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Aleezah Gertrude Regado


BOOK 1 other codes, the Rules of Court, and in

PERSONS special laws. Capacity to act is not limited on
TITLE I --- CIVIL PERSONALITY account of religious belief or political opinion.

CHAPTER 1: A married woman, twenty-one years of age or

GENERAL PROVISIONS over, is qualified for all acts of civil life,
except in cases specified by law.
Art. 37. Juridical capacity, which is the
fitness to be the subject of legal relations, is
inherent in every natural person and is lost Restrictions on Capacity to Act:
only through death. Capacity to act, which is 1. Minority
the power to do acts with legal effect, is 2. Insanity or Imbecility
3. State of being deaf mute
acquired and may be lost
4. Prodigality
5. Civil Interdiction
CAPACITY TO ACT Modifications/Limitations on Capacity to
CAPACITY 2. Insanity
 Acquired upon  Not inherent in a 3. Imbecility
birth and is person ; 4. Trusteeship
terminated only  Attained or conferred 5. Insolveny
upon death Can likewise be lost 6. Penalty
not only by death but 7. Prodigality
by any valid cause 8. Age
provided by law 9. Alienage
 Passive  Active
 Inherent  Merely Acquired Art 38
 Can exist without  Exists with juridical  Restricts one’s capacity to act
capacity to act capacity Art 39
 Enumerates situations which merely
Art. 38. Minority, insanity or imbecility, the modify the capacity to act
state of being a deaf-mute, prodigality and
civil interdiction are mere restrictions on OBJECTIVE OF ARTICLES 38 AND 39
capacity to act, and do not exempt the  Make an overview of the situation that
incapacitated person from certain obligations, qualifies a person’s power to undertake
as when the latter arise from his acts or from acts which can produce legal effects
property relations, such as easements.  Intended to give people not adept with
technicalities of law, situations which
Art. 39. The following circumstances, among may effectively, juridically and legally
others, modify or limit capacity to act: age, affect such relationships.
insanity, imbecility, the state of being a deaf-  Consequences of these restrictions and
mute, penalty, prodigality, family relations, modifications in person’s capacity to act
alienage, absence, insolvency and are provided by:
trusteeship. The consequences of these 1. Civil Code
circumstances are governed in this Code, 2. Other Codes

Aleezah Gertrude Regado

3. Special Laws RULING

4. Rules of Court  Conceived child, although not yet unborn,
is given by law a provisional personality of
CHAPTER 2: its own for all purposes favorable to it, as
explicitly provided in Art 40 of Civ Code.
 Even if child is only “en ventre de sa
mere” just as a conceive child, even if as
Art. 40. Birth determines personality; but the yet unborn may receive donations and
conceived child shall be considered born for its being ignored by parent in his
all purposes that are favorable to it, provided testament may result in preterition of a
it be born later with the conditions specified forced heir that annuls the institution of
in the following article. testamentary heir even if such child
should be born after death of testator.
Art. 41. For civil purposes, the fetus is
 Art 40 prescribing “conceived chid shall
considered born if it is alive at the time it is
be considered born for all purposes that
completely delivered from the mother's
are favorable to it” adds further “provided
womb. However, if the fetus had an intra-
it be born later with the conditions
uterine life of less than seven months, it is
specified I following article.
not deemed born if it dies within twenty-four
hours after its complete delivery from the  Provisio however is not a condition
maternal womb. precedent to right of conceived child; for
if it were, first part of Art 40 would be
“Civil personality of the child shall commence GR: Birth determines Personality
from the time of his conception for all EX:
purposes favorable to him, subject to the Civil personality of child shall commence
requirements of Art 41 of Civ. Code” (Art 5, P.D from time of its conception, for all purposes
No. 603/ Child and Youth Welfare Code) favorable to him subject to reqs of Art 41

QUIMIGUING v. ICAO Law considers conceived child as born for all

FACTS: purposes favorable to him (if born alive)
 Carmen Quimiguing sued Felix Icao, Therefore child has a presumptive personality
defendant although married succeeded in which has the following characteristics:
having carnal intercourse without her 1. Limited
consent and as a result she became 2. Provisional or Conditional
pregnant. EX:
 Carmen claimed support of P120.00 per  Concept of provisional personality
month, damages and attorney’s fees. CANNOT be invoked to obtain damages
 Icao moved to dismiss for lack of cause of for and in behalf of an aborted child.
action since the complaint did not allege that  Well, parents can in their own legal right
child had been born; and after hearing against doctor who caused abortion.
arguments, trial judge sustained defendant’s (Provided they must show that they have
motion and dismissed complaint. not consented or acquiesced to abortion)

Aleezah Gertrude Regado


 Born if alive at time it is completely CONFIDENTIALITY OF BIRTH RECORDS
delivered from mother’s womb.  Cannot be revealed except in cases
 EX: If fetus had an intra-uterine life of less provided by law.
than 7 months, it is not deemed born if it  They are required to be confidential and
dies w/in 24 hours after complete delivery therefore not known to the public
 Nevertheless they still maintain there
BIRTH CERTIFICATE nature as public documents because
 Best evidence of fact of birth following proper legal procedure, they can
 Public document once registered in Office be obtained by those interested therein.
of Local Civil Registrar (Child and Youth Welfare Code, Art 7)
Only prima facie evidence of facts FOLLOWING
contained therein and can be rebutted by 1.) Person himself/person authorized by
competent evidence him
2.) His spouse, parent/s, direct
descendants or guardian or institution
(Sec 4 of Civil Registry Law Act No. 3753) in charge of him (if minor)
SUFFICIENT FOR REGISTRATION OF BIRTH IN 3.) Court or proper public official
CIVIL REGISTER whenever absolutely necessary in
Declaration of: administrative, judicial or other official
1.) Physician /Midwife in attendance at birth proceedings to determine identity of
2.) In default, declaration of either parent
child’s parents or other circumstances
 Not later than 30 days AFTER birth
surrounding his birth
(duh, alangan namang before?!) 4.) In case of person’s death, the nearest
1.) Date & Hour of Birth
2.) Sex & Nationality of infant
3.) Names, Citizenship & Religion of parents Art. 42. Civil personality is extinguished by
Or in case father is not nown, of mother
4.) Civil Status of parents
5.) Place of birth The effect of death upon the rights and
6.) Such other data as may be required in obligations of the deceased is determined
regulations to be issued
by law, by contract and by will.
 Person who found, report to local civil registrar
1. Place  Puts end to Civil Personality
2. Date
 “Death extinguished civil personality and
3. Hour of finding
4. Other attendant circumtances therefore, all further juridical capacity to
ILLIGITIMATE CHILD acquire or transmit rights and obligations of
 Birth cert, sign and sworn jointly by parents or any kind” (Butte v. Manuel Uy & Sons Inc)
only by mother (if no balls si poppa)
 If father refuses, it shall not be permissible to
state or reveal in documents the name of DEATH CERTIFICATE
father who refuses to acknowledge the child or  Office of Local Civil Registrar of
give therein any info by which such father Municipality or City must also have in its
could be identified (Baka kasi mamaya
custody the death certificates of persons
malandi ka, di naman talaga siya ang
fatherbells niyan) who died in its locality.

Aleezah Gertrude Regado

(Sec 6 of Civil Registry Law) shall prove the same; in the absence of proof,
 No human body shall be buried unless the it is presumed that they died at the same time
proper death certificate has been presented and there shall be no transmission of rights
and recorded in the office of local civil from one to the other.
1.) Date & Place of Death
2.) Full name  Art 43 specifically applies only to persons
3.) Age called upon to succeed each other.
4.) Occupation/Profession  Proof of death must be established by
5.) Residence positive evidence
6.) Status as regards marriage  However it can likewise be established by
7.) Nationality of Deceased circumstantial evidence derived from facts.
8.) Probable Cause of Death
 “In conclusion, the presumption that
 Bodies may be buried provided the proper Angela Joaquin de Navarro died before her
death certs have been secured, which shall son is based purely on surmises,
be registered not later than 5 days AFTER speculations or conjectures without any
burial sure foundation in the evidence. Opposite
theory, that mother outlived her son is
CONTRACT, WILL AND THE LAW deduced from established facts which
 Rights & Obligations of dead person weighed by common experience, engender
can still be regulated by contract, will the inference as a very strong probability. “
or law. (Joaquin v. Navarro)
 Creditors given right to claim for
estate of deceased, any obligation PRESUMPTION OF SURVIVORSHIP
due them before estate can finally be  If there is doubt as to whom, between or
partitioned in favor of heirs. among two or more persons called upon
EXAMPLE: to succeed each other died first, the
Matias father of Kiki and Koko died. following rules apply
Matias owes P20,000.00 from Nuknuk. 1. Whoever alleges death of one prior
Therefore before Kiki and Koko enjoys to the other shall prove the same
with the P50,000.00 left by there Sugar
2. In absence of proof, it shall be
Poppa, Nuknuk could first claim the
presumed that they died at the same
P20,000.00 due to him.
time, therefor no transmission of
 Testator through express provision in a
will may disinherit any of his/her heirs
rights from one another
under any valid grounds provided by (Bes, ma-tetegi na nga lang, dami pa
law. hanash ng law sa who’s this and
 Any person who shows disrespect to who’s that…)
dead or wrongfully interferes with
funeral shall bee liable to the family of
the deceased for damages, material or
Art. 43. If there is a doubt, as between two or
more persons who are called to succeed each
other, as to which of them died first, whoever
alleges the death of one prior to the other,

Aleezah Gertrude Regado

3. Corporations, Partnerships and

Associations for Private Interest
JURIDICAL PERSONS  Yup, Juridical person
 Is a sovereign person with people
Art. 44. The following are juridical persons: composing it viewed as an organized
(1) The State and its political subdivisions; corporate society under a government with
the legal competence to exact obedience
(2) Other corporations, institutions and of its commands.
entities for public interest or purpose, created  As a juridical person, state can enter into
by law; their personality begins as soon as treaties and contracts
they have been constituted according to law;  State cannot be sued w/o its consent.
 Suability depends on consent of state,
(3) Corporations, partnerships and  Liability on applicable law and established
associations for private interest or purpose to facts.
which the law grants a juridical personality,
separate and distinct from that of each POLITICAL SUBDIVISIONS
shareholder, partner or member. (35a)  Municipal corporations and in the
Philippines consists of provinces, cities and
Art. 45. Juridical persons mentioned in Nos. 1 municipalities.
and 2 of the preceding article are governed by  May exercise either poitical or
the laws creating or recognizing them. governmental functons or private,
Private corporations are regulated by laws of proprietary or corporate right.
general application on the subject.  Officers and agents in performance of such
functions act in behalf of the municipalities
Partnerships and associations for private in their corporate or individual capacity and
interest or purpose are governed by the not for state of sovereign power.
provisions of this Code concerning
partnerships. (36 and 37a) CORPORATION
 Governed by B.P Blg 68 otherwise known
Art. 46. Juridical persons may acquire and as Corporation Code of the Philippines/
possess property of all kinds, as well as incur  May 1, 1980
obligations and bring civil or criminal actions,  Is an artificial being created by law having
in conformity with the laws and regulations of rights of succession and the powers,
their organization. attributes and properties expressly
authorized by law or incident to its
 Being of legal existence susceptible of
rights and obligations or of being the PARTNERSHIP
subject of juridical relations.  By contract of partnership, two or more
persons bind themselves to contribute
WHO ARE JURIDICAL PERSONS? money, property, or industry to a common
1. State and its Political Subdivisions fund with the intention of dividing the profits
2. Corporations for public interest ( Quasi- among themselves. Two or more persons
Public Corporations)

Aleezah Gertrude Regado

may also form partnership for exercise of (4) Those whose mothers are citizens of the
profession. Philippines and, upon reaching the age of
DISTICT PERSONALITY AND majority, elect Philippine citizenship;
 Corps, Partnerships & Associations for (5) Those who are naturalized in accordance
private interest and purpose may be with law.
granted by law a juridical personality
separate and distinct from that of each Art. 49. Naturalization and the loss and
shareholder, partner or member. reacquisition of citizenship of the Philippines
 Hence obligation of Tagay Corp is not an are governed by special laws.
obligation of its Tagay Board members.
(There is such thing as doctrine of Art. 50. For the exercise of civil rights and the
corporate veil) fulfillment of civil obligations, the domicile of
natural persons is the place of their habitual
Art. 47. Upon the dissolution of corporations, residence.
institutions and other entities for public
interest or purpose mentioned in No. 2 of Art. 51. When the law creating or recognizing
Article 44, their property and other assets them, or any other provision does not fix the
shall be disposed of in pursuance of law or domicile of juridical persons, the same shall
the charter creating them. If nothing has been be understood to be the place where their
specified on this point, the property and other legal representation is established or where
assets shall be applied to similar purposes they exercise their principal functions.
for the benefit of the region, province, city or
municipality which during the existence of DOMICILE RESIDENCE
the institution derived the principal benefits Fixed permanent Place of abode,
from the same. residence; which when whether permanent or
absent one has temporary
intention of returning
Title II. - CITIZENSHIP AND DOMICILE Residence coupled No length of residence
with intention to without intention of
Art. 48. The following are citizens of the remaining will remaining will
Philippines: constitute a domicile constitute domicile.
(1) Those who were citizens of the Philippines ONLY ONE MAY BE AS MANY AS
at the time of the adoption of the Constitution YOUR MONEY
of the Philippines; “Domicile is like true love, you may wander over across the
surface of the Earth, but heart desires the intent of
(2) Those born in the Philippines of foreign returning to what it considers to be home”
“Residence, is the mistress you may seek from time to
parents who, before the adoption of said time..But without the intent to stay, it shall forever just be
Constitution, had been elected to public office province for comfort”
in the Philippines; ***MINOR = DOMICILE OF PARENTS
(3) Those whose fathers are citizens of the ---YEAHHHHHH
Philippines; BY:
1. Actual removal/ actual change of

Aleezah Gertrude Regado

2. Bona fide intention of abandoning the 1. Not less than 21 years of age on day of
former place of residence establishing a hearing of petition
new one 2. Resided in PH for continuous period of
3. Acts which correspond with the purpose not less than 10 years
3. Good moral character and believes in
CITIZENSHIP principle underlying in PH consti and
 Status of being citizen or of owing must have conducted himself in a proper
allegiance to the state for the privilege and irreproachable manner during the
of being under its protection. entire period of his residence in PH in his
 Art 4, 1987 Consti governs rule on relation with the constituted government
citizenship as well as with community in which he is
Sec 1: The following are citizens of the living.
Philippines 4. Own a real estate in PH worth not less
1.) Citizens at time of adoption of consti than P5,000.00 or must have some
2.) Fathers and Mothers are citizens of Phil. known lucrative trade, profession or
3.) Born before Jan 17,1973, of Filipino lawful occupation.
mothers who elect Phil. Citizenship.  However under present Consti,
Those who elect Phil. Citizenship in no alien or foreigner may own land
accordance with paragraph 3 Sec 1 shall except through hereditary
be deemed natural born citizens succession
Sec 3: Philippine citizenship may be lost or 5. Speak and write English or Spanish and
reacquired in the manner provided by law any one of the Principal Philippine
Sec 4: Citizens of the Philippines who marry language
aliens shall retain their citizenship, unless 6. Must have enrolled his minor children of
their act or omission they are deemed under school age
the law to have renounced it.  Any public school or private
Sec 5: Dual allegiance of citizens is inimical school recognized by the Office
to the national interest and shall be dealt with of Private Education of
by law Philippines
 Where Phil. History, government
JUS SANGUINIS and civics taught or prescribed
 Citizenship by blood as partu of the school,
JUS SOLI curriculum, during the entire
 Citizenship on basis of place of birth period of the residence in PH
required of him prior to the
ACQUISITION OF CITIZENSHIP hearing of his naturalization as
 Governed by Commonwealth Act No 473 PH citizen.
as amended. Sec 3: Special Qualification
 For a foreigner to be the able to become a  Years of continuous residence required
Philippine Citizen, a proper petition shall be under second condition of last
filed in the proper court which after due proceeding section shall be understood
hearing shall issue the certificate of as reduced to 5 years for any petitioner
naturalization. having any of the following qualifications
Sec 2: Qualifications 1. Honorably held office under the
government of PH or under that of

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any of the provinces, cities, 1.) Naturalization in foreign country

municipalities or political subdivision 2.) Express renunciation of citizenship
therof 3.) Subscribing to an oath of allegiance to
2. Established new industry or support consti or laws of foreign country
introduced a useful invention in PH upon attaining 21 years of age or more.
3. Married a Filipino woman PROVIDED:
4. Engaged as teacher in PH in public Filipino may not divest himself of PH
or recognized private school not citizenship in any manner while Republic of
established for exclusive instruction PH is at war with any country
of children of persons of particular 4.) By rendering service to, accepting
nationality or race, in any of the commission in armed forces of foreign
branches of education or industry for country
a period of not less han 2 years. PROVIDED:
5. Born in PH Rendering service to acceptance of such
commission in the armed forces of foreign
Sec 4: Who are disqualified country and taking of an oath of allegiance
1. Opposed to organize government or incident thereto with consent of Rep of PH
affiliated with any association or group of shall not divest a Fil of his PH citizenship if
persons who uphold and teach doctrines either off the following circumstances is
opposing all organized governments present
2. Defending or teaching the necessity or a. Defensive and/or offensive pact of
propriety of violence, personal assault, or allegiance with said foreign country
assassination for the success and b. Foreign country maintains armed
predominance of their ideas forces of PH territory with consent of
3. Polygamists or believers in practice of Rep of PH
polygamy PROVIDED:
4. Convicted of crimes involving moral He does so only in connection w/ his
turpitude service to said foreign country
5. Mental alienation or incurable contiguous PROVIDED FINALLY:
diseases Any Filipino citizen who is rendering
6. Persons who during period of their service to, or is commissioned in, the
residence in PH have not mingled armed forces of foreign contry under any of
socially with the Filipinos or who have the circumstances mentioned shall not be
not evinced a sincere desire to learn and permitted to participate nor vote in any
embrace all customs, traditions and election during period of his service to
ideals of Filipinos commission
7. Citizens or subjects of nations with whom Upon discharge, he shall automatically be
PH are at war during the period of war entitled to full enjoyment of his civil and
8. Citizens or Subjects of foreign country political rghts as Fil Citizens
other than US whose laws do not grant 5.) Cancelllation of cert of naturalization
Filipinos the right to become naturalized 6.) Having been declared by competent
citizens or subject therof authority a deserter of PH armed forces
in time of war unless subsequently, a
LOSS OF CITIZENSHIP plenary pardon or amnesty has been
Grounds for loss of Citizenship granted

Aleezah Gertrude Regado

7.) In case of a woman, upon her marriage

to foreigner if by virtue of laws in force of
her husband’s country she acquires his

1. By naturalization
2. Reparation of deserters of Army, Navy or
Air Corps
3. Direct act of Congress of PH



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consent is essential to every marriage.

