PERSONS AND FAMILY RELATIONS

PERSONS AND FAMILY RELATIONS

 EFFECT AND APPLICATION OF LAWS
The Civil Code took effect on August 30, 1950.
EFFECTIVITY OF LAWS (Art. 2)
General Rule: Laws take effect after 15 days following the completion of its
publication in the Official Gazette or in a newspaper of general circulation (EO
No. 200).
The law shall take effect on the 16th day because in counting the period, the
first day is excluded and the last day included (Art. 13, NCC).
No one shall be charged with notice of the statutes provision until publication
is completed and the 15 day period has expired.
Exception: Unless otherwise provided by the law (EO No. 200).
The exception refers to the 15-day period only and not the requirement of
publication.
Publication is indispensable, absence of which will not render the law
effective (Taada vs. Tuvera GR No. L-63915, December 29, 1986)
Rules on Period Provided by Statute
1. Shorter/longer period than the 15-day - such period as provided in the
statute shall prevail.
2. Takes effect immediately - it shall take effect immediately after publication
with the 15-day period being dispensed with (Taada vs. Tuvera G.R. No. L-
63915, December 29, 1986).
3. No provision as to its effectivity - it takes effect 15 days following its
publication.
Coverage (PLAC3E)
1. Presidential Decrees
2. Laws which refer to all statutes, including local and private laws
3. Administrative Rules and Regulations where purpose is to enforce/implement
existing law pursuant to a valid delegation
4. Charter of a City
5. Circulars issued by the Monetary Board where purpose is not merely to
interpret but to fill in the details of the Central Bank Act
6. Circulars and Regulations which prescribe a penalty for its violation (People
vs. Que Po Lay, G.R. No. L-6791, March 29, 1954)
7. Executive Orders (Taada vs. Tuvera G.R. No. L-63915, December 29,
1986).
Publication not Required (I L)
1. Interpretative regulations and those internal in nature, regulating only the
personnel of the administrative agency.
2. Letters of Instructions issued by administrative superiors on rules/guidelines
to be followed by subordinates in the performance of their duties (Taada vs.
Tuvera, ibid).
Note: Date of effectivity of Municipal Ordinances is NOT covered by this rule but
by the Local Government Code. (Taada vs. Tuvera, supra).
IGNORANCE OF THE LAW EXCUSES
NO ONE (Art. 3)
Conclusive Presumption every person is presumed to know the law even if
they have no actual knowledge of the law.
Applies only to mandatory and prohibitory laws.
Does not apply to foreign laws because there is no judicial notice of such
foreign laws; it must be proved like any other matter of fact (Ching Huat vs.
Co Heong L-1211, January 30, 1947).
Note: Mistakes in the application or interpretation of difficult or doubtful
provisions of law may be the basis of good faith and has been given the same
effect as a mistake of fact, which may excuse one from the legal consequences
of his conduct (Art. 526, 2155, NCC).
 NON RETROACTIVITY OF LAWS (Art. 4) WAIVER OF RIGHTS (Art. 6)

General Rule: No retroactive effect. General Rule: Rights can be waived.

Exceptions: (P2UT NICE) Requisites for a valid waiver: (CUECF)

1. Tax laws when expressly declared or is clearly the legislative intent (Cebu 1. Full capacity to make the waiver.
Portland Cement vs. Coll. G.R. No. 18649, February 27, 1965) 2. Waiver must be unequivocal
2. Interpretative statutes 3. Right must exist at the time of the waiver
3. Procedural or Remedial 4. It must not be contrary to law, public policy, morals or good customs or
4. Curative or Remedial statutes prejudicial to a third person with a right recognized by law.
5. Emergency laws 5. When formalities are required, the same must be complied with.
6. Laws creating new rights (Bona vs. Briones G.R. No. L-10806, July 6, 1918;
Bustamante et al. vs. Cayas, G.R. Nos. L-8562-8563, December 17, 1955) Exceptions: (CPEN)
7. Unless the law otherwise provides
8. Penal laws favorable to the accused. 1. Waiver is contrary to law, public order, public policy, morals or good customs;
2. If the waiver is prejudicial to a third party with a right recognized by law.
Exceptions to the Exception: (EI) 3. Alleged rights which really do not yet exist, as in the case of future
inheritance
1. Ex Post Facto Laws 4. If the right is a natural right, such as right to be supported.
2. Laws that impair obligation of contracts (Asiatic Petroleum vs. Llanes, G.R.
No. L-25386, October 20, 1926) JUDICIAL DECISIONS FORM PART OF THE
LEGAL SYSTEM or DOCTRINE OF STARE
DECISIS (Art. 8)
ACTS CONTRARY TO LAW (Art. 5)
DOCTRINE OF STARE DECISIS enjoins adherence to judicial precedents and is
General Rule: Acts contrary to mandatory or prohibitory laws are VOID. based on the principle that once a question of law has been examined and
decided, it should be deemed settled and closed to further argument.
Exceptions: (PAVE)
Judicial decisions, although in themselves not laws, assume the same authority
1. The law makes the act valid but punishes the violator (ex. Marriage
as the statute itself (People vs. Licera G.R. No. L-39990, July 2, 1975).
solemnized by a person without legal authority)
2. The law itself authorizes its validity (ex. Lotto, sweepstakes)
No publication required, binding on parties after the lapse of appeal period,
3. The law makes the act only voidable (ex. Voidable contracts where consent
and will bind all future cases with identical facts, until reversed by SC.
is vitiated)
4. The law declares the nullity of an act but recognizes its effects as legally
They are part of the law as of the date of the enactment of said law because the
existing (ex. Child born before annulment of marriage is considered
Supreme Courts interpretation merely establishes the contemporaneous
legitimate)
legislative intent that the construed law purports to carry into effect (People v.
Licera G.R. No. L-39990, July 2, 1975).
HOWEVER, when a doctrine is overruled and a different view is adopted, the
new doctrine should be applied prospectively and should not prejudice parties
who relied on the old doctrine (People v. Jabinal G.R. No. L-30061, February 27,
1974).
CUSTOMS (Arts. 11 and12)
Rules of conduct formed by repetition of acts uniformly observed as a social rule.
They are legally binding and obligatory.
Exception: Rule does NOT apply to computation of age; each year is
counted based on birth anniversary.
Policy if the Last Day is a Sunday or a Legal Holiday:
1. If the act to be performed within the period is prescribed or allowed (1) by the
Rules of Court, (2) by an order of the court, or (3) by any other applicable
statute, the last day will automatically be considered the next working day.
2. If the act to be performed within the period arises from a contractual
relationship, the act will become due despite the fact that the last day falls on
a Sunday or Holiday.

General Rule: Customs must be proved as a fact according to the rules of
evidence.
Exception: A court may take judicial notice of a custom if there is already a
decision rendered by the same court recognizing the custom.
Applicable Laws
1. Penal Laws and laws of public security (Article 14)
Territoriality rule governs regardless of the nationality but subject to principles
of international law and to treaty stipulations.

