Persons

San Beda College of Law
MEMORY AID IN CIVIL LAW
PERSONS AND FAMILY RELATIONS
I. NEW CIVIL CODE GENERAL RULE: Acts which are

 took effect on August 30, 1950 contrary to mandatory or prohibitory
laws are void.
Effectivity of laws
GENERAL RULE: Laws take effect 15
days following the completion of its
publication EXCEPTIONS:
EXCEPTION: Unless otherwise provided 1. When the law itself authorized
by the law. This refers to the 15 day its validity (ex. lotto,
period and NOT to the requirement of sweepstakes)
publication. (Tanada vs. Tuvera) 2. When the law makes the act only
voidable and not void (ex.
NOTE: Administrative rules and voidable contracts where
regulations must also be published if consent is vitiated)
their purpose is to enforce or implement 3. When the law makes the act
existing laws pursuant to a valid valid but punishes the violator
delegation. The publication must be in (ex. marriage solemnized by a
full since its purpose is to inform the person without legal authority)
public of the contents of the law. (Phil.
Int’l Trading Corp. vs. Angeles) Waiver of rights
 Requisites: (EKI)
Ignorance of the law excuses no one 1. Existence of a right
 considered a CONCLUSIVE 2. Knowledge of the existence of a right
presumption and applies only to 3. Intention to relinquish the right
mandatory and prohibitory laws.
(Consunji vs. CA) GENERAL RULE: Rights can be waived.
EXCEPTIONS:
Non-retroactivity of laws 1. If the waiver is contrary to law,
GENERAL RULE: Laws have no public order, public policy,
retroactive effect. morals or good customs (LPPMG)
EXCEPTIONS: (UCIPELT) 2. If the waiver is prejudicial to a
1.Unless the law otherwise provides third party with a right
2. Curative statutes recognized by law.
3. Interpretative statutes
4. Procedural/remedial NOTE: A stipulation requiring the
5. Emergency laws recipient of a scholarship grant to waive
6. Laws creating new rights his right to transfer to another school,
7. Tax laws unless he refunds the equivalent of his
EXCEPTIONS TO THE EXCEPTIONS: scholarship in cash is null and void. The
1. Ex post facto laws school concerned obviously understands
2. Laws that impair obligation of scholarship awards as a business scheme
contracts designed to increase the business
potential of an educational institution.
Acts Contrary To Law Thus, conceived, it is not only
inconsistent with sound policy, but also
CIVIL LAW COMMITTEE

 CHAIRPERSON: Romuald Padilla  ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad  EDP: Alnaiza Hassiman, Dorothy Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
2 2005 CENTRALIZED BAR OPERATIONS
with good morals. (Cui vs. Arellano CC

University) Citizenshi Law of the Law of the
p is the place place where
Laws applicable basis for where the the contract
1. Penal laws and laws of public determini property is was executed
security ng the situated is is the basis for
 territoriality rule governs personal the basis determining
law for law applicable
 laws of the Philippines applicable determinin
will govern upon ALL those who g law
live or sojourn in it applicable
2. Laws relating to family rights and Covers Covers both Covers only
duties, or to the status, condition family real & the forms &
and legal capacity of persons rights & personal solemnities
duties, property (extrinsic
 nationality rule applies
status, validity)
 laws of the Philippines will govern its condition
citizens, regardless of their & legal
residence capacity
EXCEPTION: When a marriage between Exception Exceptions: Exceptions:
a Filipino citizen and a foreigner is : (CIAO) 1. Art. 26,
validly celebrated and a divorce is Art. 26, 1. Capacity par. 1 of
thereafter validly obtained abroad by par. 2 of to succeed Family Code
the alien spouse capacitating him or her Family 2. Intrinsic (marriage
Code validity of involving
to remarry, the Filipino spouse shall the will Filipinos
likewise have the capacity to remarry 3. Amount solemnized
under Philippine law. (Article 26(2) of abroad, when
Family Code) successiona such are void
l rights in the
NOTE: domiciliary rule supplants the 4. Order of Philippines)
nationality rule in cases involving succession 2. Intrinsic
stateless persons validity of
contracts
3. Laws on property Renvoi Doctrine
 lex rei sitae applies
 Where the conflict rules of the
 real property, as well as forum refer to a foreign law, and
personal property is subject to the latter refers it back to the
the law of the country where it internal law, the latter (law of
is situated the forum) shall apply.
NOTE: If the foreign law refers it to a
4. Laws on forms and solemnities third country, the said country’s laws
 lex loci celebrationis applies shall govern, and is referred to as the
transmission theory.
Rules on Personal Law
DOMICILIARY NATIONALITY Doctrine of Processual Presumption
RULE RULE  The foreign law, whenever
Basis for basis for applicable, should be proved by
determining determining the proponent thereof;
personal law of an personal law of an otherwise, such law shall be
individual is his individual is his presumed to be exactly the same
domicile citizenship as the law of the forum.
Rule on Prohibitive Laws

LEX LEX REI LEX LOCI GENERAL RULE: Prohibitive laws
NATIO- SITAE CELEBRA- concerning persons, their acts or
NALII TIONIS property and laws which have for their
Art. 15, Art. 16, CC Art. 17, CC
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
3
object public order, public policy or policy shall compensate the

good customs are not rendered latter for the damage. (ART. 21
ineffective by laws, judgments of NCC)
promulgated or conventions agreed upon
in foreign country. NOTE: Art. 21 deals with acts contra
bonus mores, and has the following
 EXCEPTION: Art. 26, par. 2 Family elements:
Code 1. There is an act which is
 Example: Divorce law legal;
2. But which is contrary to
morals, customs, public order;
3. and it is done with intent to
Human Relations injure.
Arts. 19, 20 and 21 are related
 Every person must, in the to each other and, under these articles,
exercise of his rights and in the
an act which
performance of his duties, act
causes injury to another may be made
with justice, give everyone his
the basis for an award of damages.
due, and observe honesty and
good faith. (Art. 19 of NCC)
There is a common element under Arts.
NOTE: The elements of an abuse of right
19 and 21, and that is, the act must be
under Art. 19 are:
done intentional. However, Art. 20 does
1. There is a legal right;
not distinguish, the act may be done
2. Which is exercised in bad
either “willfully” or “negligently.”
faith;
(Albenson Ent. Corp. vs. CA)
3. For the sole intent of prejudicing
or injuring another. (Albenson
Ent. Corp. vs. CA)  The SC in Pe vs. Pe, applying Art. 21
ruled that a married man had
The SC in Velayo vs. Shell held the seduced a girl through an ingenious
defendant liable under Art. 19 for and tricky scheme, i.e. on the
disposing of its property (a perfectly pretext of teaching her how to pray
legal act) in order to escape the reach of the rosary, to the extent of making
a creditor. Likewise, in Globe Mackay her fall in love with him. Verily, he
Cable and Radio Corp. has committed an injury to the girl’s
vs. CA, the employer corporation was family in a manner contrary to
held liable for damages for an abusive morals, good customs and public
manner in dismissing an employee, as policy.
well as for the inhuman treatment the
latter got from them. However, in Tanjanco vs. CA, the
SC denied the award of moral damages
 Every person who, contrary to based on the fact that for one year, from
law, willfully or negligently 1958-1959, the plaintiff, a woman of
causes damage to another, shall adult age, maintained intimate sexual
indemnify the latter for the relations with defendant, with repeated
same. (Art. 20 of NCC) acts of intercourse. Such conduct is
incompatible with the idea of seduction.
 Any person who willfully causes
Plainly, there is here voluntariness and
loss or injury to another in a
mutual passion; for had the plaintiff
manner that is contrary to
been deceived, had she surrendered
morals, good customs or public
exclusively because of the deceit, artful
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
persuasions and wiles of defendant, she involved herein, and the cognizance of
would not have again yielded to his which pertains to another tribunal.
embraces, much less for one year  Requisites (Sec. 7, Rule 111,
without exacting early fulfillment of the Rules of Court)
alleged promises of marriage and would a. Previously instituted civil action
have cut short all sexual relations upon involves an issue similar or
finding that defendant did not intend to intimately related to the issue
fulfill his promises. Hence, no case is raised in the subsequent
made under Art. 21 of Civil Code. criminal action, and
b. The resolution of such issue
 While a breach of promise to marry determines whether or not the
is not actionable, it has been held criminal action may proceed
that to formally set a wedding and
go through and spend for all the NOTE: The Civil Code has suppletory
wedding preparation and publicity, application in matters governed by
only to walk out of it when the special laws
matrimony was about to be
solemnized is a different matter. PERSONS
This palpably and unjustifiably
contrary to good customs for which CIVIL PERSONALITY
the defendant must be held  aptitude of being the subject,
answerable for damages in active or passive, of rights and
accordance with Art. 21 of the Civil obligations
Code. (Wassmer vs. Velez)
JURIDICAL CAPACITY TO ACT
CAPACITY
Fitness to be the Power to do act with
 The obligation of cohabitation of subject of legal legal effects
husband and wife is not enforceable relations
by contempt proceedings. In private Passive Active
relations, physical coercion is barred Inherent Merely acquired
under the the old maxim – “Nemo Lost only through Lost through death
death and other causes
potest preciso cogi ad factum.”
Can exist without Cannot exist without
However, the refusal of the wife to
capacity to act juridical capacity
perform her wifely duties, her denial Cannot be Can be restricted,
of consortium and her desertion of limited or modified or limited
her husband would certainly restricted
constitute a willful infliction of
injury upon her husband’s feelings in THEORIES ON CAPACITY TO ACT
a manner which is contrary to THEORY OF THEORY OF
morals, good customs and public GENERAL SPECIAL
policy for which Arts. 21 and 2210 CAPACITIES CAPACITIES
(10) of the CC authorize an award Applies to Applies to juridical
for moral damages. (Tenchavez vs. natural persons persons
Escano) One has the This limits the power
ability to do all of juridical persons
Prejudicial Question things with legal only to those that are
 GENERAL RULE: If both criminal and effects except expressly conferred
civil cases are filed in court, the criminal only in those upon them or those
specific circum- which can be implied
case takes precedence.
stances where therefrom or
EXCEPTION: When there is a the capacity to incidental thereto
prejudicial question or a question that act is restrained
arises in a case, the resolution of which
is a logical antecedent of the issue Natural persons