(Eaton v Eaton)
 State’s consent is manifested/ granted
vicariously by the people granted by state the
privileged authority to solemnize marriage.
The institution of marriage is so directly
conserned with public welfare that state is
third party thereto.
Art. 7. Marriage may be solemnized by: HOW DO YOU REMEMBER THE CONCEPT OF
(1) Any incumbent member of the PARTIES IN A MARRIAGE
judiciary within the court's
Officiates celeb
jurisdiction; STATE of marriage
through person
(2) Any priest, rabbi, imam, or minister of solemnizing the
any church or religious sect duly same
authorized by his church or religious
sect and registered with the civil  Such MAN person MUST have
registrar general, acting within the authority from the
limits of the written authority granted government at time of celebration ofr
by his church or religious sect and marriage.
provided that at least one of the
 Article 7 defines the limits and scope of
contracting parties belongs to the
solemnizing officer's church or authority granted to the solemnizers.
religious sect;  IF THEY FAIL TO COMPLY W/ ANY
(3) Any ship captain or airplane chief marriage is generally void in absence of a
only in the case mentioned in Article formal requisite (Authority of solemnizing
officer) [except if parties believed in good
(4) Any military commander of a unit to faith that such person is authorize to do so]
which a chaplain is assigned, in the THE WHO?
absence of the latter, during a military 1. JUDGES  Can solemnize marriage
operation, likewise only in the cases ONLY w/in their court’s
mentioned in Article 32; jurisdiction
 If solemnized beyond his
(5) Any consul-general, consul or vice- jurisdiction, there is
consul in the case provided in Article absence of formal
10. requisite. Hence marriage
is void.
AUTHORIZED SOLEMNIZERS OF  When judge solemnizes
MARRIAGE marriage outside his
 Marriage have always been considered as court’s jurisdiction, there
involving questions of public policy and is resultant irregularity in
formal requisite laid down
interest of other than those of contracting
in Art 3, which may
parties and should therefore be construed in subject the officiating
accordance with such policy. (Cunningham v. official to administrative
Cunningham) liability [that statement is
 Need to limit persons who solemnize erroneous] Law clearly
marriage.State being an interested party, its provides that judge has

Aleezah Gertrude Regado

authority only if he/she religious sector

solemnizes w/in his/her -Written authority granted
jurisdiction. Non- to priest by his sect may
observance of this rule is impose limitation as to
not mere irregularity place where he could
because it generally solemnize marriage.
makes marriage null and (Navarro v. Domagtoy)
void. (Navarro v. Domagtoy) 3. SHIP  FOLLOWING
 But since principal issue CAPTAIN REQUISITES MUST
in Domagtoy case AND CONCUR
involves liability of judge AIRPLANE 1. Marriage in
and not validity of CHIEF Articulo Mortis
marriage, said statement 2. Between
is mere obiter dictum. passengers or
 Supreme Court justice crew members
could solemnize 3. Generally
marriages anywhere in the ship/plane must
Philippines (Jurisdiction is be at sea or plane
of National Scope) must be in flight
2. PRIEST,  A priest means one  Assistant Pilot
RABBI, especially consecrated to  Even if he assumes
IMAM OR service of a divinity and command .
MINISTER considered as the medium  No law allowing such
through whom worship, assumption of authority
OR prayer, sacrifice or other for purposes of
RELIGIO service o be offered to one solemnizing marriage
US being worshipped and  Marriages can be
SECTOR pardon, blessing, and solemnized during stop
deliverance, obtained by overs at ports of call.
worshiper as priest of [means that voyage is
Baal, or of Jehovah or a not yet terminated.]
Buddhist priest. (Adong v. 4. MILITARY  FOLLOWING
MUST CONCUR TO 1. Must be a military
VALIDLY SOLEMNIZE A commander of unit
MARRIAGE 2. Commissioned
1. Duly authorized by Officer
religious sector 3. Chaplain must be
2. Act w/in limits of assigned to such
written authority unit
granted by church or 4. Chaplain must be
religious sect absent at time of
3. Register w/ civil marriage
registrar general 5. Marriage must be
4. At least one of one of articulo
contracting parties mortis
whose marriage 6. Contracting parties
he/she is to whether members of
solemnize belongs AF or civilians must
to his/jer church or be within zone of

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military operation. as husband and

 If chaplain is present, he wife.Declaration shall be
must be the one who contained in a marriage
should solemnize the cert which shall be
marriage (Art 7 (2) ) signed by contracting
o COMMISSIONED parties and their
OFFICER means his rank witnesses and attested
should start from 2nd by their solemnizing
lieutenant, ensign and officer
above  Marriage may be
o UNIT refers to a battalion solemnized other place
under present table of provided they shall
organization and not mere request said official in
company writing.
o WITHIN ZONE OF  Marriage between
MILITARY OPERATIONS Filipino and foreigner
implies widespread of abroad solemnized by
military activity over area PH consul [VOID]
and does not refer to a  Very authority of consul
simulated exercise beause is limited to Filipino
it requires absence of citizens. (absence of
civilian authorities formal req)
-May solemnize marriage  EXCEPTION:
even if contracting parties do Marriage between
not belong to his/her unit foreigner and Fil citizen
?CHAPLAIN- member of a abroad solemnized by
religious clergy who does PH consul assigned in
work in armed forces that country is recognized
5. CONSUL-  Consular agent cannot as valid in said host
GENERAL solemnize marriage country. (Art 26)
, CONSUL  They can solemnize  NOT AUTHORIZED TO
OR VICE marriage abroad only SOLEMIZE MARRIAGE
CONSUL when the contracting WITHIN PH
parties are both Filipino 6. MAYOR  Local government code
citizens of Jan 1, 1992
 They act as solemnizer of  Vice mayor of
marriage and perform municipality acting as
duties of local civil mayor has authority to
registrar such as solemnize marriage.
issuance of marriage
 Solemnities established  Under Art 35 (2), if marriage was
by PH laws shall be
solemnized by person not legally
observed in
execution.(Art 17 CC) authorized to solemnize a marriage and
 Thus contracting parties either the contracting parties believed in
shall personally appear good faith that such solemnizing officer
before him and declare in had such authority, then marriage shall be
presence in not less than considered as valid.
2 witnesses of legal age
that they take each other

Aleezah Gertrude Regado

Article. 8. The marriage shall be solemnized of Compliance issued by Family planning

publicly in the chambers of the judge or in Office
open court, in the church, chapel or temple,  Certifying that they had duly received
or in the office the consul-general, consul or adequate instructions and info on
vice-consul, as the case may be, and not responsible parenthood, family planning,
elsewhere, except in cases of marriages breast feeding and infant nutrition.
contracted on the point of death or in remote (well, yun lang most couples in PH, nanganak na
places in accordance with Article 29 of this muna’t lahat lahat ng basketball team bago pa
Code, or where both of the parties request the
solemnizing officer in writing in which case Art. 10. Marriages between Filipino
the marriage may be solemnized at a house citizens abroad may be solemnized by a
or place designated by them in a sworn consul-general, consul or vice-consul of
statement to that effect. the Republic of the Philippines. The
issuance of the marriage license and
VENUE the duties of the local civil registrar and
 Non-observance will not invalidate of the solemnizing officer with regard to
marriage but can subject persons who the celebration of marriage shall be
cause the violation to civil, criminal or performed by said consular official.
administrative liability
1.) Articulo Mortis  Duties of LCR and solemnizing officer:
2.) In a remote place in accordance with performed by them abroad.
Art 29 FC  Marriage ceremony shall be in accordance
3.) Both parties request a solemnizing with laws of the PH because Art 17 of CC
officer in writing pertinently provides that when contracts,
(Navarro v. Domagtoy) among others are executed before
Art. 9. A marriage license shall be issued by diplomatic or consular officials, among
the local civil registrar of the city or others are executed before the diplomatic
municipality where either contracting party and consular officials of RP in a foreign
habitually resides, except in marriages where country, solemnities by PH laws shall be
no license is required in accordance with observed in their execution
Chapter 2 of this Title

PLACE OF ISSUE Art. 11. Where a marriage license is

 Local Civil registrar of city or municipality required, each of the contracting parties
where either of them resides. shall file separately a sworn application
 If contracting parties obtain marriage for such license with the proper local
license in place other than place where civil registrar which shall specify the
ether of them resides, it is MERELY AN following:
IRREGULARITY (People v. Janssen) (1) Full name of the contracting party;
R.A 10354 (2) Place of birth;
“The responsible parenthood and (3) Age and date of birth;
reproductive health act of 2012” (4) Civil status;
 No marriage license shall be issued by
LCR unless applicants present a Certificate

Aleezah Gertrude Regado

(5) If previously married, how, when and  If LCR has knowledge of some legal
where the previous marriage was impediments, HE/SHE CANNOT
dissolved or annulled; DISCONTINUE PROCESS OF
(6) Present residence and citizenship; APPLICATION
(7) Degree of relationship of the  Must only note down the legal impediments
contracting parties; in application and thereafter issue marriage
(8) Full name, residence and citizenship license otherwise stopped by court.
of the father;
(9) Full name, residence and citizenship Art. 12. The local civil registrar, upon
of the mother; and receiving such application, shall require the
(10) Full name, residence and presentation of the original birth certificates
citizenship of the guardian or person or, in default thereof, the baptismal
having charge, in case the contracting certificates of the contracting parties or
party has neither father nor mother and copies of such documents duly attested by
is under the age of twenty-one years. the persons having custody of the originals.
The applicants, their parents or These certificates or certified copies of the
guardians shall not be required to documents by this Article need not be sworn
exhibit their residence certificates in to and shall be exempt from the documentary
any formality in connection with the stamp tax. The signature and official title of
securing of the marriage license the person issuing the certificate shall be
sufficient proof of its authenticity.
PURPOSE OF DOCUMENTARY If either of the contracting parties is unable to
REQUIREMENTS produce his birth or baptismal certificate or a
 Concern of state to make marriages the certified copy of either because of the
secure and stable institution they should be destruction or loss of the original or if it is
(Kilburn v. Kilburn) shown by an affidavit of such party or of any
 Mainly, task of seeing to it that these other person that such birth or baptismal
documentary proofs are accomplished is certificate has not yet been received though
addressed to Local civil registrar to secure the same has been required of the person
publicity and require a record to be made of having custody thereof at least fifteen days
marriage contracted. prior to the date of the application, such party
 It is also to discourage deception and may furnish in lieu thereof his current
seduction. residence certificate or an instrument drawn
 Prevent illicit intercourse under guise of up and sworn to before the local civil
matrimony and relieve from doubt the status registrar concerned or any public official
of parties who live together as man and wife. authorized to administer oaths. Such
(State v. Walker) instrument shall contain the sworn
declaration of two witnesses of lawful age,
MARRIAGE APPLICATION setting forth the full name, residence and
 Can be obtained by ANYBODU citizenship of such contracting party and of
 LCR has no choice but to accept his or her parents, if known, and the place
application and process the same up to the and date of birth of such party. The nearest of
time of the issuance of the marriage kin of the contracting parties shall be
license. preferred as witnesses, or, in their default,

Aleezah Gertrude Regado

persons of good reputation in the province or authorized by law to administer oaths. The
the locality. personal manifestation shall be recorded in
The presentation of birth or baptismal both applications for marriage license, and
certificate shall not be required if the parents the affidavit, if one is executed instead, shall
of the contracting parties appear personally be attached to said applications
before the local civil registrar concerned and
swear to the correctness of the lawful age of NO EMACIPATION BY MARRIAGE
said parties, as stated in the application, or  No more emancipation by marriage under FC
when the local civil registrar shall, by merely  Emancipation is attained if child reaches age
looking at the applicants upon their of 18 years. (Art 234 as ameded by R.A
personally appearing before him, be 6809) [AN ACT LOWERING THE AGE OF
convinced that either or both of them have MAJORITY FROM TWENTY-ONE TO
Art. 13. In case either of the contracting FOR OTHER PURPOSES]
parties has been previously married, the  Emancipation shall terminate parental
applicant shall be required to furnish, instead authority over the person and property of the
of the birth or baptismal certificate required in child who shall then be qualified and
the last preceding article, the death certificate responsible for all acts of civil life, save the
of the deceased spouse or the judicial decree exceptions established by existing laws in
of the absolute divorce, or the judicial decree special cases. (Art. 236.)
of annulment or declaration of nullity of his or  The act by which one who was unfree. or
her previous marriage. under the power and control of another, is
In case the death certificate cannot be set at liberty and madeliis own master (Black
secured, the party shall make an affidavit Law Dictionary)
setting forth this circumstance and his or her
actual civil status and the name and date of PARENTAL CONSENT
death of the deceased spouse.  If any of the contracting parties not being
emancipated by previous marriage is =< 18
Art. 14. In case either or both of the y/o but > 21. Consent of father, mother,
contracting parties, not having been surviving parent, or guardian or persons
emancipated by a previous marriage, are having legal charge of them. [in order
between the ages of eighteen and twenty-one, mentioned must be obtained before
they shall, in addition to the requirements of marriage license can be issued to
the preceding articles, exhibit to the local civil contracting parties]
registrar, the consent to their marriage of  Marrying age and majority are both 18
their father, mother, surviving parent or years of age.
guardian, or persons having legal charge of  Nevertheless, contracting parties between
them, in the order mentioned. Such consent 18 to below 21 MUST STILL obtain
shall be manifested in writing by the consent of parents as required under 2nd
interested party, who personally appears par of Art 236
before the proper local civil registrar, or in the  NON-COMPLIANCE however does ot
form of an affidavit made in the presence of make marriage invalid or void but merely
two witnesses and attested before any official annullable. Statute being regarded as

Aleezah Gertrude Regado

directory only in absence of any provision (21), they shall, in addition to

the requirements of marriage,
declaring such marriage absolutely void. secure the consent to their
(Browning v. Browning) marriage of their father,
 Parental consent required of parties does mother, surviving parent or
guardian, or persons having
not add anything to legal capacity of said legal charge of them, in the
comtracting partees, as the law itself order mentioned (Article 14,
declares that people 18 y/o and above can Ibid.).

legally and validly contract marriage.

 Required parental consent provision simply
Art. 15. Any contracting party between the
means that said contracting parties “may
age of twenty-one and twenty-five shall be
not be licensed to marry upon their own
obliged to ask their parents or guardian for
consent alone, but consent of parents must
advice upon the intended marriage. If they do
be added thereto” (Cushman v. Cushman)
not obtain such advice, or if it be unfavorable,
 Lack of consent does not affect validity of
the marriage license shall not be issued till
marriage, but only subjects those who
after three months following the completion
have neglected to acquire it to the
of the publication of the application therefor.
penalties of law. (Cushman v. Cushman)
A sworn statement by the contracting parties
to the effect that such advice has been
sought, together with the written advice
given, if any, shall be attached to the
application for marriage license. Should the
parents or guardian refuse to give any advice,
 Age of consent is the age at which person
this fact shall be stated in the sworn
are considered in law to be capable into
marriage relation.
Art. 16. In the cases where parental consent
BEFORE FC Any male aged 16 or upwards,
and any female of the age of or parental advice is needed, the party or
14 or upwards, not under any parties concerned shall, in addition to the
of the impediments mentioned
in Articles 80 to 84 of the Civil requirements of the preceding articles, attach
Code, may contract marriage a certificate issued by a priest, imam or
(Article 54, Civil Code of the
minister authorized to solemnize marriage
If the male is less than 20 under Article 7 of this Code or a marriage
years old and the female is counselor duly accredited by the proper
less than 18 years old, they
shall be required to obtain the government agency to the effect that the
consent to their marriage of contracting parties have undergone marriage
their father, mother or counseling. Failure to attach said certificates
guardian, or persons having
legal charge of them, in the of marriage counseling shall suspend the
order mentioned (Article 61, issuance of the marriage license for a period
of three months from the completion of the
EFFECTIVITY OF Marrying age of both the
parties to a marriage was publication of the application. Issuance of the
fixed at eighteen (18) years marriage license within the prohibited period
old (Article 5, Family Code of
the Philippines). shall subject the issuing officer to
In case either or both parties administrative sanctions but shall not affect
are between the ages of the validity of the marriage.
eighteen (18) and twenty-one

Aleezah Gertrude Regado

Should only one of the contracting parties  Notice: request all persons having
need parental consent or parental advice, the knowledge of any impediment to advice LCR
other party must be present at the counseling therof.
referred to in the preceding paragraph. 2.) Issue marriage license after completion
of period of publication.
PARENTAL ADVICE  However if parties between ages of 21-
 Absence does not affect marriage 25 do not obtain advice of parents or if
 Does not even make marriage annullable such advice is unfavorable, LCR shall
 While it is not an essential nor formal not issue marriage license til after 3
requirement under Art 2 & 3 prescribing months following completion of
parental advice in keeping with PH tradition publication
and does not bar marriage totally.  WHAT IF ISSUED W/IN 3 months?!
 It is just a vehicle to induce further and ore  Marriage is valid.
mature deliberation over decision to get  Parental consent required or Parental
married. advice needed, failure of parties to
attach such application a certification that
REMEMBER they have undergone marriage consoling
PARENTAL CONSENT V. PARENTAL ADVICE shall suspend issuance of ML for period
At least 18 and below 21 to 25 years of age of 3 months.
21  Issuance of ML w/in prohibited period
Annulable {Defect in Does not affect
shall subject issuing officer to
essential requirement } marriage
administrative sanctions but shall not
affect validity of marriage
Art. 17. The local civil registrar shall prepare a
notice which shall contain the full names and Art. 18. In case of any impediment known to
residences of the applicants for a marriage the local civil registrar or brought to his
license and other data given in the attention, he shall note down the particulars
applications. The notice shall be posted for thereof and his findings thereon in the
ten consecutive days on a bulletin board application for marriage license, but shall
outside the office of the local civil registrar nonetheless issue said license after the
located in a conspicuous place within the completion of the period of publication,
building and accessible to the general public. unless ordered otherwise by a competent
This notice shall request all persons having court at his own instance or that of any
knowledge of any impediment to the marriage interest party. No filing fee shall be charged
to advise the local civil registrar thereof. The for the petition nor a corresponding bond
marriage license shall be issued after the required for the issuances of the order.
completion of the period of publication
DUTY OF LOCAL CIVIL REGISTRAR Art. 19. The local civil registrar shall require
1.) Post notice to inform everybody of the payment of the fees prescribed by law or
impending marriage regulations before the issuance of the
marriage license. No other sum shall be
 Posted for 10 consecutive days on bulletin
collected in the nature of a fee or tax of any
board outside office of LCR in a conspicuous
kind for the issuance of said license. It shall,
place w/in building and accessible to genera
however, be issued free of charge to indigent
parties, that is those who have no visible

Aleezah Gertrude Regado

means of income or whose income is

insufficient for their subsistence a fact CRIMINAL LIABILITY OF LOCAL CIVIL
established by their affidavit, or by their oath REGISTRAR
before the local civil registrar. Marriage Law of 1929
 Sec 37: Influencing parties in
COURT INTERVENTION  Sec 38: Illegal issuance or
 In case any impediment known to LCR or refusal of license
brought to his attention, he shall MERELY
NOTE DOWN PARTICULARS THEREOF Art. 20. The license shall be valid in any part
AND HIS FINDINGS THEREON ON of the Philippines for a period of one hundred
APPLICATION FOR MARRIAGE twenty days from the date of issue, and shall
LICENSE. be deemed automatically canceled at the
 He is nonetheless duty bound to issue expiration of the said period if the contracting
license after payment of necessary fees parties have not made use of it. The expiry
unless exempted due to indigence, after date shall be stamped in bold characters on
completion of period of pub or after period the face of every license issued.
of 3 months.
 Law does not restrain LCR from MARRIAGE LICENSE ANND DATE OF
investigating any impediment on part of ISSUE
contracting parties but LCR is only  Valid only within PH and not abroad
generally prohibited from withholding  Good for 120 days from date of issue
marriage license despite legal impediment  Date of signing of LCR =Date of issue
(J Caguioa)  Automatically ineffective upon expirty.
 Purpose of Art 18 as agreed upon by
committee members is to ELIMINATE any Art. 21. When either or both of the contracting
opportunity of extortion or for it to be a parties are citizens of a foreign country, it
source of graft. shall be necessary for them before a marriage
 Only court intervention directing non- license can be obtained, to submit a
issuance of ML can empower LCR to certificate of legal capacity to contract
validly refuse to issue said license. marriage, issued by their respective
 MAY BE BROGHT BY LCR HIMSELF OR diplomatic or consular officials.
ANY INTERESTED PARTY. Stateless persons or refugees from other
countries shall, in lieu of the certificate of
 What if LCR is pasaway and issues ML legal capacity herein required, submit an
despite injuction then nakasal na ang mga affidavit stating the circumstances showing
beshies? such capacity to contract marriage.
ML is not affected by violation of CERTIFICATE OR AFFIDAVIT OF LEGAL
injunction. [mere irregularity in formal CAPACITY
requisite of marriage license]  Citizens of Foreign country: contract
 Does not affect validity of marriage in PH
marriage but party or parties  If they are BOTH freigners and intent to have
responsible shall be civilly, criminally marriage solemnize by those mentioned in
and administratively liable. Art 7 of FC or mayor pursuant to LGC, then

