Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y.

2018 (1st sem)

CIVIL CODE – compilation of Civil laws at the time it was made.
1949 - Codification of Civil Laws.
 NOT ALL CIVIL LAWS IN THE PHILIPPINES ARE BOUND IN
THE CIVIL CODE.
August 30,1950 – Effectivity date of civil code
“Congress cannot pass a unrepealable law”
 Refers about the “Effectivity date” of a law.
EO 200 – Passed by President Corazon Aquino in 1987 provides
that publication may be done not only in the Official Gazette,
but also in a newspaper of general circulation in the Philippines.
Reason of the law
Newspaper - wider circulation of information
Official Gazette - limited readership and accessibility to people.

 A law may be called when the time it was enacted (Eg.
Civil Code of the Philippines”. You cannot expect that
the law enacted in 1950 may still be good today.
 A law which is not useful may be amended.
1987- Review of Civil Code
Art. 1 - This act shall be known as the “Civil Code of the
Philippines.”
 How to determine effectivity date of the law?
1.Look for effectivity clause that will govern.
- If the law has expressly provided as when it becomes effective,
then that will govern.
Eg. 1 year after publication – it will become effective after 1
year from the time of its publication.

Purpose of publishing the law before it becomes effective

CIVIL CODE VS FAMILY CODE
-To disseminate and let the people know what the law is all
 There are many laws found in the Civil Code that are
about.
discriminatory to women.
- The requirement of the publication is intended to familiarize
CIVIL CODE FAMILY CODE the people with the statute. Publication must be in full or it is
Purpose of determining Purpose of determining no publication at all since its purpose is to inform the public of
domicile - decided by the domicile – joint decision where its content. (Tañada vs Tuvera)
husband. to live both by the husband
and the wife.
2. If the law is silent (No effectivity date)
- It shall become effective after 15 days of publication.
DISCRIMINATORY PROVISION (CIVIL CODE)
WOMAN MAN “Unless otherwise provided” – does not mean unless the law
If a woman had a sexual Mere sexual intercourse by a provides that there is no need for publication.
intercourse with more man other than his wife is not - It refers solely to the 15 days period and not to the
than 1 man, her crime a ground for legal separation. requirement of publication.
would be equivalent to the - Publication is an indispensable requisite the absence
no. of men she had an affair of which will not render the law effective. (Tañada vs
with. Tuvera)

FAMILY CODE If the Law provides that it will take effect immediately
WOMAN MAN
- It means that it shall take effect immediately upon
Sexual infidelity/ Sexual infidelity/ perversion publication, meaning to say, there should always be
perversion (applicable to (applicable to husband) publication before the law can take effect.
wife)
COMPUTATION OF 15 DAYS PERIOD
AFTER 15 DAYS PUBLICATION vs 15 DAYS AFTER PUBLICATION

Art. 2 - Laws shall take effect after fifteen days following the AFTER 15 DAYS 15 DAYS AFTER
completion of their publication either in the Official Gazette, PUBLICATION PUBLICATION
unless it is otherwise provided. This Code shall take effect Effectivity: 16th day Effectivity: 15th day
one year after such publication.

