PERSONS AND FAMILY RELATIONS

HUMANS RELATIONS
Principle of Abuse of Rights
Joyce V. Ardiente v. Spouses Javier and Ma. Theresa Pastorfide Cagayan De
Oro District and Gaspar Gonzales, Jr. G.R. No. 161921 July 17, 2013
A right, though by itself legal because recognized or granted by law as such,
nevertheless become the source of some illegality. When a right is exercised in a
manner which does not conform with the norms
Water enshrined in Article 19 and results in damage to another, a legal wrong is
thereby committed for which the wrongdoer must be held responsible.
California Clothing Inc. v. Shirley Quinones G R. No. 175822 October 23, 2013
In the sphere of our law on human relations, the victim of a wrongful act or
emission, whether done willfully or negligently, is not left without any remedy or
recourse to obtain relief for the damage or injury he sustained.
HUMAN RELATIONS
Unjust Enrichment
Rivelisa Realty, Inc. v. First Sta. Clara Builders Corp. G.R. No. 189618 January
15, 2014
The measure of recovery should relate to the reasonable value of the service
performed because the principle aims to prevent undue enrichment based on the
equitable postulate that it is unjust for a person to retain any benefit without paying
for it.
HUMAN RELATIONS
Right to Privacy
Spouses Hing v. Alexander Choachuy, Sr. and Allan Choachuy G.R.
No.179736 June 26, 2013
A business office is entitled to the same privacy when the public is excluded
therefrom and only such individuals as are allowed to enter may come in. As
enunciated in Ople v. Torres the reasonableness of a persons expectation of a
privacy depend on a two part-test: (1) whether, by his conduct, the individuals has
exhibited an expectation of privacy; and (2) this expectation is one society
recognizes as reasonable.

MARRIAGE
Proof of Marriage
Peregrina Macua Vda. De Avenido v. TeclaHoybia Avenido G.R. No. 173540
January 22, 2014
While a marriage certificate is considered the primary evidence of a marital union, it
is not regarded as the sole and exclusive evidence of marriage. Jurisprudence
teaches that the fact of marriage may be maybe proven by relevant marriage other
than marriage certificate. Hence, even a persons birth certificate may be
recognized as competent evidence of the marriage between his parents.
MARRIAGE
Lack of Intent to Marry
Republic of the Philippines v. Liberty d. Albios G.R. No.198780 October 16,
2013
There is no law that declares a marriage void if it is entered into for purposes other
than what the Constitution or law declares, such as the acquisition of foreign
citizenship. Therefore, so long as all the essential and formal requisites prescribed
by law are present, and it is not void or voidable under the ground provided by law,
it shall be declared valid.
VOID MARRIAGES
Psychological Incapacity
Republic of the Philippines v. Rodolfo O. de Gracia G.R. No. 171557 February
12, 2014
Psychological incapacity must be characterized by: (a) gravity; (b) juridical
antecedence; and (c) incurability. Verily, although expert opinions furnished by
psychologists regarding the psychological temperament of parties are usually given
considerable weight by the courts, the existence of psychological incapacity must
still be proven by independent evidence.
Republic of the Philippines v. Cesar Encelan G.R. No. 170022 January 09, 2013
Sexual infidelity and abandonment of the conjugal dwelling, even if true, do not
necessarily constitute psychological incapacity; these are simply grounds for legal
separation. To constitute psychological incapacity, it must be shown that the

unfaithfulness and abandonment are manifestations of a disordered personality that

completely prevented the erring spouse from discharging the essential martial
obligations.

