PROVISIONS

Provision What it contains

MARRIAGE
FC 1 Marriage is a special contract
Not subject to stipulation
Wassmer v. Velez Mere breach of promise to marry is not an actionable wrong.
But to go through preparations to walk out when matrimony is
about to be solemnized is different.
FC 2 Essential Requisites
FC 3 Formal Requisites
FC 5 18 years old and above maycontract marriage if not under
impediment in FC 37 and 38
FC 6 No prescribed ceremony is required.

Declaration that they take each other as husband and wife must
be contained in marriage certificate which shall be signed by
contracting parties and their witnesses and attested by
solemnizing officer.
FC 8 Where marriage shall be publicly solemnized
FC 29 Marriages performed in articulo mortis or remote places
FC 7 Who may solemnize marriage
LGC 444-455 Municipal and City mayors can solemnize
FC 7, 31,32 Who may solemnize in articulo mortis
FC 7, 10 Who may solemnize abroad
FC 9 Marriage license issued by local registrar of city or municipality
is required
FC 11 Each contracting party should file separately
FC 14 Anyone between 18-21 -> written consent by parent or guardian
FC 15 21-25, advice from parents or guardians

If not obtained, ML only released 3 months after publication of

application
FC 21 Either or both parties, foreign nationals -> certificate of legal
capacity to contract marriage issued by diplomatic or consular
official before marriage license obtained
Exceptions to obtaining ML
FC 27 Marriage in articulo Mortis
FC 31 Between passengers or crew members in ship or airplane
FC 32 Persons within a military zone
FC 28 Marriage in remote places
FC 33 Marriages by Muslims and ethnic cultural minorities
FC 34 Marriages by parties who cohabited for at least 5 years without
legal impediment to marry

FC 22 What is in the marriage certificate

Tenebro v. CA Marriage certificate -> best evidence that marriage exists
LAWS GOVERNING VALIDITY OF MARRIAGES ABROAD
NCC 17 As to form, governed by laws of country where they were
executed
LEX LOCI CELEBRACIONIS
NCC 15 As to substantive requirements, laws on fam rights and duties,
status, condition and legal capacity of persons, etc. (intrinsic
LEX NATIONALII things) -> bind all Filipinos regardless of location

1 | B.M. ZAMORA
 FC 26 (1) Marriages solemnized abroad in accordance with laws in force
in that country are valid here
FC 26 (2) If foreign spouse obtains valid divorce decree abroad which
capacitates him/her to remarry, Fil. Spouse can have capacity to
marry under PH law

If the foreign spouse wants to marry here again -> prove

divorce, certificate of legal capacity
Republic v. Manalo Filipino can obtain divorce -> now valid
VOID MARRIAGES
Trinidad v. CA Absence of marriage certificate is not proof of absence of
marriage
FC 4(1) Absence of any essential or formal requisites shall render the
marriage void ab initio
FC 35 (1) Below 18
Void marriages are: (2) Solemnized by any person not legally authorized to
perform marriages unless contracted with either or both
parties believing in good faith (This is mistake of fact
and not law)
(3) Without ML
(4) Bigamous or polygamous not under FC 41
(5) Mistake of identity
(6) Void under 53
FC 40 Subsequent marriage without judicial declaration of nullity of
first void marriage
FC 41 Failure to obtain judicial declaration of presumptive death
before subsequent marriage
FC 44 If subsequent marriage after presumptive death is conducted in
bad faith
FC 41 Requirements for subsequent marriage to be valid when prior
spouse is absent -> ordinary and extraordinary
NCC 391 Danger of death

