Civil Law Moral Law v.

State Law
- a branch of law governing the relationships of - concerned with - deals with outward
persons in respect of their personal and private inner motives and or overt acts
relationships intentions - omission or action is
- that part of private law governing human and - if there is no act, covered by the law
family relations, private property, ownership the law does not - enforced by the
and its incidents, contractual and non- apply physical force of the
obligations - enforced not by state
Law force but by public
- any rule of action promulgated by competent opinion and one
authority for the common good one’s own conscience
- system of uniformity
Derecho Physical Law v. State Law
- general or abstract science of law; it is given, - operates on all - directed only to
considered as an effect matter rational beings
- science of moral rules founded on the rational
nature of man HUMAN POSTIVE LAW
Ley
- specific or material concept ; law as a rule of Characteristics:
conduct 1. Rule of Conduct : what to do and what not
- understood in the specific, legal dual sense to do
- example: legislation
- “Ley gives body to derecho” 2. Obligatory : positive command to obey
- non-compliance results to consequences
CLASSIFICATION OF LAW
(Manner of Promulgation) 3. Promulgated by legitimate authority :
Legislature
Natural Law v. Positive Law
- no act by which - there must be 4. Of common observance and benefit
the law is set to a legitimate
be the law authority and an Necessity and Function:
- do not require act expressly - the necessity of studying law is for social order
expressed promulgated - importance: Article 3 of the Civil Code
promulgation
Sources of Law:
1. Constitution
Natural Moral Law Divine Positive Law 2. Legislation
- Ethics and - laws believed  Republic Acts
Metaphysics from higher being  Commonwealth Acts
- Example:  Executive Orders
Bible  Presidential Decrees
10 commandments 3. Administrative Rules and Regulation
4. Judicial decisions/Jurisprudence
Law of Nature/ Divine Human 5. International Law
Physical Law Positive Law  Incorporation: Direct
- Operation of nature - based on what  Transformation: needs an act first before it
and the universe the higher being becomes a law
wants with human Example: Sovereignty, Life, Liberty and Due
intervention Process
- example: 6. Other Sources
Precepts of the
Catholic Church

Human Positive Law

- legitimate authority
either 1 or group of
people

J.Quiaño Notes Page | 1

 BRANCHES OF STATE LAW CIVIL CODE OF THE PHILIPPINES
(Republic Act No. 386)
1. As to purpose
a. Substantive Law History:
- create, define and regulate rights  Civil Code of 1889 (Spanish Civil Code)
 July 4, 1946: Manuel Roxas ordered to amend it
b. Adjective/ Remedial / Procedural for the Filipinos
Law  Executive Order No. 48: Code Commision
- prescribes the manner to enforce a right  Sources:
and to obtain redress  Civil Code of 1889
 Jurisprudence
2. As to nature/scope/content  Codes, Laws, Works of Jurists
a. Public or General Law  Filipino Customs
- between the state and the people  Philippine Statutes
- examples:  Code Commission itself
Criminal Law - However, it was simply translated from
Constitutional Law Spanish to English
Administrative Law - Still in the context of the Spanish Laws

b. Private or Individual Law Physical and Mechanical Composition:

- between and among the people 2,270 articles divided into 4 books:
- examples: 1. Persons and Family Relations
Civil Law 2. Property
Merchantile Law 3. Acquisition of Ownership
4. Obligations and Contracts
3. As to force/effect
a. Mandatory/Absolute/ Imperative Law Civil Code took effect:
- laws that tell you what to do “one year after its publication”
 Signed: June 1949
b. Prohibitive Law
 Date of Effectivity: August 30, 1950
- laws that tell you what not to do
- example: Secrecy of Bank Deposits
Effect and Application of Laws
c. Permissive Law ARTICLE 2 as amended by E.O 200
- there is an option to deviate from it or to
follow it
Publication: such clause should be given ordinary
- choice of the people
meaning, that is, “to make it known to the people in
- example: Sharing of the Hidden Treasure
general”

Purposes:
1. to satisfy due process
2. without it, there is no basis for the
application of the maxim:
“Ignorantia legis non excusat”

- publication is a necessary component of

procedural due process
- imperative for it will be the height of injustice
to punish people of something that they have
no means of knowing

Effect of Non-publication:
Laws shall have no effect
 Null and Void
 Cannot be enforced; people cannot be held
liable

J.Quiaño Notes Page | 2

To be published:
All laws, generally, although such do not affect 3. Published: August 5, 2017
all people but affects all people in general Effective: August 21, 2017 (HOLIDAY)
- still to take effect even if the day is a Saturday,
 Administrative Rules and Regulations Sunday or a Holiday
1. Publication
2. Filing of copies before the UP Law Center 4. “published for two consecutive weeks”
**both should be complied with** Published: July 10 and July 15, 2017
Effective: July 31, 2017
 Exceptions: (not to be published)
1. Interpretative Regulations --------- “unless otherwise provided” ---------
2. Administrative Guidelines 5. “take effect immediately after/upon its
3. Letters of Instruction by Administrative promulgation”
Superiors Promulgation: January 25, 2017
Published: May 9, 2017
What should be published: Effective: May 9, 2017
Publication must be done in full or it is no
publication at all since its purpose is to inform the public 6. “take effect on August 1, 2017”
of the content of laws Published: July 25, 2017
Effective: August 1, 2017
Where to publish:
1. Official Gazette Computation of:
- Official journal and main publication of the 1. Month
Republic of the Philippines - 30 days unless called by name
- Example:
2. Newspaper of General Circulation Published: August 20, 2017
- Requisites: Effective: September 19, 2017
a. circulated to disseminate local news and
general information 2. Year
b. has a bonafide subscription list of paying (CIR v. Primetown, G.R No. 162155, 2007)
subscribers - E.O 292: Administrative Code: a year is
c. published at a regular interval counted as “12 Calendar Months”
d. not devoted to the interests or published
for the entertainment of a particular  Calendar Month
class, profession, trade, calling, race or - A month designated in the calendar
religious denomination without regard to the number of days it may
(Basa v. Mercado, G.R. No. L-42226, 1935) contain. It is a period of time running from
the beginning of a certain numbered day,
When do laws become effective: but not including the corresponding
General Rule: numbered day of the next month.
If no date is specified: the law will be effective - If there is no sufficient number of days in
after 15 days following the completion of the publication the next month then up to and including the
either in the Official Gazette or in a newspaper of general last day of that month
circulation in the Philippines - Example:
August 16-September 15
Exception: September 16-October 15
“unless otherwise provided” October 16-November 15
- laws provide for its own date of effectivity
Orders from the Court:
Examples: “one month to file from today”
RA 8353 Received: July 19
1. “act shall take effect 15 days” Order: July 17
Published: October 7, 1997 To file: until August 16
Effective: October 22, 1997
“from receipt of notice”
2. “After 15 days” To fie: until August 18
Published: April 7, 2004
Effective: April 23, 2004
J.Quiaño Notes Page | 3
Note: When periods in the Rules of Court, Orders of the  Impairs vested right
Court or certain laws, periods on contracts, filing of cases Example:
within prescriptive period fall under Saturday, Sunday, Civil Code Family Code
or Holiday, do it on the next working day; but not on Art. 285: file the action Art. 175 (172 & 173)

August 31, 1997

effectivity of laws. during the lifetime of File the action during
the parent: the lifetime
ARTICLE 3 except:
a. When the parent
 There is a conclusive presumption of knowledge died during the
of law age of minority
 Ignorantia legis not excusat b. Discovered
 Ignorantia juris neminem excusat Acknowledgement
 If after publication, there is no presumption, it is *4 years upon
easy to evade the law reaching the
 Whether in good faith or bad faith lack of age of majority
knowledge of the law, still not excused to file action

Ignorance or Mistake of Fact
- Wrong presumption that something exists while
in fact is not or something does not exist while
it does
- Can be used to be freed from liability
(Cases of: Aruego Jr. v. CA, G.R No. 112193, 1996 and
Bernabe v. Alejo, G.R No. 140500, 2002)
 Impairs Obligations and Contracts
Exception: exercise of police power

Foreign Laws 2. Penal Statutes (Art. 22, RPC)

- No conclusive presumption of knowledge of
foreign law
- To prove its existence, the following must be
provided:
o Official Publication
o Copy
a. Attestation
b. Certification
 Sec. 24, Rule 132 of the Rules of
Court (Proof of Original Record)
- Purpose: to ensure the genuineness of those
documents
- Failure to prove or present proper evidence:
PROCESSUAL PRESUMPTION
- Presumption of Identity/Similarity
- It is presumed that the laws of the foreign
country is the same as our law
- Presumed-identity approach
ARTICLE 4
 Favorable to the accused
 Accused is not a habitual criminal or delinquent
 Article 62, paragraph 5 of the RPC
 Not committed 3 times and oftener by final
judgment for the crime of:
a. Theft
b. Robbery
c. Serious Physical Injuries
d. Less Serious Physical Injuries
e. Falsification
f. Estafa
3. Procedural or Remedial Law
- No vested rights can be attached to or from
procedural laws
- Extent of Application: construed as applicable
actions pending and undetermined at the
time of its passage
Civil Code Family Code
- Prior declaration of nullity
August 31, 1997

of marriage is required to
Retroactive Effect of Laws remarry
- one that affects previous acts, rights, and
transactions
- considered unfair, unjust and oppressive

Exceptions: (laws can be applied retroactively)

1. The law expressly provides its retroactivity
Exceptions:
 Ex post Facto laws: making a
previously committed act punishable
- Prejudicial to the accused
4. Curative Laws
- Retroactively cure the laws that had been enacted
of typographical errors, irregularities and
corrections