Requisites to Make a Custom an Obligatory Rule: (P2TO) 2. Laws relating to family rights and duties, or to status, condition and
legal capacity of persons.
1. Plurality or repetition of acts; Nationality rule applies regardless of their place of residence.
2. Practiced by the great mass of the social group;
3. Continued practice for a long period of time; Exception: Divorce validly obtained abroad by alien spouse capacitating him
4. The community accepts it as a proper way of acting, such that it is considered or her to remarry, the Filipino spouse shall have capacity to remarry under
as obligatory upon all. Philippine law. (Article 26 (2) Family Code)

RULE ON PERIODS (Art. 13) 3. Laws on property (real and personal)

Lex Rei SItae: The law of the country where the property is situated shall
1. Years - 365 days, unless year is identified govern property transactions. (Article 16 (1))
2. Months - 30 days, unless month identified
Exception: Order and amount of successional rights, intrinsic validity of
3. Days 24 hours
4. Nights-sunset to sunrise testamentary provisions, and capacity to succeed governed by the national
5. Calendar week Sunday to Saturday law of decedent. (Article 16 (2))
6. Week Count 7 days as indicated, not necessarily Sunday to Saturday
4. Laws on forms and solemnities
To count the period, first day is excluded, last day is included. Lex Loci Celebrationis: Forms and solemnities of contracts, wills, and other
public instruments (extrinsic validity) shall be governed by the laws of the
country in which they are executed. (Article 17)
 Exceptions: Rules on Personal Law: Domiciliary Rule and Nationality Rule
Distinguished
a. Marriage between Filipinos solemnized abroad shall be void though valid
abroad when void under Philippine laws. (Article 26(1) FC) Domiciliary Rule Nationality Rule
b. Intrinsic Validity of Contracts: Validity is determined by the following rules:
i. The law stipulated by the parties shall be applied; Basis for determining personal law of an Basis for determining personal law is
ii. In default thereof, and the parties are of the same nationality, their individual is his DOMICILE his CITIZENSHIP
national law shall be applied;
iii. If the parties are not of the same nationalities, the law of the place of
the perfection of the obligation shall govern its fulfillment; 5. Renvoi Doctrine: Occurs when a citizen of another country dies as a
iv. If the above places are not specified and they cannot be deduced domiciliary of another country. Where the conflict rules of the forum refer to a
from the nature and circumstances of the obligation, then the law of foreign law, and the latter refers it back to the internal law, the law of the
the passive subject shall apply forum shall apply.
Transmission Theory: If the foreign law refers it to a third country, the said
Lex Nationalii Lex Rei Sitae Lex Loci Celebrationis countrys law shall govern.
Art. 15, CC Art. 16, CC Art. 17, CC
6. Doctrine of Processual Presumption
Citizenship is the Law of the place where Law of the place where the The foreign law, whenever applicable, should be proved by the proponent
basis for the property is situated is contract was executed is the thereof; otherwise, such law shall be presumed to be exactly the same as the
determining the the basis for determining basis for determining law law of the forum.
personal law law applicable applicable
applicable Rule on Prohibitive Laws

Covers family rights Covers both real and Covers only the forms and General Rule: Prohibitive laws concerning persons, their acts or property, and
laws which have for their object public order, public policy or good customs are
and duties, status, personal property solemnities (extrinsic validity)
NOT rendered ineffective by laws, or judgments promulgated or by
condition and legal determinations or conventions agreed upon in foreign country. (Art. 17(3))
capacity of persons.
Exception: Art. 26, par. 2 Family Code (ex. Divorce Law)
Exception: Exceptions: Exceptions:

Art. 26, par. 2 of (CIAO) 1. Art. 26, par. 1 of Family

Family Code Code
Capacity to succeed 2. Intrinsic validity of
Intrinsic validity of the contracts
will
Amount of
successional rights
Order of succession
 HUMAN RELATIONS 2. But which is contrary to morals, good customs, public order or public policy;
and,
3. It is done with intent to injure.
ABUSE OF RIGHT (Art. 19)
Articles 19, 20 and 21 are related to one another and under these articles, an act
Elements: (LEP) which causes injury to another may be made the basis for an award of damages
(Albenson Enterprises Corp. v. CA, G.R. No. 88694, January 11, 1993).
1. Existence of a legal right or duty;
2. Which is exercised in bad faith; Articles 19 and 21 refer to INTENTIONAL acts while Article 20 pertains either to
3. For the sole intent of prejudicing or injuring another. WILLFUL or NEGLIGENT acts, which must be contrary to law. (Ibid.)

Doctine of Violenti Non Fit Injuria (to which a person assents is not esteemed PRINCIPLE OF UNJUST ENRICHMENT
in law as injury) refers to self-inflicted injuries or to the consent to injury which (Art. 22)
precludes the recovery of damages by one who has knowingly and voluntarily
exposed himself to danger, even if he is not negligent in doing so (Nikko Hotel
Manila Garden, et all vs. Roberto Reyes (Amay Bisaya) G.R. No. 154259, Feb. Accion In Rem Verso action for recovery of what has been paid without just
28, 2005). cause.

Damnum Absque Injuria (damage without injury) A person who exercises his Application:
legal right does no injury. HOWEVER, it cannot be said that a person exercises a
right when he unnecessarily prejudices another or offends morals or good 1. When someone acquires or comes into possession of something, which
customs. means delivery or acquisition of things; AND
2. Acquisition is undue and at the expense of another, which means without just
or legal ground.
When damages result from a persons exercise of rights, it is damnum
absque injuria (ABS-CBN v. Republic Broadcasting Corp. G.R. No. 128690,
Accion in Rem Verso and Solutio Indebiti
January 21, 1999).
Accion In Rem Verso
Solutio Indebiti (Art. 2154)
ACTS CONTRARY TO LAW (Art. 20)
It is not necessary that the payment be Payment was made by mistake is an
Every person who is criminally liable shall also be civilly liable, whether the act is made by mistake, payment could have essential element to maintain the action
intentional or unintentional. been made knowingly and voluntarily for recovery.
but nevertheless, there would be
ACTS CONTRA BONUS MORES (Art. 21) recovery of what has been paid

Elements: (L-C-I) Requisites: (JELA)

1. Defendant has been enriched;
1. There is a legal act; 2. Enrichment is without just or legal ground;
3. Plaintiff has suffered a loss; and
4. He has no other action based on contract, quasicontract, crime or quasi
delict.

Note: For a more comprehensive discussion of Articles 19-35, please see

discussion thereof under Torts.

PREJUDICIAL QUESTION (Art. 36)

General Rule: If both criminal and cvil cases are filed in court, the criminal case
takes precedence.

Exceptions:

1. In case of prejudicial questions, the criminal case is suspended because the

issues in the civil case are determinative of the outcome of the criminal case.
A prejudicial question is that which arises in a case, the resolution of
which is a logical antecedent of the issue involved therein, and the
cognizance of which pertains to another tribunal (Yap v. Paras, G.R. No.
101236, January 30, 1992).

Requisites: (Section 7, Rule 111, Rules of Court)

a. Previously instituted civil action involves an issue similar or intimately
related to the issue raised in the subsequent criminal action.
b. The resolution of such issue determines whether or not the criminal action
may proceed.

2. Independent civil action granted by law (CD-QR)

a. Breach of constitutional and other rights (Art. 32)
b. Defamation, fraud, physical injuries (Art. 33)
c. Refusal or failure of city or municipal police to give protection (Art. 34)
d. Quasi-delict or culpa-aquiliana (Art.2177)

Note: The Civil Code has SUPPLETORY application in matters governed by

special laws.
 CIVIL PERSONALITY 1. Minority
2. Insanity or imbecility
3. State of being deaf mute
Aptitude of being the subject, active or passive, of rights and obligations.
4. Prodigality
5. Civil interdiction
Juridical Capacity and Capacity to Act
Modifications/ Limitations on Capacity to Act (Art. 39): (FI3T P2A3D)
Juridical Capacity Capacity To Act
Fitness to be the subject of legal Power to do act with legal effects (Art. 1. Family Relations;
relations (Art. 37) 37) 2. Insanity;
3. Imbecility;
Passive Active 4. Insolvency;
5. Trusteeship;
Inherent Merely acquired 6. Penalty;
7. Prodigality;
Lost only through death Lost through death and other causes 8. Age;
9. Alienage;
Can exist without capacity to act Cannot exist without juridical capacity 10. Absence; and
11. State of being deaf-mute.
Cannot be limited or restricted Can be restricted, modified or limited
Note: The consequences of the restrictions and modifications in a persons
capacity to act are provided by the Civil Code, other codes, special laws, and the
Theories on Capacity to Act Rules of Court.

