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SBCA-SOL BLOCK B 2020 PERSONS & FAMILY REVIEWER

Article 4. Laws shall have no retroactive effect, unless the contrary is


THE CIVIL CODE OF THE PHILIPPINES
provided.

Article 1. This Act shall be known as the Civil Code of the Philippines.
- Always remember that the law looks to the future. There are only certain
instances, which it can be allowed.
- EO 48 – The Roxas Code Commission was created, which prepared for the
- The law may only be given retroactive effect in the following instances:
main draft of the Civil Code.
o When it expressly provides for retroactivity
- Republic Act No. 386 – The Act that instituted the Civil Code of the o When it is curative or remedial
Philippines § Reaches back on past events to correct errors or
irregularities, and to render valid and effective
Article 2. Laws shall take effect after fifteen days following the attempted acts that would otherwise be ineffective.
completion of their publication in the Official Gazette, unless it is o When it is procedural
otherwise provided. This Code shall take effect one year after o When it is penal in character and is favorable to the accused
publication. - In criminal law, the law can be rendered retroactive as long as it favors the
criminal. The exception to that general rule is, however, when the criminal is
- Took effect on August 30, 1950. a recidivist.
- Expressly amended by Executive Order No. 200, which was issued by then - The law cannot be retroacted when:
President Corazon Aquino. o It impairs obligations of contracts
o It affects vested rights
- TANADA VS. TUVERA – It is held that “unless otherwise provided” pertains
o It will affect pending proceedings
to the fifteen day period and not the publication. The publication is a
necessity—an indispensible requirement. Its absence will make the law
ineffective. The case also clarified that publication requirements apply to the Article 5. Acts executed against the provisions of mandatory or
following: statutes, presidential decree, executive order, admin rules, charter prohibitory laws shall be void, except when the law itself authorizes
of a city, and monetary boards. The SC also declared that all laws as above their validity.
defined shall immediately upon their approval, or as soon as possible, be
published to be effective only after 15 days or on another day specified. - A mandatory or prohibitory law will be valid only if the law authorizes their
- PEOPLE VS. QUE PO LAY – Circulars and regulations should be published validity that acts in violation of these laws are valid and enforceable.
before becoming effective. Publication is also necessary in such cases. - Mandatory laws – required. Necessary.
o Ex. Paying taxes
Article 3. Ignorance of the law excuses no one from compliance - Prohibitory laws – prohibitions. Not necessarily needed to be done.
therewith. o Ex. Annulment

- Good faith is not a defense.


o Ex. Filipinos are presumed to know who the authorized marriage Article 6. Rights may be waived, unless the waiver is contrary to law,
solemnizers are. Asking a notary public to solemnize a wedding public policy, morals or good customs, or prejudicial to a third person
does not fall under good faith, as it is a mere “ignorance of the with a right recognized by law. (LawPuMoGo)
law”. Good faith comes in when a priest, whom forgot to renew his
license to marry, marries a couple despite such circumstance.
- A waiver is effective when it is a “knowing and intelligent waiver”. You
- Applies only to mandatory and prohibitory laws. wouldn’t give an indigenous man a waiver that has high falutin words. You
- “Ignorantia legis non excusat” would give him something he would understand.

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SBCA-SOL BLOCK B 2020 PERSONS & FAMILY REVIEWER

- Always remember that waivers are there to make you understand what your - Remember that once a former doctrine is overruled, the new doctrine will be
rights are. applied prospectively. However it cannot retroact to parties who had relied
- CONSUNJI VS. CA – The widow of the deceased had the right because on the old doctrine.
she was not aware of her rights and remedies. Her election to claim from o Ex. (LegRes) When you become a lawyer, make sure you help
insurance funds doesn’t waive her from the company of her deceased your client win with the latest case. If you use an old doctrine,
husband. She cannot be barred from availing death benefits. mag-dasal ka nalang na bobo maghanap ng kaso yung kalaban
- CUI VS. ARELLANO – A waiver is not valid when it is contrary to public mo na abogado.
policy. Once it is such, then it shall be held null and void. Cui has then the - “Legis interpretation legis vim obtinet” – The interpretation placed upon the
right to transfer law schools. written law by a competent court has the force of law.

Article 7. Laws are repealed only by subsequent ones, and their Article 9. No judge or court shall decline to render judgment by reason
violation or non-observance shall not be excused by disuse, or of silence, obscurity or insufficiency of the laws.
custom, or practice to the contrary.
- It is a well-known fact that the three departments cannot encroach on each
When the courts declare a law to be inconsistent with the Constitution, other’s powers. However in certain instances, the court may legislate to fill
in the gaps—to be able to render judgment in cases that doesn’t have a law
the former shall be void and the latter shall govern.
yet.
o Ex. Judge Wagan decided on the case of the cameraman who
Administrative or executive acts, orders and regulations shall be valid was accused of bringing a bullet to the airport. She decided that
only when they are not contrary to the laws or the Constitution. he shouldn’t be held liable because there was no intent in bringing
such since it was used as an amulet. Her judgment isn’t part of
- Doctrine of operative fact – The general rule is once a part of the law is the current law regarding “laglag bala”.
declared unconstitutional; other parts not declared will still be upheld. But
when they are mutually dependent, everything will also become Article 10. In case of doubt in the interpretation and application of laws,
unconstitutional. it is presumed that the lawmaking body intended right and justice to
- Repeal – overall abrogation or cancellation of a statute or its portions. prevail.
o Express – Specifically mentioned in the law
o Implied – Not expressly provided in the law - Basic Statutory Construction – when the law is clear, it must be applied as
- The Constitution can be repealed. However, the framers of the 1987 is. But if it’s ambiguous, then the court has the mandate to interpret it.
Constitution made it hard to due to certain provisions pointed out in the However, the Court’s job is to apply the law first. Then, interpretation will
Constitution. (Basis: Father Joaquin Bernas) come after it is applied.
- Literal interpretations are rejected as it may be unjust or it may lead to
Article 8. Judicial decisions applying or interpreting the laws or the absurd results.
Constitution shall form part of the legal system of the Philippines.
Article 11. Customs which are contrary to law, public order or public
- Res Judicata – Litigated, cannot reopen. Decided by the Supreme Court. policy shall not be countenanced.
The SC’s decision can change. They have the final say.
- Doctrine of Stare Decisis – Where decisions follow the latest resolution of Article 12. A custom must be proved as a fact, according to the rules of
the Supreme Court. evidence.


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- Courts take no judicial notice of customs, unless it is proven by competent - Exception – The Philippine Government waived this for immune leaders of
evidence. the country.
- Juridical custom is not the same as social custom. Juridical custom is a
supplement to statutory law. Social customs depend on the belief or actions Article 15. Laws relating to family rights and duties, or to the status,
of a certain group of people. But even if a custom is proven, it cannot prevail condition and legal capacity of persons are binding upon citizens of
over a statutory rule or legal rule expressed by the Supreme Court. the Philippines, even though living abroad.

Article 13. When the law speaks of years, months, days or nights, it - Lex Nationalii – This provision is also known as the Nationality Rule.
shall be understood that years are of three hundred sixty-five days
- More about this in the family code re: divorce.
each; months, of thirty days; days, of twenty four hours; and nights
from sunset to sunrise. Article 16. Real property as well as personal property is subject to the
law of the country where it is situated.
If months are designated by their name, they shall be computed by the
number of days which they respectively have. However, intestate and testamentary successions, both with respect to
the order of succession and to the amount of successional rights and
In computing a period, the first day shall be excluded, and the last day to the intrinsic validity of testamentary provisions, shall be regulated
included. by the national law of the person whose succession is under
consideration, whatever may be the nature of the property and
- A perfect example of this would be the 120-effectivity of the marriage regardless of the country wherein said property may be found.
license. 120 days cannot be converted into approximately 4 months as the
term “months” is explicitly stated to be 30 days. Some months have 31
days, and February can sometimes have 28. If the law states 120 days, it
- Lex Rei Sitae – It is Latin for "the law where the property is situated". The
law governing the transfer of title to property is dependent upon.
shall be taken literally as 120 days.
- Another example would be taken from Obligation and Contracts. If you are
- The general rule in this provision is that the law that governs the real and
personal property is the law of the country where the property is.
asked by a certain government office to pay within 20 days, you should pay
within 20 days minus holidays and weekends. - The exception to this is with respect to the order of succession and the
amount of successional rights, intestate or testamentary. The national law of
- Another is the age for marriage requirement. You are no longer part of the
the deceased shall regulate them.
consent group (18-21) if you are 21 years old and 3 months because 21
o Ex. If X died in the Philippines, but is an American citizen and also
years old means 365 days and not 365 and 3 months.
lives there, the law of America will apply.

Article 14. Penal laws and those of public security and safety shall be - Civil Code render applicable the national law of the decedent, in intestate or
testamentary succession, with regard to four items: (CIAO)
obligatory upon all who live or sojourn in Philippine territory, subject to
o Capacity to succeed
the principles of public international law and to treaty stipulations. o Intrinsic validity of the provisions of the will
o Amount of successional rights
- 1961 Vienna Convention of Diplomatic Relations – diplomatic agents are o Order of succession
immune from suits. However, if they go here in the Philippines for vacation - MICIANO VS. BRIMO – It may have been declared in the will that Philippine
and incognito, they are not covered by such immunity. laws will govern, however it shouldn’t prejudice someone else. Also, his
- General rule – Citizens and foreigners are subject to all penal laws condition was impossible and contrary to good morals. Since it is illegal and
imposed by the Philippines as well as laws enacted for the maintenance of void, the national law of the dead person shall govern.
public security and safety. - PILAPIL VS. IBAY-SOMERA – Lex Loci Celebrationis! Regardless of
where you are, you are still governed by the laws of the Philippines.

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However, the PH recognizes decrees validly and legally obtained abroad, Article 19. Every person must, in the exercise of his rights and in the
because if not, the enjoyment of rights of a foreign spouse who obtained a performance of his duties, act with justice, give everyone his due, and
divorce would eventually be prejudicial to the Filipino wife whose marriage observe honesty and good faith.
would still be valid under her national law.
- RHOER VS. RODRIGUEZ – In the case, the decree of divorce did not touch
Article 20. Every person who, contrary to law, willfully or negligently
as who the offending spouse was. The trial court was correct in setting the
causes damage to another, shall indemnify the latter for the same.
issue of the best interest of the children, since the child’s welfare is the
paramount consideration.
- GARCIA-RECIO VS. RECIO – Someone who changed citizenship is no
Article 21. Any person who willfully causes loss or injury to another in
longer bound by our laws. a manner that is contrary to morals, good customs or public policy
shall compensate the latter for the damage.
Article 17. The forms and solemnities of contracts, wills, and other
public instruments shall be governed by the laws of the country in - Articles 19 (Abuse of Right Doctrine), 20, and 21 (Acts Contra Bonus
which they are executed. Mores) express the.
o They are all related to each other in a way that all act causes
injury to another and that it may be a basis for an award of
When the acts referred to are executed before the diplomatic or
damages.
consular officials of the Republic of the Philippines in a foreign
- In Article 19, it clearly states that the wrongdoer must be held responsible
country, the solemnities established by Philippine laws shall be for his actions.
observed in their execution.
- The elements of the Abuse of Right under Article 19 are:
o There is a legal right or duty
Prohibitive laws concerning persons, their acts or property, and those o Bad faith
which have for their object public order, public policy and good o Intent of prejudicing or injuring another
customs shall not be rendered ineffective by laws or judgments - Article 20 is the general sanction for those who willfully or negligently cause
promulgated, or by determinations or conventions agreed upon in a damage.
foreign country. - Article 21 speaks of the “countless gaps” in statues, which the victims of
moral wrongs are helpless.
- The law that will govern the forms and solemnities of public instruments, o “Contra bonus mores”
wills, and contracts will be the law of the country where they are executed. - The essential requisites for the person to be held liable under Article 21 are:
- Even if it is executed before a Philippine diplomatic officer in a foreign o There is an act which is legal
country, the Philippine law will still prevail. o Contrary to morals, good customs or public policy
- Two parties cannot enter into an agreement if it’s not okay in our laws. o Done with the intent to injure
- Article 19 and 21 are provisions, which focus on the intentional act.
Article 18. In matters which are governed by the Code of Commerce - Article 20, however, reiterates that the act may be done either willfully or
and special laws, their deficiency shall be supplied by the provisions of negligently.
this code. - NIKKO HOTEL MANILA VS. REYES – Ms. Lim is not liable for any
damages since she only acted according to her duty and it was done in
- The Civil Code is only needed when there something lacks in the Code of good faith. She didn’t want the birthday celebrant to wonder who that person
Commerce or other special laws. is and why is he even there when he’s not invited.