5
 GENERAL RULE: Birth determines to be applied only in the absence of

personality. facts.
EXCEPTION: The law considers the
conceived child as born for all purposes Juridical persons
favorable to it if born alive. Therefore, WHO:
the child has a presumed personality, a. State and its political
which has two characteristics: subdivisions
1. limited; and b. Corporations, institutions and
2. provisional/conditional entities for public purpose or
(Quimiguing vs. Icao) interest
c. Corporations, partnership and
NOTES: associations for private interest
HOW CREATED: For (a) and (b), by the
 The presumption as to the child’s
laws creating or recognizing them;
personality applies only in cases
private corporations are governed by BP
beneficial to the child.
68 and partnership and associations are
governed by the provisions of this Code
 The concept of provisional concerning partnerships.
personality CANNOT be invoked to
obtain damages for and in behalf of NOTE: The Roman Catholic Church is a
an aborted child. (Geluz vs. CA) corporation by prescription, with
acknowledged juridical personality,
When is a Child Considered Born inasmuch as it is an institution which
GENERAL RULE: For civil purposes, the antedated, by almost a thousand years,
fetus is considered born if it is alive at any other personality in Europe, and
the time it is completely delivered from which existed when Grecian eloquence
the mother’s womb. still flourished in Antioch and when idols
EXCEPTION: If the fetus had an where still worshipped in the temple of
intrauterine life of less than 7 months, it Mecca. (Barlin vs. Ramirez)
is not deemed born if it dies within 24
hours after its complete delivery from The estate of a deceased person
the maternal womb. should be considered an artificial or
juridical person for the purposes of the
Presumption of survivorship settlement and distribution of his estate
 Two or more persons, called to which, of course, include the exercise
succeed each other, shall be during the judicial administration
presumed to have died at the thereof of those rights and the
same time, subject to the fulfillment of those obligations of his
following conditions: which survived after his death. (Limjoco
1. parties are heirs to vs. Intestate Estate of Pedro Fragrante)
one another
2. no proof as to who Cessation of Civil Personality
died first 1. If natural persons: by death
3. with doubt as to who 2. If juridical persons: by termination
died first of existence
NOTE: Article 43 applies when the
parties are called to succeed each other. CITIZENSHIP AND DOMICILE
But if the parties are not called to RESIDENCE DOMICILE
succeed each other, Rule 131, Sec. 3 (jj)
of the Rules of Court applies. Both are
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
Used to indicate a denotes a FIXED Effects:

PLACE OF ABODE, PERMANENT 1. Absence of essential or formal
whether RESIDENCE, which
requisites
permanent or when absent, one
temporary has the intention of  the marriage is void ab
returning initio
There can be There can only be 2. Defect in any of the essential
several places of ONE place of requisites
residence domicile
 The is marriage voidable
Elements of Domicile 3. Irregularity in any of the formal
a. Physical presence in a fixed requisites
place  Does NOT affect the
b. Intention to remain permanently validity of the marriage BUT will
(animus manendi) hold the party responsible for
such irregularity liable
Kinds of Domicile
1. Domicile of origin - received by a Persons Authorized To Solemnize
person at birth. Marriages: (PMJCCC)
2. Domicile of choice - the place freely 1. priests, rabbis, and ministers of any
chosen by a person sui juris. church
3. Constructive domicile - assigned to a 2. municipal and city mayors
child by law at the time of his birth. 3. members of the judiciary
II. FAMILY CODE
4. ship captains or air plane chiefs
 took effect August 3, 1988 5. commanders of military unit, in the
absence of chaplain
MARRIAGE 6. consul generals, consuls or vice-
 A special contract of permanent consuls
union between a man and a woman
entered into in accordance with law Authorized Venues Of Marriage
for the establishment of conjugal  GENERAL RULE: Must be solemnized
and family life. Its nature, publicly, and not elsewhere, in the:
consequences and incidents are fixed 1. chambers of the judge or in open
by law and cannot be the subject of court
stipulation. 2. church, chapel or temple
3. office of consul-general, consul or
Essential requisites: (LC) vice-consul
1. Legal capacity of the contracting EXCEPTIONS:
1. marriage at the point of death
parties, who must be a male and a
(articulo mortis);
female
2. Consent freely given in the presence 2. marriage in remote places
3. marriage at a house or place
of a solemnizing officer
designated by the parties with the
written request to the solemnizing
Formal requisites: (ALM)
officer
1. Authority of the solemnizing officer
2. Valid Marriage License Marriages Exempt From License
3. Marriage ceremony where the Requirement: (MOLAR)
contracting parties appear before 1. among Muslims or members of ethnic
the solemnizing officer, with their cultural communities, provided such
personal declaration that the take were solemnized in accordance with
each other as husband and wife in their customs, rites and practices
the presence of not less than two 2. solemnized outside the Phil. where
witnesses of legal age NO marriage license is required by
the country where they were
7
solemnized 4. in articulo mortis

3. of a man and a woman who have 5. in remote places
lived together as husband and wife
for at least 5 years and without legal NOTE: A marriage license is valid only
impediment to marry each other for 120 days from date of issue, in any
NOTE: The 5-year period should be part of the Philippines.
computed on the basis of a
cohabitation as husband and wife Foreign Marriages
where the only missing factor is the  Validity of marriage:
marriage contract to validate the  GENERAL RULE: Where one or both
union. This 5-year period should be parties to the marriage are citizens of
the years immediately before the the Philippines, the foreign marriage is
day of the marriage and it should be valid in this country if solemnized in
a period of cohabitation accordance with the laws of the country
characterized by exclusivity - of celebration.
meaning no third party was involved EXCEPTIONS: Foreign marriages shall
at any time within the 5 years and not be recognized in the Philippines if
continuity - that is unbroken (Ninal prohibited because: (MABB-PIP)
vs. Bayadog, GR No. 133778 March 1. contracted by a national who is
14, 2000).
below 18 years of age
NOTE: In the case of Manzano vs. 2. bigamous or polygamous (except
Sanchez (G.R. No. MTJ-00-1329, as provided for in Art. 41, FC)
March 08, 2001), the Supreme Court 3. contracted through mistake of
laid down the requisites to avail the one party as to the identity of
exemption under Article 34 of the the other
Family Code: 4. contracted following the
a. The man and woman annulment or declaration of
must have been living together nullity of a previous marriage
as husband and wife for at least but before partition
five years before the marriage; 5. void due to psychological
b. The parties must incapacity
have no legal impediment to 6. incestuous
marry each other;
c. The fact of absence
7. void for reasons of public policy
of legal impediment between
the parties must be present at  Validity of divorce:
the time of marriage; GENERAL RULE: A divorce validly
d. The parties must obtained abroad by the alien spouse,
execute an affidavit stating capacitating him/her to remarry can
that they have lived together allow the Filipino to remarry.
for at least five years [and are EXCEPTION: The rule will not apply if
without legal impediment to the divorce was obtained by the Filipino
marry each other; and spouse.
e. The solemnizing
officer must execute a sworn NOTE: A Filipino wife remains the lawful
statement that he had wife of the Filipino husband despite a
ascertained the qualifications of decree of divorce obtained abroad by
the parties and that he had the wife. However, if the wife is already
found no legal impediment to a foreigner at the time of the divorce,
their marriage she ceases to be the lawful wife of the
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
Filipino husband. This, notwithstanding, 4. between the adopting parent &