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Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
LAWS THAT DOES NOT NEED PUBLICATION TO TAKE EFFECT:
- Interpretative Regulations
- Those that regulate only administrative agency’s
personnel and not the public
- Letters of instructions issued by Administrative
superiors.
People vs Que Po Lay
-Rule relating to effectivity of Law applies to a Central Bank
Circular.
Roy vs CA
-No need to publish Supreme Court’s decisions in Official
Gazette.
Cawad vs Abad et.al
-Interpretative Regulations nothing further than their pair
issuance for they give no real consequence more than what
law itself has prescribed.
What if the publication is on installment due to its voluminous
number of pages such as the family code, when will it take
effect?
- “From the complete publication” – when the law is
completed, that’s the time where it will start to run for
its effectivity.
Art.3 - Ignorance of the law excuses no one from
compliance therewith.
Ignorantia legis non excusat – founded on expediency, policy,
and necessity so as to prevent the evasion of the law.
- You are bound by the law; therefore, such ignorance
cannot be an excuse for ignorance of the law.
- Refers only to mandatory or prohibitory laws, not to
permissive or suppletory laws.
- Applies to all kinds of domestic laws, whether civil or
penal, and whether substantive or remedial.
Why do we need to presume and know the law?
- Purpose: It’s a matter necessity and practicability that
there has to be a conclusive presumption (no evidence is
admissible to the court) otherwise the indentation of the
law becomes frustrated.
- To provide opportunity to know the law.
- Only applicable to Philippine laws, because we are not
required to know the foreign laws.
Doctrine of Processual Presumption
 If the foreign law is not properly alleged and proved, the
presumption is that it is the same as our law.
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“SET A GOAL. ENDURE THE PAIN. NEVER GIVE UP. BELIEVE.”
Tañada vs Tuvera
-To allow one to set up for the defense of ignorance of the
existence of the law he violated is to foment disorder in
society.
- Basis of SC: “All laws must be published”.
- Without such notice and publication, there will be no basis
for the application of the maxim as it would violate the basic
principle of due process.
Adong vs Cheong Seng Gee
-Ignorance of foreign law is not ignorance of the law, but
ignorance of the fact because foreign laws must be alleged
and proved as a fact.
Wong woo Yiu vs Vivo et al
- Doctrine of Processual Presumption
-SC: A marriage in China celebrated by a village elder is not
valid in the Philippines unless there is a proof that indeed a
village elder is authorized to solemnize marriage under
Chinese laws.
-In absence of proof: We will presume that the law of China
is same as ours.
Art. 4 - Laws shall have no retroactive effect, unless the
contrary is provided.
General Rule: Laws are prospective, not retroactive.
EXCEPTIONS: Instances where Law may be applied retroactively
1. When the law expressly provides for its
retroactivity.
2. When the law is curative or remedial in nature.
3. When the law is procedural.
4. When the law is penal in character and favorable to
the accused as long as he is not a habitual
delinquent.
5. When a substantive right is declared for the first
time, unless vested rights is impaired.
A law that is penal in nature cannot be given retroactive effect,
if it is disadvantageous to the accused because it becomes an
ex post facto law.
Ex post facto law: It makes criminal an act done before the
passage of the law, and which was innocent when done, and
punishes such an act.
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
People vs Patalin (Crime of Robbery & Multiple Rape 1984)
- The Suspension of Death Penalty Law by the 1987
Constitution benefits those who are charged of capital
offenses and whose cases are still pending in court.
- Thus, even if the crime was committed before 1987, death
penalty cannot be imposed on them as the 1987 Constitution
abolishing death penalty can be applied retroactively as it is
beneficial to them.
A law cannot be given retroactive effect if it impairs vested
rights provided by the old law.
Bernabe vs Alejo
An illegitimate child born before the effectivity of the family
code may still prove his illegitimate filiation even after death
of his father in 1992.
Municipality Govt. of Coron vs Cariño
-Statutes regulating the procedure of the courts will be
construed as applicable to actions pending and undetermined
at the time of their passage. Procedural laws are
retrospective in that sense that & to that extent because
there is no vested rights in rules of procedure”.
DBP vs CA et al
The law looks forward, not backward.
People vs Jabinal
When a doctrine of the court is overruled and a different view
is adopted, the new doctrine should be applied prospectively
and should not apply to the parties who had relied on he old
doctrine passed on the faith thereof.
Art. 5 – Acts executed against the mandatory or prohibitory
laws shall be void, except when the law itself authorizes
their validity.
General rule: Acts in violation of mandatory and prohibitory
rules are void.
 Mandatory laws – are those which require something
to be done.
Examples:
- A law mandating that a donation of an immovable
property must be in public instrument. (Art.7499)
 Prohibitory laws – those which contain positive
prohibition and requires that certain acts should not be
done.
Examples:
- A law that prohibits on making of a joint will by two or
more persons. (Art .818, CC)
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- Reason: Joint will is reciprocal in nature, it violates
“Revocable at anytime” (Tear & Burn) or execute
another.
Marcos vs COMELEC
It is a well-settled doctrine that a statute requiring rendition
of judgement within a specified time is generally construed to
be merely directory, so that non-compliance with them does
not invalidate the judgement on the theory that if the statute
had intended such result, it would have clearly indicated it.
Directory Provision: is one, the observance of which is not
necessary to the validity of the proceeding.
EXCEPTIONS:
1. When the law makes the act not void but merely
voidable. (Eg. Vitiated Consent of a party in a marriage)
2. When the law makes the act valid, but the wrongdoer is
subject to liability. (Eg. A widow not allowed to remarry
in 300 days from death of her husband)
3. When the law itself makes the act valid when it should
have been void. (Eg. Gambling is prohibited by law
except Lotto, sweepstakes, etc.)
4. When the law makes the act void, but recognizes some
legal effects flowing therefrom. (Marriage with a oarty
who is psychologically incapacitated to comply with the
essential marital obligation is void.)
Art.6 – Rights may be waived, unless the waiver is contrary
to law, public order, public policy, morals or good customs,
or prejudicial to a third person with a right recognized by
law.
 Right – legally enforceable claim of one person against
another, that the other shall do a given oath, or shall not
do a given act.
RIGHTS THAT CANNOT BE RENOUNCED VALIDLY:
a. Natural Right to life
b. Rights which did not exist yet
c. Renunciation of rights which would violate public policy.
 The agreement of the husband and wife who have
already separated de facto: NULL & VOID (Against
public policy)
 Waiver of future inheritance: VOID (Contrary to law
and one cannot waive a right that does not exist yet)
 Political rights cannot be a subject of a waiver: NULL &
VOID (Contrary to Public Policy)
 Waiver – intentional relinquishment of a known right.
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
General rule: Rights may be waived.
EXCEPTIONS:
1. When the waiver is contrary to law, public order, public
policy, morals, or good customs.
2. When the waiver is prejudicial to a 3rd person with a
right recognized by law.
REQUIREMENTS OF A VALID WAIVER
1. The waiving party must actually have the right he is
renouncing.
2. He must have full capacity to make the waiver.
3. The waiver must be clear and unequivocal.
4. The waiver must not be contrary to law, public order,
public policy, morals, or good customs or prejudicial to
a third person with a right recognized by law.
5. When formalities are required as in the case of an
express condonation of a debt, the formalities must be
complied with.
Condonation - “Forget what you owe me”
- Wag mo na ako bayaran, kalimutan mo na utang mo!
Leal vs IAC
A contract of sale with right to repurchase containing a
prohibition against selling the property to any other person
except the heirs of the vendor a retro is null and void because
it is contrary to law.
Cui vs Arellano
Waiver of the right to transfer to another school is by a
scholar was “Contrary to Public policy”.
Sanchez et. Al vs CA
There was a waiver contained in the compromise constituting
a relinquishment of a right to properties owned by the
decedent which were not known.
-In contesting the validity of such waiver, I was contended
that the same is contrary to morals, law, public policy.
ART.8 Judicial decisions applying or interpreting the laws or
the Constitution shall form part of the legal system of the
Philippines
ART.9 No judge or court shall decline to render judgement
by reason of the silence, obscurity or insufficiency of the
laws.
 It is NOT A FUNCTION of the JUDGE TO LEGISLATE.
 What the Judge is supposed to do is “APPLY THE LAW
and APPLY THE RULES OF INTERPRETATION only when
the LAW IS OBSCURE or AMBIGUOUS.”
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 In fact, when a judge renders a decision, he has to state
the basis of his decision basing on the provisions of
law. As to state the law and jurisprudence to support
also his decisions.
 If there is no law found on a specific decision, A judge
cannot refuse to render a decision, however if it
involves a criminal case and for the act complained of
as a felony. The judge cannot find a particular law on
the matter, then the judge will have to dismiss the
case. Why?
Ans: Because there is no crime when there is no law punishing it.
No matter how grave the act is, when there is no law punishing
it, then there is no criminal offense. The judge has to dismiss the
case.
 He has to decide and he cannot say “I have studied this
case and there is no law, so I refuse to render a
decision.”
 He has to decide by applying the custom of the place,
and in default, the general principles of law and justice.
 Now, this concept of applying the custom of the place
and the general principles of law were what we find in
obsolete (no longer produced or use) law. It is not
anymore stated in the present law.
Q: WHAT WILL HAPPEN IF A CASE NOW LODGE ON A SON OF A
JUDGE AND THERE IS NO SPECIFIC LAW THAT HE CAN APPLY.
WHAT SHOULD THE JUDGE DO?
Ans: Apply the custom of the place and in default thereof, the
general principles of law and justice. We can also base it on
Decisions of foreign courts, Opinions of known authors and
professors, Applicable rule of statutory construction, Principles
laid down in analogous circumstances.
Q: When a situation arises and the law is ambiguous, the judge
has to interpret the law. What do you think will be the basis of
the judge when he interprets a basic provision of the law?
Ans: They will look into the “Intention of the Congress” when the
law was enacted that will guide you in the interpretation
because you will know “When a law is pass, there would be a
deliberation in Congress” and during the congressional debates,
you will know what is the intention of this particular law.
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
INTERPRETATION OF LAWS
Art. 10 In case of doubt in the interpretation and application
of laws, it is presumed that the lawmaking body intended
right and justice to prevail.
Q: In case there is doubt, interpretation will follow. In
interpretation of laws, it is always presumed that the
lawmaking body intended right and justice to prevail. Why?
Ans: When we talk about a law, a law is supposed to uphold
justice and equity (general rule). Although in some cases, as I’ve
said, “A law may be enacted which can be unfair”. In the
interpretation, it has to be in the “mind of the judges.” That’s
why you will note that in the interpretation of Art. 26 of the
family code, this was pointed out by the judge especially in that
case wherein there is a controversy as to whether or as to what
is the correct interpretation of art.26 which involves a marriage
between a Filipino man and a Foreigner.
 Interpretation is to be applied only, in case of doubt.
 If the law is clear – apply the Literal wordings (plain-
meaning or Literal rule) of the law.
 NO interpretation of the law is needed when it is clearly
worded.
Q: When you talk about “Intention”, what will guide the court
in determining “What could have been the intention of
Congress when the law was enacted?”
Ans: He will presume that the right intended must be RIGHT and
JUSTICE TO PREVAIL.
Q: You have this principle of law “DURA LEX SED LEX”, what
does it mean?
Ans: The law may be harsh, but it is the law.
Q: What if the law is unfair and unjust?
Ans: Whether the law may be harsh and is unfair, it is the law,
then it must be complied with.
Q: If it really happens and the law has become effective, and it
is really inequitous or unfair, what would now be the
appropriate remedy?
Ans: If a law is unfair, then people who are affected by it can
lobby before Congress for the law to be repealed. Because as
long as it is not repealed, we are bound all by it.
 That is precisely the reason why, when the time where
“death penalty” was imposed, there were many,
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including the Catholic Church who really lobbied for the
absolution of “Death Penalty. Because as long as the law
is there, it must be complied with.
 The only remedy for it is to seek for its repeal or
amendment.
 It is not a part of the duty of the Justices to lobby in the
congress, their duty is only to apply the law.
Q: What do you mean by “Equity follows the Law” in relation
to “Dura Lex Sed Lex”? (Bar Question)
Ans: For as long as there is a law, you cannot allege that “Equity
will have to be observed”. Because as I’ve said earlier, there is a
possibility that the Law is unfair, but Equity must follow the law.
In other words, “Even if the law maybe inequitous, WE ARE A
COURT OF LAW, AND NOT A COURT OF EQUITY.”
 The judge therefore cannot decide on what is fair and
what is just if there is a specific law on the matter. You
cannot say that “The law must be decided in this
manner” because it is the most equitable way of
deciding it as against in accordance with you.
 It is always the law that judge prevail.
 Equity: Justice outside legality. Only again in the
absence a never-against statutory law or judicial rules
of procedure.
Art.11 Customs which are contrary to law, public order, or
public policy shall not be countenanced.
 Our court does not take “Judicial notice” of Customs.
 Judicial notice:
Art. 12 – A custom must be proved as a fact, according to the
rules of evidence
Q: WHEN DO WE SAY THAT FOR A PARTICULAR FACT, OUR
COURTS TAKE JUDICIAL NOTICE FOR A FACT THAT SIMPLY
MEANS --- THE ONE WHO ALLEGES THAT FACT DOES NOT
HAVE TO PRESENT AN EVIDENCE?
Eg. When we say that the Philippines is consist of more than
7,000 islands and you state that to the court. Will the court
require you to prove that the Philippines consist of more than
7,000 islands?
Ans: NO NEED because of the courts take on “Judicial Notice”
that is an admitted fact. You don’t have to prove that.
Eg. The month of January has 31 days, will you be required to
prove that it is 31 days?
Ans: No!
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
Eg. Computation in a contract.
 When it is the obligation due and demandable?
Ans: When you count the period, you don’t have to prove that
in the month of January, it contained 31 days. So, the court takes
judicial notice of that.
 When we talk about customs, we have to prove that it
is the particular practice or tradition of that place.
 CUSTOMS: rule of conduct formed by repetition of acts,
uniformly observed(practiced) as social rule legally
binding and obligatory.
 USAGE: Repetition of acts
 “When there maybe usage without custom, there
cannot be a custom without a usage accompanying or
preceding it.”
Requisites to make a CUSTOM an OBLIGATORY RULE:
1. Plurality of acts or acts which have been repeatedly
done.
2. Generally practiced by the great mass of social group.
3. Practiced for a long period of time.
4. Community accepts it as a proper way of acting
Eg. Kalesa and Pochero (Damages)
A Pochero alighted from the Kalesa and assisted the passenger
in bringing down his things. When he was down, assisting the
passenger, the horse galloped resulting to damage of the things
and injury to the passenger. And so an action for damages was
filed against the pochero for his negligence. Now, the passenger
claimed that the “Pochero in alighting from his kalesa, was a
negligent act on his part because he could no longer control the
horse.” So, what now be the defense of that pochero as a driver?
 He must now prove to the court that there was no
negligence on his part on what he did by assisting the
passenger, because that was the custom of the place
that when the passenger needs assistance, the Pochero
would go down and assist. It was to be an accident that
was beyond control. It was the custom, and it was the
practice, so many has been doing that.
 There was plurality in the acts and it’s generally
practiced by “All Pocheros in the locality” and it is
accepted as a proper way of knowledge? So, the court
held “There was no negligence”. Proving that the judge
does not only have to accept that.
 That was at that time, maybe now, things would be
different. (Eg. Crossing in the middle of the street and there
are other means of transportation, the court might
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misbehave because there are other trespassers by.) So, is
that considered as negligence? - YES!
 Note: This was a very old case at that time. The judge does
not take judicial notice of an act. The judge must not only
have to accept you. You will have to prove that “It is really
the custom of the place”.
Why do you have to prove that it is the “custom” of the place?
 The court does not take judicial notice of an act to
constitute a “custom”.
COMPUTATION OF THE PERIOD
Art. 13 – When the law speak of years, months, days or
nights, it shall be understood that years are of three
hundred sixty-five days each; months, of thirty days; days,
of twenty-four hours; and nights from sunset to sunrise.
 This is significant because when you go to Law Practice,
there will be “Periods” set by law. Just like even, as
regards to the effectivity of a law, you will know how to
count.
 If the law says “It becomes effective after 1 year from
the completion of its population”, then you will have to
count WHEN IS THE EFFECTIVITY DATE WHEN IT SAYS
AFTER 1 YEAR?
In the interpretation in the counting of the period, you have the
following rules:
 1 YEAR = 365 DAYS
 1 MONTH = 30 DAYS
 1 DAY = 24 HOURS
 NIGHT = SUNSET TO SUNRISE
Applying this, we may now have the rules in publication of a
period. With respect to months however, if the month
specifically designated (30 or 31 days), then you should apply
the number of days in that particular month.
 Eg. June (30 days); August (31 days)
GENERAL RULE: You exclude the 1st day and include the last
day.
Eg. Effectivity Clause. (Family Code)
- The effectivity clause under the Family code, says “This
code shall take effect 1 year after the completion of its
publication in a newspaper of general circulation a
certified by the Executive Secretary in the Office of the
President. “
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
- Although it was published, the completion of the
publication was on August 4, 1987.
Q: WHEN DID THE FAMILY CODE TAKE EFFECT?
 So, if it says “1 year = (365 days)”. It took effect on
the 365th day because you exclude the 1st day and
include the last day.
 It will only become 366 days if it’s a leap year due to
1 more day added - Feb. 29
 Normally, when you compute the period of 1 year,
when you say August 4, then the 1 year after that is
August 4 of the following year.
With respect to the effectivity date of the Family Code
 It took effect NOT ON AUGUST 4, 1988 but on AUGUST
3, 1988.
WHY?
 Because it’s a LEAP YEAR. (Divisible by 4)
 Added 1 more day (Feb.29).
COUNTING OF PRESCRIPTIVE PERIODS
In instances also, where you count the prescriptive period of 10
years, you will take note that IN A 10 YEAR PERIOD, there are
two (2) leap years within the 10-year period.
 You will have to deduct it from the 10 years
Eg. 10 years from August 4, 1987 and we talked about
prescriptive period of 10 years
Solution:
1 year = 365 days
365 days x 10 years = 3,650 days
You have 2 leap years = deduct (-) 2 days
August 4,1987 + 10 years = August 4,1997
4-2 days (due to leap year) = 2
Final answer: August 2, 1997
COUNTING OF PERIODS IN PRACTICE OF LAW
When you file a complaint in court, the defendant will be
required to file his answer within 15 days from the date of the
receipts of the summons.
On Aug.10,2018 (date of receive of the summons by the
defendant), where defendant required to file his answer
within 15 days from receipt. If you are the defendant, when
you receive the summons of the copy of the complaint, then
you will now have to check “when is the answer due” if it is
due within 15 days?
ANS: August 10 +15 days = August 25, 2018
(Exclude the 1st day and include the last day )
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“SET A GOAL. ENDURE THE PAIN. NEVER GIVE UP. BELIEVE.”
What if you are required to file your memorandum “Within 90
days” from receive (August 10,2018), when it is due?
 August = 31 days
 September = 30 days
 October = 31 days
 November= 30 days
Note: Exclude the 1st day and include the last day.
November 8,
Art. 14 Penal laws and those of public security and
safety shall be obligatory upon all who live or sojourn in
Philippine territory, subject to the principles of public
international law and to treaty stipulations.
Art. 15 Laws relating to family rights and duties, or to
status, condition and legal capacity of persons are
binding upon citizens of the Philippines, even though
living abroad.
Art. 16 Real property as well as personal property is
subject to the law of the country where it is situated.
However, intestate and testamentary successions, both
with respect to the order of succession and to the
amount of successional rights and to the intrinsic
validity of testamentary provisions, shall be regulated
by the national law of the person whose succession is
under consideration, whatever may be the nature of the
property and regardless of the country wherein said
property may be found.
Art. 17 – The forms and solemnities of contracts, wills,
and other public instruments shall be governed by the
laws of the country in which they are executed.
When the acts referred to are executed before the
diplomatic or consular officials of the Republic of the
Philippines in a foreign country, the solemnities
established by Philippine laws shall be observed in their
execution.
Prohibitive laws concerning persons, their acts or
property, and those which have for their object public
order, public policy and good customs shall not be
rendered ineffective by laws or judgments promulgated,
or by determinations or conventions agreed upon in a
foreign country.
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
Art. 18 In matters which are governed by the Code of
Commerce and special laws, their deficiency shall be
supplied by the provisions of this Code
Art. 19 Every person must, in the exercise of his rights
and in the performance of his duties, act with justice,
give everyone his due, and observe honesty and good
faith.
Art. 20 Every person who, contrary to law, willfully or
negligently causes damage to another, shall indemnify
the latter for the same.
Art. 21 Any person who willfully causes loss or injury to
another in a manner that is contrary to morals, good
customs or public policy shall compensate the latter for
the damages.
Art. 22 Every person who through an act or performance
by another, or any other means, acquires or comes into
possession of something at the expense of the latter
without just or legal ground, shall return the same to
him.
Art. 23 Even when an act or event causing damage to
another’s property was not due to the fault or
negligence of the defendant, the latter shall be liable for
indemnity if through the act or event he was benefited.
Art. 24 In all contractual, property or other relations,
when one of the parties is at a disadvantage on account
of his moral dependence, ignorance, indigence, mental
weakness, tender age or other handicap, the courts
must be vigilant for his protection.
Art. 25 Thoughtless extravagance in expenses for
pleasure or display during acute public want or
emergency may be stopped by order of the courts at the
instance of any government or private charitable
institution.
Art. 26 – Every person shall respect the dignity,
personality, privacy and peace of mind of his neighbors
and other persons. The following and similar acts,
though they may not constitute a criminal offense, shall
produce a cause of action for damages, prevention and
other relief:
(1.) Prying into the privacy of another’s residence; (2.)
Meddling with or disturbing the private life or family
relations of another; (3.) Intriguing to cause another to
be alienated from his friends; (4.) Vexing or humiliating
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another on account of his religious beliefs, lowly station
in life, place of birth, physical defects, or other personal
condition.
HING VS CHOA-CHUY
 Art. 26 par.1
The right to privacy under Art. 26 par.1 covers the
business offices where the public are excluded
therefrom and only certain individuals are allowed.
 The installation of these cameras, however
violates the right of the establishment owner of
the business.
RCPI VS VERCHEZ
 Art. 26 par 2
A telegram-company was negligent in failing to send the
telegram on time and in not immediately informing the
family of the reason for the delay, thereby causing filial
disturbance on the part of the family as they blamed each
other for failing to respond immediately to emergency
involving their mother.
 SC awarded damages on basis of Art 26 par 2
considering that the act/omission of the
telegram company disturbed the peace of the
mind of the family.
Art. 27 – Any person suffering material or moral loss
because a public servant or employee refuses or
neglects, without just cause, to perform his official duty
may file an action for damages and other relief against
the latter, without prejudice to any disciplinary
administrative action that may be taken.
Art. 28 – Unfair competition in agricultural, commercial
or industrial enterprises or in labor through the use of
force, intimidation, deceit, machination or any other
unjust, oppressive or high-handed method shall give rise
to a right of action by the person who thereby suffers
damages.
Art. 29 - When the accused in a criminal prosecution is
acquitted on the ground that his guilt has not been
proved beyond reasonable doubt, a civil action for
damages for the same act or omission may be instituted.
Such action requires only a preponderance of evidence.
Upon motion of the defendant, the court may
require the plaintiff to file a bond to answer for damages
in case the complaint should be found to be malicious.
If in a criminal case the judgment of acquittal is based
upon reasonable doubt, the court shall so declare. In the
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
absence of any declaration to that effect, it may be
inferred from the text of the decision whether or not the
acquittal is due to that ground.
DEPENDENT CIVIL ACTION
 Art 29,30, 35
 THIS CIVIL ACTION CANNOT BE TRIED SEPARATELY OR
INDEPENDENTLY FROM A CRIMINAL CASE.
WILL THE ACQUITTAL OF THE ACCUSED IN CRIMINAL LIABILITY
MEAN EXTINCTION OF CIVIL LIABILITY?
 “The extinction of the penal action does not carry with
it the extinction of the civil action.
EXCEPTION:
 GUILT HAS NOT BEEN PROVED BEYOND REASONABLE
DOUBT .
 THE ACCUSED IS NOT THE AUTHOR OF THE CRIME
 THE CRIME COMPLAINED OF DID NOT EXIST
 The offended party is allowed to file the civil action.
 The Court shall so declare that the acquittal is based on
reasonable doubt.”
WHAT IF THERE’S NO COURT DECLARATION?
 It may be inferred from the text of the decision whether
or not the acquittal is due on that ground.
PROOF BEYOND REASONABLE DOUBT
 Superior weight of evidence
 Degree of proof which forms an abiding moral certainty
that the accused committed the crime charged.
 It is not absolute certainty.
Art. 30 – When a separate civil action is brought to
demand civil liability arising from a criminal offense, and
no criminal proceedings are instituted during the
pendency of the civil action, a preponderance of
evidence shall likewise be sufficient to prove the act
complained of.
MAY THE COURT RENDER A JUDGEMENT ON THE CIVIL
LIABILITY OF THE ACCUSED IN THE SAME CRIMINAL CASE
WHERE HE WAS ACQUITTED ON REASONABLE DOUBT?
 YES. ART.30 speaks of civil actions which are impliedly
instituted in the criminal action unless the offended
party expressly reserves his right to institute it properly.
However, the action will be suspended in the meantime
if the criminal case is filed. (RULE 111,sec 2)
RULE 111, SEC 2
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 If the criminal action had already instituted, no civil
action arising frim the offense could be prosecuted
until final judgement has been rendered.
EXCEPTION:
1. The offended party waives the civil action
2. The offended party reserves his right to institute it
separately
3. The offended party institutes the civil action prior to the
criminal action.
Art. 31 – When the civil action is based on an obligation
not arising from the act or omission complained of as a
felony, such civil action may proceed independently of
the criminal proceedings and regardless of the result of
the latter.
 INDEPENDENT CIVIL ACTION
 Considered as one of the articles on independent civil
action when it ought not to include there as the civil
action mentioned in said article is not one that arises
out of the crime committed.
Examples:
RECKLESS IMPRUDENCE RESULTING TO HOMICIDE
 The heirs of the victim are not bar to file a civil action
against the operator of the bus because the civil action
is not based on criminal action against the driver but on
the liability of the operator based on contract. (Nicasio
Bernaldes, Sr. et.al. v Bohol Land Trans. Inc. )
 CULPA AQUILIANA (QUASI-DELICT)
 CIVIL ACTION FOR RECOVERY OF GOVERNMENT
FUNDS
Art. 32 – Any public officer or employee, or any private
individual, who directly or indirectly obstructs, defeats,
violates or in any manner impedes or impairs any of the
following rights and liberties of another person shall be
liable to the latter for damages:
(1.) Freedom of religion;
(2.) Freedom of speech;
(3.) Freedom to write for the press or to maintain a
periodical publication;
(4.) Freedom from arbitrary or illegal detention;
(5.) Freedom of suffrage;
(6.) The right against deprivation of property without
due process of law;
(7.) The right to a just compensation when private
property is taken for public use;
(8.) The right to the equal protection of the laws;
(9.) The right to be secure in one’s person, house, paper,
and effects against unreasonable searches and seizures;
(10.) The liberty of abode and of changing the same;
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
(11.) The privacy of communication and
correspondence;
(12.) The right to become a member of associations or
societies for purposes not contrary to law;
(13.) The right to take part in a peaceable assembly to
petition the government for redress or grievances;
(14.) The right to be free from involuntary servitude in
any form;
(15.) The right of the accused against excessive bail;
(16.) The right of the accused to be heard by himself and
counsel, to be informed of the nature and the cause of
the accusation against him, to have a speedy and public
trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witness
in his behalf;
(17.) Freedom from being compelled to be a witness
against one’s self, or from being forced to confess guilt,
or from being induced by a promise of immunity or
reward to make such confession except when the
person confessing becomes a state witness;
(18.) Freedom from excessive fines, or cruel and unusual
punishment, unless the same is imposed or inflected in
accordance with a statute which has not been judicially
declared unconstitutional; and
(19.) Freedom of access to the courts.
In any cases referred to in this Article, whether or
not the defendant’s act or omission constitutes a
criminal offense, the aggrieved party has the right to
commence an entirely separate and distinct civil action
for damages, and for other relief. Such civil action shall
proceed independently of any criminal prosecution (if
the latter be instituted), and may be proved by a
preponderance of evidence.
The indemnity shall include moral damages.
Exemplary damages may also be adjudicated.
The responsibility herein set forth is not
demandable from a judge unless his act or omission
constitutes a violation of the Penal Code or other
statute.
 INDEPENDENT CIVIL ACTION
 VIOLATION OF CONSTITUTIONAL RIGHTS
 GOOD FAITH is NOT a SELF-DEFENSE.
Art. 33 – In cases of defamation, fraud, and physical
injuries, a civil action for damages, entirely separate and
distinct from the criminal action, may be brought by the
injured party. Such civil action shall proceed
independently of the criminal prosecution, and shall
require only a preponderance of evidence.
 INDEPENDENT CIVIL ACTION
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 DEFAMATION, FRAUD, PHYSICAL INJURIES
DEFAMATION
 Libel
FRAUD
 Estafa
 Malversation
PHYSICAL INJURIES
Art. 34 – When a member of a city or municipal police
force refuses or fails to render aid or protection to any
person in case of danger to life or property, such peace
officer shall be primarily liable for damages, and the city
or municipality shall be subsidiarily responsible
therefore. The civil action herein recognized shall be
independent of any criminal proceedings, and a
preponderance of evidence shall suffice to support such
action.
 INDEPENDENT CIVIL ACTION
 Damage suffered by the offended party by reason of
refusal or failure of the policeman to render aid or
protection to him in case of danger to his life or
property.
 PRIMARY LIABLE = Peace officer
 SUBSIDIARY LIABLE = City/ Municipality
INDEPENDENT CIVIL ACTION
 Art 31,32,33,34
 YOU CAN FILE A DIFFERENT OR SEPARATE
PROSECUTION CASE FOR THE CRIME CHARGED.
 The independent civil action can be filed
simultaneously with the criminal case and it can
proceed independently without regards to the result
of the latter.
WHEN CAN AN INDEPENDENT CIVIL ACTION MAY PROSPER?
 Applicable to the following:
a.) Violation of Constitutional Rights (Art 32)
b.) Defamation, Fraud, Physical Injuries (Art 33)
c.) Failure of Policeman to aid protection to any person in
case of danger to his life or property (ART.34)
Art. 35 - When a person claiming to be injured by a
criminal offense, charges another with the same, for
which no independent civil action is granted in this
Code or any special law, but the justice of the peace
finds no reasonable grounds to believe that a crime has
been committed, or the prosecuting attorney refuses or
fails to institute criminal proceedings, the complainant
may bring a civil action for damages against the alleged
offender. Such civil action may be supported by a
preponderance of evidence. Upon the defendant’s
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
motion, the court may require the plaintiff to file a bond
to indemnify the defendant in case the complaint be
found to be malicious.
If during the pendency of the civil action an
information should be presented by the prosecuting
attorney, the civil action shall be suspended until the
termination of the criminal proceedings.
DEPENDENT CIVIL ACTION
 Art 29,30, 35
 THIS CIVIL ACTION CANNOT BE TRIED SEPARATELY OR
INDEPENDENTLY FROM A CRIMINAL CASE.
 A Person has the option whether to file a CIVIL ACTION
or CRIMINAL ACTION against the offender, but NEVER
BOTH!
 If criminal action is filed, civil action will be suspended
because it is not an independent civil action.
EXCEPTION:
 The offended party is allowed to file the civil action if
the ACCUSED IS ACQUITTED on the ground that his
GUILT HAS NOT BEEN PROVED BEYOND REASONABLE
DOUBT .
 The Court shall so declare that the acquittal is based on
reasonable doubt.
CIVIL CASE
 Mere preponderance of evidence
CRIMINAL CASE
 Proof of GUILT BEYOND REASONABLE DOUBT
CRIMINAL CASE FILE BY OFFENDED PARTY WHERE NO
INDEPENDENT ACTION MAY BE FILED AND PROS. ATTY.
REFUSE TO FILE IN COURT
 The complainant may bring a civil action for damages
against the alleged offender and mere preponderance
of evidence is required to win the civil case.
Art. 36 – Prejudicial questions, which must be decided
before any criminal prosecution may be instituted or
may proceed, shall be governed by the rules of court
which the Supreme Court shall promulgate and which
shall not be in conflict with the provisions of this Code.
WHAT IS A PREJUDICIAL QUESTION?
Elements:
1. The civil action involves an issue similar or intimately
related to the issue raised on the criminal action
2. The resolution of such issue determines whether or not
the criminal action may proceed.
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JURIDICAL CAPACITY
Art. 37 – Juridical capacity, which is the fitness to be the
subject of legal relations is inherent in every natural
persons and is lost only through death. Capacity to act,
which is the power to do acts with legal effect, is
acquired and may be lost.
Art. 38 – Minority, insanity or imbecility, the state of
being a deaf mute, prodigality and civil interdiction are
mere restrictions on the capacity to act, and do not
exempt the incapacitated person from certain
obligations, as when the latter arise from his acts or
from property relations, such as easements.
Art. 39 – The following circumstances, among others,
modify or limit capacity to act: age, insanity, imbecility,
the state of being a deafmute, penalty, prodigality,
family relations, alienage, absence, insolvency and
trusteeship. The consequences of these circumstances
are governed in this Code, other codes, the Rules of
Court, and in special laws. Capacity to act is not limited
on account of religious belief or political opinion.
A married woman, twenty one years of age or over, is
qualified for all acts of civil life, except in cases specified
by law.
Art. 40 - Birth determines personality, but the conceived
child shall be considered born for all purposes that are
favourable to it, provided it be born later with the
conditions specified in the following article.
Art. 41 – For civil purposes, the foetus is considered born if
it is alive at the time it is completely delivered from the
mother’s womb. However, if the foetus had an intra-uterine
life of less than seven months, it is not deemed born if it dies
within twenty-four hours after its complete delivery from
the maternal womb.
Art. 42 – Civil personality is extinguished by death. The
effect of death upon the rights and obligations of the
deceased is determined by law, by contract and by will.
Art. 43 – If there is doubt, as between two or more persons
who are called to succeed each other, as to which of them
died first, whoever alleges the death of one prior to the
other, shall prove the same; in the absence of proof, it is
presumed that they died at the same time and there shall
be no transmission of rights from one to the other
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)

Art. 44 – The following are juridical persons;

1.) The state and its political subdivision
2.) Other corporations, institutions and entities for public
interest or purpose, created by law; their personality begins
as soon as they have been constituted according to law;
3.) Corporations, partnership and associations for private
interest or purpose to which the law grants a juridical
personality, separate and distinct from that of each
shareholder, partner or member

Art. 45 – Juridical persons mentioned in Nos. 1 and 2 of the

preceeding Article are governed by the laws creating or
recognizing them.
Private corporations are regulated by laws of general
application on the subject;
Partnerships and associations for private interest or
purpose are governed by the provisions of this Code
concerning partnerships.

Art. 46 – Juridical persons may acquire and possess property

of all kinds, as well as incur obligations and bring civil or
criminal actions, in conformity with the laws and regulations
of their organization.