Theory of General Capacities Theory of Special Capacities

Applies to natural persons Applies to juridical persons
NATURAL PERSONS

One has the ability to do all things with This limits the power of juridical
persons only to those that are Beginning of Personality
legal effects except only in those
specific circumstances where the expressly conferred upon them or
General Rule: Birth determines personality (actual personality) (Art. 40).
capacity to act is restrained those which can be implied therefrom
or incidental thereto Exception: The law considers the conceived child as born for all purposes
favorable to it if born alive. Therefore, the child has a presumed personality,
Restrictions on Capacity to Act do not exempt the incapacitated person from which has two characteristics:
certain obligations as when the latter arise from his acts or from property
relations such as easements (Art. 38): (MID-PC) 1. Limited; and
2. Provisional/conditional (Quimiguing vs. Icao, G.R. No. L-26795, July 31,
1970)

Note: The concept of provisional personality CANNOT be invoked to obtain
damages for and in behalf of an aborted child (Geluz vs. CA, G.R. No. L-
16439, July 20, 1961).
When is a Child Considered Born:
General Rule: For civil purposes, the fetus is considered born if it is alive at the
time it is completely delivered from the mothers womb.
Exception: If the fetus had an intrauterine life of less than 7 months, it is NOT
deemed born if it dies within 24 hours after its complete delivery from the
maternal womb (Article 41).
Presumption of Survivorship:
In case of doubt as to which of two or more persons called to succeed each other
died first:
1. Whoever alleges the death of one prior to the other, shall prove the same
2. In the absence of proof, the presumption is that the parties died at the same
time and there shall be no transmission of rights from one another (Art. 43)
Note: Art. 43 apply when the parties are called to succeed each other or are
heirs to one another. But if the parties are not called to succeed each other, Rule
131, Sec. 3 (jj) of the Rules of Court applies. Both are to be applied only in the
absence of facts.
The legitimacy or illegitimacy of a child attaches upon his/ her conception
(Continental Steel Manufacturing Corp. v. Hon. Accredited Voluntary Arbitrator,
et al., G.R. No. 182836, October 13, 2009).
JURIDICAL PERSONS
The following are juridical persons:
1. State and its political subdivisions
2. Corporations, institutions and entities for public purpose or interest
3. Corporations, partnership and associations for private interest or purpose to
which the law grants a juridical personality, separate and distinct from that of
each shareholder, partner or member (Art. 44)
Creation:
1. For (1) and (2), by the laws creating or recognizing them; government
corporations are created by their special charters passed by the legislature
2. Private corporations are governed by BP 68; and
3. Partnerships and associations for private interest or purpose are governed by
the provisions of this Code concerning partnerships.
Note: The estate of a deceased should be considered an artificial or juridical
person for the purposes of the settlement and distribution of his estate which
include the exercise during the judicial administration thereof of his rights and the
fulfillment of obligations which survived after his death (Limjoco vs. Intestate
Estate of Pedro Fragrante, No. L770 April 27, 1948).
Cessation of Civil Personality
1. If natural persons: by death (Art. 42)
The effect of death upon the rights and obligations of the deceased is
determined by law, contract, and by will because some rights and
obligations survive the death of a person
2. If juridical persons: by termination of existence
Dissolution of private corporations is governed by Title IV of the
Corporation Code
Dissolution of corporations for public interest or purposes is governed by
the provisions of their respective charters and in its absence by the
Corporation Code
The Family Code of the Philippines took effect on August 3, 1988. other is a male gender

MARRIAGE Parties can fix a period for its efficacy

Permanent Union to be ineffective after a few years
A special contract of permanent union between a man and a woman entered into
in accordance with law for the establishment of conjugal and family life. It is the Breach of obligations of husband and
foundation of the family and an inviolable social institution whose nature, wife does not give rise to an action for Breach of ordinary contracts gives rise
consequences and incidents are governed by law and not subject to stipulation damages. The law provides penal and to an action for damages
(Art. 1). civil sanctions such as prosecution for
Although a marriage contract is considered a primary evidence of marriage, adultery or concubinage and
its absence is not always proof that no marriage took place. Testimony of one proceedings for legal separation.
of the parties to the marriage, witnesses or solemnizing officer is admissible Can be dissolved by mutual
to prove the fact of marriage. (Balogbog v. CA, G.R. No. 83598, March 7, Can be dissolved only by death or agreement and by other legal causes
1997). annulment, not by mutual agreement
Once the presumption of marriage arises, other evidence may be presented
in support thereof. The evidence need not necessarily or directly establish the Breach of Promise to Marry
marriage but must at least be enough to strengthen the presumption of
marriage. Every intendment of law leans toward legitimizing marriage General Rule: It is not by itself an actionable wrong (Hermosisima vs. CA L-
(Delgado vda de De la Rosa v. Heirs of Marciana vda de Damian, GR No 14628, September 30, 1960). One cannot seek specific performance to compel
155733, January 27, 2006) marriage.