if at the time of the marriage the wife the adopted child
was still a Filipino, and subsequently 5. between the surviving spouse of
acquires citizenship of another country, the adopting parent & the adopted
thereby rendering her to have the legal child
capacity to obtain a decree of divorce,
the Filipino husband remains a spouse of
6. between the surviving spouse of
the adopted child & the adopter
the former. This situation is not covered
by Art. 26, par.2 which requires that, at 7. between an adopted child & a
the time of the marriage, one of the legitimate child of the adopter
parties is already an alien. 8. between the adopted children of
the same adopter
VOID MARRIAGES 9. between parties where one, with
A. Due to absence of any of the the intention to marry the other,
essential requisites: (BB-LAPIS) killed the latter’s spouse, or his/her
1. contracted by any party below 18 spouse.
years of age even with parental
consent NOTE: Under the FC, the following can
2. solemnized by any person not legally now marry each other:
a. Brother-in-law and sister-in-law;
authorized to perform marriages
b. Stepbrother and stepsister;
unless one or both of the parties
c. Guardian and ward;
believed in good faith that the
d. Adopted and illegitimate child of
solemnizing officer had the legal
the adopter;
authority to do so
e. Parties who have been convicted
3. solemnized without a license except of adultery or concubinage.
as otherwise provided
4. bigamous or polygamous marriages D. Subsequent marriages
5. marriages contracted through 1. without judicial declaration of
mistake of one of the parties as to nullity of previous void marriage
the identity of the other (Article 40)
6. subsequent marriages that are void 2. without judicial declaration of
under Article 53 of the Family Code presumptive death of absent spouse
7. contracted by a party who at the (Article 41)
time of the marriage was 3. where the spouse was presumed
psychologically incapacitated dead, and both the present spouse
and would-be spouse were in bad
B. Incestuous marriages, whether the faith in contracting marriage (Article
relationship be legitimate or 44)
illegitimate (Article 37):
NOTE: Where there was failure to record
1. between ascendants &
in the civil registry and registry of
descendants of any degree property the judgment of annulment or
2. between brothers & sisters of absolute nullity of the marriage,
whether full or half-blood partition and distribution of the property
of the spouses and the delivery of the
C. Those contrary to public policy children’s presumptive legitimes it shall
(Article 38): (SCAPS-SAKA) not affect third persons (Articles 52-53).
1. between collateral blood
relatives whether legitimate or NOTE: Even if a marriage is void, it must
illegitimate up to the 4th civil degree be declared void first because the
2. between step-parents & step parties cannot decide for themselves the
children invalidity of their marriage.
3. between parents-in-law &
children-in-law

9
incapacity must be:

VOID VOIDABLE a. medically or clinically identified
Decree of nullity Decree of b. alleged in the complaint
annulment c. sufficiently proven by experts
Never be ratified Ratified by free d. explained in the decision
cohabitation 3. incapacity must be existing at the
Attacked directly or Attacked directly time of the celebration of marriage
collaterally only 4. incapacity must be permanent or
Co-ownership Conjugal incurable
Partnership 5. illness is grave enough to bring about
Always void Valid until annulled disability to assume marital
Action for Action prescribes obligations
declaration of
nullity does not
6. marital obligations refer to Art. 68-
prescribe 71 of FC as well as Art. 220,221 and
Psychological Incapacity 225 of the FC
 no exact definition but is restricted 7. interpretations of the National
to psychological incapacity “to Appellate Matrimonial Tribunal of
comply with the essential marital the Catholic Church of the
obligations of marriage” Philippines while not controlling
should be given great respect.
 involves a senseless, protracted and 8. trial court must order the
constant refusal to comply with the prosecuting attorney or fiscal and
essential marital obligations by one the Solicitor General to appear for
or both of the spouses although he, the state.
she or they are physically capable of
performing such obligations (Chi JUDICIAL OF DECLARATION OF NULLITY
Ming Tsoi vs. CA)  The absolute nullity of a
previous marriage may be
 Essential elements: (MAVFFCCI) invoked for purposes of
a. Mental condition remarriage on the basis solely of
b. Applies to a person who is a final judgment declaring such
maritally contracted to another previous marriage void.
c. Marriage entered into with NOTES:
volition  For purposes of remarriage, the
d. Failure to perform or comply only legally acceptable basis for
with the essential obligations in declaring a previous marriage an
marriage absolute nullity is a final judgment
declaring such previous marriage
e. Failure to perform is chronic
void, whereas, for purposes other
f. Cause is psychological in nature than remarriage, other evidence is
g. Cause is serious, with juridical acceptable. (Domingo vs. CA)
antecedence and must be  In a case for concubinage, the
incurable accused need not present a final
h. Incapacity results in the failure judgment declaring his marriage void
of the marriage. for he can adduce evidence in the
criminal case of the nullity of his
JURISPRUDENTIAL GUIDELINES: marriage other than proof of a final
(Republic vs. Molina) judgment declaring his marriage void.
1. burden of proof belongs to the Hence, the pendency of the civil
plaintiff action for nullity of marriage does not
2. root cause of the psychological pose a prejudicial question in a
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
criminal case for concubinage. remain valid except if the donee

 Parties to the marriage should contracted the marriage in bad faith;
not be permitted to judge for 4. The innocent spouse may revoke the
themselves its nullity, for the same designation of the spouse in bad
must be submitted to the judgment of faith as the beneficiary in any
the competent courts and only when insurance policy; and
the nullity of the marriage is so 5. The spouse who contracted the
declared can it be held as void, and subsequent marriage in bad faith
so long as there is no such shall be disqualified to inherit from
declaration, the presumption is that the innocent spouse by testate or
the marriage exists for all intents and intestate succession.
purposes. Therefore, he who cohabits NOTE: The above effects apply in
with a woman not his wife, before the voidable bigamous marriages. Except for
judicial declaration of nullity of the (1), the above effects also apply to
marriage, assumes the risk of being marriages which are annulled or
prosecuted for concubinage. (Beltran declared void ab initio under Art. 40 of
vs. People, June 20, 2000) the Code.
BIGAMOUS MARRIAGES DECLARATION OF PRESUMPTIVE DEATH

 Requisites: (MR-BF)
 GENERAL RULE: A marriage contracted
by any person during the subsistence of a
1. That the absentee spouse has been
missing for 4 consecutive years or 2
previous valid marriage shall be null and
consecutive years if the
void.(Gomez vs. Lipana)
disappearance occurred where there
EXCEPTIONS: When the following
is danger of death under
conditions concur, the subsequent
circumstances laid down in Art.391
bigamous marriage shall be valid:
of the NCC
1. absence of the other spouse
must have been for four 2. The present spouse wishes to
consecutive years, or two years remarry;
where there was danger of death 3. The present spouse has well-founded
2. well-founded belief of the belief that the absentee is Dead;
present spouse that absent 4. The present spouse files a summary
spouse was already dead proceeding for the declaration of
3. judicial declaration of presumptive death.
presumptive death
NOTE: The present spouse must
EFFECTS OF TERMINATION OF establish that he had a well-founded
SUBSEQUENT MARRIAGE: (ICADI) belief required by law that his absent
1. Children of the subsequent marriage wife was already dead that would sustain
conceived prior to its termination the issuance of a court order declaring
shall be considered legitimate; presumptive death. In the case of RP vs.
2. The absolute community or conjugal Nolasco, The SC believed that
respondent Nolasco failed to conduct a
partnership shall be dissolved and
search for his missing wife with such
liquidated. If either spouse acted in
diligence as to give rise to a “well-
bad faith, his/her share in the net
founded belief” that she is dead. When
profits shall be forfeited:
he arrived in San Jose, Antique after
a. in favor of the common
learning of his wife’s departure, instead
children;
of seeking the help of local authorities or
b. if none, in favor of the
of the British embassy, he secured
children of the guilty spouse by
another seaman’s contract and went to
previous marriage; or
London, a vast city of many millions of
c. in default of children, in
inhabitants, to look for her there. (RP
favor of the innocent spouse;
vs. Nolasco)
3. Donations by reason of the marriage
11
Effect of Reappearance of Absent may still annul the marriage within 5yrs.
Spouse: after celebration.
 GENERAL RULE: The subsequent
bigamous marriage under Article 41
remains valid despite reappearance of Circumstances amounting to Fraud
the absentee spouse. under Article 46: (SPND)
EXCEPTION: If the reappearance was 1. Non-disclosure of a previous
made in a sworn statement recorded in conviction by final judgment of the
the civil registry, the subsequent other party of a crime involving
marriage is “automatically terminated.” moral turpitude;
EXCEPTION TO THE EXCEPTION: If 2. Concealment by the wife of the fact
there was a previous judgment annulling that at the time of the marriage, she
or declaring the first marriage a nullity, was Pregnant by a man other than
the subsequent bigamous marriage her husband;
remains valid.
3. Concealment of a Sexually
transmissible disease, regardless of
VOIDABLE MARRIAGES
its nature, existing at the time of
 Grounds: (UP-FAVS) the marriage; and
1. Age of the party in whose behalf it is 4. Concealment of Drug addiction,
sought to have the marriage annulled habitual alcoholism, homosexuality
was 18 years of age or over but or lesbianism existing at the time of
below 21, and the marriage was the marriage.
solemnized without the consent of
the parents, guardian or person NOTES:
exercising substitute parental
authority over the party, in that
 Misrepresentation as to
character, health, rank, fortune or
order, and both lived together as
chastity is not a ground for
husband and wife;
annulment.
2. Unsound mind of either party
 The enumeration in Article 46 is
3. Fraudulent means of obtaining EXCLUSIVE. (Anaya vs. Palaroan)
consent of either party
4. Vitiated consent of either party Ground Persons Prescripti
through force, intimidation or undue (F2I2NS) Who May ve Period
influence Sue
5. Physical incapability of either party 1.Force, Injured party w/in 5
to consummate the marriage with intimidation years from
the other, and such incapacity , or undue the time
continues and appears to be influence the force,
incurable intimidatio
n, or undue
6. Sexually-transmissible disease of influence
either party found to be serious and ceased
appears to be incurable 2. Fraud Injured party w/in 5
years from
NOTE: Mode of ratification for Nos. 1-4 the dis-
is COHABITATION. In Nos. 5 & 6, there is covery of
no ratification to speak of since the fraud
defect is permanent. The latter can be
convalidated only by prescription, i.e. 5
years from the date of marriage.
Specifically, in no.5, the healthy spouse
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
3. incapabi- Injured party w/in 5 husband is impotent should the wife