Extraordinary absence
FC 42 Subsequent marriage automatically terminated with affidavit of
reappearance UNLESS previous marriage is annulled or void
ab initio.
NCC 390 7 year absence -> presumed dead except succession (10 years
pag ganun)
FC 36 Psych incapacity
Republic v. Molina Burden of proof to plaintiff
Root cause is medically identified, in complaint, proven
Incapacity -> at time of the celebration of marriage even if it
only manifests after
Permanent/incurable
Grave enough
Essential marital obligations cannot be performed (FC 68-71)
Interpretations my NAMT of Church is persuasive in effect
Must order fiscal to appear as counsel for the state, pwede ring
SolGen or prosecutor
Chi Ming Choi v. CA Can but won’t -> psych incap
FC 37 Incestuous marriages

Ascendants-descendants
Brothers and sisters, legit or illegit, full or half
FC 38 Against public policy (collateral up to 4th civil degree)

May iba pa, andami e.

BUT step and step can marry kasi di nakaenumerate here.

2 | B.M. ZAMORA
 FC 53 Subsequent marriages if non-recording in Art 52 = void (bc Art.
52: the same shall not affect 3rd parties)
FC 52 Judgment of annulment or declaration of nullity shall be
recorded in civil registrar
FC 43 (USE FC 50 TO APPLY THIS TO OTHER TYPES) Effects of termination of subsequent marriage (bigamous
marriage)
A.M. 02-11-10-SC Only the husband or wife can file petition.

Only to proceedings after March 15, 2003 No motion to dismiss

FC 48 (2) No stipulation of facts or confession of judgment in judgment of
annulment or declaration of nullity.
FC 49 Effect of pendency of action for declaration of nullity
FC 50 Effects in 43 (2, 3, 4 and 5) and 44 also apply to void under 40
and 45.

UNLESS adjudicated in previous judicial proceedings

FC 51 Presumptive legitime computed as of the day of the final
judgment unless properties, mutually approved judicial
agreement, provided for such
FC 54 LEGITIMATE CHILDREN IF

Born under 53
36
VOIDABLE MARRIAGE
FC 14 18-21, consent exhibit to local civil reg, in writing, personal
manifestation, 2 witnesses

ONLY IF WALANG PREVIOUS MARRIAGE

FC 4 Defect in any of essential requisites renders marriage voidable
in 45
FC 45 BIBLE PROVISION FOR VOIDABLE
FC 45 (3) Consent obtained through fraud but only those enumerated
under FC 46
FC 46 Circumstances constituting fraud.

Re crime: importante na MORAL TURPITUDE AT

CONVICTION

If STD concealed -> no need to be serious

Buccat v. Buccat Wife gave birth 3 months after marriage and husband filed for
annulment and said it was concealed. Court held that they
cannot believe H because how could he not notice his wife
was 6 mos pregnant?
FC 45 (6) IMPOTENCY not sterility

Spouse must not be aware of impotency at time of marriage

Also cannot be ratified

Jimenez v. Canizares Refusal of wife to be examined does not presume impotency
FC 45 (7) STD -> cannot be reatified
LAW ON SEPARATION OF THE SPOUSES
FC 239 Separation in fact
FC 61 Separation de jure -> after filing, live separately from each other
LEGAL SEPARATION
FC 55 GROUNDS FOR LEGAL SEPARATION
FC 57 Action for legal sep must be filed within 5 years from
occurrence

3 | B.M. ZAMORA
 1 act = 1 offense of that prescription period is new for every
offense
People v. Zapata and Bondoc Adultery is not a continuing crime

Bawat offense -> five years

RA 9262 Crimes against it

55(8, 9, 10)
101 (3)
FC 56 GROUNDS FOR DENYING LEGAL SEP AKA
DEFENSES
FC 58 Cannot be tried before six months elapsed since filing of
petition
RA 9262, SECTION 19. EXCEPTIONS TO FC 58 (no cooling period, dapat ASAP)

FC 55 (1), (2), (3), (9)

Maybe (10)
FC 59 Cannot be tried unless court attempted to reconcile spouses

Except support pendente lite and custody of children

Somosa v. Vamenta Jr Allowed to discuss property, management of property can be
discussed -> transferred without need for trial, as well as
administration
FC 60 No decre of legal sap can be based on stip of facts or confe of
judgment