Marriage and Ordinary Contract Distinguished Exceptions: To be actionable, there must be another act independent of the
Marriage Ordinary Contract breach of promise to marry which gives rise to liability as where there was
Special contract Merely a contract financial damage, social humiliation, and moral seduction.
Social institution Merely a contract 1. Mere breach of promise to marry is not an actionable wrong; but to formally
set a wedding and go through all the preparations and publicity, only to walk
Governed by law on marriage Governed by law on contracts out of it when the matrimony is about to be solemnized, is quite different. This
is palpably and unjustifiably contrary to good customs for which defendant
Not subject to stipulations except in must be held answerable in damages pursuant to Art. 21 NCC. (Wassmer vs.
Generally subject to stipulations
property relations Velez, No. L-20089, December 26, 1964)
Minors may contract thru their parents 2. Where a mans promise to marry was the proximate cause of giving herself
Legal capacity is required or guardians or in some cases by unto him in sexual congress and there is proof he had no intention of
themselves marrying her, the promise being a deceptive device, damages may be
awarded pursuant to Art. 21 NCC because of the fraud and deceit behind it
Contracting parties must only be two and the willful injury to her honor and reputation (Baksh vs. CA, G.R. No.
Two or more parties regardless of 97336, February 19, 1993).
persons one is a female and the
Essential Requisites of Marriage: (LC)
1. Legal capacity of the contracting parties, who must be a male and a female
a. Eighteen years old or above
b. Not under any impediment mentioned in Arts. 37 and 38 (Art. 5)
2. Consent freely given in the presence of a solemnizing officer (Art. 2)
No particular form required
Capable of intelligently understanding the nature and consequences of
the act
Formal Requisites of Marriage: (ALM)
1. Authority of the solemnizing officer
2. Valid Marriage License
3. Marriage ceremony where the contracting parties appear before the
solemnizing officer, with their personal declaration that they take each other
as husband and wife in the presence of not less than two witnesses of legal
age (Art. 3)
Effects of: (Art. 4)
1. ABSENCE of essential or formal requisites: The marriage is VOID AB INITIO
(ex: expired marriage license, marriage by way of jest)
Exception: Marriage is valid where either or both parties believed in good
faith that the solemnizing officer had legal authority to do so when he had
none at the time of the solemnization of the marriage (Art. 35(2))
2. DEFECT in any of the essential requisites: The marriage is VOIDABLE (ex:
consent obtained through force and intimidation)
3. IRREGULARITY in any of the formal requisites: Does NOT affect the validity
of the marriage BUT will hold the party responsible for such irregularity civilly,
criminally and administratively liable
Exception: Marriage is VOIDABLE where contracting party 18 years old or
over but below 21 without the consent of the parents
Authority of Solemnizing Officer
It is not the presence/absence of the solemnizing officer which constitutes the
formal requirement but the absence/presence of the authority of such
solemnizing officer at the time of the solemnization of the marriage.
General Rule: The Solemnizing officer is not duty bound to investigate whether
the marriage license was regularly issued.
Must only determine if it was issued by a competent official
If so, it may be presumed that the said official fulfilled the duty to ascertain
whether the contracting parties fulfilled the requirements of law (People vs.
Janssen)
Exception: In cases of marriage in articulo mortis, in remote places, and
between a man and a woman living together as husband and wife for at least 5
years without legal impediment to marry each other
Solemnizing officer must take steps to ascertain the ages, relationship, and
qualifications of contracting parties (Art. 29)
Persons Authorized to Solemnize Marriages (Art. 7): PMJCCC
1. Priest, rabbi, imam or ministers of any church or religious sect
a. duly authorized by his church or religious sect
b. registered with the Office of the Civil Registrar General
c. acting within the limits of the written authority granted
d. at least one of the parties belongs to the solemnizing officers church or
religious sect
2. Municipal and city mayors (Local Government Code, January 1, 1992)
The term Mayor includes a Vice-Mayor who is the Acting Mayor or who
is merely acting as a Mayor (People vs. Bustamante, citing Laxamana vs.
Baltazar)
3. Incumbent members of the judiciary within the courts jurisdiction
4. Ship captains or air plane chiefs (Art. 31)
 Only in cases of marriages in articulo mortis between passengers or crew
members
During the voyage, while plane is in flight or ship is at sea and during
stopovers at ports of call
Assistant pilot has no authority to solemnize a marriage even if airplane
chief dies during the trip
5. Commanders of military unit, in the absence of chaplain (Art. 32)
Must be a commissioned officer rank should start from second
lieutenant, ensign and above (Webster Dictionary, 1991 edition)
Only in cases of marriage in articulo mortis between members of the
armed forces or civilians within the zone of military operation
6. Consul generals, consuls or viceconsuls of the Republic of the Philippines
abroad (Art. 10)
Only in cases of marriage between Filipino citizens abroad
The marriage ceremony is in accordance with the laws of the Philippines
(Art. 17, NCC)
Also performs the duties of the local civil registrar
Consuls on home assignment in the Philippines cannot solemnize
marriage
Valid Marriage License
The license is valid in any part of the Philippines for 120 days from date of issue,
which is the date when the local civil registrar signed the license.
Automatically canceled at the expiration of the period if contracting parties
have not made use of it (Art. 20)
The requirement that the parties or one of them must reside in the place of
the issuance of the license is a mere formal requirement. If there is no
compliance with the same, the defect is a mere infirmity that does not affect
the validity of the marriage (Ty vs. Court of Appeals, 2003).
When either or both parties are foreign citizens, they must first submit a
CERTIFICATE OF LEGAL CAPACITY TO MARRY issued by their
diplomatic/consular officials before marriage license can be obtained (Art. 21)
Exception: Marriage of both foreign citizens will be solemnized by their countrys
consul-general assigned in the Philippines, if their countrys law allows the same
Stateless persons/refugees from other countries shall submit an affidavit stating
circumstances to show capacity to contract marriage before a marriage license
can be obtained (Art. 21)
Marriages Exempt from License Requirement (MOLAR) (Art.27)
1. Among Muslims or members of ethnic cultural communities solemnized in
accordance with their customs, rites and practices (Art. 33)
2. Solemnized outside the Phil. where no marriage license is required by the
country where they were solemnized
3. Of a man and a woman who have lived together as husband and wife for at
least 5 years and without legal impediment to marry each other (Art. 34)
Requisites:
a. The man and woman must have been living together as husband and
wife for at least five years before the marriage;
b. The parties must have no legal impediment to marry each other;
c. The fact of absence of legal impediment between the parties must be
present at the time of marriage;
d. The parties must execute an affidavit stating that they have lived
together for at least five years (and are without legal impediment to
marry each other); and
e. The solemnizing officer must execute a sworn statement that he had
ascertained the qualifications of the parties and that he had found no
legal impediment to their marriage (Manzano v. Sanchez G.R. No.
MTJ001329, March 08, 2001)
The 5year period should be computed on the basis of cohabitation as
husband and wife where the only missing factor is the marriage contract
to validate the union (ex: if both cohabited at the age of 17, counting
starts when parties reach 18 years)
This 5year period should be the years immediately before the day of the
marriage and it should be a period of cohabitation characterized by
EXCLUSIVITY meaning no legal impediment was present at any time
 within the 5 years and CONTINUITY that is unbroken (Republic v.
Dayot, G.R. No. 175581,March 8, 2008)
4. In articulo mortis
Remains valid even if ailing party subsequently survives (Art. 27)
5. In remote places
Residence of either party is so located that there is no means of
transportation to enable them to personally appear before the local civil
registrar (Art. 28)
Marriage Ceremony
There is no particular form prescribed by the Family Code.
The absence of two witnesses of legal age is merely an irregularity but the party
responsible for the irregularity shall be civilly, criminally, and administratively
liable.
Marriages by proxy
1. If it was solemnized in the Philippines, the marriage is VOID because
physical appearance is required under Art. 6.
2. If performed abroad, whether between Filipinos or foreigners or mixed, the
controlling article is Art. 26 of the Family Code.
Authorized Venues of Marriage (Art. 8)
General Rule: Must be solemnized publicly, and not elsewhere, in the:
1. Chambers of the judge or in open court
2. Church, chapel or temple
3. Office of consulgeneral, consul or viceconsul
Exceptions:
1. Marriage in articulo mortis;
2. Marriage in remote places;
3. Marriage at a house or place designated by the parties in a sworn statement
to that effect, with the written request of both parties to the solemnizing officer
Note: This provision is only directory and the requirement that the marriage be
solemnized in a particular or a public place is not an essential requisite.
FOREIGN MARRIAGE
Validity of Marriage
General Rule: Where one or both parties to the marriage are citizens of the
Philippines, the foreign marriage is valid in this country if solemnized in
accordance with the laws of the country of celebration. (Art. 26)
In case a Filipino contracts a foreign marriage which is null and void in the
place where it was solemnized, the same shall also be null and void in the
Philippines even if such was valid if celebrated under Philippine laws
If both are foreigners, lex loci celebrationis applies
Exceptions: Foreign marriages shall not be recognized in the Philippines if:
(B2MA-PIP)
1. Contracted by a national who is below 18 years of age (Art. 35(1))
2. Bigamous or polygamous except as provided in Art. 41, FC (Art. 35(4))
3. Contracted through mistake of one party as to the identity of the other (Art.
35(5))
4. Contracted following the annulment or declaration of nullity of a previous
marriage but before partition (Art.35(6))
5. Void due to psychological incapacity (Art. 36)
6. Incestuous (Art.37)
7. Void for reasons of public policy (Art. 38)
Divorce
General rule: No divorce is allowed in the Philippines
Exceptions: VOID MARRIAGES (Art. 35)