lity to years after still remain a virgin after 3 years of
consum- the living together with her husband.
mate celebration
of the
Requisites for annulment due to
marriage
Disease under Article 45(6) (ICSIIF)
4. Insanity (a) sane (a) anytime 1. Either party is inflicted with a
spouse who before the
sexually transmissible disease (STD)
has no death of
knowledge of either party
the insanity (b) anytime ADDITIONAL REQUIREMENTS FOR
(b) relatives, before the ANNULMENT OR DECLARATION OF
guardians or death of NULLITY
persons ha- either party 1.Prosecuting attorney or fiscal should:
ving legal (c) during a. Take steps to prevent collusion
charge of the lucid between the parties
insane interval or b. Take care that evidence is not
(c) insane after
fabricated or suppressed
spouse regaining
sanity 2.The following must be accomplished:
5. Non- (a) parent/ (a) anytime a. Partition and distribution of the
consent legal before the properties of the spouses
guardian “no b. Delivery of the children’s
having charge consent” presumptive legitimes
of the “no- party c. Recording of the judgment of
consent” reaches 21 annulment or absolute nullity.
party (b) w/in 5
(b) ”no years after NOTES:
consent “ reaching 21
party  There will be collusion only if
6. STD Injured party w/in 5 the parties had arranged to make it
years after appear that a ground existed or had
the been committed although it was not,
celebration or if the parties had connived to
of the bring about a matrimonial case even
marriage
in the absence of grounds therefore.
(Ocampo vs. Florenciano)
NOTE: In Nos. 1, 2, 4, and 5, when
cohabitation takes place after the defect  A grant of annulment of
ceases to exist, the prescriptive period is marriage or legal separation by
rendered moot and academic. Whichever default is fraught with danger of
comes first may convalidate the collusion. If the defendant spouse
marriage: Cohabitation or Prescription. fails to answer the complaint, the
court cannot declare him or her in
Requisites for annulment due to default but instead, should order the
Impotence under Art.45(5) (CUPIN) prosecuting attorney to determine if
collusion exists between the parties.
a. Impotence exists at the time of However, petitioner’s vehement
the celebration of the marriage
opposition to the annulment
b. The impotence is permanent proceedings negates the conclusion
c. incurable that collusion existed between the
d. The impotence is unknown to parties. Under these circumstances,
the other spouse the non-intervention of a
e. The other spouse must not also prosecuting attorney to assure lack
be impotent of collusion between the contending
parties is not fatal to the validity of
the proceedings in the trial court.
Doctrine of Triennial Cohabitation (Tuason vs. CA, GR 116607, April 10,
 presumption that the 1996)

13
10. sexual infidelity or perversion.

RULE ON DECLARATION OF ABSOLUTE
NULLITY OF VOID MARRIAGES AND NOTES:
ANNULMENT OF VOIDABLE MARRIAGES
 Cooling-off Period – 6 months
(A.M. 00-11-01-SC)
period designed to give the parties
 took effect on March 15, enough time to further contemplate
2003 their positions with the end in view
 this Rule shall govern of attaining reconciliation between
petitions for declaration of absolute them.
nullity of void marriages and
annulment of voidable marriages
 The enumeration in Article 55
under the Family Code of the regarding legal separation is
Philippines. EXCLUSIVE. (Lacson vs. San Jose-
Lacson)
 the Rules of Court has
suppletory application
Grounds for denial of petition:
 for a more comprehensive (CCCC-MP-DR)
discussion on the procedural aspects a. Condonation -NOTE: failure of
of the Rule, please refer to the the husband to look for his
Remedial Law Memory Aid. adulterous wife is NOT condonation
to wife's adultery. (Ocampo vs.
LEGAL SEPARATION Florenciano)
 Grounds: (SAMBA-LIPAD) b. Consent
1. repeated physical violence or grossly c. Connivance
abusive conduct directed against the
petitioner, a common child, or a
d. Collusion
child of the petitioner e. Mutual Guilt
2. attempt of the respondent to f. Prescription
corrupt or induce the petitioner, a g. Death of either party during the
common child, or a child of the pendency of the case (Lapuz-Sy vs.
petitioner, to engage in Eufemio)
prostitution, or connivance in such h. Reconciliation of the spouses
corruption or inducement during the pendency of the case
3. attempt by the respondent against
the life of the petitioner Effects of filing petition:
4. final judgment sentencing the a. The spouses shall be entitled to
respondent to imprisonment of more live separately from each other.
than 6 years even if pardoned b. The husband shall have no more
right to have sexual intercourse with
5. drug addiction or habitual
his wife.
alcoholism of the respondent
6. lesbianism or homosexuality of the c. In the absence of an agreement
between the parties, the court shall
respondent
designate the husband, the wife, or
7. abandonment of the petitioner by a 3rd person to manage the absolute
the respondent without justifiable community or conjugal partnership
cause for more than 1 year property.
8. physical violence or moral pressure
to compel petitioner to change
religious or political affiliation
9. contracting by respondent of a Effects of decree of legal separation:
subsequent bigamous marriage; and a. The spouses shall be entitled to
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
live separately from each other but 4. fix the family domicile
the marriage bond is not severed. 5. joint responsibility for the support of
b. The absolute community or the family
conjugal partnership shall be
dissolved and liquidated.
6. management of the household
c. The custody of the minor
Exercise of Profession
children shall be awarded to the
 GENERAL RULE: Husband & wife
innocent spouse subject to the
can engage in any lawful enterprise or
provisions of Art. 213 of the Code.
profession without the consent of the
d. The offending spouse shall be
other.
disqualified from inheriting from the
EXCEPTION: Upon objection of the
innocent spouse by intestate
other spouse only on valid, serious and
succession and the provisions in
moral grounds, may the former’s consent
favor of the offending spouse made
be necessary.
in the will of the innocent spouse
shall be revoked by operation of law.
Property Relations Between Husband &
e. The innocent spouse may revoke
Wife
the donations made by him/her in
favor of the offending spouse, as  Governed by:
well as the designation of the latter 1. marriage settlements executed
as beneficiary in any insurance before the marriage or antenuptial
policy, even if the designation be agreements
irrevocable. 2. provisions of the Family Code
3. local customs (when spouses
Effects of Reconciliation of the repudiate absolute community)
Spouses:
a. The legal separation MARRIAGE SETTLEMENTS
proceedings, if still pending, shall  It is a contract entered into by the
thereby be terminated at whatever future spouses fixing the matrimonial
stage. property regime that should govern
b. The final decree of legal during the existence.
separation shall be set aside, but the
separation of property and any  Requisites:
forfeiture of share of the guilty 1. made before celebration of marriage
spouse already effected shall subsist, 2. in writing (even modifications)
unless the spouses agree to revive 3. signed by the parties
their former property regime.
4. not prejudice third persons unless
registered in the civil registry
RULE ON LEGAL SEPARATION
(A.M. 02-11-11-SC) 5. to fix terms and conditions of their
 took effect on March 15, 2003 property relations
 this Rule shall govern petitions for 6. additional signatories
legal separation under the Family a. 18-21: parents
Code in the Philippines; the Rules of b. civil interdictees & disabled:
Court shall apply suppletorily guardian
 please refer to the Remedial Law  Not applicable when:
Memory Aid for the procedural 1. both spouses are aliens, even if
provisions of the Rule married in the Philippines
2. as to extrinsic validity of contracts
MARITAL RIGHTS AND OBLIGATIONS 3. contrary stipulation
(JL-FORM)
1. live together DONATIONS BY REASON OF MARRIAGE
2. observe mutual love, respect &  Requisites: (COBB)
fidelity
1. made before celebration of
3. render mutual help & support marriage
15
2. in consideration of marriage 6. donee commits acts of Ingratitude