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- QUISIMBING VS. MERALCO – Meralco had no right to immediately stopped by order of the courts at the instance of any government or
disconnect a person’s electrical supply. There should be a due process. private charitable institution.
They shouldn’t transgress the rights of their consumers.
- BAKSH VS. CA – The petitioner promised love and commitment, which - Only government or private charitable institutions can invoke this.
lead to a planning of a wedding, then inviting of guests, and then later on o Ex. X and Y had a 300B-wedding the week after the Yolanda
pregnancy—which removed the virtue and stained her reputation. Sure, the disaster in Leyte. X and Y didn’t mind exposing to the media their
breach of promise to marry may not be actionable, but the petitioner in this expensive, extravagant wedding, as they claimed to have worked
case clearly violated the Filipino’s concept of respect for women and that hard for it. However the Commission on Human Rights cried foul
there was no “good faith” or “good intention” as he has also impregnated since they fought that X and Y could’ve at least given 10% of their
several women from different provinces. No foreigner must be allowed to wedding’s sponsorship to the victims of the typhoon.
make a mockery of our laws, customs, and traditions.
Article 26. Every person shall respect the dignity, personality, privacy
Article 22. Every person who through an act or performance by and peace of mind of his neighbors and other persons. The following
another, or any other means, acquires or comes into possession of and similar acts, though they may not constitute a criminal offense,
something at the expense of the latter without just or legal ground, shall produce a cause of action for damages, prevention and other
shall return the same to him. relief:
Article 23. Even when an act or event causing damage to another’s (1) Prying into the privacy of another’s residence;
property was not due to the fault or negligence of the defendant, the (2) Meddling with or disturbing the private life or family relations
latter shall be liable for indemnity if through the act or event he was of another;
benefited. (3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious
- “Nemo cum alterious detriment locupletari potest” – Doctrine of unjust beliefs, lowly station in life, place of birth, physical defect, or
enrichment, that no person shall be allowed to profit or enrich himself at other personal condition.
another’s expense.
o Ex. Without X’s knowledge, a flood drove his cattle to the
cultivated land of Y. X’s cattle’s were saved, but Y’s crop was
- This provision is made to make sure that human dignity and personality are
enhanced. If it’s not properly dignified, then the laws are defective.
destroyed. Is X liable for damages despite having no fault? Yes,
because he was indirectly benefitted. Nabusog yung cattle ni bes. - Even in a democratic country like the Philippines, limits should be
established to make sure that there is social equality and that there is due
- Article 23 also circumvents around the concept of unjust enrichment.
regard for decency and propriety.

Article 24. In all contractual, property or other relations, when one of - TENCHAVEZ VS. ESCANO – The awarding of moral damages is required
as it is an additional effect of legal separation. Where the wealth of the
the parties is at a disadvantage on account of his moral dependence,
asserting spouse renders remedy, there is no cogent reason why the court
ignorance, indigence, mental weakness, tender age or other handicap, shouldn’t grant such indemnity. Also, parents are not allowed to meddle in
the courts must e vigilant for his protection. their children’s marriage.

- The Court must protect the rights of the disadvantaged. They must render Article 27. Any person suffering material or moral loss because a
justice and any decision must be in agreement with what is right and legal. public servant or employee refuses or neglects without just cause, to
perform his official duty may file an action for damages and other relief
Article 25. Thoughtless extravagance in expenses for pleasure or
against the latter, without prejudice to any disciplinary administrative
display during a period of acute public want or emergency may be
action that may be taken.

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- This provision is intended for public officials or employees who refuses or o Harder to prove
neglects to perform their duties, and which eventually resulted to damage or - Civil liability
prejudice of another person. o Concerned with private rights
- Any person suffering from the refusal or neglect of any government o Only needs a preponderance of evidence
employee or public servant is entitled to damages.
- A government official who acts beyond his duty is personally liable for his Article 30. When a separate civil action is brought to demand civil
act. liability arising from a criminal offense, and no criminal proceedings
are instituted during the pendency of the civil case, a preponderance of
Article 28. Unfair competition in agricultural, commercial or industrial evidence shall likewise be sufficient to prove the act complained of.
enterprises, or in labor through the use of force, intimidation, deceit,
machination or any other unjust, oppressive or highhanded method - Even if the civil obligation arose from the criminal offense, the required
shall give rise to a right of action by the person who thereby suffers quantum of evidence is not proof beyond reasonable doubt, but
damage. preponderance of evidence.
- Separate civil and criminal liability
- 1947 Civil Code Commission justified such provision for unfair competition
by stating, “democracy becomes a mockery if one deprives another of a fair Article 31. When the civil action is based on an obligation not arising
chance to engage in a business or earn a living. from the act or omission complained of as a felony, such civil action
o Ex. X decides to name his restaurant McJonalds, and intently may proceed independently of the criminal proceedings and regardless
copies the logo of McDonalds. of the result of the latter.

Article 29. When the accused in criminal prosecution is acquitted on - There are certain injuries that don’t arise from the commission of a crime.
the ground that his guilt has not been proved beyond reasonable One example is a quasi-delict. What is a quasi delict?
doubt, a civil action for damages for the same act or omission may be o It exposes a person to a civil liability after doing a negligent act or
instituted. Such action requires only a preponderance of evidence. omission that is intended to damage to the person or property.
Upon motion of the defendant, the court may require the plaintiff to file o Article 31 provides for a remedy for damages that didn’t arise from
a bond to answer for damages in case the complaint should be found a commission of a crime, which is the quasi-delict.
to be malicious. - Acquittal from a criminal liability shall not bar someone from filing a
subsequent civil action.

If in a criminal case the judgment of acquittal is based upon reasonable - Always remember that when the civil action is based on an obligation that
didn’t come from a felony, the civil action may proceed independently.
doubt, the court shall so declare. In the absence of any declaration to
that effect, it may be inferred from the text of the decision whether or
Article 32. Any public officer or employee, or any private individual,
not the acquittal is due to that ground.
who directly or indirectly obstructs, defeats, violates or in any manner
impedes or impairs any of the following rights and liberties of another
- The general rule is when a person is criminally liable he is also civilly liable.
person shall be liable to the latter for damages:
- Sabay yung crim and civil, but if kulang yung evidence mo sa crim or na-
(1) Freedom of religion;
acquit, it doesn’t necessarily mean hindi na pwede yung civil case.
Preponderance of evidence na. (Sorry if tinagalog ko na)
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical
- Criminal liability
o Concerned with social order publication;
o Demands proof of guilt beyond reasonable doubt (4) Freedom from arbitrary or illegal detention;


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(5) Freedom of suffrage; The indemnity shall include moral damages. Exemplary damages may
(6) The right against deprivation of property without due process also be adjudicated.
of law;
(7) The right to a just compensation when private property is The responsibility herein set forth is not demandable from a judge
taken for public use; unless his act or omission constitutes a violation of the Penal Code or
(8) The right to equal protection of the laws; other penal statute.
(9) The right to be secure in one’s person, house, papers, and
effects against unreasonable searches and seizures; - There are two kinds of duties exercised by public officers:
(10) The liberty of abode and of changing the same; o Duty owing to the public collectively (or of duties to the
(11) The privacy of communication and correspondence; public)
§ Not to any particular individual
(12) The right to become a member of associations or societies for
§ Acts for the public-at-large
purposes not contrary to law;
§ Who are ordinarily paid out of public treasury
(13) The right to take part in peaceable assembly to petition the § Members of the legislature owe a duty to the public to
government for redress of grievances; pass only wise and proper laws, but no one could
(14) The right to be free from involuntary servitude in any form; pretend that the duty was owing to himself, rather than
(15) The right of the accused against excessive bail; another.
(16) The right of the accused to be heard by himself and counsel, o Duty owing to particular individuals (or of duties to
to be informed of the nature and cause of the accusation individuals)
§ Reason of their employment is that they were hired by a
against him, to have a speedy and public trial, to meet the
particular individual to do some act for him in an official
witnesses face to face, and to have compulsory process to
capacity
secure the attendance of witness in his behalf; § Paid by those who employed them
(17) Freedom from being compelled to be a witness against one’s - The liability of a public officer to an individual or the public is based on his
self, or from being forced to confess guilt, or from being duty to them.
induced by a promise of immunity or reward to make such - No duty = no liability.
confession, except when the person confessing becomes a - An individual cannot have course of action for damages against a public
State witness; officer even though he may have been injured by the action or inaction of
(18) Freedom from excessive fines, or cruel or unusual the officer.
punishment, unless the same is imposed or inflicted in - The general rule is that the officer owes no duty to him as an individual. The
accordance with a statute which has not been judicially remedy in this case is not judicial, but political.
declared unconstitutional; and - The exception to this rule occurs when the complaining individual suffers a
(19) Freedom of access to the courts. particular or special injury on account of the public officer’s improper
performance or non-performance of his public duty.
In any of the cases referred to in this article, whether or not the - Remember that an individual can hold a public officer personally liable for
defendant’s act or omission constitute a criminal offense, the damages that violate constitutional rights, only if it results in a particular
aggrieved party has a right to commence an entirely separate and wrong or injury to the former.
distinct civil action for damages, and for other relief. Such civil action - Cause of action exists if the following elements are present:
o A right in favor of the plaintiff
shall proceed independently of any criminal prosecution (if the latter be
o An obligation on the part of the named defendant to respect or not
instituted), and may be proved by a preponderance of evidence.
to violate such right

