PERSONS Memory Aid

Important Provisions Key Cases

New Civil Code Case Memory Cue & Notes Doctrine

Art. 2 Effectivity of Laws (Publication & Date) Tanada v. We ALL know this. But especially Effectivity of Laws
Art. 3 Ignorance of the Law Tuvera Jerlline. W/N Publication is an essential
Art. 4 Non-Retroactivity of Laws requisite for the effectivity of laws.
Art. 6 Waiver of Rights Pert-CPM v. Filing money & breach of discipline claims Retroactivity of
Art. 8 Legis interpretation legis vim obtinet Vinuya with NLRC or POEA under new law Laws
Art. 12 “Custom must be proved as fact” Pesca v. Pesca Application of Republic v. Molina & Stare decisis
Art. 15 Persons & Family Laws binding on all Filipinos Santos v. CA as Jurisprudence
Art. 16 Real Property Laws dependent on country Tenchavez v. Divorce obtained abroad by Filipino is Nationality Rule –
Art. 18 Civil Code is suppletory Escano invalid Family Laws
Art. 19 “Principle of Abuse of Rights” Amos v. Bellis Property abroad governed by U.S. Nationality Rule –
Art. 20 Damage to another contrary to law (Texas) law; No legitime Property Laws
Art. 21 Damage to another contrary to morals, custom, etc. Geluz v. CA Habitual Abortion; No right to damages Civil Personality
Art. 37 Juridical Capacity v. Capacity to Act for death of a person of the Unborn
Art. 40 Personality from Birth (or Conception) Limjoco v. Fragrante’s Application to run an Ice Civil Personality
Art. 41 On Personality of Fetuses Fragrante Plant  Transfers to his estate of the Deceased
Art. 43 Presumption as to Death for Succession Joaquin v. “In the absence of proof the presumption Statutory
Navarro shall be that they died at the same time, Presumption as
Family Code and no transmission of rights from one to Survivorship
to the other shall take place.”
E.O. 209 Effective from August 3, 1988
Art. 1 Marriage as “Special Contract of Permanent Union” Atizado v. Murder of SB Member; Mitigation of Minority cf.
People liability due to Minority Capacity
Art. 2 Essential Requisites of Marriage
Std. Oil v. No mitigation of liability due to Insanity cf.
Art. 3 Formal Requisites of Marriage
Arenas “monomania of wealth” Capacity
Art. 4 Absence of Essential/Formal Requisites of Marriage
D. Jalosjos v. Incapacity due to conviction for Robbery Civ Interdiction
Art. 7 Valid Solemnizing Officers
COMELEC (and deceit as to parole) cf. Capacity
Art. 9 Marriage License Requirement R. Jalosjos v. Australian-Filipino’s repatriation & Alienation cf.
Art. 26 Validity of Foreign Marriage; Recognition of Foreign Divorce COMELEC running for office; Domicile & animus Capacity
Art. 27 Marriages in Articulo Mortis manendi
Art. 34 Co-Habitation Rule on Marriage Licenses Olaguer v. SPA for property administration during Absence cf.
Art. 35 Marriages void ab initio Purruganan Martial Law imprisonment; Validity of Capacity
Art. 36 Psychological Incapacity Sale by attorney
Art. 39 Imprescriptibility of Actions for Declaration of Nullity Silverio v. “[M]arriage, one of the most sacred Nature of
Art. 40 Judicial Declaration of Nullity for Remarriage Republic social institutions, is a ‘special contract of Marriage
Art. 41 Presumptive Death Doctrine permanent union between a man and a
Art. 45 Grounds for Annulment (i.e. Voidable Marriages) woman.’”
Art. 46 Fraud as Grounds for Annulment