Only if solely based on these. If other grounds used, not

applicable.
FC 61 (1) Once action is filed -> entitled to live separately
FC 61 (2) Admin of comm or conjugal property, court shall designate one
of them or 3rd party to administer
FC 63 EFFECTS OF LEGAL SEP
FC 64 Innocent spouse can revoke his or her donations to guilty spouse

Prescription period of 5 years

FC 65 RECONCILIATION

Joint manifestation under oath duly signed and filed with court
in same proceeding for legal sep
FC 66 Effects of reconciliation
FC 67 Agreement to revive former property regime

In same proceeding for legal sep

PROPERTY RELATIONS OF SPOUSES

DONATIONS
FC 82 Donations by reason of marriage:
-made before its celebration
-in consideration of the same
-in favor of one or both of the future spouses

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 FC 84 Void if more than 1/5 of their present property, if they agree on
a regime other than ACP
FC 86 GROUNDS FOR REVOCATION
NCC 765 (Still under ground for revocation) Ingratitude
FC 43 (3) Donations by reason of marriage shall remain valid EXCEPT if
the donee contracted marriage in bad faith -> even if condoned,
donation propter nuptias is forfeited.

[This only refers to subsequent marriage in the absence of the

first spouse. Use Article 50 to apply this to other void or
voidable marriages.]
FC 50 Effects provided for in 43 (2), (3), (4) and (5) and by 44 shall
also apply to marriages that are void ab initio or annulled
by final judgment under FC 40 and 45.
FC 87 Donations during marriage are void (inter vivos)

EXCEPTION: Moderate gifts

Also applies to those without valid marriage

ABSOLUTE COMMUNITY OF PROPERTY
FC 80 PH Laws govern unless otherwise stipulated in MS
FC 89 No waiver of rights, shares and effects can be made except in
judicial sep
FC 88 Begins at the precise moment of the celebration of the marriage
FC 91 Includes property owned by spouses at time of marriage or
acquired thereafter
FC 95 Winnings in ACP; Losses are not
FC 93 Properties acquired during the marriage -> ACP
FC 94 Charges and obligations
FC 95 Gambling losses not part; winnings are part
FC 96 Administration joint; disagreement -> husband prevails; but
wife can have recourse to court within 5 years from contract
FC 97 May dispose of interest in will – ONLY HIS OR HER
SHARE
FC 98 Donation without consent of the other -> not allowed
Cheeseman v. IAC Fil. Spouse may encumber or dispose of the property without
consent of the former. Property is presumed to be owned
exclusively by Fil. Spouse.
FC 99 TERMINATION
FC 103 Termination by death -> liquidated

No judicial settlement proceeding -> liquidation within one year

of death

No liquidation in 1 year -> any disposition or encumbrance is

void
FC 63 Termination by legal sep

(2) Offending spouse no right to share of net profis of

ACP/CPG
FC 50 -> FC 43 (2) Termination by annulment or declaration of nullity

Bad faith spouse -> share of net profits -> forfeited

FC 100 Separation in fact -> no effect to ACP except

-spouse who leaves conjugal home -> not supported

-if consent is required to any transaction -> obtain summary
judicial proceeding
-absence of sufficient community property -> separate property
solidarily liable
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 FC 101 ABANDONMENT
FC 102 PROCEDURE
FC 104 Liquidation for two or more marriages
CONJUGAL PARTNERSHIP OF GAINS
FC 106 WHAT IT CONSISTS OF

Fruits of separate properties

Acquired by chance
Acquired through their efforts
FC 117 Specific properties

117(1) acquired by onerous title during marriage at expense of

common fund w/n for only one spouse except acquired by
right of redemption by barter or by exchange with property
belonging only to one spouse
FC 117 (4) Hidden treasure is conjugal
FC 109 (3) Exception to 117 (1)