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o An act or omission on the part of such defendant, violative of the committed, or the prosecuting attorney refuses or fails to institute
right of the plaintiff or constituting a breach of the obligation of criminal proceedings, the complainant may bring a civil action for
defendant to plaintiff for which the latter may maintain an action damages against the alleged offender. Such civil action shall be
for recovery of damages
supported by preponderance of evidence. Upon the defendant’s
- A separate civil action against an individual’s constitutional rights is
motion, the court may require the plaintiff to file a bond to indemnify
necessary.
the defendant in case the complaint should be found to be malicious.
- Judges are excluded from the provision. They can only be held liable if his
act or omission constitutes a violation of the Penal code or other penal
statute.
If during the pendency of the civil action, an information should be
presented by the prosecuting attorney, the civil action shall be
- Good faith is not a defense because public officials might abuse this right.
suspended until the termination of the criminal proceedings.
Article 33. In cases of defamation, fraud, and physical injuries, a civil
action for damages, entirely separate and distinct from the criminal - Read this provision before you read Articles 29 to 34 so you can understand
it more.
action, may be brought by the injured party. Such civil action shall
proceed independently of the criminal prosecution, and shall require - It is your right to hold civil action. Unahin nalang yung criminal action, then if
kulang or natapos na, saka mo i-file yung civil para may back-up ka. (Again,
only a preponderance of evidence.
sorry if tinagalog ko na)
- The general rule is when a criminal action is instituted, the civil liability
- The terms fraud, defamation, and physical injuries must be understood in
arising from it is deemed constituted.
their ordinary sense.
- The exception (Rule 111 of the Rules of Court), however, is:
- Reckless imprudence resulting to homicide is not punishable under this
o When the offended party waives civil action, reserves his right to
provision, and so is criminal negligence in general.
institute it separately, or institutes the civil action prior to the
- This provision is made to allow the citizen to enforce his rights in a private criminal action
action brought by him. o Articles 32, 33, 34, and 2176 of the Civil Code
- Remember that the law penalizes the act and not the result.
Article 36. Prejudicial questions, which must be decided before any
Article 34. When a member of a city or municipal police force refuses criminal prosecution may be instituted or may proceed, shall be
or fails to render aid or protection to any person in case of danger of governed by the rules of court which the Supreme Court shall
life or property, such peace officer shall be primarily liable for promulgate and which shall not be in conflict with the provisions of
damages, and the city or municipality shall be subsidiarily responsible this Code.
therefor. The civil action herein recognized shall be independent of any
criminal proceedings, and a preponderance of evidence shall suffice to - The general rule is when a civil and criminal case arising from the same
support such action. facts are filed in court the criminal case takes precedence.
- However, the exception is, if there exists a prejudicial question.
- Failure or refusal to do their duty can be a basis for claiming damages § What is a prejudicial question?
against them. Ø It arises in a case
Ø The resolution is the logical antecedent of the
Article 35. When a person, claiming to be injured by a criminal offense, issue involved
charges another with the same, for which no independent civil action is Ø Cognizance of which pertains to another
granted in this Code or any special law, but the justice of the peace tribunal
Ø Always two cases involved:
finds no reasonable grounds to believe that a crime has been


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o Criminal – always suspended penalty, prodigality, family relations, alienage, absence, insolvency and
o Civil – issues are determinative of trusteeship. The consequences of these circumstances are governed
the outcome of the criminal case in this Code, other codes, the Rules of Court, and in special laws.
Ø Two essential elements of a prejudicial
Capacity to act is not limited on account of religious belief or political
question:
o Civil action involves an issue
opinion.
similar or intimately related to the
issue raised in the criminal action; A married woman, twenty-one ears of age or over, is qualified for all
and acts of civil life, except in cases specified by law.
o The resolution of the issue
determines whether or not the - Article 38 restricts capacity to act, while Article 39 enumerates situations,
criminal action may proceed which modifies the capacity to act.
- ABUNADO VS. PEOPLE – There is no prejudicial question since the o The objective of the two provisions is the same. It is to make an
subsequent judicial declaration of the nullity of the first marriage was overview of the situation that qualifies a person’s power to undertake
immaterial because prior to the declaration of nullity, the crime had already acts that produce legal effects.
been consummated. Under the law, a marriage, even one, which is void or
voidable, shall be deemed valid until declared otherwise in a judicial Article 40. Birth determines personality; but the conceived child shall
proceeding. be considered born for all purposes that are favorable to it, provided it
be born later with the conditions specified in the following article.
Article 37. Juridical capacity, which is the fitness to be the subject of
legal relations, is inherent in every natural person and is lost only Article 41. For civil purposes, the foetus is considered born if it is alive
through death. Capacity to act, which is the power to do acts with legal at the time it is completely delivered from the mother’s womb.
effect, is acquired and may be lost. However, if the foetus had an intra-uterine life of less than seven
months, it is not deemed born if it dies within twenty-four hours after
- Acquired upon birth
its complete delivery from the maternal womb.
o An unborn child is already given a provisional personality, which
entitles him to be supported or to receive donation.
- P.D 603, Article 5 or the “Child and Youth Welfare Code” already amend
- Terminated only upon death
article 40. It now states:
- Capacity to act is not inherent it is attached or conferred. o “The civil personality of the child shall commence from the time of his
- Capacity to act can be lost through death and other valid cause provided by conception for all purposes favorable to him, subject to the requirements
law. of Article 41 of the Civil Code.
o Ex. Imprisonment - An unborn child, therefore, has a right even if the child is only literally
in the mother’s womb. Even if it is still unborn, it can already accept
Article 38. Minority, insanity or imbecility, the state of being a deaf- donations, support, etc.
mute, prodigality and civil interdiction are mere restrictions on the - However, the parents cannot ask for damages if the child is already
capacity to act, and do not exempt the incapacitated person from aborted since it didn’t meet the conditions set in either provision. But if
certain obligations, as when the latter arise from his acts or from the parents are really eager to sue for damages, they can in their
property relations, such as easements. (MIDProCi) behalf. They must make sure though that they didn’t consent to the
abortion and that they were “distressed and anguished” by the mere
fact that they were expecting to be parents.
Article 39. The following circumstances, among others, modify or limit
capacity to act: age, insanity, imbecility, the state of being a deaf-mute, - Let it also be reiterated that the birth certificate is the best proof of
birth.

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- The birth certificate is a public document, but even with such status it dead. However, the deceased can disinherit his/her heir/s under any
will remain confidential. Only the following people can request such grounds that is valid under the law.
document:
o The person him/herself Article 43. If there is doubt, as between two or more persons who are
o Spouse, parent or parents, direct descendants, called to succeed each other, as to which of them died first, whoever
guardian, or institution legally in charge of him (if a alleges the death of one prior to the other, shall prove the same; in the
minor) absence of proof, it is presumed that they died at the same time and
o Court or proper public official when it is needed in an
there shall be no transmission of rights from one to the other.
administrative, judicial, or other official proceeding
o In case of the person’s death, the nearest kin
- Applies to people who are called to succeed each other.
- QUIMIGING VS. ICAO – Although not yet born, the law already gives
a conceived child a provisional personality. Thus the baby in this case
- If there is no proof on who died first, the presumption is they died at the
same time.
had the right to claim support, especially since the paternity is clear.
- GELUZ VS. CA – The child has already been aborted, thus its juridical
- Proof of death must be established by clear and positive evidence and not
only by mere inference or presumption.
and civil personality has also ended. Damages can be awarded only if
o Ex. A mother and a son died at the same time during a car crash.
the parents of such aborted child did not consent to the abortion.
However, the wife of the son claimed that the son died last,
- DE JESUS VS. SYQUIA – First, yes, the child can be awarded
resulting to her claiming the “pamana”.
damages since even an unborn child already has a juridical and civil
o Ex. A mother and a son were presumed to have died the same
personality, as long as it is known that such child shall be born.
time during a car crash. However, the wife of the son claimed that
Second, no, the breach of promise to marry is not actionable. One can
the son died last. But it was not proven, and such presumption
only claim damages from such ground if and only if there was already
that they died the same time was upheld.
a wedding preparation and the only thing that lacks is the groom or
bride’s participation.
- DUMALO VS. QUALITY PLASTICS – He had no more civil personality
since he was already dead. His juridical capacity was also lost through
death. However, the testamentary heirs of Oria are not entitled to claim
attorney’s fees since the respondent wasn’t aware of his death.
Article 42. Civil Personality is extinguished by death.
Article 44. The following are juridical persons:
The effect of death upon the rights and obligations of the deceased is
(1) The State and its political subdivisions;
determined by law, by contract, and by will.
(2) Other corporations, institutions and entities for public interest
or purpose, created by law; their personality begins as soon as
- Death puts an end to civil personality.
they have been constituted according to law;
- Remember that the death certificate is also important since it is the best
(3) Corporations, partnerships and associations for private
evidence that such person is already dead.
interest or purpose to which the law grants a juridical
- The Local Civil Registrar must also have all the death certificates of all dead
personality, separate and distinct from that of each
people in their locality.
shareholder, partner or member.
- No person can be buried without a death certificate.
- In case there is an epidemic and if the body needs to be buried ASAP, the
Article 45. Juridical persons mentioned in Nos. 1 and 2 of the
death certificate can be availed not later than five (5) days after the burial.
preceding article are governed by the laws creating or recognizing
- In case of rights and obligations of the dead person, it can still be regulated
by: contract, will, or the law. Creditors are given the right to claim from the them.


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Private corporations are regulated by laws of general application on - Partnerships are governed by the provisions of the Code regarding
the subject. partnership.
- Juridical persons may acquire and possess property of all kinds and incur
Partnerships and associations for private interest or purpose are obligations in conformity with the laws and regulations of their organization.
governed by the provisions of this Code concerning partnerships. - Presumption of regularity – Absence of evidence they performed in
accordance to their duty
Article 46. Juridical persons may acquire and possess property of all
kinds, as well as incur obligations and bring civil or criminal actions, in Article 47. Upon the dissolution of corporations, institutions and other
conformity with the laws and regulations of their organization. entities for public interest or purposed mentioned in No. 2 of Article 44,
their property and other assets shall be disposed of in pursuance of
- A juridical person – A being of legal existence susceptible of rights and law or the charter creating them. If nothing has been specified on this
obligations point, the property and other assets shall be applied to similar
- What are juridical persons? purposes for the benefit of the region, province, city or municipality,
o State – An organized corporate society under a government with which during the existence of the institution derived the principal,
the legal competence to exact obedience of its commands. It can benefits from the same.
enter into treaties and contracts. Also, according to the
Constitution, the State cannot be sued without its consent. But if it - Title IX, Chapter 3 of the Civil Code.
enters in a treaty or levels itself to the rank of an individual, it
impliedly allowed itself to be sued. Article 48. (As now governed by Article IV of the 1987 Constitution) The
o Political subdivisions – Municipal corporations that consist of
following are citizens of the Philippines:
provinces, cities, and municipalities. They can be sued because it
(1) Those who are citizens of the Philippines at the time of the
is granted by their charters, but always remember that they are
not liable for torts committed in the discharge of their adoption of this Constitution;
governmental functions. (2) Those whose fathers and mothers are citizens of the
o Corporation – An artificial being created by operation of law and Philippines;
has the powers and attributes granted to it by the law which (3) Those born before January 17, 1973, of Filipino mothers, who
created it. elect Philippine citizenship upon reaching the age of majority;
o Partnership – 2 or more persons bind themselves to make and
contributions to a common fund with the intention of dividing the
(4) Those who are naturalized in accordance with law
profits among themselves. They are directly liable.
- Veil of corporate fiction – Remember that corporations, partnerships, and
Article 49. Naturalization and the loss and reacquisition of citizenship
associations for private interest and purpose may be granted a separate
and distinct personality from the shareholders or members. However, this of the Philippines are governed by special laws.
veil may be pierced, this making the shareholders and members liable when
the fiction is used to defeat public convenience, justify wrong, protect fraud, Article 50. For the exercise of civil rights and the fulfillment of civil
defend crime, and perpetrate deception. obligations, the domicile of natural persons is the place of their
- The laws that created them will govern the State and other political habitual residence.
subdivisions, other corporations, institutions, and entities for public interest
or purpose. Article 51. When the law creating or recognizing them, or any other
- Private corporations are regulated by the laws of general application on the provision does not fix the domicile or juridical persons, the same shall
subject.