VOID MARRIAGES
Judical Declaration of Nullity
Yasuo Iwasawa v. Felisa Custudio Gangan and the Local Civil registrar of
Pasay City G.R. No. 204169 Semptember 11, 2013
A certificate of marriage is sufficient to prove prior existence of marriage. There is
no question that the documentary evidence submitted by petitioner are all public
documents as public documents, they are admissible in evidence even without
further proof of their due execution and genuineness.
Amelia Garcia-Quiazon, et al. v. Ma. Lourdes Belen, for and in behalf of
Maria Lourdes Elise Quiazon G.R. No. 189121 July 31, 2013
Void marriages can be questioned even after the death of either party but voidable
marriages can be assailed only during the lifetime of the parties and not after death
or either, in which case the parties and their offspring will be left as if the marriage
had been perfectly valid. That is why the action or defense for nullity is
imprescriptible, unlike voidable marriage can assail it but any proper interested
party may attack a void marriage.
VOID MARRIAGES
Absence of Marriage License, and Property Relations
Sally Go-Bangayan v. Benjamin Bangayan, Jr. G.R.No 201061 July 03, 2013
Under Article 35 of the Family code, a marriage solemnized without a license,
except those covered by the Article 34 where no license is necessary, shall be void
from the beginning. Applying the general rules on void or inexistent contracts under
Article 1409 of the Civil Code, contracts which are absolutely simulated or fictitious
are inexistent and void from the beginning. As a consequence therefrom, the
property relations is governed by Article 148 of the Family Code since they
cohabitated without the benefit of marriage.
PROPERTY RELATIONS
Presumption of Conjugal Nature

Bobby Tan v. Grace Andrade, et al. G.R.No.171904 August 07, 2013

Presumption of property relations of marriage entered before the effectively of the
Family Code is governed by Article 160 of the Civil Code which states that all the
property of the marriage is presumed to belong to the conjugal partnership, unless
it be proved that it pertains exclusively to the husband or the wife. For this
presumption to apply the party invoking the same must, however, preliminarily
prove that the property was indeed acquired during the marriage.
FILIATION
High Standard of Proof
Narciso Salas v. Annabelle Matusalem G.R.No. 180284 Semptember 11,2013
Time and again, this Court has ruled that a high standard of proof is required to
establish paternity and filiation. An order for recognition and support may create an
unwholesome situation or may be an irritant to the family or the lives of the parties
so that it must be issued only if paternity of filiation is established by clear and
convincing evidence.
FILIATION
Relationship by Affinity
Johnwell W. Tiggangay v. Judge Macelino K. Wacas, RTC Branch 25, Tabuk
City, Kalinga A.M. OCA IPI No.093242-RTJ April 1, 2013
Affinity denotes the relation that one spouse has to the blood relatives of the other
spouse. The husband has the same relation by affinity to his wifes blood as she
has by consanguinity and vice versa. Indeed, there is no affinity between the
blood relatives of one spouse and the blood relatives of the other. There is no
affinity between the husbands brother and the wifes sister; this called affinitas
affinitatis.
PARENTAL AUTHORITY
Custody of the Child
Geoffrey Beckett, v. Judge Olegario R. Sarmiento, Jr. A.M.no. RTJ-12-2326
January 30, 2013
A custody agreement can never be regarded as a permanent and unbending, the
simple reason being that the situation of the parents and even of the child can
change, such that sticking to the agreed arrangement would no longer be to the
latters best interest. A judgment involving the custody of minor cannot be accorded
the force and effects of res judicata.

PROPERTY
CLASSIFICATION OF PROPERTY
Immovable Property
Star Two (SPV-AMC), Inc. v. Paper City Corporation of the Philippines G.R.
No. 169211 March 6, 2013
Improvements, machineries, and equipment intended by the owner of the tenement
for an industry or works which may be carried on in a building or on a piece of land,
and which tend directly to meet the needs of the said industry or works are
classified as real or immovable properties.
CLASSIFICATION OF PROPERTY
Public Domain
Dream Village Neighborhood Association, Inc. represented by its
incumbent President, Greg Seriego v. Bases Conversion Development
Authority G.R.No.192896 July 24, 2013
Public domain lands become patrimonial property only if there is a declaration that
are alienable or disposable, together with an express government manifestation
that the property is already patrimonial or no longer retained for public service or
the development of national wealth. Only when the property has become
patrimonial can the prescriptive period for the acquisition of property of the public
dominion begin to run which is also provided under Section 14(2) of Presidential
Decree (P.D) No. 1529.