Art. 48 – The following are citizens of the Philippines:

1.) Those who were citizens of the Philippines at the time of
the adoption of the Constitution of the Philippines.
2.) Those born in the Philippines of foreign parents who,
before the adoption of said constitution, had been elected
to public office in the Philippines.
3.) Those whose fathers are citizens of the Philippines;
4.) Those whose mothers are citizens of the Philippines and,
upon reaching the age of majority, elect Philippine
citizenship;
5.) Those who are naturalized in accordance with law.

Art. 49 – Naturalization and the loss and reacquisition of

citizenship of the Philippines are governed by special laws.

Art. 50 – For the exercise of civil rights and the fulfilment of

civil obligations, the domicile of natural persons is the place
of their habitual residence.

Art. 51 – When the law creating or recognizing them, or any

other provision does not fix the domicile of juridical persons,
the same shall be understood to be the place where their
legal representation is established or where they exercise
their principal functions.

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Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)

FAMILY CODE Saclolo vs CAR

By the contract of marriage, a man and a woman enter a
Art.1 Marriage is a special contract of permanent union joint life acting, living and working as one.
between a man and a woman entered into an accordance Philippine Telegraph and Telephone Company v NLRC
with the law for the establishment of a conjugal and family Marriage as a special contract cannot be restricted by
life. It is the foundation of the family life. It is the foundation discriminatory policies of private individuals or corporations.
of the family and an inviolable social institution whose Zulueta vs Court of Appeals
nature, consequences, and incidents are governed by law Marriage does not shed a spouse’s integrity and the right to
and not subject to stipulation, except the marriage privacy. The intimacies between husband and wife do not
settlements may fix the property relations during the justify any one of them in breaking the drawers and cabinets
marriage within the limits provided by this code. of the other and in ransacking them for any telltale evidence
of marital infidelity. Any evidence obtained therefrom is
 Special contract of PERMANENT UNION between a inadmissible in evidence.
Duncan vs Glaxo
man and woman.
an employment contract requiring an employee to disclose
 It is more than a mere contract.
to management any existing or future relationship by
 State is a party of the contract that’s why they cannot consanguinity or affinity with co-employees or employees of
terminate the marriage by themselves (via fiscal or competing drug companies and requiring such employee to
Solicitor General) resign should management find that such relationship poses
 It is a relation between parties that when created a possible conflict of interest was not held to be in violation
cannot be changed. of the equal protection clause of the constitution considering
 The relation once formed, the LAW steps in and holds that the said stipulation is reasonable under the
the parties to various obligations … circumstances because such relationship might compromise
 “permanent union of man and woman” – always male the interest of the company and the requirement was shown
and female because the purpose of marriage is to be aimed against the possibility that a competitor
PROCREATION. company will gain access to its secrets and procedures.
Star Corporation vs Simbol
 Inviolable social institution – affects not only the man
where a company policy provided that, in case two of their
and woman, but also the society.
employees decide to get married to each other , one of
MARRIAGE ORDINARY CONTERACT them should resign from the company, the Supreme Court
Both contract AND a social Merely a contract. held that the act of the company in enforcing such policy is
institution illegal as it failed to prove a legitimate business concern in
Generally, stipulations are imposing the questioned policy especially so when the
fixed by law – not by the Stipulations are generally asserted policy is premised on the mere fear that employees
parties (EXCEPTION: fixed by the parties. married to each other will be less efficient.
marriage and settlement Tuason vs CA
provisions or properties) Private respondent Maria Victoria Tuason was married to
Can be dissolved only by Can be ended by mutual petitioner Emilio Tuason on June 3, 1972 and had two
death or annulment, not by agreement and by other legal children. However, at the time of the marriage, Emilio
mutual agreement causes. manifested psychological incapacity to comply with
his marital obligations. On oral motion of private respondent,
PROHIBITED IN OUR COUNTRY IN PROMOTING MARRIAGE: the court declared petitioner to have waived his right to
1. Mail Order Bride – RA 6955 present evidence and deemed the case submitted for
2. Trafficking decision on the basis of the evidence presented.

Marriage between a rapist and raped victim In the case at bar, the decision annulling petitioner’s
– extinguishes criminal action upon agreement of the victim marriage to private respondent had already become final and
to marry/ forgiveness by the husband to the accused. executory when petitioner failed to appeal during the
reglementary period.

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Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
Art. 2 No marriage shall be valid, unless these essential
requisites are present:
1. Legal capacity of the contracting parties who must
be a male and a female; and
2. Consent freely given in the presence of solemnizing
officer.
1. Legal capacity - same sex marriage (VOID)
 ‘The law says ‘who must be male and female?”
 Age (below 18 =VOID)
2. Consent freely given
 It refers to the consent of the man and woman
(Contracting parties) NOT THE PARENTS
ABSENCE OF ONE REQUIREMENT: MARRIAGE IS VOID
 Relationship of the parties can be possibly void due to
art. 37 (Incestuous marriages) and art 38 (public policy)
 Intersex –see Republic vs Cagandahan
Marriage by proxy
 VOID
 Due to absence if the essential requisite of consent
freely given made in the presence of a solemnizing
officer.
Silverio vs Republic
where the petitioner who had a biological sex change
from male to female through sex-reassignment-
surgery and where he sought the amendment of his
birth certificate to reflect the change in sex as a
preliminary step to get married to his partner, the
Supreme Court rejected the said petition and ruled that
the sex determined by visually looking at the genitals
of a baby at the time of birth is immutable and that
there is no law legally recognizing sex reassignment.
Republic vs Cagandahan
where the respondent was found out to have
Congenital Adrenal Hyperplasia (CAH) which is a
condition where the person afflicted has both male and
female characteristics and organs and where, through
expert evidence, it was shown that the respondent,
though genetically a female, secreted male hormones
and not female hormones, had no breast, and did not
have any monthly menstrual period and where the
respondent, in his mind and emotion, felt like a male
person and did not want to have surgery, the Supreme
Court considered the person as an “intersex
individual” and granted the preference of the person
to be considered as a male person, thereby allowing
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the amendment of the birth certificate of the person
from female to male.
Republic of the Philippines vs Albios
Issue: Is a marriage, contracted the sole purpose of
acquiring American citizenship in consideration of
$2,000, void ab initio on the ground of lack of consent?
 She claimed that her marriage is void due to
lack of consent
 Consent must be freely given: Freely consent
connotes that contracting parties willingly and
deliberately entered into marriage.
HELD: The court resolves in the negative
 Art. 2 : For consent to be valid, it must be
1.) freely given
2.) made in the presence of a solemnizing officer.
“A freely given consent” requires that the contracting
parties willingly and deliberately enter into the
marriage. Consent must be real in the sense that it is
not vitiated nor rendered defective by any of the vices
of consent.
CA: MARRIAGE is a JEST- pretended marriage, legal in
form but entered into as a joke.
SC: The respondent’s marriage is not at all analogous
to a marriage in jest. Albios and Fringer had an
undeniable intention to be bound in order to create the
very bond necessary to allow the respondent to
acquire American citizenship. “Love, though the ideal
consideration in a marriage contract, is not the only
valid cause for marriage. Other considerations, not
precluded by law, may validly support a marriage.”
 Albios already misused a judicial institution to
enter into a marriage of conveniece; should
not be allowed to gain abuse it to herself out
of inconvenience situation.
Art. 3 The formal requisites of a marriage are:
1. Authority of the solemnizing officer;
2. A valid marriage license except in the cases
provided for in Chapter 2 of this Title, and
3. A marriage ceremony which takes place with
the appearance of the contracting parties
before the solemnizing officer and their
personal declaration that they take each
other as husband and wife in the presence of
not less than two witnesses of legal age.
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
 No need for flower girl and too many visitors
 ABSENCE OF ONE REQ: MARRIAGE IS VOID/VALID
Shotgun marriage
 DEFECT: VOIDABLE
 IRREGULARITY: Valid marriage but person responsible
is administrative liable.
Who can solemnize a marriage?
 Art. 7
 Solemnizing officer: given by the State’s consent to
solemnize marriage; thus, he is affected by public
interest that criminal penalties are even imposable
against a person who solemnize a marriage
without authority.
 Exception: Relate to art. 35 par 2 “enumeration of
void marriages”
VALID MARRIAGE LICENSE
 Must be issued by the Local Civil Registrar of the place
where the marriage application was filed.
 Marriage license (Lifetime): 120 days from the date of
issue
 Date of issue: date of signing the marriage license by
the local civil registrar.
 Upon expiration of marriage license, it is automatically
cancelled.
Marriage license issued in a place wherein the contracting
parties do not reside & a marriage is performed
 VALID
Marriage license with wrong spelling of your name
 VALID
Marriage license issued upon false representation
(Eg. Age -18-21)
 VOIDABLE (valid until annulled) - Art 45
Marriage license issued upon false representation below 18
 VOID
 Absence of Legal Capacity
Marriage solemnized without a marriage license (Below 18)
 VOID
 Absence of Legal capacity to marry
Failure of Solemnizing officer in asking both of the contracting
parties whether they take each other as husband and wife
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 VALID
 It cannot be regarded as a fatal omission and cause for
annulment, it being sufficient that they declared in and
signed the marriage contract that they were taking
each other as husband and wife.
Failure to sign marriage certificate or absence of marriage
certificate (Madridejo vs De Leon)
 VALID
 Marriage certificate itself is not an essential or formal
requisite in a marriage.
COMMON- LAW MARRRIAGES NOT RECOGNIZED IN THE
PHILIPPINES
 non-ceremonial or informal marriage by
agreement/live-in
VALID MARRIAGES WITHOUT MARRIAGE LICENSE
 Marriage in a far and remote place
 Marriage Among Muslims and other ethnic cultural
communities.
 Marriage of couples without any impediment to get
married living together as husband and wife for at least
five years.
 Marriage solemnized by a person without authority to
solemnize a marriage provided that either one of the
parties believed in good faith that such solemnizing
officer had the proper authority.
 Marriage in Articulo Mortis (at the point of death)
What if the dying person miraculously survived? Would they
be required to get married again?
- No. ART 27 – MARRIAGE IS STILL VALID
MARRIAGE CEREMONY
 appearance of the contracting parties before the
solemnizing officer
 personal declaration that they take each other as
husband and wife
 not less than two witnesses of legal age
3rd par: Where in the law does it state that you should have a
grand entourage when the requirements are only few?
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
Art. 4 The absence of any essential or formal requisites shall
render the marriage void ab initio, except as stated in Article
35(2).
A defect in any of the essential requisites shall render
the marriage voidable as provided in Article 45.
An irregularity in the formal requisites shall not affect
the validity of the marriage but the party or parties
responsible for the irregularity shall be civilly, criminally and
administratively liable.
 Absence of Formal Requisite - VOID
 Defect in essential requisite – VOIDABLE only not VOID!
Article 5. Any male or female of the age of eighteen years or
upwards not under any of the impediments mentioned in
Articles 37 and 38, may contract marriage. (54a)
Article 6. No prescribed form or religious rite for the
solemnization of the marriage is required. It shall be
necessary, however, for the contracting parties to appear
personally before the solemnizing officer and declare in the
presence of not less than two witnesses of legal age that
they take each other as husband and wife. This declaration
shall be contained in the marriage certificate which shall be
signed by the contracting parties and their witnesses and
attested by the solemnizing officer.
In case of a marriage in articulo mortis, when the
party at the point of death is unable to sign the marriage
certificate, it shall be sufficient for one of the witnesses to
the marriage to write the name of said party, which fact
shall be attested by the solemnizing officer. (55a)
 No prescribed form is required but only solemnization
that they declare each other as husband and wife.
PLEASE MEMORIZE ME!
The following are merely considered as irregularities which do
not affect the validity of the marriage (Art 45 & 46 FC):
a.) Marriage solemnized in a place other than in the church or
in the chamber of the judge;
b.) Absence of two witnesses who are of legal age;
c.) Issuance of a license in a place where neither of the parties
reside (Alcantara vs. Alcantara, G.R. No. 167776, Aug. 28, 2007);
d.) Absence of a marriage contract.
e.) Issuance of license despite failure of the party to present
parental consent or parental advice when required;
f.) Issuance of license despite absence of posting of notice and
publication;
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g.) Failure to undergo marriage counselling;
h.) Failure to pay the required fee for marriage license.
i.) failure of the contracting parties to present original birth
certificate or baptismal certificate to the local civil registrar who
likewise failed to ask for the same;
j.) issuance of marriage license despite absence of publication
or prior to the completion of the 10-day period for publication
(Alcantara v. Alcantara, G.R. No. 167746, August 28, 2007, 531
SCRA 446);
k.) failure of the person solemnizing the marriage to send copies
of the marriage certificate to the local civil registrar (Madridejos
v. De Leon, 55 Phil. 1);
l.) failure of the local civil registrar to enter the applications for
marriage licenses filed with him in the registry book in the order
in which they were received.
Cosca v Palaypayon
A judge who solemnized a marriage involving a party who was
18 years of age without a marriage license on the basis that
they lived together as husband and wife for 6 years. He did
not sign and date the marriage contract, did not furnish the
parties, and did not forward the marriage contract to the local
civil registrar, may be held administratively liable.
Aranes vs Occiano
The license issued after the celebration of the marriage does
not cure the invalidity of the marriage.
Geronimo vs CA
The law requires that there must first be a license before the
celebration of the marriage.
People vs Lara
A marriage which preceded the issuance of the marriage
license is void, and that the subsequent issuance of such
license cannot render valid or even add an iota of validity to
the marriage
Alcantara vs Alcantara
Issuance of a marriage license in a city or municipality, not the
residence of either of the contracting parties, and the
issuance of a marriage license despite the absence of
publication or prior to the completion of the 10-day period for
publication are considered mere irregularities that do not
affect the validity of the marriage.
Sevilla vs Cardenas
A certification issued by the Local Civil Registrar that no
marriage license was issued by his Office must be clear and
unequivocal. The certification must categorically state that
the document does not exist in his office or the particular
entry could not be found in the registry despite diligent
search. The presumption of regularity in the performance of
official act may be rebutted by affirmative evidence of
irregularity as in this case where an employee of the Local Civil
Registrar testified that the book which may have contained
the subject marriage license could no longer be found in their
office and the person in-charge thereof has already retire
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
Morigo vs People
Absence of marriage ceremony renders the marriage void.
Thus, a marriage without a ceremony as the parties were just
made to sign the marriage contract by the solemnizing officer
because the latter was in a hurry for another appointment
makes the marriage void.
Art. 7 Marriage may be solemnized by:
1.) Any incumbent member of the judiciary within the
court’s jurisdiction;
2.) Any priest, rabbi, imam, or minister of any church or
religious sect duly authorized by his church or religious sect
and registered with the civil registrar general, acting within
the limits of the written authority granted him by his church
or religious sect and provided that at least one of the
contracting parties belongs to the solemnizing officer’s
church or religious sect;
3.) Any ship captain or airplane chief only in cases
mentioned in Article 31;
4.) Any military commander of a unit to which a chaplain is
assigned, in the absence of the latter, during a military
operation, likewise only in the cases mentioned in Article
32; or
5.) Any consul-general, consul or vice-consul in the case
provided in Article 10.
A judge who solemnize a marriage without having shown a
marriage license because the parties really have a marriage
license, but they forgot to bring it
 VALID (Only an irregularity)
A judge who solemnize a marriage to the parties that does not
have a marriage license, but he required them to apply and
procure a marriage license after the marriage ceremony
 VOID
Marriage solemnized by a judge beyond his jurisdiction
 VOID
 EXCEPTION: Either of the parties believe in Good faith
that such solemnizing officer has authority to conduct.
Does a mayor have the authority to solemnize a marriage?
 Family code: Not stated.
 Local Government Code: YES, mayor is allowed to
conduct marriage.
In case a mayor is temporarily incapacitated to perform his
duties
 VICE MAYOR (AS ACTING MAYOR) can solemnize
marriage
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Navarro vs Dumagtoy
A marriage solemnized by a Judge outside his territorial
jurisdiction is a mere irregularity in the formal requisite under
Article 3, which, while it may not affect the validity of the
marriage, may subject the Judge to administrative liability
For a priest, rabbi, imam, or minister of any church or
religious sect to be able to validly solemnize a marriage, the
following four essential requisites must concur, HE/SHE:
1. Must be duly authorized by his or her church or
religious sect.
2. Must act within the limits of the written authority
granted to him or her by the church or religious sect
3. Must be registered with the civil registrar general
4. At least one of the contracting parties whose
marriage he or she is to solemnize belongs to his or
her church religious sect.
CONSUL-GENERAL, CONSUL, OR VICE CONSUL
 Can solemnize marriage abroad only when the
contracting parties are both Filipinos.
 They also perform the duties of the local civil registrar,
such as the issuance of marriage license.
 No authority to solemnize a marriage within the
territory of the Philippines (ABROAD ONLY!)
MARRIAGE BETWEEN A FOREIGNER AND FILIPINO ABROAD
SOLEMNIZED BY A PHILIPPINE CONSUL
 VOID AB INITIO
 Reason: Authority to solemnize marriage by Philippines
Consul is limited only for Filipinos.
 EXCEPTION: If it is recognized as valid in the host
country, then such marriage shall be considered valid in
the Philippines.
MARRIAGE SOLEMNIZED BY A PERSON NOT LEGALLY
AUTHORIZED TO SOLEMNIZE A MARRIAGE
 VOID
 EXCEPTION: Either of the contracting parties believed in
good faith that such solemnizing officer has authority
(VALID)
Article 8. The marriage shall be solemnized publicly in the
chambers of the judge or in open court, in the church, chapel
or temple, or in the office of the consul-general, consul or
vice-consul, as the case may be, and not elsewhere, except
in the cases of marriages contracted at the point of death or
in remote places in accordance with Article 29 of this Code,
or where both of the parties request the solemnizing officer
in writing in which case the marriage may be solemnized at
a house or place designated by them in a sworn statement
to that effect. (57a)
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
VENUE
 not mandatory but directory in nature.
 Directory: Failure to comply does not invalidate
marriage.
IS IT POSSIBLE TO HAVE MARRIAGE SOLEMNIZED SOMEWHERE
ELSE ASIDE FROM COURT, CHURCH, AS STATED IN ART.8 OF
FC?
 Yes, where both of the parties request the solemnizing
officer in writing in which case the marriage may be
solemnized at a house or place designated by them in a
sworn statement to that effect.
Eg. Destination wedding?
A marriage solemnized by the Judge outside the courtroom or
his chamber, or by a Priest outside the church (Eg, beach
wedding)
 VALID.
 However, the solemnizer can be held liable for
solemnizing it outside the venue stated by law.
 Two instances where the marriage may be solemnized
validly outside the venue stated in this Article, and these
are:
(1.) When one of the parties is at the point of death
(2.) When both of the parties request the solemnizing
officer in writing to solemnize it elsewhere.
A marriage solemnized by a Judge outside his territorial
jurisdiction
 MTC, RTC, METC= Marrriage is void (One authority says
it is an absence of formal requisite according to atty)
 VALID (Based on Sta. Maria Book- Domagtoy case)
 It is merely considered an irregularity in one of the
formal requisites of marriage.
 The judge who solemnized the marriage may be held
administratively liable as ruled by the Supreme Court.
(Navarro vs. Domagtoy)
Art.9 A marriage license shall be issued by the local civil
registrar of the city or municipality where either contracting
party habitually resides, except in marriages where no
license is required in accordance with Chapter 2 of this Title.
(58a)
Art. 10 Marriages between Filipino citizens abroad may be
solemnized by a consul-general, consul or vice-consul of the
Republic of the Philippines. The issuance of the marriage
license and the duties of the local civil registrar and of the
solemnizing officer with regard to the celebration of
marriage shall be performed by said consular official. (75a)
Article 11. Where a marriage license is required, each of the
contracting parties shall file separately a sworn application
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for such license with the proper local civil registrar which
shall specify the following:
1) Full name of the contracting parties;
2) Place of birth;
3) Age and date of birth;
4) Civil status;
5) If previously married, how, when and where the previous
marriage was dissolved or annulled;
6) Present residence and citizenship;
7) Degree of relationship of the contracting parties;
8) Full name, residence and citizenship of the father;
9) Full name, residence and citizenship of the mother; and
10) Full name, residence and citizenship of the guardian or
person having charge, in case the contracting parties has
neither father nor mother and is under the age of twenty-
one years.
The applicants, their parents or guardians shall
not be required to exhibit their residence certificate in any
formality in connection with the securing of the marriage
license. (59a)
 Before the parties can contract marriage, they must first
secure a marriage license from the Local Civil Registrar
of the place where either of them resides.
 marriage license - serves as the authority given by the
state to the parties to enter into the contract of
marriage
A marriage license issued by the Local Civil Registrar of the
place where neither of the parties is a resident
 VALID (Merely an irregularity in formal requisites)
When both parties to the marriage are Filipinos and they want
the marriage to be solemnized by the Philippine Consul
 they must secure first the required marriage license
from the Consul himself.
MARRIAGE APPLICATION
 A marriage application can be obtained by anybody.
 If the local civil registrar has knowledge of some legal
impediment, he or she cannot discontinue processing
the application.
 He must only note down the legal impediments in the
application and thereafter issue the marriage license
unless otherwise stopped by the court.
Art. 12 The local civil registrar, upon receiving such
application, shall require the presentation of the original
birth certificates or, in default thereof, the baptismal
certificates of the contracting parties or copies of such
document duly attested by the persons having custody of
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
the original. These certificates or certified copies of the
documents required by this article need not be sworn to and
shall be exempt from the documentary stamp tax. The
signature and official title of the person issuing the
certificate shall be sufficient proof of its authenticity.
If either of the contracting parties is unable to
produce his birth or baptismal certificate or a certified copy
of either because of the destruction or loss of the original,
or if it is shown by an affidavit of such party or of any other
persons that such birth or baptismal certificate has not yet
been received though the same has been required of the
person having custody thereof at least fifteen days prior to
the date of the application, such party may furnish in lieu
thereof his current residence certificate or an instrument
drawn up and sworn to before the local civil registrar
concerned or any public official authorized to administer
oaths. Such instrument shall contain the sworn declaration
of two witnesses of lawful age, setting forth the full name,
residence and citizenship of such contracting party and of
his or her parents, if known, and the place and date of birth
of such party. The nearest of kin of the contracting parties
shall be preferred as witnesses, or, in their default, persons
of good reputation in the province or the locality.
The presentation of the birth or baptismal
certificate shall not be required if the parents of the
contracting parties appear personally before the local civil
registrar concerned and swear to the correctness of the
lawful age of said parties, as stated in the application, or
when the local civil registrar shall, by merely looking at the
applicants upon their personally appearing before him, be
convinced that either or both of them have the required age.
(60a)
How can legal capacity be asserted or determined?
 Determine by LCR by submission of Birth Certificate,
Baptismal certificate of the parties.
What if there is no baptismal cert or birth cert available?
 File an AFFIDAVIT Or OATH to the nearest kin to
ascertain the legal capacity of the party who wanted to
get married.
 Present a current residence certificate
What instances that LCR does not require live birth certificate
or baptismal cert?
 Looking at the face of the applicant in ascertaining her
age
 Parents personally appear in the LCR to attest the age
of the parties.
Art. 13 In case either of the contracting parties has been
previously married, the applicant shall be required to
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furnish, instead of the birth or baptismal certificate required
in the last preceding article, the death certificate of the
deceased spouse or the judicial decree of the absolute
divorce, or the judicial decree of the annulment or
declaration of the nullity of his or her previous marriage. In
case the death certificate cannot be secured, the party shall
make an affidavit setting forth this circumstance and his or
her actual status and the name and date of death of the
deceased spouse. (61a)
Art. 14 In case either or both of the contracting parties, not
having been emancipated by a previous marriage, are
between the ages of eighteen and twenty-one, they shall, in
addition to the requirements of the preceding articles,
exhibit to the local civil registrar, the consent to their
marriage of their father, mother, surviving parent or
guardian, or persons having legal charge of them, in the
order mentioned. Such consent shall be manifested in
writing by the interested party who personally appears
before the proper local civil registrar, or in the form of an
affidavit made in the presence of the two witnesses and
attested before any official authorized by the law to
administer oaths. The personal manifestation shall be
recorded in both applications for the marriage license, and
the affidavit, if one is executed instead, shall be attached to
said application. (61a)
 No emancipation by marriage.
PARENTAL CONSENT
 Contracting parties between 18 years old and above but
below 21 years of age must still obtain the consent of
the parents as this is required under the second
paragraph of Article 236 of the Family Code.
 Non-compliance with parent’s consent between 18-21
years of age (voidable)
 Preference is given to the father to give consent.
 If he cannot give consent, the mother, surviving parent
or guardian or persons having legal charge of them in
the order mentioned shall give the consent.
 parental consent is needed in relation to the
procurement of a formal requisite, namely, a valid
marriage license (Article 14)
 absence of such parental consent should only be
considered as an irregularity in a formal requirement
(Art. 4 FC)
 absence of the required parental consent makes the
marriage annullable which means that it is valid up to
the time it is judicially terminated (Art 45 FC)
MARRIAGE BELOW 18 YEARS OLD WITH PARENTAL CONSENT
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
 Void
 Lack of legal capacity
 The age of consent of the contracting parties is the age
at which persons are considered in law to be capable of
entering.
Parental consent required of parties between the ages of 18
and above but below 21
 It does not add anything to the legal capacity.
 VOIDABLE.
Art. 15 Any contracting party between the ages of twenty-
one and twenty-five shall be obliged to ask their parents or
guardian for advice upon the intended marriage. If they do
not obtain such advice, or if it be unfavorable, the marriage
license shall not be issued till after three months following
the completion of the publication of the application
therefor. A sworn statement by the contracting parties to
the effect that such advice has been sought, together with
the written advice given, if any, shall be attached to the
application for marriage license. Should the parents or
guardian refuse to give any advice this fact shall be stated in
the sworn statement. (62a)
Delay of marriage license issuance (3 months)
 Without the complied requirements such as parental
advice.
 The LCR will post a notice for a period of 10 days to
know if there are some legal impediments
3 MONTHS IS COUNTED FROM WHEN?
 Counted at the end of the 10th day period
 PURPOSE: Marriage is a special contract of permanent
union. It is a lifetime commitment and a “no-return no-
exchange” commission.
Art. 16 In the cases where parental consent or parental
advice is needed, the party or parties concerned shall, in
addition to the requirements of the preceding articles,
attach a certificate issued by a priest, imam or minister
authorized to solemnize marriage under Article 7 of this
Code or a marriage counselor duly accredited by the proper
government agency to the effect that the contracting parties
have undergone marriage counselling. Failure to attach said
certificate of marriage counselling shall suspend the
issuance of the marriage license for a period of three
months from the completion of publication of the
application. Issuance of the marriage license within the
prohibited period shall subject the issuing officer to
administrative sanctions but shall not affect the validity of
the marriage.
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Should only one of the contracting parties need
parental consent or parental advice, the other party must be
present at the counselling referred to in the preceding
paragraph. (n)
PARENTAL ADVICE
 Absence of parental advice does not affect the validity
of marriage.
MARRIAGE BET 21-25 WITHOUT PARENTAL ADVICE
 Issuance of Marriage license would be delayed (3
months) from the date of the issuance or counting of
the 10 days period of posting.
WHAT IF THEY OBTAIN A PARENTAL ADVICE BUT IT STATES “I
AM NOT IN FAVOR OF YOUR MARRIAGE WITH _”?
 Marriage license will still be issued because what the
law requires “PARENTAL ADVICE” regardless if the
parents agreed or not.
MARRIAGE COUNSELING CERTIFICATE
 One of the significant requirements required by law in
issuance of marriage license (21-25 years old)
EFFECT IF NO MARRIAGE COUNSELING CERIFICATE
 Issuance of marriage license will still be delayed for 3
months regardless if you obtain the parental advice or
parental consent required by law.
WHAT IF ONE PARTY IS 22 YO AND ANOTHER IS 50 YO, WHO IS
REQUIRED TO ATTEND THE MARRIAGE CERTIFICATE?
 Both of them!
IS MARRIAGE COUNSELING STILL REQUIRED FOR COUPLES
WHO HAVE CHILDREN?
 Yes, they are still required. Except if they are living
together as husband and wife already for almost 5
years. (Refer to Art. 34)
Art. 17 The local civil registrar shall prepare a notice which
shall contain the full names and residences of the applicants
for a marriage license and other data given in the
applications. The notice shall be posted for ten consecutive
days on a bulletin board outside the office of the local civil
registrar located in a conspicuous place within the building
and accessible to the general public. This notice shall
request all persons having knowledge of any impediment to
the marriage to advise the local civil registrar thereof. The
marriage license shall be issued after the completion of the
period of publication. (63a)
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
DUTY OF LOCAL REGISTRAR
 Immediately post a notice to inform the public of the
impending marriage.
 The notice shall be posted in the bulletin board outside
the office of the local civil registrar for ten consecutive
days.
 The notice shall request all persons having knowledge
of any impediment to the marriage to inform the local
civil registrar about it.
 The marriage license shall be issued only after the lapse
of the ten-day period of publication.
 The local civil registrar shall collect payment of fees for
the issuance of the marriage license in the amount of
P300.00.
 However, it shall be issued free of charge to indigent
parties.
Should the local civil registrar issue the license before the lapse
of the ten-day period
 he can be held administratively liable but the marriage
will remain valid.
 Only court intervention directing the non-issuance of
the marriage license can empower the local civil
registrar to validly refuse to issue said license.
ISSUANCE OF MARRIAGE LICENSE DESPITE RESTRAINING
ORDER
 Valid marriage
 Irregularity of formal requisite
Art. 18 In case of any impediment known to the local civil
registrar or brought to his attention, he shall note down the
particulars thereof and his findings thereon in the
application for a marriage license, but shall nonetheless
issue said license after the completion of the period of
publication, unless ordered otherwise by a competent court
at his own instance or that of any interested party. No filing
fee shall be charged for the petition nor a corresponding
bond required for the issuance of the order. (64a)
If the local civil registrar is informed of any legal impediment
of a party applying for a marriage license
 he shall note down the particulars thereof, but he could
no longer refuse the issuance of the license.
 Even if he is made aware of the impediments he must
still issue the license except if he is restrained by the
court at his own instance or of any interested party.
Contracting parties between the ages of twenty-one and
twenty-five do not obtain the advice of the parents
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 The local civil registrar shall not issue the marriage
license till after three months following the completion
of the publication of the application therefor.
Marriage license is issued within the said three months and the
contracting parties were able to get married
 Valid
Failure of getting a parental consent (18-21 years old) or
parental advice (21-25 years old), and attaching a marriage
counseling certificate
 suspend the issuance of the marriage license for a
period of three months from the completion of the
publication of the application.
Art. 19 The local civil registrar shall require the payment of
the fees prescribed by law or regulations before the
issuance of the marriage license. No other sum shall be
collected in the nature of a fee or a tax of any kind for the
issuance of said license. It shall, however, be issued free of
charge to indigent parties, that is, those who have no visible
means of income or whose income is insufficient for their
subsistence, a fact established by their affidavit, or by their
oath before the local civil registrar. (65a)
Art. 20 The license shall be valid in any part of the
Philippines for a period of one hundred twenty days from
the date of issue, and shall be deemed automatically
cancelled at the expiration of said period if the contracting
parties have not made use of it. The expiry date shall be
stamped in bold characters at the face of every license
issued. (65a)
 Validity of marriage license = 120 days
 After 120 days = marriage license is expired and can no
longer be used.
 date of the issue - the date of the signing of the local
civil registrar of the marriage license.
Marriage solemnized on the basis of an expired marriage
license
 null and void.
If marriage license was issued in Cebu, yet you married in
Baguio. Is the marriage still valid?
 YES. The marriage license is applicable to any place
within the Philippines as long as it is not expired.
WHAT IF A SOLEMNIZING OFFICER SOLEMNIZE A MARRIAGE
OF A COUPLE WHO VALIDLY GOT THEIR MARRIAGE LICENSE,
BUT DURING THE WEDDING, THEY FORGOT IT?
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)