3. in favor of one or both future
spouses SYSTEM OF ABSOLUTE COMMUNITY (AC)
 The property regime of the
BASES DONATIONS ORDINARY spouses in the absence of a marriage
PROPTER DONATIONS settlement or when the marriage is
NUPTIAS void. This is so because it is more in
Formalities Governed by the Governed keeping with Filipino culture.
rules on ordinary by rules on GENERAL RULE: Community property
donations except donations shall consist of all property owned by the
that if future (Arts. 725-
property is spouses at the time of the marriage or
773, NCC)
donated, it must acquired thereafter.
conform with EXCEPTIONS: (BEG)
formalities of wills 1. property acquired before
Present May be donated but No limit
the marriage by either spouse
Property up to 1/5 of except that
donor’s present donor shall
who has legitimate descendants
property leave property by a former marriage
enough for his 2. property for personal
support and exclusive use except jewelry
Future May be included Cannot be 3. property acquired during
property provided donation included
the marriage by gratuitous title,
is mortis causa
except when the donor, testator
or grantor expressly provides
Grounds Art. 86, FC Arts. 760, otherwise
for 764, & 765, NOTE: No waiver of rights allowed
revocation NCC during the marriage except in case of
judicial separation of property. The
Rule on Donation Between Spouses waiver must be in a public instrument.
During Marriage
GENERAL RULE: VOID, either direct or Administration of the community
indirect donation property
EXCEPTIONS: GENERAL RULE: It shall belong to both
1. moderate gifts on occasions of spouses jointly.
family celebrations EXCEPTIONS:
2. donations mortis causa 1. In case of disagreement,
NOTE: This rule also applies to husband’s decision shall prevail.
common-law spouses. (Article 87, 2. In case one spouse is
Family Code) incapacitated or unable to
participate in the administration
Grounds for Revocation (VIRAL-CN) of the common properties, other
1. marriage Not celebrated or declared spouse may assume sole powers.
Void ab initio except those made in NOTE: These powers do not
marriage settlements include:
2. marriage without parental Consent a. Disposition
3. marriage is Annulled and donee is in b. encumbrance
bad faith
4. upon Legal separation, the donee NOTE: Any alienation or encumbrance is
being the guilty spouse void if without the written consent of
the other spouse
5. complied Resolutory condition
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
Rule on Game of Chance gratuitous title

 LOSS: Shall be borne by the 3. acquired by right of redemption,
loser-spouse and shall not be barter or exchange with property
charged to the community property belonging to either spouse
 WINNINGS: Shall form part of 4. purchased with exclusive money of
the community property either spouse
Steps in Liquidation of AC: (IP-DDP) Rules In Cases Of Improvement Of

1. Inventory Exclusive Property
a. Inventory of Community Property 1. Reverse Accession – if the cost of the
b. Inventory of separate property of improvement and the plus value is
the wife more than the value of the principal
c. Inventory of separate property of property at the time of the
the husband improvement, the property becomes
2. Payment of Community Debts conjugal
 First, pay out of community assets, if not 2. Accession – if the cost of the
enough, husband and wife are solidarily
liable improvement of the plus value is
3. Delivery to each spouse his/her equal to or less than the value of the
principal property at the time of the
separate property if any
improvement, the entire property
4. Division of the net community assets becomes the exclusive property of
5. Delivery of presumptive legitimes, if the spouse.
any, to the children
Steps In Liquidation Of CP: (DIRDO-DIP)
CONJUGAL PARTNERSHIP OF GAINS (CP) 1. Inventory of the Conjugal
 It is that formed by a husband Partnership of Gains assets
and wife whereby they place in a 2. Restitution of advances made to
common fund the fruits of their each spouse
separate property, and the income 3. Payment of debts to each spouse
from their work or industry, the
same to be divided between them
4. Payment of obligations to third
parties
equally (as a general rule) upon the
dissolution of the marriage or the 5. Delivery of exclusive properties
partnership. 6. Payment of losses and deterioration
of movables belonging to each
Conjugal Partnership Property: (LC2 spouse
FONT) 7. Delivery of presumptive legitimes
1. obtained from labor, industry, work 8. Division of the net conjugal
or profession partnership properties
2. acquired by chance
3. acquired during the marriage with NOTE: Property bought on installments
conjugal funds paid partly from exclusive funds of the
4. fruits of the conjugal property spouses and partly form conjugal funds:
a. If full ownership was vested
5. acquired through occupation before the marriage – it shall
6. net fruits of their exclusive property belong to the buyer-spouse
7. share of either spouse in hidden b. If full ownership was vested
treasure during the marriage - it shall
belong to the conjugal
Exclusive Property Of Each Spouse: partnership
(OGRE)
1. that which is brought to the Charges Upon and Obligations Of AC
marriage as his/her own and CP:
2. acquired during the marriage by 1. Support for family except for
illegitimate children of either
17
spouse; subject to deduction from the share

2. Debts and obligations which must of the debtor-spouse.
have been contracted:  The conjugal partnership property
a. by administrator-spouse for the shall likewise be liable for the
benefit of the family; payment of the personal debts of
b. by both spouses; or either spouse insofar as they have
c. by one spouse with the consent redounded to the benefit of the
of the other; family.
3. Debts and obligations without
marital consent provided the family
 Indirect benefits that might accrue
to a husband in his signing a surety
was benefited;
or guarantee agreement not in favor
4. All taxes, liens, charges and
of the family but in favor of his
expenses including major or minor
employer corporation are not the
repairs upon the community or
benefits that can be considered as
conjugal property;
giving a direct advantage accruing to
NOTE: However, in conjugal
the family. Hence, the creditors
partnership, actual use need not be
cannot go against the conjugal
proved because it is presumed.
partnership property of the husband
5. All taxes and expenses for mere
in satisfying the obligation subject of
preservation made during the
the surety agreement. A contrary
marriage upon the exclusive
view would put in peril the conjugal
property of either spouse used by
partnership property by allowing it
the family;
to be given gratuitously as in cases
6. Expenses for education or self-
of donation of conjugal partnership
improvement of either spouse;
property, which is prohibited. (Ayala
7. Ante-nuptial debts of either spouse
Investment Corp. vs. CA)
insofar as they have redounded to
the benefit of the family;
Grounds For Termination Of Absolute
8. The value of what is donated or
Community And Conjugal Partnership:
promised by both spouses in favor of
(LADS)
their common legitimate children for
education or self-improvement; and 1. decree of legal separation
9. Expenses of litigation between 2. annulment or declaration of nullity
spouses unless found to be of marriage
groundless. 3. death of either spouses
4. judicial separation of property
NOTES:
 The separate properties shall be REGIME OF SEPARATION OF PROPERTY
solidarily and subsidiarily liable for  Causes: (CLAAPS)
the obligations if the community or
a. petitioner’s spouse has been
conjugal properties are insufficient.
sentenced with a penalty which
 The absolute community property carries with it civil interdiction;
shall also be liable for ante-nuptial b. loss of parental authority of
debts mentioned above, support of the petitioner’s spouse as decreed
illegitimate children, and liabilities by the court;
incurred by either spouse by reason
of a crime or quasi-delict in case of
c. petitioner’s spouse has been
insolvency of the exclusive property judicially declared an absentee;
of the debtor-spouse. Payment of d. abandonment by the
which shall be advanced by the petitioner’s spouse and failure to
absolute community property, comply with the obligations to the
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
family; acquired joint