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be understood to be the place where their legal representation is (4) By rendering service to, or accepting commission in, the armed
established or where they exercise their principal functions. forced of a foreign country: Provided, That the rendering of
service to, or acceptance of such commission in, the armed
forces of a foreign country, and the taking of an oath of allegiance
- Domicile – The fixed, permanent residence, a place wherein, although one
incident thereto, with the consent of the Republic of the
may be absent from, one still has the intention of returning and remaining
Philippines, shall not divest a Filipino of his Philippine citizenship
for an unlimited time (animus manendi). There is only one domicile. Place of
if either of the following circumstances is present:
legal representation.
a. The RP has a defensive and/or offensive pact of
o A minor follows the domicile of his or her parents.
alliance with the said foreign country; or
- How to change your domicile?
b. The said foreign country maintains armed forces on
o An actual removal or an actual change of domicile
Philippine territory with the consent of the RP: Provided,
o A bona fide intention of abandoning the former domicile and
That the Filipino citizen concerned, at the time of
establishing a new one
rendering said service, or acceptance of said
o Act, which correspond with the purpose – physical presence,
commission, and taking the oath of allegiance incident
moving of the family, register as a voter, having kids study in that
thereto, states that he does so only in connection with
area, etc.
his service to said foreign country: And provided, finally,
- Residence – Indicates a place of abode whether permanent or temporary, That any Filipino citizen who is rendering service to, or
not necessarily the domicile. There may be more than one residence. is commissioned in, the armed forces of a foreign
- Domicile and residence can never be interchanged in cases provided in the country under any of the circumstances mentioned in
Civil Code. However never confuse this with Political law, as it can be used paragraph (a) or (b), shall not be permitted to
interchangeably there. This is manifested in the case of Romualdez-Marcos participate nor vote in any election of the RP during the
vs. COMELEC. period of his service to, or commission in, the armed
- Jus Sanguinis – Citizenship by blood. This is what we follow in the forces of the said foreign country. Upon discharge from
Philippines. the service of the said foreign country, he shall be
- Jus Soli – Citizenship by place of birth. automatically entitled to the full enjoyment of his civil
o This is why there is “dual citizenship”. The US is a country, which and political rights as Filipino citizen;
follows the concept of Jus Soli, thus the child will be American by (5) By cancellation of the certificate of naturalization;
place of birth. But if both the child’s parents are Filipinos, the (6) By having been declared by competent authority a deserter of the
child, according to the nationality rule and the concept of Jus Philippine Armed Forces in the time of war, unless subsequently,
Sanguinis, will also be a Filipino citizen. a plenary pardon or amnesty has been granted;
(7) In the case of a woman, upon her marriage to a foreigner if, by
- Animus manendi – Latin term which means “the intention of remaining”.
virtue of the laws in force in her husband’s country, she acquires
- Animus revertendi – Latin phrase that means “with intention to return”. his nationality.
- R.A. No. 106 or “An act providing for the ways in which Philippine - The grounds for reacquisition of citizenship are as follows:
citizenship may be lost or reacquired” is the law that governs the loss or (1) By naturalization
reacquisition of citizenship: (2) Repatriation of deserters of the AFP and a woman who has lost
(1) By naturalization in a foreign country; her citizenship by reason of marriage to a foreigner
(2) By express renunciation of citizenship; (3) By direct act of Congress
(3) By subscribing to an oath of allegiance to support the constitution
- Principle of reciprocity - In international relations and treaties, the
or laws of a foreign country upon attaining twenty-one years of
principle of reciprocity states that favors, benefits, or penalties that are
age or more: Provided, however, that a Filipino may not divest
granted by one state to the citizens or legal entities of another, should be
himself of Philippine citizenship in any manner while the Republic
returned in kind.
of the Philippines is at war with any country;


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- MO YA LIM YAO VS COI – Lau Yuen Yeung was allowed to become a except that marriage settlements may fix the property relations during
Filipino citizen by virtue of her marriage to Mo Ya Lim Yao. Under Sec 15 of the marriage within the limits provided by this Code.
the Commonwealth Act 473, an alien woman marrying a Filipino becomes
ipso facto a Filipina provided she is not disqualified under the same law. - Article II, Section 12 of the 1987 Constitution – The State recognizes the
- FRIVALDO VS COMELEC – His repatriation was legal and valid because of sanctity of family life and shall protect and strengthen the family as a basic
the curative nature of Presidential Decree 725. autonomous social institution. It shall equally protect the life of the mother
- UY TENG SU VS RP – His request for naturalization was denied due to the and the life of the unborn from conception. The natural and primary right
fact that he seemed like he wasn’t serious in attaining his Filipino and duty of parents in the rearing of the youth for civic efficiency and the
citizenship. During the pendency of the application, he left for the United development of moral character shall receive the support of the
States and even asked the Court to postpone his hearing, which was Government.
contradictory to what he has sworn that he will “continuously” reside in the - Marriage is a basic civil right, fundamental to our existence and survival.
Philippines. - It may be a civil contract, but unlike any other contracts marriage cannot be
- ROMUALDEZ-MARCOS VS COMELEC – Imelda Romualdez-Marcos modified or restricted, and can only be between a man and a woman.
made it clear that her domicile was Tacloban city since she keeps going - The State is also a third party in the marriage.
back to celebrate her milestones in life there; birthday celebrations,
- Mail-order brides and trafficking in women are not allowed under the laws of
reunions, etc. It was also clarified in this case that domicile and residence
the Philippines, specifically in Republic Act No. 6955, and Republic Act No.
can never be interchanged in Civil Law cases, but can be interchanged in
9208.
Political Law cases.
- Although it may be quite questionable now that we have the VAWC or
- POE VS COMELEC – Grace Poe-Llamanzares showed sincere intent to
Republic Act No. 9262, the marriage between a rapist and a rape victim will
remain, her animus manendi, in the Philippines as showed by her acts in
extinguish the criminal action or the penalty imposed for rape. Also, if a
making all her kids study in the Philippines, by buying a lot in Corinthian
husband rapes a wife, subsequent forgiveness will clear the husband of
Hills and eventually having a house there, by leaving her job in the US, by
criminal liability.
repatriating, and everything else that clearly constituted her intent to stay in
the Philippines for good.
- Marriage also creates a status, or a “double status” so to speak, since there
are already two persons but one obligation. The couple is expected to
assume new relations to each other.
- The right to marry is a recognized fundamental human right under
THE FAMILY CODE OF THE PHILIPPINES international law. It is stated that men and women of full age, without any
limitation due to race, nationality, or religion have the right to marry and
“found a family”.
- Otherwise known as Executive Order No. 209
o Signed into law on July 6, 1987 - The Constitution also protects marriage as the “Filipino family is the
o Took effect on August 3, 1988 foundation of the nation”.
- Title X of the Family Code, or the Emancipation and Age of Majority was - Marriage can be made a statutory basis for limiting one’s capacity to act or
amended by R.A. No. 6809 for affecting one’s right to acquire property (like what Atty. Yamamoto
o Passed on October 20, 2989 always says, the presumption of the validity of marriage is important since
o Took effect on December 18, 1989 there are a lot of rights that string out from it).
- Any modification in the property relations of a couple after the solemnization
Article 1. Marriage is a special contract of permanent union between a of the marriage is void. Effectivity of the property relation happens on the
man and a woman entered into in accordance with the law for the precise moment of the celebration of the marriage.
o However, if your marriage is void ab initio, your property relation
establishment of conjugal and family life. It is the foundation of the
will also cease to exist since there is no marriage to begin with.
family and an inviolable social institution whose nature, consequences,
and incidents are governed by law and not subject to stipulation,

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- The law effective during the time of the solemnization determines the their personal declaration that they take each other as
validity of the marriage. husband and wife in the presence of not less than two
- STAR PAPER VS. SIMBOL – In the case at bar, respondents were hired witnesses of legal age.
after they were found fit for the job, but were asked to resign after they
married a co-employee. Star Paper wasn’t able to clarify how a marriage Article 4. The absence of any of the essential or formal requisites shall
between co-workers would be detrimental to their company, but they only render the marriage void ab initio, except as stated in Article 35(2).
explained that it is due to the fear that employees married to each other will
be less efficient. The Court ruled that the questioned policy is an invalid
exercise of management prerogative.
A defect in any of the essential requisites shall render the marriage
voidable as provided in Article 45.
- PT&T VS. NLRC – PT&T’s policy runs afoul of the right against
discrimination. The record discloses clearly that their ties with the company
were dissolved principally because of the company’s policy that married An irregularity in the formal requisites shall not affect the validity of the
women aren’t qualified for employment in their company, and not merely marriage but the party or parties responsible for the irregularity shall
because of the dishonesty. It also deprives a woman from the freedom to be civilly, criminally, and administratively liable.
choose her status.
- ESTRADA VS. ESCRITURA – Such conjugal arrangement cannot be Article 5. Any male or female of the age of eighteen years or upwards
penalized for there is a case for exemption from the law based on the not under any of the impediments mentioned in Articles 37 and 38, may
fundamental right to freedom of religion. In the area of religious exercise as
contract marriage.
a preferred freedom, man stands accountable to an authority higher than
the State.
Article 6. No prescribed form or religious rite for the solemnization of
- GOITA VS. CAMPOS-RUEDA – It doesn’t mean she is not physically in
the marriage is required. It shall be necessary, however, for the
their conjugal domicile; her husband doesn’t have any more obligations with
here. The mere fact she was forced to leave their home due to his physical contracting parties to appear personally before the solemnizing officer
assaults, the more reason he should give her support—even outside their and declare in the presence of not less than two witnesses of legal age
home. When the object of marriage is defeated by rendering its continuance that they take each other as husband and wife. This declaration shall
intolerable to one of the parties and productive of no possible good in the be contained in the marriage certificate which shall be signed by the
community, relief should be obtainable. contracting parties and their witnesses and attested by the solemnizing
officer.
Article 2. No marriage shall be valid, unless these essential requisites
are present: In case of a marriage in articulo mortis, when the party at the point of
(1) Legal capacity of the contracting parties who must be male death is unable to sign the marriage certificate, it shall be sufficient for
and female; and one of the witnesses to the marriage to write the name of said party,
(2) Consent freely given in the presence of the solemnizing which fact shall be attested by the solemnizing officer.
officer.
- It is clearly stated in Article 1 that marriage is between a man and a woman;
Article 3. The formal requisites of marriage are: hence this union is founded on the distinction of sex. Although sex change
(1) Authority of the solemnizing officer; may have become easily available, the Supreme Court held that once
(2) A valid marriage license except in the cases provided for in someone has gone under the knife to modify their gender, his or her gender
Chapter 2 of this Title; and would remain as is in the eyes of the Philippine law.
(3) A marriage ceremony which takes place with the appearance - Consent must be:
of the contracting parties before the solemnizing officer and o Freely given – parties must be willing to get married