Right to redemption is exclusive

Mendoza v. Reyes Loans during marriage -> conjugal
And any property acquired therefrom
FC 118 Property paid installment, paid by (partial) exclusive properties
and (partial) conjugal funds IF full ownership vested during
marriage -> CONJUGAL
If before -> EXCLUSIVE

Any amount advanced by CPG by either or both spouses ->

reimbursed upon liquidation
FC 120 IMPROVEMENTS
FC 116 All property acquired during marriage -> presumed conjugal
even though only registered under the name of one spouse
FC 121 LIABILITIES
FC 122 Ante-nuptial debt (not falling on 121 (7) ) or debt by either one
of them only during marriage cannot be charged unless for the
benefit of family
If liable spouse has no exclusive property/insufficient, may be
charged after responsibilities in 121 -> but charged upon
liquidation
FC 123 Gambling losses -> separate
Winnings -> conjugal
FC 124 ADMINISTRATION

(2) Disposition or encumbrance requires

-authority of court; or
-written consent

void – if absent
FC 126 TERMINATION
FC 127 Separation in fact
FC 128 Abandonment
Partosa-Jo v. CA Physical separation of the spouses coupled with the husband’s
refusal to give support can constitute abandonment as ground
for action for judicial separation of conjugal property
FC 129 Procedure
FC 130 Liquidation by termination by death
FC 131 Liquidation for two or more marriages

JUDICIAL SEPARATION OF PROPERTY

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 FC 134
FC 135
FC 141
FC 141
FC 103 (ACP)
FC 130 (CPG)
PROPERTY REGIMES OF UNIONS WITHOUT MARRIAGE
FC 147 (SPECIAL CO-OWNERSHIP)
Marriages under 147:
35 (2) – without officer, good faith
35 (3) – without license
35 (5) – mistake of identity
36 – psychological incapacity
35 (6) under FC 53
FC 148 (LIMITED CO-OWNERSHIP)
Marriages under 148:
35 (1)- below 18
35 (4) – bigamous
37 – incest
38 – against public policy
non-exclusive cohabitation
Villanueva v. CA
FAMILY HOME
FC 152
FC 156
FC 161
FC 153
FC 155
FC 154
FC 150
FC 151
FC 158 (Ma’am: Bad provision)
Patricio v. Dario
If not expressly declared in marriage settlement, separation of
property during marriage shall not take place except by judicial
order.
SUFFICIENT CAUSES FOR JUDICIAL SEPARATION
OF PROPERTY
GROUNDS FOR RETURN TO PREVIOUS REGIME
No voluntary sep of property may be granted after revival
Judicial sep mandatory in subsequent marriage without judicial
settlement of previous property
Judicial sep mandatory in subsequent marriage without judicial
settlement of previous property
Living together, no legal impediment to marry
Salaries and wages in equal shares
Presumption of joint effort
Neither party can incumber without the consent of the other
If only one party is in good faith -> bad faith spouse forfeits
share in favor of common children
Property acquired through exclusive funds remains exclusive IF
PROVEN
With legal impediment to marry
Salaries and wages are separately owned
Property acquired through exclusive funds remains exlusive
Properties acquired by work -> owned in common in proportion
to contrib
NO PRESUMPTION OF JOINT ACQUISITION
If one party is married -> his/her ACP/CPG in valid marriage
Bad faith, not married -> same as forfeiture in 147
Transfer of certificate and tax declarations are not sufficient
proof of joint contribution
Jointly constituted by spouses or an unmarried head of the
family
House + land
Must be part of ACP/CPG or exclusive property of either spouse
with the other’s consent
A person may constitute or be the beneficiary of ONLY ONE
HOME
Constituted from time it is occupied as family residence
Exempt from: Execution, forced sale, attachment
EXCEPTION TO EXEMPTION
BENEFICIARIES
FAMILY RELATIONS
No suit shall prosper unless it appears that all earnest efforts to
have a compromise were made
Requirements for the sale, alienation, donation, assignment, or
encumbrance of family home
Occupancy of the family home must be actual; may not be
owners but beneficiaries in Article 154, including in laws if
instituted by husband and wife.
Excludes maids and overseers.
7 | B.M. ZAMORA
 FC 159 Shall continue despite the death of one or both spouses or
unmarried head for TEN YEARS OR for as long as there is a
minor beneficiary
Arriola v. Arriola Wait 10 years before petitioning
Eulogio v. Bell To warrant execution of sale of family home under FC 160,
establish:

-increase in actual value

-increase resulted from voluntary improvements
-increase in actual value exceeded maximum limit allowed by
FC 157
PATERNITY AND FILIATION
FC 163 By nature or adoption

Natural – legitimate or illegitimate

LEGITIMATE CHILDREN
FC 164 Children conceived or born during the marriage of the parents
are legitimate.

Insemination with ratification and authorization -> legitimate

FC 54 LEGITIMATE CHILDREN in void marriage

FC 167 Child is legitimate although mother declared against it or

mother may have been sentenced as adulteress

Also applies to rape

FC 168 If marriage is terminated and mother contracted another within
300 days after termination of former marriage

BEFORE 180 DAYS of subsequent marriage, within 300 days

of termination of first marriage -> child is legitimate child of
first marriage

AFTER 180 DAYS of subsequent marriage, even after 300 day-

period from termination of first marriage -> child is born to
second marriage
FC 169 Legitimacy/illegitimacy of child born after 300 days -> burden
of proof is on whoever alleges status
IMPUGNING LEGITIMACY
FC 170 PRESCRIPTIVE PERIODS
FC 171 Grounds: heirs may impugn within the prescriptive periods
FC 166 GROUNDS FOR IMPUGNING LEGITIMACY
Benitez-Badua v. CA Only the man (and his heirs) can impugn legitimacy of the child.
Sayson v. CA Legitimacy can only be attacked directly
Agustin v. CA DNA evidence can be used as proof of paternity
PROOF OF FILIATION
FC 172 WHAT ESTABLISHES FILIATION (Primary and
secondary)
FC 173 Action for claiming filiation

Child -> during his or her lifetime

If minor child dies -> action goes to heirs

8 | B.M. ZAMORA
 FC 174 Rights of Legitimate Children
ILLEGITIMATE CHILDREN
FC 165 Children born outside a valid marriage are illegitimate
FC 175 Illegitimate children may establish their illegitimate filiation in
the same way as legitimate children

Within same period in FC 173 except if based on secondary

evidence (FC 172); then it is during lifetime of parent.
De Jesus v. Estate of Decedent Juan Gamboa Dizon Due recognition of illegitimate child in a record of birth, will,
statement before a court of record or any authentic writing =
consummated act of acknowledgement of the child

QUASI CONCLUSIVE PRESUMPTION OF

LEGITIMACY
JISON V. CA School records were inadmissible to prove paternity but
admitted as part of testimony that the father spent for her
education; able to prove open and continuous possession of the
status of an illegitimate child by mere preponderance of
evidence.
Perla v. Baring There must be evidence of manifestation of intention of the
father to consider the child as his to prove open and continuous
possession of status as an illegitimate child.
Dela Cruz v. Gracia There was an admission but it was not signed. Filiation was
proven through the handwritten autobiography of the father and
Affidavit of Acknowledgment of the paternal grandfather +
testimonies
Gotardo v. Buling Prima facie case exists If a woman declares that she had sexual
relations with the putative father.