J.Quiaño Notes Page | 4

5. Laws creating new rights
- BUT should not impair vested rights
- Example: Legitime
6. Laws which are of emergency nature
- Authorized by police power
- To answer for exigencies
ARTICLE 5
Mandatory and Prohibitory Laws
Mandatory Laws: requires to do something
Example: payment of taxes
Prohibitory Laws: prevents from doing something
Example: no smoking policy
Permissive Laws: with a choice to do or no to do
without legal consequences
Effect of Violation (Art. 5, Civil Code)
- Act shall be void
- No legal effect as if no act was done
Exceptions:
1. The law itself authorizes the validity of the act;
2. Law makes the act merely voidable and not
void at the instance of the victim;
3. Law authorizes its validity but punishes the
violator; and
4. Law declares the act as void but recognizes
legal effects arising therefrom.
ARTICLE 6
Waiver of Rights
General Rule: Rights can be waived
Right (Jus)
- the power or privilege given to one person and as
a rule demandable to another
- legally enforceable claim of one person against
another that the other shall do a given act or
shall not do a given act
KINDS:
1. Political: participation/establishment of
government
- cannot be transferred
- includes civil and all other rights
- example: right to citizenship, to vote, to
hold public office
2. Real: (jus in re/jus in rem)
 interest in a specific thing enforceable
against the whole world
 example: possession of land; unlawful
detainer
J.Quiaño Notes
3. Personal: (jus in personam/jus ad rem)
 enforceable only to specific persons
 example: indebtedness
Waiver
 voluntary relinquishment of a known right with
both knowledge of its exercise and an intention to
relinquish
Kinds of rights to waive:
 any matter which affects his property and any
alienable right or privilege
Requisites of a valid waiver:
a. You must gave that right you are waiving;
b. Must gave the capacity to make the waiver
 Aware of Waiver
 Know the consequences
 Voluntary
c. Waiver must be made in a clear and
unequivocal manner
 Express: in writing/verbally
 Implied: can be deduced from actions
d. Waiver must not be contrary to law, public
order, public policy, morals or good customs or
not prejudicial to third person with a right
recognized by law
e. If required, formalities must be complied with
ARTICLE 7
The law remains to be a law even if people do not
follow it
Laws seize to be effective/exist:
I. Lapse of Law/Self-lapsing law
- Period specifies the effectivity
- Expiration of the period which provide for
their limited applications
- Example:
GAA: valid only for one year; can be
extended. If failed to be extended: hold
over
II. Declaration of Unconstitutionality
Article VIII, Section 4(2) of the
Constitution
- If the law does not conform with the
Constitution, it will be voted upon. It needs
majority vote of those who actually deliberated
and voted
Hierarchy of Laws:
Constitution
|
Laws
|
Administrative Orders, Executive Orders, Acts
Page | 5
 | Effect of Repealing of a repealing law on law first
Orders and Regulations in accordance with laws repealed:
and legislations
RA1 RA2 RA3
Courts to declare a law unconstitutional: - Expressly Repealed:
Effect: (Art. 4, Sec. 8(4)) Repealed a. Not Revived
General Rule: Null and Void b. Revived (RA1
Exceptions: expressly provided)
From the time prior to declaration of
unconstitutionality, - Impliedly Repealed:
OPERATIVE FACT DOCTRINE Repealed a. Revived
- effects of unconstitutional law, prior to b. Not Revived (RA1
declaration, should be left undisturbed. expressly provide)

Repeal ARTICLE 8
- laws are rescinded, annulled, revoked, or abrogated
by the subsequent law Judicial application of laws
- Leges posteriors priores contrarias  Courts do not create laws; they only
abrogant interpret, apply and explain.
“Later laws abrogate prior contrary laws”
Court System:
KINDS:
a. Express Repeal Supreme Court
- repealing clause to specify the parts or
COMELEC
portions to repeal Court of Appeals
COA
- example: Article 254 of the Family Code
RTC
Sandiganbayan
b. Implied Repeal
- not in accordance to the present law =
repealed Quasi- Metropolitan
- Both laws cover the same subject matter judicial Trial Courts
and cannot exist simultaneously agencies (MeTC)
- Later law is the latest intention of the Municipal
NLRC Trial Courts
Congress
- General Rule: later law shall prevail over ERC (MTC)
the old law Municipal
SSC Trial Court in
General Law v. Special Law Cities (MTCC)
NEA Municipal
- not favored - exception to General
- Congress knows Law Circuit Trial
all laws past enacted - continues to subsist Courts
(MCTC)
*clustered*
Interpretare et concordare legibus est
optimus interpretendi
- Harmonize the laws to co-exist and not to repeal
them immediately Court of Appeals: judicial guides for Roman Courts
- persuasive in nature

Stare Decisis
- process of adherence to precedents
- non quieta movere
- when a case is decided, the case is closed and
terminated

J.Quiaño Notes Page | 6

Illustration: If there is no law covering the situation, silence,
obscurity, or insufficiency in the law, use
Judicial Aids:
Principle/
1. Customs not contrary to law, public order, public
Doctrine Subsequent cases be policy
decided the same  Must be proven as a fact
Factual reliefs a. Custom Propter Legem: in accordance with
(same) the law
b. Custom Contra Legem: contrary
 Plurality of acts
Not perpetual, SC can
 Uniformity
overrule its previous
doctrines  Intention
 Continued living of time
Majority (En Banc) - Courts may opt not to apply
Overrule:
 Legislative 2. Decisions of foreign tribunals and local courts on
enactments similar cases
 SC decisions
3. Opinion of Highly qualified writers and
itself
professors
 Rulings of the
trial court
4. Rules of Statutory Construction
5. Principles laid down in analogous instances
6. General Principles of the natural moral law,
Law of the Case human law, and equity
- Issue which were not raised in the appeal shall 7. Respect fpr human dignity and personality
become the law of the case
- Applies only to a particular case as compared  Note: This is not applicable to criminal cases.
to Stare Decisis which may be applied to all  If there is no law punishing it as a crime,
similar cases there is no crime and therefore, you have
- Example: to dismiss the case (Article 3 of the RPC)
(Fulgencio v. NLRC, G.R No. 141600, 2003)
SC : remanded to lower courts for ARTICLE 10
| execution
NLRC Equity in the application of law
|
Labor Arbiter Ambiguity
- rules again on backwages  Legislative intent v. words used
 Congress sought to achieve and evil it sought to
Ratio Decidendi prevent
- reasoning/rationale used by the Supreme
Court to resolve or decide the case ARTICLE 14
- principle or doctrine
- used to subsequent cases A. Generality
- Applicable to all persons who live and sojourn in
Obiter Dictum the Philippines
- opinion expressed by the court not necessary - Exception:
in resolving the case Extra-territoriality
- not used in resolving the issue  Public International Law
- not binding; not used in subsequent cases  Treaty

ARTICLE 9 B. Territoriality
 Applicable within the territory of the Philippines
Duty of the courts to render judgment (take note of the extent of Philippine Territory)
 Courts can never refuse to make  Exception:
judgment Article 2 of the RPC
 If the law is clear, apply the law
 Dura Lex Sed Lex

J.Quiaño Notes Page | 7

 ARTICLE 15 ARTICLE 17

A. Citizenship/Nationality Principle Formalities and Solemnities

 Filipino: Philippine Laws  Lex Loci Celebrationis
 Foreigner: National Laws  determined by the law of the place where
includes: contract is executed
a. Validity of Marriage  Guidelines on Marriage Formalities: Art. 26
b. Property Relation Exceptions:
c. Support and Filiations (for acts executed abroad)
d. Legal Capacity 1. Exterritoriality
*with Article 17, paragraph 2  Diplomatic Officials and Philippine
Consular Offices: apply Philippine laws
B. Domicilliary/Territoriality Principle
 Permanent Residence 2. Extrinsic Validity
 Lex Contractus: where the contract
ARTICLE 16 was made (with agreement)
 Lex Loci Voluntatis: governed by
Property the law of the place voluntarily
Real Property v. Personal Property selected (without agreement)
 Article 415 - Article 416, 417  Lex Loci Intentionis: governed by
 Immovables - Movables the law of the place intended by the
 Tangible - Intangible parties
 Lex Loci Solustionis: law of the
 Lex Rei Sitae / Lex Situs place of performance; intention
 law of the place where the property is situated  Law of the state that has “the
 prevails most significant relationship to
the transaction and the parties”
 Mobilia sequintor personam immobilia
situa (abandoned) Overseas Employment Contract
General Rule: Philippine laws apply even to overseas
 Movable things follow the person; immovables
employment contracts (Sec. 3, Article XIII)
follow their locality
Exceptions: (parties may agree that foreign law would
Exceptions:
govern)
1. Order of Succession
1. That it is expressly stated in the overseas
2. Amount of successional rights
employment contract that a specific foreign
3. Intrinsic validity of the provisions of the
law shall govern;
will
2. That the foreign law invoked must be proven
4. Capacity to succeed
before the courts pursuant to the Philippine
(Subject to the Nationality Principle: the
rules on evidence;
National law of the decedent)
3. The foreign laws stipulated on the contract
must not be contrary to law, good morals,
Renvoi Doctrine
public order, public policy of the Philippines
 refers a case to another country for solution, but
4. The overseas employment contract must be
the law of that country refers it back to our
processed through the POEA
country for determination
 Philippine laws will be used to resolve the conflict

KINDS: ARTICLE 18
1. Single Renvoi/Theory of Acceptance
Suppletory application of the Civil Code
of Renvoi/Remission
 refers back to the laws of the forum\
 example:
PH ---- US ---- back to PH
2. Transmission
 reference made to a third state
 example:
PH ---- US ----- CHINA
J.Quiaño Notes Page | 8
 Human Relations Theory of Abuse of Rights
 Code Commission of 1940s saw the need  Rights must never be abused; the moment they
that individuals who are part of society are abused, they cease to be rights
should have freedoms and rights; when  Violations of the norms in Article 19
there are conflicting interests, regulate  Reason for collaboration of Article 19 with Article
for social order. 20 or 21
 Covers the interrelationships of people
Acts Contra Bonos Mores
ARTICLE 19 Elements:
1. There is a legal right or duty;
Standards of norms or human conduct: 2. Exercised in bad faith; and
1. Act with justice or fairness; 3. For the sole intent of prejudicing or injuring
2. Give everyone his due; and another or ill will.
3. Observe honesty and good faith without
any intention to prejudice. Volenti non fit Injuria
(Hotel Nikko v. Reyes, G.R No. 154259, 2005)
Damnum Absque Injuria  “to which a person assents is esteemed in the
 “Damage without injury” law as injury”
 If there has been damage which resulted from  There is no injury to one who consents; a
the exercise of legal rights person who knowingly and voluntarily risks
 The legitimate exercise of a person’s right, danger cannot recover for any resulting injury
even if it causes loss to another, does not  Self-inflicted injury; opened himself to risk
automatically result in an actionable wrong
 The act done must not only be hurtful but also ARTICLES 20 and 21
wrongful
 provides for sanctions and remedies of Article 19
Injury v. Damage
 Violation of a - compensation or Article 20 Article 21
right monetary award Contrary to law Contrary to morals, good
 Illegal invasion - loss, hurt, or harm  since not all laws customs, and public
of a legal right which results from the provide for policy
injury remedies in case of
violation
Kinds of Damages: Willful or negligent: Only those acts done
1. Moral Damages punishable willfully are punishable
 Sleepless nights; besmirched reputation, etc.
Purpose of inclusion of Article 21: legislations
2. Exemplary Damages cannot cover all acts that individuals could commit.
 To set an example to the public
 Cannot exist alone; always accompanied by Breach of promise to marry
Moral damages  removed because people abuse it and take
advantage of it
3. Nominal Damages  General Rule: Mere promise to marry is not an
 Damage of last resort actionable wrong; does not entitle one to collect
 Awarded if there has been a violation of a damages
right; right shall be proven  Exceptions:
1. Incurred expenses for the preparation of
4. Temperate Damages the wedding
 To prove that there was damage (Wassmer v. Velez, G.R No. L-20089, 1964)