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o Must be made in the presence of the solemnizing officer of the contracting parties in front of a solemnizing officer is the one that is
- Parents aren’t allowed to force their children to marry someone they don’t important.
like. - The witness is just there to prove that there was an exchange of vows, and
- As stated in Article 4, the absence of any of the essential or formal requisite basically, that there was a marriage.
will render a marriage void. Thus, having no consent, or consent gained - Common-law marriages are not recognized in the Philippines.
through fraud, intimidation, force, or undue influence will make a marriage o “Spouses” – exclusively for couples who are legally and validly
void ab initio. married.
- Doctrine of putative marriage – - Proxy marriages are definitely not allowed in the Philippines.
o Defense of good faith (1) It renders an absence of consent
o Renders marriage valid through good faith (2) The other contracting party cannot personally declare in front of the
o Good faith can only be availed as a defense with the authority of solemnizing officer that they take each other as husband and wife
the solemnizing officer and nothing else. If used in other - 14 irregularities which do not affect the validity of a marriage:
requisites of marriage, either formal or essential, it will be (1) Absence of two witnesses of legal age;
rendered void and an ignorance of the law. (2) Absence of marriage certificate;
- Under the new Local Government Code, which took effect on January 1, (3) Marriage solemnized in a place other than publicly in the chambers of
1992, a mayor can now solemnize marriages. the judge or in open court, church, chapel, or temple, or in the office of
- Never forget that the solemnizing officer only needs to know if a competent the consul-general, consul, or vice-consul;
official issued the marriage license, and that’s it. (4) Issuance of marriage license in city or municipality not the residence of
- Criminal penalties are imposable against a person who solemnizes a either of the contracting parties;
marriage without authority and to those that advertise that they can (5) Unsworn application for a marriage license;
solemnize marriages. (6) Failure of the contracting parties to present original birth certificate or
baptismal certificate to the local civil registrar who likewise failed to ask
- The local civil registrar of the place where the marriage application was filed
for the same;
must issue a valid marriage license.
(7) Failure of the contracting parties between the ages of 18 and 21 to
- The marriage license can only be availed within 120. Do not convert 120 exhibit consent of parents or persons having legal charge of them to
days into months to avoid confusion. It is also effective in any part of the the local civil registrar;
Philippines. Such license cannot be used abroad. (8) Failure of the contracting parties between the ages of 21 to 25 to
- You can get your marriage license in Muntinlupa and get married in Cavite; exhibit advice of parents to local civil registrar;
your marriage license will still be valid. (9) Failure to undergo marriage counseling;
- If your name gets misspelled, your marriage license will still be valid. (10) Failure of the local civil registrar to post the required notices;
- If one of the contracting parties fails to disclose a previous marriage, (11) Issuance of marriage license despite absence of publication or prior to
divorce, falsely stated that s/he had not been previously married, the completion of the 10-day period for publication;
misrepresented his or her residence, or forged consent, it will be rendered (12) Failure of the contracting parties to pay the prescribed fees for the
as a nullity. marriage license;
(13) Failure of the person solemnizing the marriage to send copies of the
- The Code doesn’t prescribe any form of marriage. As long as they have at
marriage certificate to the local civil registrar; and
least two witnesses of legal age, and a declaration in the presence of the
(14) Failure of the local civil registrar to enter the applications for marriage
solemnizing officer, then it is enough.
licenses filed with him in the registry book in order in which they were
o The declaration can be through writing or orally.
received.
o Failure of the solemnizing officer to ask, “do you take Basha as
your wife, do you take Popoy as your husband” is okay, as long - The breach of promise to marry is not an actionable wrong. However, once
as the parties have signed the marriage contract. there was already a planning—or as long as may pera nang nagastos, liable
na siya for Articles 19, 20, 21 of the Civil Code (see: Baksh vs. CA).
- Absence of two witnesses of legal age is merely an irregularity since it is
justified that there was still a ceremony that was performed. The agreement

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- EUGENIO VS. VELEZ – The Vargas siblings were right. Article 294 states (2) Any priest, rabbi, imam, or minister of any church or religious
that if the deceased doesn’t have a spouse, ascendants, or descendants, sect duly authorized by his church or religious sect and
and the siblings were preferred. Also, added the fact that Eugenio is still registered with the civil registrar general, acting within the
legally married to another woman and is just the live-in partner of the limits of the written authority granted him by his church or
deceased. Philippine law does not recognize common-law marriages. Also,
religious sect and provided that at least one of the contracting
the term “spouse” is exclusive only to lawfully wedded couples. Thus, the
parties belongs to the solemnizing officer’s church or religious
custody of the body was correctly awarded to the siblings.
sect;
- ZULUETA VS. CA – The intimacies between husband and wife doesn’t
justify anyone of them in breaking property for any evidence of marital
(3) Any ship captain or airplane chief only in cases mentioned in
infidelity. A person, by contracting marriage, doesn’t shed his or her integrity Article 31;
or right to privacy. (4) Any military commander of a unit to which a chaplain is
- COSCA VS. PALAYPAYON, JR. – If the parties really didn’t have a assigned, in the absence of the latter, during a military
marriage license and the judge required to apply such after they were operation, likewise only in the cases mentioned in Article 32;
solemnized, the marriage is void. and
- WASSMER VS. VELEZ – Generally speaking, a breach of promise to marry (5) Any consul-general, consul or vice-consul in the case
is not actionable. However, in this case, it was not plainly a case of mere provided in Article 10.
breach of promise to marry. They were able to formally set a wedding and
they have gone through a lot of preparation already. He doesn’t have a right - All Filipinos must know who can solemnize.
to walk out when it is already about to be solemnized. This is contrary to
- The law intentionally limited the people who can solemnize a marriage.
good customs, for which defendant must be held answerable in damages in
accordance with Article 21 of the Civil Code. - Under the new Local Government Code, which took effect on January 1,
1992, a mayor can now validly solemnize a wedding.
- REPUBLIC VS. CAGANDAHAN – The respondent’s body system naturally
produces high levels of male hormones. As a result Jennifer has an - Article 7 defines, limits, and scopes the authority granteed to solemnizers.
ambiguous genitalia and even has male features. There is preponderant - Judges can only solemnize within their court’s jurisdiction. Also, they must
biological support for considering him male. Added to that, Cagandahan be judges during the time of the marriage. Retired judges cannot solemnize
didn’t take any unnatural steps to arrest or interfere with what he was born weddings.
with. - Jurisdiction of RTC judges – regional
- SILVERIO VS. REPUBLIC – Petitioner wanted to change his sex due to the - Jurisdiction of the Court of Tax Appeals, Sandiganbayan, the Court of
sex reassignment he availed. However, even though he already Appeals, and the Supreme Court – national
transformed, a change in name cannot alter one’s legal capacity or civil o Ex. If X requested Justice Carpio to marry him and his future wife
status. But regarding Silverio’s sex change, there is no reasonable in Balesin, it is okay. But if X requested Judge Wagan to marry
interpretation of the provision that can justify such. The local civil registrar him and his future wife in Balesin, it is not okay.
can only correct and not change vital details in a birth certificate. No - If a Judge marries outside of his jurisdiction it makes the marriage null and
correction is necessary since a person’s sex is an essential factor in void, and such solemnizer will be held accountable.
marriage and family relations. It is part of a person’s legal capacity and civil
- Navarro vs. Domagtoy is not the controlling doctrine.
status. For these reasons, while petitioner may have succeeded in altering
his body and appearance through science, no law authorizes the change of
- A Judge cannot collect fees as it simply cheapens the profession.
entry as to sex in the civil registry. - For a priest, rabbi, imam, or minister of any church or religious sect to be
able to validly solemnize, the following requisites must concur:
Article 7. Marriage may be solemnized by: (1) Must be duly authorized by his or her church or religious sect;
(2) Must act within the limits of the written authority granted to him or
(1) Any incumbent member of the judiciary within the court’s
her by the church or religious sect;
jurisdiction;


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(3) Must be registered with the civil registrar general; and o Ex. Admiral A is the best friend of Commodore B.
(4) At least one of the contracting parties whose marriage he or she is They have been partners-in-crime since they were
to solemnize belongs to his or her church or religious sect Ensigns in the Navy. Admiral A heard of Commodore
o Ex. X and Y requested Father U to solemnize their wedding in B’s engagement to Captain C, and volunteered
Batanes. X is a Born Again Christian and Y is a Muslim. Is their himself to be the solemnizer of their wedding. The
marriage valid? NO wedding was planned, and both Commodore B and
o Ex. A and B requested Y to solemnize their wedding. Y is an Captain C were informed about it. The marriage was
Imam, and both A and B are Muslims. Is their marriage valid? solemnized; Commodore B and Captain C
YES exchanged vows, and are subsequently “man and
- The authority granted to a priest may impose the limitation as to the place woman” (char). Is their marriage valid? NO.
where he could solemnize a wedding. - The general rule is a consul-general, consul, or vice consul can solemnize
- For a ship captain or an airplane chief to be able to validly solemnize a a marriage abroad only when both parties are Filipinos. However, the
marriage, the following requisites must concur: exception is if the marriage between the foreigner and the Filipino
(1) The marriage must be in articulo mortis (one of the parties is at the solemnized by a Philippine consul is recognized as valid in the host country,
point of death, and survival doesn’t necessarily means it is void, then such marriage shall be considered valid.
marriage will still subsist). - Philippine laws shall be observed.
(2) The marriage must be between passengers or crew members; and - The consul-general, consul, and vice-consul will take the responsibility of
(3) Generally, the ship must be at sea or the plane must be in flight, but both the solemnizing officer and local civil registrar.
if the ship or plane is naka stopover and/or “ports of call”, okay parin - If they want to marry outside of the office of the consul-general, consul, and
kasi hindi pa naman terminated yung byahe (yes so conyo). vice-consul, they have to request in writing in a sworn statement.
o Ex. Captain X gave Assistant Captain Y the Captaincy during o Ex. Maria and Joe have been together for a month since Maria
the time their airplane crashed in Batanes. Captain X’s moved to New York. Maria asked Joe if it was okay to get
girlfriend Z, who is seriously injured and is catching her breath, married. Maria suggested that maybe it would be cheaper if a
asked newly appointed Captain Y to solemnize their wedding. consul-general solemnize their marriage. Being broke, but
Captain Y agreed to it. Thus former Captain X and his now-wife handsome, Joe obliged. After the marriage was solemnized,
Z are married. Subsequently, Z survived. Is their marriage Maria suddenly researched that it is void to marry a foreigner in a
valid? NO. According to Article 7, paragraph 3 only ship Philippine Consul if the host country doesn’t allow it. Joe argued
Captains are allowed to marry in articulo mortis. But Assistant that Americans are friendly people, and they don’t really mind. Is
Captain Y is already Captain when he did. NO PARIN. There is the marriage valid? NO.
no law allowing an assumption of authority for the simple o Let’s change the facts: After the marriage was solemnized, Maria
purpose of solemnizing a marriage. suddenly researched that the US recognizes marriages
- For a military commander to be able to validly solemnize a marriage, the solemnized by Philippine consuls. Maria told Joe. Joe smiled and
following requisites must concur: pointed out that Americans are really friendly people. Is the
(1) S/he must be a military commander of a unit; marriage valid? YES.
(2) S/he must be a commissioned officer; - The consul-general, consul, vice-consul has no power in the Philippines.
(3) A chaplain must be assigned to such unit; Their power is strictly limited to their offices abroad.
(4) The said chaplain must be absent at the time of the marriage;
- The mayor can now solemnize marriages since the Local Government Code
(5) The marriage must be one in articulo mortis; and
became effective in January 1, 1992.
(6) The contracting parties, whether members of the armed forces or
civilians, must be within the zone of military operation. If the - When the mayor is incapacitated to perform his duties, the vice-mayor or
chaplain is present, he must be the one who should solemnize the the highest-ranking sangguniang bayan member shall automatically
marriage. If the chaplain cannot comply, then it is as if he is exercise the powers and perform the duties. However, such power can only
absent. In which case, the officer can solemnize. be exercised if the period of incapacity exceeds 30 days.

