipino citizen
ATCI Overseas Corp vs. Doctrine of processual presumption - when Petitioner failed to present needed PROCESSUAL PRESUMPTION
Echin, G.R. No. 178551, a foreign law is not pleaded, or if pleaded, document: authenticated copy of the law DOCTRINE!
Oct. 11, 2010 not proved, then the presumption is that pertaining to Kuwait's labor laws.
the foreign law is the same as ours.
Amos v Bellis, 20 SCRA 358 NCC 16 - real property as well as personal Under Texas law, national law of the
property is subject to the law of the country deceased, illegitimate children are not
where it is situated. entitled to the legitimates. Philipine law
cannot be applied in determining sucession
rights of the illegitimate children.
Noveras v. Noveras, G.R. NCC 16 - real property as well as personal NCC 16 clearly states that real property as The properties in the US is awarded
No. 188289, August 20, property is subject to the law of the country well as personal property is subject to the to Leticia (respondent) due to the
2014 where it is situated. //Doctrine of law of the country where it is situated. Thus decree of divorce from the SC of
processual presumption - when a foreign the liquidation shall be only limited to the California on June 25.
law is not pleaded, or if pleaded, not Philippine properties
proved, then the presumption is that the
foreign law is the same as ours.
Raytheon v Rouzie, GR NCC 17 - The forms and solemnities of Petitioner contends that the contract
162894, February 26, 2008 contracts shall be governed by the laws of petitioner and respondent entered into
the country in which they are executed. should be governed by laws of Connecticut,
USA because that was stipulated in their
contract. SC ruled that Philippine laws shall
govern the contract because it was
executed in the Philippines.
Tamano v Ortiz, G.R. No. Judiciary Reorganization Act of 1980 (BP Blg. The Petitioner and Tamano were married in
126603, June 29, 1998 129) provides that RTCs have jurisdiction accordance with the Civil Code. Hence, the
over all actions such as the contract of Civil Code must be applied and not the
marriage and marital relations. such Muslim Code. Consequently, the jurisdiction
complaints like declaration of nullity of will be under the RTCs as said in Sec.19 of
marriage may be commenced and tried BP Blg. 129.
where the plaintiff or defendant resides, or
at the election of the plaintiff.
Llave vs Republic, GR The Muslim Code took effect only on Estrellita was married to the late Sen.
169766, March 30, 2011 February 4, 1977; thus, this law cannot Tamano but Zorayda came forth to claim
retroactively override the Civil Code which that she had a subsisting marriage with him,
already bestowed certain rights on the and that Estrellita's marriage with Sen.
marriage of Sen. Tamano and Zorayda. Tamano was void. Estrellita argued that the
RTC has no jurisdiction to take cognizance of
the case because under Presidential Decree
(PD) No. 1083, or the Code of Muslim
Personal Laws of the Philippines (Muslim
Code), questions and issues involving
Muslim marriages and divorce fall under the
exclusive jurisdiction of sharia courts. The
court ruled that the Muslim Code could not
be retroactively applied as rights from the
Civil Code have already been vested.
Zamoranos v People, G.R. NCC 18 - In matters which are governedby The Court held that it is evident that
No. 193902, June 1, 2011 the Code of Commerce and special laws, Zamoranos is a Muslim who married
their deficiency shall be supplied by the another muslim, De Guzman, under Islamic
provisions of this Code. rites. Accordingly, the nature,
consequences, and incidents of such
marriage are governed by Code of Muslim
Personal Laws (P.D. No. 1083).
Villagracia v Sharia, GR Application of Art. 155 (2) of the NCC The Shari'a District Court can only have
188832, April 23, 2014 jurisdiction if both parties to a case are
Muslims. If not, the RTC or other local
courts will have the jurisdiction.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 5
 Geluz v. CA 2 SCRA 801 The provisional personality of a conceived Oscar Lazo, as the husband, seeks to recover Since an action for damages on
child under Article 40 of the Civil Code damages ON behalf of his unborn child from account of personal injury or death
cannot be invoked because that same article the physician who performed an abortion pertains primarily to the one
expressly limits such provisional personality on his wife, without his consent. It was not injured, given that unborn foetus is
by imposing the condition that the child granted incapable of having rights and
should be subsequently born alive. obligations, no action for such
damages could be instituted on
behalf of the unborn child.
Quimiging v. Icao 34 SCRA NCC 40 and 742. The conceived child shall Petitioner may claim for support for her
134 be considered born for all purposes that are unborn child from the respondent without
favorable to it. Donations made to the need to indicate whether or not the
conceived and unborn children may be unborn child was born.
accepted by those persons who would
legally represent them if they were already
born.
De Jesus v. Syquia 58 Phil The provision of personality of a conceived The court stated that it is a universal rule of The child has a right to know their
866 child according to Art. 40 is invoked in this jurisprudence that a child become a bearer father.
case. The child has a right to know his father of legal rights upon the time he was
and the right to have a name. conceived. They are presumed capable of
being dealt with as a living person. It does
not mean that if the child is not yet born he
is not entitled to the acquisition of rights.
Continental Steel v. Death is defined as the cessation of life. Life There is no need to establish if the unborn
Montano, GR 182836, is not sysnonymous with civil personality. child has civil personality because the right
October 13, 2009 ONe need not acquire civil personlaity to bereavement leave and other death
before he could die. Even a child inside the benefits pertain to the parents and not to
womb already has life, and the cessation the unborn child. Since it has already been
thereof even prior to beign delivered is established that there is death of a
death. The unborn child is also a dependent. dependent, the parents are entitled to
A dependedent is one who relies on another beareavement leave adn other death
for support; one not able to exist or sustaine benefits
oneself without the power or aid of
someone else.
Limjoco v. Intestate Estate NCC 42. Civil Personality is extinguished by The Supreme Court upheld the decision of
of Pio Fragante 80 Phil 776 death. The effect of death upon the rights the Public Service Commission in awarding
and obligations of the deceased is the certificate of public convenience to
determined by law, by contract and by will. operate an ice plant. His death does not
change the economic ability of his estate to
operate the ice plant. Fragante's estate is
given an artificial judicial personality. The
rights and obligations are left to his heirs.

"Person" is deemed to include artificial or
juridical persons to avoid any injustice or
prejudice resulting from the impossibility of
exercising such legal rights and fulfilling
such legal obligations of the decedent as
survived after his death.
Dumlao v. Quality Plastics NCC 42 Civil Personality is extinguished by Court could not have validly served
70 SCRA 472 death. summons to Dumlao as he was already
dead. Thus, the case against Dumlao never
happened.
Eugenio v. Velez 185 SCRA Art. 42: Civil Personality is extinguished by Custody of the dead body was correctly Section 1103 of the Revised
425 death. The effect of death upon the rights awarded to her surviving brothers and Administrative Code: If the
and obligations of the deceased is sister, and not to her live-in partner, deceased was an unmarried man or
determined by law, by contract, and by will. pursuant
t o
S ec.
1 103
o f
t he
R evised
woman, or a child, and left any kin,
Administrative Code. the duty of burial shall devolve
upon the nearest kin of the
deceased.
Marcos v. Manglapus, G.R. Art.37 of the Civil Code. Judicial personality The case of Marcos v Manglapus is about Even though the former president
No. 88211. Oct. 27, 1989 is determined by birth and can only be lost the petition or plan to return of the is already dead, he was still not
through death Marcoses in the Philippines. They also allowed to return to the country
wanted the body of the deceased former because he poses a threat.
president Marcos to return to the
Philippines but it was not allowed because
they claim that the body has no Juridical
personality.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 6
 Valino v Adriano, GR The law simply confines the right and duty Atty. Adriano has a wife, but they eventually
182894, April 22, 2014 to make funeral arrangements to the separated-in-fact. Years later, Atty. Adriano
members of the family to the exclusion of courted Valino and lived as husband and
ones common law partner. wife. He died in 1992. As his family
members were all in United States, Valino
took care of the funeral arrangement. When
the wife learned about the death, she
requested the delay of the interment but it
was not heeded. The remains of Atty.
Adriano were placed at the mausoleum of
the Valino family.The court ordered Valino
to give the body to the legal wife
Berot v. Siapno, G.R. No. NCC 42. Civil personality is extinguished by The Supreme Court upheld the removal of
188944, July 09, 2014 death. Macaria Berot from the impleaded parties
by the Regional Trial Court because she was
already dead before the action was even
filed; thus, no service of summons can be
made to her.
Joaquin v. Navarro 93 Phil NCC 43. If there is a doubt, as between two Statutory presumption does not exist in this
257 or more persons who are called to succeed case as there is enough evidence, in the
each other, as to which of them died first, form of Francisco Lopez's testimony, that
whoever alleges the death of one prior to the son died before the mother.
the death, shall prove the same; in the
absence of proof, it is presumed that they There is no doubt in this case thus the
died at the same time and there shall be no provisions of the law will not apply.
transmission of rights from one to the other.
Catalan vs. Basa, G.R. No. 1948- Feliciano, petitioner, was discharged
159567, July 31, 2007 from military service due to schizophrenic
reactio; 1949- Pet. got married; 1951-
executed an Absolute Deed of Donation to
his sister; 1953- Pet. was declared
incompetent and was appointed with
guardian; 1978- pet. donated lots 1 and 3 to
his children; 1979- sister of petitioner sold
property in issue to her children; 1983-
Petitioner donated lots 2 and 4 to his
children; 1997- guardian filed declaration of
nullity of documents, recovery of possession
and ownership and alleged that property
donated to the sister of petitioner was void
ab initio because he was not of sound mind
and so was incapable of giving valid consent.
Mercado v. Espiritu 37 Phil Once minors entered into a contract Domingo and Josefa (minors) claimed they
215 concealing their minority, they are already were 23 years old when they entered an
estopped from asserting that a contract is agreement. The SC ruled that the sale of
invalid due to their age. They are already real estate, made by minors who pretended
bound by their declaration in the notarized to be of legal age, when in fact they are not,
document. is valid, and they will not be permitted to
excuse themselves from the fulfillment of
the obligations contracted by them, or to
have them annulled in pursuance of the
provisions of law.
Bambalan v. Maramba 51 The sale was void because he was a minor at Bambalans mom received a loan from Doctrine of Mercado vs Espiritu is
Phil 417 the time of the execution, and the other Maramba. When the father died, Bambalan not applicable because the plaintiff
party had full consent about it. was left as the sole heir of his fathers did not pretend to be of age, and
estate. Maramba forced Bambalan, who the defendant knew him as a
was at that time a minor, to sell their land as minor.
payment for the loan. Bambalan signed
because he was forced to do so because
they were threatening his mother with
imprisonment. The sale was void.
Suan Chian v. Alcantara 85 Misrepresentation made by minors that Ramon Alcantara misrepresented himself as
Phil 669 they are of legal age in a contract is bound of legal age in a deed of sale; thus, he binds
by the doctrine of estoppel and therefore himself to fulfill the deed and is estopped
cannot seek for the annulment of said from claiming the contract as voidable due
contract. to vitiated consent.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 7
 Braganza v. Villa-Abrille Failure to declare minority on a contract Petitioners' failure to declare their minority 1.) In other words, petitioners are
105 Phil 456 does not constitute misrepresentation of on the promissory does not constitute not bound to repay the respondent
actual age; therefore, minor party is not misrepresentation of their actual age as in by virtue of the promissory note
bound by the contract. However, if the the Mercado case; therefore, they are not but of the fact that they were
minor benefitted from the contract, he shall actually bound by the contract. However, in benefitted by the loan extended to
make restitution as to the extent the pursuance of Art. 1304 of the Civil Code, them. 2.) Mercado doctrine is not
contract had benefitted him, in pursuance even if their written contract is applicable because petitioners did
of Art. 1304 of the Civil Code. unenforceable because of non-age, they not pretend to be of age. They
shall reimburse to the extent that they may merely did not declare their actual
have profited by the money they received age.
from the respondent.
Atizado vs People, GR No. When the offender is over 15 and under 18 The benefits in favor of children in conflict
173822, October 13, 2010 years of age, the penalty next lower than with the law granted under RA 9344
that prescribed by law is imposed. (Art. 68, (Juvenile Justice and Welfare Act of 2006),
par. 2 of RPC) which aims to promote the welfare of the
minor offenders through programs and
services and is retroactively applied to
Monreal as a convict serving his sentence.
US v. Vaguilar, 27 Phil 88 Article 38. Insanity or imbecilityis a mere The court further held that mere mental
restrictions on capacity to act, and do not depravity, or moral insanity
exempt the incapacitated person from which results not from any disease of the
certain obligations, as when the latter arise mind, but from a perverted
from his acts or from property relations, condition of the moral system where the
such as easements. person is mentally sane, does
not exempt one from criminal responsibility
People v. Rafanan 204 Article 38. Insanity or imbecilityis a mere Rafanan raped Ronaya and claimed that he The allegation of insanity or
SCRA 65 restrictions on capacity to act, and do not was suffering from a mental aberration. The imbecility must be clearly proved.
exempt the incapacitated person from SC said that in order to invoke the defense Legal insanity is total deprivation of
certain obligations, as when the latter arise of insanity it is necessary that there be a reason and intelligence. As laid out
from his acts or from property relations, complete deprivation of intelligence in in People v Formigones,the court
such as easements. committing the act and the accused be ellaborated on the required
Article 39. Insanity modify or limit capacity deprived of reason. The testimony of the standards of legal insanity. (1) Test
to act. The consequences of these doctor claims that Rafanan had knowledge of cognition - complete deprivation
circumstances are governed in this Code, and is capable of reason when he of intelligence in committing the
other codes, the Rules of Court, and in committed the crime. criminal act, and (2) Test of volition
special laws. Capacity to act is not limited on - that there be total deprivation of
account of religious belief or political the will. That fact that he
opinion. threatened her afterwards
indicates that he was aware of the
reprehensible moral quality of the
assault.
Standard Oil v. Arenas, GR Presumption of Capacity to Act: Petitioner is alleged to be suffering from
No. L-5921, July 25, 1911 Capacity to act must be supposed to attach monomania of wealth--meaning that he
to a person who has not previously been thinks he is wealthy but he truly is not. As
declared incapable, and such capacity is such, he acted as surety for a certain loan.
presumed to continue so long as the Nothing in the testimonies indicated that he
contrary be not proved, that is, that at the was anything but normal. The presumption
moment of his acting he was incapable, of capacity is, henceforth, maintained.
crazy, insane, or out his mind: which, in the
opinion of this court, has not been proved in
this case.