2. Criminal Seduction (RPC)

5. Actual Damages
(Hermosisima v. CA, G.R No. L-17248, 1962)
 Exact amount of loss
 Victim must be between 12-18 years old
 Proved by receipts
 Quantifiable
3. Moral Seduction
(Gashem Shookat Baksh v. CA, G.R No. 97336, 1993)
6. Liquidated Damages
- Not a mere promise but with fraud/deceit
 Damages agreed upon by the parties
J.Quiaño Notes Page | 9
 4. Act is contrary to morals, good customs, public
ARTICLE 25
policy
(Wassmer v. Velez, G.R No. L-20089, 1964) Thoughtless Extravagance
(Gashem Shookat Baksh v. CA, G.R No. 97336, 1993) Requisites:
1. There is thoughtless extravagance in
ARTICLE 22 expenses
2. Extravagance is for pleasure or display
Unjust Enrichment 3. There is a period of acute public want or
 If a person acquires or comes into possession of emergency
something at the expense of another without 4. A case is filed in court by a governmental
just or legal ground or charitable institution
 When a person unjustly retains a benefit to the
loss of another, or where a person retains Remedy: Injunction
money or property of another against the
fundamental principles of justice, equity and ARTICLE 26
good conscience
 If there was a law violated, you cannot invoke Duty to respect the dignity, personality, privacy
unjust enrichment and peace of mind or another
 Remedy of last resort  in relation to Article III, Sec. 3 of the
Constitution
ARTICLE 23
Remedies:
Accion in rem verso 1. Prosecute as a criminal offense
 Action to recover a thing or what has been paid 2. Damages
without just cause 3. Prevention
 Merely an auxiliary action; available only when 4. Other reliefs
there is no other remedy on contract, quasi-
contract, crime/delict, and quasi-delict ARTICLE 27
Requisites:
1. The defendant has been enriched Refusal or neglect of public servant to perform
2. Plaintiff suffered loss his duties
3. Enrichment is without just or legal
ground  Non-feasance (Article 27)
4. Plaintiff has no other action based on  Refusal or neglect without just cause
contract, quasi-contract, crime/delict,  Misfeasance
and quasi-delict  Improper doing of an act which a person
might do lawfully
Accion in Rem v. Solution Indebiti  Malfeasance
 Knowingly/ - by mistake  Doing of an act which a person ought not to
Voluntarily do at all

Solutio Indebiti Requisites:

 the juridical relation which arises whenever a 1. Public servant or employee refuses or
person unduly delivers a thing through
neglects to perform
mistake to another who has no right to
2. No valid reason for the refusal or neglect to
demand it (Art. 2154, Civil Code)
perform official duty
3. Injury or damage is suffered
ARTICLE 24

Parens Patriae Doctrine Remedy: file an action for damages or other relief
 “Father of the Family”
Note: this only cover Ministerial duties
 Refers to the sovereign power of the State to
safeguard the rights of persons under
disability such as insane and the incompetent
 Protection of the underdog
 Social Justice

J.Quiaño Notes Page | 10

 ARTICLE 28 2. Accused is not the author of the
crime
Unfair Competition - no civil liability
“Unfair” - acquittal is based on pure innocence
 There is injury suffered to a competitor or - crime complained of does not exist
trade rival
 Because the acts of the person are Effect of acquittal
characterized as “contrary to good conscience When the accused DIES:
or shading to judicial sensibilities 1. before the case is filed: Criminal and
Civil liability is extinguished
ARTICLE 29 2. with final judgment: Civil liability is not
extinguished
Action for Damages 3. pendency of the case: Judgment to
 Obligations (Article 1156) finality (within 15 days) : extinguished
o Sources or arises from:  Article 89, RPC: Criminal and Civil
 Law liability arising from the crime is
 Contracts extinguished.
 Quasi-contracts
 Delict Liability is only criminal, not civil
 Quasi-delict  No private offended party
 Even if there is a private offended party:
o A single act or event can give rise to one, 1. Waiver: right to collect damages
two, or several sources of 2. Separated:
obligation as a basis a. Filed prior to the criminal action
example: (Art. 104, RPC)
1. Crime/Delict: person responsible  CRIMINAL – CIVIL
2. Quasi-delict: employer o Suspended until final
3. Contract (Contract of Carriage): owner judgment of the criminal
 As many as he wants: action
o Several basis  CIVIL – CRIMINAL
o Several causes of action o Merged and consolidated
LIMITATION: Articke 2177: a person is
entitled to collect only once b. Reservation of the right to file
 When to file: before the
Civil Action based on Delict prosecution presents evidence
 Delict or Crime can give rise to:
a. Criminal ARTICLE 30 and 35
- Violation of a law
- Right of the State to punish Independent Civil Action
- Quantum of evidence: Proof beyond - Can be brought distinctly and separately from
reasonable doubt criminal action
- Moral certainty - Based on other sources of obligation:
b. Civil o Law
- Implied to be instituted o Contract
- Right that was violated to a third party o Quasi-contract
- Quantum of evidence: Preponderance o Quasi-delict
of evidence - General Rules:
Acquittal 1. Criminal Case
KINDS:  No need for reservation
1. Guilt of the accused is not proven  Independent Civil Action
beyond reasonable doubt 2. Acquittal
- with civil liability  Independent Civil Action
- Liability of the accused is not criminal 3. Dies
but only civil  Independent Civil Action
- Civil liability does not base or arise
upon the crime Allowed when:

J.Quiaño Notes Page | 11

 ARTICLE 32 Prejudicial Question
- that which arises in a case, the resolution of
Action for violation of constitutional rights and which is a logical antecedent of the issue
liberties involved in the said case
- Directly or indirectly defeat, obstruct, violate or in
any manner which impeded or impairs rights and
Civil Case Issue Criminal Case
liberties
- Bad faith or intent is not required
- Damages: Nominal Damages Elements:
- Liable: Public Officer or Employee a. the previously instituted civil action
(except judges) involves an issue similar or intimately
Private Individuals related to the issue raised in the
subsequent criminal action
ARTICLE 33 b. the resolution of which issue determines
whether or not the criminal action may
Action for fraud, defamation, physical injuries proceed

ARTICLE 34 Who can invoke: only the accused

Action against city or municipality police who Purposes:

refuses or fails to render aid/protection a. for orderly administration of justice
- Principal liability b. to avoid conflicting decisions
- If insolvent: city or municipality (subsidiary
liability) Remedies:
a. File a petition for suspension to the
Dependent or Separate v. Independent Office of the Prosecutor conducting the
Civil Action Civil Action preliminary investigation
- Needs reservation - No need for b. File a petition for suspension to the
- Effect of Acquittal reservation court at any time before the prosecution
depends on the - No matter if rests
kind of acquittal there was
acquittal Revised Guidelines for continuous trial of
- Death extinguishes -still proceed Criminal Cases
despite death
Reimbursements:  Prohibited Motion: civil case filed first
 Quasi-delict: primary liability  Meritorious Motion: civil case filed first
x reimbursements  Archiving Motion: suspension for an indefinite
period
 Contract: primary liability Example:
x reimbursements

 Crime: subsidiary liability Sale

Buyer 1
 reimbursements FORGED
Property
if employee is insolvent
Sale
Buyer 2
Owner

1. Owner files a civil case on the first sale for declaration

of nullity of sale against Buyer 1

2. Buyer 2 files a criminal case for estafa against the

owner
 Prejudicial Question

J.Quiaño Notes Page | 12

Persons If death was proven: civil indemnity and moral
- Any being natural or artificial, capable of
possessing legal rights or obligations, or being the
subject to legal relations and capacity to enter to Presumption of Civil Personality
legal relations
Classes:
Natural/Physical v. Juridical/Artificial
- Human beings - No physical presence
- Physical Person or entity
- Tangible - Creation of Law
- Artificial beings to
which the law grants a
personality separate Capacity to act (18 years old and above)
and distinct from each
individual member
composing it and
susceptible rights and
obligations or being
subject to legal
relations
Civil Personality
- the quality of being a person; the aptitude of that
becoming the subject, active or passive, of
juridical relations
Capacity
Juridical Capacity v. Capacity to Act
- Capacidad Judicial - Capacidad de obrar
- Subject, recipient - to perform an act with
legal effect
- Passive - Active
- Lost only through death - Lost through death
- May be modified
through lifetime
Juridical Capacity + Capacity to act = FULL
CIVIL
CAPACITY
damages at times for pre moral suffering
- A conceived child, although bas yet unborn, shall
be considered born for all purposes that are
favorable to it
- It is essential that the child be subsequently born
- Not born: considered never having legal
personality
- Can have favorable donation even during stage of
pregnancy
- Subject to cessation, modification and ratification
(Articles 38 and 39)
Means of restriction:
 Age (Minority)
- Minors cannot enter into contracts
- Exceptions:
Contract of Necessities
Civil Liability
- Article 14, Family Code
- Article 797, Civil Code
- Article 1327 (1), Civil Code
 Advanced Agency: not limited; nut only
limit if it will impair mental faculties
 Capacity is always presumed
 Insanity
- Civilly liable (use your properties)
- Article 789 and 1327, Civil Code
- Sane: proof of Lucid Interval
 Imbecility
- Adult physically but child in the mind
- No Lucid Intervals
 Deaf-mute
- Inability read or write

Civil Personality  Physical Incapacity

Starts (Art. 40) Ends (Art. 42) - Article 820, Civil Code
Birth (Art. 41) Death
Civil Indemnity: for rights violated  Penalty
 Transferred to heirs upon death - Disqualification from public office or
 To claim: person whose right was appointed
violated
Born:  Civil Interdiction
Intra-uterine life at least 7 months/above - Accessory penalty
 Completely delivered from the mother’s - example:
womb Deprivation of Parental Authority
 Removal of the umbilical cord (crying)  Marital Authority
 Be the guardian
Intra-uterine life of less than 7 months
 Live for at least 24 hours after complete  Prodigality
delivery - Under guardianship only
 Respiration: alive, considered born
J.Quiaño Notes Page | 13
  Family relations
4.
 Alienage/Nationality

 Insolvency

 Trusteeship
- Hold property on behalf of a person

ARTICLE 42

Physical Personality is not equal to death of civil

personality
 Civil Personality is extinguished by death
 The effect of death upon the rights and obligation
of the deceased is determined by law, contract
and by will
5.
ARTICLE 43

Succession (Rule 131, Sec. 3 (kk)) F

Survivorship
- Doubt as to who died first. Whoever alleges the
death of one prior to the other shall have to prove
the same S
- Disappearance becomes relevant if they left S
properties

1.