Aleezah Gertrude Regado


 Before issuance of ML, they have to submit a CONSUL GENERAL IN PH
cert of legal capacity.  No need to obtain ML if their country’s laws
 Cert of Leg Cap is necessary because PH in allow the same.
so far as marriage is concerned, adhere to
law of contracting parties with respect to their Art. 22. The marriage certificate, in which the
legal capacity to marry. parties shall declare that they take each other
16 y/o US Legally capacitated to marry in as husband and wife, shall also state:
Citizen US wants to marry Fil here or (1) The full name, sex and age of each
another foreigner contracting party;
 By obtaining cert of (2) Their citizenship, religion and habitual
legal capacity stating
that in US, persons
under 16 years of age (3) The date and precise time of the
can be validly married. celebration of the marriage;
 Show to proper lcr (4) That the proper marriage license has been
where he is residing in issued according to law, except in marriage
PH provided for in Chapter 2 of this Title;
 Marriage license can (5) That either or both of the contracting
be subsequently
parties have secured the parental consent in
 W/O cert of legal cap, LCR will not issue appropriate cases;
ML. (6) That either or both of the contracting
 Law clearly provides that as to foreigner, parties have complied with the legal
this is a necessary requisite before ML requirement regarding parental advice in
can be obtained. appropriate cases; and
EXCEPTION to the rule that LCR even if finds an (7) That the parties have entered into
impediment in impending marriage must
marriage settlement, if any, attaching a copy
nevertheless issue the marriage license, unless
at his own instance, or that of an interested party, thereof.
he is judicially restrained from issuing marriage
license. Art. 23. It shall be the duty of the person
EH…. What if chaka si LCR, nag-issue pa rin solemnizing the marriage to furnish either of
then kinasal yung mga atat na beshies. the contracting parties the original of the
 Marriage still considered valid as this is marriage certificate referred to in Article 6
merely an irregularity in complying with the
and to send the duplicate and triplicate
formal requirement of law in procuring
marriage license. copies of the certificate not later than fifteen
days after the marriage, to the local civil
registrar of the place where the marriage was
STATELESS PERSONS OR REFUGEES solemnized. Proper receipts shall be issued
 Required to file an affidavit stating by the local civil registrar to the solemnizing
circumstances showing such capacity to officer transmitting copies of the marriage
contract marriage in lieu of certificate of certificate. The solemnizing officer shall
legal cap. retain in his file the quadruplicate copy of the
marriage certificate, the copy of the marriage
IF CONTRACTING PARTIES WHO ARE certificate, the original of the marriage license
CITIZENS OF FOREIGN COUNTRY and, in proper cases, the affidavit of the

Aleezah Gertrude Regado

contracting party regarding the solemnization  Mere photostat of marriage cert is a

of the marriage in place other than those worthless piece of paper (Vda De Chua v.
mentioned in Article 8 CA)
 But if such Photostat copy emanated from
PRESUMPTION OF MARRIAGE Office of LCR and duly certified by LCR as
 Man & Woman deporting themselves as an authentic copy of the records in his
husband and wife have entered into lawful office such certified Photostat copy is
contract of marriage [presumption admissible as evidence.
satisfactory if uncontradicted]  If presented in court w/o objection from
 Presumption may be contradicted and opposing parties and consequently
overcome by evidence. admitted by court, said photostaat copies
 Law and public policy lean toward are deemed sufficient proof of facts
legalizing matrimony contained therein and therefore can be
 Presumption gains strength through lapse proof of marriage. (Sy v CA)
of time.  Baptismal certs, birth certs, jud deci, and
 When celebration of marriage is once family bible in which names of spouses
shown, the contract of marrage, capcity of have been entered as married are good
parties and fact everything necessary for evidences of marriage (Trinidad v. CA)
validity of marriage, in absence of proof to  Cert of marriage made many years after
contrary will be presumed (Gaines v. New marriage is inadmissible especially where
Orleans) there was no register of marriage in official
 Public policy should aid acts intended to records (Gaines v. Relf)
validate marriage and should retard acts  Failure to present marriage cert is not fatal
intended to invalidate marriages. This is in case where marriage is in dispute as the
necessary for the order of society. (Adong parties can still rely on presumption of
v. Cheong Seng Gee) marriage (Rivera v. IAC)
 If shown that either/nnoth parties have  Abence of record of the contested
been previously married and that such wife marriage was asserted to assail the
or husband of first marriage is still living, existence of marriage, SC rehected
does not destroy prima facie legality of last assertions by stating:
marriage. Presumption is that former 1. Although marriage contract is
marriage has been legally dissolved and considered a primary evidence of
burden of proving that it has not rests upon marriage, its absence is not always
party seeking to impeach the last marriage. proof that no marriage took place.
(Wenning v. Teeple; Son Cui v. Evidence need not necessarily or
Guepangco) directly establish marriage but must at
least be enough to strengthen the
PROOF OF MARRIAGE presumption of marriage. These are
 May be proved by evidence of any kind public documents which are prima
(Pugeda v. Trias) facie evidence of facts stated herein.
 Primary evidence of marriage is the No clear and convincing evidence is
marriage contract or marriage certificate sufficient to overcome the presumption
(Lim Tanhu v. Ramolete) of the truth of recitals therein was
presented by petitioners.

Aleezah Gertrude Regado

2. Petitioner’s own witness whose alleged sposes and statement of such

testimony they primarily relied upon to marriage in subsequent documents are
support their proposition confirmed that competent evidence to prove the fact of
Guillermo Rustia had proposed marriage (Pugeda v. Trias)
marriage to Josefa Delgado and that  Solemn statement in will of deceased also
eventually two had lived together as admissible as proof of marriage. (Son Cui
husband and wife [this could not but v. Guepangco)
strengthen the presumption of  Mere cohabitation is not direct proof or
marriage] marriage which must be proved by proper
3. Baptismal cert was conclusive proof documents or by oral testimony in case
only of thee baptism administered by these have been lost (Santiago v. Cruz)
priest who baptized child. [No proof of  Conduct of parties in order to constitute as
the veracity of declarations and evidence of marital consent must be
statements contained therein such as something more than mere living together;
alleged single or unmarried civil status it must be an association, consciously and
of Josefa Delgado] openly as h&w (Cox v. State)
Petitioners failed to rebut presumption of
marriage of Guillermo Rustia and Josefa PROOF TO ATTACK VALIDITY OF
Delagdo.(Vda. De La Rosa v. Heirs of MARRIAGE
Mariciana Rustia Vda. De Damian)  Evidence must be strong, distict and
satisfactory (Murchison v. Green)
 Testimony by one of parties or witess to  Statement of civil status of person in cert of
marriage or by person who solemnized title issued to him is not conclusive to show
marriage is admissible (Pugeda v. Trias) that he is not actually married. (Perido v
 Testimonies must themselves be credible Perido)
and must proceed from witnesswho is  Petitioner failed to assert absence of ML as
credible. (People v. Ignacio) ground of nullity in her petition based solely
 It is well-settled that entries in official on psychological incapacity under Art 36
records made in performance of a duty by and where she only invoked such absence
a public officer of PH or by person in of marriage license in her appeal to SC.
performance of duty specially enjoined by Supreme Court made an exception to the
law, are prima facie evidence of facts general rule that litigants cannot raise an
therein stated (Young v. Magayo) issue for the firs time on appeal and
 Marriage ceremony, testimony of an consequently declared marriage due to
eyewitness sufficient should disclose not absence of marriage license. SC said that
only performance of ceremony by in order to protect substantive rights of
someone, but that all circumstances parties: IT WAS MAKING AN EXCEPTION
attending it were such as to constitute it a TO APPLICATION OF SAID GR THAT
legal marriage. (State v. Hodgskins) MARRIAGE CONTRATC ITSELF WHICH
 Fact that marriage has been solemnized WAS PRESENTED AS EVIDENCE
gives rise to presumption that there is an CLEARLY SHOWED THAT
exchange of marital vows.(Balogbog v. CA) SOLEMNIZATION OF MARRIAGE
 Public and open cohabitation as husband OCCURRED BEFORE ISSUANCE OF
and wife after alleged marriage, birth and MARRIAGE LICENSE. (Sy v CA)
baptismal certs of children borne by

Aleezah Gertrude Regado

 While obtaining ML in place which is not evidences disproving existence of marriage

place of residence of any contracting also have probative value such that the
parties is merely an irregularity that does evidence if weighted against each other
not invalidate marriage (People v. prepodered in favor of assertion that there
Janssen) was no marriage (Sarmiento v. CA)
 Such circumstances may nevertheless be
an indication that ML is spurious or non- DECLARATORY RELIEF
existent which should necessitate further  Parties are not certain whether under law
investigation as to its authenticity. (Sy v they can proceed with marriage can file a
CA) petition for declaratory relief to seek from
 Official Cert issued by Office of LCR of court a judgment of their capacity o marry.
municipalty where particular marriage  Petition for declaratory relief may be brought
license has been issued stating that after by any person interested under deed, will
earnest effort to locate and verify existence contract or other written instrument
of particular ML, said office has no record  Whose right are affected for purpose of
of ML or is issued to another couple or is determing any question of construction or
spurious or fabricated is a convincing validity arising therefrom and for
evidence to destroy the validity of marriage declaration of his/her right or duties
on ground of absence of valid ml (Republic thereunder. (Republic v. Orbecido)
of PH v CA)
(REMEMBER THE PREVIOUS Art. 24. It shall be the duty of the local civil
ASSIGNED CASES) registrar to prepare the documents required
 In case where LCR certified that there was by this Title, and to administer oaths to all
no marriage license despite exertion of all interested parties without any charge in both
efforts but with an admission that, due to cases. The documents and affidavits filed in
work load of said office, it cannot give full connection with applications for marriage
force in locating marriage license licenses shall be exempt from documentary
compounded by fact that the custodian stamp tax.
already retired. SC did not allow the nullity
of marriage on ground of absence of Art. 25. The local civil registrar concerned
marriage license. (Servilla v. Cardenas) shall enter all applications for marriage
 Marriage followed by 40 years of licenses filed with him in a registry book
uninterrupted marital life > impugn and strictly in the order in which the same are
discredit after dead of husband through received. He shall record in said book the
alleged prior chinese marriage (Sy Joe names of the applicants, the date on which
Lieng v. Sy Quia) the marriage license was issued, and such
 However any presumption of marriage other data as may be necessary.
from fact that there was cohabitation
bertween man and woman many years ago EFFECT OF DUTY OF LOCAL CIVIL
may be considered offset by fact that for REGISTRAR
last 35 years they lived separately and  Specific government official charged with
several thousandmiles away from each preparation and keeping of all official
other (Fernandez v. Puath) documents in connection with marriage, any
 While birth certificates can prove fact of certification issued by him/her in connection
marriage between parties, pieces of with any matter involving marriage of any

Aleezah Gertrude Regado

particular individual within his/her jurisdiction

is given high probative value. (Rep of PH v.

 Office of LCR keeps marriage rester of all
persons married in its locality.
Art. 41. A marriage contracted by any person
during subsistence of a previous marriage shall be
null and void, unless before the celebration of the
subsequent marriage, the prior spouse had been
Art. 26. All marriages solemnized outside the absent for four consecutive years and the spouse
present has a well-founded belief that the absent
Philippines, in accordance with the laws in spouse was already dead. In case of
force in the country where they were disappearance where there is danger of death
solemnized, and valid there as such, shall under the circumstances set forth in the
provisions of Article 391 of the Civil Code, an
also be valid in this country, except those
absence of only two years shall be sufficient.
prohibited under Articles 35 (1), (4), (5) and
Art. 52. The judgment of annulment or of absolute
(6), 36, 37 and 38. (17a)
nullity of the marriage, the partition and distribution of
Where a marriage between a Filipino citizen the properties of the spouses and the delivery of the
and a foreigner is validly celebrated and a children's presumptive legitimes shall be recorded in
divorce is thereafter validly obtained abroad the appropriate civil registry and registries of property;
otherwise, the same shall not affect third persons. (n)
by the alien spouse capacitating him or her to
remarry, the Filipino spouse shall have Art. 53. Either of the former spouses may marry
capacity to remarry under Philippine law. again after compliance with the requirements of
the immediately preceding Article; otherwise, the
subsequent marriage shall be null and void

Art. 36. A marriage contracted by any party

who, at the time of the celebration, was
psychologically incapacitated to comply with
the essential marital obligations of marriage,
shall likewise be void even if such incapacity
becomes manifest only after its

Art. 37. Marriages between the following are

OVERVIEW: incestuous and void from the beginning,
whether relationship between the parties be
Art. 35. The following marriages shall be void legitimate or illegitimate:
from the beginning:
(1) Between ascendants and descendants of
any degree; and
(1) Those contracted by any party below
eighteen years of age even with the (2) Between brothers and sisters, whether of
consent of parents or guardians; the full or half blood. (81a)

(4) Those bigamous or polygamous Art. 38. The following marriages shall be void
marriages not failing under Article 41; from the beginning for reasons of public
(5) Those contracted through mistake of [23]
one contracting party as to the identity of (1) Between collateral blood relatives
the other; and whether legitimate or illegitimate, up to the
fourth civil degree;
(6) Those subsequent marriages that are
(2) Between step-parents and step-children;
Aleezah Gertrude Regado

 If both are foreigners, lex loci

celebrationis applies.

1.) Contracted by national who is below
18 y/o (No legal capacity to contract
marriage under Art 35) [When both
parties contracting marriage abroad
are Fil citizens]
2.) Incestuous marriage (ewww)
3.) Bigamous or Polygamous except as
provided in Art 41 FC
4.) Contracted through Mistake of one
party as to identity of the other (like
twin na wa naman imik di naman pala
siya fiancé mo)
5.) Contracted following the Annulment
or declaration of nullity of a previous
marriage but before partition
6.) When any of the party is
Psychologically incapacitated when
marriage was celebrated (Art 36)
7.) Marriage is void by reason of Public

 Family code expressly provides that except
for marriages prohibited under Art 35 (1),
(4), (5), (6) , 36,37,38, marriages
solemnized abroad and which are valid
there as such are recognized as valid here.
 PH follows “lex loci celebrationis rule”
GENERAL RULE  General principle of international and
 Marriages contracted outside the PH interstate law that validity of marriage, so
and are performed in accordance with far at least as it depends upon the
laws in force in country where they preliminaries, and manner or mode of its
were solemnized are valid in this celebration is to be determined in
country reference of law of place where it is
 In case Filipino contracts foregn celebrated.Therefore, marriage valid
marriage which is null and void in place celebrated will generally be regarded as
where it was solemnized, same shall valid everywhere and where there is bona
also be null and void in PH even if such fide attempt on part of parties to effect a
was valid if celebrated under PH laws. legal marriage, every presumption will be

Aleezah Gertrude Regado

in favor of the marriage. (Medway v. laws in force in country where they are
Needham) solemnized.
 IF however, foreign marriage is to be
 Conversely, marriage void where it is solemnized inside PH consulate abroad,
celebrated is void everywhere. But under such marriage must observe the forms and
the operation of rule that all presumptions solemnities established by PH laws.
favor marriage and every bona fide attempt
to effect it, and since courts are extremely EXCEPTIONS
reluctant and rightly so, to declare  Under FC, if either or both contracting parties
marriage void exceptfor strongest and are Filipinos and they are below 18 years of
most obvious reasons, the converse rule is age, their marriage solemnized abroad will
subj to many exceptions ad will not be not be recognized in PH even if marriage is
enforced where circumstances afford a valid in place where it has been solemnized
reasonable ground for the course taken  Our law clearly adheres to the rule that
and show a bona fide attempt to effect a marrying capacity of contracting parties is
marriage. (Medway v. Needham) governed by national law of that party (PH
 [ remember Art 15 stating that laws relating
MATTER OF INTERNATIONAL COMITY to family rights and duties or to status,
 Legal effect which be given by one state to conditions and legal capacity of persons are
the marriage laws of another state is binding upon citizens of PH even though
merely because of comity or because of living abroad.] #WhereverYouGo
public policy and justice demand the
recognition of such laws (Henderson v  If one is Fil and another is an alien whose nat
Henderson) laws capacitate persons below 18 y/o to
 No state is bound by comity to give effect marry: FC does not give precise solution.
in its courts to laws which are repugnant to (WELL) With respect to legal capacity, our
its own laws and policy (Brimson v. country follows the nationality rule, hence
Brimsom) should accord respect to laws of the country
 WHY? : because every sovereign state is in so far as the legal capacity to marry the
the conservator of its own morals and good foreigner is concerned.
order of society (Jackson v. Jackson) BETTER RULE: Exception under Art 26
 Each sovereign state has right to declare referring to Art 35 (1) should be construed
what marriage its will and will no recognize as referring to situation where marriage
regardless of whether participants are abroad is between a Filipino and a
domiciled w/in or w/o its borders (US ex rel Fiilipina and not between Filipino or
Modianos v. Tutle) and not withstanding Filipina and an alien married in Alien’s
such marriages validity under the laws of state where he/she is (the alien) though
foreign state where such marriages were below 18 years of age is capacitated to
contracted. (Kapigan v. Der Minassian) Marry
 Hence applying 1st paragraph of Art 26, LET’S MAKE IT CLEAR
marriages w/o license solemnized abroad INVALID [Art 35 (1) ]
and proxy marriages abroad, valid in PH if Juan 19 y/o and Juana 14 y/o married
such marriages are valid in accordance w/ abroad in a country where marriage above
13 y/o is valid.