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o Ex. Popoy and Basha are both huge fans of Erap. When they - Articulo mortis & remote areas – exempted
learned that mayors could now solemnize weddings, they asked
Erap’s EA if the former President could marry them. Erap was still Article 9. A marriage license shall be issued by the local civil registrar
running for mayor against Fred Lim when they asked him, but
of the city or municipality where either contracting party habitually
both Popoy and Basha didn’t mind since they have good faith that
resides, except in marriages where no license is required in
Erap is already their mayor. Is the marriage valid? NO.
accordance with Chapter 2 of this Title.
- Doctrine of putative marriage – “good faith”. The defense of good faith
can only be used when either of the contracting parties believes that their
solemnizing officer had authority to marry them. Good faith cannot be used - Venue and jurisdiction is not the same.
in other formal or essential requisites of marriage. - A marriage license can be availed in either of the couple’s municipality, but
o Ex. When X and Y was questioned regarding the validity of their if they got it somewhere, it’s only an irregularity. Marriage will still be valid.
marriage license, Y averred that the both of them had good faith - Republic Act 10354 – The Responsible Parenthood and Reproductive
that their marriage license was valid. Is this possible? NO. Health Act of 2012
o Ex. According to X’s doctor, he only has a week left to live. Y, o An important requisite to be able to validly obtain a marriage
panicked and asked her uncle, Father U, to marry them ASAP. license.
Father U apparently forgot to renew his license, but since he even
forgets to wear his pustiso, he happily obliged. After 3 years, X Article 10. Marriages between Filipino citizens abroad may be
survived and Father U cried, as he believed it was the miracle of solemnized by a consul-general, consul, or vice-consul of the Republic
God. Is the married valid? YES. X and Y didn’t know Father U of the Philippines. The issuance of the marriage license and the duties
wasn’t able to renew his license.
of the local civil registrar and of the solemnizing officer with regard to
- NAVARRO VS. DOMAGTOY – Only a Justice of the Supreme Court has
the celebration of marriage shall be performed by said consular official.
the jurisdiction to avail such power. It can only be held outside the Judge’s
chamber when: (1) point of death, (2) remote area; or (3) both parties wrote
a sworn statement to this effect. Although the woman wrote him a - The consul-general, consul, and vice-consul will take in the job of both the
statement, the man did not. local civil registrar and the solemnizing officer.

- ARANAS VS. OCCIANO – The respondent in this case violated both the - Philippine laws shall apply.
jurisdiction and the marriage license requisite. Judge Occiano, also, wasn’t
authorized to solemnize the marriage. Article 11. Where a marriage license is required, each of the
contracting parties shall file separately a sworn application for such
Article 8. The marriage shall be solemnized publicly in the chambers of license with the proper local civil registrar which shall specify the
the judge or in open court, in the church, chapel or temple, or in the following:
office of the consul-general, consul, or vice-consul, as the case may (1) Full name of the contracting parties;
be, and not elsewhere, except in the cases of marriages contracted at (2) Place of birth;
the point of death or in remote places in accordance with Article 29 of (3) Age and date of birth;
this Code, or where both of the parties request the solemnizing officer (4) Civil status;
at a house or place designated by them in a sworn statement to that (5) If previously married, how, when and where the previous
effect. marriage was dissolved or annulled;
(6) Present residence and citizenship;
- Article 8 is only directory and its non-observance will not invalidate a (7) Degree of relationship of the contracting parties;
marriage, but those who contracted such violation shall be held civilly, (8) Full name, residence and citizenship of the father;
criminally, and administratively liable. (9) Full name, residence and citizenship of the mother; and


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(10) Full name, residence and citizenship of the guardian or person The presentation of the birth or baptismal certificate shall not be
having charge, in case the contracting parties has neither required if the parents of the contracting parties appear personally
father nor mother and is under the age of twenty-one years. before the local civil registrar concerned and swear to the correctness
of the lawful age of said parties, as stated in the application, or when
The applicants, their parents or guardians shall not be required to the local civil registrar shall, by merely looking at the applicants upon
exhibit their residence certificate in any formality in connection with their personally appearing before him, be convinced that either or both
the securing of the marriage license. of them have the required age.

- Proof of existence. Article 13. In case either of the contracting parties has been previously
- Make marriages stable and secure. married, the applicant shall be required to furnish, instead of the birth
or baptismal certificate required in the last preceding article, the death
Article 12. The local civil registrar, upon receiving such application, certificate of the deceased spouse or the judicial decree of the absolute
shall require the presentation of the original birth certificates or, in divorce, or the judicial decree of annulment or declaration of nullity of
default thereof, the baptismal certificates of the contracting parties or his or her previous marriage. In case the death certificate cannot be
copies of such document dully attested by the persons having custody secured, the party shall make an affidavit setting forth this
of the original. These certificates or certified copies of the documents circumstance and his or her actual status and the name and date of
required by this article need not be sworn to and shall be exempt from death of the deceased spouse.
the documentary stamp tax. The signature and official title of the
person issuing the certificate shall be sufficient proof of its Article 14. In case either or both of the contracting parties, not having
authenticity. been emancipated by a previous marriage, are between the ages of
eighteen and twenty-one, they shall, in addition to the requirements of
If either of the contracting parties is unable to produce his birth or the preceding articles, exhibit to the local civil registrar, the consent to
baptismal certificate or a certified copy of either because of the their marriage of their father, mother, surviving parent or guardian, or
destruction or loss of the original, or if it is shown by an affidavit of persons having legal charge of them, in the order mentioned. Such
such party or of any other person that such birth or baptismal consent shall be manifested in writing by the interested party who
certificate has not yet been received though the same has been personally appears before the proper local civil registrar, or in the form
required of the person having custody thereof at least 15 days prior to of an affidavit made in the presence of two witnesses and attested
the date of the application, such party may furnish in lieu thereof his before any official authorized by law to administer oaths. The personal
current residence certificate or an instrument drawn up and sworn to manifestation shall be recorded in both applications for marriage
before the local civil registrar concerned or any public official license, and the affidavit, if one is executed instead, shall be attached
authorized to administer oaths. Such instrument shall contain the to the same application.
sworn declaration of two witnesses of lawful age, setting forth the full
name, residence and citizenship of such contracting party and of his or - Republic Act No. 6809 removes the emancipation under the family code
her parents, if known, and the place and date of birth of such party. The since emancipation is automatically attained when a child reaches the age
nearest kin of the contracting parties shall be preferred as witnesses, of 18.
or, in their default, persons of goof reputation in the province or the - Parental consent – ages 18 to 21
locality. - Parental advise – ages 21 to 25
- Absence in parental consent – defect; voidable or annullable

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- Preferred person to give consent – father, but if the father is not available, the local civil registrar located in a conspicuous place within the
mother, surviving parent or guardian, or persons having legal charge (in that building and accessible to the general public. This notice shall request
manner) all persons having knowledge of any impediment to the marriage to
- With parental consent, but below 18 years old – void advise the local civil registrar thereof. The marriage license shall be
issued after the completion of the period of publication.
Article 15. Any contracting party between the ages of twenty-one and
twenty-five shall be obliged to ask their parents or guardian for advice - This is to make sure that the contracting parties have no legal impediment
upon the intended marriage. If they do not obtain such advice, or if it so that their marriage will be completely valid.
be unfavorable, the marriage license shall not be issued till after three - However, if the local civil registrar issues a marriage license during the time
months following the completion of the publication of the application it is prohibited, it will only be an irregularity.
therefor. A sworn statement by the contracting parties to the effect that
such advice has been sought, together with the written advice given, if Article 18. In case of any impediment known to the local civil registrar
any, shall be attached to the application for marriage license. Should or brought to his attention, he shall note down the particulars thereof
the parents or guardian refuse to give any advise, this fact shall be and his findings thereon in the application for a marriage license, but
stated in the sworn statement. shall nonetheless issue said license after the completion of the period
of publication, unless ordered otherwise by a competent court at his
Article 16. In the cases where parental consent or parental advise is own instance or that of any interested party. No filing fee shall be
needed, the party or parties concerned shall, in addition to the charged for the petition nor a corresponding bond required for the
requirements of the preceding articles, attach a certificate issued by a issuance of the order.
priest, imam or minister authorized to solemnize marriage under Article
7 of this Code or a marriage counselor duly accredited by the proper Article 19. The local civil registrar shall require the payment of the fees
government agency to the effect that the contracting parties have prescribed by law or regulations before the issuance of the marriage
undergone marriage license for a period of three months from the license. No other sum shall be collected in the nature of a fee or a tax
completion of the publication of the application. Issuance of the of any kind for the issuance of said license. It shall, however, be issued
marriage license within the prohibited period shall subject the issuing free of charge to indigent parties, that is, those who have no visible
officer to administrative sanctions but shall not affect the validity of the means of income or whose income is insufficient for their subsistence,
marriage. a fact established by their affidavit, or by their oath before the local
civil registrar.
Should only one of the contracting parties need parental consent or
parental advise, the other party must be present at the counseling - The law allows the local civil registrar to investigate, but only court
referred to in the preceding paragraph. intervention directing the non-issuance of the marriage license can
empower the local civil registrar to validly refuse to issue said license. This
is to eliminate extortions and possible graft.
- Parental advise – in keeping with the Filipino tradition of pamamanhikan
- The court action may be brought by the local civil registrar or by any
- Non-procurement – will not affect the marriage
interested party:
o Parents
Article 17. The local civil registrar shall prepare a notice which shall o Brothers
contain the full names and residences of the applicants for a marriage o Sisters
license and other data given in the applications. The notice shall be o Existing spouse
posted for 10 consecutive days on a bulletin board outside the office of o Or anyone who may be prejudiced by such wedding