F GS

Rule 131, Section 3 (jj)

S Succession: Article 143
 Presumptions except for purposes of
succession:
2. 1. Age
2. Gender

F Under 15 Under 15 Older

Above 60 Above 60 Younger
Under 15 Above 60 Under 15
Over 15 but
Over 15 but
under 60 MALE
S under 60 (male)
(female)
Over 15 but Over 15 but
Under 15
3. under 60 under 60
Over 15 but Over 15 but
Over 60
under 60 under 60

S S

J.Quiaño Notes Page | 14

Juridical Person (Article 44)
1. If a state is born, an element of its personality is
taken away, it will seize to exist
2. Corporations: dependent with the law that creates
it
 Private Corporation: Corporation Code
- Articles of Incorporation
- Limited: Registration with the SEC
- Examples: SSS, GSIS, PhilHealth
 Public Corporation: City, Municipality and
Province
Changing Domicile
- Voluntary, deliberate, intentional unless he wants
to consider it as residence
- Intention to remain in the new one
RULES:
1. A man must have a domicile somewhere
2. A domicile once established remains until a
new one is acquired
3. 1 domicile at a time
4. Residence
5. No length of residence without intention of
remaining will constitute domicile

Theory of Special Capacities

- Exercise powers that is expressly given to them
including incidental powers FAMILY CODE OF THE PHLIPPINES
- Powers not given cannot be done validly (Executive Order No. 209)
- Examples:
o Acquire or possess property of all kinds  to address the insufficiencies and lapses of
o Incur obligations the Civil Code
o Bring civil or criminal actions  to adapt with the changing times
 to be inclined with Filipino culture and
Theory of General Capacities customs
- Capacity to act and can do anything they like that
results to any legal effect except when there us Executive Order No. 209
modification or restriction Effectivity: August 3, 1988
(Memorandum Circular No. 85)
Domicile Published: August 4, 1987
- Place of habitual residence
- Place where a person has certain settled and fixed Article 256: retroactive application
legal relations
- Permanent home Marriage
- Animus revertendi - Section 1, Family Code (Memorize)
- Contract: agreement of 2 parties (but not a mere
Residence contract)
- Current or physical presence Special Contract
- Used to indicate a place of abode  A contract between a man and a woman and
- A natural fact, referring to the physical presence the state
of a person in a place  A social institution
 If broken: weaken the social institution
Kinds of Domicile:  Union is permanent
1. Domicile of Origin (Domicilium Originis) - Terminated by:
- Domicile of parents at the time the child 1. Death
was born 2. Declaration of Nullity
3. Divorce obtained by a
2. Constructive Domicile foreigner spouse
- Domicile given to the child after birth by  In accordance with the law
operation of law on account of legal  Nature, consequences and incidents are
disability governed by law
o Can agree with property relations
3. Domicile of Choice o Marriage settlement: before marriage
- The place freely chosen by a person sui o Judicial Separation of property: after
juris marriage
Proof: Marriage Certificate
Migration - Best proof
- Permanent home - Without this, it doesn’t mean that no
- Changing domicile marriage took place
J.Quiaño Notes Page | 15
 Others: II. Formal Requisites
(Dela Rosa v. Heirs of Rustia, G.R No. 155733, 2006) 1. Authority of the Solemnizing Officer
 Certificate of Identity - Requires:
 Passport a. Presence
 Veterans Application for b. Authority
pension/Compensation for disability to:
 Titles to properties EXCLUSIVE solemnizing officers
 Testimony  Mayors are not included
o given authority by the Local
(Calimag v. Heirs of Macapaz, G.R. No. 191936, 2016) Government Code
 Marriage Certificate: Original Copy – Certified o January 1, 1992
Copy o in the interim: NO
 Public Documents: AUTHORITY
 No need for someone to testify o No limitation imposed
 Prima Facie Evidence: Regular, Good,
Sufficient Evidence  No authority: Void Ab Initio
 Private Documents:  Exception: when one or both
 Needs someone to testify: identify and parties believed in good faith that he
authenticate had authority to solemnize the
marriage
Requisites:
I. Essential Requisites Solemnizing Officers authorized by the Civil
1. Legal Capacity Code (Article 7):
- in accordance with Article 15 1. Incumbent member of the Judiciary
(National Law)  Supreme Court
A. Age  Court of Appeals
B. Sex/Gender  Sandiganbayan National
 Determined:  Court of Tax Appeals
1. At Birth (Physical Exam)  within the chambers or open court
 Immutable
 Cannot be changed  Regional Trial Courts
 No law allowing  MTC, MeTC, MCTC Territorial
change in an entry to  within the chambers or in an open
the birth certificate court within their territorial
jurisdiction
2. Reaches the age of majority  considered as a defect in the
 Based on what the marriage if violated
person thinks  Irregularity: no case tackling
directly if the marriage is valid
2. Consent (obiter dictum)
- Mutual, freely, voluntarily,
intelligently given 2. Religious Ministers
- Signify your intention  Venue: Church, Chapel or Temple
 It is required that one or both of the parties
 18-21 years old: needs Parental Consent is a member of that religious denomination.
before contracting marriage
 21-25 years old: needs Parental Advice 3. Ship Captain or Airplane Chief
before contracting marriage  Assistant Pilot: no law authorizing
 EXCEPT for cases of illegitimate  Only authorized to solemnize in marriages
children where it requires Father, in Articulo Mortis between passengers or
Mother and person having legal charge crew while the ship is at sea or the plane is
of the child in flight or during stopovers at ports of call

4. Military Commander
 Military Commander of a Unit (Leader of a
battalion of at least 300 soldiers up to 2nd
Lieutenant)

J.Quiaño Notes Page | 16

  A chaplain must be assigned to a unit and  Parental Advice
said chaplain is absent to the unit of the  When one or both of the parties are
marriage between 21 and below 25 years old
 Only authorized to solemnize marriages in  Form:
Articulo Mortis  Handwritten
 Contracting parties must be within the zone  Form
of military operation  Unfavorable: suspended until after 3
months
5. Consul-general, Consul, or Vice Consul
 Marriages solemnized abroad  Marriage Counselling
 Only between Filipinos abroad who need  When either one or both parties are
not be permanent residents therein between 18 to below 25 years old
 Failure: suspended for 3 months
Marriage License
- A written permission issued by the Civil Registrar  Citizen of a Foreign Country:
to the Contracting parties authorizing their  Certificate of Legal Capacity
marriage before any solemnizing officer o Governed by the National Law
- Period of its validity cannot be extended; o Issued by the Embassy
automatically expires and needs to apply again
Process:
Where to Apply:
- Local Civil Registrar of the city or municipality File an application with
where either of the contracting parties pertinent documents
habitually resides
*considered an Irregularity if not complied with
Marriage
Requirements: Counselling
 Application: Sworn (Article 16)
 If containing false entries: Irregularity

 Birth Certificate Posting for 10 consecutive

 Baptismal Certificate days (Article 17)
 Copies duly attested by the persons
having custody
 Current Residence Certificate
 Affidavit of two disinterested persons
Impediment: Note down
 Family Planning Seminar Certificate No Impediment
in the application (Art. 16)
(P.D 965, R.A 10354)

 Certificate of No Marriage (CeNoMar)

 Issued by PSA
 To know if one is previously married
Issuance of the Marriage Court order not
License to issue
 Parental Consent
 When one or both of the parties are
between 18 and below 21 years old in the
following order: Valid for: 120 days from
 Father the date of issuance;
 Mother anywhere in the
 Surviving parent/guardian Philippines
 Persons in charge
 Form:
 Handwritten
 Affidavit
 Form
 Effect of Absence: Marriage is voidable
(Article 45,Family Code)
J.Quiaño Notes Page | 17
 ARTICLE 25
Duty of the Local Civil Registrar
 Registry Book
 All applications for marriage
 Names of Applicants
 Date of issuance of the marriage license
 No Marriage License: marriage is void
 Proof of Absence of Marriage License:
1. Marriage License is not provided in the
Marriage Contract;
2. Marriage License was issued after the
ceremony took place;
3. Certification of the Civil Registrar: after
diligent search, no record or entry is
found to exist in the records of his office.
 Must categorically state that the
document does not exist in his
office or the particular entry could
not be found in the register despite
diligent search
Marriages Exempt from License:
ARTICLE 27
Articulo Mortis
 One or both party is at the point of death
 It is needed that one or both party can still
validly give his consent
 Needs an affidavit by the solemnizing officer
that he ascertained the requirements
 Effect of Surviving: still valid
o Solemnizing Officer to the LCR within 30
days after the marriage
ARTICLE 28
Remote Place
 No means of transportation to the Local Civil
Registry
ARTICLE 33
Marriages among Muslims/Indigenous Cultural
Communities
 Solemnized in accordance to customs, rites,
and practices
ARTICLE 34
Convalidation of Cohabitation
 for at least 5 years
 Requisites:
1. Cohabitation for at least 5 years before
the marriage
J.Quiaño Notes
2. At the time of marriage, they have no
legal impediment
- Not on the entire cohabitation
3. Fact of absence of legal impediment
Marriage Ceremony
 Law: no prescribed form or religious rites
 Necessary: contracting parties to appear
personally before the solemnizing officer and
declare in the presence of not less than 2
witnesses of legal age that they take each other as
husband and wife
 Declaration: contained in the marriage;
certificate signed by the contracting parties and
witnesses attested by the solemnizing officer
 Marriage in Articulo Mortis
ARTICLE 26
Paragraph 1 (Principle of Comity)
 Valid there, valid here
 Not valid there, not valid here
 Legal Capacity: governed by Article 15 and
Article 17 (2)
 Foreign Marriages:
 Lex Loci Celebrationis
 Foreign Country
X Philippine Laws
- Article 17 (2) shall govern
 Foreign Law:
 Existence of pertinent provision of
foreign marriage law
 Celebration or performance of the
marriage in accordance with the
said law
 Solemnized: ceremonial marriage; no to
common law marriage
Paragraph 2
Kinds of Divorce:
1. Absolute Divorce/A vinculo Matrimonio
 Terminates the marriage
 Allowed to remarry
2. Relative Divorce/ A mensa et thoro
 Marriage is not terminated
 Separation of bed and board
 Still married – cannot remarry
 Legal Separation
Page | 18
Foreign Divorce
(Van Dorn v. Romillo, G.R No. L-68470, 1985)
 Absurd and unfair situation of the Filipino Spouse
 Executive Order No. 227: recognizes Foreign
Divorce
o Mode of termination of the marriage
o Ground only arises after the marriage
o Valid as void marriage
2. Marriage is obtained by the Foreigner
spouse capacitating him to remarry
 Consider: the citizenship at the time
the divorce was obtained
Who can file:
Alien Spouse or a Filipino naturalized in a
foreign country whose laws recognize absolute divorce

Declaration of Nullity Effects:

 Ground exists at the time the marriage was Marital bond is severed
celebrated Filipino spouse is capacitated to remarry
 As if there is no marriage
Conditions for recognition of foreign marriage:
Divorce in the Philippines 1. Foreign Divorce Decree
I. Spanish Period 2. Action for recognition of foreign
Las sietes partidas judgment
Relative Divorce  To prove authenticity and conformity
Grounds: with the foreign law
 Adultery  Issuance for the Judicial Recognition of
 Religious Order Divorce Decree
 Heretic
Judicial Recognition of a Divorce Decree
II. American Period  Proves the:
Act No. 2710 o Authenticity of the Divorce Decree
Absolute Divorce o Laws on which the divorce was obtained
Grounds:  Foreign Spouse: not required to file the judicial
 Adultery recognition
 Concubinage o Subject to his National Law
- with conviction o But can validly do