On Proving Insanity (being a restriction on
capacity to act, the result being a contract
entered into will become void):

It is not enough that there be more or less
probability that a person was in a state of
dementia at a given time, if there is not
direct proof that, at the date of the
performance of the act which it is
endeavored to invalidate for want of
capacity on the part of the executor, the
latter was insane or demented, in other
words, that he could not, in the
performance of that act, give his conscious,
free, voluntary, deliberate and intentional
consent.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 8
 People v Bugalao, GR Article 38. Insanity or imbecilityis a mere AAA was raped by Bugalao and then The court stated that those who
184757, Oct. 5, 2011 restrictions on capacity to act, and do not Bugalao was claimed to be suffering from raises the exempting circumstance
exempt the incapacitated person from mental retardation but it was found that he of insanity has the burden of
certain obligations, as when the latter arise was able to descern what is right and proving it with convincing evidence.
from his acts or from property relations, wrong. The court also held that insanity
such as easements.Article 39. Insanity entails that the person is completely
modify or limit capacity to act. The deprived of reason or discernment and
consequences of these circumstances are freedom of will at the time of the
governed in this Code, other codes, the commission of the crime.
Rules of Court, and in special laws. Capacity
to act is not limited on account of religious
belief or political opinion.
Oropesa v Oropesa, GR Section 2 Rule 92 of the Rules of Court Nilo failed to formallyoffer his documentary
184528, April 25, 2012 provides that persons who though of sound evidence. As such the only evidence he
mind but by reason of age, disease, weak submitted to the court were the testimonies
mind or other similar causes, are incapable of him and his sister, both of whom have
of taking care of themselves and their interest in their father's real and personal
property without outside aid are considered property, and their father's former
to be incompetents who may be properly caretaker who admitted to be acting under
placed under guardianship. A finding tht a their dierection. Furthermore, the only
person is incompetent should be anchored medical document on record, the Report of
on clear, positive and definite evidence. Neurophyshological Screening, had negative
results regarding memory lapses and
contained findings that Cirilo on the average
is competent. As such Nilo has failed to
prove in clear, positive and definite
evidence that Cirilo is incompetent.
Crewlink v Teringtering, GR Insanity is a condition of the mind not The important part of this case is
166803, October 14, 2012 susceptible of the usual means of proof. As the definition of insanity used by
no man would know what goes on in the the Supreme Court. This will used
mind of another, the state or condition of a again in Voidable Marriages -
persons mind can only be measured and Insanity in our syllabus
judged by his behavior. Establishing the
insanity of an accused requires opinion
testimony which may be given by a witness
who is intimately acquainted with the
person claimed to be insane, or who has
rational basis to conclude that a person was
insane based on the witness own
perception of the person, or who is qualified
as an expert, such as a psychiatrist.
Cordora vs COMELEC, Mercado v Manzano describes dual Dual citizenship is not a ground for Dual Citisenship is INVOLUNTARY.
February 19, 2009 citizenship as when a person is a national of disqualification because it is the Dual Allegience (loyal to 2/ more
both states (states of bothe parents) as circumstance of his birth. states) is a result of own volition.
result of the consurrent application of the
different laws of 2 or more states.
Reyes v COMELEC, G.R. No. The law requires that Regina Reyes must Regina Ongsiako Reyes won and was
207264, June 25, 2013 have 1) take the oath of allegiance to the proclaimed winner in the 2013 election as a
Republic of the Philippines before the member of HoR for the lone district of
Consul-General of the Philippine Consulate Marinduque. But, she was questioned due
in the USA 2) make a personal sworn to the lack of Filipino residency and
renunciation of her American citizenship citizenship after living sometime in the U.S.
before any public officer authorized to
administer an oath. Without meeting the
requirements, she is ineligible to hold a seat
in the public office.
Go v. Republic, G.R. No. In Judicial Naturalization (Citizenship), the The Petitioner's witnesses' testimonies did
202809, July 02, 2014 application must show substantial and not establish their qualification to stand as
formal compliance with C.A. No. 473 such in a naturalization proceeding. The
(Revised Naturalization Law), applicant must witnesses were not able to give their
comply with the jurisdictional requirements, opinions providing qualifications of the
establish his possession of the qualifications petitioner proving him worthy to become
and none of the disqualifying traits Filipino citizen.
enumerated under the law, and present at
least 2 character witnesses to support his
allegations.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 9
 David v Agbay, G.R. No. Article 39 which states that Alienage Alienage modifies or limits capacity to act. R.A. 9225 or Citizen Retention and
199113 March 18, 2015 modifies or limits capacity to act. Petitioner made the unthruthful statement Reacquisition Act of 2003 provides
in the Miscellaneous Lease Application that that those natural-born Filipinos
he is a Filipino at the time of the filing of who have lost their citizenship by
MLA application, when in fact at that time, naturalization in a foreign country
he is still a canadian citizen. When he are deemed born to have re-
acquired Philippine citizenship under R.A. acquired their Philippine
9225 six months later, the falsification was Citizenship upon taking the oath of
already consummated. allegiance to the Republic of the
Philippines.
Olaguer v Purugganan, GR Article 381 of the Civil Code for absence and As a general rule, a Power f Attorney must
158907, February 12, 2007 Article 38 for incapacity be strictly construed. However,the rule is
not absolute and should not be applied to
the extent of destroying the very purpose of
the power. The constructionthat should be
adopted is that which will carry out instead
of defeating the purpose of the apointment.
In this case, limiting the definition of
absence and incapacity to Article 381 and 38
respecively would create absurd legal
situations. As such, for the purpose of this
Special Power of Attorney, Absence and
Incapacity should be interpreted in their
everyday usage, that is, the state of not
being present and the inablity to act
Umale v ASB Realty, GR Being placed under corporate rehab and A lot was owned by Amethyst Pearl, which is
181126, June 15, 2011 having a receiver appointed to carry out the wholly-owned by ASB realty. Amethyst was
rehabilitation plan does not deprive a liquidized and ASB took control of the land.
corporation and its offices to recover ASB filed against one Leonardo Umale for an
unlawfully detained property. unlawful detainer. Umale was hired to
conduct a pay parking business, but
continued occupying after his contract
expired. He contends that ASB is not his
lessor, and that Amethyst Pearl is. He also
contends that since ASB was placed under
receivership and a rehabilitation receiver
had been appointed, they could not file for
an unlawful detainer. Court ruled the
opposite. Section 14, rule 4 of the interm
rules expressly limits receivers power by
providing that the rehabilitation receiver
does not take over the management, but
shall only closely monitor the company.
Heirs Of Favis, Sr. v To determine the intrinsic validity of the That although age of senility varies from one
Gonzales, et al., GR. No. deed of donation subject of the action for person to another, to reach the age of 92
185922, Jan. 15 2014 annulment, the mental state/condition of with all those medications and treatment
the donor at the time of its execution must one have received for those illnesses, yet
be taken into account. Factors such as his claim that his mind remains unimpaired,
age, health and environment among others would be unusual.
should be considered.
Romualdez-Marcos vs Domicile: "denotes a fixed permanent Facts Establishing Imelda's Domicile: Legarda just asked what were the
COMELEC, 248 SCRA 300 residence to which when absent for When she was 8 yrs. old, she was domiciled facts that establish 'intent to
business or pleasure, or for like reasons, one in Tacloban return'. I think 'intent to return'
intends to return" She stayed there even until after graduating concept is the most important
College. She taught in Leyte Chinese School. thing in this case.
To successfully effect a change of domicile,
one must demonstrate: She may have kept various residences for
various purposes (Ilocos Norte to be with
1. An actual removal or an actual change husband Ferdinand as Congressman, Manila
of domicile; when he was Senator then President, then
2. A bona fide intention of abandoning stayed temporarily in Hawaii after exile)
the former place of residence and
establishing a new one; and She always kept relations with domicile
3. Acts which correspond with the Birthday celebrations were spent there.
purpose. She made sure that there'd be well-
publicized projects for the benefit of the
Residence in the civil law is a material fact, Province.
referring to the physical presence of a She also attempted, via letter to PCGG, to
person in a place. A person can have two or rehabilitate her ancestral house in
more residences, such Tacloban... to make them livable for the
as a country residence and a city residence. Marcos family... "to have a home in our
homeland."
In election law, residence and domicile are

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 10
 synonymous.

There can only be one domicile.