Aleezah Gertrude Regado

VALID Marriage abroad where there is mistake of

Juan (17 y/o) and Maria Ozawa (33 y/o) identity of other contracting party is ALSO
married abroad where marriage below 18 y/o NOT RECOGNIZED in PH
is valid.  Even if one who committed mistake
 Take note Juan: Fil
were the foreigner spouse.
 Maria Ozawa : Alien

Bigamous and Polygamous marriages,  Spouse able to annul or to declare as null

though valid abroad shall likewise not be and void his/her marriage but failed to
recognized in PH. record judicial decree with LCR, to partition
BIGAMOUS POLYGAMOUS & distribute their properties and deliver
 Committed by  Act or state of presumptive legitime of their children, any
person who a person who, subsequent marriage of either spous shall
cotracts 2nd nowing that he be void. [Art 53 in relation to Art 52 of FC]
marriage before has 2 or more  Marriage by Fil to a person who is
former marriage wives or that psychologically incapacitated to perform
has been legally he has two or essential marital obligations abroad even if
dissolved or more
valid in foreign country where it has bee
before the husbands
absent spouse marries solemnized shall not be considered valid
has been another here.
declared - even if valid in foreign country where it
presuptively has been solemnized shall not be
dead by means considered valid here.
of judgment
 Marriages between ascendants and
rendered in
proper descendants of any degree as well as
proceeding (US between brothers and sisters whether full or
v Mcleod) half blood are likewise not considered as
KEYWORD: KEYWORD: valid here even if such marriages were
2 marriage
nd 2 or more allowed in country where they were
 Marriages declared void under PH laws for
being against public policy.
Under Art 41 of FC
 Even if not illegal or not against pub policy
 Bigamous marriage may be recognized
where it was solemnized. (Art 38)
: When before marriage, one of the spouse had (CONTINUE NOTES!)
been absent for 4 consecutive years or 2
consecutive years in case where there is
danger of death and spouse present has a
well-founded belief that the absent spouse is
already dead.
<2nd marriage is valid w/o prejudice to
reappearance of absentee spouse.>

Aleezah Gertrude Regado

Art. 28. If the residence of either party is so

located that there is no means of
transportation to enable such party to appear
personally before the local civil registrar, the
marriage may be solemnized without
necessity of a marriage license.

Art. 29. In the cases provided for in the two

preceding articles, the solemnizing officer
shall state in an affidavit executed before the
local civil registrar or any other person legally
authorized to administer oaths that the
marriage was performed in articulo mortis or
that the residence of either party, specifying
the barrio or barangay, is so located that
there is no means of transportation to enable
such party to appear personally before the
local civil registrar and that the officer took
the necessary steps to ascertain the ages and
relationship of the contracting parties and the
absence of legal impediment to the marriage.

Art. 30. The original of the affidavit required in

the last preceding article, together with the
legible copy of the marriage contract, shall be
sent by the person solemnizing the marriage
to the local civil registrar of the municipality
where it was performed within the period of
thirty days after the performance of the

Art. 31. A marriage in articulo mortis between

passengers or crew members may also be
solemnized by a ship captain or by an
CHAPTER 2 airplane pilot not only while the ship is at sea
MARRIAGE EXEMPT FROM LICENSE or the plane is in flight, but also during
REQUIREMENT stopovers at ports of call.

Art. 27. In case either or both of the Art. 32. A military commander of a unit, who
contracting parties are at the point of death, is a commissioned officer, shall likewise have
the marriage may be solemnized without authority to solemnize marriages in articulo
necessity of a marriage license and shall mortis between persons within the zone of
remain valid even if the ailing party military operation, whether members of the
subsequently survives. armed forces or civilians.

Aleezah Gertrude Regado

 EXCEPT FOR MUSLIMS who are now

Art. 33. Marriages among Muslims or among governed by Code of Muslim Personal Laws
members of the ethnic cultural communities of PH, various ethic groups in PH and
may be performed validly without the contracting parties refered to in said article
necessity of marriage license, provided they must comply with all other essential and
are solemnized in accordance with their formal requirements provided under Art 2 & 3
customs, rites or practices. of FC.
 Also solemnizing officer: Art 7.
Art. 34. No license shall be necessary for the ARTICLE 35
marriage of a man and a woman who have ARTICLE 36
lived together as husband and wife for at ARTICLE 37
least five years and without any legal
impediment to marry each other. The
contracting parties shall state the foregoing
facts in an affidavit before any person
authorized by law to administer oaths. The
solemnizing officer shall also state under RATIONALE
oath that he ascertained the qualifications of
 Necessity and Practicality
the contracting parties are found no legal
 Policy of state to, as much as possible,
impediment to the marriage.
validate or legitimize illicit cohabitation
between persons who do not suffer any legal
impediment to marry.
ARTICLE 27 at the point of death
ARTICLE 28 located that there is no means of FAR AREAS
transportation to enable such party to  “no means of transportation to enable such
appear personally before the local civil party to appear PERSONALLY before
ARTICLE 31 articulo mortis between passengers or LCR”
crew  Marriage may be solemnized w/o marriage
ARTICLE 32 authority to solemnize marriages in
articulo mortis between persons within
the zone of military operation   W/O this, illicit relationships may
ARTICLE 33 among Muslims or among members of proliferate only because parties could not
the ethnic cultural communities
(solemnized in accordance with their
get marriage license with really no fault on
customs, rites or practices.) their part.
ARTICLE34 lived together as husband and wife for at
least five years and without any legal
impediment to marry each other
 Explicitly declared by Art 3(2) as exemptions SOLEMNIZING OFFICERS UNDER ART 7 AND
to formal requirement of valid marriage THE MAYOR
license.  On basis of Art 27 all those who are
 Likewise provided for in Art 9 which provides authorized to solemnize marriage
that “marriage license shall be issued by enumerated in Art 7 & Mayor are
LCR of city or municipality where either of empowered to act as solemnizer of
contracting parties habitually reside, except marriage even w/o valid marriage license.
in marriage where no license is required in  Well, yung kailagan mo lang naman
accordance with Chapt 2 of this Title. tandaan here is that all solemnizing officers
must be a valid solemnizing officer

Aleezah Gertrude Regado

according to Art 7. (jurisdiction x requisites, with these laws shall be recognized

stuff like that) (ay taray pati dissolution beshy)
 In articulo mortis, even if ailing party
subsequently survives, marriage will OTHER ETHNIC GROUPS FAMILY
remain valid. CODE
 Only marriages in artiuclo mortis
 When ship is at sea, plane is on flight and
even during stopovers at ports of call. MUSLIM CAR
 Only among their passengers and crew law
 Commissioned officer (rank 2nd lieutenant, COHABITATION FOR FIVE YEARS (Art 34 FC)
ensign and above) Two distinct conditions
 Commander of a unit (at least a battalion) 1.) Live as such for at least 5 years
 Only articulo mortis and in absence of characterized by exclusivity and
chaplain (chaplain should compy w/ Art 7 continuity that is unbroken ( Republic v.
(2) Dayot)
 W/IN zone of military operations and during 2.) Be without legal impediment to marry
such military operations each other
 Either members of armed forces or (While both conditions must concur, they do not
civilians qualify each other)
 Under Civil Code, for as long as marriages “Absence of legal impediment”
of ethnic groups, pagans and Muslims  At time of marriage (J; Puno)
were performed in accordance with their
customs, rights and practices, such
marriage: VALID (Art 78 CC) (Art 76 CC repealed by Art 36 FC (NOW)
Art 36 FC)
Code of Muslim Personal Laws of PH
– Feb 4,1997 [effectively same year] 1. Lived as  Provides a broader
It does not provide that for a marriage to be husband and condition by an
valid, ML has to be procured by contracting wife for at amendment that no legal
parties least 5 years impediment exists with
2. Attained age contracting parties
 Aug 3,1988, FC took effect expressly of majority “Legal impediment”
providing that Muslims and ethnic 3. Must be  Any possible ground or
groups are exempted only from procuring unmarried basis under fam code
a marriage license as long as marriage *mandatory whole 5 Presence and absence of
will be solemnized in accordance with years no legal impediment only considered @
their customs, rites and practices. impediment* time of celebration of marriage
 Marry paramour  Spouse living in w/
R.A No. 6766 “Organic Act for Cordillera when legitimate paramour can avail
Autonomous Region (CAR) Art 10, Sec 2 spouse dies exception and marry his
 Marriages solemnized between or (cohabited for 5 paramour w/o marriage
among members of indigenous tribal years) license after death of legal
group/ cultural community in spouse
accordance w/ the indigenous
customary laws of place shall be valid (Office of Court Administrator v. Necessario)
and dissolution thereof in accordance  Errorneous

Aleezah Gertrude Regado

 Judges made statement that for exception to

apply “parties should have been capacitated to Falsity of affidavit
marry each other during entire period and not  Cannot be considered to be mere
only at time of marriage” irregularity considering that 5 year period is
 They applied Art 76 CC a substantial requirement of the law to be
 But case was administrative & does not deal w/
exempted from obtaining marriage license.
validity of marriage, therefore statement only
(De castro v. Assiadao-Ce Castro)
an obiter dictum.

 Under exception of cohabitation for 5
 Procedure laid down in Art 29 to 30 of FC
years, contracting parties shall state the
relative to duties of S.O w/ respect to affidavit
fact of their cohabitation for at least 5 years
he/she has to execute is MERELY
and absence of any legal impediment to
marry in an affidavit before any person
 Non-observance : will not render marriage
authorized by law to administer oath.
void or annullable (Loria v. Felix)
 Solemnizing officer shall also state under  HOWEVER UNDER MARRIAGE LAW OF
oath that he ascertained qualifications of 1929, those solemnizing officers who fail to
the contracting parties and found no legal comply shall be punished by imprisonment,
impediment to marriage. Failure of by fine or both in the discretion of court.
solemnizing officer to investigate shall not
invalidate marriage. Chapter 3. Void and Voidable
(Cosca v. Palaypayon)
 Judge solemnized marriage involving party Art. 35. The following marriages shall be void
only 18 y/o . from the beginning:
 Judge acted improperly because he should
have conducted first an investigation as to the (1) Those contracted by any party below
qualification of parties. eighteen years of age even with the consent
 Should have been alerted by the fact that child of parents or guardians;
was 18 y/o at time of marriage ceremony w/ (2) Those solemnized by any person not
means that parties started living together when
legally authorized to perform marriages
she was barely 13 y/o. Thus there was
unless such marriages were contracted with
probability that affidavit was forged.
 SC nevertheless did not state that marriage either or both parties believing in good faith
was void because clearly at time of marriage that the solemnizing officer had the legal
ceremony, parties had no legal impediment to authority to do so;
marry. (3) Those solemnized without license, except
those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages
Aim of this provision not failing under Article 41;
 Avoid exposing parties to humiliation, shame (5) Those contracted through mistake of one
and embarrassment concomitant w/ contracting party as to the identity of the
scandaloys cohabitation of persons outside a
other; and
valid marriage due to publication of every
(6) Those subsequent marriages that are void
applicant’s name for marriage license. (De
Castro v. Assiadao- De Castro) under Article 53.

Aleezah Gertrude Regado

Marriages declared void by legislature

Let’s make memorizing easier!  There can be no void marriages outside
KINDS OF VOID MARRIAGES [L.A.P.I.S] specifically provided by law.
1.) Contrary to Law or Public Policy  Grounds for void marriages may co-exist in
2.) Absence of Essential or Formal one case
requisites Like minor na nga you, waley ka pa
3.) Either of parties is Psychologically
marriage license, deins pa you nadala
4.) Incestuous marriages collateral blood relative pa yung jowa mez
5.) Void Subsequent marriages within 4th civil degree of consanguinity.
 But take note it has only one cause of
action which is nullity of marriage. (Mallion
VOID MARRIAGES v. Alcantara)
 Not valid from its inception.  Well, hindi pag it is with any other
 Absence of essential and formal requisites incidental prayers like support (Mallon v.
as provided for in Art 2 & 3 FC renders Alcantara)
marrage void (Art 4 FC)
ARTICLE WHAT DOES IT SAY Void is different from Voidable or annullable
27 In case either or both of the marriage under Art 45 FC
contracting parties are at the  A marriage that is annulled presupposes
point of death, the marriage may
be solemnized without necessity that it subsist but later ceases to have legal
of a marriage license and shall effect when it is terminated through court
remain valid even if the ailing action. BUT in nullifying a marriage, court
party subsequently survives simply declares a status or condition which
28 Residence of either party is so
located that there is no means of already exists from the beginning (Suntay
transportation to enable such v. Conjuanco-Suntay)
party to appear personally before
the local civil registrar VOIDABLE VOID (Void ab initio)
31 Marriage in articulo mortis
between passengers or crew
members by ship captain or Valid until otherwise Considered as never to
airplane pilot declared by court have taken place and
32 military commander authority to cannot be a source of
solemnize marriages in articulo rights
mortis Can generally be Can never be ratified
33 Marriages among Muslims or ratified or confirmed by
among members of the ethnic free cohabitation or
cultural communities prescription
34 Lived together as husband and Cannot be assailed Can be attacked
wife for at least five years and collaterally except in collaterally
without any legal impediment to
direct proceeding
marry each other.
Assailed only during Can be questioned
35 (2) (2) Those solemnized by any
person not legally authorized to lifetime of parties but even after death of
perform marriages unless such after death of either, either party
marriages were contracted with parties and their
either or both parties believing in offspring will be left as
good faith that the solemnizing if the marriage had
officer had the legal authority to been perfectly valid
do so; Action prescribes Action or defense is

Aleezah Gertrude Regado

imprescriptible  Ruling gave more weight to procedure

Only parties (or Any proper interested rather than substantial law WHICH SHOUL
parents and guardians) party may attack void NOT BE THE CASE. Decision did not take
can assail it marriage into account that no amount of ratification,
Property regime No legal effect except
waiver, acquiescence or estoppel can
governing voidable those declared by law
marriage is generally concerning properties validate void marriage.
conjugal partnership of alleged spouses  A null and void marriage cannot be
(or absolute regarding co- validated directly or indirectly.
community) and the ownership or  In this case SC gave valid effect to an
children conceived ownership through invalid marriage which is inconsistent with
before its annulment actual joint contribution very notion of void marriages.
are considered and its effects on
legitimate children
 Void marriages can never be ratified or
General Rule
cured by any act of the contracting parties.
 Good faith and bad faith are immaterial in
 Neither could estoppel or acquiescence
determining whether a marriage is null and
apply to remedy the infirmity.
1) Party minor at time of marriage – marriage  Even if a woman believed in good faith that she
is void and can still be judicially declared married a man not related to her but who in fact
void; there can be no estoppel just was his long-lost brother, her good faith will not
because parties agreed to false age. cure the infirmity even if she willingly and freely
2) In order to be exempted from procuring cohabited with him for a reasonable length of
marriage license, parties stated in their time after discovery. She can still nullify marriage
sworn statement that they were already because it is incestuous.
cohabiting continuously for 5 years to  If a person marries w/o marriage license or that is
comply with time requirement of law when spurious, and does not fall under exceptions,
in fact they cohabited for two years and marriage is void regardless of his/her good faith.
 If a person marries his first cousin knowing fully
marriage was consequently solemnized,
well of such relationship which he/she conceals
such marriage IS STILL NULL AND VOID
from his/her first cousin, marriage is still void and
on ground of absence of marriage license. it can be nullified
(De Castro v. Assidao-De Castro) Chi Ming Tsoi v. CA
(Republic v. Dayot)  Ground of psychological incapacity under Art
36 was invoked to nullify a marriage and
HOWEVER in Mallion v. Alcantara where evidence showed the spouses did not
 In not invoking ground of absence of engage in sexual intercourse but there was
marriage license in the first case and then no finding as to who between h & w refused
filing a subsequent case involving said to have sexual intercourse
 SC ruled that such absence of finding is
ground, petitioner violated the rule on
immaterial because action to declare
splitting of cause of action. marriage void may be filed by either party
 Petitioner was considered to be barred by even psychologically incapacitated one.
res judicata.
 Considered to have impliedly admitted the Chi Ming Tsoi vs. CA
validity of celebration of marriage and that (Every law student should know this tragic case)
he had therefore waived all defects. GR No. 119190, January 16, 1997

Aleezah Gertrude Regado

FACTS: marital obligations and the refusal is senseless

Chi Ming Tsoi and Gina Lao Tsoi was married in and constant, Catholic marriage tribunals
1988. After the celebration of their wedding, they attribute the causes to psychological incapacity
proceed to the house of defendant’s mother. than to stubborn refusal. Furthermore, one of the
There was no sexual intercourse between them essential marital obligations under the Family
during their first night and same thing happened Code is to procreate children thus constant non-
until their fourth night. In an effort to have their fulfillment of this obligation will finally destroy the
honeymoon in a private place, they went to integrity and wholeness of the marriage.
but Gina’s relatives went with them. Again,  Doctrine of unclean hands where court
there was no sexual intercourse since the should not grant relief to wrongdoer is not
defendant avoided by taking a long walk during
a rule as applied to nullity actions because
siesta or sleeping on a rocking chair at the living
room. Since May 1988 until March 1989 they it is merely judge-made and has no
slept together in the same bed but no attempt of statutory basis.
sexual intercourse between them. Because of  In declaring marriage void, state expresses
this, they submitted themselves for medical that it does not consider a union in a void
examination to a urologist in Chinese General marriage as serving the fundmental
Hospital in 1989. The result of the physical purpose of state of fostering and nurturing
examination of Gina was disclosed, while that of
a family which is a foundation of society.
the husband was kept confidential even the
medicine prescribed. There were allegations that Hence either husband or wife in a void
the reason why Chi Ming Tsoi married her is to marriage can file a case.
maintain his residency status here in the country.  Nonetheless, party who knew that he/she
Gina does not want to reconcile with Chi Ming was entering a void marriage before its
Tsoi and want their marriage declared void on solemnization may be held liable for
the ground of psychological incapacity. On the damages b other contracting party under
other hand, the latter does not want to have their
marriage annulled because he loves her very provisions on Human Relations in CC
much, he has no defect on his part and is specially Art 19-21 thereof.
physically and psychologically capable and since  Even if party’s intention in filing a
their relationship is still young, they can still declaration of nullity were less than pure
overcome their differences. Chi Ming Tsoi and was merely to evade bigamy case,
submitted himself to another physical such fact will not prevent declaration of
examination and the result was there is not
nullity on basis of clear showing that there
evidence of impotency and he is capable of
erection. was absence of marriage license
warranting such declaration (Abbas v.
ISSUE: Whether Chi Ming Tsoi’s refusal to have Abbas)
sexual intercourse with his wife constitutes EXCEPTIONS TO GENERAL RULE THAT
psychological incapacity. GOOD FAITH AND BAD FAITH ARE NOT
HELD: 1.) Art 35 (2) Those solemnized by any
The abnormal reluctance or unwillingness to person not legally authorized to perform
consummate his marriage is strongly indicative of marriages unless such marriages were
a serious personality disorder which to the mind contracted with either or both parties
of the Supreme Court clearly demonstrates an believing in good faith that the
utter insensitivity or inability to give meaning and solemnizing officer had the legal
significance tot the marriage within the meaning authority to do so;
of Article 36 of the Family Code. 2.) Art. 41. A marriage contracted by any
If a spouse, although physically capable but person during subsistence of a previous
simply refuses to perform his or her essential marriage shall be null and void, unless
Aleezah Gertrude Regado

before the celebration of the subsequent SCENARIO EFFECT

marriage, the prior spouse had been Only one in GF Share of party in BF in
absent for four consecutive years and co-ownership :
the spouse present has a well-founded FORFEITED
belief that the absent spouse was  In favor of common
already dead. In case of disappearance children
where there is danger of death under the Default of/ Waiver by Each vacant share
circumstances set forth in the provisions any/All common shall belong to
of Article 391 of the Civil Code, an children/their respective surviving
absence of only two years shall be descendants descendants
sufficient. Absence of Belong to innocent
For the purpose of contracting the descendants party
subsequent marriage under the In all cases forfeiture shall take place upon
preceding paragraph the spouse present termination of cohabitation
must institute a summary proceeding as  Rule above applies to all void marriages
provided in this Code for the declaration
of presumptive death of the absentee, Art. 147. When a man and a woman who are capacitated
without prejudice to the effect of to marry each other, live exclusively with each other as
reappearance of the absent spouse husband and wife without the benefit of marriage or under
a void marriage, their wages and salaries shall be owned
 Spouse may validly marry again if he/she by them in equal shares and the property acquired by both
of them through their work or industry shall be governed by
1. Has a well-founded belief that spouse is the rules on co-ownership.
dead In the absence of proof to the contrary, properties acquired
2. Procures judicial declaration of while they lived together shall be presumed to have been
presumptive death obtained by their joint efforts, work or industry, and shall be
3. At time of subsequent marriage owned by them in equal shares. For purposes of this
Article, a party who did not participate in the acquisition by
ceremony, is in good faith together with the other party of any property shall be deemed to have
subsequent spouse contributed jointly in the acquisition thereof if the former's
(otherwise marriage shall be considered void efforts consisted in the care and maintenance of the family
under Art 44 : If both spouses of the subsequent and of the household.
marriage acted in bad faith, said marriage shall Neither party can encumber or dispose by acts inter vivos
be void ab initio and all donations by reason of of his or her share in the property acquired during
marriage and testamentary dispositions made by cohabitation and owned in common, without the consent of
one in favor of the other are revoked by operation the other, until after the termination of their cohabitation.
of law.) When only one of the parties to a void marriage is in good
 Good faith: even if only one of the faith, the share of the party in bad faith in the co-ownership
contracting parties : OK shall be forfeited in favor of their common children. In case
 To be void: BOTH must be in bad faith of default of or waiver by any or all of the common children
or their descendants, each vacant share shall belong to the
respective surviving descendants. In the absence of
descendants, such share shall belong to the innocent
party. In all cases, the forfeiture shall take place upon
termination of the cohabitation.
As a general rule Art. 148. In cases of cohabitation not falling under the
 In void marriage, property regime is one of preceding Article, only the properties acquired by both of
the parties through their actual joint contribution of money,
co-ownership property, or industry shall be owned by them in common in
 In disposition of co-ownership at time of proportion to their respective contributions. In the absence
of proof to the contrary, their contributions and
liquidation, whether one of parties is in bad corresponding shares are presumed to be equal. The same
faith is basic consideration rule and presumption shall apply to joint deposits of money
(Art 147/148 of FC) and evidences of credit.
If one of the parties is validly married to another, his or her
share in the co-ownership shall accrue to the absolute
RULES FOR EASY UNDERSTANDING community or conjugal partnership existing in such valid

Aleezah Gertrude Regado

marriage. If the party who acted in bad faith is not validly before lower court, in case for support
married to another, his or her shall be forfeited in the can rule that marriage was void. (De
manner provided in the last paragraph of the preceding
Castro v. Assidao-De Castro)
The foregoing rules on forfeiture shall likewise apply even if  Direct attack – filing case precisely
both parties are in bad faith. putting forth as principal issue the nullity
of marriage.