III. Japanese Period Void Marriages

Executive Order No. 141 (1943)  Declaration of Nullity
Absolute Divorce  Marriage is inexistent from the beginning
Grounds:  Can never be ratified
 Adultery  Can be attacked directly or collaterally
 Concubinage  Cause must exist before the celebration of the
 Attempt to Life marriage
 Incurable Insanity  Good faith will not validate it, exception: only in
 Afflicted with loathsome disease authority of Solemnizing Officer
 Physical Abuse
 Abandonment Voidable Marriages
Null: Act 2710  Annulment
 Marriage is valid until annulled
IV. Civil Code
 Can be ratified with or defect by cohabitation
Legal Separation
 Cause must exist at the time of the celebration of
the marriage (defect)
V. Family Code
Legal Separation (Article 55)  After: not considered
 No collateral attack allowed
Divorce in a foreign country is recognized in the
Philippines: in whatever country as long as the foreign Legal Separation
country allows it  Separation of the husband and wife from bed and
Twin Elements: board without having the marriage being severed
(Republic v. Orbecido III, G.R No. 154380, 2005)  Cause must exist only after the celebration of the
1. Marriage is between a Filipino and a marriage
Foreigner

J.Quiaño Notes Page | 19

Absolute Divorce Civil Code: does not require previous declaration of
 Dissolves or puts an end to the marriage and the nullity of the first marriage
parties can marry again
 Cause must only exist only after the celebration of Both marriages are celebrated in the Civil Code:
the marriage It depends on the prevailing jurisprudence at the
 Good faith is not a valid defense time the marriage was contracted.
General Rule: follow the Civil Code
VOID MARRIAGES
Kinds of Impediments: (Tenebro v. CA, G.R No. 150758, 2004 En Banc)
1. Deriment Impediment Veronico ♥ Leticia
- Renders the marriage null and - Judicial declaration of nullity
void - Ground: Psychological Incapacity
 Judicial Declaration of Nullity first
2. Prohibitive Impediment  Legal Consequences: Criminal Lianility
- Does not render the marriage
void but punishes the violator (Jarillo v. People, G.R No. 164435, 2009)
 The Court is the only one to declare nullity of
ARTICLE 34 marriage
 Exception:
Marriages void from the beginning: Declaration of Presumptive Death
1. Marriages contracted by any party below - The spouse is missing and with a well-
18 years old founded belief for 4 consecutive years or 2
- Applies only to Filipinos consecutive years (Art. 319)
- Lack of Legal Capacity - Not repealed by Article 41: purpose to
remarry
2. Lack of authority of the solemnizing - Articles 390 and 390: other purposes
officer
- Exception: one or both parties believe in Article 41, Family Code Article 83, Civil Code
good faith that the solemnizing officer has Period: 4 or 2 Period: 7 years
authority consecutive years
Stricter: requirement No requirement as long as
3. Marriages solemnized without marriage of well-founded belief no news and belief that the
license - Judicial Declaration spouse is missing
of Nullity first
4. Bigamous/Polygamous Marriages - Does not require
- First marriage was not nullified upon filing in court
entering the subsequent marriage Must have exerted Do not need to exert effort
- Void not only the second but also the efforts to locate the in locating spouse
subsequent marriages spouse yet still failed to
locate him/her
(Weigel v. Sempio Diy, G.R No. L-53703, 1986) (actively searched)
 Basis of inserting Article 40
Requisites:
Marriage (Only the present spouse can file the case)
Lilia Eduardo vitiated by a. Absence
force - for FOUR consecutive years
Eduardo’s o well-founded belief that the absent
Lilia Karl Prior
spouse is already dead
marriage

Karl filed a petition for - for TWO consecutive years

declaration of nullity o cause of disappearance is that the
Ground: Lilia’s previous spouse is in danger of death under
marriage extraordinary circumstances.

Extraordinary circumstances in Article

 Bigamy
319:
First marriage is subsisting
a. Person on board a vessel lost during a
No judicial declaration of nullity
sea voyage( vessel: any water craft) or an
J.Quiaño Notes Page | 20
 aeroplane which is missing (airplane: any 6. Subsequent marriages that is void under
aircraft) Article 53
- in connection with Articles 40 and 52
b. Armed forces including the persons therein,
Doctors, Nurses, Reporters who have taken Marriage
part in the war (armed conflict and rebellion)

c. Person in danger of death (example: Tsunami

hit, goes to an expedition) Declaration of Nullity
or Annulment
b. Purpose is to remarry - Registration of
- Present spouse: to remarry decree

c. Well-founded belief that the spouse is

already dead
- Belief: state of mind
- To do a diligent and reasonable search Partition and
Distribution of
d. Action for Declaration of Presumptive Properties and
Death Delivery
- Present spouse files a summary proceeding - Record in the Civil
for the declaration of presumptive death registry + Registry
- With corroborative evidence of Property
- A favorable judgment is rendered (Summary)
- Final and Executory: no ordinary appeal
FAILURE: Null and Void
Remedies: Subsequent Marriage: Null and Void
a. Petition for Certiorari (Rule 65)
b. Annulment of Judgment
ARTICLE 37
 If the period of certiorari has
lapsed Incestuous Marriages
 good faith does not validate a void marriage
Effect of reappearance:  Reasons for prohibition:
 Mere reappearance: No effect  Against morals
 Reappearance with Affidavit of  Congenital effects to off-springs
Reappearance (Art. 42)  Confusion on relations
 Fact and circumstances of Marriages:
reappearance: recorded in the Civil 1. Between ascendants and descendants of
Registry any degree
 Due notice to the spouses of the 2. Between brothers and sisters, whether
subsequent marriage full or half blood
 Effect: subsequent marriage is
automatically terminated ARTICLE 38
UNLESS, there is Declaration of
Nullity of the first marriage Marriages that is void by reason of Public policy:
 Effect of Termination of 1. Between collateral blood relatives,
Subsequent Marriage (Art. 43) whether legitimate or illegitimate, up to
 If both are in bad faith (Art. 44) the 4th civil degree
- Determining blood relationships
- Direct line or Collateral line
- Only if related by law
5. Mistake in the identity of the other party
- Physical identity of the person
2. Between step-parents and step-children
- Substitution
- Step-parents consider their step-children
- Married a person you did not intend to
as their own child
marry
- Marriage between step-brother and step-
sister: VALID

J.Quiaño Notes Page | 21

 3. Between parents-in-law and children-in-
law
4. Between the adopting parent and the
adopted child
5. Between the surviving spouse of the
adopting parent and the adopted child
6. Between the surviving spouse of the
adopted child and the adopter
7. Between an adopted child and a Vice of consent
legitimate child of the adopter
8. Between an adopted children of the same
adopter
9. Between parties where one, with the
intention to marry the other, killed that
other person’s spouse, or his or her own
spouse
ARTICLE 36
Psychological incapacity
Source: Roman Catholic Church
- Refuses to use divorce but with
Catholic Annulments (Declaration of
Nullity)
- Canon 1095, New Code of
Common Law
o “those who are not able to
assume the essential obligations
of marriage for causes of a
psychic nature”
o Catholic Grounds:
 Adamant refusal to give
support
 Sadism
 Indolence
 Epilepsy
 Habitual Alcoholism
 Drug Addiction
 Compulsive Gambling
 Homosexuality
 Extremely low intelligence
o Not binding upon the courts;
only persuasive
o Catholic Church Annulment
First then Court’s Declaration of
Nullity
Definition: no definition provided in the Code
- Case-to-case basis
- Mere irreconcilable differences and
conflicting personalities: not
considered
J.Quiaño Notes
Characteristics:
(Santos v. CA, G.R No. 112019, 1995 En Banc)
1. Gravity
2. Juridical Antecedence
3. Incurability
Psychological
Insanity
Incapacity
Not necessarily a sickness Necessarily a sickness
Ground for declaration of
Ground for Annulment
nullity
Not a vice of consent
- Consent is freely
- Consent is vitiated
given
Problem is in the will Problem is in the mind
Marriage may be ratified
Marriage is not subject to
upon lucid interval or after
ratification
gaining sanity
Guidelines in the interpretation and application
of Article 36 of the Family Code:
(Molina Doctrine)
(Republic v. CA and Molina, G.R No. 108763, 1997)
1. The burden of proof to show the nullity of
marriage belongs to the plaintiff
2. The root cause of the psychological incapacity
must be:
a. Medically and clinically identified
b. Alleged in the complaint
c. Clearly explained in the decision
3. The incapacity must be proven to be existing at
the time of celebration of the marriage
4. Such incapacity must be shown to be medically or
clinically permanent or incurable
5. Such illness must be shown to 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 in Articles 68 and 71 of the Family
Code for the husband and wife and Article 220,
221 and 225 of the same Code for the parents and
their children
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 the courts
8. The trial court must order the prosecuting
attorney and the Solicitor General to appear as
counsel for the State
Definitions of Psychological Incapacity by
Jurisprudence:
(Tongol v. Tongol, G.R No. 157610, 2007)
 Psychological Incapacity must be more than just a
difficulty, a refusal or a neglect in the
performance of some marital obligations
Page | 22
  Psychological Incapacity is not meant to
comprehend all possible cases of psychoses. Only
those connected to the performance of essential
marital obligations
Action for Declaration of Nullity
(A.M. No. 02-11-10-SC)
 for marriages during the effectivity of the
Family Code
Proper Action and Procedure:
Filing of Petition
Issuance and Service
of Summons
Answer
Pre-trial Conference
Trial
Judgment
15 days: period of appeal
Otherwise, decision becomes
FINAL and EXECUTORY
Decree of Nullity
Registered to the Office of the
Civil Registry and to PSA
Grounds: allege the complete facts and should provide
the physical manifestations
Evidence: depends on the grounds alleged
Prescriptive Period: Imprescriptible
 even after the death of the parties
 Family Code:
o Death: cannot anymore file for
Action for Declaration of Nullity
o Estate: as a defense only
Parties:
General Rule: only the spouses have the right to
file
J.Quiaño Notes
 Petitions filed prior to March 15, 2003:
prospective application
 Marriage solemnized under the Civil Code
Interested Parties:
1. Brother (only other heir)
2. Heirs (second spouse cannot get anything)
*Removed: Inchoate Right only
*Remedy: can still raise nullity with regard to the
distribution
3. Those celebrated under the regime of the Family
Code to march 15, 2003 (not included)
Bigamous Marriage:
Spouse from the first marriage can file for
declaration of nullity of the second marriage and
the subsequent ones too
Appearance to the State
 Active Participation of the Solicitor General and
Prosecutor
 Purpose:
1. Whether or not collusion exists
2. Whether or not evidence is not
suppressed or fabricated
 Task of protecting marriage as an inviolable social
institution
 State’s active and zealous participation
Prohibited:
1. Judgment in default (Rule 9, Sec. 3)
- Parties to oppose
- Judge to order the prosecutor to investigate
whether or not collusion exists; no
collusion then it will proceed; if there is
then it will be dismissed
2. No judgment on the pleadings (Rule 34,
Sec.1)
 Judgment based on evidence of the ground
3. No judgment based on stipulation of facts
or confession of judgment (Art. 48)
4. Prohibited Compromise (Art. 3035)
 Validity of Marriage
 Legal Separation
 Future Legitimes
 Jurisdiction of courts
 Support may be subject to agreement.
Courts to respect without the Court to
appoint A.M No. 02-11-12-SC (Articles 49
and 213, Family Code)
Final Judgment and Subsequent Proceedings
(Art. 40, 51-53)
 Death: no effect
Page | 23
  Prior to finality: case is closed and terminated
b. Pregnancy
Effects:  At the time of the marriage of which she
General Rule: None, the decision is immediately is aware
final without waiting for partition and delivery  Birth prior: not covered
(Articles 43, 50, and 51)  Birth after: not covered
1. Annulment (Article 45)  Remedy:
2. Declaration of Nullity (Article 40) Legal Separation (Civil Action)
Adultery (Criminal Action)
Status of Children: Illegitimate Children
Except: those born prior to the finality of the c. Sexually Transmissible Disease
declaration (Art. 36 and 53)  Incurable or curable