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- Injunction order from the court doesn’t affect the validity of the marriage. It is - If a foreigner wants their country’s consul-general, consul, or vice-consul,
simply considered an irregularity. they can get married without a marriage license cause their country’s laws
will be in effect, not the PH’s.
Article 20. The license shall be valid in any part of the Philippines for a
period of one hundred twenty days from the date of issue, and shall be Article 22. The marriage certificate, in which the parties shall declare
deemed automatically cancelled at the expiration of said period if the that they take each other as husband and wife, shall also state:
contracting parties have no made use of it. The expiry date shall be (1) The full name, sex and age of each contracting party;
stamped in bold characters at the face of every license issued. (2) Their citizenship, religion and habitual residence;
(3) The date and precise time of the celebration of the marriage;
- 120 days should never be converted into months to avoid confusion. (4) That the proper marriage license has been issued according to
- If the license is not claimed or used within 120 days, it shall automatically law, except in marriage provided for in Chapter 2 of this Title;
become ineffective. (5) That either or both of the contracting parties have secured the
- Valid only in the Philippines, thus cannot be used abroad. parental consent in appropriate cases;
(6) That either or both of the contracting parties have complied
Article 21. When either or both of the contracting parties are citizens of with the legal requirement regarding parental advice in
a foreign country, it shall be necessary for them before a marriage appropriate cases; and
license can be obtained, to submit a certificate of legal capacity to (7) That the parties have entered into a marriage settlement, if
contract marriage, issued by their respective diplomatic or consular any, attaching a copy thereof.
officials.
Article 23. It shall be the duty of the person solemnizing the marriage to
Stateless persons or refugees from other countries shall, in lieu of the furnish either of the contracting parties the original of the marriage
certificate of legal capacity herein required, submit an affidavit stating certificate referred to in Article 6 and to send the duplicate and
the circumstances showing such capacity to contract a marriage. triplicate copies of the certificate not later than fifteen days after the
marriage, to the local civil registrar of the place where the marriage
- A refugee can ask documents from the UN. was solemnized. Proper receipt shall be issued by the local civil
- We are a signatory party on the Stateless convention, thus we are obliged registrar to the solemnizing officer transmitting copies of the marriage
to give opportunity for them to get married. certificate. The solemnizing officer shall retain in his file the
- Citizens of a foreign country may contract marriage in the Philippines. quadruplicate copy of the marriage certificate, the original of the
- If both parties are foreigners and they want any of the authorized marriage license and, in proper cases, the affidavit of the contracting
solemnizers in Article 7 to marry them, they also need to secure a marriage party regarding the solemnization of the marriage in a place other than
license. those mentioned in Article 8.
- Here is the one requisite for foreigners to validly acquire a marriage license
in the PH: - The best evidence of a marriage is the marriage contract or certificate.
o Certificate of legal capacity – the PH will adhere to the national
laws of their country, but without this certification the local civil
- As long as the local civil registrar certified it as an authentic copy, it is
admissible as evidence. A mere photocopy is useless.
registrar cannot give them a marriage license.
- If the marriage was celebrated without the certificate of legal capacity, it will
- Marriage is important for legitimacy of children, claims, support, wills, etc.
just be an irregularity and such marriage will still be valid. - The exchange of vows is credible evidence that a marriage happened.
- Stateless persons or refugees are required to file an affidavit showing their - SEMPER PRESUMITUR PRO MATRIMONIO – “Always presume marriage”
capacity to contract a marriage. - Other means of evidence:

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o Baptismal certificate except those prohibited under Articles 35(1), (4), (5), and (6), 36, 37 and
o Birth certificate 38.
o Judicial decisions
o Family bible
Where a marriage between a Filipino citizen and a foreigner is validly
o Proposal to marry
celebrated and a divorce is thereafter validly obtained abroad by the
- A marriage certificate made many years after the marriage is inadmissible.
alien spouse capacitating him or her to remarry, the Filipino spouse
- Cohabitation is not a direct proof of marriage.
shall likewise have capacity to remarry under Philippine law. (As
amended by EO 227, July 12, 2987)
Article 24. It shall be the duty of the local civil registrar to prepare the
documents required by this Title, and to administer oaths to all
- PRINCIPLE OF LEX LOCI CELEBRATIONIS = INTERNATIONAL
interested parties without any charge in both cases. The documents
COMITY
and affidavits filed in connection with applications for marriage
- Article 3 of the Civil Code is not binding to foreigners.
licenses shall be exempt from documentary stamp tax.
- What is international comity?
o It is when a marriage is valid here; it will also be valid abroad and
Article 25. The local civil registrar concerned shall enter all vice versa. If it is not valid abroad, then it is also not valid here
applications for marriage licenses filed with him in a registry book and vice versa.
strictly in the order in which the same are received. He shall record in - According to Atty. Yamamoto, regarding the issue in page 170, as long as
said book the names of the applicants, the date on which the marriage yung isa invalid na, kahit foreigner yung asawa, bawal parin.
license was issued, and such other data as may be necessary. - Bigamous or polygamous marriages are not allowed in the PH. So even if it
is allowed abroad, it will be rendered invalid here.
- It is the duty of the local civil registrar to keep all official documents. - Mistake in identity, also even if valid abroad, is not valid here in the PH.
- LIM TAN HU VS. RAMOLETE – It was established that the petitioner was - If a spouse failed to record a judicial decree with the local civil registrar after
just a common-law wife. The Philippines does not recognize common-law annulment, any subsequent marriage shall be void. Even if the marriage is
marriages. Article 26 specifically provides that the word “solemnized”, which planned to be contracted abroad, such marriage will also be invalid.
(according to the framers) only mean marriage legally contracted by - Psychological incapacity is void ab initio kahit saan parte ka pa ng mundo
authorized solemnizers. Thus, the petitioner has no right. magpakasal.
- VDA. CHUA VS. CA – The petitioner has no standing since she wasn’t able - Common-law marriages are not recognized in the Philippines. The term
to prove her status as the surviving spouse of the deceased. She failed to spouses can only be exclusively used by a legally, and validly solemnized
establish her standing since she failed to show pieces of evidence like a couple.
valid marriage contract, transfer certificates of title, residence certificates,
- “Solemnized” is also used in this code to reiterate the intent of the framers
and the like. Although, she was able to bring a passport. Under the law, only
to limit the scope of the provision so as not to include common-law
interested persons may oppose, and Antonietta is not.
marriages. However, “contracting” is broader and may include other modes
- REPUBLIC VS. CA AND CASTRO – There was no marriage contracted of solemnization not recognized in this country.
between Castro and Cardenas because not only that Castro wasn’t there
- Same sex marriages may now be validly contracted abroad, but even if it is
when Cardenas applied for a marriage license, but also the fact that Castro
valid there, it is still not valid in the Philippines.
wasn’t able to sign any marriage contract.
- The Family Code clearly reiterated that only a male and a female could
marry each other.
Article 26. All marriages solemnized outside the Philippines, in
accordance with the laws in force in the country where they are - A proof of foreign marriage is needed because if the foreign law is not
proven, Philippine laws shall take over.
solemnized, and valid there as such, shall also be valid in this country,


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- The burden of proof is now on the one who asserts the validity of a - REPUBLIC VS. ORBENCINDO III – Following the doctrine in the case of
marriage. Van Dorn, a divorce decree validly obtained by the alien spouse is valid in
- There is no absolute divorce in the Philippines. However, if the foreign the Philippines and, consequently, the Filipino spouse is capacitated to
nd
spouse obtains a valid divorce abroad capacitating him or her to remarry, remarry under Philippine law. Under the 2 paragraph of Article 26, it
the Filipino spouse shall likewise have capacity to remarry under the should be interpreted to include cases of Filipinos who subsequently acquire
Philippine law (as long as the one who procured the divorce is the alien a foreign citizenship. The rule otherwise would be unjust. Citizenship during
spouse). the divorce is the one binding and not the citizenship during the marriage. It
- If it is the Filipino spouse who obtains the absolute divorce abroad, it will not is to give fairness to the Filipino spouse. Added to that, citizenship shouldn’t
be allowed or recognized in the PH. be used as an instrument to disregard the sanctity of marriage. There must
be sincerity in obtaining such citizenship, and it shouldn’t only be because of
- Also what is important is the citizenship of the one who procured the divorce
divorce.
during the time of the divorce and not the time of the marriage ceremony.
- QUITA VS. CA – Arturo was a Filipino and, thus, remained legally married
- When you already renounce your PH citizenship, the law that will govern
to her in spite of the divorce obtained. Dandan, however, cannot claim
you now is your new country.
anything since their marriage was bigamous and under the law it is void ab
- If the marriage is between two Filipinos, and one of them obtains an initio. She is not the surviving spouse than can inherit from him.
absolute divorce abroad after being naturalized as a citizen of a foreign
- LLORENTE VS. CA – The divorce decree he obtained abroad must be
country where absolute divorce is recognized, such naturalized foreigner,
respected since it is also undisputed that Lorenzo is an American citizen. It
who was formerly a Filipino, can come back to the PH and validly remarry.
is held in the cases of Van Dorn, Quita, and Pilapil that once it is proven that
- Once divorced, the foreigner can no longer claim the properties acquired in someone is no longer a Filipino citizen and/or if the alien constitutes the
the PH by his or her former Filipino spouse. divorce, effects are recognized here in the PH.
- Once divorced, the foreigner also has no legal standing to file a petition for - BAYOT VS. CA – First, she chose her American citizenship to govern her
adultery or bigamy, since only a “spouse” can file such case. marital status. Second, she secured the divorce as an American citizen.
- GARCIA VS. RECIO – Our courts can only recognize a foreign divorce Third, American laws bind her, as she is a citizen, and divorce is allowed
decree if the party pleading has proven the divorce as a fact and there. Fourth, property relations were fixed. Finally, although she was
demonstrate its conformity to the foreign law allowing it. In this case, the recognized as a Filipino citizen, her American citizenship was the one that
divorce between Samson and Recio appears to be authentic. However, ruled during the pendency of the divorce.
there are two types of divorces: (1) absolute divorce or a vincula matrimonii; - CORPUS VS. STO. TOMAS – The alien spouse can claim no right under
and (2) limited divorce decree or a mensa et thoro. Such divorce decree in the second paragraph of Article 26, as the substantive right it establishes is
this case was a limited divorce decree since it clearly restricted Recio from in favor of the Filipino spouse. The Filipino spouse should not be
remarrying. discriminated against in his or her own country if the ends of Justice are to
- PILAPIL VS. IBAY-SOMERA – Only an offended spouse can complain for be served. The burden of proof is on the person that alleges the fact.
crimes against chastity. In this case, Geiling, the foreign spouse who
obtained the divorce, no longer has standing since they were already Article 27. In case of either or both of the contracting parties are at the
divorced during the time he filed the case. There was no marriage vows to point of death, the marriage may be solemnized without necessity of a
protect, nor a marriage to save.
marriage license and shall remain valid even if the ailing part
- VAN DORN VS. ROMILLO – Aliens may obtain divorces abroad, which
subsequently survives.
may be recognized in the Philippines, provided that they are valid according
to the national law of the foreigner. It is true that owing to the nationality
principle embodied in Article 15 of the Civil Code, only Filipino Nationals are Article 28. If the residence of either party is so located that there is no
covered by the policy against absolute divorces, the same being considered means of transportation to enable such party to appear personally
contrary to our concept of public policy and morality. Added to that, Upton is before the local civil registrar, the marriage may be solemnized without
no longer the husband of Van Dorn. Thus, he no longer has control over necessity of a marriage license.
conjugal assets.