 VALID MARRIAGE since they already got a marriage
license prior to the wedding ceremony.
WHAT IF MARRIAGE LICENSE ISSUED ONLY AFTER MARRIAGE?
 VOID
Art. 21 When either or both of the contracting parties are
citizens of a foreign country, it shall be necessary for them
before a marriage license can be obtained, to submit a
certificate of legal capacity to contract marriage, issued by
their respective diplomatic or consular officials.
Stateless persons or refugees from other countries
shall, in lieu of the certificate of legal capacity herein
required, submit an affidavit stating the circumstances
showing such capacity to contract marriage. (66a)
 Citizens of any foreign country may contract marriage in
the Philippines.
 A certificate of legal capacity must be submitted
because in the Philippines because in marriage, we
adhere the Nationality Principle.
 They are required to secure a marriage license in the
Philippines.
 Without this certification of legal capacity, the local civil
registrar will not issue the marriage license.
16 years old US Citizen who is legally capacitated to marry in
the US and wants to marry her Filipino boyfriend in the
Philippines
 Obtain a legal certificate from US stating that in US,
person of 16 years of age can be validly married.
 Show this to a proper LCR
 Marriage license will be subsequently issued.
A marriage celebrated with a marriage license issued without
certificate of legal capacity
 VALID
 Merely an irregularity of a formal requisite.
STATELESS PERSONS
 Required to submit an affidavit showing the capacity to
contract marriage.
Foreigners who wanted their marriage solemnized by their
country’s consul-general officially assigned here in the
PROOF OF MARRIAGE
Philippines
 They can get married before such consul-general
without procuring a marriage license here in the
Philippines if their country’s laws allow the same.
Art. 22 The marriage certificate, in which the parties shall
declare that they take each other as husband and wife, shall
also state:
1) The full name, sex and age of each contracting party;
2) Their citizenship, religion and habitual residence;
3) The date and precise time of the celebration of the
marriage;
4) That the proper marriage license has been issued
according to law, except in marriages provided for in
Chapter 2 of this Title;
5) That either or both of the contracting parties have
secured the parental consent in appropriate cases;
6) That either or both of the contracting parties have
complied with the legal requirement regarding parental
advice in appropriate cases; and
7) That the parties have entered into a marriage settlement,
if any, attaching a copy thereof. (67a)
Art. 23 It shall be the duty of the person solemnizing the
marriage to furnish either of the contracting parties the
original of the marriage certificate referred to in Article 6
and to send the duplicate and triplicate copies of the
certificate not later than fifteen days after the marriage, to
the local civil registrar of the place where the marriage was
solemnized. Proper receipt shall be issued by the local civil
registrar to the solemnizing officer transmitting copies of
the marriage certificate. The solemnizing officer shall retain
in his file the quadruplicate copy of the marriage certificate,
the original of the marriage license and, in proper cases, the
affidavit of the contracting party regarding the
solemnization of the marriage in a place other than those
mentioned in Article 8. (68a)
 The law and public policy favor matrimony.
 A man and a woman deporting themselves as husband
and wife are presumed to have entered into a lawful
contract of marriage.
 This presumption of marriage shall stand unless
contradicted or overcome by evidence to the contrary.
 SEMPER PRESUMITUR PRO MATRIMONIO (Always
presume marriage)
 The best evidence to establish or prove marriage is the
marriage contract or the marriage certificate.
 Absence of a marriage certificate or marriage contract
does not indicate that the marriage is void because it is
not a part of a formal requisite of marriage.
 A marriage, like any other contract, may be proved by
parol evidence.