d. Drug Addiction, Habitual

VOIDABLE MARRIAGES Alcoholism, Homosexuality or
 Annulment or annullable marriage Lesbianism
 Valid and produces all its civil effects unless  At the time of the celebration of the
annulled marriage
 Ground: present at the time of the celebration of  During: not covered
marriage
 Subject to ratification of the marriage 4. Force, Intimidation and Undue Influence
 Cannot be collaterally attacked; evidence: Decree  Not fully given consent
of Annulment  Only one is required + specific acts
 Filed only during the lifetime of the person
 Pending (died): terminated marriage Force Intimidation Undue
remains valid (Article 1335) (Article 1337) Influence
 Subject to prescriptive period: 5 years dependent Improper
on the ground Physical Fear in the advantage of a
Violence mind person over his
Grounds: will
1. Lack of Parental Consent The person acts
in accordance
 18 years old-below 21 years old
with the will of
 Consent after marriage does not cure the another person
defect Reasonable
 Consent is required prior and well- Example:
 Ratified by: the parties’ free cohabitation grounded fear  Fear of
Serious and disappointing
2. Insanity not always
irresistible parents
 Mental Disorder from the other
force
 At the time of the celebration of the party but can  Family,
marriage be from Spiritual and
another contractual
o Presumption: person is sane
Relations
o Consent: not intelligently given
 Ignorance
o Defect in the consent
 Financial
3. Fraud
Distress
 Limited to Article 46
 Concealment/non-disclosure of:
a. Previous conviction of a crime 5. Physically incapable of consummating the
involving moral turpitude marriage with the other
 Crime was committed before the  Not refusal to physically live with each other
marriage  Not impotency
 Moral Turpitude: against  Permanent inability to perform the
honesty, justice, and good sexual act (Impotencia Copulandi)
morals; moral depravity
 Infertility (Impotencia Generandi)
 With duty to inform the spouse
 Others:
a. Absolute/Incurable Impotency

J.Quiaño Notes Page | 24

 o If permanent: considered as a undue influence
ground Note: if both spouses are responsible for a
b. Temporary or Curable Impotency ground (NO INJURED PARTY)
o Due to certain circumstances Within 5 years
o Not a ground after the
(5) Injured Party
c. Relative Impotency celebration of
o Not to the spouse the marriage
o Considered as a ground Within 5 years
after the
(6) Injured Party
celebration of
 Burden of proof: to the person who alleges
the marriage
should be the one to establish
 Exception:
Doctrine of Triennial Cohabitation
LEGAL SEPARATION
 The presumption of impotency may arise
if the wife remains a virgin for at least 3  Relative Divorce
years from the time the spouses started  Separation from bed and board
cohabiting. The husband must show that  Husband and wife do not perform marital
he was not impotent during the said obligations
period and the burden will be upon him  Marriage bond: not severed
to overcome the presumption of  Cannot remarry
impotence.
Legal Separation Separation de Facto
6. Afflicted with a sexually transmissible Effected only by a decree of Separate at any time
disease court without court order
 Nature: serious and incurable Dissolution of absolute
Property relations remain
community property
STD Any kind of STD Spouse’s share in the
Spouse remains an heir
It must be serious Regardless of nature inheritance is forfeited
Concealed or not as
Knows of the illness
long as it was present
but conceals such fact Legal Separation Voidable Marriage
at the time of the
from the spouse
marriage Marriage bond: not Marriage bond: severed
severed
Ratification: Ground: After the Ground: At the time of the
(Convalidation/Confirmation) celebration of marriage celebration of marriage
1. √ cohabitation upon attaining the age of
twenty-one Grounds of Legal Separation (Art.55):
2. √ upon gaining sanity 1. Repeated Physical Violence or Grossly
3. √ upon discovery Abusive Conduct
4. √ upon cessation of force, intimidation, and  Not the severity of the violence but it should
undue influence be repeatedly done
5. X  REPEATED: frequency of the act is important
6. X not the severity
 Effect: can no longer file; retroacts  GROSSLY ABUSIVE CONDUCT: Bodily
Harm, Verbal Abuse, Nagger,
Who can file When to file Sexual/Psychological Abuse
By the party for Within 5 years  If done only once: not sufficient as a ground
(1) whom no parental from attaining 21  AGAINST: spouse, person filing, Common
consent was given years old Children
By the sane spouse/ Any time before  Considered as a Criminal Case (VAWC)
(2) relative or guardian death of either
of the insane party
2. Physical Violence or Moral Pressure
Within 5 years
(3) Injured Party  Change in the Religious Affiliation and
from discovery
Political Affiliation
Within 5 years
from cessation of  If done once: sufficient as a ground
(4) Injured Party  AGAINST: petitioner
the force,
intimidation and
J.Quiaño Notes Page | 25

3. Attempt to corrupt or induce or
connivance in such corruption or
inducement
 AGAINST: spouse, common child or child of
the petitioner
 Corrupt is to engage in prostitution
 Mere attempt: sufficient as a ground
4. Imprisonment for more than six years
 Conviction by Final Judgment during the
marriage
 Imprisonment for more than 6 years
 Kind of crime committed does not matter
5. Drug Addiction or Habitual Alcoholism
6. Lesbianism or Homosexuality
 Disordered Personality: Psychological
 Conceals:
o Before – Fraud: Annulment
o During: Legal Separation
7. Bigamy
 Filed by the spouse of the first marriage
 1St marriage: Legal Separation
 2nd marriage: Declaration of Nullity
(wherever)
 Subject to the Rule on Territoriality in
Criminal Laws
8. Sexual Infidelity/Sexual Perversion
 No need for conviction for bigamy
 Any kind/act of matrimonial
dishonesty/disloyalty
 Infidelity: not limited as to gender
 Perversion: abnormal sexual act which the
spouse looks at as against his decency
ARTICLE 102 and 128
Presumption: Lack of Intent to return
 The spouse left for 3 months and his whereabouts
are unknown
No intention to return
 The spouse left for more than 1 year
 Without valid reason, intentional/deliberate:
Constructive Abandonment
Defenses that preclude the filing of Legal
Separation case:
1. Condonation
 Forgiveness or pardon of the guilty spouse by
the aggrieved party
 Forms:
o Express: In writing or Oral
o Implied: Deduced from the actions of
the aggrieved party
 The aggrieved party has knowledge of the act
but still forgives
 GIVEN AFTER: Reconciliation
2. Consent
 Permission
 Conformity in advance of the commission of
the offense or act complained of
3. Connivance
 Agreement between the spouses to the
commission of the offense or act
4. Collusion
 When there is no ground but the spouses
make it appear that there is
 When there is ground but do not present
evidence

9. Attempt against the life 5. Mutual Guilt/Recrimination

 With deliberate intent to kill  Both parties have given ground for legal
 Except: separation
Article 247 of the Revised Penal Code  Combination of Acts
o Absolutory Cause
o Death inflicted under extra- Prescription for Action for Legal Separation:
ordinary circumstance  Article 57, Family Code: 5 years from the
Self-defense occurrence of the cause
 Article 102, Civil Code: 1 year
10. Abandonment without justifiable cause (Contreras v. Macaraig, G.R No. L-29138, 1970)
 Physical Abandonment
 Cessation of Marital Obligations and Examples:
Relations *Family Code
June 1, 2008
|
2011 – Knowledge
|
June 1, 2013 : prescribe
J.Quiaño Notes Page | 26
 *Civil Code  Donation – Prescriptive Period: 5 years
June 1, 1978 from finality of decision
|  Beneficiary – Revocation: No prescriptive
October 25, 1980: 1 year from the time period
of cognizant; 5 years from the cause
| Reconciliation
October 25, 1982  Resumption of marital relations
 Beyond 5 years then 1 year  Effect: depends on the stage of the proceedings
 1 year within 5 years
Pending: Joint Manifestation under oath
Action for Legal Separation  Court Order: Dismissal
Filing of
Petition After Judgment: Joint Manifestation under oath
 Manifestation: revives the former
property regime or spouses can choose
Mandatory a new
Cooling-off  Court to issue a Decree of
period
Reconciliation
(6 months)
 Resumption of Cohabitation
During the Mandatory Cooling-Off period:
 Court cannot accept evidence After issuance of Decree of Legal Separation:
 No trial on the merits Joint Manifestation under oath
 Except: RA 9262; Section 19  Motion: revival of property regime
 Trial for custody and support is allowed  Decree of Legal Separation would be set
(Araneta v. Concepcion, G.R No. L-9667, 1956) aside by the court
 Motion for Preliminary Injunction for  Decree of Reconciliation will be issued
management of property

Filing of Judgment
Petition Rights and Obligations
Art. 61 & 62  Spouse: legally wedded person; validly married

ARTICLE 68
Pendente Lite
I. Live together as husband and wife
 Death during the pendency of the case:
 Includes cohabitation or consortium
extinguishes the action
o Purely personal action  No valid reason to live together
o Right cannot be transmitted o No Motion for Injunction
o Without Decree: only inchoate right o No Habeas Corpus
o No Visitation rights
After decision:  Remedy:
Pre-requisite before appeal: Motion for 1. Refuse to give support (Art. 1oo and 127,
Reconsideration or Motion for New Trial Family Code)
 Multiple Appeals: 2. Petition for a receivership
o Expropriation 3. Judicial Declaration
o Partition 4. Sole administrator of properties (Art. 101
and 128, Family Code)
 Not to Legal Separation:
o 1 appeal – 1 stage
II. Observe mutual love, respect and fidelity
o Include all the defenses
o Spouses need not perform
Marriage Privilege Rule (Rule 130, Sec. 22 of the
obligations (Art. 198)
Rules of Court)
o Property Regime: Judicial
 A spouse cannot testify against the other
Separation
spouse
(Espiritu v. CA, G.R No. 115640, 1995)
 Except:
o May revoke donation, beneficiary
o With consent
in insurance policy
o Civil Case (Husband v. Wife)
o Criminal Case (Husband v. Wife)
J.Quiaño Notes Page | 27