1. Between 2 aliens if valid in their national laws even if marriage was

celebrated in the Philippines Due to absence of any of the essential requisites: (BBLAPIS)
2. Between a Filipino and an Alien if (a) there is a valid marriage celebrated
between a Filipino citizen and a foreigner; and (b) a valid divorce according to 1. Contracted by any party below 18 years of age even with parental consent;
the national law of the foreigner is obtained abroad by the alien spouse
capacitating him or her to remarry. Art. 26(2)) 2. Solemnized by any person NOT LEGALLY authorized to perform marriages
UNLESS one or both of the parties believed in good faith that the solemnizing
The Filipino spouse should likewise be allowed to remarry as if he or she
officer had the legal authority to do so;
was a foreigner at the time of the solemnization of the marriage. To rule
otherwise would sanction absurdity and injustice
3. Solemnized WITHOUT a license except as otherwise provided;
Party pleading it must prove divorce as a fact and demonstrate its
conformity to the foreign law allowing it, which must be proved as courts
4. Bigamous or polygamous marriages except Art 41;
cannot take judicial notice of foreign laws. If a valid divorce decree has
been obtained abroad, there is no more need to file an action to nullify the
5. Marriages contracted through mistake of one of the parties as to the physical
marriage. The plaintiff has no more personality to sue since the marriage
identity of the other
bond has already been severed (Felicitas Amor-Catalan vs. CA, G.R. No.
167109, February 6, 2007).
6. Subsequent marriages that are void under Article 53 of the Family Code
Article 26 (2) applies where parties were Filipino citizens at the time of
celebration of the marriage, but later on, one of them becomes 7. Contracted by a party who at the time of the marriage was psychologically
naturalized as a foreign citizen and obtains a divorce decree because the incapacitated.
reckoning point is their citizenship at the time a valid divorce is obtained
abroad by the alien spouse capacitating the latter to remarry. (Rep. vs. Note: Enumeration in Art 35 is NOT exclusive.
Cipriano Obrecido III, G.R. No. 154380, Oct. 5, 2005)
In Edgar San Luis v. Felicidad Sagalongos (G.R. No. 134029, February 6, Psychological Incapacity (Art. 36)
2007), whether a Filipino who had been divorced by his alien spouse
abroad may validly remarry in the Philippines considering that the No less than a mental (not physical) incapacity that causes a party to be truly
marriage was solemnized before the Family Code, it was held that it need incognitive of the basic marital covenants that concomitantly must be assumed
not retroactively apply the provisions of the Family Code, particularly
and discharged by the parties to the marriage. Its meaning is confined to the
Article 26, par. (2), considering that there is sufficient jurisprudential basis
allowing the retroactivity of the Family Code. most serious cases of personality disorders clearly demonstrative of an utter
There must be a showing that the divorce decree gave the foreigner insensitivity or inability to give meaning and significance to the marriage. This
spouse legal capacity to remarry because in some jurisdictions, psychological condition must exist at the time the marriage is celebrated. (Santos
remarriage may be limited or prohibited (Bayot vs. Bayot, G.R. No. vs. CA, G.R. No. 112019, January 4, 1995)
155635 & 163979, November 7, 2008).
Requisites of Psychological Incapacity: (JIG)