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Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
 Testimony by one of the parties or witnesses to the
marriage, or by the person who solemnized the same, is
admissible to prove marriage.
 Mere cohabitation is not direct proof of marriage.
DECLARATORY RELIEF
 In the event that parties are not certain whether, under
the law, they can proceed with a marriage, they can file
for a petition for declaratory relief, to seek from a court
a judgement on their capacity to marry.
Balogbog vs Court of Appeals
Two boys claimed to be legitimate children of the deceased.
They did not present the marriage contract of their parents,
but only a certification that records in the municipality where
the marriage was performed had been destroyed during the
war.
Held: Credible testimony stating that a wedding took place
gives rise to the presumption that an exchange of vows was
made between the parties declaring that they take each other
as husband and wife.
Sy vs Court of Appeals
If the photostat copies, though not certified by the office of
the local civil registrar, are presented in court without
objection from the opposing parties and consequently
admitted by the court, the said photostat copies are deemed
sufficient proof of the facts contained therein and therefore
can be proof of marriage.
Trinidad vs Court of Appeals
baptismal certificates, birth certificates, judicial decisions,
and family bible in which the names of the spouses have been
entered as married are good evidences of marriage.
Sarmiento vs Court of Appeals
In a case where one party, to prove the existence of a
marriage, introduced as evidence, a birth certificate
indicating the status of the child of the parties as legitimate
and therefore implying a valid marriage of the child’s parents,
and another party, to disprove the existence of a marriage,
introduced as pieces of evidence a death certificate of the
alleged husband indicating that he was a “widower” at the
particular time material to the suit, a transfer certificate of
title indicating also that he was a “widower” at such time, and
the record of marriage of the local civil registrar which did not
reflect any marriage of the parties after he became a
widower, the Supreme Court said that, while a birth
certificate can prove the fact of marriage between the parties,
the pieces of evidences disproving the existence of the
marriage also have probative value, such that the evidence, if
weighed against each other, preponderated in favor of the
assertion that there was no marriage.
Republic vs Orbecido
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A petition for declaratory relief may be brought by any person
interested under a deed, will, contract, or other written
instrument, or whose rights are affected by a statute,
executive order, regulation, ordinance, or other
governmental regulation for the purpose of determining any
question of construction or validity arising therefrom, and for
a declaration of his or her rights or duties thereunder,
provided that the action is brought before any violation or
breach.
Art. 24 It shall be the duty of the local civil registrar to
prepare the documents required by this Title, and to
administer oaths to all interested parties without any
charge in both cases. The documents and affidavits filed in
connection with the applications for marriage licenses shall
be exempt from documentary stamp tax.
Art. 25 The local civil registrar concerned shall enter all
applications for marriage licenses filed with him in a registry
book strictly in the order in which the same are received. He
shall record in the said book the names of the applicants,
the date on which the marriage license was issued, and such
other data as may be necessary. (n)
 a certification of the local civil registrar that there was
no record in his office of any marriage license of the
alleged spouses is enough to prove that the marriage is
void due to the absence of a formal requirement,
namely, a valid marriage license.
Art. 26 All marriages solemnized outside the Philippines, in
accordance with the laws in force in the country where they
are solemnized, and valid there as such, shall also be valid in
this country, except those prohibited under Articles 35(1),
(4), (5) and (6), 36, 37, and 38.
Where a marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is thereafter
validly obtained abroad by the alien spouse capacitating him
or her to remarry, the Filipino spouse shall likewise have
capacity to remarry under Philippine law. (n) (As amended
by Executive Order Number 227, July 17, 1987.)
LEX LOCI CELEBRIACIONES
 rule in marriage simply means that if the marriage is
celebrated abroad and it is considered as valid there, it
shall also be considered as valid here.
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
 However, when the marriage celebrated abroad is
repugnant to our country’s laws and policy, our court is
not bound by comity to give effect to it.
PLEASE MEMORIZE ME!
MARRIAGES CONSIDERED VALID IN IN THE COUNTRY WHERE
IT WAS SOLEMNIZED, YET NOT RECOGNIZED IN THE
PHILIPPINES (EXCEPTIONS TO THE LEX LOCI CELEBRACIONIS)
1. If the party who is a Filipino is below 18 years old;
2. If the marriage is bigamous or polygamous not falling
under Art.41;
3. If contracted through mistake of identity of the other
party;
4. If the party whose previous marriage has been annulled
or declared void, contracts a second marriage but failed
to record the prejudicial decree with the LCR, to
partition their conjugal properties, and deliver the
presumptive legitime of their children (art 53);
5. Where one of the party is psychologically incapacitated
(Art.36);
6. Marriages considered incestuous (Art. 37);
7. Marriages that are against public policy. (Art.38)
 A marriage validly solemnized abroad shall always be
considered as valid here for as long as it does not fall
under the exceptions mentioned in Article 26 par. 1 of
the Family Code.
 If considered valid in the country where it was
celebrated, it shall also be considered as valid here in
the Philippines
 a marriage without a license
 a marriage solemnized by a person not authorized
to solemnize marriage under Art. 7 of the Family
Code
 a marriage by proxy
 REASON: Not among the void marriages mentioned in
the “Exceptions to the Lex Loci Celebracionis Rule”
COMMON LAW MARRIAGE
 Not recognized in the Philippines
ABSOLUTE DIVORCE OBTAINED BY A FILIPINO SPOUSE
ABROAD
 Not recognized in the Philippines (VOID)
 We adhere to the Nationality Principle
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MARRIAGE BETWEEN A FIIPINO AND A FOREIGNER AND THE
FOREIGNER SPOUSE OBTAINED DIVORCE ABROAD AGAINST
THE FILIPINO SPOUSE
 VALID (Recognized in the Philippines – Art. 26 Par.2)
X AND Y ARE BOTH FILIPINOS. THEY GET MARRIED IN
COUNTRY Z WHERE 16 YO IS THE AGE OF LEGAL CAPACITY
IN THAT COUNTRY. CAN THE MARRIAGE BE RECOGNIZED IN
THE PHILIPPINES?
 Even if the marriage is valid in that country, we don’t
recognize such rules because it is one of the grounds
listed under the EXCEPTIONS OF LEX LOCI
CELEBRACIONIS – Art. 35 par 1
ART.26 PARAGRAPH 2
REQUISITES:
 Marriage must be originally a “Mixed marriage”.
 Foreigner should be the one to initiate the divorce
petition, and
 if granted, it should capacitate him under his national
law to remarry.
 Also applicable to former Filipinos who obtained foreign
citizenship and thereafter filed a divorce against other
spouse.
SAME SEX MARRIAGE OBTAINED BY FILIPINOS ABROAD
 INVALID/VOID
REPUBLIC VS IYOY
Filipina filed for a divorce against her Filipino husband and the
former filipina now became a US CITIZEN. SC denied the
declaration of nullity of marriage because she’s still a filipina
upon obtaining the decree.
REPUBLIC VS MANALO
Filipina wife filed a petition to have her divorce decree
obtained in Japan with her Japanese husband be recognized
in the Philippines. SC granted Filipina woman to remarry.
Republic vs Cipriano Orbecido III
The Supreme Court ruled that a divorce decree obtained by
the wife who is now a U.S. citizen, against her Filipino
husband who continued to live here in the Philippines, is
considered valid. Thus, it will capacitate the husband to marry
again here. The Court said that Article 26 par. 2 applies not
only to foreigners divorcing their Filipino spouse but also to
former Filipinos who obtained foreign citizenship and
thereafter filed a divorce against the other spouse.
 The determinative point when the foreigner eho
procured the divorce should be a foreigner is at the
time of the divorce and not at the time of the
marriage ceremony.
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)

Garcia vs Recio without necessity of a marriage license and shall remain

The divorce obtained by the foreigner spouse abroad does valid even if the ailing party subsequently survives. (72a)
not ipso facto entitle the Filipino spouse to remarry.
Before the Filipino spouse could remarry, he/she must first  Articulo mortis – Marriage at the point of death
prove in court the fact of divorce obtained by the foreigner  Out of necessity and practicability.
spouse and also the fact that said spouse is capacitated by his  Marriage license is not required.
national law to remarry after the divorce.
What if the dying person miraculously survived? Would they
Van Dorn vs Romillo be required to get married again?
However, even if the divorce obtained by the Filipina wife - No. ART 27 (APPLIED) – MARRIAGE IS STILL VALID
against her alien husband abroad is not recognized as valid
here, the husband cannot anymore claim that he still has an
Art. 28 If the residence of either party is so located that
interest in the property acquired by his Filipina wife after the
there is no means of transportation to enable such party to
divorce on the ground that under the Philippine law their
appear personally before the local civil registrar, the
marriage is still subsisting. Since the foreigner husband is
marriage may be solemnized without necessity of a
already considered divorced under his national law then he
marriage license.
has no more interest in the properties acquired by his former
wife after the divorce.
 The reason for allowing this kind of marriage to proceed
Pilapil vs. Ibay Somera
without a license is to encourage the parties to marry
the Supreme Court also ruled that a Filipina wife who
and legalize their relationship instead of cohabiting in
divorced her foreigner husband and thereafter had sexual
an illicit relationship.
intercourse with another man cannot be charged by her
former husband of adultery because although she is still
Art. 29 In the cases provided for in the two preceding
considered married to him by our law, such foreigner is no
articles, the solemnizing officer shall state in an affidavit
longer considered married by his law to his Filipina wife and,
executed before the local civil registrar or any other person
therefore, he does not have a legal standing anymore to file
legally authorized to administer oaths that the marriage was
the adultery case. Considering that he is already considered
performed in articulo mortis or that the residence of either
divorced by his national law, then he is no longer considered
party, specifying the barrio or barangay, is so located that
a spouse who can file the criminal case for adultery.
there is no means of transportation to enable such party to
appear personally before the local civil registrar and that the
Bayot vs . Court of Appeals
officer took necessary steps to ascertain the ages and
A divorce decree obtained by a former Filipina citizen who
relationship of the contracting parties and the absence of a
has now acquired American citizenship is recognized as valid
legal impediment to the marriage. (72a)
here in the Philippines if sufficiently proven or established
as a fact.
Art. 30 The original of the affidavit required in the last
Her filing an action to declare the nullity of her marriage to preceding article, together with a legible copy of the
her husband on the ground of the latter’s psychological marriage contract, shall be sent by the person solemnizing
incapacity under Article 36 of the Family Code is no longer the marriage to the local civil registrar of the municipality
tenable. Given the validity and efficacy of divorce secured by where it was performed within the period of thirty days
her, the same shall be given a res judicata effect in this after the performance of the marriage. (73a)
jurisdiction. As an obvious result of the divorce decree
obtained, the marital vinculum between Rebecca and Vicente Art. 31 A marriage in articulo mortis between passengers or
is considered severed and they are both freed from the bond crew members may also be solemnized by a ship captain or
of matrimony. Therefore, the petition under Article 36 is by an airplane pilot not only while the ship is at sea or the
dismissible for lack of cause of action. plane is in flight, but also during stopovers at ports of call.
(74a)