e. spouse granted power of while they acquisition but
live none as to the
administration in marriage
together. extent of
settlement abused such power; and actual
f. at the time of the petition, contribution,
spouses are separated in fact for at there is a
least 1 year and the possibility for presumption of
reconciliation is highly improbable. equal sharing.
Forfeiture When only If one of the
NOTE: The spouses contribute to the one of the parties is
parties is in validly married
family expenses proportionately with
good faith, to another,
their income and the value of their the share of his/her share
properties. However, the liability of the the party in in the co-
spouses to the creditors for family bad faith in ownership
expenses is solidary. the co- shall accrue to
ownership the absolute
PROPERTY REGIME OF UNIONS shall be community or
forfeited: conjugal
WITHOUT MARRIAGE
a. in favor partnership
Art. 147 Art. 148 of their existing in
Applica- 1. Without 1. With legal common such valid
bility legal impediment to children; or marriage.
impediment to marry b. in default If the party
marry 2. Adulterous of or in case who acted in
2. Void relationships of waiver by bad faith is not
marriages due 3. Bigamous or any or all of validly married
to absence of polygamous the common to another or
formal marriages children or if both parties
requisite 4. Incestuous their are in bad
void marriages descendants, faith, such
under Art. 37 in favor of share shall be
5. Void the innocent forfeited in
marriages by party. the manner
reason of provided in the
public policy last paragraph
under Art. 38 of Article 147.
Salaries & Owned in Separately
Wages equal shares owned by the
NOTE: Under Art. 148, only the
parties
properties acquired by both of the
Property Belongs to such Belongs to parties through their actual joint
Acquired party provided such party contribution of money, property or
Exclusively there is proof industry shall be owned by them in
by Either that he/she proportion to their respective
Party acquired it by contributions. It must be stressed that
exclusive funds actual contribution is required by this
provision, in contrast to Art. 147 which
Property Governed by Owned by state that efforts in the care and
Acquired the rules on them in
maintenance of the family and
by Both co- common in
Parties ownership proportion to household, are regarded as
their contributions to the acquisition of
respective common property by one who has no
contributions salary or income or work or industry. If
Presump- Presumption No the actual contribution of the party is
tion of joint presumption of not proved, there will be no co-
(prima acquisition joint ownership and no presumption of equal
facie) and equal acquisition. shares. (Agapay vs. Palang). Hence,
sharing as to When there is
mere cohabitation without proof of
property evidence of

19
contribution will not result in a co- the family for 10 years, or as long as
ownership. (Tumlos vs. Fernandez). a minor beneficiary lives
6. can constitute one (1) family home
THE FAMILY only
 Basic social institution which public
policy cherishes and protect hence, PATERNITY AND FILIATION
no suit between members of the
family shall prosper unless the Rule on Children Conceived as a Result
compromise between the parties of Artificial Insemination
have failed  Status is legitimate child, provided
both husband and wife authorized or
 FAMILY RELATIONS INCLUDE: ratified the insemination in a written
1. between husband and wife instrument which they executed and
2. between parents and children signed before the birth of the child
3. among ascendants and
descendants Legitimate Children
4. among brothers and sisters GENERAL RULE: Only those who
whether full or half-blood are conceived or born during a valid
marriage
EXCEPTIONS: (CAVALAC)
Those children who are
1. Conceived as a result of artificial
FAMILY HOME insemination
GENERAL RULE: The family home is
exempt from execution, forced sale or
2. Born of a voidable marriage
before decree of annulment
attachment.
EXCEPTIONS: (PLMN) 3. Conceived or born before
1. debts incurred prior to judgment of annulment or
absolute nullity under Art. 36 has
constitution
become final & executory
2. debts due to laborers,
mechanics, architects, builders,
4. Conceived or born of subsequent
marriage under Art. 53
material men and others who
have rendered service or 5. Of mothers who may have
furnished materials for the declared against its legitimacy or
construction of the building was sentenced as an adultress
3. debts secured by mortgages 6. Legally adopted
4. non-payment of taxes 7. Legitimated, conceived and born
outside of wedlock of parents
 Guidelines: without impediment at the time
1. deemed constituted from time of of conception and had
actual occupation as a family subsequently married
residence
2. must be owned by person Illegitimate Children
constituting it GENERAL RULE: Those conceived and
3. must be permanent born outside a valid marriage are
4. rule applies to valid and voidable illegitimate.
and even to common-law spouses EXCEPTIONS: Children who are:
under Articles 147 and 148 1. born of marriages which are
5. continues despite death of one or void ab initio such as bigamous
more spouses or unmarried head of and incestuous marriages and
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
marriage was declared void for 2. mother contracted subsequent

being contrary to law and public marriage
policy 3. subsequent marriage was
2. of voidable marriages born after contracted within 300 days after
the decree of annulment termination of previous marriage
Rules on Impugning Legitimacy
4. child was born
5. no evidence as to status of
A. Grounds (PBA)
child
1. physical impossibility of the husband
to have sexual intercourse with his B. Rules as to whom the child belongs
wife within the 1st 120 days of the
300 days immediately preceding the
1. to first marriage, if child was
born before the lapse of 180 days
child’s birth, due to:
after celebration of 2nd marriage
a. physical incapacity of the
provided born within 300 days after
husband;
termination of the 1st marriage.
b. husband and the wife were
living separately; or 2. to second marriage, if child was
c. serious illness of the born after 180 days following
husband which absolutely celebration of 2nd marriage whether
prevented sexual intercourse born within 300 days after
2. biological or scientific proof termination of 1st marriage or
afterwards.
that the child could not have been
that of the husband; and
Proof of Filiation
3. written authorization or GENERAL RULE: Filiation of legitimate
ratification of either parent for (or illegitimate) children is established
artificial insemination was obtained by any of the following:
through mistake, fraud, violence, 1. The record of birth appearing in the
intimidation or undue influence. civil registrar or a final judgment
2. An admission of legitimate (or
B. Prescriptive periods illegitimate) filiation in a public
1. one year, from knowledge of document or a private handwritten
birth or recording in the civil instrument and signed by the parent
register, if husband or heirs lives in concerned.
the SAME city/municipality EXCEPTION: In the absence of any of
2. two years, if resides in the Phils. the foregoing evidence, such legitimate
3. three years, if abroad or illegitimate filiation shall be proved
by:
C. Parties 1. Open and continuous possession of the
GENERAL RULE: Only the husband may status of a legitimate or illegitimate
impugn child;
EXCEPTION: The heirs, if the husband 2. Any other means allowed by the Rules
dies before the end of the prescription of Court and special laws.
of the action, or after filing complaint,
or child was born after death NOTES:
 Continuous does not mean that
NOTE: The question of legitimacy cannot the concession of status shall
be collaterally attacked, it can be continue forever but only that it
impugned only in a direct action. shall not be of an intermittent
character while it is continuous. The
Rule on the Status of Children born possession of such status means that
after 300 days following Termination of the father has treated the child as
Marriage his own, directly and not through
A. Requisites (TS-WBN) others, spontaneously and without
1. first marriage terminated concealment though without
publicity. There must be a showing
21
of permanent intention of the (Fernandez vs. CA)

supposed father to consider the child  Proof of filiation of petitioners
as his own by continuous and clear to the late Enrique Baluyut is not
manifestation of paternal affection sufficient to confer upon them any
and care. (Mendoza vs. CA). The hereditary right in the estate of the
paternal affection and care must not deceased. What is necessary to be
be attributed to pure charity. “Such established by an illegitimate not
acts must be of such a nature that natural child in order that he may be
they reveal not only the conviction entitled to successional rights under
of paternity, but also the apparent Art 887 of NCC, is not the fact of his
desire to have and treat the child as bare filiation but a filiation
such in all relations in society and in acknowledged by the putative
life, not accidentally, but parent.(Baluyut vs. Baluyut)
continuously.” (Jison vs. CA)
 The SC in Lim vs. CA, ruled that Rights of the Children
petitioner was the father of his LEGITIMATE ILLEGITIMATE
illegitimate children because the Use of father & Use of mother‘s
evidences convincingly show this. mother’s surname surname
Hence, it was the petitioner who NOTE: However, RA
paid the bills for the hospitalization 9255 amended
Article 176, FC
of the mother when she gave birth.
Receive support Receive support
He was the one who caused the
from parents according to FC
registration of the name of the child Entitled to the Legitime is ½ of the
using his surname in the birth legitime & other legitime of a
certificate. He also wrote successional rights legitimate child
handwritten letters to the mother
and the child stating his promise “to R.A. No. 9255
be a loving and caring husband and  An Act Allowing Illegitimate
father to both of you.” There were Children to use the surname of their
also pictures of the petitioner on Father, amending for the purpose
various occasions cuddling the child. Article 176 of EO No. 209, otherwise
 In view of the fact that filiation known as the "FAMILY CODE OF THE
may be proved by “any means PHILIPPINES":
allowed by the Rules of Court and  Approved February 24, 2004
special laws” this may consist of
baptismal certificate, a judicial Illegitimate children may use the
admission, a family bible in which his surname of their father if:
name has been entered, common 1. their filiation has been expressly
reputation respecting his pedigree, recognized by the father through the
admission by silence, the testimony record of birth appearing in the civil
of witnesses and such other kinds of register, or
proof admissible under Rule 130 of 2. when an admission in a public
RC. (Mendoza vs. CA) For a baptismal document or private handwritten
certificate to be proof of filiation instrument is made by the father
under the Rules of Court, it must be
shown that the father therein LEGITIMATION
participated in the preparation of  Requisites: (NIM)
the same. A birth certificate not
signed by the alleged father
a. The child is illegitimate
indicated in said certificate is not b. The parents at the time of the
competent evidence of paternity. child’s conception are not
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
disqualified from marrying each spouse

other d. certified to have legal capacity
c. There is a valid marriage to adopt by his/her diplomatic or
subsequent to the child’s birth consular office
e. certified by said office that his
ADOPTION government allows the adoptee
A. Domestic Adoption Act of 1998 to enter his/her country as
(R.A. NO. 8552) his/her adopted child
Who may adopt: (LPG-CANE) 3. Guardian – with respect to the ward