Jalosjos v COMELEC, GR Jurisprudence has laid down the following Petitioner was born in Zamboanga,
191970, April 24, 2012 guidelines: transferred to QC, then to Australia. Then,
(a) every person he left Australia for good and since then,
has a domicile or residence somewhere; stayed back in Zamboanga. Pertinent facts
(b) where once established, that domicile that prove intention to change domicile
remains until he acquires a new one; and back to Zamboanga:
(c) a person can have but one domicile at a
time He reacquired his old citizenship by taking
an oath of allegiance to the Republic of the
Philippines, resulting in his being issued a
Certificate of Reacquisition of Philippine
Citizenship by the Bureau of Immigration. By
his acts, Jalosjos forfeited his legal right to
live in Australia, clearly proving that he gave
up his domicile there. And he has since lived
nowhere else except in Ipil, Zamboanga
Sibugay.
Lupo Atienza v. Judge Art. 40 is applicable to marriages entered Judge Brillantes married the wife of
Brilliantes, 243 SCRA 32 into after the effectivity of the FC on August petitioner on 1991, and argues that his first
3, 1988 regardles of the date of the first marriage is null and void due to the absence
marriage. of a marriage license. But the court ruled
that for him to be able to remarry he
needed a judicial declaration that the
previous marriage is truly null and void.
Bernabe vs. Alejo, 374 Art. 225 of Family Code: This code shall have On Sept. 18, 1981, The son of late Bernabe In the Family code, action for
SCRA 180 retroactive effect insofar as it does not and his secretary was born; August 13, recognition of an illegitimate child
prejudice or impair vested or acquired rights 1993, Bernabe died; December 3, 1993, must be brought within the lifetime
in accordance with the Civil Code or other Wife of Bernabe died. (Leaving legitimate of the alleged parent In the Civil
laws. daughter of Bernabe as sole surviving heir); Code, The action for the
May 16, 1994, the secretary on behalf of her recognition of natural children may
son, prayed that her son be declared be brought only during the lifetime
illegitimate and be given shares of of the presumed parents, except in
Bernabe's estate. the following cases: (1) If the father
or mother died during the minority
of the child, in which case the latter
may file the action before the
expiration of four years from the
attainment of his majority; (2) If
after the death of the father or of
the mother a document should
appear of which nothing had been
heard and in which either or both
parents recognize the child. In this
case, the action must be
commenced within four years from
the finding of the document.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 11
 Fuentes vs. Roca, G.R. No. FC 256. This Code shall have retroactive The family code is retroactive because FC The parties were married under the
178902, April 21, 2010 effect insofar as it does not prejudice or 256 expressly provides for it. It can govern NCC; the property was sold in 1989.
impair vested or acquired rights in conjugal partnerships pre existing prior to Thus, the sale was void.
accordance with the Civil Code or other the FC's creation. Promulgated on August 3,
laws. 1988 and the contract was effective October
of 1988. Thus, the Family Code will govern
instead of the NCC and the contract was
void.
Obergefell Et Al. v. Hodges, The US Constitution allows an individual to Marriage is a fundamental right under the 4 principles in relation to marriage:
Director, Ohio Department seek protection for a violation of their rights Constitution which can apply to same-sex 1. right to personal choice (indiv's
Of Health, Et Al. Supreme as the 14th Amendment garantees equal couples as well. autonomy) 2.right to marry is a
Court Of The United States, protection of the laws. fundamental cause supporting a 2
Nos. 14556, 14-562,14- person union 3. safeguard children
571 and 1457, 200 U. S. and family 4. marriage is a key
321 stone of our social order.
Goitia vs Campos-Rueda, Upon marrying, a new relation between the Even if petitioner wife had left the conjugal Justice Moreland: A husband
35 Phils 252 husband and wife takes place, wherein home, the husband may still be compelled cannot, by his own wrongful acts,
rights and obligations therein shall be to provide support for the wife because one relieve himself from the duty to
governed by laws and not by mere of the obligations that arises upon marriage support his wife imposed by law;
agreements between the parties. is the husbands duty to support his wife. and where a husband, by wrongful,
The reason the wife moved out of the house illegal, and unbearable conduct,
is that the husband was beating her. drives his wife from the domicile
fixed by him, he cannot take
advantage of her departure to
abrogate the law applicable to the
marital relation and repudiate his
duties thereunder.
Sermonia v Republic, 233 Principle of constructive notice should not The non-application to the crime of bigamy
SCRA 155 be applied in regard to the crime of bigamy of the principle of constructive notice is not
as judicial notice may be taken of the fact contrary to the well entrenched policy that
that a bigamous marriage is generally penal laws should be construed liberally in
entered into by the offender in secrecy from favor of the accused. To compute the
the spouse of the previous subsisting prescriptive period for the offense of
marriage. bigamy from registration thereof would
amount to almost absolving the offenders
thereof for liability therefor.
Perido v Perido, 63 SCRA Every intendment of law leans toward Petitioners' arguments and evidences were
97 marriage. A presumption established by our weak and insufficient to rebut the
Code of Civil Procedure is "that a man and presumption of marriage.
woman deporting themselves as husband
and wife have entered into a lawful contract
of marriage." Semper praesumitur pro
matrimonio Always presume marriage."
Silverio vs Republic, A persons first name cannot be changed on The basis of the petitioner was sex Petitioner is gay an had a sex
October 22, 2007 the ground of sex reassignment. No reassignment. He changed it to be reassignment to change his first
correction must involve the change of compatible with his sex he transformed name in accordance to his 'sex.'
nationaity, age, status, or sex. This law is himself into. However, a change of name Also it does not meet the essential
governed by R.A. 9048 does not alter ones' legal capacity or civil requisites of marriage.
status.
People v De La Cruz, G.R. Marriage Certificate is the best proof of Victoriano Dela Cruz was charged with
No.187683, February 11, proving marriage but the declaration that Parricide. In order to prove that he
2010 someone is your spouse can also be committed parricide it must be proven that
considered. the woman was his wife. The court took into
consideration his testimony when he said
that she is his wife.
De Santis v Intestate Estate NCC 410. The books making up the civil The birth certificate of Sylvia Desantis,
Jalandoni, December 1, register and all documents relating thereto which indicated that her mother was
2010 shall be considered public documents and married to a man other than the brother of
shall be prima facie evidence of the facts the respondent, was deemed as prima facie
therein contained. evidence of her marriage. Due to this
presumption, Sylvia's heirs were held unable
by law to administer the estate of the
respondent's brother.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 12
 Cercado-Siga v. Cercado, FC 1 Marriage is a special contract of The Supreme Court ruled that a Marriage Rules of Court - Evidence - Rule 131
Jr., G.R. No. 185374, March permanent union between a man and a Contract (Contrato Matrimonial, in the case) Section 3. Disputable
11, 2015 woman can be used as evidence of the existent of presumptions. The following
marriage but it must be properly presumptions are satisfactory if
autheticated. uncontradicted, but may be
contradicted and overcome by
other evidence:
Church registries of birth, marriage and
death are not considered as public (aa) That a man and woman
documents thus there is still a need to deporting themselves as husband
authenticate such documents. and wife have entered into a lawful
contract of marriage;
The requirement to register the marriage to
the civil registrar does not ipso facto make it
a public document
Espinosa v Atty. Omana, FC 1 Marriage is not subject to stipulation, The notarized "Kasunduan ng Paghihiwalay"
A.C. No. 9081, October 12, except that marriage settlemet may fix the is void as it was contracted after the
2011 property relations during the marriage celbration of the marriage.
within the limits provided by this Code.
Marriage settlement can only be contracted
before marriage.
Hermosisima v. CA 109 Phil breach of promise to marry is not actionable The complainant was 10 years older than
629 when a party "surrendered herself" even the petitioner, and "surrendered herself" to
before having the benefit of clergy. the latter because "overwhelmed by her
love" for him, she wanted "to bind" hom by
having a "fruit" of their engagement even
before they had the benefit of clergy. There
is no actionable wrong.
Wassmer v. Velez 12 SCRA Breach of promise to marry not an The couple underwent the process of
648 actionable wrong. But the injured party can preparing invities, buying dresses, etc. Then,
still claim for moral damages if an act just days of the marriage, Velez sent a letter
against good customs was done to Wassmer stating he won't marry her.
Tanjanco v. CA Mutual Passion. When intimate sexual Guy promised that he will marry the girl so
relations continued for one whole year, the girl agreed to have carnal knowledge
without exacting early fulfillment of the with the him. One year after, she conceived
alleged promises of marriage, there is no a child. She wanted the guy to marry her but
case made under Article 21 of the Civil Code the guy broke their engagement. Court
ruled that there was mutual passion so she
cant file a case under Art 21
Baksh v. CA, 219 SCRA 115 Breach of promise to marry is not an No intention of marrying the girl and that
actionable wrong, but an aggrieved party the promise was only a subtle scheme or
can still claim for damages, but on grounds deceptive device to entice or inveigle her to
of fraud and deceit. accept him and to obtain her consent to the
sexual act, could justify the award of
damages pursuant to Article 21 not because
of such promise to marry but because of the
fraud and deceit behind it and the willful
injury to her honor and reputation which
followed thereafter.
Abanag v Mabute, AM P- Mere sexual relations between two The Court ruled that it cannot intrude into
11-2922, April 4, 2011 unmmaried and consenting adults are not the question of whether an adult couple
enough to warrant administrative sanction who had been engaged in consensual sexual
for illicit behavior. The Court has repeatedly relations, should or should not marry.
held that voluntary intimacy between a man
and a woman who are not married, where
both are not under any impediment to
marry and where no deceit exists, is neither
a criminal nor an unprincipled act that
would warrant disbarment or disciplinary
action.
Mariategui v. CA 205 SCRA The laws presume that a man and a woman, Lupo had children with different women
337 deporting themselves as husband and wife, and lived with his last "wife". Their
have entered into a lawful contract of community believed that they were legally
marriage married, so in the eyes of the court, they are
as a presumption
De Mijares vs Villaluz, 274 If formal and essential requisites of Respondent judge's argument that what he This case was not about his bigamy
SCRA 1 marriage under Articles 3 and 4 of the contracted with Petitioner was nothing but case but only about his immoral act
Family Code are satisfied and complied a "sham" marriage cannot be accepted in of committing subsequent
with, then it is a valid marriage. Court. The very fact that the essential and marriages.
formal requisites of marriage were fulfilled,
it is considered a valid marriage. Therefore,
he is liable for bigamy. Respondent was
suspended and was given a stern warning.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 13
 Silverio vs Republic, G.R. All the essential and formal requisites under Even though respondent claims that his Respondent is still subject to a
No. 174689, October 22, Article 3 and 4 of the Family code, if subsequent marriage - without his first charge of bigamy. This is just a case
2007 satisfied, constitues a valid marriage. marriage being formally declared - was a about his suspension
"sham" marriage and was not in fact real, it
was considered valid since it complied with
the essential and formal requisites.
Garcia vs. Recio, 365 SCRA A divorce decree obtained abroad by an A Filipino was divorced by his Australian
437 alien may be recognized in our jurisdiciton, spouse prior to his acquiring Australian
provided such decree is valid according to citizenship. To enable him to validly remarry
the national law of the foreigner. However, a Filipino, he was required to either present
the divorce decree and the governing proof of his legal capacity issued by his
personal law of the alien spouse who Embassy or have the Australian divorce
obtained the divorce must be proven. decree recognized by a Philippine court,
otherwise his second marriage is void-
bigamous.
Te vs. Choa, G.R. No. FC 40. The absolute nullity of a previous The act of bigamy by the petitioner was
126446, Nov. 29, 2000 marriage may be invoked for purposes of committed upon the presumption of
(346 SCRA 327) remarriage on the basis solely of a final marriage, since a judicial declaration
judgment declaring such previous marriage rendering his marriage null was yet to be
void. declared. Thus, petitioner cannot seek the
suspension of his criminal proceedings in
favor of a civil case of nullity of his marriage
because the crime was committed during
the marriage.
Nollora v People, GR Art. 13 (2), The Code of Muslim Personal The Supreme Court ruled that Atilano Although the truth or falsehood of
191425, September 7, Laws - In case of a marriage between a Nollora cannot claim the right to have more the declaration of one's religion in
2011 Muslim and a non-Mulism, solemnized not than one marriage being a muslim because the marriage is not an essential
in accordance with Muslim law or this Code, his professed religion in his first marriage requirement for marriage, his
the Civil Code of the Philippines shall apply. was Catholic and not Muslim. omissions are sufficient proofs of
his liability for bigamy. His false
declaration about his civil status is
thus further compounded by these
omissions.
Avenido v Avenido, G.R. While a marriage certificate is considered as In this case, due execution was proven by
No. 173540, Jan 22 2014 the primary evidence of a marital union, it is the testimonies of Adelina and Peregrina
not regarded as the sole and evidence of herself. The subsequent loss was shown by
marriage. Jurisprudence teaches that the the testimony and the affidavit of the
fact of marriage may be proven by relevan officiating priest, Monsignor Yllana. Since
evidence other than the marriage due execution and subsequent loss has
certificate. In order fo secondary evidence been established, secondary evidence may
could be introduced, due execution and loss be admitted to prove marriage.
ofthe marriage contract must be
established.
Anaya vs Palaroan, Nov. FC 46. (5)/ NCC 86. No other The enumeration consisting fraud is
26, 1970 misreprestation or deceit as to character, exclusive and that non-disclosure of a
health, rank, fortune or chastity shall husband's pre-marital relationship with
constitute fraud as will give grounds for another woman is not included and does
action for the annulment of marriage. not constitute concealment or fraud.
Villanueva vs CA, 505 Scra Consent gotten through force and But for this case, the court said that it's Lack of cohabitation is not a ground
564 intimidation is a ground to annul marriage impossible that the complainant is not to annul marriage.
knowledgeable of any form of self-defense
because he worked as a security guard
Jimenez v. Caizares 109 Condition of potency is presumed. The one Jimenez filed a petition for nullity of The court cannot compel a party to
Phil 27 alleging has the burden of proving marriage on the groud that the orifice of her undergo physical examinations.
impotence vagina was too small for penetration.
Canizares did not undergo physical
examination and the court annulled the
marriage.
Alcazar v Alcazar, G.R. No. Art. 45(5) of the FC refers to lack of power No evidence was presented in the case at
174451, October 13, 2009 to copulate. Incapacity to consumate bar to establish that the respondent was in
denotes PERMANENT inability to on the part any way physical incapacitated to
of the spouse to perform the complete act consummate the marriage because the
of sexual intercourse. respondent was only suffering of Narcissitic
Personality disorder.
Republic v. CA, 236 SCRA non-issiance of a marriage license renders The certificate of "due search and inability First and last time this will happen.
257 the marriage null and void. to find" issued by the civil registrar of Pasig
is adequate the office did not issue a
marriage license.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 14
 Sy vs. CA, G.R. No. 127263, No marriage license on the day of the The petitioner, in trying to get her marriage
April 12, 2000 celebration = no marriage at all void under psychological incapacity, raises
the issue of the lack of a license when her
marriage celebration for the first time.
September 17, 1974 is the date of issue of
the marriage license, and it is indicated in
the marriage contract. The date of the
celebration was November 15, 1973. The
evidence is clear, and the marriage was
void. The case of psychological incapacity
became moot.
Alcantara vs. Alcantara, A valid marriage license is a requisite of To be considered void on the ground of
G.R. No. 167746, Aug. 28, marriage, the absence of which renders the absence of a marriage license, the law
2007 marriage void ab initio. requires that the absence of such marriage
license must be apparent on the marriage
contract, or at the very least, supported by a
certification from the local civil registrar
that no such marriage license was issued to
the parties.
De Castro v De Castro, G.R. Failure to obtain and present a marriage The parties had an expired marriage license A false affidavit of five-year
No. 160172, February 13, license renders the marriage void ab initio. but they executed an affidavit stating that cohabitation results in the absence
2008 If a sworn affidavit is a lie, then it is but a they were living together as husband and of a valid marriage license.
mere scrap of paper, without force and wife for 5 years when in fact they didnt. So
effect. Hence, it is as if there was no the marriage was celebrated without a
affidavit at all. marriage license. The court ruled that the
marriage was void ab initio because it cant
be considered merely as an irregularity
because they didnt qualify for the exception
to the requirement for a marriage license.
Abbas vs Abbas, G.R. No. Certification issued by the civil registrar The parties were married with the marriage In this particular decision, the
183896, January 30, 2013 regarding the absence of the marriage license No. 9969967. However, in the Supreme Court impliedly ruled that
license enjoys probative value as his duty Municipal Civil Registrar marriage license if the first marriage is void then you
was to maintain records of data relative to No. 9969967 was to another couple and not are not liable for bigamy even
the issuance of a marriage license to Abbas. The Municipal Civil Registrar then though you entered into a
issued a certification that the said license subsequent marriage without first
could not be found after a diligent search acquiring a judicial declaration of
was conducted. Said certification nullity
constitutes as sufficient proof that there
was no marriage license thus making the
marriage void due to the absence of one of
the formal requisites.
Alcantara vs Alcantara, GR To be considered void on the ground of
No. 167746, Aug. 28, 2007 absence of a marriage license, the law
A valid marriage license is a requisite of requires that the absence of such marriage
marriage, the absence of which renders the license must be apparent on the marriage
marriage void ab initio. contract, or at the very least, supported by a
certification from the local civil registrar
that no such marriage license was issued to
the parties
Nial vs. Bayadog, G.R. Marriages Exempt from the License The five year cohabitation period should be
133778, Mar. 14, 2000 Requirement the years immediately before the day of the
marriage and it should be a period of
Art. 34. No license shall be necessary for the cohabitation characterized by exclusivity
marriage of a man and a woman who have meaning no third party was involved at any
lived together as husband and wife for at time within the 5 years and continuity that
least five years without legal impediment to is unbroken.
marry each other.