VALID MARRIAGES WITHOUT A MARRIAGE LICENSE  The marriage can be solemnized by the ship captain or
airplane chief if the passengers if the passengers or
Art. 27 In case either or both of the contracting parties are crew of vessel is in transit.
at the point of death, the marriage may be solemnized
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Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
SHIP CAPTAIN AND AIRPLANE CHIEF
1) the marriage must be in articulo mortis (at least one of the
parties is at the point of death);
2) the marriage must be between passengers or crew members;
3) generally, the ship must be at sea or the plane must be in
flight but also during stopovers at ports of call.
 Hence, an assistant pilot has no authority to solemnize
a marriage
Art. 32 A military commander of a unit, who is a
commissioned officer, shall likewise have authority to
solemnize marriages in articulo mortis between persons
within the zone of military operation, whether members of
the armed forces or civilians. (74a)
MILITARY COMMANDER
1) he or she must be a military commander of a unit;
2) he or she must be a commissioned officer;
3) a chaplain must be assigned to such unit;
4) the said chaplain must be absent at the time of the marriage;
5) the marriage must be one in articulo mortis;
6) the contracting parties, whether members of the armed
forces or civilians, must be within the zone of military operation.
 If the chaplain is present, he must be the one who
should solemnize the marriage.
 Hence, if the chaplain cannot comply with Article 7(2),
then it is as if he is absent as he cannot solemnize a
marriage, in which case, the military commander can
solemnize the marriage.
 The military commander must be a commissioned
officer which means that his rank should start from a
second lieutenant
Art. 33 Marriages among Muslims or among members of
ethnic cultural communities may be performed validly
without the necessity of a marriage license, provided they
are solemnized in accordance with their customs, rites or
practices. (78a)
 Marriage license is not required for the validity of the
marriage among Muslims and Ethnic Cultural
Communities provided it is done in accordance with
their customs, rites or practices.
Article 34. No license shall be necessary for the marriage of
a man and a woman who have lived together as husband
and wife for at least five years and without any legal
impediment to marry each other. The contracting parties
shall state the foregoing facts in an affidavit before any
person authorized by law to administer oaths. The
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solemnizing officer shall also state under oath that he
ascertained the qualifications of the contracting parties and
found no legal impediment to the marriage. (76a)
RATIFICATION ON MARITAL COHABITATION
Reason: whereby no marriage license is required, is that the
publicity attending a marriage license may discourage such
persons who have lived in a state of cohabitation from legalizing
their status.
 What the parties will do is to execute a joint affidavit
stating the foregoing fact and have it notarized by a
person duly authorized to administer oath.
 This affidavit will take the place of the marriage license.
 Solemnizing officer - solemnizes the marriage, and he
ascertain the qualifications of the contracting parties
and must find no legal impediment.
 Failure of the solemnizing officer, however, to perform
that duty does not invalidate the marriage.
Ninal vs Bayadog
During the entire five-year period of cohabitation either
party must not have any legal impediment to marry each
other. Thus, a married man who is living with his paramour
during the time that the legal wife is still alive, he cannot avail
the exception in case he decides to marry his live-in partner
after his wife’s death.
 OLD LAW UNDER CIVIL CODE
Manzano vs Sanchez
During the five year cohabitation period, it is not necessary
that they must have no legal impediment to marry each
other. It is enough that they have no legal impediment at the
time they decide to marry each other. In other words, the
absence or presence of legal impediments should only be
considered at the time of the celebration of the marriage.
De Castro vs. Assidao - De Castro
The marriage solemnized without a marriage license on the
basis of an affidavit executed by the parties that they have
already been living together as husband and wife for at least
five years is null and void if it turns out that the affidavit is
falsified as the allegations therein are not true.
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
OFFICE OF THE COURT ADMINISTRATOR VS JUDGE
ANATALIO S. NECESSARIO
Judges Necessario, Acosta, and Tormis are likewise guilty of
gross ignorance of the law under Article 34 of the Family Code
with respect to the marriages they solemnized where legal
impediments existed during cohabitation such as the
minority status of one party. The five-year period of
cohabitation should be one of a perfect union valid under
the law but rendered imperfect only by the absence of the
marriage contract. The parties should have been
capacitated to marry each other during the entire period
and not only at the time of the marriage.
Note: Prevailing DOCTRINE now: OCA vs Judge Anatalio
Article 35. The following marriages shall be void from the
beginning:
1) Those contracted by any party below eighteen years
of age even with the consent of parents or
guardians;
2) Those solemnized by any person not legally
authorized to perform marriages unless such
marriages were contracted with either or both
parties believing in good faith that the solemnizing
officer had the legal authority to do so;
3) Those solemnized without a license, except those
covered by the preceding Chapter;
4) Those bigamous or polygamous marriages not
falling under Article 41;
5) Those contracted through mistake of one
contracting party as to the identity of the other; and
6) Those subsequent marriages that are void under
Article 53.
 Void from the beginning
 These marriages are defective because they fail to
comply with essential and formal requisites under Art 2
and Art. 3.
 CANNOT be ratified
 CAN be attacked collaterally (Eg. Support)
 Good faith is immaterial in entering marriage
The Nullity of void marriage
– may be raised even after the death of the parties.
- Imprescriptible
- Not the principal main issue of the case
MARRIAGE BELOW 18
 VOID
 Absence of legal capacity
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Domingo vs CA
There is no need here to produce proof of a prior judicial
declaration of nullity of marriage because evidence other
than judicial decision of nullity of marriage can be presented
to establish the illegitimacy of some claimants.
Ninal v Bayadog
Such as but not limited to determination of heirship,
legitimacy or illegitimacy of a child, settlement of estate,
dissolution of property regime, or a criminal case for that
matter, the Court may pass upon the validity of marriage even
in a suit not directly instituted to question the same so long
as it is essential to the determination of the case.
Two exceptions of GOOD FAITH & BAD FAITH are not relevant
in VOID marriages:
 Art 35 (2) Void ab Initio Marriages
“Either of the contracting parties is in good faith in believing
that a solemnizing officer has authority to solemnize a marriage
though he or she actually has none.”
(MARRIAGE IS VALID)
 Art 41 Presumption of Death
- Where spouse disappears for 4 or 2 years, the present
spouse may remarry again if he or she
1. Has a well-founded belief that his or her spouse is dead
2. Procures a judicial declaration of presumptive death
3. At the time of the subsequent marriage ceremony, is in
good faith together with subsequent spouse; otherwise
the subsequent marriage shall be considered void in
accordance with Art 44.
Marriages that are valid without obtaining a marriage license
 Art 27,28,29,30,31,32,33, and 34 of the Family code
MISTAKEN IDENTITY
 Eg. Marrying twin brother of your lover bec. You
thought it was your lover (VOID AB INITIO)
 Lack of consent
WHAT IF YOU INTEND TO MARRY “COCO MARTIN” WHEN IN
FACT, HIS NAME IS “CARDO DALISAY”, CAN YOU ASK FOR
DECLARATION OF NULLITY OF THE MARRIAGE? (formulated
prob based on my understanding to sta. maria book)
 A mistaken belief by one spouse as to the real name of
the person he or she married does not indicate that
such spouse had married one other than the person
she intended to marry as to give a cause of action to
nullify the marriage.
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
VOID UNDER ART 53
 Non-compliance of recording to the appropriate civil
registry and registries f property in marriages who have
been annulled or declared null and void will render the
subsequent marriage void. (Kaya don’t forget to register
besh! Sayang effort magpa annulment!)
Article 36. A marriage contracted by any party who, at the
time of the celebration, was psychologically incapacitated to
comply with the essential marital obligations of marriage,
shall likewise be void even if such incapacity becomes
manifest only after its solemnization. (n) (As amended by
Executive Order Number 227 dated July 17, 1987)
 no enumeration what constitutes of psychological
incapacity
 No definition and no examples of psychological
incapacity
 Only judge’s assumption whether a person is
psychologically incapacity or not (CASE-TO-CASE BASIS)
Psychological incapacity = (X) Insanity (X) Mental illness
 Inability of the party to the marriage to comply with the
essential marital obligations because of psychological
reasons.
 Neither a physical defect because he/she cannot
perform essential marital obligations or refuses to do
even capable of doing it.
 “Lack of appreciation of one’s marital obligations”
 Present “At the time of the marriage ceremony”, but can
be manifested later on during the marriage.
 Patterned after church doctrines (CANON 1095 par 3)
 Property regime nullified under art 36; co-ownership
under art 147.
WHO CAN FILE DECLARATION OF MARRIAGE ON GROUND OF
PSYCHOLOGICAL INCAPACITY?
 The injured party
 The INCAPACITATED Party
CAN A “PSYCHOLOGICALLY INCAPACITATED” PERSON
CONTRACT MARRIAGE AFTER DECLARATION OF COURT THAT
HE/SHE IS INCAPACITATED?
 YES. It does not mean that just because a person is
psychologically incapacitated to perform his or her
marital obligations with his or her present spouse,
he/she will also be psychologically incapacitated with
any other partner (Relative Psychological Incapacity)
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IS IT REQUIRED FOR A PERSON WHO IS PSYCHOLOGICALLY
INCAPACITATED BE EXAMINED BY AN EXPERT?
 Respondent’s spouse does not be physically examined
by a physician or medical expert. (up to the judge’
assessment)
 Experts opinions
 REASON: it will only be a remedy for the rich. The
defendant would not submit himself to be subjected
upon examination.
 Effect: Easy for defendant to defeat plaintiff because
plaintiff won’t subject himself to examination.
BASIS OF PSYCHOLOGIST IF HE CANNOT EXAMINE THE
INCAPACITATED PERSON
- People who are dealing with the defendant. (Relatives,
living with him, friends, plaintiff himself)
IF EXPERT RENDERED A PERSON “PSYCHOLOGICALLY
INCAPACITATED” BASED SOLELY ON THE INTERVIEW OF THE
PLAINTIFF, WHAT WOULD BE THE EFFECT?
 Bias to plaintiff’s side. The opinion should not be based
solely on one interview.
IS A MEDICAL EXPERT WITNESS REQUIRED?
 Not a requirement except during pre-trial, the parties
have already been deemed to be seen with the nature
of psychological incapacity (anti-social disorder)
ARE JUDGE BOUND TO ACCEPT THE OPINION OF AN EXPERT
WITNESS?
 Court is not bound to accept the opinion of the expert.
 See case: Te vs Te (dependent personality disorder and
anti-social personality disorder)
CASES WITH PSYCHOLOGICAL INCAPACITY
 Chi Ming Tsoi vs CA
 Antonio vs Reyes (pathological liar)
 Te vs Yu-Te (Husband = Dependent personality
disorder; wife = antisocial disorder)
 Ma. Socorro Reyes vs Ramon Reyes
ACCEPTED AS GROUNDS FOR PSYCHOLOGICAL INCAPACITY
 Nymphomaniac
 Husband who is homosexual
 Bisexual
 Mixed personality disorder (Halili vs Halili and Republic)
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
 Pathological Liar
 Fear of wife to engage in sexual intercourse because she
is afraid of children
 Frequently going to mahjong session and beauty parlors
(Kalaw vs Fernandez)
ROMAN ROTA (Refer to Monteclar book)
CASES THAT DO NOT CONSTITUTE
PSYCHOLOGICAL INCAPACITY:
o Mere showing of “Irreconcilable differences” (Choa vs
Choa)
o Disorder personality – sexual infidelity or perversions
(Dedel vs COA)
o Unsatisfactory marriage (Siayngco vs Siayngco)
o Mama’s boy (Jordan chan paz vs Jeanice Paz)
o Failure to manage family’s financial finances ( Ricardo
Toring vs Teresita Toring)
o Quarrels, financial difficulties, womanizing of
petitioners
o Sexual Infidelity of wife (Ochosa vs Alano)
o Failure to return home and absence of communication
with husband for a long time (santos vs CA)
o Separation or abandonment alone is not conclusive
proof of PI (Republic vs Quintero Hamano)
CAN MORAL DAMAGES BE RECOVERED FROM A PERSON WHO
IS DECLARED AS “PSYCHOLOGICALLY INCAPACITATED”?
 NO. Moral damages cannot be recovered from a person
who is declared as psychologically incapacitated
because he is not aware of his incapacity.
(Buenaventura vs CA)
Santos vs ca
Leouel was a soldier assigned in Iloilo and there he met Julia.
They got married and lived in the house of the latter’s
parents. The wife left to the US to work as a nurse, but she
never returned. Leouel went to the US to search for his wife
but he failed to find her. Upon returning to the Philippines, he
filed a declaration of nullity of marriage.
Issue : whether the wife’s refusal to return home or at least
communicate with her husband was evidence of psychological
incapacity
Sc: Psychological incapacity is characterized by
a. Gravity -very serious defect
b. Juridical antecedence – existing prior to or at the
time of marriage
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c. Incurability – serious or illness that is not curable;
beyond the financial capacity of the spouses to
have it cured.
SC: “There is hardly any doubt that the intendment of the law
has been to confine the meaning of "psychological incapacity"
to the most serious cases of personality disorders clearly
demonstrative of an utter insensitivity or inability to give
meaning and significance to the marriage. This psychologic
condition must exist at the time the marriage is celebrated.
The law does not evidently envision, upon the other hand, an
inability of the spouse to have sexual relations with the other.
This conclusion is implicit under Article 54 of the Family Code
which considers children conceived prior to the judicial
declaration of nullity of the void marriage to be "legitimate."
- Petition denied
Chi ming tsoi vs ca
- Procreation is an obligation. A spouse, although
physically capable but refuses to perform his or her
essential marital obligations, and the refusal is
constant is equivalent to Psychological Incapacity.
Psychologically incapacitated = can still contract marriage
Relative psychological incapacity
 “A person may be psychologically incapacitated in the
presence of his spouse, but not with other partner”
Republic vs Molina
 Case about Irreconcilable difference.
 Petition for “Declaration of nullity of marriage”
 OSG filed the case in SC (If there is no guideline to be
followed in Art. 36 , Psychological Incapacity is
referred as the Most liberal divorce procedure in the
world)
 Molina doctrine (MEMORIZE ME PLEASE)
(1) The burden of proof to show the nullity of the marriage
belongs to the plaintiff. Any doubt should be resolved in
favor of the existence and continuation of the marriage and
against its dissolution and nullity.
(2) The root cause of the psychological incapacity must be
(a) medically or clinically identified,
(b) alleged in the complaint,
(c) sufficiently proven by experts and
(d) clearly explained in the decision.
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
(3) The incapacity must be proven to be existing at
"the time of the celebration" of the marriage.
(4) Such incapacity must also be shown to be medically or
clinically permanent or incurable. Such incurability may be
absolute or even relative only in regard to the other spouse,
not necessarily absolutely against everyone of the same sex.
(5) Such illness must be grave enough to bring
about the disability of the party to assume the essential
obligations of marriage
(6) The essential marital obligations must be those embraced
by Articles 68 up to 71 of the Family Code as
regards the husband and wife as well as Articles 220, 221 and
225 of the same Code in regard to parents and their children.
Such non-complied marital obligation(s) must also be stated
in the petition, proven by evidence and included
in the text of the decision.
(7) Interpretations given by the National Appellate
Matrimonial Tribunal of the Catholic Church
in the Philippines, while not controlling or decisive, should be
given great respect by our courts.
(8) The trial court must order the prosecuting attorney or
fiscal and the Solicitor General to appear as counsel
for the state. No decision shall be handed down
unless the Solicitor General issues a certification, which will
be quoted in the decision, briefly stating therein his reasons
for his agreement or opposition, as the case may be,
to the petition.
The Solicitor General, along with the prosecuting attorney,
shall submit to the court such certification within fifteen (15)
days from the date the case is deemed submitted for
resolution of the court. The Solicitor General shall
discharge the equivalent function of the defensor
vinculi contemplated under Canon 1095.||
PREVAILING DOCTRINE NOW:
 “March 15, 2003 case” (AM No 02-11-10 SC )
– the presentation of a medical expert is not a requirement,
but it can be helpful in deciding the case
Marcos vs Marcos
Important is the presence of evidence that can adequately
establish the party’s psychological condition. For indeed, if
the totality of evidence presented is enough to sustain a
finding of psychological incapacity, their actual medical
examination of the person concerned need not be resorted
to.
 Art .36 should not be confused with a divorce law.
 Divorce = valid marriage (Grounds After marriage)
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“SET A GOAL. ENDURE THE PAIN. NEVER GIVE UP. BELIEVE.”
 declaration of nullity of marriage = no valid marriage
(grounds proven at the time of the marriage)
Halili vs Hallili & Republic
where it was the petitioner who claims that he is the one
who is psychologically incapacitated. The trial court granted
the petition on the ground that petitioner is suffering from a
mixed personality disorder, particularly dependent and self-
defeating personality disorder.
Republic vs dagdag
A person who is emotionally immature, habitual alcoholic,
irresponsible, fugitive from justice is not considered
psychologically incapacitated.
Pesca vs pesca
Characteristic of PI “Gravity” is not shown.
Emotional immaturity and unhappy marriage does not
constitutes psychological incapacity.
 the Court ruled that the interpretation or
construction of a law by courts constitutes a part of
the law as of the date the statute is enacted.
Choa vs choa
Emotional Must be more than just difficulty or refusal to
perform of marital obligation. Irreconcilable difference and
mere showing of incompatibility does not constitute
psychological incapacity.
Barcelona vs CA and Bengzon
Expert opinion is not a requirement.
New rules do not require the petition for declaration of nullity
of marriage to allege expert opinion n or the root cause of
psychological incapacity.
Procedural rules apply to actions pending and unresolved at
the time of their passage.
Dedel vs COA
Wife who engaged with an extramarital affair with a
Jordanian national. Husband asked also court to annul his
marriage in the catholic church.
HELD: Disordered personality is not a ground for declaring a
marriage void. Respondent’s sexual infidelity of perversion
and abandonment do not constitute PI. Juridical
antecedence is not seen since the first year of their marriage,
they were happy.
Analecta vs analecta
Psychologist relied only to the testimonies of one side. The
court denied the expert medical opinion.
Juanita caritang-siayngco vs manuel siayngco
Judge who had a marriage of more than 25 years wanted to
have their marriage void on the ground of psychological
incapacity. The wife is not supportive of his profession as a
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
judge. The couple are childless and the husband even had an
extramarital affair with another woman and had a son.
Held: Existence of psychological incapacity crucially
dependent on case facts. It does not comprehend psychosis
and burden of proof to the declaration of nullity of marriage
belongs to the plaintiff.
Republic vs quintero-hamano
Mixed marriage between a Filipina and a Japanese man.
When the husband went to Japan, he stopped providing
support to his family. The Filipina filed a declaration of nullity
of marriage on grounds of PI. She said that since her husband
is a foreigner, the court should be more lenient on her case.
Held: There is no difference between a psychologically
incapacitated alien and psychologically incapacitated
spouse Filipino.
Tenebro vs CA
X and Y are married. Y contracted a second marriage, filed
the case void under art.36. The court granted the nullity of
the 2nd marriage.
Q: Can Y be held liable for bigamy when the court declared
already that her second marriage is already void?
SC: Tenebro can still be criminally liable for BIGAMY. He still
contracted a 2nd marriage.
 In Prosecution for bigamy- the subseq. Declaration of
nullity of 2nd marriage on ground of PI will not
retroact.
Buenaventara vs ca
If a marriage declared void, can the defendant spouse be
held liable for moral damages?
Held: Moral damages cannot be recovered from a guilty party
in declaration of nullity of marriage who is Psychologically
incapacitated. The PI person is not aware of his incapacity.
Antonio vs reyes
Reyes is a pathological liar wherein he lied about everything
(profession (singer), income, and having a child prior to
marriage). Reyes claimed that she is not a pathological liar.
– Case came in the news - “A pathological liar is
psychologically incapacitated.”
HELD:
RTC: ruled in favor of Antonio
- National Matrimonial Appellate Tribunal and
affirmed by ROMAN ROTA (Vatican)
CA: Reverse
SC: In favor of Antonio. - “A pathological liar is
psychologically incapacitated – a person who cannot
differentiate fantasy from reality”
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“SET A GOAL. ENDURE THE PAIN. NEVER GIVE UP. BELIEVE.”
Other reason why SC granted this case which is not present
in other cases: “marriage was previously annulled by the
church”.
Tongol vs tongol (workaholic)
Can a person who is a professional and successful in his
career be deemed psychologically incapacitated?
When a person may be truly efficient and mentally capable of
undertaking a particular profession in life, he or she may still
be considered a completely irresponsible person vis-avis of
his married life if he spends the whole day working and not
minding his marital life.
Te yu vs te
Both spouses have psychological disorders. Where one has a
Anti-Social Personality Disorder (Wife) and the other has a
Dependent Personality disorder (Husband).
Held: In dissolving the marital bonds, the court justify that
Art.36 is not dissolving the sanctity of marriage but rather
protects it from letting people who engage in marriage that
cannot comply with the essential marital obligations.
Reyes so vs valera
The facts on which psychologist based her conclusions were
all derived from the statements by the petitioner whose bias
in favor of his cannot be doubted.
Najera vs Najera
Marriage was annulled by the church not on the ground of
Psychological incapacity. The decision of said tribunal was
based on Canon 1095 par 2 and not Canon 1095 par 3 (Art 36)
and should not be given weight. This is not a case of
psychological incapacity.
Reyes vs reyes
If the opinion of the expert is not solely based on one source
which is the plaintiff, then the court accepted it. Failure of
Essential marital obligations
(1) Sporadic financial support; (2) Extramarital affairs
Held: Lack of Personal examination and interview ofnthe
respondent, or any person diagnosed with personality
disorder, does not per se invalidate testimonies of the
doctors. Meither
Yambao vs republic
Infidelity does not constitute psychological incapacity.
Kalaw vs Fernandez
Wife frequently go to mahjong session and beauty parlor
and allege it as “psychological incapacity”.
Held: The SC relapse the Molina guidelines. The court did not
err because it did not represent sufficient facts. Molina
doctrine application is rigid and put weight on experts and the
totality of the case. Bringing children in Mahjong
environment will expose the child into a harmful
environment.
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)

7.) Between an adopted child and a legitimate child of

Can a person declare himself as “psychologically
incapacitated”?
– yes, there is no such thing as “Absolute psychological
incapacity”. (Halili vs Halili)
the adopter;
8.) Between the 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. (82)

Interpretation of National Appellate Matrimonial Tribunal

catholic church
– not binding to court but highly respected. PLEASE MEMORIZE ME!

Essential marital obligations

 art. 68-71 The following can marry each other
(ALLOWED IN FAMILY CODE) :
 Obligation between the spouses
1. Brother in law and sister in law
 Obligations between the spouses and the special 2. Step brother and step sister.
children 3. Guardian and ward (Between the adopted and the
Is it still a requirement to cite a certification by OSG in the parents of the adopter)
case? 4. Adopted and illegitimate child, parents and relatives
 NO. Am No 02-11-10 SC (removed mandatory rule of by consanguinity and affinity of adopter (Adopter
OSG certification & may be applied retroactively to and relatives of adopted)
pending matters) because by strictly following the 5. Parties who have been convicted of adultery and
guidelines would cause delay. concubinage
6. Between the adopted and the former spouse of his
 NOT AMENDED: Prosecuting atty/fiscal/ Solicitor adopter OR between the adopter and former spouse
general is required to intervene of adopted.

DEGREE OF CONSANGUINITY
Art. 37 Marriages between the following are incestuous and
1st degree of consanguinity: father and child or mother and
void from the beginning, whether the relationship between
child.
the parties be legitimate or illegitimate:
2nd degree of consanguinity: grandparents and
1) Between ascendants and descendants of any degree; and
grandchildren, brother and sister
2) Between brothers and sisters, whether of full or half-
3rd degree of consanguinity: uncle and niece
blood. (81a)
4th degree of consanguinity: 1st cousins
 To avoid deficient degenerate offspring.
 To avoid negative consequences of the social and
ADOPTED CHILD CANNOT MARRY THE FF:
psychological aspects in incestuous marriage
 Adopter
 Surviving spouse of the Adopter
Article 38. The following marriages shall be void from the
 Adopted child of adopter
beginning for reasons of public policy:
 Legitimate Child of adopter
1.) Between collateral blood relatives, whether
legitimate or illegitimate, up to the fourth civil
ADOPTER CAN MARRY THE FF:
degree;
 Legitimate child of the ADOPTED
2.) Between step-parents and step-children;
 Illegitimate child of the adopted
3.) Between parents-in-law and children-in-law;
 Parents of the adopted
4.) Between the adopting parent and the adopted child;
 Relatives of the adopted (whether by consanguinity or
5.) Between the surviving spouse of the adopting
affinity)
parents and the adopted child;
6.) Between the surviving spouse of the adopted child
and the adopter;

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Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
MARRIAGE BETWEEN THE KILLER AND THE SURVIVING SPOUSE
OF HIS VICTIM
 PROHIBITED BY LAW.
 The killing must be animated with by the intention to
marry another person.
TEST YOUR KNOWLEDGE
X, the stepfather of Y, married C (Y’s mother). Upon death of
C, X and Y fell in love and decided to get married. Is the
marriage valid?
 NO. Marriages between step-parents and step-children
are prohibited by law under Art. 38 of the FC.
M adopts B (Boy). Later M marries W. Subsequently M dies.
May B and W can get married? (paras book)
 NO. Marriages between the surviving spouse of the
adopting parents and the adopted child are prohibited
by law under Art 38 of the FC.
X adopted A. Subsequently, X married Y. X and Y had their
marriage judicially declared annulled on 2002. Can Y and A get
married? – (My own problem based on Sta Maria book)
 YES, Y AND A CAN GET MARRIED BECAUSE Y, IN THIS
CASE IS A FORMER SPOUSE. Art 38 only prohibits
marriages between adopted child and the surviving
spouse. With the judicial declaration of annulment of
marriage shown in the case, Y’s marriage with X now
becomes void. Therefore, marriages between adopted
child and former spouse (Y & A) is VALID.
Article 39. The action or defense for the declaration of
absolute nullity of a marriage shall not prescribe. (n)
(Amended by Executive Order Number 227 dated July 17,
1987 and further amended by Republic Act No. 8533 dated
February 23, 1998)
 Prescriptive Period: DOES NOT PRESCRIBE
 Marriage is VOID FROM THE BEGINNING.
The Nullity of void marriage
– may be raised even after the death of the parties.
Article 40. The absolute nullity of a previous marriage may
be invoked for purposes of remarriage on the basis solely of
a final judgment declaring such previous marriage void. (n)
 For purposes of remarriage
 Even your marriage is void in the first place, you have to
declare nullity of marriage, because you may be
criminally liable with BIGAMY.
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 This will also serve as a protection of the spouse who,
believing that his or her marriage is illegal and void,
marries again.
 Only HUSBAND AND WIFE CAN FILE A CASE FOR
DECLARATION OF NULLITY OF MARRIAGE (That’s why
in fujiki vs marinay, di nagrant ang declaration of nullity
of marriage filed by fujiki kasi 3rd party sya, when In fact
dapat ang nagfile sa declaration of nullity of marriage is
yung wife nya and si takehara (yung 2nd husband ng wife
nya in the subsequent marriage)
A AND B GOT MARRIED ON 2002 WITHOUT A VALID
MARRIAGE LICENSE (eg. They got married before the issuance
of marriage license by lcr). Subsequently, B married C without
him filing a declaration of nullity of marriage because in his
belief, his marriage to A is void. As a lawyer, will the marriage
of B and C prosper?
 NO, B and C’s marriage will not prosper. The absence of
marriage license which is one of the formal requisites in
marriage will render it VOID AB INITIO. (Mercado vs
Tan)
BIGAMOUS VOID ART 40 IN REL.W/
MARRIAGE ART 52 & 53
1st marriage: VALID 1st marriage: VOID
2nd marriage: VOID 2nd marriage: VOID
Domingo vs CA
For purposes of remarriage, the only acceptable proof to
show the voidness of the first marriage is a judicial
declaration issued by the court directly stating that the first
marriage was null and void.
Mercado vs tan
Morigo vs people
Antonne vs beronilla
Article 41. A marriage contracted by any person during the
subsistence of a previous marriage shall be null and void,
unless before the celebration of the subsequent marriage,
the prior spouse had been absent for four consecutive years
and the spouse present had a well-founded belief that the
absent spouse was already dead. In case of disappearance
where there is danger of death under the circumstances set
forth in the provisions of Article 391 of the Civil Code, an
absence of only two years shall be sufficient.
For the purposes of contracting the subsequent
marriage under the preceding paragraph, the spouse
present must institute a summary proceeding as provided
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)

for in this Code for the declaration of presumptive death of he did not do so. He also did not identify those friends in his
the absentee, without prejudice to the effect of testimony leading to the conclusion that his petition must
reappearance of the absent spouse. (83a) be denied.
REPUBLIC VS COA
 VALID BIGAMOUS MARRIAGE The person seeking judicia; declaration presented only the
 Exception: Presentation of a judicial declaration of Barangay Captain, but did not present the persons whom he
PRESUMPTIVE DEATH via a summary of court allegedly, made inquiries, and did not make inquiries, with his
proceedings. parents-in-law who knew of his wife’s abandonment of the
conjugal abode.
BIGAMY - committed by any person who shall contract a second Armas vs Calisterio
or subsequent marriage before the former marriage has been Teodorico Calistero died intestate, leaving several parcels of
legally dissolved or before the absent spouse has been declared land. He was survived by his wife, Marietta. Teodorico was
presumptively dead by means of judgement proceedings. the second husband of Marietta who was previously married
to William Bounds in January 1946. The latter disappeared
Elements: without a trace in February 1947. 11 years later from
1, The offender has been legally married. the disappearance of Bounds, Marietta and Teodorico got
2.The marriage has not been legally dissolved or presumed dead married without Marietta securing a court declaration of
in case of absence. Bounds’ presumptive death.
3.The offender contracts a second or subsequent marriage.
4. The second or subsequent marriage has all the essential Antonia Armas, surviving sister of Teodorico filed a petition
requisites for validity. claiming to be the sole surviving heir of the latter and that the
marriage between Marietta and her brother, being allegedly
CIVIL CODE FAMILY CODE bigamous is by itself null and void. She prayed that her son
Ordinary absence : 7 Ordinary absence: 4 years be appointed as administrator of the estate of the decedent
years and inheritance be adjudicated to her.
If spouse’s life was in If spouse’s life was in danger
danger and presumed and presumed dead: 2 years ISSUE: WON Marietta and Teodorico’s marriage was void due
dead: 4 years to the absence of the declaration of presumptive death.
No declaration of Judicial declaration of
Presumptive death presumptive death WON art 41, FC is applicable to marriages celebrate before
REQUIRED the effectivity of the FC

Republic vs Nolasco
How to present evidence on a well- founded belief in
declaring a presumptive death?
A Filipino seaman wanted to get a judicial declaration od
presumptive death from the curt relative to his missing
English spouse.
Issue: WON Nolasco has a well founded belief that his wife is
already dead
Held: Filipino seaman failed to conduct a search for the
missing wife with such diligence to give rise a “well-founded
belief” that she was dead.
Walking into the streets of London with the hope of
bumping into his wife is not a sufficient proof of diligence on
the husband’s part. He could have alerted the Police in
London Liverpool and asked their help to locate his wife, yet
RULING: No. The marriage between the respondent and
decedent was solemnized in 1958 where the law in force at
the time was the Civil Code and not the Family Code. Article
256 of the Family Code limits its retroactive effect only to
cases where it would not prejudice or impair vested or
acquired rights in accordance with the Civil Code and other
laws. Since the Civil Code provides that declaration of
presumptive death is not essential before contracting
marriage where at least 7 consecutive years of absence
of the spouse is enough to remarry, then Marietta’s
marriage with Teodorico is valid and therefore she has a
right to claim a portion of Teodorico’s estate.
Republic vs cantor
Respondent and Jerry married on September 20,1997. They
lived together as husband and wife in conjugal dwelling in
South Cotabato.