1. Filipino Citizen: after termination of the guardianship
a. of legal age and clearance of his/her financial
accountabilities
b. in a position to support and care
for his/her children in keeping Pre-Adoption Services
with the means of the family
 the DSWD shall provide
c. good moral character for the following services:
d. in possession of full civil capacity a. counselling services for the
or legal rights biological parents, prospective
e. at least 16 years older than the adoptive parents and prospective
adoptee, except when: adoptee
1) adopter is the biological b. exhaust all efforts to locate the
parent of the adoptee biological parents, if unkown
2) adopter is the spouse of the
adoptee’s parent Rule on Adoption by Spouses
f. has not been convicted of any GENERAL RULE: The husband and the
crime involving moral turpitude wife shall JOINTLY adopt.
g. emotionally and psychologically EXCEPTIONS:
1. one spouse seeks to
capable of caring for children
adopt the legitimate child of the
other
2. Alien: 2. one spouse seeks to
a. same qualifications as a Filipino adopt his/her own illegitimate
b. country has diplomatic relations child
with the Phil. 3. the spouses are legally
c. has been living in the Phil. for at separated
least three (3) continuous years
prior to the application for Who may be adopted:
adoption and maintains such 1. any person below 18 years of age
residence until the adoption who has been voluntarily committed
decree is entered, except when to the DSWD under P.D. 603 or
1) former Filipino citizen who judicially declared available for
seeks to adopt a relative adoption
within the 4th degree of 2. legitimate stepchild
consanguinity or affinity
2) one who seeks to adopt the
3. illegitimate stepchild
legitimate or illegitimate 4. qualified adult, who, prior to the
child of his/her Filipino adoption, has been consistently
spouse considered by the adopter as his/her
3) one who is married to a own child since minority;
Filipino citizen and seeks to 5. child whose adoption has been
adopt jointly with his/her previously rescinded
spouse a relative within the 6. child whose biological or adoptive
4th degree of consanguinity parents have died, provided that no
or affinity of the Filipino proceedings shall be initiated within
6 months from the time of death of
23
said parents NOTE: Where the petition for adoption

was granted after the child had shot
Consent in Adoption (BAILAS) and killed a girl, the SC did not
 The WRITTEN CONSENT to the consider the retroactive effect to
adoption is required in the following the decree of adoption so as to
cases: impose a liability upon the adopting
1. the adoptee, if 10 years of age or parents accruing at the time when
over the adopting parents had no actual
2. biological parents or government or physical custody over the
instrumentality adopted child. Retroactive effect
may perhaps be given to the
3. the legitimate/adopted children, 10 granting of the petition for adoption
years old or over, of the adopter and where such is essential to permit
adoptee the accrual of some benefit or
4. the illegitimate children, 10 years advantage in favor of the adopted
old or over, of the adopter if living child. To hold that parental
with the adopter and the latter's authority had been retroactively
spouse lodged in the adopting parents so as
5. spouse of the adopter and adoptee to burden them with liability for a
tortious act that they could not
Effectivity of Decree of Adoption have foreseen and which they could
have prevented would be unfair and
 a decree of adoption shall be unconscionable. (Tamargo vs. CA
effective as of the date the 209 S 518)
original petition was filed. It
applies also in case the Effects of Adoption: (SAL)
petitioner(s) dies before the 1. Severance of legal ties between the
issuance of the decree of biological parents and the adoptee
adoption to protect the interest and the same shall be vested in the
of the adoptee. adopters.
EXCEPTION: if the biological
parent is the spouse of the adopter
2. Adoptee shall be considered as a
legitimate child of the adopter(s) for
all intents and purposes.
3. In legal or intestate succession, the
adoptee and the adopter(s) shall
have reciprocal rights of succession
without distinction from legitimate
filiation. However, if there is a will,
the rules on testamentary succession
shall be followed.
Rescission of Adoption
 Grounds: (ASAR)
1. attempt on the life of the adoptee
2. sexual assault or violence
3. abandonment and failure to comply
with parental obligations
4. repeated physical or verbal
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
maltreatment by the adopter  Any alien or Filipino citizen

permanently residing abroad may file
NOTES: an application for inter-country
 Only the adoptee is given the right adoption of a Filipino child if he/she:
to rescind the decree of adoption 1. is at least 27 years of age and at
least 16 years older than the child
 The adopter can NOT rescind the
to be adopted, at the time of the
decree of the adoption but he or she
application unless the adopter is the
may disinherit the adoptee.
parent by nature of the child to be
adopted or the spouse of such
 Effects:
parent
a. Parental authority of adoptee’s 2. if married, his/her spouse must
biological parents or legal jointly file for the adoption
custody of DSWD shall be 3. has the capacity to act and assume
restored if adoptee is still a all rights and responsibilities of
minor or incapacitated. parental authority under his
b. Reciprocal rights and obligations national laws, and has undergone
of the adopter(s) and the the appropriate counselling from an
adoptee to each other shall be accredited counsellor in his/her
extinguished. country
c. The amended certificate of birth 4. has not been convicted of a crime
of the adoptee shall be involving moral turpitude
cancelled and its original shall 5. is eligible to adopt under his/her
be restored. national law
d. Succession rights shall revert to 6. is in a position to provide the proper
its status prior to the adoption, care and support and to give the
but vested rights shall not be necessary moral values and example
affected. to all his children, including the
child to be adopted
B. Inter-Country Adoption Act of 1995 7. agrees to uphold the basic rights of
(R.A. No. 8043) the child as embodied under
Philippine laws, the U.N.
Inter-Country Adoption
Convention on the Rights of a Child,
 The socio-legal process of adopting a and to abide by the rules and
Filipino child by a foreigner or a regulations issued to implement the
Filipino citizen permanently residing Inter-Country Adoption Act
abroad where the petition is filed, 8. comes from a country with whom
the supervised trial custody is the Philippines has diplomatic
undertaken, and the decree of relations and whose government
adoption is issued outside the maintains a similarly authorized and
Philippines. accredited agency and that
adoption is allowed under his/her
Who may be adopted: national laws
a. Only a “legally-free child” may be 9. possesses all the qualifications and
the subject of inter-country adoption none of the disqualifications under
NOTE: “Legally-free Child” - a child the Inter-Country Adoption Act and
who has been voluntarily or involuntarily other applicable Philippine laws
committed to the DSWD of the
Philippines, in accordance with the Child Inter-Country Adoption Board
Youth and Welfare Code.
 acts as the central authority
b. No child shall be matched to a
in matters relating to inter-country
foreign adoptive family unless it is
adoption.
satisfactorily shown that the child
 The Board shall ensure that
cannot be adopted locally.
all possibilities for the adoption of
the child under the Family Code
Who may adopt:
have been exhausted and that inter-
25
country adoption is in the best SUPPORT