The cohabitation of Pepito and Norma did
not fulfill this requirement.
Republic vs Dayot, March Exemption from Marriage License - Jose and Felisa failed to fulfill the five year
28, 2008 Cohabitation period of cohabitation to be excused from
the requirement of marriage. They only
started living together in June 1986, barely
five months from the celebration of their
marriage on Novermber of the same year
Aranes vs Occiano, 380 Under BP Blg. 129, the authority of the RTC The respondent judge solemnized the
SCRA 402 judges and judges of inferior courts to petitioner's marriage outside his
solemnize marriages is confined to their jurisdiction. Marriage is still valid but with
territorial jurisdiction as defined by the irregurality.
Supreme Court.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 15
 Navarro v. Domagtoy S.C. Art. 7 "...any incumbent member of the Respondent was suspended and was given a If outside = marriage: w/
A.M. MTJ-96-1088, July 19, judiciary within the Court's jurisdiction..." stern warning. irregularity in formal req but valid
1996 Judges who are appointed to specific Officiating official: administratively
jurisdictions may officiate in weddings only liable
within said areas and not beyond.
Beso v Daguman, 323 SCRA FC 8 - A solemnizing officer may only The marriage of Castro and Cardenaz did
566 (2000) solemnize a marriage outside his jurisdiction not match any of the exemptions.
if either of both parties are at the point of
death, if either part lives in a remote area or
by the written request of both parties.
Ronulo vs. People of the Article 352 of the RPC penalizes an The petitioner Aglipayan minister was liable Status of marriage: VOID (due to
Philippines, G.R. No. authorized solemnizing officer who shall for Art. 352 of the RPC because he absence of marriage license)
182438, July 2, 2014 perform or authorize any illegal marriage proceeded to solemnize the marriage even
ceremony. The elements of this crime are as if he knew that marriage license was not
follows: (1) authority of the solemnizing obtained by the couple; thereby making the
officer; and (2) his performance of an illegal marriage ceremony illegal.
marriage ceremony.
Villar v. Paraiso 96 Phil 659 NCC 92 and 94. Authorization and Respondent was banned from holding
resignation of solemnizing officers must be public office. He had failed to register his
registered with the Bureau of Public resignation as soleminizing officer with the
Libraries. Bureau of Public Libraries; thus, he is still
presumed to be a solemnizing officer to the
public, invalidating his right to public office.
cf. Tenchavez v. Escao, 15 Separation of Church and State SC ruled, the lack of ecclesiastical authority
SCRA 355 at page 360 of the chaplain as required by Canon Law is
irrelevant in our Civil Law because of the
separation of Church and State
Martinez v. Tan 12 Phil 731 The certificate showed that a marriage took She claimed that the marriage was not valid this girl is stupid.
place and it was signed by both parties. It is since she never appeared before the justice
presumed that the officer authorized the of peace and was never married to Tan. She
marriage in due form. The parties appeared admits to signing the document in her own
before the justice of peace declaring that home, without reading it, at the request or
they took each other as husband and wife. the defendant thinking it was an
The presumption that the marriage took authorization for her parents consent.There
place was corroborated by the admission of was an actual marriage. Martinez was there
Martinez to the effect that she had to sign the marriage contract. She just said
contracted the marriage certified in the that she didnt cause her parents wanted her
document signed by her. Martinez to get out of the marriage.
admission can only mean the parties
mutually agreed to unite in marriage when
they appeared and signed the said
document before the justice of peace who
signed the same.
COMPARE TO: Morigo v No marriage ceremony atr all was lucia married lucio Canada leaving lucio Morigo is the onlu instance where
People, G.R. No. 145226. performed by a dulky authorized and filed for petition for divorce in Ontario no bigamy was adjudged despite
February 06, 2004 solemnizing officer. the parties merely which was granted. the following facts: 1) both
signes a marriage contract on their own. The lucio married maria lumbago. He filed for mariages took place during the
mere private act of signiing a marriage declaration of nullity in the RTC of bohol on effectivity of the family code; 2) the
contract bears no semblance to a valid the grounds that no marriage actually took second marriage took place after
marriage and thus, needs no declaration of place (Civil Case 6020). He was then charged an unrecognized foreign divorce
nullity. such act alone, without more, with bigamy (Criminal Case 8688) filed by decree was obtained; and 3) the
cannot be deemed to constitute an the RTC prosecutor in which he was action for nullity of the first
ostentibly valid marriage for which declared guilty. marriage was filed after the
petitioner might be held liable for bigamy he filed an appeal (CA GA CR No. 20700) and complaint of bigamy was filed
unless he first secures a judicial declaration while this was pending, the decision for
of nullity before he contracts a subsequent CC6020 or the filing for nullity was made
marriage. and it was declared that marriage was void
ab initio, marriage contracr was cancelled
since no marriage ceremony actually took
place.
the CA affirmed the appealed decision re:
bigamy case
. petitioner moved for reconsideration
because he claims that he contracted
second marriage in good faith. And the date
of nullity retroacts the dateof the first
marriage which was void ab initio- therefore
they were never married and therefore
there cannot be bigamy.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 16
 People v. Borromeo 133 There is no better proof of marriage than Accused admitted in his testimony that he is
SCRA 106 the admission of the accused of the married to the deceased, which he allegedly
existence of such marriage.The same is an murdered. This is despite the fact that such
'admission against interest' (and so it must admission modifies his crime from murder
be given credence for despite the fact that to parricide, thereby upgrading the penalty.
the accused will be prejudiced by said
admission, he nevertheless made the same.)
Yao Kee v. Sy-Gonzales, The law requires a custom must be proved Petitioners did not present any competent
167 SCRA 786 as a fact according to the rules of evidence. evidence relative to the law and custom of
To establish a valid foreign marriage 2 things China on marriage.
must be proven (1) existence of the foreign
law as a question of fact and (2) the alleged
foreign marriage by convincing evidence.
Republic vs. Orbecido III, A marriage between two citizens of the The parties were both Filipino citizens when
G.R. No. 154380, October Philippines can be divorced if one party was they got married. Later on the woman
5, 2005 naturalized as a citizen of another became a naturalized citizen of the US and
country.The reckoning point is not the she sought for divorce. The SC ruled that
citizenship of the parties at the time of the this can be allowed because the reckoning
celebration of the marriage, but their point is the citizenship of the parties when
citizenship at the time a valid divorce is the divorce was validly obtained.
obtained abroad by the alien spouse
capacitating the latter to remarry.
Fujiki v Marinay, G.R. No. For Philippine courts to recognize a foreign For Philippine courts to recognize a foreign
196049, June 26, 2013 judgment relating to the status of a judgment relating to the status of a
marriage where one of the parties is a marriage where one of the parties is a
citizen of a foreign country, the petitioner citizen of a foreign country, the petitioner
only needs to prove the foreign judgment as only needs to prove the foreign judgment as
a fact under the Rules of Court. To be more a fact under the Rules of Court. To be more
specific, a copy of the foreign judgment may specific, a copy of the foreign judgment may
be admitted in evidence and proven as a be admitted in evidence and proven as a
fact under Rule 132, Sections 24 and 25, in fact under Rule 132, Sections 24 and 25, in
relation to Rule 39, Section 48(b) of the relation to Rule 39, Section 48(b) of the
Rules of Court.49 Petitioner may prove the Rules of Court.Petitioner may prove the
Japanese Family Court judgment through (1) Japanese Family Court judgment through
an official publication or (2) a certification or (1) an official publication or
copy attested by the officer who has (2) a certification or copy attested by the
custody of the judgment. If the office which officer who has custody of the judgment.
has custody is in a foreign country such as If the office which has custody is in a foreign
Japan, the certification may be made by the country such as Japan, the certification may
proper diplomatic or consular officer of the be made by the proper diplomatic or
Philippine foreign service in Japan and consular officer of the Philippine foreign
authenticated by the seal of office. service in Japan and authenticated by the
seal of office
Lesaca v. Lesaca, 91 Phil Art. 148: In cases of cohabitation not falling The second wife was claiming that the
135 under the preceding Article, only the money which was used by her husband to
properties acquired by both parties through acquire a land (before they even got
their actual joint contribution of money, married) was considered conjugal property.
property, or industry shall be owned by It is not. The mere fact that it was returned
them in common in proportion to their or repaid after marriage cannot convert it to
respective contributions. In the absence of conjugal property if there is no proof that
proof to the contrary, their contributions the sum paid to Garcia (seller of land) was
and corresponding shares are presumed to earned by the joint efforts of the deceased
be equal. The same rule and presumption and his widow.
shall apply to joint deposits of money and
evidences of credit.
Yaptinchay v. Torres, 28 Art 144 of the Civil Code stated that when a Since the second marriage was void
SCRA 489 man and a woman live together as husband bigamous, the second wife shall prove that
and wife, and not married, or void from the the property that she will administer is
beginning, their property shall be governed acquired together through their work or
by rules of co-ownership. industry, or their wages and salary.
Eugenio v. Velez, G.R. No.
85140 May 17, 1990
Estrada v Escritor, A.M. No. Freedom of religion clause was used as a Court interpreter was cohabiting with a man
P-02-1651, August 4, 2003 defense to the supposed immoral act of the despite a subsisting marriage with another
court interpreter. Not a doctrine, but an man. But, in her congregation, such act is
exception to the doctrine. considered acceptable.
Alcantara v Alcantara, GR A valid marriage license is a requisite of To be considered void on the ground of
NO. 1677446, Aug. 18, marriage, the absence of which renders the absence of a marriage license, the law
2007 marriage void ab initio. requires that the absence of such marriage
license must be apparent on the marriage
contract, or at the very least, supported by a
certification from the local civil registrar