F. J. Bautista
sum non mea
Wassmer v. Husband-to-be left two days before Breach of Republic v. PD Requisite: “Well-founded belief” of death based on proper
Velez marriage; Damages granted under Art. 21 Promise to Marry Granada and honest-to-goodness inquiries as to the absent spouse’
Nollora, Jr. v. Saudi Arabia; Claims to be Muslim; Previous Marriage whereabouts. (Also, read with Republic v. Nolasco)
People Insufficient proof, therefore, bigamous as Impediment Santos v. CA Wife went abroad as nurse, did not Elements of
Anaya v. Concealed intimate relationship with Fraud for return; Def’n of Psych. Incapacity: Grave, Psychological
Palaroan close relative; not grounds for annulment Annulment With Juridical Antecedence, Incurable Incapacity
Villanueva v. “Ka Celso”; Insufficient proof of Intimidation for Republic v. Husband is “immature and irresponsible”; How to Prove
CA intimidation Annulment Molina Procedure for Proving Psychological Psychological
Jimenez v. Small Vagina; “Impotency being an Physical Incapacity Incapacity Incapacity
Canizares abnormal condition should not be for Annulment Antonio v. “Statistics never lie, but lovers often do”; Psych. Incapacity of
presumed. The presumption is in favor of Reyes habitual liar: “Truly incognitive of the basic marital covenants”
potency.” Kalaw v. Wife (supposedly) abandons children for “The [Molina]
Alcantara v. Carmona Marriage License; “Semper Marriage License Fernandez mahjong; No evident PI under Santos & guidelines have
Alcantara praesumitur pro matrimonio. The Requirement (2011) Molina Standards turned out to be
presumption is always in favor of the Kalaw v. On MR, “Wittingly or unwittingly… in rigid… condemns
validity of the marriage.” Fernandez Molina, [the Court] has allowed petitions… nullity
Ninal v. Married w/o ML; Claimed cohabitation of Cohabitation w/o (2015) diagnosed sociopaths, schizophrenics, to… certain
Bayadog more than 5 years; Invalid due to Impediment nymphomaniacs, narcissists and the like, rejection.”
Impediment during Cohabitation to continuously debase and pervert the
Aranes v. RTC Judge married couple outside of his Jurisdiction of Sol. sanctity of marriage.”
Occiano jurisdiction Officer Enrico v. A.M. 02-11-10-SC; who may Pre-Mar. 7, 2003: Interested
People v. “Person living together in apparent ML is BEST Heirs of assail validity of marriages Parties
Borromeo matrimony are presumed, in the absence evidence of Medinaceli under FC & after AM’s Post-Mar. 7, 2003: Only
of any counter presumption or evidence matrimony, but enactment parties to the marriage
special to the case, to be in fact married.” not ONLY Malcampo-Sin State did not participate in lower court Role of OSG in
evidence v. Sin proceedings; There must be investigation nullity
Yao Kee v. Succession of Sy, with Filipino & Chinese Proof of Foreign to ensure no collusion proceedings
Sy-Gonzales families Marriage Tolentino v. NCC “expressly prohibit the rendition of No Confession of
Republic v. Foreign Spouse w/ Decree of Divorce; Cf. Tenchavez v. Villanueva a decision in suits for annulment of Judgement or
Orbecido III Generally: Lex Loci Celebrationis Escano marriage… based on a stipulation of facts Stipulation of
Eugenio v. Custody of dead body & right to bury; Common Law or by confession of judgment.” (Cf. Atty. Facts
Velez Common Law Spouses not considered Spouses Omana case)
under the Family Code/Civil Code Carino v. Policeman married 1st wife w/o ML, then JDN always
Bobis v. Bobis W/N question of nullity of marriage is a Lack of Formal Carino married 2nd wife w/o JDN; Also, see necessary for
prejudicial question in a criminal suit for Requisite (i.e. Bobis v. Bobis. remarriage
bigamy. No, it is not. Cf. Art. 40 Marriage License)
SSS v. Jarque Widow by 2nd Marriage claims SSS Presumptive
pension; Illegitimate children produce Death not voided
presumed dead 1st wife by mere
reappearance

F. J. Bautista
sum non mea