Marital Communication Rule
(Rule 130, Sec. 24 (a) of the Rules of Court)
 Anything learned in confidence during the
marriage cannot be divulged
III. Render mutual help and support
Art. 70: provide support of the family
 Family expenses
 Community property
o Income/fruits of separate properties
 Separate properties
o Still to contribute
o In proportion of the properties
ARTICLE 71
Management of the Household
 RIGHT and DUTY of both spouses
ARTICLE 72
(a) Not to neglect duties to the conjugal
home
(b) Not to commit acts which tend to bring
danger, dishonor or injury to the other
spouse or to the family
OTHERWISE,
The aggrieved spouse may apply for court
relief
ARTICLE 73
Either spouse can exercise any legitimate
profession, occupation, business or activity
without the consent of the other
 May object only on valid and serious and moral
grounds
Example: plantation of marijuana
Wife is a prostitute
 In case of disagreement: go to court
Property Relations
 Anti-nuptial Agreement/Pre-nuptial
Agreement
o comes before the marriage
o to fix the property relations
Requisites:
1. Done prior to the marriage with
modifications
(Pana v. Heirs of Juanite, Sr., G.R No.164201,
2012)
2. Confine itself to property relations
J.Quiaño Notes
3. Do not contain provisions contrary to law,
good morals, good customs, public policy,
public order or against the dignity of the
other
4. In writing and signed by the parties
 Formal and solemnized
 Should be in writing to be valid
To register: Registry of Properties
Purpose: to bind third parties (creditors)
Effect if marriage did not take place:
General Rule: VOID
Exception: Provisions not dependent on the
marriage shall be valid
Donations Propter Nuptias
 Act of Liberality
 Property is given to another person gratuitously
 Requisites:
1. Done before the celebration of the
marriage
2. In consideration of the marriage
3. In favor of one or both of the future
spouses
 Wedding gifts: not all gifts; only minimal gifts
considered and allowed by law
Who can donate: either of the future spouses or a
third person
To whom: either or both spouses
What: Real and Personal Property
- Subject to encumbrances (Art. 85)
- No limitation
o Donor: future spouse
o Property: not absolute
o Cannot donate more than 1/5 of the
present property
Revocation (Art. 86)
 A donation by reason of marriage may be revoked
by the donor:
1. If the marriage is not celebrated/judicially
declared void ab initio
EXCEPT:
Donations made in marriage settlement
(Arts. 81 and 50in connection with Arts.
43 (3) and 44)
2. Marriage takes place without the consent of
the parents/guardian as required by law
- No judgment of annulment required
Page | 28
 3. Marriage is annulled and done acted in bad
faith (Articles 50 and 143)
4. Legal Separation
- Donee is the guilty spouse
5. If it is with a resolutory condition and
condition is complied with
6. Donee has committed an act of ingratitude
Donations during the marriage
General Rule: Donation is prohibited between the
spouses
Otherwise, VOID
Purposes:
1. To prevent fraud to creditors
2. To prevent undue influence between the spouses
3. To avoid the circumvention of the prohibition
that spouses sell to each other
Exception:
Give moderate gifts in times of family rejoicing
 Subject to the circumstances of the
couple i.e financial capacity
Prohibition also applies to: Common Law Spouses
 Evil sought to be avoided is still present
 Dominant spouse might take advantage of the
other, same with spouses
 Prior: no express prohibition
ARTICLE 149
Family
 The natural and basic institution
 Given recognition and reiteration by the State
ARTICLE 150
Who are parts of the family:
1. Between husband and wife
2. Between parents and children
3. Among the other descendants and
ascendants
4. Among brothers and sisters whether full or
half blood
(Banguis-Tambuyat v. Balcom-Tambuyat, G.R No.
202805, 2015)
 “spouses” refer to “lawfully wedded persons”
(Ining v. Vega, G.R No. 174727, 2013)
 Illegitimate children are not part of the family
father
 They are part of the family of the mother
J.Quiaño Notes
NOTE:
 Family Relations exclude relations by affinity
 In-laws are not members of the family
ARTICLE 151
Rule: No suit between the family members shall prosper
UNLESS,
Requisite: Earnest efforts toward a compromise have
been made but failed
Requisite not complied: The case will be DISMISSED
1. Plus perjury if it was stated that there were efforts
but actually none
General Rule: The suit be exclusively between or
among family members
 Brother – Brother: allowed
 Husband and Wife – Brother: not allowed
If at least one is not a member: exempt in Art. 151
 Stranger: not to wait for them to settle
Exceptions:
1. Rule is only applicable in Ordinary Civil
Action, not to Special Proceedings
 To establish a right, fact or status
(Vda. de Manalo v. CA, G.R No. 129242, 2001)
2. Rule is not applicable to revival of
judgment
 No controversy anymore
 Just to enforce the judgment already
(Santos v. CA, 475 SCRA 1)
3. Article 2035: Compromise is prohibited
Family Home
- Dwelling house where the husband and wife or an
unmarried head of the family reside and the land
on which it is situated
- Constituted by mere occupation of the family
- Right of property that may be enforced against the
whole world
- Inalienable
Who constitutes:
 Jointly by the husband and the wife
 Unmarried head of the family
How constituted:
 Occupied as a family residence
Where:
 Property of the absolute community or conjugal
property
Page | 29
  Exclusive property of either spouse with the
owner spouse’s consent
Commencement:
 From the time it is occupied as a family
residence
 Continues to be the family home as long as any
of its beneficiaries actually resides therein
(Oliva-De Mesa v. Acero Jr., G.R No. 185064,2012)
2. The need to raise the right of the family home
before the sheriff sells the property
o Only by the beneficiaries
o Failure to raise the fact that it is a family
home amounts to waiver
o To prove that it is a family home: pictures
and testimony

Beneficiaries (Article 154) Procedure:

Primary: Husband, Wife, Unmarried head of
the family
Secondary: Parents, those who live in the
family home, those who depend
upon the head of the family for
legal support
When considered: (Article 153 and 154)
 When the Husband and wife, unmarried head
of the family, or any of its beneficiaries are
physically there
o Real and Actual Residence
o Excludes care takers
o Husband and wife died: still the family
home
Josef v. Santos, G.R No. 165060, 2008
Exceptions:
Article 155, Family Code:
1. Non-payment of taxes;
2. For debts incurred prior to the constitution
of the family home;
3. For debts secured by mortgages on the
premises before or after such constitution;
4. For debts due to laborers, mechanics,
architects, builders, material men, and
others who rendered service or furnished
materials for construction of the buildings.
ARTICLE 160

Remains: Family home is actually worth more than the

 For as long as there is a minor beneficiary maximum amount fixed in Article 157
 Based on the judgment of the court
 If without beneficiary: within 10 years
 Minimum: P300,000
Prohibition against partition:
Illustrations on the exceptions:
Heirs cannot partition the family home unless
the court finds compelling reasons there for. Civil Code Family Code
 Not to apply to other portions of the land
where the family home stands: partition is
August 31, 1997

allowed
 Family Home : Structure and the land where it
stands
Loan for Family
How much: business Home
Actual value should NOT exceed:
 P300,000: urban areas
 Execution: Exception #2
 P200,000: rural areas
Or such amounts as may hereafter be fixed by
law plus improvements
Civil Code Family Code
How many:
Only ONE family home
August 31, 1997

Sale, Alienation, Disposition and Assignment

General Rule: Family Home is exempt from Family Loan for
execution, forced sale and Home business
attachment (Art. 153)
Reason: It is a physical symbol of love and X Execution
memories of the family

J.Quiaño Notes Page | 30

 Civil Code Family Code Civil Code Family Code

August 31, 1997

August 31, 1997

Family Debt
Family 2nd Home
Home Debt Family (1980)
Home

Article 153
No. All residences upon effectivity of the Family
Code: Family Home under the Family Code
 Not from the time of occupation
Civil Code Family Code
 Benefits only upon the effectivity of the Family
Code
August 31, 1997

Debt Family Civil Code Family Code

Home

August 31, 1997

 Execution
because there Family Execution
is mere Home
occupation
Damages

Note: Civil Code: mere occupation as a family home is

not considered. Judgment
Needs: Art. 225 – Judicial
Art. 240 – Extra-judicial
 Execution: consider when the damages were
*Affidavit and Registry to
incurred
Registry of Property
Failure: Not considered a family
home

Civil Code Family Code

Civil Code Family Code
August 31, 1997
August 31, 1997

Family Damages Judgment

Home
Family Debt
Home

 Execution Family Code: No retroactive effect

because there
is mere
occupation

J.Quiaño Notes Page | 31

 Property Relations ARTICLE 148
I. Absolute Community Property
- All properties owned by the contracting parties Paramour and Man
before the marriage ceremony and those which they - Both contributed to buy the property
acquire thereafter shall comprise the absolute
community property  Paramour: considered co-owner
 Man: Absolute Community
Commencement:  Husband paid for the property registered in
At the precise moment that the marriage is the name of the paramour: still Community
celebrated Property
 Not the date  Support: Article 100 – not entitled to support

Excluded Property (Art. 92):

1. Property acquired during the marriage by Liabilities and Charges:
gratuitous title and the fruits and income thereof  Community Property:
2. Property for exclusive use of either spouse o Major and minor repairs
Except: Jewelry which shall form part of the o Preservation of the community property
community property o Taxes
3. Property acquired before the marriage by either o Debts without the consent of the other
spouse who has legitimate descendants by a spouse but redounded to the benefit of
former marriage and the fruits and income thereof the family
o Debts with the consent of both spouses
Regardless of the source of funds: still community o Expenses that will enable the other or
property either spouse to commence or complete
vocational or professional course
Losses and Winnings:
 Losses: paid by the losing party, not charged to Example:
the community property
 Winnings: form part to the community property Husband and Wife

Example:
Land

Jeepney Island Building

(prior) (prior) (After
Wife Husband RP Tax: marriage)
Community Property
Filipina Foreigner Repair: Community Community Rentals:
Property Property Exclusive.
Car – Community Property However, if
used by the
Inheritance of Husband – Exclusive Property of the family:
foreigner Community