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 17
 that no such marriage license was issued to
the parties

So v Valera, GR 150677, A married couple cannot simply nullify their The court could not have ruled on the
June 5, 2009 marriage through non-appearance of one validity of the marriage for essential and
spouse and the uncorroborated declaration formal deficiencies, since there was no
by the other spouse that the marriage did evidence and no RTC ruling on this point to
not really take place. evaluate and rule upon on appeal
Republic v Dayot, G.R. No. The requirement of marriage license cannot The falsification of a sworn affidavt of
175581, March 28, 2008 be substitued by a false sworn affidavit of cohabitaiton is not a mere irregularity, the
cohabitation affidavit is done under oath. If such affidavit
is a lie then it is a mere scrap of paper
without force or effect. There is no affidavit
at all. There is also no marriage license thus
Jose and Felisa's marriage is void ab initio
Abbas vs Abbas, G.R. No. See Abbas
183896, January 30, 2013
Wiegel v. Sempio-Diy, 143 Bigamous marriages under the civil code Petitioner seeks to nullify her first marriage, This case was ruled under the civil
SCRA 499 (1986) were not considered criminal. on the grounds that her first husband was code and there is no mention of
married before. The court ruled that there is bigamy on this case.
no need to prove that her first husband was
marriage because she would still need to file
a declaration of nullity and hence here
second marriage is void.
Terre v. Terre, 211 SCRA 6 For purposes of determining whether a SC ruled that, even if Jordan's first marriage
person is legally free to contract a second was void, his subsequent marriage was
marriage, a judicial declaration that the first deemed void-bigamous because a judicial
marriage was null and void ab initio is declaration for the nullity of the first
essential. Without the declaration, marriage has not been obtained.
subsequent marriage contracted would be
deemed bigamous and criminal in character.
Domingo v. CA 226 SCRA Art. 43. When a marriage is declared void ab initio,
572 (2) The absolute community of property or the law states that the final judgment
the conjugal partnership, as the case may therein shall provide for "the liquidation,
be, shall be dissolved and liquidated, but if partition and distribution of the properties
either spouse contracted said marriage in of the spouses, the custody and support of
bad faith, his or her share of the net profits the common children, and the delivery of
of the community property or conjugal their presumptive legitimes, unless such
partnership property shall be forfeited in matters had been adjudicated in previous
favor of the common children or, if there judicial proceedings."
are none, the children of the guilty spouse
by a previous marriage or, in default of
children, the innocent spouse;

(3) Donations by reason of marriage shall
remain valid, except that if the donee
contracted the marriage in bad faith, such
donations made to said donee are revoked
by operation of law;

(4) The innocent spouse may revoke the
designation of the other spouse who acted
in bad faith as a beneficiary in any insurance
policy, even if such designation be
stipulated as irrevocable; and

(5) The spouse who contracted the
subsequent marriage in bad faith shall be
disqualified to inherit from the innocent
spouse by testate and intestate succession.
(n)

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 18
 Cario vs. Cario 351 SCRA Art. 40 of FC: The absolute nullity of a Santiago Carino contracted 2 marriages (1st The property regime of Nicdao and
127 previous marriage may be invoked for to Susan Nicdao and 2nd to Susan Yee). The the deceased is Article 147 of the
purposes of remarriage on the basis solely 1st marraige, having been solemnized Family Code. This article applies to
of a final judgment declaring such previous without the necessary marriage license, and unions of parties who are legally
marriage void. not being one of the marriages exempt from capacitated and not barred by any
the marriage license requirement, is impediment to contract marriage,
undoubtedly void ab initio. Note: Nicdao but whose marriage is nonetheless
and Carino contracted their marriage during void for other reasons, like the
the old civil code, hence the old cc will apply absence of a marriage license. The
which requires marriage license. || marriage of Yee and Santiago being
However, under Art. 40 of the Family Code, void-bigamous, the property
for purposes of remarriage, there must first relationship is Article 148.
be a prior judicial declaration of nullity of a
previous marriage, though void, before a
party can enter into a second marriagel
otherwise, the second marriage would also
be void. Hence, the second marriage to
Susan Yee is, likewise, void ab initio.
Bobis vs. Bobis, G.R. No. Art 40 of the FC, which was effective at the Respondents clear intent is to obtain a
138509, July 31, 2000 time of celebration of the second marriage judicial declaration of nullity of his first
requires a prior judicial declaration of nullity marriage and there after invoke that the
of a previous marriage before a party may very same judgement to prevent his
remarry. prosecution for bigamy (prejudicial
question). Only when the nullity of marriage
is so declared, can it be held void, and so
long as no such declaration the presuemtion
is that the marriage exists.
Mercado vs.Tan, G.R. No a judicial declaration of nullity of a previous Mercado married Tan when he was actually Dissenting opinion of Justice Vitug:
137110, August 1, 2000 marriage is necessary before a subsequent already married to Oliva. After having their "Indeed, it is likely that Article 40 of
one can be legally contracted. One who marriage solemnized twice, Tan filed for the Family Code hs been meant and
enters into a subsequent marriage without complaint for bigamy against Mercado. Only intended to refer only to articles
first obtaining such judicial declaration is then did Mercado file for declaration of 35, 36, 37,38, and 53, thereof".
guilty of bigamy. The principle applies even nullity of marriage with Oliva. The first Legarda says that he didn't mean to
if the earlier union is characterized by the marriage was declared null and void but include art. 36.
statute as 'void'. that he subsequently only after Information was filed.
obtained a judicial declaration of nullity of
the first marriage was immaterial. The court
said that the crime had already been
consumated by then
Ty vs CA, 346 SCRA 327 FC Art. 40 - The absolute nullity of a The 1st and 2nd marriage of the respondent
previous marriage may be invoked for Edgardo Reyes contracted in 1977 and 1979,
purposes of remarriage on the basis solely respectively, and thus governed by the
of a final judgment declaring such previous provisions of the Old Civil Code. The first
marriage void. marriage of private resposdent being void
for lack of license and consent, there was no
need for judicial declaration of its nullity
before he could contract a 2nd marriage.
Thus, the second marriage is valid.
Tenebro vs. CA, G.R. No. Although a marriage declared void on the Petitioner's marriage to Ancajas is null and Vitug: Judicial declaration of nullity
150758. February 18, 2004 ground of psychological incapacity is void ab void regardless of petitioner's psychological of a bigamous marriage on the
(read concurring of Justice initio, it is not without legal effects and incapacity since the crime of bigamy had ground of psychological incapacity
Vitug and dissent of Justice consequences. Among these is incurring already been consummated. merely nullifies the effects of the
Carpio) liability for bigamy. marriage but it does not negate the
fact of perfecting the bigamous
marriage. "As if it were a voidable
marriage..." Carpio: For years, the
court ruled that if the second
marriage is void on grounds other
than the existence of the first
marriage, there is no crime of
bigamy. A marriage contracted by
one psychologically incapacitated
at the time of the marriage is
legally inexistent and void from the
beginning.
Morigo vs Morigo, 422 Art. 40 of the FC states that judicial The first marriage of Morigo is void ab initio Morigo v Morigo is the only
SCRA 376 declaration of nullity is required before a since they only signed a marriage contract instance where no bigamy was
subsequent marriage can be contracted. without a solemnizing officer. Hence, there adjudged despite the ff. facts: 1.)
is no need for a judicial declaration of both marriages took place during
nullity. the effectivity of the FC. 2.) the
second marriage took place after
an unauthorized foreign divorce
decree was obtained and 3.) the

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 19
 action for declaration of nullity of
the first marriage was filed after
the complaint for bigamy was filed.