3 cases where direct attack and not a
collateral attack on nullity of marriage
must first be undertaken so that
proper effects provided by law can
 Art 43 (2) The absolute community of
appropriately apply
property or the conjugal partnership, as the
case may be, shall be dissolved and 1. Art. 40. The absolute nullity of a
liquidated, but if either spouse contracted previous marriage may be
said marriage in bad faith, his or her share invoked for purposes of
of the net profits of the community property remarriage on the basis solely of
or conjugal partnership property shall be a final judgment declaring such
forfeited in favor of the common children previous marriage void
or, if there are none, the children of the 2. (Ninal v. Bayadog)
guilty spouse by a previous marriage or in For other purposes such as but
default of children, the innocent spouse not limited to determination of
(this applies) heirship, legitimacy or
illegitimacy of child, settlement of
COLLATERAL AND DIRECT ATTACK estate, dissolution of property
regime, or criminal case for that
 As a general rule, void marriages can be
matter, court may pass upon the
collaterally attacked.
validity of marriage even in a suit
 Meaning nullity of marriage can be
not directly situated to question
asserted even if it is not the main or
the same so long as it is
principal issue of a case and that no
essential to the determination of
previous judicial declaration of nullity is
required by law with respet to any other
[in art 40, “on basis solely of final
matter where issue of voidness of
judgment declaring such
marriage is pertinent or material, either
previous marriage void”
directly or indirectly.
connotes that such final
 It is not mandatory to show that prior to
judgment need not be obtained
death of decedent, either decedent or
only for purpose of remarriage]
mother filed a civil case precisely and
mainly for purpose of judicially declaring 3. Art. 50. 43(3), and 86 (1) of FC
marriage void. Evidence other than 43(3) Donations by reason of
judicial declaration declaring said marriage shall remain valid,
marriage void can be presented to show except that if the donee
the nullity of marriage (Domingo v. Court contracted the marriage in bad
faith, such donations made to
of Appeals)
 While case was one of support, lower said donee are revoked by
court can make a declaration that operation of law
marriage was void to determine rights of
Art. 86. A donation by reason of
child to be supported. SC rejected
contention that separate case for judicial marriage may be revoked by the
declaration of nullity must be filed first donor in the following cases:
(1) If the marriage is not

Aleezah Gertrude Regado

celebrated or judicially declared  Like putative marriage, good faith under Art
void ab initio except donations 35 (2) is not founded on actual marriage or
made in the marriage ceremonial marriage but on reasonable
settlements, which shall be belief by one or both contracting parties
governed by Article 81 that they were honestly married and
solemnizing officer had authority when in
BELOW 18 YEARS OF AGE (AYAY) fact, he had none.
 Consent of parents is immaterial in the  Good faith is always presumed until
sense that even if present it will not make contrary is shown (Kunafoff v, Woods)
marriage valid.  Scope of good faith in putative marriage
 Neither can subsequent parental consent may likewise be applied to good faith
ratify void marriage marriages under Art 35 (2)
SPANISH CODE Discriminatory Term good faith – honest and reasonable
MALE: 14 FEMALE:12 Unsafe pregnancy belief that marriage was valid at its inception
Minimum age to effectively and that no legal impediment exists to impair
procreate it validity.
1950 CIVIL CODE While it is frequently been said that a party
MALE: 16 FEMALE: 14 may be in good faith, so long as he receives
 Basis : primary obligation of no certain or authoritative knowledge of
husband or father to support some legal impediment to marriage, such
the family person CANNOT CLOSE his ears to
FAMILY CODE information or his eyes to suspicious
 BOTH 18YEARS OF AGE circumstances and must not act blindly or
without reasonable precaution.
Extent to which person has duty to ascertain
existence of impediment to his marriage
 PH exclusively recognize ceremonial
depends ultimately upon facts and
marriage which involves intervention of
circumstances in each individual case.
ecclesiastical or civil functionary
empowered by state to declare couple as
husband and wife.
 Basta remember na lang ulit Art 7
good faith
 General rule is that there should be marriage
and therefore good faith of parties should
 If marriage were contracted with either or
come to their rescue.Sometimes it its ot
both parties believing in good faith that
solemnizing officer had the legal authority
 Exception where marriage is not void is
to do so when in fact he/she has none,
where parties were made t believe, one or
then marriage is still considered valid.
both, that solemnizing officer has authority
TO CONTRACTING PARTIES. No that of  This is to prevent unscrupulous chauvinistic
solemnizing officer and not to any other males from deceiving girls because they are
requisite whether essential or formal. made to believe that they are going to be
 W/O declaration by law of its validity, such married when marriages is not what they
good-faith marriage would have been an want. (basta si lalaki more ask sa fried to
instance of putative marriage which is void appear as if valid solemnizing officer siya
because absence of authority of a pero di naman pala tas mavovoid marriage
solemnizing officer. because of that)
 Putative marriage- applied to matrimonial  Court is not saying it is void. It is saying that
union which has been solemnized in due it is valid, not only as between parties but
form and good faith on some legal infirmity is everybody. It is as if it was solemnized by
either void or voidable. person with authority

Aleezah Gertrude Regado

Dr.Arturo Toentino : Ignorance of the law and may be invoked for purposes of remarriage on the
Ignorance of the fact. If parties go before a basis solely of a final judgment declaring such
person not specifically mentioned by law as previous marriage void.
having authority to solemnize marriage, then Art. 52. The judgment of annulment or of absolute
good faith or bad faith is immaterial because nullity of the marriage, the partition and distribution of
according to art 4 of CC, ignorance of the law the properties of the spouses and the delivery of the
children's presumptive legitimes shall be recorded in
excuses no one from compliance therewith.
the appropriate civil registry and registries of property;
otherwise, the same shall not affect third persons. (n)
NO MARRIAGEE LICENSE Art. 53. Either of the former spouses may marry again
 Marriage license is a formal requisite, after compliance with the requirements of the
absence of which makes marriage void. immediately preceding Article; otherwise, the
 Exceptions however: Art subsequent marriage shall be null and void
27,28,29,30,31,32,33,34 of FC
ARTICLE 27 at the point of death  Absolute nullity of previous marriage may
ARTICLE 28 located that there is no means of
be invoked for purposes of remarriage on
transportation to enable such party to
appear personally before the local civil basis solely of final judgment declaring
registrar such previous marriage void
ARTICLE 31 articulo mortis between passengers or
crew  RATIONALE: Parties to marriage should
ARTICLE 32 authority to solemnize marriages in not be permitted to judge for themselves its
articulo mortis between persons within nullity, only competent courts having such
the zone of military operation
ARTICLE 33 among Muslims or among members of authority (Landicho v. Relova-Landicho)
the ethnic cultural communities BIGAMY
(solemnized in accordance with their  One who enters subsequent marriage
customs, rites or practices.)
ARTICLE34 lived together as husband and wife for at without first obtaining such judicial
least five years and without any legal declaration is guilty of bigamy. Principle
impediment to marry each other
applies even if earlier unio is characterized
BIGAMOUS OR POLYGAMOUS MARRIAGE by statute as void (Manuel v. People)
 Except those allowed under Muslim Code Elements of Bigamy:
or under Art 41 of FC, law prohibits a 1. That the offender has been legally
married man or woman from contracting married;
another bond of union as long as the 2. That the first marriage has not been
consort is alive (US v. Ibanez)
legally dissolved or, in case his or her
 Subsequent marriage is illegal and void
from the beginning (Carratala v. Samson) spouse is absent, the absent spouse
 Subsequent marriage contracted in Hong could not yet be presumed dead
Kong by husband who had secured a void according to the Civil Code;
Nevada divorce is bigamous and void 3. That he contracts a second or
(Manila Surety & Fidelity Co., Inc v. subsequent marriage; and
Teodoro) 4. That the second or subsequent marriage
has all the essential requisites for
in bigamous marriage, 1st marriage must
have been valid. If 1st marriage is in itself validity.
void and subsequent marriage is EXCEPTION:
contracted w/o prior judicial declaration of 1.) Present spouse must file a Summary
nullity of 1st marriage, subsequent marriage proceeding for the declaration of
is void because it violates Art 40 in relation presumptive death of absentee w/o
to Art 52 and 53 of FC. prejudice to latter’s reappearance
Art. 40. The absolute nullity of a previous marriage

Aleezah Gertrude Regado

2.) Absence of other spouse must have undertake the liquidation, partition and
been for 4 consecutive years or 2 years distribution of their properties, if any and
where there is danger of death under only in proper cases, he delivery of
children’s presumptive legitimes and
circumstances laid down in Art 391 of
thereafter all these requirements including
NCC decree of annulment or nullity should be
3.) Well-founded belief of present spouse recorded in appropriate civil registry and
who wishes to remarry that absent registries of property
spouse is already dead
 An instance of fraud which makes marriage
 Mistake in indentity is a ground for nullity of ANY OF THE ESSENTIAL OR FORMAL
marriage (FC) REQUISITES
Example: [B.B-L.A .PI.S]
Basta namarry mo yung twin. Due to complete
1.) Contracted by any party Below 18 years
absence of consent, marriage is void ab initio
 IMPORTANT : contracting party absolutely of age even with parental consent
did not intend to marry the other, as the 2.) Bigamous or polygamous marriage
same is not the person he/she actually except as provided in Art 41
knew before marriage. 3.) Solemnized without License except as
 This covers only situations in which there otherwise provided
has been a mistake on part of party
4.) Solemnized by any person not legally
seeking nullification of marriage as to
ACTUAL PHYSICAL IDENTITY OF THE Authorized to perform marriages unless
OTHER one or both parties believed in good faith
that solemnizing officer had the legal
DOES NOT COVER authority to do so
1.) Mistake in name (Ebak pala apilido niya) 5.) Marriages contracted through mistake of
2.) Character of person (Chaka pala siya one of the parties as to Physical Identity
after all this time)
of the Other
3.) His or her attributes (Jafake pala nose
niya) 6.) Subsequent marriages that are not void
4.) Age (Jutanders na pala siya) under Art 53 of FC
5.) Social Standing (Mahirap pala siya)
6.) Pedigree (dog food? Charot joke.)
7.) Pecuniary means Art. 36. A marriage contracted by any party
8.) Temperaments who, at the time of the celebration, was
9.) Acquirements psychologically incapacitated to comply with
10.) Conditions in life
the essential marital obligations of marriage,
11.) Previous habit
shall likewise be void even if such incapacity
VOID UNDER ARTICLE 53 becomes manifest only after its
 Art. 53. Either of the former spouses may solemnization.
marry again after compliance with the
requirements of the immediately preceding
Article; otherwise, the subsequent PSYCHOLOGICAL INCAPACITY
marriage shall be null and void.  Law does not define P.I, therefore
 For persons whose marriages has been
determination is left solely with courts on a
annulled or declared null and void to be
able to validly marry again, they must case to case basis.

Aleezah Gertrude Regado

 Determination of P.I “depends on the facts  J; Caguioa – “lack of appreciation of one’s

of the case. Each case must be judged not marital obligations” and that “psychological
on basis of a priori assumptions, incapacity does not refer to mental
predilections or generalizations but faculties in the sense that he/she or both
according to its own facts. (Republic v. should necessarily be shown to be insane.
Dagdag) (Aurelio v Aurelio) While incapacity it is not a pre-requisite for
 RATIONALE: “code should not have so existence of ground for nullity.
many definitions because definitions are  Psychological incapacity to perform the
straight-jackets the concept and therefore, essential marital obligations MUST BE
many cases that should go under it are PRESENT AT TIME OF MARRIAGE
excluded by the definition. That’s why we CEREMONY, BUT CAN MANIFEST
leave it up to the court to determine the LATER ON DURING MARRIAGE
meaning of psychological incapacity. (well, siguro kasi pag after na tas tiyaka lang
(Justice Caguioa) siya nagkasakit it goes against the “for better
 Clearly, ground is restricted to or for worse cliché” charot…)
psychological incapacity “to comply with  It is considered a ground to nullify
the essential marital obligations.” marriage.
 Must be as such as to seriously and  Such a marriage CANNOT BE CURED by
effectively prevent them from having a cohabitation considering that it is void and
functional and normal marital life clearly therefore, ratification cannot apply.
( Well when you think about “void” co-relate it with
conductive to bringing up a healthy
the love your ex promised you, besh wala nun una
personal inter-marital relationship within pa lang, kahit gaano ka pa niya pinagtiisan char!!!!)
the family which is necessary for its
growth. It must be a psychological illness WHY COHABITATION NOT A DEFENSE?
afflicting a party even before the  J; Puno stated that even the bearing of
celebration of the marriage. (Perez-Ferraris children and cohabitation should not be a
v. Ferraris) sign that psychological incapacity has been
 Hence, while person may be truly efficient cured
and mentally capable of undertaking a
particular profession in life, he/she can still [Santos v. CA]
be considered as completely irresponsible  1st case SC decided which discussed scope
person vis-à-vis his/her married life if and meaning of Art 36 (1995)
he/she spends almost the whole day  Denied nullity based on Art 36
working and not minding his/her family. DIGEST
(Tongol v. Tongol) Leouel Santos, a member of the Army, met Julia
Rosario Bedia in Iloilo City. In September 1986, they
 Despite this very authentic feeling of love, got married. The couple latter lived with Julia’s
he/she is so absolutely indifferent with parents. Julia gave birth to their son in 1987. Their
respect to his/her duties as a father and marriage, however, was marred by the frequent
husband/mother and wife as hee case may interference of Julia’s parents, as averred by Leouel.
The couple also occasionally quarreled about as to,
be. among other things, when should they start living
 Incapacity : limited to failure/disregard to independently from Julia’s parents. In 1988, Julia
comply with essential marital obligations. went to the US to work as a nurse despite Leouel’s
Not mere stubborn refusal but can be opposition. 7 months later, she and Leouel got to talk
and she promised to return home in 1989. She never
attributed to psychological causes. went home that year. In 1990, Leouel got the chance
to be in the US due to a military training. During his

Aleezah Gertrude Regado

stay, he desperately tried to locate his wife but to no carrying out the ordinary duties required in marriage;
avail. Leouel, in an effort to at least have his wife it must be rooted in the history of the party antedating
come home, filed a petition to nullify their marriage the marriage, although the overt manifestations may
due to Julia’s alleged psychological incapacity. Leouel emerge only after the marriage; and it must be
asserted that due to Julia’s failure to return home or incurable or, even if it were otherwise, the cure would
at least communicate with him even with all his effort be beyond the means of the party involved.
constitutes psychological incapacity. Julia filed an
opposition; she said that it is Leouel who is In the case at bar, although Leouel stands aggrieved,
incompetent. The prosecutor ascertained that there is his petition must be dismissed because the alleged PI
no collusion between the two. Leouel’s petition is of his wife is not clearly shown by the factual settings
however denied by the lower and appellate court. presented. The factual settings do not come close to
to the standard required to decree a nullity of
ISSUE: Whether or not psychological incapacity is marriage.
attendant to the case at bar.  Family Code did not define term
“psychological incapacity” Deliberations
HELD: No. Before deciding on the case, the SC noted during sessions of FC revision can
that the Family Code did not define the term however provide an insight on import of
“psychological incapacity”, which is adopted from the
the provision
Catholic Canon Law. But basing it on the
deliberations of the Family Code Revision Committee,
 J; Caguioa
the provision in PI, adopted with less specificity than : idea is that one is not lacking in judgment
expected, has been designed to allow some resiliency but he is lacking in the exercise of
in its application. The FCRC did not give any judgment. Lack of judgment would make
examples of PI for fear that the giving of examples marriage voidable.
would limit the applicability of the provision under the  Judge Sempio-Diy
principle of ejusdem generis. Rather, the FCRC would : Since insanity is also psychological or
like the judge to interpret the provision on a case-to- mental incapacity, why is insanity only a
case basis, guided by experience, the findings of ground for annulment and not for
experts and researchers in psychological disciplines, declaration of nullity?”
and by decisions of church tribunals which, although
 J; Caguioa
not binding on the civil courts, may be given
persuasive effect since the provision was taken from
: In insanity there is appearance of
Canon Law. The term “psychological incapacity” consent, which is the reason why it is a
defies any precise definition since psychological ground for voidable marriage, while
causes can be of an infinite variety. psychological incapacity refers to the very
essence of marital obligation.
Article 36 of the Family Code cannot be taken and  J;Reyes
construed independently of but must stand in : “Why is insanity a ground for marriage,
conjunction with, existing precepts in our law on while psychological incapacity is ground for
marriage. PI should refer to no less than a mental (not void ab initio marriages?
physical) incapacity that causes a party to be truly  J; Caguioa
incognitive of the basic marital covenants that
: Insanity is curable and there are lucid
concomitantly must be assumed and discharged by
the parties to the marriage which (Art. 68), include
intervals, while psychological incapacity is
their mutual obligations to live together, observe love, not.
respect and fidelity and render help and support. The THERE ARE 2 INTERPRETATIONS OF
intendment of the law has been to confine the PHRASE “PSYCHOLOGICAL OR
meaning of PI to the most serious cases of MENTALLY INCAPACITATED”
personality disorders clearly demonstrative of an utter 1st : Vitiation of consent because one
insensitivity or inability to give meaning and does not know all consequences of the
significance to the marriage. This psychological marriage
condition must exist at the time the marriage is 2nd: if he had known these completely
celebrated. The SC also notes that PI must be he might not have consented to
characterized by (a) gravity, (b) juridical antecedence,
and (c) incurability. The incapacity must be grave or
serious such that the party would be incapable of
 J; Caguioa
: Term incurable has a differect meaning in