Defenses for the father:

-incapability of sexual relations with the mother
-mother had sex with other men
FC 176 Illegitimate children shall use surname of their mother; PA of
the mother; entitled to support

Legitime is ½ of the legitime of a legitimate child

Grande v. Antonio “may’ in FC 176 shows that an acknowledged illegitimate child
is under no compulsion to use surname of illegit father; confers
discretion on illegit children
LEGITIMATED CHILDREN
FC 177 as amended by RA 9858 Children can be legitimated if conceived and born outside of
wedlock of parents who were NOT disqualified to marry each
other or only disqualified because not yet 18.
FC 178 Legitimation -> subsequent marriage
Annulment of voidable marriage does not affect legitimation
FC 180 Effects of legitimation retroacts to child’s birth
FC 181 Legitimation of child who dies before celebration of marriage
shall benefit descendants.
FC 179 Rights are same as those of legitimate children
FC 182 May be impugned only by those who are prejudiced
Within 5 years from time cause of action accrues
ADOPTION
DOMESTIC ADOPTION (RA 8552)
SECTION 8 Who may be adopted
SECTION 7a Who may adopt: Filipino citizens

9 | B.M. ZAMORA
 SECTION 7b Who may adopt: Aliens
Section 7 H and W must jointly adopt. Exceptions are under here as well
RA 9523 Administrative Proceedings

ONLY DSWD CAN ISSUE CERTIFICATION

DECLARING CHILD TO BE LEGALLY ADOPTED
SECTION 12 Temporary parental authority is vested in prospective adopter
SECTION 9. Consent erquired

SECTION 20. Transfer of PA

SECTION 16. Termination of PA from biological parents except in cases
where bio parent is spouse of adopter
FC 189 EFFECTS OF ADOPTION
Bartolome v. SSS If adopter dies when minor is adopted -> PA of bio parent
restored
SECTION 17. Legitimate child of the adopter/s -> entitled to all rights and
obligations without discrimination of any kind.
SECTION 18. Reciprocal rights in succession

If will is left -> law on testamentary succession shall govern

FC 190 (2) Biological parents’ succession rights remain -> half of the estate
to each
SECTION 13. Retroactive effect of the Decree

After publication, effective as of the date orig petition was filed.

Tamargo v. CA No retroactive effect on liability on adopters when they had no
actual or physical custody over the adoptied child
SECTION 19 Only the adopted can rescind.Adopter can disinherit.

GROUNDS FOR RESCISISION.

SECTION 20 EFFECTS OF RESCISSION.
INTER-COUNTRY ADOPTION (RA 8043)
SECTION 2 ICA resorted to if domestic adoption not available
SECTION 8 Who may be adopted
SECTION 9 Who may adopt
SECTION 9(b) If married, must jointly file.
SECTION 10 ICAB

Written consent of adopter’s children

SUPPORT
FC 194 WHAT SUPPORT IS COMPRISED OF

Educ is beyond age of majority

FC 195 WHO ARE OBLIGED TO SUPPORT EACH OTHER
FC 196 Illegitimate brothers and sisters except when need for support of
one is due to a cause imputable to his or her own fault or
negligence
FC 197 Only separate property of person obliged to give support ->
illegitimate child unless no separate property
FC 199 ORDER OF SUPPORT if there are multiple obligors

10 | B.M. ZAMORA
 FC 200 In case of urgent need -> judge may order only one to furnish
support without prejudice to reimbursement from other obligors
their share
FC 206 When stranger gives support without knowledge of person
obliged -> stranger can claim for person obliged unless not
intended to be reimbursed

QUASI-CONTRACT
FC 207 Right to reimbursement of 3rd party who gives support when
person obliged unjustly refuses to fails to give it
FC 208 GIVEN BY WILL/CONTRACTUAL SUPPORT

Excess amount beyond required for legal support -> subject to

levy or attachment
FC 201 Amount of support shall be proportional to resources or means
of giver and needs of recipient
FC 202 Shall be reduced or decreased proportionally
FC 203 Demandable from the time the person who has right to receive
the same needs it for maintenance.

Shall not be paid except from date of judicial OR EXTRA-J

demand.