Teves v People, GR Judicial declaration of nullity is required Cenon married Thelma. Thelma worked
188775, August 24, 2011 before a subsequent marriage can be abroad and Cenon married Editha. A case
contracted; or else, what transpires is a was filed against Cenon for bigamy. While
bigamous marriage, reprehensible and the case was pending, Cenon had his
immoral. marriage with Thelma annuled. Cenon was
then contended that he could not be
prosecuted for bigamy anymore as he had
his first marriage anulled. SC reiterated that
the annulment should have happened
before he married Editha, and not have it
annuled as a convenience to evade the
charges of bigamy against him.
Nollora v People, GR The Code of Muslim Personaly Laws cannot The elements of the crime of bigamy are all The fact that Atilano and Rowena
191425, September 7, be invoked as a defense against a bigamous present: 1) Atilano is legally married to recelebrated their marriage in
2011 marriage. Jesusa; 2) Their marriage has not been accordance to Muslim laws does
legally dissolved prior to the date of the not extinguish the criminal liability
second marriage; 3) Atilano admitted the on the ground of bigamy.
existence of his second marriage to Rowena;
and 4) The second marriage has all the
essential requisites for validity except for Atilano cannot also invoke the
the lack of capacity of Atilano due to his question of validity of his second
prior marriage. marriage to escape criminal
liability.
Montanez vs Cipriano, GR the declaration of nullity of first marriage respondent's clear intent was to obtain
181089, October 22, 2012 doesnt justify the dismissal of the bigamy juridical declaration of nullity of marriage to
cases filed against Lourdes Cipriano escape from the bigamy case. Retroactive
application of procedural laws is not
violative of any right of a person who may
feel that he is adversely affected
See: Abbas vs Abbas, G.R.
No. 183896, January 30,
2013
Capili v People, GR 183805, Subsequent judicial declaration of the Capili's petition was denied.
July 3, 2013 second marriage for being bigamous in
nature does not bar the prosecution of
petitioner for the crime of bigamy because
prioer to the declaration of nullity, the
crime had already been consummated. All
that is required for the charge of bigamy to
prosper is that the first marriage be
subsisting at the time the second marriage
is contracted.
Fujiki v Marinay, G.R. No. this Court held that the rule in A.M. No. 02- To hold that A.M. No. 02-11-10-SC applies to
196049, June 26, 2013 11-10-SC that only the husband or wife can a petition for recognition of foreign
file a declaration of nullity or annulment of judgment would mean that the trial court
marriage "does not apply if the reason and the parties should follow its provisions,
behind the petition is bigamy. including the form and contents of the
petition, the service of summons, the
investigation of the public prosecutor, the
setting of pre-trial, the trial and the
judgment of the trial court. This is absurd
because it will litigate the case anew.
Go- Bangayan v Bangayan, For Bigamy to exist, the 2nd marriage must Court ruled that there was no subsequent Property: ruled by Art 148
G.R. No. 201061, July 3, have all essential requisites for validity marriage as no valid marriage license was
2013 except prior marriage. issued. Marriage did not exist. Benjamin and
Sally lived and represented themselves as
husband and wife without the benefit of
marriage.
People v Odtuhan, GR Art. 40- The Absolute nullity of a marriage Odtuhan was married to Modina and he Used Art. 40 of the Family Code as
191566, July 17, 2013 may be invoked for purposes of remarriage later on married Alagon. He filed a petition basis.
on the basis soley of a final judgement for nullity of his marriage with Modina
declaring such previous marriage void. claiming that it lacked valid marriage
certificate. The court found that there was a
valid marriage and he married Alagon
before there was a declaration of nullity of

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 20
 marriage.

Iwasawa vs Gangan, , G.R. a judicial declaration of nullity is required June 20, 1994- 1st marriage of respondent
No. 204169, SEP 11 2013 before a valid subsequent marriage can be with Arambulo; November 28, 2002- 2nd
contracted; or else, what transpires is a marriage of respondent with petitioner; July
bigamous marriage,16 which is void from 14, 2009- 1st husband died and it was only
the beginning as provided in Article 35(4) of on said date that respondent's marriage
the Family Code of the Philippines. with 1st husband was deemed to have been
dissolved.
SSS v. Azote, G.R. No. FC Art 41. She was the sole claimant of her deceased
209741, April 15, 2015 husband's SSS benefits. But the court ruled
that she was not the legal wife so she wasnt
able to claim the said benefits even though
her husband changed the "wife beneficiary"
in the SSS form.
Jones v. Hortiguela 64 Phil Art. 390-391 NCC The time of absence should be counted
179 from the time that news was last heard of
from the absent spouse.
Republic vs. Nolasco, 220 FC 41. A marriage contracted by any person Nolasco failed to establish that he had a
SCRA 20, March 17, 1993 during the subsistence of a previous "well-founded" belief that his spouse is
marriage shall be null and void, unless dead. This is because his investigation in his
before the celebration of the subsequent attempt to ascertain her whereabouts is
marriage, the prior spouse had been absent too sketchy to form a basis of a reasonable
for four consecutive years and the spouse or well-founded belief that she was already
present had a well-founded belief that the dead. He did not ask for the help of local
absent spouse was already dead. In case of atuhorities or the relevant embassy and the
disappearance where there is danger of assistance of the authorities in the foreign
death under the circumstances set forth in country.
the provision of Article 391 of the Civil Code,
an absence of only two years shall be
sufficient.
For the purpose of contracting the
subsequent marriage under the preceding
paragraph, the spouse present must
institute a summary proceeding as provided
in this Code for the declaration of
presumptive death of the absentee, without
prejudice to the effect of reappearance of
the absent spouse.
Bienvenido vs. CA, 237 FC 41. The spouse who did not leave the Aurelio Camacho's second marriage was
SCRA 676, October 24, domicile has the right to remarry on the ruled to be invalid because Aurelio was the
1994 ground of presumptive death of his or her deserting spouse in his first marriage.
spouse.
SSS vs Jarque, G.R. No. If you were declared "presumtively dead" by The husband filed a petition to declare his
165545, March 24, 2006 your wife/husband, and your wife/husband first wife presumtively dead 13 years before
contracted a second marriage, you have to the respondent and the husband got
file an affidavit of reappearance for you to married. the husband died and she wanted
be considered as the "Legal Wife" again. to claim the SSS benefits but it was barred
by the children of her husband to a former
marriage and argued that his First Wife was
still pretty much alive. But the first wife
didnt file an affidavit of reappearance so the
SC ruled that the marriage of the
respondent to her husband is valid.
Republic v Granada, GR A petitionfor declaration of presumptive Yolanda was able to acquire a declaration of
No. 187512, June 13, 2012 death is a summary proceeding, the presumptive death of her husband, Cyrus.
judgement of the petition is immediately The Office of the Solicitor General filed an
final and executory and not subject to appeal to reverse the decision. He claims
ordinary appeal that Yolanda had failed to exert earnest
effort to locate Cyrus. The Supreme Court
ruled that the ruling cannot be disturbed
since a petition for declaration of
presumptive death is immediately final and
executory.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 21
 Santos v. CA 240 SCRA 20 psychological incapacity must be Leouel argues that the failure of Julia to VERY IMPT CASE: "psychological
characterized by (a) gravity, (b) juridical return home, or at the very least to incapacity" should refer to no less
antecedence, and (c) incurability. The communicate with him, for more than five than a mental (not physical)
incapacity must be grave or serious such years are circumstances that clearly show incapacity that causes a party to be
that the party would be incapable of her being psychologically incapacitated to truly incognitive of the basic
carrying out the ordinary duties required in enter into married life. "A wife who does marital covenants that
marriage; it must be rooted in the history of not care to inform her husband about her concomitantly must be assumed
the party antedating the marriage, although whereabouts for a period of five years, and discharged by the parties to
the overt manifestations may emerge only more or less, is psychologically the marriage
after the marriage; and it must be incurable incapacitated." HELD: NO. petition was There is hardly any doubt that the
or, even if it were otherwise, the cure would denied: The factual settings in the case at intendment of the law has been to
be beyond the means of the party involved bench, in no measure at all, can come close confine the meaning of
to the standards required to decree a nullity "psychological incapacity" to the
of marriage most serious cases of personality
disorders clearly demonstrative of
an utter intensitivity or inability to
give meaning and significance to
the marriage. This pschologic
condition must exist at the time the
marriage is celebrated
Atty. Legarda disagrees with the
ruling because the Molina doctrine
was already in place. Yet, the court
disregarded the requisites laid out.
Republic v Molina, G.R. No. Guidelines: (1) burden of proof to show the Irreconcilable differences or conflicting VERY IMPT CASE
108763 February 13, 1997 nullity of marriage: plaintiff; (2) root cause personalities does not amount to a
of psych incap: medically/clinically psychological incapacity. Psych incap must
identified, alleged in the complaint, render the person incapable of fulfilling
sufficiently proven by experts, clearly his/her marital obligations. Petition was
explained in the decision; (3) incapacity granted.
must be existing at the time of the
celebration of marriage; (4) must be med/cli
permanent or incurable; (5) must be grave
enough; (6) essential marital obligations: Art
68-71, Art 220,221,225; (7) interpretation by
National Appellate Tribunal Committee
should be considered; (8) trial court must
order the prosecuting atty and solicitor-
general to appear as counsel for the state
Hernandez vs. Court of Used Santos vs CA case. For psychological The marriage cannot be annuled as
Appeals, 320 SCRA 76, incapacity to exist, it must be proven that psychological incapacity was not
December 08, 1999 the other party was not cognizant of the established. The court suggested that their
basic marital obligation. should have been a presentation of an
evaluation by an expert.
Marcos vs. Marcos, 343 It is not required that a peron must be CA set aside the RTC findings that the The evidence presented by the
SCRA 755, October 19, examined by a physician or psychologist to marriage was void due to the respondent petitioner was evidence of physical
2000 be declared psychologically incapacitated. being psycholigically incapacitated because violence, and that is a ground for
CA noted that respondent did not subject legal separation, and NOT
himself to any psychological or psychiatric anullment of marriage under article
evaluation. The SC ruled that it is not 36 of the FC.
essential, and if the totality of evidence is
enough to sustain psychologial incapacity, a
medical examination is not needed. In this
case, the totality of the evidece presented
was still not enough to declare the marriage
void.
Republic vs. Dagdag, 351 The guideline of which root cause of The respondent Dagdag failed to comply
SCRA 425 psychological incapacity must be medically with the second guideline laid down in the
or clinically identified; alleged in the Molina case in the interpretation of FC Art.
complaint; sufficiently proven by experts; 36, the root cause of psychological
and clearly explained in the decision, must incapacity, since no psychiatrist or medical
be complied doctor testified as to the alleged
psychological incapacity of the spouse.
RP vs. Quintero-Hamano, Mere abandonment does not constitute Petitioner failed to prove Toshio's
G.R. No. 149498, May 20, psychological incapacity. Moreover, there is psychological incapacity. Although it's not a
2004 no distinction between an alien spouse and requirement that a physician examine the
a Filipino spouse in proving psychological party alleged with psych incap, it would
incapacity have greatly helped in Lolita's case.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 22
 Antonio vs. Reyes, G.R. No. In classifying marriages contracted by a The petitioner seeks to nullify his marriage Respondent was a pathological liar.
155800, Mar. 10,2005 psychologically incapacitated person as on the grounds of psychological incapacity.
nullity, should be deemed as an implement The court used the Molina guideline except
of the constitutional protection of marriage. for the last requisite, which is incurability.
Given the state interest in promoting The witnesses testified in 1994 and 1995
marriage as the foundation of the family, and the molina case was decided on 1997.
there is a corresponding interest for the The court stated that it would be unjust to
state to defend against marriages ill retroactively apply the incurability requisite.
equipped to promote family life.
Republic vs. Tanyag-San Person is not required to undergo Laila Tanyag alleged that Manolito has In order for a psychologist or
Jose, 517 SCRA 123, psychological test. psychological incapacity and she presented physician to determine if the
February 6, 2007 the findings of Dr. Tayag. Dr. Tayag never person has psychological incapacity
examined Manolito and based her findings they should ask the family
on the story of Laila. The court declared her members.
findings as hearsay and that it does not
prove that the psychological incapacity is a
maladay.
Almelor vs RTC-Las Pinas, Homosexuality is not a form of Wife of petitioner cannot seek to declare
GR No. 179620, Aug. 26, psychological incapacity; it is a mere her marriage with petitioner null on the
2008 preference and does not render the ground of psychological incapacity based on
homosexual incognitive of the essential the latter's homosexual acts.
marital obligations.
Te vs Te, GR No. 161793, Quoting writers on Canon Law (from where Both parties were declared psychologically Contrary to Legarda et al's book,
Feb. 13, 2009 Psych. Incap. is based): There is a incapacitated. the Court did NOT apologize for
conceptual distinction between the inability Pesca anywhere in the ruling. At
to give consent (defect of consent that Girl: with antisocial / narcissistic personality least not explicitly.
would give rise to an action for annulment - disorder for threatening to kill herself if the
voidable marriages) on the one hand and guy did not go back to her
the inability to fulfill the object of consent
on the other (psychological incapacity). Guy: with dependent personality disorder
for agreeing to the marriage despite his
Court said it may have been appropriate to obvious lack of readiness to assume the
impose a rigid set of rules as the one in marital obligations
Molina.