Aleezah Gertrude Regado

law and in medicine. P.I is incurable  There is clearly no doubt that intendment
 J; Caguioa of law has been to confine P.I to most
: In divorce, P.I may occur after marriage, serious cases of an utter insensitivity and
in void marriages it has to be at time of inability to give meaning and significance
celebration of marriage, incapacity
to marriage.
continues and later becomes manifest
 J;Puno and Judge Diy Other forms of psychoses if existing at inception of
: It is possible that after marriage one’s marriage
1.) Unsound mind
psychological incapacity becomes manifest
2.) Concealment of drug addiction
but later on he is cured. 3.) Habitual Alcoholism
 J; Caguioa and J; Reyes 4.) Homosexuality or Lesbianism
: remedy in this case is to allow him to  Merely render marriage voidable under Art 46 of
remarry. FC.
 J; Caguiao
:mental and physical incapacities are vices
of consent while psychological incapacity is
o Marriage is not just an adventure but
not a species of vices of consent.
also a lifetime commitment . We should
:FC Revision committee in ultimately deciding to continue to be reminded that innate in
adopt the provision with less specificity than our society, then enshrined in our civil
expected, has in fact so designated law as to code and now still indelible in Art 1 of FC
allow some resiliency in its application Article 1. Marriage is a special contract of
permanent union between a man and a woman
entered into in accordance with law for the
 Part of the provision is similar to Canon 1095 of establishment of conjugal and family life. It is the
New Code of Canon Law foundation of the family and an inviolable
: They are incapable of contracting social institution whose nature, consequences,
marriage and incidents are governed by law and not
1. Lack sufficient use of reason subject to stipulation, except that marriage
2. Suffer from a grave defect of settlements may fix the property relations during
discretion of judgment concerning the marriage within the limits provided by this
essential matrimonial rights and Code
duties to be given and accepted
mutually o Our constitution
3. Who for causes of psychotically in Sec 1: The State recognizes the Filipino
nature are unable to assume family as the foundation of nation.
essential obligations of marriage. Accordingly, it shall strengthen its solidarity
 Fr.Orsy, author: psychological causes can be of and actively promote its total development
infinite variety. Sec 2: Marriage as an inviolable social
institution, is the foundation of the family and
 Judge Sempio-Diy cites w/ approval the shall be protected by State.
work of Gerardo Veloso, former
Presiding Judge of Metropolitan Marriage CONSTITUTIONAL CONSIDERATION
Tribunal of Catholic Archidocese of : Consti itself does not establish the
Manla who opines that P.I must be parameters of state protection to marriage
characterized by as a social institution and the foundation of
:it remains the province of legislature to
define all legal aspects of marriage and
3. INCURABILITY prescribe the strategy and modalities to
protect it based on whatever socio-political

Aleezah Gertrude Regado

influences it deems proper, and subject of comply with these : good indication of
course to the qualification that legislative psychological incapacity (Toring vs. Toring)
enactment itself adheres to the consti and  Fear of a wife who is afraid of children to
bill of rights. engage in sexual intercourse is an indicator of
 Indeed Art 36 of FC in classifying marriages P.I
contracted by psychologically incapacitated  Senseless and protracted refusal is equivalent
persons as a nullity should be demanded as an to P.I. Thus prolonged refusal of spouse to ave
implement of consti protection of marriage. sexual intercourse w/ his/her spouse is
 Corresponding interest for state to defend considered a sign of P.I (Chi Ming Tsoi v. CA)
against marriages ill-equipped to promote  Unreasonable attachment of spouse to fam,
family life. friends or barkada such that importance and
 Void ab initio marriage under Art 36 do not devotion which should be given to his/her own
further initiatives of state concerning marriage spouse and children are subordinated to said
and family, as they promote wedlock among attachment is also good indication of PI.
persons, who for reasons independent of their However separation and abandonment alone
will are not capacitated to understand or is note conclusive proof of P.I (Republic v.
comply with essential obligations of marriage. Quintero Hamano)
PROVING PYSCHOLOGICA INCAPACITY  Sexual infidelity alone or living adulterous life
 Psychosomatic and deals with state of mind does not automatically prove P.I.(Ligeralde v.
and thus can only be proven by indicators or Patalinghug)
external manifestations of the person claimed  Mere isolated idiosyncrasies of spouse are not
to be psychologically incapacitated. These themselves manifestations of P.I to perform
indicators must be clearly alleged in complaint essential marital obligations. Manifestations of
filed in court. P.I must be attributed to psychological illness
 Unlike other grounds for declaration of nullity and not mere physical illness. (Bier v. Bier)
and grounds for annulment and legal  P.I cannot be mere refusal or neglect to
separation which generally constitute clearly comply with obligations, it must be downright
definable physical acts and situations incapacity to perform (Republic v. Cabantug-
 Upon petitioner’s time and efforts so that she Baguio)
frequently complained of his lack of attention to  There must be proof of natal or supervening
her even to her mother whose intervention disabling factor that effectively incapacitated
caused petitioner to lose his job (Salita v. Hon. the respondent spouse from complying w/
Delilah Magtolis) basic marital obligations. (Suazo v. Suazo)
 See if husband or wife observes his/her duty  Mere incompatibility and irreconcilable
as such towards spouse, children and family. difference are not enough (Aspillaga v.
 Art 68: The husband and wife are obliged to Aspillaga)
live together, observe mutual love, respect and  Ground is very personal and limited one. It
fidelity, and render mutual help and support does not mean that because person is P.I to
 Procreation is likewise an essential obligation. perform marital obligations with his/her present
 Constant non-fulfillment of this obligation will spouse, this would also be the case with any
finally destroy the integrity or wholeness of other person other than his/her present spouse
marriage (Chi Ming Tsoi v. CA)  Medical and clinical rules to determine P.I were
< BRING UP KO LANG TITLE III formulated on basis of studies of human
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND behavior in general. Hence norms used for
AND WIFE : FC> determining P.I should apply to any person
 Art 220,221, 225 of Code enumerates rights, regardless of nationality. (Republic v.
duties and liabilities of parents relative to their Hamano)
parental authority over their children. Failure to  [granted nullity] Shown that petitioner was
suffering from dependent personality disorder

Aleezah Gertrude Regado

and respondent was also suffering from 1. Anti-social personality with its funfamental
narcissistic and anti-social disorder, both lack of loyalty to persons or sense of moral
consistent w/ p.i to perform essential martial values
obligations. (Te v. Te) 2. Hyperesthesia where individual has no
 By the very nature of Art 36, courts, despite freedom of sexual choice
having primary task and burden of decision 3. Inadequate personality where persona
making must not discount but, instead must responses consistently fall short of
consider as decisive evidence the expert reasonable expectation
opinion on the P.I and mental temperaments of  Verily, evidence must show a link, medical or
parties. the like between acts that manifest
 J;Romero psychological incapacity and the psychological
Professional opinion of psychological expert disorder itself
became increasingly important in such cases.  Court mentions nevertheless for emphasis tat
Data about person’s entire life, both before and presentation of expert prof presupposes a
after ceremony were presented to these thorough and an ind-depth assessment of
experts and they were asked to give parties by the psychologist or expert for a
professional opinions about a party’s mental conclusive diagnosis of grave, severe and
capacity at time of wedding. These opinions incurable P.I
were rarely challenged and tended to be
accepted as decisive evidence of lack of valid CAUSES OF PERSONALITY DISORDERS
consent FREUDIAN Fixation at certain stages
 As meaning the capacity of spouses to give of development led to
themselves to each other and to accept the certain personality types
GENETIC FACTORS There is genetic factor
other as distinct person; that the spouses must
involved in etiology or
be other oriented since the obligations of anti-social or borderline
marriage are rooted in a self-giving love; and personality disorders, less
that spouses must have capacity for evidence of inheritance of
interpersonal relationship because marriage is other personality
more than just a physical reality but involves disorders
true intertwining of personalities. The fulfillment NEUROBIOLOGIC Borderline personality,
low cerebrospinal fluid,
of obligation of marriage depends according to
negatively correlated with
church decisions on strength of interpersonal measures of aggression.
relationship BRAIN WAVE Abnormalities in
ACTIVITY electroencephalograph.
 Fr.Green in an article in Catholic Mind lists 6
elements necessary to mature marital (Add up to this pag may time)
1. Permanent and faithful commitment  Extremely helpful
2. Openness to children and partner  SC : the personal medical or psychological
3. Stability examination of respondent is not a requirement
4. Emotional Maturity for declaration of P.I and that it is not a
5. Financial responsibility condition sine qua non for such declaration”
6. Ability to cope with ordinary stress and (not an essential condition) (Republic v. Tayag
strains of marriage San Jose)
 Fr.Green: among the psychic factors possibly  However court may or may not accept
giving rise to his/her ability to fulfill marital testimony of psychologist or psychiatrist
obligations are the following because decision must be based on totality of
evidence (Paras v. Paras)

Aleezah Gertrude Regado

 Nevertheless, testimony of an expert witness, illness itself must have attached at such
like psychiatrist or psychologist if credible and moment or prior thereto.
if consistent with totality of evidence which is 4.) Such incapacity must also be shown to be
also credible might be given weight. medically or clinically permanent or
 SC even adered to medical and clinical incurable. Such incurability may be absolute
findings of psychia or psycholo who did not or even relative only in regard to the other
personally examine the subject but who were spouse and not necessarily absolutely agaist
given reliable data about the respondent and every one of the same sex. Such incapacity
read pertinent court records in coming up with must be relevant to the assumption of
more reliable assessment that respondent was marriage obligations not necessarily to those
not suffering from PI. Mere fact therefore that not related to marriage.
psychiatrist personally examined subject 5.) Such illness must be grave enough to bring
person is not an assurance that his/her about the disability of the party to assume
findings would be sustained. (Antonio v. the essential obligations of marriage. The
Reyes) illness must be shown as downright
 Psychiatrist of petitioner however merely incapacity or inability, not a refusal, neglect
evaluated the respondent by analyzing his or difficulty, much less ill will.
disposition (Ting v. Ting) 6.) The essential marital obligations must be
 SC denied nullity of marriage on ground that those embraced by Art 68 up to 71 of FC
psychological report was very general and did as regards husband and wife as well as
not state specific linkages between personality Art 220,221, and 225 of same code with
disorder and behavioral pattern of spouse regard to parents and their children
during marriage (Rumbaua v. Rubaua) 7.) Interpretations given by National Appellate
Matrimonial Tribunal of the Catholic Church
JURISPRUDENTIAL GUIDELINES of PH while not controlling should be given
SC enumerated guidelines in invoking and proving P.I great respect by our courts.
under Art 36 “the following are incapable of contracting
1.) Burden of proof to show the nullity of marriage: those who are unable to assume
marriage belongs to plaintiff. Any doubt essential obligations of marriage due to
should be resolved in favor of existence and causes of psychological in nature”
continuation of marriage and against its 8.) Trial court must order the prosecuting
dissolution and nullity attorney or fiscal and the Solicitor General to
2.) Root cause of psychological incapacity must appear as counsel for the state.
be  Certification of SG is not anymore needed.
a. Medically identified
b. Alleged in the complaint  Court is not demolishing the foundation of
c. Sufficiently proven by experts families, but actually protecting the sanctity
d. Clearly explained in the decision. of marriage because it refuses to allow a
Psycological- not physical, although its person afflicted with psychological disorder,
manifestations and or symptoms may be who cannot comply with or assume the
physical . essential marital obligations from remaining
To such an extent that person could not in that sacred bond.
have known the obligations he was DAMAGES
assuming or knowing them, could not have  Disallowed award of moral, & exemplary
given valid assumption thereof. damages and attorneys fees
3.) Incapacity must be proven to be existing at  On ground that the very nature of P.I which is
the time of celebration of marriage. It need non-cognizance of one’s essential marital
not be perceivable at such time, but the obligation at time of marriage ceremony,
negates bad faith.

Aleezah Gertrude Regado

 No award of exemplary damages and Art. 221. Parents and other persons exercising
attorney’s fees can also be made in absence of parental authority shall be civilly liable for the injuries
showing of bad faith. and damages caused by the acts or omissions of their
unemancipated children living in their company and
under their parental authority subject to the
AS REGARDS HUSBAND AND WIFE appropriate defenses provided by law.
Art. 68. The husband and wife are obliged to live Art. 225. The father and the mother shall jointly
together, observe mutual love, respect and fidelity, exercise legal guardianship over the property of the
and render mutual help and support. unemancipated common child without the necessity
Art. 69. The husband and wife shall fix the family of a court appointment. In case of disagreement, the
domicile. In case of disagreement, the court shall father's decision shall prevail, unless there is a judicial
decide. order to the contrary.
The court may exempt one spouse from living with Where the market value of the property or the annual
the other if the latter should live abroad or there are income of the child exceeds P50,000, the parent
other valid and compelling reasons for the exemption. concerned shall be required to furnish a bond in such
However, such exemption shall not apply if the same amount as the court may determine, but not less than
is not compatible with the solidarity of the family. ten per centum (10%) of the value of the property or
Art. 70. The spouses are jointly responsible for the annual income, to guarantee the performance of the
support of the family. The expenses for such support obligations prescribed for general guardians.
and other conjugal obligations shall be paid from the A verified petition for approval of the bond shall be
community property and, in the absence thereof, from filed in the proper court of the place where the child
the income or fruits of their separate properties. In resides, or, if the child resides in a foreign country, in
case of insufficiency or absence of said income or the proper court of the place where the property or
fruits, such obligations shall be satisfied from the any part thereof is situated.
separate properties. The petition shall be docketed as a summary special
Art. 71. The management of the household shall be proceeding in which all incidents and issues regarding
the right and the duty of both spouses. The expenses the performance of the obligations referred to in the
for such management shall be paid in accordance second paragraph of this Article shall be heard and
with the provisions of Article 70. resolved.
AS REGARD TO PARENTS AND CHILDREN The ordinary rules on guardianship shall be merely
Art. 220. The parents and those exercising parental suppletory except when the child is under substitute
authority shall have with the respect to their parental authority, or the guardian is a stranger, or a
unemancipated children on wards the following rights parent has remarried, in which case the ordinary rules
and duties: on guardianship shall apply.
(1) To keep them in their company, to support,
educate and instruct them by right precept and good
example, and to provide for their upbringing in
keeping with their means;
(2) To give them love and affection, advice and REQUISITEES OF PSYCHOLOGICAL
counsel, companionship and understanding; INCAPACITY
(3) To provide them with moral and spiritual guidance, 1.) Juridical Antecedence
inculcate in them honesty, integrity, self-discipline,  Must be rooted in the history of party attending
self-reliance, industry and thrift, stimulate their the marriage although manifestations may
interest in civic affairs, and inspire in them compliance emerge only after the marriage
with the duties of citizenship; 2.) Incurability
(4) To furnish them with good and wholesome  Must be incurable or even if curable, the cure
educational materials, supervise their activities, would be beyond the means of party involved
recreation and association with others, protect them 3.) Gravity
from bad company, and prevent them from acquiring  Must be grave/serious such that the party would
habits detrimental to their health, studies and morals; be incapable of carrying out the ordinary duties
(5) To represent them in all matters affecting their required of marriage.
(6) To demand from them respect and obedience;
(7) To impose discipline on them as may be required
under the circumstances; and
(8) To perform such other duties as are imposed by
law upon parents and guardians.

Aleezah Gertrude Regado

 Universally condemned as grossly
indecent, immoral and inimical to the
purity and happiness of the family and
the welfare of future generations.
 They are abhorrent to nature, not only of
civilized men, but of barbarous and semi-
civilized peoples
 Tend to the confusion of rights and
duties, incident to family relations (Gould
v. Gould)
[child of incestuous union creates a
special problem of social placement,
because its status is so confused, as of
its parents]
Draw the confusing table
(Child born between union of daughter and
(Father married to grandmother)

 In addition, science and experience have

established beyond cavil that such
intermarriages very often result in
deficient of degenerate offspring which, if
Art. 37. Marriages between the following are occurring to any great extent, would
incestuous and void from the beginning, amount to a serious deterioration of race
whether relationship between the parties be (Gould v. Gould)
legitimate or illegitimate:  Another reason deals with the social and
(1) Between ascendants and descendants of psychological aspects of an incestuous
any degree; and marriage
(2) Between brothers and sisters, whether of  Social prohibitions against incest
the full or half blood. promote solidarity of nuclear family.


Aleezah Gertrude Regado

 Incest prohibition regulates erotic desire  Marriages described in Art 38 will not
in two ways that contribute to serve the fundamental objective of
preservation of the nuclear family. nurturing a stable family unit that can
1. Prohibition controls sex rivalries and effectively be the foundation of society
jealousies within family unit.  Enumeration in art 38 – EXCLUSIVE
2. By ensuring suitable role models, the  Guardian and his ward can marry
incest restriction prepares the  Principal and agent can validly marry each
individual for assumption of familial other.
responsibility as an adult. Eventually
it propels individual toward creation COLLATERAL BLOOD RELATIVES BY
of new nuclear family of his own CONSANGUINITY
marriage.  May likely result though not in the same
gravity in dangers and confusion attendant
Art. 38. The following marriages shall be void in incestuous marriage under Art 37.
from the beginning for reasons of public  Prevent coming together in their offspring
policy: of any deleterious recessive genes.
 Role of legislation has been to decide that
(1) Between collateral blood relatives whether risk is too much to allow citizens and then
legitimate or illegitimate, up to the fourth civil to enact law accordingly
degree;  Pertinently, relationship by consanguinity is
(2) Between step-parents and step-children; in itself not capable of dissolution. Even if
(3) Between parents-in-law and children-in- grandfather died, does not sever blood
law; relationship of first cousins.
(4) Between the adopting parent and the  To determine whether two persons are
adopted child; relatives of each other up to forth civil
(5) Between the surviving spouse of the degree, they have to consider their nearest
adopting parent and the adopted child; and immediate common ascendant and
(6) Between the surviving spouse of the then count the number of relatives from
adopted child and the adopter; one of them to the common ascendant and
(7) Between an adopted child and a legitimate from the common ascendant to other one.
child of the adopter;
(8) Between adopted children of the same
adopter; and
(9) Between parties where one, with the
intention to marry the other, killed that other
person's spouse, or his or her own spouse.