OWNERSHIP
Material Possession
Vevencia Echin Pabalan, et al v. Heirs of Simeon A.B. Maamo, Sr. G.R. No.
174844 March 20, 2013
Under Article 444 and 1942 of the old Civil Code, possession of real property is not
affected by acts of possessory character which are merely tolerated by the
possessor, or which are due to his license. Granted that long, continued occupation,
accompanied by acts of a possessory character, affords some evidence that
possession has been exerted in the character of owner and under claim of right, this
inference is unavailing to petitioners since Simplecios continued possession of the
property after his defeat in the ejectment suit was clearly upon the tolerance of
respondents predecessors-in-interest.

A judgment rendered in forcible entry case is conclusive with respect to the issue of
material possession.

OWNERSHIP
Builder in Good Faith
Moreto Mirallosa and all persons claiming rights and interests under him
v. Carmel Development Inc. G.R. No. 194538 November 27, 2013
Want of knowledge of any infirmity in the promulgation of a law is binding against
all person, and possession thereafter will not be considered in good faith.
A builder in good faith is one who builds with the belief that the land he is building
on is his, or that by some title one has the right to build thereon, and is of any
defect or flaw in his title.
CO-OWNERSHIP
Sale of Property
Reman Recio v. Heirs of Spouses Aguedo and Maria Altamirano G.R. No.
182349 July 24,2013
Contract of sale between co-owner without a special power of attorney from the
others is only valid insofar as to his aliquot share to the property. Absent the
consent from the other co-owners, the sale is null and void with respect to their
aliquot share to the property.

CO-OWNERSHIP
Prescription
Antipolo Ining, survive by Manuel Villanueva, et al v. Leonardo R. Veega,
Subtituted by Lourdes Vega, et al G.R. No. 174727 August 12, 2013
A co-owner cannot acquire by prescription the share of the other co-owners, absent
any clear repudiation of the co-ownership. In order that the title may prescribe in
favor of co-owner, the following requisites must concur: (1) the co-owner has
performed unequivocal acts of repudiation amounting to an ouster of the co-owners;
(2) such positive acts of repudiation have been made known to the other co-owners;
and (3) the evidence thereof is clear and convincing.

CO-OWNERSHIP
Effect Before Partition of Property
Teodoro S. Teodoro (substituted by his heirs) v. Danilo Espino et al. G.R. No.
189248 February 5, 2014
When there are two or more heirs, the whole estate of the decedent is, before its
partition, owned in common by such heirs. All therefore are entitled to exercise the
right of dominion including the right of possession as co-owners.
POSSESSION
Possessor in Bad Faith
National Housing Authority v. Corazon B. Baello, Wilhelmina Baello-Sotto,
and Ernesto B. Baello,Jr. August 7, 2013 G.R. No. 200858
Possession of the property without a decree, court order, or ordinance to justify the
invasion, assault, and occupation of a property despite knowledge that the
ownership thereof pertained to another is a possession in bad faith. As a result, a
possessor in bad faith is not entitled to be reimbursed of the expenses incurred in
developing the property, therby losing the improvements without right of indemnity.
EASEMENT
3-meter Strip/Zone along Banks
Pilar Development Corporation v. Ramon Dumadag, Emma Bacabac, et al.
G.R. No.194336 March 11, 2013
The 3-meter strip/zone in any form of a stream or banks limits the right of
ownership and possession, and such land is a property of public dominion.

DONATION
Capacity of Donor
Heirs of Dr. Mariano Favis Sr. v. Juana Gonzales, her son Mariano G. Favis,
Ma.Theresa Joana D. Favis, James Mark D. Favis, all minors represented
herein by their parents Sps. Mariano Favis and Larcelita D. Favis G.R. No.
185922 January 15, 2014
All persons who may contract and dispose of their property may make a donation as
provided under Art. 735 of the Civil Code. Accordingly, illness imparing the brain or
mental faculties of the donor renders the donation invalid.

WILLS AND SUCCESION

LEGITIME
Reserva Troncal
Maria Mendoza, et al. v. Julia Policarpio Delos Santos, et al. G.R. No. 176422
March 20, 2013
A property becomes reservable only when an ascendant who inherits from his
descendant any property which the latter may have acquired by gratuitous title
from another ascendant or a brother or sister, is obliged to reserve such property as
he may have acquired by operation of law for the benefit of relatives who are within
the 3rd degree and who belong to the line from which such property came.