Court suggested an option for trial judges to
refer the case to a court-appointed
psychologist or expert for an independent
assessment and evaluation of the
psychological state of the parties to assist
the Courts.

Only the gravest psychological disorders are
sufficient:
Cluster A: Paranoid Disorder et al--those
who often have eccentric habits or traits
Cluster B: Antisocial / Narcissistic
Personality Disorder et al--those who often
appear overly emotional, erratic and
dramatic
Cluster C: Dependent Personality Disorder
et al--those who often appear anxious
Azcueta vs RP, G.R. No. Article 36 FC and te vs te: consider, as Expert opinion: Marietta is mature and of
180668, May 26, 2009 decisive evidence, the opinion of an expert sound mind. Rodolfo suffers from
on the psychological and mental Dependent Personality Disorder due to his
temperment of the parties symbiotic relation with his mother.
Halili v Halili, GR 165424, Article 36 FC The petitioner filed to declare his own The RTC declared the marriage
June 9, 2009 (Motion for marriage null and void based on his own void, the CA reversed it, the SC
Recon) psychological incapacity. Dr. Dayan affirmed the CA, but then granted
diagnosed the petitioner with dependent reconsideration, and it reversed
personality disorder. It was concluded to be itself and declared the marriage
incurable and existent during the void.
celebration of the marriage, thus rendering
the marriage void

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 23
 Najera v Najera, GR the basis of nullity of marriage by the The facts collated from party complainant Interpretations given by the
164817, July 3, 2009 National Appellate Matrimonial Tribunal and reliable witnesses which include a National Appellate Matrimonial
should be the 3rd paragraph of Canon 1095 sister-in-law of Respondent corroborate and Tribunal of the Catholic Church in
which mentions causes of psychological lead this Collegiate Court to believe with the Philippines, while not
nature and not the 2nd paragraph of the moral certainty required by law and controlling or decisive, should be
same canon which refers to those who conclude that the husband-respondent given great respect by our courts.
suffer from grave lack of discretion of upon contracting marriage suffered from
judgment concerning essential matrimonial grave lack of due discretion of judgment: his
rights and obligations. family was dysfunctional in that as a child,
and he was according to his friends, already
into drugs and alcohol before marriage, and
into marriage, he continued with his drugs
and alcohol abuse. Factual basis of the
decision of the National Appellate
Matrimonial Tribunal is similar to the facts
established by petitioner before the trial
court, the decision of the National Appellate
Matrimonial Tribunal confirming the decree
of nullity of marriage by the court a quo is
not based on the psychological incapacity of
respondent. Petitioner, therefore, erred in
stating that the conclusion of Psychologist
Cristina Gates regarding the psychological
incapacity of respondent is supported by
the decision of the National Appellate
Matrimonial Tribunal.
Camacho-Reyes v Reyes, A recommendation for theraphy does not The CA erred in declaring that based on Dr.
G.R. No. 185286, August automatically imply curability Dyan's finding and recommendation, the
18, 2010 psychological incapacity of respondent is
not incurable
Kalaw v Fernandez, GR Article 36 FC
166357, September 19,
2011
Mendoza v Republic, GR The expert opinions of psychologists are not The findings of the expert is one sided
157854, November 12, conditions sine qua non in the granting of because he did not evaluate Dominic
2012 petition for declaration of nullity of psychiatricly and based the findings on the
marriage, the actual medical examination is statements of the side of Mendoza.
to be dispensed with if the totality of
evidence preseneted is enough to support a
finidng of psychological incapacity.
Republic v De Gracia, GR. Medical report alleging psychological The medical report presented did not: (1)
No. 171557, Feb. 12, 2014 incapacity should present the compliance of sufficiently described the gravity of the
the three elements thereof: gravity, wife's emotional immaturity; (2) identify the
antecedence, and incurability. root cause of such immaturity and whether
or not it existed at the time of their
marriage; and (3) support the incurability of
the alleged immaturity.
Kalaw v Fernandez, GR Art. 36 FC The ruling in the 2011 case has been
166357, January 14, 2015 overturned. The court took into
consideration the expert's findings. The
doctors both stated that both parties are
psychologically incapacitated. And so does
the priest.
Vias v. Vias, G.R. No. A psychological examination based on the Dr. Tayag conductedd a psychological
208790, January 21, 2015 information fed by only one side, is no evaluation of Mary Grace based on the
different from admitting hearsay evidence statements of Glenn and found that Mary
as proof of the truthfulness of the content. Grace has Narcisstic Personality Disorder
with anti-social traits. The Supreme Court
did not admit as evidence the psychological
evaluation since it was only based on the
statements of one side and that there was
no independent basis for the psychological
evaluation.
Mallilin v Jamesolamin, Sexual infidelity or perversion and Other than his allegations, no other
G.R. No. 192718, 18 Feb. abandonment do not, by themselves, convincing evidence was adduced to prove
2015 constitute grounds for the declaring a that these sexual indiscretions were
marriage void based on psychological considered as nymphomania, and that it
incapacity. was grave, deeply rooted and, incurable
within the term of psychological incapacity
under Art 36.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 24
 Yuk Ling Ong v Co, G.R. No. (1) Impossibility of Prompt Personal Servicex The servers return utterly lacks sufficient This case has little or nothing to do
206653, 25 Feb. 2015 x xFor substituted service of summons to be detail of the attempts undertaken by the with Art. 36 rather the important
available, there must be several attempts by process server to personally serve the thing is the procedure or
the sheriff to personally serve the summons summons on petitioner. The server simply "Summons". When proceedings are
within a reasonable period of one month made a general statement that summons filed in court proper summons to
which eventually resulted in failure to prove was effected after several futile attempts to both parties are made so that they
impossibility of prompt service. "Several serve the same personally. The server did can speak in court and defend their
attempts" means at least three (3) tries, not state the specific number of attempts case. A person can't win in court
preferably on at least two different dates. In made to perform the personal service of just because the other party was
addition, the sheriff must cite why such summons; the dates and the corresponding not there to defend himself and
efforts were unsuccessful. It is only then time the attempts were made; and the proper procedure must always be
that impossibility of service can be underlying reason for each unsuccessful followed.
confirmed or accepted.(2) Specific Details in service. He did not explain either if there
the ReturnThe sheriff must describe in the were inquiries made to locate the
Return of Summons the facts and petitioner, who was the defendant in the
circumstances surrounding the attempted case. These important acts to serve the
personal service. The efforts made to find summons on petitioner, though futile, must
the defendant and the reasons behind the be specified in the return to justify
failure must be clearly narrated in detail in substituted service.
the Return. The date and time of the
attempts on personal service, the inquiries
made to locate the defendant, the name/s
of the occupants of the alleged residence or
house of defendant and all other acts done,
though futile, to serve the summons on
defendant must be specified in the Return
to justify substituted service.(3) A Person of
Suitable Age and Discretionx x xThe sheriff
must therefore determine if the person
found in the alleged dwelling or residence of
defendant is of legal age, what the
recipient's relationship with the defendant
is, and whether said person comprehends
the significance of the receipt of the
summons and his duty to immediately
deliver it to the defendant or at least notify
the defendant of said receipt of summons.
These matters must be clearly and
specifically described in the Return of
Summons. (Emphases and underscoring
supplied)

Nial vs. Bayadog, G.R. Void marriages can be assailed collaterally. The heirs of Pepito were allowed to
133778, Mar. 14, 2000 question the validity of the second
NCC 39 - The action or defense for the marriage, specifically in relation to the
declaration of absolute nullity of a marriage successional rights of the parties.
shall not prescribe.