Repairs Art.
Land –Exclusive Property of the wife 94 (5):
 Foreigners cannot own land in the Philippines; Exclusive
 Subject to reimbursement? NO, because he
cannot profit from a violation of the Expenses for
Constitution; amounts to circumvention of the preservation:
law; Community
 Cannot be allowed administration
Debts:
House – Community Property Both spouses donate: Community
Debt of the husband for a house before the marriage:
Community
Debt of the wife for vacation: Exclusive
Support of an illegitimate child by a spouse: Exclusive
UNLESS no exclusive property or insufficient
J.Quiaño Notes Page | 32
Administration of Community Property ARTICLE 102
 Power to administer: jointly by the spouses
 Requires: Written consent of both spouses
o Note required if what is required is Exclusive Not enough
authority of the court
o With marital conformity: Attach Special
Power of Attorney Spouse
 Fraud or forged: Transaction is void
 General Rule: No written consent or court Absolute Debts and Obligations
authorization – Void
- Imprescriptible
- Continuing Offer: valid contract can never be
Net Assets
ratified
 Rules on co-ownership: only suppletory
Family Code v. Rules on co-ownership: Family
Code prevails
 Disposing Specific Property: needs written Spouse Spouse
consent
*shares of future legitime
ARTICLE 89

Waiver during the marriage

Market Value (celebration of marriage) - Market
General Rule: not allowed
Value (dissolution) = Net Profits
Exception: Judicial Separation of property
 Subject to forfeiture (Articles 43 and 44)
After dissolution/annulment: allowed

ARTICLE 100 and 101 ARTICLE 104

Both marriages: Civil Code
Effects: Abandonment
 To liquidate properties of both marriages
 To sell: needs judicial authority
 To determine what belongs to the 1st and 2nd
Liquidation: marriages
- to determine which belongs to what
Settlement of the marriage
estate - no proof: capital of marriage
- length of the time the marriage lastd
Death: 103
Liquidation Example:
Cause (judicial or extra- 75,000 (divided by 3)
judicial) A – 5 years – 1 : 25,000
B – 10 years – 2 : 50, 000
Other causes: 102
Capital:
A: 5,000
5k/15k : 1/3 – 25, 000
ARTICLE 103

To avoid merger of properties B (dead): 10,000

10k/15k : 2/3 – 50, 000
 Subsequent: Absolute marriage separation of
property
*5,000+10,000=15,000
 Non-liquidation of properties/Prior to
liquidation: Any transaction is void
A: 5 years x 2,500=10,000
10k/40k or ¼
Reconcile the cases of Molina and Go:
 When Civil Code is in effect:
B: 10 years x 3,000= 30k/40k
o No such rules apply
o What is applied: rules on co-ownership
o Upon death, properties are transmitted to
heirs

J.Quiaño Notes Page | 33

II. Conjugal Partnership of Gains (Article 106)  Exclusive Funds: Exclusive Property
- applicable only if there is a marriage settlement  Conjugal Funds: Conjugal Property
- Civil Code: CPG (default)
- Family Code: ACP (default) Losses and Winnings:
- Converted when Family Code took effect? NO.  Losses: Losing spouse
Marriage settlement cannot be converted during  Winnings: Conjugal property
the marriage
 Lotto: Exclusive money to buy the ticket
Extent of provisions of CPG: Winnings: Conjugal – subject to
Only to CPG existing from the time of the Civil Code reimbursement
Ticket (donated): Conjugal
Examples:
Husband using conjugal funds buys jewelry and
Husband Wife
shoes for the wife:
Married: 01/01/2014,  Conjugal
5:00 pm  Does not matter who uses it

ARTICLE 148

Jeepney: Car Paramour and Husband buy a house

20 Nov 2012 (inherited): - Ownership: It depends
Exclusive 01 Jan 2014
Exclusive  Actual Contribution: both – c0-owners
Profits: It depends  Husband’s share: conjugal
Prior: exclusive  No proof of Actual Contribution: conjugal property of
During: conjugal Land the Husband and wife even if it is in the name of the
acquired by paramour
Island gratuitous
15 April title
2013 01 Jan 2014 Components of Conjugal Partnership:
Exclusive 8:00 pm  Excluded Property (Article 109)
Exclusive  Included Property
 Property by Installments
 Period: 10 years
 Prior to marriage: wife paid
 After marriage: conjugal
Building  Article 118: IT DEPENDS
10 Sept. 2016 o Full ownership before: exclusive
Exclusive o After: conjugal

Rentals: Conjugal  Debts: loans payable by installments

 Period: 10 years
Hidden Treasure:  P100,000/year
- Processed  10% per annum
- Ownership is unknown  Principal + Interest
- ½ to finder; ½ conjugal o Before marriage: exclusive
o During marriage:
Japanese Treasure: Principal: exclusive
- 75%: Japanese government Interest: conjugal
- 25%: Finder (Article 119)
Examples:
Husband bought a car Island: Exclusive Property (inherited)
- Used by the wife Resort: Conjugal funds
- February 14, 2015
 Exclusive Property of the husband
 Obtained by onerous title
 Important: Source of funds
J.Quiaño Notes Page | 34
 Non-marital property + Marital Funds=Improved ARTICLE 124 and 125
Property Same rules on Administration and Disposition

Depends on the Cost of Improvement: ARTICLE 129, 130 and 131

Increase in the value of the property > Value of the property
Conjugal
Increase in the value of the property ≤ Value of the property
Exclusive
Same rules
Quiao v. Quiao, G.R No. 176556, 2012
Exclusive Property + Reimbursements &
Indemnification – Spouse
Conjugal Property + Advances – Debts and
Obligations = Net Assets divided to Spouses

ARTICLE 113
Profits: No computation; Same as Absolute
Property
Lolo
Building III. Separation of Property
- Simplest property relations
- Expenses: sharing

Husband Article 114: Definition

Wife
Article 134, 143: How
 Co-owners
 Exclusive Property Article 135: Grounds

Depends on the sharing: Article 136: File a petition in court for voluntary
 Designation of the shares Separation
 No designation – equal shares Revival: Depends on the gorunds

ARTICLE 114 ARTICLE 147

Onerous title: changes – exclusive Property regime of unions without marriage

a. Void Marriages or Live-in relationships
 Both are capacitated
ARTICLE 115
Elements:
Bonuses 1. Man and woman
 13-month pay: Conjugal - Legally capacitated to marry each other
 Bonuses (gratuitous): Exclusive (Valdes v. RTC, G.R. No. 122749, 1996)
 Benefits: 2. They live exclusively
o Gratuitous: Exclusive 3. Their union is without the benefit of marriage or
o GSIS/SSS: Conjugal marriage is void
Note:
Without Legal capacity:
ARTICLE 121 Article 147: X
Same rules Article 148: √

Incestuous:
Difference: Article 147: X
Article 148: √
ARTICLE 121

Only after the debts are paid Property Regime: Limited to co-ownership
If not enough: the other cannot be forced to pay  Properties enumerated: Co-owned
 Others: Exclusive
J.Quiaño Notes Page | 35
  Includes: Wages and Salary: property acquired by
both of them through their work or industry
 No work: only at home – considered as
contribution; no need to prove actual contribution
 Inherited: Exclusive
 Encumbrance: Forfeiture
Partition and Liquidation
 Ordinary Rules on co-ownership
(Diaz-Salgado v. Salgado, G.R. No. 204494, 2016)
 By Judicial Partition
 By Agreement/ Extra-judicial partition
 At any time
ARTICLE 148
b. Bigamous, adulterous, etc. relationships
- Incapacity and Legal Impediment
Property Regime: Co-ownership
 Limited to properties acquired through actual joint
contribution of money or property
 Joint deposits of money and evidence of credit
 Absence of proof to the contrary: Presumed Equal;
only exclusive: no joint actual contribution
Paternity and Filiation
 Paternity: relationship of the father to the child
 Maternity: relationship of the mother to the child
 Filiation: relationship of the child to the parents
 Determined by law
 Not subject to compromise agreement
 Cannot be left in a will
Kinds:
1. By nature
 Legitimate
 Legitimated
 Illegitimate
2. By fiction of law
 By Adoption
Legitimate Children (Article 164/Article 54)
1. Children conceived OR born during the
marriage of parents
 Declaration of Nullity
o General Rule: Illegitimate
o Except: Born before declaration of nullity
on the ground of psychological incapacity
2. Children conceived as a result of
Artificial Insemination
 Artificial Insemination of the wife,
sperm of the husband or of the donor
or both donor and the husband
J.Quiaño Notes
 Both the Husband and Wife authorized and
ratified through a written instrument
executed and signed them before the birth
 Written instrument should be registered in
the civil registry together with the birth
certificate of the child
o If done: cannot impugn legitimacy
o If not done: can impugn the legitimacy
Presumption of Legitimacy
- A child born during the subsistence of a valid
marriage is considered as the legitimate child of
the spouses of that marriage
- Arises when:
 There is a valid marriage
 Conception happened during the
subsistence of a valid marriage
- Presumption: Wife’s child with another man
- Who can question? Limited persons with
prescriptive period
ARTICLE 167
A child is considered as legitimate although the
mother declared otherwise
ARTICLE 168
Subsequent Marriages
 300 days: maximum period of pregnancy
 120 days: period of conception
 After 300 days: no presumption of legitimacy
 Status depends on the marriage:
o Valid: legitimate
o Invalid: illegitimate
Action to Impugn Legitimacy
ARTICLE 166
Grounds:
I.
1. Impossibility of the husband to have sexual
intercourse with the wife
 Does not include sterility
 Only Impotence
2. Living Separately
 Does not include those in the same city
because there is access
3. Serious Illness
 Those which prohibits him from sexual
intercourse
Page | 36
II. Biological or other scientific reasons
Includes:
1. Blood Testing
 Blood type of the child is a possible
combination of the parents
 Non-paternity: conclusive

2. Human Leukocyte Antigen Test

3. DNA testing
 Probability: 99% - still not conclusive;
reputable evidence of paternity
 Can present evidence for questioning

Vallejo Standards
(People v. Vallejo, G.R No, 144656, 2002)
 Not 99.9%: Corroborative Evidence; to
present evidence to establish filiation
 Conclusive evidence of non-paternity: not
a match or no match at all

(Lucas v. Lucas, G.R No. 190710, 2011)

 Reasonable possibility of paternity
 Present prima facie evidence or establish a
reasonable possibility of paternity

Motion for DNA testing: discretionary to

courts

III. Artificial Insemination

Who: Husband (Article 170)

- To be subjected to ridicule if the child is not his
- Child cannot impugn legitimacy
- In exceptional circumstances (Article 171)

When:
Within 1 year
 From knowledge of the birth of the child
 From the date of recording in the civil
register: the husband or any of his heirs in
a proper case reside in the city or
municipality where the child was born or
its birth recorded

Within 2 years
 If the husband and his heirs do not reside
in the same city or municipality where the
child was born or its birth recorded

Within 3 years
 If the husband or his heirs are residing
abroad; or
 The child was born or its birth registered
abroad
(Geronimo v. Santos, G.R No. 197099, 2015)
 Presumption is fixed and unassailable

J.Quiaño Notes Page | 37