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Article 29. In the cases provided for in the two preceding articles, the of the contracting parties and found no legal impediment to the
solemnizing officer shall state in an affidavit executed before the local marriage.
civil registrar or any other person legally authorized to administer
oaths that the marriage was performed in articulo mortis or that the - The Code of Muslim Personal laws of the Philippines govern Muslims, thus
residence of either party, specifying the barrio or barangay, is so they are not covered by this Code.
located that there is no means of transportation to enable such party to - Republic Act No. 6766 or the Organic Act for the Cordillera Autonomous
appear personally before the local civil registrar and that the officer Region also provides that their customary laws shall govern even their
took the necessary steps to ascertain the ages and relationship of the marital rites and obligations.
contracting parties and the absence of a legal impediment to the - However, other ethnic groups are still governed by the Family Code since
they have no separate law.
marriage.
- There are two requisites for the exemption under Article 34:
o They must live as such for at least five years characterized by
Article 30. The original of the affidavit required in the last preceding
exclusivity and continuity that is unbroken; and
article, together with a legible copy of the marriage contract, shall be o They must be without any legal impediment to marry each other.
sent by the person solemnizing the marriage to the local civil registrar f - However such requisites do not qualify each other.
the municipality where it was performed within the period of thirty days
- The parties must be without legal impediment only at the time of the
after the performance of the marriage. marriage ceremony and not during all those previous 5 years.
- The 5-year cohabitation is not an essential or formal requisite. Its main
Article 31. A marriage in articulo mortis between passengers or crew purpose is to avoid exposing the parties to humiliation, shame, and
members may also be solemnized by a ship captain or by an airplane embarrassment since they cohabited outside a valid marriage.
pilot not only while the ship is at sea or the plane is in flight, but also - Articles 29 and 30 are merely directory requirements and non-observance
during stopovers at ports of call. will not render the marriage void.
- NINAL VS. BAYADOG – It was shown through evidence that Pepito had
Article 32. A military commander of a unit, who is a commissioned legal impediment during the pendency of his cohabitation with Norma since
officer, shall likewise have authority to solemnize marriages in articulo he was still married to Teodulfa. Assuming that Pepito and his first were
mortis between persons within the zone of military operation, whether separated, such cohabitation was still not legal or valid in the eyes of the
members of the armed forces or civilians. law. Thus, their marriage was technically celebrated without a marriage
license and the absence of a formal requisite renders a marriage void.
However, the ruling in this case no longer stands anymore. Refer to
Article 33. Marriages among Muslims or among members of the ethnic the Manzano doctrine, as it is the new ruling regarding cohabitation.
cultural communities may be performed validly without the necessity - MANZANO VS. SANCHEZ – This is currently binding doctrine. Although
of a marriage license, provided they are solemnized in accordance with David admitted that he had already been living separately from Hermina, it
their customs, rites or practices. doesn’t mean that they weren’t married anymore. The exception under
Article 34 of the Family Code can only be availed if the couple has, or either
Article 34. No license shall be necessary for the marriage of a man and couple has no legal impediment. Though David and Luzviminda may have
woman who have lived together as husband and wife for at least five been cohabiting for more than the years required in the provision, the fact
years and without any legal impediment to marry each other. The that both parties are still legally and validly married to another when they
contracted their marriage, makes their marriage void ab initio. They can only
contracting parties shall state the foregoing facts in an affidavit before
avail for such exemption when both of their spouses are already dead by
any person authorized by law to administer oaths. The solemnizing
the time they contracted the marriage, since there must be no legal
officer shall also state under oath that he ascertained the qualifications impediment during the time of their marriage.


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- COSCA VS. PALAYPAYON, JR. – It was also recounted that Judge § No legal effects except those declared by law
Palaypayon Jr asked them to avail for a marriage license after they were o Voidable
married. Such act was unbecoming of a Judge. It is also held that absence § Valid until otherwise declared by the Court
of any formal requisite, such as a marriage license, will render a marriage § Ratified or confirmed by cohabitation
void. § Can only be assailed during the lifetime of the parties,
- MARIATEGUI VS. CA – Presumption of marriage can be availed in the and not after the death of either
present case. Although there was no marriage certificate presented, there - General rule: good faith and bad faith are immaterial in determining
were no pieces of evidence to contradict the presumption. Added to that, the whether a marriage is null or void.
laws presume a man and a woman, showing or representing themselves as - Exceptions to the general rule:
husband and wife, have entered into a legal and valid marriage. Thus, the o Article 35(2) – good faith re: solemnizing officer
children from the third wife can inherit. o Article 41 – disappearance or presumption of death of a spouse
- REPUBLIC VS. DAYOT – The exception can only be availed by those o Determining property disposition
couples that have lived together as husband and wife for 5 years and § If one party is in bad faith, his or her share will be
beyond. Jose and Felisa apparently haven’t even lived together for more forfeited in favor of their common children. In case of
than 6 months. Marrying without a marriage license will obviously render a default of, or waiver by any or all the common children
marriage void ab initio. or descendants, vacant share shall belong to the
surviving descendants. In the absence of descendants,
Article 35. The following marriages shall be void from the beginning: it shall belong to the innocent party.
(1) Those contracted by any party below eighteen years of age - Equitable doctrine of unclean hands – Court should not grant relief to the
even with the consent of parents or guardians; wrongdoer.
(2) Those solemnized by any person not legally authorized to - Remarrying without a judicial declaration of nullity of the previous void
marriage will render subsequent marriage void.
perform marriages unless such marriages were contracted
with either or both parties believing in good faith that the - Collateral attack – There is another issue, and not simply the marriage
itself
solemnizing officer had the legal authority to do so;
o Support, Paternity
(3) Those solemnized without a license, except those covered by
- Direct attack – Issue itself
the preceding Chapter;
o Remarriage
(4) Those bigamous or polygamous marriages not falling under o Dissolution or partition
Article 41; o Revocation of donation proper nuptias (by reason of marriage)
(5) Those contracted through mistake of one contracting party as - Why are persons aged 18 years and below not allowed to get married?
to the identity of the other; and o Health reasons
(6) Those subsequent marriages that are void under Article 53. - CHI MING TSOI VS. CA – The marriage of Gina and Chi Ming Tsoi was
voided because Chi Ming Tsoi was proven to be psychologically
- A void marriage is invalid from the start. incapacitated, and psychologically incapacity is a ground for void marriage.
- Absence of the essential and formal requisites will render a marriage void. - DOMINGO VS. CA – Bigamy is listed as one of the many grounds for the
- Void vs. voidable nullification of marriage. Roberto was still married to Emerlinda and that fact
o Void clearly showed that he was not capable to contract another marriage.
§ Invalid from the start Although Emerlinda was abroad due to work, Roberto cannot avail for the
§ Never to have taken place exception under Article 41 since pieces of evidence clearly showed that they
§ Cannot be a source of rights still have communication and that Roberto was even financially dependent
§ Can never be ratified on her.
§ Can be questioned even after the death of either party

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- NINAL VS. BAYADOG – Pepito and Norma’s cohabitation wasn’t legal - You cannot assume bad faith cause the person might not know s/he is
since Pepito was still married when they started living together. It is stated in incapacitated.
the OLD LAW that one of the requirements of a valid cohabitation is when - A psychological person may remarry since it doesn’t mean that just because
either or both parties have no legal impediment. However, this ruling no a person is psychologically incapacitated with his or her present spouse;
longer stands true now. Refer to the Manzano doctrine. this would also be the case with any other person other than his or her
present spouse.
Article 36. A marriage contracted by any party who, at the time of the - This provision will also apply to foreigners.
celebration, was psychologically incapacitated to comply with the - An expert testimony may be extremely helpful. However, the court may or
essential marital obligations of marriage, shall likewise be void even if may not accept it since the decision will be based on the totality of the
such incapacity becomes manifest only after its solemnization. (As evidence.
amended by EO 227, July 17, 1987) - REPUBLIC VS. MOLINA – The Court elaborated that there is no clear
showing of a psychological incapacity, since what transpired between the
- This ground can be raised by both parties couple was merely “irreconcilable differences” and “conflicting personalities”
- The law does not define what psychological incapacity is, however the doesn’t constitute such. The prevailing doctrine regarding the guidelines
Molina doctrine enumerates guidelines: on how to know whether or not someone is psychologically
1) The burden of proof to show the nullity of the marriage belongs to incapacitated. The doctrine is mentioned above.
the plaintiff. - CHI MING TSOI VS. CA – Procreation is one of the essential marital
2) The root cause of the psychological incapacity must be: obligations and the constant dodging of sexual intercourse destroys the
i. Medically or clinically identified wholeness of marriage. The Court added that if Chi Ming Tsoi’s defense
ii. Alleged in the complaint were true, his wife wouldn’t go to court to complain about something so
iii. Sufficiently proven by experts private as it could ruin her since she is not available to public scrutiny. The
iv. Clearly explained in the decision Court added that there is absence of empathy between Gina and Chi, and
3) The incapacity must be proven to exist at the time of the that sexual intimacy is the only way of ensuring the continuation of family
celebration of the marriage. relations.
4) Such incapacity must also be shown to be medically or clinically - SANTOS VS. CA – This is the first case under this provision. Louel
permanent or incurable. Santos claimed that his wife, Julia Bedia-Santos, was psychologically
5) Such illness must be grave enough to bring about the disability of incapacitated. He explained that back when they were still living together,
the party to assume the essential obligations of marriage. they were always fighting and that when she left for the US she never
6) The essential marital obligations must be those embraced by contacted him ever again. However, the Court held that mere non-
Articles 68 up to 71 of the Family Code as regards the husband communication is not a ground for psychological incapacity. Article 36 refers
and wife as well as Articles 220, 221, and 225 of the same Code to the incapacity to fulfill marital obligations.
in regard to parents and their children. - REPUBLIC VS. QUINTERO-HAMANO – Foreigners can still be held
7) Interpretations given by the National Appellate Matrimonial psychologically incapacitated. However, in this case, the Japanese national
Tribunal of the Catholic Church in the Philippines. wasn’t psychologically incapacitated. It was held in Santos vs. CA that mere
8) The trial court must order the prosecuting attorney or fiscal and abandonment or non-communication is not a ground for psychological
the Solicitor General to appear as counsel for the State. incapacity. The abovementioned case also characterized article 36 to have
- Psychological incapacity must not be mistaken as mental incapacity. a) gravity, b) judicial antecedence, and c) incurability. Sure, Toshio may
Psychological incapacity is incurable, mental incapacity is curable. have abandoned them, but such irresponsibility is not a kind of
- Psychological incapacity must be present at the time of the marriage psychological incapacity. Although, it may be a ground for legal separation.
ceremony, but can be manifested later on during the marriage. - CHOA VS. CHOA – The Court believed that what the couple had was
- Doctrine of triennial cohabitation – 3 years no consummation of incompatibility. It was simply a defect which can be cured though
marriage; wife remains a virgin; husband is presumed to be impotent. psychotherapy. In the Molina doctrine, it was explained that mere showing


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of irreconcilable differences and conflicting personalities couldn’t be
considered a psychological incapacity.
- DEDEL VS. CA – Sharon’s sexual perversion, infidelity, and abandonment
do not constitute psychological incapacity. It must be shown that Sharon
must be completely unable to discharge the essential obligations of
marriage.
- REPUBLIC VS. RODOLFO – Natividad’s refusal to live with Rodolfo, to
assume her duties as a wife and mother, and her emotional immaturity,
irresponsibility, and infidelity do not rise to the level of psychological
incapacity. Article 36 only accepts the most serious cases of personality
disorders. As stated in a previous case, the incapacity must be
characterized by: a) gravity, b) juridical antecedence, and c) incurability.
- KALAW VS. FERNANDEZ – Both Tyrone and Malyn were psychologically
incapacitated since the two experts were able to conclude their incapacity.
The Court even stated that what happened was that there were already a lot
of problems surrounding the marriage, which may have constrained the
couple from being the best version of themselves. The marriage between
them is void ab initio.

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