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Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
On May 21, 2002, or more than four (4) years from the time
of Jerry’s disappearance, the respondent filed before the RTC
a petition4for her husband’s declaration of presumptive
death, docketed as SP Proc. Case No. 313-25. She claimed
that she had a well-founded belief that Jerry was already
dead. She alleged that she had inquired from her mother-in-
law, her brothers-in-law, her sisters-in-law, as well as her
neighbors and friends, but to no avail. In the hopes of finding
Jerry, she also allegedly made it a point to check the patients’
directory whenever she went to a hospital. All these earnest
efforts, the respondent claimed, proved futile, prompting her
to file the petition in court.
ISSUE: W/N the petition for the declaration of presumptive
death should be granted
RULING: NO. Before a judicial declaration of presumptive
death can be obtained, it must be shown that the prior
spouse had been absent for four consecutive years and the
present spouse had a well-founded belief that the prior
spouse was already dead.
Under Article 41 of the Family Code, there are four (4)
essential requisites for the declaration of presumptive
death:
1. That the absent spouse has been missing for four
consecutive years, or two consecutive years if the
disappearance occurred where there is danger of death
under the circumstances laid down in Article 391, Civil Code;
2. That the present spouse wishes to remarry;
3. That the present spouse has a well-founded belief that the
absentee is dead; and
4. That the present spouse files a summary proceeding for the
declaration of presumptive death of the absentee
In the case at bar, the respondent’s "well-founded belief" was
anchored on her alleged "earnest efforts" to locate Jerry,
which consisted of the following:
(1) She made inquiries about Jerry’s whereabouts from her
in-laws, neighbors and friends; and
(2) Whenever she went to a hospital, she saw to it that she
looked through the patients’ directory, hoping to find Jerry.
These efforts, however, fell short of the "stringent standard"
and degree of diligence required by jurisprudence for the
following reasons:
First, the respondent did not actively look for her missing
husband. It can be inferred from the records that her
hospital visits and her consequent checking of the patients’
directory therein were unintentional.
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“SET A GOAL. ENDURE THE PAIN. NEVER GIVE UP. BELIEVE.”
Second, she did not report Jerry’s absence to the police nor
did she seek the aid of the authorities to look for him.
Third, she did not present as witnesses Jerry’s relatives or
their neighbors and friends, who can corroborate her efforts
to locate Jerry. Worse, these persons, from whom she
allegedly made inquiries, were not even named.
Republic vs Tampus
Respondent Nilda B. Tampus was married to Dante L. Del
Mundo on November 29, 1975. Three days thereafter, or on
December 2, 1975, Dante, a member of the AFP, left
respondent, and went to Jolo, Sulu where he was assigned.
The couple had no children. Since then, Nilda heard no news
from Dante. She tried everything to locate him, but her
efforts proved futile. On April 14, 2009, she filed before the
RTC a petition to declare Dante as presumptively dead for the
purpose of remarriage, alleging that after the lapse of thirty-
three (33) years without any kind of communication from
him, she firmly believes that he is already dead.
ISSUE: W/N Dante should be declared presumptively dead
RULING: NO. Before a judicial declaration of presumptive
death can be obtained, it must be shown that the prior
spouse had been absent for four consecutive years and the
present spouse had a well-founded belief that the prior
spouse was already dead.
(4 requisites of Art 41)- refer to Republic vs Cantor
In this case, Nilda testified that after Dante's disappearance,
she tried to locate him by making inquiries with his parents,
relatives, and neighbors as to his whereabouts, but
unfortunately, they also did not know where to find him.
Other than making said inquiries, however, Nilda made no
further efforts to find her husband. She could have called or
proceeded to the AFP headquarters to request information
about her husband, but failed to do so. She did not even
seek the help of the authorities or the AFP itself in finding
him. Considering her own pronouncement that Dante was
sent by the AFP on a combat mission to Jolo, Sulu at the time
of his disappearance, she could have inquired from the AFP
on the status of the said mission, or from the members of
the AFP who were assigned thereto.
LIQUIDATION OF PROPERTIES IN 1ST MARRIAGE
If there is no liquidation and the preset spouse immediately
remarries
 Complete separation of property (Subsequent
marriage)
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
If there is Liquidation
 The parties may agree in the settlement as to what type
of property regime will govern their marital
relationship.
ABSENCE OF MARRIAGE SETTLEMENT
 Absolute Community of Property Regime
IF MARRIAGE IS VOID
 Rules of Co-ownership
PURPOSES OF SUCCESSION
 Absentee shall not be presumed dead till after ABSENCE
OF 10 YEARS .
 IF PARTY DISAPPERED AT THE AGE OF 75: After 5 years
(presumed dead ka na)
Art. 42 The subsequent marriage referred to in the
preceding Article shall be automatically terminated by the
recording of the affidavit of reappearance of the absent
spouse, unless there is a judgment annulling the previous
marriage or declaring it void ab initio .
A sworn statement of the fact and circumstances of
reappearance shall be recorded in the civil registry of the
residence of the parties to the subsequent marriage at the
instance of any interested person, with due notice to the
spouses of the subsequent marriage and without prejudice
to the fact of reappearance being judicially determined in
case such fact is disputed. (n)
 If absent spouse will reappear, the record of his
appearance will terminate subsequent marriage.
 NOTE: ANY INTERESTED PARTY CAN FILE FOR SWORN
STATEMENT OF REAPPEARANCE (Parents, children,
present spouse, and even subsequent spouse of the
present spouse may apply it for you)
B CONTRACTED MARRIAGE WITH C UPON ABSENCE OF A FOR
2 YEARS. NOW, A(SPOUSE OF B) REAPPEARS AND SHE DID NOT
WISH TO FILE FOR AN AFFIDAVIT OR SWORN STATEMENT
WITH CIVIL REGISTER OF THE FACT OF APPEARANCE. Will B’S
MARRIAGE PROSPER WITH C?
 1st marriage with A: Valid bigamous marriage
 2nd Marriage with C : VALID BUT SUBSISTING (see SSS vs
Jarque Vda De Bailon)
B CONTRACTED MARRIAGE WITH C UPON ABSENCE OF A FOR
2 YEARS. NOW, A(SPOUSE OF B) REAPPEARS AND SHE FILED
FOR AN AFFIDAVIT OR SWORN STATEMENT WITH CIVIL
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“SET A GOAL. ENDURE THE PAIN. NEVER GIVE UP. BELIEVE.”
REGISTER OF THE FACT OF APPEARANCE. Will B’s MARRIAGE
PROSPER WITH C?
 1st marriage: Valid (still existing)
 2nd marriage: automatically terminated
Art. 43 The termination of the subsequent marriage referred
to in the preceding Article shall produce the following
effects:
1) The children of the subsequent marriage conceived
prior to its termination shall be considered legitimate
and their custody and support in case of dispute shall
be decided by the court in a proper proceeding;
2) The absolute community of property or the conjugal
partnership, as the case may be, shall be dissolved and
liquidated, but if either spouse contracted said
marriage in bad faith, his or her share of the net profits
of the community property shall be forfeited in favor of
the common children or, if there are none, the children
of the guilty spouse by a previous marriage or in default
of children, the innocent spouse;
3) Donations by reason of marriage shall remain valid,
except that if the donee contracted the marriage in bad
faith, such donations made to said donee are revoked
by operation of law;
4) The innocent spouse may revoke the designation of the
other spouse who acted in bad faith as a beneficiary in
any insurance policy, even if such designation be
stipulated as irrevocable; and
5) The spouse who contracted the subsequent marriage in
bad faith shall be disqualified to inherit from the innocent
spouse by testate and intestate succession. (n)
 Also referred to voidable marriages
IF BOTH PARTIES ACTED IN BAD FAITH (parehas kayo nagloko)
 Subsequent marriage: Void Ab Initio
 Net profits: FORFEITED in favor of COMMON
CHILDREN or CHILDREN of GUILTY SPOUSE or
INNOCENT SPOUSE
*Net Profit: increase in value between the market value of the
community property at the time of the celebration of the
marriage and the market value at the time of its dissolution.
IF ONE OF THE PARTIES ACTED IN BAD FAITH (isa loyal, isa
manloloko)
 Subsequent marriage: VALID
 TESTATE and INTESTATE SUCCESSION: Disqualified to
inherit from innocent spouse (nagloko ka na, so wala ka
ng mana!)
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)

IF DONEE ACTED IN BAD FAITH having disappeared or ceased, such party thereafter
 Donations made by reason of marriage is automatically freely cohabited with the other as husband and wife;
revoked by operation of Law. 5) That either party was physically incapable of
Eg. You obtained a declaration of presumptive death with consummating the marriage with the other, and such
your first spouse although you knew he’s still alive and you incapacity continues and appears to be incurable; or
talked to him prior to obtaining 2nd marriage. = Valid 6) That either party was afflicted with a sexually
subsequent marriage, but donation is REVOKED. transmissible disease found to be serious and appears to be
incurable. (85a)
B CONTRACTED MARRIAGE WITH C UPON ABSENCE OF A FOR
A 2 YEARS. NOW, A(SPOUSE OF B) REAPPEARS AND SHE FILED
FOR AN AFFIDAVIT OR SWORN STATEMENT WITH CIVIL
 Voidable marriage = VALID UNTIL ANULLED
REGISTER OF THE FACT OF APPEARANCE. What would be the
 Can be ratified
effects to the marriage of B and C if they continue to marry?
 Can be attacked directly
 Can only be assailed while the party is alive and not after
 1st marriage: Valid (still existing)
death or either.
 2nd marriage: automatically terminated
 Action prescribes
 Children of subsequent marriage: LEGITIMATE
 Children conceived prior to annulment = LEGITIMATE
 CONJUGAL PARTNERSHIP: Dissolved and liquidated
Complaint for annulment or declaration nullity
Art. 44 If both spouses of the subsequent marriage acted in
 given 15 days from receipt of the summons to file
bad faith, said marriage shall be void ab initio and all
answer.
donations by reason of marriage and testamentary
dispositions made by one in favor of the other are revoked
GROUND PARTY TO FILE THE SUIT PRESCRIPTIVE
by operation of law. (n)
PERIOD
No parental A. Parent or Anytime
IF BOTH PARTIES ACTED IN BAD FAITH IN SUBSEQUENT
consent guardian before the no-
MARRIAGE (parehas kayo nagloko sa second marriage nyo)
consent party
reaches 21
 Subsequent marriage: Void Ab Initio
(Meaning to
 Donations by reason of marriage: Revoked by
say after 21
operation of law
years old-they
are not
Art. 45 A marriage may be annulled for any of the following
allowed to file
causes, existing at the time of the marriage:
for annulment
cases )
1) That the party in whose behalf it is sought to have the
marriage annulled was eighteen years of age or over
but below twenty-one, and the marriage was
B. No consent party Within 5 years
solemnized without the consent of the parents,
after attaining
guardian or person having substitute parental authority
21
over the party, in that order, unless after attaining the
age of twenty-one, such party freely cohabited with the
a. Sane spouse
other and both lived together as husband and wife;
without At any time,
2) That either party was of unsound mind, unless such
knowledge of before death
party after coming to reason, freely cohabited with the
insanity of either party
other as husband and wife;
3) That the consent of either party was obtained by fraud, Insanity b. Relative,
unless such party afterwards, with full knowledge of
guardian, or
the facts constituting the fraud, freely cohabited with
person having
the other as husband and wife;
legal charge of
4) That the consent of either party was obtained by force,
insane person
intimidation or undue influence, unless the same
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Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)

If venereal disease was obtained after the marriage

 NOT A GROUND OF ANNULMENT, BUT CAN BE A

GROUND OF LEGAL SEPARATION.

What if one will continue to cohabit with the other after 21,
can she still file for annulment?

 NO, she’s over 21 years old and she accepted the

c. Insane Spouse During Lucid marriage already because she cohabited with her
(The spouse can file Interval or partner at the present.
for annulment as after regaining
long as he/she is insanity. What if husband want to annul wife due to impotence, but
sane and no they had a child 5 years ago? Can his annulment be granted?
cohabitation  NO, impotence must be continuous and be discovered
happened between at the time of the marriage.
the spouses)
That either party was afflicted with a sexually transmissible
disease found to be serious and appears to be incurable.
 Concealment is not necessary. Meaning at time of
marriage, alam mo na may STD partner mo, it can be a
Fraud Injured Party Within 5 years
ground for Annulment.
from discovery
of fraud NOT
What if your wife got into an accident and as a result, she got
FROM THE
paralyzed and was unable to physically consummate the
TIME OF
marriage. Can you file for annulment?
MARRIAGE!
 No. It was stated that annulment is applied “at the time
Vitiated Injured Party Within 5 years
of the marriage”, therefore, it is not applicable in this
Consent from the time,
case where the physical inability of the wife to
(eg. Shotgun force,
consummate the marriage happened after the marriage
Marriage) intimidation or
was held.
undue
influence
Rule of Triennial Cohabitation: If the wife remains virgin for at
disappeared
least 3 years from the time the spouses started cohabiting, the
or ceased.
husband must show that he was not impotent during the said
Incapability to Injured party Within 5 years
period and the burden will be upon hi, to overcome
consummate/ after marriage
presumption of impotence.
STD ceremony
Article 46. Any of the following circumstances shall
Eg. Impotence
constitute fraud referred to in Number 3 of the preceding
(Physical
Article:
incapability to
1) Non-disclosure of a previous conviction by final judgment
consummate
of the other party of a crime involving moral turpitude;
marriage with
2) Concealment by the wife of the fact that at the time of
the other)
the marriage, she was pregnant by a man other than her
- NO NEED FOR
husband;
CONCEALMENT
3) Concealment of sexually transmissible disease, regardless
of its nature, existing at the time of the marriage; or
- MUST BE
4) Concealment of drug addiction, habitual alcoholism, or
CONTINUOUS
homosexuality or lesbianism existing at the time of the
OR INCURABLE
marriage. No other misrepresentation or deceit as to
character, health, rank, fortune or chastity shall constitute