The Code is silent as to who can apply for
the nullity of marriage and Article 47 of the
FC cannot apply in this case
Catalan vs. Court of Without the divorce decree and foreign rule The required standing of the petitioner was
Appeals, 514 SCRA 607, as part of evidence the court cannot rule on questioned when she filed for declaration of
February 6, 2007 the issue of whether the petitioner has nullity for the bigamous marriage of her
personality to file the petition of declaration alleged former husband.
of nullity.
Enrico vs. Heirs of Sps. Only the husband or the wife may file a The marriage of petitioner to Eulogio was There is no need to reconcile the
Medinaceli, G.R. No. petition for declaration of absolute nullity of celebrated on 26 August 2004, and it provisions of A.M. No. 02-11-10- SC
173614, September 28, void marriage, as per A.M. no. 02-11-10-SC, squarely falls within the ambit of A.M. No. with the ruling in Nial, because
2007 which governs the procedure as to the 02-11-10- SC; therefore, respondent heirs of they vary in scope and application.
declaration on absolute nullity of void Eulogio cannot file for the declaration of
marriages entered into during the effectivity nullity of their father's subsequent marriage
of the Family Code and after March 15, to petitioner.
2003, when the A.M. took affect. The heirs,
however, can only question the validity of
the marriage of the spouses upon the death
of a spouse in a proceeding for the
settlement of the estate of the deceased
spouse filed in the regular courts.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 25
 Carlos v. Sandoval, GR The absence of a provision as to who may Petitioner, brother of deceased, filed a Marriage was before the effectivity
179922, December 16, bring an action to declare a marriage void in petition before the courts a declaration of of AM No. 02-11-10-SC; Petitioner
2008 the Civil Code cannot be construed as a nullity of marriage between the deceased is not a proper party to declare the
license for any person to institute a nullity and wife due to the absence of the required marriage void. In Ninal v. Badayog,
of marriage case. Such person must appear marriage license. the Court held that the children
to be the party who stands to be benefited have the personality to file the
or injured by the judgment in the suit, or the petition to declare the nullity of
party entitled to the avails of the suit. marriage of their deceased father
Elsewise stated, plaintiff must be the real to their stepmother as it affects
party-in-interest. For it is basic in procedural their successional rights.
law that every action must be prosecuted
and defended in the name of the real party-
in-interest
Ablaza vs Republic, G.R. Marriages before the application of the AM The brother of the deceased was allowed to The court used the ruling in Carlos
No. 158298, Aug. 11, 2010 No. 02-11-10 SC are exempted from the said question the validity of the marriage v. Sandoval
law because he could be the proper party for
claiming rights over the brother's estate.
Sec 2 (a) of AM No. 02-11-10 SC
The Court emphasized the fact that the clearly states the exception from
marriage of Cresciano and Leonila is the law:
governed by the Civil Code as it happened 1. Those commenced before
before the effectivity of the Family Code March 15, 2003, the effectivity date
and AM No. 02-11-10 SC of A.M. No. 02-11-10-SC; and
2. Those filed vis--vis marriages
celebrated during the effectivity of
the Civil Code and, those
celebrated under the regime of the
Family Code prior to March 15,
2003.
Malcampo Sin vs. Sin, 355 Art. 48 of FC states that in all cases of In this case, the fiscal is required to have an The duty of the fiscal is to cross-
SCRA 285 annulment or declaration of absolute active participation to prevent the collusion. examine the evidence.
nullity, the court shall order a fiscal on A mere manifestation issued by a fiscal
behalf of the State to take steps to avoid stating that there is no collusion is
collusion between the parties and to take insufficient.
care that the evidence is not fabricated or
supressed.
Ancheta vs Ancheta, 424 The original petition and the amended As gleaned from the petition and the It is similiar to the case of Yuk Ling
SCRA 725 petition were not only based on extrinsic amended petition in the CA and the Ong.
fraud but also lack on jurisdiction of the trial annexes, the summons was issued and
court over the petitioner bacause of the served on the same day and received by the
failure of the sheriff to serve on her the son of the petitioner. When the return of
summons and a copy of of the complaint. summons was submitted to the court by the
sheriff, no statement was made on the
impossibility of locating the defendant
therein within a reasonable time, or that
any effort was made by the sheriff to locate
the defendant. Therefore, the court ruled
that the original and the amended petiton
should be dismissed on the ground of lask of
jurisdiction over the person of the
petitioner.
Jocson v. Robles 22 SCRA The court expressly prohibits the rendition Jocson commencd an action to annul her
521 of a decree of annulment of a marriage marriage with Robles on the ground of
upon stipulation of facts or a confession of bigamy. Robles also assailed the validity of
judgment. The affidavits annexed to the their marriage on the ground that he was
petition for summary judgment practically forced by Jocson's parents to contract the
amount to these methods not marriage. Robles filed for a motion for
countenanced by the civil code. summary judgment. It was denied by the
court due to finding indications of collusion.
Tolentino v. Villanueva 56 When a party refuses to appear before the Petitioner seeks annulment on the grounds
SCRA 1 prosecutor for the investigation of collusion, of fraud, however, private respondent did
the court shall order the prosecuting not appear to court. The respondent judge
attorney to interven for the state to prevent declared the private respondent in default
fabrication of evidence for the plaintiff. and called upon a fiscal to determine
collusion. Petitioner refused to appear
before the fiscal but compelling the judge to
admit his evidence. The court dismissed the
case because the petitioner refuses to be
crossed examined by the fiscal.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 26
 Mendoza v Republic, GR FC. 48. In all cases of annulment or The OSG is required to actively participate in
157854, November 12, declaration of absolute nullity of marriage, all stages of the proceedings and to require
2012 the Court shall order the prosecuting the OSG to appear as counsel for the State
attorney or fiscal assigned to it to appear on un the capacity of a defensor vinculli
behalf of the State to take steps to prevent (defender of the marital bond) to oppose
collusion between the parties and to take petitions for and to appeal judgements in
care that evidence is not fabricated or favor of, declarations if nullity of marriage
suppressed. under Art. 36 of the Family Coe, thereby
In the cases referred to in the preceding ensuring that only the meritorious cases for
paragraph, no judgment shall be based the declaration of nullity of marriages based
upon a stipulation of facts or confession of on psychological incapacity-those
judgment. sufficiently evidenced.
Aurelio v Aurelio, G.R. No. The following are the guidelines to aid the petition is denied. marriage is null and void.
175367, June 6, 2011 courts in the disposition of cases involving the family backgrounds of both petitioner
psychological incapacity: (1) Burden of proof and respondent were discussed in the
to show the nullity of the marriage belongs complaint as the root causes of their
to the plaintiff; (2) The root cause of the psychological incapacity. Moreover, a
psychological incapacity must be: (a) competent and expert psychologist clinically
medically or clinically identified, (b) alleged identified the same as the root causes.
in the complaint, (c) sufficiently proven by
experts and (d) clearly explained in the
decision; (3) The incapacity must be proven
to be existing at the time of the
celebration of the marriage; (4) Such
incapacity must also be shown to be
medically or clinically permanent or
incurable; (5) Such illness must be grave
enough to bring about the disability of the
party to assume the essential obligations of
marriage; (6) The essential marital
obligations must be those embraced by
Articles 68 up to 71 of the Family Code as
regards the husband and wife, as well as
Articles 220, 221 and 225 of the same Code
in regard to parents and their children. Such
non-complied marital obligation(s) must
also be stated in the petition, proven by
evidence and included in the text of the
decision; (7) Interpretations given by the
National Appellate Matrimonial Tribunal of
the Catholic Church in the Philippines, while
not controlling or decisive, should be given
great respect by our courts; (8) The trial
court must order the prosecuting attorney
or fiscal and the Solicitor General to appear
as counsel for the state. No decision shall be
handed down unless the Solicitor General
issues a certification, which will be quoted
in the decision, briefly stating therein his
reasons for his agreement or opposition, as
the case may be, to the petition
Chan v Chan, G.R. No. Privileged Communication Rule - A Physician Wife wanted to compel the hospital to The ruling however was that it was
179786, July, 14, 2013 who gets info while professionally attending release the husband's hospital record to still premature to grant the request
a patient cannot in a civil case be exmained support her case against him in a petition to for disclosure of the husband's
without the patient's consent as to any to nullify ther marriage. The court explained records because the trial has not
any facts which would blacken the latter's that she cant do that because of the begun.
reputation privileged communication rule.
Mallion vs Alcantara, 506 Res Juridicata - a matter already adjudged - Petitioner filed 2 petitions for declaration of
SCRA 336 was used in deciding the case the court nullity in 1995 and 1999. The first was
explains how two petitions were already dismissed on the grounds of inadequate
filed in the same cause of action and the evidence to psychological incapacity then
court denied the petitioners as the matter is another was filed on the ground of lack of
already judged that the petitioner wanted a marriage license. The court used Res
declaratioin of nullity declared. According to Juridicata in deciding the case.
Legarda, this is the first time the court
validated a void marriage using a procedural
rule.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 27
 Valdes v. QC-RTC, G.R. No. Art. 147 (if w/out legal impediment) or Art. Since the marriage was declared null and Article 147 aka rules on co-
122749, July 31, 1996 148 (if w/ legal impediment) shall govern void on the ground of psychological ownership. Article 148 aka rules on
the property relations of void marriages, incapacity and there was no legal limited co-ownership.
regardless of the cause thereof. The first impediment between the two parties,
paragraph of Art. 50 of the Family Code, Art.147 shall govern the property relations
applying paragraphs (2), (3), (4) and (5) of of the parties.
Article 43, shall govern the property
relations of voidable marriages under Art.
45 and, exceptionally, of void marriages
(subsequent marriage contracted by a
spouse of a prior void marriage before the
latter is judicially declared void) under Art.
40 of the Code.
Dino v Dino, GR 178044, Sec 19 (1) of the rule on declaration of What governs the liquidation of properties
January 19, 2011 absolute nullity of marriages and annulment owned by the couple should be the rules on
of voidable marriages doesnt't apply to Art co-ownership
147
Yu v Reyes-Carpio, GR A.M. No. 02-11-10SC allows the defferment Couple filed for the nullity of their marriage
189207, June 15, 2011 of evidence on the grounds of psychological incapacity.
The husband wanted to resolve the issue on
custody and property simultaneously with
the case, but the court said the ground
should first be meritorious. Then, they will
discuss it before the finality of the nullity of
marriage.
Barrido v. Nonato, G.R. No. Art. 147 of the FC Since the marriage was void for
176492, October 20, 2014 psychological incapacity under Art. 36, Art.
147 should govern the property regime of
the marriage instead of Art. 129.
Yasin vs. Shari'a, G.R. No. The use of the surname of the husband is Muslim coupled availed of a talaq (divorce).
94986, February 23, 1995 only permissive and not mandatory. wife now files a petition to resume the use
of her maiden name. Court ruled that there
was no need to file such because a petition
to resume the use of her maiden name is
not a "change of name" under the rules of
court moreover, the use of the husband's
name is only permissive and not mandatory.
Remo vs. DFA, G.R. No. The general rule is that it is not mandatory The wife wanted to change her passport
169202, March 5, 2010 for a wife to adopt her husband's last name. surname to her maiden name. She was not
But according to the Passport Act (limited to allowed because only in the following
passports), if you used your husband's conditions can it be granted: (1) death of
surname, then decided to change it even if husband, (2) divorce, (3) annulment, and (4)
your marriage is subsisting, you cannot do declaration of nullity
so.
B.M. No. 1623 - Joesphine Art. 370. Use of surname of a married Art.370 of the NCC states that "A married
P. Uy-Timosa woman after marriage. woman MAY use:" Take note of the word
"may". It is up to the woman if she would
want to use her birth name or her husband's
surname.
Heirs of Go vs. Servacio GR FC Art. 130 Upon the termination of the FC Art. 130 cannot be applied because the
157537 September 7, 2011 marriage by death, the conjugal partnership marriage of Protacio, Sr. and Marta Go is
property shall be liquidated in the same governed by the Old Civil Code, including
proceeding for the settlement of the estate their property relation and their conjugal
of the deceased. xxxx partnership. Upon Marta's death in 1987,
and in relation to the Old Civil Code, it was
implied ensued that Protacio, Sr. and their
children will have co-ownership with
respect to Marta's share in the assets of
conjugal partnership pending liquidation of
the property.

DLSU LAW BLOCK 4 - 2015 | PERSONS AND FAMILY RELATIONS (Atty. Legarda) 28