 Against Public Policy
 Policy of state to foster a normal,
peaceful and wholesome integral nuclear
family unit which would constitute as the
very foundation of the society/

Aleezah Gertrude Regado

DRAW HERE UNDERSTANDING Whether the provision in marital

(create family tree) statute prohibiting marriages between
1.) Determine who is a relative by direct ascending line uncles and nieces or aunts or
2.) Relative 4th civil degree nephews also include half-blood
3.) Relative 5th civil degree relationships
4.) Relative of 2nd civil degree Held:
Claim:. Marriage is incestuous and
void between uncle and niece or an
aunt or nephew, whether they are
legitimate or illegitimate.
Prior to 1893, incestuous and void
marriages were limited to marriages
between ancestor and descendant
and a brother and a sister if either
whole blood or half blood
And marriages between uncles and
nieces and aunts and nephews have
only been prohibited in this state since
enactment of chapter 601 of laws of
1893 (Weisberg vs. Weisberg)
Probable that legislature recognized
this and addressed prohibition against
marriages in subdivision 3, not on
percentage of blood relationship but to
the relationship generally known and
understood and on the theory that it
has prohibited marriages between
uncle and niece and aunt and nephew
without regard to percentage of their
CONSANGUINITY The prohibition was enacted for
benefit of public health and
 Under FC, the prohibitition extends to
perpetuation of human race. Since the
collateral blood relatives up to the 4th civil closest relationship of an uncle and
degree which include one’s uncle, aunt, niece under a lawful marriage of those
so related are plainly prohibited. I
niece, nephew and first cousin. think it would have been unreasonable
 No question that prohibition applies to full- to impute to the legislature the belief
blood relationships. that the evils which it was anticipated
would flow from such marriages,
 HOWEVER it is interesting to point out that would not befall the issue of a
law does not provide that marriage marriage between uncle of half blood
and niece of quarter blood of common
between collateral blood relatives by half-
ancestor. (McCullen vs. McCullen
blood are prohibited. In Re Simms New York CA stated that a marriage
Estate between uncle and niece by the half
blood is not incestuous and void.
ILLUSTRATE UNDERSTANDING HERE. “Reasonable to think that if the
legislature intended to prohibit
marriages between uncles, nieces,
aunts, nephews whose parents were
related to the contracting party only by
the half blood, it would have used
similar language and its failure to do
so, in immediate context in dealing
with a more remote relationship than
brother and sister, suggests that it did
not intend to put this limited class
[American Cases which advance 2 different within the interdiction.
views as to whether such marriages are void.] All doubts must be construed in favor
Audley v. Audley Issue: of marriage. Only those prohibited by

Aleezah Gertrude Regado

law as void shall be treated as such.  This will allow them therefore to marry
each other legally.
RELATIONSHIP BY AFFINITY  But, as it appears in the case before us,
 Step-parents and step-children as well as there was no issue of former marriage
parents-in0law and children-in-law are between descendant and plaintiff’s mother,
related by affinity. the question need now determined. He
 Doctrine of affinity grew out of canonical court concludes: relationship of affinity
maxim that a marriage makes husband between decedent and plaintiff which
and wife one. Husband has the relation, by existed during continuance of marriage
affinity to his wife’s blood relatives as she relation between decedent and plaintiff’s
has to them consuanguinity, vice versa mother terminated when latter procured a
(State v. Hooper) divorce from decedent and after that time,
 Affinity is the connection formed by plaintiff was not the daughter of
marriage which places the husband in the decentent’s wife, the marriage between
same degree of nominal propinquity to the them is valid. (Back vs. Back)
relatives of wife as that in which she  In Civil Law, in a case a marriage is
herself stands towards them and give wife terminated by death of one of spouse,
the same reciprocal connection with there are conflicting views.
relations of husband. (Kelly v. Neely) Affinity not terminated If spouses have no
 Only marriages by affinity prohibited in FC whether there are living issues or
are marriages between step-parents and children or not in the children and one of
step-children as well as parents-in law and marriages (Carman v. spouses dies,
Newell) relationship by affinity
children-in-law. is dissolved. It follows
 It is believed that these kinds of marital The relationship by the rle that
relationships, IF ALLOWED can most likely affinity is continued relationship by affinity
despite the death of ceases with the
destroy the peacefulness of family relations
one of the spouses dissolution of
and also cause disturbance within family where there are living marriage which
circle. issues or children of produces it. (Kelly v.
 PH society is characterized as practicing the marriage in whose Neely)
veins the blood of
“extended families” which have been
parties are
proven most advantageous and beneficial comminggled, since
to society itself. relationship of affinity
 Step-brother or step-sister can, however was continued
through the medium of
marry each other as this relationship by
issue of marriage
affinity is not included in the prohibition. (Paddock v. Wells)


THE AFFINITY PROHIBITION  In Criminal Law, affinity relation subsists
 In event that marriage is annulled or even after the death of spouse regardless of
nullified in accordance with law, there can existence or non-existence of children
be no question that relationship by affinity (Intestate Estate of Monalita Gonzales Vda
between step-parents and step children as De Carungcong)
well as parents-in law and children in law is
 They become strangers to each other  Relationship created in adoption is merely
limited to one of parent and child. The void

Aleezah Gertrude Regado

marriages in an adoptive relationship are annulment decree, has become a complete

specifically and expressly limited by law to stranger to the adopter.
those mentioned in  Likewise and under the same condition, the
Art 37 Between the adopting parent and adopter can marry the spouse of adopted if
(4) the adopted child marriage of adopted and his/her spouse
Art 37 Between the surviving spouse of were severed by a final judicial nullity or
(5) the adopting parent and the annulment decree.
adopted child
Art 37 Between the surviving spouse of
(6) the adopted child and the adopter INTENTIONAL KILLING OF SPOUSE
Art 37 Between an adopted child and a  Involves grave moral turpitude, destructive
(7) legitimate child of the adopter not only on family but the whole society itself.
Art 37 Between adopted children of the  There is no guarantee that he/she will not do
(8) same adopter the same evil act again to subsequent
**** THIS IS ART 38 CORRECTION IN spouse to marry for the third time.
BOOK**  However it must be emphasized that, in
 One parent and child, an adopted can validly killing spouse, guilty party must be animated
marry the following by an intention to marry another person.
1.) Parents  Thus, if a wife kills her husband because he
2.) Illegitimate child was an incorringible philanderer and
3.) Other relatives thereafter marries her lawyer who has been
 There is no prohibition against marriages defending her in criminal case, the marriage
between an adopted and illegitimate children is VALID. Reason for killing husband was
of adopter as such marriage will not most obviously not for purpose of marrying the
likely destroy the tranquility of family home lawyer.
and “artificial” family because usually, an  NO PRIOR CRIMINAL CONVICTION by
illegitimate child does not live in same house court for killing is required by law. Justice
where adopted child and legitimate child of Caguioa even said that mere preponderance
adopter are living (Minutes of 151st joint Civil of evidence is required to prove killing.
Code and Family Law Committees)  Unknowing party, affected by void character
 On the other hand, the adopter can validly of marriage.
marry  Likewise apply to a person who kills the
1.) Legitimate, Illegitimate or adopted spouse to marry the latter.
child of the adopted
2.) Natural parent of the adopted Art. 39. The action or defense for the
3.) Other relatives whether by declaration of absolute nullity of a marriage
consanguinity or affinity of the shall not prescribe. (As amended by
adopted Executive Order 227 and Republic Act No.
 Hence, if marriage of adopter and his or her 8533; The phrase "However, in case of
spouse is judicially nullified or annulled, and marriage celebrated before the effectivity of
barring any other ground to make the this Code and falling under Article 36, such
marriage void, adopted can validly marry the action or defense shall prescribe in ten years
previous spouse of adopter because such after this Code shall taken effect"has been
spouse is not a surviving spouse as deleted by Republic Act No. 8533 [Approved
contemplated by law but a former spouse February 23, 1998]
who, after the finality of the nullity or

Aleezah Gertrude Regado


Time within which to file an action for marriage were celebrated before Aug
declaration of nullity of marriage or to invoke 3,1988. ALL VOID MARRIAGES UNDER FC
such nullity as a defense, whether direct or DO NOT PRESCRIBE.
Judicial decree of nullity of marriage does not  While FC is silent as to who can file a petition
legally dissolve marriage because such to declare the nullity of marriage (Ninal
marriage is invalid from the beginning and v.Bayadog) only husband or wife can file
therefore being non-existent, cannot be cour case declaring marriage void.
dissolved.  Significantly, it has been authoritatively
J.D merely declares or confirms the voidness opined that equitable doctrine of unclean
, non-existence or incipient invalidity of hands where court should not grant relief to
marriage. Hence decree is known as wrongdoer is not a rue as applied in nullity
declaration of judicial declaration of nullity of actions because it is merely judge-made and
marriage decree. has no statutory basis (Faustin v. Lewis)
(Ninal v. Bayadog) Supreme Court justified its  Any of the parties in void marriage can nullify
decision by stating that void marriage is case even though such party is the
considered as having never to have taken place wrongdoer (Chiming Choi v. CA)
and will be treated as non-existent by courts. As  Moreover, what is sought to be protected
such, petition is imprescriptible and can be filed
here is also the interest and public policy of
by children after death of contracting party, who
state. In declaring a marriage void, the state
was their father.
However under SC En Banc resolution of A.M
expresses that it does not consider such
No. 02-11-10 which took effect on March union as serving the fundamenta prupose of
15,2003, the ruling in Ninal case as to state in fostering and nurturing a family which
prescription does not hold anymore because said is foundation of society.
resolution provides that only husband and wife  Nonetheless, wrongdoer may be held liable
can fiile a case and if filed, case will be closed or for damage by way of counterclaim by the
terminated if during its pendency, either husband other under provisions of Human relations in
or wife should die. Moreover, under said new rule Civil Code.
on declaration of nullity, the heirs cannot Human Relations- Liab.
anymore file a case for the nullity of marriage of Art 19 Every person must, in the
their parents or their parent with their step-parent exercise of his rights and in the
(Enrico v. Heirs of Medinaceli) performance of his duties, act
Under E.O 227, if Dec of Nullity is that spouse is with justice, give everyone his
Psychologically incapacitated to perform due, and observe honesty and
essential marital obligations and marriage good faith.
Art 20 Every person who, contrary to
ceremony was celebrated prior to the effectivity
law, wilfully or negligently
of FC, which was on Aug 3,1988, such action or causes damage to another, shall
defense must be filed or invoked within 10 years indemnify the latter for the
from Aug 3,1988. However if marriage was same.
celebrated after the effectivity of FC, action or Art 21 Any person who wilfully causes
defense shall not prescribe. loss or injury to another in a
manner that is contrary to
morals, good customs or public
RA 8533 further amended Art 39 by policy shall compensate the
deleting prescriptive period of 10 years. latter for the damage.
Hence as it now stands, THERE IS NO  Significantly, prior to SC resolution in A.M
PRESRIPTIVE PERIOD TO NLLIFY A No. 02-11-10 SC which took effect on March
Aleezah Gertrude Regado

15,2003, any interested party, uch as the Art. 40. The absolute nullity of a previous
father and step-children can file a direct case marriage may be invoked for purposes of
for nullity of marriage. However, under new remarriage on the basis solely of a final
rules on declaration of nullity, heirs cannot judgment declaring such previous
anymore file a case for nullity of marriage of marriage void.
the parents or of their parent with their step-
parent. (Enrico v. Heirs of Medinaceli) JUDICIAL DECLARATION OF NULLITY
 Thus previously, a father can file aa case for o If marriage between two contracting
declaration of bigamous marriage entered parties is void ab initio, any one of them
into by his daughter to married man cannot contract a subsequent valid
(Conjuanco v. Romillo) marriage without previous judicial
 Likewise, leigitimate heris can file a suit declaration of nullity of previous void
against their stepmother for the declaration marriage.
of nullity of her marriage with their deceased o Subsequent marriage w/o such JDN of
father to protect their successional rights. previous marriage is in itself void ab initio
 Now, under new rules, parents cannot file a in accordance with Articles 40,52,53.
case for nullity in relation to the marriage of o Insofar as Art 40 is concerned, if JDN
their children. Neither can heir file a case in were obtained and not registered with
relation to marriage of his/her parent with local civil registrar and the liquidation,
another. (Enrico v. Heirs of Medinaceli) partition and distribution of properties, if
 SC ruled that only spouses in subsisting first any, were also not recorded in proper
marriage can file a case for declaration of registry of property, in accordance with
nullity of subsequent bigamous marriage. Art 52 and Art 53 of FC, any subsequent
The “other spouse” in subsequent marriage marriage is likewise void ab initio.
cannot file the case considering that his/her o Only after full compliance with Art 52 and
marriage is void (Fujiki v. Marinay) 52 can a subsequent valid marriage be
 Where 2nd wife filed a petition for intervention entered into.
in the declaration of nullity of marriage case o Hence, though first marriage is judicially
filed by her husband in relation the latter’s declared void, any subsequent marriage
first marriage, SC denied such intervention may still be declared void because of the
on the ground that 2nd wife has no legal failure to comply with Art 52 & Art 53.
interest to justify her intervention. SC said o Also, if there is no judicial declaration of
that since divorce obtained by her husband nullity and no decree of annulment, there
in Dominican Republic from 1st wife to be can be no way by which the party can
able to marry 2nd wife was not recorgnized in comply with Art 52 in matter of
PH, PH law does not recognize 2nd marriage registration with LC of nullity or
of her husband to her. (Perez v. CA) annulment decree prior to subsequent
 However void marriage can still be marriage . [so it applies: void and
collaterally attacked by any interested party voidable marriages]
in any proceeding where the determination of o RATIONALE:
the validity of marriage is necessary to give For the sake of good order of society and
rise to certain rights or negate certain rights. for peace of mind of all persons
This can occur in an intestate proceeding. concerned, it is generally expedient that
nullity of marriage should be asccertaied
and declared by decree of court of

Aleezah Gertrude Regado

competent jurisdiction. Another reason subsequent marriage in Atienza case

why a judicial determination of such a occurred after Augsust 3,1988 when FC
marriage ought to be sanctioned is that already in effect.
the opportunity given, when evidence  In Atienza ccase, SC was clearly stating that
obtainable, and the parties living t ave even if 1st marriage was celebrated before
proof of validity of such marriage effectivity of FC, but subsequent marriage
presented in form of judicial record, so occurred after said FC, Art 40 will apply
that it cannot be disputed or denied. retroactively in so far as making 1st marriage
the reckoning point.
Art. 40. The absolute nullity of a previous  Atienza case does not deal with two
marriage may be invoked for purposes of marriage occurring prior to Aug 3,1988.
remarriage on the basis solely of a final judgment
declaring such previous marriage void. Atienza v. Brillantes digest
Art. 52. The judgment of annulment or of FACTS:
absolute nullity of the marriage, the partition and
distribution of the properties of the spouses and This is a complaint by Lupo A. Atienza for Gross
the delivery of the children's presumptive Immorality and Appearance of Impropriety
legitimes shall be recorded in the appropriate civil against Judge Francisco Brillantes, Jr.
registry and registries of property; otherwise, the Complainant alleged that he has two children
same shall not affect third persons. with Yolanda De Castro with whom respondent
Art. 53. Either of the former spouses may marry Judge was cohabiting with. Complainant claimed
again after compliance with the requirements of that respondent is married to one Zenaida
the immediately preceding Article; otherwise, the Ongkiko with whom he has 5 children.
subsequent marriage shall be null and void
Respondent alleges that while he and Ongkiko
went through a marriage ceremony (1965) before
a Nueva Ecija town Mayor, the same was not a
HISTORY BACKGROUND OF NEED FOR valid marriage for lack of a marriage license.
JUDICIAL DECLARATION OF NULLITY Upon request of the parents of Ongkiko,
 Prior to effectivity of FC, rule on need for respondent went through another marriage
judicial declaration of nullity of void marriage ceremony with her in Manila. Again, neither party
for purposes of remarriage changed from applied for a marriage license. Respondent
time to time. claims that when he married De Castro in civil
rites in Los Angeles, California in 1991, he
 As consonance to these changing rules,
believed in all good faith and for all legal intents
status of subsequent marriage depends upon and purposes that he was single because his first
time of solemnization of said marriage. marriage was solemnized without a license.
 Example of situation Respondent also argues that the provision of
1960 w/o need Article 40 of the Family Code does not apply to
1972 required him considering that his first marriage took place
1978 w/o need in 1965 and was governed by the Civil Code of
1985 w/o need the Philippines; while the second marriage took
1986 required place in 1991 and governed by the Family Code.
 Jarillo v. People, June 29,2010, Supreme
court made a sweeping statement on Art 40
WON Article 40 of the Family Code is applicable
can be given retroactive effect and ruled that, to the case at bar.
even if the two marriages were solemnized
prior to Aug 3,1988, the subsequent HELD:
marriage will always be void. Yes. Article 40 is applicable to remarriages
 As basis SC used Atienza v. Brillantes, supra entered into after the effectivity of the Family
as basis. This is unfortunate because the Code on August 3, 1988 regardless of the date of