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Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
such fraud as will give grounds for action for the annulment
of marriage. (86)
 Moral Turpitude – Homicide (If spouse did not disclose
that you at the time of your marriage, it is considered as
FRAUD)
If final judgement is on appeal regarding moral turpitude, can
it be a ground for annulment?
 NO. It must be a CONVICTION ON FINAL JUDGEMENT. If
you know beforehand that your husband has a history
of conviction, you cannot raise it as a ground of
annulment.
What if wife concealed prior to marriage she got pregnant by
other man?
 NO ANNULMENT
 If 4 months pregnant and naturally plump -
Concealment is possible (Aquino vs Delizo)
 EXCEPTION: Apparent features of pregnancy in a
woman who is 7 months pregnant (Buccat vs Buccat)
What if you told your boyfriend “I’m pregnant” because you
wanted to get married and he married you, but you LIED. He
wants to annul the marriage. Is annulment applicable in this
case?
 NO. It is not considered as a fraud.
 NO BAD FAITH IN YOUR PART because no pregnancy to
be concealed HAHA.
What if you got pregnant by another man and your husband
knows it, and you assured it was his when in fact it is not his
child but another man’s child. Can he apply for annulment?
 NO, The said husband cannot be allowed to have his
marriage on this particular fraudulent act by the said
unchaste wife.
 malas si husband if promiscuous ang girl
WHAT IF AT THE TIME OF YOUR MARRIAGE, HUSBAND DID
NOT DISCLOSE THAT HE HAD IMPREGNATED ANOTHER
WOMAN THAN YOU? CAN YOU APPLY FOR ANNULMENT?
 YES! HUSBAND IS LIABLE FOR FRAUD (Go girl!)
What if you find out that your wife is a prostitute, is annulment
applicable in your case?
 NO. No other misrepresentation as stated above.
What if you married a man who you thought is a son of a
billionaire, but a son of a scavenger instead? Can annulment
be granted?
 NO. No other misrepresentations as stated above.
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What if your husband did not disclose his premarital
relationship with another woman prior to your marriage? Is
annulment possible?
 NO. Annulment is not possible and it is not considered
as fraud.
FRAUD: NOT SERIOUS/ CURABLE. GRAVITY WON’T MATTER AS
LONG AS IT EXISTED AT THE TIME OF THE MARRIAGE
PROVIDED IT WAS CONCEALED.
HABITUAL DRUNKARD: persistent habit of becoming
intoxicated
Article 47. The action for annulment of marriage must be fi
led by the following persons and within the periods
indicated herein:
1) For causes mentioned in Number 1 of Article 45, by the
party whose parent or guardian did not give his or her
consent, within five years after attaining the age of twenty-
one; or by the parent or guardian or person having legal
charge of the minor, at any time before such party reached
the age of twenty-one;
2) For causes mentioned in Number 2 of Article 45, by the
sane spouse who had no knowledge of the other’s insanity;
by any relative, guardian or person having legal charge of
the insane, at any time before the death of either party; or
by the insane spouse during a lucid interval or after
regaining sanity;
3) For causes mentioned in Number 3 of Article 45, by the
injured party, within five years after the discovery of the
fraud;
4) For causes mentioned in Number 4 of Article 45, by the
injured party, within five years from the time the force,
intimidation or undue influence disappeared or ceased;
5) For causes mentioned in Numbers 5 and 6 of Article 45,
by the injured party, within fi ve years after the marriage.
(87a)
Article 48. In all cases of annulment or declaration of
absolute nullity of marriage, the court shall order the
prosecuting attorney or fiscal assigned to it to appear on
behalf of the State to take steps to prevent collusion
between the parties and to take care that evidence is not
fabricated or suppressed. In all cases referred to in the
preceding paragraph, no judgment shall be based upon a
stipulation of facts or confession of judgment. (88a)
In what manner will the state intervene?
 By appearance of fiscal of prosecuting atty.
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
 To prevent collusion between parties and take care
evidence.
 NOT DUTY OF FISCAL: to make appear marriage as valid
when in reality the marriage is void
Eg. Evidence shows that time of marriage there was no marriage
license (YOU CANNOT EXPECT FISCAL TO DEFEND YOUR CASE)
Role of fiscal/sol gen
 Make sure that there is no collusion
 make sure that evidence is not fabricated
 Defend a valid marriage
 Expose an invalid marriage
Stipulation of facts
 admission of both parties that the ground relied upon
exists.
 Not recognized by court as an evidence
 EXCEPTION: Case: Cardenas vs Cardenas and Rinen
-First wife filed for an annulment of marriage case with
respect to the subsequent marriage of her husband with
the “second wife” and where, during the hearing, there
was a stipulation of facts entered into by the 1st wife and
the defendants, whereby the parties agreed that the
first wife was married to her husband (one of the
defendant), and where the marriage certificate of the
1st and 2nd marriages were duly attached to the
stipulation of facts.
Confession of judgement
 defendant spouse admits that the ground relied upon is
true.
 Not recognized as an evidence by court.
ANNULMENT CASE
 Can never be terminated upon Compromise agreement.
 Prohibits without actual trial
A compromise agreement between parties on separation of
properties duly approved by court prior to declaration of
nullity of marriage
 VALID
 Not an indicator of collusion
Article 49. During the pendency of the action and in the
absence of adequate provisions in a written agreement
between the spouses, the court shall provide for the support
of the spouses and the custody and support of their
common children. The Court shall give paramount
consideration to the moral and material welfare of said
children and their choice of the parent with whom they wish
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to remain as provided for in Title IX. It shall also provide for
appropriate visitation rights of the other parent. (n)
 Provides for appropriate Visitation Rights to parents
who are not given custody of their children.
What action does the court should take in absence of any
condition?
 The court shall provide for the support of the spouses
and custody and support of their common children
because during pendency of case, the couple is always
separate
Who will be given parental authority by court?
 Court will give paramount consideration to the interest
of the child (parent of choice).
 There are other cases wherein the court will give the
authority to a 3rd person (grandparents).
If both can provide for financial, moral support:
 Below 7 years old - custody is mother
 If child is more than 7 years old – it is the choice of the
child.
 The other parent will be given visitation rights (See Silva
vs Court of Appeals)
Article 50. The effects provided for in paragraphs (2), (3), (4)
and (5) of Article 43 and in Article 44 shall also apply in
proper cases to marriages which are declared void ab initio
or annulled by final judgment under Articles 40 and 45.
The final judgment in such cases shall provide for
the liquidation, partition and distribution of the properties
of the spouses, the custody and support of the common
children, and the delivery of their presumptive legitimes,
unless such matters had been adjudicated in previous
judicial proceedings.
All creditors of the spouses as well as of the
absolute community or the conjugal partnership shall be
notified of the proceedings for liquidation. In the partition,
the conjugal dwelling and the lot on which it is situated,
shall be adjudicated in accordance with the provisions of
Articles 102 and 129. (n)
What are the effects of the automatic termination of
subsequent marriage?
 Non -observance of art 40
 voidable marriage (Art 45)
 Art 43 (Provision about effects of declaration of nullity
of marriage in subsequent marriage)
 Art 44
 Art 43 par 2: absolute community of property
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
 Though the subsequent marriage is void, the property
shall be liquidated as if there is a conjugal partnership.
of gains or absolute community.
 JUDGEMENT FINAL: after lapse of 15 days period to
appeal.
If marriage is annulled declared by art 40?
- Those provided by art 43 par 2,3,4,5,
 Only void marriage of non-observance of art 40. (Void
matter of technicality)
Legitime: portion of 1 estate which is reserve for 1 compulsory
heirs
 Presumptive legitime: to protect children (delivery of
advance inheritance) since the parents are already
separated.
Is it req. in declaration of nullity of marriages like art 36, the
delivery of presumptive Legitime be?
-NO. only applicable to art 40 and 45.
The rule of co-ownership (Art147 and 148)
 applies in all cases of a void marriage other than the
void subsequent marriage that occurs as a result of non-
observance of art.40.
Art. 51 In said partition, the value of the presumptive
legitimes of all common children, computed as of the date
of the final judgment of the trial court, shall be delivered in
cash, property or sound securities, unless the parties, by
mutual agreement judicially approved, had already
provided for such matters.
The children or their guardian, or the trustees of their
property, may ask for the enforcement of the judgment.
The delivery of the presumptive legitimes herein prescribed
shall in no way prejudice the ultimate successional rights of
the children accruing upon the death of either or both of the
parents; but the value of the properties already received
under the decree of annulment or absolute nullity shall be
considered as advances on their legitime. (n)
 Legitime is required to give in advance or deliver in
advance since they still have properties by this time.
How is presumptive legitime computed?
 Common Children
Art. 52 The judgment of annulment or of absolute nullity of
the marriage, the partition and the distribution of the
properties of the spouses, and the delivery of the children’s
presumptive legitimes shall be recorded in the appropriate
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civil registry and registries of property; otherwise, the same
shall not affect third persons. (n)
 Non-observance of art.40 in relation to art 52.
 Failure to record the judicial decree of annulment or
absolute nullity if marriage will render the subsequent
marriage VOID (Art.53)
APPROPRIATE CIVIL REGISTRIES
 The LCR of City or Municipalities where the court that
issued the decision is functioning and also LCR of the city
or the Municipality where marriage was solemnized.
Eg. You got married in Cebu when you’re from Leyte and you
got your declaration of nullity of marriage.
 Register it both in Leyte and in Cebu Civil Registry.
Art. 53 Either of the former spouses may marry again after
complying with the requirements of the immediately
preceding Article; otherwise, the subsequent marriage shall
be null and void. (n)
If a spouse is able to annul or declare a marriage as null and
void but he failed to record the judicial decree with the LCR, to
partition and distribute their properties to deliver the
presumptive legitime of their children
 Any subsequent marriage of either spouses shall be
NULL and VOID! (kaya dapat wag mo kalimutan mag
register!)
Art. 54 Children conceived or born before the judgment of
annulment or absolute nullity of the marriage under Article
36 has become final and executory, shall be considered
legitimate. Children conceived or born of the subsequent
marriage under Article 53 shall likewise be legitimate. (n)
Three instances where a void marriage may produce legitimate
children and they are provided in art 54
 Before the annulment of a voidable marriage became
final.
 Before declaration of nullity of marriage under art 36
became final
 Born on subsequent void marriage under art 53.
What if you got a Judgement on Lower court based on Art 36,
yet the SolGen appealed your case. You and your former
spouse met and conceived a child. What is the status of the
child?
 Child is LEGITIMATE because he judgement is NOT YET
FINAL. IF JUDGEMENT IS FINAL, Child becomes
ILLEGITIMATE.
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
LEGAL SEPARATION
Grounds for Legal Separation:
Art. 55- A petition for legal separation may be filed on any
of the following grounds:
1) Repeated physical violence or grossly abusive
conduct directed against the petitioner, a common
child, or a child of the petitioner;
2) Physical violence or moral pressure to compel the
petitioner to change religious or political affiliation
3) Attempt of respondent to corrupt or induce the
petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance
in such corruption or inducement;
4) Final judgement sentencing the respondent to
imprisonment of more than six years, even if
pardoned;
5) Drug addiction or habitual alcoholism of the
respondent;
6) Lesbianism or homosexuality of the respondent;
7) Contracting by the respondent of a subsequent
bigamous marriage, whether in the Philippines or
abroad;
8) Sexual infidelity or perversion;
9) Attempt by the respondent against the life of the
petitioner; or
10) Abandonment of petitioner by respondent without
justifiable cause for more than one year.
For purposes of this Article, the term “child” shall
include a child by nature or by adoption. (97a)
Legal Separation: “relative divorce”, does not dissolve marriage
as it is nothing more than a separation in bed and board of the
spouses.
 Violence must be repeated to wife, common child or
child of petitioner
What If it’s a child of defendant?
– Not a ground
 Grossly abusive conduct: Words can be more hurting
than physical violence (Eg. Pinapahiya ka ng asawa mo
or being humiliated in public)
 3rd par: victim are wife, common child, and child of
petitioner
 5th paragraph: occurs “during the marriage”
 7th par: concubinage/adultery – sexual infidelity
- Can now be a ground for legal separation.
- No need for criminal conviction
 9th par: Present evidence that there is an attempt in
your life
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 10thpar: without justifiable cause” Abandonment
without the intention of returning.
Eg. A Husband forced his wife to leave him if she won’t
get rid of her child from her former spouse.
A battered woman leaving the conjugal home because she was
maltreated by her husband. Is that considered as a not
justifiable cause?
 YES. Wife leaving her husband is a justifiable cause
therefore it is not abandonment that can be a ground in
legal separation. What the law requires is
“Abandonment without a justifiable cause”that must be
within 1 year or more than that.
Husband having sexual intercourse with a woman other than
his wife
 May be a ground for legal separation
Art. 56 The petition for legal separation shall be denied on
any of the following grounds:
1) Where the aggrieved party has condoned the offense or
act complained of;
2) Where the aggrieved party has consented to the
commission of the offense or act constituting the grounds
for legal separation;
3) Where there is connivance between the parties in the
commission of the offense or act constituting the ground for
legal separation;
4) Where both parties have given ground for legal
separation;
5.) Where there is collusion between the parties to obtain
the decree of legal separation; or
6.) Where the action is barred by prescription. (100a)
 Grounds which can court deny the petition for legal
separation.
 Condonation: forgiveness (pinatawad mo yung
respondent during the duration of the case)
Failure of Husband to look for his wife after he discovered that
she had an affair with another man and she left him.
 NOT CONDONATION. NOT CONSENT.
 Consent: given ahead prior to the commission of the act
or neither party objected.
Eg. Spouse agreed in writing that “we will not live with each
other anymore” w/o judicial declaration – de facto separation
- This consent can be given as an evidence under consent.
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
Husband knew wife is living with another man and instead of
asserting his rights as a husband, he abandoned her instead
 Consent. Husband cannot file for bigamy.
Connivance: Husband and wife both participated to downfall of
the marriage.
Eg. Husband employed agents to induce, persuade, or coerce his
wife in participating in illicit sexual activities.
Collusion: no ground exists , but parties agreed to make it
appear that there is a ground.
 Corrupt agreement
Recrimination or equal guilt
 In pari delicto – equally guilty.
Art. 57 An action for legal separation shall be filed within
five years from the time of the occurrence of the cause
 File within 5 years from the occurrence of the cost.
In year 2005, my husband committed a sexual infidelity and
filed it on 2018. What is the effect?
 The court may deny the petition motu propio. So if
magfile ka ng case ng legal separation about sexual
infidelity (file yung pinka latest within 5 years period
para ma approve ni court)
Art. 58 An action for legal separation shall in no case be tried
before six months shall have elapsed since the filing of the
petition. (103a) (cooling-off period)
 Cooling off period – 6 months
 Designed to give parties enough time to further
contemplate their positions in the end in view of
attaining reconciliation between them.
EXCEPTION OF 6 MONTH COOLING PERIOD :
 VAWC Sec 19 ra 9262 can be dispensed with if ground
separation involves violence against woman or the
child.
 Art. 58 of FC shall not apply.
 The court shall proceed on the main case asap.
COOLING OFF PERIOD
 Violence against women and children includes, but is
not limited to:
1. Physical violence
2. sexual violence
3. Psychological violence
4. Economic violence.
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Considering the extent of the coverage of the VAWC law, it may
be said that all the grounds enumerated final under Art 55
EXCEPT: Meaning those mentioned below di na sya covered by
VAWC.
 Judgement involving more than 6 years of
imprisonment
 Drug addiction or habitual alcoholism
 Lesbianism or homosexuality
Could qualify as acts of violence under VAWC LAW
Effect: setting aside of legal separation for 6 months period
failure to observe
Art. 59 No legal separation may be decreed unless the court
has taken steps toward the reconciliation of the spouses and
is fully satisfied, despite such efforts, that reconciliation is
highly improbable. (n)
Art. 60 No decree of legal separation shall be based upon a
stipulation of facts or a confession of judgement. In any
case, the court shall order the prosecuting attorney or fiscal
assigned to it to take steps to prevent collusion between the
parties and to take care that the evidence is not fabricated
or suppressed. (101a)
Art. 61 After the filing of the petition for legal separation,
the spouses shall be entitled to live separately from each
other. The court, in the absence of a written agreement
between the spouses, shall designate either of them or a
third person to administer the absolute community or
conjugal partnership property. The administrator appointed
by the court shall have the same powers and duties as those
of a guardian under the Rules of Court. (104a)
 They can now leave separately even if the decree is not
yet final
Who will now administer the properties?
 Either of them or a third person to administer the
absolute community or conjugal partnership property.
Art. 62 During the pendency of the action for legal
separation, the provisions of Article 49 shall likewise apply
to the support of the spouses and the custody and support
of the common children. (105a)
Art. 63 The decree of legal separation shall have the
following effects:
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)
1) The spouses shall be entitled to live separately from each
other, but the marriage but the marriage bond shall not be
severed;
2) The absolute community or the conjugal partnership shall
be dissolved and liquidated but the offending spouse shall
have no right to any share of the net profits earned by the
absolute community or the conjugal partnership, which
shall be forfeited in accordance with the provisions of
Article 43(2);
3) The custody of the minor children shall be awarded to the
innocent spouse, subject to the provisions of Article 213 of
this Code; and
4) The offending spouse shall be disqualified from inheriting
from the innocent spouse by intestate succession.
Moreover, provisions in favor of the offending spouse in the
will of the innocent spouse shall be revoked by operation of
law. (106a)
 properties you acquire will still be a common property
if no decree of legal separation
 In case innocent spouse wanted to revoke a donation,
she must file action for revocation within 5 years from
the time the decree of legal separation has become
final.
 BENEFIT par 2: once decree of legal separation is
granted, their properties will be divided. What they
acquire exclusively will be theirs. (What I acquired
during marriage, wala na labot si husband)
 Offending spouse : net profit will be anymore given to
him/her.
Brigido b. Quiao bs Rita quiao, et. Al
GR No. 176556, July 4, 2012
a. The couple’s prop. Relation is governed by the system
if relative community or conjugal partnership of gains
since hey got married on jan 6, 1977 prior to the
effectivity of FC and they did not agree on a marriage
settlement.
b. Since at the time of legal separation in 2002 (FC is
always effective), the operative law is already FC, the
same applies in the instant case.
 Note: husband did not appeal, but he filed a motion
for clarity in regards of property. He questioned “
Why didn’t I get anything? CONJUGAL PROPERTIES
sila during marriage!”
 Judge said : “ all net profits are not benefitted by the
guilty spouse”
44 | P a g e
“SET A GOAL. ENDURE THE PAIN. NEVER GIVE UP. BELIEVE.”
 Note : at time of their marriage, wala silang
community property. Lahat ng properties nila
acquired during marriage. Conjugal lahat!
 If you are the offending spouse, even if you have the
capacity to provide for the child, you are forfeited for
the custody, but you have visitation rights.
 Only innocent spouse can inherit thru intestate ,
testate successions.
Assuming that during the good relationship of innocent spouse
and guilty spouse, there is a last will and testament that says
“No revocation at all”. Upon the death of innocent spouse, can
offending spouse inherit?
 NO, revoked by operation of law.
 As innocent spouse, kung love mo si offending spouse,
kahit na niloko ka nya, Execute last will and testament,
after decree para valid!
Art. 64 After the finality of the decree of legal separation,
the innocent spouse may revoke the donations made by him
or by her in favor of the offending spouse, as well as the
designation of the latter as a beneficiary in any insurance
policy, even if such designation be stipulated as irrevocable.
The revocation of the donations shall be recorded in the
registries of property in the places where the properties are
located. Alienations, liens and encumbrances registered in
good faith before the recording of the complaint for
revocation in the registries of property shall be respected.
The revocation of or change in the designation of the
insurance beneficiary shall take effect upon written
notification thereof to the insured. The action to revoke the
donation under this Article must be brought within five
years from the time the decree of legal separation has
become final. (107a)
Why necessary to register?
 To bind upon 3rd persons.
 Example: Magbenta ka ng property sa iba during legal
separation, register mo na kaagad para walang sabit!
*registration – binding upon the whole world/ notice
that the party is bind to the revocation of law.
 Prescriptive period: 5 years from the decree of finality.
Art. 65 If the spouses should reconcile, a corresponding joint
manifestation under oath duly signed by them shall be filed
with the court in the same proceeding for legal separation.
(n)
Reviewer by: Lorebeth España Persons, Family & Relations | Atty. Cora Evangelista-Valencia |S.Y. 2018 (1st sem)

 Not allow to remarry in legal separation  Upon reconciliation: they may revive to agree their
 If they want to reconcile – file a manifestation. property regime or create new agreement property
 If case happened before final decree (reconciliation), regime.
legal separation will be terminated.  SC cannot amend Family code. They can only revive
property regime.
Art. 66 The reconciliation referred to in the preceding article  Property relations gov the parties shall commence at
shall have the following consequences: 1) The legal the time of the celebration of the marriage.
separation proceedings, if still pending, shall thereby be
terminated in whatever stage; and 2) The final decree of
legal separation shall be set aside, but the separation of
property and any forfeiture of the share of the guilty spouse
already effected shall subsist, unless the spouses agree to
revive their former property regime.

The court’s order containing the foregoing shall be recorded

in the proper civil registries. (108a)

 Once final decree is granted, the property relations

governing them will be SEPARATION OF PROPERTIES
unless they agree to REVIVE BUT WHAT HAS BEEN
FORFEITED, WILL BE FORFEITED! BAWAL NA ISAULI

Art. 67 The agreement to revive the former property regime

referred to in the preceding article shall be executed under
oath and shall specify: 1) The properties to be contributed
anew to the restored regime; 2) Those to be retained as
separate properties of each spouse; and 3) The names of all
their known creditors, their addresses and the amounts
owing to each.

The agreement of revival and the motion for its approval

shall be filed with the court in the same proceeding for legal
separation, with copies of both furnished to the creditors
named therein. After due hearing , the court shall, in its
order, take measures to protect the interest of creditors and
such order shall be recorded in the proper registries of
property.

The recording of the order in the registries of property shall

not prejudice any creditor not listed or not notified, unless
the debtor spouse has sufficient separate properties to
satisfy the creditor’s claim. (195a, 108a)

 WHAT ARE THE PROPERTIES SHOULD WE

CONTRIBUTE?
 GAWA KAYO NG BAGONG AGREEMENT OF REVIVAL
THEN FILE IT I N COURT?
 Appendix – nullity of marriage in sta maria book.

Legal separation

45 | P a g e
“SET A GOAL. ENDURE THE PAIN. NEVER GIVE UP. BELIEVE.”