interest of the child.  everything indispensable for
sustenance, dwelling, clothing,
Trial Custody: medical attendance, education and
 6 months from the time of transportation in keeping with the
placement financial capacity of the family
1. starts upon actual physical transfer
of the child to the applicant who, as Kinds: (LJC)
actual custodian, shall exercise 1. Legal – that which is required or
substitute parental authority over given by law
the person of the child. 2. Judicial – required by the court to be
2. the adopting parent(s) shall submit given whether pendente lite or in a
to the governmental agency or final judgment
authorized and accredited agency, 3. Conventional – given by agreement
which shall in turn transmit a copy to
the Board, a progress report of the Characteristics: (PIN-ERV)
child’s adjustment. 1. Personal
NOTES: 2. Intransmissible
 If the pre-adoptive relationship is 3. Not subject to waiver or
found unsatisfactory by the child or compensation
the applicant or both, or if the 4. Exempt from attachment or
foreign adoption agency finds that execution
the continued placement of the child 5. Reciprocal on the part of those who
is not in the child’s best interest, are by law bound to support each
said relationship shall be suspended other
by the Board and the foreign 6. Variable
adoption agency shall arrange for the
child’s temporary care. Persons obliged to support each other:
 If a satisfactory pre-adoptive 1. spouses
relationship is formed between the 2. legitimate
applicant and the child, the Board ascendants and descendants
shall submit the written consent to 3. parents and their
the adoption to the foreign adoption legitimate children and the
agency within 30 days after receipt legitimate and illegitimate children
of the latter’s request. of the latter
 A copy of the final decree of 4. parents and their
adoption of the child, including illegitimate children and the
certificate of legitimate and illegitimate children
citizenship/naturalization whenever of the latter
applicable, shall be transmitted by 5. legitimate brothers
the foreign adoption agency to the and sisters whether full or half-blood
Board within 1 month after its
issuance. NOTE: Support shall be in proportion to
the resources or means of the giver and
NOTE: For a comprehensive discussion of to the necessities of the recipient.
the procedural aspects of adoption,
please refer to A.M. No. 02-06-02-SC or Order of liability if several persons are
the Remedial Law Memory Aid obliged to give support:
1. spouse
2. descendants in the nearest degree
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
3. ascendants in the nearest degree NOTE: Paramount consideration in

4. brothers and sisters matters of custody of a child is the
welfare and well-being of the child.
NOTES: (Tonog vs. CA)
 When the obligation to give support
falls upon 2 or more persons Persons Exercising Substitute PA:
payment shall be divided between 1. surviving grandparent
them in proportion to the resources 2. oldest brother or sister over 21 years
of each, but in case of urgent need of age unless unfit or disqualified
and special circumstances, the court 3. actual custodian unless unfit or
may order one of them to furnish the disqualified
support provisionally subject to the
right to claim from the other obligors Persons Exercising Special PA:
the share due them 1. school
2. administrators and teachers
 When two or more recipients at the 3. individual, entity or institution
same time claim for support and the
engaged in child care
obligor does not have sufficient
means to satisfy all claims:
NOTES:
a. the order of liability provided by
law shall be followed  Parental authority and responsibility
b. if the concurrent obligees should are inalienable and may not be
be the spouse and child subject transferred and renounced except in
to parental authority, the child cases authorized by law.
shall be preferred  Parents may exercise parental
authority over their child’s property
PARENTAL AUTHORITY (PA)
Kinds of Properties of a Minor
Rules as to the exercise of PA: ADVENTITIOUS PROFECTITIOUS
1. The father and the mother shall 1. earned or acquired 1. property given by
JOINTLY exercise parental authority by the child through the parents to the
his work or industry by child for the latter to
over the persons of their common onerous or gratuitous administer
children. In case of disagreement, title
the father’s decision shall prevail 2. owned by the child 2. owned by the
UNLESS there is a judicial order to parents
3. child is also the 3. parents are the
the contrary usufructuary, but the usufructuary
2. If the child is illegitimate, child’s use of the
parental authority is with the property shall be
mother. secondary to the
collective daily needs
of the family
Parental Preference Rule 4. property 4. property
 the natural parents, who are of good administered by the administered by the
parents child
character and who can reasonably
provide for the child are ordinarily
entitled to custody as against all Termination of PA
persons PERMANENT TEMPORARY
1. death of the 1. adoption of the
parents child
Rule in case of legal separation of 2. death of the 2. appointment of a
parents: child general guardian
 parental authority is exercised by 3. emancipation of 3. judicial
the parent designated by the court. the child declaration of
GENERAL RULE: No child under 7 years 4. subjected child abandonment
of age shall be separated from the to sexual abuse 4. final judgment
mother.
EXCEPTION: When the court finds
compelling reason to order otherwise.

27
divesting the authorizing City or Municipal Civil

parents of parental Registrar or the Consul General to
authority Correct a Clerical or Typographical Error
5. judicial in an Entry and/or Change of First Name
declaration of
or Nickname in the Civil Registrar
absence or inca-
pacity of the Without need of a Judicial Order,
parents exercising Amending for this Purpose Articles 376
parental authority and 412 of the Civil Code))
over the child 1. The petitioner finds the first name
or nickname to be ridiculous, tainted
Grounds for suspension of PA (CHOBAN) with dishonour or extremely difficult
1. conviction of a crime with the to write or pronounce
penalty of civil interdiction 2. The new first name or nickname has
been habitually and continuously
2. harsh or cruel treatment against the
used by the petitioner and he has
child
been publicly known by that first
3. orders, counsel and example which name or nickname in the community
are corrupting, given by the person 3. The change will avoid confusion
exercising authority
4. begging is compelled of the child NOTE: Please refer to Remedial Law
5. acts of lasciviousness, allowed for Memory Aid for a comprehensive
the child to be subjected to, or discussion of the procedural aspects of
himself subjects the child to change of name.
6. negligence, which is culpable,
committed by the person exercising ABSENCE
authority
DECLARATION OF ABSENCE
FUNERALS WITHOUT WITH
GENERAL GUIDELINES ADMINISTRATOR ADMINISTRATOR
1. duty and right to make 2 years from the 5 years from the
arrangement in funerals in lapse of time without lapse of time without
news about the news about the
accordance with Article 199, FC
absentee or since the absentee or since the
2. the funeral shall be in keeping receipt of the last receipt of the last
with the social position of the news news
deceased
3. the funeral shall be in PRESUMPTION OF DEATH
accordance with the expressed
wishes of the deceased ORDINARY EXTRAORDINARY/
a. in the absence of the ABSENCE QUALIFIED
expressed wishes, his religious ABSENCE
beliefs or affiliation shall
determine a. 7 YEARS, person For all purposes
b. in case of doubt, the presumed dead for all including those of
persons in Article 199, FC shall purposes except for opening succession, a
those of opening period of 4 YEARS, and
decide succession for purposes of
4. any person who disrepects the b. 10 YEARS, person remarriage of the
dead or allows the same shall be presumed dead for spouse present, a
liable for damages purposes of opening period of 2 YEARS, is
succession except if he sufficient under the
Grounds for Change of First Name or disappeared after the following
age of 75, in which circumstances:
Nickname under R.A. No. 9048 (An act
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
case, a period of 5 a. person on board a

years is sufficient vessel lost during a sea
c. 4 YEARS, person voyage or an aeroplane
presumed dead for which is missing; period
purposes of remarriage is counted from the
of the spouse present loss of the vessel or
aeroplane
b. person in the armed
forces who has taken
part in war
c. person in danger of
death under other
circumstances and his
existence has not been
known


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San Beda College of Law

MEMORY AID IN CIVIL LAW

PERSONS AND FAMILY RELATIONS

I. NEW CIVIL CODE GENERAL RULE: Acts which are

CIVIL LAW COMMITTEE

with good morals. (Cui vs. Arellano CC

Rule on Prohibitive Laws

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

object public order, public policy or policy shall compensate the

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

 GENERAL RULE: Birth determines to be applied only in the absence of

CIVIL LAW COMMITTEE

Used to indicate a denotes a FIXED Effects:

MEMORY AID IN CIVIL LAW

solemnized 4. in articulo mortis

CIVIL LAW COMMITTEE

Filipino husband. This, notwithstanding, 4. between the adopting parent &

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

incapacity must be:

criminal case for concubinage. remain valid except if the donee

BIGAMOUS MARRIAGES DECLARATION OF PRESUMPTIVE DEATH

MEMORY AID IN CIVIL LAW

3. incapabi- Injured party w/in 5 husband is impotent should the wife

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

10. sexual infidelity or perversion.

MEMORY AID IN CIVIL LAW

2. in consideration of marriage 6. donee commits acts of Ingratitude

Rule on Game of Chance gratuitous title

Steps in Liquidation of AC: (IP-DDP) Rules In Cases Of Improvement Of

MEMORY AID IN CIVIL LAW

spouse; subject to deduction from the share

family; acquired joint

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

marriage was declared void for 2. mother contracted subsequent

MEMORY AID IN CIVIL LAW

of permanent intention of the (Fernandez vs. CA)

disqualified from marrying each spouse

Who may adopt: (LPG-CANE) 3. Guardian – with respect to the ward

MEMORY AID IN CIVIL LAW

said parents NOTE: Where the petition for adoption

maltreatment by the adopter  Any alien or Filipino citizen

MEMORY AID IN CIVIL LAW

country adoption is in the best SUPPORT

3. ascendants in the nearest degree NOTE: Paramount consideration in

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

divesting the authorizing City or Municipal Civil

case, a period of 5 a. person on board a

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

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