Aleezah Gertrude Regado

the first marriage. Besides, under Article 256 of

the Family Code, said Article is given “retroactive So why the distinction? In other words, for
effect insofar as it does not prejudice or impair purposes of remarriage, why should the only
vested or acquired rights in accordance with the legally acceptable basis for declaring a previous
Civil Code or other laws.” This is particularly true marriage an absolute nullity be a final judgment
with Article 40, which is a rule of procedure. declaring such previous marriage void? Whereas
Respondent has not shown any vested right that for purposes other than remarriage, other
was impaired by the application of Article 40 to evidence is acceptable
his case.
 FC characterizes marriage as a “special
 In case of Domingo v. CA. SC had the contract of permanent union between a man
occasion to discuss the reason fro need to and a woman entered into in accordance
with law for the establishment of conjugal
obtain a judicial declaration of nullity for the
and family life”
purpose of remarriage and proper  So crucial are marriage and family to the
interpretation of Art 40 of FC. After tracing stability and peace of thee nation and that
the changing doctrines in relation to need of their nature, consequences, and incidents
obtaining a judicial declaration of nullity SC are governed by law and not subject to
stated that declaration of absolute nullity of stipulation
marriage iis now explicitly required either as  As a matter of policy therefore, nullification of
marriage for purpose of contracting another
cause of action or a ground fro defense.
cannot be accomplished merely on basis of
Where absolute nullity of previous marrage is perception of both parties or of one that their
sought to be invoked for purposes of union is so defective with respect to the
contracting a second marriage , the sole essential requisites of contract of marriage
basis acceptable in law for said projected as to render it void ipso jure and with no legal
marriage to be free from legal infirmity is final effect and nothing more.
 That law seeks to ensure that prior marriage
judgment declaring the previous marriage
is no impediment to a second marriage to be
void. Family Law Revision Committee and contracted by one of the parties may be
Civil Code Revision Committee which drafted gleaned from new information required in the
SC took position that parties to marriage FC to be included in application for a
should not be allowed to assume that their marriage license. “If previously marriage,
marriage is void even if such be the fact but how when and where the previous marriage
must first secure a judicial declaration of was dissolved and annulled.
o Significantly, Art 40 of FC which is a rule of
nullity of their marriage before they can be
procedure in effect states that only
allowed to marry again.
acceptable proof of nullity of 1st marriage for
purposes of remarriage is judicial declaration
Art 40 as finally formulated included the
significant clause denotes that such final of nullity.
judgment declaring the previous marriage void o Aim of Article 40 in requiring for purposes of
need not be obtained only for the purposes of remarriage a judicial declaration of nullity by
remarriage. Undoubtedly, one can conceive of final judgment of previously contracted void
other instances where a party might well invoke marriage is “to do away with any continuing
the absolute nullity of previous marriage for uncertainty on status of 2nd marriage (Valdes
purpose other than remarriage such as in the
v. RTC) 2nd marriage shall likewise be void.
case of an action for liquidation, partition,
distribution or separation of property between o In (De Castro v. Assidao-De Castro) SC
erstwhile spouses, as well as an action for ruled that in case for support, a lower court
custody and support of their children and delivery can declare marriage void even without prior
of latter’s presumptive legitimes. judicial declaration of nullity of void marriage
Aleezah Gertrude Regado

filed in a separate action considering that MARRIAGE IS VOID

determination of the issue on validity of  Interesting to note however that in Nicdao
marriage was important in the resolution of Carino v. Carino, SC wile acknowledging that
the right of child to be supported. This is so previous marriage was void for aving been
because the validity of marriage, as a solemnized w/o marriage license,
general rule can be collaterally attacked. It nevertheless stated that subsequent
reiterated however the ruling in Domingo marriage of one of the parties was bigamous
case, supra that for purposes of remarriage, because the first marriage, though void was
the only acceptable proof is a judicial still presumed to be valid considering that
declaration of nullity of marriage. there was no judicial declaration of nullity of
1st marriage.
ARTICLE 40 AND BIGAMY  Accordingly SC applied property regime
 Law distinctly separated the provisions of under Art 148. This particular decision
subsequent void marriages contracted creates confusion for, in making the
while previous marriage is still subsisting presumption, there seems to be no more
(Art 40) distinction between voidness of subsequent
 From provisions on void bigamous marriage to bigamy under Art 41
marriage (Art 35 (4) and Art 41  By statement SC presuming the validity of 1st
 All these provisions contemplate a marriage, though it is indeed void due to lack
situation where subsequent marriage is of ML, it obfuscates the difference between
void but they differ on status of first 40 & 41.
marriage.  QUESTION IS: If 1st marriage will always be
ART 40 ART 35 (4) & 41 presumed to be valid, though it is clearly
o Void not because it o Subsequent void void, would there still be any difference
is bigamous but bigamous marriage between Art 40 and bigamy under 40?
because it failed to contemplates a
comply with the situation where such  It is submitted therefore that despite the
requirements under subsequent decision of SC in Carino case, basic
Art 40, 52 and 53. marriage was difference between Art 40 ad 41 must still be
o Thus if contracting contracted at time maintained.
parties marry without a when the first
marriage license and marriage, which is
they do not fall under valid in all respects, ARTICLE 40 AND CRIMINAL BIGAMY
exceptions for
obtaining valid
was still subsisting. Crime of Bigamy under our laws is
marriage license their FIRST MARRIAGE IS committed by any person who shall
marrage is void on NOT VOID BUT
contract a 2nd or subsequent marriage
ground of absence of a COMEPLETELY VALID
formal requirement OR AT LEAST before the former marriage has been
:valid ML ANNNULLABLE. legally dissolved or before the absent
o If one of them SUBSISTING 1ST spouse has been declared presumptively
remarries w/o MARRIAGE WAS
procuring a JDN of 1st dead by means of judgment rendered I
marriage, the the proper proceeding.
subsequent marriage
is void not because it
The crime of bigamy therefore
is bigamous but contemplates a situation where the 1st
because it violates Art marriage is valid or at least annullable
40 in rel to 52 & 53
and not void from the beginning.

Aleezah Gertrude Regado

Hence if the 2nd marriage is likewise void He observes that “no incongruence
of legal grounds other than bigamy, there between this rule in criminal law and FC
can be no crime of bigamy. and each may be applied within the
It might likewise be pointed out that good respective spheres of governance.”
faith in contracting 2nd marriage is a Dissenting opinion of Assoc Justice Vitug
defense in crime of bigamy. in Mercado case appears to be a correct
However, in (Mercado v Mercado) SC rule.
held that criminal offense of bigamy is While the accused may have violated Art
committed for so long as subsequent 40, such violation is not a bar in invoking
marriage was contracted by person nullity of 1st marriage because Art 40
without him/her obtaining judicial merely aims to put certainty as to the
declaration of nullity of his/her 1st void status of subsequent marriage and
marriage pursuant to Art 40 of FC. SC is not aimed as provision to define
did not find it material to focus on nullity bigamy under FC or criminal bigamy
of 1st marriage but instead merely under RPC.
reasoned that, for so long as Art 40 of Only effect of non-observance of Art 40
FC was not complied with, the is to make the subsequent marriage void
subsequent marriage will always be pursuant to Art 52 and 3.
criminally bigamous. Hence ruling states (page 284*** People v. Cobar)
that criminal bigamy is determined not by
fact that 1st marriage is really legally void
but by fact that no judicial declaration of [ART 40-46 REFER TO BOOK AND TAKE
nullity of 1st marriage was obtained prior NOTE OF CASES}
to subsequent marriage.
This decision is subject to strong
dissenting opinion of Assoc Justice Jose
Vitug.He stated that criminal law on
bigamy contemplated an existing
marriage or at least an annullable or
voidable one but not a null and void one.
When criminal law on bigamy referred to
a legally dissolved marriage, it clearly
contemplates a marriage which is at
least annullable or voidable but not void.
This is so because criminal law on
bigamy as explained in (People v.
Aragon) does not require a judicial
declaration of nullity in order to set up the
defense of nullity of marriage in cases of
criminal bigamy. He stated that the total
nullity and inexistence of void marriage
“should be capable of being
independently raised by way of defense
in a criminal case for bigamy”

Aleezah Gertrude Regado

Art. 47. The action for annulment of marriage  Jurisdiction over the same by proper RTC
must be filed by the following persons and depends upon the nationality or domicile of
within the periods indicated herein: parties, not the place where celebration of
marriage took place or the locus
(1) For causes mentioned in number 1 of celebracionis.
Article 45 by the party whose parent  Thus where Filipino is domiciled in PH, lower
or guardian did not give his or her court has jurisdiction to annul his marriage to
consent, within five years after Korean girl contracted by him in Korea.
attaining the age of twenty-one, or by (Raray v. Chae Kyung Lee)
Rayray married Lee in 1952 in Pusan, Korea. Before
the parent or guardian or person the marriage, Lee was able to secure a marriage
having legal charge of the minor, at license which is a requirement in Korea prior to
any time before such party has marrying. They lived together until 1955. Rayray
however later found out that Lee had previously
reached the age of twenty-one; lived with 2 Americans and a Korean. Lee answered
by saying that it is not unusual in Korea for a woman
(2) For causes mentioned in number 2 of to have more than one partner and that it is legally
permissive for them to do so and that there is no
Article 45, by the same spouse, who legal impediment to her marriage with Rayray.
had no knowledge of the other's Eventually they pursued their separate ways. Rayray
later filed before lower court of Manila for an action to
insanity; or by any relative or annul his marriage with Lee because Lee’s
guardian or person having legal whereabouts cannot be determined and that his
charge of the insane, at any time consent in marrying Lee would have not been for the
marriage had he known prior that Lee had been
before the death of either party, or by living with other men. His action for annulment had
the insane spouse during a lucid been duly published and summons were made
interval or after regaining sanity; known to Lee but due to her absence Rayray moved
to have Lee be declared in default. The lower court
denied Rayray’s action stating that since the
(3) For causes mentioned in number 3 of marriage was celebrated in Korea the court cannot
take cognizance of the case and that the facts
Article 45, by the injured party, within presented by Rayray is not sufficient to debunk his
five years after the discovery of the marriage with Lee.
ISSUE: Whether or not Rayray’s marriage with Lee is
null and void.
(4) For causes mentioned in number 4 of
HELD: The lower court erred in ruling that Philippine
Article 45, by the injured party, within courts do not have jurisdiction over the case. As far as
five years from the time the force, marriage status is concerned, the nationality principle
intimidation or undue influence is controlling NOT lex loci celebracionis. The lower
court is however correct in ruling that Rayray’s
disappeared or ceased; evidence is not sufficient to render his marriage with
Lee null and void. Rayray said that the police
(5) For causes mentioned in number 5 clearance secured by Lee is meant to allow her to
marry after her subsequent cohabitation/s with the
and 6 of Article 45, by the injured other men – which is considered bigamous in
party, within five years after the Philippine law. The SC ruled that the police clearance
is wanting for it lacks the signature of the person who
marriage. prepared it and there is no competent document to
NATURE OF ANNULMENT establish the identity of the same. Also, through
 Actions in rem: concern the status of parties Rayray himself, Lee averred that it is ok in Korea for a
person who cohabited with other men before to marry
and status affects or binds whole world. another man. This is an indication that Lee herself is
 “res” is the relation between said parties, or aware that if it were a previous marriage that is
their marriage tie. concerned then that could be a legal impediment to
any subsequent marriage. Rayray cannot be given
credence in claiming that his consent could have been

Aleezah Gertrude Regado

otherwise altered had he known all these facts prior to Notes:

the marriage because he would lie to every
opportunity given him by the Court so as to suit his  In case of insanity, if the sane spouse knew
case. that his/her spouse has already been insane
previous to the marriage
GROUNDS,PARTIES, PRESCRIPTIVE PERIOD  Such sane spouse cannot file suit for
 Prescriptive period is the time within which annulment as he/she is already
case can be filed in court. estopped.
 After lapse of prescriptive period, case  If sane spouse only knew of insanity after
cannot be filed anymore marriage ceremony, he/she is given legal
GROUNDS CODE (N.I.F.V.I) standing to file sit at anytime prior to death of
 In fraud, vitiated consent, incapability to
1. No Parent Parent/Guardia Anytime
Consent n having legal before no- consummate and std :
charge of no- consent party  Person given standing is the “injured party.
consent party reaches age  Even if injured party were married because
of 21 of force and intimidation and thereafter such
No consent w/in 5 years injured party became insane, the parents or
party after attaining
person who is legally charged of such
2. Insanity Sane spouse At any time aggrieved party who eventually became
without before death insane cannot file a case for annulment for
knowledge of of either party him or her.
insanity  Non-consent of parents, as to child himself,
Relative, At any time she can file the case within 5 years after
guardian, or before death reaching age of 21.
person having of either party
- It may be argued, however that lowering
legal charge of
insane the majority age from 21 to 18 by R.A
Insane spouse During lucid 6809 amending Art 234 of FC, has in
interval or effect extended the prescriptive period in
after regaining favor of child.
sanity  Where one of the parties is insane, he/she
3. Fraud Injured party w/in 5 years
cannot reciprocate the marital commitment of
after discovery
of fraud sane person.
4. Vitiated Injured party w/in 5 years  Insane spouse cannot even appreaciate and
Consent from time comply with the essential marital obligations.
force,  To a great extent, an insane person is even
intimidation or worse than a person who is merely
undue psychologically incapacitated to perform the
disappeared essential marital obligations. Failure of
or ceased insane person’s mental faculties to perform
5. Incapabilit Injured party w/in 5 years normally even affects nor only his or her
y to after marriage marital life but also totality of life.
Consumma ceremony  But if it that the case? Why is insanity
te/ STD
merely a ground for annulment while
psychological incapacity is grounds for

Aleezah Gertrude Regado

 For vitiated consent, the 5 year period is filed with proper RTC, defendant shall be
counted from the time of disappearance of given 15 days from receipt of summons and
force, intimidation or undue influence. of a copy of complaint within which to file an
 For fraud, the 5 year period starts from answer
discovery of fraud  In the event that defendant fails to file an
 For incurable impotency and std, disease, 5 answer, he/she cannot be declared in default
year period begins from time of marriage unlike ordinary civil cases and the court will
ceremony. order the full-blown hearing of the case
 However, except for grounds of incurable where the fiscal shall appear on behalf of the
physical incapacity to consummate or state to make sure that no collusion or the
incurable STD, the ther grounds are subj to evidence is not fabricated.
rule of ratification.  However, if errorneously, the court renders a
default jusgment in an annulment case, this
Art. 48. In all cases of annulment or would not prevent the decree from having
declaration of absolute nullity of marriage, the legal effect.
Court shall order the prosecuting attorney or  BECAUSE: Errorneous judgment IS NOT
fiscal assigned to it to appear on behalf of the void judgment
State to take steps to prevent collusion  If defending party in an action for annulment
between the parties and to take care that or declaration of nullity of marriage or for
evidence is not fabricated or suppressed. legal separation fails to answer, court shall
In the cases referred to in the preceding order prosecuting attorney to investigate
paragraph, no judgment shall be based upon whether a collusion between parties exists,
a stipulation of facts or confession of and if there is no such collusion, to intervene
judgment. for the State in order to see to it that the
evidence submitted is not fabricated.
Art. 49. During the pendency of the action and  Inquiry of the fiscal can focus upon any
in the absence of adequate provisions in a relevant matter that may indicate whether
written agreement between the spouses, the proceedings for annulmen, nullity or legal
Court shall provide for the support of the separation are fully justified or not.(Brown v.
spouses and the custody and support of their Yambao)
common children. The Court shall give  Annulment suit cannot be terminated by way
paramount consideration to the moral and of compromise agreement.. No valid
material welfare of said children and their compromise is legally possible on issue of
choice of the parent with whom they wish to validity of marriage. (Mendoza v. Ca)
remain as provided to in Title IX. It shall also  In all cases, a full blown hearing must be
provide for appropriate visitation rights of the undertaken where parties are duty bound to
other parent. prove their grounds by preponderance of
PROCEDURE IN ANNULMENT AND IN  Summary proceedings are not allowed?
 Procedure is now governed by Supreme 1. Such action is not one to “recover upon a
Court En Banc Resolution A.M 00-11-01-SC. claim” or “to obtain a declaratory relief”
Effective March 15,2003 2. It is avowed politcy of state to prohibit
 After a complaint for annulment or for annulment if marriages by summary
declaration of nullity of marriage has been proceedings (Roque v. Enarnacion)

Aleezah Gertrude Regado

 In actions for declaration of nullity or get a nullity or annulment of marriage. If

annulment of marriage or legal separation, there is no showing that compromise
the material facts alleged in complaint shall agreement for the separation of propert
always be proved. touched on merits of nullity or annulment
case, participation of fiscal or OSG in
such an agreement is no need.
 In annulment or nullitycases: prosecuting  However if annulment or declaration of
attorney or fiscal must be present. nullity of case were strongly opposed
 OSG can intervene in proceeding and heatedly contested in that defendant
considering that issue of validity of filed his answer and was represented by
marriage is vested with public interest. counsel who filed several pleadings and
 OSG – counsel of state in capacity of actively participated in the case and even
defender of marital bound (defensor cross examined the witnesses of plaintiff,
vinculi) it is clear that litigation was characterized
by no-holds-barred contest and not by
DUTY collusion. Under this circustances, non-
1.) Make sure that there is no collusion or intervention of fiscal or prosecuting atty.
that evidence is not fabricated to assure lack of collusion between
2.) Defend marriage contending parties is not fatal for validity
3.) Expose an invalid marriage of proceedings in court especially when it
was no shown that it was suppressed or
 Prosecutin attorney must actively fabiracted by parties. These kinds of
participate. situation do not call for strict application
 Fiscal merely filed a manifestation that of Art 48 and 60 of FC (Tuason v. CA)
there was no collusion and where he COLLUSION
merely entered his appearance at certain  Where for purposes of getting an annulment
heariings of case for futher proceeding or nullity decree, parties come up w/ an
even if SC remanded case for further agreement making it appear that the
proceedings even if judge of lower court marriage is defective due to the existence of
already denied petition for nullity. (Sin v. any of the grounds for annulment of
Sin) marriage
 Partial voluntary separation of property  or the declaration of its nullity provided by
agreed upon by parties via compromise law and agreeing to represent such false or
agreement duly approved by Court prior non-existent cause of action before proper
to judicial declaration of nullity of court with objective of facilitating issuance
marriage is valid (Maquilan v. Maquilan) of decree of annulment or nullity of
 It cannot be voided because non- marriage.
participation of prosecuting atty or OSG.  Collusion implies a corrupt agreement
An agreement to separate property is not between husband and wife and therefore
itself an indicator of collusion. In fact, renders dismissible an annulment or nullity
there is no need for fiscal to participate in case initiated through the same.
negotiation leading to agreement. The  Collusion only if parties had arranged to
task of fiscal is to determine if parties make it appear that ground existend or had
colluded or fabricated their evidence to been committed although it was not, or if

Aleezah Gertrude Regado

parties had connived to bring about a supported or corroborated by other

matrimonial case even in absence of independent substantial evidence to
grounds therefor. (Ocampo v. Florenciano) support main ground relied upon, may
warrant an annulment of marriage or the
 To say that mere agreement is collusion
declaration of nullity of the same.
and therefore enough to dismiss a case is What law prohibits is judgment based
dangerous becase this could very well leave exclusively or mainly on defendant who
fate of proceeding to defendant who would, oppose the separation will immediately
if he/she wishes to proceed with case deny confess judgment purposely to prevent it.
an agreement, or who desires to terminate
case merely invoke the parties agreed to file
suit even if there is real ground for Remember that state and public ave vital
matrimonial case. interest in the mainteane and preservation of
 Judge who does not order an investigation these social institution against descreation by
for collusion when situation falls squarely collusion between parties or by fabricated
within rules for him to order such evidence.
investigation can be subject to Prohibition against annulling marriage based
administrative sanction. (Corpus v. on stipulation of facts or by confession of
Ochotorena) judgment or by non-appearance of defendant
 Mere fact that wife agreed and accepted stresses that marriage s more than mere
P50,000 from husband as her share in contract between parties; and for this reason,
conjugal property in nullity case does not when defendant fails to appear, law enjoins
prove collusion court to direct prosecuting officer to intervene
- Probability that husband willingly gave for state in order to preserve integrity and
her amount as her conjugal asset out of sanctity of marriage bonds. ((Tolentino v.
his recognition of her unquestionable Villanueva)
legal entitlement to such share was very Mere circumstance that defendant told fiscal
high that she “liked also” to be legally separated
STIPULATION OF FACTS OR CONFESSION from husband is no obstacle to successful
OF JUDGMENT prosecution of action.
 Annulment or decree cannot e issued by  Where 1st wife filed annulment of marriage
court on sole basis of stipulation of facts or case with respect to subsequent marriage of
confession of judgment (Cardenas v. her husband with 2nd wife and where during
Cardenas and Rinen) hearing there was a stipulation of facts
Stipulation of Facts Confession of entered into by 1st wife and defendants
Judgment whereby parties agreed that 1st wife is
- Practically an - Admission made in married to her husband prior to 2nd wife and
admission by both court by respondent where marriage certificates of 1st and 2nd
parties made in or defendant
marriage were duly attached to stipulation of
court agreeing to admitting fault as
existence of the act invoked by plaintiff to facts, sc ruled that the stipulation of facts
constituting the sever marriage ties. and attached marriage cert are sufficient to
ground of declare 2nd marriage null and void . In this
annulment or for case, collusion is remote becase interet of
declaration of nullity 1st and 2nd wife are conflicting. (Cardenas v.
of marriage
However if stipulation of facts or
confession of judgment if sufficiently

Aleezah Gertrude Regado


 Annulmet and declaration of nullity case,
other issues can be threshed out such as
with respect to visitation rights division of
property and custody.
 Rules of nullity of void marriage and
annulment of voidable marriages (En Banc
Resolution in A.M 02-11-10-SC) clearly allow
the reception on evidence on custody
support and property relations after trial
courts renders a decision granting petition or
upon entry of judgment granting the petition
and even before decree of nullity or
annulment is issued (Yu. V. Carpio)