Payment within first 5 days of each corresponding month;

recipient dies -> heirs shall not be obliged to return what was
received in advance.
FC 205 Shall not be levied upon on attachment or execution
PARENTAL AUTHORITY AND CUSTODY OF CHILDREN
FC 209 What PA includes
FC 210 May not be renounced or transferred
FC 211 Joint exercise of PA
FC 176 By mother if child is illegit
FC 212 In case one parent is absent or already dead -> present or
surviving parent.

Remarriage of the surviving parent does not affect PA of

children unless court appoints another
FC 214 Substitute PA = surviving grandparent
FC 215 No descendant shall be compelled to testify against parents and
grandparents in a crim case

Except if indispensable or crime by one parent against the other

FC 213 Tender Age presumption
Cervantes v. Fajardo Compelling reasons for custody to be granted to the father
FC 216 SUBSTITUTE PA
FC 217 SUB PA over disadvantaged children (eg foundlings,
abandoned, neglected, abused children, etc.)
FC 218 Persons exercising special PA
FC 219 Liability
FC 225 Legal guardianship over unemancipated common child’s
property WITHOUT court appointment
FC 226 Adventitious Property
FC 227 Profectitious Property

11 | B.M. ZAMORA
FC 228 Termination of PA
FC 232 Termination w/ court order
FC 229 CAN become permanent BUT unless subsequently revived
EMANCIPATION
FC 234 At age of majority -> 18 years
SUMMARY JUDICIAL PROCEEDINGS
FC 238 Procedural rules here shall apply to sep in fact, abandonment,
PA incidents
FC 239 Verified petition required when sep in fact; abandoned the other
FC 240 Claim for damages in separate action
FC 241 Jurisdiction
FC 242 Notification
FC 243 Procedure
FC 246 Summary hearing if not resolved in initial hearing
FC 244 In case of non-appearance
FC 245 Court may proceed ex parte
FC 247 Judgment shall be final and executory
FC 248 Petition to encumber and administer specific separate property
of abandoning spouse and use fruits or proceeds
SURNAMES
NCC 364 Legitimate and legitimated children -> surname of father
NCC 365 Adopted child -> surname of adopter

NOT that which she acquired by marriage

NCC 366 Natural child acknowledged by both parents -> surname of the
father

If only one recognizing parent -> surname of recognizing parent

NCC 367 By legal fiction -> surname of father
NCC 368 Illegit in 287 -> surname of mother
NCC 369 Children conceived before annulment of voidable marriage ->
surname of father
NCC 371 Annulment -> wife is guilty party -> resume maiden name and
surname

If innocent -> may choose to continue former husband’s

surname unless married again siya to another person or yung
husband.
NCC 372 Legal separation granted -> wife shall continue using name and
surname before legal sep
NCC 373 Widow
NCC 377 Usurpation of name and surname may be subject of action for
damages and other relief
NCC 378 Unauthorized or unlawful use of another person’s surname ->
right of action to the latter
PRESUMPTION OF SIMULTANEOUS DEATH
NCC 43 Presumption of simultaneous death
FC 41 During subsisting marriage -> unless absent for 4 consecutive
years and well founded belief
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NCC 391 (Exception) Extraordinary absence
Exception to Exception Person disappears from domicile, unknown whereabouts
NCC 381
NCC 384 Two years without news of the absentee
Five years in case absentee has left person in charge of admin of
property

Absence declared
NCC 385 Who can ask for declaration
NCC 386 Judicial declaration of absence -> not take effect until six
months after publication in newspaper of general circ
NCC 388 Administratix wife cannot alienate or encumber husband’s
property or that of CPG WITHOUT JUDICIAL AUTHORITY
NCC 389 Administration shall cease when….
NCC 390 Presumption of death after absence of 7 years -> presumed dead

10 years if succession
75 -> 5 years for succession enough
NCC 391 Extraordinary absence (only 4 years)
NCC 392 Absentee recovers property
FUNERALS
NCC 305 ORDER OF MAKING FUNERAL ARRANGEMENTS

13 | B.M. ZAMORA