1. Gravity must be grave/serious such that the party would be incapable of

carrying out the ordinary duties required in a marriage;
2. Juridical Antecedence Must be rooted in the history of the party antedating
the marriage, although the overt manifestations may emerge only after the
marriage; and
3. Incurability Must be incurable or, even if it were otherwise, the cure would
be beyond the means of the party involved. (Santos vs. CA, G.R. No.
112019, January 4, 1995)
May involve a senseless, protracted and constant refusal to comply with the
essential marital obligations by one or both of the spouses although he, she or
they are physically capable of performing such obligations (Chi Ming Tsoi v. CA,
G.R. No. 119190, Jan. 16, 1997)
A person who is unable to distinguish between fantasy and reality would be
unable to comprehend the legal nature of the marital bond much less its psychic
meaning and the obligations attached to the marriage, including parenting. One
unable to adhere to reality cannot be expected to adhere as well to any legal or
emotional commitments (Antonio v. Reyes, G.R. No. 155800, March 10, 2006)
While disagreements on money matters would, no doubt, affect the other aspects
of ones marriage as to make the wedlock unsatisfactory, this is not a sufficient
ground to declare a marriage null and void. In fact, the Court takes judicial notice
of the fact that disagreements regarding money matters is a common, and even
normal, occurrence between husbands and wives. (Tongol vs. Tongol, G.R. No.
157610, October 19, 2007)
Petitioner is not entitled to moral damages based on declaration of psychological
incapacity because the award of moral damages should be predicated, not on
the mere act of entering into the marriage, but on specific evidence that it was
done deliberately and with malice by a party who had known of his or her
disability and yet willfully concealed the same. (Noel Buenaventura v. CA, et al.,
G.R. No. 127358, March 31, 2005)
Essential Elements: (MAVFFCCI)
1. Mental condition
2. Applies to a person who is maritally contracted to another
3. Marriage entered into with volition
4. Failure to perform or comply with the essential obligations in marriage
5. Failure to perform is chronic
6. Cause is psychological in nature
7. Cause is serious, with juridical antecedence, and must be incurable
8. Incapacity results in the failure of the marriage.
Jurisprudential Guidelines (Molina Doctrine) (Republic v. Molina G.R. No.
108763, February 13, 1997): (PROBE PIG)
1. Plaintiff has burden of proof;
2. Root cause of the psychological incapacity must be:
a. Medically or clinically identified
b. Alleged in the complaint:
i. Sufficiently proven by experts
ii. Clearly explained in the decision
3. Incapacity proven to be existing at the time of the celebration of marriage;
4. Incapacity must be permanent or incurable;
5. Illness is grave enough to bring about disability to assume essential marital
obligations;
6. Marital obligations refer to Art. 6871, 220,221 and 225 of the FC;
7. Interpretations of the National Appellate Matrimonial Tribunal of the Catholic
Church of the Philippines while not controlling should be given great respect;
8. Trial court must order the prosecuting attorney or fiscal and the Solicitor
General to appear for the state.
Note: The SC held in Te vs. Te (G.R. No. 161793, February 13, 200) as decisive
the psychological evaluation made by the expert witness and thus ruled that the
marriage of the parties is null and void on the ground of both parties
psychological incapacity. The clinical psychologist did not personally examine the
respondent, and relied only on the information provided by petitioner. Further, the
psychological incapacity was not shown to be attended by gravity, juridical
antecedence, and incurability, deviating from Republic vs. CA and Molina (1997)
ruling, upon the Courts reasoning that the impositions of the Molina case were
inappropriate, as cases of psychological incapacity should be decided not on the
basis of a priori assumptions, predictions or generalizations but according to its
own facts. Courts should interpret the provision on a case-to-case basis; guided
by experience, the findings of experts and researchers in psychological
disciplines, and by decisions of church tribunals. The Molina doctrine has
become a strait-jacket, forcing all sizes to fit into and be bound by it. The Court in
conveniently applying Molina, has allowed diagnosed sociopaths,
schizophrenics, nymphomaniacs, narcissists and the like, to continuously debase
and pervert the sanctity of marriage.
The wifes promiscuity and the psychiatrists report that she was suffering from
social personality disorder exhibited by blatant display of infidelity, emotional
immaturity, and irresponsibility cannot be equated with psychological incapacity
(Dedel vs. Court of Appeals, G.R. No. 151867, January 29, 2004).
Similarly, the husbands alleged alcoholism, drunkenness, his habitual verbal and
physical abuse of the wife, failure to support the latter and her children, and
unbearable jealousy, do not constitute psychological incapacity (Republic vs.
Melgar, G.R. No. 139676,March 31, 2006).
In Marcos v. Marcos (GR. NO. 136490, October 19, 2000), the SC held that
psychological incapacity may be established by the totality of the evidence
presented. The facts alleged in the petition and the evidence presented,
considered in totality, should be sufficient to convince the court of the
psychological incapacity of the party concerned. (Bernardino S. Zamora vs. CA,
G.R. No. 141917, February 7, 2007)
The complete facts should allege the physical manifestations, if any, as are
indicative of psychological incapacity at the time of the celebration (Sec. 2(d)
A.M. No. 02-11-10-SC, March 15, 2003)
There is NO REQUIREMENT that the person sought to be declared
psychologically incapacitated should be personally examined by a physician/
psychologist as a condition sine qua non to arrive at such declaration. It can
be proven by independent means that one is psychologically incapacitated,
There is no reason why the same should not be credited. (Republic of the
Philippines vs. Laila Tanyag-San Jose and Manolito San Jose, G.R. No.
168328, February 28, 2007)
Psychological incapacity is not meant to comprehend all possible cases of
psychoses. The fourth guideline in Molina requires that the psychological
incapacity as understood under Art. 36 (FC) must be relevant to the assumption
of marriage obligations, not necessarily to those not related to marriage, like the
exercise of a profession or employment in a job (Tongol vs. Tongol, G.R. No.
157610, October 19, 2007).
The new Rule promulgated by the SC on 4 March 2003 on Annulment and
Declaration of Nullity of Marriage dispensed with the certification from the
Solicitor General, stating therein his reasons for his agreement or opposition to
the petition. Attachment of expert opinions to the petition is also dispensed with
(Tongol vs. Tongol, G.R. No. 157610, October 19, 2007).
Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of
Voidable Marriages (A.M. No. 02- 11- 10 SC, March 15, 2003), provides option to
the trial judge to refer the case to a court- appointed psychologist/ expert for an
independent assessment and evaluation of the psychological state of the parties,
in order to assist the court to arrive at an intelligent and judicious determination of
the case.
Note: Final judgment denying a petition for nullity on the ground of psychological
incapacity bars a subsequent petition for declaration of nullity on the ground of
lack of marriage license. There is res judicata (Mallion vs. Alcantara, G.R. No.
141528, October 31, 2006).
Incestuous marriages, whether the relationship is legitimate or illegitimate,
between (Art. 37):
1. Ascendants & Descendants of any degree;
2. Brothers & Sisters whether full or halfblood
Those contrary to public policy contracted between (Art. 38): (C-KA3PS3)
1. Collateral blood relatives whether legitimate or illegitimate up to the 4th civil
degree
2. Stepparents & step children
3. Parentsinlaw & childreninlaw
4. The adopting parent & the adopted child
5. The surviving spouse of the adopting parent & the adopted child
6. The surviving spouse of the adopted child & the adopter
7. Adopted child & a legitimate child of the adopter
8. Adopted children of the same adopter
9. Parties where one, with the intention to marry the other, killed the latters Can be attacked directly or Can be attacked directly only
spouse, or his/her spouse. collaterally
There is no need for conviction in a criminal case of the guilty party. The
fact of killing committed by one of the parties to the marriage can be Coownership of properties through Generally Conjugal Partnership or
proved in a civil case joint actual contributions Absolute Community
The following can now marry each other: (LSG-CA) Always void Valid until annulled
1. Brotherinlaw and sisterinlaw; Action for declaration of nullity does Action prescribes
2. Stepbrother and stepsister; not prescribe
3. Guardian and ward;
4. Adopted and illegitimate child, parents and relatives by consanguinity or Only the spouses can have their Those provided under Art. 47
affinity of the adopter;
5. Parties who have been convicted of adultery or concubinage. marriage declared void starting
6. Collateral relatives by the half blood March 15, 2003; but before such
date, any interested party can do so
Void Subsequent Marriages

1. Without judicial declaration of nullity of previous void marriage (Art. 40)

2. Without judicial declaration of presumptive death of absent spouse (Art. 41)
3. Where the absent spouse was presumed dead, and both the present spouse
and wouldbe spouse were in bad faith in contracting marriage (Art. 44)
4. Failure to comply with Art 52 requiring the partition and distribution of
properties and delivery of childrens presumptive legitimes which should be
recorded in the appropriate civil registry and registry of property after
obtaining judgment for declaration of nullity or annulment (Art. 53).
Judicial Declaration of Nullity
The absolute nullity of a previous marriage may be invoked for purposes of
remarriage on the basis solely of a final judgment declaring such previous
marriage void (Art. 40).
Remarriage is not the sole purpose of declaration of nullity of a marriage as it
can be declared void for other purposes

Note: Failure to record in the civil registry and registry of property the judgment For purposes of remarriage, the only legally acceptable basis for declaring a
of annulment or of absolute nullity of the marriage, partition and distribution of the previous marriage an absolute nullity is a final judgment declaring such previous
marriage void
property of the spouses and the delivery of the childrens presumptive legitimes
Parties to a marriage should not be permitted to judge for themselves its
shall not affect third persons (Arts. 5253).
nullity, only competent courts having such authority. Prior to such declaration
of nullity, the validity of the first marriage is beyond question (Landicho vs.
Void and Voidable Marriage Distinguished
Rolova L-22579, February 23, 1968).
Void Voidable One who enters into a subsequent marriage without first obtaining such
judicial declaration is guilty of bigamy. This principle applies even if the
Decree of nullity Decree of annulment
earlier union is characterized by statute as void. (Manuel vs. People, G.R.
Incapable of ratification Ratified by free cohabitation No. 165842,November 29, 2005)
Interestingly, in Lucio Morigo vs. People, GR No. 145226, Feb. 6, 2004, the
 SC ruled that a judicial declaration of nullity is NOT NEEDED where NO
MARRIAGE CEREMONY at all was performed by a duly authorized
solemnizing officer, as where the parties merely signed a marriage contract
on their own without the presence of the solemnizing officer
For purposes other than remarriage, such as but not limited to determination of
heirship, legitimacy or illegitimacy of a child, settlement of estate, dissolution of
property regime or criminal case, other evidence is acceptable to show the nullity
of the marriage and the court may pass upon the validity of marriage so long as it
is essential to the determination of the case (Nial vs. Bayadog, G.R. No.
133778, March 14, 2000).
Collateral attack of marriage is allowed
In a case for concubinage, the accused need not present a final judgment
declaring his marriage void, for he can adduce evidence in the criminal case
of the nullity of his marriage other than proof of a final judgment declaring his
marriage void (Beltran vs. People, G.R. No. 137567, June 20, 2000).
Who may file Action for Declaration of Nullity
Before March 15, 2003 Any interested party can file a direct case for nullity of
marriage, e.g., a father can file a case for declaration of nullity of a bigamous
marriage entered into by his daughter and a married man.
March 15, 2003 and onwards A petition for declaration of absolute nullity of
void marriage may be filed solely by the husband or wife. A.M. 02-11-10-SC
which provides for the same is prospective in its application. (Juan de Dios
Carlos vs. Falicidad Sandoval, G.R. No. 179922, December 16, 2008)
Imprescriptibility of Action for Declaration of Nullity
General Rule: The action or defense for the declaration of absolute nullity of a
marriage shall not prescribe (Art. 39, as amended by R.A. 8533 approved on
February 23, 1998).
Declaration of Nullity not a Prejudicial Question
The pendency of the civil action for nullity of marriage does not pose a prejudicial
question in a criminal case for concubinage. (Beltran vs. People, G.R. No.
137567, June 20, 2000). This ruling applies in a case for bigamy by analogy
since both crimes presuppose the subsistence of a marriage. (Bobis vs. Bobis,
G.R. No.138509, July 31, 2000).
BIGAMOUS MARRIAGES (Art. 41)
General Rule: A marriage contracted by any person during the subsistence of a
previous valid marriage shall be null and void (Gomez v. Lipana, GR. No. L
23214, June 30, 1970)
Exception: Before the celebration of the subsequent marriage, a declaration of
presumptive death is obtained after complying with the following requirements:
(JAB)
1. Absence of the other spouse must have been for 4 consecutive years, or 2
years where there was danger of death under circumstances laid down in Art.
391 of the NCC
2. Well-founded belief of the present spouse who wishes to marry that absent
spouse is already dead
3. Judicial declaration of presumptive death; present spouse must file a
summary proceeding for the declaration of the presumptive death of the
absentee without prejudice to the latters reappearance
Note: This is intended to protect the present spouse from criminal prosecution for
bigamy under Art 349 of the Rev Penal Code. However, if the bigamous marriage
was committed abroad, the guilty party cannot be criminally prosecuted for
bigamy in the Philippines as our penal statutes are territorial in nature.
Exception to the exception: If both spouses of the subsequent marriage acted
in bad faith, said marriage shall be void ab initio and all donations made by one
in favor of the other are revoked by operation of law. (Art. 44)
Effect of Reappearance of Absent Spouse:
General Rule: The subsequent bigamous marriage under Article 41 remains
valid despite reappearance of the absentee spouse.
Exception: Subsequent marriage is automatically terminated if the reappearance
was recorded in a sworn statement in the civil registry of the residence of the
parties to the subsequent marriage at the instance of any interested person with
due notice to said spouses, without prejudice to the fact of reappearance being
judicially determined in case such fact is disputed.
Exception to the exception: If there was a previous judgment annulling or
declaring the first marriage a nullity, the subsequent bigamous marriage remains
valid.
Notes:
If the absentee reappears, but no step is taken to terminate the subsequent
marriage either by affidavit or by court action, such absentees mere
reappearance, even if made known to the spouses in the subsequent
marriage will not terminate such marriage (SSS v. Bailon, G.R. No 165545,
March 24, 2006).
Judgment declaring a spouse presumptively dead is unappealable because
the proceedings thereon are summary in nature as per Art. 153 FC. The
remedy is special civil action for certiorari (Heirs of Maura So vs. Obliosca,
G.R. No. 147082, January 28, 2008).
See Comparative Chart on Effects of Declaration of Nullity, Annulment and
Termination of Marriage in Art. 41 and Legal Separation.
VOIDABLE MARRIAGES (Art. 45)
Grounds: (UPFAVS) must exist AT THE TIME of marriage
1. Age of the party in whose behalf the marriage is sought to be annulled was
18 years of age or over but below 21, and the marriage was solemnized
without the consent of the parents, guardian or person exercising substitute
parental authority over the party, in that order;
2. Unsound mind of either party
3. Consent of either party obtained by fraudulent means as enumerated in Art.
46: (NPSD)
a. Nondisclosure of a previous conviction by final judgment of the other
party of a crime involving moral turpitude;
b. Concealment by the wife of the fact that at the time of the marriage, she
was pregnant by a man other than her husband;
Must have been done in bad faith. If the woman did not expressly
inform the man of her pregnancy but such physical condition was
readily apparent to the man, he cannot claim lack of knowledge
thereof. (Buccat vs. Buccat, G.R. No. 47101, April 25, 1941)
c. Concealment of a sexually transmissible disease, regardless of its nature,
existing at the time of the marriage; and
Nature or gravity of disease is irrelevant; it is enough that there was
concealment at the time of the ceremony
d. Concealment of drug addiction, habitual alcoholism, homosexuality or
lesbianism existing at the time of the marriage
4. Vitiated consent of either party through force, intimidation or undue influence
Criminal liability attaches to anyone who uses violence, intimidation and
fraud in contracting a marriage (Art. 350 RPC)
5. Physical incapability of either party to consummate the marriage with the
other, and such incapacity continues and appears to be incurable (impotency)
Permanent inability on the part of one of the spouses to perform the
complete act of sexual intercourse, arising from physical and other
causes, including psychological causes
Need not be universal; condition may exist only as to the present spouse
and not as to others
Requisites for annulment due to Impotence: (CUPIN)
a. It exists at the time of the celebration of the marriage;
b. It is permanent;
c. It is incurable;
d. It is unknown to the other spouse;
e. The other spouse must not also be impotent.
Doctrine of Triennial Cohabitation Presumption that the husband is
impotent should the wife still remain a virgin for at least 3 years from time
spouses started cohabiting.
6. Sexually transmissible disease of either party found to be serious and
appears to be incurable.
 Elements: (ESSA) Insanity Sane spouse Anytime before Free cohabita-
who has no the death of tion after insane
a. Existing at the time of marriage know-ledge of either party regains sanity
b. Sexually transmissible disease
c. It is serious; and the insanity
d. Appears incurable
Relative, Anytime before
The enumeration in Article 46 is EXCLUSIVE (Anaya vs. Palaroan, GR. No. L guardian or the death of
27930, November 26, 1970). persons having either party
legal charge of Free cohabita-
the insane tion after insane
Note: Misrepresentation as to character, health, rank, fortune or chastity is NOT regains sanity
a ground for annulment. Insane spouse During lucid
interval or after
regaining sanity
Grounds Persons Who Prescrip-tive
Ratifi-cation
(F2I2NS) May Sue Period Parent/ legal Anytime before
Force, Injured party W/in 5 years from Free cohabita-
guardian having the no consent
intimidation, or the time the tion after disap- charge of the party reaches 21 Free cohabita-
undue influence force, pearance of noconsent tion after
intimidation, or force, intimida- Non consent
party reaching age of
undue influence tion / undue
21
ceased influence respect- No consent W/in 5 years after
tively party reaching 21

Fraud Injured party W/in 5 years from Free cohabita-

STD Injured party W/in 5 years after No ratifica-tion
the discovery of tion even with full
the celebration of since defect is
fraud know-ledge of
the marriage perma-nent.
facts constitu-ting
the fraud

Incapabi-lity to Injured party W/in 5 years after No ratification Note: Whichever comes first may convalidate the marriage: Cohabitation OR
consum-mate the celebration of since defect is Prescription.
the marriage permanent
Additional Requirements for Annulment or Declaration of Nullity
Prosecuting attorney or fiscal should:
1. Appear on behalf of the state
2. Take steps to prevent collusion between the parties
3. Take care that evidence is not fabricated or suppressed
Collusion
Public Prosecutor shall be ordered by the court to investigate and to submit a
report on whether parties are in collusion when:
1. No answer is filed or the answer does not tender an issue;
2. Respondent filed his answer but failed to appear at the pre-trial (Secs. 8(3)
and 13(b), A.M. No. 02-11-12-SC, March 15, 2003)
Note: The same also applies to Legal Separation pursuant to Secs. 5(c) and
10(2) of A.M. No. 02-11-11-SC, March 15, 2003.
There will be collusion only if the parties had arranged to make it appear that a
ground existed or had been committed although it was not, or if the parties had
connived to bring about a matrimonial case even in the absence of grounds
therefor (Ocampo vs. Florenciano, GR. No. L13553, February 23, 1960).
However, petitioners vehement opposition to the annulment proceedings
negates the conclusion that collusion existed between the parties. Under these
circumstances, the nonintervention of a prosecuting attorney to assure lack of
collusion between the contending parties is not fatal to the validity of the
proceedings in the trial court (Tuason vs. CA, G.R. No. 116607, April 10, 1996).
Decision
No judgment on the pleadings, summary judgment, confession of judgment, or
judgment by default shall be allowed.
If the defendant spouse fails to answer the complaint, the court CANNOT declare
him or her in default. But instead, should order the public prosecutor to determine
if collusion exists between the parties.
Note: The same also applies to Legal Separation
After court grants petition, it shall issue the decree of absolute nullity or
annulment only after compliance with the following:
1. Must proceed with the liquidation, partition, and distribution of the properties
of the spouses including custody and support of the common children unless
such matters had been adjudicated in previous judicial proceedings
2. Delivery of the childrens presumptive legitimes
3. Registration of the entry of judgment granting petition for declaration of
absolute nullity or annulment in the Civil Registry where the marriage was
celebrated and in the Civil Registry of the place where the FC was located
4. Registration of approved partition and distribution of properties of the
spouses in the proper Registry of Deeds where the real properties are
located
Note: The same applies to Legal Separation.
In case of annulment or declaration of absolute nullity of marriage, Art.49 of the
Family Code grants visitation rights to a parent who is deprived of the custody of
the children. Such visitation rights flow from the natural right of both parents to
each others company. There being no such parent child relationship between
them, Gerardo has no demandable right to visit the child of Mario with Theresa
(Concepcion vs. CA GR. No. 12345, August 31, 2005).
Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of
Voidable Marriages (A.M. 001101SC)
This took effect on March 15, 2003.
This Rule shall govern petitions for declaration of absolute nullity of void
marriages and annulment of voidable marriages under the Family Code of the
Philippines.
The Rules of Court have suppletory application.
For a more comprehensive discussion on the procedural aspects of the Rule,
please refer to the Remedial Law Memory Aid.
 LEGAL SEPARATION view of attaining reconciliation between them. No action for Legal Separation
shall be tried during such period (Art. 58). It is a mandatory requirement and its
non-compliance makes the decision infirm. (Pacete vs. Carrianga, G.R. No.
Exclusive Grounds: (SAMBALIPAD)
53880, March 17, 1994)
1. Repeated physical violence or grossly abusive conduct directed against the
Grounds for Denial of Petition (Art. 56): (C4MPDR)
petitioner, a common child, or a child of the petitioner
1. Condonation of the offense or act complained of. But failure of the husband to
2. Attempt of the respondent to corrupt or induce the petitioner, a common child,
look for his adulterous wife is NOT condonation to wife's adultery (Ocampo
or a child of the petitioner, to engage in prostitution, or connivance in such
vs. Florenciano, G.R. No. L13553, February 23, 1960).
corruption or inducement
The act of the husband in having sexual intercourse with his wife in spite
Refers to prostitution only and irrespective of the age of the child
of his knowledge of the latters infidelity is an act of implied condonation.
(Ginez v. Bugayong, G.R. No. L-10033, December 28, 1956)
3. Attempt by the respondent against the life of the petitioner
2. Consent to commission of offense or act complained of
4. Final judgment sentencing the respondent to imprisonment of more than 6
years even if pardoned
3. Connivance between parties of commission of offense or act
constituting ground
5. Drug addiction or habitual alcoholism of the respondent
Connivance is corrupt consenting
6. Lesbianism or homosexuality of the respondent
4. Collusion between parties
7. Abandonment of the petitioner by the respondent without justifiable cause for Collusion is corrupt agreement between the spouses to procure divorce
more than 1 year or legal separation
There must be absolute cessation of marital relations, duties, and rights,
5. Mutual Guilt or where both parties have given ground for legal separation
with the intention of perpetual separation (Partosa-Jo vs. CA, G.R. No.
82606, December 18, 1992). Abandonment implies total renunciation of
6. Prescription
duties.
An action for legal separation shall be filed within 5 years from time of
8. Physical violence or moral pressure to compel petitioner to change religious occurrence of the cause (Art. 57)
or political affiliation
7. Death of either party during the pendency of the case (LapuzSy vs.
9. Contracting by respondent of a subsequent bigamous marriage; and Eufemio, G.R. No. 113842, August 3, 1994)

10. Sexual infidelity or perversion. 8. Reconciliation of the spouses during the pendency of the case
Sexual perversion includes engaging in such behavior not only with third By filing in the same proceeding a joint manifestation under oath, duly
persons but also with the spouse signed by the spouses (Art. 65)

CoolingOff Period 6-month period from the filing of the petition designed to
give the parties enough time to further contemplate their positions with the end in
Effects of Filing Petition: (LDS) Revival of Property Regime (Art. 67)

1. The spouses shall be entitled to live separately from each other
2. In the absence of an agreement between the parties, the court shall
designate the husband, the wife, or a third person to manage the absolute
community or conjugal partnership property (Art. 61)
3. The husband shall have no more right to have sexual intercourse with his
wife.
Decision
No legal separation may be decreed unless the Court has taken steps toward the
reconciliation of the spouses and is fully satisfied, despite such efforts, that
reconciliation is highly improbable. (Art. 59)
Note: The wife who has been granted legal separation cannot petition to be
allowed to revert to her maiden name.
Even if the parents are separated de facto, still in the absence of judicial grant of
custody to one parent, both parents are entitled to the custody of their child. The
remedy of habeas corpus may be resorted to by the parent who has been
deprived of the rightful custody of the child (Salientes v. Abanilla, G.R. No.
162734, August 29, 2006).
Note: A decree of legal separation, on the ground of concubinage, may issue
upon proof of preponderance of evidence in the action for legal separation. No
criminal proceedings or conviction is necessary.
Agreement of revival and motion for its approval shall be filed in court in the
same proceeding for legal separation and shall be executed under oath and shall
specify:
1. Properties to be contributed anew to restored regime;
2. Those to be retained as separated properties of each spouse;
3. Names of all known creditors, addresses, and amounts owing to each
After due hearing, court shall take measures to protect interest of creditors and
such order shall be recorded in the proper registries of properties but the same
shall not prejudice creditors not listed or notified, unless debtor-spouse has
sufficient separate properties to satisfy creditors claim.
Rule on Legal Separation (A.M. 021111SC)
This took effect on March 15, 2003.
This Rule shall govern petitions for legal separation under the Family Code in the
Philippines; the Rules of Court shall apply suppletorily.
Please refer to the Remedial Law Memory Aid for the procedural provisions of
the Rule.

Effects of Reconciliation of the Spouses (Art. 66):

1. The legal separation proceedings, if still pending, shall thereby be terminated

at whatever stage.
2. The final decree of legal separation shall be set aside, but the separation of
property and any forfeiture of share of the guilty spouse already effected shall
subsist, unless the spouses agree to revive their former property regime.